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HomeMy WebLinkAboutTB Minutes 1993-01-13 I FINAL Town of Ithaca Town Board Minutes January 13 , 1994 At the 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 : John Whitcomb , Supervisor ; Catherine Valentino , Councilwoman ; , Karl Niklas , Councilman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley , Councilman . ALSO PRESENT : John Barney , Esq . , Attorney for the Town ; Joan Lent Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , P . E . , Town Engineer ; Fred Noteboom , Highway Superintendent ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ; Patricia Punger , Personnel Managers George Frantz , Assistant Town Planner ; Louise Raimondo , Planner I . Doria Higgins ; Edna Federer ; Gary Guy ; Chris Sapara - Grant ; Fred Noetscher ; M . A . Macera , Ithacare ; Jeff Stimpson , Ithaca Journal ; Noel Desch ; Edna Stash ; John Yntema ; Ronda Engman , Beverly Livesay , Tompkins County Board of Representatives ; Jay Madison ; Doug Firth ; F . Robert Wesley . Call To Order : The Supervisor called the meeting to order at 5 : 30 p . m . Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance . Agenda Item No . 4 - Report of Town Officials a . Town Supervisor - Supervisor Whitcomb reported he attended a Supervisor '' s school in Rochester sponsored by the NYS Association of Towns and. the NYS Comptroller ' s Office . It was an enlightening session where he learned a great deal . Ms . Alario , Assistant Budget Officer also attended the accounting program . The school gave an overview of the duties and responsibilities of the Town Supervisor including legal , fiscal , audit , safeguarding of fixed assets , overseeing investments , internal control , etcetera . The primary responsibilities are of a financial nature . The Supervisor urged each Town Board member to read the Town Law Manual provided at the lass meeting outlining the Town Board ' s responsibilities . It is the Town Board ' s responsibility to audit the vouchers . Some Town Boards initial each voucher . Supervisor Whitcomb will be setting up a Finance Committee composed of two Town Board members to work with Ms . Alario to perform that function . Volunteers to serve on the committee are requested , should no one volunteer the Supervisor will choose the members . i 4 TB Minutes 1 / 13 / 94 Page 2 . b . Town Engineer ' s Report - Mr . Walker reported on his written report , ( see attached ) . Mr . Walker explained he would present a 1993 Annual Report for the Planning and Engineering Departments at the February meeting . The Metropolitan Planning Organization ( MPO ) is one activity that will begin to take more time for the Town Engineer and one member of the Planning Departments , There is a public participation plan created for the MPO with a mechanism for different tasks teams . Mr . Walker is the liaison to the Planning Committee for the Infrastructure Task Team . Their charge will be to evaluate the condition of infrastructure within the metropolitan area and make recommendations concerning inclusion of projects , improving , adding , or replacing infrastructure . Councilwoman Harrison asked if that included just State roads ? Mr . Walker responded , no , it will include roads that are eligible for Federal funding based on the linkages they provide . The task team has several citizens as participants , as well as technical people . The Supervisor asked to postpone the Report of Town Officials until after an Executive Session as the Attorney for the Town has to leave the meeting early . Agenda Item No . 3 - Executive Session : Motion made by the Town Supervisor to go into Executive Session to discuss property acquisition and pending litigation . Seconded by Councilwoman Valentino . Carried unanimously . The Board entered Executive Session at 5 : 40 p . m . Motion made by Councilman Niklas , seconded by Councilwoman Valentino to resume regular session . Carried unanimously . The Board returned to regular session at 5 : 55 p . m . As a result of the Executive Session , Councilman Niklas made a motion that the Town pay to .Five Star Equipment , Incorporated of Scranton Pennsylvania the sum of $ 16 , 382 . 87 in satisfaction of the claim of Five Star Equipment , Inc . for damage to the backhoe loaned to the Town. and arising out of the accident that occurred August 20 , 1993 , said sum to be paid upon receipt of appropriate releases in a form satisfactory to the Attorney for the Town . Seconded by Councilwoman Harrison . Carried Unanimously . TB Minutes 1 / 13 / 94 Page 3 . Agenda Item No . 4 - Report of Town Officials Cont ' d Mr . Walker continued to review his written report with the Board . Saponi Meadows Subdivision on 7 Mile Drive now has water and sewer . There is significant water and sewer benefit assessment against the property . The owner has filed a letter requesting exemption from the water and sewer benefit on the parcel based on the agricultural use of the land even though it is in the process of subdivision approval . This issue will come before the Board in February for discussion . c . Highway Superintendent ' s Report - Mr . Noteboom reported December was going very well with many projects being completed until the snow hit . Mr . Noteboom asked the Board if there were any questions on his 1993 Year End Report or his monthly report ? Supervisor Whitcomb asked that in the year end report the overtime hours of the highway workers were almost as much as the regular hours , is that typical ? Mr . Noteboom responded he has researched several years and found that has been the case in the past , the amount of overtime hours is typical . d . Building Inspector / Zoning Officer ' s Report - Mr . Frost handed out the 1993 Year End Report to the Board , the monthly report was included in the mail out . Mr . Frost explained his reports to the Board . ( See attached . ) Councilwoman Harrison said she would be interested in seeing how building fees relate to actual costs of construction . Mr . Frost said he would provide a copy of a building permit to each of the Board members showing the fee schedule based on the amount of construction , Councilwoman Harrison asked if a comparison has been made between the fees paid and the actual costs of the Building Department doing the work related to the permit ? Councilman Niklas said that has been compared every few years , and that the attempt is made to cover the costs of administration . Councilman Niklas asked if the appeal of John Lamb which was adjourned to 12 / 5 / 93 had been decided ? TB Minutes 1 / 13 / 94 Page 4 . Mr . Frost responded that has been decided after a second meeting that was adjourned for additional information , after the information was received it was approved with conditions . f . Town Clerk / Receiver of Taxes Report : Mrs . Noteboom stated the receipt of taxes is going very well . There should be no problem in meeting the total warrant in January . Most constituents seem to like the format of the new bills . Agenda Item No . 5 - - Review of Correspondence Supervisor Whitcomb said a letter was received from the Conservation Board referring to the Forest Home Drive Scenic Road designation which was done a month ago . The Conservation Board adopted a resolution acknowledging that designation , and have asked that further acknowledgement be done by the Town Board . The Conservation Board seems to feel not enough acknowledgement occurred about the designation based upon the amount of work that went into that project . Councilman Niklas asked what kind of additional acknowledgement would they like ? Supervisor Whitcomb said he thought a similar resolution to what the Conservation Board passed would be appropriate . Councilman Niklas suggested that the resolution adopted by the Conservation Board be used with the inclusion of changes to " Town Board instead of " Conservation Board " where applicable . Councilman Niklas said the designation last year was an agenda item , the Town Board saw the presentation , thanked everyone , people from the State attended . It was a very nice presentation . Councilman Klein and Councilwoman Valentino also felt the designation presentation was a nice event and could not understand why the Conservation Board felt it was not enough . Motion made by Councilman Niklas , seconded by Councilman Klein adopting the resolution made by the Conservation Board regarding the Forest Home Scenic Road Designation with alterations to reference of " Conservation Board " to " Town Board it where applicable . ( See attached ) , and that once the resolution is prepared a frame be purchased for it and it be given to the Forest Home Improvement Association . Carried unanimously . TB Minutes 1 / 13 / 94 Page 5 . Supervisor Whitcomb noted Mr . Walker mentioned a petition has been received from the residents of Calkins Road requesting water . This will be included as an agenda item for the next meeting . Agenda Item No . 6 - Report of Town Committees Councilman Ni.klas reminded the staff involved who arranges the COC meetings that they are still waiting for a schedule of those meetings . It may be premature until the membership of the committee is settled , but it should be kept as a priority . Supervisor Whitcomb noted there is a meeting of the Planning Committee which is the oversight committee for the COC , perhaps a COC meeting could be scheduled for February . Councilman Klein said the Public Works Committee has established their schedule of meetings for the year and anyone is welcome to attend them . They are normally the fourth Thursday of the month and begin at 8 : 00 a . m . at the Town Highway Garage . Agenda Item No . 8 - Persons To Be Heard Supervisor Whitcomb said included in the regular agenda is the Persons To Be Heard to be held at 6 : 15 each meeting . The Supervisor asked if there was anyone who was interested in addressing the Board on anything other than an agenda item , if anyone wishes to speak to a specific item they will have an opportunity at the time that item is discussed . Doria Higgins asked that she be allowed to speak to an agenda item issue now as she has been ill and can not wait until the item is discussed . ;i Mrs . Higgins spoke on the Cayuga Inlet Trail ( Item No . 26 ) which was agreed to be built on a tri - partied agreement . She said the issue before the Board this evening of a memorandum from the Assistant Town Planner requesting the Town help State Parks get right of ways over the Town property in the line of the Cayuga Inlet Trail is appropriate . Mrs . Higgins; pointed out that Item 3 , of the 1983 agreement said that State :Parks would prepare a master plan of the trail , this still has not been done . It would be appropriate for this Town Board to say it is now time to have a master plan from State Parks . There has been a lot of misinformation about the City concerning this issue and it has confounded many decisions at the City level . Many people are still misinformed about the facts . Mrs . Higgins reviewed her memorandum with the Board , ( see attached ) . TB Minutes 1 / 13 / 94 Page 6 . Mrs . Higgins said some of the Town Board may think this issue is just a disagreement between the City and State Parks and that the Town should stay out of it . It is a case where the City has honorably fulfilled its part of the agreement and the State Parks is making false demands on the City . When something like this happens it is important that the Town support the City . It is not necessary at the present time , it is a question of one party of the three part agreement threatening to not honor it . As members of the agreement the Town should protest at the proper time . Councilman Niklas asked what manifestation would the Town Board ' s participation take in Mrs . Higgins opinion at the point where it becomes necessary ? Mrs . Higgins said she felt last year it might have been appropriate for the Town to have said the State Parks was making unfair demands on the City . However , she hesitated in stating that as had a great deal of respect for Supervisor Raffensperger . Supervisor Whitcomb said Supervisor Raffensperger ' s letter did say that " the lands in dispute between the City and State not be allowed to bring the tri - partied agreement into question , and that the plan be proceeded with regardless of the dispute " . Mrs . Higgins said that what both the City and the Town said last year was appropriate , it is important because some Board members may misunderstand and it should be clearly understood . Supervisor Whitcomb asked Mrs . Higgins if she had a problem with what would be required in assisting the State acquiring the easements ? Mrs . Higgins said she has no problem with that . Mrs . H i g g i n s offered best wishes to the new Town Board members during their tenures . Agenda Item No . 7 - Report of Tompkins County Board of Representatives Councilwoman Harrison asked what this agenda item usually entails ? Supervisor Whitcomb said there is usually a member of the County Board at the meeting . There are three representatives on the County Board who live in the Town of Ithaca . They rotate the assignment of attending our meetings to report on County activities . The Town Board can ask them questions relevant to the Town residents on the County issues . TB Minutes 1 ! 13 ( 94 Page 7 . Agenda Item No . 10 - Town Board Meeting Minutes 12130 / 93 Motion made by Councilwoman Valentino , seconded by Councilman Niklas approving the minutes of the 12 / 30 / 93 Town Board meeting as written . Carried unanimously . Agenda Item No . 11 - Town Board Meeting Minutes 1 / 3 / 94 Motion made by Councilman Niklas seconded by Supervisor Whitcomb approving the minutes of the 1 / 3 / 94 Town Board Reorganization Meeting minutes as written . Carried unanimously . Agenda Item No . 12 - Town of Ithaca Warrants Motion made by Councilman Niklas , seconded by . Councilwoman Valentino approving the payment of the Town of Ithaca Warrants . Supervisor Whitcomb reminded the Board they are responsible for the accuracy of those warrants . Motion carried unanimously . Agenda Item. No . 13 - Bolton Point Warrants Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving the payment of the Bolton Point Warrants . Carried unanimously . Agenda Item No . 14 - 1994 Priorities Work Plan Supervisor Whitcomb said there have been some revisions to the plan since the one the Board received in the mail . A new plan was distributed among the Board . Supervisor Whitcomb explained the revisions and the additions to the Board . Completing the custodial agreement with the bank was added as a high priority . Most of the rest of the plan is the same as before with the exception of some reorganization based on Supervisor Whitcomb ' s estimate of one departments priorities as a list was not submitted in time . The biggest change is under Land Use / Housing . The plan is organized according to A , first ; B . second ; and C , last . It is also sorted according to the Department that is responsible . Councilman 1Viklas asked if revision of the Zoning Ordinance is a high priority ? oil 111111 TB Minutes 1 / 13 / 94 Page 8 . Supervisor Whitcomb explained that this is a high priority and needs to be done . Mr . Walker explained the hydraulic model of the water system is the water distribution system design tool and an analysis tool to determine what improvements need to be made . It is a software program the Town will purchase and develop specifically for the Town ' s needs . Mr . Walker explained the Environmental Atlas is a listing of all the critical areas in the Town which need protection , i . e . wetlands , steep slopes , etc . There are overlapping priorities . The Geographic Information Systems development will overlap by being a computerized tool in developing the Environmental Atlas . Councilman Niklas asked if this priorities work plan is final or will it be brought back to the February meeting ? Supervisor Whitcomb said he is hoping for its approval now unless there are major changes . The defining of unbuildable land has been a debate for the Planning Board , what land is buildable under subdivision approval and what isn ' t . The question of clusters is an issue . Councilman Niklas asked if this is part of the context of the wetlands legislation that COC has discussed ? Supervisor Whitcomb said , yes . The development of a fund for park . acquisition has to do with a section of the subdivision regulations that calls for 2 % set aside for park land or money contributed in lieu of 10 % of land . No one has ever contributed money and the Conservation Board ask that it be looked into . The Environmental Atlas will be started in 1994 but will not be completed . Councilman Niklas asked if the unbuildable land was an item raised at COC and they would send it back to the Planning Board as they needed input from them . It seems logical that COC will have to build the definition for that after hearing from the Planning Board . It should be a " B " priority not an " A " for the COC . It is not just a question of defining it , it is a question of building it into the Zoning Ordinance so the Planning Board has some clout when it refers to other issues . Councilwoman Harrison asked if the Planning Committee needs to be involved in the enacting of sunset legislation , or could it just be the COC ? It does not seem to be related to the planning . TB Minutes 1 / 13. / 94 Page 9 . Councilman Niklas reminded the Board that the COC only makes recommendations , and when it is discussing an item that requires a Policy decision it stops . The Chairman comes back to the Town Board and in either executive session or committee report asks for advice . Councilwoman Grigorov said some of the discussion and advice part should conic! before it goes to the COC . Supervisor Whitcomb noted that is why there is a Planning Committee to help give the COC direction . Councilwoman Harrison said in terms of the priorities , when she looks at the Conservation Board priorities the " A ' s " are a plan for Iocavelli Park and working on GEIS , is that enough for them to do ? Would it make sense to have them work on the development of a parks , recreation , and greenway plan ? This would be a useful item since a revision to the Zoning Ordinance is a priority . Councilman Niklas said he feels the discussion is going in cross purposes . The priorities are not established according to the priorities of the Committees that entertain them . They are Town staff priorities . COC will be listed with five items . all of which are " A ' s " . but COC will have to themselves give priorities to those items . Councilwoman Harrison said slie assumed these are also staff priorities . If the COC wants to work heavily on the parks and recreation plan they could do it , but not expect a great deal of staff help . Councilman Niklas said that usually the committees receive all the support from staff that they need , regardless of the priorities of the assignments . Attorney Barney noted staff can only serve on so many committees so many hours per week and still accomplish the objective . The staff needs guidance . This listing gives guidance to the staff as to the Town Board ' s preference of how they spend their time first . Mrs . Noteboom asked that two priorities be changed . The emergency disaster records management plan should be an " A " , because the building is old and a plan should be in place in case of a disaster . TB Minutes 1 / 13 / 94 Page 10 . The emergency disaster plan would be a list of people to contact in the case of fire and flood who would make sure the records would be cared for so the Town administration could continue within 48 hours . An item under Capital Projects . continue plan for Americans With Disabilities Act compliance needs to be done by the end of the year by federal law . The money has been placed in the budget for completion . Mr . Noteboom suggested this priority be upgraded to an " All . Mr . Frost noted the Town is required to be in compliance but that it may not be necessary with the possibility of a new town hall . Councilman Niklas mentioned all the priorities are not " cast in stone " , any item could be upgraded or downgraded according to any emergencies and projects that may occur during the year . Mr . Frost pointed out that building and zoning has already completed the filing of certain records by tax parcel . Supervisor Whitcomb said tie has added the Finance Committee under the financial management category . Supervisor Whitcomb noted the plans for Iocavelli Park is an " A " priority for the Conservation Board , but the development of an overall park and recreation greenway plan is a " B " priority . The Supervisor asked Mr . Frantz if , in the terms of staff time which should be the " A " and which the " B " ? Mr . Frantz recommended that the overall park , recreation , and greenway plan be the " A " . Supervisor Whitcomb said there is a great deal to this plan , but that lie looked at last year .' s plan and found that 2 / 3 ' s of the items were accomplished . The staff is good , they do a great deal . Councilman Niklas added the staff is " better than good " . Motion made by Councilman Niklas , seconded by Councilwoman Harrison approving the 1994 Priorities Work Plan as revised . Carried unanimously „ Agenda Item No . 15 - Solicit Recommendations for Newsletter Supervisor Whitcomb said there is a newsletter sent on a periodic basis , and he asked for any recommendations and suggestions for it . Anyone who has items for the Newsletter contact the Supervisor or Town Clerk by the end of the month . TB Minutes 1113 / 94 Page 11 . Mrs . Noteboom said this newsletter will have the names , addresses , and phone numbers of the members of the Town Board , Planning Board , and Zoning Board . Each Board member should let her know the phone number they want listed . Councilman Niklas suggested the schedule of various committees be on the newsletter . Supervisor Whitcomb said that would require a great deal of space . The leaf and brush pick up should be on it also . Mrs . Noteboom said we are somewhat limited with space , but that we try to get as much information on it as possible . We hope to make a set schedule as to when they will go out . Councilman Klein noted one of the priorities is to improve the format of the newsletter . Maybe with page maker software it could be made on 11 " x 14 " instead of the legal size . Mrs . Noteboom said the biggest problem is not the size but we do not have a listing of all the residents in the town to make sure each household receives a newsletter . Now we use the listing of the registered voters . There is no way to take the tax package and extract the names and addresses . We are working on this new listing . Agenda Item. No . 16 - Designation Delegates to Association of Towns Meeting Supervisor Whitcomb said we will hopefully receive a list of the resolutions prepared by the Association of Towns by our February meeting so that we can give the delegates some direction as to how to vote . Motion made by Councilman Klein , seconded by Councilman Niklas appointing Carolyn Grigorov as the Official Delegate , and Catherine Valentino as the Alternate Delegate to the Associations of Towns Annual Meeting to be held in February in New York City . Carried unanimously . Agenda Item. No . 17 - Cable Television Rate Regulation Options Councilwoman Valentino explained the Federal regulations on administrating cable rates has been very difficult to decipher . It has been readjusted , explained , and changed making it complex to deal with . When the Town first discussed this it was thought the Town should regulate the cable rates ourselves . TB Minutes 1 / 13 / 94 Page 12 . However , in discussions with other communities and other cable commissions it is clear that it is almost an impossible task for a small entity such as ours to do on their own . The cost is very prohibitive . Most municipalities have asked the State Cable Commission to assume the responsibility . . In meetings with the State they have said they are willing to do that The indications are that they will do a reasonably good job . Councilwoman Valentino recommended the Town ask the State to take the responsibility for the Town to regulate the cable rates . Motion made by Councilman Conley , seconded by Councilman Niklas hereby authorizing the NYS Cable Commission to resume the responsibility of regulating cable rates for the Town . Carried unanimously . Agenda Item No . 19 - Water and Sewer Refunds Motion made by Councilman Niklas approving the refund of $ 90 . 80 to the owner of the property located at 246 Sapsucker Woods Road . Account No „ v - 3356 as the property owner has changed and there is a credit balance . Councilwoman Valentino . Carried unanimously . Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving a refund to Jen Robinson account U - 3210 in the amount of $ 31 . 36 for water due to an erroneous check sent by mistake which resulted in a credit . Carried unanimously . Agenda Item No . 21 - Appointment Highway Laborer Mr . Noteboom said the Highway Department is requesting the hiring of an additional laborer which will bring the department up to full strength again . Motion made by Councilwoman Valentino , seconded by Councilman Niklas approving the appointment of Edward Merrick as a full - time highway laborer with a salary of $ 6 . 50 per hour . Appointment is subject to a six - month probationary period , all benefits granted full - time employment apply . Carried unanimously . Supervisor Whitcomb pointed out this is not a new position , it is just to replace someone who has left . ai TB Minutes 1 / 13 / 94 Page 13 . Agenda Item No 22 - Employment Status / Salary Change Richard Tenkate Mr . Noteboam stated Richard Tenkate has been employed for over six months and is an excellent employee . Mr . Noteboom recommended that he be changed to ' permanent status with a salary increase from $ 6 . 00 to $ 6 . 50 per hour . Motion made by Councilwoman Valentino approving the regular employment status of Richard Tenkate with a salary increase from $ 6 . 00 to $ 6 . 50 per hour , retroactive to 1 / 6 / 94 . Seconded by Councilman Niklas . Carried unanimously . Agenda Item No . 23 - _ Status / Salary Change Planner T Ms . Punger said Louise Raimondo , Planner I has completed her six - month probationary period , it has been recommended by Mr . Walker that her status be changed to permanent and that she be given a salary increase from $ 22 , 000 to $ 23 , 500 . Motion made by Councilwoman Valentino , seconded by Councilman Niklas approving the regular employment status of Louise Raimondo with a salary increase from $ 22 , 000 to $ 23 , 500 per year effective January 12 , 1994 . Carried unanimously . Agenda Item No . 24 - Employment Extension Archaeological Survey P r o i e c t Mr . Frantz said this item would allow an extension of time for the two people who are doing the work on the archaeological survey on 7 Mile Driv ° . It is an extension of time , not money . Motion made by Councilman Niklas , seconded by Councilwoman Harrison that the period of employment for Sue Pacek and Kathleen Quinn as temporary part - time employees of the Town be extended from January 31 , 1994 to March 31 , 199 !1 with the original number of hours authorized not being exceeded . Carried unanimously . Agenda Item No . 27 - Appointment Ethics Board The Supervisor explained there has been a resignation from the Ethics Board by Herbert Gen fan . Mr . Earl Thomas has indicated lie would be interested in serving on this Board . Motion made by Councilwoman Valentino , seconded by Councilman Niklas appointing Earl Thomas to serve as a member of the Ethics Board for a term of office retroactive to January 1 , 1994 through December 31 , 1, 998 . Carried unanim (-) iisIy Ills TB Minutes 1 / 13 / 94 Page 14 . Agenda Item No . 9 - Public_ IIearing , Rezoning Special Land Use District The Supervisor opened the public hearing at 7 : 00 p . m . The Town Clerk had proof of posting and publication . Supervisor Whitcomb stated Mr . Macera , Director Ithacare has a presentation " to make before opening the discussion to the public . Mark Macera , Executive Director , Ithacare Center , 115 South Coy Street told the Town Board that Ithacare architects and engineers will be presenting a slide show to the Board . Mr . Macera thanked the Town Board for the opportunity to address them on the project . The genesis of the project dates back four years . Ithacare ' s present building has grown obsolete and is no longer capable of providing the program and accommodations for the existing clientele and those elderly in the future who require supportive services Because of the lack of capacity Ithacare investigated opportunities to build a new facility and at the same time improve the quality of care offered to the residents . Ithacare engaged Ithaca College in numerous intensive discussions about the opportunities to develop an intergenerational program that led to a review of a number of sites , ending in the sclrction of a South I-1i11 site in close proximity to Ithaca College to promote that relationship . Many discussions with Town staff and filing of the necessary applications have led to the Public IIearing . L . R . Kimbell & Associates , Architects and Engineers are core companies who have been working on this . Mr . Wesley has worked on the State Environmental review application submitted . A: number of other individuals are present who have worked on this proposal . Mr . Macera introduced Mr . Fred Noetscher , Landscape Architect , L . R . Kimbell & Associates who addressed the Board and presented a slide presentation to the Board and citizens . The site is south of the City of Ithaca on the west side of Danby Road adjacent to Ithaca College . It is part of a 66 acre parcel owned by Ithaca College . Mr . Noetscher said the building would be approximately 112 , 000 square feet , with 160 units , and a total residential population of around 180 . There will be 60 adult care facilities , twenty assisted living units , and 80 independent living units . Parking will be provided for 105 cars . That number- was generated from various studies to determine the present and future needs for parking . TB Minutes 1 / 13 / 94 Page 15 . Ithacare will provide private studio one and two bedroom residences „ dining facilities , intergenerational programming with Ithaca College , auditorium , case management , etc . It is a round the clock personal care facility . The residents will be people who need some assistance to live a normal or satisfactory life . The building will be two stories at any specific point with a total of three stories . The design was used because the site gently slopes to the northwest . It was felt that the site should be accommodated with the building stepping down like a series of stairs . The overall facade will have a residential type character . The proposed site plan tried to deal with the issues and concerns that were found on the site . The wetlands amounts to approximately 7 / 10 ' s of an acre . According to the NYS Department of Environmental Conservation , and the Army Corp of Engineers it falls below their threshold for regulation . DEC will regulate wetlands that are five acres or more , and the Army Corp of Engineers will regulate wetlands that are one acre or more . From a regulatory standpoint anything could be done to the wetlands , however it was felt it was a unique feature to the site and it is intended to have as little impact as possible on the wetlands . It could be a unique passive recreation for the residents to watch the wildlife there . Investigations were conducted on the possibilities of endangered plant and animal species . The DEC was contacted and the National , Heritage Program were consulted and it was found that there may have been , or could be endangered plant species on the site . Ithacare hired a consultant to do a study of the site , and it was found there were no endangered plants found on or adjacent to the site . Parking entails some that will be very close to the residential areas , and some that is farther out for visitors . There will be a central drop off area at the front of the building on the east side . Access is being proposed from 968 at that location . Access has to be considered because of the grades involved . It is hoped to keep the building low on the site to minimize its impact on the views and vistas from the over look on 96B , but the site also has to be accessible to 96B without exceeding standard gradients on the roads . Preliminary investigations have , been completed concerning the availability of all utilities . There will be no problem with connecting to sanitary sewers , water systems , and electric . TB Minutes 1 / 13 / 94 Page 16 . The only other point of concern regarding the utilities is storm water management . The wetland is fed in a major way by a culvert that runs under 96B . It is taking surface water and ground water from the east side of South Hill underneath 9613 and channels much of it down to the wetland . Some of the water does flow around the wetland . As a storm water management procedure. , even though it is not regi.iired by law , it may be used as a retention pond . Collecting water from the roadways and parking area and depositing it in the wetland then allowing it to slowly release to the northwest Councilwoman Harrison asked what impact putting the storm water on the wetland would have ? Mr . Noetscheer explained they would not be doing anything more than increasing what is already happening , they would work very closely with the entities who preform the snow and ice removal to make sure they are not using any chemicals that would be detrimental to the system and it wouldn ' t be a flushing situation , a design outlet pipe would slowly release the water from the wetland area much like it does now . Councilwoman Harrison asked what quantity of water is estimated ? Mr . Noetscher• said no real figures have been calculated . All of the water that was collected from the pavement would not go to the wetlands . Developing this land does not make it rain anymore it is only a concentration and acceleration of the amount of the water . Councilwoman Harrison asked how the building would effect the view to the West Hill ? Mr . Noetscher said it will interfere in a minor way with the view of West Hill , but only the lower portions . Mr . Frantz , Assistant Town Planner stated he had done an evaluation of the impact on the views , to the left ( here is a nice view of Connecticut Mill which is not effected . The portions of West IIill where the view will be impacted are the west hill section of the City , and the lower end of Coy Glen . West of West Haven is still going to be visible which is a considerable portion of West Hill , Councilman IViklas asked if the peak over the front entrance of the building will obstruct the view ? Mr . Noetscher said the peak will be an architectural focal point of the building an it is only one point oil the urlhole building I ; TB Minutes 1 / 13 / 94 Page 17 . Mr . Sapara -- Gran t Project Designer explained the floor plan of the building through a slide presentation to the Board . There are three types of living units . The assisted living units and the independent living units are the two major units . These units will be on the top floor . The main floor will have some independent living units , group activities „ combined functions with Ithaca College . The lower level will have independent living and service spaces . At any particular level there will be two stories of building seen . The impact from the street is reduced drastically . Attorney Barney asked what the base elevation of 495 ft , was related to ? Mr . Noetscher said that is the US Coastal and Geographic Survey showing above sea level . Councilman Klein asked what the exterior materials of the building would be ? Mr . Sapara - Grant said it would probably be vinyl siding but that has not been totally determined yet . John Confer , Professor Ithaca College addressed the Board and said he was concerned about the bird life and the potential impact of Ithacare on the site . Mr . Confer said he is a professional expert on the kinds of birds that are on the site . He has written publications , been awarded grants , and has personally surveyed the site . He also conducts censuses of birds for the US Fish and Wildlife . Mr . Confer surveyed the site in regards to why the golden winged warbler is declining . At the site there are no species which the Federal government has declared as endangered or threatened . None of the species on the NYS Endangered List are on the site . Birds seen there are part of the NYS census of guild or group that live in shrubby fields that are declining . It is interesting that people are so concerned with saving forests . In Tompkins County at the turn of the century we were 95 % active agricultural and 65 % forest and growing . Many shrub fields have disappeared . In New York the birds that are declining are those of field and shrub , specifically at the site where Ithacare will be . TB Minutes 1 / 13 / 94 Page. 18 . There is more concern for the birds that live in that habitat than for the bards that live in the forest . Mr . Confer said he is concerned in a general way about the species none of which are specifically very rare that live in the site , but are a part of a group of bards that show they are declining . Mr . Confer is worried about the pond and the impact this would have on it the proposal to put roofing and tar on the building would add drainage to the pond which does not go there now . Mr . Confer said aquatic birds have , a problem with fluctuating water level . Building pavement , roofs ; pushing storm water from that additional drainage area into a pond exacerbates the up and down of the water level . The occasional flood that might not flood the mallard nest would with the roof occasionally kill the nest . It is hoped that in designing the building it would be considered to have some other receptacle for drainage other than the wetlands . Mr . Confer spoke to Mr . Macera about the location of the parking lot which comes right to the quarry wall you cannot have a marsh and pavement and then expect all the things occurring in the marsh to act as if the surrounding habitat hadn ' t changed . There needs to be it buffer to protect 11 ) e:: wildlife . Mr . Maci ra gave Mr . Confer a positive response in discussions as to redesigning the size of the parking lot to minimize its effect on wildlife . When anything is built you cut down primary production , habitat and food for wildlife , some wildlife will be lost . There are no rare species at the site but the destruction of habitat could be mitigated by modifications of the design . Mr . Confer was pleased by Mr . Macera ' s receptiveness to consider these problems . In an active sense one can enhance habitat by planting shrubs that bear berries , and planting shrubs that provide dense shelter . Mr . M a c e r a has assured Mr . Confer that I t I i a c a r e will go to a positive , proactive , affirmative money spending effort to put in wildlife habitat improvement efforts . This is a facility our culture needs , and in terms of wildlife it is doing less damage than many other places . Mr . Confer was also concerned with where the parking lot is planned find drainage exacerbating the water level in the wetlands . Councilwoman Harrison asked if the wetlands and the brush are supporting two different bird populations ? Mr . Confer said that is correct , there are two different populations . TB Minutes 1113194 Page 19 . Councilwoman Harrison , asked if in the site proposal is there any shrub habitat that will be maintained ? Mr . Confer said , yes . Mr . Macera said much of the area is also grassy and will not be disturbed . The building will be ill approximately 113 of the area . Ithacare would be as cautious as possible not to disturb the rem <.Iining 2 / 3 ' s . Part of the landscaping would include adding the shrubbery that is beneficial to the habitat . Rhonda Engman , Vice - President , NYS Coalition for Animals wrote Supervisor Whitcomb . a letter , and addressed the Board . Mrs . Engman said she has known Mr . Confer for many years and she respects him highly . Mrs . Engman said there are certain size limitations that all creatures require for habitat . A single pair of nesting Hens low Sparrows require about five acres of habitat . If you decrease the habitat even if it is not altered , the sparrows will leave in search of another suitable habitat . Tn the case of this site if the habitat is decreased by putting a building on it you may force some species out . Mrs . Engman is disappointed ithacare did not make a survey of the animals . Besides the impression that was given by the Architects , the DEC nor the Heritage Program have ever been on the site or surveyed it . The architects survey that there is no endangered species was based on a general survey of the entire State . Ithacare took the t ime to pay Bob Wesley to do a survey of the plants , but wouldn ' t go out to get a volunteer to survey the animals . The pond and wetland habitat is very important to reptiles and amphibians that are declining all over the State . The way the site slopes airy kind of . leakage from vehicles is going to be washed down the roadways there and get in the wetland . The first time a resident of Ithacare complains about the mosquitoes birds feed on it wi l l be f i l led in . There i s no guarantee from Ithacare that they will maintain Elie wetland . Ithacare serves a need in the community but this is the wrong site for the facility . There is a need to preserve open sites particularly sites with special views and habitats . We cannot continue to build on these habitats and say there is no effect on the wildlife . CouriciIwoman Harrison asked Mrs . Engman if she had any knowledge of the site harboring any particular unique animal ? TB Minutes 1 / 13194 Page 20 . Mrs . Engman responded , no , but she doesn ' t like viewing sites in respect to there being a unique plant or animal . All animals are special , in and of themselves . The water birds feed on the aquatic animals and if you take away the food source they will leave . It is all interconnected . Ed'na Pederer , former county wide Program Coordinator for the Tompkins County Senior Citizens Council addressed t11e Board . One of t11e ma. jor issues of Senior Citizens has been housing . Individuals who have adequate means o .f income but not enough to go into Kendall . Every individual . from the time they are born is beginning to age . by the year 2010 or 2020 everyone Here will be. in a situation where they need to plan . There was an individual a physical therapist was working with in her 90 ' s who was able to improve enough to go back to a facility such as Ithacare . The only assisted living that is presently in Ithaca is Ithacare . Mrs . Pederer highly supports the Ithacare facility because of what it will mean to this community . It is time for this new facility and others . John , Yntema . 993 Danby Road who lives across from Ilie overlook spoke to the Board . Mr . Yntema asked if the Board planned to approve or disapprove the proposal tonight or will it be considered and done later ? Supervisor Whitcomb said it will depend on the Public Hearing , if new information is brought , forth that needs to be considered it could be postponed . Mr . Yntema said he is concerned as there are very few people from the public here , they are outnumbered by the people connected with Ithacare . :Notices were posted on the site across the street but they did not say anything about the dates and times of the meeting . Mr . Yntema happened to see the Planning Board notice in the newspaper by accident . Why weren ' t the people who live on the road notified ? It is a shame that something this 1bi9 is responded to so poorly by 1: lie public . it is unfr> rtunate more people wer ,� not notified . In the Environmental Impact Statement that was prepared there is a notation that 200 , 000 people a year use the overlook . Mr . Yntema favors Ithacare , but thinks this is a terrible site . Mr . Yntema was interested in knowing what other sites were considered . TB Minutes 1 / 13 / 94 Page 21 . One of the access roads is 75 feet away from an adjacent residence , the building itself is between 75 to 150 feet away from the overlook . It is too close to what is supposed to be a public facility . The artist ' s rendering is not from 20 feat above the overlook , it is from about 1. 00 feet on the other side of the road . If you look at the elevations the lower end of the over look is at 594 feet . The peak that is being discussed is not a point , it is a ridge and that is 607 feet . The high roof ridge is at 601 feet . If the roof ridge is 601 feet , someone standing at 594 feet will not be able to see over the roof . Someone at the Planning Board meeting made a very good point . if you look at something and you see the whole vista that is <, ne thing . but if you put something right in front of you , you can ' t see the whole . If the building were moved a couple hundred feet to the North it would be out of everyone ' s way . Moving it farther to the north would involve more earth moving , but with an $ 8 . 5 million budget it probably would not be that big a portion . Mr . Yntema said there was a comment in tale EAF on the sewage disposal , in the Town Comprehensive Plan on page IV - 5 it states , " disadvantage of South Ili ll Development - the sewer system is at capacity at the entry into the City system " . It seems 111at this should be a concern . The EAF says that 2 . 75 acres are going to be involved in the roads building and other paved surfaces with 7 acres developed . There. is no indication that anything else is going to be disturbed , but 2 . 5 does noC equal 71 In the EAF there are maps of the site location , for the Board ' s information the site is in the wrong plac. c . It 1s next to the property owned by Mrs . Belly and it is not shown correctly on those maps . The bedrock is mentioned as greater than four feet . Across the road it can be as little as six inches . Mr . Yntema echoed Mrs . Engman concerns that no animal survey was done . Someone from Ithacare was there yesterday looking for the deer . biit you will not find anything about the reptiles and amphibians in the winter . Mr . Yntema said he was curious as to the building materials to be used . At the Planning Board hearing it was noted that the roof was to be asphalt shingles that should be the case because a metal roof would reflect off peoples faces . TB Minutes 1. 113 / 94 Page 22 . There is nothing in the LAP to explain what will be done with the sewerage it is assumed it will go to the public system , if that is the case the capacity question should be raised . Under planning zoning a question is asked whether the proposed action is compatible with the surrounding land uses within a quarter of mile , it states yes , but how ? There was an article in the Ithaca Journal last year stating Ithacare would be across from the college . If you look at the map of Ithaca the only thing that is across from Ithaca College is farther north . The only things across from this are people ' s houses . What is behind that is soccer fields . It is suggested there will be twenty more vehicles an hour passing on 96B , 480 cars more a day . T anyone is going 1' o work or visit this faciIJ. ty in the morning when people are trying to get into the City they will have a single lane . They will clog the traffic or a stop light will be needed . Anyone urho has been driving into town the last few months can attest that the traffic light by South Hill School makes things worse rather than better . If they do the same thing here there will be many problems . The entrance to this facility is right across from a driveway to a residence , with a passageway between the neighbor ' s belong to Ithaca College . How will all the people who are going to work on the intergenerational program from Ithaca College going to get to Ithacare , they will have to use that passageway which is . inconvenient to those residents . Mr . Yntema said the application speaks frequently of the amount of frail elderly and those over 90 but the staff numbers are 2 to 4 a night . It 1s hard to believe that 2 to 1 veople can take care of 18 © alone . The parkin ;; in terms of how much staff , visitors , and residents needs to be considered more thoroughly . The pond is also a concern in terms of putting snore water into it The parking is three acres , that is a lot of water running off into the wetlands . Part Two of the LAP asks " if there is or likely to be public controversy related to potential adverse environmental impacts " , the form says no . IIow is that judged , it is not correct . I j � E ! 1 ; TD Minutes 1 / 13 / 94 Page 23 , Jay Madison , 985 Danby Road said he lives right across from the proposed s to and next to the emergency vehicle access for Ithaca College . There are many experts that have mentioned the ecosystem impact on the environment . There is a large amount of wildlife . Y Mr . Madison said lie is extremely concerned with the traffic flow and the velocity . That is a situation that needs much further analysis before an intelligent decision can be made . 96D is becoming a major traffic pattern for the City of Ithaca . If there is going to be a great deal of stop and go traffic and traffic that needs to turn , someone is probably going to have to widen the road to handle it . The speed limit will have to be lowered . It seems to be a raceway now particularly for people going up the hill. . The College Circle apartments are near there and the increased traffic from that is significant . This is an area which needs a great deal of evaluation . Mr . 1,iadison liopes that is done before approval is given . There is also going to be the in tergenerational program between Ithaca College and Ithacare . Are there going to be sidewalks installed from Ithaca College to Ithacare ? If not there will be more traffic on the road and the students will be crossing the road . It has been mentioned that the residents of Ithacare will be going to the college . It bias to be realistically looked at as to how they will be getting there . Sidewalks can end up being a major consideration . Everyday it is an existing project to get the mail because the mailboxes are on the opposite side of the road . Several people who are elderly and live on 96D have had mail delivery stopped because it is so dangerous . These things are extremely critical if elderly people will be in residence . The talk that the building is across from the college is interesting , it is in the proximity of Ithaca College but there is an extreme amount of water that drains off the hill because Ithaca College put in a very complex drainage system to kc_ ep tlae playing fields dry . The tiles drain off a sheer cliff and that contributes to the water running down the hill . There needs to be more consideration to the draining of the entire hill . If the drainage is taken away it will be flooded oia t . TB Minutes 1 / 13 / 94 Page 24 . It is important that all the facts and details are available and that we don ' t just get excited that we will be helping elderly people or that we will be taking away habitat for wildlife . Those are important issiies bi.rt there is a l .) t of information that has been pushed ahead faster than was necessary and that needs to be rurther evaluated to make an intelligent dec. isiO , I Are t lie re unanswered questions . and unquestioned answers ? Doug Fi r th s a id lie f ound ou t abou t the nice t i ng f rom h i s ne i ghbor and lie did not have tame to put his concerns in writing . Mr . Firth said one concern lie has is the Obstruction of the view across from the scenic overlook . There has been a great deal of discussion regarding the view driving down Danby Road . There are a number of private residences in this area and there view needs to be considered . Many people bought the property for the view . Mr . Firth said lie supports the comments made that the site be moved north , more directly across from the buildings of Ithaca College . If that could not be accommodated it could be moved west on the building site that is proposed . It is ironic a few years ago the money was spent to put in the overlook for the public to enjoy and now this massive building is being put in front of it distorting the view . Everyday Mr . Firth goes to the mailbox he is putting his life in jeopardy . The amount of traffic and the velocity is intolerable . Many times it takes him five minutes to get the mail to run through a get gap in the traffic . People do not obey the speed limit , everyone is fighting for the single lane trying to get ahead of the other guy . Someone is going to get killed . There are a great number of people who jog along this road including frill Ithaca College teams who even jog in the road . They are competing with traffic that is going 60 to 65 miles per hour on a major highway . There is a ' probleni here . Fit lie r the traffic has to be slowed down or the volunie has lobe controlled . Supervisor Whitcomb asked if anyone else wished to be heard ? No one else asked to be heard by the Board . Supervisor 'Whitcomb said lie felt there were some very valid and serious concerns brought out t his evening . Supervisor Whitcomb asked the Board for their comments . Councilwoman Crigorov felt it would be important for the residents and Board to be abler to direct questions to the Ithacare representatives . TB Minutes 1 / 13 / 94 Page 25 , Mr . Macera said Ithacare is willing to respond either verbally or in writing to any of the concerns raised this evening . Because of the interest of time he deferred the discussion to the Board as to the questions that were most important . The question before the Board is to address the issue of rezoning this evening . Not all the questions are related to that , those related to the site plan are not an issue before the Board this evening . Supervisor Whitcomb said Mr . Macera was correct the issue tonight is whether to rezone the site from an industrial use to a special land use district which is a down zoning of the intensity on the site . There are concerns as to the way Ithacare will be built and the Board needs to be aware of those things , as well as to the appropriateness or inappropriateness of the rezoning . Councilman Niklas said he has to be very careful in what he says because he cannot vote on this issue because of conflict of issue as he owns a home across from the scenic overlook . Councilman Niklas asked those residents who are opposed to this rezoning if they are aware of the fact that the present zoning is industrial , and that if Ithacare ' s rezoning for this particular project is not approved that someone could come in and place an industrial complex of the size and magnitude that the present zoning allows which has the potential to create a greater amount of traffic on 96B , the potential to disturb a greater amount of the ecosystem mentioned , and has the potential to block a greater amount of the scenic vista that all are concerned about ? Councilman :Niklas said he is raising those issues because it is very important for the public to understand what the opposition entails . Mrs . Engman asked if Councilman Niklas was saying that this is an either / or situation ? Councilman Niklas responded he is saying if the present zoning remains the same and if a complex comes in that does not require variances and fulfills all the obligations of the present zoning in the Zoning Ordinance this Town Board would not even be involved in the issue . It would be exclusively the Planning Board ' s responsibility , which if it gave its approval , and under this scenario it would be hard to understand how they could not unless variances were requested and it had to go before the Zoning Board of Appeals , it could deteriorate that site considerably more than what this rezoning would . TB Minutes 1 / 13 / 94 Page 26 . Councilman Niklas said he was simply making a point of information available . Siipery i so r Wh i t comh s a id even i f the s i t e w ( . 1. 0 down zoned f rom itidusIr .ial 10 resi den I i a 1 R15 . that means oil the 27 acres in question you could have from probably 75 to 100 buildings of residential. housing which would impact the environment to a greater extent . One of the primary concerns was about the use of the pond as a drainage area . Supervisor Whitcomb asked Mr . Macera what could be done to avoid or mitigate the impact on the wetland . Mr . Noetscher said what he had described this evening was just one of the scenario ' s that has been proposed . That proposal was done very earlier on and will be investigated much more intensely as the further development is discussed .. Supervisor Whitcomb asked if the Town Board could approve the rezoning by prohibiting the use of the wetland for drainage and retention of additional storm water ? <. J Councilwoman Grigorov said as a Special Land Use District that could be done . Mr . Macera pointed out this issue as well as many others are still subject for considerable: discussion and development again as part of' the site plan which began with the initial support and guidance of staff and exchange with the Planning Board and the Town Board . Ithacare will continue to do so , there is nothing at this point and time that is definite . Ithacare is willing to work to that point of compromise that is necessary to meet the needs of the Town ' s , which is th ° public concerns , and to meet Ithacare ' s needs . Supervisor Whitcomb said that Mr . Confer raised the point that Ithacare expressed a willingness in the site. plan design to accommodaIc and enhance the wildlife habitat in the area . is that correct ? Mr . Macera responded that was correct . With regards to the project disturbing that area which would be covered by the footprint of the building and the paved and covered spaces associated with parking and sidewalks . There is very little that can be done to change that , however what is disturbed can be mitigated by involving the type of landscaping design that will add the shrubbery to add additional feeding capacity to the wildlife . every attempt will be made financially and pragmatically to compensate and enhance the habitat TB Minutes 1 / 13 / 94 Page 27 . Mr . Madison. asked if traffic coming down Route 96D would involve a great deal of left hand turns corning down two lanes of highway into the Ithacare , and if so is there .a possibility of having a turning lane ? Mr . Walker stated them is room to put a turning lane in , but the intersection with Ithaca College_: would have to be looked at . One of the improvements that is required for the facility is approval f rom the State DOT for the curb cr.rt . There shoul (in ' t be too many concerns about the left turns in the morning . The primary left turns into Itlacare will be employee ' s ueho will be leaving town . Mr . Macera said peak staff for the day is between 38 and 40 people including full - time and part - time . The majority of the time the number is less than that . Most of the employee ' s live south and will not come into the City . The issue of the worst situation is not going to occur on a day to day basis . Mr . Frantz said north of the Ithaca College entrance the normal traffic pattern on Darby Road is between 14 , 000 and 15 , 000 vehicles . South of the Ithaca College entrance towards Danby it lessen dramatically to around 6 , 000 vehicles a day . Supervisor Whitcomb pointed out a short t inre ago the Town requested a reduction of the speed limit from the State DOT for that sect ion of Darby Road . The State DOT refused , the Town Board was going to appeal that based on what occurred with Ithacare . The Town Clerk stated the Town Board decided to wait on the appeal until the numbers and statistics were available if the Ithacare facility took place . Mr . Walker said there is another potential project by King Road that would also increase the traffic . The State has been saying this portion of the highway does not nreet their criteria for vehicle trips to i u s t i f y a reduction in the speed limit . The people at the greatest risk are those who have to go to the mailbox . Councilman Niklas said the mailbox issue is definitely a serious i s sue . Mr . Walker said possibly the Post Office could be approached about having the mailboxes moved to the other side of the road because of this problem . Councilman TJiklas said lie wor.rlcl like to investigafe if the Post Office has been at:rproached conce° ruing this issue , and if they have not that the Town Board do so . TO Minutes 1 / 13 / 94 Page '18 . Councilwoman Crigorov said there was a question about the Comprehensive Plan where the sewer was already at capacity . is that a problem ? Mr . Walker said there is a pert ion of the Ttlraca sewer that starts ai the City line ahovc 11c� rri :; Ch ; rin drat w ; rs pul in Ih (:r ]. 930 ' s T is slate file sewer and T t h a c a College has be. err the primary load , along with development on t h o South T1iII This creates a s i t u a I ion when Tthaca College is 1 1 scssion that sewer is loaded to and beyond capacity al times . This has been aii existing problem . The Town is in the process of resolving that problem . There are other problems within the City sysI (. ur in forms of overload , not at the connection point because of steep gradient , but when it gets downtown . Supervisor Whitcomb noted the sewer capacity problem is an " A " category on the work plan . Mr . Walker said that project has funding and construction for correcting the problem will be done tliis slimmer . The capacity of the Town when it is completed will be able to handle any form of development on Sou tli 11 l l . The City is in the process of upgrading portions of their sewers . The Town has a commitment to work witli the City to improve shared sewers , part of that is the sewer grid which serves this area . The City does not have problems at the Aurora Street area because the grade is so steep . There is tremendous capacity even though they are small sewer lines . The problems occur when they hit the flats of the City . Councilwoman Harrison said some residents raised the issue that the building would be better accommodated on the site if the building were moved to the North . Mr . ilia cera responded the. initial site plan and work that was associated in investigating that took into consideration and recognized that the road frontage is somewhat Ii iii ited , the overlook and the topography . access to the land . and potential future development on the balance of the land would be impacted on the placement of the facility . Placing it as far south as possible takes best advantage of the land minimizing the obstacles that would create future difficulties in accessing portions of the land . Locating somewhat bellied The overlook , no one is going to build a road crossing the overlook, to get to the land , yet if the building were located further to the north its road frontage would be obstructed for purposes of developing the access balance of the land . The balance be° ing 66 . 6 acres less 27 . 5 . TB Minutes 1 / 13 / 94 Page 29 . Councilwoman Harrison asked if the balance of the site were: developed there would be anot lie r access road ? Mr . Macera said not trecessariIy , it has been discrissed that the access to the back port ion cif the land ric: eds to be protected to lake more road frontage from the northern portion subtracting from Tile access . Attorney Barney asked , why not place the building back to the west ? Mr . Macera said based on the State environmental document there have been certain con (" erns - x1 ) rrssc ( 1 on then (I IIal i f of llie environment further west from tlice current site which may increase the negative impact if it were moved . Also , the increased costs of accessing utilities if the building site were moved is a concern . Supervisor Whitcomb said it would not have to be moved much further west to drop the elevation of the building significantly . Mr . Frantz stated the end of the building is already very close to the outflow of the wetlands . T you go west / northwest the site becomes steeper . There would be a great many problems Mr . Atacera said moving tide building sit (.-. would actually alter the program and they would have to readdress whether TIhacare could make available the necessary services to the residents because: of the drop in elevation . Mr . Frantz noted another problem with shifting the building to the north is i1: will encroach significantly on the view from the overlook to the lake . They have cited the building in the best location there is on The 66 . 6 acres frorn the standpoint of the overlook view , avoiding steep slopes , avoiding wetlands and other environmentally sensitive areas . Supervisor Whitcomb asked about the lack of information concerning the Public Hearing ? Mr . Frantz responded that the Planning Board ' s policy is that all abutting property owners including those across the road from a subject parcel are to be notified , that was done . Attorney Barney asked if the posted signs made reference to this meeting ? Mr . Macera said Town staff informed him those two signs were to be installed Tin less than 14 , nor more titan 30 days hased on a schedule provided to him . TD Minutes 111. 3 / 94 Page 30 . Councilwoman Harrison asked what means are being considered for traffic based on the interge. nerational program with Ithaca College ? Mr . Macera responded the original planning of the facility as suggested by members of the community was to Incite the access to the complex furt lie r south in proximity to the access area that is currently undeveloped fields behind the residences on the east side of Danny Road . The situation presented would be one like Ca lid Iewyck Apartments on Trumansburg Road where the site would be accessed and you would have to drop a significant amount of feet tliaf would cause some seeiocls operat iona1 problems . Also , views in terms of traffic looking to the sotith would Ile. obstructed unless it were changed . It became an impossibility to relocate the access road , it provides the best views in both directions . Air . Macera said people would not be walking back and forth to Ithaca College from Ithacare . There are transportation agreements with community based organizations and discussions for arrangements with Ithaca College to provide van service . everything would be scheduled , it would not be permitted for the residents to walk . Supervisor Whitcomb asked Mr . Macera if lie cared to comment on the question of the issue raised regarding the 2 . 71 acres versus the 7 acres referred to in [ lie eAF ? Mr . Noetscher responded that one of the questions on the eAF is how much development will be considered road buildings and other paved surfaces , in the plan it represents approximately 2 . 75 acres . The 7 acres of development mentioned meant the overall area where earth would be removed and returned to its natural condition . It had been planned with land that was not a hard surface there may be some small mowed areas in front of the building , but the rest of the land would be returned to its natural condition . Ithacare does not want to maintain eight or more acres of lawn . Councilwoman . Valentino asked how may units are at the present Ithacare facility ? Mr . Macera responded they currently 7 .1 units , this would double the number of units . Therc are currently 81 residents that changes based on occupancy by residents urho have spouses , or unusual personal care needs . Councilwoman Valentino asked what kind of waiting 1 ist there is ? TB Minutes 1113194 rage 31 . Mr . Macera said there current waiting list is froin 2 to 12 individuals and the turnover can be months apart . The individuals physical and mental c- Ipabi1iIies are reevaluated . When there is a vacancy the individual at the top of the list is evaluated until an appropriate individual is chnse. n . Councilwoman Valentino said in the plans there are a number of IirIits where people can take care of themselves . what if those numbers cicangi.% ? Mr . Macera said one individual from the public questioned how the residents could be cared for with a staff of only 2 or 3 in the evening / night shift . Ithacare provides a continuum of services in various levels . Ithacare will maintain approximately 60 units in an adult care facility which require full time staff members around the clock . The assisted living units ( 20 ) and the ( 80 ) independent will make use of supporting services such as diets , dining rooms , house keeping , maintenance . Those can be scheduled and provided on an as needed basis which addresses the concerns on the level of staffing the question entertained . Councilwoman IIarrison said that part < > f the Town subdivision regulations but [a (') l necessarily part of a p r o j e c t 0 is to reserve a recreational open space°- , should that be considered with this project ? Mr . Frantz said the staff has discussed whether it is appropriate for Ithacare to set aside land as part of the rezoning or to use the Town ' s subdivision regulations of the standard 10 % set aside for open space: . The staff feels the better option is address the park and open space dedication t ]Irough the subdivision process because in this case the Ithacare site is 27 . 5 acres , the entire parcel that will be subdivided is about 67 acres . The Ithacare land may not be the best land from which to take the open space dedication maybe there are better sites in ( lie other portion of the acreage . Councilman Whitcomb asked how would we word the Special Land Use District such that it wouldn ' I be forgot trtn by a future Board that the 27 acres was supposed to be included in the 107- set aside if and when the rest of the site is dcvelope- d at a later date ? Attorney Barney responded it could be done several ways , it could be done as a Special Land Use District . There was language in the legislation that allocated a portion of this land for open park- space but after additional consideration it seemed appropriate to TB Winutes 1 / 1. 3 / 94 Pagc 32 . do it as part of the subdivision process . The thought was to do it as done in the past by the Planning Board level u; here maybe at this point we do not want the scat aside , but we also want to include the acreage that is being subdivided for purposes calculating a set asi (le. if something lia1) pe11S to the remaining acres . WhaI the Planning Board wotll (I I) robal > 1y du while approving the subdivision is have a condition Ilial if there is ally further subdivision of the 40 a (: rc1s there, be an appropriate sc I aside with the e: alculal ions based upon the original 66 acrc.hs . Collllci1wolnan IIarrisorl poirlled out if you have a big lot of 66 acres i t i s bet ter to think throi.igh wha t 107 of tha t makes the Rios t sense to preserve . It is possible that some of the land would be on the 27 acres , is there some way through the subdivision process that this 10 % set aside call be done ? Attorney Barney , yes if this Town Board feels it is an important enough iSSL1El it should be done as this Special Land Use legislation because if the Town Board chooses to pass this , once it is done that issue now becomes a Planning Board and planning staff issue and it would be decided at that level llnless by a provision of this legislation the Town Board directs diffe° renIIy . Mr . Walker said this Special Land Use District is very specific to this 1. 60 unit assisted living facility . Ithacare has come forward and said at some point in the future tliey may wish to put in a nursing home facility or single family residential . That idea is totally excluded as an allowed use in this action . The only allowed use is this 160 unit facility on the 27 acres . If they wish to modify that in the future to al low a nursing home , they have to come again before this Town Board and the Planning Board for a change in zone then there is an opportunity for a set aside . Staff has had a problem because the site leas been reviewed . There is nothing on the parks and open space plan or the Comprehensive Plan that designates any of those: areas as appropriate . The Town staff has been in touch with State Parks who oversees Buttermilk Falls State Park and there is no trail linkages . This created difficulty in saying this is an area to rec- onlmend to the Town Boa r (I to take responsibility for as a park . T may be such because Ithaca College owns the land , that once in the subdivision process and more details are known there may be other opportunities for recreational areas that are not best suited for this site , but other lands Ithaca College owns . CouncilwomanTTa- risoil asked Mr . Macera if he had a problem with the Town Board stipulating some further set hack from the wetlands so that the parr- ing would not be right next 1 o 1 t TD Minl.ltes 1113191 Page 33 . Mr . Macera responded without a through evaluation of whatever suggestion the Town Doard would offer it is difficult for him to give an answer . Mr . Macera siiggested based on a review in terms of locating the footprint now and looking at various options , that to create a set back based on the buildings current footprint would re qu i re movc, men t o f the_ hu i l d i n inns 1 l i ke 1 y nor th and wol.11 d require fill- 1 her negotiations ucith Ithaca College for additional I an (I ri' qu 1 rc' nlen t s Ml- . Nfncera feI t comfortable the parking lot could be moved because there is the balance of the lands north and south to work with . There is flexibility to work with in terms of pavement . The Special Land Use District language provides for decreasing that parking in the initial phase by up to 20T . Ithacare ' s point is to provide less parking , it costs less , it impacts less of the environment they just have to meet the Town ' s requirement for adequate parking for those that live and use the facility . Councilman Niklas said That regardless of where the parking lots are placed there are very inventive ways of taking the drainage away from parking lots and re (tirecting the output through pipes . Proximity to a wetland is not necessarily gilaranteeing that is where the run off will be directed . Mr . Macera said the }- col_lld have made, a tactical mistake at this point in time without thinking through a full site plan for the Town staff . It seemed to make sense at the present time 1' o have the run off go to the wetland as a consideration . There has no through discussion of that . Members of the public have also created discussion of possible discharge of toxins into the wetlands . 'It should be highlighted that the culvert that goes along the east side and drains the water to the west side into the pond area now represents all the salts and petroleum products from the roads . In fact Ithacare would not be adding any difficulty to the current quality of the pond . Supervisor Whitcomb asked the Doard if they had any additional questions and if they wished to act on the rezoning this evening ? Do they want to refer it , amend the language , what ? CounciI man Con Iey ,.es1: ed it what is bei11g coil sidered i : ; strictly the rezoning ? Councilwoman Ci- igorov said yes , it wol_lld then have lobe presented to the Planning Doard for subdivision and site plan approval . TB Minutes 1113194 Page 34 . Councilwoman Valentino said at point they would talk about having more specific ideas for changes in the parking lot , tree and shrub planting , regulations of the wetlands , and the open space . With all of those 'issues going to the Planning Board its the : future there should be not problem in acting this evening Cott nci Iman Kleist asked it the PIanrti. rig Board would do another SFQR ? Attorney Barney said lie suspected the Planning Board would wish to see a supplemental SEAR for the site plan and subdivision . This Sl✓ QR was designed to the rezoning . Councilman Klein said the specific concerns as raised tonight would be revisited by the Planning Board . Attorney Barney stated regardless of whet lie r the Planning Board would want a supplemental SEAR , they would review the concerns . Supervisor Whitcomb asked the Board if they were comfortable in approving the rezoning , referring it back to the Planning Board under the assumption they will in fact address the issues as raised satisfactorily ? Councilwoman Harrison asked if the Planning Board will review the elevation of the building and the overlook , based on the Tompkins County Planning Department ' s letter ? Mr . Frantz said the County Planning Department had the older version of the site plan . Mr . Frantz said he spent an hour at the overlook and a great deal of time reviewing aerial photographs to determine what the view impact would be . Mr . Frantz pointed out to the County Planner ' s that it will be blocking a portion of West Hill , but the bulk of West Hill will still be visible . Mr . Macera said the obstruction of sites as portrayed earlier by a resident is not the case from the overlook . The person would be hundreds of feet away from the building and the obstruction would be nothing but the shadow (-) f the building that it casts behind the physical structure . It iS not its front where you cannot see around it , it is at a distance . It will obstruct the foreground that portion of West IIi11 as explained . This was looked at very carefully . There. 1s not much else to be done unless you build down and t lie re are practical considerations making that impossible . Councilwoman Origorov said she appreciated Ithacare making from the very beg inrting a major concern that the view be preserved . TB Minutes 1 / 13 / 94 Page 35 Supervisor Whitcomb stated the Board appreciates Ithacare ' s willingness to work with the Town Board , Planning Board and the I , ubl is to in .in I mite the i nip act . Councilman Kle-. in asked how urgent it is that this Local Law be adopted this evening . Tf the Local Law is approved tonight a Certificate of Necessity has to be completed . Mr . Maccra said as a point of information Tthacare Center Services , to . is the applicant not Ithacare Inc . , so that a difficulty does not ari . se in the future . Mr . Macera on the matter of urgency , beginning with the original plans with the project and the discussions to the various project teams , negotiations with the College , discussions with the mortgage bankers all hinges on the Town Board ' s decision . In such cases everything lines up behind every other decision . While it may not seem that one or two month ' s delay is significant , Mr . Maces could not speak as to what that would do to the other elements . There is a significant .amount of urgency to approve the rezoning so that Ithacare can move forward with the project as it requires evidence - of control of the site . Tt begins with the rezoning and then the College can be approached for a letter saying the land will be made available to Ithacare . Councilwoman Grigorov said shc ° (lid not see what could he gained by waiting . Councilwoman Harrison agreed , the public continents were heard and discussed . Councilwoman I-Iarrison asked if the Board is considering in the Local Law that there should be an additional provision to address the :issue of roads and parking in such a way as to provide adequate set back protection to the: wetlands ? Basicly the Town Board is very concerned uAith that issue so it does not get lost in the subdivision and site plan approval . Attorney Barney said a provision could be added , however then it would substantially change the Local Law which would then require advertisement and another public hearing resulting in a delay . You could accomplish in much the same way copies of these Town Board minutes be sent to the Planning Board , Councilwoman Harrison asked if that should be clone as a separate resolution , (and whether it should include a reference to the park and open Space dedic, a1ion ? TB Minutes 111. 3191 Page 36 . Attorney Barney said he was comfortable that the park and open space dedication has already been discussed at the Planning Board and , will be included in the site plan and subdivision discussions . Supervisor Whitcomb asked the members of the public if anything has been raised during the discussion which is of additional concern , and whether they have anything new to add before the Town Board acts on the legislation . No one came forward with additional information . Motion macl ° by Councilwoman Grigorov making a negative determinat ion of Environmental Sigrii f icance. iti accordance \%ri tli the New York State Environmental Qualify Review Act for the proposed , " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) FOR THE ITIIACARE SENIOR LIVING COMMUNITY ON DAN13Y ROAD OWNED 13Y ITIIACARE CENTER SERVICES , INC . " , and therefore an Environmental Impact Statement will not be required . Seconded by Councilwoman Valentino . Councilman Niklas abstained . All others voted aye . Motion carried . Motion made by Councilman Klein , seconded by Councilman Conley tliat the Town Board does hereby approve and enact said Local Law and that the. Town Supervisor is authorized to sign the Certificate of Necessity , and the Town Clerk is authorized to file the Local Law as required by law . Councilwoman Harrison felt the proposal is an infinitely sounder use of this piece of property than an industrial oiie . While in some ways it would be wonderful to leave things as they are for the wildlife habitat , this proposal can be developed in a ura3, to accommodate nature . We are fortunate to have a developer who is sensitive to the development of this site . Councilman Klein asked on page 2 , paragraph -1A the wording in terms of the design work will be reviewed by the Planning Board shows that all improvements are shown on a final site plan . That is :really not the case , there is not a set of documents the Planning Board will be reviewing . Attorney Darney said life definition of final site plan includes such things as more than one piece of paper . It can be engineering drawings and specifications . They will be shown on any final site plan . A final site plan is an aggregation of all of those documents . Councilman Klein said l ) c• wanted to make sure. the Planning hoard has file aiithori fy to view the r is l of the dens ign as referenced . TB Minutes 1 / 13 / 94 Page 37 . Attorney Barney poirlte• d out soma things were added to be reviewed that would not normally be considered during the review process . The local law adds on to what would otherwise normally be the site plan review . The la «r is saying there are more things that are to be discussed , Mr . Walker asked if that section said " final site plans and design drawings " , e✓ ould that significantly change the legislation ? Attorney Barney said that " design drawings " can be added . Roll call vote taken , all members voted aye . with the exception of Councilman Niklas who abstained . ;Motion carried . Motion made by Councilman Klein , seconded by Councilwoman Grigorov adopting the• resolution entitled , " Review or Ithacare Rezoning " , that if Ithacare for some reason does not build on this site the rezoning would be reviewed , ( see attached ) . Councilman Niklas abstained . All others voted aye . ?Motion carried . Motion made by Councilwoman Harrison , seconded by Councilwoman Valentino that the Planning Board .ill its consideration of the subdivision and site plali review of the proposed I1Ylacare project is requested to review the design ; Ind local ion of the parking lots and drainage so as to maximize the protection of the wetlands area . Councilwoman Harrison asked if the view is adequately protected in terms of the height restriction in the Special Land Use district ? Attorney Barney said it is very well protected by the statement " the ground level at the highest point of the overlook " . Councilwoman Harrison said actually it is not , the III axa III uIII is several feet higher than that . Mr . Frantz said the maximum roof ridge elevation is 601- the peak is 607 . The upper end of the overlook I s the same height as the peak of the roof except for the center . Councilwoman Harrison asked if the plans and the schematics are now apart of this Local Attorney Barney said the plans , LS2 , LS3 are a part of the Local Law . Motion called , Councilman Niklas abstained . All other Board members voted aye . Motion carried . TB Minutes 1113194 Page 35 , Agenda Item No - Additional Amendments to SCLIWC Rules and Regulations Supervisor Whi tcomb stated the Town Board passed a resolut ion on 1211. 2 / 93 which asked that the SCLIWC revise the billing period , page 39 of their Rules and Regulations to extend the time by ten days , from 2. 0 to 30 . We requested that SCLIWC extend the time for people to pay their bills by 1. 0 days before incurring interest and penalties Bolton Point ' s ac: coui , tant has informed the Town i t will cost the Town approximately $ 5232 in lost revenue if the Town extended the payment time . No one has ever been shut off because of missing their water payment . furthermore in terms of trying to reconcile the receivables between Bolton Point and the Town it would add an eight day lag beyond the normal month end . We already have difficulty in reconciling with Bolton Point . Ms . Alario commented she would have to speak to Larry Parlett , Administrative Manager SCLIWC because when the Town is done with the last of our deposits for the month they are sent to Bolton Point with a note saying we are done for the month and requesting a trial balance . That is the cut off . so flow can Bolton Point say it would add eight days to the reconciliation process ? Supervisor Whitcomb suggested that this item be postponed until the next meeting so that Ms . Alario can get more information . Councilwoman Valentino said she would also like to know what money this is that we are losing . Mr . Walker said it is the penalty revenue . Councilwoman Valentino said that is what she is worried about . Ms . Alario felt that people who are late on the 20th of the month will still be late on the 30th . Councilwoman Valentine said that is not necessarily true as it depends on how peoples payrolls fall . A lot of poor people if they had a little more time wouldn ' t have that happen . It: is sad if the Town ga1I1S revenues from penalties instead of revenues from the rates Councilwoman Crigorov said if Vs . Alari (. ) is correct the Town would still have the revenue . TB ]Minutes 1113194 Page 39 , Supervisor Whitcomb said the revenue has to come from somewhere , even if it means raising the rates . Councilman Niklas said this is a very serious issue an (1 we need further information to ittake aii intelligent decision . Mr . Walker said part of the argument iir the loss of revenue is another issue . There is one large water user who never pays their bill . It is always paid on the taxes , Best Western . The loss of revenue from penalties for low income people is probably only 107' of the amount quoted by Mr . Parlett . The real problem is an accounting one at Bolton Point . The twenty day cut off is when they start the next billing cycle . Agenda Item No . Additional 1 - SCLIWC 1993 Budget Transfers and Amendments Motion made by Councilman NikIas , seconded by Councilwoman Valentino approving and authorizing the 1993 Budget Transfers and Amendments as adopted by file SCLIWC on January 6 , 1. 994 . Carried unanimously . Agenda Item No . 7 - Report of Tompkins County Board of Representatives Beverly Livesay said the three town residents who are on the Tompkins County Board of Representatives have agreed to schedule the attendance by one of them at the Town ' s meetings . Representative Livesay said the County Board has reorganized with a Democratic majority and they are looking to be more pro - active in solving problems , and more interactive, will-, the community and the municipalities . Ms . Livesay will be chairing the Governmental Affairs Committee which incorporates the administral iv (_• part of County government and will continue the int0rgovernmentaI duties as last year . The Committee is hoping to do much more with intermunicipal cooperation and consolidation . An issue has been mentioned in the past about consolidation of Planning Services with the County , those efforts will be under the Governmental Affairs Committee . Supervisor Whitcomb asked who is the Solid Waste Chairman ? Ids . Livesay respoiid <_ l Tlioma % Todd . TP Minutes 1 / 1. 3 / 94 Page 40 . Supervisor Whitcomb received a letter from a resident complaining about the garbage pick up and wished to refer it to the appropriate County Board Representative . Ms . Livesay said tllaI she would be happy to handle that letter . This is the issue she has spoken to the Board about before , whether the Town would like to contract for their own garbage service . Supervisor Whitcomb said the Town is still waiting to hear from the County about the Town ' s options concerning this matter . Ms . Livesay stated she raised th ," t issue after the last meeting , and found that the information was not quite ready but was about to be sent to the Town . Ms . Livesay said some of the other issues that may utilize help from the County are cable conuilission . etc . Ted Wixom is very interested in the cable commission issue and has agreed to take on the responsibility of working on coordinated services Councilwoman Valentino asked if Mr . Wixom will be calling her to be a part of those meetings ? Ms . Livesay said that she had told fir . Wixom that Councilwoman Valentino wished to be contacted about those meetings The Town Cllerk stated she would like to have a little better cooperation with the County ir] 1994 concerning one issue . In 1993 the County and Town Receivers of Taxes worked very well together in devising a new format for the tai: bill and most people are very please with the format . The County Assessment Office is responsible for name and address changes on the tax bill . The Town has a folder that we place these requests in and t lie n we forward it to the County Assessment Department , The Town assumes the changes have been made and tries to check that they have . Unfortunately . this year during the tax collection process ure:• are. finding that many of these changes are not being taken care of as thought . MrS . Noteboom asked Ms . Livesay for more cooperation between the tar collectors and the assessment office so if the assessment office has to big a work load they could at least give us the Towns forms people Could fill out about changes , People say they notified us a long time ago abOLlt thi s Cllallge and I was aSSLlled It wOUld be done . They are getting angry . ;firs . Noteboom said she does not hike to infer that the reason the r_ orrection is not done is because it is someone else ' s responsibility . This is something 11-] c other lax collectors in the Count } have merit ioncd alicl should hr. d i sc � .lsscd . TB Minutes 1113 / 94 Page 111 . Ms . Livesay said she will look jilt (-) tlliS issue and get back to the Town regarding it . Agenda Item No . 18 - L" xticndi lure for New Town TTal1 SuperviSc) r Whitcomb sai ( I this itr. m is to consider the expenditure <.) f Town funds for a Town Ila11 sl ace II ( Is assessment . Motion made by Councilman N1kIas , seconded by Councilwoman IIarrison authorizing the expenditure of not more than $ 6 , 000 in Town funds to investigate and pursue the acquisition or construction of a Town Ilan that w i I I adequately Meet the administrative and operational needs of the Town and authorizing the Town Clerk and the Town Engineer to prepare an RPP and solicit Planning and Design Services to accomplish this . Councilwoman Valentino said the prepared resolution ( see attached ) lists good reasons why the Town needs a different facility but , inefficient and costly heating and maintenance should be added . Supervisor Whitcomb proposed a further amendment to the first resolved that the funds be expended from Al 990 . 1100 , Contingent ( decrease ) ; and A1620 . 1112 Buildings - Crou rids , Maintenance ( increase ) . Councilman Conley asked if the Doard was talking about hiring someone to evaluate the suggestion made earlier , can this be hired out locally . Mr . Walker also recommended that a local architect be hired because they would have knowledge of the area . Councilman NikIas said he would feed comfortable having the architect chosen by tl ) e Town TLongi nee r and tale Town Clerk . Mrs . Noteboom said she and fir . Walker would prepare a list of needs for every department and compile the necessary information for the architect . Supervisor Whitcomb said they can use the space study that was prepared by a studerlt a f ( % w years ago . Councilman Niklas approved the awelldmerlts as stated , C_ oi.lncilwoman ITarr i son seconcle d Supervisor WI -Ii Icomb asked i f ' this could be racco ill p sllcd .for the i.1111UU11 t ) f Inoue }' i ild i Ca t ( Nd ? TB MiIiUteS .1. / 13 / 94 Page 42 . The Town Clerk said that she dial not believe the resolution referred to a specific location , she iriterrupled it as doing a needs assessment for what the needs were and what type, of building woi.ild meet those needs . Coiincilwornan Grigorov said she felt that was the best public re la 1: ions thing t do . Councilwoman Harrison said the Town has a part ici.ilar building that some of the Doard members liave substantial interest in for sale now , and she thought that we were looking specifically for whether that building could meet the Town needs . Councilman Niklas pointed out the particular building being referred to was previously discussed in Lixecutive Session . The issue is can the assessment be accomplished for the amount of money referenced in the resolution . Councilman R: lein noted lie has a conflict of interest when dealing with this issue in regards to the particular property referred to . New, York State offers many feasibility studies for community reidences and similar types of requirements the Town has and the blanket fee is a maximum of 55 , 000 . Councilwoman Harrison said Councilwoman Valentino had compared the building to constructing a new building . It is assumed that once the space needs are met i t is a question of applying the square footage needed . Councilman Klein said for instance if the building has 1. ^ , 000 square feet yet the analysis says the Town only needs 8 , 000 . The comparison can.. be made between remodeling and new construction . Supervisor Whitcomb said for the architect to see if the building in question meets the Town ' s needs they will first have to find out what those needs are . Councilman Klein said the more assistance the town staff can give the architect the less the Town wOuld have to spend . Councilman Conley called llie aic> I ion . :'III members voted the approval of Ilie mot iori w t11 1lie amendments w t11 1lie exception of Councilman Klein who ahstained \lotion carried TB Minutes 1 / 13 / 94 Page 43 . Agenda Item No 20 - Acceptance Occupational Exposure to Rabies Policy Motion made by Councilman Niklas approving the prepared resolution ( see attached ) with the following amendments . adding disposable rubber gloves to number 5 , the anagram at the end of the policy page 1 be written out to explain it , and page 3 second paragraph the word " not " crossed out . Seconded by Councilman Conley . Motion with amendments carried unanimously . Agenda Item No . 25 - Town Position on Route 13 South , Improvements Supervisor Whitcomb noted the previous Town Board approved sending a letter to Harry Carlson , dated 11 / 5 / 93 to the State regarding the Town ' s concerns about the Route 13 improvements . Councilwoman Harrison stated that she does not like the Town ' s position on this issue . Councilman Niklas asked Councilwoman Harrison what she did not like ? Councilwoman Harrison responded she has a great deal of concerns . The Environmental Management Council , League of Women Voters , and Town Planning information addressed concerns about the piece meal way this is being done and the inadequacy of the environmental analysis . Councilwoman Harrison personally has reservations of creating more four lane highway which seems to be the standard DOT design . There would be ' an opportunity to possibly develop it as a parkway which has a very different design . Councilman Niklas said the resolution has already been made without Councilwoman Harrison ' s assent , the practical question is whether there might be other means of expressing her concerns . Councilwoman Harrison said she feels the Town doesn ' t look very good in this issue . Councilman Niklas questioned if this should be an item to be addressed by the Public Works Committee to discuss reconsidering the Town ' s position . TB Minutes 1113194 Page 44 . Councilman Conley suggested that zoning is part of it They have to end up with four lanes to the top of Newfield Hi11 to the road past the airport . WhaI t lie, Y are doing is taking a piece and extending the four lane a little: furthers then it stops again , and that will be another project in ihc- future . Supervisor Whitcomb pointed out thet Doard 1n their letter expressed concern they had not looked at the corridor in a whole . Councilman Conley said if we havr� a letter , and we do something to greave this and it stops I lie re and is never finished it will be a tremendous mess . Councilman Niklas said this Town Board as a majority has changed since the previous resolution was passed . if the same Town Board sent a different message in another resolution it would look absurd with the new Town Board . Councilman Niklas suggested the new members who are interested and concerned about this meet in the context of the Public Works Committee and draft a position to be presented to the Town Board that can be discussed . tt Councilman Conley risked why this item was placed on the agenda ? The Town Clerk responded that a Town Board member asked that it be put on the agenda . Councilman Conley asked who ? Town Clerk answered , Ellen Harrison . Air . Walker said DOT has been funded for the design process and it is underway . The design review process included a public hearing last fall . Councilman NiA las asked if there is no opportunity from now to ever to make any influence on any stage of the process ? Air . Walker said the Towri can always make comment but that lie did not think that DOT will, change their position . the official comment period is over . Some of the comments in the presented material are consistent with Councilwoman Harrison ' s feelings as far as the wetlands are concerned . The State went through the official review process , and they are still proceeding with the design . Mr . Walker is keeping in touch with llle engineers on the project about intersection details . Councilwoman IIarrisou asked if they are bas icIy ignoring the collllllell I s ? TB Mint.ltes 1. 113 / 9 -1 P a g .e 4 5 . Councilman Niklas reiterated that the time frame for comments has passed , they did not ign () rc them . Councilwoman Harrison said they received the comments within the time: frame allowed , arld they are proccc ( ling as planned even after the cotnmcn t s . Mr . Walker said the design is proc (° eding , one of the engineers asked about the flood plain because; he had asked about tile design of the road as the pt- c % .' nt road floods now . S lI 1) r V i S O l" Wil l t C U 1 1 1 l ) d ; l 1 1 h e' \V I . U t a I t I t i r l c ) t l i e 111 fl ( I I" L 11 g t lie comment period that said the complexion of the Town Board would be changing and. that after the first of the year the new Town Board may have add i t i ona 1 colnmen t s . Since the road is in the Town of Ithaca , if the Town had said that we did not want a four lane highway the S t a t c might have considered other options . Councilman Klein asked i f the Town , llas veto power over the project ? St.lpel" v1 sor Wh i t comb s i d no , ul ( • don ' t . Councilwoman Iarrisoil asked why the: Metropolitan Planning Organization hasn ' t taken more of an interest in this ? Mr . Walker said tie MPO is in its developmental stages and this project was approved prior to that . DOT and the MPO have an adversarial relationship at the moment . Supervisor Whitcomb said the suggestion made by Councilman Niklas that whoever wishes to review this issue and suggest another resolution at t 'ae next Town Board meeting may do so . Agenda Item No . 2. 6 - Cayuga Inlet Trail Mr . Frantz stated the Town Board received a memorandum from 11im . In 19 £33 the Town signed a Tri - Partied Agreement for the construction of the trail using Cass Park and Buttermilk Falls State Park . The City 11115 COM III it1E' d to the acc u i S i t i o n ( f 1 � the lailcl between the octopus and the fish ladder at the southern end of the flood control channel . This area is just inside the Town of Ithaca . The State owns the former railroad grade that extends front that to the southern end of the City . State Parks owns from the fish ladder to Stone Quarry Road . It is a vision in the future that the South IIill Recreationway can be extended to meet the area . TO lit i n u l e s 1 / 13194 Page 4 ( , The Stale Is looking for a strip across the Sheldrake parcel to locate the trail . The State is asking that the Town reaffirm their commitment in 1983 to assist tl ► e State in securing the easements from property owners for the trail Councilwoman Ci r gorov said that was general land . Councilman Conley asked how they plan on crossing Route 13 ? MY . Frantz said they plan tl , at the t r i 1 W 1 1 cont in ► ie s01.1thward along the 1 1.1 1e t wi th a 1 > ridg ( • i- c1) 1ae anent over 11 ► c inlet including a d d i t i o n a 1 length . The I rai l w 1 I cvi. nlIIaI I go on to the Robe rt Treman State Park following the inlet with a segment going bacl: to Buttermilk Falls State Park . It is across the inlet on the east side of Route 13 . Councilwoman Valentino said the State is saying they may request assistance of the Town to acquire permission of property owners , why doesn ' t the Town tell the State° that we will honor our commitment of 1983 . Councilwoman I-Iarrison asked what about the master plan that tiers Ili ggins brought up ? Councilman Niklas said it should not be aciclresse- cl within the same document . The Town shout d r c a f f i rm ttie i r c. oinmi teent to get the easements in one letter , and then deal with supporting the City in another . Councilwoman Harrison said that is not what she meant , the State has said they will complete a master plan and they have not done so , that has nothing to do with the issues related to the City . Councilman NTiklas felt his concern was still appropriate they are two separate issues . Councilwoman Harrison said she doesn ' t agree they are both a matter of whether the Town is living up to what they said they would do . Councilman Niklas said no , the issue before us is whether or not the Town Board will reaffirm the COMM itme " t to help to secure easements . We cannot re- negc on the previous agreement , it would be morally and politically incorrect to clo . The issue however , of where the easement is in terms of Ilie tri - partied agreement and the need for a master plan should be raised in a separate letter Councilman Conley said the third issLie is asking the State to do the master pla , wl ► ich is a figl ► t Ihat is between the, State and the City . TB Minutes 1. 113194 Page 47 . Mr . Frantz said the State hopes to have the budget for this trail during the State 1994 - 1995 fiscal year . Mr . Walker added they have appl ied through the 11PO for an ISTT7, A Grant to do part of the work . blot 1. o1-1 u in by Spery i s o r Wh i 1 comb t ha t I lie Town of I thaca communicate with the State of New York and the City of Ithaca to reaffirm the Town of Ithaca ' s commitment to the 1983 Agreement r e g a rd i n the , ccrlu i s i I i on ( ) f e' n s omen I s . Scc, onded by Couric. i 1 man Conley . Carried unanimously Supervisor Whitcomb instructed Mr . Frantz to draft a letter for his signature . Adjournment : As there was no further business to come before the Town Board Councilwoman Valentino entertained a motion to adjourn , seconded by Councilman N :iklas . Carried unanimously , The Supervisor adjourned the meeting at 10 : 01 p . m . Pespcclfully submitted , Joan Len t No t eboom Town Clerk * ''' Next Regular Mooting - February- 7 , 1. 991 , 5 : 30 p . m . * * * FINAL Town Board Meeting 1 / 13 / 94 Agenda Item No . 3 Five Star Equipment - Payment of Claim Resolution No . 9 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the payment to Five Star Equipment , Incorporated , PO Box 1448 , Scranton , Pennsylvania 18501 the sum of $ 16 , 382 . 87 in satisfaction of the claim by Five Star Equipment , Incorporated for damage to the backhoe loaned to the Town and arising out of the accident that occurred August 20 , 1993 , said sum to be paid upon receipt of appropriate releases in a form satisfactory to the Attorney for the Town of Ithaca . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : January 13 , 1994 •� // (.trIQNL� rr�. Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 1 / 13 / 94 Agenda Item No . 5 Recognition of the New York State ' s Scenic Road Designation Forest Home Drive Resolution No . 10 WHEREAS , in recognition of the significant achievement of Forest Home Drive being designated a New York State Scenic Road , the first such designation outside of the Hudson River Valley ; and WHEREAS , in recognition of the efforts by the New York State Department of Environmental Conservation , the Town of Ithaca Conservation Board , and the Forest Home Improvement Association ; now therefore be it RESOLVED . that the Town of Ithaca Town Board does hereby acknowledge the designation of Forest Home Drive as a New York State Scenic Road as an important step to preserve and enhance the natural and historic beauty of the community . The Town Board does also gratefully acknowledge tale efforts on the part of many individuals including those from the New York State Department of Environmental Conservation , the Conservation Board , and the Forest Home Improvement Association . MOVED : Councilman Niklas Carried Unanimously , SECONDED : Councilman Klein DATED : January 13 , 1994 CIO n I , -�f Voan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 9 SEQR - Local Law # 1 of the Year 1994 Special Land Use District - Ithacare Center Services , Inc . Resolution No . 11 WHEREAS , the Town Board has received an application to rezone a portion of Town of Ithaca Tax Parcel No . 39 - 1 - 1 .; . 3 , located on the west side of Danby Road approximately 2 , 000 It . south of the entrance to Ithaca College , from Industrial District to Special Land Use District , to allow construction of a 115 , 000 sq . ft . building with 60 adult care units , 20 assisted living units , and 80 independent living units ; and WHEREA :i , the Town Board on October 4 , 1993 referred said application to the Town of Ithaca Planning Board for their recommendation pursuant to Town of Ithaca Zoning Ordinance , Article IX , Section 46 , no . 1 ; and WHEREAS , the Planning Board , at a Public Hearing on December 28 , 1993 reviewed the draft Special Land Use District No . 7 legislation proposed for the site and the attached Schedule A description of the land to be rezoned , a Long Environmental Assessment Form Part I prepared by the applicant , a Part II prepared by the Town planning staff , a preliminary site plan entitled " Ithacare Center , Ithaca , New York " prepared by L . Robert Kimball Associates , Architects and Engineers , Inc . , dated October 49 1993 , and. other application materials ; and WHEREAS , the Planning Board on December 28 , 1993 did recommend to the Town Board that it enact , with specific modifications , the draft Special Land Use District No . 7 legislation proposed for the Ithacare site ; 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 January 13 , 1994 regular meeting , has reviewed the proposed Local Law , and the Full Environmental Assessment Form prepared by the Assistant Town Planner ; and WHEREAS , the Assistant Town Planner has recommended a Negative Determination of Environmental Significance and for the proposed action ; now therefore be it F1 - AL TB Res . No . 11 1 / 13 / 94 Page 2 . RESOLVED , that the Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) FOR THE ITHACARE SENIOR LIVING COMMUNITY ON DANBY ROAD OWNED BY ITHACARE CENTER SERVICES , INC . " ; and therefore an Environmental Impact Statement will not be required . MOVED : Councilwoman Grigorov SECONDED : Councilwoman Valentino Vote : Supervisor Whitcomb Aye Councilwoman Valentino Aye Councilman Niklas Abstain Councilman Klein Aye Councilwoman Grigorov Aye ( Councilwoman Harrison Aye Councilman Conley Aye Motion carried . DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk eE �. •, r !t ,n. Town Board Meeting 1 / 13 / 94 Agenda Item No . 9 Enactment Local Law # 1 of the Year 1994 Special Land Use District - Ithacare Center Services , Inc . Resolution No . 12 WHEREAS , the properly advertised Public Hearing has been held for the purpose of considering the enactment of Local Law # 1 of the Year 1994 , a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) FOR THE ITHACARE SENIOR LIVING COMMUNITY ON DANBY ROAD OWNED BY ITHACARE CENTER SERVICES , INC . " *, now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and enact said Local Law ; and be it further RESOLVED , that the Town Supervisor is hereby authorized and directed to sign the Certificate of Necessity related to the said Local Law ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to file said Local Law as required by law . MOVED : Councilman Klein Roll Call Vote SECONDED : Councilman Conley Supervisor Whitcomb Aye Councilwoman Valentino Aye DATED : January 13 , 1994 Councilman Niklas Abstain Councilman Klein Aye Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Aye Motion Carried Joan Lent Noteboom , '' own Clerk FINAL Town Board Meeting 1 / 13/94 Agenda Item No . 9A Review of Ithacare Rezoning Resolution No . 13 WIIEREAS , the Town of Ithaca has just adopted a local law rezoning certain lands on Route 9613-Danby Road from Industrial to Special Land Use District Number 7 ; and WHEREAS , such rezoning was at the request of Ithacare Center Services , Inc . in order to permit Ithacare:, Inc . , a not-for-profit corporation , to construct a facility that would provide assisted care for principally the elderly of the community ; and WHEREAS , the Ithacare proposal will require significant financing from several sources which financing its not totally assured and , as a result , the project may not be able to be commenced ; and WHEREAS , the Town will shortly begin the process of implementing its Comprehensive Plan which will , among other items , entail a significant review and probable revision of the Town ' s Zoning Ordinance ; and WHEREAS , the Ithacare proposal is clearly in conformance with the Comprehensive Plan , but if Ithacare is unable to proceed with its project , different proposals from different groups utilizing the same land area for other quasi- multi -family uses may not be as appropriate nor as consistent with the goals and objectives of the Town ' s Comprehensive Plan ; NOW , THEREFORE, it is RESOLVED that if Ithacare Center Services , Inc . has not commenced construction in a substanti;�l manner pursuant to a validly issued Town of Ithaca building permit by February 1 , 1996 , the Town Board review the status of the entire proposal and consider whether to continue the zoning of such area as a special land use district or whether such area should be rezoned back to an industrial district or to another type of district compatible with the directions and intent of the Comprehensive Plan ; and it is further RESOLVED that nothing in this resolution , nor in the action rezoning such land to Special Land Use District Number 7 , shall preclude the Town from considering at any time the appropriateness of the current zoning and , in particular, the possibility even if construction has begun , of zoning the area into some type of institutional zone or district as part of the overall revision of the Town ' s Zoning Ordinance . MOVED : Councilman Klein Abstentia : Councilman Niklas All Other Members : Aye SECONDED : Councilwoman Grigorov Motion Carried DATED : January 13 , 1994 _ J Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 9 Ithacare Rezoning Resolution No . 14 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests that the Town of Ithaca Planning Board in its consideration of the subdivision and site plan review of the proposed Ithacare project review the design and location of the parking lots and drainage so as to maximize the protection of the wetlands area . MOVED : Councilwoman Harrison Vote SECONDED : Councilwoman Valentino Supervisor Whitcomb Aye Councilwoman Valentino Aye DATED : January 13 , 1994 Councilman Niklas Abstain Councilman Klein Aye Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Aye Motion carried . C �' -k,— Jo n Lent Noteboom , Town Clerk s I F1 d PAL Town Board Meeting 1 / 13 / 94 Agenda Item No . 10 Town Board Meeting Minutes - 12 / 30 / 93 Resolution No . 1. 5 WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the year end meeting held on December 30 , 1993 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved said minutes as written ;; now therefore be it RESOLVED , the Town Board does hereby approve and adopt said minutes as the official minutes of the Town Board for the year end meeting held December 30 , 1993 . MOVED : Councilwoman Valentino , SECONDED : Councilman Niklas Carried Unanimously DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk F1 O Town Board Meeting 1 / 13 / 94 Agenda Item No . 11 Town Board Meeting Minutes - 1 / 3 / 94 Resolution No . 16 WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the reorganizational meeting held on January 3 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved said minutes as written ; now therefore be it RESOLVED , the Town Board does hereby approve and adopt said minutes as the official minutes of the Town Board for the reorganizational meeting held on January 3 , 1994 . MOVED : Councilwoman Harrison SECONDED : Councilwoman Grigorov Carried Unanimously DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 12 Town of Ithaca Warrants Resolution No . 17 WHEREAS , the abstracts with the following numbered listing of vouchers have been presented to the Town Board for approval of payment ; and WHEREAS . said abstracts have been audited for payment by the Town Board , now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the abstracts . General Townwide Vouchers : No . 1 to 39 $ 45 , 707 . 41 General Outside Village Vouchers : No . 1 to 15 16 , 776 . 05 Highway Vouchers : No . 1 to 13 26 , 712 . 72 Water & Sewer Vouchers : No . 1 to 16 376 , 811 . 80 Capital Projects Vouchers : No . 1 to 2 22 , 105 . 57 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : January 13 , 1994 QM00Y0J J) " / CItJ rr/"% Joa Lent Noteboom , Town Clerk F1�1R L Town Board Meeting 1 / 13 / 94 Agenda Item No . 13 Bolton Point Warrants Resolution No . 18 WHEREAS . the abstract with the following numbered listing of vouchers for Bolton Point have been presented to the Town Board for approval of payment ; and WHEREAS , said abstract has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board hereby authorizes the payment of said vouchers as numbered and listed on the abstract . Operating Fund Vouchers : No . 773 - 778 $ 55 . 239 . 14 No . 1 - 66 123 . 033 . 27 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : January 13 , 1994 Joan Lent Noteboom . Town Clerk j; Town Board Meeting 1 / 13 / 94 Agenda Item No . 14 1994 Town of Ithaca Priorities Work / Plan Resolution No . 19 WHEREAS , the Town Supervisor has compiled a 1994 Priorities Work / Plan for the Town of Ithaca by reviewing recommendations from the Town ' s Department Heads and staff ; and WHEREAS , the Town Board has reviewed the said 1994 Priorities Work / Pl `an for the Town of Ithaca and approves the said plan as amended during the review ; now therefore be it RESOLVED , the Town Board hereby authorizes the Town of Ithaca Supervisor , Department Heads , and employees to implement the 1994 Priorities Work / Plan for the Town . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 16 Official Delegate and Alternate Delegate NYS Association of Towns Annual Meeting Resolution No . 20 WHEREAS , the NYS Association of Town Annual Meeting will be held on February 20 - 23 , 1994 in New York City ; and WHEREAS , the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at said meeting ; and WHEREAS , it is necessary for the Town Board to appoint an Official Delegate and Alternate Delegate who have voting rights on behalf of the Town of Ithaca at said meeting ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints the following individuals as the Official Delegate and Alternate Delegate at the NYS Associations of Towns Annual Meeting . Official Delegate : Councilwoman Carolyn Grigorov Alternate Delegate : Councilwoman Catherine Valentino MOVED : Councilman Klein Carried Unanimously SECONDED : Councilman Niklas DATED : January 13 , 1994 � Q"" I-rx+0 'Pttmpy%� Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 17 Cable Television Rate Regulation Resolution No . 21 WHEREAS . there has been recent changes in federal law concerning cable television rate re - regulation and certain related decisions that the New York State Commission on Cable Television believes should be made by local governments ; and WHEREAS , the federal government forbids rate setting methods different than the complex system it has established ; and WHEREAS , given the complexity , difficulty and expense of complying these federal rate setting rules ; now therefore be it RESOLVED . the Town Board of the Town of Ithaca hereby directs the New York State Commission on Cable Television to undertake rate regulation for the Town of Ithaca in compliance with federal law as implemented by the Federal Communications Commission ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution along with the Municipal Options form provided to the New York State Commission on Cable Television . MOVED : Councilman Conley Carried Unanimously SECONDED : Councilman Niklas DATED : January 13 . 1994 (L' 1A w ", Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 18 Authorization of Expenditure Town Funds - Town Hall Resolution No . 22 WHEREAS , it has been realized over the last several years that the Town Hall facility does not meet the needs required for the efficient administrative operation of the Town of Ithaca ; and WHEREAS , it has been determined by the Town Board , Department Heads , and Staff that the following problems , among others , exist within the present Town Hall : 1 . Overcrowded working conditions . 2 . Inefficient building layout , making it difficult to serve the public in the most efficient manner possible 3 . Non - conformance with Americans with Disabilities Act ( ADA ) requirements . 4 . Inadequate records management facilities . 50 Indoor air quality complaints from staff . 69 Inadequate parking facilities for the public and staff . now therefore be it ; RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and approves the expenditure of Town funds by the Town Supervisor not to exceed $ 6 , 000 in order to investigate and pursue the acquisition or construction of a Town Hall that will adequately meet the administrative and operational needs of the Town of Ithaca , and be it further RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the Town Clerk and the Town Engineer to prepare an RFP and solicit Planning and Design Services to accomplish this . MOVED : Councilman Niklas SECONDED : Councilwoman Harrison AMENDMENTS : Addition to the second WHEREAS : 7 . Inefficient and costly heating and maintenance . Addition to the first RESOLVED : After , " not to exceed $ 6 , 000 " , from accounts A1990 . 400 , Contingent ( decrease ) ; and A1620 . 412 Buildings Grounds , Maintenance ( increase ) . Town Board Meeting 1 / 13 / 94 Agenda Item No . 19 Water and Sewer Refund - Account # v - 3356 Resolution No . 23 WHEREAS , it has been determined that a refund is due on the water and sewer billing of the property located at 246 Sapsucker Woods Road , Account # v - 3356 , as there was a change of ownership which resulted in a credit amount ; and WHEREAS , the amount of the refund should be $ 30 . 19 for water , $ 4 . 58 for water surcharge , $ 53 . 93 for sewer , $ 2 . 10 for sewer surcharge , for a total refund of $ 90 . 80 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $ 90 . 80 be . made to the owners of the property located at 246 Sapsucker Woods Road , Account # 3356 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : January 13 , 1994 Q�6 'vvl A ln,+AQrlw%� Joan Lent Noteboom , Town Clerk i s, 'na Town Board Meeting 1 / 13 / 94 Agenda Item No . 19 Water Billing Refund - # u - 3210 Resolution No . 24 WHEREAS , it has been determined that a refund is due on the water billing of the property located at 606 Winston Ct . - 1 , Account # u - 3210 , as there was an erroneous double credit on the 12 / 93 quarterly billing ; and WHEREAS , the amount of the refund should be $ 31 . 36 for water ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $ 31 . 36 be made to the owner of the property located at 606 Winston Ct . - 1 , Account # u - 3210 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk I a� `as Town Board Meeting 1 / 13 / 94 Agenda Item No . 20 Occupational Exposure to Rabies Policy Acceptance Resolution , No . 25 WHEREAS . the Public Employee Safety and Health Bureau ( PESH ) has recommended guidelines for Towns to use in regards to exposure to rabies ; and WHEREAS , the Town of Ithaca Highway Department does have occasion to come in contact with potentially rabid animals , and the . Highway Department has created a policy to follow ; now therefore be it RESOLVED , that on the recommendation of the Public Works Committee . the Town of Ithaca Town Board does approve the Occupational Exposure to Rabies policy which shall be in effect immediately . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk t 1 ®ra Town Board Meeting 1 / 13 / 94 Agenda Item No . 21 Appointment of Edward Merrick as Highway Laborer Resolution No . 26 WHEREAS , the recent promotion of Brian Barry has left a highway laborer position vacant ; and WHEREAS . over sixty applications were received during the year and reviewed for laborer and driver positions ; and WHEREAS , the search committee interviewed seven candidates and feels Edward Merrick possesses the skills and experience necessary to successfully perform the duties of highway laborer ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the appointment of Edward Merrick as full - time highway laborer with a salary of $ 6 . 50 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 . ' MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 22 Status / Salary Change - Richard Tenkate , Highway Laborer Resolution No . 27 WHEREAS , Richard Tenkate was appointed Highway Laborer on July 6 , 1993 ; and WHEREAS . Mr . Tenkate has completed his six - month probationary period in a satisfactory manner ; and WHEREAS , at the time of his employment the Town agreed to consider a salary increase upon successful completions of the probationary period ; now therefore be it RESOLVED . the Town Board of the Town of Ithaca does hereby approve the regular employment status of Richard Tenkate with a salary increase from $ 6 . 00 to $ 6 . 50 per hour , retroactive to January 6 . 1. 994 . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 23 Status / Salary Change - Louise Raimondo , Planner I Resolution No . 28 WHEREAS , Louise Raimondo was appointed Planner I on July 12 , 1993 ;. and WHEREAS , Ms . Raimondo has completed her six - month probationary period in a satisfactory manner ; and WHEREAS , at the time of her employment , the Town agreed to consider a salary increase upon successful completion of the probationary period ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the regular employment status of Louise Raimondo with a salary increase from $ 22 , 000 to $ 23 , 500 per year , effective January 12 , 1994 . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk I � ar' •S Town Board Meeting 1 / 13 / 94 Agenda Item No . 24 Employment Extension - Inlet Valley Archaeological Survey Project Resolution No . 29 BE IT RESOLVED , that the period of employment for Sue Pacek and Kathleen Quinn as temporary part - time employees of the Town be extended from January 31 . 1994 to March 31 , 1994 . provided however , that the original number of hours authorized of 200 hours each . and the original total cost of employing them of $ 4 , 500 not be exceeded . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : January 13 , 1994 Joan ent Noteboom . Town Clerk Town Board Meeting 1 / 13 / 94 Agenda Item No . 26 Cayuga Inlet Trail Resolution No . 301 BE IT RESOLVED , that the Town of Ithaca is to communicate with the State of New York Office of Parks , Recreation and Historic Preservation and the City of Ithaca to reaffirm the Town of Ithaca ' s commitment under the 1983 Tri - Partied Agreement for the building of the Cayuga Inlet Trail regarding the acquisition of easements . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilman Conley DATED : January 13 , 1994 r Joan Lent Noteboom P 140 p � Y Town Board Meeting 1 / 13 / 94 Agenda Item No . 27 Ethics Board Member Appointment Resolution No . 31 WHEREAS , there presently exists a vacancy on the Town of Ithaca Ethics Boards and WHEREAS , Earl Thomas , 101 Park Lane possesses the necessary qualifications and has expressed an interest in serving on the said Ethics Board ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints Earl Thomas „ 101 Park Lane to serve as a member of the Town of Ithaca Ethics Board for a term of office retroactive to January 1 , 1994 through December 31 , 19980 MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Karl Niklas DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk I r Town Board Meeting 1 / 13 / 94 Agenda Item No . Additional # 1 SCLIWC 1993 Budget Transfers and Amendments Resolution No . 32 WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) adopted the attached resolution at their meeting held on January 6 , 1994 approving the 1993 SCLIWC Budget Transfers and Amendments ; and WHEREAS , the SCLIWC has requested the Town Board of the Town of Ithaca review and approve said budget transfers and amendments ; and WHEREAS , the Town Board of the Town of Ithaca has discussed and reviewed the said budget transfers and amendments ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves and authorizes the 1993 Budget Transfers and Amendments as adopted by the SCLIWC on January 6 , 19946 l MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : January 13 , 1994 Joan Lent Noteboom , Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION FINAL I , Joan Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( See Attached ) Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca St . Ithaca , NY 14850 Date of Posting : December 30 , 1993 Date of Publication ;: January 3 , 1994 To Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOY& KINS ) SS : TOWN OF ITHACA ) worn to and subscribed before me this day of LEAH B . CARPENTER Notary Public, State of New York Qualified in Tompkins Co. Wo. 4797177 N terry Pub is qty Commission Expires April 30, 1 q TOWN OF ITHACA PUBLIC NOTICE PLEASE TAKE NOTICE , that the Town of Ithaca Town Board will hold a PUBLIC HEARING , Thursday , January 13 , 1994 at 7 : 00 p . m . at the regular meeting of the Town Board to consider a request to rezone 27 . 5 + J - acres of Town of Ithaca Tax Parcel 39 - 1 - 1 . 3 , located on the west side of Danby Road approximately 2 , 000 fte south of the entrance to Ithaca College , from Industrial District to Special Land Use District , to allow construction of a 115 , 000 s . Nft . building with 60 adult care units , 20 assisted living units , and 80 independent living units , with a maximum of 180 residents . Ithacare , Inc . , Applicant ; Mark Macera , Agent , and PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all citizens shall be afforded the opportunity to voice their approval or opposition to the said rezoning . Joan Lent Noteboom Town Clerk January 3 , 1994 - ,33F, . .' 70WN'Of,{ITHACA :r I'�`'?�'�PUBLIC �NOTICES.•=_�•• PLEASE' ;TAKE+aNOTICE; t `thatthe Town;ofAtliaca Town Boo�diwilla_hold,>ta;^P.UBLIC 4 HEARING;''Thursday;1'Jan ta,Q94�atr7: 9 pp.M.. at�}fi'e r rineeting or'.thel� nTown BoardNto`j aconsiderga;- request to rezone`;:27 �ac�es+ of Townrof�lthaca'Taz y� r " li 39 1 li 3 jocated7oni the west's+de o(,Danby Road - LaPProzimately 2 ,000r ,fi = '� I south" of 'fhe entrance° ,,tor Ithaca tCollegerom' Indus= . ,` tnal;DiWict t o4Sp e iaRan d ,a zUse ;DistncttoZ`..al�ow rcori ,+� struchonjof a;+l 15;000 'sq butlding,�with;,60 adult<cdre';. , 20 {"."uriits�� :dssistedsliving unit gnd ,80keindependent . livings i! a funds with'a'maximumi'of;18�4��+�y �residehis Othacare lnc Ap, s jphcant,;NlarkiMacera A9en1 Via+ Ond 'F'd �PLEAW7 TAKE°L FURTHER N O T;h C E; ;' a t t h 'e'i OF aforementioned. . hme �pplaceyall;`citizens sfi611b'e*8f•,�;; Forded .the A,o"pportundy zto r `t ('voice their approvaltoroppo ;„ rsd+onrta,the�sa+d-rezoning - +?- .� 1oan�lertt Noteboom� , 'a , `� sr-� �Jarw&ry' J3 IYY4 ;0 tt