HomeMy WebLinkAboutTB Minutes 1993-03-07 OF 1 T`-
TOWN OF ITHACA
o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting
March 7 , 1994
AGENDA
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Town Officials
a . Town Supervisor
b . Town Engineer - Engineering / Planning
c . Town Highway Superintendent
d . Town Building Inspector / Zoning Officer
e . Towr. Clerk / Receiver of Taxes
49 Review of Correspondence .
a . NYS Office of Mental Retardation / Developmental Disabilities
b . Liese Bronfenbrenner
c . Lisa. K . Thompson
5 . Report of Town Committees .
6 . Report of Tompkins County Board of Representatives .
a . Downstream Forest Home Bridge
7 . 6 : 15 p . m . - PERSONS TO BE HEARD ,
8 . 6 : 30 p . m . - Presentation by Michael B . Stamm , President ,
Tompkins County Area Development , Inc .
99 7 : 00 p . m . - PUBLIC HEARING : To consider a Local Law rezoning
certain properties amount to approximately 5 . 8 acres along
Ridgecrest Road from Residence District R - 30 to Residence
District R - 15 , and adjusting the official Zoning Map
accordingly .
10 . Consider SEQR related to a Local Law rezoning certain
properties amounting to approximately 5 . 8 acres along
Ridgecrest Road from Residence District R - 30 to Residence
District R - 15 , and adjusting the official Zoning Map
accordingly .
11 . Consider enactment of a Local Law rezoning certain properties
amounting to approximately 5 . 8 acres along Ridgecrest Road from
Residence District R - 30 to Residence District R 715 , and
adjusting the official Zoning Map accordingly .
12 . Consider- resolution approving and / or authorizing the following :
a . Town Board Meeting Minutes - February 7 , February 11 ,
February 24 , 1994 .
b . TOWN OF ITHACA WARRANTS
c . BOLTON POINT WARRANTS
TB Agenda 3 / 7 / 94 page 2
12 . Continued :
d . Ratification of Interim Report - SARA Archival Grant .
e . Progress report Inlet Valley Archeological Survey .
f . Authorization to participate in Cornell Summer CIVITAS
Program .
g . Bid acceptance , Highway Roadside Hower .
h . Appointment of member to the Conservation Board .
i . Updated job description for Parks / Grounds Assistant .
j . Updated job description for Secretary to the Building / Zoning
Department .
k . Appointment of Julie Bunn as temporary part - time employee .
13 . Consider setting Public Hearing to discuss extension of Town
Supervisor ' s Term of Office for future terms .
14 . Consider agreement between the Town of Ithaca and Tompkins
County regarding operating expenses for transportation and
human services .
15 . Consider procedure of payment to Tompkins County for election
expenses .
16 . Consider review of Benefit Tax Assessment Exemption , Tompkins
County property .
17 . Consider Benefit Tax Assessment Exemption , Ernest Hardy .
18 . Consider approval of Interviewing Committee for selection of
Planning Board Members .
19 . Consider participation in County Cable Commission .
20 . Consider authorization for Attorney for the Town to
investigate the deficiencies in franchise payment from American
Community Cablevision ,
21 . Consider the Town ' s position regarding the class action brought
by Consolidated Rail Corporation against the State Board of
Equalization and Assessment , et al .
22 . Consider establishment of Town Park and Open Space Acquisition
Trust Fund .
23 , - Consider appropriate payment regarding " In Lieu. of Park Land " ,
for Little Subdivision .
24 . Consider proposing a Local Law authorizing payment for
moving expenses for new out of Town employees .
25 . Consider EXECUTIVE SESSION .
26 . Consider ADJOURNMENT .
Town Board Meeting
March 7 , 1994
Agenda Additional
1 . Consider appointment of Part - Time Account Clerk / Typist
Town of Ithaca FINAL
Town Board Meeting Minutes
March 7 , 1994
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York , there were :
PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino ,
Councilwoman ; David Klein , Councilman ; Carolyn Grigorov ,
Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley ,
Councilman .
EXCUSED : Karl Niklas , Councilman
ALSO PRESENT : Joan Lent Noteboom , Town Clerk / Receiver of Taxes ;
Daniel Walker , P . E . , Town Engineer ; Fred Noteboom , Superintendent
of Highways ; Patricia Punger , Personnel Director ; .Andrew Frost ,
Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ;
George Frantz , Assistant Town Planner ,
Craig Martin ; Jack Little ; Amy Little ; Randy Brown , Citizens
Savings Bank ; William Rich ; Cheryl Baker ; Michael Stamm , Tompkins
County Area Development , Inc . ; Tim Joseph , Tompkins County Board of
Representative= s .
Call to Order :_ The Supervisor called the meeting to order at 5 : 30
p . m . , and led the assemblage in the Pledge of Allegiance .
Agenda Item No . 3 - Report of Town Officials :
a . Town Supervisor ' s Report - Supervisor Whitcomb added an
additional item to the agenda , to consider the appointment of a
part - time account clerk typist . The Town ' s independent auditors
will be arriving on March 21 . Supervisor Whitcomb will be on
vacation the :Last two weeks of March , Councilwoman Valentino will
be handling all Town business during that time .
There have been calls about the new water rates . The difference is
now there is a minimum charge . People who use very little water
are upset because the minimum charge is for 10 , 000 gallons a
quarter . It :impacts the hardest on the elderly . This will be an
item to review during the budget process for 1995 . The rates were
decided last year during a public hearing and budget process .
Councilwoman Grigorov asked how much money does this involve .
Mrs . Noteboom responded it depends on the billing , for most people
it averages an increase of $ 5 . 00 to $ 8 . 00 per quarter .
.t Councilman Conley asked if there were an estimate of how much that
would cost the Town if it were changed ?
TB Minutes 3 / 7 / 94
Page 2 .
Ms . Alario said Mr . Walker should have those numbers from his
calculations while preparing the budget for 1994 .
Mr . Walker said he did not have those numbers in a gross manner ,
the increase is generally $ 4 . 00 to $ 5 . 00 per account: .
Councilman Conley asked if the numbers of how many people use the
minimum amount were available ?
Mr . Walker and Ms . Alario said they would look into finding those
amounts .
Supervisor Whitcomb mentioned the Town has received between 45 and
50 resumes fo :r the Town Planner position . Those Board members on
the screening committee will find those resumes in their mailbox .
Mrs . Punger has screened them and given resumes of the top
qualified candidates to the selection committee . Any Board member
is invited to review all of the resumes .
The Town newsletter will be going out in early April .
The Joint Sewer Agreement and the Fire Contract are both scheduled
for renegotiation this year . The Supervisor has meetings with the
City Mayor and Fire Chief regarding those contracts .
Supervisor Whitcomb commended the Highway Department for the
terrific job they have done this winter despite the complaints
received regarding mailboxes and plugged driveways . Mr . Noteboom
will report on the highway budget during his report .
The Town Board echoed the Supervisor ' s compliments to the Highway
Department ,
The Town has received the fourth quarter 1993 sales tax revenue
amounting to $ 469 , 951 , more than expected . The Supervisor and
Assistant Budget Officer are working with the auditors to determine
the amount to hold into reserve and how much can be added to the
Capital Reserve ,
Ms . Alario said presently there is $ 627 , 000 in the reserve , of
which $ 250 , 000 was authorized previously . The Board also
instructed any additional revenues would be placed in the fund .
Attorney Barney explained the Town was accounting incorrectly for
sales tax revenues . They were to be accounted for in the year they
were collected. even if the Town did not receive them until after
the new year . The Town changed that last year which meant the Town
received five quarters of sales tax revenue in 1993 instead of
four . This will not happen each year .
I
I
TB Minutes 3 ; 7 / 94
Page 3 .
b . Town Engineer ' s Report : Mr . Walker reported on his written
report and highlighted the Forest Home Bridge Replacement Project ,
Councilman Klein presented the Town Board ' s resolution to the
County Public: Works Committee . As a result of the .resolution and
discussions :by the Tompkins County Public Works Committee , the
County has postponed the construction date for the bridge until
1995 . This will allow time without pressure for approval to insure
the residents the project will be satisfactory to them , and the
Town will be aware fully of all costs . The $ 30 , 000 budgeted for the
project this year will probably not be sufficient to handle the
Town ' s share including the walkway and historic preservation if
there is not cost sharing from ISTEA funding .
Councilwoman Harrison said that is what the County Engineer
suggested , the Town should pay for the historic preservation , but
no one has formally agreed to that presently .
Mr . Walker said it is an unknown , by not having to build the
project until_ 1995 the Town will have time and can remind the
County to design the project to allow input as was not the recent
case .
Councilwoman Harrison asked if the Town has an idea how this
project coincides with funding that may or may not be received from
ISTEA .
Mr . Walker said if the ISTEA funds are forthcoming there will be no
problem with the Town ' s amount budgeted .
Councilwoman Harrison said she was referring to the timing , is
there any chance ISTEA will say it cannot be put off until 1995 ?
Mr . Walker believed the project can get underway by letting a
contract this fiscal year , especially if the ISTEA funding is
received .
Councilwoman Harrison asked if the Town of Ithaca were on the list
to be notified regarding those ISTEA funds ?
Mr . Walker said he would make sure to keep in contact with ISTEA .
The Town is represented on the MPO Committee which would know the
status of the funding .
Supervisor Whitcomb said it is the County Engineer ' s contention the
Town should be responsible for the historic components of the
bridge . Conversations with various County Board Representatives
shows that is not necessarily the opinion of the County Board .
Payment of the historic preservation is up for negotiation .
TB Minutes 3 % 7 / 94
Page 4 .
Mr . Walker said Saturday there was a significant water main break
on Snyder Hill Road . It caused damage to a residence on the road .
Water came out of the ground and floated across the yard flooding
a basement apartment . A claim for damages will be made to the
Town . This is the third case like this within the last year . One
occurred on Snyder Hill Road , one on Danby Road , and one on Warren
Road . These occurrences are results of water flowing over the
surface of the ground and going against a foundation wall . The
Town may be able to make some argument that if drainage around the
property is properly designed the water would not enter the house .
The fact that the water originated from the Town water main puts
some liability on the Town .
The claim is being processed through the Town ' s liability
insurance . Mr . Walker directed each homeowner to submit claims to
their own insurance first and if it is not covered they can apply
to the Town for relief .
On a claim of less than $ 1 , 000 , if the Town acknowledges liability
the Town should pay for it out of the budget rather than submitting
a claim on the insurance because of what it may do to the rates .
Ms . Punger said the Town ' s insurance agent does not feel the Town
has enough claims for this to effect the rates at the present time .
Mr . Walker hesitates to recommend paying all claims where water
flows over the surface of the ground , because any time it rained
hard there may be claims .
Mr . Frost asked if whether the apartment damaged was a legal
apartment ?
Mr . Walker said the investigation for the Warren Road incident has
not been fully completed .
Councilwoman Valentino knows people who tried to rent the apartment
on Snyder Hill Road and they said it was in very bad condition .
There was heavy damage previously , not from a water main break .
Mr . Walker said the maintenance man was on site and the landlord
had told him , it was probably ground water seepage and not a large
problem . The water main break contributed to the problem , there
was more than just seepage .
Mr . Walker thanked the Highway Department who started working on
the break at 1 : 00 a . m . Saturday morning , and finally_ went home
about 7 : 00 p . m . Saturday night because of the severity of the
break .
TB Minutes 3 / 7 / 94
Page 5 .
Councilwoman Harrison asked what caused the break ?
Mr . Walker responded frost and possibly poor construction . It was
cast iron pipe installed in the 1950 ' s with no construction
inspection . Now there is full time construction inspection .
Mr . Walker :reported on the written report for the Planning
Department , ( see attached ) .
The draft GEIS is about ready to come before the Town Board .
Councilwoman Harrison asked if the GEIS would come to the Town
Board as a public hearing for possible enactment as a Local Law ?
Mr . Walker said the SLUD will come before the Town Board for
approval . The Planning Board is going through the findings process
now then it will be recommended for enactment as a local law .
Mr . Walker said that this spring the Town will receive many calls
from residents about flooding and drainage problems . The Highway
Department will continue to address each as soon as possible . They
have been doing an excellent job thus far .
c . Highway Superintendent Report - Mr . Noteboom asked if there were
any questions regarding his written report , ( see attached ) ? Mr .
Noteboom thanked Mr . Frost for the training on hazardous materials
the department had this month .
Mr . Noteboom reported on the snow removal costs for January and
February . Overall the Highway Department has used 59 % of the
budget for snow , and 54 % of the materials budget ( salt , sand ,
etc . ) . Last year at this time the Town had used 47 % of the
materials budget .
The overall labor hours used has been 62 % of the budget in both
regular and overtime hours . The overtime hours are up 17 % , and the
regular hours are up 23 % , the total hours are up 21 `-x . The money
spent overtime and regular hours is up 22 % .
The recent stor i
m s not calculated in these figures . If the
weather cooperates the department should make it through the year
within the budgeted amounts .
d . Building Inspector / Zoning Officer Report - Mr . Frost reviewed
his monthly report with the Board , ( see attached ) .
TB Minutes 3 ,17 / 94
Page 6 ,
Councilman Conley commented that across the street from his home is
a fire hydrant which is no longer visible because the snow is
covering it . There should be some awareness this is happening .
The Town , Fire Department , or someone should be responsible for
cleaning the snow from around them . Maybe the neighbors could be
encouraged to do it .
Mr . Noteboom said they ask people when they call to clean around
the hydrants . The Fire Department does take responsibility for the
hydrants , but. they do no always go out as quickly as they should .
Councilman Conley asked that the Fire Department be notified to
take care of this snow maintenance .
Mr . Frost asked if there were a stake on the hydrant that indicated
its location ?
Councilman Conley said there is no stake now , but there was one
last year .
Mr . Noteboom said the Highway Department has acquired some new
metal markings for the hydrants . They will be permanent and
numbered when they are installed .
Mr . Walker said the Fire Department has location maps of all the
fire hydrants in the Town . The markers are important , the Fire
Department usually lets the Town know when they have a problem
getting to the hydrants .
d . Town Clerk / Receiver of Taxes Report - Mrs . Noteboom reported on
her written reports , ( see attached ) . The State Board of
Equalization and Assessment has recommended a new format for the
tax bill . Of the 12 to 14 recommendations the Town of Ithaca
already complies with 10 . The only recommendation which is of
concern is the one where they say the tax bill should be sent to
the homeowner as well as the escrow agent . That will double the
postage and create problems when bills are paid twice when
residents assume the bill is not being paid by the escrow agents .
If this were :instituted the Town would put a sticker_ on the bill
indicating the bill has been sent to the escrow agent and the bill
can be disregarded .
Mrs . Noteboom reported she was contacted by SARA about their
records management newsletter called " For the Record " .. In 1994 the
Town of Ithaca will be featured in the newsletter about our records
management program .
TB Minutes 3 / 7 / 94
Page 7 .
Mr , Morgan Barkley also has informed us the state SUNY college
system is developing an associates degree program in records
management avid they are publicizing to encourage students to enter
this degree program . SARA will be making a promotional video and
have asked that the Town of Ithaca be among seven other towns for
possible selection of appearance in the video . If the Town of
Ithaca were chosen to do the video a professional video company
will come to film our program and conduct an interview with Mrs .
Noteboom .
Councilman Klein asked about the report on dog enumeration and how
the Town could use not for profit agencies to complete one ? The
Town is presently under counted for dogs and has lost revenue from
dog licenses . The SPCA had suggested that the Town improve upon
the enumeration system . It has never worked out very well because
the Town can not seem to keep a dog enumerator once they are hired .
Mrs . Noteboom said the Town should be able to put together a better
enumeration program . Not for profit agencies , such as the Boy
Scouts could be used by giving a fee to the troop for each dog
counted . However , the Town would have to be careful of the
liability issue . The Attorney for the Town could devise a contract
with the not for profit agency to address that issue . It is hoped
that the program can be put together by June , so the enumerators
can count the dogs this summer .
Supervisor Whitcomb asked the Attorney for the Town , the Assistant
Budget Officer , and Personnel Director if they had anything for the
Board . They all declined any comments .
Agenda Item No . 23 - " In Lieu of Park Land " for Little Subdivision :
Mr . Walker explained a resolution from the Planning Board to the
Town Board asked the Town Board to consider what amount of payment
" In Lieu of Park Land " would be appropriate for the subdivision
proposed by Mr . and Mrs . Little , the property previously known as
the " Jones Fa= " .
The parks plan. for the South Hill area does not show a park in that
vicinity . One lot of approximately 24 acres has been requested by
the Little ' s to remain large and open . One end of that lot is
currently above the area where municipal water exists making
development there unattractive .
Mr . Little addressed the Town Board with his proposal for the
property . Mr .. and Mrs . Little are proposing a five building lot
subdivision with six parcels . The biggest parcel is about 23 acres
is where they will build their home . There are three lots that
will come out onto Troy Road , and one lot that will exit onto
Ridgecrest Road .
TB Minutes 3 / 7 / 94
Page 8 ,
Mr . Little said there are two proposals . During discussions with
the Planning Board a set aside was talked about to protect the
wetlands running through the middle of the parcel . Mr . and Mrs .
Little wanted. to keep the wetlands on their land so they could be
protected . None of the land is suitable for a park , :but access off
of Ridgecrest. Road could be made along the wetland to access out
onto Troy Road .
The first proposal would give an easement to the Town for that land
to protect the wetlands and provide public access by a foot path
through it . In addition a voluntary contribution of $ 200 . 00 per
building lot at the time of building permit application would be
made .
Also , Mr . Walker has indicated the Town would like to be able to
bring water from Ridgecrest Road over to Troy Road to service some
of the people whose wells run dry in the summer . A path would be
designed to provide the Town access for the water easement . It
would have to be a conditional easement stating the water lines be
completed within one year from the time it is approved . Mr . and
Mrs . Little do not wish to have their lawn and gardens dup up after
the construction of the house . This would be a one time
opportunity to complete the water lines before any building would
be done .
Mr . Little said when the other three lots are sold , if they have
well water , it may make the water problem worse . Mr . and Mrs .
Little said they will provide water to those three :Lots . It has
been discussed to they pay the sum of $ 2 , 000 for each hook up for
those three lots toward the cost of the water line going across , as
well as the cost to provide water from their house to the road .
Mr . Little said he has had conversations with Betsy Darlington from
the Finger Lakes Land Trust regarding a conservation easement on
the property . They decided to wait until it was known what the
subdivision would be before putting forth any proposal .
Mr . and Mrs . Little ' s second option is to have the water line
remain as talked about in the first proposal , but instead of the
Little ' s makir.Lg an easement to the Town for the walking path , the
Little ' s would consider taking all the lands at the head of the
wetlands including 8 to 10 acres and putting a conservation
easement on the entire portion so it could never be developed
further in the future .
Mr . and Mrs . Little said they would be willing to do - this , they
would not be willing to have a large piece of land put in a
conservation easement and have public access to it because the
Christmas trees to be planted there may be damaged .
TB Minutes 3 / 7 / 94
Page 9 .
Mr . Little said they would give a conservation easement to the
Finger Lakes Land Trust with a contribution of the $ 200 per lot to
them for a Rind to maintain the land .
Supervisor Whitcomb said in earlier discussions it was considered
to put a deed restriction on the subdivided lots that there would
be no further subdivision on the lots being divided off the parcel .
Mr . Little said the two lots that face Troy Road are 2 . 28 acres ,
parcel D is 4 acres , and parcel E is 9 acres . Mr . and Mrs . Little
would have no problem saying all of them could not be further
subdivided . Mr . Little said he would be hesitant in doing that
with the lot he intends to build his home on as it is approximately
23 acres . The portion being discussed for the conservation
easement is between 8 and 10 acres which would come off the 23
acres .
Supervisor Whitcomb explained this started as a result of a
question by the Planning Board as to how to interpret the
Subdivision Regulations , and Article 277 of Town Law regarding the
10 % set aside the Town has the option of requiring from those who
subdivide land for park land purposes .
Councilwoman c; rigorov said there is precedent for using a trail as
a set aside .
Councilwoman Harrison asked how the proposal of the water extension
relates to the Comprehensive Plan ' s program for the extension of
water and sewer lines ?
Mr . Walker explained the petition for water on Troy Road , and the
informal request from the Coddington Road Community Center would be
considered an. infill rather than extensions because water is
available now along Ridgecrest and East King Road , South Woods
does not have water , but the subdivision plan includes extending
the water and sewer to it . Effectively there is water around the
parcel .
Councilwoman Harrison asked what the implications would be
regarding further development ?
Supervisor Whitcomb said none , because there is no further
subdivision available on the road with the exception of two
landowners further north who own larger parcels and who are not
interested in subdividing .
Councilman Conley said Mr . Little mentioned the water proposal was
a one time offer , if this were accepted , could the water lines be
put in with the one year deadline ?
TB Minutes 3 / 7 / 94
Page 10 .
Mr . Walker responded it would be physically and financially
possible before the 1994 / 1995 building season . The Town has had
two serious requests for water because property owners do not have
water many months out of the year . Mr . Walker recommended the Town
give these people water as it will not adversely impact other
people . The Coddington Road Community Center operates a day care
center , it is partially funded by the Town , and they are in
desperate need of water .
Councilwoman Harrison asked if the Coddington Road Community Center
were tied into this in some way ?
Mr . Walker said they are because it would be cost effective to
build both extensions at the same time with the same contractor .
Councilwoman Grigorov said that would then open up a few more lots
along the way .
Mr . Walker Said there are a few large lots across from the
Community Center which could be impacted . The Community Center has
been talking to other residents and there are some residents
considering conservation easements to protect their land because it
is their desire to do so . This also fits into modifying the
benefit assessment .
Councilwoman Harrison said the Board should thoroughly consider any
time the water and sewer is extended , it spurs development in ways
which must be addressed .
Mr . Little said it is his intention to plant Christmas trees at the
lower end of the property where the conservation easement would go .
Discussions with other people have indicated there could be damage
to the trees from people walking through .
Councilwoman :Harrison asked Mr . Little if he would be planting
Christmas trees if he chose the plan which allowed for public
access ?
Mr . Little said they would plant them , but if there were problems
they would place fences along the trail to discourage damage to the
trees . The Finger Lakes Land Trust would not encourage the public
access trail , they would prefer the conservation easement because
public access may allow for damage to the wetlands .
Councilwoman Harrison asked if the Finger Lakes Land Trust would be
opposed to a fence to protect the Christmas trees if- their was
public access , would the conservation easement provide for a fence ?
Mr . Little said it would have to provide for a fence because he
would not like to take the chance of public access to the area .
TB Minutes 3 / 7 / 94
Page 11 .
Mr . Little said he has reservations about someone going through the
property with a snowmobile or motorbike .
Supervisor Whitcomb asked Mr . Frantz how a walkway fits into the
Towns plans for trails , etcetera . Would it connect with any trails
the Town now has ?
Mr . Frantz said it may connect with the Chase Farm network even
though people would have to walk several hundred feet to get to it ,
The Nature Conservency would be concerned with a footpath funneling
traffic into the Eldridge Preserve . In 1988 / 89 the Nature
Conservency was concerned about too many people going into the
Eldridge Preserve , it was not intended to be a public recreational
facility but a natural area . Too many people could disrupt the
ecology .
Councilwoman Valentino said if a trail were considered access and
parking would have to be looked at because people would be parking
in front of homes and driveways . There would not be enough room .
Councilwoman Grigorov said two different things are being
discussed , the idea of taking cash in lieu of park lands has to be
worked out . Does the Town want to preserve open space and fragile
areas ? The Town has to determined which is the better thing to be
done in this instance .
Attorney Barney said caution must be used so as not to usurp the
Planning Board ' s function . It is the Planning Board ' s function to
determine if :Land is to be dedicated for a park . The Town Board
accepted the responsibility of determining the amount of money that
would be paid in lieu of park land .
What has been discussed this evening is different than what was
heard at the Planning Board in terms of the willingness of the
Little ' s to commit a portion of the land irretrievably to being
open space , that is what drove the Planning Board to decide to say
money should be paid in lieu of park land . If the issue were to go
back to the Planning Board with Mr . Little ' s second option they may
be able to resolve it without any action from the Town Board . The
sense of the Planning Board was if there were some way to assure
open space they would have accepted it .
Mr . Little said he did bring this up at the Planning Board and it
did not go anywhere .
Attorney Barney felt it didn ' t go anywhere because he had asked Mr .
Little if he was willing to commit it in the form of an absolute
deed restriction , and Mr . Little answered that he would not be
willing to do that .
TB Minutes 3 / 7 / 94
Page 12 ,
The Planning Board then referred the issue to the Town Board to
determine the! amount of money to be paid in lieu of park land .
Tonight Mr . Little is saying a conservation easement is a
commitment of the portion of the land .
Councilwoman Grigorov said the Town Board may still wish to talk
about the amount of contribution in lieu of park land as a separate
matter , but give the flexibility to the Planning Board to make the
best decision for each specific case .
Councilwoman Valentino said she liked the idea of a conservation
easement rather than a trail as it would work well for this
location . Conservation easements may also be a good :idea for other
wetland areas in the Town .
Councilwoman Harrison asked when a 10 % set aside has been discussed
in the past or money in lieu of , was it land that could not be
developed anyway ?
Attorney Barne?y said traditionally if the Town Board were insisting
on the 10 % park set aside it is land that is susceptible to having
a park built on it and is usable for the people in the vicinity .
The Planning Board at times when they felt the project was not
dense enough , the Town was receiving other compensation , or that
the need for the park was not apparent accepted something else ,
like Hackberr,r Lane , where the Town received an easement to get
into the Cornell Plantations .
Councilwoman Harrison asked if when the Town Board looked at the
money , would it be the equivalent of 6 . 6 acres as in this case ? Is
there any park that would serve the people along Ridgecrest Road
and the people who would live in this subdivision ?
Supervisor Whitcomb said the discussion of Agenda Item 22 , the
establishment of a Town Park and Open Space Acquisition Trust Fund
will address how those monies would be calculated .
Mr . Walker said there is a park approximately one half mile from
the area , Troy Park as part of the Deer Run Subdivision which has
play structures . The Coddington Road Community Center has ball
fields with parking . There is supposed to be a park in phase two
of the Chase Farm subdivision . Discussions have taken place about
avoiding the wetlands resulting in a park in that area .
Councilwoman Grigorov said in each case it is so different , the
Town Board has to give the Planning Board the tools to determine
each specific case .
TB Minutes 3 / 7 / 94
Page 13 .
Supervisor Whitcomb said the Planning Board referred this issue to
the Town Board because it is the Town Board ' s responsibility to
determine the amount of money if the Planning Board decides to take
an in lieu of payment . Supervisor Whitcomb asked the Board if they
would rather have the conservation easement in this instance as
opposed to the payment in lieu of park land ? Then the Planning
Board can work out the details .
Councilwoman Harrison asked if those issues were mutually
exclusive , if one were to look and say under the policy the 6 . 6
acres taken in lieu of are worth substantially more than the value
of the conservation easement , might it not be appropriate to get
the conservation easement , the $ 1000 , plus the water ?
Supervisor Whitcomb said this is something which was riot addressed .
The Planning Board had the option in place since the subdivision
regulations were adopted in the late 19701s . They have never
developed the formula to be used to determine what the payment of
money should be . There is an element in fairness , Mr . Little was
partially through the approval process when this was brought to his
attention , to retroactively apply some formula to him now would not
be fair .
Councilwoman Valentino said if the Town Board thinks about a
formula to be used it should be thought of for the future .
Developing something which would be a general guideline if you were
looking at a :specific instance , is not a good way to do it .
Attorney Barney asked Mr . Little if the conservation easement would
run from him as landowner to the Finger Lakes Land Trust ?
Councilwoman Harrison said the Town could be a party to the
agreement . Several parties sign conservation easements so there
can be a fall back if any unusual circumstances occur .
Mr . Little said he would have no problem in including the Town as
a beneficiary of the trust .
Attorney Barney said the Town does not have a mechanism at this
point to supervise land trusts . In making this in lieu of park
land it would not be inappropriate for the Town to have the legal
ability to say the land stays as a conservation easement , or that
someone at the Town level has to make an informed judgement
concerning the parcel .
Mr . Little said the Finger Lakes Land Trust would not be- interested
in the easement discussed in option A , they do not want small
parcels . They would be interested in 8 to 10 acres because it
would protect the wetland and surrounding area , and it ties into
their plan to support the reservoir system .
TB Minutes 3 / 7 / 94
Page 14 .
Supervisor Whitcomb asked if the remaining 12 to 14 acres on the
Little ' s home lot were subdivided in the future would Mr . Little
expect the 10 % rule to still apply ?
Mr . Little said yes , that would be the case .
Mr . Little said the Finger Lakes Land Trust would want the $ 200 per
acre paid to them and not the Town . The Finger Lakes Land Trust
has to maintain the property and they wish to have a mechanism to
complete administrative tasks .
Councilman Conley said he is in favor of Option B , because it would
be too hard to develop a park . There would be problems with
parking and people gaining access to a park .
Councilwoman Grigorov felt the $ 1000 to be paid to the Finger Lakes
Land Trust is between Mr . Little and them .
Councilwoman Valentino agreed it would be to the Town ' s advantage
not to have to maintain the land under a trust .
Motion made by Councilwoman Grigorov , seconded by Councilman Klein
that the Town Board requests the Planning Board reconsider the
issue of " In Lieu of Park Land " regarding the Little Subdivision in
view of the offer by Mr . and Mrs . Little to provide a. conservation
easement covering 8 to 10 acres on the land they are reserving for
their home area , and in view of the offer to provide a water line
easement that would be useful to the Town , and a limitation on the
other four logs ( B , C , D , E ) not to be further subdivided . Motion
carried unanimously .
Agenda Item No . 7 - Persons To Be Heard
No one wished to address the Town Board ,
Agenda Item No . 8 - Presentation Tompkins County Area Development ,
Inc .
The Supervisor invited Michael B . Stamm , President of the Tompkins
Area Development , Inc . ( TCAD ) to the meeting because they had
previously asked the Town for funding in some manner to TCAD . At
that time the Board had deferred the issue to a later date . Mr .
Stamm will be explaining what the TCAD is , how other municipalities
support them , and how the Town of Ithaca would benefit .
Supervisor Whitcomb told Mr . Stamm the Town Board would not be
making a decision on this issue at this meeting .
TB Minutes 3 / 7 / 94
Page 15 .
Mr . Stamm presented the Board with a copy of the TCAD ' s 1993 Annual
Report and a brochure describing their services and mission . The
TCAD was founded in 1964 as a not for profit local development
corporation .
The TCAD ' s mission is to provide quality employment opportunities
to strengthen the local tax base . Focus is made on the
manufacturing sector as it creates the highest paying jobs , and
typically offers the best benefits . The TCAD defines manufacturing
very broadly from a one person company to large conglomerates . The
TCAD will work with anyone who exports their product or service
outside of Tompkins County , The TCAD tries to refrain from doing
retail commercial companies who would be competing with existing
companies in the county . Wegmans was turned down for help .
Three different types of help are available . Business planning
assistance services to entrepreneurs and businesses with expansion
plans , financial assistance by looking at the needs of a company to
help develop and make plans , and site location assistance .
The TCAD triE� s to keep businesses in the municipality they are
already located in . The accomplishments of the TCAD have been very
wide ranging , such as the Borg Warren plant , Wilcox Press ,
American Demographics , etcetera .
The membership is unique as it is a true public / private
partnership , in both the members and the Board of Directors . The
Board of Directors is a mix of private , public , and political
officials .
The budget is $ 130 , 000 a year raised through membership campaigns
to the private sector supplemented through support from the public
sector . Tompkins County pays $ 17 , 000 a year , and the City of
Ithaca pays $ 3 , 000 a year to TOAD .
Most people focus on the unemployment rate which TCAD feels is a
dismal measurE� of the health of the economy . In the late 1940 ' s ,
of those who worked in Tompkins County over 48 % worked in
manufacturing jobs , that is now less than 8 % . In the last few
decades Tompkins County has virtually lost its middle class .
Private and ;public leaders focused on the unemployment rate
thinking that our economy was very strong , they were not investing
what should have been in economic development . That has been
recognized and the City and County governments are interested in
the problem . The City has created an Economic Development
Committee for the first time , and the Planning Committee of
Tompkins County has changed its name to Planning , Economic
Development and Education .
TB Minutes 3 / 7 / 94
Page 16 .
There are a lot of opportunities based on the entrepreneurial base .
TCAD has finished a successful membership campaign so there is both
public and private sector support to fulfill the mission .
Councilwoman Harrison asked if when the TCAD works with a company
whether the company pays for the services ?
Mr . Stamm responded the services are free to companies who are
involved with an activity which fulfill the mission . Once a
company has been helped and it becomes successful the-y are asked to
help support the TOAD . TCAD tries to avoid fees derived from
businesses beccause they would then be chasing projects which could
pay the fees . TCAD is supported by a wide ranging membership
allowing TOAD to help those projects which really need the help .
Supervisor Whitcomb asked if any other local municipality supported
the TOAD .
Mr . Stamm said the Town of Groton in the amount of $ 250 . 00 .
Supervisor Whitcomb asked what TCAD had to do with the Industrial
Development Agency ?
Mr . Stamm said TCAD manages the IDA . The IDA offers the incentives
of a financing vehicle for businesses the TCAD is using , it is not
a separate agency . The TCAD provides the staff and services for
the IDA .
Councilwoman Grigorov asked if the TCAD solicits business or if the
people come to them?
Mr . Stamm said they solicit with existing companies and
entrepreneurs in hopes they will stay and expand in the area . The
TCAD does not travel around the country or the world soliciting
business . The TCAD is very interested in the future of National
Cash Register and are meeting with them .
Councilwoman Valentino asked if a project is in the Town of Ithaca
how the decision of the tax abatement is decided , does the Town
lose its ability to say if they are going to tax an industry ?
Mr . Stamm said the IDA has a formal policy which mirrors 45B for
tax abatement . The IDA Board has the complete authority and power
to abate all property taxes without hearing any input from the
applicable tax authorities .
Councilwoman G!rigorov noted the Town would not get any less tax
because it is based only on the improvements .
TB Minutes 3 / 7 / 94
Page 17 ,
Mr . Stamm said this IDA is one of the most conservative in New York
State . They were the first to turn down Wegman ' s request for
abatement of property tax . The IDA targets companies with tax
abatement and only does projects with companies who will be making
a strong commitment and contribution to the community .
Councilwoman Valentino asked when determining the abatement are
there special items the IDA tries to extract from them to insure
the community will benefit from the expansion ?
Mr . Stamm said the IDA requires very specific details on the jobs
which would be created ; not just the number of jobs , but types of
categories of jobs , salaries , and benefits . On an annual basis the
IDA asks the company if they have met their quotas .
Supervisor Whitcomb said he had read that the Kendall Corporation
in the Village of Cayuga Heights is considering using the IDA as a
funding agency , has there been any discussion of tax abatement in
that instance?
Mr . Stamm said they have not approached the IDA yet as it requires
a change in State law to be able to provide assistance to Kendall .
It is suspected the change will occur in the next few months and
then Kendall will contact the IDA .
Mr . Barney asked if the IDA ever exercises the right not to grant
the tax abatement ?
Mr . Stamm said they have companies approach them which they
determine not to help .
Supervisor Whitcomb asked if there are public hearings regarding
these issues so that people can comment ?
Mr . Stamm said there is new State legislation which requires a
public hearing for all projects they are involved in , as well as
County legislation that the public hearings must take place in the
local municipality .
Councilwoman Harrison asked if the Kendall project is going to be
orientated toward high income individuals , how would that be an
eligible project ?
Mr . Stamm said the IDA would be interested in helping Kendall gain
access to tax exempt finance markets as opposed to property tax
abatement . New York State is virtually the only state where a life
care community does not have access to those markets . These
communities are becoming very popular and are positive benefits in
TB Minutes 3 / 7 / 94
Page 18 ,
the state ' s they locate . They capture wealthy people and keep them
in the community . They do not put stress on the road systems and
the schools . People are presently leaving New York because those
projects do riot exist .
Attorney Barney pointed out the law just changed to allow those
types of projects , it was not due to a lack of IDA financing .
Mr . Stamm said the access to the tax exempt bond financing would be
a significant. part of the Kendall financing .
Agenda Item No . 9 - Public Hearing , Local Law # 3 - Rezoninq
Ridgecrest Road :
The Supervisor opened the Public Hearing at 7 : 00 p . m . and postponed
the public hearing until after the discussion with the TCAD .
Agenda Item No . 8 - TCAD Continued :
Attorney Barney mentioned he did research based upon former
Supervisor Raffensperger ' s request regarding the Town ' s funding the
TCAD . The New York constitution excludes municipalities from
giving gifts to private organizations . The TOAD had asked the Town
to join , and pay annual dues . A municipality could expend funds
for the purposes of promoting development , if the Town chose to
fund the TCAD it could be done through an agreement with them that
they would provide some services to the Town for promotion of
development .
Supervisor Whitcomb felt this should be referred to the Planning
Committee to investigate the portions of the Comprehensive Plan
dealing with industrial and commercial development to see whether
TCAD provides services the town could use .
Councilwoman Valentino asked if the County were considering that
some of the hotel tax money be funneled to development instead of
tourism?
Mr . Stamm said the TCAD is presently working on that , the Chamber
of Commerce is doing everything they can to keep that money .
County leader : are very interested in what TCAD has done for the
jobs created over the years , and they would like to divert a small
portion of that $ 400 , 000 revenue to the TCAD so that they could
expand .
Councilwoman Valentino said she was very disappointed when Borg
Warner was on strike that TCAD decided to side with management
before the collective bargaining process had a chance to get
started .
TB Minutes 3 % 7 / 94
Page 19 .
Mr . Stamm disagreed he sided with management , TCAD was attempting
to educate the community as to a very serious issue if the strike
wasn ' t settled , and if Borg Warner decided to move elsewhere there
would be no place for the workers to go . The point was it is not
a healthy economy and there are no other opportunities in Tompkins
County and the region .
Councilwoman Harrison asked that a copy of the agreements with the
other municipalities be given to the Town for review by the
Planning Committee ,
Mr . Stamm will provide those agreements .
Councilman Conley asked if a business such as K - Mart were trying to
upgrade or improve , would the TCAD take the same stance that they
would not qualify for substantial redevelopment ?
Mr . Stamm said that is the stance of the IDA who has the ability to
grant property tax abatement , because it is felt if an existing
company is helped to expand through public subsidies then they are
receiving an unfair advantage over competitors . There are
exceptions , the Rothchild ' s store was considered an anchor of
important downtown redevelopment and if something could of been
done , it probably would have been done .
Agenda Item No . 9 - Public Hearing Local Law # 3 - Rezoning
Ridgecrest Road :
The Supervisor resumed the Public Hearing at 7 : 07 p .. m . The Town
Clerk had proof of posting and publication .
Mr . Walker explained the Local Law is to correct the previous
zoning map because during conversion to the auto cad system a
mistake was made in drawing one of the lines . This correction
makes an area R - 15 which it has been since the 1970 ' x . this line
corresponds to the South Hill water district lines .
Supervisor WhJ: tcomb , it is not a rezoning , it is to correct an
error on the Zoning Map .
The Supervisor asked for public comment . No one wished to address
the Board . The Public Hearing was closed at 7 : 10 p .. m .
Agenda Item No . 10 - SEOR Local Law # 3 - Rezoning Ridgecrest Road :
Motion made by Councilwoman Grigorov , seconded by Councilwoman
Valentino that: the Town Board as Lead Agency for environmental
review , and having reviewed the proposed rezoning of the land in
question , a Short Environmental Assessment Form Pt . I, and Pt . II ,
and a recommendation for a Negative Determination of Environmental
TB Minutes 3 / 7 / 94
Page 20 .
Significance prepared by the Assistant Town Planner and dated March
31 1994 , hereby makes a Negative Determination of Environmental
Significance for the proposed action . Carried unanimously .
Agenda Item No . 11 - Enactment Local Law # 3 - Rezoning Ridgecrest
Road :
Motion made by Councilwoman Valentino , seconded by Councilman Klein
that the Town Board does hereby enact a " LOCAL LAW AMENDING THE
TOWN OF ITHACA ZONING MAP REZONING LANDS ALONG RIDGECREST ROAD FROM
R - 30 TO R - 15 " , and approving and authorizing the Town Supervisor to
sign the Certificate of Necessity , and the Town Clerk be authorized
to file said Local Law as required by law .
Councilman Klein asked if this were truly a rezoning since the zone
was changed inadvertently with a mistake on the map ?
Attorney Barney responded that this was actually a rezoning .
Roll call vote carried unanimously .
Agenda Item No . 4 - Review of Correspondence :
a . NYS Office! of Mental Retardation / Developmental Disabilities -
Request for a change in speed limit on Route 96 .
The Town can request the NYSDOT reduce the speed limit in this
area .
Councilwoman 'Valentino asked if the Town has previously requested
a reduction of speed in that location ?
Supervisor Whitcomb said the request was made and it was turned
down by NYSDO`.P . Has anything changed since the last request ?
Mr . Walker said the only thing that has changed is the ownership of
the Rebekah Hall complex . There are different tenants in the
building which are in the process of being approved by the Planning
Board .
Supervisor Whitcomb asked if there would be any evidence of
increased traffic at this point ?
Mr . Walker said probably not , and recommended the Town Board write
to the NYSDOT requesting it and explaining the basis for the change
in speed . -
Councilwoman Valentino said the passing lane would not necessarily
have to be changed if the speed limit were reduced .
TB Minutes 3 / 7 / 94
Page 21 .
Motion made by Councilman Conley , seconded by Councilwoman
Valentino directing the Town Engineer to correspond with the NYSDOT
to request a speed limit reduction to 45 mph on Rt . 96 West in the
Town between Lakeside Nursing Home and the Tompkins Community
Hospital , and that a certified copy of this resolution be included
with the request , and a copy sent to Barry Stevenson , Lawrence
O ' Neil , and OMRDD Developmental Disabilities Services . Carried
unanimously .
b . Liese Bronfenbrenner - Pleased with decision on the Forest Home
Bridge , and :brought up the issue of old plans for a two lane
bridge . Requested the tax bill be changed to not look like junk
mail .
Supervisor Whitcomb will write to Mrs . Bronfenbrenner and tell her
the road is now the Town ' s and the Town and County are now
responsible for the bridge , and that the tax bill will be changed
next year .
C , Lisa K . Thompson - Numbering system , Dove Drive .
Mr . Frost explained there is a problem with the street numbering on
Dove Drive . fie has devised a new numbering system and proposes it
now be adopted . Two property owners are undecided as to whether
they are willing to change their addresses . Mrs . Thompson has
approached everyone , the others are willing to have the street
numbers changed .
Councilwoman Valentino asked if these street numbers would be
changed when the County sets up the 911 emergency line ?
Mr . Frost said he did not know , but in the past the Town Board has
been resistent to have the numbers changed because of the
difficulty in changing peoples documents .
The Dove Drives Association has asked that the numbers be changed .
There has been confusion over 1 Pheasant Lane and 1 Dove Drive ,
when there hay; been a need for emergency vehicles .
Councilwoman Valentino said before the Town changes these numbers
we should investigate what the County is doing with 911 .
Councilman Conley asked that the Town wait until the Dove Drive
Association discusses what they are going to do at their meeting ?
Mr . Frost has talked with Mrs . Thompson and explained the decision
will be up to the Town Board , but the proposal was discussed for
their review .
TB Minutes 3 / 7 / 94
Page 22 .
The consensus of the Board was to let the Dove Drive Neighborhood
Association make a decision based upon the suggestion offered by
Mr . Frost , and that Mr . Frost check into the possibility of the
numbers being changed during the 911 process .
Agenda Item No . 5 - Report of Town Committees :
Councilman Klein said the Public Works Committee discussed the
County Public Works Committee meeting regarding Forest Home Bridge .
The main concern is that the County not put the project off
indefinitely . The County Public Works Committee authorized their
staff to work on another bridge . It will be up to Mr . Walker to
stay in contact with the County to make sure the same thing doesn ' t
happen next year .
The Public Works Committee also discussed a letter from people on
West Haven Road asking for sewer .
Mr . Noteboom will be preparing a highway expenditure plan for the
next meeting . Highway and Parks will be requesting additional
summer help . A discussion was held regarding the possibility of
sharing the purchase of larger pieces of equipment with the County .
The water and sewer benefit formula was discussed . Dating back to
1981 there is a formula to charge different types of land the sewer
and water benefit formula based upon the types of buildings on the
property . This needs to be updated . Mr . Walker has been asked to
review this with other Town committees .
Supervisor Whitcomb said it will be reviewed as to how the formula
disadvantages people who own large parcels of land , and those
considering conservation easements .
Councilwoman Crrigorov said it will have to be determined what type
of economic impact that would cause .
Councilman Klein said people may not wish to develop their open
land , but if water and sewer is nearby and rapid escalation occurs
increased taxes may force them to subdivided .
Attorney Barney said the formula was devised in response to the law
where the Town must charge in accordance with the benefit conferred
on the property by the existing water and sewer lines . That was an
effort to formalize the mechanism . It was very hard to define the
benefit , they should be upgraded , but it should be kept in mind
what the benefit is there for . -
Councilman Klein noted it is essential the Town Attorney be
involved in this process .
TB Minutes 3 ; 7 / 94
Page 23 ,
Mr . Walker said first the Town Board or committee needs to define
what the policy is on the land use .
Councilwoman Grigorov said the Planning Committee met and discussed
coordinating an update of the Zoning Ordinance with the
Comprehensive! Plan .
Mr . Walker said the Planning Committee agreed to use documentation
including the Comprehensive Plan and the study report of the Zoning
Ordinance and. start a logical sequence .
Councilwoman Valentino asked who was responsible for sending out
the notices of the Planning Committee meetings ? Councilman Niklas
and she have had conversations and it was decided they would share
attending those meetings .
Councilwoman Grigorov said it should always be one person , but the
other could always go to the meeting . If Councilwoman Valentino
were the regular member Councilman Niklas could attend when he
could .
Supervisor Whitcomb asked if a meeting time and date has been
settled ?
Councilwoman Grigorov said Tuesday morning at 9 : 00 a . m . That is a
difficult time for members and the public to attend .
Supervisor Whitcomb directed the Planning Committee to resolve the
time of the meetings , and the Codes and Ordinances Committee can
resolve who they will send to the meeting .
Supervisor Whitcomb asked those Board members who attended the
Association of Towns meeting to provide a short written report .
Councilwoman Harrison asked how the vote on the resolutions at the
Association of: Towns meeting went ?
Councilwoman Grigorov said all resolutions passed , with controversy
on one . She will provide that information at the next Board
meeting .
Agenda Item No . 12 - Consent Agenda Items :
Councilwoman Grigorov asked that ( e ) Inlet Valley Archeological
Survey be discussed .
Mr . Frantz presented a map showing the 435 shuttle testings done
over six weeks at the site . The students dug to sterile soil of 24
to 60 inches in depth . Each shovel of dirt was sifted and
artifacts were picked out . When they were no longer getting any
TB Minutes 3 ; 7 / 94
Page 24 .
artifacts they stopped digging . In all the 100 + acres , field ( 1 )
found rocks arranged in a special configuration , and some
arrowheads . In field ( 2 ) , roasting pits were found . One hole was
found to have some sort of structure foundation . Field ( 3 ) and
field ( 4 ) nothing was found . It is intended to return to those
fields later this summer to confirm nothing is there . The parcel
of approximately 70 acres owned by the Mancini ' s was not dug as
they were concerned about liability .
Councilwoman Grigorov said that if the Mancini ' s every wished to
develop the land the Planning Board could require them to do
archeological research on it .
Mr . Frantz said if anyone comes before the Planning Board with a
proposal for this site , it would be his recommendation they be
required to do the same type of survey .
Preliminarily the indian town site does not appear to be here , but
historical documentation points to it being located opposite
Buttermilk Falls on the west side of the Inlet Valley .
Councilman Klein asked if the artifacts proves there once was an
indian village in the area ?
Mr . Frantz said yes , the diaries and historical reports from the
Sullivan expedition supports it being near there ,
Councilman Klein noted a correction of ( a ) Town Board minutes page
5 , February 7 and made the following motion . Resolved , that the
Town Clerk amend the minutes for the meeting of 2 / 7 / 94 , Page 5 ,
paragraph 2 , Agenda Item No . 8 , second sentence to read , " Items in
which there is not likely to be controversy are pooled together for
a single resolution " ; and the Town Board does approve and adopt the
minutes with the amendment as the official minutes for the meetings
held 2 / 7 / 94 , 2 / 11 / 94 , and 2 / 24 / 94 . Seconded by Councilwoman
Grigorov . Carried unanimously .
Motion made by Supervisor Whitcomb , seconded by Councilwoman
Grigorov that the Town Board approves and / or adopts the consent
agenda items 1. 2a - 12k resolutions as presented to the Town Board
on March 7 , 1994 . Carried unanimously .
Agenda Item No , 13 - Public Hearing Date , Local Law Extending Term
of Office Town. Supervisor :
Supervisor Whitcomb explained he spoke to the County Board of
Elections and they said the Town ' s of Ulysses and Newfield
currently have four year terms . The extension of the term would be
the Town Board ' s option subject to a mandatory referendum at the
next general election , Supervisor Raffensperger in her closing
i
TB Minutes 3 ; 7 / 94
Page 25 ,
address to the Town Board suggested the extension of the term of
office . There are pros and cons and which can be discussed during
the public hearing , the Town Board can remain neutral . The
electorate can decide with the appropriate information being
provided between now and the election .
Councilman Conley said before the Association of Towns meeting in
New York City he was generally opposed to this . Many of the things
that concerned him were addressed in New York City . It is
something that the electorate should decide .
The Town Clerk said the County would charge the Town for adding
this to the election machines , but it would cost much less this
year than if a special election were held .
Motion made by Councilwoman Valentino , seconded by Councilwoman
Harrison setting a public hearing to be held on April 11 , 1994 at
7 : 00 p . m , to consider a " LOCAL LAW EXTENDING THE TERM OF TOWN OF
ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " . Carried
unanimously .
Councilwoman Harrison suggested something be done to generate
public information regarding this issue . Perhaps a piece should be
sent to the Ithaca Journal .
Councilman Klein suggested that former Supervisor Raffensperger
correspond with the Ithaca Journal ,
Supervisor Whitcomb concurred , and said he will contact Mrs .
Raffensperger .
Agenda Item No . 14 - Agreement Tompkins County Transportation and
Human Services :
Supervisor Whitcomb pulled this item from this agenda as Attorney
Barney has reviewed the proposed agreement and advised it be
returned to the County for further revisions .
Agenda Item No . 15 - Payment to Tompkins County , Election Expenses :
Attorney Barney explained previously the County sent a series of
bills for payment of election expenses in the amount about $ 24 , 000 .
It is clear there is an ability to charge back to Towns the portion
of the expenses for the operation of the polls within the Town ,
( supplies , voting book , etc . ) It looked as if the County had taken
their entire election budget and allocated an amount to each of the
municipalities . There are two ways the Town can pay the election
expenses . One is for the Town to write a check to the- County and
include it as part of the budget for the year , and the other is for
the Town to decline to pay by check and the County can add the
amount to the tax bills as an added tax for election expenses .
TB Minutes 3 / 7 / 94
Page 26 .
There was an opinion by the Comptroller or Attorney General which
said all the expenses the County incurs are payable by the Town .
Based on that opinion a number of Towns paid a large amount of
money over a period of time . That same opinion rendering authority
later said the Towns only had to pay for direct operating expenses
of the polls ,. Therefore , several towns are taking the position
they overpaid in earlier years and they will not pay now until
those overpayments are caught up .
The former Supervisor and Mr . Barney concluded the County was
acting in good faith , and for the Town of Ithaca to take the former
position may not be a good thing to do . Supervisor Raffensperger
then rethought that decision , therefore it is on the agenda now .
Councilwoman Valentino asked how the County derived the direct
charges ?
Attorney Barney said the County gave a detailed list of items and
how they were allocated to the various municipalities .
Councilwoman Grigorov noted the Town pays the election inspectors
directly .
Mrs . Noteboom asked if the listing showed what companies the County
bought the supplies from ? In smaller times the Town Clerk
purchases the supplies , and the amount of $ 8 , 000 for supplies seems
excessive . If: the expense was added to the tax bill it would be an
add on like a special district charge .
Attorney Barney said it would be an ad valorem charge based on the
assessment .
Councilwoman Grigorov said if it were added to the tax bill , there
would be no way the Town could review the bill and have a say about
how much the County was charging .
Ms . Alario said a detailed list of $ 8000 for the 1992 charges was
received in 1993 , and it was not felt the charges were out of line ,
there was one area in miscellaneous they did not completely
explain . The 1993 charges were for approximately $ 9000 .
Supervisor Whitcomb said in deciding whether to pay these , it would
set a precedent for the 1992 , 1993 bills and future bills .
The Town of Dryden is not paying the bills , and it will be added to
the tax bill next fall .
Ms . Alario said the Town could take on the responsibilities
themselves which could cost a great deal more .
TB Minutes 3 % 7 / 94
Page 27 ,
Councilwoman Valentino said if they are legitimate fees the Town
should just pay them .
Councilman Klein asked what the breakdown of division of the bills
was based on , was it based on percentage of population ?
Attorney Barney said he felt was based on expenses incurred for the
Town of Ithaca .
Councilwoman Harrison said she feels it is something the community
should pay for .
Attorney Barney said the Town could contest the charges and say the
Town has paid too much previously .
Mrs . Noteboom said she would not like to see the charges added to
the tax bill .
The Town Board asked the Town Clerk and Assistant Budget Officer to
review the charges and bring this back to the Board in April .
Agenda Item No . 16 - Benefit Tax Assessment Exemption , Tompkins
County .
Mr . Walker said the parcel in question is an eight acre parcel
bounded on the left by the railroad track , on the right by the
Inlet Valley , and the north by Buttermilk Falls Road . The water
main runs along the old Buttermilk Falls Road and is still a legal
right of way to the property . The County owns the lot and it is in
the floodplain. . It has been used in the past for mining top soil ,
and for storage of pipes . Water is accessible to the property .
The County is contending they will never build on it . Legally
there is no restrictions from building on the parcel other than it
is in the flood plain , and there may be wetlands . There is a sewer
charge which is not directly available to the land . Mr . Walker
recommended the refund of the sewer benefit .
Across the way is another lot that has three water units , which is
a similar piece of land ( Parcel 8 ) owned by the Marion ' s which is
less likely to be developed .
The assessment on the County ' s eight acres is $ 67 , 500 , the
assessment on Parcel 8 is $ 10 , 000 . The difference is attributable
to the Marion ' s asking for a reduction due to the land not being
suitable for development , but the County did not bother since the
land is tax exempt with the exception of special assessments .
Under the benefit assessment formula if the Town Board determines
a parcel is not buildable they can waive the benefit assessment .
The determination of that falls into legal issues .
TB Minutes 3 / 7 / 94
Page 28 ,
Attorney Barney said it gets back to whether the property is
benefitted by the water and sewer . The benefit is measured because
it is there , it is immaterial who owns the property or what is
planned to be done with it , unless there is something precluding
them from doing something with it . If you have no restriction for
building , the! fact you choose not to build should not matter .
Mr . Walker explained the exact locations of the water and sewer
service from a map to the Board . Mr . Walker hesitated to waive all
benefits on publicly owned land because the County Highway facility
has water and they use it , there is also water available to the
State parks . The land may be considered unbuildable if it had a
conservation easement , or if it were dedicated to the State parks
who may put a restriction on the land not to develop it .
A meeting was held with the State Parks officials , to introduce the
dedication proposal . They did not have an objection as it would
give the State ownership of the land on both sides of the Inlet .
Ward Hungerford , Tompkins County Highway Manager said the County
may considering doing this .
Councilwoman Harrison asked what kind of shape the land was in now ?
Mr . Walker said Buttermilk Falls is a paved roadway it has been
leveled and is fairly flat . There are some areas which would be
marginal wetlands . A permit was needed from the DEC when the water
lines were installed . If someone wanted to build a house they
would have to follow the floodplain regulations .
Mrs . . Noteboom mentioned if the State Parks were given the other
piece they may decide to extend the Buttermilk Falls State Park
because it may connect the parcels .
Councilwoman Harrison asked if the State Parks would be able to
sell the property if they chose to ? They could develop the land
for State Park facilities and make use of the water and sewer .
Does the Town charge the water and sewer benefit to the State
Parks ?
Attorney Barney said yes , they could sell it with an act of the
State legislature .
Mr . Walker said State Parks are charged based on the consumption .
Large users are charged based on consumption rather than on
frontage .
Councilwoman Harrison said if this parcel were to become a part of
the State park it would not change the amount of money they are
paying in benefit assessments unless it were developed later .
TB Minutes 3 ,17 / 94
Page 29 .
Councilman Klein said it was interesting the assessment is $ 67 , 500
on a piece of land considered useless . The County is taking the
attitude it is inaccessible and could never be developed , but then
why would the County Assessment Department put such an assessment
on it ?
Mr . Walker said the parcel is listed on the exempt portion of the
tax roll .
Attorney Barney suggested not refunding the water benefit
assessment , if the status of the land changes in the future then it
will be reconsidered .
Councilwoman Harrison said the sewer is on Five Mile Drive and is
not available! to this site because the only way to get it there
would be to cross the creek or railroad tracks .
Councilwoman Valentino asked if this were the only parcel which was
in the position of not being able to have sewer ?
Mr . Walker said parcel ( 8 ) is also in the same situation , and they
are only paying the water benefit charge .
Motion made by Councilwoman Harrison authorizing the refund of the
sewer benefit assessment to Tompkins County for the tax parcel 31 . -
2 - 14 , and the Town Engineer shall correspond with Ward Hungerford
informing him of the refund and the reasons the Town Board chose
not to issue a refund for the water benefit assessment . Seconded
by Councilman Conley . Carried unanimously .
Agenda Item No . 17 - Benefit Tax Assessment Exemption :
Motion made by Councilwoman Valentino , seconded by Councilwoman
Grigorov authorizing a refund of 1 . 25 units of sewer benefit charge
in the amount of $ 97 . 50 to Mr . and Mrs . Earnest Hardy , 238 Enfield
Falls Road . Carried unanimously .
Motion made by Councilwoman Harrison , seconded by Councilwoman
Valentino authorizing a refund of ( 1 ) unit of sewer benefit charge
in the amount of $ 78 . 00 be made to Mr . and Mrs . Harry King , 920
Elmira Road . Carried unanimously .
Agenda Item No . 19 - County Cable Commission :
Councilwoman Valentino explained several municipalities and a
representatives from the County met to discuss the possibility of
forming a County Cable Commission . Many years ago there was a
commission . An ad hoc committee was set up to review the by- laws
and workings of the previous commission . The committee made a
recommendation the previous by - laws could be put in effect now with
TB Minutes 3 / 7 / 94
Page 30 ,
minor change; . The committee is asking for a commitment from the
municipalities to continue making progress towards developing a
County Cable Commission .
Motion made b-y Councilwoman Valentino that the Town Board agrees to
participate in the formation of an intermunicipal commission to
deal with issues of municipal cable television franchising in
Tompkins County , and hereby appoints Councilwoman Valentino to
represent the Town in formation of an agreement , and the Town Board
directs a copy of this resolution be sent to Mayor Ted Wixom ,
Village of Lansing . Seconded by Councilman Conley . Carried
unanimously .
Agenda Item No . 20 - Investigation Deficiencies Cable Franchise
Payment :
Councilwoman Valentino stated the City of Ithaca has had their
Attorney negotiating with American Community Cablevision because
they felt ACC was not correctly paying the City for the franchise
fee tax . ACC was only sending the City money based on the cable
service , the City contract is quite clear that it covers other
items like advertising and rental of equipment . ACC was not
applying those monies to the City .
The Town of Ithaca contract wording is very similar . It appears
ACC has also been deficient in the amount franchise fee tax they
have been forwarding to the Town .
Councilwoman Valentino asked that the Attorney for the Town be
authorized to investigate the City problem and see if the Town
should pursue this issue in the same manner .
Motion made by Councilwoman Valentino , seconded by Councilman
Conley authorizing the Attorney for the Town to investigate the
arrangements and possible deficiencies in franchise payments by the
American Community Cablevision including communication with the
City of Ithaca to determine what their investigation produced and
how they resolved the issue , and the Attorney for the Town is to
make a report: and recommendation to the Town Board so they may
discuss the next procedure to be followed . Carried unanimously .
Agenda Item No . 18 - Interviewing Committee Planning Board Members :
Motion made by Supervisor Whitcomb , seconded by Councilman Klein
directing the Town Clerk to advertise for prospective candidates to
serve on the Planning Board , and appointing Councilwoman Harrison
and Councilwoman Grigorov to serve on the Planning .Board Members
Interviewing Committee . Carried unanimously .
TB Minutes 3 / 7 / 94
Page 31 .
Agenda Item No . 21 - Class Action , Consolidated Rail Corporation :
Attorney Barney stated the Town was served with papers in the
context of whether the Town would be included in part of a class
action .
Conrail believes they are over assessed and are paying a
disproportionate amount of taxes . Conrail is suing some major
entities they pay taxes to . The Court in its motion said the suit
should cover everyone Conrail pays taxes to , including the Town of
Ithaca .
The Town has a choice to accept the designation of being part of
the class whereby the Town will be bound by the outcome of the
lawsuit . The Town would be defending the lawsuit without expending
much money in this case .
The second choice is to have the Town opt out of the claim by
sending a notice to the Court that the Town does not want to be
part of the claim . That would mean the Town won ' t be bound by the
outcome of the lawsuit , however Conrail will then probably file
separate action against the Town of Ithaca . If the case goes to
the Supreme Court and Conrail wins they will then file against each
entity , if Conrail loses the same result will occur by appeal .
Attorney Barney recommended the Town take the first choice of being
included in the class and let the larger entities defend the
lawsuit on behalf of the Town .
Motion made by Councilman Conley , seconded by Councilwoman Grigorov
that the Town of Ithaca adhere to the advice of the Attorney for
the Town that. the Town take no action in the Notice of Class
Certification by " Consolidated Rail Corporation against the State
Board of Equalization and Assessment et al " , thereby the Town would
remain in the class action and be bound by the outcome and allow
the attorneys for the other named entities to undertake the defense
of the class action .
Councilwoman Harrison asked if the other entities would assess us
for the legal fees ?
Attorney Barney said he was not sure , if the Town were the
plaintiff they would be assessed because the Attorney ' s fees come
out of the reward before it is divided . No mention has been made ,
if the Town were assessed given the proportions of the other
entities it would not be a great deal of money .
Motion carries'. unanimously .
TB Minutes 3 / 7 / 94
Page 32 ,
Agenda Item No . 22 - Town Park and Open Space Acquisition Trust
Fund :
Supervisor Whitcomb said the Town Board has not resolved the
generic issuE' of the Town not having a fund to receive money " in
lieu of park: land " , and the Town does not have a formula or
mechanism of what those contributions should be .
Candace Cornell , Planning Board Chair and George Frantz , Assistant
Town Planner have done a great deal of research on what other
communities have done and can provide that information for
research .
Supervisor Whitcomb suggested this issue be referred to the
Planning Committee to review and make recommendations to the Town
Board .
Councilwoman Valentino said she thinks it is a good idea to have
the formula and think about receiving payment in lieu of park land
for areas where it may not be desirable to have a park . However ,
the Town has to be careful how it is drafted because there will not
always be the same Town Board and Planning Board . Others may think
it may be more desirable to receive money than to preserve land .
The Planning Committee while drafting these guidelines needs to
take that into consideration .
Supervisor Whitcomb agreed one method should not appear to be more
advantageous than the other to a developer or the Town , so the
formula can be applied to each specific case . In some cases the
Town should receive land as a park , but in other cases where a park
is not advisable in a certain area money should be received .
Councilwoman Grigorov said it will be hard to determine if someone
wants to give a park but the Town doesn ' t feel a park is necessary .
Attorney Barney said he is not sure if this issue is the same as an
in lieu of park situation . The payment in lieu of park has to be
for parks in the vicinity of where the development is occurring in
the neighborhood . You could not take money for a development on
South Hill and build a park in the northeast . This issue is to
create a fund where a developer voluntarily wanted to make a
contribution , and the Planning Board recognizing the voluntary
contribution chooses to waive the requirement of a park . It may
not be possible to make it compulsory .
There is no place for the money to go right now . Under those
circumstances you would not be limited to the money having to be
devoted to having a park in the same area . This would be a
townwide fund where if the developer were interested in making a
contribution but the Town did not think a park was necessary in the
TB Minutes 3 / 7 / 94
Page 33 .
area of the development then the Town may proceed with reviewing
the development . It would have to be a voluntary contribution .
Mr . Walker said he felt the intention should be compulsory and that
does require specific separate funds for neighborhood parks . Ms .
Cornell did intend for it to be so in particular cases such as
subdivisions where there is no good location for a park on the
parcel but there would be one across the street . The critical
thing is to update the park and open space plan to identify park
locations and. the neighborhoods they would serve in order to be
consistent with zoning and the Comprehensive Plan . The Town has a
Park and Open Space Plan which should be a high priority for review
in 1994 to make a determination of what recreational needs are in
different sections of the Town based upon the potential
development .
Councilwoman Grigorov said regardless of the long term ideas of
that , the Town needs a fund for monies to go into to . The Town
could have a fund with no restrictions as long as it were voluntary
contributions . Then eventually it could be done as Mr . Walker
suggested , that would not preclude the Town making the study of the
parks and making it a required donation .
Mr . Walker said there also needs to be a way to compute a relative
value whether it is an in lieu of payment or not . If. the Planning
Board looks at. a park site or subdivision and makes a determination
a park would work but it is not the best thing , and then the
developer determines a park is not needed in the area but is
willing to contribute to a general fund or a specific fund in the
neighborhood a formula of value has to be determined .
Councilwoman Grigorov felt the amount to be contributed would have
to be contingent on the size and the practicality of the location .
Mr . Walker said the Town already has a park fund .
Ms . Alario said that fund has been closed .
Supervisor Whitcomb said that fund could be reopened with a simple
resolution of the Town Board ,
Councilwoman F[arrison asked if that would be a useful thing to do
because if Mr . Little had only suggested Option A and the Town
Board felt it were appropriate where would the $ 1000 go ? Perhaps
that should be! reopened with the idea that the Town does need to
determine policies .
Supervisor Whitcomb felt there were two issues , one is the
establishment of a fund for the money , and the other is to devise
a formula of how much to receive .
TB Minutes 3 % 7 / 94
Page 34 ,
Councilwoman Harrison asked if there would be any provisions of how
the money would be spent if the Town Board opened a fund now ?
Attorney Barney said that could be stated in the resolution , by
saying it would be expended for acquisition or improvement of
existing parkas . The Town Board could set the limits . It may be
advisable to have the Planning Committee review it and send
specific directions back to the Town Board ,
Councilwoman Valentino said there are two or three components which
need to fit together .
Ms . Alario said how the account is set up depends on how the Town
Board decides the money should be spent . It would be a great deal
easier to sets up one fund once than to set up several over an
extended period of time .
Councilwoman Grigorov asked why the last fund was deactivated ?
Ms . Alario said because the Town was finished acquiring parks in
that way , it was established in 1977 . There has not been a fund
since 1984 . The money was transferred to general part town where
the Town now expends the money to maintain the parks .
Motion made by Councilman Klein , seconded by Councilwoman Harrison
that the Town Board directs the Town Planning Committee to submit
a recommendation to the Town Board on how a Town fund should be
established for the receipt of money paid to the Town in lieu of
park land including the development of a formula and policy to
determine the amount to be paid by a developer in such cases , and
a definition of the use for which the funds may be expended .
Mrs . Noteboom asked that the Planning Committee also allow the
formula and policy to provide flexibility for the receipt of small
donations made by a private individual or organization other than
a developer , possibly as a memorial or commendation .
Mr . Walker asked what the time frame was for a response from the
Planning Committee ?
Councilwoman Harrison asked what is the Planning Board presently
doing with the subdivisions coming to them for approval ?
Mr . Walker said the Planning Board is accepting park land , or
waiving the requirement . . _
Supervisor Whitcomb said he felt the issue was a high priority and
that the Planning Committee should submit their recommendation to
the Town Board as soon as possible .
TB Minutes 3 / 7 / 94
Page 35 ,
Councilwoman Harrison asked if there is any regulation which says
the park land. has to be in the area of the subdivision ?
Attorney Barney answered Article 277 , of Town Law .
Agenda Item No . 24 - Local Law Payment Moving Expenses New Out of
Town Employees :
Attorney Barney said a Local Law is necessary to authorize
reimbursement of moving expenses for new out of Town employees . In
the past it was authorized by resolution and the auditors felt a
Local Law was necessary .
Councilman Conley asked if this Local Law would set a precedent ,
that every time someone was hired from out of town they would be
paid ?
Attorney Barney said the Board could always make a decision as to
whether they needed to or not . The auditors are saying the
authority should predate the decision .
Motion made by Councilwoman Grigorov , seconded by Councilwoman
Harrison approving the proposal of a Local Law authorizing the
reimbursement of moving expenses , up to a set amount , incurred by
certain new employees moving to the Town from out of the area .
Carried unanimously .
Agenda Item No . Additional # 1 - Appointment Part - time Account
Clerk / Typist :
Mrs . Punger explained this item deals with a new part - time person
in the Accounting Department . The selection committee chose
Jacqueline White as the best candidate .
Motion made by Councilman Conley , seconded by Councilman Klein
appointing Jacqueline White , part - time Account Clerk Typist at
$ 6 . 00 per hour , charged to account A1340 . 00 , not to exceed 20 hours
per week . A six - month probationary period applies then a
performance and salary review will be made . Benefits limited to
the part - time status of the position . Carried unanimously .
Agenda Item No . 25 - Executive Session :
Motion made by Councilwoman Valentino , seconded by Councilwoman
Grigorov to ;move into Executive Session to consider possible
property acquisition . Carried unanimously .
The Town Board moved into Executive Session at 8 : 47 p . m . Motion
made by Councilwoman Valentino , seconded by Councilman Conley to
resume regular session . Carried unanimously . Regular session
resumed at 9 : 20 p . m .
TB Minutes 3 / 7 / 94
Page 36 .
No action was taken as a result of the Executive Session .
Agenda Item No . 6 - Report of Tompkins County Board of
Representatives :
Representative Tim Joseph told the Board the Public Works Committee
has postponed the construction on the Forest Home Bridge for
another year as a result of the Town Board asking that the issue of
one lane versus two lanes , and the historic trusses be resolved .
Representative Joseph asked the Board if they were opposed to the
lengthy postponement of the construction ?
The consensus of the Town Board was that the postponement was
warranted to insure all the issues were addressed and including
knowing if ISTEA funding would be received .
Councilman Klein asked Representative Joseph make sure the process
keeps moving so the situation does not result in the same problems
later .
Representative Joseph said he has heard from other County Board
members they are fully supportive of the one lane bridge with the
historic features being preserved as much as possible . The
problems have been internal in the department and within the Public
Works Committee , but always against the wishes of the full Board of
Representatives .
Councilwoman Harrison said she was surprised that the County
Engineer made statements such as , " if there is going to be historic
preservation and it is not covered by the ISTEA funding the Town
will be responsible for the cost " . It is not the County Engineer ' s
responsibility to make that sort of policy .
Mr . Joseph felt Councilwoman Harrison was correct , and that many of
the County Board members have not been happy with the way the whole
issue was handled and they are committed to make sure the project
conclude as promised .
Supervisor Whitcomb said the Board is relieved to know that .
Councilman Klein asked about the situation with the County Biggs
Building ?
Mr . Joseph said the County is in the processing of hiring a
consultant to do a space needs study to look at the possibility of
moving out of the building . The amount of money it would cost to
renovate the building to make it efficient for use and to get the
air quality reasonable poses the question of whether the County
should be there . It will be a four to six month process to perform
the study , and. then the decision will be made .
TB Minutes 3 / 7 / 94
Page 37 .
Most of the sick workers have had their examinations by the
Worker ' s Compensation doctors . When those reports are available
action will be taken to resolve the issue .
Agenda Item No . 26 - Adiournment :
Mrs . Noteboom reported her Deputy Sharon Lewis has tendered her
resignation effective March 18 . An advertisement will be published
and interviews will be held to select a replacement as soon as
possible .
Motion made by Councilwoman Valentino , seconded by Councilwoman
Harrison to adjourn as there was no further business to come before
the Board . Carried unanimously .
Meeting adjourned at 9 : 25 p . m .
Respectfully submitted ,
i
Joan Lent Noteboom
Town Clerk
* * * * REGULAR TOWN BOARD MEETING - April 11 , 1994 , 5 : 30 p . m .
* * * * PUBLIC HEARING - April 11 , 1994 , 7 : 00 p . m . : Local Law
Supervisor Term of Office .
Town Board Meeting 3 / 7 / 94
Agenda Item No . 4a
Developmental Disabilities Services - Request for Reduction
of Speed Limit Rt . 96
Resolution No . 63
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby directs the Town Engineer to correspond with the New York
State Department of Transportation to request a speed limit
reduction to 45 mph on Rt . 96 West in the Town of Ithaca between
Lakeside Nursing Home and the Tompkins Community Hospital ; and be
it further
RESOLVED , that a certified copy of this resolution be included
with the request , and that copies of the letter and certified
resolution be sent to Barry Stevenson , Traffic Engineer , NYSDOT ;
and Lawrence P, O ' Neil , Treatment Team Leader , OMRDD Developmental
Disabilities Services .
MOVED : Councilman Conley
SECONDED : Councilwoman Valentino Carried Unanimously
DATED : March "7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 10
SEQR - Local Law Rezoning Certain Properties Along Ridgecrest Road
From Residence District R - 30 to Residence District R - 15
Resolution No . 64
BE IT RESOLVED , that the Town Board , as Lead Agency for
environmental review , and having reviewed the proposed rezoning of
the land in question , a Short Environmental Assessment Form Pt . I
and Pt . II , and a recommendation for a Negative Determination of
Environmental Significance prepared by the Assistant Town Planner
and dated March 3 , 1994 , hereby makes a Negative Determination of
Environmental Significance for the proposed action .
MOVED : Councilwoman Grigorov
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 11
Local Law # 3 / 1994 - Enactment
Amending Zoning Map - Lands Along Ridgecrest Road
Resolution No . 65
WHEREAS , the properly advertised Public Hearing has been held
to consider the enactment of a " LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING MAP REZONING LANDS ALONG RIDGECREST ROAD FROM R - 30 TO
R - 15 " ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby
enact said Local Law ; and be it further
RESOLVED , the Town Board of the Town of Ithaca does hereby
approve and authorize the Town Supervisor to sign the Certificate
of Necessity for 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 .
Roll Call Vote
MOVED : Councilwoman Valentino Supervisor Whitcomb Aye
Councilwoman Valentino Aye
SECONDED : Councilman Klein Councilman Klein Aye
Councilwoman Grigorov Aye
DATED : March 7 , 1994 Councilwoman Harrison Aye
Councilman Conley Aye
Carried Unanimously
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Items 12b - 12k
Consent Agenda Items
Resolution No . 66
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby approves and / or adopts the Consent Agenda Items 12a - 12k
resolutions as presented to the Town Board on March 7 , 1994 ,
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
---Q '. , Lk 0&: A
rr
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 12b
Town of Ithaca Warrants
Resolution No . 66
WHEREAS , the warrant with the following numbered listing of
vouchers has been presented to the Town Board for approval of
payment ; and
WHEREAS , said warrant has 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 warrant .
General Townwide Vouchers : No . 89 - 149 $ 97 , 539 . 48
General Outside Village Vouchers : No . 42 - 71 31 , 712 . 35
Highway Vouche= rs : No . 29 - 62 63 , 705 . 42
Water & Sewer Vouchers : No . 39 - 64 323 , 200 . 66
Lighting District Vouchers : No . 4 - 6 11072 . 13
Capital Projects Vouchers : No . 7 138 . 01
Fire Protection Vouchers : No . 1 - 2 731 , 131 . 00
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
Lk -n .L".
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 12c
Bolton Point Warrants
Resolution No . 66
WHEREAS , the warrant with the following numbered listing of
vouchers for Bolton Point has been presented to the Town Board for
approval of payment ; and
WHEREAS , said warrant has 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 warrant .
Operating Fund Vouchers : No . 142 - 200 $ 164 , 867 . 99
Capital Projects Fund Vouchers : No . H39 - H40 21942 . 00
MOVED : Supervisor Whitcomb
SECONDED : Councilwoman Grigorov Carried Unanimously
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 12d
Interim Narrative Project Report - SARA Archival Grant
Resolution No . 66
WHEREAS , the Records Management Officer sent the Interim
Narrative project Report for the Archival Records Project to the
New York State Archives and Records Administration ( SARA ) on
February 25 , 1994 in order to fulfill the grant deadline
requirements of the project ; and
WHEREAS , the Records Management Officer has presented said
report to the! Town Board for their review and approval of the
submittal of the said report to SARA ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby approves
and does ratify submittal of the Interim Narrative Project Report
for the Archival Records Project to SARA as required under the
grant requirements .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
Qea' )v NL�t lnz6lw �
Joan lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 12e
Inlet Valley Archaeological Survey Progress Report
Resolution No . 66
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby approves the report entitled " Inlet Valley Archaeological
Survey Progress Report to Preservation League of New York State "
prepared by the Town Planning Department and dated March 2 , 1994 ;
and be it further
RESOLVED ,. the Town Board hereby authorizes submission of the
report to the Preservation League of New York State .
MOVED : SupervP_ sor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March ' , 1994
J tA-� A /fir r,�
Joan lent Noteboom , Town Clerk
TOWN BOARD MEETING 3 / 07 / 94
AGENDA ITEM N0 , 12f
PARTICIPATION IN CORNELL SUMMER CIVITAS PROGRAM
Resolution No . 66
WHEREAS , the Engineering Department has budgeted funds to
cover the cost of student interns and has traditionally
participated in Cornell University summer programs to provide
students with valuable work experience while receiving technical
support for the engineering staff , and
WHEREAS , the CIVITAS Program provides student interns at a
cost to the Town of just 15 to 25 % of the full employment expense
for these students , now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby
approve participation in the Cornell University CIVITAS Program for
the period May 1 , through August 31 , 1994 at a cost not to exceed
$ 4 , 000 . 00 , charged to account A1440 . 400 .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED :
A 'Ltd
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 12g
Bid Acceptance of New Tractor and Mower
Resolution No . 66
WHEREAS , bids were received for a new tractor and mower ; and
WHEREAS , both bids were responsible and acceptable to the
Highway Superintendent ; now therefore be it
RESOLVED ,. the Town of Ithaca Town Board accepts the respective
bid from S . C . Hansen , Inc . ; and be it further
RESOLVED , the Highway Superintendent is hereby authorized and
directed to purchase one new tractor and mower as specified for a
price of $ 43 , 895 . 00 with the monies to be taken from the DB5130 . 200
account .
MOVED : Supervisor Whitcomb
SECONDED : Councilwoman Grigorov Carried Unanimously
DATED : March 7 , 1994
Joan Lent Note!boom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 12h
Conservation Board Member Appointment
Resolution No , 66
WHEREAS , the Town of Ithaca Conservation Board has nominated
Mary Louise Russell , 955 Coddington Road to serve as a member of
the Conservation Board ; and
WHEREAS , the Town Board of the Town of Ithaca has reviewed and
considered the Conservation Board ' s recommendation and the resume
submitted by OKs . Russell ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby appoint Mary Louise Russell as a member of the Town of
Ithaca Conservation Board for a term of office effective
immediately through December 31 , 1995 ,
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
TOWN BOARD MEETING 3 / 07 / 94
AGENDA ITEM NO . 12i
APPROVAL OF REVISED JOB DESCRIPTION FOR
PARKS GROUNDS ASSISTANT POSITION
Resolution No , 66
WHEREAS , the Personnel Committee has considered the expanded
duties of this position since it was created and found a need to
more accurately describe its function before recruiting the new
candidate , and
WHEREAS , the Committee reviewed and revised the existing
description ,and has submitted this update for Town Board
consideration ; now therefore be it
RESOLVED ; the Town Board of the Town of Ithaca does hereby
approve the attached job description for the Parks Grounds
Assistant Position ,
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
Jo In Lent Noteboom , Town Clerk
TOWN BOARD MEETING 3 / 07 / 94
AGENDA ITEM NO . 12j
APPROVAL OF REVISED JOB DESCRIPTION FOR
DEPARTMENT SECRETARY - BUILDING / ZONING POSITION
Resolution No . 66
WHEREAS , the Personnel Committee has considered the expanded
duties of this position since it was created and found a need to
more accurately describe its increased responsibilities within the
department and also as support to the Zoning Board of Appeals , and
WHEREAS , the Committee reviewed and revised the existing
description and has submitted this update for Town Board
consideration , now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby
approve the attached job description for the Department Secretary -
Building / Zoning Position .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATES :
1
Joan Lent Noteboom , Town Clerk
TOWN BOARD MEETING 3 / 07 / 94
AGENDA ITEM N0 , 12k
APPOINTMENT OF JULIE BUNN AS TEMPORARY
PART - TIME PLANNING INTERN
Resolution No . 66
WHEREAS , the Planning Department has traditionally budgeted
and employed temporary student interns as support to the planning
staff , and
WHEREAS , Julie Bunn has worked in a satisfactory manner for
the Town since September 1993 through the Cornell University
CIVITAS Program but has exhausted her funding , and
WHEREAS , Ms . Bunn ' s experience and knowledge of her planning
duties would be beneficial as support to the planning staff if her
employment were extended on a temporary basis , now therefore be it
RESOLVED ,, the Town Board of the Town of Ithaca does hereby
approve the temporary appointment of Julie Bunn as Part - time
Planning Intern for up to 15 hours per week through May 31 , 19940
Salary is approved at $ 8 . 00 per hour , not to exceed $ 1500 . 00 and
charged to account B8020 . 110 . FICA and Workers ' Compensation
benefits apply , not to exceed 10 % of total gross salary .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
O&fir �
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 12a
Town Board Meeting Minutes
2 / 7 / 941 2 / 11 / 94 , 2 / 24 / 94
Resolution No . 67
WHEREAS , the Town Clerk has presented the Town :Board Meeting
Minutes for the regular meeting held February 7 , and for the
special meetings held February 11 , and February 24 , 1994 to the
Town Board for their review and approval ; and
WHEREAS , the Town Board has reviewed said minutes as written ;
now therefore be it
RESOLVED , that the Town Clerk amend the minutes for the
meeting of February 7 , Page 5 , Paragraph 2 , Agenda Item No . 8 ,
second sentence to read , " Items in which there is not likely to be
controversy are pooled together for a single resolution " ; and be it
further
RESOLVED , the Town Board does hereby approve and adopt the
said minutes with the amendment as the official minutes of the Town
Board for the meetings held February 7 , February 11 , and February
24 , 1994 .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
,,k -/ z rWN�
Joan ent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 13
Public Hearing - Local Law Extending Term of Office Town Supervisor
Resolution No . 68
BE IT RESOLVED , that the Town Clerk is hereby authorized and
directed to advertise for a Public Hearing to be held at the
regular meeting of the Town Board on April 11 , 1994 , at 7 : 00 p . m .
to consider a " LOCAL LAW EXTENDING THE TERM OF TOWN OF ITHACA
SUPERVISOR FROM TWO YEARS TO FOUR YEARS " .
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilwoman Harrison
DATE : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 16
Benefit Tax Assessment Exemption , Tompkins County
Resolution No . 69
BE IT RESOLVED , that the Town Board of the Town of Ithaca
authorizes the refund of the sewer benefit assessment to Tompkins
County for the Town of Ithaca Tax Parcel 31 . - 2 - 14 and ; and be it
further
RESOLVED ; the Town Engineer is hereby authorized and directed
to correspond with Ward A . Hungerford , Highway Manager informing
him of the ref= und along with the reasons the Town Board chose not
to issue a refund of the water benefit assessment .
MOVED : Councilwoman Harrison
Carried Unanimously
SECONDED : Councilman Conley
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 17
Benefit Assessment Refund - Hardy
Resolution No . 70
WHEREAS , Ernest and Jane Hardy , 238 Enfield Falls Road were
charged 2 . 25 units of sewer benefit on their 1994 tax bill for Town
of Ithaca Tax Parcel 33 . - 1 - 23 . 2 ; and
WHEREAS , the landowner has requested a modification of benefit
assessment and refund because the topography of the parcel limits
construction on the site ; and
WHEREAS , the Town Engineer has confirmed that an adjustment in
benefit assessment for sewer from the 2 . 25 units originally
assessed to 1 unit is warranted ; and
WHEREAS , taxes for this tax parcel have been paid in full ; now
therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby authorize a refund of 1 . 25 units of sewer benefit charge in
the amount of $ 97 . 50 , to be made to Mr . and Mrs . Hardy .
MOVED : Councilwoman Valentino
SECONDED : Councilwoman Grigorov Carried Unanimously
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 17
Benefit Assessment Refund - King
Resolution No . 71
WHEREAS , Harry and Bessie King , 920 Elmira Road were charged
( 1 ) unit of sewer benefit on their 1994 tax bill for Town of Ithaca
Tax Parcel 34 . - 1 - 15 ; and
WHEREAS , the landowner has requested a modification of benefit
assessment and refund because the property is not served by public
sewer ; and
WHEREAS , the Town Engineer has confirmed that an adjustment in
benefit assessment for sewer from the ( 1 ) unit originally assessed
to ( 0 ) units :is warranted ; and
WHEREAS , taxes for this tax parcel have been paid in full ; now
therefore be it
RESOLVED ,, that the Town Board of the Town of Ithaca does
hereby authorize a refund of ( 1 ) unit of sewer benefit charge in
the amount of $ 78 . 00 , to be made to Mr . and Mrs . King ,
MOVED : Councilwoman Harrison
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : March 7 , 1994
n"' tQ llC.0-tires_
Joal Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 18
Interviewing Committee - Planning Board Members
Resolution No . 72
WHEREAS , the Town of Ithaca Planning Board presently is in
need of new members to fill existing vacancies ; and
WHEREAS , the Town Board of the Town of Ithaca wishes to
advertise for persons interested in serving on the Town of Ithaca
Planning Board ; and
WHEREAS , the Town Board appoints a committee to interview
prospective candidates for the Planning Board ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby directs
the Town Clerk to advertise for prospective candidates to serve on
the Town of Ithaca Planning Board ; and be it further
RESOLVED , the Town Board of the Town of Ithaca hereby appoints
Councilwoman Ellen Z . Harrison , and Councilwoman Carolyn Grigorov
to serve on the Planning Board Members Interviewing Committee .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilman David Klein
DATED : March 7 , 1994
Q,, L+ -a au,
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 19
Town Participation in County Cable Commission
Resolution No . 73
WHEREAS , the municipalities of Tompkins County have formed a
committee to explore cooperation in administering cable TV
franchises in the County , and that committee proposes to start
discussions based on a possible revival of the structure of a
County Cable Commission formed in 1977 ; now therefore be it
RESOLVED , the Town of Ithaca Town Board agrees to take part in
the formation of an intermunicipal commission to deal with issues
of municipal cable television franchising in Tompkins County ; and
be it further
RESOLVED ; to that end the Town Board of the Town of Ithaca
hereby appoint= s Councilwoman Catherine Valentino to represent the
Town of ithaca in drawing up an agreement to form such a
commission ; and be it further
RESOLVED , the Town Board of the Town of Ithaca directs that a
certified copy of this resolution be sent to Mayor Ted Wixom of the
Village of Lansing , convener of the commission study group .
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilman Conley
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 20
ACC - Possible Deficiencies in Franchise Payments
Resolution No . 74
BE IT RE ..SOLVED , the Attorney for the Town is hereby authorized
and directed to investigate the arrangements and possible
deficiencies in franchise payments by the American Community
Cablevision including communication with the City of Ithaca to
determine what their investigation produced and how the City of
Ithaca resolved the issue ; and be it further
RESOLVED , the Attorney for the Town is to make a report and
recommendation to the Town Board so they may discuss if the Town
should proceed in the same manner as the City of Ithaca .
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilman Conley
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 21
Assessment Class Action - Consolidated Rail Corporation
Resolution No . 75
BE IT RESOLVED , the Town Board of the Town of Ithaca hereby
agrees to adhere to the advice provided by the Attorney that the
Town of Ithaca take no action in the Notice of Class Certification
by " Consolidated Rail Corporation against the State Board of
Equalization and Assessment et al " , thereby the Town of Ithaca
would remain in the class action , be bound by the outcome , and
would allow the attorneys for the other named entities to undertake
the defense oi= the class action .
MOVED : Councilman Conley
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : March 7 , 1994
Q"' Ti &
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No . 22
Park and Open Space Acquisition Trust Fund
Resolution No . 76
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby directs the Town Planning Committee to submit a
recommendation to the Town Board on how a Town fund should be
established for the receipt of money paid to the Town of Ithaca " In
" Lieu of Park Land " , including the development of a formula and
policy to determine the amount to be paid by a developer to the
Town in such cases , and a definition of the use for which the funds
may be expendE� d .
MOVED : Council-man Klein
Carried Unanimously
SECONDED : Councilwoman Harrison
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item No , 23
Little Subdivision - " In Lieu of Park Land "
Referral , Planning Board
Resolution No . 77
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby requests the Planning Board reconsider the issue of " In Lieu
of Park Land " regarding the Little Subdivision in view of the offer
by Mr . and Mr ., . Little to provide a conservation easement covering
( 8 ) to ( 10 ) acres on the land they are reserving for their home
area , and in view of their offer to provide a water line easement
that would be useful to the Town of Ithaca , and a limitation on the
other four logs ( B , C , D , E ) not to be further subdivided .
MOVED : Council-woman Grigorov
Carried Unanimously
SECONDED : Councilman Klein
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
TOWN BOARD MEETING 3 / 07 / 94
AGENDA ITEM NO . 24
APPROVAL TO ENACT A LOCAL LAW AUTHORIZING
REIMBURSEMENT OF MOVING EXPENSES
Resolution No . 78
WHEREAS , the Town has occasionally allowed reimbursement , up
to a set amount , for moving expenses incurred by certain new
employees moving to the Town from out of the area , and
WHEREAS , New York State Dept . of Audit and Control informed
the Town that such reimbursement requires a Local Law authorizing
such reimbursement , now therefore be it
RESOLVED ; the Town Board of the Town of Ithaca does hereby
approve proposing a local law authorizing the reimbursement of
moving expenses , up to a set amount , incurred by certain new
employees moving to the Town from out of the area .
MOVED : Councilwoman Grigorov
Carried Unanimously
SECONDED : Councilwoman Harrison
DATED : March 7 , 1994 y� - - 0
Joan Lent Noteboom , Town Clerk
Town Board Meeting 3 / 7 / 94
Agenda Item Additional # 1
Appointment of Jacqueline White as Part - time Account Clerk / Typist
Resolution No . 79
WHEREAS , the selection committee reviewed 27 resumes and
interviewed four candidates for the Account Clerk / Typist position ;
and
WHEREAS , the committee feels Ms . White possesses the necessary
skills and experience to successfully perform the duties of this
position ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby
appoint Jacqueline White , Part - time Account Clerk / Typist at $ 6 . 00
per hour , charged to account A1340 . 00 , not to exceed 20 hours per
week . A six - month probationary period applies after which time a
performance and salary review will be made . Benefits are limited
to the part - time status of this position .
MOVED : Councilman Conley
Carried Unanimously
SECONDED : Councilman Klein
DATED : March 7 , 1994
Joan Lent Noteboom , Town Clerk
C
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
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 Hall Bulletin Board
Date of Posting : February 24 , 1994
Date of Publication : February 25 , 1994
Q., I& n
T dn Clerk , Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Swo to and subscribed before me this day of
19 .
V ; yu E. POOLE
I� }TARY PUBLIC
STA E: OFNEWYORK N ry P&bfic
# 4646 427
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a Public Hearing will be held
Monday , March 7 , 1994 at 7 : 00 p . m . , at the Town of Ithaca ,
Town Hall , 126 E . Seneca Street , Ithaca , New York , to consider a
proposed local law rezoning certain properties amounting to
approximately 5 . 8 acres along Ridgecrest Road in the Town of Ithaca
from Residence District R - 30 to Residence District R - 15 and
adjusting -the official Zoning Map accordingly .
The Town of. Ithaca will at this time hear all persons in favor of
or opposed to said local law .
Joan Lent Noteboom
Town Clerk
PUBLISH : February 25 , 1994
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TOWN OF ITHACA
REPORT OF BUILDING PERMITS ISSUED
FOR THE MONTH OF NARC!! 1994
YEAR TO DATE
TYPE OF 4 OF B OF
PERMIT YEAR PERMITS AMOUNT PERMITS AMOUNT
SINGLE FAMILY ATTACHED 1994 0 0 0 0
RESIDENCES 1993 0 0 0 0
SINGLE FAHILY DETACHED 1994 2 359 , 000 3 459 , 000
RESIDENCES 1993 3 297 , 000 7 625 , 395
F1994 0 0 0 0
TWO FAHILY RESIDENCES 0 0 0 0
2 62 , 700 7 173 , 721
RENOVATIONS 1 8 , 500 3 18 , 500
1994 2 48 , 850 2 48 , 850
CONVERSIONS OF USE 1993 1 8 . 000 2 18 , 000
1994 0 0 2 27 , 000
ADDITIONS TO FOOTPRINT 1993 3 154 , 900 4 157 , 900
1994 0 0 0 0
HULTIPLE RESIDENCES 1993 0 0 0 0
BUSINESS 1 Ithaca Community Childcare 1 , 200
2 Coyote Loco 11 , 600
1 L ' Auberge 100 , 000
1 East Hill Plaza l 830
1994 5 114 , 630 7 211 , 072
1993 2 26 , 250 4 217 , 981
1994 0 0 0 0
AGRICULTURAL 1993 0 0 0 0
1994 0 0 0 0
INDUSTRIAL 1993 0 0 0 0
EDUCATIONAL 1994 1 CU Replace Library Annex Roof 100 , 000 1 100 , 000
1993 1 20 , 000 1 20 , 000
MISCELLANEOUS 1 Reinforce Balcony & Add Stairway 500
CONSTRUCTION 1 Deck 2 , 000
1994 2 2 , 500 4 18 , 500
1993 1 1 , 690 9 134 , 990
TOTAL NU11BER OF 1994 14 687 , 680 26 10038 , 143
PERMITS ISSUED 1993 12 516 , 340 30 1 , 192 , 766
TOTAL FEES 1994 14 11655 26 2 , 505
RECEIVED 1993 12 1 , 370 30 2 , 905
Date Preparedt April 5 , 1994
Andrew S . Frost
Building Inspector/ 21oning Enforcement Officer
TOWN OF ITHACA
Monthly Report - March 1994
TOTAL CERTIFICATE: OF OCCUPANCY ISSUED THIS MONTH 2
1 , 20 Marcy Court - outside wood deck .
2 . 340 Forest. Home Drive - kitchen and dining room addition and interior renovations .
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1994 . . . . . 18
TOTAL CERTIFICATE: OF OCCUPANCY YEAR TO DATE - 1993 44
COMPLAINTS INVESTIGATED THIS MONTH 5
1 , 157 Poole Road - building code - pending .
2 . Burtt Place - zoning & building code - pending .
3 . 119 - 121 Snyder Hill Road - property maintenance - abated .
4 . 23 Fainiay Drive - building without permit - pending .
5 . 132 Forest Home Drive - building code - pending .
From February .1994 :
1 . 220 Hayts (toad - use violation - abated .
2 . 117 Vera Circle - building code - abated .
3 . 1337 Slaterville Road - building code & zoning - pending .
From January 1994 :
1 . 845 Taughannock Blvd . - building code - pending .
2 . 614 Elmira Road - building code - pending .
3 . 148 Kendall. Ave . - building code - pending .
4 . 63 Whitetail Drive - building code - abated .
From August 1993 :
1 . 185 East King Road - zoning/ setback - abated ZBA variance .
From June 1993 :
1 . 215 Renwick Drive - unregistered automobile - pending , ZBA denied .
From February 1993f
1 , 155 Poole Road - ZBA conditions violated - pending .
From 1990 :
1 . 10 Buttermilk Falls Road - building code - pending , legal action .
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1994 20
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1993 18
TOTAL FTM VISITS THIS MONTH 106
Uniform Buildinq Code - 67
Local Law and Zoning Inspections - 14
Fire Safety - 1 :3 ( 1 school , 1 apartment [ 4 units ] , 9 businesses , 2 restaurants , 1 church )
Fire Safety Reinspections - 9 ( 4 apartments , 4 businesses , 1 restaurant )
Fire Occurrences - 1 ( college dorm - trash can )
Fire Occurrence Reinspection - 2 ( 1 house , 1 restaurant )
TOTAL FIELD VISITS YEAR TO DATE - 1994 284
TOTAL FIELD VISITS YEAR TO DATE - 1993 . . . . . . . . 276
TOTAL SIGN PERMITS THIS MONTH 101 Spruce Nay & 10- 12 Judd Falls Road 2
TOTAL. SIGN PERMITS YEAR TO DATE - 1994 2
TOTAL SIGN PERMITS YEAR TO DATE - 1993 1
ZONING BOARD OF APPEALS
1 MEETING - 4 NES•1 CASES - AGENDA ATTACHED
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARI24GS
WEDNESDAY , MARCH 9 , 1994
7 : 00 P . H .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS ILMREBY GIVEN
that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca
on Wednesday , MarCh 9 , 1994 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR
Entrance , WEST Side ) , Ithaca , N . Y . , CQ UENCING AT 7 : 00 P . M . , on the following matters :
AFoeal of Stephen De Gloria , Appellant , requesting a variance from the requirements of
Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to permit an existing
single family residence to maintain side yard building setbacks of 1399± feet ( 15 foot
side yard building .setbacks required ) . A Special Approval , under Article XII , Section
i� 54 is also requested in order to permit the construction of an outside wood deck on the
Gbuilding ' s north side , with said deck being 13 . 9± feet from the north side property
line . Said building is located at 106 Clover Lane , Town of Ithaca Tax Parcel No . 59 - 2 -
5 , Residence District R- 15 .
APoeal of David Bowlsby , Appellant , requesting a Special Approval from the Zoning Board
of Appeals , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to
; maintain an accessory building along Cayuga Lake , on a non-conforming building lot
if iflocated at 829 Taugh.annock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 38 , Residence
c;�District R- 15 . Said building lot is non- conforming since it is less than 15 , 000 square
Id feet in area and legs than 100 feet in lot width .
� Appeal of James Scarpulla , Appellant , requesting a variance from the requirements of
.L. Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to
maintain a single family residence with a 14 . 1± foot west side yard building setback ( 15
Qi foot setback required ) at 185 East King Road , Town of Ithaca Tax Parcel No . 45 - 1 - 54 ,
dResidence District R- 15 .
Appeal of John Lamb , Appellant , Richard Jump , Agent , requesting a Special Approval from
the Zoning Board of Appeals , under Article IV , Section 13 of the Town of Ithaca Zoning
Ordinance , to construct a two car garage with an attached carport within the required
front yard of a building lot and approximately 10+ feet from the street line , at 901
Zj Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 -41 , Residence District R- 15 .
The average slope of the land , at the front yard , exceeds an 8% fall from the street
Cline . In addition , the appellant . further requests a variance from the requirements of
Section 13 , to construct said garage with a building height of 28+ feet ( 15 foot maximum
height allowed ) , measured from the roof ridge to the lowest point of a supporting column
at ground level .
Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all
persons in support of: such matters or objections thereto . Persons may appear by agent
or in person .
Andrew S . Frost
Building Inspector/ Zoning Enforcement
Officer
273 - 1783
Dated : February 29 , 1994
Publish : March 4 , 1994
TOWN CLERK'S MONTHLY REPORT
TOWN Of: Ithaca NEW YORK ( Month) March 19 94
TO THE SUPERVISOR:
Pursuant to Section 27, Subd. 1 , of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection
with my office, during the month above stated, excepting only such fees and moneys the application and payment of which are otherwise provided
for by law:
NUMBER OF LICENSES SOLD OR ISSUED
LICENSE CATEGORY COMMISSION COMMISSION FREE VOID TOTAL USED
SPORTSMAN
FISHING - SEASON 1100
HUNTING (SMALL GAME)
BIG GAME (DEER b BEAR)
TRAPPING
JUNIOR ARCHERY (14- 15 YEARS)
FISHING - 3 DAY
JUNIOR TRAPPING (UNDER 16 YEARS)
SENIOR (65 + / MILITARY DISABILITY)
NON - RESIDENT BIG GAME (DEER & BEAR)
NON - RESIDENT HUNTING SEASON (SMALL GAME)
NON - RESIDENT FISHING - SEASON
NON - RESIDENT HUNTING - 5 DAY SMALL GAME
NON - RESIDENT FISHIIJG - 5 DAY
BOWHUNTING (BIG GAME LICENSE REQUIRED)
MUZZLELOADING (BIG GAME LICENSE REQUIRED)
JUNIOR HUNTING ( 12- 15 YEARS)
LOST LICENSE CERTIFICATE
TOTAL SOLD XXXXXXXXXX: 'XXXXXXXXXX FEES TO TOWN
COMMISSION @ 1* $ XXXXXXXXXX ADD - TOTAL 1 . 00
.
COMMISSION @ $ COMMISSIONS $
5 Marriage Licenses No. 6 to No. 10 @ 8 . 75 $ 43 . 75
Marriage Certificates @ 10 00 10 . 00
1 Marriage Transcripts @ —
1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54 . 75
1010 — 1090 REAL PROPERTY TAXES $ INTEREST and PENALTIES $
2001 PARK and RECREATION CHARGES
2110 ZONING FEES $ 2115 PLANNING FEES S
2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSE $ FEE $ TOTAL
2540 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSES FEE S TOTAL
2544 15 DOG LICENSE - ppI&A46 � 2777251 -H to 2777265-D @ X2 . 00 30 . 00
62_ DOG LICENSE - R7175030-D to R7 175091 -A @ $ 2 . 00 124 . 00
2545 OTHER LICENSES Tax Searches — 3 @ $ 5 . 00 15 . 00
2555 BUILDING PERMITS Zoning Ordinances — 1 @0 5 . 00
2590 OTHER PERMITS Copies 3 . 00
2655 MINOR SALES N_Qise Ordinance — 1 @ $ 1_00 1 . 00
2770 OTHER UNCLASSIFIED REVENUES Comprehensive Plant x$ 9 . 00 18 . 00
DQg_lnLtmeration - 77 @_$ 1 . 00 77 . 00
i
TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 327 . 75 '
Amount paid to SUPERVISOR for Games of Chance Licenses
Amount paid to SUPERVISOR for State Share of Bingo Licenses 13 . 00
Amount paid to D.E.C. for Conservation Licenses
Amount paid to COUNTY TREASURER for Dog Licenses 154 . 70
Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 56 . 25
Amount paid to for Lottery Tickets
Amount paid to State for Sales Tax on Sale of Dogs
SPCA Contract 422 . 30
jReceived Payment of these amounts: TOTAL DISBURSED . . . . . . . . . . . . . . . . $ 974 . 00
i
April 4 , _ 19 94 _ Supervisor
STATE OF NEW YORK, COUNTY OF Tompkins TOWN OF Ithaca
Joan Lent Noteboom being duly sworn, says that S he is the Clerk
of the Town of Ithaca that the foregoing is a full and true statement
of all Fees and Moneys received by In er during the month above stated, excepting only such Fees the application and payment of which are
otherwise provided for by law. p
Subscribed and Sworn to before me this X (�
J
' J
day of _ 199 P. F Ti T F. Pn (- E Town Clerk
LiC
/ /9 , tit YORK
�0 30 U-4646-427
Note — Prepare i dup m e. Remit original to Supervisor, retain copy for Clerk's record.
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Agenda Item # 3e
TOWN OF ITHACA
RECEIVER OF TAXES
March 1994
Monthly Report
1994 Tax Warrant - Town of Ithaca
Total Town Warrant - 1994 $ 31269 , 479 . 14
Total Town Warrant Paid to Supervisor - 1 / 94 : 11745 , 000 . 00
Total Town Warrant Paid to Supervisor - 2 / 94 : 1 , 524 , 479014
Balance Due . - 0 -
Miscellaneous Payments to Town Supervisor
3 / 23 Fee : Cks . Returned for Insufficient Funds $ 18 . 00
3 / 23 Interest : Receiver of Taxes Checking Account 16 . 28
( February )
TOTAL MISC . PAYMENTS TO SUPERVISOR - March 1994 : $ 34 . 28
Taxes Collected : 3 / 94 $ 137 , 902 . 90
Interest & Penalties Collected : 3 / 94 21758007
TOTAL COLLECTED - March 1994 : $ 140 , 660 . 97
1994 In Lieu of Taxes
Due : Tompkins County Medical Office Associates $ 91613 . 30
National Cash Register ( NCR ) 10 , 926 . 30
* * Ellis Hollow Associates 38 , 009 . 31
Cornell University - ( Benefit Assessments ) 61420 . 00
* * Ithaca Elm / Maple Houses Incorporated
TOTAL IN LIEU OF TAXES BILLED : $ 64 , 968 . 91
Payments Recv ' d : T Co . Medical Office Associates - 91613 . 30
National Cash Register ( NCR - 10 , 926 . 30
Cornell University - 61420. 00
BALANCE DUE IN LIEU OF TAXES : $ 38 , 009 . 31
* * Represents amount billed , it is unknown if contract negotiations
will result in same amount received .
* * In Lieu of Tax payment from Ithaca Elm / Maple Houses Incorporated ,
West Village Place , is unknown until received in April / May .
Payment based upon gross basic rents , calculated by HUD .
i
i
3 / 94 Receiver of Taxes Report
Page 2 .
1994 Tax Warrant - Tompkins County
Total County Warrant : $ 31442 , 569 . 82
2 / 94 Total Payments : Tompkins County - 21230 , 000 . 00
3 / 2 Payment : Tompkins County - 50 , 000 . 00
3 / 23 Payment: : Tompkins County - 30 , 000 . 00
BALANCE DUE TOMPKINS COUNTY : $ 11132 , 569 . 82
Miscellaneous Payments To Tompkins County
2 / 2 Installment Service Charges $ 13 , 488 . 85
3 / 23 Interest : Receiver of Taxes Checking Account 361 . 09
( February )
ASSISTANT BUDGET OFFICER REPORT
FOR THE MONTH OF MARCH 1994
The Finance Committee met before the March 7 , 1994 Town Board
meeting . They adopted the duties of the committee , reviewed the
vouchers , and appointed tellers to audit petty cash .
Our records management is right on schedule . The majority of
our records have been done . We hope to tackle the State Aid for
Youth and bond schedule files this Spring .
On 03 / 14 % 94 we renewed a Repo of $ 803 , 872 . 88 for ninety - one
days at 3 . 300 . The rates have finally gone above three percent ! !
Jacqueline White is our new part - time Account Clerk Typist .
She began 03 / 14 / 94 and will be working twenty hours per week doing
book work and computer entries .
The firm of Ciaschi , Dietershagen , Little and Mickelson , our
independent auditors examined our records on the week of March 21 ,
1994 . Their audit report is expected to be ready shortly .
Respectfully Submitted
Sally E . Alario
Assistant Budget Officer
Purchasing Agent
4 / 6 / 94
k"Ck.
PERSONNEL MANAGER ' S MONTHLY REPORT
TOWN BOARD MTG . 4 / 11 / 94
The Personnel. Department has completed the process of recruiting
candidates for three positions within the Town : Town Planner ,
Deputy Town Clerk and Parks Grounds Assistant . Interviews of four
Town Planner candidates is scheduled for April 12 ; five Deputy
Town Clerk candidates will be scheduled this week ; six candidates
have already been interviewed for the Parks Grounds Assistant and
await a final decision .
The Personnel Committee discussed three issues on March 11 , 1994 :
1 . Reimbursement for work related education expenses
- will consider on an individual basis
2 . A change in the Parks Grounds Ass t . salary range
range was not changed
3 . Offering meal allowances to hourly workers
- approved and sent to Town Board for consideration
An in - house Quality Training Workshop was provided for clerical
and technical employees employed in the past two years .
Employment taxes and salaries ( Town of Ithaca and SCLIWC
combined ) for the period Jan . 1 - March 30 , 1994 have been paid ,
balanced , and .reported as follows :
Total Gross Salaries $ 381 , 199 . 19
Federal Income Tax 39 , 592 . 32
Social Security 45 , 685 . 22
Medicare 10 , 684 . 51
NYS Income Tax 16 , 479 . 13
TOWN OF ITHACA
AI1'l 1DA.V1: 7' Ofil POS '.l' 1: NG AND VUL' LICA1110N
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. )
--- ( Scc ' Itl: aclled )
Location of sign board used for posting : Town Clerk ' s office
126 East Seneca St .
•
Date of Posting : March 17 , 1994 Ithaca , NY 14850
Date of Publication : March 199 1994
OCLry
Tow Clerk , Town of It aca
STATE OF NEW YORK )
COUNTY OF MTKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this day of
LEAN B. CARPENTER
Notary Public, State of New York
NZ
Qualifies! in Tompkins Co. Wo. 4797177 Notary Public ,
My Commission Expires April 30, 1 9. 1?
TOWN OF ITHACA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN , that the Town Board of the Town of
Ithaca will hold a Public Hearing , April 11 , 1994 at 7 : 00 p : m . , 126
East Seneca Street , Ithaca , New York in order to consider a' " LOCAL
LAW EXTENDING THE TERM OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS
TO FOUR YEARS " ; and
PLEASE 'TAKE FURTHER NOTICE , at the aforementioned time and
place all interested citizens will be afforded the opportunity to
voice their approval or opposition of the said Local Law .
Joan Lent Noteboom
Town Clerk
March 15 , 1994
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