HomeMy WebLinkAboutTB Minutes 1993-08-09 OF 1P
- _ - TOWN OF ITHACA
21
126 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273=8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
TOw11 13 o rd Mee I i n
Augus t 9 , .l 993
® 5 : 30 p . m .
l. • Call to Order
2 . . 1 ' ledee of Allegiance
3 . Report of 'Town Officials
a • Town Supervisor
h . Town Engineer
c. . Town II i ghwav Superintendent
d . ' Town Huilding Inspector / Zoning Officer
e . 'Town 1 ' l anner
`t • Report of 'Town Committees
5 . Report of ' Tompkins Couniv 13oard of Representatives
b . PERSONS 1. 0 HEL I-IF� ARU
41 . PUBLIC HEARING . 7 : 00 p . m . - To consider a Local Law rezoning a
Portion of 'Town of Ithaca Tax Parcel 33 - 3 - 1 , 2 from Light
Industrial to R - 30 , and from Business C to Light Industrial on
Elmira Road / Seven Mile Drive .
n . Consider SL-: OR related to a Local Law rezoning a portion of Town
Of Ithaca Tax Parcel 33 - 3 - 1 . 2 from Light Industrial to R - 30 ,
and from Business C to Light Industrial on Elmira Road / ,Seven
Mile Drive ,
9 . Consider adoption of a Local Law rezoning a Portion of Town of
Ithaca Tax Parcel 33 - 3 - 1 . 2 from Light Industrial to R - 30 , and
' from Business C to Light Industrial on
Drive Elmira Road / Seven Mile
10 . 14313LIC IILARIN ( i , 7r05 p . m . - TO consider a Local Law rzon
Portion of 'Town of Ithaca Wax Parcel 33 - 3 - 1 . 2 from eing a
Industrial to R - 30 , and from IJusiness C to It Llght
- 30 on Elmira
Road / Seven Mile Drive .
a .l Consider SEOR related to a Local Law rezoning a portion of
of Ithaca T Town
U ax Parcel 33 - 3 - 1 . 2 from Light Industrial to ,
® and from usiness C 12 - 30
to R - 30 on Elmira Road / Seven Mile Drive .
1. 2 . Consider adoption of a Local Law rezoning a Portion of Town of
Lthaca 'fax Parcel 33 - 3 - 1 . 2 from Light Industrial to R - 30 , and
from Business C to I1 - 30 on I� Imirn Road / Seven Mile Drive .
1. 3 . Consider concept of parking requirement reductions
commercial developments in larger
' 1' 13 Mtg . Agenda 8 / 9 / 93
Page 2 .
.1. 4 . Consider H. as ter n ifei �! hts Nark Lienefit District .
15 . Consider further results of SchickeI Water 1istrict and
I ) rotPosed ,Schickel Sewer District negotiations .
1. 6 . Consider authorization of, Snow and Ice Removal Contract and
C. OUI- t Il Otis e Lease wi th -' Tompkins County .
D1s CAI Ssioil of fuel Sttnply proposal
1. 8 . Consider modification of I. xpenditore of Highway Monics .
19 . Consider sale of surplus items .
241 . Consider purchase of new computers and accounting program for
the Accounting Department .
21 . Consider approval of Change Order No . 2 for Inlet Valley Water
and ,Sewer IinprovPmenIs , Contract No . 4 of the 1989 Capital
Improvement Program .
229 Consider Records Management Disposition Listing ,
23 . Consider ratification of Records Management Program , Inactive
Storage Grant f= inal Report , Phase 11 .
24 . Consider approval of South Hill ' frail alignment modification .
25 . Consider appointment to -Town of Ithaca Planning Board .
26- Consider approval of change of staff representation on the
Automated Data Processing Committce .
2 / . Consider. approval of JitIv 12 , 1993 , 'Town Boa r (I Meeting Minutes
2ti . Consi ( er approval of July 26 , 1993 , Special -Town hoard Meeting
Ali
fill tPS .
29 . COnsi ( Ier Quarterly Investment Report , 4 / 93 - 6 / 930
30 . Consider approval of June 1993 , Financial Report .
31 . TOWN OF I 'THAC. A WARRANTS
3 '2 . BOLTON POINT WARRANTS
33 . 13X1:4* CI1T I VI? SESSION
34 . ADJOURNMION - 1 '
1 (? wn Hoard Memet ine 8I9I93
Add i I iona I Agenda l te. ms
I
Con si ( ler ant Ito rizat ion to nrnr• ePd w th rerriii tntent to f I I th ?
vacancv in position nr the Assistant Hui Iding Insoectorl "Loning
hnf0rce III ent Officer .
L . consider authorization for the Assistant 'Town Planner to attend
the American Planning Association Northeast Regional
Conference ,
•
_ Town of Ithaca
Town Board Meeting Minutes
• August 9 , 1993
At the regular meeting of the Town Board of the Town of
Ithaca , Tompkins County , New York , held at the Town Hall , 126 East
Seneca Street , Ithaca , New York there were present :
PRESENT : Shirley A . Raffensperger , Supervisor
John Whitcomb , Councilman
Catherine Valentino , Councilwoman
Karl Niklas , Councilman
Frank Liguori , Councilman
Patricia Leary , Councilwoman
David Klein , Councilman
ALSO PRESENT : John Barney , Esq . ; Town Attorney
Joan Lent Noteboom , Town Clerk
Daniel Walker , P . E . ; Town Engineer
Fred Noteboom , Acting Highway Superintendent
Floyd Forman , Town Planner
Andrew Frost , Building / Zoning Officer
Sally Alario , Assistant Budget Officer
George Frantz , Assistant Town Planner
MEMBERS OF THE PUBLIC ALSO PRESENT :
William S . Hilker W . Albern Cheryl Smith Mary M . Call
Kenneth Maye Darlene Maye David J . Stotz Robert Kohut
B . ( Unreadable ) Sue A . Poelvoorde Hieronim Taraskiewicz
Pledge of Allegiance : The Supervisor led the assemblage in the
Pledge of Allegiance .
Call to Order : The Supervisor called the meeting to order at 5 : 30
p . m .
Agenda Item No . 3 - Report of Town Officials
a . Supervisor ' s Report - The 1994 budget process is underway ,
Department Heads are filling out departmental request forms ; the
Personnel Committee meets August 25 to review the salary ranges for
all positions . The Tentative Budget submission is scheduled for
October 5 ; the public hearing on the budget for November 4 . Town
Board members should inform the Supervisor of any priorities they
have for the budget as soon as possible .
Bolton Point is also in the initial stages of budget preparation .
1994 is the year the water rates are scheduled to go to a flat
rate . The system has been phased in over a three - year period . The
proposed water rate will be ready for presentation to the member
municipalities in October .
T . B . MINUTES 2
8 / 9 / 93
•
The repair of the Forest Home lower bridge walkway is scheduled to
begin August: 12 , The Board received a copy of a letter from Jim
Kazda outlining the schedule and raising the question about the
permissible loading for the bridge after the pedestrian walk is put
in service .
Sales tax revenues received from Tompkins County August 1 , amounted
to $ 369 , 353 . Slightly less than $ 3900 of that is attributed to the
Towns share of the additional 1 cent tax . The Tompkins County
Comptroller cautions that , while there was an increase in the base
amount , prior period adjustments and accelerated tax remittance
procedures account for much of the increase and he states " caution
is advised in interpretation of the data " .
b . Town Engineer - Mr . Walker reported on his written report , ( see
attached ) .
c . Acting Highway Superintendent - Mr . Noteboom explained his
submitted report to the Board . ( See attached ) .
d . Building Inspector / Zoning Officer - Mr . Frost reported on his
written report , ( see attached ) .
e . Town Planner - Mr . Forman explained his report , ( see attached ) .
Mr . Forman also gave the Board copies of the draft Comprehensive
Plan for which there will be a public hearing on August 31 , at the
Women ' s Community Building . Staff is working on the environmental
review for the Comprehensive Plan and it should be available later
in the week .
Agenda Item No ._ 4 - Report of Town Committees
Councilman Whitcomb reported that the Judd Falls oversight
committee on which he and Councilman Liguori serve have met with
the residents of Forest Home . They are working on an agreement for
the construction of the road . They met at the site where the Town
Engineer had marked the elevation of the road cuts . No agreement
was made another meeting will take place in September . Some issues
were raised during the tour of the site , and Mr . Walker is
investigating the answers to those questions .
Councilwoman Valentino stated the American Community Ca
Commission franchise is somewhat confusing do to the regulations •
The State has not given any specific information and guidelines .
The Committee is hopeful the State will play a larger roll in
sorting out the new federal legislation . The franchise expired in
February , but ACC must continue the service until a new franchise
is negotiated .
T . B . MINUTES 3
8 / 9 / 93
•
The Youth Corp has been a big success this year . They have been
building bus stop booths . The children have learned a great deal
and developed many skills over the summer . The booths fit in well
in the neighborhoods .
People should be watching their mail around August 25 as there will
be a mailing to 25 , 000 families in the Ithaca School District area
with a survey questionnaire about what recreational facilities are
presently being used and what ones they would like to have . The
City and Town have been very interested in intermunicipal
cooperation on the recreational facilities .
The good news is that except for one township or village that is in
the Ithaca School District everyone is participating and working on
how to best provide recreational services for the children .
The survey will also be sent to 25 , 000 people including apartment
households . The Commission feels there is a gap in communication
with apartment dwellers and lower income families .
Councilman Liguori asked what the roll of the school district would
be concerning this ?
Councilwoman Valentino stated the school district would not be
involved other than the children within that district seemed the
logical survey choice because of the intermunicipal cooperation .
Most of what happens with children happens through their schools .
The other outlying programs are being looked at , as there is easier
access to information from the smaller districts .
Councilwoman Leary asked if the survey would - be sent to households
with just children ?
Councilwoman Valentino responded that it would be sent to all
households because they are also looking at what adults use for
recreation .
Agenda Item No . 5 - Report of Tompkins County Board of
Representatives
• Mary Call said that the Supervisor reported on the Forest Home
Bridge walkway and included that they are also designing a one way
bridge .
The County is presently working on simplification of the tax bills ,
the Ithaca Town Clerk discussed this with her last year . The
County is looking at printing their own tax bills so that the
for can be made more easily understood . There has been positive
feedback from all the Towns that they like this idea .
T . B . MINUTES 4
8 / 9 / 93
•
Representative Call asked Mr . Walker if he wished her to look into
the problem of the maps the County is doing for the Town ?
Mr . Walker responded that it is not a problem with the County , the
problem is with NYSEG . There are technical problems , the Town and
County have not been billed . The County Planning Department is as
frustrated as the Town , the City has some maps but there are
problems with the format . The County has not received any maps
yet .
Agenda Item No . 6 - Persons To Be Heard
William Hilker , 277 Burns Road read an open letter to the Board ,
( see attached ) . Mr . Hilker also showed the Board two bags of nails
that were spread on his driveway on two separate occasions .
The Supervisor told Mr . Hilker that there is an item on the agenda
addressing the parking problems on Burns Road with suggested
revised parking .
Hieronim Taraskiewicz , 719 Hanshaw Road addressed the Board to
express his opinion about a matter concerning the Town Engineer .
Mr . Taraskiewicz said he approached the Board at another Board
meeting to speak about the Town Engineer interfering with his
neighbors and properties causing him to have damages . Mr .
Taraskiewicz presented a bill to the Town for $ 2000 of damages .
Mr . Taraskiewicz had to go to small claims court . The diagrams and
information Mr . Walker provided the neighbors concerning the
drainage problem between the properties came to about $ 4000 , but
the actual cost for a private contractor to connect the pipe was
estimated to be $ 200 . 00 . This information was . provided to the Court
and the decision was made against Mr . Taraskiewicz , Mr .
Taraskiewicz sustained damages by paying for an attorney and other
expenses . The neighbor ( plaintiff ) now does not want to do the
work the expensive way that Mr . Walker designed it , they wish to do
it the simple way because the judgement was not awarded for the
amount they asked . If the Town Engineer had not interfered in
their private affairs there would not have been a trial or hiring
of an attorney .
• Supervisor Raffensperger recalled that the Board had discussed this
issue with Mr . Taraskiewicz previously , and that a resident
adjoining Mr . Taraskiewicz ' s property asked the Town Engineer to
discuss with him drainage problems on his property . The Town
Engineer did this . The Town typically provides that kind of
assistance to Town residents when we are able to do so .
The Supervisor said that she did not understand why Mr .
Taraskiewicz named her on his complaint as she has not even been on
the property .
T . B . MINUTES 5
8 / 9 / 93
Mr . Taraskiewicz stated that the Supervisor approved the Town
Engineer ' s actions . Mr . Walker went to court and testified against
Mr . Taraskiewicz ,
Mr . Taraskiewicz said the court hearing was not proper . They
waited many hours as there was another case . When the case was
heard it was late at night and only one half hour was spent on it .
Mr . Taraskiewicz said the judge would not let him finish his
testimony , the judge told his lawyer to write letters and a brief .
Everyone was writing briefs after the court was over , it was not
admissible .
Supervisor Raffensperger noted that the court hearing was not
conducted by . the Town of Ithaca , it was conducted by a judge in
Small Claims Court ,
Mr . Taraskiewicz said he has just started with the Town and is
waiting to see what the Town Board is going to do . He is lodging
a complaint about the Town Engineer ,
The Supervisor said that the Town Board will review the issue and
respond to Mr . Taraskiewicz in writing as soon as possible .
Mr . Taraskiewicz said that if the Town decides something different
other than paying him the money he has asked for he will hire a
lawyer and then the Town will pay him as well as his lawyer . He
said his constitutional rights were violated , the Town Engineer had
no right to interfere in a private matter that caused him so much
damage .
Michael Oats , 5105 - 227 , Burdett , New York addressed the Town Board
and said that up until a short time ago he worked at the Ithaca
Post Office , Mr . Oats asked for Town support in keeping the Tioga
Street , Ithaca Post Office open .
The Post Office relocated most of its operation from Tioga Street
to Warren Road resulting in a detrimental effect on the Town . The
City of Ithaca filed an appeal under Title 39 , Section 404 of the
US Federal Code . This statue protects communities from being
abandoned by the Post Office .
• The City filed numerous briefs that were accepted by the Postal
Rate Commission who reviews this type of appeal . A split decision
was made on July 8 , this Commission denied they had jurisdiction in
this matter .
The Community Committee who has met over the last five years has
been reviewing the decision and felt that the Postal Rate
Commission was to politically sensitive to the situation . The
Committee is now investigating and urging the different groups in
• T . B . MINUTES 6
8 / 9 / 93
the community to join the City of Ithaca in a lawsuit to keep this
Post Office open .
The Post Office has repeatedly said they have no intention of
closing this office . However , from actions that have been taken
known only to the people who work there ( such as removing
equipment , moving personnel , staffing changes ) it is clear they
intend to close this office as soon as possible . They may use the
excuse of budget cuts , safety , or health reasons but this is what
is felt to have been the plan all along .
Mr . Oats urged the Town Board to join the City and perhaps the
County Board of Representatives to do something .
Councilman Liguori asked who Mr . Oats was representing ?
Mr . Oats responded that he represents the American Postal Workers
Union . Mr . Oats is the Vice President and only shop steward in
Ithaca .
Mr . Oats said there are a large number of jobs involved in this
issue . They moved 172 people , they could have moved the operations
to Warren Road and left approximately 30 people to operate this
facility , but they have reduced the staff to 5 or 6 people ,
inadequate for this area .
Councilman Niklas asked Mr . Oats if he could provide the Board with
copies of letters from other individuals and municipalities
supporting what he has suggested ?
Mr . Oats said the Town could get in touch with the City attorney
who has offered to share all copies of the appeal .
Supervisor Raffensperger said that this Town Board wrote a letter
to the Post Office when the new facility on Warren Road was opened
expressing concern that certain services should still be provided
at the Tioga Street location . The Town received a response from
Mr . Anderson that those services were indicated to be continued at
the Tioga Street location . That was received some time ago .
• Mr . Oats said the Community Committee received assurances that the
downtown bulk mail acceptance unit would remain , the building would
be made handicapped accessible , and staffing would be maintained .
r This did not happen . Bulk mail is
pp provided the same service as if
it were dropped in the box on the street . The Post Office claims
they have 15 window clerks on duty at Tioga Street , the most that
is ever seen is three or four . Many times there are only two .
There are just not enough employees there to service an area this
size .
T . B . MINUTES 7
8 / 9 / 93
•
Councilwoman Leary said she is the Town representative on the
Community Committee and she had the impression every time the
committee met with Postal Officials that no matter what local
officials said , including Matthew McHugh ' s office they would not be
responsive to keeping the facility .
There is no local check on the Postal Service , there can be
expressions of disagreement but they would not get any substantive
response from the Postal Service ,
Councilwoman Valentino said that information the community is
legally entitled to is not being provided by the Postal Service .
Mr . Oats said the Postal Service has refused to provide any
information . The Post Office has a responsibility as a federal
agency to provide the community with its plans . How can local
municipalities make plans when it is not known what the federal
government is doing ? There are many laws stating this . Mr . Oats
has been forced to go to the National Labor Relations Board several
times to gain the information he needed . The Mayor of the City of
Ithaca has said that many times misleading information is given .
Councilman Klein asked Mr . Oats if he felt the Tioga Street Post
Office would be closed completely ?
Mr . Oats responded that he feels that judging by others it will
closed with no notice , just as there was no notification of the
move to Warren Road ,
Councilman Niklas asked who would be the most effective person to
send correspondence to concerning this matter ?
Mr . Oats said the Postal Service has undergone a reorganization
over the past few months and it is a game . If you send one letter
to Buffalo , they say you should write Rochester , and it goes on .
Mr . Oats said Jean McPheeters from Congressman Maurice Hinchey ' s
office will diligently track down who is responsible by the end of
the month . The Town Board should contact the Ithaca Common Council
and the Mayor ' s office with support and possible money for the
• court costs . The court costs are estimated to be around $ 5000 . 00 .
Supervisor Raffensperger asked if this would be presented to the
Tompkins County Board of Representatives also ?
r Mr . Oats responded , yes .
Supervisor Raffensperger asked the Board if they wished her to find
the letter to Mr . Anderson and inquire personally to him as to
T . B . MINUTES 8
8 / 9 / 93
whether he wishes to say the situation has changed and he can no
longer guarantee those kind of services . The Supervisor can
communicate with Jean McPheeters and the Mayor ' s office and report
back to the Board at the September meeting . The Board can then
decide what action they wish to take .
The Board instructed the Supervisor to follow though with her
suggestion .
The Supervisor asked Representative Mary Call if Tompkins County
had yet discussed the Postal Service problem ?
Representative Call said that the County has not discussed it , but
that it may be on the agenda at the next meeting .
The Supervisor said the Board has been presented with a draft
resolution concerning the Cayuga Inlet Trail Project ,
Sue Poelvoorde , Regional Parks Planner for the Finger Lakes Park
Region addressed the Board . Ms . Poelvoorde said that the Finger
Lakes Park Region intends to submit an application to the
Intermodal Surface Transportation Efficiency Act to get funds to
plan , acquire , and construct the Cayuga Inlet Trail .
Part of the application response is to have letters of local
support for the project . his . Poelvoorde asked the Board to adopt
the draft resolution of general support so that it can be included
in the application .
The Supervisor mentioned that in 1983 the Town passed a resolution
supporting this concept , and making assurances that the Town would
be involved in maintenance in the future of the trail . It is not
being asked tonight to reinforce any aspects of that particular
agreement only to say the Town is still interested and feels it is
a good idea . The resolution would not commit any Town funds to the
project .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino adopting the resolution as presented , ( see attached ) .
• Mr . Forman said the local share of the budget for the Cayuga Inlet
Trail is money that will be paid by New York Parks and Recreation .
Ms . Poelvoorde said the New York Parks must match the grant funds .
Councilman Whitcomb said in some discussions the construction of
the Cayuga Lake Inlet Trail has been linked with the Treman Marina .
It is assumed that endorsing this resolution does not mean the Town
is endorsing that concept .
T . B . MINUTES 9
8 / 9 / 93
• The Supervisor said the linkage between the Treman Marina and the
Inlet Trail is between the City of Ithaca and the State Parks it
does not in any way involve the Town . It is a matter of
interpretation from past history about who promised what to whom .
Motion carried unanimously .
Agenda Item No . 13 - Parkin Requirement Reductions In Larger
Commercial Developments
Councilman Ni. klas said that the COC was looking for guidance
regarding a draft piece of legislation being reviewed by them . The
two issues are the size of project that would trigger the Town
Planning Board exercising the option to reduce the required parking
area by 2000 The other feature was the sunset law provision that
would allow the Town to reclaim some of the parking space that was
initially waived . There was opposing points of view regarding
whether the Town should be able to exercise that right in
perpetuity or whether there should be a five or six year cut off
point at which time it was an irretrievable waiver . The COC will
be discussing these issues at their next meeting and they need
guidance regarding policy .
The Supervisor said that the first issue to discuss is the number
of square feet: in size at which the ability for the Planning Board
to reduce the number of required parking spaces .
Councilman Niklas said that a very large guide used in a trigger
would result in a piece of legislation being used infrequently as
there are relatively few areas in the Town this would apply to .
If the threshold size is reduced the law could be exercised more by
the Planning Board , but at issue is whether or not for a very small
parking lot it would be desirable to reduce it by 20 % 0
The Supervisor- noted that the compromise figure mentioned is a
20 , 000 square foot facility which would require 100 parking places
based on the use . This did not seem to be an unreasonable size the
Board may wish the Planning Board to exercise .
Councilman Whitcomb asked how large was the East Hill Plaza in
• square feet ?
Mr . Forman said approximately 100 , 000 square feet .
Councilman Whitcomb asked how many square feet the Novar
development was ?
Mr . Forman responded 5000 existing and 20 , 000 new .
Councilman Whitcomb stated this would be the threshold that would
T . B . MINUTES 10
8 / 9 / 93
•
trigger this proposal .
Councilman Liguori asked if the use was not sometimes more
important than the square footage ?
Supervisor Raffensperger recalled that the parking requirements do
depend to some extent on the use , but the Planning Board wanted to
be able to have flexibility . The Zoning Ordinance now does not
allow for flexibility . The larger the parking space and the more
different the uses , the more logical it seems to have some
flexibility . East Hill Plaza has uses which 'are only done in the
daytime , some at night . To say that each single one must have the
prescribed number of parking spaces seems unnecessarily inflexible .
Councilman Niklas mentioned that this legislation would only be
operational if there was a facility with a mixed use .
Councilman Liguori noted that this was only when the Planning Board
wanted to use the action .
Councilman Niklas said it could be if requested by the developer ,
the owner , or the Planning Board .
Councilman Liguori asked if the Planning Board would still have the
option of disapproving this ?
Councilman Niklas said yes .
Councilman Liguori said that he felt the 201, 000 footage would be
too large , and perhaps 15 , 000 would be more appropriate . This
would give the Planning Board based upon their judgement when the
information is presented whether to consider it . They do not have
to exercise it .
Councilman Niklas said that the numbers that will eventually appear
in a proposal will come to the Town Board and they will have the
opportunity to actually change it . The COC needs to know the range
of square footage the Town Board wants . For example should the
magnitude be 15 , 000 , 20 , 000 something in that range ; or something
at the other end of the spectrum such as 100 , 000 , 150 , 000 .
• Attorney Barney said that Councilman Liguori ' s suggestion could be
taken to the limit and direct the Planning Board to declare what
the parking ought to be on each proposal without any minimums . The
ordinance says that if you have certain numbers of uses the minimum
number parking spaces are provided . The problem is that those are
out of line and are too high . This should be addressed , not
building a flexible maneuver where they can be escaped . Mr . Barney
felt that this is a situation which should be used rarely . Only
under those circumstances where there is a large multi use facility
T . B . MINUTES 11
8 / 9 / 93
•
which you never are going to need the number of parking the
ordinance requires . Mr . Forman ' s position is that the Town should
provide as much flexibility as possible and adapt to the range of
projects the Town is likely to see . If the Town Board uses Mr .
Barney ' s suggestion only one project , East Hill Project would
qualify if it is 30 , 000 square feet or more . 20 , 000 may be seen ,
but 10 , 000 will be seen much more frequently .
Councilman Klein said that maybe COC should look at the parking
schedule as it. may have to be more varied . Each use should be
looked at . The ordinance should be revised to be more reflective
of uses . 15 , 000 should be considered .
Attorney Barney noted that no matter what the number is there is
always a safety valve with the Zoning Board of Appeals . A case can
be made to demonstrate the area requirements of practical
difficulties that balance the needs of the community .
Mr . Forman said yes , you can always go to the ZBA with anything .
The point of doing this was to try and allow for flexibility . In
different locations there are different parking requirements .
For example , in a certain period of time under the present
legislation it is found that more spaces are needed , the space
would be required to be set aside for green space . The developer
would then put in the parking at a future time . The developer
would be saving money initially and possibly in the future as the
parking may not be needed . With a maximum of 10 , 000 square feet
there are 50 parking spaces , the Planning Board could say the
developer must put in 40 and set aside a grassed area for 10 that
may never be used . Why put it in why not let the Planning Board
have more flexibility in this area . . The area has to be set aside
in any case .
The Supervisor said that the set aside of green space in not always
inexpensive because it can be landscaped .
The Supervisor asked the Board if she had a sense that the Board
did not want to go as low as 10 , 000 nor as high as 50 , 000 , and
someplace around 20 , 000 to 25 , 000 square feet is what they wish COC
to look at .
• The Board agreed , and Councilman Niklas said that was enough
direction for the COC .
Supervisor Raffensperger explained the second portion of the
discussion is to address when a developer might be required to
reinstall that loss of parking area .
Councilman Niklas said that one opinion is the Town should have the
right at any point in the future to require a developer to reclaim
T . B . MINUTES 12
8 / 9 / 93
•
the 20 % parking space that had been waived and put it back into
parking space . In opposition , that is not fair to a developer to
maintain that right forever and there should be a certain period of
time in which the Town and the developer have an opportunity to see
whether the parking spaces are working out , if there are problems
that will surface within that time frame then the Town would have
the option to exercise its control and require that the parking
spaces be put back .
The Supervisor asked if you have this finite period , what happens
if the uses change ?
Councilman Niklas said that if the uses change the whole situation
changes , because there would then be site plan approval and the
issue would be reevaluated . This scenario would only be if the
uses of the property would remain as originally developed . The
only situation. that might change would be if there were higher
traffic volume than anticipated , or if the business ' s popularity
had increased creating more volume than a site could bear then the
Town or the developer could ask for the 20 % parking back .
Councilman Liguori said the criteria of saying when you want that
20 % back is when people park on the highway , then it should not
matter , it should be changed .
Councilman Whitcomb asked how long a developer stays around after
he develops property , is he there forever to come back to and say
make the change ? If the Planning Board approves a laundry mat and
it changes to a pizza parlor five years from now is the whole issue
then reconsidered ? Define the word " use " .
Councilman Niklas responded if it is not a change of use it will
not be reinvestigated , if it is a change of use it would have to
have site plan approval .
Attorney Barney said that a pizza place taking the place of a
laundry mat would be a change of use under the current ordinance .
The requirement for retail sales is one space for every 200 square
feet , the number of spaces for a restaurant is one space for every
5 seats . Going from a retail sales to a restaurant is a different
• test for parking requirements .
The Supervisor said when the use is changed the Town could require
or not require additional parking . The question is if there is a
significant change in use , if the property subdivided , or a portion
of the project were sold then the parking would be reexamined . If
the change were from an unpopular restaurant to a popular
restaurant it probably wouldn ' t .
Councilman Liguori said he wished to see a clause that when the
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T . B . MINUTES 13
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parking is inadequate when demonstrated by consistent parking along
a public highway then the additional parking will be provided when
the Planning Board asks for it .
Supervisor Raffensperger also did not want anyone parking along the
highway . What if you have a developer of a property who does a
great deal of island landscaping and has money invested in it , how
will we ever get people to create parking lots like that unless
they have some assurance that it has a life for several years ?
Councilman Klein said any person who owns a commercial facility
must provide adequate parking for their tenants , it is logical that
if there is inadequate parking the property owner will want to
increase the parking to support the business . Then the Town and
property owner will be thinking the same .
Councilman Whitcomb said regardless of the number of spaces that
are provided now or in the future , aren ' t there minimum standards
for landscaping required in parking lots ? The 20 % that is waived
is in addition to other standards that are set aside for greenery .
Councilman Whitcomb said it appears to him they are rewriting the
Town regulation to accommodate the problem in the East Hill Parking
lot , and if that is the case , then why isn ' t that problem addressed
and leave the law alone .
Mr . Forman asked why shouldn ' t someone who has a new project coming
in and doesn ' t need the parking and offers to set the space aside
for green space be allowed to ?
Councilman Whitcomb responded he is not in favor of paving what ' s
not needed , but it requires some sense of stability as well .
Councilman Niklas said the question is whether this issue should be
written for perpetuity or for a specific period of time . The
merits of this law can be argued if and when it ever reaches the
Town Board .
Supervisor Raffensperger asked does someone who gets the waiver of
the required number of parking spaces also at the same time get an
• assurance from the Town that the Town will not change those
requirements for a given period of time , or do we want to say that
the Town can change them any time they want from next week to
twenty years from now ?
Councilman Liguori said yes , under certain conditions such as the
parking is no longer adequate on the premises .
Councilman Whitcomb said he thought that would discourage them for
asking for a waiver if they thought they would have to dig out the
T . B . MINUTES 14
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•
landscaping and pave it from now until twenty years from now . You
would never see anyone ask for a waiver unless it was absolutely
necessary because they didn ' t have the space , like the situation at
East Hill Plaza .
Mr . Forman said the only suggestion is that the landscaping be
somewhat different , a grass area could be set aside .
Attorney Barney said there is criteria that is suggested in the
proposed legislation , one of which is the demand when the parking
spaces exceed the number of spaces at least twice annually . It was
necessary to try to find some objective standards when requiring
the 20 % to be into spaces .
Mr . Barney worries about the Town ' s standpoint going into court
several years from now saying the Town waived this ten years ago
and now we are withdrawing it , even if the law says the Town can
there are practical difficulties .
Councilman Klein said the developer could always go to the ZBA .
Councilman Whitcomb said there should be some limit . Councilman
Liguori did not want any kind of limit .
Councilman Niklas pointed out the property owner can increase the
parking space anytime they want to .
Councilman Klein felt there should be no limit .
Councilwoman Leary said she could see the merits of both arguments ,
but is somewhat concerned there is some scenario that is not being
anticipated .
Councilman Niklas said the COC should give the matter a great deal
of thought .
Supervisor Raffensperger said when the COC presented their
recommendations the subject could again be debated .
Agenda Item No . 15 - Schickel Water District
• Mr . Walker explained there is no water in the Schickel Water
District and there is a commitment to provide water to the existing
houses . Under an emergency situation the materials have been
ordered and are available for delivery this week to put in the
water main .
The materials cost is approximately $ 15 , 000 . Four estimates have
been received by different contractors . The labor to install the
crater pipe will be under $ 15 , 000 . The water main would be extended
i
! T . B . MINUTES 15
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860 feet to serve properties already served in the recognized water
district . There are funds in the budget to cover these costs .
The Town Attorney has recommended the Town declare this an
emergency situation as the people are without water .
The Supervisor asked Mr . Walker if any negotiations have been
completed concerning the possibility of a sewer district on
Schickel Road ?
Mr . Walker responded it would be beneficial while the contractor is
doing the water to also do the sewer . The Town has a design for
the sewer .
There is a purchaser of an empty lot who is very interested in
having sewer installed and has offered to help contribute to that
installation . The sewer to serve the vacant lot , as well as the
two existing lots would , cost approximately $ 30 , 000 to construct .
The Supervisor asked Mr . Walker to proceed with the sewer
negotiations , it is permissible for the Town to discuss the offer
of an individual to contribute to construction during an executive
session . Should the Board wish to authorize the Town Engineer to
proceed after that it will be done in open session .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino that because of the circumstances relating to the
inadequate water supply in the Schickel Water District and pursuant
to General Municipal Law , Section 103 , Subdivision 41 the Town
Board hereby declares an emergency situation exits within the
Schickel Water District and therefore - dispenses with the
requirements of bidding for the extension of the water main lines
to the Schickel Water District . Motion carried unanimously .
Agenda Item No . 16 - Snow and Ice Removal Contract
Attorney Barney stated this will be ready for the next Town Board
meeting .
The Supervisor postponed this item until the September Town Board
meeting .
Agenda Item No 17 - Fuel Supply Proposal
Actin Highway Superintendent Noteboom said there is a substantial
savings by the Town having on site fuel storage . The Town would
directly save by purchasing by State bid and by time spent in trips
made to another location . It is a very simple system . The tanks
would be inside of a dike that will not allow fuel spillage . There
is a roof and all valves will break away if hit so there is no
T . B . MINUTES 16
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spillage . The valves would shut off immediately .
Councilman Whitcomb noted that the proposal amortized the purchase
over a 20 year period , and computed the annual cost to be about
$ 1250 a year . Is that a reasonable life span of a system such as
this ?
Mr . Noteboom responded that a life span longer than that is
reasonable , as . long as they are maintained such as painting .
The Supervisor said she did not know if the Town Board would wish
to amortize a $ 25 , 000 expenditure .
Councilman Whitcomb said there are other considerations , however
there appears to be a significant savings even if the $ 1250 were
doubled the Town would still be saving . Especially with computing
the time spent in trips to the present supplier .
Mr . Noteboom said that he figured the trip cost conservatively , the
one ton trucks usually have more than one person in the truck when
they refuel .
Councilman Whitcomb asked if they refuel on the way to the job ?
Mr . Noteboom responded that sometimes , but not always . In doing
the cost estimates they calculated the number of fuelings , all Town
Hall fuelings were excluded .
Councilwoman Valentino asked where the system would be placed at
the highway location ? Mr . Noteboom showed the Board a map of the
proposed placement and the advantages of that placement .
Councilman Liguori asked if there were funds to buy the system
within the Highway Department budget ?
Assistant Budget Officer , Sally Alario said that it could possibly
come out of the Highway Garage account .
Supervisor Raffensperger said she thought it would have to be
budgeted for in the 1994 budget , an investigation of the available
funds can be done .
Councilman Whitcomb said right now there is a pretty good system of .
tracking fuel usage per vehicle , and wished to know if there some
kind of tracking system for this proposal .
Mr . Noteboom showed the Board keys ( computer chips ) that work with
the Fuel Master Management System . It is a computerized system
with a key ( computer chip ) in each vehicle . The key ( computer
chip ) would track that vehicle ' s fuel consumption and maintenance
T . B . MINUTES 17
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for the vehicle . If the vehicle needed an oil change , the vehicle
could not get fuel . There is an override to get the fuel , but you
would know the vehicle needs maintenance . This system would make
sure the vehicle received its maintenance .
The Supervisor said felt the Board needs to give direction on this
matter . This was discussed at the last Board meeting there was
concern about. cost , the pay back time period , and the environmental
concerns .
The Supervisor suggested that approval be given to include this
system in the 1994 budget . The Town could continue with the
present system until that time . There are some funds in
contingency this year , and with closer investigation it may be
possible to start construction this year .
Mr . Noteboom said the present supplier has agreed to continue
providing the fuel on the present system .
Motion made by Councilman Liguori , seconded by Councilman Klein
authorizing the Town Supervisor , Acting Highway Superintendent , and
the Assistant Budget Officer to investigate the funding of the
proposed On - Site Fuel Storage System as presented by the Acting
Highway Superintendent .
Councilman Klein said the fuel tank has a twenty year life , but the
software system and the printers will have on going replacements .
Mr . Noteboom noted this particular system is presently used by the
military . The seller has guaranteed the federal government that
after the final installation they will have parts for fifteen
years . There is a long life expectancy on the Fuel Master System .
Councilman Klein asked if any additional insurance would be
necessary , and is there a maintenance contract on the system ?
Mr . Noteboom responded he had contacted the Towns insurance company
and that there would be no additional insurance necessary at this
time . Mr . Noteboom said he would find out what the maintenance
contract would be .
Councilman Whitcomb asked if the DEC would be involved in approving
any of the plans ?
Mr . Noteboom said the system would have to be registered with the
State and Federal Governments . There would be a $ 250 charge .
Mr . Frost said he has received a packet of information for
installation of fuel systems .
T . B . MINUTES 18
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Motion carried unanimously .
Agenda Item No . 7 - PUBLIC HEARING - Local Law Rezoning Elmira
Road / Seven Mile Drive
The Supervisor opened the Public Hearing at 7 : 00 p . m . to consider
the rezoning from Light Industrial to R - 30 , and from Business C to
Light Industrial on Elmira Road / Seven Mile Drive . The Town Clerk
had proof of posting and publication .
The Supervisor noted there is an additional Public Hearing
scheduled for the same location with a different proposal . She
will open that Public Hearing at the proper time , both proposals
can be discussed jointly .
Mr . Albern approached the Board and explained the proposed rezoning
for each map shown . Mr . Albern said the plans were first seen by
the Planning Board , and the Town Board last month for approval of
a rezoning change to light industrial . The Board rescheduled the
Public Hearing in order to consider the light industrial and a new
proposal for R - 30 for the whole parcel .
The new proposal was taken back to the Planning Board , they liked
the Light Industrial proposal . The owner can live with any the
Town Board chooses , but prefers the light industrial .
The Supervisor asked for any comments from the public . No one
approached the Board .
The Supervisor said felt it was important the Board recognize the
Town would not have to take the wetland as a park if the Board
approved the rezoning of the two . The park configuration should
not influence the Boards decision in the rezoning .
Councilman Niklas asked why the Planning Board preferred the light
industrial rezoning ?
Mr . Forman said there was not a great deal of discussion . Comments
were made to the Planning Board by the staff . The Planning Board
felt there was not a sufficient amount of light industrial in the
Town and this was a reasonable location with the water and sewer .
The Planning Board did not thoroughly discuss the residential
proposal .
Councilman Niklas asked if they discussed the issue of having a
wetlands in a light industrial area ?
Mr . Forman said the wetlands was not discussed in great detail .
The Supervisor opened the second Public Hearing at 7 : 05 p . m . to
T . B . MINUTES 19
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consider the rezoning from Light Industrial to R - 30 and from
Business C to R - 30 . The Town Clerk had proof of posting and
publication .
Mr . Albern stated the owner has permission from the Corp of
Engineers to fill up to one acre of the wetland , there is not
concurrence from the Town .
Assistant Town Planner , George Frantz commented he had prepared a
memo to the Planning Board recommending the light industrial
option . Under that option there is more flexibility for site plan
design allowing preservation of the wetland . With the light
industrial district regulations about 40 % of the wetland is within
a rear yard set back of 60 feet required under light industrial .
If the Elmira Road frontage would be considered a front yard then
the entire wetland would be within the front yard set back , and
protected from being filled . The landscape architecture profession
over the last 20 to 25 years has been designing industrial
facilities that incorporate features such as wetlands and ponds .
Councilman Niklas stated these were the types of things he would
have liked expressed when he asked what the reasons were for the
Planning Board approving the Light Industrial over the R - 30 .
Councilwoman Valentino asked the number of acres in the wetland ?
Mr . Albern responded 1 . 3 acres . The wetlands could become a
feature of a town park or the feature of a light industrial .
Councilman Whitcomb said he agreed the Light Industrial would
protect the wetland more , but he was concerned with an industrial
park exiting traffic on Seven Mile Drive . There is no traffic
light where Seven Mile Drive joins Route 13 . This intersection
could not withstand an increase in traffic . There would also be an
increase in traffic with residential .
The Supervisor again asked if there were any member of the public
who wished to speak on either Public Hearing . No one wished to
comment .
The Supervisor asked where the present mobile home park is located
on Seven Mile Drive ?
Mr . Albern showed the Supervisor on the map .
The Supervisor asked to what extent was the desirability of this
particular site for low to moderate income housing as opposed to
industrial and the comparable traffic figures .
Mr . Frantz responded he looked at it from a residential development
T . B . MINUTES 20
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standpoint and he thought there was undesirable aspects as far as
residential development is concerned , it is right across from the
Town Highway Barn , it is against the two motels , and it is fairly
close to Elmira Road . Overall it is not an ideal site for any sort
of residential development .
The Supervisor asked if Mr . Frantz meant along Seven Mile Drive ?
Mr . Frantz said yes , along Seven Mile Drive you have the Town
Highway facility which is a semi - industrial use .
Mr . Albern said the developers feel either of these plans with
approval of the Town Park would be a buffer between the industrial
and residential area .
Councilman Ni. klas said if that were true the wetland area would be
protected in the industrial area because the wetlands would fall
within the likely spot for the park .
Mr . Frantz said if the park is in that location it would be up to
the Town to protect the wetland . It could become an attractive
nuisance for the Town . A park in that location has to do with the
surroundings , the commercial development immediately adjacent , and
the substantial noise from Elmira Road ,
Councilman Niklas asked if the traffic situation could tolerate it ?
Mr . Frantz said there is enough room between the wetland and the
northern boundary - for an access driveway to any industrial
development on that site . It does have two possible entrances
without filling in a great deal of the wetland .
Mr . Walker noted he is concerned about an entrance from Elmira Road
because of the site distance from the north . There is a large
rise , during the construction of the water lines that area was
treacherous .
Supervisor Raffensperger said the Town should not pretend an
entrance to an industrial area would be anywhere other than off of
Seven Mile Drive .
Councilman Whitcomb asked how the number of trips per day compare
to residential development from industrial development according to
the traffic count manuals ?
Mr . Albern said the trips generated by the subdivision would be
much higher .
Councilman Liguori asked how many acres were within the light
industrial proposal ?
T . B . MINUTES 21
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Mr . Albern responded , approximately 6 acres .
Councilman Whitcomb said he was interested in knowing what the
difference in traffic would be on the 6 acres industrial , versus 6
acres residential .
Mr . Frantz said the industrial would generate approximately 3 times
the amount of traffic as the equivalent number of homes on the 6
acres .
Mr . Frantz made an estimate using the existing zoning and the
acreage showing the type of industrial this area could support and
found the maximum size would be compared to the Therm Plant on the
South Hill , which is 50 , 000 square feet of industrial floor space .
Supervisor Raffensperger said before she closes the Public Hearings
there should be a sense of which proposal the Board wishes to
consider the SEQR for , and which motion might be considered .
Councilman Liguori said in this case the Planning Board has the
better judgement , it is important to preserve light industrial
space in the Town . This is not a bad location for it . Councilman
Liguori agrees with the Planning Board and chose the Light
Industrial .
The Supervisor asked what other Board Members agreed with
Councilman Liguori and wished to consider the Light Industrial
proposal .
The Board by consensus agreed with Councilman Liguori .
The Supervisor stated the Board will be considering the proposal
which does extend the Light Industrial district onto Seven Mile
Drive . The Supervisor again asked for public comment .
As no one wished to comment , the Supervisor closed the Public
Hearings at 7 : 18 p . m . and 7 : 19 p . m . respectively .
Agenda Item No 8 - SEQR , Local Law Rezoning From Light Industrial
to R - 30 , and From Business C to Light Industrial on Elmira
Road / Seven Mile Drive
The Supervisor explained the Board has received a recommendation of
a determination of negative environmental significance concerning
the proposed SEQR .
Motion made by Councilman Niklas , seconded by Councilman Liguori
making a Negative Determination of Environmental Significance in
accordance with the NYS Environmental Quality Review Act for the
proposed " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
T . B . MINUTES 22
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REZONING A PORTION OF LAND ON ELMIRA ROAD AND SEVEN MILE DRIVE FROM
LIGHT INDUSTRIAL TO R - 30 AND FROM BUSINESS C TO LIGHT INDUSTRIAL " .
Motion carried unanimously .
Agenda Item No . 9 - Adoption , Local Law Rezoning From Light_
Industrial to R - 30 and From Business C to Light Industrial on
Elmira Road / Seven Mile Drive
Motion made by Councilman Niklas approving the adoption of the
Local Law , seconded by Councilman Liguori .
Councilman Whitcomb said there is nothing in the motion that
protects the wetland and makes it a part of the site plan of the
industrial area because the developer has already received a permit
to fill it from the Corp of Engineers .
Attorney Barney said the Towns involvement would be in the site
plan review . Since the DEC consented could the Town say no ,
probably , but it could not be guaranteed .
Councilman Whitcomb wished to encourage that the developer and the
Planning Board during the site plan review follow through on the
implication to protect the wetland in some way . This is part of
the rationale for approving this Local Law . It may be months or
years before the proposal comes back for discussion .
Councilman Niklas asked Councilman Whitcomb if he would change his
vote for the other proposal rather than this one ?
Councilman Whitcomb said he was not sure � the other plan would
provide anymore protection .
The Supervisor said they could proceed with this particular
amendment to the Zoning Ordinance , but then also pass a resolution
encouraging the Planning Board in their site plan approval to
protect the wetlands .
Attorney Barney said the rush of the developer is to get an idea of
which way they should commence the drawing process for site plan
development . Attorney Barney could draw a condition to the
rezoning that the wetlands not be filled in until there has been
site plan approval , this would probably not delay the developer .
Mir . Albern said the developers present thinking is to come in from
the north end first with phases between the streams , the light
industrial will wait until a buyer comes along , that could be six
weeks or six years .
Councilman Niklas said a delay of one month for the Town Attorney
T . B . MINUTES 23
8 / 9 / 93
to prepare a modifier to the local law requiring consideration of
the ecological consequences would not unduly hurt the applicant .
Attorney Barney said he did not think so , the developer has a sense
from the Board so can start the development plan knowing the Board
will vote for the industrial development plan .
Mr . Albern said he would prefer to have the Local Law adopted with
a second motion encouraging the protection of the wetlands .
Councilman Liguori noted that we must make sure that the wording
used does not prevent the location of an entrance from Route 13
into that site .
Supervisor Raffensperger said that Mr . Walker has already stated he
did not think the Planning Board would approve an entrance there
because of the difficulty with the site distance .
Councilman Niklas said he wished to proceed with the rezoning , and
if a codicil is necessary to modify the law it could be done .
Attorney Barney said his concern is if it is an important condition
and it is passed without the condition , to retroactively insert the
condition could create a problem .
Supervisor Raffensperger asked if the Board wished to have some
kind of protection for the wetlands and if so have the Attorney
prepare another portion of this Local Law amending the Zoning
Ordinance and advertise for the next meeting .
Mr . Albern said the developer cannot fill the wetland without the
permission of the Town Board .
Attorney Barney asked what Mr . Albern was basing that information
on ?
Mr . Albern responded that they would need a fill permit .
Mr . Walker said with the volume of fill that is proposed to be used
it would be beyond the administrative approval of the Town
Engineer .
Attorney Barney said the criteria of the granting of the fill
permit is related to the impact the fill will have and where it
will come from , it is not related to the impact on the wetland .
The Town is concerned with items such as draining .
Attorney Barney is not convinced the Town is in a strong position
to prevent the filling if someone came in with a duly executed
permit from the Federal Government .
T . B . MINUTES 24
8 / 9 / 93
Mr . Albern stated they wanted to fill this three months ago because
the owner had some inexpensive fill . They went to Mr . Walker and
learned they could not fill it without going before the Planning
Board .
Councilman Niklas asked if the developers had the Town Board ' s ,
" gentle person agreement " that by next meeting they will have the
rezoning accomplished giving the Town the month to put in the
comment for protecting the wetland , would that set the developer
behind .
' Mr . Albern said it would not really set the developer back .
Supervisor Raffensperger mentioned she is concerned with the
traffic . She goes to the highway barns and has trouble getting out
of Seven Mile Drive and is uncomfortable with the extension of the
light industrial on Seven Mile Drive . She does understand the
opinion that it is a more suitable use . She did not want anyone to
feel she is enthusiastic about the light industrial and she would
vote for it .
Councilman Whitcomb said he is not enthusiastic about the traffic ,
but that the traffic generated by the entire development will
dictate a change in that intersection eventually .
Mr . Walker said any development that has any intensity of traffic
will have some strong environmental review regarding it . Mr .
Walker ' s recommendation to the Planning Board would require some
form of traffic light to allow further development .
The Supervisor pointed out the Town cannot require a traffic signal
on a State highway . The whole community has been trying to get one
at Five Mile Drive and Route 13A for twenty years and has not been
able to do so .
The Board instructed the Town Attorney to draft a proposed Local
Law that includes a section protecting the wetlands .
Councilman Liguori asked if in approving the present Local Law can
it not be included by resolution that the Town Board is mindful
there is a need to protect the wetlands ?
Attorney Barney responded it depends on how much " clout " you wanted
it to have , it could be done by separate resolution but it would
not have the same strength that a condition imposed as part of the
rezoning would have . The condition that Mr . Barney would impose
would be more than protection of the wetlands , it would be a
condition that any improvement of the site must go through the site
plan process and there would be no alteration of the wetland until
the site plan was approved .
T . B . MINUTES 25
8 / 9 / 93
Mr . Albern said he would much prefer Councilman Liguori ' s type of
resolution expressing the Town Board ' s concern to the Planning
Board for a. future action that may be many years away . The
developer has no idea what the light industrial would be .
The Supervisor asked if the Town Board wanted another . Public
Hearing with the wetland restriction in it , or to pass the Local
Law as presented and pass a resolution expressing the concern and
intention about the wetland ?
The majority of the Board wished to postpone the adoption of the
Local Law and have the Town Attorney prepare a new Local Law with
the protection of the wetland included .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino authorizing and directing the Town Clerk to advertise for
a Public Hearing to be held at the regular meeting of the Town
Board on September 13 , 1993 at 7 : 00 p . m . for consideration of a
" LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REZONING A
PORTION OF LAND ON ELMIRA ROAD AND SEVEN MILE DRIVE FROM LIGHT
INDUSTRIAL TO R - 30 AND FROM BUSINESS C TO LIGHT INDUSTRIAL " .
The Supervisor said this means just to review this Local Law with
an additional section about the wetlands , it does not mean the Town
Board could not vote no on the whole thing .
Councilman Niklas , pointed out each Board member made their
commitment . Councilman Klein said the entire Board is supportive
of the Local Law .
Councilman Whitcomb asked if the Local Law b-e adopted this evening
as Councilman Liguori has suggested , and then next month officially
amend the Local Law ?
Attorney Barney said it could be done , but there would not be the
protection for the month .
Motion carried unanimously as presented .
Councilman Niklas extended his thanks to Mr . Albern and the
developers , and apologies for the further delay .
Agenda Item No . 14 - Eastern Heights Park Benefit District
The Supervisor explained the Town Board asked her to investigate
the feasibility of establishing a Park District in Eastern Heights .
The outline presented to the Board showed it is possible for the
Town to do that . The taxation and ability to do so is similar to
that of a lighting district . The Town does not presently have any
park districts ; all parks , recreation ways , and trails are now a
T . B . MINUTES 26
8 / 9 / 93
part town charge .
In 1993 the Town has nine parks and ten recreation trails with
plans for additional facilities from future residential growth .
The Supervisor believed it was a good idea for the Town Board to
have looked into this so the Town would have all the possibilities
for compensation to the Quicks . A Park Benefit District is a very
complicated procedure that the Board may wish to hold in abeyance
until it was known what it would cost and how the costs would be
met .
Councilman Niklas encouraged the Town to keep this as an option .
Councilman Liguori agreed and said what is being done for this park
is something that is not being done , and probably would not be done
for another park . That is to preserve a special kind of activity
which requires a lot of acreage , that being sled riding . If the
Town is going to be preserving those kinds of special activities
then the people who benefit should be included in the cost .
Councilman Whitcomb said there is more to it than the sled riding .
The sled riding could probably continue even if a part of property
were taken , that is designated General Purpose Land . The red tape
in setting up a Park District would negate any benefit that may
accrue . It can be kept in abeyance , but it is not a very good
idea .
Councilwoman Valentino said she agreed with Councilman Whitcomb
considering the complications of it .
Councilman Liguori asked if the sled run is the only part the
residents are contesting ?
The Supervisor explained it is true the General Purpose Land
presently includes a portion of the sled run .
Councilwoman Leary asked if it is kept in abeyance and it is not
made a special park district can it still be a park ?
The Supervisor said yes , all previously discussed options are open
to the Board including the method of compensation as suggested by
Councilman Liguori if it is necessary , and changing the General
Purpose Land to Park Land is still possible apart from the matter
of compensation . There also is an additional question of access to
some of the back lands before the land is converted from General
Purpose Land which is a different question than this .
The Supervisor explained to the members of the Eastern Heights
Neighborhood Association abeyance means the idea is still possible ,
T . B . MINUTES 27
8 / 9 / 93
but the majority of the Board is not enthusiastic about the Park
Benefit District idea .
The Supervisor further explained the Town Board has authorized an
appraisal of the land taken from the Quicks , the Town has received
a copy of that appraisal and it will be discussed in Executive
Session . It is doubtful that a decision would be made this
evening . The Supervisor will inform the Eastern Heights
Neighborhood Association know when the Quick / Frandsen item will be
on the agenda .
Agenda Item No 18 - Modification Expenditure of Highway Monies
The Supervisor said due to the delay in the reconstruction of Judd
Falls Road there has been some substitutions made in the Agreement
for the Expenditure of Highway Monies .
Mr . Noteboom explained Forest Home Drive commencing at Judd Falls
Road to McIntyre Road drainage was partially included in the Judd
Falls Road reconstruction . This will be concluded by putting in
425 feet of drainage with catch basins and redoing the retaining
wall near Beebee Lake over the walkway . There are concrete piles
that are falling away .
Mr . Walker stated these piles are not stable and need replacing .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving the amendment to the Agreement for Expenditures
of Highway Funds .
Councilman Liguori asked if they were going to replace the
retaining wall ?
Mr . Noteboom said yes , with gabion baskets .
Mr . Walker said at Forest Home Drive on Beebee Lake the gabbiness
have not moved , the gabions on the North side towards the lower
bridge were not terminated very well . They stacked concrete
pilings . These pilings are failing , some of them have moved 6 to
10 inches in the last few years .
Motion carried unanimously .
Agenda Item No 19 - Sale of Surplus Items
Motion made by Supervisor Raffensperger , seconded by Councilwoman
Valentino authorizing the placement of the 922 Loader and the old
utility trailer in the County auction for sale with the monies
received going into account number DB2665 . Carried unanimously .
T . B . MINUTES 28
8 / 9 / 93
Agenda Item No . 20 - Computers and Accounting Program for
Accounting Department
The Supervisor explained this is a recommendation of the Automated
Data Processing Committee for the purchase of new computers and
software for the Accounting Department that should be accomplished
immediately .
Motion made by Councilman Niklas approving the purchase of two new
computers for the Accounting Department at a cost not to exceed
$ 2000 each , and a budget amendment to increase and decrease the
line items necessary for the purchase of both the computers and the
software . Councilwoman Valentino seconded the motion .
Councilman Klein asked if this creates any surplus computers .
The Supervisor said yes , they are already spoken for and will be
used by other departments . It is also hoped that Ms . Alario will
have additional training on the program .
Councilman Whitcomb said he felt this amount was ample for
computers , he has seen them advertised less than that .
Ms . Alario said that the low quote was $ 1795 , but that all the
quotes had not been received yet .
Motion carried unanimously .
Agenda Item No 21 - Change Order No . 2 , Inlet Valley Water and
Sewer Improvements
Mr . Walker explained there two items of clean up on the project .
On Route 13 near Seven Mile Drive access to the pump station is
difficult . Negotiations have been done with landowners and the
NYSDOT who has been concerned with the proximity of the culvert to
the end of the road . There is excess pipe at the Highway garage
that will be utilized to extend the culvert and provide access to
the pump station and a parking area . This would cost $ 8000 .
There is 400 feet of pipe that the contractor has access to which
they need . There is a commitment to the Finger Lakes State Park in
procuring an easement for $ 4000 worth of pipe material . The
purchase for this pipe should be made from the contractor rather
than buying it .
Motion made by Councilman Niklas , seconded by Councilman Klein
approving the Work Directive Change and authorizing the Town
Engineer to execute the same for the Inlet Valley Water and Sewer
Improvements , Contract No . 4 of the 1989 Capital. Improvement
Program . Carried unanimously .
T . B . MINUTES 29
8 / 9 / 93
Agenda Item No . 22 - Records Management Disposition Listing
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas authorizing and directing the Records Management Officer to
dispose of the records as described in the Records Management
Disposition Listing as presented according to the procedure
developed by SARA . Carried unanimously .
Agenda Item No 23 - Records Management Inactive Storage Grant
Final Report
The Records Management Officer explained this is the final report
for the second grant the Town was awarded .. The report had to be
submitted by July 31 , 1993 , this resolution asks for the Board ' s
ratification of the submission of the report .
The RMO expressed her hope that the Board read the report so they
would understand why the Town is behind in the schedule . The
Regional Officer has said the Town should not worry about being
behind schedule , but should keep moving on it .
The Town Clerk has received acceptance confirmation and approval
from SARA on the final report and the fiscal report for this phase .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino ratifying the submission of the Records Management Final
Expenditure Report and the Final Narrative Report for 1992 - 1993 ,
Phase II , Inactive Project , as prepared by the Records Management
Officer . Carried unanimously .
Councilman Whitcomb thanked the RMO for a job well done . The Board
concurred with Councilman Whitcomb .
Agenda Item No . 24 - South Hill Trail Modification
Mr . Frantz reported the first modification is the consideration of
an automobile pull off area as a result of discussions last fall
between Mr . Walker , Mr . McConnell ( previous Highway Superintendent )
and Mr . Frantz .
Mr . Frantz toured Burns Road after Mr . Hilker ' s questions were
raised about it and accessed the two existing sites for parking .
The site suggested is the best parking site along the road as it is
superior to the others for its required sight distance for the cars
to safely pull out into the traffic . The other sites both have
problems with sight distance .
Councilman Whitcomb asked where the site was that Mr . Hilker was
objecting to ?
T . B . MINUTES 30
8 / 9 / 93
Mr . Franz said that Mr . Hilker was objecting to the proposed new
site .
Mr . Walker said Mr . Hilker ' s point was if there were cars parked on
the shoulder which is only four feet wide now , cars coming and
seeing cars parked near the pavement would have a tendency to pull
out near the center of the road to avoid them , there is poor sight
distance which could cause an accident . Putting a twelve foot wide
extension from the edge of the pavement to the end of the
shouldered graveled parking area would give sufficient space for
the cars to get off and open doors without entering the traffic
lane .
Councilman Whitcomb asked if Mr . Hilker were aware of the size of
that proposed area ?
Mr . _ Walker said the site has been staked , Mr . Hilker asked Mr .
Walker questions . Mr . Walker again looked at it after speaking to
Mr . Hilker .
Mr . Walker feels there is sufficient width on the hillside without
any major earth work . Signage proposed warning about pedestrians .
Councilman Whitcomb asked if the driveway shown was Mr . Hilker ' s ?
Mr . Walker said the driveway is the NYSEG owned right of way for
the original railroad track , Mr . Hilker has an easement to use as
a driveway for the property .
Councilman Niklas asked if there were any alternatives to this
proposal that are equally as good ?
Mr . Walker said there is another alternative , but that he was not
sure he was free to discuss it at this time .
The Supervisor asked Mr . Walker what alternative ?
Mr . Walker said there is a possibility of gaining more land on the
easement from NYSEG .
The Supervisor said she suspected Mr . Hilker would like that idea
even less . The Town could request from NYSEG an easement for some
of the same land that Mr . Hilker is using for a driveway , he would
be very displeased with that .
Councilman Niklas said the real issue is what is better for the
Town regardless of what Mr . Hilker would like or not like . Is
there a better alternative ?
The Supervisor felt what has been worked out between Mr . Frantz ,
T . B . 1.1INUTES 31
8 / 9 / 93
Ivir . Walker , and the Acting Highway Superintendent in this area is
perfectly adequate , because of the twelve feet there should not be
a problem with cars pulling out into the other lane .
Councilman Niklas wished to have the records reflect that the Board
is addressing Mr . Hilker ' s concerns , and that the Board is
evaluating whether his concerns are legitimate , and will they be
resolved by this solution .
Councilman Klein asked what were the specific concerns that Mr .
Hilker raised ?
Mr . Walker said Mr . Hilker was concerned that parking there would
cause traffic to swerve into the lane and not see traffic coming
down the hill .
Mr . Walker felt the area is far enough off the road that won ' t
happen , and there is plenty of sight distance for cars pulling off
the shoulder .
Councilman Niklas asked how do we respond to the question that the
new space this would create would be saturated so people will park
on the road in addition to using this space ? Is the perception
that the use will not saturate the number of parking spaces ?
Hr . Walker noted that it appears the parking area up further is
used much more than this area .
Mr . Frantz said over the last several years he has driven by that
area at all times and dates to investigate the parking situation .
He did not recall any situation when there was anymore than three
cars parked there .
Councilman Liguori asked how many parking spaces would be provided
with this proposal ?
Mr . Walker responded 4 , parallel to the road . It could not be
lengthened because the slope comes close to the road .
Councilman Whitcomb asked if parking Mould be restricted at the
other area if this were constructed , or could that location be
improved ?
1-1r . Noteboom stated it would require a great deal of fill to
improve .
Mr . 16Ialker said it is a more dangerous spot ' because cars are coming
up the hill .
Mr . Frost said he has hiked that trail and that he envisions it
T . B . MINUTES 32
8 / 9 / 93
will get a great deal of use .
The Supervisor stated the original approved plans in 1988 , 1989 had
parking in place which is just not realistic .
14r . Frantz said IIr . Hilker had mentioned the Old Burns Road .
The Supervisor said that was not the plan the Town Board approved .
It was not dependent upon a realignment of Burns Road .
11r . Frantz said his understanding was the area long Burns Road
would be suitable . The observation that Hr . Walker , Mr . McConnell
and he made was while it proved superior to the one further down
towards Coddington Road it is also not a good location for parking .
Councilman Whitcomb asked what is the alternative if more parking
is needed than what would be created from these four parking
spaces ?
Supervisor Raffensperger said maybe the Town would then have to see
if they could share the NYSEG easement with Hr . Hilker . If it can
be done without doing that it would be the sensible thing to do .
Councilman N .iklas said there is no alternative other than to try
this parking area as an experiment .
Mr . Frantz said one of the problems Mr . Hilker raised that appears
to be resolved is the problem lie has had in people parking across
the front of his driveway . Hr . Frantz erected a " Do Not Block
Driveway " sign last winter . Mr . Hilker thanked Hr . Frantz and said
it helped the problem .
Councilman Liguori asked what prompted the nails being put in Mr .
Hilker ' s driveway ?
Councilman Niklas said Mr . Hilker used the phrase retribution , it
sounds like he argued with someone , and to get even they put the
nails in his driveway to harass him .
Councilman Klein said the other comment that Mr . Hilker made was
also the lack of a staging area to the trail entrance , which
implies there are people who are in the road which is a dangerous
situation .
Mr . Frantz said there is adequate shoulder from the parking area by
clearing out some of the brush and low branches . People can walk
behind the existing mailboxes on the shoulder to the trail area .
Where the trail comes out on the road the trail will be eight feet
wide to allow access for the Parks Department trucks . There will
be a considerable staging area there .
T . B . HTNUTES 33
8 / 9 / 93
Supervisor Raffensperger asked if all of this was within the
highway right of way ?
Mr . Frantz raid , yes .
Motion made by Councilman Niklas making a negative determination of
environmental significance for the automobile pull off area on
Burns Road to be constructed in conjunction with the South Hill
Recreation Play . Seconded by Councilman Klein . Carried
unanimously .
Motion made by Councilman Niklas approving the location and design
of the automobile pull - off area on Burns Road to be constructed in
conjunction with the South Hill Recreation Way . Seconded by
Councilman Liguori . Carried unanimously .
Mr . Frantz said the second item on South Hill Trail is the hill
section between the railroad grades which continues to be a
problem . Originally it came out of Juniper Drive at a very sharp
turn , since the Town now owns the 3 . 5 acres as part of the Klondike
Development , it was decided to bring the trail out in a gradual
curve further west along the railroad grade . This makes for a
better trail alignment .
Councilman Niklas asked if this would mean it was more graceful to
walk , or more aesthetic to look at .
Mr . Frantz said it would be both and even be cheaper to build .
Motion made by Councilman Niklas making a negative determination of
environmental significance for the change in the alignment of
approximately 400 feet of the South Hill Recreation Play in the
vicinity of the intersection of the upper and lower sections of the
Recreation Play . Seconded by Councilwoman Valentino . Carried
unanimously .
Motion made by Councilman Klein approving the change in the
alignment of approximately 400 feet of the South Hill Recreation
Play in the vicinity of the intersection of the upper and lower
sections of the South Hill Recreation Play . Carried unanimously .
Agenda Item No 26 - Automated D .zita Processing Committee Change of
Staff
Motion made by Councilman Klein , seconded by Councilman Niklas
approving the request of Daniel Walker , Town Engineer to be removed
from the Automated Data Processing Committee and approving the
addition of Michael Ocello , Assistant to the Town Engineer as a
member . Carried unanimously .
T . B . HINUTES 34
8 / 9 / 93
The Supervisor mentioned the ADP Committee report showing a net
savings in 1993 of $ 8490 for maintenance contracts on the Town ' s
automated equipment . The Supervisor congratulated the ADP
Committee ,
Agenda Item No . 27 - Town Board l•leeting Minutes , 7 / 12 / 93
I--lotion made by Councilman Whitcomb approving and adopting the Town
Board 1°leeting 1°linutes of 7 / 12 / 93 as the official minutes for that
meeting with the correction on the Title Page , Line 11 to read
from , " Catherine Valentino , Councilman " to " Catherine Valentino ,
Councilwoman " . Seconded 1) y Councilman Niklas . Carried
unanimously .
Agenda Item No . 28 - Town Board Special Heeting I°linutes , 7 / 26 / 93
Motion made by Councilman Whitcomb , seconded by Councilman Klein
approving and adopting the special Town Board Meeting Hinutes for
7 / 26 / 93 as the official minutes of that meeting as written .
Carried unanimously .
Agenda Item No . 29 - Quarterly Investment Report , 4 / 93 through 6 / 93
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas adopting the Quarterly Investment Report for the period 4 / 93
through 6 / 93 as the official Quarterly Investment Report for the
months indicated . Carried unanimously .
Agenda Item No . 30 - Financial Report , 6 / 93
Motion made by Supervisor Raffensperger , seconded by Councilman
Niklas adopting the June 1993 Financial Report as the official
Financial Report for the month indicated . Carried unanimously .
Agenda Item No . 31 - Town of Ithaca Warrants
Hoti. on made by Councilman Niklas , seconded by Councilwoman
Valentino authorizing the payment of the .:abstract warrants as
audited . Carried unanimously .
Agenda Item No . 32 - Bolton Point Warrants
Motion made by Supervisor Raffensperger , seconded by Councilman
Niklas authorizing the payment- of the abstract warrants as audited .
Carried unanimously .
I
Agenda Item Additional No . 1 - Recruitment of Assistant Building
Inspector / Zoni. ng Enforcement Officer
T . B . MINUTES 35
8 / 9 / 93
The Supervisor explained the Board received a copy of a resignation
from the Assistant Building Inspector / Zoning Enforcement Officer .
Motion made by Councilwoman Valentino , seconded by Councilman Klein
authorizing and directing the Personnel Director to proceed with
the recruitment of a qualified individual to fill the vacancy of
the Assistant to the Building / Zoning Enforcement Officer . Carried
unanimously .
Agenda Item Additional No . 2 - Attendance American Planning
Association Northeast Regional Conference
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino authorizing the attendance by the Assistant Town Planner
at the American Planning Association Northeast Regional Conference
to be held 9 / 30 to 10 / 1 / 93 in Burlington , Vermont at a cost
including lodging not to exceed $ 650 . 00 paid from account 8020 . 403 ,
and authorizing the prepayment of three nights lodging for the
conference at a cost not to exceed $ 280 . 00 . Carried unanimously .
Agenda Item No . 33 - Executive Session
Motion made by Supervisor Raffensperger to go into Executive
Session to discuss a personnel matter and possible litigation .
Seconded by Councilman Niklas .
The Board went into Executive Session at 8 : 14 p . m .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino to resume regular session . Carried unanimously . The
Board resumed regular session at 9 : 17 p . m .
As a result of the Executive Session the following resolutions were
adopted by the Town Board .
Motion made by Councilman Whitcomb , seconded by Councilman Liguori
authorizing and directing to proceed with the recruitment process
to fill the position of Highway Superintendent for the Town of
Ithaca . Carried unanimously .
Agenda Item No . 25 - Planning Board Appointment
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas appointing Eva Hoffman , 4 Sugarbush Lane to fill the
unexpired term of William Lesser on the Town of Ithaca Planning_
Board for a term of office effective immediately upon adoption of
this resolution through December 31 , 1996 , Supervisor
Raffensperger , aye ; Councilman Whitcomb , aye ; Councilwoman
Valentino , aye: ; Councilman Liguori , nay ; Councilwoman Leary , aye ;
Councilman Klein , nay . Motion carried .
T . B . MINUTES 36
8 / 9 / 93
Agenda Item No . 34 - Adjournment
As there was no further business to come before the Board ,
Councilman Niklas made a motion to adjourn . Seconded by
Councilwoman Valentino . Carried Unanimously .
Meeting adjourned at 9 : 20 p . m .
Respectfully submitted ,
Joan Lent Noteboom ,
Tom Clerk
* * * Public Hearing - September 13 , 1993 , 7 : 00 p . m . - " LOCAL LAW
AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REZONING A PORTION OF
LAND ON ELMIRA ROAD AND SEVEN MILE DRIVE FROM LIGHT INDUSTRIAL TO
R - 30 AND FROM BUSINESS C TO LIGHT INDUSTRIAL " .
HINAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 6
Support of Application for ISTEA Transportation Enhancement Funds
• Cayuga Inlet Trail Project
Resolution No . 219
WHEREAS , the completion of a multi - use trail project to
connect the four major recreational facilities under the control of
the New York State Office of Parks , Recreation and historic
Preservation within Tompkins County is a longstanding priority
project ; and
WIIEREAS , the Cayuga Inlet Trail has been identified in three
phases to connect Alan 11 . Treman State Park to Buttermilk Falls
State Park parallel to the Cayuga Inlet ( Phase I ) , to connect
Buttermilk Falls State Park to Robert 11 . Treman State Park parallel
to Cayuga inlet Creek South ( Phase II ) , and to connect Taughannock
Falls State Park to Alan 11 . Treman State Park along the old .Lehigh
Vallev Railroad corridor ; and
W11L11FAS , the proposed Cayuga Inlet Trail would traverse an
area of diverse , scenic , natural , and cultural features , and would
Provide access to existing and proposed local and regional trails
and to several neighborhoods ; and
W11LRFAS , the proposed Cayuga Inlet Trail would provide the
residents of the Town of Ithaca and Tompkins County with additional
recreational and transportation opportunities in a safe and
enjoyable environment ; and
WHEREAS , the New York State Office of Parks , Recreation and
Historic Preservation - Finger Lakes Region intends to file a grant
application for funds available under the Transportation
Enhancement Program of the Intermodai Surface Transportation
Efficiency Act of 1991 as administered by the New York State
Department of Transportation in order to fund necessary planning ,
acquisition , and construction of the Cayuga Inlet Trail ; now
therefore be it
RESOLVED . that the Town of Ithaca does hereby support the New
York State Office of Parks , Recreation and Historic Preservation -
Finger Lakes Region ' s application for funds available under the
Transportation Enhancement Program of the Intermodal Surface
"Transportation Efficiency Act of 1991 as administered by the New
York State Department of Transportation ; and be it further
• RESOLVED , that the Town of Ithaca considers the completion of
the Cavuga Inlet Trail to be a priority recreation and
transportation project serving its residents and citizens .
MOVED : Councilman Niklas SECONDED : Councilwoman Valentino
DATED • August 9 . 1993 Carried Unanimously
.I noA¢ arn+` — -
Jo ]91 Lent Noteboom , Town Clerk
FINAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 8
SEQR - Local Law Rezoning , Elmira Road / Seven Mile Drive
Light Industrial / Bu. siness C to Light Industrial / R - 30
Resolution No . 220
W1I131REAS , this action is the consideration of the proposed
" LOCAL LAW AMENDING THE TOWN OF i THACA ZONING ORDINANCE REZONING A
PORTION OF LAND ON CLMIRA ROAD AND SEVEN MILE DRIVE FROM LIGHT
INDUSTRIAL TO R - 30 AND FROM BUSINESS C TO LIGHT INDUSTRIAL " ; and
WHEREAS , this is an Unlisted Action for which the Town of
Ithaca Town Board has been legislatively determined to act as Lead
Agency in environmental review ; and
WHEREAS . the 'Town Board , at their August 9 , 1993 regular
meeting , has reviewed. the proposed Local Law , and the Full
Environmental Assessment Form prepared by the Assistant to the Town
Planner ; and
WHEREAS , the Assistant Town Planner has recommended a Negative
Determination of Environmental Significance in for the proposed
action ; now therefore be it
RE= SOLVED , that the Town Board hereby makes a Negative
Determination of Environmental Significance in accordance with the
New York State Environmental Quality Revicw Act for the Proposed
" LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REZONING A
POR101ON ' OF LAND ON CLMIRA ROAD AND SEVEN MILE DRIVE FROM LIGILT
INDUSTRIAL '110 R - 30 AND FROM BUSINESS C TO LIGIIT INDUSTRIAL , " , and
therefore an Environmental Impact Statement will not be required .
MOVED : Councilman Niklas
SECONDL? D : Councilman Liguori Carried Unanimously
DATED * August 9 , 1993
Joan Lent Noteboom , Town Clerk
I
FINAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 9
Public Hearing - Local Law to Amend Zoning Ordinance
Flmira Road / Seven Mile Drive
Light Industrial / Business C to Light Industrial / R - 30
Resolution No . 221
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 Scptember 13 . 1993 at 7 : 00
p . m . for the consideration of a , " LOCAL LAW AMENDING THE TOWN OF
ITHAC;A ZONING ORDINANCE REZONING A PORTION OF LAND ON ELMIRA. ROAD
AND SEVEN MILE DRIVE, FROM LIGHT INDUSTRIAL TO R - 30 AND FROM
BUSINESS C TO LIG11T INDUSTRIAL " .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : August 9 . 1993
Joan Lent Noteboom . Town Clerk
FINAL
Town Board Meeting 8 / 9193
Agenda Item No . 15
Declaration of Emergency - Schickel Water District
Resolution No . 222
WHEREAS , the Town Engineer has reported to the Town Board that
the Town is presently trucking in water to the Schickel Water
District because there is not an adequate supply of water ; and
WHEREAS , the Town Engineer has also investigated that the cost
of extending the water main lines to the Schickel Water District
would be approximately $ 30 , 000 ; now therefore be it
RESOLVED , that because of the circumstances relating to the
inadequate water supply in the Schickel Water District and pursuant
to General Municipal Law , Section 103 , Subdivision 4 , the Town
Board hereby declares an emergency situation exits within the
Schickel Water District and therefore dispenses with the
requirements of bidding for the extension of the water main lines
to the Schickel Water District .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
F I
At
Town Board Meeting 8 / 9 / 93
Agenda Item No . 17
On - Site Fuel Storage
Resolution No . 223
WHEREAS , the Acting Highway Superintendent has presented a
report to the Town Board explaining an On - Site Fuel Storage System
for the Town ' s motor vehicles ; and
WHEREAS , the report as submitted shows considerable savings in
the purchase of fuel for the Town vehicles by using the state bid
price for bulk fuel purchases ; and
WHERI .'sAS , the estimated cost of the On - SIto Fuel Storage System
is approximately $ 25 , 000 ; now therefore be it
RESOLVED , that the Town Supervisor , Acting IIighway
Superintendent ; and Assistant Dudgct Officer are hereby authorized
and directed to investigate the funding of the proposed On - Site
Fuel Storage System as presented by the Acting Highway
Superintendent ,
MOVED : Councilman Liguori
SECONDED : Councilman Klein Carried Unanimously
DATEDe August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
F1 NAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 18
Amendment to Agreement of Expenditures of IIighway Funds
• Resolution No . 224
WIIEREAS , the Highway Superintendent presented the Agreement
for Expenditures of Highway Funds for the year 1993 pursuant to the
provisions of Section 284 of the Highway Law , and it was approved
by the Town Board at the Town Board Meeting on March 8 , 1993 ; and
WIIEREAS , there is a need to amend the Permanent Improvements
section of the Agreement to include work on Yorest home Drive with
no work being completed on Judd Falls Road . The General Repairs
section of the Agreemcnt will not change ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby
approves the amendment to the Agreement for Expenditures of IIighway
Funds as per the attached .
i MOVED : Councilman Niklas
Carried Unanimously
SF;CONDED : Councilwoman Valentino
DATED : August 9 , 1993
Joan Lent Noteboom . Town Clerk
•
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES
Amendment
AGREEMENT between the Town Superiatendeat of the Town of Ithaca , Toapkins County , New York and the
undersigned aetbers of the Town Board .
Pursuant to the provisions of Section 284 of the Highway Law , we agree that coneys levied and collected in
the Iowa for the repair and iiproveient of highways , and received frox the State for State Aid for the repair and
ieproveeent of highways , shall be expended as follows ,
1 . PERMANENT IMPROVEMENTS . The following sues shall be set aside to be expended for the perianent inproveaeat
of town highways ,
( a ) On forest Bole Drive , coliencinq at Judd Falls Road and leading to a point of 425 feet north , a
distance of . 08 riles , there shall be expended not over the sal of $ 20 , 000 .
( b ) On forest Bole Drive cotlencinq at the Old Retaining fall and leading to a point 134
feet to the end of the Old Retaining fall , there shall be expended not over the sut
of $ 5 , 000 .
Executed in duplicate this 9th day of August 1993s
u visor — Councilp son
Coun 1person
Coa�aci person ,
Coancilperson Coancilperson
w
CoaacJilpersoa Conaci person .
Cc < /T
County Super endent f ' gbways Town Superintendent
NOTE , This Agreeient should be signed in duplicate by a sajority of the aeibers of the Town Board and by the town
Superintendent . Both copies lust be approved by the County Superintendent . One copy lust be filed in the Iowa
Clerk ' s office and one in the County Superintendent ' s office . COPIES DO NOT HAVE f0 BE PILED IN ALBANT .
•
FINAI
Town Board Meeting
Agenda Item No . 19
Sale of 922 Loader and Utility Trailer
• Resolution No . 225
WHEREAS , the Highway Department has purchased a new Loader to
replace the 922 Loader , and a new larger capacity utility trailer
6
to replace the old trailer ; and
WHEREAS , the Highway Department would like to put the 922
Loader and the old utility trailer in an auction in September ; now
therefore be it
RESOLVED , that the 922 Loader and the old utility trailer be
placed in the auction with the monies from the sale going into
account No . ( DB2665 ) .
MOVED : Supervisor Raffensperger
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
FINA1
Town Board Meeting 8 / 9 / 93
Agenda ltem No . 20
Computer and Software Purchase
• Resolution No . 226
WHEREAS , the Accounting Department needs to upgrade their
accounting software with the new program offered by Williamson Law
Book Company ; and
WHEREAS , the department will need computers with a larger
capacity in order to run the new program ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve the purchase of new accounting software at a cost of
$ 1 , 600 . 00 ; and be it further
RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve the purchase of two new computers for the Accounting
Department at a cost not to exceed $ 2 . 000 . 00 each ; and be it
further
RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve a budget amendment to decrease A1670 . 407 , lRuipment
Maintenance ; and increase A1670 . 202 , Computer for $ 6 , 000 . 00 to
cover the cost of both the computers and software .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED@ August 9 . 1993
Joan Lent Noteboom , Town Clerk
•
F1 NA I
Town Board Meeting 8 / 9 / 93
Agenda Item No . 21
Inlet Valley Water & Sewer , Contract # 4 - Change Order # 2
Resolution No . 227
WHEREAS , the Town Engineer has explained the attached Work
Directive Change for the Inlet Valley Water and Sewer Improvements .
Contract No . 4 of the 1989 Capital Improvement Program to the Town
Board ; and
WIIEREAS , the Town Board has reviewed and discussed the said
Work Directive Change for the said contract ; now therefore be it
RESOLVED , the Town Doard of the Town of Ithaca hereby approves
the Work Directive Change and authorizes the Town Engineer to
execute the same for the Inlet Valley Water and Sewer Improvements .
Contract No . 4 of the 1989 Capital Improvement Program .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED@ Councilman Klein
DATED : August 9 . 1993
Joan Lent Noteboom , Town Clerk
•
PROJECT : Inlet Valley Water & Sewer CHANGE ORDER NUMBER : 2
Improvements - Contract # 4
INITIATION DATE : 8 / 3 / 93
T0 :
G . DeVincentis & Son
7 Beldon Street CONTRACT FOR : Water & Sewer
Binghamton , New York 13903 Improvements
• CONTRACT DATE : 11 / 2 / 92
You are directed to make the following changes in this Contract :
14 Install 50 ' of 54 " CHP , a precast concrete catch basin and a
gravel access drive to the Town of Ithaca Inlet Valley Sewage Pump
station # 1 , as shown on the Drawings for the Culvert Pipe
Extension - 654 / 658 Elmira Road , prepared by the Town of Ithaca
Engineering Department and dated 4/ 30 / 93 . This Change Order is
being issued to allow improvement of access to the Town of
Ithaca Pumping Station installed under a previous contract .
The Town of Ithaca will provide all materials and the Contractor
shall provide the labor and equipment to complete the work .
This additional work will be compensated for by a $ 8 , 625 . 00 lump
sum payment .
2 . Provide to the Town of Ithaca 400 Lineal Feet of 8 " Class 52
Ductile Iron Pipe delivered to the new Rte . 327 entrance to
Treman State Park . This pipe shall meet the material requirements
of Bid Item 16A , 8 " DI Water Hain . Compensation for this
material will be at the unit price of $ 9 . 95 per lineal foot for a
total . cost of $3 , 980 . 00 .
Not valid until signed by both the Town of Ithaca and Engineer .
Signature of the Contractor indicates his agreement herewith , including
any adjustment in the Contract Sum or Contract Time .
The original ( Contract Sum ) was . 0000 . . . . . . . . . . . . . . . . . . . . . . . $ 847 , 347 . 50
Net change by previously authorized Change Orders 0000 . . . . . . $ 4 , 693 . 85
The ( Contract Sum ) prior to this Change Order was . . . . . . . . . . . $ 852 , 041 . 35
The ( Contract Sum ) will be increased by this Change Order . . . $ 12 , 605 . 00
The new ( Contract Sum ) including this Change ,Order will be . . $ 864 , 646 . 35
The Contract Time will be changed by 0 days
The Date of Substantial Completion as of the Date of this Change Order
therefore is Not Changed .
Authorized :
ENGINEER CONTRACTOR TOWN OF ITHACA
Town Engineer G . DeVincentis & Son 126 East Seneca St .
Town of Ithaca 7 Beldon Street Ithaca , NY 14850
126 E . Seneca Street Binghamton , NY 13903
• Ithaca , New York 14850
BY BY
/ L
DATE '- S 9 3 DATE "DATE
IV4CO2 /ENGSPEC
FI NAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 22
Records Management Disposition Listing
• Resolution No . 228
WHEREAS , the Town of Ithaca has completed the inventory phase
of the Records Management Program as outlined by the State Archives
and Records Administration ( SARA ) ; and
WHEREAS , the Records Management Officer has determined that
the attached listing of outdated and duplicate copies of records
are eligible for disposition according to the Records Retention and
Disposition Schedule MU - 1 ; and
WHEREAS , the Supervisor , Town Clerk , and Department Ileads
shall review and approve disposition of said records before
disposition ; now therefore be it
RESOLVED , the Town Board does hereby authorize and direct the
Records Management Officer to dispose of the records as described
in the attached listing according to the procedure developed by
SARA .
MOVE D : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilman Niklas
DA'Z' ED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
FIAA
t
Town Board Meeting 8 / 9 / 93
Agenda Item No . 23
Records Management Program Final Report , Phase II - Inactive
Resolution No . 229
•
WHEREAS , a requirement of receiving the grant from the State
Archives and Records Administration for the Records Management
Phase II , :Inactive Project was that the Town of Ithaca file a Final
Expenditure Report and. a Final Narrative Report for 1992 - 1993 by
July 31 , 1993 ; and
WHEREAS , the Records Management Officer has prepared and filed
said reports by July 31 , 1993 as required ; and
WHEREAS , the "Town Board. has reviewed said reports ; now
therefore be it
RESOLVED , that the Town Board does ratify the submission of
the Records Management Final Expenditure Report and the Final
Narrative Report for 1992 - 1993 , Phase 1I , Inactive Project , as
prepared by the Records Management Officer .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATLD : August 9 , 1993
Joan Lent Noteboom , Town Clerk
FIN41
Town Board Meeting 8 / 9 / 93
Agenda Item No . 24
SEQR - Proposed Alignment Change
• South Hill Trail Recreation Way
Resolution No . 230
WIIERE.AS . this action is the consideration of the environmental
implications of a proposed change in the alignment of approximately
400 feet of the South Mill Reacreation Way in the vicinity of the
intersection of the upper and lower sections of the Recreation Way ;
and
WHEREAS , this is an Unlisted Action for which the Town of
Ithaca Town Board is Lead Agency in environmental review ; and
WHEREAS , the Town Board has reviewed the completed Parts I and
11 of the Short Environmental Assessment Form , a map showing the
current and proposed new alignment of the Recreation Way , and a
recommendation for a negative determination of environmental
significance for the proposed action submitted by the Assistant
'town Planner ; now therefore be it
RESOLVED , that the Town Board make and hereby does make a
negative determination of environmental significance for the
proposed change in the alignment of approximately 400 feet of the
South Hill Recreation Way in the vicinity of the intersection of
the upper and lower sections of the Recreation Way .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : August 9 , 993
Joan Lent Noteboom , Town Clerk
•
JV41
Town Board Meeting 8 / 9 / 93
Agenda Item No . 24
Approval of Proposed Alignment Changes South Hill Recreation Way
• Resolution No . 231
WHEREAS , this action is the consideration of the approval of
a proposed change in the alignment of approximately 400 feet of the
South Hill Recreation Way in the vicinity of the intersection of
the upper and lower sections of the Recreation Way ; and
WHEREAS , the proposed South Bill Recreation Way has been
authorized by the Town of Ithaca Town Board by resolution dated
December 29 , 1989 ; and
W1ILREAS , this is an Unlisted Action for which the Town of
Ithaca Town Board , acting as Lead Agency in environmental review ,
has made a negative determination of environmental significance ;
and
WHEREAS , the Town Board has reviewed the current and proposed
new alignment of the South Hill Recreation Way ; now therefore be it
RESOLVED , that the Town Board hereby approves the proposed
change in the alignment of approximately 400 feet of the South Il111
Recreation Way in the vicinity of the intersection of the upper and
lower sections of the South Hill Recreation Way .
MOVED : Councilman Klein
Carried Unanimously
SECONDED : Councilman Niklas
DA'Z' ED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
FINAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 24
SEAR - Proposed Alignment Change : South IIill Recreation Way
• Automobile Pull - Off Area
Resolution No . 232
W1IEREAS , this action is the consideration of the environmental
implications of a proposed automobile pull - off area on Burns Road
to be constructed in conjunction with the South Hill Recreation
Way ; and
WHEREAS . this is an Unlisted Action for which the Town of
Ithaca Town Board is Lead Agency in environmental review % and
WHEREAS , the Town Board has reviewed the completed Parts I and
11 of the Short Environmental Assessment Form , a drawing showing
the location of the proposed pull - off , and a recommendation for a
negative determination of environmental significance for the
proposed. action submitted by the Assistant Town Planner ; now
therefore be it
RESOLVED , that the Town Board make and hereby does make a
negative determination of environmental significance for the
proposed automobile pull - off area on Burns Road to be constructed
in conjunction with the South hill Recreation Way .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilman Klein
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
F1 NAL
Town Board Meeting 819 ! 93
Agenda Item No . 24
Approval of Proposed Alignment Changec South Hill Recreation Way
• Automobile Pull - Off Area
Resolution No . 233
WHCRCAS , this action is the consideration of the approval of
a proposed automobile pull - off area on Burns Road to be constructed
in conjunction with the South Hill Recreation Way ; and
WHEREAS , the proposed South Ilill Recreation Way has been
authorized by the Town of Ithaca Town Board by resolution dated
December 29 , 1989 ; and
WHEREAS , this is an Unlisted Action for which the Town of
Ithaca Town Board , acting as Lead Agency in environmental review ,
has made a negative determination of environmental significance ;
now therefore be it
RESOLVED , that the Town Roard hereby approves the proposed
location and design of the proposed automobile pull - off area on
Burns Road to be constructed in conjunction with the South Bill
Recreation Way .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilman Liguori
DATLD : August 9 . 1993
Joan Lent Noteboom , Town Clerk
•
i; F
IN
At
Town Board Meeting 8 / 9 / 93
Agenda Item No . 25
Planning Board Member Appointment
• Resolution No . 234
WIIEREAS , a vacancy exists on the Town of Ithaca Planning
Board due to the resignation of William I1 . Lesser ; now therefore be
it
RESOLVED , the Town Board hereby appoints Elva I1offman , 4
Sugarbush Lane , to fill the unexpired term of William II . Lesser for
a term of office effective immediately upon adoption of this
resolution through December 31 , 1. 996 .
MOVED : Councilwoman Valentino Supervisor Raffensperger Aye
Councilman Whitcomb Aye
SECONDED * Councilman Niklas Councilwoman Valentino Aye
Councilman Niklas Aye
DATED : August 9 , 1. 993 Councilman Liguori Nay
Councilwoman Leary Aye
Councilman Klein Nay
Motion Carried
--- - _ QCn .----
Joan Lent Noteboom , Town Clerk
•
FINAL
Town Board Meeting 8 / 9 / 93
Agenda Item No . 26
Automated Data Processing Committee Appointment
Resolution No . 235
•
WHEREAS , the Town Board created an ad - hoc committee entitled
Automated Data Processing Committee in March 1992 to investigate
and determine the course of action the Town should take regarding
the computer equipment and software used by Town employees ; and
WHEREAS , as a result of a staff change in the Planning
Department . and the request of the "Town Engineer that he be removed
from the committee because of his workload it is necessary to
change the staff representation on the committee ; now therefore be
it
RESOLVED . the Town Board hereby approves the addition of
Louise Raimondo , Planner I : as a member of the said committee ; and
be it further
RESOLVED , that the Town Board. hereby approves the request of
Daniel Walker , Town Engineer to be removed from said committee and
the addition of Michael Ocello . Assistant to the Town Engineer as
a member .
MOVED : Councilman Klein
Carried Unanimously
SECONDED : Councilman Niklas
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
FlIVA ,
Town Board Meeting 8 / 9 / 93
Agenda Item No . 27
Town Board Meeting Minutes - 7 / 12 / 93
Resolution No . 236
WHEREAS , the Town Clerk has presented the Town Board Meeting
Minutes for the regular meeting held on July 12 , 1993 to the Town
Board for their review and approvals and
WHEREAS , the Town Board has reviewed said minutes and
requested the correction on the title page of line 11 to read from ,
" Catherine Valentino , Councilman " to " Catherine Valentino " .
Councilwoman ; now therefore be it
RESOLVED . the "Town Board does hereby approve and adopt said
minutes with the referenced correction as the official minutes of
the Town Board for the regular meeting held July 12 , 19930
MOVED : Councilman Whitcomb
Carried Unanimously
SECONDED : Councilman Niklas
DATED : August 9 , 1993
mow _.
Joan Lent Noteboom , Town Clerk
•
F1 NAJ
Town Board Meeting 8 / 9 / 93
Agenda Item No . 28
Town Board Meeting Minutes - July 26 , 1993
Resolution No . 237
•
WHEREAS , the Town Clerk has presented the Town Board Meeting
Minutes for the special meeting held on July 26 , 1993 to the Town
Board for their review and approval ; and
WHEREAS , the Town Board has reviewed and approved said minutes
as written ; now therefore be it
RESOLVED , the Town Board does hereby approve and adopt said
minutes as the official minutes of the Town Board for the special
meeting held July 26 , 19930
MOVED : Councilman Whitcomb
Carried Unanimously
Sl?CONDED : Councilman Klein
DATED : August 9 , 1. 993
Joan Lent Noteboom , Town Clerk
•
�i
Town Board Meeting 8 / 9 / 93
Agenda Item No . 29
Quarterly Investment Report - 4 / 93 To 6 / 93
Resolution No . 238
WHEREAS , the Assistant Budget Officer has presented the
Quarterly Investment Report of the Town of Ithaca for the months
4 / 1 / 93 to 6 / 30 / 93 to the Town Board for their review ; and
WHEREAS , the Town Board has reviewed and discussed said
report ; now therefore be it
IWSOLVED , the Town Board does hereby adopt said report as the
official Quarterly Investment Report for the months indicated .
MOVED : Councilwoman Valentino
SECONDED : Councilman Niklas Carried Unanimously
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
i
age�d�. 609
TOWN OF ITHACA
INVESTMENT REPOR14
FOR THE QUARTER 04 / 01 / 93 - 06 / 30 / 93
REPURCHASE AGREEMENTS
DATE RATE OF MATURITY INTEREST
ACQUIRED AMOUNT INTEREST DATE EARNED
03 / 15 / 93 2 , 014 , 342 . 79 3 . 15 % 06 / 14 / 93 155645 . 65
06 / 14 / 93 1 , 500 . 000 . 00 3 . 10 % 09 / 13 / 93
- - - - - - - - - - - - - - -
SAVINGS
END OF MONTH RATE OF INTEREST
MONTH BALANCE INTEREST EARNED
PRIL 2 1, 936 , 861 . 04 3 . 00 % 79510 . 60
MAY 2 11798 , 052 . 43 3 . 00 % 7 408 . 29
JUNE 299479773 . 08 3100 % 69827 . 54
INTEREST CHECKING
END OF MONTH RATE OF INTEREST
MONTH BALANCE INTEREST EARNED
APRIL 1329118015 2 . 50 % 365 . 88
MAY 73 , 225 . 54 2 . 50 % 352 . 25
JUNE 3680424 . 50 2 . 50 % 536 . 65
0 / 09 / 93
l
Town Board Meeting 8 / 9 / 93
Agenda Item No . 30
Financial Report - June 1993
Resolution No . 239
WHEREAS , the Assistant Budget Officer has presented the
Financial Report of the "Town of Ithaca for the month ending June
30 , 1993 to the Town Board for their review and approval ; and
WHEREAS , the Town Board has reviewed and approved the said
report ; now therefore be it
RESOLVED , the Town Board does hereby adopt said report as the
official Financial Report for the month indicated .
MOVED : Supervisor Raffensperper
Carried Unanimously
SECONDED : Councilman Niklas
DATED : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
Town Board Meeting 8 / 9 / 93
Agenda Item No . 31
Town of Ithaca Warrants
Resolution No . 240
•
WHEREAS , the following numbered abstracts with the numbered
listing of vouchers has been presented to the Town Board for
approval of payment ; and
W11111ZEAS , said abstracts have been audited for payment by the
Town Board ; now therefore be it
RESOLVED , that the Town Board does hereby authorize the
Payment of said abstracts .
General Townwide Vouchers : No . 333 to 380 $ 53 . 058920
General Outside Village Vouchers : No . 171 to 195 32 . 098 . 75
Highway Vouchers : No . 235 to 278 47 , 091 . 83
Water & Sewer Vouchers : No . 198 to 223 22 , 485 . 49
Lighting District Vouchers : No . 19 to 21 932 . 06
Capital Projects Vouchers : No . 28 to 35 145 . 564 . 65
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino Carried Unanimously
DA.'.I.' F: D : August 9 , 1993
Joan Lent Noteboom , Town Clerk
•
Town Board Meeting 8 / 9 / 93
Agenda Item No . 32
Bolton Point Warrants
• Resolution No . 241
WIIEREAS , the following abstracts with the numbered listing of
vouchers for Bolton Point have been presented. to the Town Board for
approval of payment ; and
WIIEREASO said abstracts have been audited for payment by the
Town Board ; now therefore be it
RESOLVED , that the Town Board does hereby authorize the
payment of the Bolton Point Abstracts ,
Operating Fund Vouchers : No . 442 - 493 $ 99 . 133 . 14
MOVED : Supervisor Raffensperger
SECONDED : Councilman Niklas Carried Unanimously
DATED : August 9 . 1993
Joan Lent Noteboome Town Clerk
F INA
Town Board Meeting 8 / 9 / 93
Agenda Item No . 33
Advertisement - Highway Superintendent Position
® Resolution 242
BE I10 RESOLVED , that the Personnel Director is hereby
authorized and directed to proceed with the recruitment process to
fill the position of Highway Superintendent for the Town of Ithaca .
MOVED : Councilman Whitcomb
SECONDED : Councilman Liguori Carried Unanimously
DATED : August 9 , 1993
�1nJl
Joan Lent Noteboom , Town Clerk
F I .
At
Town Board Meeting 8 / 9 / 93
_ - Agenda Item - Additional No . 1
Recruitment of
• Assistant Building Inspector / Zoning Enforcement Officer
Resolution No . 243
WHEREAS , the Assistant Building Inspector / Zoning Enforcement
Officer has submitted his resignation to become effective August
23 , 1993 ; and
WHEREAS , in order that the Building / Zoning Department can
continue to perform in an efficient manner it is necessary to fill
this vacancy as soon as possible ; now therefore be it
RESOLVED , that the Town Board hereby authorizes and directs
the Personnel Director to proceed with the recruitment of a
qualified individual to fill said position .
MOVED ; Councilwoman Valentino
SECONDED : Councilman Klein Carried Unanimously
DATED : August 9 , 1993
Joan Lcnt Noteboom , Town Clerk
•
FIN 41
Town Board Meeting 8 / 9 / 93
Agenda Item - Additional No . 2
Attendance American Planning Association
• Resolution No . 244
BE IT RESOLVED , that the Town Board herebv authorizes the
attendance by the Assistant Town Planner at the American Planning
Association Northeast Regional Conference . to be held September 30
to October 1 . 1993 in Darlington . Vermont , at a cost including
lodging not to exceed $ 650 . 00 to be taken from account number
8020 . 403 ; and be it further
1W. SOLVLiD , that the Town Uoard hereby authorizes prepayment of
three nights lodging for the conference , at a cost not to exceed
` 280 . 00 .
MOVED : Councilman Niklas
Carried Unanimouslv
SECONDED : Councilwoman Valentino
DATLD : August 9 . 1993
Joan Lent Noteboom . ] own Clerk
•
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
Joan Lent Noteboom being duly sworn , say that I am
the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the
following notice has been duly posted on the sign board of the Town Clerk
of the Town of Ithaca and that the notice has been duly published in the
local newspaper : ( Ithaca Journal )
( See Attached )
Location of sign board used for posting : Town Clerk ' s Office
East Seneca Street
Ithaca , NY 14850
Date of Posting : July 27 , 1993
Date of Publication : July 28 , 1993
Towl Clerk , Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
. � n to and subscribed before me this day of
LEAM 0. CARPEN1S
Notary Public. *me of New Yat
Qualified in Tompkins Co. No. 4797177 Notary Public
Mr Commission Expires April 30, 19_��
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 )
r•
f
Location of sign board used for posting : Town Clerk ' s Office
East eneca treet
Ithaca , NY 14850
Date of Posting : ' July 27 , 1993
Date of Publication : July 28 , 1993
To Clerk , Town . of Ithaca
STATE OF NEW YORK )
COUNTY OF TO=INS ) SS :
TOWN OF ITHACA )
to and subscribed before me this day of
LEAH B. CARPENTER
Notary Public, State of New York Iris
Qualified in Tompkins Co. No. 4797177 N o t a y u l c
My Commission Expires April 30, 19� j
�1y OF 1P
9 TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 V
NOTICE OF PUBLIC HEARING
NOTICE I' S HEREBY GIVEN that a public hearing will be held
before the Town Board of the Town of Ithaca at 126 East Seneca
Street , Ithaca , New York , on the 9th day of August , 1993 at 7 : 05
p . m . concerning a proposed local law rezoning a portion of Town of
Ithaca Tax Parcel 33 - 3 - 1 . 2 as follows : 6 + / - acres from Light
Industrial to R - 30 , and 2 . 5 + / - acres from Business C to R - 30 .
Total area of Tax Parcel is 81 + / - acres . Property is bounded by
Seven Mile Drive , Town of Ithaca Tax Parcel 33 - 3 - 2 . 2 and has 300
feet + / - frontage along Elmira Road . Alfred Eddy , Stephen Eddy ,
Paul Jacobs , and Benjamin Minteer , Owners ; William Albern , Agent .
At such time and place all persons interested in the subject
thereof will be heard concerning the same .
Dated : July 26 , 1993
rt
Joan Lent Noteboom , Town Clerk
Town of Ithaca
NOTICE OF -PUBLIC ,
HEARING _
NOTICE IS HEREBY
GIVEN that a public hearing
will be held before the Town
Board of the Town of Ithaca ;I
at 126 East Seneca Street,
Ithaca New York, on the 9th
day of August, 1993 at 7:05
Fm . concerning a proposed
ocal law rezoning a portion
of Town of Ithaca Tax Parcel
t33-3-1 .2 as follows: 6± acres
from Li ht Industrial to R-30,
and 2 .5± acres from Business '
C to R-30. Total area of Tax '
Parcel is 81 ± acres. Property '
is bounded by Seven Mile ,
Drive, Town of Ithaca Tax Par- ;
cel 33-3-2.2 and has 300
feet± frontage along Elmira
Road. Alfred Eddy, Stephen
Eddy, Paul Jacobs, and Ben-
lamin Minteer, Owners: Wil.
iom Albern; Agent. At such
time and place all persons !I
interested in the subject
thereof , will be heard con-
cerning the same .
Joan Lent Noteboom, Town
Clerk 1
Town of Ithaca
July 29, 1993 5
I
OF 1p
F TOWN OF ITHACA
,y� 2104 1 .26 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
NOTICH OF PUBLIC REARING
NOTICE 1S HEREBY GIVEN that a public hearing will be held
before the 'Town Board of the Town of Ithaca at 126 East Seneca
Street , Ithaca , New York , on the 9th day of August , 1993 at 7 : 00
p . m . concerning a proposed local law rezoning a portion of Town of
Ithaca Tax Parcel 33 - 3 - 1 . 2 as follows : 6 + / - acres from Light
Industrial to R - 30 , and 2 . 5 + 1 - acres from Business C to Light
lndustrial and 3 . 5 + / - acres from R - 30 to Light Industrial . Total
area of Tax Parcel is 81 + / - acres . Property is bounded by Seven
Mile Drive , ' Gown of Ithaca Tax Parcel 33 - 3 - 2 . 2 and has 300 feet + / -
frontage along 1: 1 mira Road . Alfred Eddy , Stephen Eddy , Paul
Jacobs , and Benjamin Minteer , Owners ; William Albern , Agent .
At such time and place all persons interested in the subject
thereof will be heard concerning the same .
Dated : July 26 , 1993
Joan Lent Noteboom , Town Clerk
'Down of Ithaca
NOTICE OF PUBLIC
HEARING ak:
NOTICE IS HEREBY;
GIVEN that a public hearing ' '
will be held before the Town ;
Board of the Town of Ithaca
at 126 East Seneca Street,
Ithaca New York, on the 9th
day of August, 1993 at 7:00
Fm. concerning a proposed
ocal law rezoning a portion
of Town of Ithaca Tax Parcel j
333. 1 .2 as follows: 6± acres `.j
from Light Industrial to R-30 i
and 2 .5± acres from Business
C to Light Industrial and 3 .5±
dcres from R-30 to Light In-
dustrial . Total area of Tax Par=' . .
cel is 81 ± acres. Property is
bounded 'by Seven Mile
Drive, Town of Ithaca Tax Par-
cel 33.3-2 .2 and has 300
feet_+ frontage along Elmira
Road. Alfred Eddy, Stephen '
Eddy, Paul Jacobs, and Ben-
lamen Minteer, Owners; Wil-
iam Albern Agent. At such
time and place all persons
interested in the subject
thereof will - be heard con.
cerning the same.
Joan Lent Noteboom, .Town.
Clerk '
Town of Ithaca
July 29, 1993