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HomeMy WebLinkAboutTB Minutes 1994-07-11 OF1ry TOWN OF ITHACA 21 �- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 JWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 Town Board Meeting July 11 , 1994 Agenda 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Town Officials a . Town Supervisor b . Town Engineer C . Town Highway Superintendent d . Town Planner e . Town Building Inspector / Zoning Officer f . Town Clerk / Receiver of Taxes g . Assistant Budget Officer h . Personnel Manager i . Attorney for the Town 4 . Review of Correspondence a . Marc W . Kaplan , Resignation Inter - municipal Youth Commission b . US Postal Service - Mailboxes Danby Road 5 . Report of Town Committees 6 . Report of Tompkins County Board of Representatives 7 . 6 : 15 p . m . - PERSONS TO BE HEARD 8 . 6 : 30 p . m . - PUBLIC HEARING , " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " 9 . Consider SEQR related to a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " 10 . Consider enactment of a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " . 11 . Consider Order of Public Hearing for the extension of water on Troy Road . TB Mtg . 7 / 11 / 94 Agenda Page 2 . 12 . Consider Order of Public Hearing for the extension of water on Coddington Road . 13 . 7 : 30 p . m . - PUBLIC HEARING , consideration of extension of sewer service on West Haven Road , 14 . Consider SEQR related to the extension of sewer service on West Haven Road . 15 . Consider progression of fire contract negotiations . 16 . Consider County proposal to add solid waste fee to the 1995 tax bill . 17 . Consider resolution approving and / or authorizing the following : a . Town Board Minutes - June 13 , 1994 b . TOWN OF ITHACA WARRANTS c . BOLTON POINT WARRANTS d . Budget Amendments e . Town Justice ' s attendance mandatory training seminar . f . Date for Fall Brush & Leaf Pick - up . g . Ratification of acceptance SARA grant . ; ; h . Appointment Assistant Building / Inspector Zoning Officer i . Appointment Account / Clerk Typist j . Appointment Highway Mechanic 18 . Consider change for annual salary pool to cost of living and longevity awards beginning 1995 . 19 . Consider appointment of Planning Board Member . 20 . Consider approval / acceptance of location of roads , utilities , and parks for Sanctuary Woods Subdivision , 21 . Consider development of a storm water management and erosion control plan with supporting ordinances . 22 . Consider appointment of Interviewing Committee for selection of Zoning Board of Appeals member . 23 . Consider architectural services regarding new Town Hall , 24 . Consider suggested items for Fall Newsletter . 25 . Consider Road Surfacing Agreement , 26 . Consider EXECUTIVE SESSION . 27 . Consider ADJOURNMENT . Town Board Meeting 7 / 11 / 94 Additional Agenda Items 1 . Consider Conservation Board ' s resolutions regarding protection of sites of exceptional environmental and ecologic value and importance within the Town of Ithaca . 2 . Consider resignation of Chair of the Conservation Board , 3 . Consider appointment of Chair of the Conservation Board . FINAL Town of Ithaca Town Board Meeting Minutes July 11 , 1994 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York there were : PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino , Councilwoman ; Karl Niklas , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley , Councilman . EXCUSED : David Klein , Councilman ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , Town Engineer ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter , Town Planner ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer . Bruce Brittain ; Laura Marks ; Nancy Break ; Dooley Kiefer , Tompkins County Board of Representatives ; Patricia Pollak ; David Stoyell ; Becky Bilderback , Tompkins County Better Housing ; Mr . and Mrs . Jack Little ; Steve Lucente ; Jon Lucente . EXCUSED : Patricia Punger , Personnel Manager . Call to Order : The Supervisor called the meeting to order at 5 : 31 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of Town Officials : a . Town Supervisor : Supervisor Whitcomb reported on his written report , ( see attached ) . The Supervisor reminded those in attendance the Annual Town Picnic will be held on July 22 , at the upper pavilion Buttermilk Falls State Park . b . Town Engineer : See attached report . Councilwoman Harrison asked if there was any sewer pretreatment at the hospital , and do they have unusual discharge ? Mr . Walker said they do not pretreat , and there is a large amount of latex and other solids . Three years ago there was a similar situation of sewer blockage at the hospital with evidence of solids which should have not been in the lines . The hospital has been informed and a monitored manhole with a strainer will be used , the hospital will be responsible to keep this clean . The sewer is very old and has a great deal of root inclusion . Councilwoman Harrison asked if those line repairs were on the Capital Improvement Plan ? TB Minutes 7 / 11 / 94 Page 2 . Mr . Walker , it is on the plan as a fairly high priority for replacement . The NYS Office of Parks Recreation and Historic Preservation has written they do not see any problems with the design of the Forest Home Bridge . Questions raised will be answered during the final design process . The Tompkins County , Public Works Committee will be addressing this issue at their meeting on July 20 . Supervisor Whitcomb said was somewhat annoyed the Town was again being asked to make a decision on the Forest Home Bridge with a minimal amount of information , and a minimum amount of time in which to respond . Dan Winch , Chair TC Public Works Committee agreed to not make a decision at the July 20 , meeting allowing the Town of Ithaca Public Works Committee to discuss it at their meeting on July 28 . The issue will then be considered at the regular Town Board meeting in August . A memo has been sent to Mr . Winch , and Liz Cameron , Project Engineer outlining the items needed by the Town for the August meeting . Mr . Walker reported work is proceeding to make fire hydrants accessible across ditches . A culvert is being placed across the ditch with a platform for maintenance in the winter . Longer flags will be place on the hydrants for visibility . c . Highway Superintendent : Mr . Noteboom referred the Town Board to his written report , ( see attached ) and asked if there were any questions . Councilwoman asked if notices were posted along the roads and in the parks that Roundup weed killer is used , and if the wood preservative and sealer on park benches and playground equipment is " kid safe " ? Mr . Noteboom responded notices are posted in advance of spraying the Roundup , and he believed the product used on park equipment is safe , but he would check and report back . Councilwoman Harrison asked if the final design of the walkway along Pine Tree Road is wide enough to accommodate bicycles as well as pedestrians ? Mr . Noteboom , it will be ten feet wide . d . Town Planner : See attached report . Mr . Kanter stated Louise Raimondo , Planner I has resigned her position , the Planning Department is recruiting candidates to fill the position . TB Minutes 7 / 11 / 94 Page 3 . e . Building Inspector / Zoning Officer : See attached report . f . Town Clerk / Receiver of Taxes : See attached report . g . Assistant Budget Officer : See attached report . Ms . Alario asked if any Board Members had input for the format of next year ' s budget ? The Finance Committee discussed the format and decided to use the old format . The independent auditors will help with formulas so that it will automatically go into the tax program . Supervisor Whitcomb said presently the totals from the various funds must be carried over to the tax calculation payment manually and then reentered . Cornell ' s tax preparation program does those things automatically , though the format is poor . Ms . Alario mentioned that program would make it easier to do several scenarios on how the tax rate may be effected by using different numbers . h . Personnel Manager : See attached report . i . Attorney for the Town : No report . Agenda Item 4 - Review of Correspondence : a . Marc Kaplan has resigned from the Intermunicipal Youth Commission , a replacement is being sought . A box advertisement will be published for that position , Fire Commissioner , Zoning Board of Appeals member , and Town Historian . b . Post Office - Mailboxes Danby Road : The Post Office offers little hope mail could be delivered on the house side of the road . A survey was sent to residents along Danby Road to see if they would like the mailboxes to be clustered , the response indicated the majority did not wish the clustering , ( see attached ) . Councilman Niklas said the disadvantage of clustering is that if mailboxes are on the right side of the road residents have to walk or drive across the road for a further distance . The Post Office suggestion of clustering would not solve the problem . Agenda Item No . S - Report of Town Committees : Councilwoman Valentino attended a conference on cablevision put on by the State Cable Commission , it was very informative . There have been articles and letters to the Editor regarding service from ACC and the way they have changed the tiers . TB Minutes 7 / 11 / 94 Page 4 . The State Cable Commission has said ACC is within the guidelines of the federal laws . When this started it was stated they would deregulate rates so they could be negotiated , the way the FCC has interrupted the law and made changes has virtually taken away a communities chance to negotiate . They have set criteria and mandated what they can charge . Anything negotiated , such as a discount for senior citizens or a better line extension service can now directly be added to the franchise fee . Example ; the City of Ithaca ' s rate is higher than others because they negotiated their franchise before all the rules and regulations were clear to anyone . The City negotiated these enhancements , but they now have found those enhancements can be directly assessed into the charges . The Town was wise not to go ahead and negotiate a new franchise until things were sorted out . The Town can give a senior citizens discount , but it would become a direct cost to all the subscribers . The FCC has told the cable companies anything which is negotiated can now have a separate price tag . The Town ' s negotiating leverage has been lost . Supervisor Whitcomb asked if there were an effort to negotiate as a group of townships with the cable commission ? Councilwoman Valentino said they are waiting to talk about a County Cable Commission , but that looks bleak because the FCC is not leaving much room to negotiate unless there is a willingness to consider what costs should be incurred . It is unclear what a County Cable Commission would do other than have other meetings . As long as ACC does not have a new franchise agreement they must continue to operate under the old one . Councilwoman Valentino recommended the Town not try to negotiate , but wait to see what happens . A meeting date is to be scheduled to talk about the past franchise fees that may be due the Town for not complying with the contract . Even if those fees were not received , at least it may be possible to get ACC to comply in the future . ACC has not responded well to even meeting about this . Councilwoman Valentino told the Board if they are notified or questioned by constituents to inform them the Town cannot do much at the present time . The Task Force on Recreation took a straw vote about the Town not receiving a subsidy from other Towns to get the pilot program up and going . The County personnel have met with the outlying Towns . They seem interested in the pilot program , but they do not want to participate in a program that would encompass most of the County and the school district . TB Minutes 7 / 11 / 94 Page 5 . The Town of Ithaca , City of Ithaca , and the Town of Enfield were partners in the recreation program . The rest of the Towns have said they do not wish to subsidize youth programs . The City allows individual children to pay a triple fee to participate . The Village of Lansing subsidizes part of that fee for their children , even though that is illegal . These municipalities have said they do not want to subsidize the programs as long as the children can participate at a triple fee . If the Town of Ithaca paid the triple fee for their children rather than by contracting , it would have cut the Town ' s programming costs programming almost in half . There is more documentation about the costs and revenues of these programs than ever before . People have complained strongly about the triple fee , but it doesn ' t really cover the costs of the program . The other townships are getting a real bargain . Supervisor Whitcomb asked if Ithaca was subsidizing other townships which were not participating ? Councilwoman Valentino , yes , the City and Town are . The Town is paying the actual costs for their children and the City is subsidizing the other programs . The decision has to be made if triple fees should be eliminated if people are going to participate from other communities because the real costs are known . The real cost per child would be used , the City and the Town are not going to subsidize those costs anymore . Several years ago the Town figured they could pay half and the City said they would just discontinue the triple fees , the Town said let ' s try to work on this so people would understand how it works . The Town did not wish to be the culprit who denied children access to programs . The Town stayed with the City to work this out . It does not seem as if the other municipalities see this the same way . Maybe it is time to cut the other Towns loose and say pay the real costs . Or tell the people in those municipalities to go to the Town representatives and tell them to subsidize . Councilwoman Harrison said at a meeting at the Coddington Road Community Center someone spoke about summer camp being free to participants . The youth program was picking up the cost even though there are participants from other municipalities . Councilwoman Valentino did not feel that was right . The Town subsidizes the Community Center ' s program , but they are separate from the City Youth Bureau programs . The Youth Bureau ' s believed they were paying for town children at the Community Center . That is another issue . TB Minutes 7 / 11 / 94 Page 6 . Councilwoman Valentino said for over two years they have been trying to make something , that is comfortable for the other municipalities to buy into that would allow children access to more programs and ones in their areas . Until the residents of those towns go after their town representatives to subsidize , it will go now where . Councilwoman Valentino recommended no more triple fees , if you are going to pay , pay the full costs . Supervisor Whitcomb said at some point the program has to stand alone . Councilwoman Valentino asked for a consensus as to whether the Board would like the triple fees eliminated , and residents of other towns notified to pressure their representatives for subsidies . The Board agreed that the triple fees should be eliminated and residents should be notified to talk to their representatives . Supervisor Whitcomb suggested this be discussed as an agenda item in the future since the Town will have to decide the amount of money to contribute , and whether we should participate in the pilot program . Councilwoman Grigorov reported the Planning Committee has been working on the conservation districts and fees for park land . Councilwoman Harrison said there have been meetings with DOT regarding the Route 13 project about the width , and replacement of bridges . This plan will have to be voted on by the City because of the portion that is in the City . If the City were to vote no , it would mean the number of lanes ( 2 or 4 ) would be in question and it may mean a change to the area outside the City where there is no veto power to DOT . It is hoped that will be avoided . Pedestrian concerns , bicyclist concerns , and aesthetic concerns will be addressed . The City may vote on this in August . Agenda Item No . 6 - Tompkins County Board of Representatives : Dooley Kiefer apologized to the Board that the Town had not again heard about the Forest Home Bridge replacement project in a timely manner . The audit for the recycling and solid waste center requested by the taxpayer advisory group and the County Board has been received . There was a strong recommendation to carry on with what is being done , and a feeling it was a strong plan . TB Minutes 7 / 11 / 94 Page 7 . Mrs . Noteboom mentioned two years ago the County Budget and Finance Committee asked the Tax Collector ' s to devise anew bill . The new bill was only to be used for one year , because the County would be purchasing a machine which would allow a " blip pack " style . The collectors have now been told that because the machine was $ 6 , 000 more than anticipated it would not be purchased and the bill would not change . The Town promised the taxpayers through newsletters and the media that the bill in 1996 would be much better . Many people complained the bill looked like junk mail and had thrown it away . It is disconcerting to have worked for two years developing a new bill at the Count ' s request and now the machine will not be purchased . Mrs . Keifer said the format of the bill has not been lost , the County is not going to change its mind about the machine . It was agreed through the committee to accept the staff recommendation not to purchase the machine . Councilman Niklas felt they were two separate issues , one is the machine that processes the bill for easier mailing and the other is the format of the form . The form will be used , the machine that expedites the mailing will not be . Mrs . Noteboom said they asked when devising the form that it be changed to be better understood , as well as being a different form for easier mailing . When the bills go out there will as many or more complaints , as people will remind us the form was to be changed . Agenda Item No . 7 - Persons To Be Heard : Dooley Keifer stated she was happy to see the Town Board moving in the direction of allowing Elder Cottages . Mrs . Keifer has heard the Town may be able to acquire land along Cayuga Lake for public access to the lake . Support would be forthcoming if that were to occur . Room tax dollars the County gets for tourism can be used , not to purchase property , but to help the Town study ways to design uses of that land for public use type concessions . This could help pay for the land acquired . Agenda Item No . 15 - Fire Contract Negotiations : Supervisor Whitcomb said the Fire Contract Committee is slowly narrowing the issues down . Under the old contract the Town ' s percentage share of the budget increased from 19 % to the present amount of 27 % . The share of the property actually protected should be around 32 % . It is recommended the Town move towards that number by phasing it in over the next five years so that it does not impact the taxes dramatically in one year . There has been a great TB Minutes 7 / 11 / 94 Page 81 deal of discussion about the base budget year which --is presently figured on actual expenditures two years ago . The City would like to base it on their budget . Then if it turns out they have spent more than or less than the budget an adjustment would be made the next year . In the last five years of the present contract only once did the City spend less than what was budgeted . In most years more was spent than budgeted . Right now there is a cap , if there is a five percent variation one way or the other the Town does not pay unless it goes over 5 % . If the City wants to base it on budget the Town should still have a cap because the Town has no control over the expenditures of the fire department once the contract is agreed to . The City wishes to add their indirect costs associated with general administrative duties from City Hall . They calculated a percentage amount of $ 122 , 000 of their administrative time is spent on the fire department activities . This was questioned , there is nothing wrong with that principal , but some of the individual line item costs should be looked at . Councilwoman Harrison asked if the Town would be paying 32 % of the $ 122 , 000 ? Are there things that the Fire department does for the City , such as inspections ? Supervisor Whitcomb said , yes it would be 32 % of the $ 122 , 000 . The fire department does do City inspections but they do not hire additional personnel , it is done during the fire departments time when they are not fighting fires . The City turned it around and said they could do the Town ' s fire inspections also , but they would have to hire additional personnel . We told them we would do our own inspections . Payment in lieu of taxes was agreed upon . Instead of the City taking the first $ 150 , 000 and then crediting the Town for any over that , it was agreed to share the amount equally from the beginning . Language would be included in the contact endorsing the goal to move towards consistent fire codes and that those issues would be decided outside of the contract . It was agreed Town residents would not be excluded from hiring as fire fighters , although the Mayor has yet to find the exact mechanism to do so . Councilman Niklas said having the City agree to share equally in the in lieu of tax dollars is a major accomplishment . Ithaca College is a significant hold out in this regard , the fire engines frequently are going to calls at the college . It is unfortunate Ithaca College has such an unwillingness to participate . Could social pressure by publicity be brought to bear on the college ? TB Minutes 7 / 11 / 94 Page 9 . Supervisor Whitcomb said Ithaca College and Cornell University have been written to . President Rhodes of Cornell said they are already contributing , and Ithaca College has said they have never contributed and never will . Councilwoman Harrison asked that those letters be printed . It is heard all the time that Cornell is pushed to do more and do its share . Ithaca College is rarely in the news in that way . Councilman Niklas felt Ithaca College may be sensitive to that sort of negative publicity . Councilwoman Valentino pointed out many of the malicious calls and false alarms are from Ithaca College . Supervisor Whitcomb said in the negotiations the possibility of a charge per false alarm call may be included . Councilwoman Valentino said anyone would have to be charged this , but Ithaca College and Cornell University would be the calls which could be identified . People have called and asked that even if it were a token amount , Ithaca College should pay something . Mr . Frost clarified the number of false alarms as some being malfunctions of the alarms . Some alarms are not pulled maliciously . Councilwoman Valentino said part of the false alarms are from Cornell ' s older buildings having alarms which malfunction due to lack of maintenance . If Cornell paid a hefty fine a few times they may repair them . When the trucks are out on a false alarm or malicious call and there is a working fire , it is a burden on the whole community . Agenda Item No . 17 - Consent Agenda Items • Motion made by Councilman Niklas , seconded by Councilwoman Harrison approving and / or adopting the Consent Agenda Item resolutions as presented . Carried unanimously . Mrs . Noteboom reported the amount received for the Records Management Grant was a welcome surprise because most municipalities who have had previous grants did not receive new funding . Supervisor Whitcomb mentioned the Town received most of what was applied for . Councilwoman Valentino thanked Mrs . Noteboom for her hard work on the records management . TB Minutes 7 / 11 / 94 Page 10 . Agenda Item No . 19 - Planning Board Appointment : The Interviewing Committee was unable to meet to interview the prospective members and will be meeting again on July 19 . The appointment will be made later in the month . Agenda Item No . 21 - Storm Water Management Erosion Control : A resolution has been received from the Conservation Board recommending the Town adopt , as soon as a possible , a storm water and erosion control ordinance . A recommendation has been made by the Town Engineer this be referred back to the engineering department for a full report in October . Motion made by Councilman Conley , seconded by Councilman Niklas authorizing and directing the Town Engineer to study the NYS Department of Environmental Conservation ' s model ordinance for stormwater management to determine how it may relate to the Comprehensive Plan and the goals , objectives , and Departments in the Town . The Town Engineer shall use the DEC model ordinance to analysis how it might be adapted or customized to meet the needs of the Town in direct relationship to the findings . The Town Engineer shall report and make a recommendation to the Board at the October 1994 meeting . Councilwoman Harrison asked if there is presently an ordinance related to this issue ? Mr . Walker said in 1989 a stormwater ordinance was worked on , it is still on the workplan but has not been a high priority . Councilman Niklas said in 1989 the proposal was incorporated in the EPOD legislation . Councilwoman Harrison asked if stormwater were considered in the site plan review process ? Mr . Walker said it is considered in the site plan review and subdivision process . The Town is using accepted standards from the State model . Mr . Frost said the building permit looks at how it effects the house on a building site for drainage away from the building . Supervisor Whitcomb said Mr . Walker is being asked to investigate what is necessary to produce this ordinance and report to the Board on how such a plan would be drafted , who would study it , and so on . Mr . Walker said there are some technical issues like enforcement and development standards to be studied before it could be enacted . TB Minutes 7 / 11 / 94 Page 11 . Councilman Niklas said proposed 1989 ordinance showed a developer providing money in escrow until after completion of the project so any damage would be paid for . You want to avoid damage , rather than pick up the pieces . Agenda Item No . 8 , 91 10 - Public Hearing Local Law Elder Cottages . The Supervisor opened the public hearing at 6 : 30 p . m . The Town Clerk had proof of posting and publication . Councilman Niklas said COC looked at this last year and benefitted from hearing from individuals who were in favor of this local law . It is a privilege to propose this , the Committee and the Attorney for the Town worked very hard . This a law to be proud of . There are some people who may feel the town has not gone far enough . This ordinance applies to the parents or grandparents of at least one owner of the lot . It was suggested the ordinance not restrict the usage of the cottage to a parent or grandparent , but it would be more appropriate to expand it to any family member . This is an experimental legislation . The COC chose to be more conservative than liberal , it was felt the opportunities of abusing an elder cottage by allowing it to be open to any member of the family was greater than initially restricting it to a parent and grandparent . The issue of who could use the elder cottage is subject to a variance . The ZBA is the lead agency because the need for an elder cottage may surface very quickly . The criticism this is a planning issue rather than zoning issue is met because the local law already has the specifics of the size and qualifications of occupying space on a conforming lot . Specific site plan requirements will be dealt with by the ZBA . It is desirable to see how this will work through case histories , and in a reasonable period of time see if it needs to be amended . This not only addresses the emotional issues , but the issue of affordable housing for the elderly . Councilwoman Harrison felt the local law was terrific , but wondered how sewer systems to the cottage would be addressed ? Councilman Niklas said the cottage would have to meet all health standards . If there were a septic system and the elder cottage could not be hooked up to it , it would not be possible to have an elder cottage . Attorney Barney said as a condition of granting a building permit , Mr . Frost will be satisfied the County Health Department has reviewed the system . TB Minutes 7 / 11 / 94 Page 12 . Mr . Frost said the health department grants acceptance based on the number of bedrooms , if number is increased there is the potential they would deny the hook up unless a waiver was granted because it was a temporary connection . David Stoyell , Program Manager Host Program , Cornell Cooperative Extension presented pictures of Elder Cottages to the Board . In 1992 , a reply was received from the Health Department saying as long as the septic and water were adequate for number of people and the system was up to code there would be not problem It is a privilege to be here because the law would be a beginning of something which is very favorable . The Cooperative Extension for several years has been exploring and doing public education on this concept . Studies of elder cottage programs in other countries have been made with zoning the stumbling block because people were reluctant to putting in an elder cottage which they know will have to be removed . Elder cottages which have been privately purchased or obtained through the lease program are not a problem in moving for another ' s use . These cottages help seniors and their supportive family members to retain independence in their living circumstances while enjoying the mutual support which can come to both . They are a decided benefit in supporting the elderly who are frail , and who become more frail . The Cooperative Extension is grateful that Better Housing has taken a lead in Tompkins County for proposing elder housing and hosting an elder cottage lease program . The elder cottage as a removable unit has gotten off the ground when governments have taken the initiative to start programs . The Town of Ithaca should be commended on its proactive stance of senior housing . Becky Bilderback , Director Better Housing for Tompkins County said thank you to the Supervisor and the Town Board for this law . There are two concerns for the future . The local law says the owner of the property must be the child or grandchild , there are presently three applicants for this housing in the Town . One of the applicants owns the main unit and plans to move into the elder cottage allowing the children to live in the primary unit . Tax purposes dictate that ownership of the main unit not be transferred . A variance could be asked on that point . An amendment in the future may have to be made to address these types of tax possibilities . The elder cottages are small modular houses . A question may be raised with affordable housing of what is compatible in the neighborhood . TB Minutes 7 / 11 / 94 Page 13 . Mr , Anderson , County Health Department will look at the occupancy of the combined two units for septic use . If there is a three bedroom house and the combined occupancy is no more than six there should be no problem . How many three bedroom houses in reality have six people in it ? By the time an elderly parent is moving in most families have cut back on occupancy . Since the cottage is tied to the owner it is not a matter of it being sold and having to be dealt with the next owner . The issue of municipal sewer will have to be dealt with along with calculations of the number of units charged . Two of the three applicants from the Town have municipal water . The County Planning Board has discussed there are things which can be done through intermunicipal cooperation . Zoning is each Town ' s domain , but this type of program where the unit will be leased or sold will be greater than the Town of Ithaca . The Town of Groton , Village of Lansing , and the Town of Dryden are actively looking at making changes to make this possible across the County . Better Housing has applied to the State for funding of six units for the County . This will be a demonstration for the whole State . Much of the work is based on Dr . Pollak ' s work , nationally she is known as the best person in this field . The lease program would have some income limits , $ 18 , 000 for a single person . The advantage of working with people at the lower incomes will allow them not to have to cover the up front costs to purchase a unit . That is a significant cost when it is not known how long it will be needed . The grant will purchase these units . A fund will also be set up for moving these units based on the average of every four to five years . Patricia Pollack , Associate Professor Consumer Economics and Housing , Cornell University ; Chair , American Planning Association Housing Division agreed with Councilman Niklas that this is an ordinance to be proud of . Attorney Barney has done a wonderful job . The idea of a lease program assures the community units will be moved and there will not be an enforcement problem taking a difficult job off the shoulders of the Code Enforcement Officer . The other municipalities in New York will be looking to the Town of Ithaca ' s ordinance to see the experience and modifications which will be made over time . Be prepared for questions , the whole nation is very proud of what the Town of Ithaca is doing . Attorney Barney thanked Professor Pollack for the articles she has written from which a great deal of the ordinance was taken from . Dr . Pollack was very helpful in drafting this law . Public hearing closed by the Supervisor at 6 : 55 p . m . TB Minutes 7 / 11 / 94 Page 14 . Councilwoman Harrison asked what enforcement mechanisms would be used if it is found the cottage remains after the elder person has moved ? Attorney Barney said the enforcement mechanisms are the same as would be used in any zoning violation , injunctions and fines . The local law sets up time frames for which the removal is to occur with the opportunity for one extension . Councilman Niklas said part of the application is the owner signs on to the agreement to abide by the law . It is agreed to up front that the owner is responsible for costs incurred by the Town if enforcement is necessary . This is a renewable situation , the Building Officer will review yearly that the conditions are being met . The law has been carefully crafted to balance the need of the elder person and the need of the community to be protected from any abuse of this type of housing unit . Councilman Niklas said he would move this legislation on behalf of all those who worked so diligently on it , it was a team effort . Motion made by Councilman Niklas , seconded by Councilwoman Valentino making a negative determination of environmental significance in accordance with the NYS Environmental Quality Review Act for the proposed , " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . Carried unanimously . Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving and enacting a , LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " , the Town Clerk is hereby authorized and directed to file and publish said Local Law as required by law . Councilwoman Valentino stated it is seldom the Town Board members feel this good about legislation , so much time is spent doing our best for the community and it is wonderful that we can do so much good with this legislation . Roll call voted carried unanimously . Agenda Item No . 11 - Order of Public Hearing , Troy Road : Supervisor Whitcomb recalled the Town Board did set a Public Hearing for this meeting but it was discovered there were some legal technicalities which had not been met so the Public Hearing could not be held . TB Minutes 7 / 11 / 94 Page 15 . Motion made by Councilwoman Valentino , seconded by Councilman Niklas adopting the Order for Public Hearing , ( see attached ) , be held at a special meeting of the Town Board at 7 : 00 p . m . , July 26 , 1994 to consider the extension of water on Troy Road . Carried unanimously . Agenda Item No . 12 - Order for Public Hearing , Coddington Road : Motion made by Councilman Niklas , seconded by Councilman Conley adopting the Order for Public Hearing , ( see attached ) be held at a special meeting of the Town Board at 7 : 15 p . m . , July 26 , 1994 to consider the extension of water on Coddington Road . Councilwoman Harrison said she did not see the information in the packets on the answers to the questions of Coddington and Troy Road . Can they be provided before the public hearings ? Mr . Walker said they would be provided . Motion to adopt the Order for Public Hearing carried unanimously . Agenda Item No . 16 - Solid Waste Fee 1995 Tax Bill : Supervisor Whitcomb reported he and the Town Clerk met with representatives of County staff , other Town Clerk ' s and some other Town Supervisor ' s in which this issue was discussed at length . Apparently there are a number of people on the County Board who are lobbying to have the solid waste fee added to our January tax bill as a separate line . In order to do that they must receive the unanimous permission of the Towns . The County people seem to be convinced to put this off for another year until all the questions and concerns have been answered . It is hoped this Town Board will adopt a resolution to that effect and have it forwarded to the County Board , Councilwoman Niklas said he would not like to see something done which might be challenged through litigation . The concerns raised by the Town Clerk shows there may be some citizens groups who might take action . They may do so just to test the legality of the addition of the fee to the tax bill . Dooley Keifer said members of the Solid Waste Committee on the County Board also had many concerns . The first was it legal , and the answer is yes . The second is still being debated , whether the fee should be added to the same tax bill or whether it would be simpler for the recipients to have a separate bill in the same envelope . The recipient has to understand this is not a tax but a fee , they have the option of refusing to pay it in a way they can not refuse to pay a tax . The Solid Waste Committee will be considering a resolution to that effect tomorrow morning , July - TB Minutes 7 / 11 / 94 Page 16 . 12th . That is probably the direction the County Board will go in . The County is not anxious to put it off for another year , it has already been put off for one year . The savings that would be had in doing a single mailing instead of two is significant to the County . The County did not make out as well in the State budget this year as the Towns , Cities , and Villages ; some revenue has been restored to those entities not to the County . The County is trying to economize in every way possible , and cutting down a billing to all County residents is one way to do it . The meeting Supervisor Whitcomb referred to was done at the County Administrator ' s initiative . He had decided to go to a meeting of the Town Clerk ' s , this was not quite the way it was understood to happen . Beverly Livesay , Chair Government Affairs Committee very much wants to convene a meeting of the Town Supervisors with members of the committee to talk about a number of things dealing with intermunicipal cooperation . The meeting should be set up in the near future and if the Supervisor ' s wished to have the Town Clerk ' s attend that would make sense , but that is up to Ms . Livesay . It is good the Town Board responds to the Town Clerk ' s concerns . The County is trying to be as reasonable as possible . Supervisor Whitcomb mentioned that in the County ' s attempt to save , the costs are being transferred to the Town ' s because it will cost for additional staff to administer the collection of those fees . Mrs . Keifer said that is one of the things which needs to be talked about . Councilwoman Harrison asked if the fee came as a separate bill in the same envelope , would it be a fee payable to the County directly rather than through the Towns ? Mrs . Keifer said the question would be whether the County would want to convenience the municipal administrations , or whether they wish to convenience residents . That decision hasn ' t been made , or has to be made until the separate bill is prepared . Councilman Niklas asked that this issue could be an agenda item for the special meeting on July 26 , to hear what the Solid Waste Committee ' s vote was ? Councilwoman Harrison felt it should be discussed now so that Mrs . Keifer could bring the Town concerns to the Solid Waste Committee before their vote tomorrow . Mrs . Noteboom could explain what she felt the problems may be with the fee as a separate bill in the envelope . TB Minutes 7 / 11 / 94 Page 17 . Mrs . Noteboom said the County is proposing the Town Clerk ' s would collect the fee even with a separate billing in the envelope . Mrs . Keifer said that is one possibility , it is either to have the resident take both the fee bill and the tax bill to the Town Clerk and pay it , or have them take the fee bill to the County and the tax bill to the Town Clerk , that needs negotiation . Mrs . Noteboom said there would be a lot of problems with that . If the Town Clerk collected the fee the Town should request compensation to do so because another staff member during tax collection would be needed . When the fee bill is enclosed with the tax bill taxpayers will assume it goes to one place and will write their check for the total of both the fee and bill . That will add more responsibilities onto the Town Clerk to forward the monies for the fees to the County . The biggest concern is that the Town Clerk ' s voted to change the computer software package for Tax Collection and Tompkins County Data Processing will be writing their own program . It will be a nightmare to train on a new software package , send the tax bills out in time , and have the additional responsibilities of the solid waste fee . There are always " bugs " in a new computer program , which will add more stress and difficulty to the normal collection process . The Town Clerk has no problem in trying to cooperate with the County and finding a way this could be done . The biggest frustration is that ever since this possibility came to light the Town Clerk ' s found out about it just before a vote by a committee , or just afterwards . It seems that if the County wants the Town ' s to offer cooperation they should include them long before they are going to make final decisions . Mr . Keifer said the meeting the County Administrator had with the Supervisors and Clerks , which was not a bad thing , was not the route the County Board had decided on . The decision had to be made as to whether the County wanted to do this next year , or whether to wait . Do we bill again in August of next year retroactively from January , or do we try to get the bill out in January ? If it is decided to be done in January it makes sense to do it in a single mailing with the County / Town tax bill . Once that decision the way the fee is to be collected can be made , directly to the County or at the Town office . Mrs . Keifer did not think the County was doing anything backwards , but clearly the Town Clerk and Town Board feel the County did . If it had not been heard about at that meeting , this much time would not have been spent on this already . TB Minutes 7 / 11 / 94 Page 18 . Mrs . Noteboom said the Town heard about this the first time when Beverly Livesay came to the April meeting and made a note of it in her report , then it was looked into . Councilwoman Grigorov asked Mrs . Keifer if she understood correctly that if just one of the Town ' s did not wish to do this , they wouldn ' t have to . Mrs . Keifer said that is not the legal advice the County has received and she was amazed that is characterized in the concerns written by the Town Clerk , Councilman Niklas said he was concerned there are a number of parties involved when talking about convenience . There are the taxpayers , the Town Clerk , and then the County ; on everyone ' s side is the issue of saving money . If you save money in the postage and mailing , the Town may end up spending a great deal more in terms of the actual time of staff . How many people pay their taxes in person , how many mail them ? The condition of convenience would be that the person pay the solid waste fee through the mail to the County but that the mailing be done together with the Town / County tax bill . It is very clear with the way the bills are provided that the recipient of the check or the money is clearly distinguishable , the Town receives one check and the County the other . Councilwoman Valentino felt it would be a major problem with two bills being in the same envelope , if you can put everything on one check you will . The average person will do that , it would have to be flagged that there be two different places to send the bill . There would be a lot of mixups . There was an issue about two years ago where every single Town Clerk was opposed to something , and the County Board voted it in anyway . There is a perception about things that are important to the Towns and the County not being sensitive to some of the real problems Towns have . The County tries at this late date to change the way of billing the fee , this is not a good idea for January . Mrs . Keifer said , not from the data processing point of view . Councilwoman Valentino , but from the point of view of negotiating and making it clear there would not be an extra burden . Right now , if the Town Board sent a resolution to the County , send one opposing the solid waste fee being added to the County / Town tax bill for this January . The Town Board may not be opposed to it forever , but the Town feels for this year there is not enough information and it looks like the burden on the Town would be substantial and that it needs to be worked on together . Saving the cost to the County is clearly saving costs to all the taxpayers . If it is a savings at the County level , but it is an extra expense to the Town there is no real savings when there is extra work TB Minutes 7 / 11 / 94 Page 19 . involved . It needs to be looked at more closely . Councilwoman Harrison asked Mrs . Keifer what the cost to the County was for mailing the solid waste fee ? Mrs . Keifer did not have the number . Mrs . Noteboom responded at a meeting with Lisa Stephens , County Budget and Finance it was said to be about $ 25 , 000 for mailing , administration , staff time , and data processing . Councilwoman Harrison said that will all not be saved , data processing will still be done , printing of the bills will be done , the only thing to be saved would be the cost of the stamps . If it were included in the County / Town bill it would be paid by the Town . Councilman Niklas said if lines of communication save money this is a golden opportunity for Mrs . Keifer to transmit to the Committee this . Town Board ' s concern to forestall something which might cause the Town not to participate , and it only takes one to say no . It would be better not to deal with this at that level of confrontation . The Town should not sign onto this without knowing the dollar figures of costs and savings to the County and the Town being evaluated . The Town has had a history with previous County Boards of being informed of things after committees voted to do something , or shortly before . An example is the Forest Home Bridge , a time line was given that only gave one day to respond in decision making . More lead time is needed from the County . Mrs . Keifer said it would be useful from the County ' s perspective to have a sense of what the actual additional costs to the Town Clerk ' s office would be to keep a second column of figures when something comes in . Attorney Barney said it is not only a second column of figures , the County is talking about the most controversial fee that the County has enacted in recent years . If you are the person who has to collect that fee you take a lot of grief and time explaining , that is immeasurable . As a resident of a Town , if the County wants to impose that fee they should face the people they are imposing it on , and collect the fee for a few years until the people understand it . The comments and complaints should not be subjected on the Town Clerks . Councilman Niklas read the resolution as prepared and said he would feel more comfortable not voting on it tonight and deferring it to the next Town Board meeting until Solid Waste Committee and the County have decided . If there is a spirit of cooperation the vote may be different . i i TB Minutes 7 / 11 / 94 Page 20 . Councilwoman Harrison asked if a scenario could be conceived in which adding the solid waste fee to the tax bill in January 1995 would be workable ? Councilman Niklas said it could be conceived in the sense of a single mailing be used to deliver two bills to residents , the one bill clearly coming from the County / Town to be paid to the Receiver of Taxes , and the other bill clearly to be sent to the County , with the Town having nothing to do with receiving the money for that bill . Supervisor Whitcomb did not feel that would be at odds with the prepared resolution , as the resolution deals with adding a line on a single bill saying " solid waste fee " , rather than two separate bills in the same envelope . Councilman Niklas said you could pass this resolution , but to what effect , waiting until July 26th when there is additional information might make this resolution unnecessary . Councilwoman Harrison said the reason to adopt this resolution would be to forestall County action , once they have taken action it is harder . Councilman Niklas said it would be clear to even the dispassionate listener that this Board would probably vote to withdraw from that kind of an agreement . It only takes one Town to withdraw and it is the end of the issue . Supervisor Whitcomb said that is not yet clear . Attorney Barney said if the Town were not willing to participate they may have a number of options . Supervisor Whitcomb asked Mrs . Keifer if any key decisions would be made by the County between now and July 26th ? Mrs . Keifer said if the resolution which will be voted on tomorrow at the Solid Waste Committee meeting is passed it will direct County staff to take the necessary steps to have a billing ready for January 1 , that resolution does not need to be acted upon by the County Board , Councilwoman Harrison asked if action could be taken tomorrow which would set this in motion ? What other decisions would have to be made between this and the bills being given to the Town Clerk ' s for mailing ? Mrs . Keifer said it would set in motion staff preparing the work , the County Board may not have to take any action on this issue . TB Minutes 7 / 11 / 94 Page 21 . Motion made by Councilman Niklas that no action be taken on this issue until the special Town Board meeting of July 26th . Seconded by Councilman Conley . Councilwoman Harrison said Mrs . Keifer has a sense of the Town Board regarding this , but the Town Board should go further and make a motion that will be seen by the whole County Board , Agenda Item No . 13 - Public Hearing , West Haven Road Sewer : The Supervisor interrupted the present discussion to open the Public hearing at 7 : 30 p . m . Public hearing will continue upon finalization of Agenda Item No . 16 . Agenda Item No . 16 - Solid Waste Fee , Tax Bill - Cont ' d : The Supervisor called the motion to delay action on this issue until the meeting on July 26th . Councilman Niklas , aye ; all other members , nay . Motion defeated . Supervisor Whitcomb asked for a motion to accept the prepared resolution , ( see attached ) . Councilwoman Harrison asked if the Town Board wishes to change the language which says , " do not add the solid waste fee to the tax bill " , which leaves open the possibility of a separate bill to go in the mailing , is that a reasonable position to be in , this resolution says do not add it to the tax bill . As written does this resolution allow the County to think the Town will accept them putting it in as a separate bill collectable by the Town or County . Attorney Barney said this resolution will not control what the County does , but if the Board wishes to express the opinion that the matter of collection by the Town in 1995 should be deferred until things are worked out , then say that . Councilwoman Valentino said one thing that is missing from the resolution is when it talks about the legal issues , administrative concerns , and compensation to the Town for collection it again causes the separation as all are different taxpayers . All will pay it through the Town or the County . The wording should be what the cost will be to the individual taxpayer whether it is on a County or Town bill , before the Town or County can say this is a good idea . The costs are dust being shifted from one group to another , isolating them does not accomplish anything . Councilman Niklas said he would vote against the resolution , not because of what it says , but because of the timing . If the resolution were presented at the next meeting given the current climate , he would vote to approve it . TB Minutes 7 / 11 / 94 Page 22 . Motion made by Councilwoman Harrison , seconded by Councilwoman Grigorov that the Town Board strongly urges Tompkins County to defer having Town Tax Collectors / Receivers bill or collect the Solid Waste Fee beginning in January 1995 . The Town Board and the Receiver of Taxes would consider billing and / or collecting the Solid Waste Fee in January 1996 as long as the legal questions , administrative concerns , compensation to the Town for collection of a County fee , and overall costs to the taxpayers are considered , negotiated , and agreed upon . All members voted aye , except for the dissenting vote by Councilman Niklas . Motion carried . The Town Clerk will send a certified copy of the resolution to Dooley Keifer on July 12th . Agenda Item No . - Public Hearing , West Haven Road Sewer : The Supervisor resumed the Public Hearing at 7 : 40 p . m . The Town Clerk had proof of posting and publication . The public hearing was closed at 6 : 41 p . m , as no member of the public wished to speak . The Supervisor noted calculations have been done as to what the cost of the sewer extension would do to the annual sewer benefit fee . There are also estimated costs for Coddington Road if sewer were extended the entire length of the road . The money will be borrowed to install the sewer on West Haven Road if approved . One calculation is for a bond anticipation note at various interest rates . The current sewer benefit assessment is $ 78 . 00 . The Board reviewed the calculations . Councilwoman Harrison said if the sewer were not extended the benefit charge could go down . Supervisor Whitcomb said it could go down or used to build a reserve for future extensions or repairs . It has traditionally not gone down but used to build up the fund . Ms . Alario said what is received for benefit assessment does not cover the entire debt for the year . The retirement of debt would not have to be used to decrease benefit assessments the rate could be reduced . Supervisor Whitcomb said the benefit assessment fee covers approximately $ 500 , 000 of the debt service of approximately $ 700 , 000 , there is $ 200 , 000 which is covered by fees . Councilwoman Harrison noted there was enough capital funds on hand to be able to spend $ 125 , 000 if the Town were to extend water to Coddington Road , but there is not $ 215 , 000 to extend the sewer . TB Minutes 7 / 11 / 94 Page 23 , Mr . Walker said water and sewer are separate funds . There is a large balance remaining from the 1989 water and sewer project for water sewer . The balance is about $ 2000 for the sewer . Councilwoman Harrison asked how the five year time limit for the borrowing was arrived at ? Supervisor Whitcomb responded that is the maximum time limit for spending money on a BAN . Councilman Conley asked what the useful time limit was for a project of this nature ? Mr . Walker said normally it would be from 10 to 20 years . The life of the sewer would be 30 to 50 years . Attorney Barney said for bonding purposes the money could be borrowed for up to 40 years . Councilwoman Harrison asked what the difference was between a BAN and a bond . Attorney Barney said a BAN is what is purchased until you get a bond . If you started out with serial bonds , but wished to wait a couple of years for a better rate , a BAN would be purchased before permanent financing with a bond . Councilman Conley asked if it could be paid off during that five years ? Attorney Barney said it could be paid , but there are limits that in no year could you pay less than 50 % of the principle than paid in any other year . It was designed this way to keep entities from floating a 40 year project and paying it back without arranging for a bond . Councilman Niklas said the cost compared to the number of people who will benefit , against the sizable assessment is high . Projects should be looked at by how much it costs everyone compared to the number of people benefitted . A high ratio in this case is a bad thing . The issue is greater than just extending sewer service to West Haven Road . What are the Town ' s tactics for evaluating its priorities ? There is infrastructure which needs to be replaced . When new lines are extended the general obligation to the taxpayers is to look at how much it will cost and how many people immediately benefit . Councilman Conley said the Town started a project , and the people on West Haven Road had every reason to believe that the Town would TB Minutes 7 / 1 / 94 Page 24 . extend the sewer . The Town went to a certain point and stopped . There are people there with failed systems who need to know when the extension will happen because it will be very expensive for them to replace their private systems . These people are dealing with property values . Houses with municipal sewer are worth much more . It was a commitment made by the Town many years ago to extend this sewer , that was not fulfilled . Councilman Niklas said he was sensitive to that argument also , if people buy property with the understanding the Town has made a commitment that is an important issue . Historically is there a commitment ? Supervisor Whitcomb said the residents were informed when the original sewer was installed on West Haven Road that it would only be a short period of time before the complete road had sewer . It is not known what commitments were made to them by previous Town Board ' s , the Supervisor , or Town Engineer . Councilman Niklas asked if the residents bought their homes before or after the consequence of that so called commitment . Were these people in their homes and then the commitment was made , or were they buying assuming the sewer would be forthcoming ? Councilwoman Harrison felt it would probably be some of both . Has anyone looked at the minutes of previous meetings to see if there were a commitment ? Mr . Walker said the original plans included the whole of West Haven Road . There was a request for sewer in 1983 , 1987 and then the actual design was done and built in 1988 . Councilwoman Valentino asked if the original plans showed the extension then , why wasn ' t it done ? Mr . Walker said there was not enough money . There was a problem with the ground sloping away from the direction of the sewer to control flow by gravity , they reached everyone they could and then there was a gorge which made it impractical to cross at that point ? Supervisor Whitcomb stated this extension would be a mid range priority on the capital projects plan . s Councilman Conley said residents had called him and requested he inform the Town Engineer that while he is designing the project they wished to confer with him as to any problems or concern they have such as trees , porches , etcetera . Mr . Walker said he is proceeding with the design survey . TB Minutes 7 / 11 / 94 Page 25 , Councilman Niklas asked that if a vote of yes was made on this issue would it be saying the Town Board believes this project is a priority 2 ? If it were voted down , would it change its current status of priority 2 ? Attorney Barney said you would be going beyond that , you would be authorizing the project based upon a permissive referendum . Mr . Walker said it would stay on the listing as a need . Councilwoman Harrison asked in the present priority list where does the Town stand in regard to the first priority ? Mr . Walker one priority was the South Hill sewer which is in the process of completion now , and the hospital sewer on the West Hill is in the preliminary design stage . Those are priorities which will hopefully be completed as maintenance items . There is also maintenance on the northeast sewers as top priority . Councilman Niklas asked if there any priority one projects not being done , or are there ones being jeopardized because of this extension ? Mr . Walker said that as soon as a letter is received from the County Health Department there will be a major push for an extensive sewer project at the hospital . Mr . Walker said there would be no other priority one projects which would be jeopardized because of this project . Councilwoman Grigorov said the residents had previously voiced their wish to have the extension at other meetings this spring . They were led to believe the issue would be non - controversial , because most of the Board seemed favorable . Supervisor Whitcomb asked if the hospital sewer would have to be bonded to be paid for ? Mr . Walker said it would cost approximately $ 1 million if it were done all at once , it is being proposed to be done in sections on an annual basis . This would cost about $ 150 , 000 a year in sewer maintenance projects . Supervisor Whitcomb said to finance this project on the short term as planned would allow for construction completion this winter , if the bond were necessary the construction would not occur until next year . Councilwoman Harrison said there seems to be a critical need for the residents to have this extension . While the additional $ 6 . 00 to $ 7 . 00 for benefit unit is a substantial amount of money it is TB Minutes 7 / 11 / 94 Page 26 . far less than some of the other items being considered . For the public health issue and because this sewer extension is consistent with the Comprehensive Plan the project should be done . Supervisor Whitcomb asked if the Public Interest Order precludes longer term financing if something better could be found ? Attorney Barney said the Order was drafted for borrowing of 20 years , you could borrow for any time up to 20 years . Ms . Alario said at one point it was discussed to use fund balance for this project . Mr . Walker said the money used for water is excess funds generated for a capital project they are revenues above the normal ones coming in that feed the General Fund . Deferment can be made to the General Fund for debt by using those funds in the water , that option is not available in the sewer . Supervisor Whitcomb said the problem with using fund balance is that it is the only fund where revenues last year did not equal expenditures . That fund balance would continue decreasing unless the sewer rates were adjusted . In all other funds revenues equal or exceed expenditures , 10 % to 20 % fund balance should be maintained in the sewer . It makes sense to use some of the fund balance , borrow the remainder , and keep 20 % for fund balance . Councilwoman Harrison asked what fund balance was ? Ms . Alario said fund balance is the revenues over the expenditures at year end for each fund . At the end of the year that is considered excess money , by using a formula to make sure revenues will be met , part of the fund balance could be appropriated for other uses . Does the Board wish to have different scenarios prepared showing only part of this project from a BAN , it may not have as much effect on the benefit assessment ? Councilman Niklas asked if the method of funding could be determined at a later date ? Attorney Barney said the method has to be outlined in the ± resolution , the funding can be authorized by the end of the month . What you can ' t do is authorize the funding through the capital fund and then issue bonds without going through the legal steps . Motion made by Councilwoman Harrison , seconded by Councilman Niklas that the Town Board makes a Negative Determination of Environmental Significance in accordance with the NYS Environmental Quality" Review Act for the above referenced action as proposed and , TB Minutes 7 / 11 / 94 Page 27 , therefore , neither a Long Environmental Assessment Form , nor an Environmental Impact Statement will be required . Councilwoman Harrison requested that the resolution include mention that the project is consistent with the Comprehensive Plan . One of the reasons there is not a significant negative impact is because they are linked . Attorney Barney said the resolution is making specific determination of environmental significance which the law requires . The SEQR is considering all issues , the Comprehensive Plan is only one element , you have to review all elements . If you start signal out the Comprehensive Plan and say it is environmentally significant with that plan , what would it be with respect to drainage , movement of soil , population , etcetera . The Supervisor called for the vote on the resolution as written . Motion carried unanimously . Agenda Item No . 14a - Public Interest Order , West Haven Sewer : The Supervisor entertained a motion to move the adoption of the Public Interest Order in the matter of the Proposed Sewer Improvement pursuant to Article 12 - C of the Town Law to be known as the Town of Ithaca Sewer System Benefitted Area - 1994 , ( see attached ) . Motion made by Councilwoman Grigorov , seconded by Councilman Niklas . Attorney Barney explained the Public Interest Order is making a determination the project is in the public interest to complete and authorizes the project up to $ 250 , 000 subject to permissive referendum . Councilwoman Harrison asked if it were not important in the law itself to make statements finding consistency with the Comprehensive Plan . Attorney Barney said the Public Interest Order is literally taken from the statue of Town Law as to the finding that needs to be made . When you say this is in the public interest to do it , you have made the Comprehensive Plan consideration . No , these are technical orders and are the first step if it goes to bonding . It is not a good idea to change them too much because a question may be raised in the future as to why the Comprehensive Plan was specially named . Councilman Niklas asked to include in the meeting minutes that these motions as approved were endorsed because they were in consistency with the Comprehensive Plan . Motion was called , and the roll call vote was carried unanimously . TB Minutes 7 / 11 / 94 Page 28 . Agenda Item No . 18 - Annual Salary Pool Change : Motion made by Supervisor Whitcomb , seconded by Councilman Conley that the Town Board approves a cost of living increase of 2 . 4 % for all employees for 1995 . The Town Board also approves the attached longevity award schedule and explanation for implementation in 1995 . Councilwoman Harrison asked why the Town would reward longevity ? The Town should not encourage inadequate staff to continue employment through longevity . Supervisor Whitcomb said to try and discourage staff turnover there are other mechanisms for dealing with inadequate staff . The Personnel Committee and Finance Committee met today and recommended the amount be changed from the 2 . 4 % to 3 . 5 % because they reconsidered the possibility of using a merit percentage of approximately 1 % . Councilman Niklas said personnel items are often delicate negotiations , the reasons why things are done involve personalities . The Town works well because the judgment of the committees is listened to . Councilwoman Harrison noted she defers to the judgment of the Personnel Committee , but that personally she believes in merit pay . In general this doesn ' t agree with her philosophy . Rewarding someone for staying and not taking into account how well someone is doing their job does not necessarily give people the correct message regarding incentives . Both Supervisor Whitcomb and Councilman Conley agreed to the amendment from 2 . 4 % to 3 . 5 % . Motion with amendment called and carried unanimously . Agenda Item No . 20 - Sanctuary Woods Subdivision , Location of Road , Utilities , and Parks : Mr . Kanter explained the first resolution presented deals with temporary easements and the second deals with the location of streets and utilities . The Planning Board at its June 7 , meeting gave preliminary approval to the Sanctuary Woods Subdivision . Mr . Kanter showed the location of the 14 lot subdivision on maps provided . Sanctuary Drive would be a temporary dead end cul - de - sac extending into another parcel which in the future subdivision would be extended . The exact location of the extension is not proposed at this time . TB Minutes 7 / 11 / 94 Page 29 . The temporary easements deal with the future subdivision because the first part is the temporary cul - de - sac of a 50 foot radius . The other temporary easement results from a future subdivision needing temporary easements for a gravel walkway until such time as the other subdivision is completed . The location of the road in the subdivision comes off Sapsucker Woods Road . The utilities would serve the southern lots in the subdivision . There exists in the northern portion of the property water and sewer lines . The location of the new water line comes off Sapsucker Woods Road and up through Lot 1 and to the new Sanctuary Woods Drive . The sewer line connects to the new sewer line through Lots 1 - 6 . The Town Board needs to accept the locations of those elements so the Planning Board can give final subdivision approval . Councilwoman Grigorov asked if any park land was involved . Mr . Kanter said the park land which is the temporary walkway easements . There is a condition in the Planning Board resolution which refers to the future park land dedication at the time the back parcel is subdivided . There would be a condition for 2 . 46 acres for that parcel to be set aside , and an additional . 0 . 53 acres in conjunction with the 14 lot subdivision . Councilwoman Grigorov asked if the cul - de - sac was only 50 feet because it was temporary ? Mr . Kanter said it is only 50 feet because of the temporary status , the intention in the future is for to be a road connection . The issue of where the road goes will be determined later based on the Town ' s lead . Councilman Niklas asked why isn ' t the cul - de - sac the regular radius of 60 feet ? The larger the radius the more easily emergency vehicles could navigate the turning . Mr . Walker said the minimum turning radius for snow plows and large trucks is 40 foot . Permanent easements are requested to have a radius of 60 feet when there are lots fronting on the cul - de - sac . There are no lots fronting on this cul - de - sac so there are not the normal constraints for road ditches outside the cul - de - sac . Here the edge of the road will be to the edge of the right of way as opposed to leaving another 15 feet for ditches . The topography does not require a great deal of ditching . Councilwoman Harrison said several months ago things which were thought to take place contingent on another in the future never took place . The Board needs to be assured that if there were to be no further development of the other parcel this cul - de - sac could stand on its own if this had to be made permanent ? Does the TB Minutes 7 / 11 / 94 Page 30 . walkway connect to where the Town would want it to be if nothing else were to be built ? Mr . Kanter said the temporary walkway provides access , and the northern piece goes over the existing sewer easement which is an existing facility . The length of the cul - de - sac is about 600 feet so it is serving the lots there presently . Mr . Walker said the Planning Board is considering this walkway providing access through open land . There are some areas some people would like to see stay open . The Planning Board felt this was a good way to provide open space and recreation land . Councilwoman Valentino asked how long is the walkway , who is going to build and maintain it ? Mr . Kanter said the developer has agreed to surface the walkway to the Town ' s request as a six foot gravel walk . The maintenance with the possiblity it may be permanent could be addressed in the final subdivision approval . Councilman Niklas said if you have a gravel walkway , snow and ice will not be easily removed from that surface . Even though these are temporary , do they meet the standards the Town would normally ask of a walkway given the chance this temporary status should change to permanent . Who will maintain this ? Mr . Walker said there are several levels of walkways in the Town . The South Hill Recreationway is not maintained in the winter . This walkway would probably not be maintained in the winter , it may be used for cross country skiing . Councilwoman Valentino asked if it would be a walkway that connects to an area people would want to use on a regular basis to get to and from another recreation area ? Would this be deeded to the Town ? Mr . Walker said it is only for recreational purposes , it would probably not be open in the winter . It is a temporary easement which is permanent until something else is done with the land . Councilman Niklas asked if the Town would post this walkway during he winter ? Mr . Walker said the normal walkway signs would be erected saying there is no hunting , etcetera . Motion made by Councilman Niklas , seconded by Councilman Conley accepting the locations of the proposed aforementioned ( see attached ) temporary easements subject to compliance by the subdivider with all conditions and requirements that have been or TB Minutes 7 / 11 / 94 Page 31 . may be imposed by the Planning Board as part of further project completion . Attorney Barney asked if the Town Board wished to have any conditions regarding maintenance in the resolution ? Councilman Niklas said he would like to see a smooth surface on the walkway because it would much easier to maintain . Councilwoman Grigorov did not agree since many Town walkways are not a smooth surface . Mr . Walker said the walkway will go through the woods with a nature walk area and the road will be paved between the houses . Motion , carried unanimously . Motion made by Councilman Niklas , seconded by Councilwoman Valentino that the Town Board accepts the locations of the proposed aforementioned ( see attached ) road right of way and utilities , subject to compliance by the subdivider with all conditions and requirements that have been or may be imposed by the Planning Board as part of further project consideration . Carried unanimously . Agenda Item No . 22 - Interviewing Committee , ZBA Member - Motion made by Supervisor Whitcomb , seconded by Councilwoman Valentino instructing the Chair of the Zoning Board of Appeals to select two members to serve with Councilman Klein and Councilman Conley as the Interviewing Committee to select a new Zoning Board of Appeals member . Councilman Conley shall serve as the Chair . The interviews shall be held as soon as feasible in order that the appointment be made in a reasonably short period of time . Carried unanimously . Agenda Item No . 23 - Town Hall Architectural Services - Mr . Walker had nothing to report as the agreement will not be ready until the meeting on July 26th , Mrs . Keifer said Beverly Livesay has a vision that the downtown post office facilities should remain the same aesthetically , and that it would allow ample space for a several story municipal government building that the Town , County , and City could share . It was not clear as to what the Town is considering and whether that would be feasible . Supervisor Whitcomb said what the Town is considering does not fit in with that " vision " . The Town Board is authorizing a space needs ' study to determine what is necessary for a new Town Hall that could be applied to any existing buildings available for sale or lease . TB Minutes 7 / 11 / 94 Page 32 . Agenda Item No . 24 - Fall Newsletter : The Board approved the listing of suggestions for the newsletter , and requested the format of the tax bill be carefully explained . The newsletter will be sent out mid September of early October before the brush and leaf pick up . The Town Clerk mentioned there may have to be two newsletters this fall since there are so many items . Agenda Item No . 25 - Road Surfacing Agreement : Mr . Noteboom said the agreement is the same as outlined earlier in the year . Motion made by Councilman Niklas , Councilwoman Valentino approving the Road Surfacing Agreement for the Expenditure of Highway Monies for 1994 , ( see attached ) . The Town Clerk is hereby authorized to file an original copy of the agreement in the Town Clerk ' s Office and the County Highway Superintendent ' s office after lawful execution of the agreement by the Town Board , Highway Superintendent , and the County Highway Superintendent . Carried unanimously . Agenda Item No . Additional # 1 - Protection Sites of Exceptional Environmental & Ecologic Value & Importance • Mr . Kanter stated this issue should be referred to the Planning Board as it will take a great deal of time in researching . There was a map done on the unique natural areas which followed the lines the County had done . The Town needs to look at the boundaries and make sure they are accurate . The criteria for critical areas should be looked at very carefully comparing the designations . It may turn out some of the unique areas were done for entirely different reasons and would not qualify . There were also some areas proposed which were never completed by the County . It will be a valuable and useful took as long as it is prepared with care . Supervisor Whitcomb said he would like to refer this back to staff , there seems to be a great deal of resolutions from the Conservation Board which have not had the benefit of staff and Planning Board input . This did not appear on the Priority Workplan for 1994 adopted in January . There are a number of items on that list which have not been done yet . Councilwoman Grigorov said all Board ' s and Committee ' s should be conscience of overloading staff . TB Minutes 7 / 11 / 94 Page 33 . Councilwoman Harrison asked how this would relate to the Environmental Atlas ? Mr . Kanter said the Unique Natural Area Mapping is one of the elements of the Environmental Atlas . The digitized map fits in with the boundaries and would be looked at to sharpen up the Environmental Atlas . It does go beyond in other areas . Dooley Keifer said there is no way any Town should consider the boundaries done in the Unique Natural Areas Inventory as accurate . It is assumed the County staff has informed the Town regarding of that . Motion made by Councilwoman Grigorov , seconded by Supervisor Whitcomb that the Town Board refers the proposed designation of Critical Environmental Areas within the Town of Ithaca to the Town Planner and the Planning Department for examination and inclusion on the 1995 Town of Ithaca Workplan . Carried unanimously . Agenda Item No . Additional # 2 - Resignation Chair Conservation Board : Motion made by Councilman Niklas , seconded by Councilwoman Harrison that the Town Board accepts with regret the resignation of Candace Cornell as Chair of the Conservation Board . The Town Clerk is authorized to send a letter to Ms . Cornell expressing the Town Board ' s gratitude for her dedicated service to the Town of Ithaca while Chair of the Conservation Board . Carried unanimously . Agenda Item No . Additional # 3 - Appointment Chair Conservation Board : Motion made by Councilman Niklas , seconded by Councilwoman Harrison that based upon the unanimous recommendation of the Conservation Board the Town Board appoints Janet Hawkes as the Conservation Board Chair . Appointment shall be effective immediately through December 31 , 1994 . Town Clerk is authorized to forward a certified copy of this resolution to each member of the Conservation Board . Carried unanimously . Agenda Item No . 26 - EXECUTIVE SESSION • Motion made by Councilman Niklas , seconded by Councilman Conley to move into executive session to discuss possible litigation , personnel issues , and property acquisition . Carried unanimously . The Board moved into executive session at 8 : 45 p . m . Motion made by Councilman Niklas , seconded by Councilwoman Valentino to move back into regular session . Carried unanimously . TB Minutes 7 / 11 / 94 Page 34 . The Board resumed regular session at 8 : 55 p . m . As a result of the Executive Session , a motion was made by Councilman Niklas , seconded by Councilwoman Valentino regarding a personnel matter . ( Confidential file shall be kept in Town Hall Archival Records Storage Center by Town Clerk ) . Motion carried unanimously . Agenda Item No . 27 - Adjournment : As there was no further business to come before the Board , a motion was made by Councilman Niklas to adjourn . Seconded by Councilwoman Valentino . Carried unanimously . The Supervisor adjourned the meeting at 8 : 58 . Respectfully submitted , 9"." 1'�+ zV,:LL 10 � Joan Lent Noteboom , Town Clerk * * * Special Town Board Meeting - July 26 , 1994 , 7 : 00 p . m . * * * Regular Town Board Meeting - August 8 , 1994 , 5 : 30 p . m . FINAL Town Board Meeting 7 / 11 / 94 Agenda Item No . 9 SEQR - Local Law Elder Cottages Resolution No , 137 BE IT RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the proposed , " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " , and therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk F1 "It Town Board Meeting 7 / 11 / 94 Agenda Item No , 10 Enactment - Local Law Elder Cottages Resolution No . 138 WHEREAS , the properly advertised Public Hearing has been held for the purpose of considering the enactment of a , " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve of and enact the said Local Law ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to file and publish said Local Law as required by law . MOVED : Councilman Niklas Roll Call Vote Supervisor Whitcomb Aye SECONDED : Councilwoman Valentino Councilwoman Valentino Aye Councilman Niklas Aye DATED : July 11 , 1994 Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Aye Joan Lent Noteboom , Town Clerk i H FINAL Town Board Meeting 7 / 11 / 94 Agenda Item No . 11 Resolution No . 139 ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 - TROY ROAD IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12 - C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on the 11th day of July , 1994 , at 5 : 30 o ' clock P . M . Standard Time . PRESENT : Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Grigorov Councilperson Edward Conley ABSENT : Councilperson David Klein WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 - Troy Road , and hereinafter also referred to as " improvement " , to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker , P . E . , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Water system Improvement - 1994 shall be known as the Town of Ithaca Water System Benefitted Area - 1994 - Troy Road and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and s F ' AL IN troyrd.ph, wpSlith, July 13, 1994 1:07pm Res , No , 139 Order for Public Hearing - Troy Road Page 2 . WHEREAS , the proposed Town of Ithaca Water System Improvement 1994 - Troy Road consists of the water improvements set forth below , and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Construction and installation of new 8 " water main to provide water service for a portion of the properties in the Ridgecrest Road - Troy Road Area running from Ridgecrest Road across property owned by John and Amy Little to Troy Road and running approximately 1500 feet along Troy Road , together with related facilities , and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 163 , 375 . 00 . The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area - Troy Road derived from revenues assessed against the properties which are deemed benefitted by said improvement ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1994 - Troy Road , and the providing of said Town of Ithaca Water System Improvement - 1994 - Troy Road therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209 - q of the Town Law ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the _26th day of July , 1994 , at 7 : 00 o ' clock P . M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Troy Road and the providing of said Town of Ithaca Water System Improvement - 1994 - Troy Road therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . 32 FINAL troyrd.ph, wpSlith, July 13, 1994 1 :08pm Res . No , 139 Order for Public Hearing - Troy Road Page 3 . Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209 - q of the Town Law . Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was by motion of Ms . Valentino , seconded by Mr . Niklas , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . DATE : July 11 , 1994 Joan Lent Noteboom , Town Clerk 33 F si AL Town Board Meeting 7 / 11 / 94 Agenda Item No , 12 Resolution No , 140 ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 , CODDINGTON ROAD IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12 - C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on the 11th day of July , 1994 , at 5 : 30 o ' clock P . M . Standard Time . PRESENT : Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Grigorov Councilperson Edward Conley ABSENT : Councilperson David Klein WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 - Coddington Road , and hereinafter also referred to as " improvement " , to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker , P . E . , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Water system Improvement - 1994 - Coddington Road shall be known as the Town of Ithaca Water System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and L Fli � Order.ph, wp5lirh, July 13, 1994 1 :04pm Res , No . 140 Order of Public Hearing - Coddington Road Page 2 . WHEREAS , the proposed Town of Ithaca Water System Improvement 1994 - Coddington Road consists of the water improvements set forth below , and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Construction and installation of new 8 " water main extensions on Coddington Road , the water main itself to be installed on the northeast side of Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community Center . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 123 , 750 . 00 . The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area derived from revenues assessed against the properties which are deemed benefitted by said improvement ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road , and the providing of said Town of Ithaca Water System Improvement - 1994 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209 - q of the Town Law ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the _26th day of July , 1994 , 7 : 15 o ' clock P . M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and the providing of said Town of Ithaca Water System Improvement - 1994 - Coddington Road therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . 29 1 Nj A L Order-ph, xP5lith, July 13, 1994 1 :05p,n Res , No . 140 Order for Public Hearing - Coddington Road Page 3 . Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209 - q of the Town Law , Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was upon motion of Mr . Niklas , seconded by Mr . Conley , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . DATE : July 11 , 1994 Joan Lent Noteboom , Town Clerk 30 F 'I AL Town Board Meeting 7 / 11 / 94 Agenda Item No . 14 SEQR , Westhaven Road Sewer Extension Resolution No . 141 WHEREAS , the Town of Ithaca has received a request for the extension of public sewer to the north end of Westhaven Road ; and WHEREAS , the extension of sewer is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to sewer extensions ; and WHEREAS , the Town Board authorized the Town Engineer to prepare a preliminary design , cost estimate and Engineers Report for the extension of sewer to the north end of Westhaven Road and the portion of Mecklenburg Road from Westhaven Road to the City line ; and WHEREAS , the Town Engineer has prepared the preliminary design and Engineering Report and has prepared a SEAF for the proposed project with a recommendation of a negative determination of environmental significance ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Long Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilwoman Harrison SECONDED : Councilman Niklas Carried Unanimously DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 7 / 11 / 94 Agenda Item No , 14a Resolution No . 142 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , held at the Town Hall , 126 East Seneca Street , in the City of Ithaca , New York , on the 11th day of July , 1994 , at 5 : 30 o ' clock p . m . prevailing time . PRESENT : John Whitcomb , Supervisor Catherine Valentino , Councilperson Karl J . Niklas , Councilperson Edward Conley , Councilperson Carolyn J . Grigorov , Councilperson Ellen Z . Harrison , Councilperson ABSENT : David L . Klein , Councilperson In the Matter of the Proposed Sewer Improvement in the Town of Ithaca , PUBLIC INTEREST Tompkins County , New York , pursuant to Article 12 - C of ORDER the Town Law to be known as the Town of Ithaca Sewer System Benefitted Area - 1994 . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvement - 1994 , and hereinafter also referred to as " improvement " , to provide such sewer improvement including extensions , to the present Town sewer improvement , such sewer system improvement to be constructed and owned by the Town of Ithaca , and i � F Westhcnpe.pio, wp5lith, July 13, 1994 1 : 15pm Res . No . 142 Public Interest Order - Westhaven Road Page 2 . WHEREAS , said plan , report and map have been prepared by Daniel Walker , P . E . , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Sewer System Improvement - 1994 shall be known as the Town of Ithaca Sewer System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement 1994 consists of the sewer improvements set forth below , and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Construction and installation of new 8 " sewer main to provide sewer service for a portion of the properties on West Haven Road and Mecklenburg Road running from the approximate intersection of the stream crossing West Haven Road and West Haven Road to Mecklenburg Road and southerly along Mecklenburg Road to connect to the sewer line currently located in Mecklenburg Road . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 215 , 000 . 00 ; and WHEREAS , said $ 215 , 000 . 00 maximum estimated cost shall be authorized to be financed by the issuance by the Town of Ithaca of serial bonds with a maximum maturity not in excess of 20 years ; and WHEREAS , said maximum estimated cost is not greater than 1 / 10th of 1 % of the full valuation of taxable real property in the area of the Town of Ithaca outside of any villages ; and WHEREAS , it is proposed that the cost of the aforesaid improvement shall be borne by the real property in said Town of Ithaca Sewer System Benefitted Area - 1994 by assessing , levying 35 FINAL Westhave.pio, svp5lith, July 13, 1994 1 : 15pm Res . No . 142 Public Interest Order Page 3 . upon and collecting from the several lots and parcels of land within said Benefitted Area , outside of any village , which the Town Board shall determine and specify to be especially benefitted by the improvement , an amount sufficient to pay the principal and interest on said serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds , as the same become due and payable ; and WHEREAS , the aforesaid improvement has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board has determined will not result in any significant environmental effects ; and WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on June 13 , 1994 calling a public hearing upon said plan , report and map including an estimate of cost and the question of providing sewer improvements to be known as the Town of Ithaca Sewer Improvement - 1994 , such public hearing to be held on the 11th day of July , 1994 , at 7 : 30 o ' clock p . m . , Prevailing Time , at the Town Hall , 126 East Seneca Street , in the City of Ithaca , New York , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law ; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , it is now desired to authorize the improvement to be known as the Town of Ithaca Sewer Improvement - 1994 ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : 36 Westhcrve.pio, wp5lith, July 13, 1994 1 : 16pm Res . No . 142 Public Interest Order - Westhaven Road Page 4 . Section 1 . It is hereby determined that it is in the public interest to establish said Town of Ithaca Sewer System Benefitted Area - 1994 and to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized . The proposed area hereby determined to be benefitted by said Town of Ithaca Sewer Improvement - 1994 is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section 2 . The proposed improvement shall consist of construction and installation of a new 8 " sewer main to provide sewer service for a portion of the properties on West Haven Road and Mecklenburg Road running from the approximate intersection of the stream crossing West Haven Road and West Haven Road to Mecklenburg Road and southerly along Mecklenburg Road to connect to the sewer line currently located in Mecklenburg Road , at an initially determined maximum estimated cost to said benefitted area of $ 215 , 000 . 00 . The method of financing of said cost shall be by the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not exceeding 20 years , and by the issuance of bond anticipation notes issued in anticipation of the issuance of serial bonds . The bonds and bond anticipation notes shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefitted from said improvement and located in said Town of Ithaca Sewer System Benefitted Area - 1994 , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same . Section 3 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209 - q of the Town Law , the permission of the State Comptroller is not required for such improvement . 37 Westhave.pio, µp5lith, July 13, 1994 1 : 16pm Res . No . 142 Public Interest Order - Westhaven Road Page 5 . Section 4 . Pursuant to subdivision 6 ( d ) of Section 209 - q of the Town Law , the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins , which when so recorded , shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement . Section 5 . It is hereby further determined that all of the cost of the aforesaid improvement shall be borne wholly by property within the Town of Ithaca Sewer System Benefitted Area - 1994 , being the entire area of the Town outside of the Village of Cayuga Heights . Section 6 . This order is adopted subject to permissive referendum . The question of adoption of the foregoing resolution was , upon motion made by Carolyn Grigorov , and seconded by Karl Niklas , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye Councilperson Harrison Voting Aye The resolution was thereupon declared duly adopted . 38 Westhave.pio, wp5lith, July 13, 1994 1 : 17pm Res , No . 142 Public Interest Order - Westhaven Road Page 6 . The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on July 11 , 1994 . Joan Lent Noteboom , Town Clerk 39 r Town Board Meeting 7 / 11 / 94 Agenda Item No . 16 Solid Waste Fee - Addition 1995 Tax Bill Resolution No . 143 WHEREAS , there is substantial interest on the County Board of Representatives in collecting the Annual Solid Waste Fee beginning in January 1995 on the tax bill sent by the Town of Ithaca ; and WHEREAS , a meeting attended by the Town Supervisor and Receiver of Taxes with the County raised many concerns and questions regarding the legalities and administrative responsibilities related to the addition of the solid waste fee on the tax bill ; and WHEREAS , the Town Board has discussed and reviewed the questions and concerns brought forth ; and WHEREAS , the Receiver of Taxes has recommended the Town Board not approve the addition of the solid waste fee to the January 1995 tax bill because there are presently too many unknown variables and questions ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca strongly urges Tompkins County to defer having Town Tax Collectors / Receivers bill or collect the Solid Waste Fee beginning in January 1995 ; and be it further RESOLVED , the Town Board and the Receiver of Taxes would consider billing and / or collecting the Solid Waste Fee in January 1996 as long as the legal questions , administrative concerns , compensation to the Town for collection of a County fee , and overall costs to the taxpayers are considered , negotiated , and agreed upon ; and be it further RESOLVED , a certified copy of this resolution shall be forwarded to the Tompkins County Board of Representatives . MOVED : Councilwoman Harrison SECONDED : Councilwoman Grigorov Councilman Conley , Aye ; Councilwoman Harrison , Aye ; Councilwoman Grigorov , Aye ; Councilman Niklas , Nay ; Councilwoman Valentino , Aye ; Supervisor Whitcomb , Aye . Motion carried . DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item No . 17 a - j Consent Agenda Items Resolution No , 144 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the Consent Agenda Items resolutions as presented to the Town Board on July 11 , 1994 , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 arc , 1 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item No . 17a Town Board Meeting Minutes 6 / 13 / 94 Resolution No . 144a WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held June 13 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed said minutes as written ; now therefore be it RESOLVED , that the Town Board does hereby approve and adopt the said minutes as the official minutes of the Town Board for the meeting held June 13 , 1994 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk • • ` � Q.. L`.•C. fS� Town Board Meeting 7 / 11 / 94 Consent Agenda Item No . 17b Town of Ithaca Warrants Resolution No . 144b WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . General Townwide Vouchers : No . 257 - 362 $ 27 , 801 . 66 General Outside Village Vouchers : No . 174 - 195 13 , 646 . 98 Highway Vouchers : No . 185 - 211 19 , 450 . 93 Water Vouchers : No . 129 - 166 , 905 . 91 Sewer Vouchers : No . 152 - 163 60 , 638 . 43 Lighting District Vouchers : No . 16 - 18 11062 . 89 Capital Projects Vouchers : No . 16 - 19 11211 . 26 Fire Protection Vouchers : No . 3 652 , 557 . 00 MOVED : Councilman Niklas J Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk i fir, f ¢ ' 1 . Town Board Meeting 7 / 11 / 94 Consent Agenda Item No . 17c Bolton Point Warrants Resolution No . 144c WHEREAS , the warrant with the following numbered listing of vouchers for Bolton Point has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . Operating Fund Vouchers : No . 415 to 480 $ 114 , 974 . 71 Capital Fund Vouchers : No . 481 31230 . 77 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 0,"" j"+ Z&jt&' , Joan Lent Noteboom , Town Clerk Town Board Meeting 07 / 11 / 94 Agenda Item No , 17d Budget Amendment - Sewer Capital Improvement Resolution No . 144d - 1 WHEREAS , an unexpected invoice for work done on Kline Road sewer for $ 69 , 338 . 54 was paid at the May meeting and , WHEREAS , there will now no longer be enough in the budget to accommodate the 1994 capital improvement project , therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to increase G599 Appropriated Fund Balance and increase G8120 . 483 Capital Improvements by $ 70 , 000 . 00 . MOVED : Councilman Niklas SECONDED : Councilwoman Harrison Carried Unanimously DATED : July 11 , 1994 Gen � J L+ tra, Joan Lent Noteboom , Town Clerk a s 1 . 1t 1 f' g ' A Town Board Meeting 07 / 11 / 94 Agenda Item No , 17d Budget Amendment - Honorarium Resolution No . 144d - 2 WHEREAS , there is money residing in Trust & Agency Fund donated to the Shirley Raffensperger Honorarium for the purchase of playground equipment ; and WHEREAS , the equipment has now been purchased and these funds must be transferred to General Parttown Fund to cover payment ; therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to increase account B2705 Gifts and Donations and increase B7140 . 410 Honorarium by $ 1 , 308 . 49 to accommodate the purchase of playground equipment . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Ft ` Town Board Meeting 7 / 11 / 94 Agenda Item No , 17e Authorization for Town Justices to Attend Mandatory Advanced Training Seminar Resolution No . 144e WHEREAS , the annual Town Justice ' s training seminar is scheduled for July 24 , 25 , 26 , and 27 , at St . Lawrence University in Canton , New York ; and WHEREAS , this advanced training seminar is mandated by the State to be attended by all Town Justices within the State ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Merton J . Wallenbeck and Clarence Larkin , Town Justices for the Town of Ithaca , Co attend the mandatory training seminar at St . Lawrence University , in Canton , New York at a cost not to exceed $ 750 . 00 , from account #A1110 . 403 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Qa� L47 dTLJOLrr ,.� Joan Lent Noteboom , Town Clerk A. Town Board Meeting 7 / 11 / 94 Agenda Item No . 17f Fall Brush and Leaf Pick Up Resolution No . 144f WHEREAS , the Highway and Parks Department provide yard refuse disposal services for Town of Ithaca residents ; and WHEREAS , twice annually the Highway and Parks Department will collect brush and leaves from the roadsides ; now therefore be it RESOLVED , that October 17 , 1994 through October 28 , 1994 , will be the dates when the Highway and Parks Department will pick up brush ; and November 7 , 1194 through November 18 , 1994 , will be the dates the Highway and Parks Department will pick up leaves . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Consent Agenda Item No , 17g Ratification of SARA Grant Resolution No . 144g WHEREAS , the Town of Ithaca has been awarded a Local Government Records Management Improvement Fund ( LGRMIF ) Grant in the amount of $ 5 , 371 for an Archival Program project ; and WHEREAS , the Supervisor has accepted this LGRMIF Grant as required ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the acceptance of the LGRMIF Grant awarded to the Town of Ithaca for an Archival Program project . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk A l •7 1 TOWN BOARD MEETING 7 / 11 / 94 AGENDA ITEM NO . 17h APPOINTMENT OF PATRICIA KELLER AS ASS ' T , ZONING OFFICER / BUILDING INSPECTOR Resolution No . 144h WHEREAS , the Selection Committee reviewed the resumes and interviewed six candidates for this position , and WHEREAS , the Committee feels Patricia Keller possesses the necessary qualifications and skills to successfully perform the duties of this position , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the appointment of Patricia Keller as Assistant Zoning Officer / Building Inspector at an annual salary of $ 24 , 000 . , charged to account B8010 . 100 . A six month probationary period applies , after which a performance and salary review will be performed . Full benefits apply . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk i d 9 . Ls TOWN BOARD MEETING 7 / 11 / 94 AGENDA ITEM NO . 17i APPOINTMENT OF GEORGE EBERHARDT AS FULL - TIME ACCOUNT CLERK / TYPIST Resolution No . 144i WHEREAS , the promotion of Jacqueline White has left a vacancy in the accounting support , financial control , and payroll processing areas , and WHEREAS , the Accounting Department continues to expand its work load and services beyond present personnel capabilities , requiring the services of a full - time account clerk / typist , and WHEREAS , George Eberhardt has been successfully performing the duties of this position in a temporary , part - time capacity since April 18 , and possesses the necessary skills and qualifications of this position , now therefore be it RESOLVED , The Town Board of the Town of Ithaca approves the appointment of George Eberhardt as Full - time Account Clerk / Typist at an hourly wage of $ 7 . 00 per hour , charged to accounts A1340 . 100 and A1430 . 100 , split 75 / 25 % respectively . This appointment is subject to a six month probationary period after which a performance and salary review will be performed . Full benefits apply . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 r� Joan Lent Noteboom , Town Clerk TOWN BOARD MEETING 7 / 11 / 94 AGENDA ITEM NO . 17j APPOINTMENT OF JOHN WILLIAMS AS HIGHWAY MECHANIC Resolution No . 144j WHEREAS , the Selection Committee reviewed the resumes and interviewed five candidates for this position , and WHEREAS , the Committee feels John Williams possesses the necessary qualifications and skills to successfully perform the duties of this position , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint John Williams as Highway Mechanic , at an hourly salary of $ 11 . 00 per hour , charged to account DB5130 . 100 . A six month probationary period applies , after which a performance and salary review will be performed . Full benefits apply . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Q., L± itt"t, , Joan Lent Noteboom , Town Clerk i -A " TOWN BOARD MEETING 7 / 11 / 94 AGENDA ITEM NO , 18 APPROVAL TO CHANGE FROM AN ANNUAL SALARY POOL TO ANNUAL COST OF LIVING AND LONGEVITY AWARDS BEGINNING IN 1995 Resolution No , 145 WHEREAS , the Personnel Committee has reviewed the current salary pool process and its many inequities and misconceptions and has determined that a cost of living increase of 3 . 5 % , applied equally to all employees in 1995 , is an improved method that is in line with local and national municipal trends , and WHEREAS , in an effort to recognize the value of longevity , the Committee recommends setting a longevity award schedule for lump sum payment , a sum that will not be incorporated into individual salary bases in an effort to keep salaries and overtime from escalating , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve a cost of living increase of 3 . 5 % for all employees for 1995 , and be it further RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached longevity award schedule and explanation , for implementation in 1995 . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilman Conley DATED : July 11 , 1994 ' Joan Lent Noteboom , Town Clerk i fp t ti d i• l: � C sh• LONGEVITY AWARD SCHEDULE Completed Years of Service Award Amount 5 - 9 Years $ 250 . 00 10 - 14 Years $ 500 . 00 15 - 19 Years $ 750 . 00 20 Years and Up $ 11000 . 00 Longevity Awards will be made once annually as a lump sum payment through the payroll process , subject to regular employment taxes and NYS Retirement contribution requirements . Date of payment will be determined annually by the Personnel Committee , upon recommendation of the Budget Officer . Longevity Awards will not become a part of any individual ' s salary base and will remain separate from the annual salary review process . I.• C Town Board Meeting 7 / 11 / 94 Agenda Item No . 20 Acceptance Location Temporary Walkway Easement and Temporary Cul - de - sac Easement Sanctuary Woods Subdivision Resolution No . 146 WHEREAS , the Town of Ithaca Planning Board , on June 7 , 1994 , granted Preliminary Subdivision Approval for Town of Ithaca Tax Parcel No . 73 - 1 - 8 - . 2 , 24 . 6 + / - acres total , into two ( 2 ) parcels , 1 . 22 + / - acres and 23 . 38 + / - acres , respectively , for the purpose of completing the proposed Sanctuary Woods Subdivision ; and WHEREAS , the Town Planning Board , on June 7 , 1994 , granted Preliminary Subdivision Approval for Town of Ithaca Tax Parcel No , 73 - 1 - 7 . 21 5 . 33 + / - acres , into 14 parcels , for the Sanctuary Woods Subdivision , located on the west side of Sapsucker Woods Road , Residence District R - 15 ; and WHEREAS , the subdivider has offered to dedicate to the Town a temporary walkway easement , as shown on the proposed Final Subdivision Plat dated June 29 , 1994 ; and WHEREAS , the subdivider has offered to dedicate to the Town a temporary cul - de - sac easement , as shown on the proposed Final Subdivision Plat dated June 29 , 1994 ; and WHEREAS , a condition of preliminary subdivision approval is that the temporary easements referred to above shall remain in effect- until such time as there is a future subdivision to Tax Parcel No . 73 - 1 - 8 . 2 and an alternative park and recreation dedication is made acceptable to the Town of Ithaca Planning Board and Town Board ; and WHEREAS , Article IV , Section 21 of the Town Subdivision Regulations requires that no dedication proposed by the subdivider for an easement of a highway or other public use shall be shown on a ( final ) plat unless accepted by the Town Board ; and WHEREAS , the Town Board , on July 11 , 1994 , has reviewed the location of the proposed temporary easements referred to above ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby accepts the locations of the proposed aforementioned temporary easements , subject to compliance by the subdivider with all conditions and requirements that have been or may be imposed by the Planning Board as part of further project completion . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley (]. L+ & Z&," DATED : July 11 , 1994 J n Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item No , 20 Acceptance of Location of Roads and Utilities Sanctuary Woods Subdivision Resolution No . 147 WHEREAS , the Town of Ithaca Planning Board , on June 7 , 1994 , granted Preliminary Subdivision Approval for Town of Ithaca Tax Parcel No . 73 - 1 - 8 . 2 , 24 . 6 + / - acres total , into two ( 2 ) parcels , 1 . 22 + / - acres and 23 . 38 + / - acres , respectively , for the purpose of completing the proposed Sanctuary Woods Subdivision ; and WHEREAS , the Town Planning Board , on June 7 , 1994 , granted Preliminary Subdivision Approval for Town of Ithaca Tax Parcel No . 73 - 1 - 7 , 21 5 . 33 + / - acres , into 14 parcels , for the Sanctuary Woods Subdivision , located on the west side of Sapsucker Woods Road , Residence District R - 15 ; and WHEREAS , a condition of preliminary subdivision approval is that the road right of way , shown as Lot # 14 on the proposed Final Subdivision Plat dated June 29 , 1994 be dedicated to the Town of Ithaca ; and WHEREAS , the proposed Final Subdivision Plat dated June 29 , 1994 , shows a proposed water main within the proposed road right of way , as well as crossing a portion of Lot # 1 ; and WHEREAS , the proposed Final Subdivision Plat dated June 29 , 1994 , shows a proposed sewer main within the proposed road right of way , as well as crossing a portion of Lot # 7 ; and WHEREAS , Article IV , Section 21 of the Town Subdivision Regulations requires that no dedication proposed by the subdivider for an easement of a highway or other public use shall be shown on a ( final ) plat unless accepted by the Town Board ; and WHEREAS , the Town Board , on July 11 , 1994 , has reviewed the location of the proposed road right of way and above referenced utilities ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby accepts the locations of the proposed aforementioned road right of way and utilities , subject to compliance by the subdivider with all conditions and requirements that have been or may be imposed by the Planning Board as part of further project consideration . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino ,� DATED : July 11 , 1994 Jo In Lent Noteboom , Town Clerk 1 � [ c1c Gig Town Board Meeting 7 / 11 / 94 Agenda Item No , 21 Development Referral - Storm Water Management / Erosion Control Plan Resolution No . 148 WHEREAS , the Town Board has reviewed the Conservation Board resolution recommending development of a Comprehensive Stormwater Management and Erosion Control Plan with supporting ordinances ; and WHEREAS , the Town Board believes there is a need within the Town of Ithaca for this type of plan ; now therefore be it RESOLVED , the Town Board hereby authorizes and directs the Town Engineer to study the NYS Department of Environmental Conservation ' s model ordinance for stormwater management to determine how it may relate to the Comprehensive Plan and the goals , objectives , and Departments in the Town of Ithaca ; and be it further RESOLVED , the Town Engineer shall also use the DEC model ordinance to analysis how it might be adapted or customized to meet the needs of the Town in direct relationship to the findings ; and be it further RESOLVED , the Town Engineer shall report and make a recommendation to the Town Board at their regular monthly meeting in October 1994 . MOVED : Councilman Conley Carried Unanimously SECONDED : Councilman Niklas DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item No . 22 Interviewing Committee - ZBA Member Resolution No . 149 WHEREAS , there exists a vacancy on the Town of Ithaca Zoning Board of Appeals as a result of the resignation of Robert J . Hines ; and WHEREAS , the Town Board wishes to fill this vacancy as soon as possible due to the important nature of the functions of the Zoning Board of Appeals ; now therefore be it RESOLVED , the Town Board hereby instructs the Chair of the Zoning Board of Appeals to select two members to serve with the Town Board representatives of Councilman David Klein , and Councilman Edward Conley as the Interviewing Committee to select a new Zoning Board of Appeals member ; and be it further RESOLVED , that Councilman Edward Conley shall serve as the Chair of the Interviewing Committee ; and be it further RESOLVED , the interviews shall be held as soon as feasible in order that the appointment may be made in a reasonably short period of time . MOVED : Supervisor Whitcomb SECONDED : Councilwoman Valentino Carried Unanimously DATED : July 11 , 1994 Joan +-21=Z Noteboom , Town Clerk a 1 X74 y •a .n. L ISLE Town Board Meeting 7 / 11 / 94 Agenda Item No , 25 Road Surfacing Agreement Resolution No . 150 WHEREAS , the Highway Superintendent has presented the Road Surfacing Agreement for the Expenditure of Highway Monies to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed the said agreement and approves the listed expenditures for the roads listed ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves the Road Surfacing Agreement for the Expenditure of Highway Monies for 1994 ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to file an original copy of the agreement in the Town Clerk ' s office and the County Highway Superintendent ' s office after lawful execution of the agreement by the Town Board , Highway Superintendent , and the County Highway Superintendent . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk TOWN BOARD MEETING 7 / 11 / 94 EXECUTIVE SESSION Resolution No . 151 WHEREAS , the Personnel Committee has reviewed Town Policy regarding the limit of vacation accrual to 1 - 1 / 2 times the annual allowance , and WHEREAS , the Committee feels a shortage of personnel and the process of bringing an updated Accounting Program on line have caused Sally Alario to accrue 44 days of vacation , an excess of 14 days that will be lost , per Vacation Policy requirements , and WHEREAS , since it is not expected that Ms . Alario will be able to schedule these 14 days off , the Committee feels a cash payment should be made as fair compensation , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve awarding Sally Alario a one time cash payment of $ 1 , 800 . 00 , charged to account A1340 . 100 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item Additional No . 1 Referral - Protection of Sites of Exceptional Environmental & Ecologic Value & Importance Resolution No . 152 WHEREAS , the Town of Ithaca Conservation Board has presented two resolutions adopted by them to the Town Board recommending the designation of Unique Natural Areas that have been identified by the Tompkins County Environmental Management Council as Critical Environmental Areas , pursuant to the State Environmental Quality Review Act ; and WHEREAS , the Town Board and the Town Planner have reviewed and discussed the said resolutions and the recommendation of the Conservation Board regarding Unique Natural Areas ; now therefore be it RESOLVED , the Town Board hereby refers the proposed designation of Critical Environmental Areas within the Town of Ithaca to the Town Planner and the Planning Department for examination and inclusion on the 1995 Town of Ithaca Workplan . MOVED : Councilwoman Grigorov Carried Unanimously SECONDED : Supervisor Whitcomb DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk 1 l i J L. 6 a Ltr Town Board Meeting 7 / 11 / 94 Agenda Item Additional # 2 Acceptance of Resignation - Chair , Conservation Board Resolution No . 153 WHEREAS , Candace Cornell has submitted her resignation as Chair of the Town of Ithaca Conservation Board ; and WHEREAS , the Town Board of the Town of Ithaca is appreciative of the dedicated service to the Town by Ms . Cornell during her tenure as Chair of the Conservation Board ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby accepts with regret , the resignation of Candace Cornell as Chair of the Conservation Board ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to send a letter to Ms . Cornell expressing the Town Board ' s gratitude for her dedicated service to the Town of Ithaca while Chair of the Conservation Board . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 7 / 11 / 94 Agenda Item Additional # 3 4P Appointment , Chair Conservation Board Resolution No . 154 WHEREAS , Candace Cornell has resigned as Chair of the Conservation Board as of July 7 , 1994 ; and WHEREAS , the Conservation Board voted unanimously after receiving Ms . Cornell ' s resignation to elect Janet Hawkes as the new Conservation Board Chair to serve until her term expires December 31 , 1994 ; now therefore be it RESOLVED , based upon the unanimous recommendation of the Conservation Board , the Town Board of the Town of Ithaca hereby appoints Janet Hawkes as the Conservation Board Chair ; and be it further RESOLVED , said appointment shall be effective immediately upon adoption of this resolution through December 31 , 1994 ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to each member of the Conservation Board , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : July 11 , 1994 a�y �,.:.� r Joan Lent Noteboom , Town Clerk