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TB Minutes 1995-04-10
�tyOFIT `9 _ _ a TOWN OF ITHACA 21 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y 04 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783 FAX (607) 273- 1704 - AGENDA Town Board Meeting April 10 , 1995 5 : 30 p . m . 1 . Call to Order . 2 . Pledge of Allegiance . 3 , Consider EXECUTIVE SESSION . 4 . Reports of Town Officials : a . Town Supervisor b . Town Engineer c . Town Highway / Parks 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 5 . Report of: Town Committees . 6 . Report of: Tompkins County Board of Representatives . 7 . Review of: Correspondence . a . Senator James L . Seward - Bill classifying roads / bridges . b . Assemblyman Martin A . Luster - Bill classifying roads / bridges . c . Senator James L . Seward - Commission on Cable Television . d . Consolidated Rail Corporation e . Mary A . Raponi 8 . 6 : 00 p . m . - PERSONS TO BE HEARD , 9 . 6 : 15 p . m . , Public Hearing : To consider a , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " . 10 . Consider SEQR related to a , . " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " . 11 . Consider enactment of a , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " , 12 . 6 : 30 p . m . ,, Public Hearing : To consider , a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " . TB Agenda 4 / 10 / 95 Page 2 . 13 . Consider SEQR related to , a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " . 14 . Consider enactment of , a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " . 15 . 7 : 00 p . m ., , Public Hearing : To consider , a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " . 16 , Consider SEQR related to , a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " . 17 . Consider enactment of , a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " . 18 . 7 : 30 p . m .. , Public Hearing : To consider , a " LOCAL LAW AMENDING LOCAL LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " 19 . Consider SEQR related to , a " LOCAL LAW AMENDING LOCAL LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU' OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . 20 . Consider enactment of , a " LOCAL LAW AMENDING LOCAL LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . 21 , Consent Items : Consider resolution approving and / or authorizing the following : a . Town Board Meeting Minutes - 3 / 13 / 95 , 3 / 22 / 95 . b . TOWN OF ITHACA WARRANTS . c . BOLTON POINT WARRANTS . d . Monthly Financial Reports - 12 / 31 / 94 , 1 / 31 / 95 . e . Records Management Disposition Listing . f . Designation 1995 Polling Places . g . Ratification of appointment - Highway Laborer . h . Appointment Personnel / Insurance Department Part Time Secretary . i . Agreement for Highway / Parks Superintendent to expend funds . j . 1995 Highway Paving Schedule . k . Attendance Seminar - Interpersonal Skills . 1 . Attendance Seminar - Assessing Land Effected by Conservation Easements . TB Agenda 4 / 10 / 95 Page 3 . 22 . Consider resolution related to residency requirements for Fire Fighter positions . 23 . Consider awarding bid for hydraulic excavator . 24 . Consider request for the Town to abandon a portion of Williams Glen Road , right of way . 25 . Consider conveyance of land to Waldorf School . 26 . Consider request from Tompkins County Solid Waste Division to participate in the Illegal Dumping Cleanup Pilot Program . 27 . Consider Route 96B , MBC Resurfacing agreement with NYSDOT . 28 . Consider water and sewer benefit assessment refund . 29 . Consider appointment of Associate Member to the Conservation Board . 30 . Consider approval of Planning Board resolution amending the Subdivision Regulations to provide for extinguishment of subdivision approval of abandoned subdivisions . 31 . Consider approval of Planning Board resolution amending the Subdivision Regulations to modify the provision of park land reservations and payment in lieu of same . 32 . Discuss process for land protection of Eastern Heights park area . 33 . Discuss Local Law No . 7 / 1988 , a " LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA " . 34 . Discuss possibility of an ordinance setting forth requirements of posting numbers for commercial and residential properties . 35 . Discuss possibility of an ordinance setting forth requirements for boxes to be installed on buildings containing fire alarm systems interconnected with the Fire Department , 36 . Consider ADJOURNMENT . Town Board Meeting 4 / 10 / 95 Additional Agenda Items 1 . Consider appointment of temporary part - time Zoning Board of Appeals Recording Secretary , 2 . Consider temporary appointment Engineering Technician . Town of Ithaca Town Board Meeting April 10 , 1995 5 : 30 p . m . 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 : PRESENT : John G . Whitcomb , Supervisor ; Karl Niklas , Councilman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley , Councilman . ALSO PRESENT' : John Barney , Attorney for the Town ; Joan Lent Noteboom , Town Clerk ; Daniel Walker , Town Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ; George Frantz , Assistant Town Planner ; JoAnn Cornish - Epps , Planner II . M . Scott Decosta , Ithaca College ; Shannon Symonds , Ithaca College ; Jay True , 4 Alessandro Drive ; Bruno Schickel , 40 Schutt Drive , Dryden ; Dick Ruswick , 215 First Street ; Ivar Jonson , 934 East Shore Drive ; Geri Tierney , 116 1 / 2 Heights Court ; Amy Chiano , WHCU / WYXL ; Jerry Weisburd , PO Box 640 ; Rocco Lucente , 506 Warren Road ; Brian Wilbur , Ithaca Fire Department , EXCUSED * Catherine Valentino , Councilwoman ; Patricia Punger , Personnel Manager ; Jonathan Kanter , Town Planner . Call to Order : The Supervisor called the meeting to order at 5 : 30 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Executive Session : Motion made by Councilman Niklas , seconded by Councilman Conley to move into executive session to discuss property acquisition . Motion carried unanimously . The Town Board moved into executive session at 5 : 34 p . m . Motion made by Councilman Niklas , seconded by Councilman Conley to return to regular session . Motion carried unanimously . The Town Board moved back into regular session at 6 : 02 p . m . No action was taken as a result of the executive session . Agenda Item No . 4 - Report of Town Officials : a . Supervisor - See attached . b . Town Engineer - See attached . c . Highway / Parks Superintendent - See attached . d . Town Planner - See attached . e . Building Inspector / Zoning Officer - See attached . Approximately $ 500 more in, revenues have been received in the first quarter of 1995 , compared to the same period in 1994 due to more business for the Zoning Board of Appeals , and the new fee schedule . f . Town Clerk / Receiver of Taxes - See attached . Tompkins County still has not scheduled a meeting to discuss the Annual Solid Waste Fee being added to the tax bills . The Supervisor instructed the Town Clerk contact Michael Lane to receive a progress update on the issue . Councilman Niklas extended appreciation to Betty Poole , Deputy Town Clerk / Receiver of Taxes for the excellent report on the costs which may be incurred by the Town if the solid waste fee were included on the tax bill . g . Assistant Budget Officer - See attached . The independent audit is being conducted for the Southern Cayuga Lake Intermunicipal Water Commission ( Bolton Point ) . The Auditor ' s will be gathering information which the Town needs to include Bolton Point as a component unit , after which the Towns audit will be completed . Supervisor Whitcomb - The determination of whether Bolton Point is a component unit needs to be addressed , there is an opinion by the State Comptroller that Bolton Point is not a component unit , but rather a joint venture . ' h . Personnel Manager - See attached . i . Attorney for the Town Report - Report to be given during an executive session as potential litigation . Agenda Item No . 8 - Persons To Be Heard : No persons came forward to be heard . Agenda Item No_. 33 - Discussion , Local Law N . 7 / 1988 , Requiring Sprinkler Systems To Be Installed In Buildings in the Town of Ithaca : Supervisor Whitcomb - The local law was enacted in 1988 with a ten year window for existing buildings to come into compliance with the law . This time limit was discussed at the last meeting . Mr . Frost has provided an extensive listing of those properties which would be effected by the local law . It is presently unclear what the intentions of the Town Board members are regarding this issue . Does the Town Board feel this local law needs to be revised , or should the local law remain the same ? If the Town Board ' s intent is to leave the local law as it is , the property owners need to be notified there is only three years to be in compliance with the law . i` 2 Councilman Niklas - If any Board member had any concerns they were to communicate them to the Supervisor prior to this meeting . Councilwoman Grigorov - There have been public comments made . Councilman Conley - The Board should hear comments from Fire Chief Wilbur about this matter . Chief Wilbur - The Fire Department strongly supports the local law remaining as it is . The Town of Ithaca took a very controversial and important stance when this local law was enacted . At that time this local law was an important factor in the fire contract discussions between the City and the Town . The local law was a mechanism for the Town to try and keep a " cap " on fire protection costs . Evidence continues as to the utility and usefulness of sprinkler systems in buildings . It is hoped , more rather than fewer , municipalities will be enacting the same type of local laws . Much concern has been expressed about the cost of complying with the local law , and installing the sprinkler systems . Retrofit costs for sprinkler systems which cost less than $ 3 . 00 per square foot have been documented . New construction costs of less than $ 1 . 25 per square foot have been documented in California , and New York State depending on the water supply available . There is concern about the life expectancy of the systems . Manufacturers have indicated that with the current experience of testing , plastic piping in residential housing could have a fifty year life span . There are sprinkler systems presently in use in the community that are steel and cast iron which have been in service a lengthy period of time . Councilwoman Grigorov - Is using plastic the reason it will cost less than what was thought ? Chief Wilbur - The cost has gone down with the alternative use of materials including copper and plastic . The labor costs with plastic are reduced significantly . The newer standards have resulted in water supplies being smaller so that large 4 " and 6 " water mains do not have to be installed in a building . A study conducted by the National Association of Home Builders Research Center through the US Fire Administration indicates the potential exists for having a residential sprinkler system installed for $ . 50 to $ . 60 per square foot . Residential :sprinklers are designed to save lives by preventing flash over . The Danby Road fire which killed five children was a flash over fire . A flash over fire exists when the temperature of the room heats up , and at a certain point all the combustibles in A 3 the space reach their ignition temperatures at the same time and there is an explosion . People do not survive flash over fires . Residential sprinklers are designed to prevent flash over fires . The only alternative to not having sprinklers to combat a flash over fire is to have a fire station within three minutes of every building . Councilwoman Grigorov - Does residential also mean dormitories ? Chief Wilbur - Yes , residential sprinklers now have heads that activate more quickly than a standard one does . There was a sprinkler activation in the Town from a system which was developed in compliance with the local law at the College Circle Apartments . These were new apartments , and the cause of the fire was an electrical thermal storage unit which had been surrounded and packed with newspapers . The newspapers ignited , the response of the sprinkler was so rapid that the occupants of the apartments were awakened by the sprinkler alarm outside of the building rather than by the smoke detector , but that will not always be the case . The fire was rapidly extinguished . There was water damage and the apartments were back in service within a week . Councilwoman Harrison - Is there data on how frequently sprinklers have been activated ? Mr . Frost - The example given is the only case the Town knows about where a sprinkler has gone off in response to a fire . i Councilwoman Grigorov - What law does the Town have for smoke detectors ? Mr . Frost - There is no local law , only the laws governed by the State code :requiring them for existing and new residential buildings . The code requires smoke detectors to be placed in hallways adjacent to bedrooms . There were one or two smoke detectors at the Danby Road tragedy and they did not provide the necessary life safety provisions . Chief Wilbur - There were three smoke detectors at the Danby Road fire . The one which needed to sound , which was just outside the closed door of the parents bedroom was disabled . The other two appeared to be functional . The adults did not hear them because the air conditioner was being operated in the parents bedroom . Mr . Frost - The greatest concerns received from the public in the years since the enactment of the sprinkler law is in relation to the retrofit requirement . Most people do not object to the portion of the law which requires sprinkler installation in new construction . When the Town conducted research before enactment of the law there were two municipalities in the State which already had sprinkler laws . When the State Codes Council approved this law in 1988 , twelve other municipalities within the State had similar �� 4 laws . There are now 22 municipalities in the State with more restrictive :Local laws . Councilwoman Harrison - Has research been done as to the total dollars which are likely to spent to comply with the local law ? Mr . Frost - There are 167 buildings in the Town which have operating permits for multiple residences , ( buildings with three or more units ) . Ten to twelve of those already have systems , College Circle Apartments , Lakeside Nursing Home , and some non residential child care centers . Councilman Niklas - The dormitory towers at Ithaca College do not have sprinklE� rs , would they count as a single building ? Mr . Frost - Fach tower would be considered a single building . Councilman Niklas - The total dollar amount would riot provide an image to the! distribution of costs . Some of these individual buildings would be very expensive to retrofit , versus a small structure . Mr . Frost - There are already some sprinklers in the exist ways of the Ithaca College towers , but not in the rooms . Councilman Niklas - My insurance agent was called to find out what kind of savings a sprinkler system may give someone . A theory was presented with a $ 250 , 000 home ten miles from a fire station with a fire hydrant close by . What would be the discount ? The estimate given was 10 `k to 13 % discount . If that percentage is amortized over the years most people live in a home , the investment could actually be .paid in a reasonable amount of time . There is an initial cost , but a large portion of the cost can be recouped through the discount in the fire insurance . Mr . Frost - A. one and two family residence would receive a better insurance discount than a multiple residence because of the greater risk . Chief Wilbur - The insurance discount for one and two family dwellings is less , it is only now beginning to reach what is experienced by other types of occupancy . The insurance industry has been slow to recognize the value of the new sprinkler technology . John Novar , owner College Circle Apartments has shopped extensively to find an insurance offering discounts . Commercial systems and large multiple zoning can anticipate a higher discount . Agenda Item No_ . 9 - Public Hearing , Local Law Retirement Incentive Program : The Supervisor opened the public hearing at 6 : 18 p . m . The Town 5 Clerk had proof of posting and publication . The Supervisor postponed the public hearing until conclusion of the discussion on Agenda No . 33 . Agenda Item No . 33 - Continued : Councilman N .iklas - What would be the approximate amounts of the insurance discounts for the commercial multiple buildings ? Chief Wilbur - The amount would depend on the nature of the occupation and the risk being protected . There would be a wide range of variables affecting the cost , but the discount could be from 10 % to 30 % 0 Supervisor Whitcomb - What is the pleasure of the Board ? Councilman Klein - Does the retrofit provisions of the current local law strictly apply to multiple dwellings ? Mr . Frost - Multiple dwellings , public assembly buildings and day care centers . Councilwoman Grigorov - Some comments and objections regarding the retrofit placement have been made such as : The first sign of fire is smoke which does not activate the sprinkler alarm . Deaths are from heat and smoke . Deaths would occur before the sprinkler went off . Insurance studies show that sprinklers save buildings rather than lives . Chief Wilbur - A sprinkler is not a substitute for a smoke detector , and a smoke detector is not a substitute for a sprinkler system . Councilman N.iklas - In a multiple residence situation , the apartment in which the fire starts may have no occupant . There would be on one to vacate from that building to hear the alarm . The sprinkler alarm would put the fire out saving the people who were in adjoining apartments . An example is the Ithaca College dorms , some students may be there , some may not , if the fire starts in one room , by the time it spreads the fire alarms will not do much good . Chief Wilbur - The level of risk in the Ithaca Tower dorms is significant , -the only viable counter to that risk is a sprinkler law . Councilman Klein - Are those buildings covered under the present State code ? Chief Wilbur - If those buildings were built today they would be . The value of -_he new technology with the quick response heads is . 1 excellent , they prevent the flash over which is what kills . It is not only a building protective device , it is a life saving device . Some of the information Councilwoman Grigorov has , may be related to past technology . Councilwoman Grigorov - A contractor mentioned that a boiler froze in a local fraternity during vacation , and when it thawed out it ran for two days with water ruining everything . There could be failures of the sprinkler systems causing extensive damage . Chief Wilbur - Water damage is not an unusual occurrence for fraternities . There have been many fraternity buildings where the heat was off , the pipes froze , and the water ran for several days . Those instances had nothing to do with the sprinkler systems . Councilwoman Grigorov - The contractor said he felt it would cost $ 40 , 000 to $ 50 , 000 to retrofit buildings . Chief Wilbur - The cost would depend on the building and if it were residential up to four stories , new technology would be used . If the building is greater than four stories and the new technology cannot be used larger pipes and water supply would be needed . Those types of buildings would be very expensive to retrofit . There is nothing the fire department can do to compensate and provide the protection needed for these type of buildings . Councilwoman Grigorov - The contractor also mentioned the practicality and enforceability . The Town would be negligent if there were no enforcement and something happened . Attorney Barney - If the Town is aware of a situation and fails to enforce it there may be some liability . If there is a violation and the Town is not aware of it , there is no liability . Councilwoman Grigorov - The Town would assume everyone knows the sprinkler law is in effect and that they have to comply , and that would cover the liability for the Town ? Attorney Barney - The Town will do follow up research . If the Town knowingly refuses to enforce the law in a situation where they know there is a violation it may incur legal liability . If the Town does not have that knowledge , which is 99 % of the cases then there is no liability . Councilman Conley - The Town ' s Building Department does not have a reputation of ignoring a potential problem . Supervisor Whitcomb - The 1988 Town Board was ahead of its time in enacting this law . Councilman Niklas - Councilwoman Grigorov is correct in bringing these points out , clearly there is public concern . However , 7 everything said should encourage the Board to continue on the course it hays set with the enactment of the local law . Councilman Klein - How has this local law effected the Town ' s requirements for the contract for fire service ? Past minutes indicate if the entire Town complied with the law , which may also mean the entire Town had municipal water , that it would have some significant reduction in the fire service contract . Chief Wilbur - The fire contract was just negotiated and that issue was in the minds of those doing so . Knowing that the Town had not received the full benefit of the retrofit , and that the amount of new construction is not significant , it was not a significant factor in the negotiations . If the Town requires compliance with the retrofit , that should be a very strong bargaining issue in the next fire contract negotiations . Supervisor Whitcomb - To allow this issue as a bargaining item , the Town will have to get past the argument the City uses that what is being protected is property , and therefore the Town ' s share of the contract can be based on property values rather than the total number of calls . Chief Wilbur ' s comment about using the sprinkler retrofit as a bargaining item at the next contract negotiations will be remembered . Chief Wilbur -- " I will not forget what I said , because I believe in it . I will be introducing some form of sprinkler legislation in the City " . This type of legislation is the most practical way to go . There are buildings which would be exempt under the legislation in both the City and the Town . Smaller trucks and less equipment may be needed by the fire department with enforcement of this type of legislation . The fire department would like to be able to do more pro active things rather than wait for the alarm to go off . Supervisor Whitcomb - Is the Town Board in agreement that the present local law should stand as it was enacted ? Councilman Conley - The local law should stay as it is . Councilwoman Grigorov - I am reassured about the law if it will prove to be cheaper to the Town . Councilman Klein - Should the owners of the properties who will have to comply with the law be invited to a public meeting to discuss their concerns before the time frame becomes critical ? Mr . Frost - The Building Department is going to send notification to those owners telling them they have three years from July 1995 for the retrofit to done . The notice could include a request for comments to the Town Board . 8 Councilwoman Grigorov - The Board could decide after the mail out if it is necessary to have an informational meeting . Chief Wilbur - The Fire Department would be very happy to work with Mr . Frost in developing a seminar to speak about the law and what the options are for methods of compliance . A demonstration could be done to help people understand how and why they should comply . The Board agreed to have the Fire Chief and the Building Officer arrange for the informational meeting and the demonstration . Agenda Item No . 12 - Public Hearing , Local Law Amending Zoning Ordinance Expiration of Preliminary Site Plan Approval : The Supervisor opened the public hearing at 6 : 42 p . m . The Town Clerk had proof of posting and publication . Supervisor Whitcomb asked that the Board postpone the public hearings which have been opened until discussions of those agenda items which Chief Wilbur will provide information on are concluded . Agenda Item No 34 - Ordinance Requiring Posting Numbers for Commercial and Residential Properties : Mr . Frost - Copies of the City local law which have been provided could be used as a model for the Town . It would be beneficial for the Town to enact something similar . The local law would require every property have an address number posted on the front of the building . The Town would propose a three inch minimum height number , rather than the two inch the City requires . Thle Town ' s local law would be more specific in terms of placement of the numbers . The City law says the numbers could be placed anywhere on the premises . The Town would require a location facing the road frontage . Councilman Ni. klas - Would that requirement include a mailbox ? There is benefit to this type of a law over and above the benefit to the Fire Department , just being able find a location . Councilman Klein - Would this comply with the 911 emergency number ? Mr . Frost - It would be coordinated with the 911 number . There could be problems with some buildings on corners . Supervisor Whitcomb - Instructed Mr . Frost to proceed with this proposed local law , making sure it does conform to the 911 guidelines . Chief Wilbur -- The Fire Department is formulating the recommended guidelines for the 911 system , the comments heard will be addressed . 9 Agenda Item No . 35 - Requirements for Installation of Boxes on Buildings Containing Fire Alarm Systems : Chief Wilbur - The boxes are made of forged steel and affixed to the side of a building to keep the keys to the building secured inside . Each fire apparatus carries a special key receiver in the vehicle . When there is an alarm the dispatcher is called and asked to release the key to that vehicle . The dispatcher sends out an encoded radio transmission for a brief window of time to allow the operator of the vehicle to release the receiver and get the master key out of the box . The Dispatcher logs that event , and the fire fighters can enter the building without having to break into the building . It saves time instead of having to wait for someone to open the door if there is no suspicion of a fire . Having emergency contacts for buildings and having names of people to call has not been successful . Either the contacts are not kept updated , or the response time of those individuals is so slow that the Fire Department goes to another alarm before the emergency contact arrives . The City ordinance has been in place since 1989 . Supervisor Whitcomb - Are these boxes tamper proof ? Chief Wilbur - The Fire Department ' s responsibility is to get into a building easily , they are very good at entering a building forcibly . If: there is a choice between forceful entry and having to break into a lock box for proper access , the door would be broken down . The lock boxes are very secure . Councilwoman Harrison - Are there any known cases where someone other than the Fire Department has been able to get the keys from a locked box and enter a building . Chief Wilbur - In the City , the building owners who are required to have the boxes include anyone with a fire alarm system that automatically notifies the Fire Department of a fire through electronic means . The one population which has not been dealt with in an adequate way is the " personal alarms " , that the Tompkins County Office of the Aging provides . Those , such as " I ' ve fallen and can ' t get up " , alarms . The Fire Department is working with the Office of the Aging to find funding for the boxes since the elderly would be unable to afford them privately . The boxes most often used cost approximately $ 130 . 00 . The box is approximately 3 " wide , by 5 " high , by 2 " deep . Councilman Niklas - The City ' s ordinance requires the box for all buildings which have fire alarms , but excludes one and two family homes . Are there any major businesses which do not have any kind of alarm? Chief Wilbur - " Yes " . 10 Councilman Niklas - Then those businesses are legally excluded from having a locked box . Chief Wilbur - If the Fire Department receives an alarm for a business which is not protected by an alarm system a fire is considered hostile and the building is broken into . Supervisor Whitcomb - Does the Board wish to have a similar ordinance drafted for their consideration ? Councilman Klein - Is this something which is being asked to be done by the Fire Department ? Chief Wilbur - " Yes . " Councilman Conley - The application is for which buildings ? Mr . Frost - The ordinance would include all buildings except one and two family residences . The City wants all buildings have boxes regardless of whether there is a fire alarm system . The Town does not have many commercial or multiple residence occupancy buildings which have fire alarm systems . The most desirable ordinance would require a locked box for all buildings . The Supervisor instructed the Building / Zoning Officer and the Attorney for the Town to draft an ordinance . Agenda Item No . 9 - Continued : The Supervisor resumed the public hearing at 6 : 42 p . m . , and asked that anyone wishing to speak come forward . No one came forward to be heard . The Supervisor explained the law would allow two Town employees eligibility in the State ' s retirement incentive program . The Supervisor closed the public hearing at 6 : 43 p . m . Councilwoman Harrison - Enactment of the law would mean the elimination of those positions . What happens in the future , if the position is again necessary to the functions of the Town ? Attorney Barney - The positions could be recreated with a reconfiguration of the job description . Councilman Klein - These two positions could be reclassified and absorbed elsewhere through other employment functions . Mr . Walker - One employee eligible under this plan has a position which grew around his skills and abilities . Agenda Item No . 10 - SEQR , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM : Resolution No , 65 : Motion made by Councilman Niklas , seconded by 11 Councilwoman Grigorov making 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 Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . Agenda Item No . 11 - Enactment , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM : Resolution No . 66 : Motion made by Councilman Niklas , seconded by Councilwoman Harrison that the Town Board of the Town of Ithaca does hereby enact Local Law No . 3 / 1995 a , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " , said local law shall take effect upon filing same with the Secretary of State of the State of New York . The Town Clerk is authorized and directed to file the said local law as required by law . The Supervisor announced he was signing a Certificate of Necessity related to this local law . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Roll call vote carried unanimously . Agenda Item No . 12 - " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " : The Supervisor reopened the public hearing at 6 : 45 p . m . , and invited any member of the public to be speak . No one came forward to be heard . The Supervisor instructed the Town Clerk to include the written comments received by Bruce Brittain , Forest Home in the official minutes . The Supervisor closed the public hearing at 6 : 46 p . m . Agenda Item No 13 - SE R , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL : Resolution No . 67 : Motion made by Councilman Niklas , seconded by Councilwoman Harrison that the Town Board 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 Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , 12 aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . Agenda Item No . 14 - " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " : Resolution No . 68 : Motion made by Councilman Niklas , seconded by Councilman Klein that the Town board does hereby enact Local Law No . 4 / 1995 a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " . The Town Clerk is authorized and directed to advertise and file the said local law as prescribed by law . Attorney Barney - The local law was drafted so the site plan doesn ' t expire until it is affirmatively decided that it expires by the Planning Board . The language in the local law is close to the State ' s regarding subdivision approval . The subdivision approval says that if the final is not granted within a certain period of time , " the Planning Board may revoke the preliminary approval " . It does specifically require a public hearing . Councilwoman Harrison - What is the rationale for a public hearing to be held ? Attorney Barney - Having a public hearing would be a fair method to notify the person who had the approval of the opportunity to be heard . Councilman Niklas - There could be someone who may not wish to have the approval expire , but the neighbors would like it to expire . The advertisement of the public hearing would allow knowledge that the issue was being considered . Councilwoman Harrison - Would the cost of the public hearing notice be borne by the Town , or by the individual who petitioned ? Attorney Barney - Depending on how it was set up , the Town could charge an application fee for notice of a public hearing . Councilman Niklas - It is hard to evaluate how much the Board members spend, on these items , the cost of the public hearing is only about $ 50 . 00 . The Town Attorney and staff are usually in attendance at these meetings . The public hearing gives people the pros and the cons when someone wants to maintain their site plan approval . Others may wish to come forth to give an opinion . Councilwoman Harrison - Does the Town have a notification requirement to adjacent landowners ? Attorney Barney - There is a written policy by the Town that adjacent landowners be notified . 13 Councilman Klein - If the site plan approval extension was denied , does the applicant have any legal recourse through the Zoning Board of Appeals or the court system ? Attorney Barney - There is a general provision in - Town Law which would give them an adequate recourse . The Supervisor called the vote . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Roll call vote carried unanimously . Agenda Item No 33 - " LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA " : Mr . Rocco Lucente approached the Board regarding the existing sprinkler local law , he was not in attendance during the previous discussion . Supervisor Whitcomb explained to Mr . Lucente that the Fire Chief had given his views for the necessity of the sprinkler local law . The Town Board decided , at this time , not to amend the local law . The Town Board will notify the property owners affected about the retrofit clauses they would be expected to comply with the law by 1998 . The Board is planning an informational meeting regarding sprinklers in the near future . The Supervisor invited Mr . Lucente to offer his comments . Mr . Lucente - The main objection to the law is the retrofit requirement because of the difficulty and cost of installation . Many tenants have been asked if they would like to have a sprinkler system in their apartment , and they say " yes " . They are then asked if they are willing to pay an additional $ 50 . 00 per month in rent . They say , " no " . Supervisor Whitcomb - Have you priced what it would cost to retrofit a building ? Mr . Lucente - The Home Builders Association last week has determined it would cost approximately $ 5 , 000 per 1 , 000 square foot unit , or about $ 5 . 00 per square foot . To retrofit , walls have to be penetrated with plaster being torn down and replaced . The work is very expensive . Councilman Niklas - Mr . Lucente can be sent a copy of the minutes to better understand the comments of the Fire Chief and the Town Board . Mr . Lucente - Will the local law be amended ? 14 Councilman Klein - Changes are not proposed to the local law at the moment , but it may be changed later . Councilwoman Grigorov - The Fire Chief quoted $ 3 . 00 per square foot to retrofit a residential building with sprinklers . Mr . Frost - Any type of informational meeting will include information on retrofit systems which do not penetrate existing walls . This type of application would reduce the cost by having the pipes on. the outside of the wall towards the ceiling with a soffit covering . Mr . Lucente - That application would have pipes the tenants will not like . Mr . Frost - It would be a single pipe in a room with a sprinkler head . Larger rooms would have two sprinkler heads . Mr , Lucente - Is there anything the landlords can do to get the local law changed ? Supervisor Whitcomb - The Town will notify those people who are affected by the sprinkler law and invite them to a meeting so the Board may heard all sides of the issue . Mr . Lucente - Hundreds of people who are affected will have to pay for this . Supervisor Whitcomb - There are 162 buildings in the Town which would be required to retrofit sprinklers . Mr . Lucente -- How many tenants does that mean ? Supervisor Whitcomb - That number is not known , it would include the dormitories at Ithaca College , Mr . Lucente - It would be in the thousands of people . How many of these thousands are willing to pay the extra money ? Attorney Barney - Maybe the developers could reduce their profits . Mr . Lucente - It is not just the developers who want profits , everybody wants profits . There have been basicly no increases in rent for the last ten years , how much have the taxes gone up in that time ? Councilman Niklas - This is an important debate , but it would seem the best opportunity for people to voice their opposition is when the public meeting is held with the Fire Chief speaking to the implications of the sprinkler law . The Fire Chief is willing to share his information about the costs . 15 Councilwoman Grigorov - The developers could summarize their comments in writing to the Town Board and include data about the cost and the number of people being effected . Mr . Lucente - At the Builders Association meeting last week a representative from the State Code Enforcement agency said it would cost $ 5 , 000 for a new home . The question was asked , how many homes built in the last ten years have had fires which caused fatalities . His answered that in the last ten years in the entire country an average of 1 , 300 home fires caused fatalities . Councilwoman Harrison - It seems there has been more than the Town ' s share locally . Councilman Ni. klas - The insurance research conducted , which Chief Wilbur agreed with , showed there are substantial discounts in fire insurance when buildings have sprinkler systems . In a hypothetical scenario the estimates for a single family , $ 250 , 000 home would be a reduction of 10 % to 13 % . Chief Wilbur said there can be a 10 % to 30 % in discounts for commercial property . Mr . Lucente - " Sometimes the insurance goes up " . Councilman Niklas - There is an honest difference of opinion , and the best place to discuss those would be in a place where all interested parties were together . Mr . Lucente - The fire sprinkler systems can go off accidently and do major water. damage . There may be lower fire insurance costs but the water damage insurance would increase . The intent of the sprinkler systems is to save lives . If you want to save lives stop the cigarette advertisements . Hundreds of thousands of children will die as a result of cigarette advertising , why worry about hundreds . Let us worry about the hundreds of thousands who are dying from a fire in a round about way . Councilwoman Grigorov - Was the State code representative in favor of sprinkler :systems ? Bruno Schickel - The person who attended the Builders Association was not from the State , it was William Albern a local engineer . Supervisor Whitcomb reassured Mr . Lucente the Town will be sending a letter to those landowners affected by the law , and the Town will set a date for a public to discuss the issue , The Town Board needs to see writter.L statistics from the developers and landowners about the issues which have been discussed . The Fire Chief will also present his statistical information at this meeting . The Town Board would be. present at this meeting to hear both sides of the issue . The meeting will be held within the next few months . Bruno Schickel - The Town Board should look at the local law , it 16 does not seem the Town can require owners to go back and retrofit sprinkler systems . There is no place in the law which gives the Town Board the authority to do that . Attorney Barney - The law does say that the Town can require retrofiting . Agenda Item No . 15 - Public Hearing , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DI ,STRICTS " : The Supervisor opened the public hearing at 7 ; 00 p . m . , the Town Clerk had proof of posting and publication . The Supervisor asked any members of the public wishing to comment to come forward . Bruno Schickel , Schickel Construction , Dryden - On behalf of the Builders Association : The law as proposed does not comply with New York State law nor with many of the recent Supreme Court cases which said there has to be a connection between the fees which are imposed and the need being created . It does not appear as if there was any study done with regards to the requirements for recreation and park land use , and the need a new house creates . The Town has taken arbitrary numbers and placed it in the law . It will probably not stand in the State courts . Attorney Barney - In Section 30 , 2b , of the proposed law it says , " land for park , playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town . Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town . . . . . " That language comes from the State of New York , Town Law , there is nothing new or different than what is also the law . Mr Schickel - This is the only local law which was provided , ( Agenda Item No . 18 ' s proposed law ) . Attorney Barney - The proposed local law states there must be the finding of the need first , once the finding is made , the next question is if there should be land given or money in lieu of land given . That is a determination by the Planning Board . Mr . Schickel - The Town is in essence " putting the cart before the horse " . " This is how much it will cost if the Town comes to the conclusion land is needed , they are not being tied together . " Attorney Barney - Town law provides the amount should be set by the Town Board . There are two ways of doing so , one way is to make the determination every time on an individual basis . No one would know what the payment would be in this instance unless it is determined 17 ahead of time . At that point it would go before the Town Board because the law says " the Town Board shall affix the amount or determine it. " . A developer at that time could be asked to pay something which could be four times the level as proposed in this local law , or they be asked to pay much less . This local law is intended to ;put some form of certainty into the process . Mr . Schickel - This discussion can be addressed during the public hearing for Agenda Item No . 18 , Councilman Niklas - The COC committee has been very open about what it is doing before it gets to the stage of a public hearing . The Planning Department sent copies of all these draft pieces of legislation to the Tompkins County Builders Association . Was any member of the Builders Association present during the discussions or public hearings the Planning Board held ? Attorney Barney - The Planning Board meeting occurred on the same night there was a Builders Association meeting . The Supervisor asked if anyone else wished to speak regarding this law which extends the current law regarding the open space reservations , and the ability to charge fees in lieu of from residential districts to multiple residence districts . Jerry Weisburd , Housecraft Builders - The packet regarding this local law and the sunset clause were received , but no notification was received when the Planning Board discussed them . Councilman Niklas - Those public hearings were posted and advertised in the legal newspaper . Mr . Weisburd - Both laws , multiple residence districts and residential districts are worded the same . The comments to be made will apply to both . It is not a bald idea to charge and have builders pay some amount of money for an open space set aside . ( This is a personal opinion , not as a representation of the Builders Association who may or may not agree . ) However , the Builders Association are correct when they say that the amount of money being charged , especially in the case of a residential district , is exorbitant . If a 155 unit subdivision open space like that which came before the Planning Board last week was determined to be too small and they did not like it , and there was a need which was not being met , the Planning Board could charge $ 450 , 000 . This seems to be in violation of the Tigard Ruling of the Supreme Court which said it has to be pegged to the assessment of what the load is by those people in the Town . Instead , the Town has made a fairly detailed and accurate assessment of how much this land is worth and taken 10 % of it . It seems that the initial assumption is faulty because the Town is saying it is 10 % of the improved value of the land . In the case of 18 Commonland a five acre ball field , and a seven acre wooded park land were set aside . Water , sewer , and roads were not placed through those set asides , it was raw land set aside , that is typically the case . The idea behind the law is to create more significant and more meaningful open space and park land . That is something which is a good idea , but it is better to have meaningful open space rather than little pieces here and there . The law does not go far enough . The Town has obstacles in the local law to pushing buildings closer together and making more meaningful open space . EcoVillage needed a SLUD to move the buildings closer and to allow the buildings to be higher . If the Town is going to enact this law and have payment up to $ 2800 if a developer cannot provide meaningful open space , a way has to be found for the developer to do the meaningful open space . EcoVillage has found there are still impediments to creating significant open space . Enact this type of law when the obstacles are taken away . The Town is saying a developer can be charged $ 2800 for each lot because they do not provide meaningful open space , with no way for the developer to do so . This is not fair . Dick Ruswick , Greenway Coalition - The Greenway Coalition is in support of this local law . The Supervisor closed the public hearing at 7 : 15 p . m . Resolution No . 69 : Motion made by Councilman Niklas , seconded by Councilwoman Harrison that the Town Board 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 Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye , Councilman Conley , aye . Carried unanimously . Agenda Item No 17 - Enactment , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISr['RICTS " Resolution No , 70 : Motion made by Councilman Niklas , seconded by Councilwoman Harrison enacting Local Law No . 5 / 1995 a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " . The Town Clerk is authorized and. directed to advertise and file the said local law as prescribed by law . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; 19 Councilman Conley , aye . Roll call vote carried unanimously . Councilwoman Harrison - There is a definite need for recreational spaces , especially in the multiple residence areas of the Town . Agenda Item No . 5 - Reports of Town Committees : Councilman Niklas - The COC has a draft local law to increase the building height requirements from 34 ' feet to 36 ' feet . It has been somewhat: complicated because the Attorney had to review the entire Zoning Ordinance where building height was mentioned . Drafts of that local law are being circulated to the Planning Board , the Zoning Board of Appeals , and shortly to the Town Board , The COC is looking at the Zoning Ordinance to coordinate it with the recommendations of the Comprehensive Plan . Supervisor Whitcomb thanked the COC and Councilman Niklas for their hard work and. for what has already been accomplished in 1995 . Councilman Klein - Public Works Committee : The Judd Falls Road project has been advertised for bid . Councilwoman Harrison - What is the status of the restoration of the downstream Forest Home Bridge ? Mr . Walker - The County claims the reconstruction will be done during this construction season . They have received notification the consultant has hired another consultant to finish the plans . Councilman Klein - Mr . Walker presented cost estimates for the extension of sewer to Mr . Grippe ' s property . The cost estimate is approximately $ 125 , 000 to extend the sewer to the Grippe parcel and two others . Councilwoman Grigorov - The advisory committee for the Post Office met and made a tour of their facility . The new Postal Director is very interested in hearing about local problems with the post office . The Planning Committee worked on the unbuildable land question , and the conservation area at Six Mile Creek . A draft will be available in the near future . Mrs . Noteboom - Asked Councilwoman Grigorov to discuss the mail delivery system on Danby Road at the next Post Office Advisory meeting . The :residents had requested a change due to the danger of crossing that road to get their mail . Councilwoman Grigorov - The subject will be brought out at the next committee meeting . Councilwoman :Harrison - The GEIS with Cornell University is 20 I progressing smoothly , most everything has been resolved expect issues regarding parking . The issue can be brought before the Town Board within the next couple of months . Councilman Niklas - Many nice things have been heard about Councilwoman Harrison who chairs the GEIS committee . She conducts an effective and efficient meeting . Councilwoman Harrison - " I am very pleased with how well everyone has worked together on this issue " . Agenda Item No . 6 - Report of Tompkins County Board of Representatives : No report . Agenda Item No . 7 - Correspondence : a . Senator James L . Seward - Announcing support of re - introduction of bill permitting local governments to classify roads and bridges . b . Assemblyman Martin Luster - Announcing his re - introduction of bill permitting local governments to classify roads and bridges . C , Senator James L . Seward - Assurance that the functions and duties of the Commission on Cable Television will continue even with the dissolution of the Commission . d . Consolidated Rail Corporation - Consolidated Rail has moved the date for resurfacing tracks until July to allow more time to notify residents . Supervisor Whitcomb - Residents have commented they were very pleased the Town notified them the track work was to be done when Conrail had not . Councilman Klein - It was interesting that Conrail did not originally notify the residents , when the Town did . e . Mary A . Raponi - Supervisor ' s response regarding Town Board discussion in March about the DeHarder Investment Corporation . Agenda Item No . 21 - Consent Agenda Items : Resolution No ,. 71 : Motion made by Councilman Niklas , seconded by Councilwoman Grigorov approving and / or adopting the Consent Agenda Item resolutions , 21 ( a ) - 21 ( f ) , and 21 ( h ) - 21 ( 1 ) as presented . Approval and / or adoption of Agenda Item No . 21 ( g ) will not be made at this time . Resolution 71 ( a ) Approval and adoption of the official minutes of the Town Board for the regular meeting held March 13 , 1995 , and the 21 I special meeting held March 22 , 1995 . Resolution 71 ( b ) : Authorization to pay the abstract of audited vouchers as listed . Resolution 71 ( c ) : Authorization to pay the abstract of audited vouchers for Bolton Point as listed . Resolution 71. ( d1 ) : Adoption of the official Financial Report for the month ending December 31 , 1994 . Resolution 71 ( d2 ) : Approval of the monthly Financial Report for January 1995 , as recommended by the Finance Committee . Resolution 71 ( e ) o Approval of the Records Management Disposition Listing , Resolution 71 ( f ) : Designation of the official Polling Places in the Town of Ithaca for 1995 . Resolution 71 ( h ) . Approving the appointment of Joy Daley as Part - time Secretary to the Personnel and Insurance Department at $ 8 . 00 per hour , for 20 hours per week , charged to account A1430 . 100 , effective 4 / 18 / 95 . A six - month probationary period applies , after which a performance review will be made to determine regular employment status . Benefits are limited to the part - time status of this position . Resolution 71 ( i , j ) : Approving and adopting the " Agreement for the Expenditure of Highway Moneys " , for the year 1995 , including the schedule and definition of the general repairs and permanent improvements to be completed as prepared by the Highway / Parks Superintendent and the Public Works Committee . Resolution 711kk ) : Approval of Attendance by Starr Hays , Secretary at the Fred Pryor Seminar , " Interpersonal Skills " , on May 11 , 1995 , in Syracuse , New York at a cost not to exceed $ 175 . 00 , which includes registration , meals , and other qualifying expenses charged to account B8020 . 403 . Resolution 71 (; 1 ) : Authorizing attendance at the course entitled , " Assessing Land Affected by Conservation Easements " , by up to two persons , at the discretion of the Town Planner , to be held in Albany , New York on May 5 , 1995 , with cost of such attendance not to exceed $ 450 . 00 , to be charged to account B8020 . 403 . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley , abstain . Motion carried . Agenda Item No 22 - Residency Requirements Fire Fighter Positions : 22 Supervisor Whitcomb - When the City hires Firefighters they have restricted the list of eligible candidates to City residents . The Town has complained , and the City has drafted a letter requesting special State legislation to expand the eligibility listing to include Town of Ithaca residents since the Town is their partner in the fire contract . The existing law seems to give them that authority , but they are asking for enactment of the legislation to provide them a comfort level . There was a notice received announcing the civil service testing for firefighters . The City has opened the exam to all residents of the County until the State legislation s introduced . Can testing be restricted to Town and City residents now ? Attorney Barney - That possiblity was not looked at in that context . The present legislation creates a problem with civil service saying it is restricted to the City . Resolution 72 : Motion made by Councilman Niklas , seconded by Councilman Klein that the Mayor of the City of Ithaca is authorized to join with the Supervisor of the Town of Ithaca in requesting that Assemblyman Martin Luster and Senator James L . Seward introduce and support legislation during the 1995 session which would make it clear that the City of Ithaca Civil Service Commission has the authority to certify preferential lists which include residents of both the City of Ithaca and the Town of Ithaca in one joint list . The Town Clerk is authorized and directed to forward a certified copy of this resolution to the Mayor of the City of Ithaca , Assemblyman Martin Luster , and Senator James L . Seward . Councilwoman Harrison - Is the City planning to not do this , until the legislation is enacted . Supervisor Whitcomb - The City is going to hire from the County list at this particular time . Councilman Niklas - Hiring from the County list is better than the past because the City consciously excluded anyone other than City residents before . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item Na . 23 - Bid Hydraulic Excavator : Mr . Noteboom - Only one bid was received on the bid for the Hydraulic Excavator . The bid should be rejected to secure a better bid environment and receive more than one bid . A more competitive price might be possible . Councilwoman Harrison - Why was only one bid received ? 23 Mr . Noteboom - Badger Corporation is starting to phase out one of their pieces of equipment and the other piece which would be comparable to this machine wasn ' t ready until April 11 , to fill a bid . The Town was ahead of that time frame . There are not many options for this type of machinery . To only get one bid , and having that company know they had an advantage became an uncomfortable situation . Councilman Klein - The bid specifications were not so closed to have caused a problem in receiving only one bid ? Mr . Noteboom - " No . " Resolution No . 73 : Motion made by Councilman Klein , seconded by Councilman Conley that the Town Board hereby rejects the one bid received for a rubber tire excavator . The Highway / Parks Superintendent is authorized to advertise and receive bids for the new rubber tire excavator . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 24 - Abandonment Portion Williams Glen Road Right of Way : Supervisor Whitcomb - Mr . John F . Young , and Susan M . Barnett , 410 Triphammer Road have requested the Town consider abandoning a portion of Williams Glen Road , ( see attached ) . The Town Board previously referred this to the Town Engineer and the Highway / Parks Superintendent for their recommendation . Mr . Noteboom - The area was inspected and there is no area where a turn around could be made for Town snow equipment . The Town can comfortably abandon that section of the highway . The snow plows presently turn around by backing into other driveways . The Town should communicate with the owners of those driveways to ask for an easement . The configuration of the hillside would require moving an enormous amount of dirt and material to make any sort of turn around for the Town trucks . Supervisor Whitcomb - What legal steps must be done to abandon the road ? Attorney Barney - The Town would adopt a resolution abandoning the road . Mr . Noteboom - The initial portion of the dirt track described in the letter is where the plated road is , the rest is not . Mr . Walker - This dirt road is used by people to illegally go across this property . Does the Town have any knowledge of why i 24 people are using this illegally , where are they going ? Mr . Noteboom - This road is not heavily used and is very steep . Councilwoman Harrison - The alternative for the people using this dirt road if the Town turns back the right - of - way , is to go out the paved road at the City end . Agenda Item No . 18 - Public Hearing , " LOCAL LAW AMENDING LOCAL LAW NO . 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " : The Supervisor opened the public hearing at 7 : 30 p . m . The Town Clerk had proof of posting and publication . The Supervisor postponed the public hearing until conclusion of Agenda Item No . 24 , Councilman Klein - Would the Town maintain a portion of the right - of - way in order to negotiate a " K " turn by the trucks ? Mr . Noteboom - The present right - of - way is 50 feet on the left hand side going towards Route 96 . The pavement and the ditch line start on the edge of the Town right - of - way and extends to the right facing Route 96 , onto the residential property . The Town could fill that in. with dirt onto about 25 feet of the lawn area . That is a considerable amount of fill , and there would be considerable problems . 'That might give the Town the leverage to obtain an easement to continue backing on that portion of the property . Councilwoman. Grigorov - That is a separate issue . Councilman Niklas - Attorney Barney will look at what the procedure is for abandoning the road , and Mr . Noteboom will meet with him to discuss a method to maintain the roads in the area . Perhaps there could be a lank with the abandonment of the road and gaining access to areas that would make turning around easier in the winter . Councilwoman. Harrison - Does the Town recover legal expenses from property owners who request these types of things ? The homeowner will be receiving a benefit from the Town . Attorney Barney - It would depend , the Town does not normally get reimbursed for a straight abandonment . Councilman Niklas - The benefit received may be a negotiating factor between the home owners and the Highway / Parks Superintendent in terms of better access . Mr . Walker - A portion of the right - of - way could be abandoned to the adjacent landowner where the Town is turning around on the highway . 25 Supervisor Whitcomb instructed the Highway / Parks Superintendent and the Engineer to develop a plan with the Attorney for the Town to abandon the road as requested and provide a proper turn around for the snow trucks . A status report will given at the May meeting . Agenda Item No . 18 - Public Hearing , " LOCAL LAW AMENDING LOCAL LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " , Continued : The Supervisor asked for any persons wishing to comment to come forward . Jerry Weisburd , Housecraft Builders - Attorney Barney ' s comment that builders need to know the amount they would be charged for open space set aside is valid . However , there is disagreement with how it is presented in the local law . In the US Supreme Court decision of Dolan vs . the City of Tigard , 1994 , " no precise mathematical calculation is required , but the City must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development " . The Town presently has a local law which says the amount is going to be set by this arbitrary guide of 1 / 10th of an improvement lot cost . The Supreme Court said the Town has to determine what the load of this particular project is , and base the cost on an approximation of that . The Town is not following that example in charging the proposed rates . That coupled with not making it easy for the developer to do otherwise puts the enactment of this local law into question . Supervisor Whitcomb - What would be a more equitable way to achieve this ? Mr . Weisburd. - The Supreme Court is saying the Town needs to make a study . Example : If there is a 155 unit subdivision , there is 155 families , what percent of the Town is that , and what load does that represent on the park system , including money . The study would be more difficult than having a listing , but the Town could do some of the work in a generic fashion and evaluate each development as they come along . The Town is basing the fee on what the anticipated load is from the project , rather than a value . Rocco Lucente - The Town is not going quite far enough with this . There should. be more fees charged to the people who benefit from these parks who have never paid for them . There should be a park district charge to people on a benefit basis . Why should a new homeowner pay $ 2800 for a future park , and someone who has previously lived there and receives the same benefit not pay ? It is unfair to give some the benefit without cost , everyone should pay for what they benefit from . Councilwoman Grigorov - The intent was to make the fee comparable 26 to what it would be if 10 % of the land was given as park land . Mr . Lucente - There are some areas where people are benefitting from parks they did not pay for . Councilwoman. Grigorov - In the new developments over the last ten to fifteen years people have been paying for the parks , by having 10 % of the land withheld . Bruno Schickel - Where will the money from these frees be going ? Attorney Barney - To a trust fund for the construction of parks and recreation areas . It is a separate fund . Bruno Schickel - Has the Town concluded that the present parks in the Town of Ithaca are at full capacity to service the existing population of the town ? If they are not , and if there are more than enough parks now , it should be questioned whether the Town can exact these fees to begin with . Supervisor Whitcomb - There has been a clause written into the law requiring the Planning Board to make a finding that the additional park space is needed prior to imposing this fee . Mr . Schickel - The research the Builders Association has conducted shows the Town needs to review case law . There has been a number of case law histories related to this issue , some include defining the neighborhood parks . The money would have to be used for a park that is accessible to that development , it could not be used for a park on the other side of Town . Supervisor Whitcomb - The Planning Committee raised these issues in the discussions when drafting this local law . The committee was concerned between the park land dedication or the fee in lieu of , and the benefit to the people who were paying the fee . Dick Ruswick , Greenway Coalition - The Coalition supports the fees in lieu of policy . Whether the coalition has an opinion on this fee schedule is not known . The fees are an effective means of getting green space in areas where green space could not be used otherwise . The draft local law has a provision to down size the fees if the Town Board and the Planning Board feel the fees are not appropriate , but there is no way to raise the fees without the local law being amended . If it comes to the point where the fees as established are no longer relevant to a property the Town must make sure a review is done on a regular basis . Councilman Ni. klas - The Town reviews all fee schedules regularly to determine if they are too high or too low . These fees would be included in that review . 27 Bruno Schickel - The fee schedule has everything from $ 200 to $ 2800 . Why does one family require more park land and facilities than another ? That is being said with this fee schedule . Attorney Barney - The fee schedule was devised after an extensive study of the sale of land in each of various residential zones . R5 was difficult to study because there is only one mobile home district in the Town . The others were based upon sales which were tied to the acreage . The highest sale price and the lowest sale price was dropped , and then an average price was used to find the average cost: of what an acre would cost in that particular area , then a factoring of the number of units per acre was done to find an amount per unit . Bruno Schickel - The fact there is a fee structure that is all over the lot , speaks to the fact there is no relationship . This fee structure has no relationship between the load that a single family house is going to put on the park system . The needed facilities for a family that lives in an R5 or R15 zone would be the same . Attorney Barney - There is confusion as to establishing a nexus between the dollar amount and the need for the land . The nexus to be established is need , based upon the need for the land , based upon the project . The need for a park in the first place , that is built into the law . The Town cannot demand or request money from a developer if the Town does not first establish there is a need- for the park . Once the need for the park has been established , and it has been determined there is no land in this particular development that will work for a park , the question of what is a reasonable measure of the value of what the Town is not requiring the developer to provide is determined , that value is the land . To attempt to approximate this on a rationale basis the Town took the number of acres , divided by the total purchase price to find a value per acre of land in the specific zone . Bruno Schickel - The 10 % set aside of the land is just as arbitrary as these numbers . Attorney Barney - There is a paragraph on the second page of the law which saLys if the value is not comparable the amount of money called for could be reduced . Example : A circumstance could arise where someone goes to the Planning Board and says there is a need for a park , but there is not a need for 10 % of the land for a park , maybe only 5 % , or 8 % is needed . The value of the 5 % or 8 % would not be comparable to the amount of money for a 10 % set aside and the money called for could be reduced . Bruno Schickel - Once these fee structures are set in place , there is a basic assumption that is what the charge will be . If a group other than the Planning Board wishes to make sure the money is 28 received , they will have to come to all types of conclusions to say that the charge can be lowered from the fee structure . It would be better to get rid of the fee structure . This Board just said the fees would be determined on a case by case basis . Attorney Barney - The need for the lien has to be done on a case by case basis , once that has been done a fee can be charged that bears some resemblance to the land which is not being received . It is interesting to hear the developers having a problem with this . The case of the 155 units in a development multiplied by the $ 2800 would represent a $ 434 , 000 fee . That would be the maximum a developer would pay . The developer could make a case with this local law and perhaps not pay anything because there may be no reason to have a park in that location . If the fee schedule is left open the developer could propose a development , if the findings show a park is needed but there is no land to do so , money is set aside . The developer would go to the Town , the Town could say that 155 unit may establish the need for the Town to build a park that costs $ 1 , 000 , 000 . The developer could be asked to pay for that park . This local law allows the developers to have a finite amount known in the beginning , which from that point on could be reduced . Mr . Schickel - The Town ' s impression is that $ 2800 is not a lot of money . The impact of that type of fee on the price of a home is enormous . This fee will put the Town of Ithaca at a disadvantage when providing affordable housing . Ivar Jonson - The money will have to be put aside to benefit the people who live in the area . If there is a fifty lot subdivision and the money was received from those people , they should get all the benefits . Councilwoman Harrison - The benefit does not have to be solely to those people . Mr . Jonson - " That is not fair " . Councilwoman Harrison - The same would be true for other people in the Town , such as providing a ball field in the neighborhood could be accessible to those people , but maybe not in their neighborhood . It would be a joint benefit . Councilman Klein - The Town cannot take the money from a west hill subdivision and use it to build a park on the South Hill , Attorney Barney - The Town has to establish that the money is being used to reasonably benefit the people who provided the funds . A case might be: made in some circumstances that a park in one area of the Town is :serving the people in the rest of the park . Stewart Park serves a great number of people within the County . This issue 29 could be a tenuous thing to prove . Mr . Jonson - The State law says the money set aside must clearly benefit the neighborhood . Councilwoman Grigorov - You can benefit someone else as well , even a 10 % set aside park is a public park that others can use . Mr . Jonson - If you sell these homes you tell the owner you just paid $ 2800 for a park and the Town got the money , they will then come back to the Town and ask for that park . Councilwoman Harrison - Those people should come to the Town and demand that there be parks in the Town . Supervisor Whitcomb closed the public hearing at 7 : 55 p . m . Councilman Ni. klas - The Planning Department did a lengthy survey of the real estate costs in each of the different zoning districts , with the exception of the mobile home district as there are so few sales . The survey produced some excessively small and very high prices , they were removed and a mean figure taken of the remaining values . Those surveys are available so the public can understand where the fees came from . The fees are not arbitrary . Councilwoman Harrison - The question as to whether the fees represent logs which are developed with infrastructure as opposed to the raw land needs to be answered . Mrs . Cornish - Epps - The fees were determined related to lots that had improvements . Supervisor Whitcomb - Whether that is fair needs to be considered , if a developer has invested money and then is being charged 10 % of the money back . Attorney Barney - The study was of sales within the area of large undeveloped acreage and of small lots . Mr . Frantz - The memorandums suggests the sale prices of lots used have been subdivisions . Supervisor Whitcomb - The documentation showing an average price of $ 81 , 000 an acre in a R15 district seems excessive . Mr . Frantz - Research done in previous years has shown the value of raw land in a 40 , 50 , 70 acre tract of buildable lots would cost $ 2500 to $ 4000 per acre in all zones . It is not zoning that appears to matter , but the presence or lack of public water and sewer . Councilwoman Harrison - The Town should be enacting the fees in 30 lieu of park land . There is complicated documentation that tries to look at the sale prices of land and how they relate . Should the COC reinvestigate these ? Councilman Niklas - The Town Board is at a disadvantage because Mr . Kanter is not in attendance and he is the person to answer some of these questions . The Town Board should defer voting on this issue until the next Town Board meeting where there is an opportunity to ask the Town Planner how the numbers were calculated . Councilwoman Harrison - Mr . Kanter needs to address the particular issue of raw versus developed land . It is not clear what it should be if a developer is giving 10 % of their land . The land at some point would no longer be raw land . It may be land which may have a road for access to the public space , it may be land to which water and sewer would now be available . What is the appropriate value to use . Councilman Klein - There is an extensive memorandum from Mr . Kanter that the COC reviewed which should be made available for developers to see . There was a method of drafting this local law in which the Assessor ' s Office was contacted and it was found that a general cross section showed land costing about $ 16 , 000 per acre . Councilman N.iklas - There should be a way to find out how they were established if the prices used were both raw land and developed land . Supervisor Whitcomb - The consideration of this local law will be again addressed at the next Town Board meeting in May . Mr . Jonson - Could information be provided explaining how much it costs the Town to develop a park ? Supervisor Whitcomb - That information can be provided at the May meeting . The Town Board will again discuss this issue at the May meeting , information requested will be provided . Prior to making any decision on this matter the Town Board will hold another public hearing . Mr . Schickel - The impression given is that the Town Board could vote on this issue at the May meeting because this is the official public hearing . Why can ' t the matter be tabled and another public hearing be held ? Councilman N:iklas - If the Town Board is satisfied with the answers received from the Town Planner at the May meeting , the fee schedule could stand as it is . Mr . Schickel - The Board is saying make the data available to the interested developers , you would be giving us additional information not provided before which the developers may not have 31 the right to comment on . Attorney Barney - The Board is saying they are willing to give the developers an opportunity to comment if they choose . Then the Board could make a decision to enact the local law - as drafted . If the Town Board ' s decision is to alter the local law in some fashion , another formal public hearing will be held . The developers do have the opportunity to provide comments to the Board either at the next meeting , or in writing beforehand . Supervisor Whitcomb - The developers have the assurance of this Board , that they will be able to comment on this issue at the May meeting . Mrs . Noteboom - The developers who attended the meeting this evening will be sent copies of the documentation . Agenda Item No . 25 - Conveyance of Land to Waldorf School : Discussion held during executive session . The Town Board instructed a letter be written by Attorney Barney to the interested parties . Attorney Barney - Who owns the historical marker on the land ? Dick Ruswick - The description shows the property line running through the middle of the historical marker . Half the marker is on the Waldorf School property , and half on the property of Mr . Al Becker . Attorney Barney - Is the historical marker on the portion of the property which the Town is being asked to convey ? Mr . Ruswick -- " No , the marker is not on the land to be conveyed . " Agenda Item No . 26 - Illegal Dumping Cleanup Pilot Program : Mr . Noteboom - Tompkins County has allocated $ 1 , 097 to the Town from excess funds for transfer facility permits . The money was divided to the individual Towns by population . The Town would be able to pick up illegally dumped material and dispose of it at the transfer facility using these funds as credit . The Highway / Parks Department will participate in this program since there will be no cost to the Town . Councilwoman Harrison - What does the Town presently do with illegally dumped material ? Mr . Noteboom - The Highway / Parks Department takes it to the transfer facility and pays a fee . This program will only be in effect through 1995 . Tompkins County does not know if they will do something like this in the future , this is a pilot project to see how it will work . The Town is eligible for the money simply by 32 I I picking up the illegal material . The credit charge will be made according to the weight of the material . Councilman Klein - Is garbage looked at to try and find out who has dumped it ? Mr . Noteboom - Tompkins County does have a way of investigating who has dumped the material . Agenda Item No . 27 - Route 96B , MBC Resurfacing Agreement , NYSDOT : Mr . Walker - The Town has some water valves on Route 96B which will need to be raised during a road project by the NYSDOT . NYSDOT is asking that an agreement be made with the Town for them to do the work at no cost to the Town . Resolution No . 74 : Motion made by Councilman Conley , seconded by Councilwoman Grigorov approving the utility agreement for the NYSDOT Capital Project , Number 3600 . 06 , granting the State of New York the authority to perform the adjustment for the Town , and the Town agrees to maintain the facilities adjusted via State let contract . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 28 - Water and Sewer Benefit Assessment Refund : Resolution No . 75 : Motion made by Councilman Conley , seconded by Councilman Niklas authorizing a refund of benefit charge tin the amount of $ 100 . 44 , ( $ 49 . 60 water , $ 50 . 84 sewer ) be paid to Dorothy Everett , 1317 Hanshaw Road , Ithaca , New York , Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 29 - Conservation Board , Associate Member : Attorney Barney - The Board should consider the policy and implications of associate members of the Conservation Board , Councilwoman Grigorov - Is there a legal prohibition from being something other than a full member . Supervisor Whitcomb - The Conservation Board cannot have more than nine members . In the past , when there were more than nine persons interested they were appointed as associate members so they could participate in the discussions . They had no voting power and upon a vacancy they would be appointed to the Board . 33 There presently is not a full contingent of members on the Conservation Board . One member did resign and now wishes to continue to as an associate member , she does not feel she has the time or energy to fulfill the obligation as a regular member . Councilwoman Grigorov - Is there a problem with someone being a member of the Planning Board and being associated in this way with the Conservation Board . Attorney Barney - " No " . Supervisor Whitcomb - If associate members are appointed on one Board , is the Town providing a means to have associate member appointments to every Board . Councilwoman Harrison - Anon regulatory board is a different type . The Conservation Board does not have regulatory powers . Attorney Barney - They do not have regulatory powers , but they do have statutory power to make recommendations to other Boards . The Town has adopted a statute that says there will be a nine member Conservation Board , now the Town is being asked to appoint , in essence , a tenth member . Councilman Niklas - Don ' t have a title , don ' t make the appointment official . If the individual is willing to do the work and participate in the discussion and doesn ' t mind not voting ; have the her be a " friend of the board " . Attorney Barney - The Conservation Board meetings are public meetings which anyone may attend and participate to the extent the board permits them to . Mrs . Cornish- Epps - The individual stepped down because she knew she could not attend all the meetings . She did not wish to be a full member because she wanted to make sure the board would have a quorum to conduct business . She does wish to be involved . There was also some question whether an associate member you was entitled to attend seminars and conferences at the expense of the Town . Supervisor Whitcomb - This individual is also on the Planning Board and could attend those conferences in that capacity . Mr . Frantz - As an associate member she would be between the general public sitting in the audience and the members of the board , so that the Board could use her expertise on an issue without having to open the discussion to the general public . Councilman Niklas - The opinion of this individual could be heard at other times , as anyone else . Agenda Item No . 30 - Approval Planning Board Resolution Amending 34 Subdivision Regulations to Provide for Extinguishment of Subdivision Approval of Abandoned Subdivisions : Councilwoman Harrison - The ten year limit seems to be very long for this action , however the Town Board ' s roll is to confer with what the Planning Board has done . They have discussed the issue at length and provided minutes of those discussions to the Town Board , The Town Board should follow the Planning Board ' s lead and adopt a resolution of approval . Councilman Niklas - The issue was first discussed by COC and then was referred to the Planning Board . The substantive change was in response to the ten year limit being tied into the Health Department ' s request . Councilwoman Harrison - " I may not agree with it , and was concerned about existing subdivisions having ten more years . That was discussed and it does not seem appropriate for the Town Board to second guess the Planning Board " . Supervisor Whitcomb - The Planning Board made the best decision possible under the circumstances . It may not be exactly what the Town Board wishes , but it is fair and is much better than some time frames suggested . Resolution No . 76 : Motion made by Councilwoman Harrison , seconded by Councilman Niklas that the Town Board of the Town of Ithaca hereby approves the amendments to the subdivision regulations providing for the extinguishment of subdivision approval under certain circumstances as adopted by the Planning Board on March 21 , 1995 , Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 31 - Approval of Planning Board Resolution Amending Subdivision Regulations Modifying the Provision of Park Land Reservations and Payment In Lieu of Same : Attorney Barney - This can be considered by the Town Board because the Planning Board dealt only with the issue of authorizing the set aside and authorizing payment of fees in lieu of without setting any amounts . Resolution No , 77 : Motion made by Councilman Niklas , seconded by Councilman Conley that the Town Board of the Town of Ithaca does hereby approve the amendment to the subdivision regulations by the Town Planning Board relating to the provision of park land and payment of funds in lieu of the provision of same as adopted by the Planning Board . 35 Attorney Barney - The resolution says the Town Board approves the Planning Board amendments adopted by them on March 21 , where they enacted some regulations related to the reservation of park land . Some of the subdivision regulations were updated to comply with recent court cases . Councilman Niklas - Adoption of this resolution would not be approval of the fee schedule to be readdressed at the May meeting . Motion called : Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 32 - Process for Land Protection Eastern Heights Park Area : Supervisor Whitcomb - The Board had decided they would conduct a site visit to the area , and have the wetlands issue investigated . A site visit will be made by announcement of a special meeting before the regular meeting in May . Agenda Item Additional No . 1 - Appointment Temporary Part - time Zoning Board of Appeals Recording Secretary : Mr . Frost - The previous Zoning Board of Appeals Recording Secretary was consistently behind in preparing the minutes for months at a time . The proposal is to hire a temporary part - time secretary to bring the minutes up to date . The new secretary did prepare two months of minutes within two weeks . Resolution No . 78 : Motion made by Councilman Niklas , seconded by Councilman Conley ratifying the temporary appointment of Debbie R . Raines to the position of part - time recording secretary to the Zoning Board of Appeals , for a period of ninety days , retroactive to March 20 , 1995 . Payment is a flat sum of $ 65 . 00 per meeting for minutes produced , charged to account B8010 . 100 . Benefits are limited to the temporary , part - time status of this position . Supervisor 1hitcomb - There has been some discussion about appointing a Minute Secretary . The Records Management Officer who has authority over all the minutes of the Town has been working on that possibility . Was there any discussion held about records management and how this position fits into the long term plans of the Town for a minute secretary ? Mr . Frost - There is a possibility this position could be tied into that , there have been no conclusive discussions as to how this position would fit in . Supervisor Whitcomb - How long is it anticipated this recording secretary will be needed to complete the unfinished minutes , and then what is being considered ? 36 Mr . Frost - The recording secretary should have the minutes up to date within a month . Then the position could be reevaluated depending on. discussions of a minute secretary for all Boards . Until it is determined what will be done the ZBA meetings will be taped at the meetings , and those tapes will be transcribed into minutes by the temporary recording secretary . Mrs . Noteboom - Is this recording secretary transcribing these minutes on premises , or off premises , in the Town or out of the Town ? Are we providing the equipment to do this ? Mr . Frost - " Off premises , out of Town with her own compatible equipment . The Town provides the tape recording machine . This individual is the sister of Dani Holford , Department Secretary . " Mrs . Noteboom - It is somewhat bothersome that the only tape of the minutes is not in the Town . Mr . Noteboom - That arrangement is no different than the arrangement with the permanent secretary who has left . Councilman N4iklas - A sign out system could be developed so that the whereabouts of the tapes are known . The chances of losing the tape or damacring the tape are just as likely to happen in the Town as outside the Town . Mrs . Noteboom - " The point is , that I was not consulted about hiring this individual , and I feel that since we were in the process of possibly changing the system for minute taking , and since minute; are technically under my jurisdiction . . . " Attorney Barney - " That is not clear , not the Zoning Board of Appeals minutes " . Mrs . Noteboom - " The Freedom of Information Law . . . " Attorney Barney " The Freedom of Information Law regarding producing the minutes is , but taking of the minutes is by authorization of the Zoning Board of Appeals " . Mrs . Noteboom - " I understand that the taking of the minutes is not under my jurisdiction , only the time frame of when they are produced " . Supervisor Whitcomb - Mr . Frost needs to have this individual appointed in order that the minutes can be brought up to date . It is suggested that the Town Clerk and the Building / Zoning Officer work together to establish a method where the tapes are protected to the fullest extent possible , that should be the case when any minute tapes leave Town Hall a copy should be left here . Councilman Nik: las - Is there a possibility this part - time position 37 could evolve into a full time minute secretary . Mrs . Noteboom - That is a real concept which is being considered . Motion called : Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item Additional No . 2 - Appointment Temporary Engineering Technician : Mr . Walker - The Town hired a graduate of Civil Engineering for a three month period this winter . This individual had worked for the Highway / Parks Department last summer . The young man is working out very well . There is still work for him to do within the Engineering Department , and funding is still available to extend his employment until June 16 . Supervisor Whitcomb - What would happen after June 16 ? Mr . Walker - The Engineering Department is going to hire a full time engineering technician as a result of a commitment during the budget process . Half of the salary for that position was negotiated out of the Engineering budget when Wayne Sincebaugh was appointed to his new position . It is hoped the engineering technician position can be filled in June or July . This temporary employee has expressed an interest in working for the Town at least a year in that position . The Town would be getting a real bargain because of his qualifications . The civil service process needs to worked out before finalization of this proposal . Resolution No . 79 : Motion made by Councilman Conley , seconded by Councilman Niklas appointing Charles White to the position of full - time , temporary Engineering Technician for the period April 11 , 1995 , through June 16 , 1995 , for a total of 65 days , at an hourly salary of $ 9 . 00 per hour . Account DB5112 . 100 will be charged . Benefits are limited to the temporary status of this position . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Agenda Item No . 3 - Executive Session Continued : Motion made b;y Councilman Niklas , seconded by Councilman Conley to move into executive session to discuss personnel issues . Carried unanimously . The Town Board moved into executive session at 8 : 34 p . m . Motion made by Councilman Niklas , seconded by Councilman Conley to resume regular session . Carried unanimously . The Town Board resumed regular session at 9 : 16 p . m . As a result of the executive 38 session the following resolutions were adopted . Resolution No . 64 : Motion made by Councilman Niklas , seconded by Councilman Conley approving the termination of employment of Yolanda McLaughlin , Secretary to the Board of Zoning Appeals ; and Sandy Newton , part - time Secretary to the Personnel / Insurance Department effective immediately . Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley aye . Motion carried unanimously . Adjournment : As there was no further business to come before the Town Board , a motion was made by Councilman Niklas and seconded by Councilman Conley to adjourn . Carried unanimously . The Supervisor adjourned the meeting at 9 : 20 p . m . Respectfully submitted , Joan Lent Noteboom Town Clerk * * * Next Regular Meeting - May 81 1995 . 39 OF 1 Tv a TOWN OF ITHACA ,�,� 21 044 126 EAST SENECA STREET , ITHACA , N . Y . 14850 WN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273 - 1704 _ Agenda 4a . SUPERVISOR ' S REPORT , April 10 , 1995 March 1995 was a rather quiet month , comparatively speaking . I attended several intermunicipal meetings , met with concerned residents , and participated in the opening ceremonies of the Special Olympics at Ithaca College . My new schedule of one full day each week in Town Hall with standing appointments with department heads is working quite well . It allows each department head to be able to count on and prepare for specific time with the Supervisor . The full day in the building also enhances continuity and allows me to focus on Town tasks without the distraction of having to rush off to some appointment at Cornell . I was able to meet with Justice Wallenbeck at his home to present him with the resolution and plaque expressing the Town ' s gratitude for his many years of service . Justice and Mrs . Wallenbeck were deeply moved and asked me to convey their heart felt appreciation to the Board for its support . Sadly , the Justice ' s health continues to deteriorate . All department= s and committees have been quite productive , as their reports will indicate . As the list of potential new Town Hall sites is narrowed , anticipation is growing and staff morale is beginning to :improve . The Spring 1995 newsletter has been mailed . My appreciation to all who assisted with this project . The newsletter is an important tool for conveying information to residents but represents an enormous amount of work for those who write , edit , and prepare each mailing . � y Town Engineer ' s Report for 4 / 10 / 95 Town Board Meeting DEVELOPMENT REVIEW The Engineering Staff has been reviewing compliance on the following projects that have received Planning Board approval and are under construction : Saponi Meadows Subdivision , Seven Mile Drive The first phase water and sewer mains have been installed and receipt of test results and as built drawings is pending . Work on the road will resume when weather permits . NYSEG has begun ir.Lstallation of underground gas service . Sanctuary Woods Subdivision , Sapsucker Woods Road Record drawings and engineering certification by the developers engineer are required prior to recommendation of acceptance of utilities . The road bed has been cleared and stripped. of topsoil and actual construction of the road will start when the weather conditions permit . Construction has not been. restarted after winter shut down at this time . No portion of the road has received approval be the Town Engineer or Highway Superintendent . WATER & SEWER The Westhaven Road and Mecklenberg Road sewer extension is substantially complete . The flow monitoring station has been installed and the instrumentation is scheduled for start up the first week of April . The Contractor will be on site to begin restoration work as soon as weather permits . The Troy Road and Coddington Road water extension project is substantially complete . The Tompkins County Department of Health has given final approval and permits for connection by residents have been authorized . Final restoration will be completed as soon as weather permits . The Town Engineer has continued to work with the City DPW on a plan for improving the sewage transmission capacity that is jointly used . The Joint Sewer agreement is under revision by a sub - committee of the SJS regarding plant capacity and transmission sewer improvements and maintenance responsibility . One component of an improved sewer system is being incorporated in the NYSDOT project for improvements on the Meadow Street and Fulton Street . The final plans are being completed and I will report to the Town Board as soon as plans and cost estimates are available . PEREGRINE HOLLOW SEWER DISTRICT The Town Engineer has begun an evaluation of the Slaterville Road sewer system to determine available capacity and improvements needed for the proposed Dryden sewer district . This information will be used in the preparation of an agreement to allow the Town of Dryden to transport sewage through Town of Ithaca sewer lines . My recommendation will be to have the costs of improvements required for the Dryden usage paid for by Dryden and a maintenance surcharge to Dryden will also be set up . At the present time the extension of service to Peregrine Hollow has not been approved by the SJS and I do not believe that the sewer district has state approval . Dryden has requested a purchase of additional capacity in the IAWWTP for this sewer expansion . FACILITIES The Town Engineer has continued to work with the Town Clerk , the Highway Superintendent and the Parks Manager on a facilities improvement plan , which includes the Town Hall facilities and the Highway and Parks department needs . The Town Hall space analysis has been completed and a final site selection process is under way . ITHACANET The Town Engineer represented the Town of Ithaca at a seminar on April 1 , 1995 sponsered by IthacaNet which is in the process of developing a networking system for Tompkins County . Currently the City of Ithaca , Tompkins County and the Town of Lansing have information on the Network and I think that there may be benefitsfor the Town to also participate . There are currently several opportunities for the Town to have access to the Internet through Cooperative Extension and other NYS programs . C : \MEMOS \ ERPT9503 . REP Agenda Item 4c HIGHWAY SUPERINTENDENT ' S MONTHLY BOARD REPORT TOWN OF ITHACA BOARD MEETING , APRIL 10 1995 Conservation Board Participation Thy Highway / Parks Department is going to make a short presentation to the Conservation Board during their April 20 `h meeting . our goal is to open lines of communications with the Conservation Board so that we may more adequately be able to address the needs of the Highway / Parks Department and the role that we play in maintaining the infrastructure of the Town . We would like to reduce the adversarial relationships that seem to develop between the various components of the Town . For Example : On Elm Street Ext . there is a need to reinforce our road because it is slipping into the Gulf . This is clearly a very sensitive area . I feel we can start talking now and get everyone ' s input as we develop our plans , we should have a better plan that has a chance of meeting everyone ' s needs . There are many areas around Town that we need this cooperation from our citizens . The only way to afford ourselves of this cooperation is to go to them and ask for it . We are here to serve the people and do a responsible job in a cost effective manner . Summer Work / Paving Schedule The Town of Ithaca Highway / Parks Department ' s paving schedule for this year is on Judd malls Road from Tower Road to Forest Home Drive . Judd Falls Road will be completely rebuilt installing a much improved base , drain-age system , and curb section . This section of Judd Falls road will be easier to maintain having a longer life expectancy and will provide a safer environment for the heavy traffic that uses this area . This project is being bid out and is our paving for 1995 . The other areas that we will be addressing this summer season along with our regular maintenance of our Highways and Parks system will include resurfacing and drainage . Northview Park has a drainage problem that we will be correcting . This work will make it easier and more cost effective to maintain this park . The East Hill Recreation Way has been in need of regrading . This will improve the drainage on this trail increasing its life expectancy . Road work will include cleaning ditches in many areas of the Town concentrating on the roads that we will be resurfacing . We will also be changing worn out culvert pipes that are under these roads . Our work plan also includes improving the drainage in some areas such as Ridgecrest Road to alleviate problems during heavy storm events . We have an ambition work plan for this summer season along with all our normal maintenance . A team effort and no large emergencies will enable us to accomplish all that we have planned . crhk Agenda Item 4C HIGHWAY CREW SUPERVISOR ' S REPORT The snowy season , what we had of it , is winding down now . During March , we worked a total of 215 . 5 hours keeping the highways clear of snow and ice . Of those hours , 71 . 5 were overtime . We used a total of 132 tons of salt . In March the Highway crews salted the South Hill and West Hill Fire Stations three times each and plowed them once . Between January 1 , 1995 , and March 31 , 1995 , the crews salted the South Hill Fire Station 22 times and plowed it 4 times . During that same time period , the West Hill Fire Station was salted 20 times and plowed 4 times . The bulk of work hours during March were spent on General Repairs . Because of the relatively warmer and drier weather , the crews were able to continue clearing ditches at various locations , work around the Highway facility , rebuild a shoulder machine , haul materials , along with attendance at various trainings and seminars . These projects used. 1 , 007 . 5 hours of time . During March , the Department spent 176 hours repairing and servicing machinery , 34 hours in sign maintenance ; and 16 ours iii sewer maintenance . The Highway Department continues to work at Christopher Circle Water tank site to ready it for the new fencing and better drainage . This consumed 47 . 5 hours this month . The Christopher Circle Water tank site project is slated to completed by June 1 , 1995 . Also during March , the Highway crews started work on repairing water values throughout the Town . We are currently working in the West Hill area . There was also a water line break which accounts for the 14 . 25 hours of over time . The total amount of time spent on Water Maintenance is 119 . 25 hours , including overtime . April Proms_ 1 . Brush and. leaf pick - up starting April 17 , 1995 , 2 . Ready roads for oil and stone - - hot patching and ditching 30 Christopher Circle Water Tank site work . ghk Agenda Item 4c PARKS AND OPEN SPACE MANAGER ' S REPORT 1 . Minor snowfall early in the month , requiring only 25 hours for removal , was a welcomed relief . 2 . The mild , dry weather allowed us to get started ahead of schedule on lawn restoration work resulting from water breaks , hydrant replacements , snow plow damage , Hopkins Road reconstruction and some park - related projects . Parks staff spent 77 hours thus far on these jobs . 3 . With the assistance of highway ' s backhoe , gabions were installed along South Hill Trail at the site of a culvert pipe crossing where the old concrete headwalls failed and had plugged the pipe . A total of 31 hours of Park ' s time was spent completing this job . 4 . Our blUE� bird nesting box project was expanded with the building and installation of an additional 40 boxes at various park , trail and water tank sites . The work totalled 48 hours during March . 5 . Various workshop projects , totalling 94 hours ., were continued during the month . Among items constructed were three map boxes foe- various entrances to South Hill Trail to distribute site maps of the Trail to its users and six park benches to be installed along South Hill Trail this spring . Both of these amenities are being provided as a direct result of suggestions offered by numerous trail users . 6 . Routine maintenance tasks and attendance at two seminars totalled 338 hours . April Parks Protects 1 . Complete lawn restorations . 2 . Brush and. leaf pick - up starting April 17 . 3 . Spring clean - ups at all park and trail sites . 4 . Upgrade driveways at Coddington Road and Troy Road pump stations . 5 . Install benches at South Hill Trail . 6 . Begin renovations at new storage barn and finish grading site and reseed lawn . ghk Agenda Item #4d Town Planner' s Report for April 10 1995 Town Board Meeting DEVELOPMENT REVIEW Planning staff has been working on the following projects under Planning Board review jurisdiction: First Residents Group at EcoVillage, Mecklenburg Road The First Residents' Group appeared before the Planning Board at the April 4th, 1995 meeting for a Public Hearing on preliminary subdivision and site plan approval . The Board granted preliminary subdivision approval and tabled a decision on preliminary site plan approval until the April 18th meeting, pending discussion of additional items needed or conditions that would have to be incorporated into preliminary site plan approval . Candlelight Park Subdivision, Mecklenburg Road Sketch plan for approximately 150 lots was considered by Planning Board at 414195 meeting. Lots are proposed as conventional subdivision. Cluster may be recommended by Planning board . Issues include park and open space, wetlands, stream corridors, roads, access, traffic and public transit. A site visit is being set up for Board members . Leonardo Subdivision, Danby Road Resubdivis :ion to modify previously approved lots received preliminary approval at: 4 /4/ 95 Planning Board meeting. Involves realignment of Sesame Street (exisiing Town road) and Allison Street (proposed Town road) . Also sketch plan for future development of remaining land of Clara Leonardo adjoining Buttermilk Falls State Park was discussed . Classen Home Health Assoc., Trumansburg Road Site plan approval (preliminary and final) was granted at 3 / 21 / 95 Planning Board meeting for use of former doctor's office in residential zone as administrative offices . Also included recommendation for sign variance to ZBA. Big Al' s Hilltop Q.iikstop, Danby Road Recommendation on sign variances was approved by Planning Board at 3 / 21 /95 meeting. Also discussed sketch plan for additional parking and other possible future site modifications at gas station / convenience store. ZONING BOARD SEOR REVIEWS Staff completed the following SEQR reviews for the Zoning Board : - Lillian W]uffen-Kelly, 1478 Mecklenburg Road - Modification of previously granted use and height variances to permit conversion of barn for occupancy by non-resident artist. Andrew Herrala, 201 Sheffield Road - Variance to add deck to rear of existing single-family house. Michael Herzing, 1103 Danby Road - Sign variances to allow numerous existing signs to remain at Big Al' s Hilltop Quikstop . Patricia Classen, 1212 Trumansburg Road - Sign variance to permit a free- standing sign with a total sign area of 16 .5 sq. ft. (maximum 4 sq. ft. permitted in residential districts) , in association with Classen Home Health Associates administrative offices . (Proposed sign is now 9 sq. ft. after meeting with Planning Board . ) CURRENT PLANNING DEPARTMENT PROTECTS Planning Department staff is working on the following projects : Environmental Atlas : Staff attended several meetings with other agencies to coordinate GIS resources and data . Corrected Unique Natural Areas base map that had been done previously. Now working on wetlands mapping. Conservation District: Town Attorney provided comments on draft Conservation District at 4/3 Planning Committee meeting. Will result in additional revisions. A public meeting with area residents will be scheduled (tentatively May 15th) . Fees in Lieu of Parkland : The Planning Board considered three pieces of legislation relating to fees in lieu of parkland at their March 21st meeting (one subdivision reg. amendment and two local laws) and has recommended that the Town Board adopt all three at the 4 / 11) Town Board Public Hearing. There were comments at the Planning Board Hearing in opposition to the proposed fee amounts. Included in the Town Board packet: are materials that were prepared by staff to analyze land values in the town to provide a basis for the fee amounts . Sunset Provisions for Subdivision Approvals: The Planning Board approved a revised Subdivision Regulation amendment at the 3 /21 meeting. The amendment provides a 2 10 year timefrarne after which approvals for abandoned subdivisions would be extinguished. Sunset Provision for Preliminary Site Plans : At their 3 / 21 meeting, the Planning Board considered'. a proposed amendment to the Zoning Ordinance to provide for expiration of preliminary site plans if a final plan has not been submitted to the Planning Board within 18 months from the date of preliminary approval . The Planning Board has recommended that the Town Board adopt this local law at the 4 / 10 Public Hearing. Analysis of MR , Commercial , Industrial and Special Land Use Districts : At the request of the Totem Board, the Codes and Ordinances Committee has begun an analysis of the above-referenced zoning districts where no development has occurred . Specific parcels are in the process of being identified with relevant information on ownership, acreage, development potential, surrounding zoning, etc. The purpose of the analysis will be to identify whether rezonings of any of those properties would be appropriate . The COC will continue consideration of this matter at their 4 / 5 meeting . Ithaca-Tompkins C'. ounty Transportation Council (ITCTC ) : Staff has been attending meetings dealing with Route 96 / Octopus Project mitigation . The option of park- and- ride lots along Route 96, Route 89 and Route 13 are being considered to reduce the number of vehicles at the Octopus during peak hours . The Town Board may be asked soon to consider participating in the establishment of one or more lots . This could be discussed at the May Board meeting. Parks , Recreation and Open Space Plan Update : Staff continues to meet with the Parks and Greenway Committee of the Conservation Board on this project. Four chapters, "Goals and Objectives ", "Inventory", "Analysis " and 'Recommendations " have been completed in draft and circulated to the Parks and Greenway Committee for comment. One remaining chapter on financial considerations and proposed capital improvement plan is underway, and should be completed soon. Also working on revisions to earlier chapters . It is anticipated that a full draft will be presented to the Conservation Board at their May 4th meeting, after which a citizen group would be set up to review and provide individual comments on the draft plan. At that point, it would also be sent to the Planning Board, Planning Committee and Public Works Committee for recommendations . Cornell GEIS / SLUL) : Staff has assisted the special Town Board committee in reviewing the GEIS Findings and proposed Special Land Use District (SLUD) for Cornell's Precinct 7.. Committee met with Cornell representatives and will meet again over the next week to discuss proposed revisions to the SLUD and Supplemental Findings. In addition, the Committee and Cornell have discussed the possibility of establishing a Transportation Committee to follow up on recommended mitigating measures and other transportation related issues . 3 . Affordable Housing Proposal , DeHarder Investment Corp.: Following the March 13th Town Board discussion of the DeHarder proposals, staff prepared a letter of response for the Town Board, which was revised and approved at the Special Town Board meeting on 3 /22., and sent to DeHarder. Inlet Vallev Parkland: A meeting was held on March 16th between Town and City officials to discuss possible acquisition of parcels that had been previously advertised for auction by the County. It was agreed that both the City and Town were interested in these parcels being placed in public ownership . The City agreed that it would conduct a. Phase I environmental assessment for the parcels in May. Tompkins County Airport Master Plan Update: Town Planner has been attending meetings of the Tompkins County Airport Master Plan Local Government Committee. Work has focused on preparing an updated land use map of areas surrounding the Airport and an analysis of anticipated / planned development in the area . Filename: 1staff\jon\ tprepapr.mem 4 TO WY QC Pr XJA.CA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF MARCH 1995 YEAR TO DATE PIE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1995 0 0 0 0 RESIDENCES 1994 0 0 0 0 SINGLE FAMILY DETACHED 1995 2 1809000 8 5357000 RESIDENCES 1994 2 359,000 3 459,000 1995 0 0 0 0 TWO FAMILY RESIDENCES 1994 0 0 0 0 1995 2 120,000 5 158, 100 RENOVATIONS 1994 2 64700 7 1739721 1995 0 0 1 28,364 CONVERSIONS OF USE 1994 2 48,850 2 48,850 1995 1 89000 4 66,500 ADDITIONS TO FOOTPRINT 1994 1 117000 2 27,000 1995 0 0 0 0 MULTIPLE RESIDENCES 1994 0 0 0 0 1 Add animal kennell business to single family 2,500 1 Alter medical of5m 35,000 1995 2 37,500 2 37,500 P- "Z NESS 1994 5 114,630 7 211,072 1995 0 0 0 0 CULTURAL 1994 0 0 0 0 1995 0 0 0 0 INDUSTRIAL 1994 0 0 0 0 1995 0 0 3 2767596 EDUCATIONAL 1994 1 100,000 1 1009000 MISCELLANEOUS 1 Demolish 8t relocate barn 100 1 Repair ceiling 59000 1 Mobile home 309000 1 Deck addition 800 1995 4 35,900 8 74,2W CONSTRUCTION 1994 2 2,500 4 181500 TOTAL NUMBER OF 1995 11 381,400 29 171767260 PERMITS ISSUED 1994 14 6879680 26 17038,143 TOTAL FEES 1995 11 720 29 2,585 RECEIVED 1994 14 1,655 26 2,505 Date Prepared: April 5, 1995 Dani L. Holford Building/Zoning Department Secretary TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH — 13 1 . 119 Forest Home Drive — 52 square foot kitchen addition. 2. 55 Judd Falls Road — renovation of suite IOD, East Hill Plaza, Purchasing Department. 3. 150 Whitetail Drive — new single — family dwelling. J 107 Salem Drive — deck addition. 79 Warren Road — dry good:; storage room. rnell Orchards — library annex roof replacement. 7 15 Woolf Lane — 12' x 16' dining room. 8. OS Bostwick Road — new single — family dwelling, - 9. 1251 Trumansburg Road — conversion of school building into mixed occupancies (temporary). 10. 274 Hayts Road — add animal kennel] business to a single — family dwelling. 11 . East Hill Plaza — Cornell Controller's office — storage closet. 12. '1? 1 Sand Bank Road — new single — family dwelling. 13. 8 Saunders Road — new single: — family dwelling. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1995 — 37 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1994 — 18 COMPLAINTS INVESTIGATED THIS MONTH — 6 1 . 1053 Danby Road — property maintenance — abated. 2. Palm Road — Cornell bookstore warehouse — building without a building permit — abated. 3. 108 Ridgecrest Road — building without a building permit — pending. 4. 106 Ridgecrest Road — property maintenance — abated . 5. 1502 Slaterville Road — building code — no violation found. 6. 251 Culver Road — building code — pending. From February 1995 : 1. 845 Taughannock Boulevard — building code — abated. 2. 145 Westview Lane — building code — pending. 3. Danby Road ( Ithaca College ) -- building code — abated. From January 1995 : 1 122 East Shore Drive — property maintenance — pending. Z. J?1 Danby Road, #7C — property maintenance & occupancy — pending. 3 DuBois Road — building code — pending. December 1994: 1 . ..6 Honness Lane — building code, illegal apartment — abated. 2. 699 Coddington Road — building code, illegal apartment — pending. From November 1994: 1. Big Al's Hilltop Quikstop, 1103 ]Danby Road — sign violations — pending. 2. Various Cayuga Vista properties, — occupancy — pending. 3. 1212 Trumansburg Road — ZBA conditions violated and signage — pending. From August 1994: 1. 975 Taughannock Boulevard — occupancy — 7/31195 deadline set by ZBA. From Mav 1994: 1. 5 Sandra Place — building without building permit — pending. From March 1994: 1. 132 Forest Home Drive — building code — pending. From January 1994: 1. 614 Elmira Road — building code; — pending, state variance applied for. From November 1993 : 1. 130 Simsbury Drive — building code — pending. From February 1993: 1. 155 Poole Road — ZBA conditions violated — pending. From June 1990: 1. Various Sapsucker Woods properties — occupancy — pending. From Mav 1990: It Buttermilk Falls Road — building code — legal action being taken. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1995 — 21 TOTAL COMPLAINTS INVESTIGATED YEAR TO D_ ATE, 1994 — 20 TOTAL FIELD VISIT'S THIS MONTH — 84 Uniform Building Code — 62 I 1 Law and Zoning Inspections — 12 ety — 6 ( 1 hotel, 2 multiple residences [6 units], 1 restaurant, 1 church, 1 business) jffWety Remspections — 3 (2 bed and breakfasts, 1 day care) Occurrences — 1 (electric — residential) Fire Occurrence Reinspections — 0 TOTAL FIELD VISITS YEAR TO DATE, 1995 — 226 TOTAL FIELD VISITS YEAR TO DATE, 1994 — 284 TOTAL .SIGN PERMITS THIS MONTH — ( 1 First Assembly of God, 1 Ariohm, 4 Marine Midland) — 6 TOTAL SIGN PERMITS YEAR TO DATE, 1995 — 6 TOTAL SIGN PERMITS YEAR TO DATE, 1994 — 2 ZONING BOARD OF APPEALS 1 Ml=_ETING — 5 NEW CASES — AGENDA ATTACHED I % Jnll yi y1L1LZ'1%-I1 wn .LtTy 0%JfUUJ Ur hrrrt 1 NOTICE OF PUBLIC HEARD4GS WEDNESDAY , MARCH 8 , 1995 7 : 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , March 8 , 1995 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side: ) . Ithaca , N . Y . , COMtTIENCING AT 7 : 00 P . M . , on -the following matters : Appeal of Zetta Ruff Sprole , Appellant , requesting a variance from the requirements of Article IV , Section 11 of the Tot•m of Ithaca Zoning Ordinance , to permit the operation of a Bed and Breakfast knoim as " The Hound and Hare " with a maximum of four lodgers , to be located in a single - family residence at 1031 Hanshaw Road , Town of Ithaca Tax Parcel C/--� Not 71 - 7 - 5 , Residence District R - 15 , The Appellant was granted a 5 year time - limited variance on January 3 , 1990 which has now expired . Apuea1 of Susan and Harold Mist , D . B . A . Mix Trucking , Appellants , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to renovate a non - conforming business at 805 Mitchell 4 Street , Town of Ithaca Tax Parcel No , 59 - 1 - 1 , Residence District R - 9 . The renovation airimarily involves only the existing building and does not include enlarging the business y( operation , Said business is non- conforming since R- 9 zones permit only residential uses LJ with limited associated home occupations . Appeal of Ronald Schassburger , Appellant , requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a single - family residence with a building height of 33 ± feet ( maximum 30 feet allowed ) at 798 Elm Street Extension , Town of Ithaca Tax Parcel No . 28 - 1 - 30 , Residence District R- 30 . Appeal of Nancy Given , Appellant , requesting a variance from the requirements of Article XI , Section 51 and Article V , Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280A of New York State and Town Law , to be permitted to maintain a single - family residence and animal kennel on a property that does not front on a town , county , or state highway , located at 274 Hayts Road , Town of Ithaca Tax Parcel No . 24 - 1 - 34 . 1 and Portion of 24 - 1 - 34 . 41 Agricultural District ( Residence District R-• 30 regulations also ( 5apply ) . A 60 foot wide right- of- way will provide access to the property . The Appellant will be subdividing and transferring ownership of the parcels of land . APPEAL of Patricia C' lassen , D . B . A . Classen Home Health Associates , Inc . , Appellant , requesting a variance: from the requirements of Section 4 . 01 - 1 of the Town of Ithaca Sign Law to be permitted to place a free - standing sign reading " Classen Home Health Associates , Inc . " with a total sign area of 16 . 5 square feet ( maximum 4 square feet allowed ) at 1212 Trurnansburg Road , Town of Ithaca Tax Parcel No . 26 - 3 - 8 . 2 , Residence District R- 15 . Said Zoning Board of Appeals will at said time 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273 - 1783 Dated : February 27 , 1995 Publish : March 3 , 1995 0 0 o o � b � � z� � Z o 4 pow W ro tA z p opApo z h oC d z tJ N A A > d z 8 00000 C 8 � 0 W Z00 pro 0 o Z ►:7 �o N 8 p 8 8 8 8 r y LIJ h .ti0 � .QOM C r oo � d � a z y Q ONO z 8 888 z b � � tz � z o 000 z 8 0 8 888 0 n� w � 00 H c o o N 8 8 Agenda Item No . 4f , Town Clerk / Receiver of Taxes Monthly Report - March 1995 Records Management : Preparations are underway for indexing of the Town Board , Planning Board , and Zoning Board of Appeals minutes through the SARA grant . A temporary receptionist will be hired with grant funds so the Deputy Town Clerk ' s may train and learn the Word Perfect 6 . 0 Indexing System . The original minutes of the three Boards are being placed in acid free folders and containers to provide easier access for indexing , as well as for microfilming in the future . Suzanne Etherington helped to review Bonds and Budget notes eligible for disposition under SARA . These documents will be shredded according to SARA ' s requirements with both the Town Clerk and Assistant. Budget Officer in attendance upon approval by the Town Board . Town Clerk : Preparation for two Town Board meetings , and three staff meetings took a great deal of time during March . The Town Clerk attended several meetings regarding personnel matters , and the new Town Hall . Several days were utilized in reorganizing the files in the Town Supervisor ' s office . The Newsletter was prepared by the Town Supervisor and Deputy Clerk , Betty Poole . It was sent out on April 3rd . The survey to determine the method of transportation used by individuals coming to the Town Hall resulted in the following : Method Number :Personal Vehicle 131 ;Public Transportation - 0 - Walking 12 Taxi - 0 - Other - Bicycle 1 Tax Collection : Betty Poole , Deputy Receiver has prepared estimates of expenses which would be incurred by the Town if the Solid Waste Fee were added to the tax bill , ( see attached ) . As far as we know , Tompkins County has still not set a date for a meeting to discuss this issue . ✓v Joan Lent Noteboom Town Clerk / Receiver of Taxes TOWN CLERK ' S MONTHLY REPORT 'laenda # 4f TOWN OF _ . .. -. IChaCa _ , NEW YORK ( Month) March _ 1995 TO THE SUPERVISOR: Pursuant to Section 27 , Subd . 1 , of the Town Law. I hereby make the following statement of all lees and moneys received by me in Connection with my office. during the month above staled , excepting only such fees and moneys the application and payment of which are otherwise provided for by law: NUMBER OF LICENSES SOLD OR ISSUED LICENSE CATEGORY COMMISSION COMMISSION FREE VOID TOTAL USED SPORTSMAN FISHING - SEASON HUNTING (SMALL GAME ) BIG GAME (DEER 6 BEAR ) TRAPPING JUNIOR ARCHERY ( 14 - 15 YEARS) FISHING - 3 DAY JUNIOR TRAPPING (UNDER 16 YEARSI SENIOR (65 MILITARY DISABILITY) NON • RESIDENT BIG GAME IOEER 6 BEAR ) NON • RESIDENT HUNTING SEASON ( SMALL GAME ) NON - RESIDENT FISHING - SEASON NON - RESIDENT HUNTING - 5 DAY SMALL GAME NON • RESIDENT FISHING - 5 DAY BOWHUNTING ( BIG GAME LICENSE REQUIRED) MUZZLELOADING ( BIG GAME LICENSE REQUIRED) JUNIOR HUNTING ( 12 . 15 YEARS) LOST LICENSE CERTIFICATE TOTAL SOLD 3 1XXXXXXXXXXXXXXXXXXXXX FEES TO TOWN COMMISSION P C* S XXXXXXXXXX ADO • TOTAL COMMISSION 0 E2 IS 3 . 00 COMMISSIONS S 00 4 - . _ .. Marriage Licenses No . . - . . . 4 to No - 7 - @ _ _ 8 . 75— $ 35 . 00 Marriage Certllicatcs @ _ _ L . . _ Marriage Transcripts @ 10 . 00 10 . 00 1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 48_- 00 1010 — 1090 REAL PROPERTY TAXES S . . .. . . INTEREST and PENALTIES $ - 2001 PARK and RECREATION CHARGES 2110 ZONING FEES 5 _ . 2115 PLANNING FEES S 2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSE S FEE 5 TOTAL — 25"' 0 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSE S FEES TOTAL 25.14 - . . 11 DOG LICENSE - SPAYED AND NEUTERED 3191207 - E to 3191217 - K @ $ 2 . 00 _. _ . -- . _ __— 2-2 .00 _ 65 DOG LICENSE - t!NSPAYED AND CNNEUTERED 8896 1935 - B to . R8961999 - C _ @ 25.15 . . - ... OTHER LICENSES Tas Searches - 1 $ 5 . 00 5 . 00 _ @ - - - -- - - 2555 - . BUILDING PERMITS Zoning Ordinance - 6 @ $ 8 . 50 51700 2590 _- . OTHER PERMITS Misc . Copies - _3 . 20 2655 MINOR SALES _ Subdivision Regulations - 1 @ $ 3 . 00 3 0G__ 2770 OTHER UNCLASSIFIED REVENUES Comprehensive Plan - 1 @ $ 12 . 00 oo_ Enumeration - 76 @ $ 1 . 00 TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 . 20 Amount paid to SUPERVISOR for Games Of Chance Licenses Amount paid to SUPERVISOR for State Share of Bingo Licenses Amount paid to D. E .C . for Conservation Licenses 39 . 00 Amount paid to COUNTY TREASURER for Dog Licenses Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 4 0 Amount paid to _ - ___ _.-_ _ __ . _ . - ._. —_-. . tor Lottery Tickets Amount paid to Slate for Sales Tax on Sale of Dogs SPCA Contract 368 . 45 Received Payment of these amounts TOTAL DISBURSED . . . . . . . . . . . . . . . . $ 928 . 70 - — — April .-" - -- - X995 - - - _— . Supervisor STATE OF NEW YORK , COUNTY OF _ _ _ - _. . Tompkins - , TOWN OF . __ . . Ithaca . being duly sworn, says that he is the Clerk of the Town of Ithaca that the foregoing is a full and true statement of all Fees and Moneys received by h during the month above slated, excepting only such Fees the application and payment Of which are otherwise provided for by law Subscribed and Sworn to before me this ' day of - .. . - _ . - 19 ( Town Clerk . .- - Nn_.n R ,nN.- �y OF I7w ti� _ a TOWN OF ITHACA ,p41 21 044 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y OWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273 - 1704 Agenda Item No . 4 ( f ) TOWN OF ITHACA RECEIVER OF TAXES March 1995 , Monthly Report 1995 Tax Warrant - Town of Ithaca Total Town Warrant - 1995 $ 31466 , 710 . 31 Balance Due : Town of Ithaca Warrant 1 / 31 / 95 - 0 - Miscellaneous Payments to Town Supervisor 2 / 3 Fee : Ck . Returned for Insufficient Funds $ 11 . 00 2 / 7 Interest Receiver of Taxes Checking Account 434 . 55 ( January ) 2 / 7 Installment Service Charges - 1 % of Total 260 . 97 2 / 13 Fee : Cks . Returned for Insufficient Funds 26 . 00 2 / 24 Installment Charges - ( $ 1 . 00 x 353 Bills ) 353 . 00 ( Received from Tompkins County ) 2 / 24 Fee : 1' k . Returned for Insufficient Funds 15 . 00 TOT.z�-I, MISC . PAYMENTS TO SUPERVISOR : $ 1 , 100 . 52 March Taxes Collected : $ 137 , 135 . 13 Interest & Penalties Collected : 21742 . 72 TOTAL COLLECTED - March 1995 : $ 139 , 877 . 85 1995 Tax Warrant - Tompkins County Total County Warrant : $ 31585 , 430 . 90 2 / 2 Payment : Tompkins County Budget & Finance - 800 , 000 . 00 2 / 6 Payment. : Tompkins County Budget & Finance - 113001000 . 00 2 / 15 Payment : Tompkins County Budget & Finance - 200 , 000 . 00 2 / 24 Payment : Tompkins County Budget & Finance - 451000 . 00 3 / 3 Payment : Tompkins County Budget & Finance - 100 , 000 . 00 3 / 17 Payment : Tompkins County Budget & Finance - 45 , 000 . 00 3 / 31 Payment : Tompkins County Budget & Finance - 15 , 000000 BALANCE DUE TOMPKINS COUNTY : 3 / 31 / 95 $ 1 , 0801430 . 90 Receiver Monthly Report March 1995 Page 2 . Miscellaneous Payments To Tompkins County 2 / 2 Installment Service Charges $ 11 , 600 . 98 3 / 31 Interest : Receiver ' s Checking Account , Feb . 203 . 43 TOTAL MISCELLANEOUS PAYMENT TO TOMPKINS COUNTY : $ 11 , 804 . 41 1995 In Lieu of Taxes Due : Tompkins County Medical Office Associates $ 10 , 830 . 12 National Cash Register ( NCR ) 81606 . 45 * * Groff Associates , Ellis Hollow Elderly Housing 26 , 363 . 00 Cornell University - ( Benefit Assessments ) 71440 . 00 * * Ithaca Elm / Maple Houses Incorporated ? TOTAL IN LIEU OF TAXES BILLED : $ 531239157 + Payments Recv ' d : T Co . Medical Office Associates 10 , 830 . 12 Groff Associates , Ellis Hollow 26 , 363 . 00 Elderly Housing National Cash Register ( NCR 8 , 606 . 45 Cornell University 71440 . 00 TOTAL IN LIEU OF TAXES PAID TO DATE : $ 53 , 239 . 57 * * * In Lieu of Tax payment from Ithaca Elm / Maple Houses Incorporated , West Village Place , is unknown until received in April / May . Payment based upon gross basic rents , calculated by HUD . 4� OF 1P ° _ a TOWN OF ITHACA 41 2' 044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y N CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273 . 1704 - ASSISTANT BUDGET OFFICER REPORT 4 / 10 / 95 The independent audit for the Town ' s fiscal year 1994 has been completed . The auditing firm will be sending a report on their findings shortly . Our team is now working hard to bring our accounting records up to date after the audit . We were finally back to full staff as of 4 / 3 / 95 and this will be a great help to lighten the work load . We are continuing to work with staff and various financial institutions on electronic banking services . We are prioritizing our needs and hope to have a plan in place soon . After extensive research , Computel Inc . from Earlville , NY has been chosen to do a utility audit for the Town . They will be able to audit telephone , electric and gas , and water and sewer bills going back four years to ascertain that all charges and tariffs were correct . They will work to obtain a refund for us if one is due . Many local municipalities , school districts and businesses have used these services . On March 21 - 24 I attended the Government Finance Officers Association ( GFOA ) 16th Annual Conference in Albany . Topics discussed included ; electronic banking , economic and investment outlook , SEC; regulation of Municipal Bonds , flow control , comprehensive reporting and many other interesting topics . There were no significant revenues for this month . Significant expenditures include quarterly youth services $ 40 , 000 . 00 , VCH fire protection $ 66 , 053 . 00 , first quarter City fire protection $ 723 , 060 . 00 and water and sewer serial bond payments $ 296 , 022 . 50 . The Finance Committee will meet 04 / 10 / 95 to review vouchers and financial reports and address any other matters that are pending . Respectfully Submitted , Sally Alario Assistant Budget Officer Purchasing Agent TOWN BOARD MEETING 4 / 10 / 95 AGENDA ITEM NO . 4H . PERSONNEL MANAGER ' S MONTHLY REPORT FOR MARCH 1995 CIVIL SERVICE JOB DESCRIPTIONS Throughout March , the Personnel Office has worked steadily and in conjunction with Department Heads in the review , analysis and standardization of the job descriptions drafted by Tompkins County Civil Service . The first group of drafts were presented to the Personnel Committee on March 16 for review . At this meeting , a sub - committee was formed consisting of the Personnel Committee Chair , Personnel Manager , Asst . Budget Officer , Town Clerk , Town Engineer , and Town Planner . Completed draft; for the majority of Town positions were presented to the: Job Description Review Sub - Committee on March 31 and the final review begun . The Sub - Committee will meet again in late April to continue this slow , painstaking process before final drafts are submitted to the Personnel Committee for final approval . PERSONNEL CHANGES Eric Walden , Highway Laborer has resigned his employment effective March 17 . A search has begun to find a replacement . Joy Daley , has been recommended for appointment to fill the vacant position of Part - time Secretary to the Personnel & Insurance Department , SET BACK FOR THE PERSONNEL & INSURANCE DEPT . After the long wait for secretarial support , the Personnel Dept . had no sooner begun reorganization of files and the immense job of reviewing job descriptions when my newly appointed part - time secretary , Sandy Newton , went out on indefinite sick leave . A permanent replacement for Sandy will have to be made . On top of this crippling situation , George Eberhardt , Account Clerk / Typist , went out on disability leave , leaving the payroll function without a skilled processor . Temporary employees from Manpower Temporary Services have been utilized wherever possible to keep crucial processes functioning . Without these flexible , skilled individuals , I could not have met the many critical deadlines I faced . Many thanks to Beth Shields and Louise Ader for an excellent job . WORKERS ' COMPENSATION CLAIM INVESTIGATION On March 8 , an investigator from State Insurance Fund met with me then conducted an interview with a Town employee in which I participated , as a routine investigation into a recent workers ' compensation claim filed by the Town on behalf of this individual . All records and documents were in order . NYS EARLY RETIREMENT INCENTIVE PROGRAM New York State has offered an early retirement incentive program for participation by local governments . Through this program , employees aged 50 , with at least 10 years service , and who hold positions targeted for elimination by their employer , may retire early . An incentive of up to three years service credit will be granted to retiring members , though benefit reductions apply to those under age 55 . Though this program may be offered to only two Town employees , the amount of communication involved , as well as the enactment by the Town Board of a Local Law , by May 5 , 1995 , has kept this office busy for several weeks . QUARTERLY PAYROLL REPORT Reporting Period 1 / 1 / 95 - 3 / 31 / 95 ( All figures include SCLIWC employees ) Gross Salaries Paid : $ 411 , 750 . 18 Federal Income Tax W / H 40 , 436 . 99 NYS Income Tax W / H 17 , 162 . 79 Social Security W / H 24 , 747 . 56 Medicare Tax: W / H 51787 . 85 Social Security - Town ' s share 25 , 747 . 12 Medicare Tax - Town ' s share 5 , 787951 Total Taxes Paid & Reported $ 119 , 669 . 82 DISABILITY INSURANCE PREMIUM INCREASE Our disability insurance carrier , CNA insurance , has increased our monthly premiums to $ 9 . 28 , a $ 1 . 78 increase per employee , or 23 % , due to several high claims incurred during 1994 . Employees pay $ 1 . 20 per month toward this premium . Though 23 % is a sizable increase , we have not had a premium increase since 1991 , while our experience rating has deteriorated during this timeframe . CNA has consistently provided good service at low rates ; therefore , I do not feel a need to solicit quotes from other carriers at this time . PERSONNEL COMMITTEE MEETING - MARCH 16 , 1995 Item la . Approval of Salary & Hiring Procedures Action : Procedures were reviewed - rescheduled for April Item 2b . Approval of Problem Resolution Procedures Action : New information was presented - rescheduled for April 2 , Review Civil Service Job Descriptions Action : Sub - committee was formed - rescheduled 30 Workplace Violence Policy will be rescheduled April 5 , 1995 T0 : Members of th Ithaca Town Board FROM : Bruce Brit a CO2 - RE : Various Items Agenda for April Town Board Meeting I support the Town ' s proposed provisions for the Expiration of Preliminary Site Plan Approvals and the Extinguishment of Subdivision Approvals of Abandoned Subdivisions . Having a time limit makes a tremendous amount of sense . It will not only make it easier for the Town ' s planning efforts , it will also make it easier for the private sector . Potential developers will be better able to plan , since they will now have a better idea as to which approved ( competing ) developments are actually going to be built , and which have been abandoned . In addition , these proposed provisions should reduce the workload for Town staff , since they will not have to go through sub - division reviews for projects for which there is no immediate intent to proceed with development . More specific thoughts on these two proposals are as follows : AGENDA ITEM 12 : Expiration of Preliminary Site Plan Approval I think it would make more sense if the preliminary site plan approval were revoked automatically after 18 or 24 months , if the applicant has failed to make sufficient progress toward final site plan approval , rather than having to go through with a public hearing . Perhaps the public hearing could be held contingent upon application of the affected subdivider , as provided for in Article VII , Section 39 , Number 8 of the Town of Ithaca Subdivision Regulations as amended by the Planning Board on March 21 , 1995 . AGENDA ITEM 30 : Extinguishment of Subdivision Approvals of Abandoned Subdivisions Ten years is too long . I think four or five years would be more than enough time for a legitimate project to get well underway . Also , it is possible that a project could be well begun, and subsequently abandoned ( such as the old Beacon Hill subdivision ) . Would it make more sense to require at least one building permit or deed transfer every few years in order to demonstrate that the project is active and being diligently pursued ? In addition , I would like to support the Provision of Open Space Reservations in Multiple Residence Districts (AGENDA ITEM 15 ) . Due to the increased population densities in Multiple Residence districts , the need for open space reservation is even more important than it is in other , less dense , residential districts . I am surprised that MR districts have not had an open space reservation clause in the past , and am pleased that this oversight is being rectified . I NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the regular meeting of the Town Board on April 10 , 1995 , at 6 : 15 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York in order that they may consider the enactment of a " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " . PLEASE `.FAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition of the said local law . PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing impairments or other special needs , will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing . Joan Lent Noteboom Town Clerk March 23 , 1995 PUBLISH : March 27 , 1995 NOTICE OF PUBLIC _ ' HEARING TOWN OF t ITHACA PLEASE TAKE NOTICE that the Town Board of the town i ' } of Ithaca will hold a public i J hearing at the regular meet. IIng of the Town Board on F 1 April 10 1995, at 6: 15 m ., at ttie Town Hall, 126 East at Street, Ithoca, " New York in order ,that they may consider the enactment tt " of a "LOCAL LAW ELECTING . ' A TARGETED RETIREMENT INCENTIVE PROGRAM". . � . r PLEASE TAKE FURTHER NCB t y v = TICE, -:all citizens &.'at - the � '` aforementioned time and I le . lace shall be c'Ffoided the I `' o rtuni . ppo N to voice their ap• - local [a position of the E PLEASE TAKE FURTHER NOL § TICE, ind iv!duols with visual may • = impairments, hearin8 'fmpoir• ., t men r other special needs, - :wild ;be ; Provided with asiis- 5! torice'6s necessory, upon re-.,. f - " ' quest. Persons desiring ossis- i tonce . must make a request I not less ".than 48 ' hours prior t. to the time of the ublic hear• t ' " Joan Lent Noteboom Ems' 1P " Towri. Clerk ; March 23, 1995 March 27, 1995 ' NOTICE OF PUBUC HEARING TOWN OF 1THACA PLEASE TAKE NOTICE, tfwt I the Town Board of the Town t of Ithaca will hold a public hearing at the regular meet- : ing of the Town Board on April 10 1995, at 6:30 - p m . , at & Town Hall 126 East Seneca Street, 4 o, New York in order that they may consider the enodmenl of a ' LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDI• NANCE TO PROVIDE FOR . EXPIRATION OF PREUMI- ;' NARY SITE PLAN A. P- .. PROVAL'. i PLEASE TAKE FURTHER NO- TICE, oil citizens 01. 4the aforementioned time ' and .; place shall be afforded the opportunity to voice their op- proval or opposition of the said local law. PLEASE TAKE FURTHER NO- ' TICE, individuals with visual impoirmenb, hearing impair- ., ments or other special needs, will be provided with ossis- tance as necessary, upon re- quest. Persons desiring oss's- me tan must make a request fnot less than 48 hours prior r to the time of the public hear- ` mg -, :Joan Town Clerk March 20, 1995 ' NOTICE OF PUBUC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will hold a public hearing at the regular meet- ing oF the Town Board on r, April 10 1995 , at 7:00 p m., of t6 Town at 126 r East Seneca Street, Ivaco, New York in order that they may consider' the enactment : of a ' LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDI. NANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICT' . PLEASE TAKE FURTHER NO ,i TICE , all : citizens at the aforementioned time and place sholl be afforded the opportunity to voice their op_ proval or opposition of the " said local law. PLEASE TAKE FURTHER NO- TICE, individuals with visual " impairments, hearing impair- ments or other special needs, will be provided with assis- tonce as necessary, upon re- I r;-„quest: 'Persons desiring assis- - ;, tonce must make a request ,not less than 48 hours prior :•• • to the time of the public hear- utg Joan Lent Noteboom ° Town Clerk Mprch 20 1995 ' 1 . r ' t NOTICE OF PUSUC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE, that the Town Board of the Town of Ithnaca will hold a public i hear'iof the TownguBoard on r . r. g April 10 1995, at 7:30 " p m., at the Town Hall 126 East Seneco Street, 141aco, New York in order that they may consider the enactment . of a ..' LOCAL LAW AMENDING LOCAL LAW NO. 10/ 1994, ESTABLISH• :r. ING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESI- DENTIAL DISTRICTS' . PLEASE TAKE FURTHER NO- TICE, all citizens at the -oforementioned , time and ploce shall be afforded the opportunity to voice their op- ` proval or opposition of the said local law. PLEASE TAKE FURTHER NO- , TICE, individuals with visual impairments, hearing impair- ments or other eval eds will be p ed o tone as necessary, upon re- quest. Persons desiring assis- tance must make a regpurest It not tim of the public hours hear ing: Joan Lent Noteboom ..Town. Clerk Morch 20, 1995 I Town Board Meeting 4/ 10/95 Agenda Item No . 3 Executive Session - Separation of Services Secretary to the Board of Zoning Appeals Part-Time Secretary to Personnel/Insurance Department Resolution No . 64 WHEREAS , the Town of Ithaca Town Board discussed and reviewed the employment history of Yolanda McLaughlin , Secretary to the Board of Zoning Appeals , and the Sandy Newton , part-time Secretary to the Personnel/Insurance Department ; now therefore bEl it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the termination of employment of Yolanda McLaughlin , Secretary to the Board of Zoning Appeals ; and Sandy Newton , part-time Secretary to the Personnel/Insurance Department effectively immediately. MOVED : Councilman Niklas SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . DATED : April 10 , 1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 10 SEAR : Local Law Electing a Retirement Incentive Program As Authorized by Chapter 12 , Laws of 1995 for the Eligible Employees of the Town of Ithaca Resolution No . 65 WHEREAS , this action is the enactment of a local law electing a retirement incentive program as authorized by Chapter 12 , Laws of 1995 for the eligible employees of the Town of Ithaca ; and WHEREAS , this 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 the enactment of local laws ; and WHEREAS , the Town Board , at a public hearing held on April 10 , 1995 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative . determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously. DATED : April 10 , 1995 Joan Lent Noteboom , Town Clerk i Town Board Meeting 4 / 10 / 95 Agenda Item No , 11 Enactment Local Law - Local Law No . 3 / 1995 Targeted Retirement Incentive Program Resolution No . 66 WHEREAS , the properly advertised Public Hearing has been held to consider Local Law No . 3 / 1995 a , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact Local Law No . 3 / 1995 a , " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " , said local law shall take effect upon filing same with the Secretary of State of the State of New York ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to file the said local law as required by law . MOVED : Councilman Niklas Roll Call Vote SECONDED : Councilwoman Harrison Supervisor Whitcomb Aye Councilman Niklas Aye DATED : April .10 , 1995 Councilman Klein Aye Councilwoman Harrison Aye Councilwoman Grigorov Aye Councilman Conley Aye oan ALent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No , 13 SEQR : Local Law to Amend the Zoning Ordinance of the Town of Ithaca to Provide for Expiration of Preliminary Site Plan Approval Resolution No . 67 WHEREAS , this action is the enactment of a local law to amend the Zoning Ordinance of thE� Town of Ithaca to provide for expiration of preliminary site plan approval ; and WHEREAS , this 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 the enactment of local laws ; and WHEREAS , the Town Board , at a public hearing held on April 10 , 1995 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Niklas SECONDED : Councilwoman Harrison Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously. DATED : April 10 , 1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4 / 10 / 95 Agenda Item No . 14 Enactment Local Law No . 4 / 1995 Expiration Preliminary Site Plan Approval Resolution No . 68 _ WHEREAS , the properly advertised Public Hearing has been held to consider Local Law No . 4 / 1995 a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact Local Law No . 4 / 1995 a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to advertise and file the said local law as prescribed by law . MOVED : Councilman Niklas Roll Call Vote SECONDED : Councilman Klein Supervisor Whitcomb Aye Councilman Niklas Aye DATED : April 10 , 1995 Councilman Klein Aye Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Aye Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 16 SEQR : Local Law Amending the Town of Ithaca Zoning Ordinance to Provide for Open Space Reservations in Multiple Residence Districts Resolution No , 69 WHEREAS , this action is the enactment of a local law amending the Town of Ithaca Zoning Ordinance to provide for open space reservations in Multiple Residence Districts ; and WHEREAS , this 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 the enactment of local laws ; and WHEREAS , the Town Board , at a public hearing held on April 10 , 1995 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action ; now therefore be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Niklas SECONDED : Councilwoman Harrison Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilman Conley, aye. Motion carried unanimously . DATED : April 10 , -1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4 / 10 / 95 Agenda Item No . 17 Enactment Local Law No . 5 / 1995 Open Space Reservations in Multiple Residence Districts Resolution No . 70 WHEREAS , the properly advertised Public Hearing has been held to consider Local Law No . 5 / 1995 a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact Local :Law No . 5 / 1995 a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to advertise and file the said local law as prescribed by law . MOVED : Councilman Niklas Roll Call Vote SECONDED : Councilwoman Harrison Supervisor Whitcomb Aye Councilwoman Harrison Aye DATED : April 10 , 1995 Councilman Niklas Aye Councilman Klein Aye Councilwoman Grigorov Aye Councilman Conley Aye Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Items 21 ( a) - 21 (f) and 21 (h ) - 21 ( 1 ) Consent Agenda Items Resolution No . 71 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the Consent Agenda Item resolutions , 21 ( a) - 21 (f) , and 21 ( h ) - 21 ( 1 ) as presented . Approval and/or adoption of Agenda Item No . 21 (g ) will not be made at this time . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . 6 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (a) Town Board Minutes = 3/ 13/95 , 3/22/95 Resolution No , 71 ( a ) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held March 13 , 1995 , and the special meeting held March 22 , 1995 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved the said minutes as written ; now therefore be it RESOLVED , the Town Board does hereby approve and adopt the said minutes as the official minutes of the Town Board for the regular meeting held March 13 , 1995 , and the special meeting held March 22 , 1995 . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley , abstain . Motion carried . Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No , 21 ( b ) Town of Ithaca Warrants Resolution No . 71 ( b ) WHEREAS , the abstracts with the following numbered listing of vouchers have been presented to the Town Board for approval of payment ; and WHEREAS , said abstracts have been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the abstracts . General Townwide Vouchers : $32 , 511 . 96 , $94 , 645 . 46 General Outside Village Vouchers : $30 , 430 . 60 , $ 15 , 096 . 14 Highway Vouchers : $28 , 959 . 07 , $ 15 , 377 . 87 Water & Sewer Vouchers : $ 1 , 656 . 23 , $2 , 353 . 32 , $244 , 917 . 48 , $21 , 485 . 64 Lighting District Vouchers : $ 1 , 145 . 05 Capital Project Vouchers : $ 52 , 099 . 60 MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . QM41J Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (c) Bolton Point Warrants Resolution No . 71 (c) WHEREAS , the abstracts with the following numbered listing of vouchers for Bolton Point have been presented to the Town Board for approval of payment ; and WHEREAS , said abstract has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board hereby authorizes the payment of said vouchers as numbered and listed on the abstract . Operating Fund Vouchers : No . 149 , 197 , $ 54 , 525 . 27 ; No . 209 - 274 , $ 144 , 814 . 40 MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley , abstain . Motion carried . J Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (d ) Monthly Financial Report - December 31 , 1994 Resolution No . 71 ( d1 ) WHEREAS , the Assistant Budget Officer has presented the Monthly Financial Report of the Town of Ithaca for the month ending December 31 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has discussed and reviewed the said report ; now therefore be it RESOLVED , the Town Board does hereby adopt the said report as the official Financial Report for the month ending December 31 , 1994 . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . Joan Lent Noteboom , Town Clerk i Town Board Meeting 4/ 10/95 Agenda Item No . 21 (d ) January Financial Report Resolution No . 71 (d2 ) WHEREAS , the Finance Committee has reviewed the January 1995 , Monthly Financial Report ; now therefore be it RESOLVED . '[ hat the Finance Committee does hereby recommend that the Town Board of the Town of Ithaca approve the January 1995 , Monthly Financial Report . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . DATE : April 10 , 1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (e ) Records Management Disposition Listing Resolution No . 71 ( e ) WHEREAS , the Town of Ithaca has completed the inventory phase of the Records Management Program as outlined by the State Archives and Records Administration ( SARA) ; and WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Supervisor, Town Clerk , and Department Heads shall review and approve disposition of said records before disposition ; now therefore be it RESOLVED , the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA. MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley , abstain . Motion carried . Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (f) 1995 Designation of Polling Places Resolution No . 71 (f) WHEREAS , in conformity with Town Law it is necessary that the Town of Ithaca designate the names and addresses of Polling Places for voting within the Town of Ithaca ; and WHEREAS , the Town of Ithaca Town Board wishes to be in compliance with the Election Law ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby designate the following list by Districts of Polling Places , as the official Designated Polling Places for the year 1995 ; and be it further RESOLVED , said Designated Polling Places are all in compliance with the Election Law and are accessible to the handicapped . District # 1 West Hill Fire Station , 1242 Trumansburg Road District #2 Machinist Local 1607 , (Veteran Volunteer Fireman ' s Association Inc . ) 638 Elmira Road District #3 South Hill Fire Station , 965 Danby Road District #4 Ellis Hollow Elderly Housing , 1028 Ellis Hollow Rd . District # 5 Hasbrouck Apts . Community Center , 121 Pleasant Grove Road District #6 B . O . C . E . S . , 555 Warren Road District #7 Cayuga Heights School , Corner E . Upland & Hanshaw Rd . District #8 Boynton Middle School , 1601 N . Cayuga St . District #9 B . O . C . E . S . , 555 Warren Road District # 10 National Cash Register, 950 Danby Road District # 11 Ellis Hollow Elderly Housing , 1028 Ellis Hollow Rd . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : April 10 , 1995 n Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . Q,., 1,+ //1 c�xr/Ys1_ Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 (h ) Appointment of Part-Time Secretary to Personnel/Insurance Department Resolution No . 71 ( h ) WHEREAS , there is a vacancy in the position of part-time secretary to the Personnel and Insurance Department ; and WHEREAS , the next highest ranked candidate from the initial interview process for this position is currently available; and WHEREAS , the Selection Committee feels Joy Daley possesses the necessary skills and experience to satisfactorily perform the duties of this position ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve appointment of Joy Daley as Part-time Secretary to the Personnel and Insurance Department at $8 . 00 per hour , for 20 hours per week , charged to account Al 430 . 100 , effective 4/ 18/95 . A six- month probationary period applies , after which a performance review will be made to determine regular employment status . Benefits are limited to the part-time status of this position . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . DATED : April 10 , 1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 21 ( i , j ) Agreement for the Expenditure of Highway Moneys Including the 1995 Highway Paving Schedule Resolution No . 71 ( i , j ) WHEREAS , pursuant to the provisions of Section 284 of the Highway Law the Town Board is required to enter into an agreement with the Highway/Parks Superintendent outlining the expense of moneys levied and collected in the Town for the repair and improvement of highways , and for moneys received from the State of New York for State Aid for the repair and improvements of highways ; and WHEREAS , the Town of Ithaca Highway/Parks Superintendent and the Public Works Committee have scheduled and defined the general repairs and road improvements to be completed with these funds in 1995 ; and WHEREAS , the Town Board of the Town of Ithaca wishes to comply with Town Law and the requirements of the State of New York ; now therefore be it RESOLVED , that the Town Board does hereby approve and adopt the attached " Agreement for the Expenditure of Highway Moneys " for the year 1995 , including the schedule and definition of the general repairs and permanent improvements to be completed as prepared by the Highway/Parks Superintendent and the Public Works Committee . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . DATED : April 10 , '1995 Qmro L4 once tx Joan Lent Noteboom , Town Clerk fi Town Board Meeting 4/ 10/95 Agenda Item No . 21 (k ) 10 Approval for Attendance at Fred Pryor, " Interpersonal Skills " Seminar Resolution No . 71 ( k) WHEREAS , there will be a seminar held on May 11 , 1995 , at the Holiday Inn , University Tower, Syracuse, New York ; and WHEREAS , it will beneficial to the Town for Starr Hays to attend this seminar; and WHEREAS , travel expenses will be minimal since Syracuse is within driving distance of Ithaca ; and WHEREAS , the current Planning Department budget includes sufficient funds for this purpose ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Starr Hays , Secretary at the Fred Pryor Seminar , " Interpersonal Skills on May 11 , 1995 , in Syracuse , New York at a cost not to exceed $ 175 . 00 , which includes registration , meals , and other qualifying expenses charged to account B8020 . 403 . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . DATED : April 10 , 1995 Q, Joan Lent Noteboom , Town Clerk a Town Board Meeting 4/ 10/95 Agenda Item No . 21 ( I ) Attendance " Assessing Land Affected by Conservation Easements " Seminar Resolution No . 71 ( I ) BE IT RESOLVED , that the Town Board hereby authorizes attendance at the course entitled , " Assessing Land Affected by Conservation Easements " by up to two persons , at the discretion of the Town Planner , to be held in Albany, New York on May 5 , 1995 , with cost of such attendance not to exceed $450 . 00 , to be charged to account 88020 . 403 . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , abstain ; Councilman Conley, abstain . Motion carried . DATED : April 10 , 1995 1 c a „ti Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No , 22 Residency Requirements Fire Fighter Positions Resolution No . 72 WHEREAS , the City of Ithaca and the Town of Ithaca have an intermunicipal agreement for thE� provision of fire fighting services ; and WHEREAS , the City of Ithaca Fire Department provides the service and the Town of Ithaca contributes approximately one- third to the total cost of fire fighting and emergency medical services for the jointly covered area ; and WHEREAS , the Town of Ithaca also selects two of the five members of the joint Board of Fire Commissioners which by City Charter has significant authority over the operation of the City Fire Department ; and WHEREAS , the Town and City would like to be able to give preference in hiring to fire fighters who are residents of both the City and the Town of Ithaca in one joint list in the interests of equity in intermunicipal cooperation ; and WHEREAS , Section 23 . 4- a , of the New York State Civil Service Law and Public Officer' s Law, Section 3 . 4 , when read together , may prohibit the City's Civil Service Commission from giving preferential certification to a joint City-Town list ; now therefore be it RESOLVED , that the Mayor of the City of Ithaca is hereby authorized to join with the Supervisor of the Town of Ithaca in requesting that Assemblyman Martin Luster and Senator James L. Seward introduce and support legislation during the 1995 session which would make it clear that the City of Ithaca Civil Service Commission has the authority to certify preferential lists which include residents of both the City of Ithaca and the Town of Ithaca in one joint list ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Mayor of the City of Ithaca , Assemblyman Martin Luster, and Senator James L . Seward . MOVED : Councilman Niklas SECONDED : Councilman Klein Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grii gorov, aye ; Councilwoman Harrison , aye ; Councilman Conley , aye. Motion carried unanimously. DATED : April 10 , 1995 Joaf Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 23 Bid for Rubber Tire Excavator Resolution No . 73 WHEREAS , the Town of Ithaca Highway/Parks Department received only one bid on March 29 , 1995 , from the advertisement requesting the submission of bids to purchase a rubber tire excavator; and WHEREAS , the Town of Ithaca Highway/Parks Department would like to have a more competitive bid environment ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby reject the one bid received for a Rubber Tire Excavator ; and be it further RESOLVED , that the Town Highway/Parks Department be authorized to re- advertise and receive bids for the new rubber tire excavator. MOVED : Councilman Klein SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilman Conley, aye. Motion carried unanimously. DATED : April 10 , 1995 Joan Let Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 27 Approval NYSDOT Work Agreement Resolution No . 74 WHEREAS , the New York State Department of Transportation ( NYSDOT) , resurfacing of Route 96B in the Town of Ithaca necessitates the adjustment of the elevation of water valve box covers and appurtenances ; and WHEREAS , NYSDOT has determined that these adjustments are to a municipally owned utility and will be made at the expense of New York State; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca approves of the utility work agreement for NYSDOT Capital Project Identification Number 3600 . 06 , granting the State of New York the authority to perform the adjustment for the Town , and the Town agrees to maintain the facilities adjusted via State let contract . MOVED : Councilman Conley SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . DATED : April 10 , 1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 28 Benefit Assessment Refund Town of Ithaca Tax Parcel 70 . - 12 - 6 Resolution No . 75 WHEREAS , Dorothy Everett has requested a refund of water and sewer benefit charges on the basis that assessments were incorrectly assessed because of an incorrect calculation ; and WHEREAS , the Town Engineer has reviewed the claim for a refund and has determined that the correct number of units for the parcel is 1 . 38 for water and for sewer based on the benefit formula , and that the assessment for 1994 was for 2 units and has recommended that a refund is due for 0 . 62 water benefit unit in the amount of $49 . 60 , and that Coa refund is due for 0 . 62 sewer benefit unit in the amount of $ 50 . 84 ; and WHEREAS , taxes have been paid in full for the affected tax parcel ; now therefore be it RESOLVED , the Town Board hereby authorizes a refund of benefit charge in the amount $ 100 . 44 , ( $ 49 . 60 water, $50 . 84 sewer) be paid to Dorothy Everett , 1317 Hanshaw Road , Ithaca , New York . MOVED : Councilman Conley SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously. DATED : April 10 ,12�d� Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 30 Resolution Approving Subdivision Regulation Amendments Extinguishing Subdivision Approval of Abandoned Subdivisions Resolution No , 76 WHEREAS , the Town Planning Board of the Town of Ithaca has adopted an amendment to the Planning Board ' s subdivision regulations which amendment provides for the extinguishment of subdivision approval of abandoned subdivisions under certain circumstances , and WHEREAS , said amendment to the subdivision regulations was adopted by the Town Planning Board on March 21 , 1995 ; NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the amendments to the subdivision regulations providing for the extinguishment of subdivision approval under certain circumstances as adopted by the Planning Board on March 21 , 1995 , MOVED : Councilwoman Harrison SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously. DATED : April 10 , 1995 q. ", J,,+ ' 4c .ltz�.,ti Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Agenda Item No . 31 Approval of Subdivision Amendments Relating to the Provision of Park Land and Reservations and Payment of Money in Lieu of Same Resolution No . 77 WHEREAS , the Town Planning Board of the Town of Ithaca adopted an amendment to its subdivision modifying certain provisions of the subdivision regulations relating to the provision of park land and providing for payment of money in lieu of same ; and WHEREAS , such amendment to the subdivision regulations was adopted by the Planning Board at its meeting on March 21 , 1995 ; NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the amendment to the subdivision regulations by the Town Planning Board relating to the provision of park land and payment of funds in lieu of the provision of same as adopted by the Planning Board . MOVED : Councilman Niklas SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . DATED : April 10 , '1995 Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Additional Agenda Item No . 1 Ratification of Temporary Appointment Part-Time Zoning Board of Appeals Recording Secretary Resolution No . 78 WHEREAS , due to illness of the regular Recording Secretary to the Zoning Board of Appeals , a backup of minutes has resulted , and WHEREAS , there was an immediate need to employ a temporary secretary to help bring these minutes up to date , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the temporary appointment of Debbie R . Raines to the position of part-time recording secretary to the Zoning Board of Appeals , for a period of ninety days , retroactive to March 20, 1995 . Payment is a flat sum of $ 65 . 00 per meeting for minutes produced , charged to account B8010 . 100 . Benefits are limited to the temporary , part -time status of this position . MOVED : Councilman Niklas SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye . Motion carried unanimously. DATED : April 10 , 1995 Q"' I'+ Joan Lent Noteboom , Town Clerk Town Board Meeting 4/ 10/95 Additional Agenda Item No , 2 Temporary Appointment Engineering Technician Resolution No . 79 WHEREAS , the Highway/Parks Superintendent and Town Engineer have determined that there is a need to research and update Town maps and perform other related duties for the Highway/Parks and Engineering Departments ; and WHEREAS , Charles White has been assessed as having the required map research and civil engineering skills necessary to satisfactorily perform the functions of this project ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Charles White to the position of full - time , temporary Engineering Technician for the period April 11 , 1995 , through June 16 , 1995 , for a total of 65 days , at an hourly salary of $ 9 . 00 per hour. Account DB5112 . 100 will be charged . Benefits are limited to the temporary status of this position . MOVED : Councilman Conley SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; 4 Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried unanimously . DATED : April 10 , U1995 2z' I'+ / Vrw\� Joan Lent Noteboom , Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , j'oan Lent Noteboom , being duly sworn , say that I am the 'Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Pubjic Hearing Notice r j,ocal Law to Amend the Zoning Ordinance To PpoYide for Expiration of Preliminary Site Plan ' Approval . Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca St . Date of Posting : March . 160 1995 Ithaca NY 14850 Date of Publication : March 20 - . 1995 c T n Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF T014PKINS ) SSG TOWN OF ITHACA ) Sworn and subscribed before me this day of 19 T-" BETT`t F. POOLE NOTARY PUBLIC STATE OF NEW YORK N A d ry P bl ic . - ;Up # 4646 427 `� /�/� %� TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Le Noteboom , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board Of the 'Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Public Reaxing Notice �ocal, Law Amending Local Law No . 10 / 1994 , Establishing Amounts to be Paid In Lieu of Open Space Reservations In All ResidentiA. Districts " . Location of sign board used for posting : Town Clerk ' s Office Date of Posting : March March 126 East Seneca Street 16 , 1995 Ithaca , NY 14850 Date of Publication : March 20 , 1995. Torn Clerl , Town of Ithaca STATE OF NEW :CORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Swor '�to and subscribed before me this Q �-� 19 � , day of BETTY F. POOLE NOTARY PUBLIC STATE OF NEW YORK dry p blic # 4G46 427 tl p , TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board Of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Public Hearing Notice r Local Law Amendingothe Town of Ithaca Zoning Ordinance for Onen Space Reservations In Multiple ' Residence Districts " Location of sign board used for posting : Town Clerk ' s Office Date of Posting : March : 16 . 1995 126 East Seneca St . Ithaca , NY 14850 Date of Publication : _March 20 . 1995 4TonQZlerk ,, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHAC'A ) Swor to and subscribed before me this ��� L 19 s �J--___ day of BETTY . POOLE NOTARY PUBLIC STATE OF NEW YORK N t ry blr�fcve) # 4646 427 / �l'� . /����� TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I ► Jo Ln Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town. Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Public Hearing Notice - " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM" Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca Street Date of Positing : March 23 , 1995 Ithaca , NY 14850 Date of Publication : March 27 , 1995 T wn Clerk , Town of Ithaca STATE OF NEW' YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworr} � t and subscribed before me this r — day of C 19 ..� BETTY E. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 N a r y nubjjc 14o NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the regular meeting of the Town Board on April 10 , 1995 , at 6 : 15 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York in order that they may consider the enactment of a " LOCAL LAW ELECTING A TARGETED RETIREMENT INCENTIVE PROGRAM " , PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition of the said local law . PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing impairments or other special needs , will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing . Joan Lent Noteboom Town Clerk March 23 , 1995 11 411 r r\ ® PUBLISH : March 27 , 1995 �yb � e. 1. OWWO- Wn W �� ' ��JNO;TICE�OF �P,U8 �91tC� ' l S' HEA`RING TF 'b �r� t, �<'�`"nt'; l 'RHi4CA�k ?.`r� F•a�� = 4PLEASETAKENOTICE that;: ` t the ?iTown rd;of N45,4wn' �I offlthaca will] holds pubiie , 4� `k ��hearingg�ot{thQ.�reg` lor,�meet�l � , ti , ing.:.ot ,the,�,tTowna^ odrd�'oriJ ApFilr Al +p a me atz a 10, h, 0115, 126 +a vS< 3t, 4 enecm ee , IttICCa�;.� ,l New Yorky r`or er, that+they', . # mayk ns(derrthei nactment� "•< i ,rFofo;,"LOCAL#L4W'EIECTING . I �A=4 7ARGETED � RETIREMENT + � INCENTIVE`3PROGR"AMA Zir t �1 LEASE6TAKE11FUR1EHERrN0.,:i H =TICEkdll`t�,citlzensa 'the jt n , aforementioned slime; and,l � ;! �,�yfglcce shall�be=z,�orded�,the!, n �rproval �or} opPosiNon 6C-thel) saidllocal= law.� t.,,. � PLEASETAKE, FU � M R -N0. ; T TICFy�,indlviduala'�w,f �visual�; pia 1 impoitmenhhearingimpair f. , , ' „4 menucor otherspecialfneedp' } rprovided withossir n h ? is�jsitance?asfneceibary„upon're � yM ueaf ` Personaytleshingaasala ; � � Lance; must?make requeat4. ' Ito<the-ynot�less than 48I�wrapiior,4� time'of th'e pu I�ahear nq a � } ' oan +lent N teboom'r •''�� `"�aTown�TClerk ''-- March 23;•�l!995 , Y sT, ;Marcfi 27, 4 �1y OF 12, TOWN OF ITHACA 21 O4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-178 FAX (607) 273- 1704 NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the regular meeting of the Town Board on April 10 , :1995 , at 7 : 00 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New "York in order that they may consider the enactment of a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " . PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition of the said local law . PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing impairments or other special needs , will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request not less than 48 hours ! I-mr . I 'V .. prior to the time of the public hearing . J44. N OTIC . y a e;OF 'duBUCf y ' TOWWOF THACA , ,Joan Lent Notebobm J �PLEASE��TAKE:NOTICE, Xat Gs Qd;; n1Biad oherwn TOwn Clerk , ,s ?of 'Ithacawilir�holdyapullir March 16 , 1995 ue4heanng at' the, re©uI meet ° (+ Ingo tWiTownp Board :;on �,=Apr1) 10 ��119„95,y otl 700 pm ; at°t{�e'rTown Hdll ' y126` Y �tEtist $eneca {pSfreet, laca; yNew �ork +ri +prder ,thutstheyk F vmay cons+der the 'enachnent PUBLISH : March 20 , 1995 # rot tie°: " L'o`cWO; LAW-. �,�AMENDINGTHE>TOWN OE ✓ ITHACA? ZONINGYORDf•+ NANCEu FOR OPEWSPACE ,t ..RESERVATIONS IN UUMPLE' WIC RESIDENCE DISTRICT": 4 . �;I PLEAS�4TAKE�FURTHER�NC� i �TICE, ts?all:�lf_cihzena`� at 'rthe aforementioned � hme: andi 3aptjcelshalI $Cafforded they ' P,.tc!v ? or oppos+hon of,the, ("U saidylocal law +�" TICE EndA+d 4,4 u"IsRwithRViaua .� „ ,p� ��timlw+rments,. heanng impair_ , .._ �i "' ments`orotherspecial:needs, -, atw+ll=lie�.proyided w+th%:ass+a ' � tcnce� as�necessarys upon re ;I u i ist }Persons desmng ;oss+a: : ,t {'��nce� must Imake ' icc request, not +lesstthan 48 flours ,prio to4he nme-oE .7 the pu61ic:6ear- +9. t • F y ! x wl6an1Lent4N6teb&rh Town' Clerk �Zy OF I r TOWN OF ITHACA 21 o4^b 12o EAST SENECA STREET , ITHACA , N . Y . 14850 � Y JWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273- 1704 ^ NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the regular meeting of the Town Board on April 10 , 1995 , at 7 : 30 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York in order that they may consider the enactment of a. " LOCAL LAW AMENDING LOCAL LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition of the said local law . PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing impairments or other special needs , will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing . §T�49NOflCEiOF,PUBLIC�Y HEARIN(i., 4'� Joan Lent Noteboom ,n��'.JTOWN oFITHACp� f"PI A`ZTAKE NOTICE 4 tj Town Clerk 3iffid4T yhv.4oatrdd` f9the To ' n. �ol�ltlicca will hold'fay,p,'ub iv� March 16 , 1995 heror(hgrat thw reaular.,me t ,dogott� the� Toww , n�Bord oq E=April a1Qy X1:9„45 ;,d90 30� aR�p m ,, atst6e Town Hall s'#126'' t+ � aStreet;�It�aea;� s70NeM,. ;Yorgngorder�t(iat they PUBLISH • March :20 , 1995 ma +considor*the enactmont , O IA 6 J ”&l^O;.0 Aar -L'A f AENDING [17. , LAW °ESTABLISH " t�`ING.�AMOUMS�5T0 BE;PAIQ, OPEN,RSRACE� w RE SERVATIOtVSaIN1ALL RW "NDENTIALsDISTRICTS"µ; Paz rrPLEgSE ,TAKEVFURTHER;N0 TICE `.1�'ali + citizenatt�at `.'the Id af ore inentloned. Mime t and: (ac`Qr L a11' "r e 'affordedi.the �opportimiy voice their � prcn%olori oppogrtionJof "'° tilocal „�PLEASECTAKE; FURTHERS . Q,• FTICE; individudls"with v�sual'` rtmentsheanng, impair m meritsyor,,other'speoial needs; tanllbej provtided�wdhanasiy {�%iancelas^nets,"ss6ry,tu g n re,, quest�Parsoiisa desirin "asla:� tancermuatrmake `a request;, 5 of"less than! 48:' hours ppnorl �.}O the time of the public' hecr t < .1oan Lent: Noteboom < t t ,K Town• Clerk; i .iNlarcfi 2�u1995 i, _ 4ty OF 1 T'a'y TOWN OF ITHACA P1 1 92. 6 6 EAST SENECA STREET , ITHACA , N . Y . 14850 '41 04 fOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 . NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the regular meeting of the Town Board on April 10 , 1995 , at 6 : 30 p . m , , at the Town Hall , 126 East Seneca Street , Ithaca , New York in order that they may consider the enactment of a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO 'PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " . PLEASE TARE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition of the said local law . PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing impairments or other special needs , will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request not less than 48 hours p rior to the time of the public hearin g • ;,;, i�NOTICE OF' PUBLIC �I1; ':.,;.•;�,ry. •HEARINd': i''Y}�,'.}'yr Joan Lent Noteboom ;41P4EASE rAtE shwai Town Clerk t1 01012 caa ,. :okk; . Qcc' I�! public, March 16 1995 ? hearing5 ' a ula� " eet•. � 4n 02% Townpp��r�on. ;East; 'Se'rtieca. �`$treet; acc;s MeH! Yorkmn�order`, atffhey may?_conaider,?thgi enac(inent4 oF', ci`OLO - L%T l lTO; PUBLISH : March 20 , 1995 AMENDUHE?;':I N � OF1 . `ITHACA`1�2 ONING' PNRCAYvfJN��*RO Al '41 3P. FURTHER . Q !iI E, all �CJtlion i , gt' tfie. fgreTd ioned(„1 vmng and., Ibcq:,yall ,bergfforde . .,tlie; opportu ;toxvoit¢;t k'k'a� proval; ra'ppoon;of�"the! N';aa�d �lo�alrlcw,'If �" �4'tr fPLEAS ;TAU �NQ'• CF,;kj y. [AdQA W1 itaval! ;�jmpaIrine ta`µhhea pD mpaI �- ' ments, r' n 'eeds vrilibev�rovidedw rgdbie vP .4. 4 - . ,.. , rtgPC #IneFe ' a ,y po6)0:1 gvesf�Pereonsldes„�;�gaseie�"� rtance?�rnusfh=,mcke ,qj�{equest ; not''leis'Iliari�48't16- orlo ki, etime of �ho'pu6lio ar $wiaai § apnFle�irlVglelioo Y' w;N nr " `Town(Clerk {u Ion a'ooe , r; : r.x ,.. x.