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HomeMy WebLinkAboutTB Minutes 1995-07-10 4� 0F1 T _ 9 TOWN OF ITHACA 21 4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 OWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN BOARD MEETING JULY 10 , 1995 5 : 30 P . M . AGENDA 1 . Call to Order . 2 . Pledge of Allegiance . 3 , Consider EXECUTIVE SESSION . 4 . Reports of Town Officials : a . Town Supervisor b . Director of Engineering c . Town Highway Superintendent d . Director of Planning e . Director of Building and Zoning f . Town Clerk g . Assistant Budget Officer 5 . Report of Town Committees , 6 . Report of Tompkins County Board of Representatives . 7 . Review of Correspondence : a . Six Mile Creek Vineyard - Liquor License b . Fred Knewstub - DeWitt Middle School Pond c . Town of Lansing , Town Board Resolution - Bridges d . John Yntema - Ithacare DEIS 8 . 6 : 00 P . m . , PERSONS TO BE HEARD , 9 . 6 : 15 p . m . , PUBLIC HEARING to consider conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park , 10 . Consider SEQR related to the conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park , 11 . Consider resolution related to the conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park . TB Mtg . 7 / 10 / 95 Page 2 . 120 6 : 30 p . m . , PUBLIC HEARING to consider a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATIONS " . 13 . Consider SEQR related to a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATI: ONS " . 14 . Consider enactment of a , LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATIONS " . 15 . Consent Items : Consider resolutions approving and / or authorizing the following : a . Town Board Meeting Minutes - 6 / 12 / 95 , 6 / 26 / 95 . b . TOWN OF ITHACA WARRANTS . c . BOLTON POINT WARRANTS . d . Records Management Disposition Listing . e . Attendance Town Justice mandatory training seminar . f . Attendance , " Legal Aspects of Recruiting and Interviewing " seminar . g . Attendance , " NYS Association of Town Superintendents of Highways 66th Annual Conference " . h . Attendance , Cornell University " Supervising and Managing People " seminar . i . Attendance at computer software training . j . Fall Brush and Leaf Pick Up Date . k . Water- and sewer billing refunds . 16 . Consider Tompkins County Solid Waste Fee being added to the tax bill . 17 . Consider- Chase Lane cul - de - sac . 18 . Consider- change order for Judd Falls Road reconstruction project .. 19 . Discuss sale of excess capacity from the Ithaca Area Waste Water Treatment Plant to the Town of Dryden . 20 , Consider ADJOURNMENT . F114AL Town of Ithaca Regular Town Board Meeting July 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 ; Catherine Valentino , Councilwoman ; Edward Conley , Councilman . EXCUSED : Ellen Harrison , Councilwoman , ALSO PRESENT = David DuBow , 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 , Jonathan Kanter , Town Planner ; Carol Hale , WHCU , Beverly Livesay , T . C . Board of Representatives , Margaret Thomas , Earl Thomas . Call To Orders The Supervisor called the meeting to order at 5 : 35 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item NQ. 4 - Reports of Town Officials : a . Town Supervisor - See attached . b . Director of Engineering - See attached . The Judd Falls Road project is moving along . Councilman Niklas - Have you and staff been content with the formalities and procedures regarding the earth fill permits ? Mr . Walker - Yes . We feel it is working . Councilman N:iklas - If you feel any fine tuning is needed please let the Codes and Ordinance Committee or the Town Supervisor know . Mr . Walker - As we go through the process notes will be taken and any recommendations will be made to the committee . C . Town Highway Superintendent - See attached . d . Director of Planning - See attached . I heard from Cornell University regarding the field trip . They are in the process of setting it up for Wednesday , July 12 , 1995 at 3 : 30 to originate at the Cornell Transportation Services building . There will be a van and transportation will be provided . The purpose of the field visit was to look at building heights relating to set backs . e . Director of Building and Zoning - See attached . TBM 7 / 10 / 95 f . Town Clark - See attached . The Historical Anniversary Celebration Committee has developed a map to be placed at 37 locations throughout the Town of Ithaca . They have also suggested an historical marker to be placed at various site locations with some historical background for each site . The life span of these markers is approximately 50 years . These are the two main suggestions the committee has recommended . I wanted to make you aware of these suggestions as we will be budgeting for these items during the budget process . Unfortunately we have not received any volunteers from the ad we placed . The committee stELted that since there will not be very many people working on this project the two recommendations presented this evening the present committee membership will be able to handle . Ms . Alario - Have we received any contributions from the public for the Historical celebration ? Mrs . Noteboom - The committee has not gone that far however discussions have taken place and it will be in the planning . There are no grants for this type of function . Councilman Niklas - Is there room in the newsletter to advertise for contributions ? Mrs . Noteboom - I ' m not sure the newsletter will go out in time . Councilman Niklas - We could budget for the full expense then defer full payment if contributions are received . g . Assistant Budget Officer - See attached . There is a correction to be made on the second page . Where expenditures are listed , the Ithaca Area Wastewater Treatment Plant payment did not go out . Supervisor Whitcomb - Are interest rates running a little higher than last year ? Ms . Alario - Yes , however not for long . Agenda Item No . 5 - Report of Town Committees : Councilwoman Grigorov , Post Office Committee - I informed the Postmaster of the board ' s concerns regarding the issue of mail delivery on the opposite side of Route 96B . He stated the route changes near there to a rural route and therefore if they were to deliver the opposite way , it would not be safe . There is no way they could reverse another route to accommodate . Councilman Niklas - This is in response to the request from Councilwoman Harrison ' s suggestion we approach the Postmaster again 2 TBM 7 / 10 / 95 to see if there are any other alternatives and as predicted , the answer was no . Councilman Klein , Public Works Committee - No report . Councilman Niklas , Codes and Ordinance Committee - No report . Councilwoman Valentino , Tompkins County Cable Commission - The next meeting is to address a model franchise which has been submitted by one of the sub - committees . I will review this proposed frarchise with the Town Attorney ' s Office . Another item which will be discussed at the committee level is joint negotiELtions with the cable company . Recreation Partnership - One of the things we are looking at is the $ 40 , 000 which was appropriated by the County this past year to help the partnership get started . They have informed us the amount will be reduced for this year and be phased out next year . The problem is they want to make a deeper cut in the funding for this year and our concern is it may be more than we can handle . Meetings will take place with County representatives to address this issue . Agenda Item No 7 - Review of Correspondence , a . Six Mile Creek Vineyard , Liquor License : Supervisor Whitcomb - We received notification from Mr . Battistella of Six Mile Creek Vineyard of intent to renew liquor license . This is a formality mandated by the state to notify the respective municipality . b . DeWitt Middle School Pond : Mr . Walker - I have had discussions with members of the faculty at the school regarding their desire to have an " educational pond " at this location . They feel the site , which is currently a detention pond and dry at present , would be convenient for the school . It is currently fenced in and secured . I suggested a formal request be sent to the Town from the school in order that the board may consider their request . We have discussed improving some of the characteristics of the structure to make it more effective for storm water management and I do not see any problem with putting a deeper permanent pool in to it . There are some liability questions which I feel we should address before any decisions are made . Since we have received the formal request from the school , I am asking the board ' s approval to proceed with researching the legal implications and move forward with the engineering study . Councilwoman Grigorov - How good is the fence as far as the kids climbing over it ? 3 TBM 7 / 10 / 95 Mr . Walker - It is a 6 foot chain link fence . We could put barbed wire on it however it is not on there at this time . Councilman Niklas - If the Town had an easement and if someone were to get in and accidently drown , the question of liability is there . There is nothing to prevent anyone from suing anyone for any basis . The question is what is the defensibility of the Town ' s position ? The other thing that occurred to me is if it is a permanent standing bod;or of water , it would be a site which would be a breeding ground for mosquitos . The Town has no liability for mosquito control however I am wondering if they have carefully thought this out . Do they intend to stock this pond with fish ? Is this going to be an " eco " controlled example of a pond or what ? Mr . Walker - They did not talk to us about the specific programs other than they want to use it as an educational tool for their biology program . Councilman Niklas - My other concern is maintenance . With it being surrounded by a chain link fence and wanting a natural environment , they would not want natural vegetation around the pond . Mr . Walker - While working with the school on this we might want to make it a condition the school be responsible for the maintenance . That way we could eliminate some of the maintenance of the property for the Town . Councilwoman Grigorov - We might want to be careful if we ever wanted to do anything drastic to this area to make it more effective for storm water because you would ruin all of the poly wog developmE?nt . Councilman Klein - The Town would need to make modifications to the area since at: present it does not work as a storm water retention pond . Councilman Niklas - I am not opposed to this however I want to be sure that something as innocuous as a science project does not amplify in to something that costs the Town in terms of liability and maintenance . Mr . Walker - We are planning some modifications to the inlet and outlet structures and as part of those plans I will look at the options for increasing the pool depth for a permanent pool , a small area for use by the school and discuss some of the features they would like to see . At that time we would bring those discussions back to this board before we expend the funds . 4 TBM 7 / 10 / 95 Councilman Klein - The consensus would be we are certainly willing to cooperate with the school district as long as we do not create a mosquito breeding ground . c . Town of Lansing Town Board Resolution , Bridges : Supervisor Whitcomb - Supervisor Schug of the Town of Dryden sent a letter expressing his concerns regarding the County trying to download maintenance of bridges to the Towns . In response to that , the Town of Lansing passed a resolution . We have prepared a similar resolution for consideration this evening . Councilman Niklas - I would like to defer our resolution to the Town Attorney to see if the wording is agreeable to us f rom a legal point of view . I believe something should be passed by the Town Board , in principal , at least . It is worrisome and clearly as money dries up the County will try to pass on unfunded mandates to the lower levels of government . Mr . Noteboom - I spoke with staff at the County level and they indicated they were not interested in getting rid of their responsibilities for the bridges . They would like to review the original agrE� ements as they said they are not made for this day and age . They were made for wooden decks , etc . . . They may have a valid point , however , I feel we need to pass this resolution to forestall any thinking on their part to turn over all of the maintenance to the Towns . Councilman Niklas - Including modifications which might be proposed by the Town Attorney or other members of the board , I would like move the resolution . Resolution No . 124 : Motion made by Councilman Niklas , seconded by Councilwoman Grigorov requesting the Tompkins County Board of Representatives acknowledge bridge repair and maintenance as an essential function of government by preparing a plan for the reopening of` the closed bridges and performing the postponed repairs and maintenance on the bridges which are still open and to agree to work with other Towns in Tompkins County to ensure safe and reliable bridges for the residents of Tompkins County . A vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried Unanimously . Ms , Livesay , T . C . Board of Representatives arrived . Supervisor Whitcomb informed Ms . Livesay , T . C . Board of Representatives , the Town Board passed a resolution urging the 5 TBM 7 / 10 / 95 County not to defer its responsibility for bridge maintenance on to the Towns . Ms . Livesay on I have not heard any information regarding this . It has been mentioned over the years the County should revisit the policy . Supervisor Whitcomb - This is a preemptive action at this point . Councilman Niklas - The resolution basically tries to encourage the County RE!presentatives not to do something . d . John Yntema , Ithacare DEIS : Supervisor Whitcomb - Correspondence was received expressing his desire to avoid another lawsuit . Councilman Niklas - This letter to me is in the context of an explicit thrE� at . If we do not respond to his wishes he is likely to institute another legal action . No matter what we do as long as we pursue granting Ithacare a building permit and the right to go ahead we will end up with a legal suit anyway . I would like to encourage the board to discuss this however I do not feel the Town needs the added expense of hiring a consultant . Supervisor Whitcomb - I have discussed this with Mr . Kanter , Town Planner and lie agrees . Mr . Kanter - We did discuss the issue at the last Planning Board meeting as well and the Planning Board reached the same consensus . They have asked a letter be drafted to respond to Mr . Yntema . Councilman Niklas - The comparisons drawn between Ithacare and Walmart , as :indicated in Mr . Yntema ' s letter , are mentioned , only to disfavor Ithacare . There is another parameter called traffic flow . I think if we were to compare Walmart to Ithacare one would see it would come out in Ithacare ' s favor . It ' s absence in this letter indicates a clear bias . Supervisor Whitcomb - We all agree then we will not hire a consultant an: this point to review Ithacare . Councilman Klein - If it were needed , would the expense be incurred by Ithacare ? Mr . Kanter - There are provisions under the SEQRA where this type of a fee could be charged back to the applicant . Also the Town Board approved a resolution some time back waiving any SEQR related fees . 6 TBM 7 / 10 / 95 Agenda Item No . 8 - Persons To Be Heard - No one in attendance wished to be heard . Agenda Item No . 6 - Report of Tompkins County Board of Representatives : Ms . Livesay - We have been moving ahead with the Solid Waste fee being added to the annual tax bills . I have read the materials you have supplied and your concerns regarding such and the fact your questions have not been answered . The County has been trying to proceed in some methodical way to resolve the issues . The first issue we addressed , which was the most time consuming , was the computer program . We wanted to be sure we could procure a program which would work and fit our needs . It is not that the County thinks it has the legal issues in hand it simply has not responded back as no one has had the time . It would be a moot point until we were able to see if the program is something that will work . The next step will be to get all of the Supervisors and Clerks together to address and supply the answers at one meeting . The Solid Waste Committee this morning reviewed a proposed contract which is now available . Within the next week or two a meeting will be held with the Towns and City to answer all of the questions . We were told the software and hardware must be ordered in order to have it in the hands of the Towns in sufficient time . A decision must be made no later than August 25 , 1995 , Supervisor Whitcomb - I wish you the best but don ' t you think it is optimistic to think we will have all of our questions and concerns answered and taken care of by the middle of August ? Ms . Livesay It may or may not be . This is the time frame we are up against at this point . Without the computer hardware and software and no matter how willing we all were , we could forget it . I did notice one of the legal issues was to " make " the Towns do it . That has never been the intention of the County to " make " anyone do it . It is a window of opportunity given the change of the tax situation brought on by State law and the ability to pay delinquent taxes in partial payments . There is nothing in it for the County and I get the feeling the Towns are thinking the County is trying to put one over on them . It is not the case . We are trying to serve the public so people are not running around to several different locations to pay these bills . There are other issues we can talk about in the meetings with the Supervisors such as how we can better share the effort on highway work etc . . . Policies are always open to review and no changes would be madE! without everyone having an opportunity to participate in the discussions . 7 TBM 7 / 10 / 95 Councilman Klein - Is there any update on the Forest Home Bridge bids ? Ms . Livesay - I understand it will not be done until next year . Councilman Klein - Will it be put out to bid this year to protect the funding ? Ms . Livesay - I think the money will be protected . I am updated from time to time as I am not on the committee . It was stalled in Albany . Councilman Klein - Well , that is an excuse . Ms , Livesay - No it is not an excuse , If this had followed the schedule last: fall , we would not have gotten caught in the State budget cuts . Unfortunately we did and it is something which just happened . Councilman Niklas - Whose committee is this ? Ms . Livesay - This is Barbara Blanchard ' s . She chairs the committee . Councilman Niklas - The last time we had a County committee member present , it was Dan Winch , Ms , Livesay This is not his committee anymore . This year chairs of the committees changed . Councilman Klein - I guess the timing is one thing we can not do much about but we are concerned about the funding . Do we have any confirmation '? Mr . Walker - The only confirmation is the letter we received from John Lampman and his conversation with DOT . They felt it would be protected if it went to bid this year . We did get another letter from Mr . Lampman which stated the Historic people had signed off on the plans however we are going to take another look at the final documents . Councilman Klein - The Historic Preservation aspect got us the funding and enhancement so we would all hate to see that slip through the cracks . Ms . Livesay Is there some way you think I should follow up or do you think staff could . S Councilman Klein - Since you are one of our Town representatives I would think you would have somewhat of a vested interest . I would 8 TBM 7 / 10 / 95 like something in writing from the proper authority saying the funding is not in jeopardy . Ms . Livesay - Ok . Acrenda Item N'o . 9 - Public Hearing To Consider Conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park : The Supervisor opened the public hearing at 6 : 16 p . m . The Town Clerk had proof of posting and publication . Earl Thomas , 101 Park Lane , Ithaca , NY - I have been using the park for a good many years . I love it and enjoy it . It is a place where you could get a sense of being in the deep woods . When it was mentioned some time ago the deepest part of the woods was being transferred to a developer I was upset to say the least . It is a wonderful thing we have found a way to preserve the whole park and satisfy the various constraints and obligations the Town had acquired . I speak very much in favor of converting the General purpose land to a park . As no one else wished to speak , the Supervisor closed the public hearing at 6 : 17 p . m . Agenda Item No 10 - SEOR Related to the Conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park : Resolution Na . 125 : Motion made by Councilman Niklas , Seconded by Councilman Conley 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 neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . A vote on thE! resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . Agenda Item JYo 11 - Consider Resolution Related to the Conversion of the Eastern Heights General Purpose Land to the Eastern Heicrhts Park : Resolution No . 126 Motion made by Councilwoman Valentino , seconded by Councilman Conley establishing additional park land to be incorporated into the Eastern Heights Park , with boundaries described in the full resolution ( attached ) and that such conveyance and establishment of an expanded Eastern Heights Park is pursuant to Section 220 of the Town Law of the State of New York , 9 TBM 7 / 10 / 95 that being this resolution is subject to a permissive referendum in the manner provided in Article 7 of the Town Law . Councilwoman Valentino - Where the dimensions are defined , are we clear on the part where the turn around is going to be and have we narrowed it down to what we had talked about ? Mr . Walker - The description included in the resolution defines the turn around . The circle was a 100 ft . diameter circle before and is now a smaller area but does extend the boundaries . Councilwoman "Valentino - So we have clearly missed the sled run and that area . I want this to be part of the record of the minutes . Mr . Walker - Yes . Councilman Niklas - So we are not jeopardizing any of the recreational activities which are currently there . Mr . Walker - That is right . Councilman Klein - We are leaving enough space for a turn around right ? Mr . Walker - There will be plenty of room . Councilwoman Valentino - Will the right of way piece we are not going to convert still be land owned by the Town ? Mr . Walker - Definitely . Councilman Niklas - Will it still be considered general purpose land ? If we are not converting it would it remain general purpose , correct ? Mr . DuBow - It will remain general purpose . Mr . Walker - Technically speaking we should go through a formal subdivision process . Now we have two parcels , one park land and the other general purpose . I suppose I could approve that minor subdivision as Town Engineer , right ? Mr . DuBow - You may want to have it surveyed and have a map formally modified showing the portion which remains general purpose land and the new portion designated as park . Mr . Walker - The only reason that particular piece of land will remain general purpose land is so the Town could build a road or allow someone else to build a road under our direction . It will still remain under the Town s control . 10 TBM 7 / 10 / 95 Councilman Niklas - For the record , there are presently no plans to do that . That is very important to make clear at this time Options are open for future use . Councilwoman Valentino - I just wanted this to be part of the minutes and discussion . A Roll Call vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye , Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . Councilman Klein - Does a copy of this go to the Planning Board ? Ms . Noteboom - It can if you would like , yes . Councilwoman Valentino - I would like to thank the Board for establishing this park . It has been near and dear to my heart for a long time . I have been annoying people over the years and just want to thank you all . Agenda Item N�o . 15 - Consent Items : Resolution No , 129 : Motion made by Councilwoman Grigorov , seconded by Councilman. Niklas approving and / or adopting the Consent Agenda Items resolution numbers 15 ( a ) to 15 ( k ) as presented . A vote on the! resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . Resolution No , 129 ( a ) Approval and adoption of the official minutes of the Town Board for the regular meeting held on June 12 , 1995 and a special meeting held on June 26 , 19950 Resolution N ) , 129 ( b ) : Authorizing payment of said vouchers as numbered and listed for the Town of Ithaca . Resolution No , 129 ( c ) : Authorizing payment of said vouchers as numbered and listed for Bolton Point , Resolution No . 129 ( d ) : Authorizing and directing the Records Management Officer to dispose of the records as described in the listing presented according to the procedure developed by SARA . Resolution No . 129 ( e ) : Approving the attendance of Town Justice Raymond Bordoni and Court Clerk Suzanne Bordoni at the Summer Continuing Judicial Education program . 11 TBM 7 / 10 / 95 Resolution No . 129 ( f ) : Approving the attendance of Sherwin M . DiSanto at the " Legal Aspects of Recruiting and Interviewing " seminar . Resolution No . 129 ( 8 ) : Approving the attendance of Fred Noteboom to the New York State Association of Town Superintendent of Highways annual meeting . Resolution No , 129 ( h ) : Approving the attendance of Joan Lent Noteboom to the " Supervising and Managing People " seminar . Resolution N ) , 129 ( 1 ) : Approving the attendance of Fred Noteboom and Gail Kroll at the Spectrum Computer Training conference . Resolution Na . 129 ( j ) : Designating October 16 , 1995 until finished as the Fall brush pick up date and November 6 , 1995 until finished as the Fall leaf pick up . Resolution No 129 ( k - 1 ) : Authorizing water bill credit to be refunded to Shirley Wen , account # T - 3722 . Resolution Nog 129 ( k - 2 ) : Authorizing water bill refund to David Greis , account # B - 163 . Resolution No . 129 ( k - 3 ) : Authorizing benefit assessment refund to Carl E . Sgrecci , Shalebrook Development Corp . Aqenda Item No . 16 - Consider Tompkins County Solid Waste Fee Being Added to the Tax Bill : Mrs . Noteboom - You have before you a memorandum I received from Attorney Barney today regarding this issue . I interpret his memo , as a lay person , that at a minimum , the Town Board could enact a local law regarding the addition . My impression from his letter is he is not comfortable with that . Councilman Niklas - Why don ' t we ask the Town Attorney ' s representative what Mr . Barney meant . Mr . DuBow - I: believe John ' s letter was in part a response to legal research in the memo issued by the County Attorney . I think John took a look at the cases cited and his concern is although those cases do make reference to it being permitted for a municipality on their town tax bill if in fact it is a solid waste fee that is tied to the Town . The difference here is this is a County fee and not really for the benefit of the Town but rather the County . His concern , as expressed here , is that there does not appear to be clear authority for the Town to collect that fee on behalf of a different governmental entity . With that issue and others it is not clear . There is also the logistical question of the payment of 12 TBM 7 / 10 / 95 the Town bill on an installment basis versus one payment , which as we understand. it , the computer system is not capable of handling . There is clearly some ambiguity as to whether the Town can legally do it and where it said they can there appears to be one instance where it was adopted by a local law . His feeling is , from the Town ' s perspective , that would be the safest way both to ensure public comment and to ensure it is adopted properly . Councilman Niklas - Dooley Kiefer attended the last Town Board meeting as our County Rep . She stated her impression was the T . C . Board of Representatives was satisfied that placing this fee on the tax bill was not a legally contentious issue . Ms . Livesay - That is what we have found . Councilman Niklas - It was noted in the minutes of the last meeting my question to Ms . Kiefer regarding the possibility of the Attorneys meeting to settle this issue . As you can hear tonight , there clearly is a difference of opinion . Ms . Livesay - The legal issues have also been shifting gradually over time . Whether we could legally add the fee , whether the Towns can collect it in various ways and then the various other issues . As these have; come up , the County Attorneys have assured the Board of Reps it can be done . Councilman Niklas - Have the County Attorneys asked the State Comptroller for an opinion ? Ms . Livesay •- An opinion on what ? Certainly when we came up with the fee , he got Comptroller ' s Opinions saying we could legally collect the annual solid waste fee . Mr . DuBow - I think what you are indicating is that your attorneys have cited two previous comptrollers decisions that they believe support the County ' s ability to have the Towns bill and collect the fee . Councilman Niklas - That is precisely the point . Mr . DuBow - I do not believe there has been a current determination and again those cases appear to be situations where the Comptroller has approved a Town billing and collecting a solid waste fee or a similar fee when it is in fact a fee proposed for the benefit of that town . Ms . Livesay - At the time we were doing it , that was an answer in terms of our doing it and collecting it as a County . Normally solid waste has been the Town ' s problem . Tompkins County was very advanced in taking the problem off the hands of the Towns some 20 13 TBM 7 / 10 / 95 years ago . Other counties have been doing it for the last five or six years as the Towns could not handle it and so it has become a County problem . The solid waste facility this fee was addressing was a Town facility because that is what provided that service . The interpretation we got , as I recall at the time , was that while it was an opinion for a town it applied also to the County . I do not think it really addresses that issue . I am gathering legal issues all of the time and I will take these issues to the County Attorney and get something very clearly defined . Supervisor Whitcomb - That is what we need . We need to have the attorneys agree on what the best course of action is to be taken . Councilman Niklas - This gets back to my comment to Ms . Kiefer . A forum where the Town Attorneys and County Attorneys could discuss these issues . There is room for conversation . Ms . Livesay - That is right . There are eight other Towns and the City of Ithaca involved as well . I am trying to pull this all together so we can get as much information out . Supervisor Whitcomb - The legality of collecting the fee is the first thing , then the co - mingling of funds together . Ms . Livesay - That was addressed and I believe they feel they have the answers . The computer program would help with these . Supervisor Whitcomb - What is the worst that could happen if we were to proceed to collect this fee and someone challenged it and we had a ruling from some higher authority it was not legal ? Mr . DuBow - You would need to " undo " the process . As John Barney points out , }: t is a technical " misdemeanor " for tax bills to be issued with materials not permitted . I think the more cautious approach and I understand timing is an issue , is to establish a dialogue . You mentioned Ms . Livesay , that the co - mingling of funds is proper . I do not think that is so . Councilman Ni. klas - I would like to encourage the Town and other Towns ' legal advisors to enter into a discussion with the County Attorneys to come to a consensus quickly . Supervisor Whitcomb - It would be proper if the County Attorney ' s Office took the lead in organizing a meeting with the Town Attorneys in order to address these issues . The Supervisors and Town Clerks should be invited to attend as well . Councilwoman Valentino - I am concerned with the issue of the proposed software not allowing a taxpayer the option of refusing to pay the solid waste fee if they chose to pay the installment . This 14 TBM 7 / 10 / 95 is really worrisome . Ms . Livesay This was discussed at this mornings meeting . The result was the computer program could not handle this and a hand generated bill would need to be done . Mrs . Noteboom - Are you saying then if someone refused to pay the fee and chose the installment method , that payment would be handled by hand rather than the computer ? Ms . Livesay - That is my understanding of what was said . They did not seem to think there would be that many County wide . Councilman Niklas - I do not think this is the venue for solving those points . Ms . Livesay - The problem is that while the computer software is very versatile in keeping track of a lot of information this was the one thing it could not do . Councilman NJ: klas - Any good software programmer could modify the program . Ms . Livesay - I wish you would talk to Dean Eckstrom regarding it . Agenda Item No . 12 - Public Hearing to Consider a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations : The Supervisor opened the public hearing at 6 : 30 p . m . The Supervisor postponed the public hearing until agenda item # 16 is completed . Agenda item No , 16 - -Resumed . Mrs . Noteboom - You said earlier that part of the reason they were doing this was to facilitate the new laws regarding the past due taxes for the County . This is not what we were told over a year ago when this wa :s first raised . I would like you to know it has grown in many instances . Ms . Livesay -• We have legislation that changed regarding the taxes , Mrs . Noteboom - A year ago we were told the reason they wanted to put the solid waste fee on the bill was to save money . Since it cost a great: deal of money to send out the bills and they were mailing them, at the same time as the taxes this could save . My question is how can it be saving money when the County is going to buy each town a new computer , software , and printer to collect this 15 TBM 7 / 10 / 95 fee and what fund will that be coming out of to pay for them? Ms . Livesay - It will be coming out of the Solid Waste Fund . Dean Eckstrom has prepared the information . It is my intention to have all of that information when we get together . I think it would be good to have attorneys deal with the legal issues ahead of time . Supervisor Whitcomb - Absolutely , otherwise we are just going to spin our wheels like we have done at every other meeting we have gone to . There is no point in having a meeting if nothing is resolved . Mrs . Noteboom - Is it possible for each of the clerks to get the proposed contract before the meeting ? Ms . Livesay - Yes . I will send out a packet of all of the information that I can pull together , not just the contract but the financial justification , answers to the legal questions , and the rest of it . Mrs . Noteboom - One other thing I believe was a very important point was the fact the County started last year charging the Towns for the printing of the tax bills which they had not done before . Dean informed us at the last meeting we would still be charged for the total cost . I feel that is something that some of the other towns have a problem with as well . There should be some negotiation in that respect . Ms . Livesay - But those bills are both Town and County tax bills . Mrs . Noteboom - But this would be a charge that was never on the bills before . Supervisor Whitcomb - The bottom line is it is a waste of time to discuss this until the attorneys agree and the legal issues are resolved . Then get the Town Supervisors and Clerks back together for further discussion . Ms . Livesay -- That is my intention . I am hearing more legal issues now than I heard as of this morning ' s meeting and if any others come up please let me know . Agenda Item No . 12 - Resumed : Public Hearing to Consider a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations : The Supervisor reopened the public hearing at 6 : 41 p . m . The Town Clerk had proof of posting and publication . 16 TBM 7 / 10 / 95 No persons came forward wishing to be heard during the public hearing . The Supervisor closed the public hearing at 6 : 42 p . m . Councilman Niklas - The draft legislation comes from the Codes and Ordinance Committee at the direction of the Zoning Board of Appeals . The! COC presented the Town Board with the background information the ZBA provided and the Building Department provided a report on the number of requests their office had received for variances in building heights . The ZBA felt by increasing the height this would limit the number of requests they receive . Agenda Item N<) 13 - SEOR Related to a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations : Resolution No . 127 : Motion made by Councilman Niklas , seconded by Councilwoman Valentino 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 neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . A vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried Unanimously . Agenda Item No 14 - Enactment of a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations : Resolution No . 128 : Motion made by Councilman Niklas , seconded by Councilwoman Grigorov enacting Local Law No . 811995 a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations , said Local law shall take effect 20 days after its adoption or the date filed in the Office of the Secretary of State of the State of New York , whichever is later . A Roll Call vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Motion carried . Agenda Item N2 . 17 - Consider Chase Lane Cul - De - Sac : Mr . Kanter - 'This relates to the Chase Farm Subdivision which in Phase I , 51 Lots were built and when Phase II was proposed , an additional 49 lots for a total of 100 . Somewhere in the process of Phase II , being reviewed by the Planning Board , it was discovered there was a large area of wetlands in that area . ( See attached ) 17 TBM 7 / 10 / 95 Discussion followed with Mr . Kanter explaining as he referenced a map . We are discussing it this evening for a couple of reasons . One is the correspondence received from the Sawyers who own a 10 acre parcel and have been interested in the happenings in Chase Farm . They would like to subdivide some of their parcel . At this time they do have access from Ridgecrest Road . Theoretically they could put a cul - de - sac in and build a number of lots there . For some reason when Phase I of the Chase Farm Subdivision was approved the Sawyers ' parcel was separated by a thin strip of land resulting in the lack of direct access or possibility of access to Chase Lane . Last year , Mr . Walker , Mr . Noteboom , Mr . Schoch and myself made a field visit to assess the road situation at Chase Farm and what possibilities were available to connect the end of Chase Lane . We are at this point asking this Board for some direction as to what would be appropriate for the Town to pursue in terms of whether it would be appropriate to provide some kind of additional access or to pursue the possibility of a small park to be added . This would require some discussions with area landowners . Councilman Niklas - Are lots numbered 50 and 51 developed ? Mr . Kanter - Yes . They are all part of Phase I . Councilman Niklas - Are all of these lots developed then ? Mr . Kanter - There are several vacant lots in the Phase I area . The vacant land at the end is owned by the Sawyers and anther parcel owned by the Flores ' . Councilman Niklas - Is the open space where the arrow goes part of the Sawyer property ? Mr . Kanter - That is part of the Flores ' parcel . Councilman Niklas - So the checkered area you eluded to as possible extension is on the Flores ' property , correct ? Mr . Kanter - Yes . It would be ideal if we could have this just happen and not spend any money . The best thing that could happen would be to extend Chase Lane slightly further provide approximately 1 / 2 acre of park area to serve the Phase I Chase Lane residents and extend the walkway to access the park . The walkway would cross over and serve the residents of the new Chase Pond , Hospicare area , connecting with the Deer Run Subdivision . It hopefully would be a continuous pathway network in serving the whole residential community . 18 TBM 7 / 10 / 95 Councilman Niklas - Even if the Sawyers ' or the Flores ' are willing to sell some property to enable the Town to do this , essentially we find the Town using taxpayers ' money to deal with an ill conceived development by a developer who I feel has " bungled " the situation . Now the Town is being asked to bail them out and expend monies . Councilman Klein - I am not sure that is entirely true . The Planning Board approved Phase II . Mr . Walker - The whole subdivision had preliminary subdivision approval . The developer elected to do Phase I , 51 lots , first which is normal . They finished Phase I with some problems . One of the original owners of the group , as part of compensation for breaking up the partnership which did the initial phase , received title to the area of land , which is Phase II , to recoup his losses . Phase II was proceeding along until the wetlands issue was raised . Councilman Niklas - Are those wetlands in this area ? Mr . Noteboom - They are just beyond the park site . Councilman Niklas - So it is south of where it is designated possible park on the map . Councilman Klein - The Planning Board had agreed to this and the Phase II was stymied not because of the developer but because of the wetlands which were not originally delineated . Mr . Walker - The developer thought he had to go ahead with the project and came in with the Phase II proposal at which time the Planning Board mentioned the wetlands . At that point the developer said I can not; afford any legal problems and withdrew the proposal . Mr . Kanter - The wetland issue was at a time when the Federal definition and regulations of wetlands was changing . The developer got caught up in the technical situation . Supervisor Whitcomb - Tessa Flores bought him out and she has no desire to develop on a large scale . She might want to sell two or three lots . The Sawyers are facing retirement and would like to sell their parcel for development however there is no access to the back lot unless they build a road themselves , which they cannot afford to do . Councilman Klein - They were dealt out of it anyway . You stated that in the original subdivision they did not have a right of way to the road . 19 TBM 7 / 10 / 95 Mr . Walker - That was a pending lawsuit . One of the developers had made an offer to the Sawyers to purchase their land , they did not want to talk to him and a dispute resulted . The developers then said we won ' t let you connect to our road . Supervisor Whitcomb - So we can solve that . It is Town general purpose land . Mr . Walker - I do not think the Town Planning Board would have approved it without the connection . Supervisor Whitcomb - There is something in it for everyone . If we could get everyone together , if Ms . Flores would like to develop 2 or 3 lots , if the Sawyers would give us a right of way back to Ridgecrest Road and we were to build this road , then everyone wins . Councilman N:iklas - If the Sawyers ' and Flores ' want to have access , then can ' t we ask them to contribute some property ? Mr . Walker - That is what we are talking about . Supervisor Whitcomb - How many feet of Town road are we talking about ? Mr . Walker - Approximately 400 to 500 feet of tarred road . It would cost approximately $ 100 per foot without any utilities . Supervisor Whitcomb - We suggested to the Sawyers we all get together to see if we could reach some type of agreement . What we wanted from the Town Board was a sense of how far you were willing to go . Councilman Niklas - What would the Supervisor and staff think as reasonable ? What is the Town ' s position in the negotiation ? What would you want ? Supervisor Whitcomb - We would want a right of way across the Sawyers property at Ridgecrest Road and a park site . Would we want a contribution towards the construction of the road ? Mr . Noteboom - Not at this point as we would need access to serve the development at the park site . And for the emergency access road , we would need to be able to reach it . I think the staff is proposing they give us the land . Councilman Conley - You are talking about an emergency access if the Town were to go in and do Town work . We need to think about emergency vehicles as well . 20 TBM 7 / 10 / 95 Councilman N:Lklas - I will defer to the judgement of the Supervisor and anyone else is involved . I would recommend the Town enter the negotiation and in addition to asking for the property , ask for a small contribution for the road . If you put the road in then the Flores and Sawyer parcels would be substantially more valuable . Certainly something to defer the cost to the Town . Mr . Walker - The Town ' s major interest is the road and park site . Councilman Niklas - Sure , but the residents benefit from it . Mr . Walker - Just building this road does not make them sellable lots . We are! not including the cost of the utility extensions as part of that . The owners of the land would be responsible for the utilities if they were to consider selling them . Councilman Niklas - Are they permitted to install septic fields and wells ? Mr . Walker - If they wanted to make it one lot , then yes . If they wanted four or five lots then they would need to procure municipal utilities . That would be their option . Either to sell as one lot with a well and septic or subdivide into 4 or 5 parcels and pay the cost of extending municipal utilities . Councilman Niklas - Where do the utility lines enter ? Mr . Walker - The water ends at the end of the right of way and the sewer ends up in front of lot 72 and behind to the left of lot 51 . Councilman Klein - Ridgecrest Road has utilities , right ? Mr . Walker - Ridgecrest has water and sewer on it . Councilman Niklas - If we build the road , you can be sure they will come in with. a subdivision request and a request to extend the utilities . When they request to extend the utilities , who pays for that ? Mr . Walker - The developer/ owner would be responsible . Councilman Klein - Is there a house on the Sawyer parcel ? Mr . Walker - The Sawyers house is on Ridgecrest Road . They have expressed the desire to be able to sell 3 or 4 lots off the back of the parcel and leave one large lot in the front . Councilman Klein - Then go just on the Chase Lane frontage . 21 TBM 7 / 10 / 95 Supervisor Whitcomb - I am not sure they fully understand the cost of extending the utilities . Councilman Conley - I like the idea of the park and having another access . The consensus was to defer to the Town Supervisor and staff to discuss the possibilities with the respective parties . Agenda Item No 18 - Consider Change Order for Judd Falls Road Reconstruction Project : Mr . Walker - 'There are two components to the project , one for the Town ' s costs and one for Cornell costs . Item # 1 is the Town ' s share for some additional catch basins . As we got in to dismantling some of the old basins we found they were in poor shape so we are replacing them at this time to minimize problems in the future . We have added three new basins to improve the drainage which we were not aware would be needed until the work had progressed . Item # 2 is replacement of insulation to a water main which needs to be done because of Cornell ' s work . The additional 100 feet of water main is Cornell ' s responsibility . Cornell has requested that at the intersection of Tower Road and Judd Falls Road the curbing be recessed to provide handicapped access ramps to meet ADA standards , the cost of which will be incurred by Cornell ; also resurfacing the walkway owned and maintained by Cornell , which runs between Tower Road and the Plantations . There is one catch basin needing replacement due to the realignment of the water main . For some reason the original water main was steam pipe , welded steel pipe which is non resistant to corrosion . Councilman K1E� in - Has that been replaced ? There is a pipe across there now that: has been temporarily supported . Mr . Walker - The pipe has not been replaced yet as they have been sandblasting the existing pipe arch then coating and painting it . Councilman Klein - There is an abandoned pipe . . . Mr . Walker - That is not an abandoned pipe , that is an active gas main . It is a main gas line . Councilwoman Crrigorov - So Cornell is paying for # 4 , # 5 , # 6 right ? Mr . Walker - Right . The total Town cost for this change order is $ 7 , 212 . 50 and Cornell ' s cost is $ 13 , 381 . By our agreement with them they havE! agreed to pay that . Resolution No . 130 : Motion made by Councilwoman Valentino , seconded by Councilman Niklas authorizing Change Order # 1 to the 22 TBM 7 / 10 / 95 contract for the Reconstruction of Judd Falls Road to DeNinis Construction , Inc . as noted in the resolution . A vote on the resolution resulted as follows . Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Motion carried . Agenda Item No 19 • Discuss Sale of Excess Capacity from the Ithaca Area Wastewater Treatment Plant ( IAWWTP ) to the Town of Dryden : Mr . Walker - In the Intermunicipal Agreement that was created when the IAWWTP was built the three partners agreed that if one partner needed additional capacity they could purchase it from excess capacity the other partners had . Dryden has created the Turkey Hill Sewer District and also the Snyder Hill Sewer District . They would like to purchase 100 , 000 gallons per day capacity from the Town of Ithaca to serve their increased service areas . That would bring their ownership of the plant to just under 3g . Supervisor Whitcomb - The sewer service agreement is a side issue . On the chart which indicates the amount of usage of each of the partners of the plant , you can see the Town of Dryden is approaching its allotted capacity . Part of the agreement is to sell to the partners if there is excess capacity and it is my understanding there is . There are other agreements which need to be worked out , among them the agreement. of the transmission of the sewage through our lines and also SOME' payment from the Town of Dryden for the use of the Eastern Heights Park by Peregrine Hollow residents . Councilwoman Valentino - How have the discussions gone with them regarding payment for the use of the Eastern Heights Park for Peregrine Hollow ? Supervisor Whitcomb - They haven ' t . We just received this from Rich within the last couple of weeks and I have not had the opportunity to talk to John Barney regarding it . Councilman Niklas - If we agree to this resolution which is not yet written , we have no bargaining chip with them . Mr . Walker - What we are discussing now is the sale of capacity in the plant to Dryden . We have an obligation to do that by our agreement for the IAWWTP . Councilman Conley - Then we cannot use this as a hostage . Mr . Walker - That particular agreement says that if one of the 23 TBM 7 / 10 / 95 partners has the need for additional capacity the other two partners are obligated to sell it to them . Councilman Niklas - If true , then we have nothing to discuss . Mr . Walker - I included a draft agreement in your packets tonight which is a draft sewer service agreement . This we will not be approved until we have reached a satisfactory conclusion with Dryden regarding the Peregrine Hollow and Eastern Heights Park issue . Supervisor Whitcomb - How soon does Dryden need our approval for this ? I would feel more comfortable if we had a prepared resolution . Mr . Walker - I will prepare a resolution with the necessary numbers etc . . . This SJS resolution was asking each governing body of the Towns to consider the sale and approving this . I will report to the SJS we are preparing a resolution to approve the sale and will ask the City Comptroller for the cost figures . Supervisor Whitcomb - In the meantime I could have my discussion with Supervisor Schug of Dryden regarding the other issues . Additional Agvenda Item # 1 - Ratification of Emoyment of Kathleen Ouinn : Mr . Kanter - Ms . Quinn is working on the Inlet Valley Archeological Survey program . Last fall the Board approved additional work for completion of the report and had agreed in concept to continue into the spring of 1995 . We did budget for this however the necessary resolution authorizing the spring work to occur was overlooked . Resolution No . 131 : Motion made by Councilwoman Valentino , seconded by Councilman Niklas ratifying the continued employment of Kathleen Quinn as a temporary part - time employee through June 30 , 1995 at a rage of $ 10 . 00 per hour and not to exceed $ 610 . 00 . A vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Motion carried . Additional Agenda item No 2 - Acknowledgement of SCLIWC Resolution Related to the Creation of Positions Pursuant to Civil Service Laws : Resolution No . 132 : Motion made by Councilwoman Valentino , seconded by Councilman Conley acknowledging the resolutions enacted 24 TBM 7 / 10 / 95 by the SCLIWC on July 6 , 1995 entitled " Creation of Positions Pursuant to Civil Service Laws Creation of Department Head Positions " . A vote on the resolution resulted as follows : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Motion carried . Ac7enda Item No . 3 - EXECUTIVE SESSION : Motion made by Councilman Niklas , seconded by Councilman Conley to move in to Executive Session to discuss property acquisition , pending litic�ation and personnel issues . Carried unanimously . The Board began Executive Session at 7 : 18 p . m . Motion made by Councilman Niklas , seconded by Councilman Conley to resume regular session . Carried unanimously . The Board resumed regular session at 8 : 25 p . m . No action was taken as a result of the Executive Session . Agenda Item ZJo . 20 - ADJOURNMENT : As there was no further business to come before the Town Board a motion was made by Councilman Niklas , seconded by Councilman Conley to adjourn the meeting . Carried unanimously . The Supervisor adjourned the meeting at 8 : 26 p . m . Respectly submitted , oan Lent Noteboom Town Clerk * * * Next Regular Meeting - August 7 , 19950 * * * * Minutes transcribed by Betty F . Poole 25 �zy OF 1p _ a TOWN OF ITHACA 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 7c . Responsibility for the Repair and Maintenance of Bridges Resolution No . 124 WHEREAS , in 1946 , pursuant to the New York State Highway law , the Tompkins County Board of Representatives resolved to take over the bridges having a span greater than 25 feet located outside of the City of Ithaca ; and WHEREAS , Tompkins County , through its Department of Public Works , has had the responsibility for repair and maintenance of bridges having a span greater than 25 feet located outside of the City of Ithaca over the past 49 years ; and WHEREAS , repairing and maintaining these bridges is an essential function of Tompkins County government which involves responsibility for the safety and well being of all Tompkins County residents ; and WHEREAS , The Tompkins County Board of Representatives has ceased allocating sufficient funds to properly maintain the Tompkins County bridge system leading to the closure of several bridges and the inevitable closure of others ; and WHEREAS ,, the failure to maintain and repair the bridge system in a timely manner has greatly reduced the life span of the bridges in Tompkins County and tremendously increased the cost of repair ; and WHEREAS ,, the failure to repair and maintain the bridges has led to long detours and limited access to many areas of the County . These detours are not only inconvenient to the residents , but create a dangerous situation for rural residents in that response and return tames for emergency vehicles has been impeded ; and WHEREAS , the failure to repair and maintain the bridges has created a potential liability for Tompkins County in that the danger of accidents and bridge failures is increased ; and WHEREAS , Tompkins County has failed to present a budget or plan which would accomplish either reopening of the closed bridges or preforming the postponed repairs and maintenance on the bridges which are stall open ; and WHEREAS , in preparing the County budget for 1996 , the Tompkins County Board of Representatives is considering passing a new resolution to revoke its 1946 resolution , thereby attempting to avoid its statutory responsibility which it undertook for the repair and maintenance of bridges within the County , to avoid the expense of the repairs and maintenance it undertook to provide and to shift this cost and potential liability to the Towns ; therefore be it RESOLVED , that the Town Board of the Town of Ithaca opposes any attempt by the Tompkins County Board of Representatives to revoke its 1946 resolution in which it assumed responsibility for repair and maintenance of bridges in the County having a span greater than 25 feet located outside of the City of Ithaca ; and be it further RESOLVED , that the Town Board of the Town of Ithaca takes the position that: the Tompkins County Board of Representatives does not have a basis under the law to revoke its prior 1946 resolution which assumed responsibility for repair and maintenance of bridges in the County having a span greater than 25 feet located outside of the City of Ithaca , particularly where Tompkins County has failed to perform its statutorily mandated responsibility for repair and maintenance of the bridges ; and be it further RESOLVED , the Town Board of the Town of Ithaca requests that the Tompkins County Board of Representatives acknowledge bridge repair and maintenance as an essential function of government by preparing a plan for the reopening of the closed bridges and performing the postponed repairs and maintenance on the bridges which are still open ; and be it further RESOLVED , the Town Board of the Town of Ithaca agrees to work with other Towns in Tompkins County to ensure safe and reliable brides for the residents of Tompkins County , MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 (I �'- L: Tz." Joan Lent Not: eboom , Town Clerk a�1y OF I T� _ 9 TOWN OF ITHACA 0 44- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 10 SEQR Adoption of a Resolution to Authorize the Conversion of a Portion of Eastern Heights General Purpose Land to Eastern Heights Park Resolution No . 125 WHEREAS , the Town Board of the Town of Ithaca has proposed a resolution to authorize the conversion of a 5 . 18 + / - acre portion of the Eastern Heights General Purpose Land to Eastern Heights Park ; and WHEREAS , the adoption of such a resolution 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 such resolutions ; and WHEREAS , the Town Planning Staff has prepared a Short Environmental Assessment Form for the proposed action with a recommendation of a negative determination of environmental significance ; now , therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental_ Assessment Form nor an Environmental Impact Statement will be required . MOVED : Councilman Niklas SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 1. 0 , 1995 Joan Lent Noteboom , Town Clerk OF 1 ,% ti a TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 11 RESOLUTION ESTABLISHING AN ENLARGED EASTERN HEIGHTS PARK Resolution No . 126 WHEREAS , on May 21 , 1976 , Kings Lane Company conveyed to the Town of Ithaca for public park purposes certain land located in the Eastern Heights subdivision off of Snyder Hill Road in the Town of Ithaca , which lands were more particularly described in such conveyance , which conveyance was recorded in the Tompkins County Clerk ' s Office on May 28 , 1976 in Book 551 of Deeds at Page 620 ; and WHEREAS , said park land has been developed for use and is now known generally as the Eastern Heights Park ; and WHEREAS , on the same date , May 21 , 1976 , Kings Lane Company conveyed to the Town of Ithaca for general public purposes certain additional lands adjacent to the Eastern Heights Park , which general purpose lands are more particularly described in such conveyance , which conveyance was recorded in said clerk ' s office in Book 551 of Deeds at Page 624 ; and WHEREAS , the Town Board wishes to expand Eastern Heights Park by dedicating to park purposes certain of the general purpose lands conveyed to the Town by Kings Lane Company ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , in the County of Tompkins , that the Town Board does hereby establish as additional park land to be incorporated into the Eastern Heights Park the following described property : COMMENCING at a concrete monument at the northeast corner of Block: 7 , Lot 5 , as shown on a map entitled " Boundary and Lot Data Map - Eastern Heights Subdivision - Section 2 " made by John S . MacNeill , Jr . , a licensed surveyor , dated May 7 , 1968 as revised , a copy of which was filed in the Tompkins County Clerk ' s Office on March 19 , 1969 in Map Book F - 7 at Page 35 ; said lot being also known as Town of Ithaca tax parcel No . 57 - 1 - 81138 ; thence southeasterly 60 feet more or less to a concrete monument in the west line of Block 6 , Lot 4 , which lot is now a part of the Eastern Heights Park ; thence south 90 49 ' west along a westerly line of the Eastern Heights Park 68 . 05 feet to a southwest corner of said Eastern Heights Park ; thence south 820 2 ' east along a line of Eastern Heights Park 175 . 09 feet to the southeast corner of said Block 6 , Lot 4 which has now been incorporated into and made a part of the Eastern Heights Park ; thence south 70 58 ' west along a westerly line of the Eastern Heights Park 759 . 5 feet , more or less to a point , which point is the south line of Block 5 as shown on the above - referenced MacNeill map ; thence north 810 51 ' west 359 . 7 feet to a point 60 feet easterly from the west line of the so -- called general purpose lands of which this described parcel forms a part ; thence north 90 47125 " east and parallel to the west line of said general purpose lands a distance of 210 feet to a point ; thence north 810 51 ' west 60 feet to the west line of said general purpose lands ; thence north 90 49 ' east 523 . 98 feet to a point which point is the southwest corner of Block 7 , Lot 5 ( tax parcel No . 57 - 1 - 8 . 138 ) ; thence south 800 11 ' east along the south line of said tax parcel 150 . 02 feet to a point ; thence north 90 49 ' east along an east line of said tax parcel 102 . 6 feet to the point or place of: beginning . Being a part of the premises described in the deed from Kings Lane Company to the Town of Ithaca dated May 21 , 1976 and recorded in the Tompkins County Clerk ' s Office in Book 551 of Deeds at Page 624 ; and be it FURTHER RESOLVED , that such conveyance and establishment of an expanded Eastern Heights Park is pursuant to Section 220 of the Town Law of the State of New York ; and be it FURTHER RESOLVED , pursuant to Section 220 that this resolution is subject to a permissive referendum in the manner provided in Article 7 of the Town Law ; and be it FURTHER RESOLVED , that within ten days of the adoption of this resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the resolution and contain an abstract of such act or resolution concisely stating the purpose and effect thereof , such posting and publication to occur in the same manner as provided for notice of a special election , said notice to also specify that such resolution was adopted subject to a permissive referendum ; and be it FURTHER RESOLVED , that the Town Supervisor , the Town Clerk , and the Town Attorney are hereby authorized and directed to take such steps and to prepare and file such documents as may be necessary to effectuate the intention of this resolution . MOVED : Councilwoman Valentino SECONDED : Councilman Conley ROLL CALL VOTE : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aloe ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OF1r _ 9 TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 SOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No , 13 SEQR : Enactment of a Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations Resolution No . 127 WHEREAS , this action is the enactment of a local law amending the Town of Ithaca Zoning Ordinance increasing the maximum height limitations ; 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 July 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 Valentino Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 s� Joan Lent Noteboom , Town Clerk oF rT,� _ 9 TOWN OF ITHACA o�� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y SOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 14 Enactment - Local Law No . 8 / 1995 Zoning Ordinance Amendment - Maximum Height Limitations Resolution No . 128 WHEREAS , the properly advertised public hearing has been held to consider Local Law No . 8 / 1995 a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATIONS " , now therefore! be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact Local Law No . 8 / 1995 a , " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATIONS " , said local law shall take effect 20 days after its adoption or the date it is failed in the Office of the Secretary of State of the State of New York , whichever is later ; 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 SECONDED : Councilwoman Grigorov ROLL CALL VOTE : Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Motion carried . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OF 1P F 9 TOWN OF ITHACA �4t ' 21 0¢� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Items No . 15 ( a ) to 15 ( k ) Consent Agenda Items Resolution No . 129 ( a ) - 129 ( k , 1 - 3 ) BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the Consent Agenda Item resolutions numbers 15 ( a ) to 15 ( k ) as presented . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk lyOFlp TOWN OF ITHACA 21 0¢� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( a ) Town Board Minutes - 6 / 12 / 95 , 6 / 26 / 95 Resolution No . 129 ( a ) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held on June 12 , 1995 , and for the special meeting held on June 26 , 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 , that the Town Board does hereby approve and adopt the said minutes as the official minutes of the Town Board for the regular meeting held May 8 , 1995 , and for the special meeting held on June 26 , 1995 . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OF 1p 9 TOWN OF ITHACA 1 126 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( b ) Town of Ithaca Warrants Resolution No . 129 ( b ) WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . General Townwide Vouchers : No . 269 , $ 19 , 806 . 47 ; No . 270 , 272 , $ 43 , 719 . 25 ; No . 273 ; $ 6 , 018 . 95 ; No . 276 , $ 1 , 518 . 16 ; No . 277 - 316 , $ 301074 . 189 General Outside Village Vouchers : No . 116 , $ 13 , 070 . 64 ; No . 117 , $ 3 , 803 . 98 ; No . 119 , $ 331 . 41 ; No . 120 , $ 13 , 362 . 93 ; No . 121 - 135 , $ 321315 . 60 . Highway Vouchers : No . 149 , $ 10 , 318 . 21 ; No . 150 , $ 4 , 612 . 23 ; No . 152 , $ 9 , 640 . 91 ; No . 153 - 177 , $ 56 , 995 . 51 Water Fund Vouchers : No . 78 , $ 1 , 222 . 86 ; No . 80 , $ 86 . 54 ; No . 81 , $ 1 , 340 ,. 25 ; No . 82 - 94 , $ 307 , 629 . 63 . Sewer Fund Vouchers : No . 75 , $ 1 , 522 . 96 ; No . 77 , $ 86 . 53 ; No . 78 , $ 2 , 001 . 11 ; No . 79 - 89 , $ 10 , 418 . 19 . Lighting District Vouchers : No . 53 - 55 , $ 1 , 148 . 43 Fire Protection Dist , Vouchers : No . 81 , $ 723 , 060 . 00 Capital Projects Vouchers : No : 42 - 43 , $ 14 , 506 . 49 MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye , Councilman Conley , aye . Carried unanimously . } DATED : July 10 , 1995 . Joan Lent Noteboom , Town Clerk OF 1P F 9 TOWN OF ITHACA 1 126 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( c ) Bolton Point Warrants Resolution No . 129 ( c ) WHEREAS , the warrant with the following numbered listing of vouchers for Bolton Point , Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . Operating Fund Vouchers : No . 411 $ 71708 . 87 No . 412 500 . 00 No . 413 23 , 284983 No . 414 - 459 121 , 151 . 96 No . 460 22 , 867 . 81 No . 461 23 , 042 . 17 MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED , July 1. 0 , 1995 Joan Lent Noteboom , Town Clerk OF 1p F 9 TOWN OF ITHACA 2104~� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( d ) Records Management Disposition Listing Resolution No . 129 ( d ) WHEREA..S. 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 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 : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 1. 0 , 1995 Joan Lent Noteboom , Town Clerk OF 1p 9 TOWN OF ITHACA 2104~� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( e ) Attendance Seminar Unified Court System - Judicial Education Program Resolution No . 129 ( e ) WHEREAS the Unified Court System Office of Management Support is conducting a Summer Continuing Judicial Education program to be held at the St . Lawrence University in Canton , New York on July 24 to July 28 , 1995 ; and WHEREAS , the non - lawyer justices who have not completed the basic certification course must attend this program ; and WHEREAS , the Unified Court System will also sponsor a two - day training session for court clerks at the said seminar ; and WHEREAS , it is mandatory that Town Justice Raymond Bordoni attend the said seminar , and Court Clerk Suzanne Bordoni has requested she be able to attend the court clerk sessions at the said seminar ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attendance of Town Justice Raymond Bordoni and Court Clerk Suzanne Bordoni at the Summer Continuing Judicial Education program sponsored by the Unified Court System on July 24 , 1995 through July 28 , 1995 . Cost of attending the seminar for both Judge Bordoni and Mrs . Bordoni shall not exceed $ 775 . 00 which includes lodging , meals , and mileage . Said expenses to be charged to account A1110 . 4031 Town Justice Conferences and Seminars . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 1_ 0 , 1995 / �aZZLZ rY` Joan Lent Noteboom , Town Clerk OF1r F _ 9 TOWN OF ITHACA 21 04`� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( f ) Attendance Seminar " Legal Aspects of Recruiting and Interviewing " Resolution No . 129 ( f ) WHEREAS , a one day seminar entitled , " Legal Aspects of Recruiting and Interviewing " , will be held on August 24 , 1995 in Syracuse , New York ; and WHEREAS , the Personnel Committee Chair and Town Clerk have determined it will be beneficial for Sherwin DiSanto , the Human Resource Specialist to attend the said seminar ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attendance of Sherwin M . DiSanto at the , " Legal Aspects of Recruiting and Interviewing " , seminar to be held at the Sheraton Inn , Syracuse , New York on August 24 , 1995 , at cost not to exceed $ 200 . 00 , which includes registration , meals , and mileage . Expense to be charged to account A1430 . 400 , Personal Contractual , MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye , Councilman Conley , aye . Carried unanimously . DATED : July 1. 0 , 1995 Joan Lent Noteboom , Town Clerk OF 1p 9 TOWN OF ITHACA 1 126 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( g ) NYS Assoc . of Town Supts . of Highways 66th Annual Conference Resolution No . 129 ( 8 ) WHEREAS , the New York State Association of Town Superintendents of Highways , Inc . ' s annual meeting is being held on September 19 through September 22 , 1995 . WHEREAS , Highway Superintendent , Fred Noteboom , wishes to attend said conference ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Fred Noteboom at said conference ; and be it further RESOLVED , the cost of attending said conference shall not exceed $ 500 and shall be expended from account A5010 . 400 . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 12 , 1995 Joan Lent Noteboom , Town Clerk fly OF l p a TOWN OF ITHACA 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( h ) Attendance , " Supervising and Managing People " Seminar Resolution No . 129 ( h ) WHEREAS , Cornell University will be conducting a series of Human Resource and Management Development programs during the fall / 1995 and spring / 1996 ; and WHEREAS , one of the programs being offered September 14 - 15 , 1995 is entitled , " Supervising and Managing People " ; and WHEREAS , the Town Supervisor has recommended attendance at this seminar by the Town Clerk in order that she may strengthen her supervisory skills in relation to her added duties as Director of Administrative Services ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attendance of Joan Lent Noteboom , Town Clerk at the , " Supervising and Managing People " , seminar to be held at Cornell University on September 14 - 15 , 1995 . Tuition for the said seminar shall be $ 645 . 00 to be expended from account A1410 . 400 , Town Clerk , Contractual , MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 L+ ,r , Joan Lent Noteboom , Town Clerk I OF I r F a TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item 15 ( 1 ) Attendance at Spectrum Computer Training Resolution No . 129 ( i ) WHEREAS , the Highway / Parks Department recently purchased new software to enable the Department to upgrade the signs program , vehicle maintenance records , etc . and ; WHEREAS , Spectrum Computer Tech , provides a training , once a year for user of their software , in Niagara Falls , NY and ; WHEREAS , the Highway Superintendent , Fred Noteboom , and Secretary , Gail Kroll wishes to attend said conference ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby pp b approve the attendance of Fred Noteboom and Gail Kroll at said conference ; and be it further RESOLVED , the cost of attending said conference shall not exceed $ 400 and shall be expended from account A5010 . 400 . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 12 , 1995 r.J ' Joan Lent Noteboom , Town Clerk OF 1p TOWN OF ITHACA 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( j ) Fall Brush and Leaf Pick Up Resolution No . 129 ( j ) WHEREAS , the Highway / Parks Department provide yard refuse disposal services for Town of Ithaca residents ; and WHEREAS , twice annually the Highway / Parks Department will collect brush and leaves from the roadside ; now therefore be it , RESOLVED , that starting on October 16 , 1996 , until finished , will be the dates when the Highway / Parks Department will pick up brush , and starting on November 6 , 1995 , until finished will be the dates the Highway / Parks Department will pick up leaves . J , MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OF 1p _ F 9 TOWN OF ITHACA 1 126 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( k ) , 1 Water Billing Refund - Account No . T - 3722 Resolution No . 129 ( k , 1 ) WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission has indicated that a refund be made to Shirley Wen , 796 Long Hill Road , Briar Cliff , New York as a result of a credit balance on her water billing for the property located at 162 Westview Lane , Ithaca , Account No . T - 3722 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and directs that a refund of the credit balance on Account No . T - 3722 in the amount of $ 52 . 07 be paid to Shirley Wen , MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 ,� Q"A •Lnor,• _ Joan Lent Noteboom , Town Clerk I ty OF ITv 9 TOWN OF ITHACA 2 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 15 ( k ) 2 Water Billing Refund - Account No . B - 163 Resolution No . 129 ( k , 2 ) WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission has determined a refund is due David Greis , 112 Glenside Road , Ithaca. , New York as a result of an overpayment to the water billing Account No . B - 163 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct that a refund be made to David Greis in the amount of $ 685 . 87 ( $ 348 . 69 water , $ 73 . 33 water surcharge ) for the overpayment of the water billing Account No . B - 163 . MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk �1y OFlp F 9 TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No , 15 ( k ) 3 Benefit Assessment Refund Carl E . Sgrecci ( Shalebrook Development Corp . ) Resolution No , 129 ( k , 3 ) WHEREAS , Carl E . Sgrecci ( Shalebrook Development Corp . ) was charged 2 . 15 units of sewer benefit and 2 . 15 units of water benefit on his 1995 tax bill ; and WHEREAS , said property is still owned by Shalebrook Development Corp . ; and WHEREAS , the said landowner has requested a refund and the benefit assessments removed because assessment should not have gone into effect until the property was transferred ; and WHEREAS , taxes have been paid in full for the affected tax parcel ; now therefore be it RESOLVED , the Town Board hereby authorizes a total refund of benefit charge in the amount of $ 348 . 30 , ( $ 172 . 00 for water and $ 176 . 30 for sewer ) to be paid to Carl E . Sgrecci , Shalebrook Development Corp . , 1130 Trumansburg Road , Ithaca , New York 14850 , MOVED : Councilwoman Grigorov SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OFIr a TOWN OF ITHACA 2104}- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y L. OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item No . 18 Authorization for Change Order Number 1 to the Contract for the Judd Falls Road Reconstruction Project Resolution No . 130 WHEREAS , actual conditions of existing drainage structures and utilities on Judd Falls Road have necessitated modification of the original design to include additional drainage structures and additional water main replacement , and ; WHEREAS , the Town Engineer has prepared Plans and Specifications for additional work and obtained cost figures from the contractor as detailed in the Change Order Number 1 to the contract for the Reconstruction of Judd Falls Road in Forest Home , and ; WHEREAS , Cornell University will participate in the project with respect. to repairs to the Pipe Arch through which the Plantations Road passes , and ; WHEREAS , the Town Engineer has recommended this change order to the Contract , with the provision that the cost to the Town and the Cost to Cornell will be distributed as indicated in the attachment to Change Order # 1 ; NOW , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Change Order # 1 to the contract for the Reconstruction of Judd Falls Road , to DeNinis Construction , Inc . MOVED : Counc _"Llwoman Valentino SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 1. 0 , 1995 Joan lent Noteboom , Town Clerk OF I r TOWN OF ITHACA o4�- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 SFOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Additional Agenda Item No , 1 Ratification of Employment of Kathleen Quinn Resolution No . 131 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby does ratify the continued employment of Kathleen Quinn as a temporary part - time employee through June 30 , 1995 , at a rate of $ 10 . 00 per hour not to exceed $ 610 . 00 , charged to account B8020 . 110 . Benefits are limited to the temporary part - time status of the position . MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 1. 0 , 1995 Joal Lent Noteboom , Town Clerk OF I2v F 9 TOWN OF ITHACA 21o�~� 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 273-1783 FAX (607) 273- 1704 Town Board Meeting 7 / 10 / 95 Agenda Item - Additional No . 2 Acknowledgement SCLIWC Resolution Creation of Positions Pursuant to Civil Service Laws Resolution No . 132 WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) enacted two resolutions on July 6 , 1995 to create positions pursuant to Civil Service Laws including the creation of :Department Head positions , and WHEREAS , the SCLIWC Secretary has forwarded a copy of these resolutions -: o the Town Board of the Town of Ithaca for review and any necessary appropriate action ; and WHEREAS , the next step which must be taken by SCLIWC is for the Town Board of the Town of Ithaca to acknowledge the said resolutions ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby acknowledge -the resolutions enacted by the SCLIWC on July 6 , 1995 entitled : Creation of Positions Pursuant to Civil Service Laws Creation of Department Head Position MOVED : Councilwoman Valentino SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilman Conley , aye . Carried unanimously . DATED : July 10 , 1995 Joan Lent Noteboom , Town Clerk OF I r TOWN OF ITHACA. ,pii* �04�- 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 273-1783 FAX (607) 273- 1704 Agenda Item No , 4a SUPERVISOR ' S REPORT - July 10 , 1995 Tax Bills : I attended a meeting sponsored by the county to demonstrate a new tax collection program that would facilitate the addition of the solid waste fee on the tax bill . The program appears to be workable and the provider competent . However , Joan and I again raised legal and political issues that remain unresolved . The County seems determined to move ahead and has set a very ambitious timetable for implementation . We expressed the intent to be cooperative but noted that there did not seem to be enough time to resolve these issues and implement the system before December 1 . Bolton Point : The Commission met to discuss contract revisions to deal with " excess " capacity and sale of water to non -partners . The Town Board will be discussing legal implications of this issue in executive session to seek the advice of the Attorney for the Town . u" Six Mile Creek : The public information meeting on the conservation zones was well attended . While most were supportive , several residents expressed concern about the boundaries and the criteria used for their definitions . New Town Hall : At the invitation of the Mayor , the Supervisor and staff visited the City Youth Bureau building as a potential Town Hall site . The building has intriguing possibilities , depending on initial cost.. , costs of renovations , and the City ' s ultimate intentions . We will discuss this option in executive session to as we compare it with other possibilities . Upcoming : - Fire contract negotiations with Village of Cayuga Heights . Approval of Dryden ' s request for additional sewer capacity . - Continuing discussions with City and Town of Dryden , re : sewer contract . FINAL TOWN ENGINEER ' S REPORT FOR 7 / 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 . The developer is preparing the road base . Sanctuary Woods Subdivision , Sapsucker Woods Road Record drawings and engineering certification by the developer ' s engineer of the water and sewer improvements are pending . The contractor is in the process of construction of the road . EARTH FILL PERMITS .V An earth fill permit for a site on Five Mile Drive with the potential source of fill being - the Rte . 96 Project has been submitted to the - Town . The volum-e of proposed fill involves review by the Planning Board prior to a special approval consideration by the Zoning Board of Appeals . Cornell University has submitted an earth fill permit application for the restoration of the old land fill _ adjacent to the Library Annex in the Orchards area . This site is above the recreation way and Cascadilla Creek and may include some work in wetland areas along with related stormwater management improvements . The proposal also includes improvements to a detention area adjacent to the Life Safety Building on Palm Road , and a new detention area to the east of the campus store building . The volume of proposed fill involves review by the Planning Board prior to a special approval consideration by the Zoning Board of Appeals . 2 WATER PROJECTS The Troy Road and Coddington Road water extension project is complete and final payment has been authorized . The final inspection reports on the three water tanks inspected this Spring are the basis for scheduled tank maintenance plan which will be completed this summer . Painting of these tanks will be budgeted for next year . Survey work required for the evaluation of a proposed new water tank on the East Hill will be completed this Spring and early Summer with the assistance of Cornell student interns . The survey information will be utilized in developing a water system model using the Cybernet computer program . A model for the South Hill water system is currently being developed and will be used to assist in system optimization and reviewing the impacts of several development projects along Danby Road , The Town Engineering staff is continuing to work with the Bolton Point staff to implement the master metering program for connections to the water transmission main . The SCLIWC agreement includes a provision that all connection points on the transmission main to the member municipalities will be metered for the purposes of monitoring water consumption . The Town has the responsibility to construct the meter - site and SCLIWC will provide and maintain the meter . The Town Engineering staff is preparing the plans and contract documents for all of the master metering locations within the Bolton Point system , and will assist the Bolton Point staff in construction administration . SEWER The West Haven Road and Mecklenberg Road sewer extension is substantially complete . The Contractor has completed site restoration work and final payment with a to retainage being authorized . The Town Engineer is continuing to work with the City DPW on a plan for improving the sewage transmission capacity that is j. oini: ly used . One component of an improved sewer system is being incorporated in the NYSDOT project for improvements on Meadow Street and Fulton Street . The city has installed sewer improvements on the Inlet Island , which will tie into the work to be done during the DOT contract . 3 PEREGRINE HOLLOW SEWER DISTRICT The town of Dryden request to purchase IAWWTP capacity for the extension of service to the Snyder Hill sewer district is under consideration by the SJS . Construction of sewer improvements by the developer has not begun . HIGHWAY AND PARKS The Judd Falls Road reconstruction project is proceeding with the installation of storm drainage and pavement underdrains completed . Work on repairing the Plantations Road pipe arch crossing is underway and will be completed shortly . NYSEG has done some tree trimming in preparation for relocating the electric line at the intersection of Judd Falls Road and Forest Home Road . Concerns about the extent of tree trimming have resulted in a review of the power line alignment by NYSEG . NYSEG is holding on future work pending review of the project regarding the scenic highway designation of Forest Home Drive , The Forest Home bridge proj-ect is tentatively scheduled for a contract for construction to be let in October , and the county is confirming construction costs and funding obligations for this - schedule . 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 . / C . \MGM06\CRPTH�06fiGP 1 Agenda Item 4c HIGHWAY SUPERINTENDENT ' S MONTHLY BOARD REPORT , JUN= 1995 TOWN BOARD MEETING , JULY 10 , 1995 Here are some topics of interest which the Highway / Parks Department have been or will be working on with other departments . Christopher Circle The Highway / Parks Department crews have completed the Christopher Circle water tank project . We stayed in contact with the residents while we were working there . As the crews cleaned the ditches in front of each house , they talked to the residents so that they understood exactly what we were doing and why . Our work crews handled this very well , contributing to a more successful project . When the plantings start to grow , we will have a very lovely area that will be much more appealing and easier to maintain . Transportation Plan , Official Hiahwav Mao There is a growing need to complete a comprehensive transportation plan for the Town of Ithaca . This plan would eventually save the Planning Board and the Town Board t i me . It would lay out a network of roads that. will serve TOwi1 res ! d= __ tJ Gllu future developments without overburdening the remaining open spaces . It would help to eliminate the need to review new developmer_ t proposals in relation to the present road network . This topic will he put or_ -. . e Public Works Committee agenda . Bridges in the Town of Ithaca Tompkins County has had many pressures _put on its budge. -. . Bridges are one of the County ' s infrastructure areas that has beer_ funded adequately . This had led to a deterioration of many of the bridges in the County , necessitating the closure of several . she Town of Ithaca has five bridges , two Forest Home bridges , Lick Brook bridge , Renwick Drive bridge , and Buttermilk Falls bridge , in various stager of their life cycle . If the County is successful in returning all maintenance responsibilities of these bridges to the Town , it would put an immediate strain on the Town ' s r = sources . In my limited discussion with the Tompkins County Pubic Works Department staff , they say they are not interested in re _ ieving the County of bridge maintenance . They would like to see t e 7cwns and the County update the 1946 resolution to better _ = _ 1 _ t the structures that are being built tcda . . Bridge ae _ : : s are an example . Today they are a more moncl ure r to the design integrity of the bride -_ ot simply the that existed in the 40 ' s . ghk Agenda Item 4C WORKING SUPERVISOR ' S BOARD REPORT , JUNE 1995 TOWN OF ITHACA _ TOWN BOARD MEETING , JULY 10r 1995 11 The Highway crews continue to prepare roads for surface treating . This includes cleaning ditches , repairing shoulders , hot patching , etc . Also , we have finished working at the Christopher Circle Water Tank site . These General Repairs projects ( along with several minor repairs jobs ) consumed 910 hours of time . 2 . Utility access holes located in the streets have been raised in prepELration for surface treating . This part of the project has taken 176 hours of time . There are only a few more utility access holes to be raised for the streets to be ready for oil and stone . 3 . The Highway crews have also spent a considerable amount of time " hot " patching the roads to be surface treated . This has taken 3 .37 . 5 hours of time . 4 . The Highway crews repaired a water main break during the month of June . This took 20 hours . 5 . Our summer helper , Ray Rose , continues to mow the sides of roads . This consumed 112 hours this month . 6 . Maintenance and repairs of Town vehicles consumed 174 . 5 hours of time . July Highway Prolects 1 . Continue: preparing roads for surface treating . 2 . Start preparing 1996 budget . 3 . Mow roadsides , water tank sties , and easement access for sewer lines . ghk i Agenda Item 4C PARK: AND O_ PEN SPACE MANAGER ' S REPORT , JUNE 1995 TOWN OF ITHACA BOARD MEETING , JULY 101 1995 1 , Mowing 8Lt all park and trail sites required 90 hours during June . Dry weather toward the end of the month slowed growth considerably . 2 . Several areas along South Hill Trail were seeded to wildflowers , 14 hours were spent on these seedings . A small planting job on West Haven Road took an additional 8 hours . 3 . The first round of Roundup spraying was nearly completed at all our mowing sites , requiring 56 hours . 4 . South Hill Trail was topdressed with 108 tons of deicing sand to help cover loose stones which have caused some complaints . This work took 42 hours to finish . We will evaluate the effectiveness of this skim coating during the summer months , with the possibility of repeating the topdressing in the fall . 5 . Several improvements were made at two parks . Wallstone headwalls were installed at the new culvert under Northview Park ' s walkway entrance , along with several sections of cedar rail fence which serve as guard rails over the creek . A routed park entrance sign was installed at Troy Park walkway off Whitetail Drive . These projects required a total of 64 hours . 6 . Christopher Circle tank site was graded , seeded and mulched during the last two weeks of June . Parks staff spent 157 hours on this . 7 . Routine maintenance and equipment repairs totaled 167 hours during June . July Parks Protects : 1 . Tree and shrub plantings at Christopher Circle tank site . 2 . Begin preparing East Ithaca Recreation Way for oil and stone resurfacing . Trail will be closed during working hours . 3 . Water tank site mowing . 4 . Finish first round of Roundup spraying . r 5 . Watering of all trees and shrubs planted this spring . 6 . Finish play structure repairs and begin applying wood sealer . ghk Agenda Item #4d Planning Director' s Report for Tuly 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 Final Subdivision Approval was granted at June 27th Planning Board meeting. Consideration of Final Site Plan Approval is scheduled for July 18th meeting. Planning and Engineering staff have met with applicants to go over final submission materials. Ithacare Senior Living Center, Danby Road The Draft Environmental Impact Statement (DEIS) was accepted as complete by the Planning Board on June 20, 1995 . A public hearing for public comments on the DEIS has been scheduled for July 18, 1995. The Notice of Completion and DEIS has been circulated . Presentation boards with photographic simulations of views of the project are available in Town Hall. Ryder Truck Rental at Judd Falls Plaza, Judd Falls Road and Mitchell Street Preliminary Site Plan Approval was granted by the Planning Board at the June 201 1995 meeting for the proposed rental and outdoor storage of trucks at the existing parking lot behind Ide' s Bowling at Judd Falls Plaza. Applicant will now have to obtain a use variance from the ZBA. Cornell - East Hill Plaza Parking, Judd Falls Road and Ellis Hollow Road Preliminary and Final Site Plan Approval for the proposed parking lot, drainage and landscaping improvements at the north side of East Hill Plaza was considered by the Planning Board at the June 20th meeting. A decision was tabled! until the June 27, 1995 meeting pending the submittal of additional information. Approval was granted at the June 27th meeting. Modification of Conditions, Poyer Subdivision, Evergreen Lane At the June 20, 1995 meeting, the Planning Board modified several conditions relating to the proposed trail at the Poyer Subdivision, including deleting the requirement for installing a culvert at DuBois Road, deleting some of the clearing and grading requirements, and adding a requirement for setting pins to identify the trail right-of-way. Conditions were modified at the request of the Highway and Parks Department and Planning Department because of timing of constructing a trail. Cornell - Maple Avenue Parking, Maple Avenue Preliminary and Final Site Plan Approval for proposed Maple Avenue parking lot I improvements was granted by the Planning Board at the June 27, 1995 meeting, along with a positive recommendation for Special Approval to the ZBA. Bridges of Ithaca., Five Mile Drive and Bostwick Road Preliminary and Final Site Plan Approval for an adult residential care and adult day care facility was granted by the Planning Board at the June 27, 1995 meeting, atlong with a positive recommendation on sign variances . The proposal consists of conversion of an existing single-family house (known as The Old One Hundred) and construction of an addition. Westwood Hills II Sketch Plan, Woolf Lane Planning Board continued discussion of a sketch plan for additional lots at the Westwood. Hills Subdivision, ZONING BOARD SEOR REVIEWS Staff completed the following SEQR reviews for the Zoning Board: Bradley Corbitt, 907 Taughannock Boulevard - Special approval to construct an enclosed -walkway on a non-conforming building/lot. Denmark Development, Inc. , 704 Five Mile Drive - Sign variance to place a 10 square foot sign (maximum 4 sq. ft. permitted) . CURRENT PLA1\FNING DEPARTMENT PROTECTS Planning Department staff is working on the following projects: Conservation Dislxict: Public meeting with area residents was held on June 19th to discuss proposed Conservation District. Approximately 35 people attended. Primary issues discussed included density, boundaries, impact on land values, and affect on existing houses . Planning Committee is considering the comments raised at the public 2 meeting. Fees in Lieu of Parkland : The Codes and Ordinances Committee discussed alternate means of determining fee amounts at the June 7th meeting, and will finalize a proposal at the July 19th meeting. Analysis of MR, Commercial , Industrial and Special Land Use Districts: The Codes and Ordinances Committee has completed an analysis of the above-referenced zoning districts on parcels where no development has occurred. Recommended rezonings will be presented to the Planning Board for their recommendations probably in August. Parks , Recreation and Open Space Plan Update : Recommendations, cost estimates and 5 Year Capital Plan are being discussed with Highway, Parks and Engineering. The overall plan update will be discussed with the Public Works Committee and Conservation Board at upcoming meetings. No additional field visits were scheduled since the last Town Board meeting, but one or two more may be scheduled in July. Cornell GEIS / SLUR: Revised parking standards were prepared by Planning Department staff and Cornell planners, and discussed with the Committee at a meeting on June 29th, along with several other issues that needed to be addressed. There will be some additional revisions to the proposed SLUD, and possibly one more Committee meeting before the SLUD is ready to go back to the Planning Board for recommendation, and then to the the Town Board for enactment. Defining Buildable Land : Planning Committee is discussing the question of how to define "buildable land " in proposed subdivisions in order to determine number of permitted lots / dwelling units and to provide better guidelines for lot/ building layout on a site . Planning staff prepared a draft amendment to the Subdivision Regulations that was discussed at the June 29th Planning Committee meeting. Ithaca-Tompkins County Transportation Council (ITCTC): At the June 20th meeting of the ITCTC Planning Committee, there was a discussion of a possible amendment to the 1995-96 Unified Planning Work Program, adding funds (approx. $75,000) available from the initial year of ITCTC operations . Two proposals were discussed. One would provide additional money for "model development and network testing" to develop a computerized travel demand model, using a GIS database . This would provide the abilit; to conduct existing and future year roadway alternative analyses . The other would ;provide funds for "local area planning studies" which could be managed on a " challenge grant" basis to participating municipalities . Funds could be used to conduct land use planning studies that would benefit metropolitan transportation paanning efforts. During discussion of this proposal, I raised the question of whether the amendment could be simply to increase funds available for the Northeast Connector Subarea Study, which is also in the 1995-96 Work Program, so that work could begin in 3 earnest on this essential project before the end of 1995. A representative from NYSDOT indicated that money for the Northeast Connector Study is very much in doubt, since it is competing with road / bridge projects, which because of limited funds, tend to be considered a higher priority. In addition, it was indicated that any major circulation: change that might eventually be recommended in a Northeast Connector Study would involve substantial funds that would for all purposes be a major share of the Transportation Improvement Program (TIP) funds for any given year in our region. This would involve a major funding decision by the ITCTC Policy Committee to pursue a project of that magnitude. Discussion on the proposed amendment to the Work Program was tabled, and a Study Group will be assembled to further study the above issues. Filename: I staff\jon \ tprepjunmem 4 TOWN OF ITHACA REPORT OF BUILDING -PERMITS ISSUED FOR THE MONTH OF JUNE 1995 YEAR TO DATE TYPE OF PERMIT i YE R # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1995 ,1 0 0 0 0 RESIDENCES I 1994 10 0 0 0 SINGLE FAMILY DETACHED 1995 12 200,000 12 L0039000 RESIDENCES 1994 ; 0 0 8 9849000 1995 10 0 0 0 TWO FAMILY RESIDENCE; 199411 65,000 4 580,000 199511 10,000 9 217,495 RENOVATIONS 199414 120.000 , 14 3109871 1995 ' 2 1 L000 4 47,364 CONVERSIONS OF USE 199411 4,500 4 A350 1995 1 '2 000 8 127,850 ADDITIONS TO FOOTPRINT 1994 1 19,500 11 2702M 1995 ' 0 0 0 0 MULTIPLE RESIDENCES 1994 110 p p p 1995 j 1 TC Hospital demo portions of Z od floor 109000 5 1947 656 BUSINESS 1994 2 109,750 9 620,872 1995j 0 0 0 0 AGRICULTURAL 994] o 0 0 0 1995 10 0 0 0 INDUSTRIAL 1994 0 0 0 0 1995 0 0 4 510,346 EDUCATIONAL 199411 88,430 7 3,787,030 MISCELLANEOUS I2 Demolish homes 79600 3 Deco 10250 1 Green house 6,000 1 New house roof 9 450 1 Attached garage 9,.500 1 Repair fire damage 11584 1 Beam replacement 600 2 Improve fire ratings 14500 1995 12 697484 33 223,470 CONSTRUCTION 1994 3 18.500 21 111,110 TOTAL NUMBER OF 1995 19 352,484 73 2,324,181 PERMITS ISSUED 1994 13 725,680 78 6,722,383 TOTAL FEES 1995 19 885 73 5,260 RECEIVED 199413 L460 178 10,995 Date Prepared: June 30, 1995 Dani L. Holfiord Building/ omng Department S=4mu7 �uxa ia+i�s TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 14 1. 211 Muriel Street - family room addition. 1 9 Lagrand Court - convert unenclosed porch to recreation room. 3. 159 Ridgecrest Road -- barn structure. 4. 1095 Taughannock Boulevard - convert single family to a two family. 5. 171 Lexington Drive -- enclose cellar furnace and rebuild cellar stairway. 6. 16 Muriel Street - install new roof. 7. 148 Pine Tree Road - remodel kitchen. 8. Dryden Road (CU Print Shop) - creation of interior wall partitions/offices. 9. 172 East King Road - new hospicare residence and administrative offices - temporary. 10. 691 Five Mile Drive -- new single - family dwelling. 11. 172 Whitetail Drive - existing single - family dwelling. 12. 172 Whitetail Drive -• outside wood deck. 13. 132 East King Road -- new single - family dwelling 14. 808 Mitchell Street - renovated office space. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1995 - 69 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1994 - 71 COMPLAINTS INVESTIGATED THIS MONTH - 9 1. Judd Falls Plaza (Karite World) - zoning & building code - pending. 2. 1219 Trumansburg Road - sign - abated. 3. 5 Sugarbush Lane - building without building permit - pending. 4. 1.29 Coddington Road - property maintenance - pending. 5. Pennsylvania Avenue - property maintenance - pending. 6. 1120 East Shore Drive: - building code - pending. 7. 307 Coddington Road - property maintenance - pending. 8. 16 Muriel Street - building without building permit - abated. 9. 125 Snyder Hill Road - property maintenance - abated. From Mav 1995 : 1. 909 Taughannock Bouilevard - building without a building permit - abated. 2. 366 Saranac Way - building code - pending. 3. 319 Coddington Road - fill material - abated. 4. 1200 Danby Road - building code - pending. 5. 12 Judd Falls Road - toning - pending 7/12!95 ZBA. 6. 1152 Danby Road - zoning and building code - pending. From April 1995 : 1, 128 Salem Drive - illegal basement apartment - pending. From March 1995 : 1. 108 Ridgecrest Road - building without a building permit - pending. From January 1995 : 1. 57? East Shore Drive -- property maintenance - pending. 2. 1022 Danby Road, #7C; - propery maintenance - abated. 3. 1022 Danby Road, #7C: - occupancy - pending. From November 1994: 1. Various Cayuga Vista properties - occupancy - pending. From August 1994: 1. 975 Taughannock Boulevard - occupancy - 7/31/95 deadline set by ZBA. From March 1994: 1. 132 Forest Home 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 May 1990: 1. 110 Buttermilk Falls Raid — building code — abated. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1995 — 46 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1994 — 36 TOTAL FIELD VISITS THIS MONTH — 98 Uniform Building Code — 76 Local Law and Zoning Inspections — 20 Fire Safety — 0 Fire Safety Reinspections — 2 ( 1 church, 3 — unit multiple residence) Fire Occurrences — 0 Fire Occurrence ReinTections — 0 TOTAL FIELD VISITS 'YEAR TO DATE, 1995 — 484 TOTAL FIELD VISITS YEAR TO DATE, 1994 — 564 TOTAL SIGN PERMITS THIS MONTH — 0 TOTAL SIGN PERMITS', YEAR TO DATE, 1995 — 7 TOTAL SIGN PERMITS YEAR TO DATE, 1994 — 3 ZONING BOARD OF APPEALS i MEETING — 4 NEW CASES — AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JUNE 14 , 1995 7 - 00 P . H . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GrMN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , June 14 , 1995 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , CM ENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Elizabeth B . and Ernest Wm . Terwilliger , Appellants , requesting authorization from the Zoning Board of Appeals under Article :1I , Section 54 to be permitted to construct a 14 ' 7 " x 13 ' 6 " building addition on a non - conforming building / lot at 6 .20 Elm Street Extension , Town of Ithaca Tax Parcel No . = 9 - 4 - 1Z , Residence District R- 15 . The building lot is non- conforming since the property Bees not frcnt on a Town , County , or State highway . A variance G-from the requirements of Article IV , Section 13 and 14 may also be requested since the Cenroposed addition will have a 10 ' + nor-rh side yard building setback ( 15 setback required ) . ( A small storage shed is also located . 7 ' from the east side property line ( 3 ' setback required ) . Appeal of Or . Janusz Sendek , Appellant / Owner , Ken ? over , Agent , requesting a variance from the requirements of Ar Licle V , Section 18 of the Town of Ithaca Zoning Ordinance to be Gpermitted to construct a single - family residence with a building height of 34 ' + ( 30 ' maximum Gheight permitted ) at 5 Evergreen Lane , Tcwn of Ithaca Tax ? arcei No . 22 - 1 - 1 . 29 , Residence Or District R- 30 . Appeal of Russell A . Poyer , Appellant , requesting authorization from the Zoning Board of Appeals under Article 111 , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted o replace and relocate a non-conforming single - family residence on a non- conforming building .ot located at 513 East Shore Drive , Town of Ithaca Tax Parcel No , 16 - 1 - 4 , Residence District . - 15 . The parcel is non- ccnforming because it contains residential buildings ( only 1 uilding on a parcel permitted ) . The existing building is 3 ' + from the south side property line ( 15 ' setback requi. red ) , but the new relocated building will have a 15 ' setback . Appeal of Douglas Ford , Appellant / Owner , Bradford A . Wellstead , Agent , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to construct a 300 square foot exterior wood deck on a non-conforming building/ lot located at 909 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 9 , Residence District R- 15 . The building / lot is nonconforming since the parcel is (y 36 ' + wide ( 100 foot width required ) and the building is 11 . 8 ' from the north side property U line ( 15 ' setback required ) . The proposed deck will be terminated at or just over the north side property line . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all erscns in supcc ^ of such matters or cb ections them *_ c . "Persons may appear by agent or in person . Individuates 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 gated : June 6 , 1995 Publish : June 9 , 1995 1995 YEAR - TO - DATE FEES COLLECTED BY THE BUILDING/ZONING DEPARTMENT MONTH BUILDING ZONING SIGNS FIRE BUILDING CERTIFICATES FOUNDATION OPERATING TOTALS PERMITS OARD OF SAFETY PERMIT OF PERMITS PERMITS APPEALS EXTENSIONS OCCUPANCY JAN 1,330.00 340.00 0.00 l 25.00 30.00 150.00 0.00 0.00 1,875.00 FEB 545.00 440.00 0.00 81.00 0.00 50.00 0.00 0.00 19116.00 MAR 720.00 410.00 468.70 104.00 0.001 125.00 1 50.00 50.00 1,937.70 APR 950.00 340.00 33.50 144.00 25.00 100.00 50.00 0.00 1964250 MAY 840.00 480.00 0.00 131.00 75.00 0.00 0.00 50.00 1,576.00 JUN 885.00 280.00 0.001 181.00 50.00 525.00 0.00 0.00 11921.00 JUL AUG SEP OCT NOV DEC TALS 5,270.00 2,300.00 50220 666.00 180.00 950.001 100.00 100.00 10,06820 1994 TOTALS MONTH BUILDING ZONING SIGNS FIRE BUILDING CERTIFICATES FOUNDATION OPERATING TOTALS PERMITS BOARD OF SAFETY PERMIT OF PERMITS PERMITS APPEALS EXTENSIONS OCCUPANCY TOTALS 10,995.00 1,300.00 5100 650.00 170.00 775.00 150.00 800.00 147892.00 Agenda Item No . 4f . Town Clerk / Director of Administrative Services Monthly Report - June 1995 RECORDS MANAlsEMENT : The Indexing Grant Final Narrative Report is being prepared . Work will continue on the indexing through the summer . Requisitions have been completed to hire a temporary receptionist from Manpower Services so the Deputy Clerk ' s can train and work on the indexing . Suzanne Etherington , Certified Archivist will be training and helping produce the indexing terms next week . TOWN CLERK : Most work performed during the month of June was related to the personnel office and the civil service classifications . The reconfiguration of the Town Clerk , Accounting , and Personnel offices also required planning and implementation . Sherwin DiSanto , Human Resource Specialist has completed one payroll cycle with all related tax filings . Mr . DiSanto is completing the forms to be submitted to Tompkins County in relation to the civil service appointments and classifications . They should be finalized and returned to Tompkins County by the end of the week . Upon :submission of the forms , the payroll of July 14 , will be certified by Tompkins County as required . Mr . DiSanto continues to receive training related to the other functions of the personnel office . Historical Anniversary Celebration Committee : The Committee met on June 23 , and decided to present their favorite celebration ideas to the Town Board . Those ideas include : * * 1 . Placement of permanent historical markers throughout the Town . The markers would describe a specific historic person , place , or event . * * 2 . Placement of permanent welcome markers at each entrance of the Town . * * Initially , purchase of these markers would be costly , but they would prove to be a valuable historical asset by providing a permanent educational format for present and future generations . 3 . Pamphlet, or brochure listing clues to historical areas so residents may conduct self guided tours of the Town . Pamphlet would include a means of taking the tour by automobile , bicycle , or hiking . Other educational and tourist pamphlets could be developed throughout the year depicting several different themes . 4 . Contest - How well do you know your Town ? Pictures would be taken of small areas of buildings , places , etc . People would have to identify what the item was , and where it was located . TC Monthly Report June 1995 Page 2 . 5 . A one day event to be held in conjunction with the grand opening of the new Town Hall . Historical items and documents could be displayed. . Residents could donate memorabilia to either the Town or the DeWitt Historical Society . Food , games , and events could mimic those which were popular during 1821 , the year the Town was founded . Items associated with the present , ( 1996 ) could be placed in a time capsule for discovery by a future generation . More documentation and cost estimates will be provided at the August meeting . A press release requesting volunteers from the community to help with the celebration proved to be disheartening as no one came forward . The Committee with regret , accepted the resignation of Mr . Bruce Bri. ttain and Councilwoman Harrison because of their other commitments . Respectfully submitted , Joan Lent Noteboom Town Clerk qty OF IT y 0 _ 9 TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 OWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273--8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 D REPORT FROM THE FINANCE OFFICE JULY 10 , 1995 The accounting staff continues to work on the new accounting software package to work out the glitches and enhance its operation . The spread sheet for the new five year budget plan has been completed . As soon as information is available we will be plugging in data to have our first draft plan in place . This will enable us to forecast the tax rates , cash flows , department needs and much more . This will be an essential tool in Town operations . We will be starting the 1996 budget process shortly . Budget request forms will go out to all applicable employees and agencies . Historic information will be available to anyone requesting such information . Budget requests are then entered into the budget spread sheet for analysis . Adjustments are made and a tentative budget will be made ready for presentation to the Board . This process will take several months . Several hours were spent working with Bolton Point gathering information on billing difficulties . Betty and I are also working on a irregularity we discovered . I spent several hours in the personnel offices working on health insurance payments , assisting with payroll and assorted other duties . I also served on the interview committee for the new Human Resource Specialist . Welcome aboard Sherwin DiSanto ! ! I look forward to working with and assisting Sherwin any way I can . Jackie White researched the benefits and costs of linking the accounting computers . She made a presentation to the ADP Committee at our last meeting . The Committee will study this and other pertinent information before making a decision . We received REPO interest of $ 20 , 461 . 33 . We also received $ 39 , 859 . 17 in EQBA Grant money . A portion of which we have been waiting for since 1993 . There were several large planned expenditures for the month . 16 Water bill to SCLIWC $ 2271707 . 70 2 . Water & Sewer Serial Bond Pmts 45 , 324 . 68 3 . City of Ithaca Fire Pmt 723 , 060 . 00 449 � na • ^rr Respectfully, submitted Sally E . 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M w � G 3i TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) SEE ATTACHED Location of sign board used for posting : Town Hall , Town of Ithaca Date of Posting : June 22 , 1995 Date of Publication : June 30 , 1995 . 0"", " ., To# Clerk , Town of Ithaca STATE OF NEW WORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA. ) Swor to and subscribed before me this �6 - day of 19 N t ry tic BETTY IF. OLE NOTARY PUBLIC STATE OF NEW YORK 44646427 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom , being duly sworn , say that I am the Town Clerk. of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) SEE ATTACHED Location of sign board used for posting : Town Hall , Town of Ithaca Date of Posting : June 22 -, 1995 Date of Publication : June 30 , 1995 wn Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPIKINS ) SS : TOWN OF ITHACA ) Swbr to and subscribed before me this day of K� 19 . N6 ary P6-TTY F. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TARE NOTICE , that the Town Board of the Town of Ithaca will hold a public hearing at the Regular Town Board Meeting of the Town Board on July 10 , 1995 , at 6 : 15 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York in order that they may consider conversion of the Eastern Heights General Purpose Land to the Eastern Heights Park . PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition to conversion . 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 June 22 , 1995 PUBLISH : June 30 , 1995 la tc:w r t t 3 k�.pa' ^�a ti.V' yiy'inn ��/� ' NOTjICE OFt;<,It f:. ;»�HEARIN6 �c: ;TOWN=OF 'ITHACA;�`g�j TLEASEjkTAKE' NOTICE," tl ct ithe TownxBoardof , t he�Town ofalthdca will hoi atpublic heanrig�at the`ReguI"a, wn : IBoard MQfing 'of the To Boq�don July 10 ?19,95It' 6 15rp:matJhe To un Holl; f1.26 ;.East :;SenpC01* reetj Ithacd;:^New':.Ygtk`.;in�,�order that:,they ,tnay constilet` . ,version�,of thevEaste�mHeight� Gen�'raliPurpose;Land to the fEastern ;Heiaafits Park a 4"A 'PLEASE4tTAKE1FURTHER NO TICE;Yt}cllri " iti i'sf af`, the: aforementioned;:-ti p►ace'=shallbe offordedthe oppoituriityro;vgice;thetr proval�o,'r opposthon�to�con"` version y* fir , �:e.s:. i ;:; PLEASE�TAKE FURTHERhIVO� TICE;indmducls `w'Idddd °uol impairments; hea�ingYimpai 't mentsor.!other spectal`needa � fwilybe� provided .Twtthiassir'$ f ronce'as'rnecessdry,�upont`re quest P.er sons desirmg`Yaafis LLLL tancemustEmake arequest ;; not!lesscfhan=48 hours� plorµ ro the Hme;of the pubhclhear- ' Ving 3F�JoanyLeYNoWboom . z � Town Clef. LJune, .1995? `. ' a 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 Town Board Meeting of the Town Board on July 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 proposed " Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations " . PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and place shall be afforded the opportunity to voice their approval or opposition to 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 June 22 , 1995 PUBLISH : June 30 , 1995 � 777� ^� - j; NOTICE ; OFSP�UBL,IC p$! r - „•._ HEARING1.JIt ���; �_' �rnTOWN''OF RHACA;>t;. PLEASE+ TAKE, NOTICE, that {that, o,%yn td?;of�the Town .o d a Ppublic hearing'at they ylar, Townt Board?Meehng b tFthe Tow X Board;..on Julyy 10,'x1995,;alt t6 30;psm at•theTown:Hdll; :UWfjEast x5eneca' Street, IthacaNew York �n ordert thattt�iey mayrtc"onstder the! proposedu ;local , alaw, �Amendin� � the :Town boE Ithaca onm� g rdirionce Increasmg� theMoiumumry; eight Uniitapp' PIEASEfTAKE Fl1RTHERtoNOti TILE, , ol citizensot tdaet d i!.,d e i Kofoertenti;oned:;}time E i ploce%shall afr the, ;opportumfy;to voice}their, :oP { pprowl;or, opposition to said t Local°Law , -' , --�,•., 1 PLEASE- TAKE FURTHERnNO . TICE, .indiwdudls ;withx sual.. ,,impairments,*hearing impair # merits or^other speciahneeds;, wilh prov(ded Lnnth oasis lance os,necessaryiupon4eQ4 quest iPersonsYdesumg disI t Vtancei must make`ta jrequest WnWless`tthan.. 8' hour3 ,'ppnor . �'toithe�time ofitlie�publirhea�� e'4 0 Pit rt f loan,tsnt; Noteboom Clerkt 1une '30 . ., �y _