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HomeMy WebLinkAboutTB Minutes 1997-07-07 i i TOWN OF ITHACA REGULAR TOWN BOARD MEETING JULY 7 , 1997 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: Catherine Valentino , Town Supervisor; Carolyn Grigorov, Councilwoman ; David Klein , Councilman ; Ellen Harrison , Councilwoman ; Edward Conley, Councilman ; Mary Russell , Councilwoman . EXCUSED : John Wolff, Councilman . ALSO PRESENT: Joan Lent Noteboom , Town Clerk; John Barney , Attorney for the Town ; Daniel Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent; Jonathan Kanter, Director of Planning ; Andrew Frost, Director of Building and Zoning ; Alfred Carvill , Secretary to the Supervisor; Judy Drake , Human Resource Specialist. OTHERS : Alex Leary, Ithaca Times ; Doria Higgins , Hillcrest Drive ; Celia Bolyard , 13 Hillcrest Drive ; Doug Pessefall , Downtown Ithaca BID , P . O . Box 6884 ; Lyman Baker, 838 Coddington Road ; Lauren Stanforth , Ithaca Journal ; Beverly Livesay , Tompkins County Board of Representatives ; Brian Buttmer, 1111 Trumansburg Road ; Christiann Dean , 330 Wes King Road ; Karl Heck, Tompkins County Planning Department; Dan Hoffman , 601 North Tioga Street; JoAnn Cornish , Town of Ithaca Planner; Terry Roswick, Ryan Survey; Evan Monkemeyer, East King Road ; George Ryan , Ryan Survey . CALL TO ORDER: Supervisor Valentino called the meeting to order at 5 : 30 p . m . , and led the assemblage in the Pledge of Allegiance . AGENDA ITEM NO. 4 - DOUG PESSEFALL EXECUTIVE DIRECTOR - CITY OF ITHACA BID: Doug Pessefall , Executive Director for the Downtown Ithaca Business Improvement District - I wanted to introduce myself, and I am looking forward to working with the Town of Ithaca . It is great that the Town is located in the downtown district. The more institutions , businesses , and residences located in the downtown district make it a better and more lively place . ! have a brochure for the Board to look at. The City received a matching grant from the Tompkins County Advisory Board on Tourism Development. The brochure highlights some of the features in the downtown area and the area at large . Some of the photographs show sites in and outside the downtown area . I look forward to working with each Town , and hope the Town Board's feel comfortable calling me , or a BID Board of Director whenever there is something we could do . I am glad that the Town of Ithaca has chosen to relocate downtown , and that the Town has worked out an arrangement with the Post Office. Councilwoman Grigorov - How have things been going ? Mr. Pessefall - Great. There has been a lot of negative press about the downtown area , but there are a lot of good things happening downtown that we should keep in mind . Moosewood is expanding , and Ithaca Books is scheduled to open in the Colonial Building . A pastry shop is scheduled to open in the old Rothchilds Building , and a new contemporary furniture store will be opening soon . We need to TOWN BOARD MEETING PAGE 2 JULY 77 1997 APPROVED - AUGUST 11. 1997 recognize that there are a lot of good things happening in the downtown area , and there will be many challenges . Supervisor Valentino - The Town of Ithaca will be working with the City of Ithaca to help strengthen the downtown area . AGENDA ITEM NO. 7 - REPORT OF FIRE COMMISSIONERS : Lyman Baker, Ithaca Fire Commissioner - Ithaca Training Center improvements are continuing . Other Fire Departments and outside agencies using the Ithaca Training Center will be charged a "users" fee to provide income for the Fire Department, The 1998 Projects will include rope and rescue areas , draft sites , a confined space tunnel , a hazardous materials simulator, and utility improvements . These will cost approximately $45 , 000 , but they will be well worth it. Agreements were signed , by all companies , to create more activities within each company to recruit more people . Over 30 candidates received Fire Police training on June 30 , 1997 . One of the New York State Instructors for Fire Police was one of our career fire fighters . Uniforms are being purchased at $50 each per active volunteer. These funds will be deducted from the Recruitment and Retention Budget Line . The total will be approximately $4 , 000 . Some good news , semi-automatic external defibrillators have arrived at Fire Central . They will be placed on each apparatus as soon as possible . Supervisor Valentino - Would there be one defibrillator for each fire apparatus? Mr. Lyman - Yes. There was an Emergency Medical Service training class last night on these defibrillators . Five Prevention Week is October 12 , 1997 . Several events are being planned . If there are any recommendations or suggestions , they can be forwarded to the Commissioners . The 911 Emergency Service numbers are very close to being on line . There will be a lot of promotion for this . Flyers will be mailed to each home and radio spots and newspaper articles will be promoting the 911 number. There is a slight decrease in the active personnel of volunteers . I think we need a Fire Explorer Post. If we could get one percent of the youths at Boynton School to become involved in the Explorer Post, there would be approximately 60 people a year being trained in firematics . This would help the volunteer and career manpower concerns . Station Seven is still empty . All Station Seven belongings are being stored at the Veteran Volunteer Firemen' s Building . We will need to do something with this Station soon . Supervisor Valentino - I received a call from Chief Wilbur's office today. They were wondering if a Town Board Member would be interested in coming to the Resource Re- Pay ( RRP) Association TOWN BOARD MEETING PAGE 3 JULY 79 1997 APPROVED - AUGUST 11, 1997 meeting . Would there be anyone available to attend between 7 : 00 a . m . and 5 : 00 p . m . ? I will be able to attend Wednesday at 2 : 00 p . m . Councilman Conley - I would be available at 2 : 00 p . m . Wednesday . AGENDA ITEM NO . 6 - REPORT OF TOMPKINS COUNTY BOARD OF REPRESENTATIVES : Beverly Livesay , Tompkins County Board of Representatives - I do not know if the Town received information about the Urban Rural Committee pursuing a joint purchasing possibility. The Towns and School Districts have been able to buy from County contracts in the past. This is something that is done more formally to help better serve municipalities . I do not know if the Town has explored this issue or not. Has the Town received a questionnaire about an interest in this Committee? Supervisor Valentino - "Yes . " Councilman Conley - What is it for? Ms . Livesay - This would be for municipalities to buy off County contracts for a variety of things . Councilman Conley - What types of things? Ms . Livesay - Office supplies . Almost anything that municipalities need to buy. Supervisor Valentino - The questionnaire was trying to assess the Town' s interest. The problem I had , along with some of the Department Heads , was that we were not clear about what arrangements or services we would be able to get. If there were more specifics on what kind of things could be purchased together the Town could respond better. Ms . Livesay - The County would be doing all the purchasing . Any comments or suggestions could be made to the committee . The Youth Development Passport was established after Mayor Cohen saw the budget for youth services last fall . The work has been completed , and a recommendation will be going to the Health and Human Services Committee . The Welfare Reform is still being worked on . reconstruction Warren oiT Warrren Road . b I � is discuss* l as no put on 1cc ea sy�ap t81 F�Tanr,band ILI may tie placedton next year' s . At our Public Works Committee meeting in June it was considered that sidewalks were not necessary on Warren Road because they do not fit into the pedestrian circulation . The Town would like to see drainage improvements on Warren Road which would afford the widening of some of the shoulders to become more functional for bicyclists and pedestrians . Ms . Livesay - The Town does not want anything designed to encourage bicyclists or pedestrians , but would like a safer passing area? Councilman Klein - I do not want to encourage them . The road could be widened . There is an opportunity to create safe shoulders for pedestrians and bicyclists rather than another path . During Planning Staff discussions , it was determined there are no connections to any town/pedestrian circulation . There is a fairly strong east/west path from the northeast area that goes to BOCES which connects to the DeWitt School . There does not seem to be a lot of north/south pedestrian activity that warrants sidewalks , but an improved shoulder would be a major improvement. TOWN BOARD MEETING PAGE 4 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Ms . Livesay - I will look into this issue . Supervisor Valentino - The Town is concerned about the rate at which Warren Road is deteriorating . It is in need of repairs . AGENDA ITEM NO. 9 - PERSONS TO BE HEARD : Doria Higgins , Hillcrest Drive - I am one of eight residents from Hillcrest Drive who are here to make a petition to the Town Board . There are only four owners in residence now. One is Nellie Fisher whose husband is still missing in action in Vietnam . She has returned to her home town in Mississippi and wants to keep this house with the hope he will return . Ann Pendleton is going to MIT to teach architecture instead of being at Cornell University. Jill Hartz and Richard Herchkowitz have gone to the University of Virginia , and her brother Gary, is living in the house. The other residents are all here . Candi Smith and Brian Buttmer will be moving back to their house on Hillcrest Drive next year. Besides the legal considerations mentioned within the petition , there are moral aspects to this situation that may indicate the Town has an obligation to their taxpayers . Mr. Buttmer will read the petition to the Town Board . Supervisor Valentino - The Town Board was given a copy of the petition , and have read it already. Mr. Buttmer does not need to read the petition , but he can comment on it. Brian Buttmer, 1111 Trumansburg Road - I am a new resident to the Hillcrest group , but that does not lessen my concerns. The road is in serious need of investigation and repair. Last year, my wife encountered another resident' s car while stopped at the top of the hill to pick up the mail . The other car kicked into gear and rolled down the steep incline into the side of her car. There are a number of issues relative to Hillcrest Drive that the Town Engineer and other related professionals could do well to look at. The critical issues include serious drainage problems that have plagued the road for a number of years . The drainage culverts have filled in over the years with sediment from the houses on the upper side flowing down hill . This ditch has taken a lot abuse over the seasons from that soil flow. This is important to consider. This private road is for a group of residents that have been paying taxes to the Town of Ithaca for years . Their predecessors have been paying taxes for over 65 years for this property. They never complained in the past about the fact that they have had to do private maintenance in a seasonal manner. They felt, as taxpayers in the community, they were due the consideration of having this road looked at for some standard engineering upgrades like any other road in the community . As Ms . Higgins mentioned , it may not be an issue of legal obligation by the Town as it was referred to in Section 315 , but perhaps a moral community related responsibility. These are houses that may pre- date the Zoning regulations by a number of years . Just because they are older, and may perhaps , not be built to current standards , residents of these homes should not be denied an opportunity to have road improvements . It has provided good transportation for the resident all year round . Councilwoman Grigorov - Do the residents on the upper side of Hillcrest Drive use this road? Mr. Buttmer - No , but they have right-of-ways . Sometimes the road is used for seasonal access to garages and boat storage . The houses on the upper side front on Trumansburg Road (Route 96) . TOWN BOARD MEETING PAGE 5 JULY 79 1997 APPROVED - AUGUST 11 , 1997 My house is the first house on the road . There have been concerns about the improvements that were done to the shoulder on Trumansburg Road ( Route 96) . 1 am not sure who did those improvements, the State of New York or the Town of Ithaca . The improvements were done with the best intention to lessen the water run off in the ditch on the east side of the road by putting in a culvert and a swale . There is a fairly high spot for a gas main shut off, but in many ways the swale has created almost worsened the situation for cars because it creates a hump for people to get over. Many residents have their vehicle front ends sticking out onto Trumansburg Road ( Route 96) while exiting Hillcrest Drive. This maybe an issue to consider. Mr. Noteboom - The State of New York did the work on the shoulder of Trumansburg Road . Supervisor Valentino - I asked Attorney Barney to look into this . Attorney Barney mentioned that the section referred to in the petition does not apply to this portion of the road . Hillcrest Drive has been a private road as long as anyone can remember. Ms . Higgins - We would like to have Hillcrest Drive remain a private road . Richard Berggren (who is on vacation) mentioned that he would like to develop below this area . Once that happens the private road would become more transient. I thought Section 315 referenced that private roads should be given consideration . We have paid our taxes every year, and we hope the Town Board could do something for us . Attorney Barney - Section 315 which Ms . Higgins refers to is part of Article XI of the Highway Law. That portion of the law has 15 to 16 sections setting forth a mechanism for establishing a private road and how people could go about doing that. A jury determines the necessity for the private road . The jury also determines what damages are due to the person who owns property on the private road itself. The last section goes on to say that once a private road is established any maintenance done , if approved by the Town Board and the Highway Superintendent, may be paid for and accredited against taxes . Otherwise taxes would be payable by the landowners up to an amount that represents taxes for highway purposes . If people read that section in the context in which it is there , it clearly relates to private roads that are established under the process setforth in Article XI , not just private roads that happen to be in existence for whatever reason . The constitution for the State of New York states that "a municipality cannot use their assets for benefit of private individuals , " that has been upheld by the State Comptroller. For example , the Highway Superintendent cannot plow out a private residence with a Town plow truck. This section needs to be interpreted as to what the law generally provides . This section does not apply to the situation at hand . Ms . Higgins - A statement under this section mentions that it has to conform to Article 300 to 314, which was decided by some court. It was not part of the main statement of Section 315 . Attorney Barney - That is correct. It was an opinion from the State Comptroller. Ms . Higgins - It was not part of the original law. Also , the things it is referring to in 300 to 314 are dated 1936 . Hillcrest Drive was built in 1929 . Attorney Barney - I am not sure that 1936 is the accurate date here because this was imported from another section of the Town Highway Law. The date shows when these laws were conformed . They were imported from other sections of the Highway Law, and I am not sure how long it predates back to . This section does not apply to this situation . TOWN BOARD MEETING PAGE 6 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Ms . Higgins - I would like a copy of these Town Board minutes . AGENDA ITEM NO. 3 - REPORT OF TOWN OFFICIALS : A. Director of Engineering - See attached . Director of Engineering Walker - Excavation work is underway on Danby Road for the Ithacare building . They are moving a great deal earth in order to build . The sewer replacements are almost complete in that area . Students are surveying the Northeast area . Councilman Klein - Would the students complete their work this summer? Director of Engineering Walker - Yes , and I may have them do other areas of the Town . The Town has been working with the Arrowwood residents in regards to mutual storm water projects for the area . Councilman Klein - Is Cornell University proceeding with their study? Director of Engineering Walker - Cornell University has their preliminary studies . I will be communicating with them . B. Highway Superintendent - See attached . Councilwoman Harrison - The Highway Department has been working on the roads at Kendall Avenue , Pennsylvania Avenue, and West King Road . What is the status of the shoulders and bicycle paths on these roads? Mr. Noteboom - Kendall Avenue is a narrow road so there is not a lot of excess room for bicyclists . The Town will be paving West King Road . Shoulders will be installed for bicyclists to use . The road lanes will be ten feet wide . It is a very heavily used road , especially the upper portion . On the east side of the road there will be a three foot shoulder. Councilwoman Harrison - What will the surface be like? Mr. Noteboom - It will be a slurry seal that looks like blacktop . It is a smooth texture , not a gravel texture . It will be like a normal shoulder, but it will have a cover on it. The money for dredging Inlet Valley had been taken away by the Federal government, but it could be restored anytime . It appears they are moving ahead with that project by building a road along the inlet. Councilwoman Harrison - Why was the money taken away? Mr. Noteboom - They needed the money for the midwest area because of the recent flooding there . Director of Engineering Walker - Last year the Corp of Engineers failed to get their project together for approval when the money was available . Supervisor Valentino - When will the Highway Department be working on the Snyder Hill ditch? Mr. Noteboom - It will be done in July. TOWN BOARD MEETING PAGE 7 JULY 7, 1997 APPROVED - AUGUST 11, 1997 AGENDA ITEM NO . 10 - PUBLIC HEARING : TO CONSIDER A, " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT" : Supervisor Valentino opened the public hearing at 6 : 15 p . m . The Town Clerk had proof of posting and publication . Supervisor Valentino - The Planning Board submitted their recommendation for the Zoning Ordinance change . As no one from the public came forward wishing to be heard , Supervisor Valentino closed the public hearing at 6 : 17 p . m . AGENDA ITEM NO . 11 - CONSIDER SEAR RELATED TO A. "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT RESOLUTION NO. 111 : Motion made by Councilwoman Harrison, seconded by Councilman Conley, 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. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye . Motion carried unanimously. ( NOTE: See attached formal resolution . ) AGENDA ITEM NO 12 - CONSIDER ENACTMENT OF A. "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT RESOLUTION NO. 112: Motion made by Councilwoman Harrison, seconded by Councilwoman Russell, that the governing Town Board of the Town of Ithaca does hereby enact Local Law No. 211997, "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT"- and be it further RESOLVED, the Town Clerk is hereby authorized and directed to advertise and file the said local law as required by Town Law. Councilwoman Russell - Does this give a developer the ability to cluster in an Agricultural Zone? Attorney Barney - No , that is a subdivision regulation . A roll. call vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE : See attached formal resolution . ) i TOWN BOARD MEETING PAGE 8 JULY 79 1997 APPROVED - AUGUST 11, 1997 AGENDA ITEM NO. 10 - PUBLIC HEARING REOPENED : TO CONSIDER A. "LOCAL LAW ' AMENDING THE TOWN OF ITHACA ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT Supervisor Valentino reopened the public hearing at 6 : 18 p . m . Christiann Dean , Chair of the Agricultural Committee for the Town of Ithaca - The Conservation Advisory Committee in 1992 issued a report recommending the following uses for an Agricultural District. First, the Committee asked the Town Board to develop an Agricultural Zone. There has never been one hundred percent consensus among all the farmers to do this . I do not speak for all the farmers in the Town of Ithaca. The Agriculture Committee recommended that it was important to pass a Right to Farm Law, so people who live in an agricultural zone cannot run the farmers off, or create problems for them for performing regular agricultural practices that may create dust, smell , or noise. The Agriculture Committee would be happy to see the Town Board consider a Right to Farm Law. The Committee strongly urges the Town Board to include this in the Agricultural Zoning Law. The following uses in the 1992 report were recommended by the Agricultural Committee . The o allowance of road side stands for the sale of agricultural products of items produced on the premises through a customary home occupation . The Committee wants the Town to provide alternative uses for the land that are compatible with the agriculture and rural character of the district. This includes such activities as golf courses , public and private camp grounds , club houses and lodges , hunting preserves and lodges . Also a variety of agricultural related commercial enterprises , such as farm implement dealerships , (not car, truck, or RV dealerships) grain , feed , seed , non residential buildings , silos , and other farm physical plant dealerships , wholesale and retail nursery operations , wholesale and retailer distribution of agricultural products (including grains , vegetables, fruits and dairy products) . As agricultural becomes diverse farmers cannot predict what the future may bring to selling farm grown items . Three other uses that are appropriate for which I only speak for myself as the Agricultural Committee has not considered these uses . A cemetery would be a very compatible use. I would like the Town Board to consider cemeteries and retreat centers or nature centers in Agricultural Zones . These centers would be of compatible use. I would like to thank the Town Board for their considerations . My farm is located in a place where the Town is considering enacting one of these zones . My husband and I strongly support this . Again , I do not speak for all the farmers in the Town of Ithaca . Farmers do stand to loose some freedom , but they would gain some protection for agriculture. Supervisor Valentino again closed the public hearing at 6 : 23 p . m . The Town Board had a brief discussion on the Zoning Ordinance change . AGENDA ITEM NO . 3 - REPORT OF OFFICIAL REPORTS (CONTINUE) : C. Director of Planning - See attached . Director of Planning Kanter - The Planning Committee' s meeting will be at the Cooperative Extension tomorrow night at 7 : 30 p . m . The meeting is scheduled to discuss these agricultural and farm concerns . TOWN BOARD MEETING PAGE 9 JULY 711997 APPROVED - AUGUST 11, 1997 Three public information meetings were completed in June for the draft Park, Recreation , and Open Space Plan . These meetings did not have as many people attending as the Planning Staff hoped for. There were a lot of good comments and suggests made at the meetings . There will be a summary of the meetings provided to the Town Board as soon as possible . The next step is to revise the draft plan for the Town Board ' s consideration . A public hearing , hopefully , will be set up in September on the revised draft plan . There seems to be a lot of support for the draft plan . There were a number of comments made expressing the need to have larger community type parks , as opposed to smaller ones . There were definite concerns about the costs for these parks . The Town Board will need to consider the costs throughout the process . There seems to be a number of people voicing support for a Purchase of Development Rights Program . After the comments are complied the Town Board can review them . The MPO staff is going to prepare a revised Scope of Services to send to selected consultants about the Northeast Subarea Study. David Boyd , Director of the MPO announced his resignation as he will be leaving the area soon . The MPO Policy Committee discussed how the study would proceed at their June meeting . They indicated that the project will move ahead in a timely manner, and that it would need to be monitored carefully. The Scope of Services will be redrafted for the Oversite Committee and will proceed from that point for a contract. D. Director of Building and Zoning - See attached . The Town Board had a brief discussion about the 1997 Year-to- Date Fees Collected in the Building and Zoning Department reports . E. Town Clerk/Receiver of Taxes - See attached . Councilwoman Grigorov - What is the Dunbar Register? Mrs . Noteboom - The Dunbar Register is a listing of issued bonds and notes that are outstanding for the Town . Keeping the register is a legal requirement as authorized by the Comptroller's Office . Supervisor Valentino - The Dunbar Register is a legal document that the Town needs to keep updated to make sure all the entries of interest and payments are made . Councilman Klein - What happened at the meeting with the DeWitt Historical Society, are you satisfied with the services they provide the town ? Mrs . Noteboom - Supervisor Valentino , Mr. Kanter, and I attended that meeting . The DeWitt Historical Society provides genealogy research when a letter is received requesting history of a family. There have been great responses to those letters . I was impressed with the amount of education the Society does with the area school children . The Society' s hours are sufficient for people in the Town to be able to visit them . Supervisor Valentino - The Society will be providing the Town Board with more information on what they have been doing during the budget process . F. Human Resources - See attached . G . Financial Report - See attached . Mr. Carvill - The Financial Report has been filed with the Supervisor. TOWN BOARD MEETING PAGE 10 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Supervisor Valentino - The books are available for the Board to review. Mr. Carvill - Total operating cash as of June 30 , 1997 is $954 , 000 . The total invested principle cash is $5 , 783 , 000 . Additional estimated earnings are $76 , 766 . Year to date interest earnings are $ 137, 016. Budget earnings are $ 178 , 500 . At the present time, the Town is at approximately 76% of earned budget. The projection as to where interest earnings will be as of December 31 , in relation to budget is that the earnings will exceed budget by 19 percent or as approximate estimate of $35 , 233. This would make a total estimated earnings for the year 1997 of $213 , 000 . The Town is adequately collateralized . The Town has total cash holdings of $6 , 800 , 000. The Town's collateral is $8 . 4 million as of June 30 . The Accounting Software has been installed and is running . It is networked to be able to communicate with multiple machines . The Town Clerk's machines have been networked to help interface with accounting and finance . The payroll system will at some future date interface with the accounting records . Presently now, information is being down loaded from a diskette into the accounting records . Everything is moving forward . AGENDA ITEM NO. 5 - REPORT OF TOWN COMMITTEES : Councilwoman Russell - No report for the Recreation Partnership . Councilman Conley - Since the City of Ithaca BID Director has been hired work should start to progress more rapidly . Councilman Klein - The Codes and Ordinances Committee is waiting for Attorney Barney to finish the corrections to the draft Zoning Ordinance. Copies will be distributed to the Board's and Committee's for review. The Public Works Committee will have their minutes next week. Councilwoman Grigorov - I received a call from a resident on Penny Lane , who mentioned the new signs have helped a great deal . Supervisor Valentino - Bill Gray , the City's Department of Public Works , called saying he received a message from Mayor Cohen in regards to the signage in that area . Mr. Gray will be talking to the State Police about the signs . The attorney for the Postal Service has finished reviewing the information Attorney Barney drafted for the Town . The Postal Service attorney should be contacting the Town within the next few days as to what is happening . Hopefully, the Town will have an agreement with the Postal Service soon . Shirley Raffensperger, Chair of the Planning and Public Affairs Committee of the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) , submitted a report to the Town Board that updates some of the changes that have taken place on the long standing agreements with Bolton Point. The report states that all the partners have been using the capacity, and are wondering how the City of Ithaca and Cornell University could be incorporated into the next step . As the modeling project comes to a close the Town needs to discuss with the City and Cornell about how the water can be supplied to them . The Joint Sewer agreements are still being discussed . TOWN BOARD MEETING PAGE 11 JULY 7, 1997 APPROVED - AUGUST 11 , 1997 AGENDA ITEM NO. 8 - REVIEW OF CORRESPONDENCE : No correspondence was received for the Town Board to review. AGENDA ITEM NO . 20 - CONSIDER AUTHORIZATION FOR TOMPKINS COUNTY TO APPLY FOR 1997 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ON BEHALF OF THE TOWN OF ITHACA FOR SECOND ROUND FUNDING FOR THE AXIOHM IPB EXPANSION PROJECT: Director of Planning Kanter - The Community Development Block Grant was successfully obtained through the County to be used for the Town of Ithaca through the Economic Development Program the County is administering . The resolution for consideration is for phase II of that program . Karl Heck is present to tell the Board what is in store for this phase of the program . Karl Heck, Tompkins County Planning Department Community Development Coordinator - The County applied for the Axiohm project last year. The first year is being implemented now. The County needs to apply for the second place at this time . It is not a competitive application , but the application needs to be filled out and there needs to be a public information meeting . We would like to schedule a public information meeting at the next Town Board meeting for Phase II of the project. The first phase is currently being implemented , and it is taking a while to get through Housing and Urban Development ( HUD) . Axiohm has been implementing this project. RESOLUTION NO. 118: Motion made by Councilman Conley, seconded by Councilwoman Grigorov that the Town of Ithaca Town Board authorizes Tompkins County to apply for Small Cities CDBG funds on behalf of the Town of Ithaca to HUD for program funds for the County's Economic Development Program as part of the 1997 funding round, and authorizes the Supervisor of the Town of Ithaca to sign any necessary documents to implement this application, and be it further RESOLVED, that this approval is made with the understanding that the Town of Ithaca shall not be required to enter into any indemnification agreements with Tompkins County or any other federal, state, or local governmental entity, and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the regular meeting of the Town Board on August 11 , 1997 at 6:45 p. m. , in order that the Town Board may meet the HUD requirements for the public participation process in applying for the Small Cities Community Development Block Grant. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE: See attached formal resolution . ) AGENDA ITEM NO . 17 - FURTHER DISCUSSION OF POSSIBLE USES AND COSTS OF DEVELOPMENT OF MONKEMEYER/SOUTH HILL PARK LAND PROPOSAL: AND TOWN BOARD MEETING PAGE 12 JULY 7, 1997 APPROVED - AUGUST 11, 1997 AGENDA ITEM NO. 18 - CONSIDER EXPENDITURE OF FUNDS FOR PRELIMINARY WETLAND EVALUATION OF MONKEMEYER/SOUTH HILL PARCELS PROPOSED AS PARK LAND . Director of Planning Kanter - There is a lot of information supplied to the Town Board on this proposal that is to be considered for Agenda Item Nos . 17 and 18 . After many months of discussions , meetings , field visits , map work, and cost estimates , an information package has been made for the Town Board to consider and discuss . The resolution for Agenda Item No . 17, is worded to consider an acceptance of the location for the proposed park land on South Hill . Agenda Item Nos . 17 and 18 are for discussion of possible uses and costs of park development of those sites . Agenda Item No . 18 is for the Town Board to consider funding a preliminary wetland evaluation of these park parcels . Planner JoAnn Cornish has been working on this proposal , and has put together schematic park concept plans and some cost estimates that would go along with some of .these ideas . These are conceptual schematic ideas to see what could happen with these parcels as park land . The park land would be made up with 12 . 5 +/- acres by taking ten percent of three existing parcels . These parcels are located approximately 1 , 500 feet east of the Danby Road and East King Road intersection . The Planning Board reviewed these subdivisions for park land at two separate meetings , June 17 and July 1 , The Planning Board gave preliminary subdivision approval for the three proposed subdivisions on July 1 . The Town Board was supplied with a draft copy of the June 17 Planning Board minutes. There have been intensive discussions about whether or not there are wetlands present on these sites . The Planning Board did approve the preliminary subdivision with numerous conditions . The Town Board was supplied with the final July 1st resolutions from the Planning Board meeting . There were many discussions and interesting points brought up . The Planning Board would like the Town Board to look at the range of alternatives of possible uses , and look at the possible costs associated with them . Planner Cornish could mention more about these . 9 The Planning Staff prepared this in a way to discuss different ranges of park options for these parcels from the most passive type of park development to a full active park. Planner Cornish - The cost estimates are very preliminary based on conceptual site plans. These estimates should not indicate that designs have been done for this park. The Planning Staff' s intention is to develop a community park on South Hill for active recreational development. The Planning Board informed the Planning Staff to look at several alternatives . The Town Board was supplied with estimated development costs for these conceptual park lands . They are self explanatory. The proposal for the least developed park would preserve the site the most. It would have very little grading , with trails , nature areas , and some interpreted signage . However, it would still be very expensive . I am not sure if the town would be doing nature preserve trails . If this is the most appropriate site , the Board needs to determine the natural features of the site . All scenarios would have the same access road , the same amount of trails , little grading , moderate parking , and play structures . The cost would start at $230 , 000 . These costs are the high end of the estimates . Councilman Klein - Where does the 1 , 200 foot road go? Planner Cornish - The 1 , 200 foot road goes from King Road East to the proposed parking area . The parking area would be proposed in the same location for any of the park scenarios because it seems to be the most appropriate place . The second scenario is more developed , and include a larger play lawn area . It would have a back stop , tennis court, basketball court, and a play structure . It would mostly be green space . There will be TOWN BOARD MEETING PAGE 13 JULY 7, 1997 APPROVED - AUGUST 11, 1997 more grading than the first scenario . It would be large enough to have little league games or soccer, but it would not be adequate for league sports . The third scenario would be for a fully developed park including utilities and comfort stations as described in the draft Park, Recreation , and Open Space Plan . The cost goes up considerably by including these facilities . Cost may decrease as development occurs around the park, such as for the road and utilities needed for the development. These are the three scenarios that the Planning Staff developed . They are certainly for discussion . These are simple conceptual plans for park designs . Councilwoman Grigorov - During the . public information meetings for the draft Park, Recreation , and Open Space Plan did people give the impression of the need for park in the third scenario? Planner Cornish - There have been strong opinions for a park on South Hill that offers some of these facilities . Councilwoman Grigorov - People have mentioned that there is a need on South Hill for good playing fields . Councilwoman Harrison - If this does not get developed as a park, and in the meantime residential development occurs , would those construction costs be incorporated in the development? Planner Cornish - "Yes . " Councilwoman Harrison - That would potentially lower the cost? Planner Cornish - "Yes . " Councilwoman Harrison - The Town Board' s intention was to preserve 10 percent for parkland with the idea that it would piggy back on the roads and utilities provided by the developer. The Town would not be doing that. Director of Planning Kanter - Conversely, if the Town Board felt this was a high enough priority to start park development, necessitating some improvement of the entrance road and perhaps some of the utilities , there could be or should be some negotiations with the developers for cost sharing on those services . Councilwoman Harrison - When would those negotiations take place? Director of Planning Kanter - Anytime . Councilwoman Harrison - Potentially , not until there was a development proposal? Director of Planning Kanter - That is correct, or until the Town has some indication that there was a need to move ahead with park development. Councilwoman Harrison - Has anyone thought of the maintenance costs for the park? Those costs should be included in these scenarios . The Board should think about it so they are not surprised in the future about the annual maintenance of the park. TOWN BOARD MEETING PAGE 14 JULY 79 1997 APPROVED - AUGUST 11, 1997 Planner Cornish - The Planning Staff looked at those numbers , but they were not added into the estimated numbers . Director of Planning Kanter - The Planning Staff needs to keep this in mind while the draft Park, Recreation , and Open Space Plan proceeds . Councilwoman Harrison - How do the cost estimates Planner Cornish determined relate to the cost estimates in the draft Park, Recreation , and Open Space Plan ? Director of Planning Kanter - Planner Comishs' estimated costs are higher than the Plan because staff has been able to look at this in more detail with schematic layouts of what could be done on the site . The original estimates in the draft Park, Recreation , and Open Space Plan were in a Scenario One cost range (Passive Park) , for a Scenario Three cost range (Active Park) . The draft Plan did not look at the grading and drainage improvements that are included in Planner Cornish ' s estimates . Councilwoman Harrison - The draft Park, Recreation , and Open Space Plan costs projected a use that was more like scenario three , but the cost was more like scenario one? Director of Planning Kanter - "Yes . " Planner Cornish - A lot of the costs in these estimates are for drainage and grading improvements. This is a site that is wet and would need to be graded . Councilwoman Harrison - Would the topography allow the Town to develop an active park? The Planning Staff is looking at these parcels as if a flat level sport playing field could be developed without creating steep banks to cause constant erosion problems . Planner Cornish - That is correct. There would need to be a substantial amount of grading done , but it can be done on this site . Is it the most ideal in terms of grading? No , not really. It would be preferable to have a site that was far gentler and had minimum grading , but it could be done on this site . Councilwoman Harrison - The concern of wetlands has been mentioned , and wetlands are only one aspect in a potentially environmental sensitive area . The rare plants mentioned do not necessarily mean there are wetland plants on the site . Planner Cornish - That is correct. Councilwoman Harrison - Is there a particular area on this parcel that is of interest? Again , things have not been assessed fully. Are there sensitive areas or areas that may or may not be of concern ? Planner Cornish - In some people' s opinion , yes . However, I personally have not seen great evidence of that, but I am not an expert on wetlands . (Planner Cornish pointed out on an enlarged map an area where a variety of sedges were seen . She also pointed out an area that is wet near the property line . ) The property line is said to have rare plants hugging the hedge row. These were the areas pointed out to the Planning Board . They were pointed out schematically as I just explained them to this Board . Councilwoman Harrison - Is this the area that Nancy Ostman and Bob Wesley had looked at during the Unique Natural Area (UNA) study for the South Hill Swamp? TOWN BOARD MEETING PAGE 15 JULY 7, 1997 APPROVED - AUGUST 11 , 1997 Director of Planning Kanter - There are two different questions . Have they looked at the area? I heard they did . Was this part of their plant study? No , it is not supposed to be part of their plant study. Their study limit was further east and north of this particular area . Councilwoman Harrison - If an inspection by people who were experts in this matter indicates rare plant species , do any of these park concepts accommodate where people were finding the sedges in wet areas? Wetlands are not necessarily something one needs to preserve , it is more a matter of what is growing there . Do any of these scenarios enable the Town to set aside a portion of this area for protection? Planner Cornish - The intent was to show the Town Board that they could have some unintrusive trails with little grading around areas that may have rare plants or may have wetland species . Certainly, the Town would want to disturb the site as little as possible if they were going to enhance that site . There are a lot of large trees that would be protected . Councilwoman Harrison - The difference between the moderate and the active development is what? Planner Cornish - It would be the difference of significantly more grading of the land for an active development. Director of Planning Kanter - Much of this area is farm fields growing back to their natural state . While discussing rare plants , what does the Town actually mean and what characteristics does the Town need to consider? Councilwoman Russell - Is there a reason why the Town cannot wait until the study is done? Is there a reason why this needs to be approved tonight? Director of Planning Kanter - No , nothing needs to be done at this point. The Town Board just needs to discuss where this should be going . The main purpose for this proposal use to come to the Town Board for discussion purposes only to see if the Town Board wants to proceed with this park area . The Planning Staff prepared the proposed resolution for the acceptance of the location to find out if the Board felt it was appropriate for the staff to proceed . The decision is up to the Town Board on how they want to do this . Supervisor Valentino - The draft Park, Recreation , and Open Space Plan indicated that there is a need on the South Hill for a larger community park. Another question is , if the Town does not accept this as an intermediate park to support ball fields , is there another place on South Hill that the Town could look at for providing activities the South Hill residents need? It seems the answer would be that there are not a lot of opportunities for the Town to develop those types of fields on South Hill . As far as the costs is concerned , any placement of ball fields on the South Hill would not be inexpensive . The cost would be high no matter where the Town provides these type of playing fields on South Hill . If the Town decides that this might be a feasible park, would the expenditure of the funds for a preliminary wetland evaluation seem reasonable to find out what is there and what we are dealing with? Is this a parcel that the Town would like to have ownership of, and develop in some way? The park the Town needs at that location is the third scenario . It is the most costly, but the most needed . The second scenario could certainly provide a lot of the activities needed for South Hill . The Town does not want to do the lowest cost scenario at this point. TOWN BOARD MEETING PAGE 16 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Councilman Klein - Is it conceivable , if the Town receives a report that the site does have wetlands and rare plant species , that scenario two would not be possible? Director of Planning Kanter - In my mind , no . Again , I am not a wetland consultant. Councilwoman Harrison - I agree with Supervisor Valentino that scenario two or three would make more sense for a park on the South Hill . Therefore , if there were information about the parcel that made the Town feel that scenario one was the only one that could be endorsed for environmental reasons, then that would not be what we want. Councilwoman Grigorov - In that case , it would be opened for development? Councilwoman Russell - Not if there are wetlands on the site . Councilwoman Harrison - If the Town knew there were rare plants , an environmental impact statement would be done to locate the rare plants . Director of Planning Kanter - As Supervisor Valentino mentioned there are not many opportunities to do this , and in terms of location , it is located centrally within the area . It has potential access into the trail system . Supervisor Valentino - Would the Town be able to get the information about rare plants in the preliminary wetland evaluation? Director of Planning Kanter - Not in that evaluation . That was not in the scope of the study. The rare plants and wetlands became an issue because of the way this discussion evolved at the Planning Board meeting . The rare plant communities were being associated with possible wetland areas or wet areas . Councilwoman Harrison - These are rare species other than wetland species? Supervisor Valentino - That is correct. Councilwoman Harrison - I am not sure that this particular study is going to give us the information the Board needs . Director of Planning Kanter - I did not feel that we needed to do that, but that is my own opinion . Councilwoman Harrison - That we need to do what? Director of Planning Kanter - To do a full study of rare plants over the site instead of being more focused to the areas of perceived wetlands . Councilwoman Harrison - This evaluation would only tell us that there are wetlands on the site . It is not going to tell us whether they are valuable wetlands or have rare plants . Director of Planning Kanter - The proposal asked , if there were wetlands identified on the site, for further descriptions of the characteristics of that wetland area . This is a site that has served as farm land . Rare plants have grown back onto this site after it has been used for farm land . As Supervisor Valentino mentioned , it is important to focus on preserving the actual South Hill Swamp Natural Area that is being identified , not to focus on the site that has been very disturbed and would not be TOWN BOARD MEETING PAGE 17 JULY 79 1997 APPROVED - AUGUST 11, 1997 characterized as a natural area . Again , I would not recommend pursuing this as a passive park type development in a sense that people would consider this as a natural area . Councilwoman Grigorov - Has buffering the natural areas from the road been considered? Director of Planning Kanter - It has been considered . The Planning Board will be considering that though future development proposals for lots around the park area . The Planning Board has actually discussed the possibility of establishing a buffer around any residential lots that would be adjacent to the UNA . The road itself would be near the UNA , but in all cases there would be the potential of a residential lot between the road and the UNA . The Conservation Board and the Planning Board have both commented on the need to establish a buffer to protect the UNA . Councilwoman Russell - Are the sedges that were mentioned as rare plant species, wetland species? Director of Planning Kanter - At the Planning Board meeting it was understood that they could be indicators of wetlands . This is how they initially entered into the discussions . Councilwoman Russell - Would the preliminary wetland evaluation cover that issue? Director of Planning Kanter - That should cover the presence of wetlands . If there are wetland areas identified again , then there would be further steps taken to describe the possible presence of rare plants associated with the wetland habitat. Supervisor Valentino - This evaluation may provide us with all the information that is needed . It may also raise questions for further information to be gathered . Councilwoman Russell - Would the Town Board have this information in time for the next meeting? Supervisor Valentino - "Yes . " Councilwoman Russell - The Town Board should postpone this decision until additional information is available . Terry Roswick, Ryan Survey - I have been working with Evan Monkemeyer on the proposal for this land for approximately a year. Mr. Monkemeyer, the Planning Staff, and myself have discussed this project several times . Mr. Monkemeyer had a wetland biologist from Syracuse review the property. The biologist drafted her comments about the park land for the Town Board to review in response to one of the Planning Board Members asking the biologist to document her background and what discoveries were on the property . The Monkemeyer properties were farmed many years ago and it has been slowly growing back to their natural state . The biologist did not comment on , and did not walk further east on the UNA. That has been heavily documented . They walked extensively over Mr. Monkemeyer' s property. There would be the unique soils along with the unique micro climates of the area . The property is a fallow farm field that is grown back to its natural state . (Mr. Roswick showed the Town Board aerial photographs of the property in 1984 and 1994 , and pointed out where the property is in conjunction to the East King Road and Danby Road . ) RESOLUTION NO. 116: Motion made by Supervisor Valentino, seconded by Councilwoman Harrison that the Town Board of the Town of Ithaca does hereby support the preparation of a i TOWN BOARD MEETING PAGE 18 JULY 711997 APPROVED - AUGUST 11, 1997 Preliminary Wetland Evaluation of the proposed South Hill Park Land parcels to determine whether there are any state or federally regulated freshwater wetlands present; and be it further RESOLVED, that the Town of Ithaca Town Board authorizes the Supervisor of the Town of Ithaca to enter into a contract with Ichthyological Associates to conduct a Preliminary Wetland Evaluation of the proposed South Hill Park Land, and be it further RESOLVED, that the Town Board of the Town of Ithaca does hereby approve an amount not to exceed $300. 00 in total to compensate Ichthyological Associates for services rendered, to be transferred from Account #81990. 400 Contingency into Account #88020. 406 Planning Study. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE : See attached formal resolution . ) AGENDA ITEM NO. 13 - REPORT REGARDING EASEMENT WITH THERM INCORPORATED FOR SOUTH HILL TRAIL: The Town Board received a memorandum from Attorney Barney in regards to the easement with Therm Incorporated related to the South Hill Trail . Dan Hoffman , Chair of the City's Six Mile Creek Advisory Committee - The Six Mile Creek Advisory Committee became aware that a driveway was proposed for the Raponi parcel a few months ago . The Committee received a petition from a number of residents who live in the City and the Town who use the recreationway. The concern of the Committee is that the integrity of the recreationway be protected . Crossings by motor vehicles is inconsistent with the use of the recreationway . Not only inconsistent, but potentially dangerous . There obviously has been considerable public investments in the recreationway by the Town and taxpayers of the State of New York. From my perspective , the investment has paid off and it is very popular among walkers and joggers . People are using it every day. People appreciate the chance of getting away from the sites and sounds of the urban experience , and being close to natural settings . There is only one place in the entire length of the recreationway where vehicles are regularly crossing it. That is the property adjacent to the Raponi property. The driveway for that property rests upon an easement that was granted before the Town received it' s easement from Therm . The two situations should not be compared . The Raponi easement was granted after the Town acquired it' s easement. Whatever rights the Town received should be protected from that point on . The question is what actually did the Town receive for an easement from Therm? It is reasonable to take a position that motor vehicle use is incompatible with a pedestrian and bicycle trail . Certainly, if there were any serious injuries or accidents as a result of that conflict, it would be most unfortunate. We have been lucky that the owner of the property , who has one of the existing driveways does not appear to make excessive use of the driveway, but there is no saying what could arise in a new situation . Another concern is the precedent that would be set if the Town were to simply offer "yes" to this second easement being added . There are other privately owned properties below the recreationway whose owners could seek a driveway easement creating another crossing of the recreationway. If the Town TOWN BOARD MEETING PAGE 19 JULY 79 1997 APPROVED - AUGUST 11, 1997 takes a relatively soft position on these crossings would be hard to challenge or control future requested crossings . It is also important to keep in mind that this property is not land locked if it does not have a connection across the recreationway to Crescent Place . The property has sufficient frontage on Giles Street for a driveway . The inability of access to Crescent Place does not land lock the property . Councilwoman Grigorov - Would this driveway develop further or go to an existing house? Mr. Hoffman - There is no house on the Raponi parcel at this time . For some time the property has been for sale . It is my understanding that the owner received a driveway permit from the City in order to make the property more attractive for sale , or to demonstrate that access to a City street exists . The City has granted the Raponi's a conditional driveway permit, but before the conditions are removed or made permanent, the City wants to know whether the Town agrees that this is a valid easement crossing of the recreationway. Councilwoman Harrison - Why didn 't they seek an easement to go into Giles Street? Mr. Hoffman - It is steeper, and this is less expensive . If this easement were valid the property owner could claim frontage on Giles Street and Crescent Place . That is another concern the Committee has , that development potential of the property is increased if access is provided to Crescent Place across the recreationway. Councilwoman Grigorov - How much property is this? Mr. Hoffman - Approximately two acres . The understanding is that this driveway would be close to , if not adjacent to the Guthrie driveway . There is some risk involved for people using that trail . Some people may not expect a motor vehicle to be crossing their path . If someone has been walking the trail for two miles and not thinking that an automobile is about to cross the path , it could be a disaster. Right now there are no signs regarding the Guthrie crossing . Councilwoman Harrison - Attorney Barney , how do you interpret the Town ' s potential legal liability in that case , if someone gets hit by a car in this driveway? Attorney Barney - The Town could be party to a lawsuit as being the holder of the easement, and so would the land owner who owns the property at the time of the accident. The City could be party to a lawsuit for issuing the permit. It would come down to who was negligent in the accident. There are several places along the trail where there are existing easements granted for pedestrian and vehicle crossing . Councilman Klein - One way to protect the Town' s interest would be for signage in that area . Councilwoman Harrison - What kind of signs? Councilwoman Grigorov - Warnings to pedestrians that there is a driveway crossing . Councilman Klein - Vehicles would have a State sign indicating that they must yield for pedestrians . Councilwoman Harrison - What about the issue for precedence? If it became a whole series of driveways then it would ruin the use of the trail . Councilwoman Grigorov - The Town owns this , but Therm has an easement over most of it. TOWN BOARD MEETING PAGE 20 JULY 7, 1997 APPROVED - AUGUST 11 . 1997 Attorney Barney - The Town owns it, but there is a substantial portion that was purchased from NYSEG . There is another shorter portion where the Town has an easement from NYSEG for them to have the right to put up utility lines if they need to . The Town acquired several easements from landowners along the trail . Councilwoman Harrison - Is there anyway that would be useful in addressing the concerns of precedence and the numbers of access? Can the Town to put Therm on notice about these concerns? Attorney Barney - The Town could draft a letter to Therm indicating this is a public concern . The City has declined the issuance of the permit unless the Town endorses it. There is nothing that says the Town needs to endorse it. The Town should let the City work it out. The Town has an easement from Therm . Therm was not under the impression that the Town was not creating a barrier that no one could ever cross in the future . The Town could write a letter to Therm explaining concern about the proliferation of the crossing . Councilwoman Harrison - A reasonable approach would be not to say one or the other, except that the Town is concerned about it. Supervisor Valentino - That approach would put the Town on record by saying that we have concerns about this access . That way the City cannot deny that the Town did not discuss this matter. The Town Board agreed to have Attorney Barney draft a letter to Therm and the City for their review on the above issue . AGENDA ITEM NO. 14 - CONSIDER MODIFICATION OF RESOLUTION NO, 153/SEPTEMBER 8 1981 , TOWN OF ITHACA WATER AND SEWER BENEFIT FORMULA TO CHANGE PORTIONS OF THE BENEFIT ASSESSMENT FOR WATER BASED ON THE METERED WATER CONSUMPTION : Supervisor Valentino - The Water and Sewer Benefit Committee have begun modifications that we would like to see made . One of the things that came to the Committee' s attention was the regressive formula for deciding the water benefits based on consumption . There are three tiers . The third tier is the most regressive , and the Committee is seeking to discontinue this tier at this point. Councilwoman Harrison - The sense is that this is still regressive , but the Committee cannot do everything all at once? Supervisor Valentino - That is correct. The Committee needs to work on these steps further. Director of Engineering Walker - The Town has one customer that fits into the third tier, Ithaca College. If the Town flattens the rate completely Ithaca College would go from 370 units to 900 units . The water benefit assessment would triple in one year. Councilwoman Harrison - How many people does the second tier effect? Director of Engineering Walker - There are three customers in the second tier. Councilwoman Harrison - The third tier essentially deals with Ithaca College only? Director of Engineering Walker - "Yes . " TOWN BOARD MEETING PAGE 21 JULY 79 1997 APPROVED - AUGUST 11, 1997 Councilwoman Harrison - Is there a way to do something with tier two and tier three so Ithaca College is not eliminated , but the others are more equal? Director of Engineering Walker - The Cayuga Medical Center and a portion of Cornell University are the only ones in tier two . Supervisor Valentino - The Committee saw that the three tiers are too regressive. There are other things that need to be taken into consideration as the Committee reconfigures the amount of money this would generate. The Town needs to make a decision on how the conservation and agricultural lands would be added to this . This would be the first major step in changing the formula . If we take away tier three there are other units to be picked up . Ithaca College is going to get the benefit of the rate this year as the rate goes through . This would also help other people who had been subsidized . Councilman Klein - Does the proposed resolution show the effective date? Would this effect the 1997 Tax Bills? Supervisor Valentino - Yes , when the Town receives the number of units based on the assessment it will be charged as part of the budget process . Councilman Klein - How many units has the Committee uncovered? Director of Engineering Walker - There are another 400 to 500 units on the list. Councilman Klein - Overall the Town should expect the units to decrease in cost? Supervisor Valentino - "Yes . " RESOLUTION NO. 113: Motion made by Supervisor Valentino, seconded by Councilman Klein that the Town Board hereby modifies Paragraph 9 of the benefit assessment formula for determination of benefit by consumption, to be: 9. WATER AND SEWER CONSUMPTION When computing water and sewer units based on metered water consumption, a landowner will be charged one unit for each 16, 000 cubic feet of average annual water consumed for the first 1 , 600, 000 cubic feet of such consumption, i. e. , until the landowner has been assessed 100 units. If the landowner's average annual consumption exceeds 1 , 600, 000 cubic feet, the landowner shall be assessed one additional unit for each 32, 000 cubic feet of average annual water consumption in excess of 1, 600, 000 cubic feet For the purposes of this calculation "average annual water consumption" shall be the total water consumed during the five year period ending the December 31 immediately preceding the date on which the calculation is to be made, divided by 5. (E. g. if the calculation is for benefit units to be assessed January 1 , 1998, and the calculation is being made November 1 , 1997, the five years to be averaged would be the five years ending December 31 , 1996.) If the property does not have water consumption data for at least the required five year period, the assessment shall be made averaging the available data over the number of years for which data is available. If the consumption has occurred for two years or less, the assessment shall be based upon the estimate of the Town Engineer of the likely amount of consumption based upon what data is available and what other similar facilities typically consumed in a year. " TOWN BOARD MEETING PAGE 22 JULY 711997 APPROVED - AUGUST 11, 1997 The benefit assessment for large users is currently computed based on annual water consumption by the following formula: Annual Consumption Assessment Rate First, 11 600, 000 cu-ft one unit per 16, 000 cu-ft up to 100 units 11 600, 000 to 4, 800, 000 cu-ft additional 1 unit per 32, 000 cu-ft (next 3, 200, 000 cu-ft) over 4, 800, 000 cu-ft additional 1 unit per 64, 000 cu-ft This is a regressive formula for the determination of benefit which is appropriate when an expansion in infrastructure is not needed to produce higher quantities of water or sewer capacity. The regressive formula gives a significant reduction in unit charge for the high volume users which may not be totally applicable when infrastructure must be sized and built to handle maximum peak loading. The Town flattened the water rate from a three tier regressive rate in the period from 1992 to 1995, because it was determined that higher volumes of consumption did not significantly reduce the unit cost to deliver. To continue this direction the Town Board has elected to reduce the benefit assessment determination by consumption from 3 tiers to 2 by eliminating the over 4, 800, 000 level. The amended formula will be as follows: Annual Consumption Assessment Rate First 1 , 600, 000 cu-ft one unit per 16, 000 cu-ft up to 100 units Over 1, 600, 000 cu-ft additional 1 unit per 32, 000 cu-ft In addition, the proposal moves to an average five-year consumption figure rather than a direct annual consumption number to try and alleviate large changes in the number of benefit units which occurs as a result of unusually high or low consumption in a particular year A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye . Motion carried unanimously. (NOTE : See attached formal resolution .) AGENDA ITEM NO. 15 - SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENT TO LOCAL LAW NO 2/1976 A "LOCAL LAW PROVIDING FOR THE INSTITUTION, ADMINISTRATION , REGULATION AND COLLECTION OF WATER RATES AND OTHER CHARGES RELATING TO WATER SERVICE" CLARIFY THE DUE DATE OF THE BILL TO USE CURRENT UNPAID BILLING INFORMATION FOR LIEN PURPOSES , AND TO EXTEND THE TIME BEFORE SUPERVISOR MAY TERMINATE SERVICE : TOWN BOARD MEETING PAGE 23 JULY 711997 APPROVED - AUGUST 11 , 1997 RESOLUTION NO. 114: Motion made by Councilwoman Grigorov, seconded by Councilman Conley that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on August 11 , 1997, at 6: 15 p. m. , in order that the Town Board may consider a, "LOCAL LAW TO AMEND LOCAL LAW NO. 2, 1976, CLARIFYING DUE DATES OF BILLS, USE OF CURRENT UNPAID BILLING INFORMATION FOR LIEN PURPOSES AND TO EXTEND TIME BEFORE SUPERVISOR MAY TERMINATE SERVICE". A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Motion carried unanimously . (NOTE: See attached formal resolution . ) AGENDA ITEM NO. 16 - SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO LOCAL LAW NO. 611986 A "LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA" TO UPDATE AND CLARIFY PROVISIONS RELATING TO NON-PAYMENT AND TO ESTABLISH A UNIFORM RATE FOR UNMETERED PROPERTIES THAT HAVE PUBLIC SEWER SERVICES WITHOUT PUBLIC WATER SERVICE : Supervisor Valentino - This would put flat rates on quarterly sewer charges . If people chose to have the sewer metered they have an option to do that. Councilwoman Harrison - The existing meters are for water meters? Director of Engineering Walker - That is correct. Councilwoman Harrison - This is for people to have the option of putting in a sewer meter? Director of Engineering Walker - No , a water meter on their wells . Councilwoman Harrison - People should be informed of the option of putting a water meter on their wells , not their sewers , at the owner' s expense . Director of Engineering Walker - One thing that we are looking at is the amount to be the basis for this meter. Some residents are being billed based on 3 , 200 cubic feet, which is $52 . 66 per quarter. There were others that were based on the minimum bill , which is $ 17 . 60 . The number of people who actually get a minimum Water bill is fairly low. A three bedroom house that is fully occupied would not get a minimum water bill . They would have the option of accepting being billed for 18 , 000 gallons per quarter, or installing a water meter on their system that would cost approximately $400 . They would either pay $39 . 60 per month for 18 , 000 gallons , or if. they felt their consumption was considerably lower than that they could install the meter and prove usage . If they generate the average bill of between $25 and $30 or more per quarter it would take a long time to recover that cost. Councilwoman Harrison - How did you get the $39 . 60? Director of Engineering Walker - The New York State Health Department consumption numbers are 65 et a minimum bill of 8, 000 saving gallons per capita per day even with g fixtures . The Town has s gallons per quarter for sewer and 10 , 000 gallons per quarter for water. The $39 . 60 is based on 200 gallons per day average consumption times 90 days . TOWN BOARD MEETING PAGE 24 JULY 711997 APPROVED - AUGUST 11, 1997 Councilwoman Harrison - How did you get 200 gallons per day? Director of Engineering Walker - The 65 gallons multiplied by the three people average was rounded to 200 gallons per day. Councilwoman Harrison - Where does the "three people" as an average come from? Director of Engineering Walker - Most of the houses in the Town of Ithaca are three bedroom houses . A lot of people who have been complaining live on West Haven Road . A lot of those people are elderly who own three bedroom houses, but who live alone . Councilwoman Harrison - Does the 65 gallons per day include outdoor water usage? Director of Engineering Walker - The 65 gallons per day was based on septic system design . The general water consumption ranges from 8 , 000 gallons for 20 percent of the population to 15 , 000 to 30 , 000 gallons depending on the size of the families. This was an approximate median . Attorney Barney - Would it be 18 , 000 gallons per quarter per dwelling unit or per building? Director of Engineering Walker - To be consistent with the water billing it should be per dwelling unit. Councilman Klein - Does the Town have a requirement that if water and sewer is available the property owner must hook up within a certain amount of time? Director of Engineering Walker - The Town does not have any requirements for water connection . The sewer is required to be connected to the Town system within ten years as a health factor, or if the system fails , earlier. The Town does not actually require them to make the connection , but we do start charging them sewer whether they are connected or not. RESOLUTION NO, 115: Motion made by Councilwoman Grigorov, seconded by Councilwoman Harrison that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on August 11 , 1997, at 6:30 p. m. , in order that the Town Board may consider a, "LOCAL LAW TO CLARIFY MINIMUM SEWER RENTS FOR PROPERTIES WITHOUT METERED WATER . A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE: See attached formal resolution . ) AGENDA ITEM NO. 19 - CONSIDER AUTHORIZATION TO SUBMIT GRANT APPLICATION FOR THE RURAL NEW YORK GRANT PROGRAM : RESOLUTION NO. 117: Motion made by Councilwoman Harrison, seconded by Councilman Klein that the Town Board of the Town of Ithaca authorizes the Town of Ithaca Conservation Board to apply for Rural New York Grant Program funds. A vote on the resolution resulted as follows : TOWN BOARD MEETING PAGE 25 JULY 711997 APPROVED - AUGUST 11 , 1997 Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye . Motion carried unanimously . (NOTE : See attached formal resolution . ) AGENDA ITEM NO . 21 - CONSIDER APPROVAL OF AGREEMENT WITH TOMPKINS COUNTY FOR THE INSTALLATION AND REPAIR OF UTILITIES IN THE COUNTY RIGHT-OF-WAY: Agenda Item No . 21 will be postponed due to a lack of information at the present time . AGENDA ITEM NO. 22 - CONSIDERATION AND REVIEW OF DRAFT PERSONNEL MANUAL: Supervisor Valentino - The draft Personnel Manual will be presented to the employees at three meetings before the Town Board reviews this again . The Human Resource Specialist, Judy Drake , prepared a "Benefit Section Clarification" sheet for the Town Board to review. This sheet shows what the "Old Manual' included and what the "Draft Manual' is proposing . The Personnel Committee discussed the "sick days" for the " Draft Manual' . The "Old Manual' states that employees would have up to 12 days additional to the 120 days , and the " Draft Manual' is proposing 30 days additional to the 120 days . The old policy let employees accrue the maximum of 120 days for sick time . Long term employees tried to preserve as much of their sick time as possible so they could use the sick time for payment of their health insurance upon retirement. A few years ago, the Town decided that the maximum employees could save towards that health benefit was 120 days. This would allow them to accrue 12 days beyond that to use for illnesses and to preserve that time for health insurance . During discussions with the employees , it was suggested to have 30 days additional , but after that discussion Ms . Drake looked at it as people getting paid for 60 days because employees could add it with their disability insurance . By increasing it to 30 days , the employees could get up to 60 days with full pay by adding it with the disability. The concern after that discussion was that it was a hefty benefit for the employees . The most sick time employees would be able to preserve towards health insurance benefits would be 120 days . Councilman Klein - How does the sick time get accumulated? Human Resource Specialist, Judy Drake - The sick time is accumulated one day per month . Supervisor Valentino - How does the Town Board feel about 15 days instead of 30 days of sick time? Councilman Klein - That would still give the employees 135 days available sick time . Councilwoman Harrison - The employees do not have to save the 120 days for retirement? Supervisor Valentino - That is correct. The Town Board was in agreement to change the sick time from 30 additional days to 15 additional days of accumulation for the draft Personnel Manual . Councilman Klein - The health insurance that the Town applies sick time to is for single retirees not families? Ms . Drake - That is correct. TOWN BOARD MEETING PAGE 26 JULY 79 1997 APPROVED - AUGUST 11, 1997 Councilwoman Harrison - In terms of vacation time, why were the days increased more between the 1st year and the 9th year, but from the 10th year on it only increased one day per year? Supervisor Valentino - Most employers in the community have their benefits this way, and only give two weeks for employees vacation time . Councilman Klein - I agree with Councilwoman Harrison , that the vacation time should jump every year by one more day. Councilwoman Harrison - The vacation time should be changed to increase one day every year. Attorney Barney - The rationale of this would be that the Town would be rewarding their longer term employees by giving them an extra day. The people who have only been there a couple years would be limited to two weeks per year. Supervisor Valentino - This is the . standard of what is being done in the community through other employers . Councilwoman Harrison - Having the vacation time increase over each year from the beginning sound more encouraging to people . Clarification on Page 7 of the draft Personnel Manual , under Gifts , "a person is not to accept anything worth $75 or more", would that be for within a year? Mrs . Noteboom - No , in every incident. Attorney Barney - The law is for $75 per giver a year. Councilwoman Harrison - Per year should be added to the manual . I thought it was for per incident. Director of Planning Kanter - It states "within the previous 12 months". Councilwoman Harrison - It does not refer to the $75 within that year. On Page 11 , under the Smoking Policy, it states that "if all persons agree there could be smoking in an enclosed work place" . My sense is that it puts incredible pressure on people who may not want their colleagues to smoke . I think we should say "no smoking indoors in any Town facility. " It is not fair to someone who does not like smoke to agree only because they are with three other people who do smoke . The Town Board agreed to Councilwoman Harrison ' s suggestion to change the manual to "no smoking allowed indoors for any Town facility. " Councilman Klein - How does that apply to Town vehicles? Councilwoman Harrison - People that do smoke in Town vehicles should be told not to smoke in the vehicles . Councilwoman Russell - Is there a lot of smoking happening at the Highway Department's lounge? Mr. Noteboom - No , we do not smoke in the offices or break room . They do smoke in the garage and parking area . There are only four or five smokers at the Highway Department. TOWN BOARD MEETING PAGE 27 JULY 7, 1997 APPROVED - AUGUST 11 , 1997 Councilwoman Harrison - On Page 25 , under Hours of Work, does one need to describe any time off for exempt employees? Mrs . Noteboom - Exempt employees are to work any hours that are necessary to get the job done. Councilwoman Harrison - Exempt employees do not get comp-time , but if they have a night meeting they could take time off during the day? Mrs. Noteboom - It is more flexible time than compensatory time . They do not get time and one half credit for it. Supervisor Valentino - Exempt employees are task oriented , not hours of work. They do keep records of their comp-time to some extent. Mr. Frost - The time sheet shows the accumulation of comp-time , but it is not clear whether I am entitled to take comp-time or not. Councilwoman Harrison - There should not be an accumulation of comp-time for exempt employees because it does not exist. Mr. Frost - During a two week pay period if I worked 45 hours one week and the following week I used a vacation day, am I expected to use 7 . 5 hours vacation time or comp-time from the first week? Ms . Drake - " No . " Supervisor Valentino - I asked Ms . Drake to keep track of comp-time because I do not want to be in a position where we are taking advantage of employees . If someone is working 80 hours a week and only getting paid for 40 hours , I would like to know why . Ms . Drake - The vacation time should be used , or loose it. That is the way the system is set up . Councilwoman Harrison - For non-exempt people , comp-time needs to be used within 30 days? Ms . Drake - "Yes . " Councilwoman Harrison - For exempt people , they could continue to accumulate comp-time? Ms. Drake . "Yes . " Supervisor Valentino - By rights , the Town should not even be keeping track of their comp-time . I do because I do not want to take advantage of people . Mr. Frost - If things are busy for people they may not be able to use the comp-time within that 30 day period . Supervisor Valentino - Comp-time could be kept track of in a different way that make sense to everyone . Director of Planning Kanter - A non-exempt employee would get paid for any comp-time not used after 30 days . TOWN BOARD MEETING PAGE 28 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Councilwoman Harrison - Would they get paid at time and a half? i Supervisor Valentino - If they worked over 40 hours they are paid time and a half. Ms . Drake - To get paid for comp-time , they need to work over 40 hours that week. If we pay them for comp-time that they have on the books they would get paid those hours at straight time after 30 days. Councilwoman Harrison - That is already time and a half? Ms . Drake - Right. Councilwoman Harrison - Page 28 , under Weather Related Time-Off Procedures , during inclement weather it states " Leave time may not be used . ", during inclement weather. Would this be for employees whose specific job responsibilities mean that they need to stay on the job? Mrs . Noteboom - That means the Highway Department personnel needs to plow the roads , or it could mean the water and sewer personnel . Councilwoman Harrison - Employees already on leave would be credited for hours that the office is closed . That does not seem right. Councilman Klein - If an employee has taken a vacation day and the office is closed due to a snow storm everyone gets a free paid day. Those people would get paid the amount of hours that the office is closed for, they would not be charged with that amount of time as vacation . Mrs . Noteboom - There were times the Town offices were closed the whole day . Councilwoman Harrison - There was a comment about increasing the amount of holidays by one . Supervisor Valentino - The employees get 12 holidays . Most other employers give the day before , and the day of Christmas off. Councilwoman Harrison - That would be the floating holiday. The employees could use the floating holiday for the day before Christmas . Director of Planning Kanter -That would not be every year. Councilwoman Harrison - It seems that another holiday would be a major benefit for the employees. Supervisor Valentino - At Cornell University, we always had the day before , the day of, and the day after Christmas off, plus two floating holidays . Councilwoman Harrison - Cornell University gets the week between Christmas and New Years. Supervisor Valentino - Yes , but the employees used to get the day before, the day of, and the day after Christmas off, plus two floating holidays . Now, they have arranged it so those employees get the whole week off. Mrs . Noteboom - A lot of governments give Election Day off. They get 13 holidays including Election Day . Supervisor Valentino - The Town gives 11 holidays plus a floating holiday . There will be no further holidays given at this time . TOWN BOARD MEETING PAGE 29 JULY 711997 APPROVED - AUGUST 11, 1997 Councilman Klein - Are there special time cards to track specific projects that planning and engineering staff are working on? Director of Engineering Walker - Not yet. There is not an official time card for projects . We keep track of it separately . Councilman Klein - It is important to be able to keep track of engineering costs as it relates to specific projects so the Town knows how to evaluate the hours involved with a project. Director of Engineering Walker - That could be done through the payroll system . Director of Planning Kanter - The Planning Department has a second time sheet that shows the detail of the projects and the time staff spends on it. Each Department Head should keep track of the specific projects for how much time each staff member is working with that project. Councilman Klein - There needs to be a separate time sheet for staff members to keep track of the time spent on individual projects . Supervisor Valentino - During the Department Head meeting , the draft will be reviewed and brought back to the Town Board for further consideration . Councilwoman Russell - There was issue of the dress code at the Personnel Committee meeting , is that included in the draft Personnel Manual? Ms . Drake - Yes, on Page 30 under Appearance Policy . AGENDA ITEM NO 23 -, CONSIDER ACCEPTANCE AND AWARD OF PROPOSAL FOR AN IRC , 457 B DEFERRED COMPENSATION PLAN TO PROVIDE A LONG-TERM RETIREMENT PROGRAM FOR THOSE EMPLOYEES WHO WOULD ELECT TO PARTICIPATE: Ms. Drake - The Town presently has a Deferred Compensation Plan with Copeland . The Town has not received good customer service from Copeland during the four years of the contract. Supervisor Valentino and I discussed that there could be some other Deferred Compensation Plans with better customer service . Representatives of these companies could come to the Town and demonstrate to employees their long range retirement plan . The 457B is a Deferred Compensation Plan specifically designed for municipalities . The Town sent out proposals and received four back which were reviewed . The two companies deemed the best were PEBSCO and Copeland . We did some comparisons , and these were the two that had the most years of experience dealing with the 457B . The cost factor was the most important factor we looked at. We did not want participation to cost the employees more money , so we compared examples with fixed incomes . PEBSCO does not have a percentage rate that changes . They have one specific rate they would offer. PEBSCO has internet access which the Town may be advancing towards . The most important thing that was discussed with the PEBSCO representative was that the employees who participate would get better customer service with someone actually talking to them to discuss their financial standing . Supervisor Valentino - There are approximately 10 employees participating in this plan presently. A meeting was held to survey the employees to see how they liked the idea of participation with PEBSCO . The understanding was that they liked PEBSCO . They liked the idea that there was a real TOWN BOARD MEETING PAGE 30 JULY 711997 APPROVED - AUGUST 11, 1997 person to talk to about their concerns . There might be a possibility of getting more employees involved with this program . Councilman Klein - This is over and above the retirement that the State offers? Supervisor Valentino - "Yes . " Councilman Klein - This is a voluntary contribution up to a certain maximum percentage? Supervisor Valentino - "Yes . " Councilwoman Grigorov - Could an employee access the money if they need it before retirement? Councilwoman Harrison - Yes , but only for an emergency type situation . RESOLUTION NO. 119: Motion made by Councilwoman Harrison, seconded by Councilman Conley that the goveming Town Board hereby authorizes and directs a change in the Town of Ithaca 's Deferred Compensation Program from the New York State Plan to the Model Plan with PEBSCO as the Administrative Service Agency, and Nationwide Life Insurance Company as the Financial Organization. Be it understood there is pending legislation to conform State law to Federal law which changed with the passage of the Small Business Reconciliation Act of 1996, as it pertains to deferred compensation. Assets will no longer be the property of the employer, but transferred to a trust, custodial account or an annuity for the sole benefit of the employee and his/her beneficiary. It is PEBSCO 's desire to move forward immediately upon passage of this legislation, and to receive the appropriate language and instructions from the New York Deferred Compensation Board; and be it further RESOLVED, that the Town Supervisor of the Town of Ithaca is hereby authorized and directed to enter into such agreements as are required or necessary for the implementation and maintenance of the PEBSCO Model Deferred Compensation Plan; and be it further RESOLVED, that the Town Board hereby authorizes the Administrative Service Agency to file a copy of this resolution and other required documents with the State Deferred Compensation Board, and The President of the State of New York Civil Service Commission. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Motion carried unanimously. ( NOTE: See attached formal resolution . ) AGENDA ITEM NO. 24 - CONSENT ITEMS : CONSIDER RESOLUTION APPROVING AND/OR AUTHORIZING THE FOLLOWING : RESOLUTION NO. 120 (a) - 120 (f): Motion made by Councilwoman Russell, seconded by Councilman Conley that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No. 24 (a) through 24 (f) as presented on the individual resolution. A vote on the resolution resulted as follows : TOWN BOARD MEETING PAGE 31 JULY 7, 1997 APPROVED - AUGUST 11, 1997 Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE : See attached formal resolutions . ) AGENDA ITEM NO . 25 - SET DATE FOR SPECIAL TOWN BOARD MEETING TO DISCUSS 1998 PRIORITIES AND TOWN BUDGET: Supervisor Valentino - This date would be for an alternative date to discuss the 1998 Preliminary Town Budget if needed . RESOLUTION NO. 121 : Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov that the Town Clerk is hereby authorized and directed to advertise for a Special Meeting of the Town Board to be held on September 15, 1997, at 5:30 p. m. , in order that the Town Board may consider the 1998 Priority Work Plan, and the 1998 Town Budget process. A vote on the resolution resulted as follows : Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye . Motion carried unanimously. (NOTE: See attached formal resolution . ) AGENDA ITEM NO. 26 = ADJOURNMENT: As there was no further business to come before the Town Board a motion was made by Councilwoman Harrison , seconded by Councilwoman Russell to adjourn . Motion carried unanimously. Supervisor Valentino adjoumed the meeting at 9 : 25 p . m . Respectfully submitted , qa4 Ir Joan Lent Noteboom , Town Clerk ** Next Regular Monthly Meeting - August 11 , 1997 at 5: 30 p . m . ***SPECIAL TOWN BOARD MEETING - SEPTEMBER 15 , 1997 at 5 : 30 p . m . ****Minutes Transcribed by Deborah Kelley. OFjr 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 7/7/97 Agenda Item No . 11 SEQR : Proposed Local Law Amending Town of Ithaca Zoning Ordinance Clarifying Permissible Uses in Agricultural Districts Resolution No . 111 WHEREAS , this action is the enactment of a , LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT"; and WHEREAS , said proposed local law is a clarification of the existing Town of Ithaca Zoning Ordinance , adding Section 51 B , "Applicability of Regulations Governing Residence Districts R30" , which includes specific language regarding minimum lot size , permissible uses , yard regulations , and building coverage , among other things; 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 7 , 1997 , 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 : Councilwoman Harrison SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Carried unanimously. ,- DATED : July 7 , 1997 - Joan Lent Noteboom , Town Clerk Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSEESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor: 2. Project Name: Town of Ithaca Town Board Local Law Amending Town o f Ithaca Zoning Ordinance Clarifying tCarat 3. Precise location (street address, road Intersections, prominen an s, c a . or r v4 km CtS N/A , Tax Parcel Number: N/A 4. Is proposed action : NEW? EXPANSION? MO DI FICA TICNlALTERATION? X Seem 5. Describe project briefly: (include project purpose, present land use, current and future construction plans, and other relevant items): The proposed action is enactment of a local law amending the Town of Ithaca Zoning Ordinance clarifying the permissible uses and lot regulations in Agricultural Zones . The amendment would add specific reference in the AG Zoning text that the minimum lot size in the AG Zone for any use is 30 , 000 sq . ft . , acid that the other lot regulations ( e . g . , yards , coverage , dimensions , etc . ) pertaining to Residence District R- 30 shall govern all non - farm uses , lots , and structures in a Agricultural Zone . f I (Attach secarate sheets) if recsssary to adecuateiv tescfte the orecosed prciect.) ;Amoun:t (o:f1:aand affected : Initially (0-5 yrs)3 , 52 c ss (6.lo yrs ) Acres (� 10 yrs) Acres ow Is land zoned presently? AG Agricultural 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES NO if no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What Is the present land use in the vicinity of the proposed project? Residential Commercial Industrial _ Agriculture Park/ Forest/Open Space Other N/A Please Describe: 11 . Does proposed action Involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES NO X- If yes, list agency name and permit/approval/funding : 12 Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CEFMFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name ( Print' or Type) : 7-- Catherine yalent_no , Super'v'isor Signature : -t�-'�-tr . � y/ y�-Ali-�-v Data : Julv 7 , 1997 Rev. 8/92 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary,) A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO If es , coordinate the review process and use the full EAF. f3. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617.6? YE5 NO X If no , a negative declaration may be superseded by another involved agency. if any. C . Could proposed action result in any adverse effects associated with the following : (Answers may be hancwritten, if legible) C1 . Existing air quality , surface or groundwater duality, noise levels , existing trai tc patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly: None anticipated . CZ Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: The proposed amendment incorporates specifi language in the AG zone to clarifv the intent of the original AG zone to t . No han. tge in the zone is proposed , . and no significant impacts are anticipated C3. Vicegetaton or fauna, 4sh , shellfish , or wildlife scec:es , significant habitats , unicue natural areas, wetlands, or threatened or endangered species ? Explain briefly: None anticipated . CA. The Town's existing Plans or goals as oficiaily adopted , or a change in use or intensity of use of land or other natural resources ? .' clain briefly : None anticipated . CS. Growth , suosequent aeveiccment, or related activities likeiy to be induced by fie proposed action ? Explain briefly: None anticipated . Co . Long term , short term . cumulative , or other erects not identified in C1 - CS ? Explain briefly: vone anticipated . C7. Other impacts (including changes in use of either quantity crype of energy) ? Explain briefly: None anticipated . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO X If yes , explain briefly: E. Comments of staff X CB other attached. ( Check as abolicable . ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For eae.'st adverse affect Identified above, determine whether it is substantial, large , important, or otherwise significant. Each effect should `.e assessed in connection with its (a) setting (te, urban or rural) ; (b) probability of acuring; (c) duration ; (d) irreversibility ; ( a) geographic scope ; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. i nen proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on atac hments as necessary the reasons sup bring this dater 'ono Town of Ithaca Town Board Name of Lead Agency Precazer's Signature ( If different from Responsible Officer, Catherine Valentino , Supervisor Name & Title of Resoonsible Officer in Lead Agency Signature of Contributing Preparer /LT/ � _ / �.yL � �r+ %� Date : July 7 , 1997 Signature of Resbonsibla Officar in Lead Acencv OF 1 T� a TOWN OF ITHACA - ,�, 1 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 o 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 7/7/97 Agenda Item No , 12 Enactment - "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT' Resolution No , 112 WHEREAS , the properly advertised public hearing has been held to consider a, "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT now therefore be it RESOLVED , the governing Town Board of the Town of Ithaca does hereby enact Local Law No. 2/ 1997 , "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT"; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to advertise and file the said local law as required by Town Law. MOVED : Councilwoman Harrison SECONDED : Councilwoman Russell Roll Call Vote: Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Q,., J., 'A'-"COW\ loan Lent Noteboom , Town Clerk AGENDA ITEM--NO . 10 TOWN OF =kCA LOCAL LAW NO . _ OF THE YEAR 1997 A LOCAL LAW ANIE'VDING THE TOWN OF ITHACA ZONING ORDINANCE CLARIFYING THE PERwfISSIBLE USES IN AN AGRICULTURAL DISTRICT Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The Zoning Ordinance of the Town of Ithaca as re-adopted , amended , and revised , effective February 26 , 1968 , and subsequently amended , be further amended by amending Article XI entitled " Agricultural Districts " by adding a new Section 51B reading as follows : " SECTION 51B . Applicability of Regulations Governing Residence Districts R30 . 1 . The minimum lot area of a lot in an Agricultural District, for any use , agricultural or otherwise , shall be 30 , 000 square feet subject, however, to the ability to cluster lots for residential purposes pursuant to applicable provisions of any subdivision regulations . 2 . The regulations pertaining to Residence Districts R30 , including those relating to uses , accessory uses , accessory buildings , yard regulations , building coverage , size of lot, and special properties , shall govern all non- farm uses , lots , and structures in an Agricultural District, unless otherwise specifically stated or excepted in this Ordinance . " Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3 . This law shall take effect immediately . OFIP _ 9 TOWN OF ITHACA 21 O4� 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 7/7/97 Agenda Item No . 14 Modification of Water and Sewer Benefit Assessment Formula Resolution No . 113 WHEREAS , the Town of Ithaca Town Board established the Town of Ithaca Water and Sewer Benefit Formula by resolution September 8 , 1981 , and WHEREAS , the formula was developed to assess charges to properties within the Town wide benefited area to cover capital costs in proportion to the benefit received , and WHEREAS , the Town Board has determined that the current portion of the formula dealing with the determination of benefit based on annual consumption by large users does not accurately assess benefit due to the regressive formula applied in three tiers , and WHEREAS , the Town Board has determined that modification of the formula to two tiers is a more appropriate determination of benefit received , now therefore be it RESOLVED , the Town Board hereby modifies Paragraph 9 of the benefit assessment formula for determination of benefit by consumption , to be : "9 . WATER AND SEWER CONSUMPTION When computing water and sewer units based on metered water consumption , a landowner will be charged one unit for each 16 , 000 cubic feet of average annual water consumption for the first 1 , 600 , 000 cubic feet of such consumption , i . e . , until the landowner has been assessed 100 units . If the landowner' s average annual consumption exceeds 1 , 600 , 000 cubic feet , landowner shall be assessed one additional unit for each 32 , 000 cubic feet of average annual water consumption in excess of 1 , 600 , 000 cubic feet. For the purposes of this calculation "average annual water consumption " shall be the total water consumed during the five year period ending the December 31 immediately preceding the date on which the calculation is to be made , divided by 5 . ( E . g , if the calculation is for benefit units to be assessed January 1 , x 1998 , and the calculation is being made November 1 , 1997 , the five years to be averaged would be the five years ending December 31 , 1996 . ) TB Mtg. 7/7/97 Agenda Item No . 14 Resolution No . 113 Page 2 . "9 . WATER AND SEWER CONSUMPTION - Cont' d : If the property does not have water consumption data for at least the required five year period , the assessment shall be made averaging the available data over the number of years for which data is available . If the consumption has occurred for two years or less , the assessment shall be based upon the estimate of the Town Engineer of the likely amount of consumption based upon what data is available and what other similar facilities typically consumed in a year . " The benefit assessment for large users is currently computed based on annual water consumption by the following formula : Annual Consumption Assessment Rate First , 1 , 600 , 000 cu -ft one unit per 16 , 000 cu-ft up to 100 units 1 , 600 , 000 to 4 , 800 , 000 cu-ft additional 1 unit per 32 , 000 cu-ft (next 3 ,200 , 000 cu -ft) over 4 , 800 , 000 cu -ft additional 1 unit per 64 , 000 cu -ft This is a regressive formula for the determination of benefit which is appropriate when an expansion in infrastructure is not needed to produce higher quantities of water or sewer capacity. The regressive formula gives a significant reduction in unit charge for the high volume users which may not be totally applicable when infrastructure must be sized and built to handle maximum peak loading . The Town flattened the water rate from a three tier regressive rate in the period from 1992 to 1995 , because it was determined that higher volumes of consumption did not significantly reduce the unit cost to deliver. TB Mtg. 7/7/97 Agenda Item No. 14 Resolution No . 113 Page 3 . To continue this direction the Town Board has elected to reduce the benefit assessment determination by consumption from 3 tiers to 2 by. eliminating the over 4 , 800 , 000 level . The amended formula will be as follows : Annual Consumption Assessment Rate First 1 , 600 , 000 cu -ft one unit per 16 , 000 cu-ft up to 100 units Over 1 , 600 , 000 cu-ft additional 1 unit per 32 , 000 cu-ft In addition , the proposal moves to an average five-year consumption figure rather than a direct annual consumption number to try and alleviate large changes in the number of benefit units which occur as a result of unusually high or low consumption in a particular year. MOVED : Supervisor Valentino SECONDED: Councilman Klein Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 ' Joan Lent Noteboom , Town Clerk OF 1 T� _ 9 TOWN OF ITHACA - --- � 126 EAST SENECA STREET , ITHACA , N . Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7/7/97 Agenda Item No . 15 Public Hearing Date - LOCAL LAW TO AMEND LOCAL LAW NO . 2 , 1976 , BY CLARIFYING DUE DATE OF BILLS , USE OF CURRENT UNPAID BILLING INFORMATION FOR LIEN PURPOSES AND TO EXTEND TIME BEFORE SUPERVISOR MAY TERMINATE SERVICE Resolution No , 114 BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on August 11 , 1997 , at 6: 15 p . m . , in order that the Town Board may consider a , "LOCAL LAW TO AMEND LOCAL LAW NO . 211976 , BY CLARIFYING DUE DATES OF BILLS , USE OF CURRENT UNPAID BILLING INFORMATION FOR LIEN PURPOSES AND TO EXTEND TIME BEFORE SUPERVISOR MAY TERMINATE SERVICE" . MOVED: Councilwoman Grigorov SECONDED : Councilman Conley Supervisor Valentino , aye; Councilwoman Grigorov , aye; Councilman Klein , aye; Councilwoman Harrison , aye; Councilman Conley, aye ; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF I r F _ 9 TOWN OF ITHACA - --- � 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7/7/97 Agenda Item No . 16 Public Hearing Date - A LOCAL LAW TO CLARIFY MINIMUM SEWER RENTS FOR PROPERTIES WITHOUT METERED WATER Resolution No. 115 BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on August 11 , 1997 , at 6 : 30 p . m . , in order that the Town Board may consider a, "LOCAL LAW TO CLARIFY MINIMUM SEWER RENTS FOR PROPERTIES WITHOUT METERED WATER" . MOVED: Councilwoman Grigorov SECONDED : Councilwoman Harrison Supervisor Valentino , aye; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF 1P a TOWN OF ITHACA ,l,� �o¢� 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 7/7/97 Agenda Item No . 18 AUTHORIZATION TO CONTRACT FOR SERVICES OF ICHTHYOLOGICAL ASSOCIATES TO CONDUCT A PRELIMINARY WETLAND EVALUATION OF PROPOSED SOUTH HILL PARK LAND Resolution No . 116 WHEREAS , the Town of Ithaca has been offered the dedication as park land of contiguous portions of Tax Parcel No' s . 43= 1 -3 . 2 , 43- 1 -3 . 4, and 43- 1 -3 . 32 , totaling 12 . 5 +/= acres on South Hill ; and WHEREAS , the Town of Ithaca Draft Park, Recreation and Open Space Plan (March 109 1997) recommends the assemblage of at least 10 acres for a community park on South Hill ; and WHEREAS , the Planning Board , on May 20 , 1997 , adopted a resolution recommending that the Town Board accept the location of the above= referenced park land ; and WHEREAS , questions were raised at the June 17 , 1997 Planning Board meeting regarding the possible presence of federally- regulated freshwater wetlands ; and WHEREAS , a Preliminary Wetland Evaluation conducted by a wetland consultant could provide the Town Board with valuable information regarding site conditions and how the site could be developed as park land ; and WHEREAS , the Planning Department has obtained proposals and cost estimates for the completion of a Preliminary Wetland Evaluation of the proposed South Hill Park site from four consultants; and WHEREAS , the Director of Planning recommends that Ichthyological Associates has offered the Town the best proposal in terms of cost, local experience and ability to complete the project in a timely way; and WHEREAS , Ichthyological Associates has indicated that they can complete the requested Preliminary Wetland Evaluation for $ 275 . 00; and 6 TB Mtg , 7/7/97 Agenda Item No, 18 Res , No , 116 Page 2 . WHEREAS , it has been determined that there are sufficient funds in Account # 131990 . 400 Contingency to pay for this study. NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby support the preparation of a Preliminary Wetland Evaluation of the proposed South Hill Park Land parcels to determine whether there are any state or federally regulated freshwater wetlands present; and BE IT FURTHER RESOLVED , that the Town of Ithaca Town Board authorizes the Supervisor of the Town of Ithaca to enter into a contract with Ichthyological Associates to conduct a Preliminary Wetland Evaluation of the proposed South Hill Park Land ; and BE IT FURTHER RESOLVED , that the Town Board of the Town of Ithaca does hereby approve an amount not to exceed $300 . 00 in total to compensate Ichthyological Associates for services rendered , to be transferred from Account # 131990 . 400 Contingency into Account # B8020 . 406 Planning Study. MOVED : Supervisor Valentino SECONDED: Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov , aye; Councilman Klein , aye; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye . Carried unanimously. DATED: July 7 , 1997 Joan Lent Noteboom , Town Clerk �1y OF 1p _ 9 TOWN OF ITHACA -n 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 7/7/97 Agenda Item No. 19 AUTHORIZATION OF GRANT APPLICATION FOR RURAL NEW YORK GRANT PROGRAM Resolution No . 117 WHEREAS , the New York Planning Federation and the Open Space Institute will be accepting applications for funds in the 1997 Rural New York Grant Program in the categories of planning grants and environmental action grants , respectively, and WHEREAS , the Town of Ithaca Conservation Board has expressed interest in applying for funds under this program , and WHEREAS , the Conservation Board has a number of current and planned projects which could be eligible for funds under this grant program , NOW, THEREFORE, BE IT RESOLVED , that the Town of Ithaca Town Board authorizes the Town of Ithaca Conservation Board to apply for Rural New York Grant Program funds . MOVED : Councilwoman Harrison SECONDED : Councilman Klein Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye . Carried unanimously. DATED: July 7 , 1997 ' Joan Lent Noteboom , Town Clerk OF 1p TOWN OF ITHACA ,�,� �o¢� 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 7/7/97 AGENDA ITEM NO . 20 AUTHORIZATION FOR TOMPKINS COUNTY TO APPLY FOR A 1997 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF THE TOWN OF ITHACA Resolution No . 118 WHEREAS , the U . S . Department of Housing and Urban Development ( HUD) will be accepting applications for Small Cities Community Development Block Grant (CDBG ) funds in 1997 , and WHEREAS , the Town of Ithaca is an eligible and interested applicant for funds under this program , and WHEREAS , Tompkins County has the ability to and has offered to apply on behalf of the Town of Ithaca for funds under the rules of the Small Cities CDBG program , and WHEREAS , Tompkins County intends to apply for funds under the Small Cities CDBG program for an Economic Development Program to add to the revolving fund to provide low- interest loan assistance to qualifying companies doing business in Tompkins County, and WHEREAS , this application would be for the second round of funding for the Axiohm IPB Expansion Project , the first round of which was successfully funded in 1996 , and WHEREAS , Tompkins County has indicated that the County would have full administrative responsibility and liability for administration of any funds received from and any programs implemented through the Small Cities CDBG program , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board authorizes Tompkins County to apply for Small Cities CDBG funds on behalf of the Town of Ithaca to HUD for program funds for the County's Economic Development Program as part of the 1997 funding round , and authorizes the Supervisor of the Town of Ithaca to sign any necessary documents to implement this application , and FURTHER RESOLVED , that this approval is made with the understanding that the Town of Ithaca shall not be required to enter into any indemnification agreements with Tompkins County or any other federal , state , or local governmental entity, and t TB Mtg . 7/7/97 Agenda No . 20 Res, No . 118 Page 2 , FURTHER RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a public information meeting to be held at the regular meeting of the Town Board on August 11 , 1997 , at 6 : 45 p . m . in order that the Town Board may meet the HUD requirements for the public participation process in applying for the Small Cities Community Development Block Grant, MOVED: Councilman Conley SECONDED: Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye ; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF 1p F 9 TOWN OF ITHACA ,�,� �04� 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 7/7/97 Agenda Item No . 23 Acceptance of Proposed Model 457 Deferred Compensation Plan Resolution No . 119 WHEREAS , the Town of Ithaca accepted proposals for a 457 Deferred Compensation Plan for employees of the Town for the voluntary participation of all eligible employees ; and WHEREAS , the Town Supervisor of the Town of Ithaca , Human Resources Specialist and Accountant have reviewed all proposals and have deemed it advisable to change from the current NY State Deferred Compensation Plan to the proposed model plan of Public Employees Benefits Service Corporation ( PEBSCO) ; and WHEREAS , the Town of Ithaca as a public employer is eligible to have a Deferred Compensation Plan in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of New York State with the purpose of encouraging employees' career continuance with the Town by providing eligible employees with a convenient and tax-favored method of saving on a regular long-term basis to thereby provide for their retirement; now therefore be it RESOLVED , the governing Town Board hereby authorizes and directs a change in the Town of Ithaca' s Deferred Compensation Program from the New York State Plan to the Model Plan with PEBSCO as the Administrative Service Agency, and Nationwide Life Insurance Company as the Financial Organization . Be it understood there is pending legislation to conform State law to Federal law which changed with the passage of the Small Business Reconciliation Act of 1996 , as it pertains to deferred compensation . Assets will no longer be the property of the employer, but transferred to a trust , custodial account or an annuity for the sole benefit of the employee and his/her beneficiary . It is PEBSCO' s desire to move forward immediately upon passage of this legislation , and to receive the appropriate language and instructions from the New York State Deferred Compensation Board ; and be it further RESOLVED , that the Town Supervisor of the Town of Ithaca is hereby authorized and directed to enter into such agreements as are required or necessary for the implementation and maintenance of the PEBSCO Model Deferred Compensation Plan ; and be it further TB Mtg, 7/7/97 Agenda Item No . 23 Resolution No . 119 Page 2 . RESOLVED , The Town Board hereby authorizes the Administrative Service Agency to file a copy of this resolution and other required documents with the State Deferred Compensation Board , and The President of the State of New York Civil Service Commission . MOVED : Councilwoman Harrison SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye. Carried unanimously. DATED: July 7 , 1997 ' Joan Lent Noteboom , Town Clerk ^+s �1y OF I ,% 9 TOWN OF ITHACA ,�. � ¢� 126 EAST SENECA STREET, ITHACA , N . Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273--8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7/7/97 Agenda Item No' s, 24(a) =24(f) Consent Agenda Items Resolution No ' s . 120 (a)- 120 (f) BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No. 24(a) through 24(f) as presented on the individual resolution . MOVED: Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino, aye; Councilwoman Grigorov , aye; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF 1p F _ 9 TOWN OF ITHACA - ,,t►�,� Y o4. 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 7/7/97 Agenda Item No . 24(a) Approval Town Board Meeting Minutes Resolution No . 120 (a) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the special meeting held on June 2 , 1997 , and for the regular meeting held on June 9 , 1997 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed the minutes for the said meeting ; now therefore be it RESOLVED , the Town Board does hereby approve and adopt the minutes for the special meeting held on June 2 , 1997 , and for the regular meeting held on June 9, 1997 , as the official minutes for the said meetings . MOVED: Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk fly OF 1 r� _ 9 TOWN OF ITHACA o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 7/7/97 Agenda Item No , 24 (b) Town of Ithaca Warrants Resolution No . 120 (b) WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the Ithaca Town Board hereby authorizes the payment of the said vouchers . General Townwide Vouchers : No . 1083- 1086 , $4 , 611 . 35 ; No . 1087- 1140 , $79 , 071 . 99 General Outside Village Vouchers : No . 451 , $304 . 12 ; No . 452 479 , $ 16 , 818 . 41 Highway Vouchers : No . 684=729 , $ 1749659 . 35 Water District Vouchers : No . 286-288 , $2 , 925 . 91 ; No . 289-299 , $296 , 499 . 07 Sewer District Vouchers : No . 297=300 , $744 . 31 ; No . 301 =314 , $ 134 , 387 . 72 Lighting District Vouchers : No . 50 , $ 1 , 146 . 88 Fire Protection Fund Vouchers : No . 3 , $830 , 522 . 50 MOVED : Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Ja,.+ OV;tcr Joan Lent Noteboom , Town Clerk i OFIr E a 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 7/7/97 Agenda Item No , 24 (c) Bolton Point Warrants Resolution No , 120 (c) WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the Town Board hereby authorizes the payment of the said vouchers . Operating Fund Vouchers : No . 1980= 1992 , $54 , 624 . 97 No . 1993=2041 , $97 , 392 . 98 Capital Projects Fund Vouchers : No . H44 , $ 137731 . 70 MOVED : Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye; Councilwoman Grigorov , aye; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF 1 r 9 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273--8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 7/7/97 Agenda Item No, 24 (d) Approval to Attend Management Training Seminar Resolution No , 120(d) WHEREAS , Fred Pryor Seminars is conducting a one-day seminar on " Management Problems of the Technical Person in a Leadership Role, " on July 15 , 1997 in Elmira , New York; and WHEREAS , the seminar will provide valuable management and supervisory training for technical/professional staff; and WHEREAS , the Director of Planning has determined that it will be beneficial to the Town to send George Frantz, Assistant Town Planner , and JoAnn Cornish , Planner, to this seminar; and WHEREAS , travel expenses will be minimized since Elmira is within driving distance of Ithaca, and a Town car will be used to drive to and from Elmira; and WHEREAS , the current Planning Department budget includes sufficient funds for this purpose , NOW, THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of George Frantz, Assistant Town Planner, and JoAnn Cornish , Planner, at the above-described seminar on " Management Problems of the Technical Person in a Leadership Role , " on July 15 , 1997 , in Elmira, New York, at a cost not to exceed $425 . 00 , which includes registration ($390 for two) , meals (approx. $20 for 2 for lunch ) , and parking or other qualifying expenses , charged to Account B8020 . 403 . MOVED : Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF I .? _ 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 7/7/97 Agenda Item No . 24 (e) Fall Brush and Leaf Collection Resolution No . 120(e) WHEREAS , the Highway Department provides yard refuse disposal services for the Town of Ithaca residents; and WHEREAS , twice annually the Highway Department will collect brush and leaves from roadsides ; now therefore be it RESOLVED , that brush collection by the Highway Department will commence on October 14 , 1997 until finished , and leaf collection will commence on November 10 , 1997 until finished . MOVED : Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov , aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye . Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk OF I r 9 TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y o 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 7/7/97 Agenda Item No , 24(f) Appointment of Highway Laborers Resolution No, 120 (f) WHEREAS , the Town Board created two additional positions in the Labor Class ( D) for the Highway Department by resolution No . 101 /1997 on June 9 , 1997 ; and WHEREAS , the Highway Superintendent and the Selection Committee interviewed nine candidates for these positions and determined that Montague L. Mouillesseaux and Toby R . Brown possess the necessary skills and experience to successfully perform the duties outlined in the Labor Class job description ; now, therefore, be it RESOLVED , that on the recommendation of the Highway Superintendent , the Town Board of the Town of Ithaca does hereby ratify the appointment of Mr. Mouillesseaux and Mr. Brown to the newly created full -time laborer positions , in the Labor Class pursuant to Section 43 of the Civil Service Law, at an hourly wage of $7 . 50 effective July 7 , 19970 A twenty six (26) week probationary period applies after which a performance review ill be performed to determine employment status . Full benefits apply. MOVED: Councilwoman Russell SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye. Carried unanimously. DATED : July 7 , 1997 Joan Lent Noteboom , Town Clerk �1yOFIr F 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 7/7/97 Agenda Item No , 25 Date for Special Town Board Meeting Resolution No . 121 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Special Meeting of the Town Board to be held on September 15 , 1997 , at 5 : 30 p. m . , in order that the Town Board may consider the 1998 Priority Work Plan , and the 1998 Town Budget process . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov Supervisor Valentino , aye; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye ; Councilwoman Russell , aye . Carried unanimously. DATED: July 7 , 1997 a4-�.j iz V�:& Joan Lent Noteboom , Town Clerk 41y OF 1 ,% 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 July 7 , 1997 5 : 30 p. m . AGENDA 1 . Call to Order. 2 . Pledge of Allegiance . 34 Report of Town Officials : a . Director of Engineering . b . Highway Superintendent . c . Director of Planning . d . Director of Building and Zoning . e. Town Clerk/Receiver of Taxes . f. Human Resources . g . Financial Report. 40 5 : 30 p. m. - Doug Pessefall , Executive Director - City of Ithaca , BID . 5 . Report of Town Committees . 66` Report of Tompkins County Board of Representatives . 7 . Report of Fire Commissioners . 8 . Review of Correspondence: 9 . 6 : 00 p. m . - PERSONS TO BE HEARD. 100 6 : 15 p. m. - PUBLIC HEARING : To consider a , "LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT'. 11 . Consider SEQR related to a , "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT". TB Mtg . 7/7/97 Agenda Page 2 . 12 . Consider enactment of a , "LOCAL LAW AMENDING THE ZONING ORDINANCE CLARIFYING THE PERMISSIBLE USES IN AN AGRICULTURAL DISTRICT" . 13 . Report regarding easement with Therm Incorporated for South Hill Trail , 14 . Consider modification of Resolution No . 153/September 8 , 1981 , Town of Ithaca Water and Sewer Benefit Formula , to change portions of the benefit assessment for water based on the metered water consumption . 15 . Set date for public hearing to consider amendments to Local Law No. 2/1976 a , "LOCAL LAW PROVIDING FOR THE INSTITUTION , ADMINISTRATION , REGULATION , AND COLLECTION OF WATER RATES AND OTHER CHARGES RELATING TO WATER SERVICE" , to clarify the due date of the bill to use current unpaid billing information for lien purposes , and to extend the time before Supervisor may terminate service . 16 . Set date for public hearing to consider amendments to Local Law No . 6/ 1986 , a " LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA update and clarify provisions relating to non- payment and to establish a uniform rate for unmetered properties that have public sewer services without public water service . 17 . Further discussion of possible uses and costs of development of Monkemeyer/South Hill park land proposal . 1'8 . Consider expenditure of funds for preliminary wetland evaluation of Monkemeyer/South Hill parcels proposed as park land . 196 Consider authorization to submit grant application for the Rural New York Grant Program . 20. Consider authorization for Tompkins County to apply for 1997 Small Cities Community Development Block Grant funds on behalf of the Town of Ithaca for second round funding for the Axiohm IPB Expansion Project. 218 Consider approval of agreement with Tompkins County for the installation and repair of utilities in the County tight-of-way. 220 Consideration and review of draft Personnel Manual . TB Mtg. 7/7/97 Agenda Page 3 . 23 . Consider acceptance and award of proposal for an IRC , 457B , Deferred Compensation Plan to provide a long-term retirement program for those employees who would elect to participate . 24. Consent Items: Consider resolution approving and/or authorizing the following : a. Town Board Minutes - 6/2/97 , 6/9/97 . b . TOWN OF ITHACA WARRANTS . c . BOLTON POINT WARRANTS . d . Approval of Attendance - Management Training Seminar. e . Fall Brush and Leaf Pick Up dates . f. Appointment Highway Laborers . 25 . Set date for special Town Board Meeting to discuss 1998 Priorities and Town Budget. 268 Consider ADJOURNMENT. f Agenda Item 3b Town of Ithaca Highway Department ' s Monthly Board Report , June 1997 Town Board of the Town of Ithaca, July 7 , 1997 Hig_hw Superintendent On June 24, 1997, we met with the Corps of Engineers and DEC for the annual inspection of the Inlet flood control structures . At this meeting, we were informed that the FEMA moneys that had been appropriated for the dredging of the inlet channel are no longer available . These moneys were transferred to the FEMA projects in the Midwest . They were not sure when the moneys for this project will be reinstated . During the month of June , the Highway crews continued working on Kendall Avenue , Pennsylvania Avenue, and W . King Road preparing them for paving. They completely reworked the drainage on these roads , changed pipes , installed catch basins, put drains under the road, and reshaped the ditches . On June 23 and 25 we applied the base paving on these roads . In July we will apply the top coat and shoulders—then these roads will be completed. The Highway crews expended just over 1 ,000 hours during the month of June on this project. Other projects worked on during the month of June include ditching, hauling material for stock piling, and patching roads . This took 683 . 5 hours of time. Roadside mowing commenced in June . Along with some routine roadside brush and weed removal , we spent 146 hours of time on these projects . it took the whole month to make one initial pass around the entire Town . A second pass using the boom mower will begin July 1 to mow areas not reachable with the sickle bar mower. The Highway crews worked 80 hours this month on water maintenance. This includes a water break repair on Slaterville Road and repairs to water valve boxes. We spent 379 hours on machinery/vehicle maintenance and repairs . Ldy Highway Projects 1 . Put top coat on Pennsylvania Avenue, Kendall Avenue, and W . King Road. 2 . Prepare for Surface Treating Roads a. Ditching b . Patching Road C. Raising Manholes d. Shoulder work Park and Open Space Manager 41 Mowing of the parks and trails took 137 hours . Growth conditions were such that, even with mowing every available dry day, we just barely kept up . The last group of lawn repairs and reseedings were completed for spring. This took an additional 27 . 5 hours . Fall seedings will begin again after August 15 , 19970 The permanent map display stands for the four main entrances to South Hill Trail were installed. This took 32 hours. We will be mounting the larger scale maps and some additional informational materials under Plexiglas covers early in July. Various Routine Maintenance tasks , totaling 242 hours, completed our work efforts for June . ,fly Parks Proiects 1 . Install under drains and complete subgrading for Eastern Heights Park Basketball Court. 2 . Order pair goal posts for Basketball Court . 3 , Summer Youth Program starts July 7, 1997. 4. Preparation for YCC Projects to begin the end of July. 5 . Continue regular grounds maintenance 6 . Finish wood chipping nature trails . 7. Play structure repairs and sealing. 8 . Begin tree, shrub , and trail pruning. ghk Agenda 3,d TOWN OF ivnIACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF JUNE 1997 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1997 0 0 0 0 RESIDENCES 1996 0 0 0 0 SINGLE FAMILY DETACHED 1997 3 312,665 7 5654665 RESIDENCES 1996 0 0 2 136,000 1997 0 0 1 175 ,000 TWO FAMILY RESIDENCES 1996 0 0 15 2,27030 1997 2 4,500 10 59,458 RENOVATIONS 1996 2 32.000 9 174,738 1997 0 0 2 5.500 CONVERSIONS OF USE 1996 1 18,000 1 18,000 1997 3 112,620 9 3439507 ADDITIONS TO FOOTPRINT 1996 0 0 5 110,929 1997 I 12,000 3 81455,000 MULTIPLE RESIDENCES 1996 0 0 0 0 1997 0 0 7 174,500 AiNUSINESS 1996 2 177,214 9 665 ,652 1997 0 0 0 0 9GRICULTURAL 1996 0 0 0 0 1997 0 0 0 0 INDUSTRIAL 1996 0 0 0 0 1997 0 0 5 3, 1717869 EDUCATIONAL 1996 l 2925000 Il 71588,720 MISCELLANEOUS 4 Storage buildings 16,930 1 16 x 28 detached carport 59100 110' x 23' porch 39000 2 Decks 2,833 I Sauna house 51000 1 IC "J" parking lot 740.899 1997 10 773 ,762 28 927,328 CONSTRUCTION 1996 0 0 13 96, 174 TOTAL NUMBER OF 1997 19 11215 ,547 72 13 .877,827 PERMITS ISSUED 1996 6 519.214 65 11 ,065. 143 TOTAL FEES 1997 19 21020 72 11 ,380 RECEIVED 1 1996 6 1 ,235 65 16,470 ate Prepared: July 2, 1997 ani L. Holford uilding/Zoning Department Secretary . 2 . TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 20 I . 104 Sycamore Drive - extend garage. 2. 132 Indian Creek Road - renovations to existing single-family dwelling. 3 . 770 Elm Street - 2 story residential addition. 4. 102 Rachel Carson Way - new two-tamily dwelling - temporary. 5 . 105 and 106 Rachel Carson Way - new two-family dwelling. 6. 313 Warren Road - inground swimming pool . 7. 313 Warren Road - garage/carriage house. 8. 313 Warren Road - renovate existing single-family dwelling. 9. 138 Whitetail Drive - new single-family dwelling. 10. 109 Christopher Circle - 576 square foot building addition and interior renovation . 11 . 126 Judd Falls Road - convert a carport into a garage. 12. 116 Woolf Lane - new single-family dwelling. 13 . 172 East King Road - Hospicare residence and administrative offices - temporary. 14. 101 and 102 Rachel Carson Way - new two-family dwelling. 15 . 6 Schickel Road - 12' x 20' storage building. 16. 298 Birchwood Drive North - new two-family dwelling. 17. 377 (Suite 210, East Hill Plaza) Pine Tree Road - renovations to office space. 18. 940A East Shore Drive - add second floor bathroom . 19. 103 Grove Road - inground swimming pool . 20. 108 Rachel Carson Way - new two-family dwelling - temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1997 - 75 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1996 - 69 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 6 1 . 6 Schickel Road - building code - abated. 2. 1408 Hanshaw Road - building code - pending. 3 . 235 Coddington Road - property maintenance - abated. 4. 306 Salem Drive - building code - no violation found. 5 . 1046 East Shore Drive - property maintenance - abated. 6. 1494 Mecklenburg Road - property maintenance - no violation found. From March 1997: 1 . 1469 Trumansburg Road - property maintenance - pending. 2. 1415 Trumansburg Road - property maintenance - pending. From Mav 1995 : 1 . 1152 Danby Road - zoning and building code - pending legal action. From March 1994 : I . 132 Forest Home Drive - building code - pending state hearing on 9/ 19/96 - variance granted - pending compliance with fire alarn -3 - OTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1997 - 23 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1996 - 47 TOTAL FIELD VISITS THIS MONTH - 120 Uniform Building Code - 95 Local Law and Zoning Inspections - 15 Fire Safety - 2 (businesses) Fire Safety Reinspections - 8 (3 apartments, 2 businesses, 2 day care, 1 restaurant) Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 1997 - 544 TOTAL FIELD VISITS YEAR TO DATE, 1996 - 538 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 1997 - 2 TOTAL SIGN PERMITS YEAR TO DATE, 1996 - 3 ZONING BOARD OF APPEALS 1 MEETING, 5 CASES. AGENDA ATTACHED � �IA TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JUNE 11 , 1997 7 : 00 P. M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, June 11 , 1997, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N . Y ., COMMENCING AT 7 :00 P .M . , on the following matters : APPEAL of Dorothy and George Allen, Appellants, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to construct 576 + square feet of additional living space on the east side of a nonconforming single-family residence located at 138 Indian Creek Road, Town of Ithaca Tax Parcel No. 22-2-9 , Residence District R-30 . The building is nonconforming with a 31 .5 + foot west side building setback (40 feet required) and will O have a 22 .5 foot east side setback (40 feet required) . A variance from Article V , Section 21 may also be requested . QAPPEAL of Carolyn Grigorov, Appellant, requesting a variance from the requirements of Article X-A, Section 50 F and H of the Town of Ithaca Zoning Ordinance, to be able to create, by subdivision, a parcel of land not fronting on a Town, County, or State v highway, nor having a front yard, within the Six Mile Creek Valley Conservation District on a portion of Town of Ithaca Tax Parcel No. 51 - 1 -3 .2 off ofCoddington Road. A variance from the requirements of Section 280-A of New York State Town Law may also be requested. F APPEAL of Dorothy and Robert Summers, Owner, Daniel J . Strawbridge, Appellant/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 enlarge a c nonconforming residential building/lot with a 14 x 16 foot addition to be added to the rear of an existing residence at 116 McIntyre Place, Town of Ithaca Tax Parcel No. 66-5 -9 .2, Residence District R- 15 . Said building/lot is nonconforming since there is a 22 ° foot rear yard building setback (30 foot setback required) with said addition reducing the setback to 8 + feet. Additionally, the parcel is 11 ,343 + square feet in area ( 15 ,000 square feet required) . APPEAL of Dick and Mary Cogger, Owner, Ralph Varn, Appellant/Agent, requesting a variance from the requirements of Article IV , Section I 1 of the Town of Ithaca Zoning Ordinance to be permitted to construct an observation loft on an existing residential building at 14 Dove Drive, Town of Ithaca Tax Parcel No. 61 - 1 -8 .45 , Residence District R- 15 . Said building will have a new height of 40 + feet (36 foot maximum height allowed) . APPEAL of Jody D . and Jeffrey J . Boronkay, Appellants, requesting a variance from the requirements of Section 2 .01 -2 of the Town of Ithaca Sign Law, to be permitted to place an "off premise" sign advertising a day care operation on Evergreen Lane, with osaid sign placed at 105 DuBois Road, Town of Ithaca Tax Parcel No. 24-2- 1 .2, Residence District R-30 . The Sign Law prohibits the placement of a sign off of the property for which the sign is intended to advertise. Said Zoning Board of Appeals will at said time, 7 :00 p .m ., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: June 3 , 1997 Publish: June 6 , 1997 Agenda # 3a D m �yD C w C/) 77 rm 77 U N U J Z oo ° O 0 CD C C1 0 o U o U U n ;, 0 0 0 0 ^ 0 0 0 0 0 0 0 0 0 0 0 0C r a n b -n 0 0 0 0 0 0 0 Tf C a o 0 0 0 0 0 0 o o 0 0 o z N w W O O 0 > > id r � t� o � � 1 .� CD O O O O O U N 00 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z > z > J O O O O { U O U O O O O C40 r^ mn y r _� = - °o v C U o 0 0 0 0 O 0 z 0 0 0 0 0 0 0 z 0 0 0 0 0 0 0 0 l M A > 77 > 1 U N w o rA n o o C o o Co °o `�" n 0 0 0 0 0 0 0 0 l—� 0 0 0 0 0 0 0 0 ^ o_ O > U N J N > Oo Q\ U J O N 0o N C O 0 w O O In N Agenda Item #3c Planning Director's Report for Iuly 7, 1997 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board . Health Sciences and Human Performance Building, Ithaca College The Planning Board granted Preliminary Site Plan Approval and approved a recommendation regarding Special Approval to the Zoning Board of Appeals at the June 17th, 1997 meeting for the proposed construction of a three-story, 91 ,000 + / - square foot building for the Health Sciences and Human Performance Department and associated site work, located on the Ithaca College campus, Residence District R-15 . South Hill (Monkemeyer) Park Parcels, East King Road After a continuation from the June 17th, 1997 meeting, the Planning Board granted Preliminary Subdivision Approval at the July 1 , 1997 meeting for three parcels, totalling 12 .5 + / - acres, located on the north side of East King Road, for the purpose of conveyance and dedication to the Town of Ithaca as park land . (See Agenda Item No' s . 17 and 18 for the July 7, 1997 Town Board meeting . ) Baker Subdivision (City of Ithaca) , Slaterville Road The Planning Board granted Preliminary and Final Subdivision Approval at the July 1 , 1997 meeting for the proposed subdivision of a 4.09 + / - acre lot from a 12 .4 + / - acre parcel for conveyance to the City of Ithaca for use as public park land, located off of Slaterville Road, Residence District R-15 and CD- Conservation District. Frandsen Subdivision, Park Lane The Planning Board granted Final Subdivision Approval for Lots A7 and A8 in the "Frandsen Subdivision, Section 4," for which Preliminary Subdivision Approval was granted by the Planning Board on July 8, 1986, said lots to be combined into one building lot, located on the south side of Park Lane approximately 550 feet south of Tudor Road, Residence District R- 15 . Recommendation on Zoning Ordinance Amendment, Agricultural District The Planning Board approved a recommendation to the Town Board at the July 1 , 1997 meeting regarding a proposed local law amending the Town of Ithaca Zoning Ordinance clarifying the applicability of R-30 Residence District regulations to non-agricultural activities in AG Agricultural Districts . (See Agenda Item No . 10 for the July 7, 1997 Town Board meeting. ) CURRENT PLANNING DEPARTMENT PROJECTS The following are significant accomplishments or issues that have been dealt with over the past month . SEOR Reviews for Zoning Board :oard : Two SEQR reviews for the Zoning Board were completed : ( 1 ) request for authorization to enlarge a non-conforming building, 751 Elm Street Extension, Residence District R-15 (William Alberta); and (2) request for height variance to maintain an accessory building with a height of 22 + / - feet (maximum 15 foot height allowed), located at 1341 Mecklenburg Road, Residence District R-30 (David Warden and Robin Botie) . Codes and Ordinances Committee : Staff is still waiting for the revised draft of zoning districts from the Attorney for the Town so that the draft and Executive Summary can be distributed to boards and committees for initial review. The Committee reviewed sections on "Site Plan Review and Approval Procedures" and "Special Permits and Special Approvals" at the June 18, 1997 meeting. Additional review of the aforementioned sections and initial review of the section on "Non-conforming Uses" are tentatively scheduled for review at the July 16, 1997 meeting . Planning Committee: The Planning Committee met on June 16, 1997 with Monika Roth of the Cooperative Extension Association for a strategy session to discuss agricultural and farmland protection issues . The Committee has subsequently scheduled a public meeting on Tuesday, July 8, 1997, at the Cooperative Extension offices on Willow Avenue for farmers and agricultural interest groups to provide input on possible measures to preserve important farmland and encourage farming within the Town . Park , Recreation and Open Space Plan Update: Three public information meetings were held, as outlined below: Tues . , June 10th, 7:00 p .m . : South Hill Elementary School Weds. , June 18th, 7: 00 p .m . : Northeast Elementary School Thurs ., June 26th, 7:00 p .m . : Alternative Community School 2 Some members of the Town Board , Planning Board and Conservation Board attended these meetings . An Executive Summary of the draft Plan has been prepared and was distributed at the public information meetings . Summaries of each of the meetings have been prepared , and will be assembled and provided to Town Board members . Attendance at the meetings averaged about 15 participants . The next step will be to prepare a revised draft Plan, incorporating comments and suggestions that were provided at the public information meetings, bringing the revised draft back to the Town Board for consideration, and then setting a public hearing sometime in early fall . Town of Ithaca - Cornell University Transportation Committee: The Committee met on June 11th, 1997 to discuss the Cayuga Heights Triphammer Road project, possible improvements being considered by the Town of Ithaca Highway Department on Caldwell Road, and follow-up discussions on possible East Ithaca Recreationway connections. The Committee will meet again on July 8, 1997 for follow-up discussions on the above items . Northeast Subarea Study : MPO staff was to prepare a revised Scope of Services to send to the selected consultants . With the announced resignation of the Director of the Ithaca-Tompkins County Transportation Council, it is not clear how the timing of this project will advance. This is something that the MPO Policy Committee discussed at their June 17, 1997 meeting, and needs to be carefully monitored . Personnel : Staff evaluations have been completed for the Planning Department, and evaluation forms have been submitted to the Personnel office. Development Review Fees : Planning staff has coordinated an update of the development review accounts with Accounting staff. As a result, closed accounts with remaining balances on deposit have been identified, and checks have been sent to the respective applicants in the amounts of those balances with letters indicating that the accounts are now considered closed . Those refunds totalled $ 1 ,711 . 80, and are summarized on the table attached at the end of this report. This is the first time in recent years that review fee deposits for closed accounts have been accurately tracked and recorded, and the accounts have actually been closed for accounting purposes . Special Benefit District Committee : Planning and Engineering staff have been compiling an analysis, utilizing the GIS system, of large parcels (over 2 acres) by zoning district, to provide comparative information on development potential of these parcels, use classifications according to the assessment roles, etc. This information will assist the Committee in considering any suggested changes in the current water and sewer benefit formula . Filename: 17p1an \ townbd \ tpre0797.mem 3 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : MEMBERS : TOWN OF ITHACA TOWN BOARD FROM : JOANN CORNISH - PLANNER DATE : JUNE 18 , 1997 RE : DEVELOPMENT REVIEW ACCOUNT REFUNDS Planning staff , together with accounting staff , have reviewed the following projects and have determined that they are eligible for refunds in the amount shown . PROJECT PROJECT NAME APPLICANT PROJECT STATUS ' BALANCE NUMBER:. . . . . . ,: . . . : .<: .:, .:::. :: : :: 90-05-011 Ide 's Bowling Scott & Sue Hamilton Closed - Refund Balance 128. 6 90-05-017 East Hill Gulf Robert Andree Closed - Refund Balance 250. 0 90-08-032 M&SO Fuel Facility Cornell University Closed - Refund Balance 186.2 91 -04-050 Cayuga Lake Estates David A . McArdle Closed - Refund Balance 307. 0 91 -07-065 Cannon Pools David Axenfield Closed - Refund Balance 117. 0 91 - 11 -067 Laketop Jerold Weisburd Closed - Refund Balance 12500 91 - 12-072 South Hill Retail Novarr Mackesey Closed - Refund Balance 186. 9 92-01 -075 Minnie Is BBQ Ken Baldassarre Closed - Refund Balance 74. 0 92-02-078 SE Precinct Earth Fill Cornell University Closed - Refund Balance 105. 0 92- 10-096 Bell 's Warehouse Thomas & Martha Bell Closed - Refund Balance 232 .0 Should you have questions or require additional information , feel free to contact me . AGENDA NO . 3 ( e ) t FORM NO. 1002-N TOWN CLERK'S MONTHLY REPORT walw.sa+ uweooKCO.. vkro0. NV ,.ss. y TOWN OF_ Ithaca NEW YORK (Month) June 1997 TO THE SUPERVISOR: Pursuant to Section 27, Subd. 1 , of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office, during the month above stated, excepting only such fees and moneys the application and payment of which are otherwise provided for by law: LICENSE CATEGORY NUMBER OF LICENSES SOLD OR ISSUED COMMISSION COMMISSION TOTAL USED SENIOR (65 t I Military Disability) FISHING - SEASON 1000 HUNTING (Small Game) BIG GAME (Deer and Bear) TRAPPING BOWHUNTING (Big Game License Required) MUZZLELOADING (Big Game Ucame Required) SPORTSMAN FISHING - J DAY 1 . 00 JUNIOR TRAPPING (Under 16 yrs.) , SPECIAL SECOND DEER PERMIT (See Big Game Guide) TURKEY PERMIT (Available at DEC offices only) NON-RESIDENT FISHING - SEASON NOWRESIOENT HUNTING - SEASON (Small Game) NON-RESIDENT BIG GAME (Deer ONLY) NON-RESIDENT FISHING - 5 DAY NON-RESIDENT HUNTING - 5 DAY NON-RESIDENT MUZZLELOADING NON-RESIDENT BOWHUNTING NON-RESIOENT BEAR TAG NON-RESIDENT COMBINATION NON-RESIDENT TURKEY PERMIT (Av.aeob u oeC oncu aWt JUNIOR ARCHERY (14-15 Years) LOST LICENSE ($5.00 Per Stamp Lost) JUNIOR HUNTING (12.15 Years) $ 2 , 00 ADD - TOTAL COMMISSIONS C* $ 2 , 00 4 Marriage Licenses No. 15 to No. 18 @ 8975 $ 35900 Marriage Certificates _._ Marriage Transcripts @ 9 Tax Saar hec 0$5 . 00 S45 . 00 1 _ Comprehensive Plan @ $ 12 . 00 57 , 00 _4 7.Oning nrrlinanOp 0 X50 m $ 14 - 00 Micc . lCopies $ 2 . 40 36 . 80 A 1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130 . 80 FEES , . , 1010 — 1090 REAL PROPERTY TAXES $ INTEREST and PENALTIES $ A 2001 PARK and RECREATION CHARGES A 2110 ZONING FEES $ A 2115 PLANNING FEES S A 2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSES FEE $ TOTAL A 2540 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSES FEE $ 13 a 81 TOTAL 13 . 81 1 A2544 _11 DOG LICENSE - 76RX7�f7(iSf7)3}N 14 —S2 - (>0 345o16b-K to 3450176-D 22 , 00 -a2— DOG LICENSE - X%MRXXHXXNaX16f pf01 fa 2 - 017) , 97 - 345 to 97-415 164 . 00 Dog Tmnnundmiant- Face _ SPCA 120 . 00 A1555 Dog Fnu»tPrnricin 93 Q $ 1 On 93 . 00 A 2545 OTHER LICENSES A 2555 BUILDING PERMITS A 2590 OTHER PERMITS A 2655 MINOR SALES A 2770 OTHER UNCLASSIFIED REVENUES TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 543 . 61° Amount paid to SUPERVISOR for Games of Chance Licenses Amount paid to SUPERVISOR for Stale Share of Bingo Licenses Amount paid to D.E.C. for Conservation Licenses 1 R - 00 Amount paid to COUNTY TREASURER for Dog Licenses 117 - 91 Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 45 On Amount paid to for Lottery Tickets 7 'i nn Amount paid to Stale for Sales Tax on Sale of Dogs SPCA Contract 369 . 07 ' Received Payment of these amounts: TOTAL DISBURSED . . . . . . . . . . . . . . . . $ 141 6 . 61 .July 2 . 193E Deputy Supervisor STATE OF NEW YORK, COUNTY OF Tompkins TOWN OF Ithaca Joan Lent Noteboom , being duly Sworn, says that she Is the Clerk of the Town of Ithaca that the foregoing Is a full and true statement of all Fees and Moneys received by It during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and Sworn to before me this Town Clerk day of _ 19 Notary Public Prepare in duoucete. Remit orloin.el to Suoervieor. retain eoov for Clerk', record. F.� OFIT�9 _ TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 7 PLANNING 273- 1747 ZONING 273-1783 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 FAX (607) ENGINEERING RING 273- 174 F Agenda Item No . 3 (e) Town Clerk Monthly Report Presented : Town Board Meeting 7/7/97 I9 wn lerk : A new Town Clerk computer software package be icen loaded ,next week . The program will allow more efficient and faster process of do g and all fees collected . The hunting/fishing licences , marri licenses , bingo licenses , age three computers will be linked with a network card in order that onris received by each he Deputy' s can process items independently while the NY State for each function to computer. The program will enable the forms provided by to or be printed during processing . This program will thelfronttcorunterlso that information constituents . A fourth computer will e p a received from the customer can be processed directly rather tracking of funds to f ill out type the form . The program will also provide a much better from the Town Clerk. Monthly reports will be automatically processed to the various State agencies , and the Town Supervisor . Yearly employee evaluations have been completed and filed in the Human Resource office . Res nnananPment: Staff continues to work on the policies and procedures manuals for the Town Clerk' s functions and the tax collection to help the Accounting boxes of bonds and obligations are being refiled and inventoried Department bring the Dunbar Register to date . Staff is in the process of transferring files from Word PP f to o crosof Cot o e using the Standard Directory as developed by the Information ec Care is being given to refer to the MU = 1 Disposition Schedule to insure records on the computers are properly archived or retained as required . Upon completion of the files transfers staff will be utilizing a unctio d n of onMic computers Word to prepare indexes for resolutions and minutes as they are produc ission on Information is being gathered for a Records for construct subm Records February 1 , 1998 . The grant request will b Management Storage Center in the new Town Hall . , Funding can be fire ceivdetection for up to $50 , 000 . 00 . The center would be constructed with systems , as well as temperature and moisture control systems , The grant cycle , if received , would be from July 11 1998 through June 30 , Monthly Report Presented 7/7/97 Page 2 . The Supervisor, Town Planner and Town Clerk met with representatives of the DeWitt Historical Society to review the services being provided to the Town . Services provided by them include genealogical research , and historical education to school children within the Town . They are unable to provide storage of historical documents for the Town at this time due to limited space. They have provided us with information about an archivist who can preserve and restore some of the Town ' s older records . Identification and cataloging of specific records to be restored and preserved will be made during July. Receiver of Taxes : See separate report . Respectfully submitted , oan Lent Noteboom Town Clerk/Receiver of Taxes Agenda Item No , 3( e ) TOWN OF ITHACA RECEIVER OF TAXES June 1997 , Final Report Presented : Town Board Mtg . 7/7/97 1997 Tax Warrant - Town of Ithaca Total Town Warrant , Paid to Town Supervisor $ 318227520 . 81 Miscellaneous Payments to Town Superviso r 2/5 Interest Receiver of Taxes Checking Account-Jan . $ 618 . 52 3/31 Interest Receiver of Taxes Checking Account- Feb , 2 . 14 5/7 Interest Receiver of Taxes Checking Account - March 2 . 43 April 9 . 10 6/5 Interest Receiver of Taxes Checking Account - May 9 . 56 6/30 Interest Receiver of Taxes Checking Account - June 44 . 04 Total Checking Interest Earned : $ 685 . 79 3/ 17 Installment Service Charge Fees $ 568 . 00 7/97 Notice Charges Unpaid on Warrant - ( Due From Tompkins Co . ) 484 . 00 ($2 . 00 each x 242 ) Total : $ 11052 . 00 1 /9 * NSF Returned Check Charges $ 11 . 00 1 /27 * NSF Returned Check Charges 11 . 00 2/6 * NSF Returned Check Charges 11600 3/20 * NSF Returned Check Charges 15 . 00 4/ 17 * NSF Returned Check Charges 11 . 00 5/2 * NSF Returned Check Charges 11 . 00 (* Received as revenue through Town Clerk's monthly report . ) Total Returned Check Charges : $ 70 . 00 --- - -- ---- ---- - - ---- - - Receiver of Taxes - Final Report Presented 7/7/97 Page 2 , Miscellaneous Payments to Town Supervisor : Cont' d . 4/3 Interest & Penalties on Tax Bills - Feb . $ 11417 . 06 4/3 Interest & Penalties on Tax Bills - March 11430056 5/7 Interest & Penalties on Tax Bills - April 51238 . 40 6/5 Interest & Penalties on Tax Bills - May 51627 . 45 6/30 * Balance after settlement with County - Interest & Penalties 131 . 97 Total Int . & Penalties Collected : $ 13 , 845 . 44 TOTAL MISC. PAYMENTS TO SUPERVISOR . $ 159653823 1997 Tax Roll Installment Payments Total Number of Installment Payments : 568 Total Collected - Installment Payments : $ 641 , 080 . 30 Total Collected - ($ 1 . 00 Fee Per Installment) : $ 568 . 00 Total Installment Service Charge Paid to Tompkins County Budget and Finance : $ 32 , 054 . 05 1997 In Lieu of Taxes Received : Groff Associates , Ellis Hollow Elderly Housing $ 27 , 411 . 15 Apportionments : Town of Ithaca $ 11500 . 79 Ithaca City School District $ 19 , 812 . 87 Tompkins County $ 6 , 097 . 99 Received : Ithaca Elm - Maple Houses , Inc . $ 44 , 001800 Apportionments : Town of Ithaca $ 29644 . 46 Town of Ithaca - Fire Protection Dist . $ 61446 . 15 Ithaca City School District $ 34 , 910 . 39 TOTAL IN LIEU OF TAXES RECEIVED : $ 719412015 Total In Lieu of Taxes : Town of Ithaca - General Fund : $ 4 , 145 . 25 Town of Ithaca - Fire Protection Fund : $ 61446 . 15 Receiver of Taxes - Final Report Presented 7/7/97 Page 3 . 1997 Tax Warrant - Tompkins Countv Total Adjusted County Warrant : $ 41204 , 746 . 90 Total Payments to Tompkins County: $ 31054 , 510 . 07 Miscellaneous Payments To Tompkins Countv: 2/25 Installment Service Charges $ 32 , 054 . 05 3/31 Interest - Receiver of Taxes Checking Account - Feb . $ 306 . 04 5/7 Interest - Receiver of Taxes Checking Account - March 53 . 51 5/7 Interest - Receiver of Taxes Checking Account - April 83 . 56 6/6 Interest - Receiver of Taxes Checking Account - May 28 . 91 Total Interest Paid to Date : $ 472 . 02 TOTAL MISC . PAYMENTS TO TOMPKINS COUNTY : $ 32 , 526 . 07 espectfully submitted , Joan Lent Noteboom Receiver of Taxes Town of Ithaca FINAL cbrr�-r _ TOWN OF ITHACA SETTLEMENT WITH TOMPKINS COUNTY 1997 TOWN & COUNTY TAXES SUMMARY OF TAX COLLECTIONS FOR TOWN OF ITHACA - 1997 - TOWN AND COUNTY TAXES TOTAL WARRANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 890279249 . 57 * * TOWN OF ITHACA WARRANT - $ 3 , 8 2 2 , 5 2 0 . 81 PAID TO SUPERVISOR - DATE : 1 / 13 CK# 329 $ 5509000 . 00 DATE : 1 / 16 CK# 330 $ 280 , 000 . 00 DATE : 1 / 23 CK# 331 $ 600 , 000 . 00 DATE : 1 / 29 CK# 333 $ 190009000000 DATE : 1 / 30 CK# 336 $ 8009000 . 00 DATE : 2 / 3 CK# 337 $ 592 $ 20 . 81 DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : .CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ DATE : CK# $ . DATE - CK# $ DATE : CK# $ TOTAL PAID . . . . $ 398229520 . 81 TOMPKINS COUNTY WARRANT TO COLLECT . . . . . . . . . . $ 4 , 204 , 728 . 76 LESS ASSESSMENT ADJUSTMENTS . . BILL # 3998 . . . , $ - 98 . 09 PLUS ACC FRANCHISE ADJUSTMENT . . . . . . . . . . . . . . . $ + 116 . 23 ( OVERPAYMENT TO TOWN SUPERVISOR ON FRANCHISE ) TOTAL ADJUSTED COUNTY WARRANT TO COLLECT . . . . $ 412049746 . 90 * * LESS : PUBLIC SERVICE AND SPECIAL FRANCHISES TO BE COLLECTED DIRECT BY BUDGET & FINANCE . . $ - 2469520 . 82 LESS SECOND PAYMENT ON INSTALLMENTS $ - 641 , 078 . 00 SUB - TOTAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 353179148 . 08 PAGE 2 TOWN OF ITHACA SETTLEMENT WITH TOMPKINS COUNTY 1997 TOWN & COUNTY TAXES PAYMENTS TO COUNTY : DATE 2 / 4 PAYMENT # 1 CK . # 338 $ 19500 , 000 , 00 DATE 2 6 PAYMENT # 2 CK . # 342 $ 190009000400 DATE 2 14 PAYMENT # 3 CK . # 343 $ 40 , 000 . 00 DATE 2 28 PAYMENT # 4 CK . # 345 $ 75 , 000e00 DATE.31 17 PAYMENT # 5 CK . # 347 $ 50 , 000s00 DATE 3 31 PAYMENT # 6 CK . # 348 $ 25 , 000 . 00 DATE 4 / 28 PAYMENT # 7 CK . # 354 $ 165 , 000m00 DATE 5 / 7 PAYMENT # 8 CK . # 361 $ 55 , 000 . 00 DATE PAYMENT # CK . # $ DATE PAYMENT # CK . # $ DATE PAYMENT # CK . # $ DATE PAYMENT # CK . # $ LESS TOTAL PAYMENTS TO COUNTY . . . . . . $ 2 , 910 , 000 . 00 SUB - TOTAL . . . . . . . . . . . . . . . $ 4079148 . 08 COUNTY RESOLUTION ADJUSTMENTS --' ---- -- -- - RESOLUTION # - $ SUB - TOTAL . . . . . . . . . . . . . . . $ 407 , 148 . 08 OTHER ADJUSTMENTS - __- _' -- --- DOCUMENTATION ATTACHED $ SUB - TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4072148 . 08 PAGE 3 TOWN OF ITHACA SETTLEMENT WITH TOMPKINS COUNTY 1997 TOWN & COUNTY TAXES LESS UNPAID TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2629638 . 01 SUB - TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1449510 . 07 BALANCE DUE TOMPKINS COUNTY UPON RETURN OF WARRANT . . PAID CK . # DATE6 / 6 / 97 $ 1449510 . 07 BALANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . - 0 - . . . . . . . DATE : June 6 , 1997 am4i.jj LENT NOTEBOOM T WN CLERK/RECEIVER OF TAXES TOWN BOARD MEETING JULY 711997 AGENDA ITEM 3(f) Human Resources Monthly Report for June 1997 Personnel : Keith Christoffersen began his position of Assistant Zoning Officer/Building inspector , June 2 , 1997 . Mr. 0, hristoffersen and Mr. Frost took the required civil service exams for their positions June 7th , It Wil ! mostly likely take at least 6 weeks to find oui the results of these exams . June 19th and 20th , Gail Kroll , Richard Schoch , Eugene Redman , Fred Noteboom and myself interviewed several applicants for the two laborer positions approved of at the June Town Board meeting . The two applicants chosen for the positions are Montague Mouillesseaux and Toby Brown . These new laborers will be starting July 7 , i 99 7 . Sent to T he Town Board at the June 9 , 1997 meeting the recommendations of the Town Supervisor for 2 reclassifications and salary increases for Airrred 0warviii and Mark, Cass , r',izio sent recommendation to Town Board for the increase in hourly wage for Deborah Kelley . The Town Board also received the resolution provisionally appointing Judy Drake to the title of Human Resources Specialist, due to successful completion of the 25 week probationary period . The non-competitive promotional exam for this title has been requested . The job description for Budget Officer and the civil service form IVIO D-220 , (requesting anew job title) , was completed and sent to the County Civil Service office for their approval of the title and classification . A letter was sent along with the above asking for the latest news on our petition to the State for non- competitive status for Director of Planning and Director of Engineering titles . Deferred Compensation : After miAch digri is,% sion , eva ! uation and the review of the questionnaire sent out to those participating with Copeland , Aifred Carviii and i will be recommending to the Town Board July 7 , 1997 , to approve PEBSCO as our preferred u07 deferred compensation plan . Aitached [o the Juiy 7 , 1997 resolution , agenda number 23 , is the supporting docLImentation for our recommendation . Personnel Committee Meeting June 17 , 1997 : The committee approved the May 20 , 1997 minutes (see attached copy of approved minutes .) At the June meeting the committee approved the 3rd draft of the Grievance Procedure . The committee completed their review of the working copy Personnel % 4anuai . i will be editing the benefit section that the committee made corrections to . The committee is submitting a draft copy of the Personnel Manual to the T own Board foi them io review and edit at the , July 7 , 1997 , Town Board meeting . I have scheduled three employee feed back meetings in July. These meetings will be an established time and place for the employees to discuss the proposed Personnel Manual with the Personnel Committee . This will be the time P or the employees to ask any questions or to make any requests . Payroll : 1 ran our first payroll with the Williamson Law Book Company program for pay date June i 3 , 199 7 , pay period 12 . The program ran smoothly with few corrections required . I also ran our first direct deposit with the Tompkins County T rust "ompany Access program . Workers ' Compensation : After reviewing the Comp Aiiiance quote with the State insurance Fund , Supervisor Valentino decided to continue using the State insurance Fund for 1997- i 99o . Vv received from Loveii our dividend check for the 1995- i 990 year. June 9 , 1997 Fred Noteboom and I met with Jim Cary from Lovell Safety vianagement Group . This meeting was set up because we received notification from the NY State Compensation Insurance Rating Board that we were required to have a Safety and Loss Prevention Consultation and Evaluation . T'nese safety evaluations are required by all companies that have an experience modification greater than 1 .20 and an annual payroll greater than $800 ,000 . i'v1r. Cary will be submitting a report to me with recommendations . Training/ Seminars : Along with the rest of the Town employees , I participated in the last of the Microsoft classes held at the TC3 extension center. June 11 , 19971 attended the Wage , Hour and Pay Seminar held in Albany , NY. I felt this seminar was excellent and well worth the time . T he seminar reviewed Federal and State Labor Laws for both public and private companies, riuman resources Office: Completed daily functions of the office including ; administering payroll , managing Insurance needs , working with Workers' Compensation and meeting all requirements of Civil Service . Also performed requests of the staff and Department Heads . Respectfully Submitted 6y : Judith C . Drake Human Resources Specialist/Manager :enclosure