The URL can be used to link to this page

Home My WebLink AboutTB Minutes 1999-04-12 fly OF 1P _ 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 April 12 , 1999 5 : 30 o ' clock p . m . AGENDA 1 . Call to Order. 2 . Pledge of Allegiance . 3 . Report of Tompkins County Board of Representatives . 4 . Report of Fire Commissioners . 5 . 6 : 00 p . m . - PERSONS TO BE HEARD . 6 . Review of Correspondence - (To be provided at meeting ) . a . Gay Nicholson , Finger Lakes Land Trust - Sincebaugh property . b . Daryl J . Bern , Real Property Tax Bill Interest and Penalties . c . Conservation Board - Resolution regarding rezoning of Sincebaugh property . 7 . 6 : 15 p . m . - PUBLIC HEARING : To consider an amendment to the " ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA" . 8 . Consider adoption of an " ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA" . 9 . 6 : 30 p . m . - PUBLIC HEARING : To consider a " LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . 10 . Consider adoption of a " LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . 11 . 6 : 45 p . m . - PRESENTATION : Cornell University regarding North Campus Housing . TB Mtg . Agenda - 4/ 12/99 Page 2 . 12 . Consider acceptance of resignation , and resolution of appreciation to Holly Beermann , Joint Youth Commission Chair. 13 . Discuss town participation on the Cayuga Medical Center Board . 14 . Consider Designation of Polling Places for 1999 . 15 . Consider approval of amendment to the agreement with the DeWitt Historical Society of Tompkins County . 16 . Consider approval to enter into an agreement with the Cornell Cooperative Extension to provide services through the Joint Youth Program . 17 . Consider ratification of agreement with Tompkins County related to the reimbursement for payments to agencies pursuant to the 1 % Sales Tax Revenue . 18 . Consider approval of Records Management Electronic Media Systems Use Policy and User Agreement. 19 . Consider approval of specifications , and authorization to solicit bids for the purchase of an excavator by the Highway Department . 20 . Consider approval of, and authorization to enter into an agreement with Tompkins County and the Village of Cayuga Heights for the reconstruction of the Renwick Heights Bridge . 21 . Discuss plans for lacovelli Park . 22 . Discuss proposed Purchase of Development Rights Program . 23 . Consider amendment to the agreement with Stearns & Wheler, LLC to provide services for the development of an engineering study for the proposed improvements to the Ithaca Area Wastewater Treatment Plant (WWTP-SJS) . 24 . Consider approval of plans and specifications , and authorization to solicit bids for the Warren Road Water Main replacement . 25 . Consider approval of plans and specifications , and authorization to solicit bids for the Warren Road Sewer Main repairs . TB Mtg . Agenda - 4/ 12/99 Page 3 . 26 . Consent Items : Consider resolution approving and/or authorizing the following : a . Town Board Minutes - 3/8/99 , 3/22/99 . b . TOWN OF ITHACA WARRANTS . c . BOLTON POINT WARRANTS . d . Approval for filing , SCLIWC 1998 Annual Financial Report . e . Approval for filing , SCLIWC 1998 Independent Auditor' s Report . f. 1999 Budget Amendment - Youth Services . g . Amendment to the Agreement for the Expenditure of Highway Funds . h . Request for continuance of CHIPS Funding by New York State . i . Appointment Part Time Typist. j . Appointment Senior Typist. k . Provisional Appointment Automotive Mechanic Assistant. I . Appointment Working Supervisors . m . Attendance Basics in Supervision Seminar. n . Appointment - Distribution Operator Trainee , SCLIWC . o . Water/Sewer Benefit Assessment Refund , 27 . Consider appointments to the Local Advisory Board of Assessment Review . 28 . Report of Town Committees , 29 . Reports of Town Officials : a . Town Clerk/Receiver of Taxes . b . Highway Superintendent. c. Director of Engineering . d . Director of Planning . e . Director of Building/Zoning . f. Human Resources . g . Budget Officer. 30 . Consider ADJOURNMENT . TOWN OF ITHACA TOWN BOARD APRIL 12 , 1999 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 , there were present : PRESENT: Cathy Valentino , Town Supervisor ; Mary Russell , Councilwoman ; Carolyn Grigorov, Councilwoman ; Ellen Harrison , Councilwoman ; Ed Conley, Councilman ; John Wolff , Councilman . EXCUSED : David Klein , Councilman . 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 ; Al Carvill , Budget Officer ; Judith Drake , Human Resource Specialist . EXCUSED : Andrew Frost , Director Building/Zoning . OTHERS : Bob Romanowski , IFD ; Robin & David Remick , 1039 Hanshaw Road ; Charles Geisler , Ellis Hollow Road ; Robin Seeley, 332 Hurd Road ; Ed Franquemont , 108 McIntyre Place ; Beverly Livesay, 147 Snyder Hill Road ; Peter Karp , Cornell ; Joni Carroll , Cornell ; John Kiefer, Cornell ; John Guttenberger, Cornell ; Jean Reese , Cornell ; Stan Seltzer, 228 Forest Home Drive ; Shirley Egan , Cornell ; Christian Dean , 330 West King Road ; Dooley Kiefer, 629 Highland Road . Call to Order: The Supervisor called the meeting to order at 5 : 34 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No. 4 as Report of Fire Commissioner . Robert Romanowski , IFD - I gave Supervisor Valentino a list of the Fire Department ' s personnel and a listing of the Fire Department calls . Supervisor Valentino - The board used to get a comparison of how many calls were Ithaca College , Cornell University, Town of Ithaca , City of Ithaca . Mr . Romanowski - The list is being prepared . The Fire Department will have one prepared every three months . The total number of Fire Department Employees range from 68 to 71 with the addition of the three new fire fighters . Fire Fighter George Garrett retired March 31 , 1999 . The search for a replacement fire fighter is underway. We will have a brand new, young fire department . Chief Wilbur sees the language in the Memo of Understanding between the Town of Ithaca and City of Ithaca to be particularly advantageous in the argument asking for more fire fighters as it relates to the Town of Ithaca ' s needs and desires . This will help in the negotiations with a new fire contract . TOWN BOARD PAGE 2 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED preliminary meeting was held with Mayor Cohen , Chief Wilbur, and President Williams to discuss thaca College's fire contributions . President Williams indicated that she would have to approach the rustees and that any possible funding would be tied to staffing . I would like to see this go through . It will take the pressure off the Town of Ithaca and the City of Ithaca . This will impact all our taxes . Due to the Ravener court decision , code initiatives except for the inspection program for places of public assembly in the City of Ithaca are still on hold . The Trench Rescue Project is in conjunction with Cornell University' s Lake Source Cooling Project . Training is underway for the Fire Department and Cornell employees . The Board of Fire Commissioners made a motion to accept the bid from Lake Effect South Fitters for the supplied air respirator system in conjunction with the Trench Rescues . It was recommended in the amount of $9 , 621 . 67 and the funds are from the 1999 Capital Projects Budget . This will allow the Fire Department to be available if the Town of Ithaca does any sewer , trench or manhole work . If there is an emergency, Y2K , hazardous/radioactive materials spills , train spills , there is a plan for the City of Ithaca being distributed for review and comment . After updating and adoption by the Common Council , Town of Ithaca , Ithaca College , and Cornell University plans will be developed and distributed for comments . This is to prepare for natural disasters . Thirty-five people have participated in the Public Safety Critical Incident Management Program . Sessions will be scheduled to have a broad base of people trained . This is addition to the disaster management . Daniel Walker, Director of Engineering - I attended one of the sessions a month ago . There was representation from Fire Departments , State Police , and the EMS . There was a one day class in Town . Then we went to Corning Community College where they have a Critical Incident Training Board . Scenarios are set up and there is role playing of the different incident commanders . Councilwoman Russell - What would be considered a critical incident . Mr . Romanowski - There was one today. A garbage truck turned over on three cars with a woman trapped in a car. There is transportation of hazardous chemicals and radioactive materials through Ithaca . It happens late at night and the trucks are not marked . Coming down the hills , there are things that could happen . A train could derail and spill its fuel into the creek . It would be a critical incident . Cornell University could have a major problem in a chemical lab . Mr. Walker - A school bus accident with many injuries and traffic controls . Mr. Romanowski - Everyone hopes that this training will never be used , but it will be in place in case something happens . The City of Ithaca is going through all the department heads and people in supervisory positions so that they can suggestions . The cooperation between the different agencies is working well . Agenda Item No. 5 - PERSONS TO BE HEARD. I TOWN BOARD PAGE 3 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Robin Remick, 1039 Hanshaw Road - I am asking that the Town reword the language in its ewsletter when asking people to put out their leaves and yard waste in the spring/fall . We live on anshaw Road and the yard waste crossed over into the bike path and into the road . It is difficult for someone to ride bicycles on the road . It is not safe . It is dangerous in the fall when it is still dark out in the morning . We have been assured for two years that every time a newsletter comes out that the next newsletter will recraft the language . It has not happened . Supervisor Valentino - We realize that last year many of the residence in the area have lawn service . The newsletter does not go to the lawn services . The Town contacted the lawn services to bring the waste directly to the Town Barns or make sure they are piled in a safe way. We did talk about the wording in the newsletter . The reason it was not changed this time is because this spring the leaves need to be bagged . The other reason is that we are trying to figure out how to word the language so that it would work while conveying not to have the bags in the ditches . It was not going to work putting the language in for the entire Town when we are only having the problem with the one area . Ms . Remick - We were told it would be done and then there was no feedback as to why it was not done . If nothing has been done accept talking with the lawn services , then nothing much has been done . This past week Mr. Noteboom came around the neighborhood and I thought he came up with excellent language . I suggest the wording Mr. Noteboom has already come up with be put into the reminder. Supervisor Valentino - This becomes difficult . Pedestrian/bicycle ways are shoulders of the road . Ms . Remick - The newsletters asks to put it on the shoulder of the road . Councilwoman Grigorov - It is the only place to have it . Supervisor Valentino - The waste cannot be put in the ditches or behind the ditches . It would make it difficult for pick or it could block the ditches . Councilwoman Harrison - Is there a time frame on which the waste can be there ? Fred Noteboom , Highway Superintendent - It can be out there for few weeks . It depends upon when the residents put it out . Councilwoman Harrison - What are the joggers and bicyclists to do? Supervisor Valentino - It is a problem . We provide this as a service to the community. Yet we do not want to create a hazard causing people to go into the road . We do not want the hazard of the leaves in the drains . It is something we have spent a great deal of time on . In the ad , we should ask that people not to put brush and leaves out before the weekend . I have noticed a lot of branches along the road a week before we even start to pick up . Mr . Noteboom - It could be a problem in the fall . We try and beat the snow and sometimes the leaves are still on the trees on the pick up date . TOWN BOARD PAGE 4 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED d Franquemont , 108 McIntyre Place - Over the last three weeks I have been receiving mail on a ariety of subjects . Each one of them seems to be a stand alone issue and is being treated so in our I E r overnments , but are closely linked . These mainly have to do with the north east development . It does not only have to do with the Town . It goes into the city and neighboring towns . The Town of Ithaca seems to be the heart of it . Four projects that are happening now are the North Campus Initiative from Cornell , the NESTS study, Burger King , and the new hotel near the airport . If these are looked at on a stand alone basis which is the way they are currently being addressed . Perhaps each one has a set of hurdles to clear. In reality, how they impact each other is very profound . If we start with North Campus we can see that one of the issues that residents are concerned about is that Cornell tends to externalize its traffic . It has a traffic problem and they push it outside of campus . The residents are rightly concerned in going to the Town of Ithaca and City of Ithaca to try and defend these interests . At the same time the NESTS program is saying the citizens are right . The citizens are having a big problem and we need to build another road . This would not affect the Cornell University traffic . In order to get people onto the new road they want to calm the roads down so that people do not want to use them for through traffic . Meanwhile , Burger King has presented a big traffic study saying that they do not need to worry about Pine Tree Road because traffic is going to come of Glenn Falls Road through Forest Home . They are responding to this on conditions that are present . The new hotel will heavily serve Cornell . The way they will travel is down Warren Road and across the bridges at Forest Home . We need to think how these different project impact each other . We are about to give a permit to Burger King and then next year they are going to contest the NESTS recommendation saying it will hurt their business . Sprawl happens as a result of small stand alone decisions . It is an inability to get a handle on the consequences of the small stand alone decisions . Small decisions is where we lose the hearts of our communities . I would like to see someone take a leadership role and bring these issues to bear so that we can see a linked decision making process . This could drawn in the adjoining communities into the discussion . This way we do not have many roads that transform character. We need to get a hold of this problem on a larger format . I am looking at the Town Board to start thinking this way and make adjustments . I am not sure what can be done about it , but it is a good place to start . Councilwoman Grigorov - Did you talk with the County Board ? Mr . Franquemont - The County Board said that the towns control a lot of this . I do not know where to start except for getting everyone together . I am going to deliver this message to all boards . We are inheriting political boundaries that were drawn up by our ancestors . We need to find some way of Intermunicipal planning . We need to recognize that Burger King is giving a traffic analysis on what is in the area now. Then you know someone is coming before the board and asking for traffic to look differently. There will be consequences . Jon Kanter , Director of Planning - When Mr. Franquemont listed these items , the common item is Cornell University. Cornell University owns the Burger King site . They are doing the North Campus TOWN BOARD PAGE 5 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED �,, nitiative , They own the land that the Mariott is going . Cornell University is a large reason why the ESTS study was initiated . Councilman Wolff - Mr. Franquemont would the like to see the Town of Ithaca to have a decision making process that has a comprehensive view . It would take all these items into consideration and make decisions basis on what a preferred vision for the Town is not on a small basis . A lot of people feel that way. Councilwoman Harrison - To go beyond that , a lot of these decisions involve multiple municipalities . The economic structure of sales tax revenue and historic character of the towns makes it difficult . I hope that the Metropolitan Planning Organization for Transportation might provide more of a venue for at least harmonizing roads . It does not . I do not think policy issues get discussed there in a way that they might . Mr. Franquemont - These are concerns that have something in common . I have great respect for this board . It has a good sense of our Town and what we should be doing . In the last ten years , the Town Board has done a wonderful job of thinking through what type of town this should be and how it should grow. In some ways , the Town is the heart of it . We surround the city and you are the buffer between city and other towns . The Town Board could have more power than appears . It is a good moment to be moving on this because there is a national agenda of trying to slow down auto dependent life styles . This can be discussed with other boards in the Town . It can be explained that hile they are considering these issues , please do take a larger look at the entire picture . There is something wrong about the process that has the people at Burger King spending a lot of money to analyze roads that are not functioning now the way the citizens are going to ask the board to use the roads in a month . We need to look beyond it . Councilwoman Harrison - Does the current zoning take into account regional impacts ? The language implies neighborhood impacts only. Mr . Kanter - It needs to looks more inward than outward . By necessity, it needs to look outward at some degree . I thought one of the purposes of the NESTS study was to try and look at the transportation planning aspects on a more regional basis . Getting all the municipalities to look at it together is a start . What happens after that is a big questions . Councilwoman Grigorov - Do most of these comments come from Forest Home? Mr. Franquemont is the person everyone seems to turn to . Mr. Franquemont - I have been a vocal person about livable communities . People who are concerned about how communities functions tend to ask me about them . These are a tangent to the main core of my mission at Historic Ithaca . On the other hand , we are asking the citizens of our County to pay attention to the historic infrastructure and to use them as a fundamental grid in planning their growth . We think it is cheaper, better, more efficient . It makes our communities being more distinctive places to live . My being involved with the Burger King has to do with the traffic study. Their traffic plan indicates that the traffic will be coming over Judd Falls Road . Then the NESTS meeting indicates that Judd Falls Road is going to slow down . People need to be talking with each other to address these issues . TOWN BOARD PAGE 6 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED obin Seeley, 332 Hurd Road - Mr . Franquemont laid out the general problem . He said he does not ave any answers or requests . I am here to ask the Town Board to consider a temporary moratorium lasting nine months on approval of drive-through businesses . First of all is the temporary moratorium legal . I have had conversations with an attorney at the Department of State and he assures me that it is legal if the ordinance is carefully worded and the intent is made clear. A temporary moratorium is needed because the East Hill Plaza area was zoned Business C in the late 1970s . Under the Town of Ithaca Zoning Ordinance allowed uses in this area that include banks and with special approval restaurants . The ordinance makes no distinction between drive-through and sit down restaurants . Drive-through and sit down restaurants have vastly different impacts . The Institute of Traffic Engineers has had a separate trip generation tables for drive-through and non drive-through restaurants . Within the last six months , we have had the beginning of construction of the CFCU drive-through bank . Now Burger King is asking for approval of a double drive-through window. When I went through the traffic report of Burger King , I was astounded at the kind of traffic impacts that these two businesses together would generate . Burger King says none of its traffic will be going down Mitchell Street . If someone is at Burger King and they want to go downtown , you are going to do down Mitchell Street . Taking the calculations of the numbers that Burger King has submitted are highly conservative . Pine Tree Road in the Route 79 area will see about a 22% increase in traffic during peak times . Ellis Hollow Road will see 30% increase during the Saturday peak times . 1 Councilwoman Harrison - Is the 22 % increase a result from Burger King or CFCU and Burger King ? Ms . Seeley - It makes a summary that the traffic impacts of Burger King and CFCU would be minor. I went back and looked at the numbers . The numbers are Burger King and CFCU accumulative traffic numbers . Councilwoman Harrison - Is it 22 % increase at peak times? Ms . Seeley - Twenty-two percent mid -day, 18% on Saturday for Pine Tree Road . For Ellis Hollow Road it is 21 % mid -day, 18% in the evening , and 30% on Saturday. Councilman Wolff - This is the traffic increase attributable to CFCU and Burger King . Attorney Barney - What are the real numbers ? Supervisor Valentino - How many cars does that mean ? Ms . Seeley - It is 475 cars on Pine Tree Road . Councilwoman Harrison - Does the 22% present added cars ? Attorney Barney - It is an additional 85 cars . TOWN BOARD PAGE 7 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED s . Seeley - On Saturday it is 422 cars . During the evening it is 709 cars . It is a smaller percent ncrease in the evening because it includes the cars returning from work. There is between 141 and 185% increase at the intersection of the service road . Agenda Item No 7 - PUBLIC HEARING : "ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA" . Supervisor Valentino opened the public hearing at 6: 16 p. m . , and post-poned it until 7.26 p. m. The Town Clerk has proof of Posting and Publication. Agenda Item No. 5 Cont ' d. Ms . Seeley - The worse case scenario is in the evening for this service road . There will now be 630 cars per hour coming and going . The worse case scenario for the intersection of Pine Tree and Route 366 is during mid-day. The increase is 30%, but the range is 200-216 more cars going through the intersection . The other way of looking at it is the Level of Service . The Level of Service ranges from A, traffic flow without problems , to F , traffic not moving . The Ellis Hollow Road entrance to the plaza goes from a level of service of B to C in the evening . Pine Tree and Route 366 will go from C to F unless some other traffic arrangements are made . The traffic in the East Hill Plaza is chaotic . There are no guides . Car drivers drive where ever they like . There is one intersection that is not a real intersection . This is located between the parking lot and the gas station . Cars can enter and exit by going through the gas station . I watched for three hours on a week day morning and an hour on Saturday. It turns out that during the morning rush hour about 50 cars an hour are going in and out . On Saturday it averages 100 cars per hour. Cornell University has promised to install landscape islands to help with traffic control . It still will not solve the problem . There will be an overload of cars . The NESTS Study is about to produce its recommendations on traffic solutions in this area . Everything is not coordinated . It could be coordinated if we had the SEQR Review that we had hoped for. As we were hoping , an Environmental Impact Statement that would look carefully and in detail at these impacts . We are unable to do the SEQR analysis because it is a Type II project . We are now at Site Plan Approval . Under our process of looking at their site plan review and bring in other regional cumulative impact that Burger King might object . They are true accumulative impacts that need to be addressed . I am not sure Site Plan Review is the way to do it . The nine month moratorium that would run from May 1 to December 31 would have the following benefits to the Town : It would provide time to hold public discussion on whether zoning regulations should recognize the difference between drive-through and non drive-through restaurants and the traffic that they generate . It would hold the status while these discussion take place . Neighborhood traffic problems would not steadily and rapidly getting worse while the topic is being discussed . Third , it would allow drive-through businesses to be discussed in a context of Townwide planning and cumulative impacts instead of piecemeal . It would allow time for the NESTS transportation recommendations to be discussed and incorporated into any long-term planning . TOWN BOARD PAGE 8 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED by is this urgent? The Burger King Site Plan hearing is scheduled for May 4 , 1999 . We were oping a moratorium could be in place before this meeting to freeze the application for drive-through businesses until a full public democratic discussion of the larger traffic planning issues and how it relates to the current zoning ordinance could be held . If Burger King is approved on May 4 , 1999 , there are six other properties here which are not controlled by Cornell University that could turn into drive-through businesses . Once the high traffic pattern is set- up these properties will be highly desirable to build more drive-throughs . There will not be a legal threshold to rejecting other drive- throughs . I ask the board to at least discuss the option . Chuck Geis ler, Ellis Hollow Creek Road - I attended the meeting a week ago when many residents were here to discuss social and economic impacts related to the permit of Burger King . Having in mind a request that there be a broad scale environmental assessment rather than a waiver. More than a decade ago McDonald 's applied for a similar permit . Even though we know this is a Type II permit application , SEQR is not an issue . At a Town level we should not underestimate site review. All across the country local land use planning is being bashed as people catch up with the reality of sprawl . More and more people are coming to the conclusion that local land use planning is a source of sprawl rather than a way of controlling it . That means that local land use planning and the decisions around comprehensive planning and fitting decisions into that at the town level is rarely done on a pace , a temple , and a scale where we can come to terms with it to think about the long term implications and side effects . If ten years from now we have a Burger King located in the East Hill Plaza area , I would hope we would go through something that is the functional equivalent of a full blown environmental impact assessment with or without SEQR . In addition to the things that Ms . Seeley just pointed out , remember that the McDonald ' s permit application was with held and not approved because fundamentally the change of the community . It was a community characteristic change . Attorney Barney - That is not accurate . There was never a decision made on the McDonald 's application . They lost in court . At that time there was not a Type II Action . There was listed and unlisted action . They were directed to produce an environmental impact statement . They declined and brought a law suit against the Town claiming the Town did not have authority to do that . McDonald ' s lost on a technical matter. Then when they reinstituted the law suit they were out of time . They never wanted to do an Environmental Impact Statement . We never reached the merits in one way or another . I do not want to prejudge how the Town would have handled it . Mr. Geisler - The people who attended those meetings were well aware of the cumulative impacts were significant and it was not going to be an easy time . I was given the impression at the meeting last week that in order for the Planning Board and Zoning Board of Appeals in the Town make a decision may or may not grant this type of development , that it is the Town Board that takes the lead in terms of guidance on what type of zoning will be there . Is this true ? Once a town has established zoning , it is easy to say that we have done our homework and set- up logical categories . Minimized uses and conflicting land use . Agenda Item No. 9 - PUBLIC HEARING : " LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . TOWN BOARD PAGE 9 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED upervisor Valentino opened the public hearing at 6:30 p. m. , and post-poned it until 7:30 p. m . The Town Clerk had proof of Posting and Publication. Agenda Item No. 5 Cont' d. Mr . Geisler - Within these categories , there can be land use conflicts . Within agricultural districts we may have moderate size farms . Then there also can be an intensive animal raising facility. It changes the neighborhood and the local area . It may or may not be congruent with an agricultural district . If there are high volume apartments and condominiums in a residential zone it is looked at different than other residential neighborhoods . I hope that in the Town ' s mind , we can look at commercial and discriminate so that we do not lose jobs and businesses that already exist in the East Hill Plaza . Karen Westmont , 206 Forest Home Drive - There are towns , cities across the country that have passed bands , limits , and moratoriums on drive-through businesses . (See Attachment # 1) Some cities have been doing this since the early 1990 ' s and there is a city that goes back to 1920 . Other cities have limitations . They limit the number of windows and the number of hours . The Site Review allows the Town to put on certain restrictions . The problem is that when other towns have put restrictions on hours , the restaurant association has gone to the state legislation . The restaurant association wants the local town to compensate the business owner for the loss in revenues . A quote from the LA Times , "Burger King is closely monitoring what is happening in several Southern California communities to restrict the use of drive-through lanes , " Kim Miller a company spokesperson . I have found other drive-throughs other than restaurants . There are mortuaries , art galleries , bagels , coffee , and prescriptions . The Town is wide open for drive-throughs . Councilman Wolff - Where would you place businesses with orientation of deliveries? Ms . Westmont - The distinction is an undetermined number of people coming in versus a single truck going out . These cities might be resources . Bucksley, Ohio passed a ballot to band drive-through restaurants . The Town felt they gave too much leeway to the town board and are doing a charter amendment . Restaurants have also expressed they are willing to clean up the neighborhood around their business . A quote from a marketing group , "Once one restaurant has a drive-through window, the others have to have them in order to compete . " We are building an incentive for this to happen in the future . The Checkers drive-through restaurant designs their restaurants as a modular so that they can pick up and move if their restaurant if they do not work out . There needs to be traffic calming . Once there is traffic calming , Burger King can go to state legislature to ask for compensation . If they close , the town will be left with an abandoned building . Dooley Kiefer, Board of Representatives - When this area was zoned for the plaza , it was presented as a small neighborhood shopping center. The Barnes House that was there was a brick house . It was felt that this house should remain . We were assured by the people of the shopping center that it would remain . Part of their plans were to include the house . The shopping center was designed to look like the house . The plans that we were shown for which the zoning was changed . It turned out the plans were borrowed from other places . There was a lot of discussion that it would be a small shopping center. It would serve neighborhood means and maintain the neighborhood character. After the zoning was changed , it was never built . Then when the next set of plans were shown was TOWN BOARD PAGE 10 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED hen problems occurred . It was said this could not be refused because it fit the zoning . I raised this ssued that this was changed for a certain thing . I was told it did not matter. It was zoned commercial . I found a reference saying that when it was changed for a plan that if that plan did not happen , the town could revert the zoning . We have heard the argument that it is zoned commercial and you have to do what is in commercial . It was zoned for specific commercial development . It was never going to have drive-through businesses . The Town has had a long policy that the Town was not competing with the City of Ithaca for commercial business . The type of zoning and development in the Town represent that . Councilwoman Harrison - We have been redoing our Zoning Ordinance and we have not been talking about drive-throughs . The Planning Board Chair and I had a discussion and we both feel that it needs to be looked at while the Zoning Ordinance is being revised . I would like to ask Mr. Kanter for any comments he may have in regard to what we have heard . What are the impacts of the Traffic Study and the comment that the potential for additional drive-through businesses ? Mr. Kanter - I am not going to address traffic because you can talk to ten people and get different opinions . It is also difficult to look at percentages . You need to look further than that . It is something the Planning Board will have to consider in making their decision . The way the process is set up , it is a Planning Board and Zoning Board of Appeals decision unless the Town Board as a policy decides otherwise . There are other business zoned parcels in the area particularly in the Ides Bowling Plaza . Across the street there are limited small parcels that are commercially zoned . The Town is looking at the Zoning Ordinance at this point . Going to a moratorium is another question . Councilwoman Harrison - What are the legal issues of passing a moratorium ? Attorney Barney - The moratorium is a mechanism used . There needs to be a rationale for it and a length of time . To the extent somebody has invested heavily in a project before you adopt the moratorium there are questions that start to surface . I do not know if this has gone far enough to warren it . I do not know what the factual situation is . Councilwoman Harrison - What would be the timing and procedure if the Town Board wished to do so? Attorney Barney - The Town Board would set a public hearing and instruct the Attorney for the Town to draft a moratorium . The notice of public hearing must be out 10 days before the public hearing . At the public hearing the board makes its findings . Councilwoman Harrison - Do we need to have a draft law in our hands to set a public hearing? Mrs . Noteboom - It could be advertised Friday. Supervisor Valentino - I have a problem of where we are going . This is something that is in the Planning Board 's area . It is something they are looking at and studying . They are also concerned about the zoning . I would be hard pressed to go towards a moratorium unless we had the Planning Board involved with it . Going beyond the work the Planning Board has done is not good policy for us TOWN BOARD PAGE 11 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED o have . They do a lot of good hard work . It is very worrisome to me to do something when they have been working on it . Councilwoman Grigorov - We do not have the right to step in and interfere in the Planning Board procedures . Councilwoman Harrison - I agree we cannot second guess the Planning Board . They are not empowered to treat drive-through businesses differently. We are saying that drive-throughs are different . I do not agree that the Town Board interfering with what the Planning Board is considering . It is considered as a restaurant and the Planning Board must consider it that way. They can look at traffic , but I do not believe that they are in a position to adequately differentiate between types of restaurants . Our Zoning Ordinance does not . Councilwoman Grigorov - We are empowered to do something about the Zoning Ordinance , but not in a case that is already under consideration . Attorney Barney - It is a question as to how far the Planning Board has gone . Councilwoman Harrison - I think the scenario of a series of drive-through businesses along there is a real scenario . I am interested in doing anything we can to prevent it . I think the Town Board needs to act fast to prevent it . I am sorry if we step on a few toes , but it is important issue . Councilman Wolff - If we have a strong opinion as a board , is it inappropriate at the stage where the Planning Board is now for us to state it the opinion . Councilwoman Harrison - I think we can do something . I do not think we should meddle in the sense that the Town Board think the special permit should be denied . The role of the Planning Board is to make a recommendation to the Zoning Board of Appeals . The Town Board ' s role is to say the zoning is wrong and something needs to be done . Supervisor Valentino - We tell the Planning Board our concerns . Councilwoman Harrison - Zoning is the Town Board ' s job . Supervisor Valentino - We know that there are few areas in the Town that has commercial development . We looked at it in the Comprehensive Plan . The Drive-through is a different issue . We have to be careful if we want to prevail and move forward carefully. Mr. Kanter - There are other drive-through uses into the area . The is the CFCU that has four drive- through lanes and an automated teller. Tompkins County Trust Company has a couple drive-through and Marine Midland Bank does also . If the board goes into a moratorium for fast food restaurants it would change the approach on other drive-through facilities in the area . Attorney Barney - The applicant has started a project playing by the rules in place . If you are talking about a moratorium that any current application be exempt . Then it we would avoid a law suit . Absent that the Town would have a law suit . TOWN BOARD PAGE 12 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouncilwoman Harrison - If we passed a moratorium of drive-through uses in the Town pending the hanges to the Zoning Ordinance . Suppose Burger King were to sue the Town and the Town lost . Are we any worse off than we are today? Attorney Barney - They might have a claim for delay for refusal to hear their application . Applicants also want to be compensated . I do not want to discuss legal tactic too much in public . It is not appropriate . Councilwoman Russell - I am concerned about the traffic issues . I am also concerned about the legal issues of stopping this particular project . It is clear that the Town would not be in good shape if we try to do it at this point . Attorney Barney - The rule of thumb is when the building permit is issued . There are cases that go either way. There is an element of fairness to any applicant . They start with a set of rules and follow them . If the Town Board is concerned about a strip developing there , a moratorium against further develop but excluding current applications . This would assure the Town that there would not be further development . Councilwoman Harrison - If the Town Board were to decide to pursue a moratorium not grandfathering any applicant or business . This would not be adopting it . It would be setting a public hearing and it gives the board time . We can always decide against it . Then the board could decide upon a moratorium on grandfathered applicants and businesses . I feel we do not have a lot to lose by going forward and suggesting a moratorium for all drive-through businesses in the Town . We have a time frame . In the public hearing and our deliberations we can come to terms with what we think about the grandfathering of the Burger King application . Councilwoman Russell - Does the Site Plan process provide a mechanism of denial for this project if the impacts cannot be resolved to the Planning Board ' s satisfaction . Mr. Kanter - It is difficult . There is an implied right for the use under the special approval process . There are a number of standards that need to be met . There are not just the need , if it is consistent with the area , and is it compatible . There are others that need to be dealt with from traffic and drainage . Attorney Barney - An applicant has been denied because of traffic problems . It was based on the road traffic . Mr . Kanter - Section 77 involves specific items . One of them is the proposed use on the general community. Councilwoman Harrison - Do they have to find that there is a need for this facility? What is the meaning of it ? Attorney Barney - Section 78 of our Ordinance requires that when the Planning Board makes a recommendation to the Zoning Board of Appeals that it shall determine that there is a need for the TOWN BOARD PAGE 13 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED roposed use in the proposed location . Also the existing and future character in which the use will be located will not be adversely affect . Councilwoman Harrison - If the applicant has done a market study and showed that people would come it would be a need . Mr . Kanter - They have done one . Councilwoman Harrison - Who needs a fast food restaurant? Attorney Barney - Some people may feel that there needs to be a fast food restaurant on the east side of the Town . It could be a need or it could not be . Supervisor Valentino - There are many people at the Ellis Hollow Elderly housing that think there is a need . Councilwoman Harrison - I would like to propose we move forward and set a public hearing and consider a local law that would put a moratorium on drive-through businesses in the Town of Ithaca . Before spending time crafting the language , we vote . Councilman Wolff - I would support it because we are not committed to doing anything beyond it . Councilman Conley - I support a public hearing on a local law. Councilman Wolff - The benefit is that we reserve the right to act . By not taking the step today, we have given up the opportunity. Councilman Conley - I am not fond of changing the rules . We can deal with that as we go . I do not have a problem with a public hearing . I do have trouble changing the rules on an applicant who has already spent a lot of money and have followed the rules . Students , faculty, and workers come in and out of the plaza at noon time . There is a market for it , but I do not know if there is a need . Councilwoman Grigorov - I have a problem with setting a public hearing for something that the board is unsure if we are going to follow through with it . We should consider changing the zoning for the future . I do not think we should change it midstream for someone who as is involved and following the rules . If it is going to be defeated , it should be on the established criteria . This is the position the Planning Board is in . Supervisor Valentino - Councilman Conley is right . If he is not in favor of changing the rules than the time limit criteria is not necessary. Councilwoman Russell - It has been done in the past . Attorney Barney - Fifteen or Twenty years ago there was a development of houses in the northeast with seven bedrooms . The zoning at the time said there could be 7 unrelated people in the same TOWN BOARD PAGE 14 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouse . During the course of construction during several of the houses the zoning was changed to 3 unrelated people . It was litigated and the line was drawn at the building permit stage . Councilwoman Harrison - An option is to leave it alone . As we reconsider the Zoning Ordinance we can decide what to do about drive-through businesses . Another is to draft a proposed law that would be a moratorium that would address only drive-through businesses . Is there a way to have it not apply to Burger King? Attorney Barney - It could not apply to anyone who has an application presently before any town board . Councilwoman Harrison - The third option would be to go forward with a public hearing on a local law that would be a moratorium across the board . It would apply to Burger King . Supervisor Valentino - I would be opposed to that . I think that Burger King needs to go through the process of the Planning Board . There are still lots of hoops it needs to go through . The traffic study needs to be looked at and the Planning Board will go through the process . I would be in favor of looking at a moratorium on future drive-throughs until the Zoning Ordinance has been drafted . The concern is other businesses . We need to rely on the process as far as Burger King is concerned . It think it is four to two at this point . Councilman Wolff - I still see the merits in going through with some type of hearing regardless of our feelings . Supervisor Valentino - Where we are is at the point of thinking of a moratorium for future development . I think we have time to consider it . Councilwoman Russell - We have had two businesses in a short period of time at the East Hill Plaza . Councilman Wolff - Is it necessary to specify that the moratorium we are considering would only apply as the future . Do we want to reserve the ability to determine to what it should apply to , what businesses and the time frame . Councilwoman Harrison - A local law needs to be drafted . The public hearing is held on a specific law. Mr. Walker - There are four drive-throughs there now. If the board creates a law prohibiting drive- throughs you create another environmental problem of more parking lots . Banks will have the same number of customers . It does not matter is they drive through or go inside . The need for more parking will be created . Supervisor Valentino - There are many different things that need to be discussed . We would advertise for two public hearings with two local laws . Attorney Barney - It would be one local law with one additional provision . I do not think the drafting will be difficult . This brings up the question to whether it needs to go to the Planning Board . Any TOWN BOARD PAGE 15 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED t oning amendment must go to the Planning Board for reference back to the Town Board . A oratorium is treated as a zoning amendment . The conservative way would to have a commendation from the Planning Board before the Town Board would take action . Mr . Kanter - The timing is making me uncomfortable . We are in the process of setting the public hearing for Preliminary Site Plan approval for May 4 . We are getting conflicting signals . If there are two options to the local law being considered , one of which would no longer allow that particular proposal to come before the Planning Board , Councilwoman Russell - Has the public hearing been set ? Attorney Barney - No . We have advised that it would be May 4 . Mr. Kanter - We have already had to cancel one hearing on SEQR Determination . My concern is setting the Planning Board public hearing or delaying the public hearing . How long can a project be delayed while this is being considered ? This came before the Planning Board many months ago . The reason it has taken so long to get to this point is because they have done these studies . The traffic and drainage studies are long extensive studies . Time wise they came to the Planning Board for sketch plan review around September of 1998 . Councilwoman Harrison - On the other hand we need to recognize that our responsibility and our role is serious . Councilwoman Grigorov - If we prevent others from coming in , then that is a big step . A public hearing for a moratorium in May preventing other applications is a good step . Supervisor Valentino - We could have a local law that would exclude the present applicant . It would keep things as we have been doing them , but it puts an urgency on us looking into it for the future . The Planning Board needs to be involved . This is their responsibility and I have confidence in them . Do we have four people willing to vote for setting a public hearing for a moratorium on drive-through businesses beyond the application that is current . Councilwoman Harrison - I would like to put forward another local law at the same hearing that does not exempt the current application . Supervisor Valentino - We will have a motion to set a public hearing for a local law establishing a moratorium on the construction in the Town of Ithaca of any drive-through businesses accept any that have current applications before the Town Board . Resolution No. 63 - ESTABLISHING A MORATORIUM ON THE CONSTRUCTION OF ANY DRIVE THROUGH BUSINESSES EXCEPT THOSE THAT HAVE CURRENT APPLICATIONS BEFORE ANY BOARD OF THE TOWN OF ITHACA . TOWN BOARD PAGE 16 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED BE IT RESOLVED, the Town Clerk is hereby authorized and directed to set a public hearing to be held at the next regular meeting of the Town Board on Monday, May 10, 1999, at 6:30 p. m. in order that the Town Board may consider a local law establishing a moratorium on the construction of any drive through businesses except those that have current applications before any Board of the Town of Ithaca . MOVED Supervisor Valentino, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 6 - Review of Correspondence. The correspondence was circulated to Board Members at the meeting. Agenda Item No. 7 - PUBLIC HEARING : "ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA" . Supervisor Valentino re-opened the public hearing at 7:26 p. m. The Town Clerk had proof of posting and publication. With no persons present to be heard, Supervisor Valentino closed the public hearing at 7:27 p. m. Agenda Item No. 8 - Amendment, "ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA" . (See Attachment #2) Attorney Barney - This is a re-statement of the existing ordinance with several changes . Mr. Noteboom and I discovered where Judd Falls Road was inappropriately denominated because we changed the name of part of the road . This is the old law with additions and deletions . I have re- ordered the first section dealing with parking to flow alphabetically in respect to the roads involved . Supervisor Valentino - Is there new signage ? Attorney Barney - It was in the comparison copy. Councilwoman Harrison - I found it hard to identify what was changed because everything was in a different place . Mr. Noteboom - There are several new stop signs that have been added . Councilwoman Harrison - Have these stop signs been added incrementally? Attorney Barney - There are many yield signs being changed to stop signs . Mr. Noteboom - The Judd Falls and Campus Road stop signs have been there on a trial basis . This will make them official stop signs . Poole Road and Colver Hill Road had problems because it is a TOWN BOARD PAGE 17 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED hree-way intersection . A stop sign was installed at the intersection of Elm Street and Poole Road , ut it did not solve the problem . A stop sign was installed at Colver Road . Councilman Conley = We are passing things that have already been done . Mr . Noteboom = As we changed something , we would revisit the ordinance . The board asked that we save the changes for a year. Then it is only before the board once a year. Resolution No. 64 - ADOPTING ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA . WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on April 12, 1999 at 6: 15 P. M. to hear all interested parties on a proposed ordinance entitled "ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA '; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed ordinance, or any part thereof; and WHEREAS, pursuant to Subdivisions ( 16), (20), and (27) of Section 617. 5 of Part 617 of the Implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed ordinance is a Type II action for which no environmental review is required and therefore the proposed ordinance may be processed without further regard to such regulations, and WHEREAS, the Town Board is authorized to adopt such ordinance pursuant to Town Law Section 130 and Vehicle Traffic Law Section 1660, NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said ordinance entitled "ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA ', a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to (a) Enter such amended and restated ordinance into the minutes of the Town Board, (b) Publish such amended and restated ordinance or a summary thereof in the official newspaper of the Town and file the affidavit of such publication in the Town Clerk's Office; and TOWN BOARD PAGE 18 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED (c) Enter a copy of such amended and restated ordinance into the Town 's "Ordinance Book" maintained by the Town Clerk pursuant to Town Law Section 30(1) . MOVED Councilwoman Harrison, SECONDED Councilman Conley. A vote on the motion resulted as follows: ROLL CALL VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 9 - PUBLIC HEARING : " LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . (See Attachment #3) Supervisor Valentino opened the public hearing at 7.30 p. m. The Town Clerk had proof of posting and publication. With no persons present to be heard, Supervisor Valentino closed the public hearing at 7.31 p. m. Agenda Item No. 10 - Adoption , " LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . (See Attachment #4) Resolution No. 65 = LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA . WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on April 12, 1999, at 6:30 P. M. to hear all interested parties on a proposed local law entitled "LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA '; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, pursuant to Subdivision (20) of Subparagraph (a) of Section 6175 of Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act ("SEQRA ']) of the Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed local law is a Type ll action and therefore not subject to environmental review under SEQRA; NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA '; a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. TOWN BOARD PAGE 19 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED OVED Councilman Conley, SECONDED Councilwoman Harrison. A vote on the motion resulted as follows: ROLL CALL VOTE. Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 11 - PRESENTATION : Cornell University North Campus Housing . Supervisor Valentino - The League of Women Voters is having their membership meeting open to the public at 7 : 30 p . m . on April 26 at the Human Services Building . Mr . Walker and I will be there to give presentations and answer questions about Intermunicipal cooperation . Peter Karp , Cornell University Architect - We appreciate the opportunity to talk with the Town Board and give you some background . The North Campus Residential Initiative is an initiative of the administration of the University to improve and enhance the freshmen experience on the Cornell campus . It is an effort to consolidate the living and the first year of life on our Cornell University Campus . Some freshmen live on north campus and others on south campus . It is not only for the freshmen to live , but to improve programs and have an enhanced amount of faculty and residents to work with the students . It is to change many things along with the physical configuration of North Campus . The study area that we have been looking at is shown on the first drawing . This is bounded by Pleasant Grove Road , Jessup Road , the edge of Beebe Lake embankment and Triphammer Road . There have been many attempts to build pieces of north campus . We are trying to clarify, integrate , and improve the quality of housing and the flow of traffic . Pleasant Grove Apartments are demolished with the exception of three buildings . Hasbrouck Apartments is across the road . The Program includes moving freshmen to north campus and the program houses to north campus . If there are program houses that do not include a freshmen component , they will be housed on West Campus . The plan results in the construction of an additional 550 plus residential units on the North Campus and an additional housing and Community Commons building . The Community Commons includes dining and additional program areas . It will include recreation activities and clubs , physical health and conditioning . The existing North Campus has three playing fields which will be relocated . We hope to achieve a coordinated , positive , safe community for the students . Mr. Karp presented the locations of the buildings to the board. The buildings and the playing fields are located sympathetic to the topographic conditions . There is a parking area to the west of Helen Newman Hall . This is a service to Town and City residents that use Helen Newman Hall . It helps to reduce the quantity of new parking . Our proposal does attempt to rationalize the road systems . Coming up Pleasant Grove Road from the gorge , there is a road to Fuertes Observatory that enters on a dangerous curve . There is a driveway off Pleasant Grove Road that is offset from Hasbrouck Apartments . The new proposal locates the roadway opposite Hasbrouck Apartments so that there is one intersection . We are trying to improve the safety and visibility of the road . At the present time , there is an entry to Helen Newman that has parking to the west and in front of the building with a dead end into the service area . There is a turn around located at Balsh Hall . This creates conflicts between motor vehicles TOWN BOARD PAGE 20 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED nd pedestrians . Our new plan is designed to make the intersection safer . Public and service ehicles would use the turn around or parking area . Buses and emergency vehicles would go through a traffic control device . Buses would continue to Helen Newman , Community Commons and continue to loop through Hasbrouck Apartments back onto campus . The roadway in front of Helen Newman will be restricted to buses and emergency vehicles . Supervisor Valentino - Why? Mr. Karp - This will create an environment for students and pedestrians . It is to create a residential community. Vehicles will cause conflicts with the number of students . There will be 3500 students on North Campus . Councilwoman Harrison - How many people are there now? Mr . Karp - It is 3200 presently and 3700 after the proposal . It is not a great change in numbers , but a change in type of students . The parking are for Community Commons and the playing fields is to the east . The access to the parking area is from Pleasant Grove Road . Service vehicles delivering to Community Commons and Helen Newman would use the same entrance/exit . There has been a deliberate attempt to create open spaces of a residential scale that are different . The height of the building is almost the same as Clara Dickson Hall . In each of the public areas , we are trying to create a distinctive open space . This will allow identification of the court yards for the different buildings . The Community Commons building is three stories . The first floor is the main entry off the Village Green . This will include mail boxes , convenience facilities and a fitness center . The second level will include the main dining hall . It is being developed as a market place concept . There will be individual food services provided where the food is cooked in front of you . The main dining level is at the same grade as two the playing fields . People coming from the playing fields are able to enter at the main dining level . People coming from the parking lot can enter at the same level . The third floor is for program space . There is a large room subdivisible into three . It can be used for catered dining , weddings , banquets . It can also be used for ballet , aerobics are other activities . The building is being designed with natural light . There will be consultants to advise us in the use of natural light and the use of environmentally friendly materials and technologies . This building is a contemporary building . The residence halls will resemble existing buildings . They expect to have the same roof pitches as Balsh and Clara Dickson . The architects are proposing a combination of stone and brick on the facade . Councilwoman Harrison - Will there be tennis courts? Mr. Karp - There will be four tennis courts , basketball courts , and two sand volleyball courts . Councilwoman Harrison - Will the proposed food court be open to the public? Mr. Karp - The food service at Cornell University is now, and this will not be different . TOWN BOARD PAGE 21 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouncilwoman Harrison - Have you tried to estimate how many people it will drawl ? Mr . Karp - The focus is to satisfy students . The students use it mainly for dinner. Councilwoman Harrison - Is it Cornell permit parking only? Will it be public parking ? Mr . Karp - This will not completely be Cornell permit parking . There will be public parking available . The bus service will bring people to the front door of the building . Councilwoman Harrison - What percentage of freshmen have their own cars? Mr. Karp - It is about 10% . Freshmen generally do not bring their own cars . If they do , they would not be using them to do to classes . There is no where for them to park on Central Campus . Mr . Kanter - Where is the Town/City boundary? Mr. Karp presented the existing Town/City boundary to the Town Board. Mr . Kanter - The new buildings will be in the City of Ithaca and the recreational fields , parking areas , and circulation changes are in the Town of Ithaca . Re-zoning is coming before the Town Board from Multiple Residents to R- 30 . Councilwoman Harrison - I have noticed there is a great view where the Pleasant Grove Apartments were located . The playing fields will maintain the view. Mr. Karp - It is a wonderful view of Central Campus and would like it to remain . Councilman Wolff - Will the athletic fields be located at the bottom or top of the hill ? Mr. Karp - They have the same slope that they have now . They are not competition fields and there is no lighting . One will be slightly higher. The hope is to put back the same slope that exist now. The fields are for recreational use . Councilwoman Harrison - Are there any changes proposed for Pleasant Grove Road ? Mr. Karp - When this plan is implemented , you could use the pedestrian path . There will be a better path than there is now. Supervisor Valentino - Could you explain about the Moore House ? Mr. Karp - We have spent a lot of time discussing the use and renovation of the Moore House . We have not been able to find a use that is suitable within our programs . It will also impact the fields . We are proposing that this house be relocated into a neighborhood that is in keeping with this type of structure . We are offering a subsidy that would help interested_ individuals relocate the house to a different location . We have been in a discussion for almost a year with Historic Ithaca . Hopefully we will be advertising this house to the general public . TOWN BOARD PAGE 22 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouncilwoman Harrison - Special events were mentioned in the new building . How much parking will I available? Mr. Karp - There are about 120 parking spaces in the lot . The parking is a replacement of what is being removed . The spaces in front of Helen Newman and the parking spaces that were in Pleasant Grove are being replaced . Parking spaces are being added . Councilwoman Russell - How many parking spaces are being added ? Mr . Karp - There are 100 spaces around Helen Newman Hall . When the project is complete , there will be 150 parking spaces total . Supervisor Valentino - Will these parking spaces need Cornell permits ? Mr . Karp - Portions of the parking lot will need permits . A large portion will have parking meters . Councilwoman Harrison - What is the sequence of approvals that the Town of Ithaca has to deal with ? Mr . Kanter - The City and Town have been coordinating this with Cornell . Everyone agreed that the way to pursue this review would be through an Environmental Impact Statement . This was done . A preliminary Environmental Impact Statement has been submitted to the City. The City has agreed to be lead agency for the Environmental Review . At this point , the Town can review the Environmental Impact Statement and determine whether it is adequate and complete . The City is asking for comments on whether the Environmental Impact Statement should be accepted . The City is hoping to make the decision by April 27 . The Planning Board is in the process of reviewing the Environmental Impact Statement . The Town Board being another involved agency, we are asking for their comments . Staff is putting together comments to give to the City. We are trying to focus on issues that are more relevant to the Town of Ithaca portion of the project . We asked that the relocation of the Moore House be looked at more carefully. There might be opportunities to keep the Moore House . Traffic was a major concern . The impacts on Forest Home and neighborhoods and the internal circulation are major concerns . Could we have an update on traffic circulation ? There is a question about a bi- pass road that would allow traffic from Pleasant Grove Road to come around the Thurston Bridge . Mr. Karp - It is a difficult thing to do . It has been carefully looked at and is fully reviewed in the Environmental Impact Statement . There were a series of public meetings that agreed to the scope and many of the Town residents were part of the process . The stage that we are in now is to have the City of Ithaca declare that the study was adequate . This was not to be dealt with lightly. The City of Ithaca Planning Board is having a meeting to discuss the Environmental Impact Statement . Then there will be public hearings to discuss the content of the document . Unknown Women - My experience with pedestrians is they walk the shortest path . The paths do not indicate it . Is this just the sketch path ? TOWN BOARD PAGE 23 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r. Karp - We have made a decision to focus on some of the things we are trying to emphasize . One is the movement of students from Central Campus towards the Community Commons . This is a complex slope . It is not a flat surface . We are aware that this not enough . Our conclusion at this time is to see how it goes . Then we may pave some of the paths that start to develop . We would like to minimize it and see how the demand falls . We are likely to have more pathways than shown . Unknown Women - There are solar tiles that capture solar energy and create electricity that can be fed into the buildings . This is a great opportunity to do something like that . Mr. Karp - We have not decided . We are looking at all aspects . In Community Commons we are trying to use natural light and use it in a deliberate way. One of the biggest problems is cooling and heating . It is a stated commitment by Cornell University to pursue green solutions to all of our buildings . Unknown Male - What traffic impacts on Forest Home is anticipated ? Mr. Karp - It is addressed in the Environmental Impact Statement . It will become a public document and will be discussed . I do not have specific information other than it has been addressed . Mr. Kanter - The numbers are in the Environmental Impact Statement . Mr. Karp - The scoping specified the intersections and at what times . Councilwoman Harrison - Does it address them adequately? Mr. Kanter - If there is something that needs to be addressed more , then this is the time . Mr. Karp - The discussion of the conclusions is later. Mr . Kanter - It was one of the major items discussed . Councilwoman Harrison - I think this is very exciting . It will be great for freshmen and it will more attractive . The location of the playing fields is great . There are many benefits of this project . I can also imagine that if I lived in Forest Home that I would be terrified . I think there will be substantial traffic increases . One of the things I would be worried about is the draw of community members in cars to the Community Commons . Is the Town of Ithaca in a position to say the building cannot be used for that purpose ? Councilwoman Russell - The building is not in the Town of Ithaca . Councilwoman Harrison - I see it as an undesirable use from a traffic point of view. Mr . Kanter - Being an involved agency, the Town of Ithaca can say to the City of Ithaca that we feel if this building is used as it is anticipated , and it draws this much traffic through Forest Home , we find a significant impact . The lead agency is suppose to listen to the concerns of the involved agencies . TOWN BOARD PAGE .24 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED t eouncilwoman Harrison - The large parking areas is in the Town of Ithaca . One of our points verage would be to say no parking in the area or no public parking . Attorney Barney - The only leverage the Town has is the re-zoning . Councilwoman Harrison = Through the re- zoning we cannot tell what to do with the building . Attorney Barney - The Town could decline the re- zoning . Mr. Kanter - If the Town were to decline the re-zoning , would limit the ability of Cornell University to build the recreational facilities . Councilwoman Russell - Could the Town condition the re-zoning? Attorney Barney - I would need to research it . Jean Reese , Project Leader - We have delusions of how we might draw faculty and students to the north end of campus for a variety of programs at lunch time . It does not happen . The happening place is where the classes are . We have provided bus services and incentives to get students , faculty, and staff back to the residential areas for lunches . For nine months out of the year this will not have that drawl . Robert Parcell will be maintained and many students will continue to eat there . The other three months of the year we will anticipate the use of the building for conference use . The op floor will be used for banquets . It will be primarily student use and not people with cars . Mrs . Drake - The banquet room can hold 300 people , but there are only 100 parking spaces . Where do you expect people to park? Ms . Reese - Some people could park in the immediate parking lot . Others would park in A- Parking Lot . Transit service is provided for banquets . Councilwoman Russell - Will the Town be holding public hearings on this? Mr . Kanter - The public hearings on the Environmental Impact Statement will be held by the City. When we get to rezoning and site plan approval , the Town will hold public hearings . If there are any concerns on the adequacy of the Environmental Impact Statement , then there is a meeting on April 199 1999 at 7 : 00 p . m . at City Hall . Town Staff will be assembling comments . If any board members have specific comments , they can be included in our concerns . The City of Ithaca is trying to make their decision on accepting the Environmental Impact Statement by April 27 . Agenda Item No. 12- Resignation & Resolution of Appreciation to Holly Beermann , Joint Youth Commission Chair. (See Attachment #5) Resolution No. 66 - RESOLUTION OF APPRECIATION TO HOLLY BEERMANN. TOWN BOARD PAGE 25 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, Holly Beermann was appointed as a Town of Ithaca representative on the Ithaca Youth Bureau Advisory Board in 1986, and to the Joint Youth Commission in 1994 serving continuously as a member since those dates; and WHEREAS, the Joint Youth Commission, in recognition of Ms. Beermann 's abilities and knowledge, appointed her to serve as Chair continuously since 1995; and WHEREAS, Ms. Beermann has submitted her resignation as the Town of Ithaca representative on the Joint Youth Commission effective May 5, 1999, and WHEREAS, during her years of service to the Town in these capacities Ms. Beermann has demonstrated dedication to the interests of the Town, a respect and genuine concern for the youth of the Town, youth affairs and youth programming; and WHEREAS, the Town of Ithaca is indebted to Ms. Beermann for her dedicated service to the Town of Ithaca and its youth as a Joint Youth Commission member and its Chair, and as a member of the Ithaca Youth Bureau Advisory Board; and WHEREAS, the governing Town Board wishes to express its appreciation to Ms. Beermann, upon acceptance with regret, of her resignation; Now, Therefore, Be It Resolved that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and youth, accepts with regret, the resignation of Holly Beermann as a member of the Joint Youth Commission; and expresses its sincere gratitude to Ms. Beermann for her diligent and faithful service to our community. MOVED Councilwoman Harrison, SECONDED Councilwoman Grigorov. A vote on a motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, absent during vote; Councilman Wolff, aye. Agenda Item No. 13 - Town Participation on Cayuga Medical Center Board . Supervisor Valentino - The person who served on this board does not want to serve on this board . He has been telling me it is not worth his time . I will look into it more . Agenda Item No. 14 - Designation of Polling Places for 1999. Supervisor Valentino - It is the same list as 1998 . Resolution No. 67- Desionation of 1999 Polling Places. WHEREAS, in conformity with Election Law it is necessary that the governing Town Board of the Town of Ithaca designate the names and addresses of Polling Places for voting within the Town of Ithaca; and TOWN BOARD PAGE 26 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the governing Town Board wishes to be in compliance with the Election Law, ow, therefore be it RESOLVED, that the governing Town Board does hereby designate the following listing by Districts of Polling Places, as the official Designated Polling Places for the year 1999; and, be it further RESOLVED, the said Designated Polling Places are all in compliance with the Election Law and are accessible to the handicapped. District # 1 - West Hill Fire Station, 1242 Trumansburg Road District #2 - Veteran Volunteer fireman 's Association, Inc. , 638 Elmira Road District #3 - South Hill Fire Station, 965 Danby Road District #4 - Reis Tennis Q Cornell University, 230 Pine Tree Road District #5 - Hasbrouck Apartments Community Center, 121 Pleasant Grove Road District #6 - B. O. C. E. S. , 555 Warren Road District #7 - Cayuga Heights School, Corner East Upland & Hanshaw Road District #8 - Boynton Middle School, 1601 North Cayuga Street District #9 - B. O. C. E. S. , 555 Warren Road District # 10 - South Hill Fire Station, 965 Danby Road District # 11 - Reis Tennis Center Q Cornell University, 230 Pine Tree Road MOVED Councilman Wolff, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, absent during vote; Councilman Wolff, aye. Motion carried. Agenda Item No. 15 - Amendment to Agreement with DeWitt Historical Society of Tompkins County. Supervisor Valentino - What is this a slight increase over? Mrs . Noteboom and I talked with the DeWitt Historical Society about the services they have been providing . I am willing to recommend the increase for this year. Then next year we review their services again . Councilwoman Russell - How much is the increase ? Councilman Wolff - About $ 1700 . Supervisor Valentino - It is less than they asked for. Councilman Wolff - Is the increase attribute to a service? Supervisor Valentino - Part is the services that we get for searches . The Town has the largest participation . Mrs . Noteboom - They cannot charge for the searches under law. TOWN BOARD PAGE 27 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Supervisor Valentino - We do not have the time to do it . We do not have a historian . Councilman Wolff - What was approved in the budget? Mrs . Noteboom - $6000 . Supervisor Valentino - They asked for $9000 . After working with them , we decided the additional $ 1700 is appropriate . Resolution No 68 - Amendment 1999 Agreement - DeWitt Historical Society of Tompkins County. WHEREAS, the governing Town Board by Resolution No. 17711998 authorized and directed the Town Supervisor to execute a supplemental agreement with the DeWitt Historical Society of Tompkins County for the year 1999 to provide historical services to the Town pursuant to the agreement between the parties dated March 3, 1998, and WHEREAS, said Resolution No. 17711998 also approved the payment amount of up to $6, 000. 00 in 1999 to the DeWitt Historical Society to provide the said services; and WHEREAS, the Town Supervisor has recommended and requested that the Town Board approve an amendment to the said agreement to increase the payment amount in 1999 to the DeWitt Historical Society to $7, 775. 00; and WHEREAS, the Town Board has discussed the said recommendation and request made by the Town Supervisor to increase the said payment; now, therefore, be it RESOLVED, the governing Town Board does hereby approve the payment of an amount not to exceed $7, 775. 00 to the DeWitt Historical Society of Tompkins County in 1999 to provide historical services to the Town of Ithaca; and be it further RESOLVED, the Town Supervisor is hereby authorized and directed to execute an amended supplemental agreement with the DeWitt Historical Society of Tompkins County that includes a revised payment amount of up to $7, 775. 00 for the year 1999, and be it further RESOLVED, the Town Supervisor and Budget Officer are hereby authorized and directed to make the necessary budget amendments to the financial accounts of the General Fund to reflect the increased payment amount. MOVED Supervisor Valentino, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, absent during vote; Councilman Wolff, aye. Motion carried. Agenda Item No. 22 = Purchase of Development Rights Program . TOWN BOARD PAGE 28 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r. Kanter - We need to spend time thinking about how this program is to work . We have asked ttorney Barney to look at the legal aspects of setting up this type of program . We have put together draft manual for the board ' s review. There are resolutions that have to do with whether or not we can seek cost estimates on properties . Also on whether or not we could seek feedback of the Agricultural Committee . We have two letters of interest that indicate they are interested in having appraisals done on their property. It would be good for the board to do a couple sample appraisals to see what types of cost and values of properties would be involved . Councilwoman Grigorov - I was excited to see this well done and complete . Mr. Kanter - Mr. Frantz spent a lot of time doing research and collecting examples . He talked with the American Farmland Trust because they helped communities set up programs . Attorney Barney - There is a stature to authorize these . Legislation needs to be done by resolution . When buying property, depending upon how it is financed , you may or may not be subject to a referendum . The actual authorization of the purchase is not subject to the referendum . If it would be bonded for more than five years it would be subject to a referendum . There was a provision that allows the Town to bond the purchase by paying for it in installments . I was concerned about the interplay of the Agricultural Committee and the Town Board . I am not sure it should be a rigid step by step procedure . upervisor Valentino - This resolution states at the request of the Town Board the Agricultural Committee to review the document and report back to the Town Board . Mr. Kanter - There are policy questions as to how things are to be done . Councilwoman Harrison - Is there a potential conflict of interest where the Agricultural Committee is concerned ? Agricultural Committee members are Town Farmers . This is looking at buying development rights from people on the committee . I was concerned that we are setting up a difficult situation for them . Christiann Dean , Agricultural Committee Chair - I share the concern . I remember when a farmer brought to the Town a proposal for a zoning variance . It came to Ag Committee meeting for their comment , but I asked this farmer not to participate in the discussion . I asked that he only provide necessary information . This would be the case . I do not think it is appropriate for a farmer to be involved in the discussion if it is involving their farm . Councilwoman Harrison - If you were a candidate , I would find it inappropriate for you to be in discussions regarding any candidates for that time period . Ms . Dean - I agree . Mr. Kanter - There might be a different review committee set up by the Town Board . It might be a combination of other boards and committees . It could also be a subcommittee of Town Board members . TOWN BOARD PAGE 29 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Councilwoman Harrison - We could go forward , but to ask the Agricultural Committee to consider hat they think is the appropriate role for their committee . Councilwoman Grigorov - The property needs to be free of any encumbrances , or mortgages . Attorney Barney - The easement the Town would receive would free it of the mortgage . The mortgage would be subordinate to the easement . The easement is superior to the mortgage . Councilwoman Harrison - The mortgagor would have to approve it . George Frantz, Assistant Town Planner - We will have to have discussions with the local bankers about this . We need to let them know it would substantially reduce the value . Attorney Barney - The bank will go to the mortgage holder. Many farms have a production credit . The title to the easement that the Town is getting needs to be free and clear. Councilwoman Harrison - A footer should be on every page that says draft and the date of the draft . On page 18 , Subdivision of a land subject to an easement . The last item , number 7 . If you have a 70 acre parcel , they may be allowed to subdivide . Mr . Frantz - It should read "any" instead of "the one". Councilwoman Harrison - Could 3 parcels be created ? Mr. Frantz - This is the total number of parcels permitted . Councilwoman Harrison - The title will need to be clarified . Is the assumption that on any of the parcels , one has the right to build one dwelling? Mr. Frantz - No . That is why it should read "any allowed residential structure" . What would happen is that in the process of negotiating an easement , the landowner may desire to obtain the right to build one additional dwelling . The idea behind the subdivision is to create a new farm tract . Councilwoman Harrison - I did not see a provision on how easements can be amended . This has to do with a violation . What are the mechanisms for any type of modifications ? The Town Board and the landowner could come to an agreement that it gets modified in the future . Attorney Barney - Any easement can be modified by the two parties . This may or may not be a good idea if there is a change in the Town Board . Councilwoman Harrison - Can we set more stringent criteria ? Attorney Barney - We need to take a look at it . Mr. Frantz - I was fortunate to have a copy of the draft manual with me at the AMERICAN FARMLAND TRUST Conference . I was writing down revisions during the presentation because it TOWN BOARD PAGE 30 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED t hwas from the Vermont Land Trust . This is their approach . They do not have specific criteria as to hat type of amendments they would have because it would be on a case by case basis . The key ing was any amendment would result in equal or greater protection to the land . Attorney Barney - There needs to be a finite time period . Then it could be amenable upon certain criteria . This should be in place while the appraisals are being done because it will affect the appraisals . Mr . Frantz - I do not recall any programs having any conditions like this . I think the reason is it that they want it to be forever. They want the landowners upfront to know that this is forever . In Massachusetts there is an option that after 25 years the state would consider selling back development rights to the landowner. There is also rigid criteria that has to be met . The problem is the state is buying development rights on farmland , but the towns still control zoning . They have found themselves in the position where the farm they have development rights is surrounded and isolated by residential developments . This is the safety valve that they have . Councilwoman Harrison - On Page 4 , is there criteria in writing for being included on the map ? What determines who is on the map? Mr. Frantz - The criteria for this is in the Parks and Open Space Plan . Ms . Dean - I wanted to thank the Town Board and the Planning Department for the leadership you have taken on this . For the last 7 years I have been, the only farmer saying that I would consider selling my development rights to the Town . There are two farmers who have decided to deal with the own of Ithaca . The Town of Ithaca ' s credibility is on the line with the Agricultural Community. How the Town deals with the two farmers is crucial . It is a draft manual . I urge the Town Board to keep the Agricultural Committee as a strong partner in your planning . I ask for the Town Board 's permission to take it to the Agricultural Committee before the next Town Board meeting . This way the farmers could offer their comments . It is part of the Town ' s credibility with the farmers . It will be . informative to the Town Board to hear what the farmers have to say. The application process has pros and cons of the rolling basis or the limited designated period every year. I am in the minority of the farmers to advocate the limited designated period every year. It helps the Town with better planning to have all the applications before at once . Using the agreed upon criteria , the Town can decide . Most farmers would prefer to talk anytime . They can come in and talk anytime , but the Town would receive applications during a designated period . The issue of Cell Towers is a terrible idea . If that goes to the Agricultural Committee it will sink the idea . There are several farmers in the Town who feel there is not a future for agricultural in the Town of Ithaca . They think it is dead . They do not want the Town Board pass anything that is restrictive of their ability to sell their land . The Purchase of Development Rights is one more way to potentially get money out of their farm . They are not the farmers who will actually be farming over the decades to come . Jim Ainslie was very wise of raising the question as to what happens to the land the development rights on ? You cannot make anyone farm it . The Town is not sending us a paycheck each month that will enable us to keep farming . The Town can create the conditions that will help younger, viable farmers want to farm that land and buy their neighbor's land to farm . Another TOWN BOARD PAGE 31 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ossibility is to have a gentlemen farmer to buy the land . A gentlemen farmer is not a bad steward of rime farm land . They usually have income to subsidize the farm operation . It will keep the land pen for viable agricultural in the future . They do not want a cell tower on their land . The idea that it is OK to put a cell tower on a portion of a farm is like saying someone is a little pregnant . If there was a 500 acre farm up the road from me and I wanted to buy it , I would not buy one acre if it had a cell tower on the furthest acre . I do organic farming and it is the only growth factor in the Town of Ithaca agricultural . We are the only type of farming that is growing and expanding . I have deep respect for the more traditional farmers , but it is not a growth sector. The more labor intensive farms that have a higher market value for their products are the people who have the potential to buy the farmland . People in this situation will not buy a farm with a cell tower on it . Gentlemen farmers will never buy land with a cell tower. Attorney Barney - I do not understand the connection between organic farming and cell towers . Ms . Dean - We cannot get organic certification when there is a cell tower on our land . We are working with our hands . We know the research findings on the health dangers of cell towers . It is a health issue . Attorney Barney - Organic certification is denied when there is a cell tower? Ms . Dean - It is a pending issue . I am asking that cell towers be deleted . There is a lot of agricultural land and open space in the Town of Ithaca that is not designated for purchase of development rights . There will be places in the town to put up cell towers if needed . Mr. Frantz - We are only one of three township level programs in the country. I have been relying on are county level programs . A county has set up a separate board with its own staff that handles the purchase of agricultural conservation easements . I took what was available . The Ag . Committee may not be an appropriate body. It could be made up of a variety of boards . Supervisor Valentino - The second section is the authorization for the Planning Department to hold proposals for appraisals . Mr. Kanter - This request is to go back to the appraisal services to get more specific costs and proposals . At that point we would give the information to the Town Board . Councilwoman Harrison - Do we know that all farms are aware of this opportunity? Ms . Dean - There are some farmers that do not come to the Ag Committee Meetings . Councilwoman Harrison - Could we send out a letter? Mr . Frantz - The two farmers in question have been talking to their neighbors about it . The word is out that they are interested . There is another farmland owner that might be interested but we have not been able to set up a meeting . TOWN BOARD PAGE 32 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r. Kanter - We could send a letter to farmers saying we are seriously considering the PDR Program aying there are a few interested farmers . Anyone interested can contact the Town . Mr. Frantz - These people have stepped forward . Councilwoman Harrison - Would the appraisal turn out differently depending on the terms of the easements? Would we be doing a second appraisal ? Mr. Frantz - We would have to go back to the appraiser for the preparation of the formal appraisal report . Attorney Barney - Assuming we settle on a set of terms but we change them , we could still have the appraisal done . Then ask the appraiser if the changes will change the appraisal . Mr . Carvill - It has been mentioned that we have $50 , 000 to $52 , 000 in reserve for open space . Earlier, Attorney Barney mentioned that no public referendum is required to remove money from the reserves to buy easements . The Town Board has passed a resolution to solicit bids for appraisal services . The monies will come out of the reserve to provide for the services , not from operating monies . Mr . Kanter - There are two possible places . The reserves and Planning Study Funds which are intended for these types of things . Attorney Barney - The only thing that has been authorized is to solicit an appraisal . Mr . Kanter - The additional $50 , 000 has not been set aside yet , but the Town Board indicated an interest in doing so . The decision to do that has been held off until we see how the first quarter revenues have been going . Supervisor Valentino - The board has made a commitment to move the funds . We will do it when it is appropriate . Mr. Kanter - There was a question as to whether it should be shown as a budgeted item in the 1999 Budget or if it should be taken out of the fund balance . Mr. Carvill - It will need to come before the board as to appropriate the funds as an inner fund expenditure out of the general part-town fund for which the money is raised . Then it needs to be transferred into the reserve . Then the appropriate board would make the decision as to how much money would be spent for what . Resolution No. 73 - Transmittal of Draft Purchase of Development Rights (PDR) Policies and Procedures Manual to Agriculture Committee. WHEREAS, the Town of Ithaca Town Board on December 8, 1997 did adopt a comprehensive Park, Recreation and Open Space Plan that includes new zoning and farmland protection measures TOWN BOARD PAGE 33 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca, ncluding a voluntary purchase of development rights (PDR) program, and WHEREAS, the Town Planning Department has prepared a draft of a policies and procedures manual for a Town of Ithaca Agricultural Land Preservation Program for consideration by the Town Board, and WHEREAS, the Town of Ithaca Agriculture Committee is charged with advising the Town Board, Planning Board and Conservation Board on matters pertaining to agriculture in the Town of Ithaca, now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby directs the Town Planning Department to transmit to the Town of Ithaca Agriculture Committee copies of said draft policies and procedures manual for a Town of Ithaca Agricultural Preservation Program, and, be it , further RESOLVED, that the Town Board hereby requests that the Agriculture Committee review the document and report back to the Town Board its findings and advice regarding the adoption of the said document. MOVED Councilwoman Harrison, SECONDED Councilwoman Grigorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Resolution No. 74 - Authorization to Solicit Proposals for Appraisal Services for Purchase of Development Rights. WHEREAS, the Town of Ithaca Town Board on December 8, 1999 did adopt a comprehensive Park, Recreation and Open Space Plan that includes new zoning and farmland protection measures designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca, including a voluntary purchase of development rights (PDR) program, and WHEREAS, the Town Board has allocated certain monies toward the purchase of development rights on agricultural lands in the Town, pending the authorization of such PDR program in the current fiscal year, and WHEREAS, the owners of three parcels of agricultural land in the Town have expressed interest in exploring the sale of the development rights to their land, to the Town of Ithaca, and WHEREAS, said landowners have requested that the Town of Ithaca proceed with having the development rights on their respective properties appraised in order to determine their monetary value, now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby authorizes the Town Planning Department to solicit proposals for appraisal services from at least three appraisers, said proposals to TOWN BOARD PAGE 34 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED 'nclude price quotations for such services, for consideration by the Town Board at its meeting on May 10, 1999, MOVED Supervisor Grigorov, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No 16 - Enter into Agreement with Cornell Cooperative Extension to Provide Services through Joint Youth Prociram . Supervisor Valentino - This is a standard contract . The funds have been appropriated in the budget . At the beginning of the year we were not sure if these programs would be funded through the Youth Bureau , Our Youth Commission has recommended that it be done through the Cornell Cooperative Extension . They gave us a better program and were able to serve more youths than the other program . Mr. Carvill - The County services provided six youth programs for about $25 , 000 a year . Cornell Cooperative extension is hiring 16 for the same amount of money. It is easier to give them the lump sum payment upfront rather than quarterly. This allows the programs to be carried out easier. Mrs . Noteboom - This agreement has it quarterly. Cornell is going to provide this all year. It is no longer a summer program . The youths would be employed all year . They will also get training . The students will be hired within the community and do it for the period determined by the employer . Mr . Carvill - Cornell Cooperative makes a detail accountability of all the program expenditures to the County Youth Bureau . If there are surplus money left from our contributions , it is to be returned to the Town . It is not to be retained for the following year and hope it is applied . Attorney Barney - The Town should not be paying for anything until it has received the service or product . Certain exceptions are made . Supervisor Valentino - I recommend it be paid on a quarterly basis . Attorney Barney - I suggest the Town pays one quarter in advance . Then pay quarterly based on vouchers for services provided . Supervisor Valentino - Do we need to give start up money? Mr. Carvill - No . Resolution No. 69 - Approval of Agreement Cornell Cooperative Extension - Joint Youth Program. WHEREAS, the Joint Youth Commission has recommended and requested that the Town of Ithaca enter into an agreement with the Cornell Cooperative Extension to develop and implement youth service programs in the town during 1999 at a cost not to exceed $25, 998. 00; and TOWN BOARD PAGE 35 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the Town of Ithaca would receive at least $9, 764. 00 in aide from Tompkins ounty and the State of New York to offset a portion of this expense; now, therefore, be it RESOLVED, the Town Board does hereby approve the payment of $25, 998. 00 in the year 1999 to the Cornell Cooperative Extension as recommended by the Joint Youth Commission to provide the said youth services; and, be it further RESOLVED, the Town Supervisor is hereby authorized and directed to execute the agreement on behalf of the Town of Ithaca with any changes or amendments as maybe deemed necessary upon the advice of the Attorney for the Town and the Town Budget Officer. MOVED Councilwoman Grigorov, SECONDED Councilwoman Harrison. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, absent during vote; Councilman Wolff, aye. Motion carried. Agenda Item No. 17 - Agreement with Tompkins County for Reimbursement of Payment to Agencies Pursuant to 1 % Sales Tax Revenue . Supervisor Valentino - This will help subsidize programs . The Tompkins County Municipal Officers Association are working together to try and do something about this . Resolution No. 70 - Aivroval of Agreement - Tom kins County Reimbursement of Costs for Aciencv Fundin . WHEREAS, Tompkins County wishes to enter into an agreement with the Town of Ithaca to assist the Town in partially covering the cost of transit and health and human services programs; and WHEREAS, the conditions of the proposed agreement provide for the Town to receive up to $ 18, 639. 00 from Tompkins County in 1999; now, therefore, be it RESOLVED, the Town Supervisor is hereby authorized and directed to execute the said agreement on behalf of the Town of Ithaca with any changes or amendments as may be deemed necessary upon the advice of the Attorney for the Town; and, be it further RESOLVED, the Attorney for the Town is hereby authorized and directed to continue negotiations with the Tompkins County Attorney to reach a mutually acceptable arrangement for the removal of the indemnification provisions in all contracts and agreements with Tompkins County. MOVED Supervisor Valentino, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 21 - lacovelli Park. TOWN BOARD PAGE 36 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r . Kanter - We had a good meeting with the neighborhood . There were about 20 residents at the eeting . The key question was if they neighborhood wanted a basketball court . Eleven surveys ere strongly opposed and six strongly supporting the basketball court . At the meeting there were many people who were not sure . It is a dilemma . Councilwoman Grigorov - Mr. lacovelli offered other land further down the trail for a basketball court . Councilwoman Russell - Has that been looked into ? Is it a possibility? Mr. Kanter - It is not serious yet . It is not a nice offer. Anything Mr. lacovelli offers is not necessarily free of charge . He has said he would be happy to lease the Town other property. He indicated that he would prefer a more naturalistic park at lacovelli Park . Mrs . Drake - Why are the neighbors opposed to a basketball court? Mr. Kanter - One was the naturalistic park versus non -naturalistic park . Another was noise . It was not so much noise from children , but from Ithaca College students . There were some comments who say they can hear Ithaca College students from Pennsylvania Avenue and Kendall Avenue , Councilwoman Grigorov - The people who were for the basketball courts were people who lived right near the court and had many children . Councilwoman Russell - One gentlemen opposed stated that the college students would take over the basketball courts and the children would not be able to play. After the meeting , a women mentioned that the college student frequently play with her children . Mr. Frantz did a good job on the designs and that came out at the meeting . Councilwoman Grigorov - Some people did not want anything more than benches . Councilwoman Russell - I would have liked to have a computer generated walk through of the two different possibilities as what was done with Town Hall . Councilwoman Harrison - What is nearest recreation area the children could use? Mr. Frantz - The nearest basketball court are at the South Hill Elementary School . Ithaca College have basketball courts on campus . Councilwoman Russell - How many families could this serve? Mr. Kanter - There are about 280 households in the general area . Mr. Frantz - There is about 5 , 000 people within walking distance of any of the entrances to the South Hill Trail . Supervisor Valentino - What is being considered this evening? TOWN BOARD PAGE 37 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r. Kanter - The type of park it should be . ouncilman Conley - I sympathize that children do not have a place to play. Then again , this type of play area is for younger children than those who would be playing basketball . Mr . Frantz - There are three proposals . The first one includes a basketball court , a play structure , small pavilion , large open lawn . Councilman Conley - Where would people park? Mr . Frantz - It is within walking distance . We are not providing parking . Councilwoman Harrison - It does not prevent parking on Juniper Drive . Councilman Conley - What about half a basketball court ? Mr. Frantz - At the meeting , we also showed the version without the basketball court . A lot of people discussed a half court , but having a level platform for other activities . We worked on this idea . We came up with a lawn area with a small paved area at one end with one basketball court that would allow people to play "One on One" . The area would be smaller than a half court . Councilwoman Harrison - The area has a slope . Will the area be graded to make the area flat? Mr. Frantz - Yes . One area will be used as a temporary fill site for construction for various Highway Department projects . The idea is to use the spoil generated in highway construction to create the platform with a gentle slope . A hill is created that is six feet higher than the basketball court to block the view from a neighboring house . This will also create a view of Six Mile Creek Valley. Supervisor Valentino - Are we suppose to make a decision tonight on which layout ? Mr. Kanter - We would like some direction as to which options to go with . Then in the near future we would hold a general public Town Board meeting after we revise the plans more . The Town Board could hear directly from the public . Councilwoman Harrison - Could we look at the cost of the different options at that time ? Mr . Kanter - Yes . Councilman Conley - The best parks are the natural parks . It should not be too formal , but it needs a play structure and a few other items . Mr. Frantz - We have discussed having ten benches . Mr . Kanter - There will be people opposed because of the small basketball court . We also discussed a grass- paper basketball court . Councilwoman Harrison - What is the advantage? TOWN BOARD PAGE 38 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r . Kanter - The drainage and it has a natural look . upervisor Valentino - I like the version with the smaller basketball court . Councilwoman Harrison - Is there room for Four Square ? Mr. Frantz - Yes . Councilwoman Harrison - It would give something for the girls to do also . Mr . Kanter - An open lawn area would allow for various activities . Councilwoman Harrison - Will there be picnic tables in the pavilion ? Mr. Kanter - No . It is a gazebo . Councilwoman Harrison - What is its purpose ? Mr. Frantz - It is a sitting area . Supervisor Valentino - It is an option . Mr . Kanter - Would you like to invite the public to the next Town Board meeting to hear their comments? We indicated there would be other opportunities for more input . Agenda Item No. 19 = Approval of Specifications/Authorization to Solicit Bids for Purchase of Excavator by Highway Department. Mr . Noteboom - We have been renting an excavator and spending between $ 15 , 000 and $24 , 000 a year. It is partly to do with our Storm Water Management Program . The Public Works Committee wanted us to look into what it would cost to buy an excavator. It is cost effective to own one even for the time span we use it . We would use it more if we did not have to rent it . We based the numbers on the City's cost of their repairs . Councilman Conley - How much ? Mr. Noteboom - We received estimates that ranged from $ 103 , 000 to $ 112 , 000 . Supervisor Valentino - We have the money between Mr. Noteboom ' s budget and water and sewer. It will be used for both departments . Mr. Noteboom - We have $85 , 000 in a reserve fund which is subject to a permissive referendum . Mr. Carvill - Do we want to use operating monies or equipment reserve? Supervisor Valentino - We can take the rest from Water and Sewer. TOWN BOARD PAGE 39 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED U tion No. 72 - A roval of S ecifications and Authorization to Solicit bids for the Purchase of avator. WHEREAS, the Town of Ithaca Highway Superintendent has discussed with the Public Works Committee the need to purchase a New 1999 Hydraulic Excavator; and WHEREAS, the funds for the purchase of the said equipment would be expended from the Highway Equipment Capital Reserve Fund, the Water Fund, and the Sewer Fund; and WHEREAS, the Highway Superintendent has prepared minimum specifications and the appropriate documents to solicit bids for the purchase of the said New 1999 Hydraulic Excavator; and WHEREAS, the governing Town Board has reviewed and discussed the need to purchase the said excavator, as well as the minimum specifications and bidding documents; now, therefore, be it RESOLVED, that based on the recommendation of the Highway Superintendent and the Public Works Committee the governing Town Board does hereby approve the minimum specifications and bidding documents for the purchase of a New 1999 Hydraulic Excavator; and, be it further RESOLVED, that the Town Clerk is hereby authorized and directed to advertise and solicit bids for the purchase of the said New 1999 Hydraulic Excavator. MOVED Councilman Conley, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No 24 & 25 - Armroval of Plans/Saecifications/Authorization to Solicit Bids for Warren Road Water & Sewer Main Rei3airs . Mr. Walker - We have been working with the County. There are five aspects of the project . The roadway design will be done by Tompkins County . The drainage evaluation is being completed by the Town of Ithaca . We will be working with the County on the drainage design . The water main design will be the Town ' s project . The Tompkins County Highway Department will be doing the work on the roadway . We provided them with the survey information and maps . We showed them that there were some drainage problems and they acknowledge that . We took a site walk with Mr. Hungerford and Mr. Stern . They acknowledge that there are significant problems . They are planning on a full depth shoulder design . They will excavate down and build the shoulder from the base up . It will be 18 inches thick with drainage under it . They are also discussing selective replacement of the pavement base . I recommended that they replace the entire base . It is in bad shape throughout . Councilwoman Harrison - What is the general design going to be? TOWN BOARD PAGE 40 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED r. Walker - It will be five foot wide shoulders and 22 foot wide paving . They will be using nine inch ide white line . It is twice the normal width of lining . A concern at the public meeting was speed . ross sections are being examined . Mr. Walker presented the drainage area map to the Town Board. There is a major drainage path that comes through Lucentes . We have had a lot of complaints from Christopher Circle about water coming through their yards . Mr. Walker presented pictures of the drainage problems in the area . The culvert across from DeWitt is underneath the walkway. There is not five feet of room between the ditch and the edge of pavement . There is room to move the ditch back inside the right-of-way line . A fire hydrant is in the ditch line and the water main is underneath the white line . The culvert is under water. On the opposite side of the road , the head-wall brings water across . One of the reason there is more drainage into backyards is because the shallow ditch overflows . It is not contained . There is a little flow moving through the culvert down the ditch line . The other culverts are too high and are blocking the flow. This culvert is emptying into the drainage ditch onto the north side of Winthrop Drive . It is in poor condition . I do not want a contractor building a new water line through the ditch line without knowing the County' s plans . The Town will end up replacing some the structures , then it will cost the Town more money. This is why I have been asking the County for their designs . There is a steel pipe along Winthrop Drive and the entrance to the pipe is on the opposite side of the road . It is the main drainage way. Fifty acres of drainage goes through the pipe if it gets there . This is part of the problem with the drainage system . Then next photo is looking down towards Christopher Circle . There is a wooden fence on the right hand side close to the road . This house was up for sale with a buyer. The purchasers called and asked questions about the project , then they decided against the property. I received a phone call from a very upset Realtor . The Realtor claimed they did not know anything about the project . The edge of the pavement shows the deterioration . There is not a ditch on the uphill side . The area is saturated most of the time . When the traffic comes off the intersection with Winthrop Drive , it wears the shoulder. Supervisor Valentino - What causes this? Mr. Walker - It is poor drainage . Water is held in the base , freezes , expands , and causes cracks and bumps . There are cracks throughout the road . When the Town did East Wood Commons Road , we took the width from one shoulder to the other out . The ground is lower than the road . We could use some of the material to build the base up for a walkway. Some of the water seeps underneath the road . At the curve there is a private lane with culverts almost fill . Any water seeps through the yards and travels back lots . We will work with the County on the drainage design . We will attempt to drain the highway base and design it to reduce identified problems in the back lots . The schematic water main design is complete . The preliminary cost estimate is $250 , 000 . The final alignment of the water main will be dependent upon what happens with County drainage . TOWN BOARD PAGE 41 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED upervisor Valentino - Do they have designs complete ? r. Walker - The County has completed what the Town has completed . We have offered assistance . We provided the survey. I told them the Town could do the drainage design , but it would cost money for us to do it . Supervisor Valentino - The County feels they do not need to pay money. I thought someone in the County Engineering staff was already doing a design . Mr . Walker - The staff person who was suppose to be doing the design has been out on medical leave . I will be contacting the County this week . The sewer rehabilitation may happen this year or next depending upon how our time goes . We are looking at swift lining it because the sewer manholes are in good condition . The biggest problem with the pipe is it has older asbestos . It has plenty of capacity, but the joints are deteriorating . We can swift line if for about the same cost or less cost than replacing it by excavation . It also minimizes the disturbance in the areas with many trees . The sewer line is outside the road right-of-way and it would not be in the primary work area . There is not an advantage of pushing it ahead . We can do the sewer contract later in the year. The County is doing the road reconstruction in July and August . If we have a design done , we will try and have the water main replacement contract out in June . Hopefully, the project will be complete by October. Supervisor Valentino - This has been a changing scenario . Councilwoman Russell - Is there room for the potential future walkway? Mr . Walker - There is plenty of room near Hanshaw Road . We would be crowding some of the trees . There may need to be a curb next to the walkway. The tightest place is between Christopher Lane and Winthrop Drive . The fence is two feet inside the road right- of-way. The trees are on the road right-of-way. There is about ten feet between the edge of pavement and the tree . The water main in under the shoulder and then the walkway outside the shoulder . When the area is restored after the water main is installed we will expend the trail out to the edge of the right-of-way. The front yards are 2 feet lower than the road . It can be sloped and still provide adequate drainage . Councilwoman Harrison - What provisions are being taken for the downstream impacts ? Mr. Walker - We have already taken care of some of them . This watershed drains into Winthrop and the other part drains down Christopher Lane , The Winthrop ditch has plenty of room . The ditch by the water tank has been improved . Christopher Lane has enough capacity to hold the water. Councilwoman Harrison - Where will it go after that ? Mr. Walker - The DeWitt pond has control of the flow of the water that goes down Winthrop . The Village also improved the drainage on Triphammer Road . Councilwoman Harrison - It is not just a matter of culvert capacity. If you do not have a detention pond it will flood . TOWN BOARD PAGE 42 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED I r. Walker - This will not significantly increase the rate of runoff . It may require the size of the pipe be increased so it does not run out as fast as it could . As the water gets into Renwick Brook , it has t ability problems . In Texas Lane we have stability problems and we are looking at fixing the problem . We are also looking at is subsurface drainage and saturation . A lot of the water problems at Christopher Lane are because the water travels through the yards at a slow rate . Everything remains saturated . We will be reducing some of the water. This is one of the reasons the road is breaking up . Agenda Item No 18 - Records Management Electronic Media Systems Use Policy and User Agreement. Mrs . Noteboom - This has been review by the Records Management Board for many months . This is draft number 6 . It has been picked apart and a lot of good suggestions have been made . The board felt that with the amount of electronic media that we now transmit that a policy should be considered . This is to try to eliminate the possibility of information being transmitted to or by our employees of a nature that is not appropriate . There is a potential of things occurring . We based it on the City of Buffalo . It was the model we used to put our policy together. The Attorney for the Town has reviewed it and offered his suggestions and helped with the wording . Councilwoman Grigorov - Do you want to allow games during lunch hour? Mrs . Noteboom - We felt that there are times when employees need to step away from a stressful or intensive project . Yet , they might not have enough time to leave the building . We do have good department head structure so that if there is abuse it would be dealt with . The board felt this is the beginning . We may need to revise it as other types of media comes out . We felt it is a good start . Supervisor Valentino - This is our starting point for the technology that the Town has . Councilman Wolff - It would be nice to have a policy to determine what sorts of information can be posted on it . Supervisor Valentino - Do you mean a website? We would like to do it at some point . Councilwoman Harrison - Do we have anything that posts the meetings ? Mrs . Noteboom - No . It is difficult because we are not networked . There would be many individual PCs . Mr. Carvill - We do not have an official website . Mrs . Noteboom - It has not been done because Ms . Titti is waiting to see what the network system will be like before we look at options . This is the next project for the Records Management Committee . TOWN BOARD PAGE 43 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Mrs . Drake - Mr. Kanter and I have been interviewing for a planner position . The person is a raduate student and he and his friends went onto the internet to get an idea about the Town of thaca before he came . He did not find out anything . Mr. Kanter - We received an application that stated if the Town would like to find out more about them that we could check their website . Mrs . Noteboom - This establishes some of the policies we need to have in place before we start developing a website . Councilman Conley - What is the progress on the Post Office renovations? Mr. Walker - They are not much further ahead than last time . We did go to the Landmarks Commission . They complimented us on the quality of the presentation and understood everything . We received the Certificate of Necessity. There were a few conditions . Councilman Conley - Do they need to move before we can begin ? Mr. Walker - We are ready to move ahead with the final construction documents . Supervisor Valentino - One of the Post Office architects came to the meeting . We have a problem with their design not being compatible . Mr. Walker - They are trying to refine the entrance . It does not match the historic nature of the building . Councilwoman Russell - Was it part of the review? Mr. Walker - The committee reviewed our part of the building separately. The Post Office still needs to go before them for their entrance . I received approval for the Records Management Center today. I have not had a chance to talk with Supervisor Valentino , Mrs . Noteboom - Did you design it? Mr. Walker - No . This is for the schematic design . Mrs . Noteboom - It was mostly done . Mr. Walker - Not the heating and ventilation . Resolution No. 71 - Aporoval Records Management Electronic Media Systems Use Policy and Use Agreement WHEREAS, the Town of Ithaca wishes to promote responsible use of its computers, network systems, and electronic communication systems in a manner that is consistent with the goals and TOWN BOARD PAGE 44 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED objectives of the Town while insuring the lawful use of the said computers and electronic systems; and WHEREAS, the Records Management Advisory Board has drafted a Records Management Electronic Media Systems Use Policy and User Agreement to establish rules and regulations for the appropriate use of the Town of Ithaca computers and electronic systems by town officers and employees; and WHEREAS, the Records Management Advisory Board recommends that the governing Town Board adopt the said agreement, and WHEREAS, the said Records Management Electronic Media Systems Use Policy and User Agreement has been reviewed by the governing Town Board and the Attorney for the Town; now, therefore, be it RESOLVED, based upon the recommendation of the Records Management Advisory Board, the governing Town Board hereby adopts the Records Management Electronic Media Systems Use Policy and User Agreement which establishes rules and regulations for the appropriate use of the Town of Ithaca computers and electronic systems by town officers and employees; and, be it further RESOLVED, that the Records Management Officer and the Human Resources Specialist are hereby directed to provide a copy of the said agreement to each town officer and employee; and be it further RESOLVED, the Human Resources Specialist is hereby directed to have each town officer and employee complete the Acknowledgment of Receipt By Employees form related to the said agreement and file the form in the said officers or employees personnel file. MOVED Councilwoman Grigorov, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No 23 - Amendment to Agreement with Stearns & Wheler , LLS to Provide Services for Development of Engineering Study for Proposed Improvements to Ithaca Area Wastewater Treatment Plant (WWTP-SJS) . Mr . Walker - We approved an agreement with an $800 error. We need to amend the agreement for $800 more . Supervisor Valentino - It is not really an increase . There was a typing error and the numbers did not add up right . Resolution No. 75 - Ithaca Area Wastewater Treatment Plant (WWTP-SJS) Approval to Amend Stearns and Wheler Contract TOWN BOARD PAGE 45 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the Ithaca Area WWTP-SJS (OWNER) and Stearns & Wheler, LLC (ENGINEER) entered into an Agreement dated January 6, 1999, for professional engineering services in onnection with the performance of an engineering study to determine the cost of various improvements to the Ithaca Area Wastewater Treatment Plant; and WHEREAS, the ENGINEER submitted a preliminary letter report to OWNER outlining the recommendations and budgetary project cost estimates resulting from the completion of the study in advance of the final report summarizing the results of all tasks included in the Agreement; and WHEREAS, the Town Board reviewed said preliminary report and accepted the recommendations summarized therein by enacting Resolution No. 5911999 at their March 8, 1999 meeting which authorized an increased payment to the ENGINEER from $ 160, 000 to a revised total not to exceed $213, 000 for the said study and report; and WHEREAS, it has been determined that the increased payment amount to the ENGINEER as stated in Resolution No. 5911999 was incorrect due to a clerical transposition; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and approve a correction of the amended amount to be paid to the ENGINEER as provided by Resolution No. 5911999 for the said services from $213, 000. 00 to a revised total not to exceed $213, 800. 00, and, be it further RESOLVED, that the increased funds be derived from existing reserve funds of the Joint Activity Fund; and, be it further RESOLVED, that the Town Supervisor be and she hereby is authorized to sign such amended agreement with such changes therein as she, with the assistance of the Town Engineer and the Attorney for the Town, deems necessary or appropriate; and be it further RESOLVED, that prior to execution of such amendment the Town Supervisor receive documentation satisfactory to her and the Town Engineer demonstrating the need for the additional expenditures and the calculation of the fees related thereto. MOVED Councilwoman Harrison, SECONDED Councilwoman Grigorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 26 = Consent Items : Resolution No 's. 76(a)=76(o) - Consent Agenda Items BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No. 26(a) -26(o) as presented. TOWN BOARD PAGE 46 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. a . Town Board Minutes = 3/8/999 3/22/99. Resolution No. 76(a) - Approval of Town Board Minutes WHEREAS, the Town Clerk has presented the minutes for the regular meeting held on March 8, 1999, and the special meeting held on March 22, 1999 to the governing Town Board for their review and approval for filing; and WHEREAS, the governing Town Board has reviewed the said minutes; now therefore, be it RESOLVED, the governing Town Board does hereby approve for filing the minutes for the regular meeting held on March 8, 1999, and for the special meeting held on March 22, 1999 with the clerical corrections presented by Councilwoman Russell. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. b. TOWN OF ITHACA WARRANTS. Resolution No. 76(b) - Town of Ithaca Warrants 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 governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. Voucher No. 254-387 GENERAL FUND TOWNWIDE: $ 102, 580. 80 GENERAL FUND PART TOWN: $ 28, 873. 02 HIGHWAY FUND PART TOWN: $ 20, 861 . 28 WATER FUND: $202, 706, 47 SEWER FUND: $ 102Y399, 27 LIGHTING DISTRICT FUNDS: $ 11143. 88 DEBT SERVICE FUND: $ 603. 15 TOWN BOARD PAGE 47 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. c . BOLTON POINT WARRANTS . Resolution No. 76(c) - Bolton Point Warrants WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing 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 governing Town Board hereby authorizes the payment of the said vouchers. Water Fund: Voucher No. 61 , 115- 184 $90, 383, 54, $52, 406. 29 H-Fund: Voucher No. 185- 188 $ 89. 46 MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. d. Approval for filing , SCLIWC 1998 Annual Financial Report. Resolution No. 76(d) - 1998 Southern Cayuga Lake Intermunicipal Water Commission Annual Financial Report WHEREAS, the Treasurer of the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) has submitted the 1998 Annual Financial Report, including the Notes to Financial Statements to the NYS Comptroller's Office as required by Town Law; and WHEREAS, the SCLIWC and the Town of Ithaca Town Board have reviewed and discussed the said report, now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby ratify the submission of the 1998 Annual Financial Report to the NYS Comptroller's Office as reflecting the financial activities and condition of the SCLIWC for the year 1998, and be it further RESOLVED, the Town Clerk is hereby authorized and directed to advertise the availability of the said report for public inspection as required by Town Law. TOWN BOARD PAGE 48 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried r unanimously. e . Approval for filing , SCLIWC 1998 Independent Auditor' s Report. Resolution No. 76(e) - Southern Cayuga Lake Intermunicipal Water Commission 1998 Independent Auditor's Report WHEREAS, the governing Town Board has received the Financial Report for the year ended December 31, 1998 for the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) from the independent auditing firm of Sciarabba Walker & Co. , LLP, Certified Public Accountants; and WHEREAS, Town Law requires that the said report must be made available for public inspection at the Town Clerk's Office; now, therefore, be it RESOLVED, that this governing Town Board does hereby approve and accept for filing the SCLIWC Independent Auditor's Financial Report for the fiscal year ending December 31 , 1998; and, be it further RESOLVED, this governing Town Board does hereby authorize and direct the Town Clerk to advertise that the said report is available for public inspection at her office as prescribed bylaw. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. f. 1999 Budget Amendment = Youth Services . Resolution No. 76(f) - 1999 Budget Amendments for Youth Services WHEREAS, the Joint Youth Commission has requested and recommended that the governing Town Board amend the allocation of funds made during the budget process for the year 1999 to provide additional funding for youth services; and WHEREAS, the recommendation and request calls for increasing the expense allocation from $94, 552. 00 to $ 107, 636, and increasing the amount of offsetting revenues to be received from New York State, Tompkins County, the Village of Cayuga Heights, and the Village of Lansing from $46, 573 to $59, 657; and WHEREAS, it is necessary that such funding be approved and that the appropriate budget amendments be made to account for the said increase in funding allocations and revenues; now, therefore, be it TOWN BOARD PAGE 49 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED RESOLVED, the governing Town Board does hereby approve the said increases in funding or youth services as requested and recommended by the Joint Youth Commission; and be it further RESOLVED, the governing Town Board hereby authorizes and directs the Fiscal Officer and the Budget Officer to make the following budget amendments to the 1999 General Fund and General Part Town Budgets. GENERAL FUND Debit: A960 Appropriations $ 11 , 256. 00 A7320. 403 Municipal Summer Jobs $ 11 , 256. 00 A510 Estimated Revenues $ 12, 163. 00 A2350 Youth Recreation Services $ 122163. 00 Credit. A960 Appropriations $22, 498. 00 A7320. 404 CRCC Summer Program $ 11000. 00 A7320. 405 Cornell Cooperative Extension $ 19, 998. 00 A7320. 406 Learning -Web Youth Works $ 11000, 00 A7320. 407 Ithaca Invaders $ 500. 00 A599 Appropriated Fund Balance $ 921 . 00 To amend the 1999 General Fund Budget pursuant to contract changes and reimbursement from Tompkins County, New York State, the Village of Lansing, and the Village of Cayuga Heights for youth services as recommended by the Joint Youth Commission. General Part Town Fund Debit: B510 Estimated Revenue $ 921 . 00 B2350 Conservation Corp. $ 921 . 00 B599 Appropriated Fund Balance $ 921 . 00 Credit: B960 Appropriations $ 1 , 842. 00 B7140. 405 Youth $ 1Y842. 00 To amend the 1999 General Part Town Fund Budget for youth program expenditures as recommended by the Joint Youth Commission. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. g. Amendment to the Agreement for the Expenditure of Highway Funds . Resolution No. 76(4) - Amendment to the Agreement for the Expenditure of Highway Funds TOWN BOARD PAGE 50 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Am WHEREAS, pursuant to the provisions of Section 284 of the Highway Law the governing Town Board is required to enter into an agreement with the Highway Superintendent outlining the expense of monies levied and collected in the town for the repair and improvement of highways, and for monies received from the State of New York for State Aid for the repair and improvement of highways; and WHEREAS, the Town of Ithaca Highway Superintendent and the Public Works Committee have considered a modification to the Agreement for the Expenditure of Highway Monies adopted by Resolution No. 12 on January 11 , 1999, by replacing the Maple Avenue reconstruction with the reconstruction of Caldwell Road, now, therefore, be it RESOLVED, the governing Town Board does hereby approve and adopt the amendment to the Agreement for the Expenditure of Highway Monies, for the year 1999, by deleting the reconstruction of Maple Avenue and including the reconstruction of Caldwell Road. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. h . Request for continuance of CHIPS Funding by New York State. Resolution No. 76(h) - Request for Continuance of CHIPS Funding by the State of New York WHEREAS, the Honorable George Pataki, Governor of the State of New York in his 1999 Budget proposal has reduced funding of the CHIPS Capital Funds by $26 million, which is a 9 % reduction from the previous years budget; and WHEREAS, Governor Pataki has also proposed reducing the Highway Construction and Engineering Programs by $367 million in the said 1999 Budget; and WHEREAS, the Town of Ithaca Highway Superintendent wishes to encourage Governor Pataki and the New York State Legislature to restore funding of the said funds and programs in their 1999 Final Budget; now, therefore, be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby support the restoration of the CHIPS Capital Funds and the Highway Construction and Engineering Programs in the 1999 Final Budget of the State of New York; and, be it, further RESOLVED, the governing Town Board does hereby advocate the submission of correspondence by the Highway Superintendent to Governor George Pataki and the New York State Legislature requesting the restoration of the CHIPS Capital Funds and the Highway Construction and Engineering Programs in the 1999 Final Budget of the State of New York, and, be it, further TOWN BOARD PAGE 51 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Honorable George Pataki, Governor of the State of New York; the Honorable James L. Seward, State Senator; and the Honorable Martin Luster, State Assemblyman. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. i . Appointment Part Time Typist. Resolution No. 760) - Appointment of Part Time Typist WHEREAS, the part time Typist position in the Town Justices ' Department has been vacant since January 29, 1999; and WHEREAS, the Human Resources Specialist and Court Clerk interviewed candidates from an open recruit since this is a non-competitive position; and WHEREAS, the said individuals have determined that Dianne McFall possess the necessary knowledge and skills to satisfactorily perform the duties of said position, and they make the recommendation for appointment; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular appointment of Dianne McFall as part time Typist in the Town Justices ' Department retroactive to March 15, 1999, and be it further RESOLVED, this is a part time position based on a 10 hour work week, at the 1999 hourly wage of $9. 00, charged to account A1110. 100; and be it further RESOLVED the said position is in job classification " E `; with limited benefits. No further action by the Town Board is required if Ms. McFall successfully completes the twenty six week probationary period. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. j . Appointment Senior Typist. Resolution No. 76(i) - Appointment of Senior Typist WHEREAS, there is presently a vacancy in the full time position of Senior Typist for the Engineering and Planning Departments, and TOWN BOARD PAGE 52 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the Human Resources Specialist and Administrative Assistant interviewed four candidates from the certified eligible listing for the said position; and WHEREAS, the said individuals have determined that Sandra Polce possesses the necessary knowledge and skills to satisfactorily perform the duties of the Senior Typist, and therefore, make the recommendation for appointment, now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular appointment of Sandra Polce as a full time Senior Typist for the Engineering and Planning Departments, effective April 12, 1999; and be it further RESOLVED, this is a 375 hours a week position, at the hourly wage of $ 10. 50, which is an estimated annual salary of $20, 475, to be paid from account number B8020. 100, in Job Classification "H" with full time benefits; and be it further RESOLVED, if Ms. Polce successfully completes the mandatory twenty six week probationary period there will no further action required by the Town Board. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. k. Provisional Appointment Automotive Mechanic Assistant . Resolution No. 76(k) = Appointment of Automotive Mechanic Assistant WHEREAS, there is presently a vacancy in the full time position of Automotive Mechanic Assistant in the Highway Department; and WHEREAS, the Human Resources Specialist and Selection Committee interviewed four candidates from an open solicitation as there was not an eligible listing available; and WHEREAS, the said title is currently competitive but is Pending Jurisdictional Classification for non -competitive status in all Towns and Villages; and WHEREAS, the said individuals have determined that Donald M. Beach possesses the necessary knowledge and skills to satisfactorily perform the duties of the Automotive Mechanic Assistant, and therefore, make the recommendation for appointment; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular appointment of Donald M. Beach as full time Automotive Mechanic Assistant for the Highway Department, effective April 12, 1999, and be it further TOWN BOARD PAGE 53 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED RESOLVED, this is a 40 hours a week position, at the hourly wage of $ 10. 50, which is an estimated annual salary of $21 , 840, from account number DB5130. 100, in Job Classification "F'; with full time benefits; and be it further RESOLVED, if Mr. Beach successfully completes the mandatory twenty six week probationary period there will no further action required by the Town Board. However, if the classification is determined to be competitive the incumbent will have to be one of the top three reachable candidates from the next examination for said title. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. I . Appointment Working Supervisors. Resolution No. 760) - Promotional Appointment of Working Supervisors WHEREAS, there are presently two (2) vacancies in the full time position of Working Supervisor in the Highway Department; and WHEREAS, the Human Resources Specialist and the selection committee interviewed seven candidates from the internal posting for the said positions, since said position is non-competitive and was determined to be filled on a promotional basis; and WHEREAS, those interviewing determined that Jeffrey Hulbert and Richard Tenkate possess the necessary knowledge and skills to satisfactorily perform the duties of the Working Supervisor, and therefore, make the recommendation for appointment; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular appointment of Jeffrey Hulbert and Richard Tenkate as full time Working Supervisors for the Highway Department, effective April 12, 1999; and be it further RESOLVED, this is a 40 hours a week position, at the hourly wage of $ 13. 00, which is an estimated annual salary of $27, 040, to be paid from the applicable Highway Department personnel accounts, in Job Classification "L ', with full time benefits; and be it further RESOLVED, if the said persons successfully complete the mandatory eight week probationary period there will no further action required by the Town Board. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. m. Attendance Basics in Supervision Seminar. TOWN BOARD PAGE 54 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Uesolution No. 76(m) - Attendance National Seminars Grou WHEREAS, the National Seminars Group is holding a one-day seminar entitled "BASICS OF SUPERVISION" in Ithaca, New York on April 28, 1999; and WHEREAS, this seminar will provide new ways of managing today's changing workforce, as well as how to motivate, manage and get incredible results from people and projects; and WHEREAS, Creig Hebdon, Assistant Town Engineer and Mary Bryant, Administrative Assistant wish to attend this seminar as they feel it will increase their knowledge of supervision; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and authorize the attendance of Creig Hebdon and Mary Bryant at the one-day seminar, April 28, 1999 at a cost not to exceed $300. 00, to be charged to General Fund, Engineering Training appropriation account A1440. 410. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. n . Appointment = Distribution Operator Trainee, SCLIWC. Resolution No. 76(n) - Permanent Appointment/Salary Increase for Distribution Operator Trainee WHEREAS, Christopher Laverack was appointed as a Distribution Operator Trainee by the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) on September 23, 1998; and WHEREAS, the Mr. Laverack has successfully completed the mandatory twenty six week probationary period, and WHEREAS, the SCLIWC on March 11 , 1999 approved this permanent appointment and salary increase, now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the approval of the regular permanent appointment of Christopher Laverack as a Distribution Operator Trainee for the SCLIWC effective March 23, 1999; and, be it further RESOLVED, Mr. Laverack will receive an increase in his 1999 salary of $ 1 , 000. 00 retroactively effective March 23, 1999 which increases his hourly wage from $9. 58 to $ 10. 06 per hour. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; TOWN BOARD PAGE 55 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. o. Water/Sewer Benefit Assessment Refund . Resolution No. 76(o) — Water/Sewer Benefit Assessment, Interest & Penalties Refund Town of Ithaca Tax Parcels No. 24. - 1 -25. 23 and No. 24. - 1 -25. 1 WHEREAS, the West Hill Cemetery Association requested a refund of water benefit charges and the interest and penalties on their 1999 Town and County Tax Bill on the basis that assessment units were incorrectly calculated resulting in an overcharge for units, and an erroneous charge for interest and penalties; and WHEREAS, the Town Engineer and the Town Supervisor reviewed the request for a reduction in the water benefit units and the erroneous charge for interest and penalties and determined that the correct benefit assessment units for Parcel No. 24. - 1 -25. 23 and Parcel No. 24. - 1 -25. 1 should ha ve been ( 1) one unit each ($54. 00) instead of 9. 77 units ($527. 58), and 2. 38 units ($ 128. 52) respectively; and WHEREAS, the Town Engineer, the Town Supervisor, and the Receiver of Taxes determined that the interest and penalties in the amount of $ 13. 12 should not have accrued on the said tax bills because of the incorrect benefit assessment charges; and WHEREAS, the Town Supervisor authorized payment of a refund to the West Hill Cemetery Association in the amount of $561 . 22 for the said incorrect charges upon the payment of the said tax bills in full (including the erroneous charges); now, therefore, be it RESOLVED, the governing Town Board does hereby ratify the refund payment of $561 . 22 to the West Hill Cemetery Association for the overcharge of water benefit units and interest and penalties on the referenced 1999 Town and County Tax Bills as authorized by the Town Supervisor on March 30, 1999; and, be it further RESOLVED, the Town Engineer is hereby authorized and directed to make the necessary changes on the Town of Ithaca Assessment Roll to correct the water benefit assessment charge to (1) one unit each for the referenced tax parcels. MOVED Councilwoman Harrison, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. Agenda Item No. 27 = Appointments to Local Advisory Board of Assessment Review . Supervisor Valentino - We need two board members . Councilman Conley - I am able to . TOWN BOARD PAGE 56 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouncilman Wolff - I am also able to . Resolution No. 77 - Appointment Local Advisory Board of Assessment Review WHEREAS, the Tompkins County Local Advisory Board of Assessment Review will hold their review proceedings on Tuesday, May 11 , 1999, from 3:00 o 'clock p. m. to 6.00 o 'clock p. m. , at the Tompkins County Assessment Office, 128 East Buffalo Street, Ithaca, New York, and WHEREAS, it is necessary that the Town Supervisor appoint two members of the Town Board to attend the said proceedings as Town of Ithaca representatives; now, therefore, be it RESOLVED, the Town Supervisor hereby appoints Councilman Edward Conley and Councilman John Wolff as the Town of Ithaca representatives on the Tompkins County Local Advisory Board of Assessment Review on Tuesday, May 11 , 1999; and, be it further RESOLVED, the Town Clerk is hereby authorized and directed to send a certified copy of this resolution to the Tompkins County Division of Assessment. MOVED Councilwoman Harrison, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. The Town Board took a brief recess from 10:45 p. m. until 11 :00 p. m. Agenda Item No. 28 = Reoort of Town Committees . Councilwoman Russell - We had a meeting on the temporary incinerator issue at Cornell on March 30 . The idea of moving quickly ahead on a new incinerator was slightly derailed . It was shifted over to programming study which will be done by an outside consultant . An appropriate study will figure out how they proceed forward with the interim period and what technologies they will be using . It was also disappointing to hear Chris Marcell talk about how they needed to study waste stream . It seems as though there has been no institutional memory carried over from the permit process . Councilwoman Harrison - Did they hire a waste reduction person ? Councilwoman Russell - They are hiring a bio-safety engineer to move this process forward . They do seem committed to implementing the new technologies . The progress is very slow. There is still a lot of concern from COWMAC that was at this meeting . Now that I have been at this meeting and I know what their thinking process is , I feel that I can give them the letter we talked about last time . Then they are aware of our concerns . Last month I gave the board a page from the comment final report that included the agreement on what was going to happen . They seem to feel that there was not an interim agreement . The consultant ' s report has not been looked at . The people involved are not an official committee . There has been little community input . TOWN BOARD PAGE 57 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED upervisor Valentino - We need to get the letter out . Councilwoman Russell - They have been saying this is a trust issue . I brought up the issue of the trailers in Wilson Lab that received the five year special approval permit . Then came in five years later and asked for another five years . Some of these things do tend to become permanent . Mr. Kanter - They have back tracked . Agenda Item No. 29 we Report of Town Officials . a. Town Clerk/Receiver of Taxes — See Attachment #6 b. Highway Superintendent we See Attachment #7 c. Director of Engineering on See Attachment #8 d. Director of Planning - See Attachment #9 e. Director of Building/Zoning - See Attachment # 10 f. Human Resources es See Attachment # 11 0 Mrs . Drake - The Town Board asked me to look into increasing the bonding for Mr. Carvill , Mrs . Noteboom , Supervisor Valentino , and Councilwoman Russell from $ 1 million to $3 million . It would be an additional $881 to do so . At the level we are at now it is $ 1462 for the insurance coverage that the Town has now. This includes the insurance on the employees . Attorney Barney - It averages to be an additional $200 per person . Supervisor Valentino - It is not a lot of money. We have at least that in the bank at all times . Mrs . Noteboom - I would to request the board do so because I can have that much and more in the Receivers checking account . No one co-signs the checks . It is my responsibility. Mrs . Drake - We have a new evacuation plan for Town Hall . Supervisor Valentino - We did have our first fire drill in the past few years . Resolution No. 77 - Authorization to Increase Fidelity Bonds on Certain Town Officials BE IT RESOLVED, the Human Resources Specialist is hereby authorized and directed to increase the Fidelity Bond coverage for the Town Supervisor, Deputy Town Supervisor, Budget Officer, and Town Clerk/Receiver of Taxes from $ 1 million to $3 million at a cost of $882. 00. MOVED Supervisor Valentino, SECONDED Councilman Wolff. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; TOWN BOARD PAGE 58 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED ouncilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye. Carried unanimously. g. Budget Officer - See Attachment # 12 Mr. Carvill - There have been some additions to the monthly financial report . The capital project fund shows each reserve that the Town has . It allows the board to see how much money is set aside for specific purposes or uses under resolution . I have been having meeting with Fleet bank and M &T. M &T has expressed an interested to expend their relationship with the Town of Ithaca . My reason for opening up financial avenues is that it is evident that bonding will be of question . That market place is much larger where bond rates are between 3 to 1 . 7% . 1 have already initiated relationships with M&T to do CDs . They have expressed interest in getting all our CDs . I asked how much money they had invested in the local community. Tompkins County Trust Company is 18 . 6% and our deposits are invested there . There is 11 . 1 % M &T has invested into commercial and residential mortgages . They have an equal claim commitment to the local market . I would like to expand it and we would like to open up our possibilities for CDs . Supervisor Valentino - We are authorized to have $500 , 000 in M &T. At some point we would like to ask the board to have a higher limit . We have been getting better signals from TCTC now that they see we are having investments with M &T . JAttorney Barney - Any bank is required to have collateral on any money that we put in the bank . They assign by electronic entry to your account . TCTC does it by a specified amount and they maintain an amount that we agree upon for a month . M &T does it on a daily basis and tells the custodian how much is in the account and how much collateral . TCTC does it monthly and M &T daily. Agenda Item No. 6c - Sincebaugh Proaerty. (See Attachments # 13 & # 14) Councilwoman Harrison - The recommendation of the Conservation Board is to rezone the property now into a Conservation zone . This is the recommendation that came out of the Parks & Open Space Plan , Councilman Conley - Is there any opposition ? Mr. Kanter - Possibly the land owner. Supervisor Valentino - The property is on the market for sale . The City of Ithaca is concerned about it . The City wanted us to buy the parcel . We said we would think about adding it to the Conservation Zone . Attorney Barney - The zoning change to a Conservation Zoning is a down zoning . It has a substantial impact on value . Sincebaugh gave the Town an easement for part of the Town 's recreational development . It is a matter of courtesy that the Town should consider. Agenda Item No. 6b - Interest and Penalty Refund. (See Attachment # 15) TOWN BOARD PAGE 59 APRIL 12 , 1999 APPROVED - APPROVED - APPROVED- MAY 17, 1999 - APPROVED - APPROVED - APPROVED rs . Noteboom - This is a request to have interest and penalties waived on the tax parcel . Councilman Conley - They know they own property in the Town of Ithaca . They know when the taxes are due . They need to have some responsibility. Mr. Carvill - They should not be refunded . Agenda Item No. 30 - EXECUTIVE SESSION . Motion made by Councilwoman Harrison , seconded by Councilman Wolff to enter into an Executive Session to discuss a personnel matter and receive legal advice . Carried unanimously. The Board entered Executive Session at 11 : 37 p . m . Motion made by Councilwoman Harrison , seconded by Councilwoman Grigorov to resume regular session . Carried unanimously. The Board resumed regular session at 11 : 59 p . m . Agenda Item No. 31 - ADJOURNMENT. As there was no further business to come before the Town Board , a motion was made by Councilwoman Russell , seconded by Councilman Conley to adjourn . Carried unanimously. Supervisor Valentino adjourned the meeting at 12 : 00 a . m . Respectfully submitted , Joan Lent Noteboom , Town Clerk * NEXT REGULAR MEETING - May 10 , 1999 at 5 : 30 . m . Y p " Minutes Transcribed by Carrie L . Coates . m \ N r w O m L Of (D O C U � m 07 L U > U C m C O x i tr y O (.Tib EN � a m v a '�$ m 'w [p a) 3 N rL O 5 y co w L O w /� C C C a d) (D V C r CA 30 4) L U p O FL m m `rB n m m O E vml m U C N N N c c o OU ,N 7 w i ` V O O C L (D V N w V C E a° U >o ° • N a m C maci OL E N N O C U C w G � I Q' u rJ O y L !'' N U w O N o V) m w c n o (U c Ln m rn (O •' m > 4) O m 3 C $ �E�pp 4) w �.. U) . N w � Q > � c L �' C ` m W U V U 47 1'C 49 L L N .a U m 7 1I E 7 E roq m w o L a� o (D o .a wO N E .n N m O N c 7 O O y rn v t w o 7 �. 7 > U Q 2 J3 w w 2 _ N O G) C ro al Q, E .p o 0 0 0 O C lC w 7 L Q w LL = m U ro m w O ~ L 4 U N m to N > w ro m j o 0 0 0 � m o c t c5 w > c C (p w m N E N t L N N O O N O. 'p N t .0 O O O CO L y �. ✓ O O cad V w m u u. ✓ N. w V fO L E O E C > p i5 C2 L p T _ m R�i +V7+ w . _ w C m m (n in -� y m m m <75 E w` 'O p m O 4 T .0 m m � U-O m m m m m m C .p li ro y (�• 4 m L ' N m — 1 E > 3 c 6)I o -2 v` a� d m o E o o z $ o v Z O T $ E m n m m O T O 7 r N Q h_ E i Q � v 0 Q v a z r w T C m Z (a g C N N N Q Q ` V V � V } O Q U N Q U p C v Q Q Q G U ro .% c m U m Q _ z U T O Y _uwi N O m C `y `L O Q Q cEa L ro N C� r N 4a L`i m u m E m O C L S v $ w N d to Q of N Cp w C L 01 N C ; vwi 7 y"y�� a m m d 7 O (0 c O '� C _ m N �i U' m U U J (n O] U (n z F— (n W (n V) O Q y m to 00 (D n n tD w In O O m M rn m rn rn m rn m m m m p o\i lD d co rn v\i c\D \ \ \ o v Ln C w tD N N \ N M N \ E Z r D1 _ ai r N N tD r w N V WU U L O U_ n• Aa T 77G O = C w 0 C7 Q O (D r E E (D E E y E CL E v '- o J o m q a a a > a O U O. F- m ATTACHMENT # 1 ORDINANCE AMENDING AND RESTATING ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York , and Section 1660 of the Vehicle and Traffic Law of the State of New York , the Town Board of the Town of Ithaca , Tompkins County , New York , does ordain and enact as follows : Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights . Section 2 . Superseding and Amending of Prior Ordinances . This ordinance amends and restates the Ordinance Amending and Restating Ordinance Regulating Traffic and Parking in the Town of Ithaca , adopted February 10 , 1992 , and amendments thereto and to the extent the provisions of said earlier ordinances conflict with the ordinance as set forth herein, this ordinance shall govern . Section 3 . Parking Vehicles . The parking of motor vehicles or any part thereof on the paved portion of Town highways , or upon the shoulder or upon or in any ditch adjoining said highways , is prohibited in all of the following locations : (a) On the northwest side of Burns Road from New York State Route 79 west to a point 500 feet west of the bridge over Six Mile Creek ; and on the southeast side of Burns Road from New York State Route 79 west to Coddington Road . (b) On both sides of Coddington Road from the City line to the centerline of the intersection with Rich Road extended . On the East side of Coddington Road the width of the shoulder is three feet . (c) On both sides of Crest Lane from the intersection of Crest Lane with Warren Road to a point 150 east of the centerline of Warren Road . (d) On both sides of Eastern Heights Drive from Sharlene Drive to the now or future town road running southerly from Eastern Heights Drive shown as future Nancy Street on the Town of Ithaca tax maps , during the hours of 1 a . m . to 6 a . m . daily . (e) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Forest Home Drive . (f) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with New York State Route 366 . (g) On the south side of Maple Avenue from the City of Ithaca line to the intersection with Pine Tree Road . (h) On the north and northeasterly side of Maple Avenue from the City line to a point 50 feet northwesterly of the intersection of the northeasterly line of Maple Avenue and the center line of the East Ithaca Bikeway , which Bikeway runs northerly from Maple Avenue from a point located across Maple Avenue from a point approximately 50 feet northwesterly from the north corner of the Eastlawn ATTACHMENT # 2 Traffic. or2, wp51 l ith, 04112199 12:12pm Cemetery , said Bikeway running northerly from said point across Town of Ithaca tax parcel No . 63 -2-5 and ultimately terminating at Dryden Road (said Bikeway hereinafter referred to in this Ordinance as the " East Ithaca Bikeway " ) . (i) On the northeasterly side of Maple Avenue from a point 50 feet southeasterly of the intersection of said northeasterly line with the center line of the East Ithaca Bikeway to the intersection of the north line of Maple Avenue and the west line of Pine Tree Road . (j ) For a period in excess of three hours on the northeasterly side of Maple Avenue from a point 50 feet northwest of the intersection of the northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway to a point 50 feet southeast of the intersection of said northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway . (k) On both sides of McIntyre Place . (1) On the north side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road . (m) On the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road . (n) On both sides of Penny Lane Extension west of Penny Lane , and those portions of Penny Lane west of the intersection of Penny Lane with the west line of Lois Lane - Abby Road , during the period from 11 : 00 p . m . to 6 : 00 a . m . daily from May 1 through September 30 of each year . (o) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to the intersection with Forest Home Drive (Route 392) . (p) On both sides of Pine Tree Road from Route 366 southerly to the railroad overpass . (q) On the south side of Roat Street running westerly from Blackstone Avenue to the terminus of Roat Street , during the hours of 1 a . m . to 6 a . m . daily . (r) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive during the hours of 1 a . m . to 6 a . m . daily . (s) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road . (t) On both sides of Winthrop Drive from the easterly entrance to the Northeast School parking lot northerly and westerly to the westerly entrance to the Northeast School parking lot and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection of Winthrop Drive and Brandywine Road . Section 4 . Stopping of Motor Vehicles . The stopping of motor vehicles , other than in accordance with erected traffic control devices , or as may be required by traffic conditions , is prohibited in the following locations : 2 Traffic. or2, wp511 ith, 04112199 12:12pm (a) Buttermilk Falls Road West in its entirety . (b) Buttermilk Falls Road East in its entirety . Section 5 . Stop Signs . The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A . Section 6 . Yield Signs . The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth on Schedule B . Section 7 . Penalties . (a) Any violations of sections 3 and 4 shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50 . 00 or by imprisonment for not more than 15 days or by both such fine and imprisonment . (b) Failure to observe the signs erected in accordance with Sections 5 or 6 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York . Section 8 . Authority to Impound Vehicles . (a) Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders or impairs the ability of the personnel of the Town of Ithaca , or any other governmental agency , to respond to a snowstorm , flood , fire or other occurrence to which a prompt response is necessary or desirable , may be removed by the Town of Ithaca . (b) Any vehicle found unattended on any highway within the Town of Ithaca which constitutes an obstruction to traffic may be removed by the Town of Ithaca . (c) Any vehicle parked or abandoned on any highway within the Town of Ithaca where stopping , standing or parking is prohibited , may be removed by the Town of Ithaca . Section 9 . Storage and Charges . The Town of Ithaca may store any vehicle removed pursuant to Section 9 in a suitable place at the expense of the owner . The owner , or person in charge of the vehicle , may redeem the same upon payment to the Town of Ithaca of the amount 3 Traffic. or2, ivp511 ith, 04112199 12 :12pm of all expenses actually and necessarily incurred in effecting such removal . Section 10 . Notice of Removal . The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant to Sections 8 and 9 to the County Sheriff. The Town shall also ascertain , to the extent possible , the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by snail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle . Section 11 . Review . The owner , or the person in charge , of a vehicle that has been removed pursuant to Section 8 may request a hearing to challenge the assessment of any expense imposed pursuant to Section 9 . The request for a hearing shall be in writing and shall be filed with the Town Clerk within fifteen ( 15) days of receiving notice of the removal of the vehicle . The hearing shall be held within ten ( 10) days after the request has been filed . The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor . The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by Section 8 . The sole effect of a determination that the removal of the vehicle was not authorized by Section 8 , shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage . Nothing in this ordinance is intended to affect the liability of the Town of Ithaca for any damage done to any vehicle during towing or storage . Section 12 . Effective Date . (a) This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law except those parts , if any , which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York (relating to approval of traffic control devices on state roads) . (b) Any part or parts of this ordinance which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation . 4 Traffcc. or2, ivp511ith, 0411219912:12pm SCHEDULE A On Birchwood Drive at Salem Drive On Birchwood Drive North at Salem Drive On Birchwood Drive South at Pinewood Place , westbound approach On Blackstone Avenue at Hanshaw Road (Northbound and Southbound) On Blackstone Avenue at Roat Street , northbound approach On Blackstone Avenue at Roat Street , southbound approach On Blackstone Avenue at Christopher Lane On Bluegrass Lane at Warren Road On Brandywine Drive at Christopher Lane On Briarwood Drive at Birchwood Drive On Briarwood Drive at Birchwood Drive North On old Burns Road at its southbound approach to the intersection with new Burns Road On Burns Road at Coddington Road On Chase Lane at East King Road On Christopher Circle at Warren Road On Christopher Circle (east end) at Christopher Lane On Christopher Circle (west end) at Christopher Lane On Clover Lane at its intersection with Mitchell Street On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Ext . On Crest Lane at its intersection with Warren Road On Culver Road at Bostwick Road On Culver Road at Poole Road On Deerfield Place at Salem Drive On Deerfield Place at Winston Drive On Dove Drive at its easterly intersection with Snyder Hill Road On Dove Drive at its westerly intersection with Snyder Hill Road On Drew Road at Woodgate Lane On Drew Road at Sheffield Road On Eastern Heights Drive at Sharlene Drive , westbound approach On Eastern Heights Drive at Sharlene Drive , eastbound approach On Elm Street Extension at Poole Road On Evergreen Lane at Dubois Road On Fairway Drive at Warren Road On Forest Home Drive at Caldwell Road On Forest Home Drive at Judd Falls Road , eastbound approach On Forest Home Drive at Judd Falls Road , westbound approach On Forest Home Drive at Pleasant Grove Road , westbound approach 5 Traff c. or2, wp511 ith, 04112199 12:12pm On Forest Home Drive at Warren Road , eastbound approach On Forest Home Drive at Warren Road , westbound approach On Game Farm Road at Ellis Hollow Road On Glenside Road at Coy Glen Road On Grove Road at Woolf Lane On Hackberry Lane at Coy Glen Road On Halcyon Hill at its intersection with Warren Road On Haller Blvd . at Elm Street Ext . On Harris B . Dates Drive at its intersection with Indian Creek Road On Harris B . Dates Drive at its intersection with the entrance road to Tompkins Community Hospital On the westerly extension of Harris B . Dates Drive (extending westerly to the Professional Building Drive) at its intersection with the north-south portion of Harris B . Dates Drive On Harwick Road at Honness Lane On Harwick Road at Wildflower Drive On Honness Lane at Pine Tree Road On Hopkins Road at Bundy Road On Hopkins Road at Hayts Road On Indian Creek Road at Dubois Road On John Street at Park Lane On Judd Falls Road at Campus Road , northbound approach On Judd Falls Road at Campus Road , southbound approach On Judd Falls Road at Tower Road , northbound approach On Judd Falls Road at Tower Road , southbound approach On Judd Falls Road at Arboretum Road On Juniper Drive at Coddington Road On Kay Street at Hanshaw Road On LaGrand Court at Chase Lane On Landmark Drive at Park Lane On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Lane at Texas Lane On Lisa Place at Lisa Lane On Longview Drive at Poole Road On Maple Avenue at Pine Tree Road On Maplewood Drive at Pinewood Drive On Maplewood Drive at Salem Drive On Marcy Court at Whitetail Drive On McIntyre Place at Judd Falls Road On McIntyre Place at Forest Home Drive 6 Traffic. or2, wp511ith, 0411219912:12pm On Muriel Street at Hanshaw Road On Northview Road at Coddington Road On Northview Road West at Coddington Road On Orchard Hill Road at Dubois Road On Orchard Street at Hanshaw Road On Orchard Street at Roat Street On Park Lane at Tudor Road , both approaches On Penny Lane at Abbey Road , eastbound approach On Perry Lane at Bundy Road On Pheasant Lane at Dove Drive , eastbound approach On Pheasant Lane at Dove Drive , westbound approach On Poole Road at Sheffield Road On Regency Lane at Snyder Hill Road On Renwick Heights Road at Renwick Drive On Renwick Place at its northerly intersection with East Shore Drive On Renwick Place at its southerly intersection with East Shore Drive On Rich Road at Coddington Road On Ridgecrest Road at East King Road On Roat Street at Hanshaw Road On Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On Salem Drive at Hanshaw Road On St . Catherine Circle at Blackstone Avenue On St . Catherine Circle at Siena Drive On Sanctuary Drive at Sapsucker Woods Road On Sandra Place at Winthrop Drive On Sapsucker Woods Road at Hanshaw Road On Saranac Way at its north intersection with Whitetail Drive On Saranac Way at its south intersection with Whitetail Drive On Saunders Road at East King Road On Seven Mile Drive at Bostwick Road On Simsbury Drive at Brandywine Drive On Sky-Vue Road at Snyder Hill Road On Snyder Hill Road at its intersection with Pine Tree Road On Spruce Way at Coddington Road On Stone Quarry Road at King Road West On Strawberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road On Summerhill Lane at Ellis Hollow Road On Sunnyview Lane at Terraceview Drive 7 Traffic. or2, ivp511ith, 0411219912:12pm On Sycamore Drive at Pinewood Drive On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road , northbound approach On Tareyton Drive at Rosehill Road , southbound approach On Terraceview Drive at Honness Lane On Terraceview Drive at Towerview Drive , southeastbound approach On Teton Court at Whitetail Drive On Tudor Road at Park Lane On The Byway at its easterly intersection with Forest Home Drive On The Byway at its westerly intersection with Forest Home Drive On Townline Road at Sandbank Road On Updike Road at Coddington Road On Valley View Road at Elm Street Ext , On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Ext . On Westview Road at Towerview Drive , northwestbound approach On Whitetail Drive at its intersection with East King Road On Whitetail Drive at its intersection with Troy Road On Wildflower Drive at Honness Lane On Winston Court at Salem Drive On Winston Court at Winston Drive On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the southerly end of the middle portion of Winston Court which runs north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court where the easterly end of the southerly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south On Winston Drive at Salem Drive On Winthrop Drive at Warren Road On Woodgate Lane at Poole Road On Woolf Lane at its intersection with Dubois Road On Wyckoff Road at Renwick Drive 8 Traffic. or2, wp51 I ith, 04112199 12:12pm SCHEDULE B On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive On Eastern Heights Drive at Joanne Drive On Elm Street Extension at Culver Road On Grove Place at Grove Road On the access road leading behind the Biggs Complex and Tompkins County Hospital at both of its intersections (northerly and southerly) with Harris B . Dates Drive On Hickory Place at Juniper Drive On Hickory Place at Pineview Terrace On Kendall Avenue at Pennsylvania Avenue On Landmark Drive at Eastern Heights Drive On the westerly branch of Northview Road at its southerly approach to the easterly branch of Northview Road On Orchard Street at Roat Street On Penny Lane at Abbey Road , westbound approach On Pineview Terrace at Juniper Drive On Pinewood Place at Birchwood Drive North On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sunnyhill Lane at Harwick Road 9 f OF I r TOWN OF ITHACA 4� 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 OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, ( Ithaca Journal) : PUDLIC HEARING DATE: "A LOCAL LAW PERMITTING ALL UUT SELEC-TE V OFFICERS TO RESIDE OUTSIDE THE TOWN OF ITHACA" . Location of Sign Board Used for Posting : Town Clerk's Office 126 East Seneca Street Ithaca , NY 14850 LEGAL ADVERTISEMENT: Date of Posting : Tuesday, March 23, 1999 Date of Publication : Friday, March 26 , 1999 own Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this +--.� day of AP r i I , 19qL7 . Not Public Mary J. Saxton Notary Public, State of New York Registration #01SA5044003 Qualified in Tloga Count My Commisslon Expires — 9 ATTACHMENT # 3 ocal Law Filing EW YORK STATE DEPARTMENT OF STATE g 162 WASHINGTON AVENUE , ALBANY , NY 12231 (Use this form to file a local law with the Secretary of State .) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ' �4A74XX ITHACA Townof .............................. ......... ................................................ ............. Local Law No . 5 of the year 19 99 A local law .....PERMITTING ALL BUT SELECTED OFFICERS OF THE TOWN TO RESIDE OUTSIDE THE .............................. .......:........................................ (Insert Title) TOWN OF ITtIACA ................................................... Be it enacted by the TOWN BOARD ......•........-.6....:.111..,.................. ..of the (Name of Legislative Body) Townof .............................ITHACA .................--........"..............._......._. as follows: ( SEE ATTACHED ) _ ATTACHMENT # 4 (If additional space is needed . attach oaees the same size as this sheet. and numher each _ ) LOCAL LAW NO . 5 FOR THE YEAR 1999 A LOCAL LAW PERMITTING ALL BUT SELECTED OFFICERS OF THE TOWN TO RESIDE OUTSIDE THE TOWN OF ITHACA Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Purpose . The Town of Ithaca wishes to obtain and retain the services of qualified, capable persons , some of whom who may reside outside the Town limits . The Town Board of the Town of Ithaca does not deem it necessary for certain officers of the Town to be residents of the Town . Accordingly , this local law is intended to permit the appointment to most positions in the Town of persons who may not necessarily be residents or electors of the Town of Ithaca . Section 2 . Authority . This local law is adopted pursuant to the authority contained in Section 10 1 . (i) and , to the extent this local law supersedes the Town Law , Section 10 1 . (ii) d . (3) of the Municipal Home Rule Law . Section 3 . Supersession of Town Law and Public Officers Law . This local law , to the extent inconsistent with same , shall supersede the provisions of Section 23 of the Town Law and Section 3 of the Public Officers Law , and any other provisions of the Town Law or Public Officers Law that are inconsistent with this local law and which may be superseded by local laws enacted pursuant to the Municipal Home Rule Law sections cited above . Section 4 . Notwithstanding the provisions of Section 23 of the Town Law and Section 3 of the Public Officers Law , all elective officers , all members of the Planning Board , Board of Appeals , and Assessment Review Board , the Receiver of Taxes and Assessments , the Superintendent of Highways , the Town Clerk, and the Deputy Supervisor shall be electors of the Town of Ithaca . All other town officers need not be electors of the Town , provided that such persons reside in the State of New York , Section 5 . Invalidity . In the event that any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . Section 6 . Effective Date . This law shall take effect ten days after its enactment or upon the filing of same with the Secretary of State of the State of New York , whichever is later. e ( Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable . ) 1 . ( Final adoption by local legislative body only . ) I hereby certify that the local law annexed hereto , designated as local law No . 5 of 1999 of the (Town)QWJU0p) of ITHACA was duly passed by the . TOWN BOARD on APRIL 12 19J, in accordance with the applicable provisions of law . arne of Legislative Body 2 . ( Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer' .) I hereby certify that the local law annexed hereto , designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)( not disapproved ) (repassed after Name of Legislative Body disapproval) by the and was deemed duly adopted on 19 Elective Chief Executive Officer' —' in accordance with the applicable provisions of law. (Final adoption by referendum .) ereby certify that the local law annexed hereto , designated as local law No. of 19 the (County)(City)(Town)(Village) of was duly passed by the _, and was (approved)(not disapproved )(repassed after Name of Legislative Body disapproval) by the on l9 . Such local law was Elective Chief Executive O[ficer submitted to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special )(annual) election held on 19_, in accordance with the applicable provisions of law. 4 . (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum . ) I hereby certify that the local law annexed hereto, designated as local law No . of 19 of 'the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)( not disapproved )(repassed after Name of Legislative Body disapproval ) by the Elective Chief Executive O[fic on 19 Such local law was subject to er permissive referendum and no valid petition requesting such referendum was filed as of 19_, in accordance with the applicable provisions of law. ) lective Chief Executive Officer means or includes the chief executive officer of a county elected on a tieunty - wlde basis or, if there be none , the chairman of the county legislative body, the mayor of a city or village , or the supervisor of a town where such officer is vested wlth the power to approve or veto local laivs or ordinances . s 5 . ( City local law concerning Charter revision proposed by petition . ) hereby certify that the local law annexed hereto , designated as local law No . of 19 the City of having been submitted to referendum pursuant to e provisions of section (36)(37 ) of the Municipal Home Rule Law, and having received the affirmative vote a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6 . (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto , designated as local law No. of 19 of the County of , State of New York, having been submitted to the electors at the General EIection of November 19 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification .) I further certify that I have compared the preceding local . law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk the County legislative body, City, Town or Village Clerk or officer designated by local legilsative body (Seal) Date: Certification to be executed ( by County Attorney , Corporation Counsel , Town Attorney , Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK CO VNTY of TOMPKINS I, the undersigned , hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of a ocal law annexed hereto . Sign ure ATTORNEY FOR THE TOWN T e lty of ITHACA Town Date: 06r, u g r � � RESOLUTION OF APPRECIATION TO HOLLY BEERMANN WHEREAS, Holly Beermann was appointed as a Town of Ithaca representative on the Ithaca Youth Bureau Advisory Board in 1986, and to the Joint Youth Commission in 1994 serving continuously as a member since those dates; and WHEREAS, the Joint Youth Commission, in recognition of Ms. Beermann 's abilities and knowledge, appointed her to serve as Chair continuously since 1995; and WHEREAS, Ms. Beermann has submitted her resignation as the Town of Ithaca representative on the Joint Youth Commission effective May 5, 1999; and WHEREAS, during her years of service to the Town in these capacities Ms. Beermann has demonstrated dedication to the interests of the Town, a respect and genuine concern for the youth of the Town, youth affairs and youth programming; and WHEREAS, the Town of Ithaca is indebted to Ms. Beermann for her dedicated service to the Town of Ithaca and its youth as a Joint Youth Commission member and its Chair, and as a member of the Ithaca Youth Bureau Advisory Board; and WHEREAS, the governing Town Board wishes to express its appreciation to Ms. Beermann, upon acceptance with regret, of her resignation; Now, Therefore, Be It Resolved that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and youth, accepts with regret, the resignation of Holly Beermann as a member of the Joint Youth Commission; and expresses its sincere gratitude to Ms. Beermann for her diligent and faithful service to our community. V � Supervisor Counci per on pou M er n C un ilper on ounc�lp rson ouncilpers n ' Councilperson Adopted Unanimously this 12th day of April, 1999. ATTACHMENT # 5 JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk Town Clerk/Receiver of Taxes o�� of rT Deborah A . Kelley, Deputy Town Clerk F 4y Town of Ithaca n 4� 126 E . Seneca Street 4t Y ° Ithaca, NY 14850 (607) 273- 1721 , Fax (607) 273-5854 Agenda Item No . 29 (a) TOWN CLERK' S MONTHLY REPORT MARCH 1999 Presented : Town Board Meeting , April 12 , 1999 Town Clerk : A meeting was held with Karen Coleman of the Tompkins County Youth Bureau to finalize the Youth Services Program as recommended by the Joint Youth Commission . Amendments to the budget and to the method of receipt of aid were reviewed . The Town of Ithaca will now receive state aid directly from Tompkins County rather than receiving it from the State of New York . This will enable a more efficient means of accounting for youth services expenses and revenue within the same year. The reference manual of town , county, and outside municipal boards and committees has been completed . The manual contains a complete listing of the name of the specific board or committee , name/addresses of those serving on the same , date of appointment , and term of office . A reference manual will be located at the Highway Department , in the Town Clerk' s office , and in the Planning/Engineering Department central area . Tax Collection : Second notices were sent to those property owners who had not yet paid their tax bills . We had several calls and complaints related to the fact they had not received their original tax bill in January. Most complaints were focused on the lack of the Post Office to forward mail , and the incorrect address and names provided by Tompkins County Assessment . The Town Supervisor attended the meeting of the Tompkins County Town Clerk' s Association on March 24 . The purpose of the meeting was to compile a list of concerns that the Town Clerks/Receivers had regarding the 1999 Tax Bill and how best to address those concerns with the Tompkins County Assessment Department . Supervisor Valentino asked that the list be sent to all Town Clerks/Receivers to review and edit as needed so that we can all discuss this issue at the next meeting of the Local Municipal Officers meeting on April 20 . A letter has been sent to Abbott Associates , Ithaca Elm -Maple Houses , Inc. regarding their untimely submission of "shelter rents" needed to calculate their " In Lieu of Taxes" . Interest and penalties will be assessed , as recommended by the Attorney for the Town , if the matter is not concluded in a timely manner. ATTACHMENT # 6 Town Clerk Monthly Report 4/ 12/99 Page 2 . Records Management : The Records Management Advisory Board completed the Records Management Electronic Media Systems Use Policy and User Agreement . It has been submitted to the Town Board for approval as Item 18 , on the April 12 , Town Board meeting agenda . Respectfully submitted , Sj ?,C n� oan Lent Noteboom Town Clerk/Receiver of Taxes Records Management Officer AGENDA ITEM N0 . 29a TOWN C L E RK ' S M O N T H L Y R E P O RT TOWN OF ITHACA , NEW YORK MARCH , 1999 0 THE SUPERVISOR : PAGE 1 ursuant to Section 21 , Subd I of the Town Lao , I hereby make the following statement of all fees and moneys received by me I n connection with my office during the month stated above , excepting only such fees and moneys the application and payment I which are otherwise provided for by law : 1998 SPORTING LICENSES 1999 SPORTING LICENSES 3 MARRIAGE LICENSES NO . 99007 TO 99009 26 . 25 AGRICULTURE REPORT COPY AERIAL PHOTOS MISC . COPIES 22 . 70 COMPREHENSIVE PLAN ENVIRONMENTAL REVIEW 1 MARRIAGE TRANSCRIPT 10 . 00 NOISE ORDINANCE RETURNED CHECK — CLERK RETURNED CHECK — TAXES RETURNED CHECK— W& S OPEN SPACE REPORT POSTAGE 2 SIGN ORDINANCE 6 . 00 SUBDIVISION REGULATIONS 14 TAX SEARCH 70 . 00 WATER & SEWER SEARCH 2 ZONING ORDINANCE 17 . 00 A1255 TOTAL TOWN CLERK FEES 151 . 95 A1555 104 DOG ENUMERATION @ $ 1 . 00 each 104 . 00 A1556 1 SPCA CONTRACT 484 . 60 1557 1 SPCA IMPOUND FEES 40 . 00 2530 GAMES OF CHANCE LICENSES BINGO LICENSES BINGO FEES 68 . 57 A2540 • TOTAL A2540 68 . 57 A2544 104 DOG LICENSES @ $ 2 . 00 each 208y00 Paid to Supervisor for General Fund 19057 . 12 Paid to County Treasurer for Dog Licenses 151 . 90 Paid to Ag & Markets for Dog Licenses 1 27 . 00 Paid to NYS Health Department for Marriage Licenses 33 . 75 Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements 1 , 269 . 77 APRIL 14 1999 Z . , 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 hat the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated , excepting only such Fees the application and payment of which are otherwise pro ' d for by law . Subscribed and sworn to before me this Mary J. Saxton Notary Public, State of New York Town Clerk day of r 199� Registration #01SA5044003 _ � Commission in p(oga Cou ty C j') My Commission Fri fires UA M N O O O U) O) (Ni I� O r� 00 L N O r� 00 O P� F— N 6R64360. 69 6A6fl61? 6flH) 6k6H609- 64 O O O O O O O O O Q 00 4 00 1 1 1 1 1 O f] M 00 O M Q N N 0) � O Lr) N 0) Q U J ZT O 6R 69 69? 69 69 6A Efl 69 d4 64% 161% 61% 69 0 6 1 06 i i i i i i O m Q � 6R 69 69 64 69 69 63 6A 609- 69 6f} 69 69 o 0) U O O O L 0 r U co LO O N 0) Q 0) E N 07 69 69 6F} 69 69 6A 60} 69 6R 6fl EH 6R 601> 69 0) O N O 0) O O O 0) Q LL p 1 O 1 1 1 1 1 1 1 1 1 0 O O O LL � � O { LO Y > O Ln 4) L Q U c E Q C: O — c O p 69 6> 6R 69 69 64 69 U% 69 69 6A 69 69 H U O 00 O 00 cu N co O . - C (fl 6'O LO O LO qct co 00 co U LO 6h v Ir N U Q d 64? 6A 69 6c} 69 69 61) 69 6f} 64 6f} 69 6f} U) O O O O 0 000 0 6A N v LO Eto (O O co O LO C � W Q O O 60) (09 69 E09. 69 Ef3 69 69 61> 69 69 69 69 64 O 0) Ln LO Ln LO 0) O N 6n LL 00 O V-: r Y lA 00 co to O U-) r r N_ C Q O 6R 60 69 60 69 6A 69 69 6f? 69 ER 69 69 4) N ` i (Q (CQ j L cn CD � U - 7 C L `- '` >� C T O a > U cm M LL < 0 0 Z 0 � JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk Town Clerk/Receiver of Taxes ID oFrT Deborah A. Kelley, Deputy Town Clerk ti a Town of Ithaca 126 E . Seneca Street '&jr 10 Ithaca , NY 14850 (607) 273- 1721 , Fax (607) 273-5854 Agenda No . 29 (a ) 1999 TAX COLLECTION RECEIVER OF TAXES March 1999 - Monthly Report Presented April 12 , 1999 1999 Tax Warrant - Town of Ithaca Total Town Warrant ( Levy) : $ 3 , 816 , 978 . 51 General Fund Levy - $ 904 , 636 . 00 Water Fund Levy - $ 392 , 874 . 10 Sewer Fund Levy - $ 513 , 964 . 75 Fire District Levy - $ 1 , 918 , 800 . 00 Lighting Districts Levy - $ 16 , 200 . 00 Delinquent W/S - $ 70 , 603 . 66 Total Payments for Warrant to Town of Ithaca Supervisor: $ 3 , 816 , 978 . 51 TOTAL WARRANT BALANCE DUE : $ -0- Miscellaneous Payments to Town Supervisor : 2/08/99 Receiver Checking Account - Balance Forward from 1998 collection . $ 34 . 10 2/28/98 Receiver Checking Account - Interest Jan , 662 . 48 2/ 16/99 Receiver Cert. Of Dep , Interest 31655 . 56 3/08/99 Receiver Checking Account - Interest Feb . 1 . 89 3/ 19/99 Parcel Fee , Second Installments 506 . 00 4/06/99 Receiver Checking Account - Interest March 3 . 03 Total : $ 41863 . 06 3/8/99 Int . & Penalties on Tax Bills - February : $ 11229 . 65 4/5/99 Int . & Penalties on Tax Bills - March : 11784 . 72 Total : $ 31014 . 37 Total No . of Tax Bills on Warrant: 5 , 124 Total Tax Bills Processed : 4 , 559 Receiver Monthly Report Presented 4/12/99 Page 2 . 1999 In Lieu of Taxes Due : Groff Associates , Ellis Hollow Elderly Housing $ 1 , 629 . 13 Ithaca Elm- Maple Houses , Inc. $ 2 , 681 . 05 TOTAL IN LIEU OF TAXES ESTIMATED TO BE RECEIVED : $ 4 , 310 . 18 Received : Groff Associates , Ellis Hollow Elderly Housing $291013 . 75 (Town Portion - $ 1 , 528 . 75 , School Portion - $21 , 381 . 96 , County Portion - $6103 . 04) * In Lieu of Tax Elm -Maple Houses , Inc . , is unknown until received in April/May . Payment based upon gross basic rents , calculated by HUD . Total Tompkins County Warrant: $ 4, 123 , 307 . 75 Warrant Payments to Tompkins County : 2/08/99 1St Payment - 1999 Warrant $ 8001000 . 00 2/17/99 2nd Payment - 1999 Warrant 21000 , 000 . 00 3/05/99 3rd Payment - 1999 Warrant 140 , 000 . 00 3/ 19/99 4th Payment - 1999 Warrant 10 , 000 . 00 3/31 /99 5th Payment - 1999 Warrant 65 , 000 . 00 4/6/99 6th Payment - 1999 Warrant 15 , 000 . 00 Balance Due Tompkins Co . Warrant : $ 11093530715 Misc . Payment to Tompkins County : 2/ 18/99 First Installment Services Charges $21 , 367 . 89 3/08/99 Interest Receiver Checking Acct . - Feb . 561 . 31 4/05/99 Interest Receiver Checking Acct . - March 82 . 16 TOTAL : $22 , 011 . 36 OF 1P _ - TOWN OF ITHACA LEE 126 EAST SENECA STREET , ITHACA , N . Y. 14850 TOWN CLERK 2731721 HIGHWAY 2731666 PARKS 273 8035 ENGINEERING 2731747 PLANNING 273 1747 ZONING 2731783 FAX (607) 273-1704 Memorandum DATE : April 5, 1999 TO : Joan Lent Noteboom FROM : Lisa B . Titti CC : Town Board RE : Network/Record Management reports to Town Board • Completed Inventory and Project Planning portions of Town Hall ' s Y2K computer hardware/software project. With purchase of "Norton' s 2000" utility application , have begun Remedation phase of project . • Basic file management workshop for Town Hall staff is scheduled for April 20th from 9- 12 in the Town BoardRoom . This presentation is being offered to address basic file management issues within Town Hall along with SARA guidelines for record management . Other local municipalities have been invited to attend . , • Continue meetings with staff regarding data backup and inventory of computer directories . • Weekly winner of a Snap file server ( retail value $999) through vendor sponsored questionnaire contest. Options being explored as to best use of hardware at present Town Hall location . Agenda Item 29b HIGHWAY DEPARTMENT'S MONTHLY REPORT, MARCH 1999 TOWN OF ITHACA TOWN BOARD MEETING, APRIL 12, 1999 Asian Beetle . We are hearing more about the Asian Longhorn Beetle. This beetle has entered the United States through solid wood packing materials such as pallets and crates from China . There is no effective control for this pest. Entire neighborhoods of trees have been cut down to stop its spread . If it becomes established, the U.S. D . A . says that it could be the Gypsy Moth of the 21St century — destroying our hardwoods . Removing and destroying infested trees is the only way to get rid of the beetle. The telltale signs of infestation are half-inch holes that emitted sap late in the summer. We have not heard of any infestation problems in our area . They are mainly located in areas of New York City, Long Island, New Jersey, and other entry areas around the Country . We will continue to inspect our trees for any telltale signs of infestation. Saranac Way We have started work on Saranac Way . Saranac Way is in the Deer Run area off of East King Road and Troy Road . We will be installing underground drainage via a trenching machine, taking up the current asphalt, and then replacing the asphalt. Please feel free to stop at the job site for a visit. Renwick Bridge A public meeting was held on March 23, 1999, at the Boyton Middle School . There is an attached report on the public meeting. We are currently working on a single agreement for the three entities involved in this project — Tompkins County, Town of Ithaca, and Village of Cayuga Heights . This agreement will go to the April Public Works Committee meeting, then to the Town Board meeting in May . Work for the Month • The work crews worked 162 hours of time on routine maintenance in the parks and trails . • Sixty-six hours of time was spent on word shop projects . • Snow removal for roads included 1 ,370 hours of time . Of that time, 971 . 5 hours of time was over time . Along with the roads snow removal, we worked 109 hours of time removing snow from Town trails and sidewalks . • This month the crews worked 718 hours of time on general repair work . These hours include patching roads, training sessions, etc . Although with these general repair projects we worked the following: 48 hours on sign maintenance, 88 hours on renovating the salt shed addition, and 82 hours of time hauling material for summer projects . ATTACHMENT # 7 Agenda Item 29b • We continue to build and maintain bird-nesting boxes . This month we spent 40 hours of time on building and cleaning bird-nesting boxes . • We spent 252 hours of time maintaining the Town' s fleet. • We worked 215 hours of time on sewer maintenance and blockages . • During March, the crews worked 200 hours of time on water maintenance. This time included 18 hours of over time, and there was one water break this month. • The work crews started working on the 1999 permanent improvement projects during March. They started on Saranac Way . The time spent, thus far, on Saranac Way is 96 hours . Work to be done next Month ♦ Work on Saranac Way . ♦ Start lawn repair projects. ♦ Sewer repairs including Dove Drive. ♦ Highway facility maintenance. ♦ Cleaning ditches along roadsides . ♦ Water valve maintenance. ♦ Road sign maintenance. ghk i s i SUMMARY OF PUBLIC MEETING RENWICK DRIVE OVER PLEASANT GROVE BROOK BRIDGE REPLACEMENT - PIN 3752 .31 , BIN 3314300 March 23 , 1999 ; 7 : 00 P . M. Boynton Middle School Library The meeting was conducted by John Lampman, Associate County Civil Engineer and Project Manager. Mr. Lampman introduced Town of Ithaca Supervisor, Cathy Valentino, Highway Superintendent, Fred Noteboom and Engineer, Dan Walker. Project information and written comment sheets and preliminary drawings were distributed. Copies of the Final Design Report and a geotechnical report were available for review. An attendance sheet was circulated . The current bridge was built in 1934 and has reached its expected useful life. A number of problems were cited as reasons for its replacement, including concrete deck and abutment deterioration, steel girder section loss and undermining of a metal retaining wall at its southwest corner. The proposed work includes replacement of the retaining wall . The project will be 80% funded through the Federal Highway Administration. New York State will pay 15 % . The remainder will be split by the County (4%) and the Town of Ithaca and Village of Cayuga Heights ( 1 %) . The County has hired a firm from Rochester to design the new bridge. The proposed bridge is 30 feet (9 meters) wide between railings and 72 feet (22 meters) long. This compares to the existing 25 . 5 feet ( 7 . 8 meters) width and 36 . 6 feet ( I 1 meters) length. Increased length is required to found the new bridge on competent rock. Increased width is proposed for safety reasons, such as snow plowing and room for pedestrians and bicyclists . The increased width may result in removal of a few trees, shaving back some rock outcroppings along the road and removal of a short length of chain- link fencing at the northeast corner of the bridge . The road will be closed during construction . A water main on the bridge will be replaced , but water service will not be interrupted for more than a couple hours to connect the new line . Water work is included in the federally reimbursable work . NYSEG will fund replacement of an existing gas line . Drainage improvements, new approach pavement within the work limits and installation of wide rail are also planned . Aesthetics will be very important in the new design . Stream work will be performed in compliance with Standards of Performance provided by NYSDEC . The project schedule is as follows : Final Design Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 1999 Construction Bids Received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 1999 Construction Complete . . . . . . . _ . . . . . . . October 1999 Construction is expected to take about three months . page l of 2 i Comments from the public : Coordination and communication - • Pedestrian crossing during closure - Detouring cars and bicycles won ' t be a large inconvenience, but it is a long way around for walking. A crossing out of the way of the work, perhaps at Renwick Heights Road and through the Cornell Plantations land or over other private property upstream of the bridge might be possible. • There will be many other construction traffic disruptions this summer, especially the `Lake Source Cooling' Project and bridge work planned by the city. The County should coordinate its work with these other projects . • Final plans will be available for review at the Village and Town Halls . Additional visuals may be valuable aids to understanding how the new bridge will look. • The county should anotify residents in writing of the bridge closure before it happens. Work aspects - • Bridge rail appearance is very important . Rail similar to that at The Octopus, to the current parapets or another aesthetic design would be preferred to galvanized rail. • "Rustic" guide rail , as exists at the Devon Road intersection, would be preferable to galvanized box beam rail . • Extending guide rail from the bridge as shown should not create a parking problem . • Designation of a contractor staffing/parking area on the Village side of the bridle is desired since there are no houses in that area. • Sidewalks are not favored . • Lighting is not desired if it would increase costs to the local lighting district. Town representatives said lighting at bridges and intersections are Town responsibilities . • Textured concrete on the abutments and retaining wall are a low priority since they wouldn ' t be visible to anyone from the road . The cost should be evaluated . • Large concrete pieces currently in the gorge should be removed while cranes are present . • Completion incentives or late-penalties should be used to guarantee that the bridge is closed for as short a time as possible . • Work hours will be in accordance with Town noise restrictions . Working more than S hours a day might help complete the job quicker. • Removal of the chain-link fence discussed above could create a safety hazard . The County should consider placing something there to limit access to the gorge . Other comments concerning street problems not directly related to the bridge included : accumulation of loose stone at the Wyckoff Road intersection, pavement condition on Renwick Drive and Renwick Heights Road , limbs blocking street lights, and inadequate ) drainage facilities at Devon Road and along; Renwick Drive southeast of the bridge . page 2 of 2 Town Engineer' s Report for 4/12/99 Town Board Meeting GENERAL The Town Engineer has been working with the Highway Superintendent and staff to implement the restructuring of the Highway/Parks working staff to improve delivery of high quality public works projects. This working structure will be a significant tool to enable completion of the many public works projects planned for the coming construction season. The emphasis is on teamwork and is an integral part of increasing the Town's capabilities to serve the needs of the residents. DEVELOPMENT REVIEW Sterling House and Cottage, Trumansburg Road at Bundy Road The Contractor started work on the site the week of April 5th after a winter shut down. The site erosion and sediment control elements are in good shape and the system is worked well during the winter and spring runoff occurrences. EARTH FILL PERMITS One application for an earth fill permit has been submitted to the Town Engineer by Cornell University facilities for an earth fill site for temporary storage of spoils. The application is for a volume of material less than 250 CY and the Town Engineer is processing the application. WATER PROJECTS The Town Engineer is continuing to work with the Integrated Water Supply Committee consisting of representatives of the City, the S. C.L.I. W. C. and Cornell University Utilities. Committee members representing S . C.L.I.W. C. have been working to prepare an updated Agreement for Municipal Cooperation that has been under review by the current members. Once the current commission approves the draft changes for current members, a proposal for revision to include the City and Cornell University will be prepared. Once a memorandum of understanding or an agreement has been put in place, the Development of a capital improvement plan and schedule will be finalized. The Town Engineer' s staff has been working on the development of the design and construction documents for the replacement of the Warren Road water main. The replacement proposal is to replace the water main completely and relocate it to the west side of the Right of Way outside the pavement and shoulder. This work is being coordinated with the County plans to reconstruct Warren Road in 1999 . A public information meeting to review the proposal was held March 3 , 1999 at the Northeast Elementary School, and several residents provided helpful comments. SEWER PROJECTS The Town Engineer' s staff has completed the engineering report covering the inspection and recommendations for replacement of the Warren Road sewer main. The Town Engineer' s staff has prepared plans and specifications to reline the sewer main. This work would take advantage of the County plans to reconstruct Warren Road in 1999 . The three members of the SJS are currently reviewing a proposal for utilizing excess capacity_ in the IAWWTF to accept sewage flows diverted from the Village of Cayuga Heights wastewater treatment plant. This would relieve the conditions at the VCH plant and allow additional sewage flows from the Village and Town of Lansing to be treated. A joint application for funding from the Environmental Bond Act was submitted by the SJS, Village of Cayuga Heights, the Village of Lansing and the Town of Lansing, proposing an intermunicipal solution to improving the VCH plant, the IAWWTF and various collection systems. Phosphorus reduction in the discharges from the two Waste Water Treatment Plants was a major component of the proposal . The Town Engineer and staff have completed a preliminary design of a sewer main that could serve as a transmission sewer and have been meeting with the CU LSC staff and contractor to evaluate options and develop cost estimates to incorporate the sewer into the construction process of the Lake Source Cooling pipelines. SEE ATTACHMENT # 8 TOWN ENGINEERS REPORT 4/ 12/99 PAGE 2 STORMWATER Development of the Towmvide watershed evaluation is continuing. A detailed drainage analysis for portions of Northeast Ithaca is being completed as part of the Warren Road reconstruction staff. The Town Engineers staff is working with the Tompkins County Highway Department on the watershed evaluation and drainage design. TOWNHALL The Architect is prepared to complete preparation of the final construction documents upon notification by the Town. A proposal for the design of the records management center is being prepared by the architect. A presentation of the Town Hall proposal was made to the City Landmarks Commission on April 6, and the project was approved with some minor conditions on finish and lights. The package will now be presented to the State Historic Preservation Office. The Post Office space design has not been completed and the design schedule has not been finalized. The only element that has not been agreed to by the Town is the post office entrance on Tioga Street. The Post Office Architect is working on alternatives and a meeting with the postal service and the Town is tentatively scheduled for Mid April. The original schedule is not being met and a revised schedule will be prepared. C.•I P MENGRI ERPT990AREP Agenda Item # 29 (d) Planning Director's Report for April 12, 1999 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board. March 23, 1999 Meeting: EcoVillage at Ithaca, SLUD Amendment and Second Neighborhood Group, Rachel Carson Way off Mecklenburg Road: The Planning Board accepted the Draft Scope outline for EcoVillage at Ithaca - Special Land Use District and Second Neighborhood Group regarding the preparation of a Generic Environmental Impact Statement (GEIS) for a proposed Special Land Use District (SLUD) amendment to be applied to the overall EcoVillage property, and the proposed development of a Second Neighborhood Group consisting of 30 + /- dwelling units and a common house, located off of Mecklenburg Road at Rachel Carson Way (a private drive), on Town of Ithaca Tax Parcel No's. 28-1 -26.2 and 28-1 -26.8, consisting of a total of 174.29 + /- acres. EcoVillage at Ithaca, Owner/Applicant; Rod Lambert, Agent. The Board also set a public scoping session for the April 6, 1999 Planning Board meeting to hear comments from the public regarding the scope and content of the GEIS for the EcoVillage SLUD amendment and Second Neighborhood Group. Summerhill Apartments - Phase II, Summerhill Lane: The Planning Board granted Preliminary r Site Plan Approval for the proposed construction of Phase 11 of the Summerhill Apartments, consisting of 84 apartment units, 117 parking spaces, walkways, and landscaping, located on a 6.4 + / - acre parcel on Summerhill Lane, Town of Ithaca Tax Parcel No . 62-2-1 . 127, MR Multiple Residence District. The project site contains a 0.343 + / - acre delineated wetland, which will be incorporated into a stormwater retention and drainage system. The project will also require yard variances from the Zoning Board of Appeals . Ivar Jonson, Owner/ Applicant; Lawrence P. Fabbroni, P. E. , L .S. , Agent. April 6, 1999 Meeting: EcoVillage at Ithaca, SLUD Amendment and Second Neighborhood Group, Rachel Carson Way off Mecklenburg Road: The Planning Board held the public scoping session and heard comments from the public regarding the scope and content of the Generic Environmental Impact Statement (GEIS) for the EcoVillage at Ithaca SLUD amendment and Second Neighborhood Group. The Scope outline was approved, with several modifications based on comments received at the scoping session. The next step is the preparation of the GEIS by EcoVillage. Cornell University North Campus Residential Initiative, off Pleasant Grove Road: The Planning Board heard a brief presentation by Cornell University regarding the North Campus Residential Initiative and the Draft EIS that has been submitted to the City for consideration of adequacy for distribution for public comment. SEE ATTACHMENT # 9 Ithaca College Addition to Roy H. Park School of Communications, Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a one story, 1 ,820 + / - square foot addition to the Roy H. Park School of Communications building on the Ithaca College campus . Said addition will be located on the northwest corner of the building, and will be used for the storage of audio / visual equipment and supplies. Town of Ithaca Tax Parcel No . 41 -1 -30.2, R-15 Residence District. Ithaca College, Owner / Applicant; T. G . Miller Engineers and Surveyors, and HOLT & C Architects, Agents. Burger King Restaurant at East Hill Plaza, Ellis Hollow Road: The Planning Board discussed environmental issues regarding site plan approval and special approval for the proposed construction of a Burger King restaurant and drive- through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 + / - square foot building and drive- through on a 1 . 859+ / - acre parcel, additional proposed parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No . 62-2- 1 . 22, Business "C" District. Cornell University, Owner; Rowe Restaurants, Applicant / Agent. The discussion focused in particular on whether there ; are significant historic resources on the site that would warrant an archeological survey, based tt on the presence of an old foundation remaining from a former Mitchell family residence. A public hearing to consider Preliminary Site Plan Approval will be scheduled probably for the May 4, 1999 meeting (possibly at a location other than Town Hall because of the large turnout expected) . CURRENT PLANNING DEPARTMENT PROTECTS The following are accomplishments or issues that have been dealt with over the past month. SEOR Reviews for Zoning Board:oard: Two additional SEQR reviews for the Zoning Board were done since the March report, including ( 1 ) the Ithaca College Roy H. Park School addition described above under Planning Board reviews, and (2) a fence height variance to allow a seven foot high privacy fence to remain between the front of an existing house and Route 13A / Five Mile Drive, Donn Carroll, appellent, R-30 Residence District. Codes and Ordinances Committee: The Codes and Ordinances Committee met on March 17, 1999, and reviewed the draft Zoning chapters regarding Special Regulations and General Provisions . The Committee also continued discussions regarding revision of the Zoning map. The next meeting of the Codes and Ordinances Committee is scheduled for April 28, 1999 . Proposed agenda items include review of the draft of the revised zoning chapter regarding Administration, continuation of discussion regarding possible revisions to the Zoning map, and discussion regarding the Conservation Board' s report on the South Hill Swamp area (anticipated to be ready for distribution to COC in time for the April meeting) . Northeast Subarea Transportation Study (NESTS) : The Client Committee (CC) met on March 26, 1999, and the Working Group (WG) met on March 11th, 1999 . The WG finalized their recommendations, and the consultants are preparing the final report. The WG is tentatively 2 scheduled to meet on April 29, 1999 to review the draft of the final report, and a joint CC / WG meeting is tentatively scheduled for May 6, 1999 to discuss the WG recommendations and to turn the project over to the Client Committee. Town of Ithaca - Cornell Transportation Committee: The Committee met on March 3, 1999 . Agenda items included: an update of work on implementing the Plantations Master Plan, an update on the NESTS study, follow-up on the County' s Trail / Corridor Study, discussion of Caldwell Road / Campus Road Reconstruction plans, an update on plans for Maple Avenue improvements, and a description of the TEA-21 grant application for the Wm. and Hannah Pew Trail. The next Committee meeting has been tentatively scheduled for May 26, 1999. Local Waterfront Revitalization Program (LWRP) : A public meeting has been scheduled for Saturday, May 1 , 1999, at 9: 30 a.m. at the City Youth Bureau offices off of East Shore Drive at Stewart Park. The purpose of the meeting is to inform the public about the preliminary inventory and map work done so far, to report on the issues raised at the focus group meetings held at the end of January, and to provide opportunities for early public input regarding waterfront issues and concerns. lacovelli Park: A neighborhood meeting has been scheduled for April 7, 1999, at 7:00 p. m. at the South Hill Elementary School to discuss design concepts for Vincenzo Iacovelli Park. A report is scheduled at the April 12th Town Board meeting. Purchase of Development Rights (PDR) Program: Planning staff has assembled a draft PDR program "manual," which will include recommendations for the Town Board's consideration regarding elements of a PDR program. A meeting was held with the Attorney for the Town to determine the proper legal procedures for establishing and implementing a PDR program, such as whether a local law will be required, whether / when a permissive referendum is required for funding a PDR program, sample language for conservation / agricultural easements, etc. A discussion on this subject is scheduled for the April 12th Town Board meeting. Town Hall / Post Office Plans - City Review: Plans have been submitted to both the City Landmarks Preservation Commission (LPC) and the Planning and Development Board for advisory review. Review dates have been scheduled for April 6, 1999 (Landmarks) and April 27, 1999 (Planning and Development) . Plans are also in the process of being assembled for submission to the NYS Historic Preservation Office for the required state review. Representatives from the Town and HOLT & C Architects presented the Town Hall / Post Office plans at the April 6th LPC meeting. The LPC approved the plans and issued a Certificate of Appropriateness, conditioned upon submitting additional details regarding railings at the relocated stairway and new handicap ramp, concrete surface treatment of the ramp, new lighting fixtures, window trim, and new door at the Buffalo Street entrance. Capital Projects Planning Committee: The Committee met on March 18th and made significant progress regarding organization of the Committee and its purpose and goals . A first necessary step will be the preparation / coordination of a facilities inventory (to be coordinated by the Budget Officer) . The Director of Planning will be the "secretary" to the Committee and assist with coordination, agendas, meeting summaries and general organization . It was agreed that 3 meetings would normally be held on the first Wednesday of each month at 9 :00 a . m . Samples of capital improvement programs /capital budgets from comparable municipalities around New York will be collected for review. It was agreed that it will take several years to have a full capital improvement program in place, but the goal of the Committee is to get the organizational work underway this year, and at the same time prepare an initial capital budget proposal for the Town Board' s consideration in conjunction with the preparation of the 2000 Budget proposal. The next regular meeting of the Committee is tentatively scheduled on May 5, 1999, perhaps with a Department Head meeting before that to coordinate work for that meeting. TEA-21 Grant Application Wm. & Hannah Pew Trail: The deadline for TEA-21 Enhancement applications has been extended to July 1 , 1999. Staff will continue preparing the application for the William and Hannah Pew Trail, but the pressure is off for now. Newsletter: The Spring 1999 issue of the Newsletter was completed, printed and mailed. Another fine job coordinated by Sue Ritter with the help of the entire Town staff. Filename: 17plan\ townbd \ tpreO499.mem 4 _ems. Agenda #29e. TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF MARCH 1999 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1999 0 0 0 0 RESIDENCES 1998 0 0 0 0 SINGLE FAMILY DETACHED 1999 1 60,000 2 90,000 RESIDENCES 1998 3 195,000 6 410,000 1999 0 0 0 0 TWO FAMILY RESIDENCES 1998 0 0 0 0 1999 2 78,500 5 140,500 RENOVATIONS 1998 2 126,000 2 126,000 1999 0 0 0 0 CONVERSIONS OF USE 1998 0 0 1 800 1999 0 0 0 0 ADDITIONS TO FOOTPRINT 1998 1 153000 I 15,000 1999 0 0 1 1 ,500 MULTIPLE RESIDENCES 1998 0 0 0 0 1999 1 La Tourelle convert building to single guest room 3 ,000 3 8713804 BUSINESS 1998 2 7,050 3 1071050 1999 0 0 0 0 AGRICULTURAL 1998 0 0 0 0 1999 0 0 0 0 INDUSTRIAL 1998 0 0 0 0 1999 1 CU renovate Controller's office 61870 2 226,870 EDUCATIONAL 1998 1 50,000 2 619,500 1 Repair outside deck 275 1 Wheelchair ramp 11920 1 32' x 24' garage 1900 1 Demolish house 3 ,000 MISCELLANEOUS 1999 4 24, 195 6 255645 CONSTRUCTION 1998 1 1 91997 9 80,545 TOTAL NUMBER OF 1999 9 172,565 19 1 ,356,319 PERMITS ISSUED 1998 10 403,047 24 058,895 TOTAL FEES 1999 9 460 19 2,590 RECEIVED 11998 10 815 24 22400 Date Prepared: April 8, 1999 Dani L. Holford Building/Zoning Department Secretary SEE ATTACHMENT 10 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 12 1 . 1341 Mecklenburg Road - new single-family dwelling. 2. 1341 Mecklenburg Road - detached garage. 3 . 102 West Haven Road - wheelchair lift, alter stairway, wheelchair ramp. 4. 218 Bundy Road - 12' x 34' covered porch. 5. 1353 Slaterville Road - repair damage to basement/cellar and first floor caused by fire. 6. 114 Salem Drive - renovate existing basement apartment. 7. Danby Road (IC) - addition to educational building (James J. Whalen Center for Music) - temporary. 8 . 341 Pine Tree Road (CU) - office renovation. 9. 7 Sanctuary Drive - new two-family dwelling. 10. 301 Sheffield Road - outdoor wheelchair ramp. 11 . 906 Danby Road - handicapped access improvements and renovations. 12. 950 Danby Road - 9' x 16' concrete pad. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1999 - 38 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1998 - 29 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 4 1 . 1141 Trumansburg Road - building code - abated 2. 891 Taughannock Boulevard - building code - abated. 3 . 222 Sapsucker Woods Road - property maintenance - abated. 4. 123 Honness Lane - zoningloccupancy - pending. From February 1999: 1 . 922 East Shore Drive - building code/zoning - pending. 2. 11 Hillcrest Drive - building code - pending. From January 1999: 1 . 116 Woolf Lane - building code/zoning/occupancy - pending. From December 1998 : 1 . 1020 Danby Road - building code/zoning/occupancy - pending. . From November 1998 : 1 . 244 Bundy Road - building code - pending. From Mav 1998 : 1 . 339 Stone Quarry Road - building code & unsafe vacant building - pending. 2. 155 West Haven Road - building code - pending. 3. 220 Haller Boulevard - building code - pending. From April 1998 : 1 . (Therm) 703 Hudson Street Extension - noise - pending anticipated 1/99 resolution. From March 1998: 1 . 124 Haller Boulevard - building code (illegal apartment) - pending. (apartment occupied by family member) 3 I IFebrua 1998 : 3 Coddington Road - building code (illegal apartment) - pending. (apartment vacant) I Elmira Road - building code (illegal apartment) - pending. (apartment vacant) From January 1998 : 1 . 110 Winston Drive - building code (illegal apartment) - pending. (building vacant) From October 1997: 1 . 1447 Trumansburg Road - building code and zoning violation (illegal apartment) - pending. (apartment vacant) From September 1997: 1 . 119 Woolf Lane - building code - pending. From May 1995: 1 . 1152 Danby Road - zoning and building code - pending legal action. TOTAL-COMPLAINTS INVESTIGATED YEAR TO DATE, 1999 - 10 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1998 - 15 TOTAL FIELD VISITS THIS MONTH - 65 Uniform Building Code - 38 Local Law and Zoning Inspections - 9 le afety - 8 ( 1 motel, 7 multiple dwellings, [18 buildings]) afety Reinspections - 6 (2 day care, 2 businesses, 1 restaurant, I apartment) mergency Occurrences - 3 (3 houses [electrical, dryer, stove]) ccurrence Reinspections - I TOTAL FIELD VISITS YEAR TO DATE, 1999 - 235 TOTAL FIELD VISITS YEAR TO DATE, 1998 - 217 TOTAL SIGN PERMITS THIS MONTH - (Wonderland Motel, 3-11SBC Bank [Marine Midland]) - 4 TOTAL SIGN PERMITS YEAR TO DATE, 1999 - 4 TOTAL SIGN PERMITS YEAR TO DATE, 1998 - 3 ZONING BOARD OF APPEALS 1 MEETING, 3 CASES, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 10 , 1999 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, March 10, 1999 , 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 the Wonderland Motel, Harry Patel Owner, Joanne Austin, Agent, requesting a variance under Section 8 . 05 -3 of the Town of Ithaca Sign Law in order to change a cc ��N � preexisting nonconforming sign at the Wonderland Motel, located at 654 Elmira Road, Town of Ithaca Tax Parcel No . 33 - 3 -6, Business District C . A new sign panel of 78 square feet is proposed, whereas 50 square feet is allowed. APPEAL of Cornell University, Appellant, Kim Martinson, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted - to rebuild and reconstruct a section of Campus Road between Tower and- Gz c <�% Caldwell Roads off of Dryden Road, Town of Ithaca Tax Parcel No . 63 - 1 -2 . 2 , - 12 , -3 . 1 , -3 . 39 67- 1 - 10 .2, and - 10 . 6, Residence District R-30 . APPEAL of Cornell University, Appellant, Robert Blakeney, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 8 , 325 ± square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road, Town of Ithaca Tax Parcel No . 60- 1 -8 .2 , and -9. 19 Residence District R-30 . Said Zoning Board of Appeals will at said time, 7 :oa 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 : March 3 , 1999 Published : March 5 , 1999 Q 00 N 00 'V M V O O O x o 0 u O O O O C z O Y . O O O C O O O O �: T J :. o C> o o W� vi on Y Z r N N N Y Z Imco rq o �O to M ` f 0*4 k! \ O s s p o 0 0 o A q o 0 0 ® C G opo o N h i kn O Y G N Town Board Meeting 4/12/99 Agenda Item No . 29 ( f ) Human Resources Specialist Report for March 1999 • Interviewed candidates for the part time typist position for the Town Justices ' Department . The candidate started March 15 , 1999 as the Court Clerk needed assistance immediately and the candidate was available . The new part time Typist is also a part time Enfield Deputy Town Clerk. • Interviewed candidates for the Senior Typist position for the Engineering and Planning Departments . Candidate chosen will start April 12 , 1999 and has been working at the Tompkins County Health Department for twelve years as an Account Clerk Typist . The Department Heads would like to start cross training this individual immediately in the Building and Zoning , Engineering and Planning . Starting cross training early will help with staffing transition after we move to the new Town Hall . • Interviewed candidates for the Planner position . Jonathan and I are in the process of finalizing our recommendation for this position . In any case , the incumbent would not be able to start until mid May or early June . In the meantime Christine Lehman is continuing to work part time to help keep the departmental work from falling behind . • Interviewed candidates for the Automotive Mechanic Assistant position . The Candidate chosen will start April 12 , 1999 , and has been working for Maguire Chevrolet for the past seven years as a mechanic . • Interviewed seven employees from the Highway Department who applied for the Working Supervisor promotional position . The two employees chosen are currently Motor Equipment Operators who have worked as needed in this capacity several times over the last year. This promotion will be effective April 12 , 1999 . • Attended the organizational meeting of the Labor Committee for the Integrated Water System Committee . The consensus was to begin comparing all job descriptions , benefits and wage rates for those affected positions . • March 30th , attended the second day of the Human Resource Institute at Cornell University . The sessions attended were : Constructive Feedback and the Staff Development Process ; Applying Emotional Intelligence in the Workplace ; Teamwork and Teambuilding ; and Developing a Personal Mission Statement . The main focus this year was on employee accountability and building team strength . SEE ATTACHMENT 411 • March 31 st , attended conference on "The Coverage of Commercial Property Risks " at TCCC Ithaca Extension Center. I learned more in-depth knowledge about Commercial Inland Marine and Commercial Property insurance coverage . • The Safety Committee finalized the Town Hall and Highway Evacuation Plans , and made recommendations about the Town Hall evacuation maps . The Highway maps will be worked on by Gail Kroll and put up when completed . Town Hall had their first unplanned fire drill in several years . The Safety Committee is scheduling a " Right To Know" meeting for early May in Town Hall . This meeting will cover Material Safety Data Sheets , the Fire Evacuation Plan and there will be a scheduled fire drill . The committee recommends scheduling at least 2 surprise fire drills a year. The Ithaca Fire Department would like to participate with us during these drills so that they can give feedback on how well the plan works . They would also like to help guide us in our development of the evacuation plan for the new Town Hall . • Completed day to day operations of the Personnel Office . Respectfully Submitted By : Judith Drake Human Resources Specialist April 6 , 1999 TOWN OF ITHACA FINANCIAL REPORTING MONTH ENDING MARCH 31 , 1999 REPORTS FINANCES SUMMARIZED BY FUND INVESTMENT REPORT BY FUND SUMMARY OF YEAR-TO-DATE INTEREST EARNINGS PROJECTED INTEREST EARNINGS REVIEW OF BANK COLLATERAL SEE ATTACHMENT # 12 T r� qT oo Lo co oo N x` 000 O MME 0 lA tC30 LO LO M MU) O T qT O It 0) LO (Dqt*m T 0r 00 r O 000 O to O r�: Nql;f 10 q CO (6 0 O0 O' NV-: In M It qlf LLB (D N `7 CD M qcT 0 V C4 M N 00 r 0 CO T (!$' f` M0 Ctn CONIn rCO M 00N 00 0 T T T T T r N 69 69 69 C' O LO o o (D M r) o OR (D O M O N 00 O I� N LO N CO N h en V (D qq N � (D 0 r O tnMN M (D tnrM 00 T MOe- N O O W M CO to 00 T t� O CO (D M C6 CS � I T O N w In M r 6 O lit 0 In O 0 to M CO T 0 0 In 1� COr� T M (D 0MtO N1� (D r� M 0 O 0 , 69 69 69 69 69 6R 69 69 Z o �T OR OM COL ' CC) t` ' (� _ O T CO (D ty' LO M r CO f`' 'qr r CO r)' N O V lL > r LC) LO 0 O t~ r (D t` N N LO r� M (D M Ir Q Q 0006 Nt` MTN M (4 CO Oro t7 NM0 CNr� M NT D) O M CMt� 174M v M= V , M N 0 ePeYO NIA TN (N r^ V T T T T E W z Z LL 0. p 69 69 69 69 69 69 69 69 OXz LLJ W MD) cf *NR 6R ror ° ° 0 z (O rn (D � (D 00 0 (n o o °r�6 rn � T- 00 � J 0000 M (D 0 `q Mt 0r 00to co LO dQ �: 00 � rM q1t Lo 0V--� l ) 06 0q:T n 0 O tirto N COMM D) 0 to r0 I* c0 0 w w (4 (D 0 ti N LO N r` N N �mw cs a w IMEM w w c9 a H69 69 EA 69 69 6'3 69 z w Oco oo LO (D to CO ' 0 LU 0 O LO 00 � LO LO M 00 LO N CO O 00 to N O O O 0 JQ 4T (D 00 0vLO 00 O ANN O LU N1� �v �D) O 000 DO O 1� etCD O 0 Lj, LO O 00 t!) t� f` C7 (D O (D O W 0 w M r N 00 r In Co T N 1� 00 T M (D T to rz T T T T T r T V 69 69 b9 69 69 69 6F). 69 U GQO 0 w 0 (/� 0 0 0 U) 2 M T <Y J M Z z � � U Q rn W _ M d ? Q w ' Z m Q � j wwwpc( efioj zz (� CJ w �° zw oo R > m zz � � @) uZia ¢ z LU W z wi (6Zz � a Ww cr Z Q > aC) co V W z �j < . � W � < � dW W Z H wwz O2 w or�- W ww 0E- w w z � ¢ ow wo v Q z m < 0 oa° mQO> o o m < J 0w U z 00 00 (D 0 O O O O r U J a a a Q Efr EH Efa EA Err c a° c a° N 00 0 0 O p } O O O O U o j W r 4 � Efl 69 Eta 69 Efa 69 69 co C V o Ne to V r of oe CD �7 O O O LO (D 0 c0 N r 41T t� LO LO CO (0 ef' Lo LO O W O N (D 0) W 0 0) O LO (N 0) c0 (Y) LO 00 C6 CO C0 C7 r� Ln (0 Ch ti O r%: W � � <0 ° M o) mmeD WC M (D m W TOW r Z EA 69 69 69 69 69 69 69 em = v u' OR a W ( o0Ln cir) 0ON SR n LO � m m VW a N N 0 0 N U) (D v Ln LO N Lt) N N Z V T. CD O CD 14 � 00 s- Cr0 d eN- CN _ Z _ N t` F w Q _2 tL ®v w J 0 X Z Eta 69 69 64 69 Era 69 69 W W Z r� CN o�° 3° 000 3°� 3° I� N 0 ' O (0 O Z N LO t� O d O Ln U) O O In Lo 00 O O 'H 0 v (D t� (35 O c0 O r` 00 O (D O (D Ln O W H (fl O 0) ' Ln (fl CA (D C N O (e6 C0 F- } W V Ln V n co CC) d LO r NT co P� (D W 00 CAqqrq' Nr� 0 d d W LL r V-: O r r r r r LF' w zO a Ei9 69 69 Eta 69 4fa 69 69 LL O O r SR SR O of co O q C0 00 O > Z O Ch (0 (D LC) O 0) O 00 N 0) CO 0) Cf) C7 O W 0 N LO (0 L6 Ch O r O qq LO O LO r ct O YH to 4q O V N N 00 l� N N W rn IBM W 69 69 64 Efa 69 69 69 69 U 0) Q 0) (n f r r Z a U � C W uj M CO uj O IMM � W m Q U w r U z s`- � J a � ^ °w a w w � Lot o af U w W W �4c wW ow °z °o °Q° z z � v� � = W o WJz zQ W � � WX Wj z < w X0 m V � 0 (� � af Qz (� Da axZ ? U a W Z eC (p > I- W W � 0 ►- W W C7 Q V Q Z m Q 0 %m Q 0 % m W W U 0coc*) r 00 m cr) r 0 t4 0tty coo 0 v v 0 c ) a Lo Lo O° 00 LO L°O LLOO M 4 T O U 6R 69 (1) cfl 64 (fl W cf) 00 3° c3° r0co 89 Se O O 0 V d OO OO cc) (0 cflqq r O r w to d LO LO 0 0 c7 T N r}' LO co LO r O CO L w O ° Co m LO O 0 LO id) � O r cor > U U6 617t 693� 69 w 60 mom ) ti rn °� � oo 0) 0) oo V rn o Z 0 0 O O N N O O c7 0 N N O R O O O O O O 0 0 M O r f7 = N N O N N O 00 � N LO UD ur T r r r r W p a W S J LO LO w oe SR N r c0 m 0 m co O ° 00 ° co m co ° � (� at �_ �, 00 0 ° 0000 0 o LO LO o _ � � o- Lvv °0 ° oo LNO LO � F^— W W U N r 0.C) X zz a Ww Q z osac Eq 69 69 F^ Cc } �, co co SRO Se 8° 3° co co c0 co 0 w o r r O O 00 O r N N O r r 00 00 00 0 r O r 0 Z > C O ° O O 00 co r UJ OL U) w cr w W EA cA cA fQ9 69 69 69 cfl 0) 0) 0 0 1 0 0 N 0) I r r O o ° 0 0 0 o m o v v o co CO o ° o o LO tO m m = r N N N 'a m W 0 z 0 W P) °) Z �r' U Z m M J w w 0) Z Z O W W m W @� Cf) o w � � oo m Q D � m U za ¢ z xx w z Q) z wwa W ad z za WZ z_ Q w aU m U zo w w Q ? d W Z H w 2 w Qz O z z U Uj z V > 0 W tll � U > w = D U >0 W w 0 Q w z ¢ z m ¢ O � SR m ¢ O ?p NQ m ¢ W w U TOWN OF ITHACA INVESTMENT .REPORT BY FUND FOR THE MONTH ENDING MARCH 31 , 1999 ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS) RATE DATE PRINCIPAL EARNINGS GENERAL FUND 12111198 189 435% 6/18199 21 ,600 539 2/18/99 53 413% 4112/99 500,000 37482 3115/99 28 4.80% 4/12199 177, 000 661 3115199 56 4.80% 5/10/99 21 ,000 157 3124/99 47 4.82% 5/10199 8801000 51538 TOTAL $ 19599,600 $ 10 ,376 WATER FUND 3115/99 28 4.80% 4/12/99 8901000 31323 3/26/99 73 412% 617199 1609000 1 ,531 TOTAL $ 11050,000 $ 41854 SEWER FUND 12/17/98 172 4.85% 617199 100,000 . 27317 3115199 28 4080% 4112/99 116501000 67160 3126199 73 412% 617/99 164,000 19570 TOTAL $ 19914,000 $ 10 , 047 CAPITAL PROJECT FUND = BUILDING RESERVE 212199 97 413% 5/10199 2029000 21574 3/24/99 47 4.82% 5110199 _ 63,000 396 TOTAL $ 265,000 $ 21971 CAPITAL PROJECT FUND = HIGHWAY EQUIPMENT RESERVE 12111 /98 189 4 .75% 6118199 75 ,900 11893 3/15199 56 4980% 5/10/99 99000 67 TOTAL $ 84,900 $ 67 CAPITAL PROJECT FUND - OPEN SPACE PLAN RESERVE 3115199 56 4.80% 5110199 53,000 396 TOTAL $ 53,000 $ 396 Page 1 of 2 TOWN OF ITHACA INVESTMENT REPORT BY FUND FOR THE MONTH ENDING MARCH 31 , 1999 ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS) RATE DATE PRINCIPAL EARNINGS CAPITAL PROJECT FUND = TOWN HALL 214/99 (A) 67 435% 4/12/99 500,000 49420 2118/99 81 4.76% 5110199 650 ,000 67962 3115199 56 4.80% 5/10/99 48,000 358 3124199 47 4.82% 5110199 455,000 27863 TOTAL $ 17653,000 $ 14 ,603 CAPITAL PROJECT FUND = VINCENZO IACOVELLI NEIGHBORHOOD PARK 3115/99 56 4.80% 5110/99 $ 80,000 $ 597 RISK RETENTION FUND 3/15199 56 4 .80% 5110/99 $ 56,000 $ 418 FIRE PROTECTION FUND 12/11 /98 189 415% 6118/99 $ 12,000 $ 299 2/18/99 214 415% 9/20199 169,000 41772 3/10/99 47 4 .80% 4/26199 466,000 29920 3110199 100 4.80% 6118199 543,000 71240 3110199 194 4.80% 9120199 264,000 69829 3124199 47 4.82% 5/10/99 14, 000 88 TOTAL $ 11468,000 $ 22, 148 DEBT SERVICE FUND 12111198 189 415% 6118199 $ 79500 $ 187 TOTAL INVESTED PRINCIPAL @3/31199 $ 71043, 100 TOTAL ESTIMATED INTEREST EARNINGS @3/31 /99 $ 699079 NOTE A: THIS "CD" IS INVESTED AT M & T BANK, ITHACA Page 2 of 2 TOWN OF ITHACA CASH SUMMARY OF SAVINGS and CHECKING FOR THE MONTH ENDING MARCH 31 , 1999 FUND AMOUNT GENERAL - OPERATING $ 116, 709 GENERAL - HIGHWAY 84 GENERAL - KENDALL RESERVE 39 GENERAL PART-TOWN - OPERATING 889579 GENERAL PART-TOWN , REVIEW FUNDS 119162 HIGHWAY - OPERATING 234,307 WATER 91 ,018 SEWER 64,543 CAPITAL PROJECT BUILDING RESERVE 2659417 CAPITAL PROJECT HIGHWAY EQUIPM'T RESERVE 126 CAPITAL PROJECT OPEN SPACE PLAN RESERVE 566 CAPITAL PROJECT TOWN HALL 1 ,296 CAPITAL PROJECT HWY STORAGE SHED CLOSED CAPITAL PROJECT IACOVELLI NEIGHBORHOOD PK 803 RISK RETENTION 21438 FIRE PROTECTION 506 FOREST HOME LIGHTING DISTRICT 1 ,976 GLENSIDE LIGHTING DISTRICT 825 RENWICK HEIGHTS LIGHTING DISTRICT 11112 EASTWOOD COMMONS LIGHTING DISTRICT 11776 CLOVER LANE LIGHTING DISTRICT 428 WINNER'S CIRCLE LIGHTING DISTRICT 782 BURLEIGH DRIVE LIGHTING DISTRICT 805 WEST HAVEN RD LIGHTING DISTRICT 2,825 CODDINGTON RD LIGHTING DISTRICT 11702 TRUST & AGENCY - PAYROLL 919376 TRUST & AGENCY - JUSTICE FUNDS 159406 DEBT SERVICE 356 TOTAL $ 996,963 Pagel TOWN OF ITHACA SUMMARY OF INTEREST EARNINGS FOR THE PERIOD ENDING MARCH 31 , 1999 FUND EARNINGS GENERAL $ 179527 GENERAL = KENDALL RESERVE 17 GENERAL PART-TOWN 11501 HIGHWAY 1 , 757 WATER 7, 934 SEWER 15, 208 CAPITAL PROJECT - BUILDING RESERVE 8, 090 CAPITAL PROJECT - HIGHWAY EQUIPM'T RESERVE 118 CAPITAL PROJECT - OPEN SPAC PLAN RESERVE 665 CAPITAL PROJECT - TOWN HALL RENOVATION & CONSTR 2% 978 CAPITAL PROJECT - HWY STORAGE SHED 509 CAPITAL PROJECT - IACOVELLI PARK 437 RISK RETENTION 539 FIRE PROTECTION 91452 COMBINED LIGHTING DISTRICTS 53 DEBT SERVICE 9 TOTAL YEAR TO DATE EARNINGS $ 84, 793 BUDGETED 1999 1489400 EARNINGS OVER (UNDER) BUDGET $ (630607) PERCENT OF BUDGET EARNED 57% Page 1 TOWN OF ITHACA PROJECTED INTEREST EARNINGS FOR THE YEAR ENDING MARCH 31 , 1999 DESCRIPTION EARNINGS TOTAL YEAR TO DATE EARNINGS AS OF 3131199 $ 849793 ADD: INTEREST TO BE EARNED FROM OIS CD' s 69,079 TOTAL PROJECTED EARNINGS $ 153,872 LESS: BUDGETED 1999 EARNINGS 148,400 EARNINGS OVER (UNDER) BUDGET $ 5,472 PERCENT OF EXCESS TO BUDGET 4% Page 1 w TOWN OF ITHACA REVIEW OF BANK COLLATERAL AS OF MARCH 31 , 1999 SAVINGS and CHECKING $ 996,963 INVESTMENTS 7,043, 100 TOTAL CASH ON DEPOSIT $ 8,0401063 FDIC INSURANCE 200,000 FMV COLLATERAL ON DEPOSIT (A) 9,282,239 OVER ( UNDER) COLLATERALIZED $ 1 ,442, 176 (A) BANK COLLATERAL SECURING ALL CASH DEPOSITS AND INVESTMENTS HELD AT TOMPKINS COUNTY TRUST COMPANY AND M & T BANK IS HELD IN AN ACCOUNT AT THE DEPOSITORY IN THE SOLE NAME OF THE TOWN OF ITHACA, NOT STREET NAME. Pagel Benda # 6 G MEMORANDUM TOO Town Board Members FROM : Susan Ritter, Environmental Planner 5 ' z . DATE : April 5 , 1999 RE : Conservation Board Resolution — Recommendation to Re-zone Tax Parcel No . 53 - 1 - 13 (Sincebaugh Property) The Town of Ithaca Conservation Board, at its April 1 , 1999 meeting, adopted a resolution that recommends the re-zoning of the Sincebaugh property (Tax Parcel No . 53 - 1 - 13 ) from R-30 zoning to Conservation District zoning . In their resolution the Conservation Board requests the Town Board to take up this matter of rezoning at its earliest possible convenience . This resolution is attached. i SEE ATTACHMENT # 13 ADOPTED RESOLUTION . Recommendation to Re-zone Tax Parcel No. 534 - 13 (" Sincebaugh" Property) Town of Ithaca Conservation Board April 1 , 1999 MOTION by Jonathan Meigs, seconded by John Yntema: Whereas , Town of Ithaca Tax Parcel No. 53 - 1 - 13 , comprised of approximately 40 acres and also known as the " Sincebaugh" parcel, lies within the Six Mile Creek Valley , adjacent to the lands of the City of Ithaca Six Mile Creek Watershed Area and the City of Ithaca Mulholland Wildflower Preserve , and Whereas, said parcel contains within its boundaries slopes in excess of 25 percent, two streams within deep ravines, both of which are tributaries of Six Mile Creek and one of which flows directly into the City ' s Lower Reservoir, and Whereas, approximately one-half of said parcel of land is zoned Residence District R- 30 , with the remainder zoned Conservation District-CD, and Whereas, under existing zoning there exists the potential for the creation of up to 25 new house lots on the property, with attendant streets , water and sewer infrastructure, and their associated potentially adverse environmental impacts, and Whereas, the development of up to 25 house lots could require the Town of Ithaca South Hill Recreation Way to be crossed by new streets in two locations, which could diminish the utility of the Recreation Way and its enjoyment by the public, and Whereas, because of various natural constraints to environmentally sound development of the parcel, including but not limited to steep slopes, woodland, and stream corridors, the Town of Ithaca Conservation Advisory Council in November 1990 recommended in its report, "Six Mile Creek: A Heritage to Preserve ," that Conservation District-CD zoning be applied to all the parcel , and Whereas, the Town of Ithaca Park, Recreation and Open Space Plan, adopted by resolution of the Town Board on December 8 , 1997, reiterates the recommendation of the "Six Mile Creek : A Heritage to Preserve" report that Conservation District-CD zoning be applied to all the parcel, and Whereas, in addition to the recommendation regarding rezoning the parcel, said Park, Recreation and Open Space Plan further recognizes the ecological importance and environmental sensitivity of the site by recommending that the parcel be included in a Town of Ithaca purchase of development rights program in order to permanently protect it from development, and 'v Whereas, with Conservation District-CD zoning the owner or owners of said parcel - would be allowed to create up to seven house lots through cluster subdivision design and in a manner that minimizes infrastructure improvements and any potentially adverse environmental impacts of such development, and Whereas, under local real estate market conditions such development of the property would ensure the opportunity for a reasonable economic return on investment to the owner or owners ; Now Therefore Be It Resolved that the Conservation Board requests that the Town Board at its April 12 , 1999 meeting or soon thereafter take up the matter of rezoning to CD-Conservation District that portion of Tax parcel No . 53 - 1 - 13 currently zoned Residence District R-30, specifically by : 1 . Setting a date for a public hearing on the matter, and 2 . Directing the Town Attorney to prepare a draft of the Local Law necessary to implement said rezoning, and 3 . Directing the Director of Planning to prepare an environmental assessment, with recommendation, for consideration by the Town Board as required by the State Environmental Quality Review Act. 1 {'S AYES — deProsse, Hoffmann, Kriksunov, Meigs, Wolfson, Yntema { NAYS — None The MOTION was declared to be carried unanimously. Resolution No . 1 - 1999 2 1i� ♦'Pn)Fa441'ri. z•" R••fF'9t{r! T' a- m, sn 'rs a«�J-. v- -< r.� . . r.:• r rotor _ j}!xunArttYt l s{'fynt� 21- { " �•i kid . "� t t o t� t '_ f I. IF r't i"> } � rb, , Pt r r ' , 1' I t ' n 4 ',oil y.Jy _ � 1 IY I ty'i`Arlo- 34, a ±'S' G.2 fb14r f .+' , r 5 t .` , i •. 1 r J. , r } , N IF IN 11 1 rotor I IN JT Pc�t�'fiv�Y 1�1V lrr , 1 A : , .� T I _r IF Pro ill orr yft t8. 5r . f.r v [ u; . r�} � t,�:r/�r ,;4 _ oinger Lakes Land : Trust #n , Vt„ .j r71rar-K,.1 iw ' + +. . � ' s. r 4 ,vs ! r 1. Vid.r} , a( RW'r x ,y,i , ►-1 - 202 East Court t e „ ' S r et;:o6 1 J° Ithaca New York 14850 IF r 1 I 'Pop I do of Plot� y� (607) 275 9487 r 1L, d t . . t , � ':, r � f r'. t i t r P, L I r � 'x � a, •1 7•rrjr'y,, ,� _ , f i t °rPora[cd � ' - _+ - - . ..working to protect the natural .integrity ;o the Ftn er " Lakes Re ton s '✓:rr, �,J t' , r r , � p l x R g +t� ¢t,it>('"'.. .Ylw•A1Jkift� ) T " - 1 . - •,t �� ' S ! t , a,. t S p , 1� - , 1 �r� < S 'Sr t a .. E 4 i r I IF ra �p t y,rP 11-I•q .7 � i' 1 ♦ . , • } , ZSfY �'Aeary ,: 1 F % r , Ar > s tt` r ) + i rt. T J , I , f IIIll } Y Jr ern \ a 11 i a 4 r- J � . .r rkIIt I,OF `rif t n .,,,•S t} \ l`t', ylSv s\ ) 1 ,{ti J . I .r \ , r , f SA4 s r gPIi P , tt> v 1. t Yr _ . -', I I .1 s oIr ri i�>°>}fix St f x is II t �J f 14 >t - ♦ l : tv t � I . i ,r< / �( pPf .II I r �.. k .{+ - i - '. J . N f i a r .: c do do rrzr � rrl 4 March 25 , 1999 IF Po CY't r SSE . , fY v I r r . i s I � '• I . t �i .. I a Vr / r t ' J ' r i yr�rlrialr Pl 1 r , ., . . •1 C'f fl 4 rYtSh fig '! 4 ' ' ri,Pl t 4I. 1 ,4 ' , r '� ' A1lanrrwCo{• hen , r Mayor �tri�yYl, oi� flthac � r \ tt l , i r . , I 4 I , tY, i' I , t"t r rtt'4'S�ETfti.d'rl13nYf " LY 1 • Q f:' rv >i. f.• .. \ J . .✓• r 1 f i '' � J f , 1d dtmn `w °, tti 10 8 ,rwE : �}Greerik, Street : . .a \ 0. t �•^FAIV � �`Y ri1F t ' t r r. '1 J . _ ,I ' 14850 ; `. , > r � - , J a '�}ty, J rorf" 5. - Cit , i :, . 1 / . { 4r ,.,y tSt JJ�d fr x•{_ > \ x t!t Y P.� . r + , . ; ' �sY ♦ , t , ' q icl '`- 3 t i � ♦ P � . . „ J IFII >�6a4, s ?,'';"f"4 { ' I ,CathyAr �7alentino , r : Supervisor , tw' rr,xk;yY l'\ � � Towri,� of ; I:tliaca` ' h X12 6 ' ':E . Seneca ' Street I 4 _ ; r�,n oP i .. J I -It " hthac a New York 14 8 5 0 PC 4., '`+i �fii tiG ttt S.i `s }, ; 4 .,. r t p , r S r ` f. t ✓ f ` i rp Fx7 ' .. G9 r'Cf 1 � 1:4,f1 fr > ;. d `� y1 '1 Iv t �� to I �, `YJl\G ': Sincebaugh Property 1r+ - ' i f .J sI r trI •}F+< tt FwlY;; `Dear ! Mayor r Cohen , and � S:4 erVlsor .Valentino . . ' oI w r.t t t N L 'C r 1 t \ t flt, V t I l S N �L h lrT �, / 1 .♦ I ' � r i' f1,. t ♦ 1 1 ° r` 94,s"t >r r n n J r {: 5 -t >I- am writln to Inform you that . .the Board, of Directors of ' the " ,CI 9 is bw't �tiyi )Nrt yi'S�. , 4 J ' �J>r { ;,,f, �MUr ;Finger =Lakes . .; Land :Trust has adopted ; the attached resolution rr , , 'supporting `' ,the protecton.':of ,the so .- called ' 4' Sincebaugh:: proper ¢ ' ' ' tt �= Y,; ,)r,,, the ;Six ; Mile t Creek .watershed, area . The . :resolution was ' approved ` `:Yrr i ! � �� s r I/ , ' ,( ;. F : Y x�4 unan1mousl ` on March< 16 , 1999; . 1 � r 1.. �">Ya Irk 1 2 .j�� ' i4ayfJ ; y i ` ti> Y . f J . ' . �! t ' : �i Cool i - t ° Yf, ', • t r t 11 y �x '!a r �rai u4 , r lr} \ .i . fit , , , . 1 � � Str i ^ r r rry } o.r �il 4 , ) f- t ! J I, 1 s r r �4 l a 'C++Li X''Yiir + ♦ �/ t , r� , .he>City ; and /orr ,the 'Town pis ' interested . �' in : .the Land - Trust '', s ' ' ' ° � '`�oL t ' J {rtw ��}s r3 „offer, to assist ± with ' ; effort to :': protect : . this , land 'y . ple'ase l`contact me', at > your, ycronvenience . I - believe ' the : Land .`,Trust= c la }4 ave `cons.truct`ive f,; << : . could a at III?. r ,� �3s P� Jl. . ., t ' , role , and look fortiaard to. a ?cooperative s , f artnershi J ". v ,, " ! : a , P il,wlth :either aorI 4 - • ,,ti , + t S4r �>zY `•�r tiPu:l.•. ' ,�. � . , •.AI,~�both of. /� our munic•i - K . APt .,Y�, l . r Jb"•� :} >t, � v .V ,n {. 'rY a Y" •'i`"'17u k. '3 �. , N 1. r r Y pal ::tles • t S. l Ir If , l . ,f , J 5� P Iq !t ' b reY rt • `..�li, Ir':r..:` .. r,. r . n..., r . i . . �� $?, .5�r I ✓j •. t tr! -. N a{F At T -..:=C ',� i f' :r � , t, " Y;, +. J 1nt a ✓ft r. ' 1 •. 1 - J 1 r y3• Y t} � i h -ir F i tP {i F-. ^'i Y J.. 2 r n , I J i tt . t ) r r' t - 9 u . '` F �<7 flb,S Y1 > >F PY' Z• 1 t -+ t . l t $' a nt!1 r ,rstt lP,%'�'.'} 1F A. : - y . , a ( ' ♦ t ) T . � - r1f , 1 +. x , �. 1g ;, J P:}TtYr/4 + Tr'\ t . � . y t , ' (- 4r I}t\,•.'`� n{ f ,r c. . f r� ` tat•r' �v�} y i .,f to—or i. , f , t �_ <i' :,_ , > rf ; ;: Sincerely , , � , V. H . * y : ,f < ! : � '• ♦ Mkt. K 4 C '.` 3 • ' � • w -. � 4 4 f t,}1 ♦ yyi : . .. : `. ' ' 1 Y, f , '� c . � t ',' Yom. ,lt- �yvv�''a'�{J. \ r 1v�A �• 4 ' t �. •a , r is f' >titw .in - 5 ,f } 'f - 4't ) rJ y! . e�,,Z�tY�l4e('t' 1> rAsaf +l �i y is i �4lor � l +t ,iCtYMFt� ' S\ a v fIr )A ,rI }y +1 ?• ., , r ' r r .. r t� > Cytrr_ • <' r C � 4 F s�If t ° `' t } t 1 Jn ♦ ?> a •G'Fy^,tlQl�.Lti J, 1f t `�4 s7f, l�`r 12 ) v }'-•,( ,. . t , f . t'l ti>\ 1 taxrJia t4Ptt�,b°t 44� tr � rr r s , n , , 4�.� . i > sls a. ra C .�'i . r. � tw1 hln, t... . y � Zt 1 JP YI , i a✓f,`{ > 's, , t v: J4t J� wt . ,. t I .r r `� Lk siF rd - TL{I � t+ rti tf tltiif � r f ,•Jr � l ' ,5: a 4a Nr �. Jw r-f ' xlt+ S ri } I ,+ .F r cif t, 1u I TY } vim_ ,r ,J z Y m:/ f _ +, a . a r - I C C I y'• •t . S i r ' is - 1 .; t r I /, JS r sl` , (i r }r Iv rr1 rJ -,4 s •�' rt [F 1 ) t {} j .h I'r ' .< �t � t �n � Vr u j } ' b ,ft , i " + f . ' P S R;a• SJ ;rA Tffy�� \f Ar' i.o , 11, t htl a ! !`� •.-; i�l •tw,4 ,�(� 4Pf Al ! fr ' . � {. ! , I .r. , < i, } ,�rr1 , F 5 , t�'C ' r . � Ga ' Nicholson , l�✓ ,'�. "r. 'J' 1 Y l'. ✓ J 'Lr i 1r ,{' e At.4„ ai1 C. -.r r' e r t / t + }4rFi� " Fs y r i h a, F ! 1 t ) ,. ,. wh P+u.. , J r t ar l' t fr Executive `;Director I ti _ ?= Y• �.eY-, 1. i. P 1 j kC 1 + v 4 1r P r `x f 't✓>4 tl � 'M1 A.} L / tf, S'fft _. .. .r'pt I ," cal CS'!�1 , .i I r - • s' }j . e •. r9 , � r . r�yn r ✓ 51 - n V : VIf ! 1. t r f 7 .r P r f i� - •T J �j �j , �P +h, �a�T ,Enclosure ,I rJ. l t 4�'exit ♦r rP F r t r I y1 i t Y � ZY - � 7 , • '! f 'mot FI•M'T^- - V4 f 1` h�. ,7 r ih ill` •+. r'2 (1 t. �, t . . I 1 •',J I h '.V ' L {Ci V )' 1 r t, I L t} {' A . t, V,4i �}.: ��,• i � r JV 1 r• bt i�� ^ /•t .Jr :; Brad . Edmondson ', , FI,LT "President , + � a ',f �, J>, J ur) P , � r rti 'Tr fCCe• r '1: . . r .. P . . '4 ( , iP , s P. 'FJ( ` ') yt tt)'("stIPP t l/• , al >• �°': l rHof fman aChair erson - � P . I-. -Natural . t : •. i . !. On , J t r f } _ � - Mfr 'xS 4J •� - 4V � fr LJ< y P 1 ' • .L. t~ rt1 3 ' l^ iiv .1' l {t r %( • J tif l w i.� tt `; `dt,tt, t ,r .le , . t t 5 .. - C Kt.} t . � ir 7sairs :. / . , < ' •r .1 . 't I . s ly r4t � rf•4 II .. � Sr ' , t' tk T } . fh: ur �� r lPt l r T � v1 4. * � < IS. ,• `1 r -, nY - . i t�p� tyr ti4a i r ' ' r rt,. ... r f t r< T ;J. ' sY w er{ .r. .» It - a < d - t � I . 7 t .it - �. , , , - IYd r ( ty. 1 , (y . J ft 1t.G. ,'r it d ' fit . l♦♦♦A'y' l .! f' . r It }F r . i , , ll.^ {ry . : x i I _ le fA' . �' i'r.� , } .li , R 5 ,14 . � l 1 K ° 1 1 .r , t , 3 `i S .. t { +I 151rt�,ri apk Y� IIT�q 1 , t fe > ' t r. , � fl i � a 'Tr , i1 iStP rf �I - rr . t ifT 2 t ( „ Y .,., I Jr , it( r H, � t s bf "• •, J{. 1 ' d r k n r x . . 5 , 'l •♦ ;"'ril 9 P I " ,4 5 k P a ' ♦ t 'r },�*i ♦1 . f^ '• tr f r � �. /, . �. t., �♦ / I t } � > t , .> r G4 Jk 1Y'or NoIN ATTACHMENT �� 1'4 � �µ�'�' , Jyf, Sr.'Yr .- i�'� r f 1f lj. 1 'i lCr ! r , i ✓ 1) yi ,. t J 't •�} i 5 I y or 4 C .i fJi ft.�ya �} I , f ') a : r it t l ,+.1,1 t {s } (• 4 r i 1 s. J . n r r . 1' i• r tv'i T ✓r . ?. s , tC , t <r}9.,fiF4 ,first rrH ( 1''y° ♦ r�:{ t rtt. � e f - F ttt��• � d1u, � l _> r tt f ! 1 �au ,y r t, . .fr PAF:,'(L1 Vti,1yjMJ u1 1 � „f0 a "i ':LeJ r. . Via . �t7(t.�. :ithh{ix J r d A r s A ' ♦ ; P 1t} 1 9a ✓ rt: . Rf .: r :L. ¢- .:�fitlA 'j::r ( fT vrLP• 1. • • . . ... 5(,.i i... . lr. .• .l . FINGER LAKES LAND TRUST RESOLUTION ON SINCEBAUGH PROPERTY AT SIX MILE CREEK WHEREAS , the Six Mile Creek watershed is an area of ecological significance and fragility , including an important and popular " greenway " corridor that has remained free of development- primarily due to the City of Ithaca ' s extensive holdings ; and WHEREAS , the Land Trust chose the Six Mile Creek watershed as its first target area for land preservation , and holds several conservation easements in this area ; and WHEREAS , the so -called " Sincebaugh property , " which is now for sale , lies within the greenway corridor and adjacent to City holdings and the South Hill Recreationway , and should be protected from development that would alter the natural character of the 1 � area ; ' now therefore it is RESOLVED , that the Finger Lakes Land Trust , Inc . , supports the permanent preservation of the natural , undeveloped character of the Sincebaugh property ; and it is further RESOLVED , that the Land Trust offers its assistance to the City of Ithaca , Town of Ithaca and / or others , in efforts to acquire and p rotect , the Sincebaugh _ property on a permanent basis ; and it is .. further RESOLVED , that the Land Trust will consider being a recipient of private , tax-deductible donations for protection of the Sincebaugh property ( provided long- term protection of the property can be ensured ) , a co - sponsor of applications for federal , state or other funding for acquisition and / or a consultant or participant in negotiations for purchase of the property ( eg . , by means of a " bargain sale " with tax advantages to the seller ) . r Approved Unanimously by Board of Directors , 3 / 16 / 99 1 w• t�. 'V�J. - s"tiSs," ^iah Lill Daryl J. Bem 33 Pearce Mitchell Place Stanford, CA 94305 - 8523 TOWN OF IT1 ACA Ms. Catherine Valentino, Supervisor March 29 , 1999 Town of Ithaca Board 126 East Seneca Street Ithaca, NY 14850 Dear Ms. Valentino : I am the owner of a condominium at 30A Sunnyhill Lane in the Town of Ithaca, and I am on Sabbatical leave from Cornell between January and June, 1999, living in Stanford, California. I have just today received my property tax bill (# 3922)-3 months late, because the post office did not forward it to me as they have all my other 1st class mail. Perhaps I should be glad that they wasted no time forwarding the Town' s dunning letter, which added penalties because. I had not made timely payment. Following the advice of Joan Lent Noteboom, to whom I spoke by phone, I have just sent in my payment of $ 1 ,317. 62 in taxes , plus the 3 % penalty and the $ 2. 00 Late Notification Fee. She tells me that the penalty will be reduced to 2% and the late notification fee waived if my remittance is postmarked by March 31st. I suppose I should be thankful for small favors. She also told me that this is a common occurrence and is the fault of the post office, which appears to randomly forward some of the bills, return some of them to her office, and lose the rest. She also tells me that you have met recently with other supervisors to discuss this problem and to see if you can get the post office to clean up its act. I wish you luck. Meanwhile, I don' t see why I should be penalized for this problem. I followed all the correct procedures to get my first class mail forwarded, and I have always paid my tax bill on time. Accordingly, I should like to request that the Town now refund to me the amount of the penalty ($39 .53 ) and the Late Notification Fee ($ 2. 00) . I am aware that the tax law does not excuse taxpayers who claim they did not receive the bill; but, because we all agree that I am not at fault in this case, let' s apply a bit of common sense and decency to this . Sincerely, Daryl J. Bem SEE ATTACHMENT 415