HomeMy WebLinkAboutTB Minutes 1999-05-17 OF I r
TOWN OF ITHACA
A% 2104 126 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
TOWN BOARD MEETING
Monday; May 17 , 1999
5 : 30 O' clock p . m .
AGENDA FIORAL
1 . Call to Order.
2 . Pledge of Allegiance .
3 . Report of Tompkins County Board of Representatives .
4 . Report of Fire Commissioners .
5 . PUBLIC ANNOUNCEMENT : Availability of Ethics Disclosure Statements .
6 . 6 : 00 O 'clock p . m . - PERSONS TO BE HEARD ,
7 . Review of Correspondence : (To be provided at meeting . )
a . Edgar Raffensperger - Note of Appreciation
b . Eunice Rodriguez -Tax Bill Interest and Penalties
c . Robert Libby -Tax Bill Interest and Penalties
d . Linderman Creek Litigation - Appellate Court Decision
e . Leonard Bisk , Resignation - Joint Youth Commission
f. Tompkins County Dept . of Transportation - Public Information Advisory Board
8 . 6 : 30 O'clock p . m . - PUBLIC HEARING : To consider "A LOCAL LAW PROVIDING
FOR A MORATORIUM REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH
BUSINESSES FOR A PERIOD OF NINE MONTHS" .
9 . Consider adoption of "A LOCAL LAW PROVIDING FOR A MORATORIUM
REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES FOR A
PERIOD OF NINE MONTHS " .
10 . Discussion related to Mix Trucking non -conforming business use .
11 . Set public hearing date to consider "A LOCAL LAW AUTHORIZING CONDUCT OF
RAFFLES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF ITHACA" .
12 . Consider acceptance and award of bid for the purchase of a new 1999 Excavator for
the Highway Department.
13 . Consider approval and authorization to enter into an agreement for the reconstruction
of the Renwick Heights Bridge .
14 . Consider approval of plans and specifications , and authorization to solicit bids for the
Warren Road Water Main replacement.
15 . Consider acceptance and award of bid for the construction of the Mecklenburg Road
Water Main .
16 . Consider approval of plans and specifications , and authorization to solicit bids for the
painting of the Pine Tree Road and Christopher Circle water tanks .
17 . Consider Agriculture Committee recommendations related to the draft manual and
appraisals for the Purchase of Development Rights Program .
18 . Discuss comments regarding Cornell University's North Campus Housing
Environmental Impact Statement .
19 . Consider approval to change Workers Compensation insurance coverage .
20 . Consent Items : Consider resolution approving and/or authorizing the following :
a . Town Board Minutes - 4/ 12/99 .
b . TOWN OF ITHACA WARRANTS .
c . BOLTON POINT WARRANTS .
d . Support for Elimination of Sunset Provision - SARA .
e . Endorsement Watershed Study for Cayuga Lake .
f. Approval Team Management Retreat.
g . M &T Investment Approval .
h . Provisional Appointment - Planner.
i . Conference/Seminar Attendance — Expense with out authorization .
j . Donation of Surplus Property .
k . Authorization of Utility Work Agreements with NYSDOT.
21 . Report of Town Officials :
a . Town Clerk/Receiver of Taxes
b . Director of Engineering
c . Highway Superintendent
d . Director of Planning
e . Human Resources Specialist
f. Budget Officer
g . Attorney for the Town
22 . Report of Town Committees .
23 . Consider motion to ADJOURN .
2
TOWN OF ITHACA
TOWN BOARD
MAY 177 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 ; David Klein , Councilman ; Ellen Harrison . Councilwoman ; Ed Conley, Councilman ;
John Wolff , Councilman .
PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Attorney for the Town ; Fred Noteboom ,
Highway Superintendent , Jonathan Kanter, Director of Planning ; Al Carvill , Budget Officer ; Judith
Drake , Human Resource Specialist ; Creig Hebdon , Engineer,
EXCUSED : Daniel Walker, Director of Engineering ; Andrew Frost , Director Building/Zoning .
OTHERS: Bob Rowmanowski , IFD ; Mike Koplinka- Loehr, Board of Representatives ; Shelley
Blackler, 903 Mitchell Street ; Bill Seldin , 120 Northview Road ; Edith Cassel , 152 Pine Tree Road ;
Hollis Erb, 118 Snyder Hill Road ; Lauren Bishop , Ithaca Journal ; Robin Seeley, 332 Hurd Road ;
Muriel Brink, 206 Tudor Road ; Diana Yee , 206 Tudor Road ; Betty Lewis , 139 Snyder Hill Road ; Doug
Clearo , 95 Brown Road ; Bob Rowe , Rowe Restaurants Inc . ; Maryanne Newton , 378 Snyder Hill
Road ; Ruth Mahr, 103 Judd Falls Road ; Dave Colt , 112 The Commons ; Frank and Blythe Baldwin ,
149 Pine Tree Road ; Susan Shefter, 145 Pine Tree Road ; Martha Robertson , 1655 Ellis Hollow
Road ; Joni Carroll , Cornell University; Karen Westmont , 206 Forest Home Drive ; Mark Peterson , 126
Judd Falls Road .
Call to Order: The Supervisor called the meeting to order at 5 : 35 p . m . , and led the assemblage in
the Pledge of Allegiance .
Agenda Item No. 3 — Report of Tompkins County Board of Representatives.
Mike Koplinka- Loehr, Tompkins County Board of Representatives — The library design is being
looked at. The structure will not be changed , but the fagade will be changed to make it more of a
public monument . The airport is marketing more so that people will understand the rates . People
are going to other outlets to fly because they do not know the rates of the airport . We are trying to
increase the ridership .
The Y2K issues are in compliant with most of the County Departments . We are doing an outreach
for public preparedness for Y2K issues . Work is being done with the State Representatives in
regards to E91 surcharge . Funding was increased for the Household Hazardous Waste Facility . It
will go on- line late 1999 .
We have been working for 18 months on a long-term economic development strategy plan . In mid -
June final drafts will be available and will be approved in July. It is a plan on how to energize our
TOWN BOARD MINUTES PAGE 2 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
economy in terms of economic development over the next 5 to 7 years . A new committee has bee
created to look at crime prevention . The Feasibility Study since last September looking at operations
and public safety facility in conjunction . We looked at how crime could be decreased and how we
could be more proactive . The initial recommendations from that indicate that we are doing all the
right things . We are pushing for consultants and players from the community as to what is the next
level in Tompkins County,
Some of the members of the County Board attended a hearing on property tax relief in Albany on
exempt properties . In Tompkins County it is almost 40% . it is not likely to pass , but the agenda is
moving forward .
The priority of the Budget Committee is to look at long term capital planning with the communication
towers and a number of other longer-term projects . Another issue is tying the budget priorities with
longer-term quality of life indicators . A year and a half ago the County designed a mission statement
and goals . It has sat there . We are trying to decide where Tompkins County is moving .
There is an initiative that has been moving forward between Common Council , Ithaca City School
District Board , and Board Reps regarding diversity training . They have discussed the idea and have
decided it is good to have joint training of elected officials . Potential facilitators have been
interviewed for the training . Training for Change was chosen to do the training . This is long terrift
self-education on how the elected leaders can take a more proactive approach . Please let us know
you are interested .
Supervisor Valentino — What is the cost?
Mr . Koplinka- Loehr — The total cost was $9 , 000 for 3 sessions . It is being divided by 3 jurisdictions .
I would like to give my support for the drive-through moratorium . I faxed the Department of State
asking for interpretation on the moratorium and if it could be applicable to applications pending . Mr.
Harold Willis gave a brief answer and case documentation . (Provided to the board. See Attachment
# 1).
Supervisor Valentino — I received a letter from Mr . Stein about the celebration money. It stated that
the Town still has money available and if we wish to use a portion of the funds that we need to let
them know by June 1St. The Town decided that we would like to see our share go back into the
County for them to make a determination on what it is to be used for.
Agenda Item No 4 - Report of Fire Commissioner .
Bob Romanowski , IFD — The Fire Department is still unsure why the State and Federal Agencies
have not sent the full amount . The City has received $34 . 127 out of $80 , 000 bill . The State Code
determination of the Ravener Decision stated that if there was a code in affect at the time the curre .
code was adopted and the code previously in affect was substantially the same as the current cod
it is appropriate to continue enforcing the current code on buildings constructed prior to January
TOWN BOARD MINUTES PAGE 3 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 71 . 1999 - .APPROVED - APPROVED - APPROVED
1984 . Except for the inspection program for places of public assembly, the other code initiatives are
on hold at this time .
The fire investigation unit for incendiary fires has held meetings and discussions . Juvenile arsons
are happening in the County. They are becoming more and more serious . Preliminary indications
are that the concept of an arson task force consisting of the Fire Department , Police Department , and
others from the Town and City will come into existence .
There have been a couple preliminary meetings to discuss the City/ Town Fire Contract . We should
start work on it soon .
The training has been completed for trench rescues . Most of the equipment has been received and
the trailer has been loaded for it. It was used at the Aurora Street garbage truck incident . The City
disaster management plan is being worked on . The Fire Department now has a water rescue boat
and motor. The equipment is being provided by Don ' s Outboard Motor in Lansing is mounting the
rnotor and equipment as a public service . There is not a charge to the Ithaca Fire Department .
Equipment and truck replacement project are proceeding on replacement schedules . An aerial
ladder has come in and it will reach up to the taller buildings .
The Ithaca College contribution to the Ithaca Fire Department has a proposal before the trustees ,
For the month of April , there were total 13 fires , but 245 calls . There was five structure fires , 6
vehicle fires ; one trees , brush and grass fire and one refuse fire . Seventy-four emergency medical
calls were made . There were 66 unintentional false alarms , 30 system malfunctions , 6 malicious
false calls, 5 good intent calls that were mistaken , and 18 service calls . This is the largest callout .
Every time this happens , people and equipment have to go out . If we can get a false alarm and
system malfunction code/ordinance in place with a fee structure , it will go a long way on solving
money problems .
Supervisor Valentino received the Commissioner' s Report of the Town of Ithaca investigation of fires .
I have requested a complete print out of the Town of Ithaca calls so that the Town Board can be
familiar with the types of calls.
Agenda Item No. 5 — PUBLIC ANNOUNCEMENT: Availability of Ethics Disclosure Statements
Joan Noteboom , Town Clerk — The Ethics Disclosure statements are available in my office for
anyone to review.
Supervisor Valentino — Has everyone returned them ?
Mrs . Noteboom — No . I expect them by the end of the week .
Agenda Item No. 7 — Review of Correspondence .
TOWN BOARD MINUTES PAGE 4 MAY 179 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Supervisor Valentino — Does anyone have any questions about the correspondence ?
Councilman Klein — The correspondence is being passed around.
Agenda Item No. 12 — Acce tance/Award Bid for Purchase of a new 1999 Excavator for the
Highway Department.
Supervisor Valentino — The resolution includes the funding and how it will be paid for.
Resolution No 78 - Acceptance and Award of Bid - New 1999 Excavator.
WHEREAS, three bids were received for a new 1999 Excavator; and
WHEREAS, the Highway Superintendent reviewed the bid specifications, and Tracey Road
Equipment submitted the lowest bid that most closely met the specifications in the amount of $98, 930
(Excavator), $2492 (Extended Warranty), for a total of $ 101 , 422; and
WHEREAS, the funds to pay for the said new 1999 Excavator will be come from the Highway
Equipment Reserve and the Wafer and Sewer Funds as follows:
CAPITAL PROJECT FUND - HIGHWAY EQUIPMENT RESERVE $861997
WATER FUND 71213
SEWER FUND $ 101 , 422
TOTAL EQUIPMENT COST
and;
WHEREAS, the Highway Superintendent recommends that the governing Town Board accept
and award the bid for the purchase of the said equipment to Tracey Road Equipment; now, therefore,
be it
RESOLVED, the governing Town Board hereby directs and authorizes the Highway
Superintendent to purchase one new 1999 Daewoo Excavator from Tracey Road Equipment. and, be it
further
RESOLVED, the Town Budget Officer is directed and authorized to record all necessary and
appropriate entries to the accounts of the Town to establish the Capital Project Fund - 1999 Highway
Excavator. These budgetary and accounting
and thestra transfer of reflect
oneyse from complete
Water depletion of
Sewer
available Highway Equipment Reserve y
Funds to the Capital Project Fund.
MOVED Councilman Conley, SECONDED Councilwoman Harrison. A vote on the motion resulted nAh
follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay
TOWN BOARD MINUTES PAGE 5 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
councilman Klein, aye; Councilwoman Harrison., aye; Councilman Conley. aye; Councilman Wolff,
aye. Carried unanimously.
Agenda Item No 11 — Set Public Hearing Date : "A LOCAL LAW AUTHORIZING C_ ONDUCT OF
RAFFLES BY AUTHORIZED ORGANIZATIONS WITHIN THETOWN OF ITHACA" .
Supervisor Valentino — This was not done with the Bell Jar Local Law because the State had a lot of
restrictions that the Town Clerk's Office would have to go through . It would make it very difficult . In
the mean time the State has heard from people and has changed the restrictions . The Town Clerk's
Office feels with the changes that they will be able to do the work.
Mrs . Noteboom — The public hearing is set for June 7 at 6 : 30 p . m .
Attorney Barney — There is another form of gambling . It could be changed to include games of
chance .
Councilwoman Russell — Does this create more administrative work ?
Mrs . Noteboom — The forms are almost the same as BINGO . Racing and Wagering do the
enforcement . It is not a problem .
Resolution No. 79 - "LOCAL LAW AUTHORIZING CONDUCT OF GAMES OF CHANCE BY
AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF ITHACA "
BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a public
hearing to be held at the next regular meeting of the Town Board on June 7, 19997 at 6:30 o 'clock
p. m. , in order that the Town Board may consider a "LOCAL LAW AUTHORIZING THE CONDUCT
OF GAMES OF CHANCE BYAUTHORIZED ORGANIZATIONS WITHIN 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;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman, Wolf,
aye. Carried unanimously.
Agenda Item No. 13 — Approval/Authorization to Enter into Agreement for Reconstruction of
Renwick Heights Bridge.
Supervisor Valentino — We received the contract documents .
Fred Noteboom , Highway Superintendent — The Public Works Committee looked at this and
approved it .
Councilman Klein — The project is expensive . The cost share is low.
TOWN BOARD MINUTES PAGE 6 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Supervisor Valentino — The only problem I had with the contract was that I wanted the Village o
Cayuga Heights to be included . I did not want a separate contract for the County and Village of
Cayuga Heights . Cayuga Heights is included and they do not have a problem with it . Attorney
Barney has not had a chance to look over the contract . The board could move approval upon a final
review by the Attorney for the Town .
Agenda Item No 16 Approval Plans/Specifications, Authorization to Solicit Bids for Painting
of Pine Tree Road & Christopher Circle Water Tanks.
Supervisor Valentino - Two water tanks were painted last summer. We are able to save money by
having two tanks painted a year. This helps the Town catch up with the maintenance of the water
tanks .
Resolution No 81 Specifications/Authorization to Solicit Bids Maintenance & Painting of Steel Water
StoggL Tanks.
WHEREAS, the Christopher Circle and Pine Tree Road steel water storage tanks are in need
-of interior and exterior maintenance and painting, and
WHEREAS, the Town Engineer has prepared specifications for the maintenance and repaintin
of the water storage tanks, and;
WHEREAS, maintenance of existing facilities is considered a Type 11 action under SEOR an
requires no further review, and
WHEREAS, the estimated cost of the Repairs is $50, 000 per tank and the Town water
maintenance fund has a total of $ 100, 000 budgeted, now, be it;
RESOLVED, the Town Board hereby approves the painting specifications and authorizes the
advertisement for bid and receipt of bids for the maintenance and painting of two steel water storage
tanks in the Town of Ithaca with funding to be provided from account F8340. 481 `'Tank Painting and
Maintenance "
MOVED Supervisor Valentino, SECONDED Councilwoman Grigorov. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye: Councilman Wolff,
aye. Carried unanimously.
Agenda Item No 6 - PERSONS TO BE HEARD.
Stuart Crasnof. 108 Juniper Drive - He is one of many concerned Town residents that would like the
board consider rezoning part of a 40 acre parcel land that boarders the South Hill Recreation Way.
have an aerial photograph for the Town Board . This shows the proximity of the property to the Sou
Hill Trail . The property went on the real estate market recently. The lower portion of the property
TOWN BOARD MINUTES PAGE 7 MAY 17 . 1999
APPROVED - APPROVED - APPROVED - JUNE 71 1999 - APPROVED - APPROVED - APPROVED
n the Conservation District . The upper portion is zoned R-30 . This would permit up to 25 housing
Its in a fairly dense cluster along the Recreation Way.
I n the Parks , Recreation , and Open Space Plan of 1997 , the Town recommended Conservation
District zoning for the entire parcel . Unless this happens soon , we could see a development on the
property that would jeopardize the integrity of the trail . The owner of the property also has the right to
create access for motor traffic across the South Hill Trail . One at the end of Juniper Drive and the
other at the end of Kendall Avenue . This would bisect the Recreation Way with two new roads . This
vvould drastically change the natural character of the trail . A developer could relocate the paved path
that connects the trail .
IMy family and I are among the many whom use the South Hill Recreation Way on a daily basis . We
appreciate the Town 's efforts in creating and maintaining it . Consequently, we would like to see the
Town pursue its recommendation .
Councilman Klein — It has been discussed at great lengths . We have a recommendation from the
Conservation Board . Codes and Ordinance has also reviewed it .
Agenda Item No. 7 — Review of Correspondence :
Councilman Klein — There were two letters complaining about the tax bills . The address service
requested was not forwarded . They received their bill two months late .
Supervisor Valentino — Mrs . Noteboom needed to put the letters before the board because it is a
requirement by law. We are working with the County to overcome that problem .
Mrs . Noteboom — The bills said return service requested . It means that they would not forward them
for anyone who had signed a document saying temporarily away. To correct the problem next year,
the bill will state temporary return service requested . This means that they will forward anything for
someone who is temporarily away.
Mrs . Noteboom - We sent the second notice to the address on the tax roll . The temporary away
expired and the mail was forwarded . This is why we are getting the letters .
Councilman Conley — The City had a similar problem . They assumed the position that the property
owner is suppose to know when their taxes , water bills are due .
Mrs . Noteboom — Real property tax law does say that failure of the property owner to receive the tax
bill does not waive the interest and penalties .
Resolution No. 80 — A,cprova (/Authorization to Enter Agreement Reconstruction of the Renvvyick
Drive Bridge
TOWN BOARD MINUTES PAGE 8 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
WHEREAS, Tompkins County, the Town of Ithaca, and the Village of Cayuga Heights agre
that the bridge on Renwick Drive shall be replaced in 1999, and
WHEREAS, part of the funding for this bridge reconstruction is coming from the state and
federal governments, and
WHEREAS, the Town of Ithaca Highway Department would like to enter into an agreement
with Tompkins County and the Village of Cayuga Heights for the remaining funds, now, therefore be
it
RESOLVED, that the governing Town Board of the Town of Ithaca does hereby express its
intention to be involved in sharing the costs of the reconstruction of the bridge, and be it further
RESOLVED, that the Town of Ithaca 's share of the costs for the reconstruction of the Renwick
Drive Bridge will not exceed $4, 810 and will be expended from the DB5112. 456 (Renwick Drive
Bridge) account, and be it further
RESOLVED, that the Town Supervisor be authorized to execute an agreement for such
reconstruction in such form as deemed appropriate with advice from the Attorney for the Town and
the Town Engineer.
MOVED ,Supervisor Valentino, SECONDED Councilman Klein. A vote on the motion resulted a
follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye,
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
A enda Item No 19 Approval of Changes to Workers Compensation Insurance Coverage.
Judy Drake , Human Resource Specialist - I had the opportunity to have PERMA do an estimate for
the Town . This organization is made up of towns , villages , and water districts . They brought it in for
1999 and would be effective July 1 . The premiums came in at $34 , 000 . The estimate for State
Insurance Fund came in at $47 , 000 . The Town would also pay $4700 to Lovell . With the State
Insurance Fund the Town has to have a safety management group that we have to pay on top of our
annual premiums . I did check to see if we could go without Lovell . We would be in a higher risk
area . We feel we are not receiving as much service from Lovell that we should .
1 went back to 1996 because the dividends
that we receive from Lovell take 2 years before we
receive them . We would have saved $ 1 , 000 with PERMA. It might be more expensive . One of the
most important things with PERMA is that we are looking for service . The claims people at PERMA
deal with 200 workers compensation N Ic ntact to make surenthatthe service deals
hat thehemployee0is
claims per year. They do have a R
getting is appropriate the appropriate service . They will also try and get the employee back to wo
at an earlier time .
TOWN BOARD MINUTES PAGE 9 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Supervisor Valentino - The cost of the two plans will be about equal .
Mrs , Drake — With the services added in , it would be close in cost . The Town will not receive a
dividend anymore .
Councilwoman Harrison — Have you spoken with people who have used PERMA?
Mrs . Drake — Yes . It was interesting that out of the towns and villages in Tompkins County, Enfield
and the Town of Ithaca are the only ones not participating with PERMA. PERMA is used to dealing
with municipalities , State Insurance Fund is not .
Resolution No. 82 - APPROVAL OF WORKERS ' COMPENSATION INSURANCE PROPOSAL
WHEREAS, Ithaca Agency a division of Haylor, Freyer & Coon, Inc. has submitted a proposal
from Public Employers Risk Management Association, Inc. (PERMA) for workers ' compensation
insurance, effective July 1, 1999, for evaluation by the Human Resources Specialist; and
WHEREAS, the evaluation consisted of cost, coverage, expected service. risk ,management
training and the company's experience with municipalities; and
WHEREAS, the Town Supervisor, Budget Officer and Human Resources Specialist
recommend changing from the State Insurance Fund to PERMA for workers ' compensation
coverage: and
WHEREAS, PERMA is made up of only municipalities including Town of Danby, Town of
Dryden and the Village of Groton and is backed by the Association of Towns. now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the insurance
proposal submitted by the Ithaca Agency Division of Haylor, Freyer & Coon, Inc. , effective July 1 ,
1999, for a cost of $34, 501 , to be allocated between A9040. 800, B9040. 800, DB9040. 8001
F9040. 800, and G9040. 800.
MOVED Supervisor Valentino, SECONDED Councilwoman Harrison. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
Agenda Item No. 20 — Consent Items.
Councilman Klein — I would like to pull g .
Resolution No. 83(a) 836) - Consent Agenda Items,
TOWN BOARD MINUTES PAGE 10 MAY 1711999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approve
and/or adopts the resolutions for Consent Agenda Items No. 20(a)-20(f), and 20(h)-20(k) as
presented. Consent Agenda Item No. 20(g) will be considered separately.
WOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
a. Town Board Minutes - 41121999
Pesolution No 83(a) - Approval of Town Board .Minutes.
WHEREAS, the Town Clerk has presented the minutes for the regular meeting held on April
12, 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 April 12, 1999 as presented.
MOVED Councilwoman Grigorov., SECONDED Councilman Conley. A vote on the motion resulte
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay l
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
b. TOWN OF ITHACA WARRANTS.
Resolution No 83(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. 388-544
GENERAL FUND TOWNWIDE: $ 47, 696. 13
GENERAL FUND PART TOWN: $ 25, 411 . 19
TOWN BOARD MINUTES PAGE 11 MAY 171 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
HIGHWAY FUND PART TOWN: $ 124, 354. 62
WATER FUND: $ 1207902. 33
SEWER FUND: $ 26, 385. 74
FIRE PROTECTION FUND: $520, 092. 00
LIGHTING DISTRICT FUNDS: $ 21212. 73
A40VED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
c. BOLTON POINT WARRANTS.
Resolution No. 83(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. 129, 189-201 $ 92, 678. 64
Voucher No. 202-241 $ 50, 031 . 31
*Fund: Voucher No. 242 $ 44. 44
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye, Councilman, Wolff,
aye. Carried unanimously.
d. Support for Elimination of Sunset Provision — SARA.
Resolution No. 83(d) - Support for the Elimination of the Sunset Provision of the (LGRMIF).
WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was
created in 1989 to provide technical assistance and grants to establish, improve or enhance records
management programs in New York's more than 4300 local governments, and
WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit
its operation as a five-year experiment, and
TOWN BOARD MINUTES PAGE 12 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
WHEREAS, the LGRMIF operated successfully and supported essential advisement an
grants projects signally to improve the management of records and information in local governments,
and
WHEREAS, the New York State Legislature in 1995 extended the sunset date to December
31 , 2000, and
WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard
of excellence and provide direct and significant benefit to local governments at no cost to the
taxpayers, and
WHEREAS, the Town of Ithaca has benefited from technical assistance, training, publications
and grants totaling $ 16, 098. 00 supported by the LGRMIF, and
WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many
records and information related responsibilities of the Town of Ithaca, now, therefore be it
RESOLVED, that the governing Town Board of the Town of Ithaca supports the elimination of
said sunset provision of December 31 , 2000 in order to make the LGRMIF permanent.
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulte
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov., ay
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman ;.1101
aye. Carried unanimously.
e . Endorsement Watershed Study for Cayuga lake.
Resolution No 83(e) Call for Cooperation and Resolution to Endorse a Watershed Study for
Cayuga Lake
WHEREAS, the Intermunicipal Organization is being formed to create, modify and implement
a watershed management plan to allow counties, towns, villages and cities in the watershed to work
together for the purpose of accessing dollars, cost s avin savings,, cost sharing and efficiency of activities
among the municipalities, and prioritize water quality issues, and
WHEREAS, the Intermunicipal Organization is made up of municipalities within the watershed
to oversee the development of a watershed management plan, and
WHEREAS, this governing Town Board acknowledges the importance of water quality and
natural resources of the Cayuga Lake Watershed, and
WHEREAS, the size of the watershed dictates that cooperation between varied user grou,
will be essential in protecting this natural resource, now, therefore, be it
TOWN BOARD MINUTES PAGE 13 MAY 17, 19949
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
RESOLVED, that this governing Town Board of the Town of Ithaca will participate in the
efforts of the Intermunicipal Organization to: 1) define the structure of the Intermunicipal
Organization; 2) promote scientific analysis of the watershed's resources in order to determine the
state of the watershed; 3) develop an education and awareness program to educate local residents
and stimulate their interest in protecting the watershed, 4) develop coalitions for cooperation and
participation in projects relevant to the protection of the watershed; 5) prioritize water issues within
the watershed; and 6) participate in solutions to water quality problems; including possible sources of
funding.
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
fa Approval Team Management Retreat.
Resolution No. 83(f) - Approval of Team Management Retreat.
WHEREAS, the Town Supervisor has determined that it would be advantageous for the
management staff, (Town Supervisor, Department Heads, Budget Officer and Human Resources
Specialist.), to attend a one and one half ( 1 112 ) day training retreat out of town; and
WHEREAS, the Town Supervisor and Human Resources Specialist have met with
representatives from the Community Dispute Resolution Center (CDRC) to determine the cost,
agenda and schedule of the said retreat; and
WHEREAS, it has been determined that the retreat could be held at the Thornfield Conference
Center in Cazenovia, NY, on June 17- 18, 1999; and
WHEREAS, the estimated cost for this retreat including lodging, food, travel and training
would be $2, 100, allocated from individual management staffs appropriate expense line item; now
therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Team
Management Retreat as recommended by the Town Supervisor, to be held June 17- 18, 1999, at the
Thornfield Conference Center; and be it further
RESOLVED, the Town Board approves the management staff attending the Team
Management Retreat with funding allocated amongst individual management staffs appropriate
expense line item.
TOWN BOARD MINUTES PAGE 14 MAY 1 ' ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPPOVED - APPROVED - APPROVED
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulte
as follows: Supervisor Valentino, aye; Councilwoman Russell. aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye, Councilman Wolff,
aye. Carried unanimously.
h . Provisional Appointment — Planner.
Resolution No 83(8) - Provisional Appointment of Planner.
WHEREAS, there is currently a vacancy in the Planner position; and
WHEREAS, the Director of Planning and the Human Resources Specialist interviewed the top
three candidates for the position through the solicitation process since there wasn 't a civil service
eligible list to select from; and
WHEREAS, the above determined that Michael Smith, possesses the necessary skills and
experience to successfully perform the duties of the said position; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Michael Smith as a full time PlB8020. 1tOpn effective Junel7, w 999;oand be
based on a 37. 5 hour work week, charged to account
further
RESOLVED, that this appointment rosfprovisional ��nre( a�hable completion of
the next
civil service examination, and being one p
listing. Full time benefits apply.
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
i . Conference/Seminar Attendance - Expense with out authorization .
Resolution No. 83 h - Conference%Seminar Ex ense Authorization.
WHEREAS, the governing Town Board has developed a management structure which
identifies the supervisory responsibilities of the Town Supervisor, Department Heads, Budget Officer
and Human Resources Specialist; and
WHEREAS, the approval for attendance at any conferencelseminar should be made by the
Town Supervisor; Department Heads, Budget Officer and Human Resources Specialist because
their management responsibilities; and
TOWN BOARD MINUTES PAGE 15 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
WHEREAS, there is an unwritten policy that the governing Town Board must approve and
authorize attendance to any conference/seminar which has an expense of $ 100 or more; and
WHEREAS, the present economic climate dictates that the cost of attending most
conferences/seminars exceeds $ 100 per person; now, therefore, be it
RESOLVED, the governing Town Board of the Town of Ithaca hereby grants authority to the
Town Supervisor, Department Heads, Budget Officer and Human Resources Specialist to approve
and authorize attendance for themselves, and their staff, to any conferenceiseminar for a cost up to
$200 per person per event, and be it further
RESOLVED, the cost for attending said conferencelseminar shall be expended from the
appropriate budgetary line item as designated in the adopted Town Budget,
A40VED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye, Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
i. Donation of Surplus Property.
Resolution No. 83fi1 - Disposition and Donation of Equipment.
WHEREAS, the Town of Ithaca owns a Sharp Copier, Model No. SF2027 which is no longer
needed and has no remaining salvage value beneficial to the town, and
WHEREAS, it is the desired recommendation of the Town Supervisor compliant with Section
318 of the State Education Law, and Section 104 (c), of the General Municipal Law governing
disposal of surplus equipment to seek the approval of this governing Town Board to declare this
piece of equipment obsolete, and at the same time donate it to the Reconstruction Home Inc. , now,
therefore, be it
RESOLVED, the governing Town Board of the Town of Ithaca does hereby declare the said
Sharp Copier, Model No. SF2027 as obsolete, and donates the said piece of equipment to the
Reconstruction Home Inc. , Ithaca, New York.
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff
aye. Carried unanimously.
k. Authorization of Utility Work Agreements with NYSDOT.
T OWN BOARD MINUTES PAGE 16 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 711999 - APPROVED - APPROVED APPROVED
Resolution No 83(i) Authorization for the Town Supervisor to Execute Utility Work Agreements with
NYSDOT.
WHEREAS, The New York State Department of Transportation (NYSDOT) is planning to
replace a culvert at the intersection of Bostwick Road and NYS Rte. 13A within the Town of Ithaca
during 1999, and
WHEREAS, The Town of Ithaca has a water main in the NYS ROW which will have to be
relocated to accommodate the location of the new, and
WHEREAS, NYSDOT will adjust municipally owned utilities at the expense of the State, when
such work is necessary as a result of State highway work, and
WHEREAS, NYSDOT has prepared a Utility Work Agreement for the project which describes
the project limits and authorizes the State to complete the necessary work at no cost to the Town and
indicates that the Town will accept title and responsibility for the adjusted facility upon satisfactory
completion of the work, now therefore be it
RESOLVED, the Town Board hereby authorizes the Town Supervisor to enter into the Utility
Work Agreement for NYSDOT PiN 360089101 , Culvert Repair Route 13A, and, be it further
RESOLVED, the Town Board hereby grants the State of New York authority to perform th
adjustments for the Town, and be it further
RESOLVED, the Town Board agrees that the Town will maintain facilities adjusted via the State-
let contract.
MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
fe M &T Investment Approval .
Councilman Klein — When we approved M &T bank as an investment bank , we limited the amount of
money. The banking industry has gone through many consolidations in the past few years . There
are not many local banks left . I would be reluctant to do anything that would not fully invest our
money locally. In the letter from M&T they do not say how much are local deposits invested here .
They show a pie chart that they are number 2 in the market share . They do not say out of the local
deposits how much is invested here . The Trust Company does make significant investment in the
community. l do not want to invest millions of dollars in a bank that may be taking our money and
investing it in Buffalo or Rochester. nT dollars . I would like oto knowhwhatthey give oback to the loc
organization , it could be two thousa d
community. I am against approving this tonight pending some additional information .
TOWN BOARD MINUTES PAGE 17 MAY 17; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, ? 999 - APPROVED - APPROVED - APPROVED
upervisor Valentino — Mr. Carvill and I could ask M&T for more information . We can think about
how to draft the resolution so that whenever the Town thinks about investing that if the margin in
close the bank of preference would be TCTC .
Councilman Klein — Having to banks to deposit funds does help . It is healthy. I do not know if we
want to invest a lot of money into a bank that is not reinvesting it into the community.
Mr . Carvill — At 3 : 00 p . m . at the end of the business day, TCTC , M &T, Fleet , National Bank of
Geneva , Chase Manhattan , Chemical Bank or any bank sells their money to the opposite coast .
That money is not on deposit here in Tompkins County. When Wall Street opens again at 9 : 00 a . m . ,
the western banks sell it to the eastern banks. It is not staying here . The bank is out to make
money. The interest of that is it expands the ability to be able to flux muscle into the future bond
market . The primary focus for expanding bank relationship is not maintaining deposits or acquiring
customer service relations for our employees or residents within the community. Future bond issues
will become of interest . The local market is not on deposit here .
Councilman Wolff — We need to ask how many businesses have they invested in and how many
mortgages are local .
Mr. Carvili — We need to know how much is factored .
Councilman Wolff — When we do business with a bank, we want to know that the money is being
regenerated into the community.
Agenda Item No. 14 — Approval Plans/Specifications, Authorization to Solicit Bid for Warren
Road Water Main Replacement.
Creig Hebdon , Assistant Town Engineer — The project will replace the aging 8 inch water main with a
10 inch water main . The new water main will be located across the road from the existing water
main . This will allow the existing water main to remain in service until the new water main is ready.
We have been working with the County on drainage . This will help run -off and getting water
channeled .
Supervisor Valentino — Is our coordination with the County coming along better than it was?
Mr. Hebdon — The county gave it to our office and asked what the Town wanted and what they
should be doing for the water main . We did a design for the drainage and we need to meet with the
County for final approval .
Supervisor Valentino — If we did not go ahead and do it ourselves , there were serious problems as to
where the culverts were located and where the water mains would have to go . If we were not careful ,
we would later on have to dig it up .
Councilman Klein — Is the County going to do the restoration work?
TOWN BOARD MiNUTES PAGE 18 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPRO VED
Mr . Hebdon — Yes . They were not looking hard at drainage .
Councilman Klein — Will all the lawns disturbed through the project will be repaired through the
County?
Supervisor Valentino — Yes .
Councilman Klein — This has been reviewed by the Public Works Committee .
Resolution No. 84 - Contract S ecificationslAuthorization to Advertise for Bids Warren Road Water
Main Re lacementlA rovaI Water Fund 1999 Bud et Amendment A ro riation of Moneys Warren
Road Water Main Replacement.
WHEREAS, the Town Engineer has recommended the replacement of the existing 40 year old
8" cast iron Warren Road water main due to a high annual maintenance cost of frequent water main
breaks, and the opportunity to work in the road way in conjunction with the County Warren Road
replacement project, and;
WHEREAS, the Town Engineer has prepared an engineering report recommending relocation
of the water main to the west side of the road R. O. W. to avoid conflicts with the proposed pave
shoulder, proposed and existing drainage systems and the existing sanitary sewer, and,
WHEREAS, the Town Engineer has also evaluated the water system and future wat
demands in the Northeast Service area and has recommended that a 10" Ductile Iron Pipe water main
installed to replace the existing main, and
WHEREAS, the Town Engineer has prepared plans and specifications for the construction of
the Water Main replacement, and;
WHEREAS, replacement of an existing water main is a type 11 action under SEOR, requiring no
further environmental review, and;
WHEREAS, the Engineers estimate of project cost is $365, 000. 00, and;
WHEREAS the Town engineer seeks the approval of the Town Board to amend the 1999
water fund to provide funding for the Warren Road Water Main replacement, and
WHEREAS, the Town Engineer has reviewed available fund balance with the Town Chief
Fiscal Officer and Budget Officer. This review has determined that surplus moneys are available,
and;
WHEREAS It is the recommendation of these Town Officers that the appropriating of Fund
Balance is fiscally prudent versus the decision to 90 to temporary financing, and
TOWN BOARD MINUTES PAGE 19 MAY i 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
WHEREAS Subject to the Town Board's approval the following budget amendment is
requested.
FRONT: F599 Appropriated Fund Balance $365, 000. 00
TO: F8340. 491 Warren Road Water Main, Replacement Project $365, 000. 00
WHEREAS, the Chief Fiscal Officer and Budget Officer seek the approval of the Town Board
to record all necessary and proper budgetary accounts to establish and transfer the sum of $3651000
from the water fund to the capital project fund - Warren Road Water Main Replacement,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Ithaca, hereby approves the plans and
specifications for the Construction of Warren Road Water Main Replacement, and authorizes the
advertisement for bids for the project, and; be it further
RESOLVED that this Town Board approves, authorizes and directs the amendment to the
1999 water fund budget and the transfer of moneys to establish the Warren Road Water Main
Replacement Project.
MOVED Councilman Klein, SECONDED Councilwoman Russell. A vote on the motion resulted as
follows: Supervisor Valentino. aye: Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
Agenda Item No 15 — Acceptance/Award of Bid for Construction of Mecklenburg Road Water
Main .
Attorney Barney — Will they being paying ahead of time?
Mr. Noteboom — I do not recall .
Resolution No. 85 - Contract Mecklenburg Road Water Main.
WHEREAS, the Town of Ithaca on March 23, 1999 received bids for construction of the
Mecklenburg Road Water Main, and;
WHEREAS, the Town Engineer has reviewed the bids and qualifications of the bidders and has
recommended that the low bid of $91 , 950. 00 for the total project made by Dean Calice Construction is
a qualified bid, and;
TOWN BOARD MINUTES PAGE 20 MAY 1 ; ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
WHEREAS, the Town Engineer seeks the approval of the Town Board to transfer 199
budgeted moneys between the following appropriations to clearly identify funding to be expended for
the establishment of and the construction of the Mecklenburg Road Water Main Project,
From: F8340. 480 Capital improvements $74, 930. 00
F8340. 485 Water Tank Painting $ 41020. 00
To: F8340. 490 Mecklenburg Road Water Main $78, 950. 00
and;
WHEREAS, the total project cost has been estimated at $91 , 950. 00. The Town is
appropriating local resources of $78, 950 with a direct contribution to the capital project of $ 13, 000
from Conifer Development Corp. , and;
WHEREAS, the Chief Fiscal Officer and the Town Budget Officer seek the Approval of the
Town Board to record all necessary and proper Budgetary accounts to establish and transfer the sum.
of $ 78, 950. 00 from the Water Fund to the Capital Project Fund - Mecklenburg Road Water Main,
now, therefore, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the award of th
contract for the Mecklenburg Road Water Main, to Dean Calice Construction, 671 Hotchkiss Roa
Greene, NY 13778, subject to final approval of the contract documents by the Town Engineer an
the Attomey for the Town, and be it further
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the expenditure of
an amount not to exceed $91, 950 for contract costs incurred, and be it further
RESOLVED, that the Town Board approves, authorizes and directs these 1999 budgetary
modifications and the transfer of moneys to establish the Mecklenburg Road Water Main Capital
Project.
MOVED Supervisor Valentino, SECONDED Councilman Conley. A vole on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, abstain; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Motion carried.
A enda Item No. 8 - 6 : 30 . m. - PUBLIC HEARING : DRIVEOTlC ROUGH BUSINESSES QR A
MORATORIUM REGARDING THE ESTABLlSHM
PERIOD OF NINE MONTHS" .
Supervisor Valentino opened the public hearing at 6:30 p. m . The Town Clerk had proof of postin
and publication . Supervisor Valentino post-poned the public hearing until 6:33 p. m .
TOWN BOARD MINUTES PAGE 21 MAY 1 1995
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Benda Item No. 95 Cont' d.
Supervisor Valentino — This project needs to be done regardless . if we do not end up getting money
from Conifer or they do not finish , the Town will need to complete the project . The project needs to
be completed because of the low water pressure and the problems .
Attorney Barney — Is the Town prepared $91 , 000 if needed ?
Supervisor Valentino — If we have to .
Mrs . Noteboom — The Town Board passed a resolution stating that the Town Board was to enter into
an agreement with Conifer Realty for this amount of money on the advice of the Attorney for the
Town . That agreement has not yet been forth coming .
Mr. Noteboom — They have agreed to pay it .
Supervisor Valentino — What is the time frame for completing the project ?
Mr. Hebdon — We are getting later and later into the construction season .
Attorney Barney — It can be authorized with the understanding that the engineers , Town Supervisor,
Attorney for the Town may be able to negotiate a change order if necessary.
Agenda Item No. 8 cont' d .
Supervisor Valentino re-opened the public hearing at 6:33 p. m. The Town Clerk had proof of posting
and publication.
Supervisor Valentino — Has everyone picked- up the Standards of Conduct ? They will be enforced .
We have humble surroundings , but it is a legislative hearing . It may not be as grand as the Senate
Chamber; we do like to keep it open so that everyone has an opportunity to speak .
Dave Colt, 112 Commons — I care about this very much . The main reason that I want the Burger
King included is that it goes against what your constituents want . It should not be excluded because
it is the type of thing the moratorium is about. There is not a good legal not to include Burger King . It
sounds like the type of deal where certain people want to be seen as progressive about going along
with a moratorium , but when comes down to certain cases it is the shuffle of feet . The most
important issue is that the moratorium that goes against the drive-through window at Burger King or
at any other should be for 90 years . The automobile is wrong . Anything that generates automobile
action is retrogressive .
Muriel Brink , 206 Tudor Road — 1 am pleased that the Town Board is considering a moratorium on
drive-through businesses . I wish it were a more inclusive moratorium if at all possible given some of
the development discussions . The Zoning Ordinance does not comply with the Comprehensive Plan
TOWN BOARD MINUTES PAGE 22 MAY 17 , 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
of 1993 . This is a State Law requirement . This would enable the neighborhood to part of th
process . It is important for the Burger King to be included in the moratorium , as it would stimulate
commercial development . It would adversely affect the character of the neighborhood .
Mark Peterson , 126 Judd Falls Road — I went through my neighborhood and found them willing to
sign a petition to include Burger Consequently after the building of the happened in the traffic and
neighborhood where I grew up q Y
garbage increased greatly. ( See Attachment #2)
Edith Cassel , 152 Pine Tree Road — After 31 years of living in the neighborhood , I have had plenty of
time to be concerned about safety, noise pollution , littering and traffic . I have raised two children in
the neighborhood and it has always been dangerous for them to walk along the street . It is a hazard
for people who have to cross the road to get their mailbox. I will never forget the night a man
knocked on my door and told me that he had hit someone . The man died a few weeks later. Traffic
its bad . We cannot afford to have a development that will rely on traffic increases . I would like to
urge the board to look at the development in the East Hill Plaza as a whole and consider the Town of
Ithaca Comprehensive Plan , Be sure the zoning conforms to it . Do not allow piece by piece
establishments .
1 have a petition signed by 72 Town of Ithaca residents (See Attachment #3) asking the Town Boar
to direct the Planning Board to delay approving the proposed Burger King site plan and dela
recommendation to Zoning Board of Appeals until questions have been answered . It also ask
Burger King be included in the moratorium . The reason people signed the petition is because we fe
it is lawful to include businesses that have started the application process . A moratorium of all
development in Commercial Zones should be required until the Town of Ithaca Zoning Ordinance is
brought into compliance with the Town of Ithaca Comprehensive Plan . The Town of Ithaca may be
putting itself at legal jeopardy by excluding Burger King from the moratorium . It is unfair to Town of
Ithaca residents because there is the question of whether our properties might be devalued .
Falls Road — I would like to commend the Town Board on its very quick
Ruth Mahr, 103 Judd rd
Ru � thank the Town Boa
response to the problems posed by drive-throughs . I also would like to
because a lot of us have been aroused again in our perception of civic duty. The Burger King
application has focused attention on a problem that is bigger than Burger King and East Hill Plaza .
The present Zoning Ordinance does not conform to the Comprehensive Plan . It can be used to
justify the kinds of developments that may not be in the interest of the Town as whole or particular
neighborhoods . I want to commend the Town Board for recognizing the problem with drive-throughs .
I want to ask the board for a change in the wording of the moratorium . Time needs to be allowed to
study the legalities of the various ways the resolution could be formulated . The community members
need to be involved in discussions regarding the rewording of the moratorium . The wording needs to
be as general as possible . There are applications that are soon to arrive to the Town with respect to
development across the street from the East Hill Plaza . Considering that the Zoning Ordinance do
not comply with the Comprehensive Plan , the Comprehensive Plan may have a different vision
that area . The wording needs to be more generalized to include more commercial establishments .
TOWN BOARD MINUTES PAGE 23 MAY 17; 1999
APPROVED - APPROVED - APPROVED - JUNE 711999 - APPROVED - APPROVED - APPROVED
hould include all commercial development . There is a legal reason for doing so . A drive-through
moratorium may not be adequate to protect from other types of development that may be imminent in
this area . A resolution that is worded as generally as possible will not cause the types of problems
that a more specific resolution has caused . I would also concur that Burger King be included in the
proposed moratorium . I agree that it may not be fair to exclude it . I would like to see any problems
that may be real or perceived with Burger King' s legal rights . A variance clause needs to be
included .
lVaryanne Newton , 378 Snyder Hill Road — The development of East Hill Plaza does affect me . I am
concerned about the development at East Hill Plaza and Judd Falls Road for all of the reasons
mentioned .
Prank Baldwin , Pine Tree Road — I would like to thank the board for considering this issue . It makes
sense that the community and the board should have the opportunity to decide whether East Hill
Plaza is a neighborhood shopping center before we allow Burger King . I request that Burger King be
included in the moratorium .
Shelly Blackler, 14 Noddingham Drive — I live in the Town of Dryden , but I operated Knitting
hAachines. Etc at 903 Mitchell Street . It is located 1/4 mile west of the East Hill Plaza . I would like the
Town Board to include Burger King in the moratorium . It has been mentioned that senior citizens like
drive-throughs , my mother does not use them . She finds them difficult to manipulate and difficult to
hear. She prefers to go inside .
East Hill Plaza is my nearest neighborhood shopping center. My fear is that allowing one fast food
business is an invitation for more . The rumors are flying and rising . I do not want to see the creation
of fast food ally east . I chose the location of my business carefully 15 years ago . I would not have
chosen to be on the Elmira Road then or now. I do not have a problem with Elmira Road . It is not
the presence of fast food restaurants that I object to , but the drive-through separate building
presentation that leaves vacant store space vacant , creates additional trash and traffic. This will
eventually cheapen the value of the neighborhood . Years ago when Maplewood Park Apartments
were being built , I had workmen eat their breakfast and lunch in my parking lot . I did not mind that . I
did mind the trash that was left behind .
Susan Shefter, 145 Pine Tree Road — I have gone to East Hill Plaza once a day for 20 years . in
taking petitions around (See Attachment #4) and meeting with neighbors , everyone has the same
concerns and the same interest in the moratorium . The feeling seems to be that Cornell University
made these arrangements with Burger King . There has been a great effort to be fair to Burger King ,
and not as great an effort to be as fair to the people who elected you .
Karen Westmont , 206 Forest Home — When we were first interested in the Burger King issue , we
thought it apparent to do a moratorium to underline the principal for why the Burger King is
bothersome . My neighborhood is experiencing development that is inappropriate to them . The
Marriott being proposed is behind my property. It is going to depend on Cornell University visitors
and business . To get to campus they will be traveling by my house . The North Campus
TOWN BOARD MINUTES PAGE 24 MAY 17, 1999
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development is externalizing traffic . I am in the middle of major development . The issue o
appropriate development is sprawl and this is the start of it.
fbls. Westmont presented a chart on other towns that limited drive-through businesses after
applications had been submitted. (See Attachment #5)
The decision is to whether or not to include Burger King and all commercial development . My
neighborhood is facing the issue of what is happening in an R-3 zone . R= 3 zones allow churches ,
medical facilities , and they are car needy businesses . Most of the Town is R-3 . This requires
taxpayer subsidy. Car dependant businesses are externalizing the cost to the taxpayers . I did
research on sprawl and growth management . While the zoning is being redone , all development
needs to be curtailed . Everyone is asking for traffic calming . Taxpayers are going to pay for the
consequences of sprawl . The people who pay it most are those who can least afford it . Renters are
not able to deduct the property taxes that they pay through their rent. If East Hill Plaza were to fully
develop , it would be out in horse pastures . If development happens here , it will not happen in a more
appropriate place . There is not enough density to support these businesses . They need to bring in
traffic from other neighborhoods . The investment that we have already paid is not being fully used . It
its being under used and new investments will have to be made to the intersections .
Hollis Erb , 118 Snyder Hill Road — I can see East Hill Plaza from my home . I ask the board to ado
the moratorium and to include Burger King . I fell in love with my neighborhood twenty years ago .
have invested 20 years into my home . I love the feel of the neighborhood . We had our ow
neighborhood shopping area where we could do our routine shopping . We still felt rural . There w
have to be some changes . I ask the board to include all possible forms of drive-through businesses
in the moratorium . This way the neighborhood can come to an agreement as to what is fair and
desirable to maintain the neighborhood .
Bill Seldin , 120 Northview Road — I represent Rowe Restaurants , Inc, the applicant . it is important to
understand some of the history of the process that we have been through . We are not the first
applicants for this site . In the previous application , it was a combative situation . A fast food
restaurant came in and was insensitive to the community. When we signed our lease agreement on
September 1 , 1998 , with Cornell University is a number of years of negotiations . This included an
extensive restrictive covenant that would prohibit all fast food type restaurants onC Cornell
the CFCU
property extending beyond Judd Falls Road . We can in on the heals of the approval
drive-through approval . This went unopposed . There was no call during the years that followed the
McDonalds application .
We submitted our application to the Planning Department . We used the same engineers as CFCU
drive-through . We recognized that our application would not be considered in a vacuum . We granted
to draw and take into consideration the surrounding areas and what the impact would be .
Mr. Seldin presented a chronological order of the Burger King site plan approval process. (S
Attachment #6)
te OWN BOARD MINUTES PAGE 25 MAY ; ; 19u9
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have supported public input. We knew the public would not come out in droves supporting this .
VVe recognized we needed to deal with all the issues pertaining to traffic , drainage , litter, and odor.
No one knows better than Mr. Kanter the effort that has gone into developing these issues . Before
we did a traffic study, we consulted with his department as to the methodology. We generated a
traffic study that went beyond what would have normally been required because of the concerns of
the neighborhood . The issues that have been raised are not just emotion . They are legitimate . We
recognized that and knew that we had to deal with everything they were concerned about so that we
would be welcomed neighbors . They have embarked a series of events that are important . After the
sketch plan review, the Planning Department published recommendation of negative determination .
An archeological issue was discovered and the Planning Board meeting was opened up for public
concerns . We met with concerned citizens , Cornell University to discuss issues that had been
presented .
I would like to suggest that if a moratorium were passed that does not exclude Burger King , it would
terminate the application because of financial commitments , agreements , and the lease agreement .
Robin Seeley, 332 Hurd Road — I appreciate the board 's efforts with this issue . I have a lot of
neighbors that live in the Town of Ithaca . They are concerned about the fairness to the
neighborhood . The agreement between Cornell University and Burger King only applies to properties
that Cornell University owns . There are 7 properties zoned commercial in that area Cornell University
does not own that . If there is a moratorium and Burger King is excluded , it means they do not face
competition . That is not fair either.
Supervisor Valentino received a letter from Loren Tauer of 211 Eastern Heights Drive on May 17,
1999 in support of the Burger King proposal. (See Attachment #7)
Supervisor Valentino closed the public hearing at 7. 15 p. m.
Councilman Conley — If Burger King were included in the moratorium , would the applicant withdraw
the application ?
Mr. Seldin — Yes .
Councilman Conley — The drive through is an important element , not just the restaurant .
Mr. Seldin — Correct .
Councilman Conley — Will it be a sit-down restaurant also? Is that big a factor?
Mr. Seldin — Yes .
Bob Rowe , Rowe Restaurants — It is a big factor. It is 50% of the business .
TOWN BOARD MINUTES PAGE 2E MAY 17 : 1999
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Councilwoman Grigorov — A few ' mentioned that because we have not rewritten the Zonin
Ordinance we are in an illegal situation with the Comprehensive Plan .
Attorney Barney — The section of law that is being referred to , Section 272A, dictates what should go
into a Comprehensive Plan , The State of New York enacted it in 1995 . it applies to Comprehensive
Plans that are specifically enacted with reference to Section 272A after the law was passed . Our
Comprehensive Plan was adopted in 1993 . It predates that stature . The stature does not apply to
our Comprehensive Plan .
Councilman Klein — The major issue is to amend the proposed Local Law to include Burger King .
Under the current set of circumstances . what rules and regulations is our Planning Board operating
under to impose conditions , to deny the drive-through , or deny the project . The Planning Board is in
charge of Site Plan review, what types of controls , restrictions , and approvals are they subject to
approve?
Attorney Barney — All commercial developments in the Town of Ithaca are subject to site plan and
many times' special approval . Burger King is subject to both requirements . They will have to get
approval from the Planning Board for site plan and they must get special approval from Zoning Board
of Appeals . There are criteria in the Zoning Ordinance for obtaining both approvals . They include
traffic , drainage , and the health and welfare of the general community along with other items .
Councilman Klein — Is it an issue to be discussed at the Planning Board or Zoning Board of Appeal
level ?
Attorney Barney — It is before both boards . The Planning Board makes a recommendation to the
Zoning Board of Appeals with respect to the approval .
Supervisor Valentino — Will the Planning Board be looking at this criteria , the traffic study, comments
from the public?
Attorney Barney — The Planning Board will consider Preliminary Site Plan Tuesday, May 18 . They
will consider the public' s comments given to them at the previous Planning Board meeting .
Councilman Klein — If Planning Board felt that based on the study the traffic impacts could not be
mitigated then the application could be denied?
! f the traffic was a
Attorney Barney — They cannot act arbitrary. They are bound by a rational basis .
the authority n the would have Y to deny the application .
i problem the y
significant p
Councilman Klein — Could they approve the application without the drive-through ?
Attorney Barney — Yes .
TOWN BOARD MINUTES PAGE 27 MAY 17 ; 1999
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ouncilwoman Grigorov — The neighbors have stated that they would like it to be a neighborhood
center and not a community center. Is this considered community commercial ?
Councilwoman Harrison — The Comprehensive Plan shows commercial . It does not state community
commercial . The map reflects what exist in commercial . It does not show the difference between
neighborhood and community.
Councilman Klein — The East Hill and Judd Falls Plazas are shown as commercial general business
use .
Councilwoman Grigorov — I would not want that area to be model for neighborhood communities .
Councilwoman Harrison — The goal in the Comprehensive Plan states that we want neighborhood
commercial . The objective is to have neighborhood commercial . It then states the zoning should
have neighborhood , community and lakefront commercial . We did not discuss in the goals and
objectives community commercial .
Councilman Klein — There was discussion that the Town Board did not want another Pyramid Mall or
development the size of the mail in the Town of Ithaca . We ruled out new developments of that
scale .
Mr. Kanter — The Comprehensive Plan generally describes the three recommended commercial
areas . It talks about what they should be , but it does not state where they should be.
Councilman Klein — The scale of East Hill Plaza as it exist is beyond a neighborhood shopping
center. If draws people from outside the neighborhood to its activities .
Councilwoman Harrison — Do we want to encourage more of that? The existing acreage would allow
more intense draw of stores . In the Comprehensive Plan the Town Board recognized what is . In the
rezoning , we are thinking about what should be . The fact that what is there is beyond neighborhood
commercial , does not mean that we want to increase the non -neighborhood commercial . I think we
have not addressed that fully. The moratorium should be broad enough to put a hold on further non -
neighborhood type development in that area until the Town has a chance to work on the rezoning.
We need to be mindful of other commercial expansion .
Supervisor Valentino — There are other concerns that this moratorium does not address . This
moratorium does not address box stores . it could be a major factor .
Councilwoman Russell — The East Hill Plaza is different from neighborhood commercial . It is very
different than the definition .
Councilwoman Grigorov — In order to prevent more drive-throughs the Town Board could pass this
moratorium . Then we could draft a moratorium for commercial business .
TOWN BOARD MINUTES PAGE 28 MAY 171 1999
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Supervisor Valentino — The Town Board could pass this Local Law and then amending this Loca
Law to include the larger box stores . We need to be careful of drawing the law so that it can be
upheld .
Councilwoman Harrison — If this moratorium is proposed and the current application is exempt , is it
possible that there might be successful legal challenge . What is the possibility of another fast food
restaurant coming in and claiming special treatment?
Attorney Barney — There are reasons to justify reasons for excluding the present application . There
has been a significant investment of dollars in bringing the application thus far. McDonalds walking
in the door with a moratorium in place would not have that expenditure . They would have the rules in
front of them that they would need to play by. Burger King had different rules . There is always a
chance of something happening . I would be more comfortable arguing against McDonalds in that
scenario then arguing the Burger King scenario .
Councilwoman Russell — The purpose of a moratorium is to take time out to study these issues .
When an applicant knows it is in place when they walk in the door it is not a problem .
Councilwoman Harrison — What about applying this to Burger King ?
Attorney Barney — It is fact specific . If we were to get into details , I would prefer to discuss it i
Executive Session ,
Councilwoman Harrison — Was there anything in your discussions with Mr . Willis that you could share
with the board?
Attorney Barney — Mr . Willis stated he supplied the same cases and facts to me as he did the public .
There can be a moratorium that can prohibit even pending applications from proceeding .
Councilwoman Harrison — There are three different possible moratoria . No commercial development
until the Zoning Ordinance is redone is one type . Commercial development over 5 , 000 square feet
and no drive-throughs is another. The last would be no drive-throughs . Is there a greater likelihood
for a successful lawsuit among the three classes .
Attorney Barney — It is continuing . The law is not black and white . The narrower the moratorium , the
easier to defend .
Councilwoman Harrison — I think singling out drive-throughs would be more challengable .
Attorney Barney — You need to justify a reason for doing it . If the reason is an increase in traffic .
Limiting all commercial development has been done . There have been towns that have adopted
Comprehensive Plans that eliminated all commercial development and only had residential . The
was a case that had a repetitive moratorium .es it The
asieou justify t restricted it because it kept bei
reenacted . Having a narrower moratorium
TOWN BOARD MINUTES PAGE 29 MAY 17 , 1999
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ouncilwoman Harrison — Could we justify figuring out larger scale commercial as a holding method ?
This would include businesses over 5 , 000 square feet , automotive businesses and drive-throughs .
VVe would like to not allow new significant traffic generators at East Hill Plaza . Drawing the limit at
big box businesses is too big . A significant drug store or chain store could still come in .
Councilwoman Russell — What justification is lowering it to neighborhood commercial because it is
not neighborhood commercial ?
Councilwoman Harrison — I am suggesting a Townwide moratorium that is for neighborhood
commercial . This is what we are dealing with in the rezoning . Neighborhood commercial is the type
of commercial we are going to allow in this town . We need time to figure out where we want East Hill
Plaza to go . The only way to get that time is to have a moratorium . The moratorium may not be
what you will end up with . The towns that had moratoriums on commercial development did not end
up banning commercial development . It gave them time what type of businesses they want in their
town .
Councilwoman Grigorov — What does 5 , 000 square feet come to ?
Supervisor Valentino — Burger King is about 2 , 800 square feet and CFCU is about 4 , 000 square feet .
Best Western is 49920 square feet. P&C will be about 50 , 000 square feet when it is finished . IDES is
33 , 750 square feet . CourtSide is 21 , 000 square feet . There are good size commercial properties at
East Hill Plaza .
Councilman Klein — Does the square footage of IDES include the entire building ?
Supervisor Valentino — The retail part of IDES is 8, 972 square feet . The bowling alley is 24 , 700 .
CourtSide is two floors . The first floor is about 13 , 000 square feet and the second floor is 7 , 945
square feet .
Councilwoman Grigorov — I think it is important not to allow any more big businesses .
Supervisor Valentino — Our zoning specifies uses under 10 , 000 square feet as permitted by right .
Over 10, 000 square feet is permitted under special approval . The proposed neighborhood
commercial allows buildings for up to 7 , 500 square feet and with Planning Board special approval up
to 10 , 000 square feet . If we vote on passing our current moratorium and then set a public hearing to
amend it to include commercial not exceeding a certain side . The board needs to decide on what
square footage is allowed .
Councilwoman Russell — It should be the size of neighborhood commercial , 7 , 500 square feet .
Attorney Barney — I do not want the board to adopt something that would be difficult to defend . This
I
s applying it across the Town including East Hill Plaza .
TOWN BOARD MINUTES PAGE 30 MAY 17 ; 1999
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Councilwoman Harrison — We do not want to draw stores . We do not want stores that are going t
draw traffic until we can think it through . What is the worst that would happen if someone questions
it?
Attorney Barney — The worse is that the moratorium would be tossed out of court . Then the Town
would be reverting back.
Supervisor Valentino — We need to be comfortable so that we can defend it adequately . If we have
to expend Town finances to defend ourselves , and we have considered it carefully and doing what is
in the best interest of the community then it is part of the cost . We do not want to put our residents at
risk of having a huge lawsuit with damages .
Councilwoman Harrison — How would putting in a variance option speak to the question of being
challenged?
Attorney Barney — The variance would need to be given power to . The Zoning Board of Appeals
usually does the variance review . You would want it to become to the Town Board . It can be in the
rnoratorium .
Councilman Klein — If it is in our Local Law and ante hi do ame up ' then it is logical for the Tow
Board to override the moratorium . We need a
Mr. Kanter — It would not be a bad idea because it is a moratorium for nine months .
Councilwoman Harrison — Is nine months the maximum you are comfortable with ?
Attorney Barney — A year has been done . but I prefer nine months .
Councilwoman Grigorov — The moratorium can be extended .
Supervisor Valentino — If we are working on the law and we are very close at nine months , it would
be more defendable if we were to extend the moratorium .
Councilman Klein — This would be new construction as opposed to renovation of current stores .
Attorney Barney — If someone came in and said they were not going to increase the square footage
in Judd Falls Plaza , but we want to reconstruct
Supervisor Valentino - Could we make that square footage different than the moratorium square
footage?
Attorney Barney — 1 would not have a problem with that .
Supervisor Valentino — What is the general size of most of the stores?
TOWN BOARD MINUTES PAGE 31 MAY 41711999
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r. Kanter — Most of the stores are under 2 , 000 square feet . The total Cornell University space is
about 46 , 000 square feet . It used to be retail .
Councilman Conley — I would like to ask for Executive Session . There are some things that I would
I ike to hear from Attorney Barney about the repercussions . I would like to clarify things before we
vote .
EXECUTIVE SESSION;
Motion made by Councilman Wolff , seconded by Councilman Conley to enter into an Executive
Session to receive legal advice . Carried unanimously. The Board entered Executive Session at 7 : 59
p . m .
Motion made by Councilman Wolff , seconded by Councilwoman Harrison to resume regular session .
Carried unanimously. The Board resumed regular session at 8 : 25 p . m .
Agenda Item No 9 — " A LOCAL LAW PROVIDING FOR A MORATORIUM REGARDING THE
ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES FOR A PERIOD OF NINE MONTHS" .
(See Attachment #8)
Councilman Klein — I feel that the Burger King application is under proper review by the Planning
Board . Under our present Zoning Ordinance , the Planning Board has sufficient authority to very
carefully scrutinize the project . They have it in their power to approve , approve with conditions or
deny the application . It is appropriate for that process to continue .
Councilwoman Harrison — I would prefer to see a moratorium that would include Burger King . The
Town Board needs to decide in what direction East Hill Plaza should be going . I am convinced that
this better than not having a moratorium . The majority of the board would not be in favor of including
Burger King . There are some legal ramifications to including Burger King that might make the law
more subject to challenge .
Supervisor Valentino — We need to discuss the amendment to the Local Law . The Town Board
talked about making sure that the size of new commercial business not be beyond 7 , 500 square feet .
Councilwoman Harrison — Do we need to have grounds for a variance? Will it need to be part of the
Local Law?
Attorney Barney — Yes .
Councilwoman Harrison — I would want to include criteria that it would not jeopardize implementation
of the Comprehensive Plan . There are other types of uses and I do not know how the square
footage would be calculated . I am concerned that gas stations or other automotive uses will be
excluded .
TOWN BOARD MINUTES PAGE 32 MAY 1 19Gg
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Attorney Barney — There are no areas zoned in the Town for gas stations unless there is a ga
station present .
Councilwoman Russell — What are gas stations classified as under the new Zoning Ordinance?
Mr. Kanter — In the proposed revision of the zoning there would be a zone allowing gas stations and
automotive uses . It would be a fourth zone . We have not looked at where they should or should not
be .
Councilwoman Harrison — Should they be included in the moratorium ?
Supervisor Valentino — Yes . There is one possible location at the intersection of Danby Road and
VVest King Road .
Attorney Barney — We could set a public hearing to rezone the intersection .
Cllr. Kanter — This may lead to having to rezone areas many times . There will be a series of different
zoning amendments . I would rather see it covered in the moratorium .
Councilwoman Grigorov — The lights on the banks at East Hill Plaza are very bothersome to the
neighbors . There is something in the Comprehensive Plan about lighting .
Attorney Barney — The lights are the result of Federal Legislation having to do with safety at AT
machines .
Mr . Kanter — We are working on a lighting ordinance . The Conservation Board is looking at it and will
forward suggestions to the Codes and Ordinances. We can try to require that all light be focused
downward and not outward .
Councilwoman Harrison — If a light ordinance is passed , are these lights grandfathered ?
Attorney Barney — it is modification of a site plan without of approval .
George Frantz, Assistant Town Planner — The State Law requires the area within 50 feet of the ATM
needs to be lit with one or two foot candies at ground level . It may be done in a manner other than it
is being done.
Resolution No. 86 - LOCAL LAIN PROVIDING FOR MORATORIUM REGARDING
CONSTRUCTION OF DRIVE- THROUGH BUSINESSES FOR A PERIOD OF NINE MONTHS
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 May 17, 1999 at 6:30 P. M. to hear all interested parties on
IN a proposed local law entitled A LOCAL BUSINESSE� FOR A PERIOD OFONINE MONTHS,CONSTRUCTION OF DRIVE- THROUGH an
TOWN BOARD MINUTES PAGE 33 MAY 17 , 1999
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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 Part 617 of the Implementing Regulations pertaining to Article 8
(State Environmental Quality Review Act) it has been determined by the Town Board that adoption of
said proposed local law is a Type 11 action and therefore not subject to environmental review under
SEQR; and
WHEREAS, the Tompkins County Planning Department has reviewed said law and issued a
letter pursuant to the applicable provisions of the General Municipal Law stating that such
Department finds no deleterious effects resulting from the adoption of said law, and
WHEREAS, the local law was referred to the Town of Ithaca Planning Board, which
recommended its adoption to the Town Board.
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled
"A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF DRIVE-
THROUGH BUSINESSES FOR A PERIOD OF NINE MONTHS ", a copy of which is attached hereto
and made a part of this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca
Journal as soon as practicable after its adoption; 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.
MOVED Councilwoman Russell, SECONDED Councilwoman Harrison. A vote on the motion
resulted as follows: ROLL CALL VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye;
Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman
Conley, aye; Councilman Wolff, aye. Carried unanimously.
Agenda Item No. 10 — Mix Trucking Non-conforming Business Use .
Supervisor Valentino — There is an increase in the number of trailer trucks that have been coming
over Pine Tree Road late at night . I am having the Zoning Officer look into non -conforming use of
the Mix Brothers on Mitchell Street . It appears that there will be many more trailer truck than what
they used to have . It is a real problem for the Pine Tree neighborhood . We asked the County to put
traffic counters on Pine Tree Road . Has anyone seen the counters ?
TOWN BOARD MINUTES PAGE 34 MAY 17 . 1999
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PUBLIC — NO .
Supervisor Valentino — Please watch and see if that happens , if it does not occur, please let me
know so that I can discuss it with the County. I was wondering if the neighborhood would be willing
to have a community committee and try to take counts of the trucks . I have noticed that the trailer
trucks from Mix are plain white without markings . There are also other trucks with markings. We
need to get a handle on what trucks are going through the neighborhood it would be helpful to figure
out where the increased truck traffic is coming from .
PUBLIC — Is there a certain day or time?
Supervisor Valentino — I have heard that it is later in the evening .
Councilwoman Russell — Were there restrictions put on the Mix Brothers Business by the Zoning
Board of Appeals?
Supervisor Valentino — Yes . I have the read the minutes . It stated that there would be five trucks . It
was to be a low-key operation . I am not seeing that . There are quite a few trucks there .
Agenda Item No. 18 — Cornell University's North Campus Housing Environmental Im ac
Statement .
Mr . Kanter — The Town Board and Planning Board was provided with a draft letter with comment
and suggestions regarding the Environmental Impact Statement ,
Joni Carroll , Project Manager — I will be happy to answer any questions the Town Board may have .
Mr . Kanter — There are some issues that the Town Board and Planning Board will have in terms of
the overall project impacts . The Planning Staff see potential issues with traffic and 'historic
resources . We were provided with information from Trowbridge and Wolf today that include
suggested revisions from Cornell University . It is partly in response to some of the suggestions and
concerns in our draft letter. This is proposed information at this point . The City of Ithaca has not
incorporated this information into the draft Environmental Impact Statement . The public hearing at
the City will be tomorrow night .
Mr. Frantz — I read the draft Environmental Impact Statement with the additions that resulted from the
public comments on its completeness. There were a number of changes in it . I analyzed it for the
conclusions that were reached . in the draft Environmental Impact Statement . The same issues
remain ; traffic and the Moore House . There are legitimate traffic concerns on Forest Home . The
increases in traffic volumes during the day are 13% . This increase traffic may not affect the level of
service on the various intersection within Forest Home , but it only helps people who are driving cars .
The draft Environmental Impact Statement has done a good job of focusing on the impacts of th
projects on the motoring public. It still lacks the potential adverse impacts to the Forest Hom
community.
TOWN BOARD MINUTES PAGE 35 MAY 17, 1999
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major concern is the impact of the project on Forest Home at night. Not having a lot of data on
potential increases of traffic at night in Forest Home . Cornell University did provide the number of
cars that would be parked in the proposed 120-car parking lot . They expected 215 vehicles being
parked in the parking lot over a course of an average night . This needs to be doubled . It is 430
vehicular trips coming from that parking lot per night. One trip in and one trip out . Are looking at
140 trips through Forest Home at night . According to the draft Environmental Impact Statement this
will not be a problem because it is the time of reduced traffic .
Councilwoman Russell — Is this one way trips?
Mr. Frantz — One trip is one way . This is also the time when Forest Home residents are most likely to
be at home .
Councilwoman Russell — What period of time is this during the day?
Mr. Frantz — It is 5 : 30 p . m , until midnight .
Councilwoman Grigorov — Are there mitigation measures in mind ?
Councilman Klein — They have access out onto Pleasant Grove Road . It should be more internalized
in Cornell University.
Mr. Frantz — The access to the parking lot could be a south ball strife. This would keep the traffic on
the Cornell University campus . The parking lot could be redesigned to come out on Jessup Road .
This would put the entrance to the parking lot closer to Thurston Avenue . It would be less attractive
for people to drive through Forest Home .
Councilwoman Russell — Is this parking lot is short-term turnover?
Mr. Frantz — During the day the 120 parking lot is for employee use .
Councilwoman Harrison — Will there be permits?
Mr . Frantz — There will be permits . Permits may also be required at night . There are a number of
workable ideas that University could pursue .
Councilman Klein — The road system needs to be internalized to the campus .
Councilwoman Harrison — The parking lot will draw non -campus people .
Councilwoman Russell — Parking permits need to be required at night as well so that it does not
attract the general public .
TOWN BOARD MINUTES PAGE 36 MAY 17 : 1999
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IMr. Frantz — It is possible to accommodate 3 soccer fields and the Moore House in its curren
location . The problem is the cost of doing so , it is possible to do it in an aesthetically pleasing
fashion .
Councilman Klein — Part of historic property is that it is in its original location . If it is moved , the
context of the historic building is lost .
IVIr. Frantz — It is not a matter of the Moore House being historic as much as being architecturally
significant . The best solution is to keep it at its current location . Historic Ithaca is not really
concerned about moving it to another site because it is a way of protecting an architectural resource .
Councilwoman Grigorov — Are there any possible locations?
Councilwoman Harrison — There is a letter from Ed Franquemont that they have found 6 possible
locations .
Councilwoman Russell — There are other ways to structure the plan to keep the house on site .
Mr . Frantz — The draft Environmental Impact Statement cautiously excludes the Moore House from
the overall program . It could be worked into the North Campus program as an interval part of it .
has been done elsewhere . I am not sure about the $40 , 000 Cornell University donation to help in th
moving of the Moore House . It means an outside party will have to put up money to help defray th
cost of moving it . Should that burden be shared by anyone else , or should the University be taki
up the entire burden of preserving the Moore House .
The immediate use proposal is soccer fields , tennis courts , basketball courts , and parking lot . If the
land were to be rezoned from MR to R-30, it allows educational uses . This could include a more
ir
intense use of the land . It is a potential ad rezoning . The purpose of a
advantages and disadvantages . This!
Impact Statement is to explore the
is related to the parking lot and Moore House .
Mr. Kanter — These will be addressed again if the City completes the Environmental Impact
Statement process .
Agenda Item No. 17 — Agricultural Committee Recommendations Related to Draft Manual &
Appraisals for the Purchase of Development Rights Program ct ,
Mr . Frantz — The Agricultural Committee did review the manual . They concurred with the Town
Board that there be a separate committee set- up . They also discussed composition of the
committee ; the Town Supervisor Boa drmember .thOne Planning
their concerns was making g sue that
Agricultural Committee and one Town
there were enough members of the agricultural community on the committee .
Councilwoman Grigorov — I was not sure about the rolling admissions versus limited time .
TOWN BOARD MINUTES PAGE 37 MAY 17, 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
r. Frantz — Many programs have an application period . Anyone who might want to be considered in
that year must apply. A County Agricultural Protection Board takes the application . That board and
its staff review all the applications , ranks them , and then recommends the farms .
Councilwoman Grigorov — It enables you to compare the farms together.
Mr. Frantz — It enables you to judge all applications at once and compare the applications with each
other. It is one of the benefits . At the same time those types of programs tend to have more
applications each year than they can actually act on . The Town of Ithaca might not have this
problem . The Agricultural Committee feels we are not going to have a lot of applications in one year.
The benefits to the applicants by being able to apply all the time out weighs any problems that the
Town may have with too many applications .
Councilwoman Grigorov — What happens if the money is used and something better comes in later
on in the year?
Mr. Frantz — If something really fantastic came in after the first of July because by time we got the
appraisals done and the purchase offer made it will be into September. The purchase offer could
stated closing January 3 ,
Mr. Kanter — It might allow situations to come forward more quickly than not allowing them .
Councilwoman Grigorov — Would it be more likely to get involved with something that was less
important than it would have if another application was in ?
Mr. Frantz — It is the major draw back of having application on a rolling basis . We may be spending
our money on much lower quality parcel . At first I thought it would be a major problem . If the Town
Board commits to buying a parcel in September but cannot do it until January, the landowner will say
o . k .
Councilwoman Grigorov — The point system will help to eliminate applications .
Mr. Kanter — Funding could be set aside or it can be bonded .
Councilman Klein — How much money will it cost ?
Mr. Frantz — It is on average of $900 to $ 1100 an acre for development rights . There will be some
farms where the Town will pay $500 to $600 an acre .
Mr. Kanter — The criteria may make them lower on the priority list . The Town Board has a system of
making evaluations.
Supervisor Valentino — Is the Town interested in partial or entire farms .
TOWN BOARD MINUTES PAGE 38 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Mr . Frantz - They do not need to include the entire farm . The development rights for the bac
portion of the property will be the ones where we will only be paying for $400 to $600 . It is the
frontage that will be expensive . A lot of programs exclude the farmstead . They do not include it in
the easement , it is strictly the open space . Sometimes a farmer may want to reserve out the
opportunity to create one or two house lots within a . specified area of their farm .
Mrs . Noteboom - It will be a case by case negotiation , it will be under control under the policy
manual . What is the taxable status after the Town has purchased the rights?
Mr . Frantz - It will be taxable . This program should not affect the tax revenues adversely. The vast
majority of the properties that we are targeting are already in the County Agricultural District Program .
They are already getting a partial property tax exemption . They are taxed for their agricultural value .
1v4r . Kanter - There could be some difference ,ou d haveto go to Assessment Office and aeques s
Agricultural District . The property
that it be changed .
Mrs . Noteboom - Does the easement carry over to the next owner?
Mr . Frantz - No . The easement stays with the land . it is binding .
Mrs . Noteboom - What if the land is sold to a veteran ? They have the veterans ' exemption plus th
agricultural exemption ,
Councilwoman Grigorov - It needs to be farmed and make $ 10 , 000 a year to receive the agricultural
exemption .
Mr. Frantz - If the lands market value is $2 , 000 an acre and its value as Agricultural Land is $500 an
acre on a 100 acre parcel , the person would by it for $50 , 000 . The owner has received $ 150 , 000
from the Town of Ithaca for its development rights .
Mrs . Noteboom - Why would the Town of Ithaca chose to use taxpayers money and have the
potential of raising taxes just to be able to purchase the rights for someone not to build on their land ?
1 have a problem with that as a taxpayer.in type of
this , hTgei open gpacet�asts someone money.
committee
include someone who could be objective 9
We are not allowing development that can bring in revenue .
Supervisor Valentino - It comes down to a different type of philosophy. The value of the Purchase of
Development Rights is cost effective for the taxpayers of the Town because we do not have to
develop it . we do not have to put in infrastructure . ere developedthanhit additional
be as� olpengspace Ong
cost . The cost would be greater to tax payers
Mrs . Noteboom — There is a misconception of the taxpayers as to what this will cost them .
TOWN BOARD MINUTES PAGE 39 MAY 17, 1999
APPROVED - APPROVED - APPROVED - JUNE 711999 - APPROVED - APPROVED - APPROVED
ouncilwoman Harrison — An explanation should be included in the next Town Newsletter .
Supervisor Valentino — Everyone does not understand the program .
IMr. Frantz — In setting up the program , we have left out more than adequate land to accommodate
growth in the Town of Ithaca for beyond the next 50 years . The idea of the program is to channel
development into areas that have infrastructure . There is 1500 acres on West Hill that is already
served by public water and sewer. Let us utilize the infrastructure that is already in the ground .
Mr. Kanter — There are two potential items . One is to include the Agricultural Committees comments
into the manual . Then it can be brought before the Town Board for approval .
Councilwoman Harrison — What happens if the area is not mowed ?
Mr. Frantz — It would be in the easement that the Town of Ithaca would reserve the right to mow the
land and charge the owner for doing so . The consensus is every other year. It is important in
preserving habitat. The best time of year to mow is in February.
Mr. Kanter — The other action item is the request for proposal for appraisals .
Attorney Barney — Committee should include the Town Supervisor or other designated board
member. It should also include the Planning Board chair or other member designated by the Town
Board .
Mr. Carvill — The Committee should include someone that is not on a Town committee . It could be a
banker or businessperson . someone who has hands on with money and marketing . It gives the
committee a more objective view. Some of these lands have mortgages on them . Having someone
from the business community may have an advantage .
Attorney Barney — It should not be limited to a business profession . If one or two other persons
elected by the Town Board would be appropriate .
Mr. Frantz — I assumed the Town ' s Budget Officer would be serving as staff support to the
committee .
Councilwoman Russell — Someone from the financial community could complicate the ethical
question .
Mr . Frantz — It was a surprise that the Town has an appraiser in Town that is very experienced. I
called 3 or 4 appraisers to see who would be interested . No one responded expect for Mr. Gardner.
His price is within a reasonable range .
Councilwoman Grigorov — We need to think about the fee .
TOWN BOARD MINUTES PAGE 40 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
Mr. Frantz — It will be $3500 for two appraisals . It is $ 1750 each .
Resolution No 89 = Town Staff to proceed with Contracting for Appraisal Services for Potential
Purchase of Agricultural Conservation Easements.
WHEREAS, the owners of two parcels of land in the Town of Ithaca have expressed interest in
the possible sale of the development rights to their respective properties through purchase of
agricultural conservation easements by the Town of Ithaca, and
WHEREAS, the Town Planning Department has solicited proposals from qualified appraisers
to provide professional appraisal services to determine the potential market value of agricultural
conservation easements on the said two parcels of land, and
WHEREAS, The Planning Department has received a proposal from North East Appraisals &
Management Co. , that meets or exceeds the criteria for evaluating said proposals as set forth in the
distributed request for proposals, specifically: 1 ) certification in New York as real estate general
appraiser; 2) prior experience in the completion of appraisals for the purpose of acquiring agricultural
conservation easements. 3) ability to commence and complete work prior to July 7th, 1999; and 41
demonstrated technical expertise in projects similar to the one proposed, and
WHEREAS, the total cost of providing the requested appraisals given by North Ea
Appraisals & Management Co. , is $3, 500, and
WHEREAS, the Town Planning Department has recommended that North East Appraisals &
Management Co. , Inc. be hired to complete the requested appraisals per the guidelines set forth in
the request for proposals, at a cost not to exceed $3, 500, now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca authorizes the hiring of North East
Appraisals & Management Co. Inc. to prepare appraisals for two parcels of land on which the Town
of Ithaca may desire to purchase agricultural conservation easements on, at a cost not to exceed
$3, 500, to be allocated from Account 88020. 406, (Planning Study).
MOVED Councilwoman Harrison, SECONDED Councilwoman Russell. A vote on the motion
resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman. Grigorov,
aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Carried unanimously.
Resolution No. 88 - Amendments to Draft Policies and Procedures Manual Town of Ithaca
Agricultural Land Preservation Program,
BE IT RESOLVED, the Town Board of the Town of Ithaca does hereby accept and approve
the comments made by the Agriculture Committee regarding the Agricultural Land Preservati
Program Draft Policies and Procedures Manual, and be it further
TOWN BOARD MINUTES PAGE 41 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 711999 - APPROVED - APPROVED - APPROVED
RESOLVED, staff is hereby directed to revise and incorporate the comments of the Agriculture
Committee into the said draft manual and present the amended version to the Town Board for
consideration of adoption.
AIOVED Councilwoman Harrison, SECONDED Councilwoman Grigorov. A vote on the motion
resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
,aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 22 — Report of Town Committees:
Supervisor Valentino — I asked George Conneman if he would be interested in filling Shirley
Raffensperger's position on the SCLIWC Committee . He is willing to do this until the end of the year.
Resolution No. 90 - Appointment Town Representative Southern Cawpa Lake Intermunicipal Water
Commission jSCLI WC).
BE IT RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints George
J. Conneman, 197 Christopher Lane, Ithaca, New York as a Town of Ithaca representative on the
Southern Cayuga Lake Intermunicipal Water Commission for a term of office effectively immediately
upon adoption of this resolution through December 31 , 1999,
MOVED Supervisor Valentino, SECONDED Councilwoman Harrison. A vote on the motion resulted
as follows: Supervisor Valentino, aye, Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff,
aye. Carried unanimously.
Councilwoman Russell — When I sat in on a meeting in your place , I did not have a legal status as a
member of the board . There is not a provision for an alternate member.
Councilman Klein — If the Supervisor is sick , then the Deputy Supervisor by law assumes the
position .
Attorney Barney — An appointment to a board is not by Supervisor, it is by designated individual .
Supervisor Valentino — After Shirley passed away and I was out of town , the Town of Ithaca did not
have a member who could vote .
Attorney Barney — We can amend the agreement so that each municipality will be able to have an
alternate member.
Supervisor Valentino — Monday, May 24 is the Tompkins County Municipal Officers Association
dinner. We have time if anyone would like to go . The main topic is tax problems . The other part is
TOWN BOARD MINUTES PAGE 42 MAY 17; 1999
APPROVED - APPROVED - APPROVED - JUNE 71 1999 - APPROVED - APPROVED - APPROVED
the new version of the tax map for municipalities . I will give a small report about the Recreatio
Partnership .
.Agenda Item No 21 - Regort of Town Officials :
� . Town Clerk/Receiver of Taxes - See Attachment #9
Mrs. Noteboom - When I went to the Town Clerk' s Annual Conference was the resolution that is
being proposed to the State Legislature regarding attunement for elected officials . The issue is
urging the legislature to discourage the constitutional imposition on certain paid public elected official
holders in the State of New York. This would include all local elected salaried officials . This includes
town , village , and county officials . This would limit the amount of terms that someone could run . The
Supervisor could only run for two terms . The Town Clerk Association is urging legislature to support
amendment of the General Municipal Law, Town Law, Village Law, and Highway Law in relation to
filing a notice of claim .
b. Director of Engineering - See Attachment # 10
c. Highway Superintendent - See Attachment #11
Mr. Noteboom - The Renwick Heights Bridge design should be in Town Hall tomorrow.
Supervisor Valentino - The public was concerned that they did not have any visuals as to how th
bridge would look. The County has not provided them . We can call some of the people to see if they
would to look at the design .
d, Director of Planning - See Attachment #12 & 13
Mr. Kanter - I tried to provide an accurate description of the Codes and Ordinances . I gave an
update on the South Hill conservation zones .
Councilwoman Grigorov - Did you go to the Saturday morning for the Waterfront Revitalization
Program ?
Mr. Kanter - Yes . They gave an overview of how the project is going . They have been doing
inventory work and public meetings . A major issue was more public access . We are looking at water
quality and habitats . It gave a good overview.
Councilwoman Russell - The concept ���fee outs nto he lake . There would be cons stency�ht up .
The communities would be regulating
Councilwoman Harrison - Would this include docks?
TOWN BOARD MINUTES PAGE 43 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, 1999 - APPROVED - APPROVED - APPROVED
I\Ar. Kanter — It would include boating activities , noise , and jet skis. There can be joint regulations
adopted through a harbor management plan .
e. Human Resources Specialist — See Attachment # 14
ftllrs . Drake — Cathy and I have been working on setting up the management retreat . At the next
meeting we will have our agenda and when we will be gone .
Supervisor Valentino — We are working with Bolton Point on creating their employee manual .
Mrs . Drake — They understand that the Town of Ithaca employees and Bolton Point need to have the
same personnel manual .
Supervisor Valentino — We have met with the City and Cornell to see how we are going to integrate
the workers .
Mrs . Drake — The Cornell employees will need to take civil service tests. We are interviewing for the
highway laborer position .
f. Budget Officer —
g. Attorney for the Town — See Attachment #
Mr. Carvill — The board passed a resolution for the acceptance for the 1999 Excavator. It defines
that we are using all of the equipment reserve money. Does that imply that the reserve has
collapsed? Does it become non -existent or do we continue to replenish it?
Supervisor Valentino — We have had the reserve for a long time . We will want to replenish it .
Attorney Barney — Was it set- up subject to a permissive referendum ?
Mr . Carvill — Yes . It was set- up so that at the end of each fiscal year the equipment lines were
examined . If there were unexpended funds , it was set aside into a reserve known as highway
equipment .
Attorney Barney — Was the resolution done subject to a permissive referendum ?
Mr. Carvill — From what I gather it was.
Supervisor Valentino — We can research and bring it before the Town Board .
Mr. Carvill — We are still making $7 . 0 and $7 . 3 million on deposit for our investment program . We
have been able to rotate the money.
TOWN BOARD MINUTES PAGE 44 MAY 17 ; 1999 Ankh
APPROVED - APPROVED - APPROVED - JUNE 71 1999 - APPROVED - APPROVED - APPROVED
Attorney Barney — We received a decision on Linderman Creek . They have now applied for leave t
appeal to the Court of Appeals . We are submitting papers opposing it .
Agenda Item No 22 — Renort of Town Committees .
Supervisor Valentino — The cable franchise committee is refining things . It is a request for the cable
company to respond to our wish list . There are no formal negotiations going on . These are just
requests .
Councilwoman Russell — A consultant has been hired for COWMAC to do a program study. We are
going to commenting on the program proposal . I did meet the finalist for the Biosafety Engineers
position . We were impressed because he has done teaching in engineering ethics .
Councilwoman Grigorov — The article in the paper on the Intermunicipal Organization missed the
point of the organization .
Councilman Klein — The Public Works Committee was presented with the parks plans and Mr.
Noteboom talked about Highway needs . Mr. Walker talked about the water design for Warren Road .
Codes and Ordinances do have a special meeting Monday, May 25 to review the final draft of the
Water Resources Ordinance ,
Councilwoman Harrison — I was invited to attend the Citizens Planning Alliance and talking about th
zoning revision . It was a good meeting . they were supportive of the conservation -oriented things th
Town Board is doing . They wanted to be sure that we try to accommodate the neighborhoods close
the to the city.
Agenda Item No 23 — EXECUTIVE SESSION :
Motion made by Councilman Wolff , seconded by Councilman Conley to enter into an Executive
Session to discuss pending litigation , a personnel matter and discussion of sale of Town Hall .
Carried unanimously. The Board entered Executive Session at 10 : 12 p . m .
Motion made by Councilwoman Russell , seconded by Councilwoman Harrison to resume regular
session . Carried unanimously. The Board resumed regular session at 10 : 43 p . m .
Agenda Item No 24 — ADJOURNMENT:
As there was no further business to come before the Town Board , a motion was made by
Councilwoman Harrison , seconded by Councilwoman Russell to adjourn . Carried unanimously .
Supervisor Valentino adjourned the meeting at 10 : 43 a . m .
Respectfully submitted ,
Joan Lent Noteboom ,
TOWN BOARD MINUTES PAGE 45 MAY 17 ; 1999
APPROVED - APPROVED - APPROVED - JUNE 7, y 999 - APPROVED - APPROVED - APPROVED
Town Clerk
NEXT REGULAR MEETING — June 7 , 1999 at 5 : 30 p. m .
* Minutes Transcribed by Carrie L. Coates .
U5 / 17 / VU 14 : 45 'IEL 00001U0UUUUUUUU 191 U1
NYS DEPARTMENT OF STATE
TELECOPTER TRANSMISSION SHEET
Return Fax No. (518) 473 -9211
TO , Michael A_ Koplinka-Loehr
FROM: Harry J. Willis
DATE : May 17, 1999
This will reply to your faxed inquiry. I am forwarding you a copy of pages 9 and
10 of our publication titled "Land Use Moratoria" , dealing with vested rights_ We feel that the
cases cited uphold the principle that a moratorium may be cnforccd against any land use activity
for which only an application has been submitted, but where no substantial resources have been
expended in making any physical changes to the land in reliance on a permit or approval granted.
The cited cases are found as follows _
People v_ Miller: 304 NY 105 , 106 NE 2d 34
Ellington Construction v. Ilempstead : 77 NY 2d 114, 564 NYS 2d 1001 , 566 NE
2d 128
Pete Drown v_ Ellenhurg: 229 AD 2d 877 , 646 NYS 2d 205
Steam Heat v. Silva: 230 AD 2d 8007 646 NYS 2d 537
No_ of Sheets Including Cover: 3
Transmission Questions/Problems, Please Call : Harry J. Willis
(518) 473 -3364
ATTACHMENT 411
05 / 17 / 99 14 : 48 TEL 00000000000000 X02
landowner filed an action claiming the moratorium In two recent moratorium cases, the lower courts
effectuated an unjust taking. The Appellate declined to find vested rights_ In Pete Drown, Inc.
Division, Second Department, dismissed the case, V. Town Board of the Town of Ellenhurg," a town
stating that it was possible for the owner. to have which did not have any zoning regulations passed a
applied to DEC for a permit first, before going to local law establishing a moratorium on the
court. The permit, if granted, could have exempted construction ofcommercial buildings. About a year
the parcel from the moratorium on the basis that the later the moratorium was replaced by _ a
proposed development would not be contrary to the comprehensive zoning law which prohibited the
policy of the Wild, Scenic and Recreational Rivers incineration of commercial or hazardous waste.
Act. Since the owner had not so applied, the claim During this time, an owner had spent more than
could not be heard. $ 850,000 on a project to site a commercial waste
incinerator, which amount included purchase and
Vested Rights storage of the incinerator itself,
do do do Wood
pending approval p g app of the project.
Landowners who are aware that iere a irtoreresciive; _ : : ', In a lawsuit, the owner claimed
town t�ihance :is narte� dim to have acquired vested rights to
a moratorium is under . � . •••• ,: • -
consideration may act promptly aeTo Hr �h a Anil teat :t° Operate the incinerator. On
to acquire "vested rights" in a co �Tet atrtre Or -a .- r. aPP the Third Department,
.. . : . . ..
.....: .:...: .:..:. . . . :.:. . . . : . , .. .�: :.:.. .: . ..
use before the moratorium takeseyepjmenlak3ch A held, fast, that there had been no
effect . Under what er......rt ` � ' '" d , ::' : ' construction or change to the
circumstances, then, might an -"- ' % ' 1X land itself, and; second, that
do
owner be able to claim that they there was no shaving that the
have acquired a right to build or : . .: . .. ..`. .v.M '' ' : owner could not recoup its
miide-SUfis#atidid a it ii s .: - expenditures to use the property according toP: . .. . .• . . . . , p s in the marketplace-
, . idd
the law as it existed prior to the 'pT?.. # . gffe r�►e ' -bf . . presu mably by selling the stored
:.. do
effective date of a moratorium ` : All1i'71C1?lii?n �'.• : :
&. : :o incinerator. While the absence
The Court of Appeals has ::. : ... . . . : .: :.::: :. f any construction, in and of
. . .: :..:..: ::...
established a rule regarding the itself,.would have been sufficient
obtaining of vested rights which to defeat the owner's claim, the
applies to land-use regulations in general. The rule court held also that the owner' s expenditures,
was fast articulated in People v. Miller,31 and has recoverable as they were, did not constitute the
most recently been restated by the Court in "serious loss" required by the courts in prior cases.
Ellington Construction Corp. v. Zoning Board of
Appeals of the Incorporated Village of New In Steam Heat, Inc. v. .Silva,` the Appe� late
Hempsteaci;32 to wit: `where a more restrictive Division, Second Department upheld the New York
zoning ordinance is enacted, an; owner will be City Board of Standards and Appeals '
permitted to complete a structure or a development determination that the owner had not Accomplished
which an amendment has rendered nonconforming "substantial completion" of his building before a
only where the owner has undertaken substantial moratorium went into effect, even though there was
construction and made substantial expenditures evidence that he had made some expenditures.
prior to the effective date of the amendment." In order to make a successful veste&rights claim,
even where a moratorium has been adopted, an
The application of the above two-pronged test will, owner must still show that he or she has suffered
of course yield results particular to each set of facts. substantial damage by having taken lawful action in
9
05 / 17 / 99 14 : 48 TEL 00000000000000 03
reliance on a prior law-35 (e) Create a good written record. Establish aAft
valid basis for the moratorium with a preamble
Drafting a Moratorium Law which recites the nature of the particular land use
issue, as well as the need for further development of
' By now, there is sufficient case law on the subject the issue in the Community' s comprehensive plan
of moratoria to finnish guidance to those and/or in its current land use regulations. Refer to
community officials desiring to draft one_ The the fact that time is needed for community officials
following precepts should be followed: to comprehensively address the issue, without
having to allow further development during that
(a) Adopt the moratorium in the form of a local time. Such a statement will help make it clear that
law, the strongest form of municipal enactment, the benefits to the community outweigh the
even if the existing zoning regulations are in the potential burden to the landowners.
form of an ordinance. Although it is possible to
amend an existing ordinance via a new ordinance in
Cities and towns, the use of a local law will avoid
Now NO*
>... . . . .
any uncertainty surrounding basic legal authority. :
RA a wow.
(b) In S municipality with an existing zoning om Now .
NO Awdo
MORON �ww
wo
ordinance or law, the moratorimn should be treated "esq's
as an amendment to tbai ordinance or law. The Now '�<: Now ON,
a': ; woo
applicable procedural
ftmor
wow .Pr requxremeats--e. g., notice -.T::wwov; < . :} y_vY �r �� . , e M�
Of. 'RivY O`+v •w. •v. .n+. • � v 4^O.merw .T ^. .owe
hearing and possible county referral—must be ' ' "
. ..
�.
.. •Y. .J` . .. . .. .. . . . . ry •yv 0% P .
. .re. .. . . . ... . .o. . :
strictly followed. > .::..ve :V: <' :}:rm ;'
+ g• e xis s ,�% r
r. v .0 :: �� :. .O R J ..v w.wry v= .nn.J4 `
orium.aS' an a�eii me # wee
(c) The moratoritu should clearly define the :fa .. em.': . h w . • '"
b1e. .;;� ' x r
activity affected, and the manner in which it is < r 4' " ';New.ew, � :
affected. Does the moratorium affect construction ' ; "; : .
'. : Jr :.?thoop*yky �tff d atid:the>.>< :
itself? Does it affect the issuance of ermits? The v. ` .. . • ° : '~=°-~: ;' -'-:
P { 0.
permitting official will want to know this.) Does it " : : "' owwwwwo
affect actions by boards or commissions within the ". ...:... . ~ : �. . .s. . . : : - V .0 o w ` :" �e
municipality? May project review continue or u ` ; : `N " '<° : eA.: .e :v.
} �. .�.. .
Prof ,' oT ?: 'vda�is- r:';f"iI eBr tit
: Ti[�T[
must rt, too, be stopped? : .:..r :: .. .. >., z .rr .�w ew .. ° :
liai is :ii5g :imtt . . . . .; Iom .. w:..
::. .., :;;.. .
v . . : ..: .:Y:.. :.v.v..A. ... ...v. .6 • . n<.L 'Y.OYq• SY . M1 .
.pr-96 d9 iiirs`:. .: : wow e
(d) If the moratorium supersedes any provision : . " . '
. .:
::... . : .
of either the Town Law or the Village Law, then the : _ . A .. , Now
� • ual'ad basis •€or ?i'he:.moratorim:% d Vie "
moratorium must be adopted by local law, using sefi :ii�:agsvi� v�ittenr .�: r " : N wool
N > , Y
Municipal Home Rude Law procedures, and must _ _ . Now
state, with specificity, the section of the Town or r
Now. � th -time eriod that e--x6oratoriu�::.:
V' e Law being superseded, In articular where P
�� g �� p � - �v�l`I�`�c�in� a�%ct. :
the moratorium suspends subdivision approvals, it ~ .
must be made clear in the moratorium law that the 40 wide a=eohamsm,#h;i allows..afeeted : ' .%default-approval provisions of the subdivision lando�vi�eis-to6appl3o far rn ie :fr4j "wow
statutes of the Town or Village Law (as the case
moratorium.:
may be) are superseded.
10
MORATORIUM PETITION
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca , for the following reasons .
1 ) BURGER KING has not yet received required approvals , and it is lawful to include
in a moratorium businesses which have started the application process (David McLeod,
NYS Dept . of State, May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of Ithaca
Comprehensive Plan of 1993 (Town Law 272- a, sect. 11 , (a) , states that zoning
regulations must be in accordance with the Town Comprehensive Plan . The Town' s
zoning ordinance is NOT in accordance with the Town' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood, community ,
lakefront) while the current zoning ordinance designates 5 Business districts (A-E) ) ;
3 ) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium : other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to
include BURGER KING in the moratorium ;
4) It is unfair to residents of the Town , who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for commercial
areas) is being revised , AND when these same residents may have their properties de-
valued by the approval and subsequent construction of BURGER KING (letter from
Joanna Gettinger, local realtor, submitted to Planning Board May 3 , 1999) ;
5 ) The proposed moratorium law , for which a hearing is scheduled on May 17 , 1999 ,
seems to have been written in a way that does not conform to recommended procedure
(Land Use Moratoria, Jan . . 1999 , New York State , Dept . of State, p . 10- 11 )
Given the serious nature of these legal questions , and in the interest of fairness to
citizens , we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan ,
and delay recommending BURGER KING for Special Approval to the Zoning Board of
Appeals until these important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SI N U ADDRESS
M4 K P L� DS / 2- (o 7uJD �iq-G(I !e0 l T72/1-
J _
(7 �ry
CLAA
1.
ATTACHMENT # 2
MORATORIUM PETITION
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons :
1 ) BURGER KING has not yet received required approvals , and it is lawful to include
in a moratorium businesses which have started the application process (David McLeod ,
NYS Dept . of State , May 7 , 1999 ) ;
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of Ithaca
Comprehensive Plan of 1993 (Town Law 272- a , sect . 11 , (a) , states that zoning
regulations must be in accordance with the Town Comprehensive Plan . The Town' s
zoning ordinance is NOT in accordance with the Town ' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood , community ,
lakefront) while the current zoning ordinance designates 5 Business districts (A-E)) ;
3 ) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board , since it is lawful to
include BURGER KING in the moratorium ;
4) It is unfair to residents of the Town , who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for commercial
areas) is being revised , AND when these same residents may have their properties de-
valued by the approval and subsequent construction of BURGER KING (letter from
Joanna Gettinger, local realtor, submitted to Planning Board May 3 , 1999) ;
5 ) The proposed moratorium law , for which a hearing is scheduled on May 17 , 1999 ,
seems to have been written in a way that does not conform to recommended procedure
(Land Use Moratoria, Jan . . 1999 , New York State , Dept . of State , p . 10- 11 )
Given the serious nature of these legal questions , and in the interest of fairness to
citizens , we request that our elected Town Board
1 - direct the Planning Board to delay approving the proposed BURGER KING site plan,
and delay recommending BURGER KING for Special Approval to the Zoning Board of
Appeals until these important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
Clara. � G'ot� � F►, � ,,` ��c-�c� � !��'G!`'"c-� �.G� �L V
Ct
L
MORATORIUM PETITION
ASIOL We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons :
1 ) BURGER KING has not yet received required approvals, and it is lawful to include
in a moratorium businesses which have started the application process (David McLeod,
NYS Dept. of State, May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of Ithaca
Comprehensive Plan of 1993 (Town Law 272-a, sect. 11 , (a), states that zoning
regulations must be in accordance with the Town Comprehensive Plan. The Town's
zoning ordinance is NOT in accordance with the Town's Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood, community,
lakefront) while the current zoning ordinance designates 5 Business districts (A-E)) ;
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to
include BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for commercial
areas) is being revised, AND when these same residents may have their properties de-
valued by the approval and subsequent construction of BURGER KING (letter from
Joanna Gettinger, local realtor, submitted to Planning Board May 3 , 1999) ;
5 ) The proposed moratorium law, for which a hearing is scheduled on May 17 , 1999,
seems to have been written in a way that does not conform to recommended procedure
(Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p. 10- 11 )
Given the serious nature of these legal questions, and in the interest of fairness to
citizens, we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan,
and delay recommending BURGER KING for Special Approval to the Zoning Board of
Appeals until these important legal questions are answered.
2 - include BURGER KING in any moratorium that the town enacts .
NAME SKIN ADDRESS
Mgt K P � �2sG-,.) � ! .. / Z6 1c)D9 FA-tu ,1e0 l TH-4ek
"/-I;7�lee daor'oo*�
Jars i . (4U (2� fc- N
LIJ
t 4r4l rS A5 tlz-�x!`4 jr NV
I I Li V0
ATTACHMENT # 2
MORATORIUM PETITION
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons:
1 ) BURGER KING has not yet received required approvals , and it is lawful to include
in a moratorium businesses which have started the application process (David McLeod,
NYS Dept. of State, May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of Ithaca
Comprehensive Plan of 1993 (Town Law 272-a, sect. 11 , (a) , states that zoning
regulations must be in accordance with the Town Comprehensive Plan . The Town's
zoning ordinance is NOT in accordance with the Town's Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood, community,
lakefront) while the current zoning ordinance designates 5 Business districts (A-E)) ;
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to
include BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for commercial
areas) is being revised, AND when these same residents may have their properties de-
valued by the approval and subsequent construction of BURGER KING (letter from
Joanna Gettinger, local realtor, submitted to Planning Board May 3 , 1999) ;
5) The proposed moratorium law, for which a hearing is scheduled on May 17 , 1999,
seems to have been written in a way that does not conform to recommended procedure
(Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p. 10- 11 )
Given the serious nature of these legal questions, and in the interest of fairness to
citizens, we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan,
and delay recommending BURGER KING for Special Approval to the Zoning Board of
Appeals until these important legal questions are answered.
2 - include BURGER KING in any moratorium that the town enacts .
NAME SI�JN ADDRESS
� �� I'1 � e �-i,�[ �l ✓n/>H � ) 4 iii �''y�,/��f
U,
-rya "n
p//
M evty�:(� C • ( Y e , h �'�'Lrwr/ vw� IV t� v� ! 1 `I Sv U
ATTACHMENT 412
MORATORIUM PETITION
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons :
1 ) BURGER KING has not yet received required approvals, and it is lawful to include
in a moratorium businesses which have started the application process (David McLeod,
NYS Dept. of State, May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of Ithaca
Comprehensive Plan of 1993 (Town Law 272-a, sect. 11 , (a) , states that zoning
regulations must be in accordance with the Town Comprehensive Plan. The Town' s
zoning ordinance is NOT in accordance with the Town' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood, community ,
lakefront) while the current zoning ordinance designates 5 Business districts (A-E)) ;
3 ) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to
include BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for commercial
Allk areas) is being revised, AND when these same residents may have their properties de-
valued by the approval and subsequent construction of BURGER KING (letter from
Joanna Gettinger, local realtor, submitted to Planning Board May 3 , 1999) ;
5) The proposed moratorium law , for which a hearing is scheduled on May 17 , 1999,
seems to have been written in a way that does not conform to recommended procedure
(Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p. 10- 11 )
Given the serious nature of these legal questions, and in the interest of fairness to
citizens , we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan,
and delay recommending BURGER KING for Special Approval to the Zoning Board of
Appeals until these important legal questions are answered.
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
. F P
r '
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA , support the inclusion of the
proposed BURGER KING in a moratorium on commercial development in the Town of Ithaca, for
the following reasons :
1 ) BURGER KING has not yet received required approvals , and it is lawful to include in'
moratorium businesses which have started the application process (David McLeod,
NYS Dept. of State, May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until
the Town Of Ithaca Zoning Ordinance is brought into compliance with the Town
of Ithaca Comprehensive Plan of 1993 (Town Law 272- a, sect. 11 , (a) , states that zoning
regulations must be in accordance with the Town Comprehensive Plan . The Town 's zoning
ordinance is NOT in accordance with the Town 's Comprehensive Plan because the Comprehensive
Plan distinguishes 3 commercial zones (neighborhood , community, lakefront) while the current
zoning ordinance designates 5 Business districts (A -E)) ;
3) The town of Ithaca may be putting itself in legal jeopardy by excluding
BURGER KING from a moratorium : other businesses hoping to locate in the area may
claim special treatment for BURGER KING from the Town Board , since it is lawful to include
BURGER KING in the moratorium;
4) It is unfair to residents of the Town , who elect the Town Board , to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial development
while the zoning ordinance (including zoning regulations for commercial areas) is being revised,
AND when these same residents may have their properties de- valued by the approval
and subsequent construction of BURGER KING ( letter from Joanna Gettinger ,
local realtor, submitted to Planning Board May 3 , 1999) ;
5) The proposed moratorium law, for which a hearing is scheduled on May 17 , 1999 , seems to
have been written in a way that does not conform to recommended procedure (Land
Use Moratoria , Jan . . 1999 , New York State, Dept. of State , p . 10- 11 )
� xX � � Kxx cxXX :� :� � r � xxxxkxk � � k =k � � * � =kkx � �: x * � kk � xxXx � � x � a: :� � � � � xx � � kx •r• xxxx � x � =k � � � � kk
F K M >F >K � JK >,CYXJ;CY
Given the serious nature of these legal questions, and in the interest of fairness to citizens , we
request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan , and delay
recommending BURGER KING for Special Approval to the Zoning Board of Appeals until these
important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
/J i
�9
l �
Ja C_: ���; � C 4��1L�J � _ Zi��.2e��J IRIn (� T2e-e=-� 1/7�0 =j=�{Ykcq(
ATTACHMENT #3
11tt
� �f ► �s l� l i/ ea ,2D P1 e 12e,
f
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons :
1) BURGER KING has not yet received required approvals, and it is lawful to include
in a moratorium businesses which have started the application process (David
McLeod, NYS Dept. of State, May 7, 1999);
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of
Ithaca Comprehensive Plan of 1993 (Town Law 272-a, sect. 11, (a), states that zoning
regulations must be in accordance with the Town Comprehensive Plan. The Town' s
zoning ordinance is NOT in accordance with the Town' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood,
community, lakefront) while the current zoning ordinance designates 5 Business
districts (A-E));
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to include
BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for
commercial areas) is being revised, AND when these same residents may have their
properties de-valued by the approval and subsequent construction of BURGER KING
(letter from Joanna Gettinger, local realtor, submitted to Planning Board May 3,
1999);
5) The proposed moratorium law, for which a hearing is scheduled on May 17, 1999,
seems to have been written in a way that does not conform to recommended
procedure (Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p . 10-11)
Given the serious nature of these legal questions, and in the interest of fairness to
citizens, we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site
plan, and delay recommending BURGER KING for Special Approval to the Zoning
Board of Appeals until these important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
yE�� X� . a4G
ITT LEwis V4
y / C7 4_ . ?Z40/.
6Y1 U � � C Q2 /O/ a (,g rod ot.)
LO Anne IJ fl R.S �l-1 "^^
H6rrl �T ' l a � �r� 7n � GC 7T�ro � . 6r -
r i h o f - - ��c (s'. Uao�e-r
P41XICIA corn �� � 6u lei)
-vtarle �5ckndCrs0vi 61 ;210 �v00 pv-
Oh
mar,( ( , 3 a V[ �6 l uc �r � .C�'�a l� Y���� kw/
fj94
I LA
sm
?LTr
o j- C A*s Riv D)l i vL,
W hk
Gar ��'S5ct�
U
20 EA!zsTsjX 4 c( & 0 Ik
/z 6-a
c
We , the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion of the proposed
BURGER KING in a moratorium on commercial development in the Town of Ithaca , for the following reasons:
1 ) BURGER KING has not yet received required approvals, and it is lawful to include in a moratorium
businesses which have started the application process (David McLeod , NYS Dept. of State , May 7 , 1999) ;
2) A moratorium on all development in commercial zones may be required until the Town Of Ithaca
Zoning Ordinance is brought into compliance with the Town of Ithaca Comprehensive Plan of 1993
(Town Law 272-a , sect. 11 , (a) , states that zoning regulations must be in accordance with the Town
Comprehensive Plan . The Town's zoning ordinance is NOT in accordance with the Town's Comprehensive
Plan because the Comprehensive Plan distinguishes 3 commercial zones (neighborhood , community , lakefront)
while the current zoning ordinance designates 5 Business districts (A- E)) ;
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER KING from a
moratorium : other businesses hoping to locate in the area may claim special treatment for BURGER KING
from the Town Board , since it is lawful to include BURGER KING in the moratorium ;
4) It is unfair to residents of the Town , who elect the Town Board , to exclude BURGER KING when many
residents are asking for a complete moratorium on commercial development while the zoning ordinance
(including zoning regulations for commercial areas) is being revised , AND when these same residents may
have their properties de-valued by the approval and subsequent construction of BURGER KING (letter
from Joanna Gettinger, local realtor, submitted to Planning Board May 3, 1999) ;
5) The proposed moratorium law, for which a hearing is scheduled on May 17 , 1999 , seems to have been
written in a way that does not conform to recommended procedure (Land Use Moratoria , Jan . . . 1999 ,
New York State, Dept . of State , p. 10- 11 )
Given the serious nature of these legal questions , and in the interest of fairness to citizens, we request that our
elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site plan , and delay
recommending BURGER KING for Special Approval to the Zoning Board of Appeals until these important legal
questions are answered .
2 - include BURGER KING in any moratorium that the town enacts.
NAME SIGNATURE ADDRESS
Er
1 - -ot� s � nQ- t. g 5u Pads
i .
L41z -TEL 1�c o, Q1� �v � c,z
(Z YCANPN3� ct 61e
0 k wizl A K
Dri " 4- oA F^ r Vtti � l 1 i o M r 'Im% tt 40k � (a r+� vnel 1 crl � 1
i
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons:
1) BURGER KING has not yet received required approvals, and it is lawful to include
in a moratorium businesses which have started the application process (David
McLeod, NYS Dept. of State, May 7, 1999);
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance wth the Town of
i
Ithaca Comprehensive Plan of 1993 (Town Law 272-a, sect. 11, (a), states that zoning
regulations must be in accordance with the Town Comprehensive Plan. The Town' s
zoning ordinance is NOT in accordance with the Town' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood,
community, lakefront) while the current zoning ordinance designates 5 Business
districts (A-E));
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium: other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to include
BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for
commercial areas) is being revised, AND when these same residents may have their
properties de-valued by the approval and subsequent construction of BURGER KING
(letter from Joanna Gettinger, local realtor, submitted to Planning Board May 3,
1999);
5) The proposed moratorium law, for which a hearing is scheduled on May 17, 1999,
seems to have been written in a way that does not conform to recommended
procedure (Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p . 10-11)
Given the serious nature of these legal questions, and in the interest of fairness to
citizens, we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site
plan, and delay recommending BURGER KING for Special Approval to the Zoning
Board of Appeals until these important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
1150 U ;CX a4- ZOL C G.�-e % �i, e jt,
apt 0-y� o K ACD je��e__
ATTACHMENT �� 4
M Aa TUk1i i J ► r �r l�i� C r- z 1�-tle
a , \ i,, p� t �� ice. ( Lf o
�J ✓"v'-( Vj - V✓ /t2 _
LEM, lot
AL
We, the undersigned RESIDENTS OF THE TOWN OF ITHACA, support the inclusion
of the proposed BURGER KING in a moratorium on commercial development in the
Town of Ithaca, for the following reasons :
1) BURGER KING has not yet received required approvals, and it is lawful to include
in a moratorium businesses which have started the application process (David
McLeod, NYS Dept. of State, May 7, 1999);
2) A moratorium on all development in commercial zones may be required until the
Town Of Ithaca Zoning Ordinance is brought into compliance with the Town of
Ithaca Comprehensive Plan of 1993 (Town Law 272-a, sect. 11, (a), states that zoning
regulations must be in accordance with the Town Comprehensive Plan. The Town' s
zoning ordinance is NOT in accordance with the Town' s Comprehensive Plan because
the Comprehensive Plan distinguishes 3 commercial zones (neighborhood,
community, lakefront) while the current zoning ordinance designates 5 Business
districts (A-E));
3) The town of Ithaca may be putting itself in legal jeopardy by excluding BURGER
KING from a moratorium : other businesses hoping to locate in the area may claim
special treatment for BURGER KING from the Town Board, since it is lawful to include
BURGER KING in the moratorium;
4) It is unfair to residents of the Town, who elect the Town Board, to exclude BURGER
KING when many residents are asking for a complete moratorium on commercial
development while the zoning ordinance (including zoning regulations for
commercial areas) is being revised, AND when these same residents may have their
properties de-valued by the approval and subsequent construction of BURGER KING
(letter from Joanna Gettinger, local realtor, submitted to Planning Board May 3,
1999);
5) The proposed moratorium law, for which a hearing is scheduled on May 17, 1999,
seems to have been written in a way that does not conform to recommended
procedure (Land Use Moratoria, Jan . . 1999, New York State, Dept. of State, p . 10-11)
******************************************************************************************
Given the serious nature of these legal questions, and in the interest of fairness to
citizens, we request that our elected Town Board
1 -direct the Planning Board to delay approving the proposed BURGER KING site
plan, and delay recommending BURGER KING for Special Approval to the Zoning
Board of Appeals until these important legal questions are answered .
2 - include BURGER KING in any moratorium that the town enacts .
NAME SIGNATURE ADDRESS
Ca hri e/ e C , e9o10/- 8ocleos adz 4 " Pepe � 12 q % rPI/i���r.
A�D HE KprA) -r �j> AVG RawmQf-a,�—. rl 6' ,k- Lotov�
USv � � AUE
624 77 , Sv � )r�jy ✓l �Fvl CM0
Lei, reri
bZi/La J / lel 7 tJeS Vi%,e .J La .7 -e
ha u a �4s t&,,e 1
�Y
/44,�-F I c
Cz
GZ �A, S Pte, `1 �� `�`'� i �a� ,�f Qcal
r r r r r (n D W n o
cn Z
D D D D D ii N• (n 3 w � 3 En L-i CD
3 3 3 3 w v p o
y o vw u`D N m N > >o O O o v
J n CD O 2
w m Q CD o 3 �<
T
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1 Z 3
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N
O N N \ (O co (D N A CT O co .0.
N W N N N N N 1 y
Cn A O O) O 01 un W W A O) CO D
(O w co CO (D (O O O W O (O CO co
O O Ln 0 CD m V V OD OD CA co
D O cn cn m cn -i Z cn n cn W cn r n n w cn co
w < cc CD En 0c m �_ c w o w N w m
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N O 2 ? O O w 3 w (p' 7 -�. O N Q 3 0 c C.
3 m n N w 1 ? O 7 x > > a a
O Z3 o n D co w a D D N. DNN7. N y 20 n
D { CD 0 D D m 0 N D D F
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w w w 3 m c_ w - w w w w w o
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ATTACHMENT # 5
May 17 , 1999
Re : CHRONOLOGY OF APPPLICATION PROCEDURE FOR SITE PLAN APPROVAL BY ROWE
RESTAURANT MANAGEMENT INC . ( BURGER KING FRANCHISE )
Oct. 10 , 1998-- Meeting with Cornell real estate department about traffic and landscape issues
raised by town planning department.
Oct. 29 , 1998-- Bob Rowe , Dave Herrick ( T . G . Miller Engineers ) , meeting with planning department
personnel and Dan Walker about site issues .
Nov. 6 , 1998-- Submit sketch plan review package to town planning department.
Dec. 1 , 1998-- Sketch Plan Review hearing before town planning board
Dec. 8 , 1998-- Meeting with Cornell real estate department about resolving issues raised at
sketch plan review hearing
Dec. 23 , 1998-- Bob Rowe , Dave Herrick meeting with planning department personnel about our
proposed changes due to issues raised at 1211 /98 meeting .
Dec. 29 , 1998-- Bob Rowe , Dave Herrick meeting with Cornell real estate department about Citgo
entry and East Hill Plaza parking lot improvements .
Feb . 12 , 1999-- Bob Rowe meeting with Cornell real estate department to resolve issues related
to lighting , pedestrian traffic, and landscaping .
Feb . 22 , 1999-- Bob Rowe meeting with town planning department personnel about our proposed
project revisions to address town concerns .
Feb . 24 , 1999-- Bob Rowe , Dave Herrick meeting with Bob Andre (Andre Petroleum) to review our
proposed reconfiguration of the Citgo entry .
Feb . 25 , 1999-- Submit to town Design Review Application ( including LEAF ) , full size drawings ,
Stormwater Management Study , and Final Traffic Impact Study .
Mar. 16 , 1999-- Bob Rowe meeting with town planning department personnel about various site
issues
Apr. 6 , 1999-- SEQR determination hearing before the town planning board .
Apr. 12 , 1999-- Bob Rowe , Dave Herrick, Town planning department personnel , Cornell real estate
department, & archeological experts meet at the proposed Burger King site to
review archeological issues .
Apr. 20 , 1999-- Planning board meeting to determine if site has archeological significance .
May 4 , 1999-- Preliminary Site Plan Approval public hearing .
May 17 , 1999-- Town of Ithaca board meeting about moratorium on drive thru business
May 18 , 1999-- Preliminary Site Plan Approval hearing before town planning board
NOTE : THE ABOVE DOES NOT INCLUDE TIME SPENT BY THE APPLICANT, HIS
PROFESSIONAL ENGINEER , DAVE HERRICK, HIS TRAFFIC ENGINEER , LARRY
TURCHIN , OR HIS COUNSEL, BILL SELDIN , IN RESEARCHING , DEVELOPING ,
AND RESPONDING TO THE NUMEROUS SUBSTANTIVE ISSUES PRESENTED
BY THIS PROCESS .
PAGE1
ATTACHMENT # 6
5. Use of the Bmoses
A . Tenant shall use the Premises for the purpose of constructing and operating thereon a Burger King
restaurant building serving products customarily associated with the operation of_ a Burger King restaurant and for no
other purpose without Landlord's prior written consent in each instance, which may be withheld i the proposed use will,
in Landlord's sole discretion, be detrimental to the orderly development and operation of the Plaza. In no event shall the
Premises or an on thereof be used for: a food supermarket, a retail butcher shop or treat store specializing in the
sale of fresh of frozen meat, poultry or fish or any combination thereof, a bakery or delicatessen, a dairy store, variety
store, a stone conducting as its primary business the retail sales of bagels, sale or cons on of any alcoholic
beverages, the operation of a first class full line restaurant and cocktail loun4e selling alcoholic verages by the drink
for on-premises consumption, a Chinese food restaurant, a bank or financial institution, drug store, or for the selling of
merchandise requiring the presence of a reggitstered pharmacist or for the sale of health and beauty aids, laundry and dry
cleaning services. beauty parlor, barber sh lop, discount beer and beverage (soft drinks) sales and supplies, the
operation of an establishment offering the provision of goods, services, or amusements from which party
would
customarily be excluded because of the sexually explicit nature thereof or for any other reason, such as adult book
stores, massage parlors, brothels, public or private bathhouses escort services, adult movie theaters, adult video or
movie arcades or other establishments which display adult movies or adult video recordings, or establishments which
display erotic, strip, nude or semi-nude dancers, or an abortion clinic or clinic offering abortions among its services.
( 1 .) Landlord shall not, without prior written consent of the Tenant, lease or permit the occupancy of an
Plaza and/or the land controlled by Landlord (excluding Cornell University in halls shown on portion of the
the operation of a Burger King franchise or a fast food establishment with "
ith a driSe-thrri operation serving
interest is the Plaza. 1�Veridy's, Taco Bell or McDonald 's. This provision does not apply to any existing leasehold
B . Tenant shall comply with all federal, state, county and municipal laws, regulations and ordinances
affecting the Property or any portion thereof and shall procure and maintain in force during the Term all
authorizations and licenses necessary for Tenant's use or operation of in the Premises or an pets'
without limitation, the making, placing, maintaining or altering of the Improvements or any portion
n thereof).enani
INMAL.SCli
Landlord Tenant
5
I r
Exhibit " B "
Exhibit 4113 " ` I
A
Landlord and Tenant acknowledge noncompete area includes ns�
Cornell properties within 300114 ofthe highlighted roadways as
shown .
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Agenda # g
MAY 11 1999
May 14, 1999
ATTEST O `{ S
Ms. Catherine Valentino ITHACA TOWN CLERK
Town Supervisor, Town of Ithaca
126 East Seneca
Ithaca, New York 14850
Dear Ms . Valentino :
This letter is to support the construction of a Burger King restaurant at the East Hill
Plaza.
I have no financial interest in Burger King, nor do I know the individual who proposes to
construct the Burger King. (I have been known to eat a Burger King "Whopper Jr. ")
The decision to allow Burger King to build at East Hill Plaza will be a difficult decision for
the Town Board . It is clear that the opposition has mounted an extensive campaign to
argue against construction. As an elected representative of the public, it would seem
logical, prudent, and correct to follow the wishes of what appears to be wanted by your
constituents. However, bowing to these interests would not be morally correct .
Arguing that this is a moral decision may seem extreme, but there are no valid reasons for
excluding Burger King from serving Eastern Heights and the larger community. Burger
King is a legitimate retail business. It may not be an upscale restaurant, and thus deemed
as an inferior dining facility for those that have an ` elitist ' attitude, but the arguments I
have heard against the construction are red herrings . If applied to the other businesses
currently at East Hill Plaza, many of those businesses would not have been allowed to
open .
I doubt if you have received many letters like mine, but from your political experience you
know that many who are feel weakly about issues do not speak up . Yet those people are
also your constituents .
Sincerely,
Loren Tauer
211 Eastern Heights Drive
Ithaca, New York 14850
ATTACHMENT # 7
11 .1_:1: : . . . . . . 1111 . .--- -� - •- - - . . .- . . . .. . . . . . 1111 . 1111 - -
.� _. .._. . .-_ 1111 . , . ...� .. . . _ • . _, _ _� _ _ . . .
� LOCdI �aW Flling NEW YORK STATE DEPARTMENT OF STATE
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.
fit$'
ITHACA
Townof ............................... ............................. ............................................................
�l
6 of the year 19 99
Local Law No . ........................................ .1119
A local law .PROVIDING F,R..A,.k1QU.IOAIVX..RI�G.E�"ING .THE CONSTRUCTION OF DRIVE-THROUGH 11.11 .... ......1.1...1....1...1.00.4.... ..............•---
(Insert Title) BUSINESSES FOR A PERIOD OF NINE MONTHS .
Beit enacted by the ................... .......TA1 0... 04,i=..................................... .. ........ .............................. ... .........of the
(Name of Legislative Body)
ITHACA ............ as follows:
Townof ............... ........H ........................................................................_..................................
( SEE ATTACHED )
(If additional space is needed, attach pages the same size as this sheet, and number each . )
( 1 ) ATTACHMENT # 8
TOWN OF ITHACA
LOCAL LAW NO . 6 OF THE YEAR 1999
A LOCAL LAW PROVIDING FOR A MORATORIUM
REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES
FOR A PERIOD OF NINE MONTHS
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . Findings and Purpose . The Town Board of the Town of Ithaca finds :
1 . The Town of Ithaca Zoning Ordinance does not presently distinguish between
businesses that have drive-through facilities , such as drive-through banks and restaurants , from
similar businesses that do not include such drive-through facilities ;
2 . Drive-through facilities present special problems , particularly in relation to traffic
volumes and traffic patterns by reason of easier vehicular access , thereby likely increasing the
number of vehicles that must be accommodated both on and off site ;
3 . Regulation of certain types of drive-through businesses in a manner supplementary
to , or in manner different from , other establishments may be necessary or desirable to
appropriately deal with concerns such establishments may create ;
4 . The Town Board has requested the Town Planning Department and the Town Codes
and Ordinances Committee to begin the careful study of the effects of drive-through businesses
on the community and surrounding properties , the appropriate locations in the Town for such
businesses , and the amount of regulation , if any , necessary to address problems such businesses
create ;
5 . It is anticipated that the study can be completed , and legislation, if needed , drafted
and properly adopted within nine months of the adoption of this local law ;
6 . It would be unfair to alter the requirements relative to any drive-through business for
which an application for approvals is pending . However, the purposes of any new legislation
would be significantly subverted if multiple new applications for site plan approval or special
approvals of drive-through businesses were to be entertained and possibly approved before the
study could be completed and legislation considered ;
7 . Accordingly , in order to maintain the status quo relative to such drive-through
businesses during the limited time the Town needs to complete such study and adopt such
legislation, it is necessary to adopt this local law .
Section 2 . Definition . The following definition applies to this local law :
I
Drive-th.11 wp51 /ith/locallaw May 13, 1999 3:48pm
" Drive-Through Business " is a business which in whole or in part sells a product or
provides a service to persons who may obtain such product or service while remaining
sitting in his or her motor vehicle through the use of a drive-up window , drive-up
machine , drive-through lane , or other similar facility . Examples of a Drive-Through
Business include , but are not limited to , banks with drive-through tellers or cash
machines , restaurants with drive-up windows , and drive-through pharmacies . A
business which sells products or services out of a building which contains both drive-
through facilities and more traditional indoor facilities is considered a " Drive-Through
Business " even if only a small fraction of the enterprise ' s business is derived from drive-
through activities .
Section 3 . Prohibition of Drive-Through Businesses . For a period of nine months from
the date of enactment of this local law , except as expressly permitted below , no new Drive-
Through Business shall be established or permitted in the Town of Ithaca .
Section 4 . Implementation of Prohibition. Except as expressly permitted below , for a
period of nine months from the enactment of this local law
1 . No Town official shall accept for filing any application for the establishment of a
Drive-Through Business ;
2 . The Town Planning Board shall not grant any approvals , preliminary or final , for any
site plan or subdivision involving , or related to , the establishment of a Drive-Through Business ;
3 . The Town Zoning Board of Appeals shall not grant any special approval or variance
permitting the establishment of a Drive-Through Business ; and
4 . The Town' s Code and Zoning Enforcement Officer shall not issue any building or
other permit for any construction or change of use that is related to , or would result in the
establishment of, a Drive-Through Business .
Section 5 . Pending Applications . Notwithstanding the provisions of Sections 3 and 4
above , the enactment of this local law shall not affect
1 . The continued operation of any Drive-Through Business legally established prior to
the effective date of this law ; or
2 . Modification of any legally established Drive-Through Business provided the
modification
(a) Is in accordance with all other laws and ordinances of the Town including
any provisions requiring a site plan modification, and
2
Drive-th.11 wp51 /ith/locallaw May 13, 1999 3:48pm
(b) Does not increase the number of drive-through lanes or drive-up windows ,
or otherwise modify the facility in a manner causing an increase in the number
of vehicles arriving and departing the facility or causing a change in vehicle
traffic circulation at the facility .
3 . The processing of any applications for establishment of a Drive-Through Business ,
including any applications for site plan approval , special approval , variance , building permit,
or other similar approval or permit , the process for the obtaining of which approval or permit
was commenced prior to May 10 , 1999 . For this purpose , the process shall be deemed
commenced if a formal , completed application for any one of the following has been filed with
the appropriate authorities of the Town: Special Approval , Site Plan Approval , Variance , or
Building Permit. In the event the first step in the process involves one of the foregoing and it
is reasonably anticipated that successive steps may require applications for other permits (e . g .
an application for site plan approval has been submitted , but an application for a building permit
will be filed upon obtaining site plan approval) , an application shall be deemed pending if the
first of a series of such applications has been filed .
Section 6 . Penalties .
1 . Any person establishing or conducting a Drive-Through Business in violation of this
law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of
New York .
2 . In the event of an unlawful establishment of a Drive-Through Business , in addition
to any other remedies available to the Town, the proper authorities of the Town may institute
any appropriate action or proceeding to enjoin , prevent, restrain, correct or abate such violation
or any occupancy in violation of this local law .
Section 7 . Term . This local law shall be in effect for a period of nine months from its
effective date , provided , however , that the penalty section shall remain in full force and effect
after such nine month period for the purpose of prosecuting any violation which occurred during
such nine month period .
Section 8 . Applicability . This local law shall apply to all areas of the Town of Ithaca
outside the Village of Cayuga Heights .
Section 9 . Partial Invalidity . If any provision of this law is found invalid by any court
of competent jurisdiction , such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 10 . This local law shall take effect ten days after publication of this local law
or an abstract or summary of same in the Ithaca Journal .
3
( 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 . 6 of 19 99
of the (jUaunt:y#Gity)(Town)tWHag0 of ITHACA was duly passed by the
TOWN BOARD on MAY 17th 19.�, in accordance with the applicable provisions of law.
ame 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.
VName adoption by referendum .)
ertify that the local law annexed hereto , designated as local law No . _ of 19
unty)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved )( repassed after
gislative Body
disapproval) by the on 19_. Such local law was
Elective Chief Executive Officer
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 on 19_. Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19 ,
in accordance with the applicable provisions of law.
trlective
Chief Executive Officer means or includes the chief executive officer of a county elected on a
nty- 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 with the power to approve or veto local
laws or ordinances .
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
f the City of having been submitted to referendum pursuant to
he provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
f a in 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 Election 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 certificatioli . )
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, Qift Townwiftioxi CCeerk
or officer designated by local legilsative body
(Seal) - Date: MAY 18 . 1999
( Certification to be executed by County Attorney , Corporation Counsel , Town Attorney , Village Attorney or
other authorized Attorney of Iocality. )
STATE OF NEW YORK
COUNTY 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 the local law annexed hereto .
ZZ
Signatu
TORNEY FOR THE TOWN
Title
of ITHACA
Town
Date:
( 3 )
OFIp
a TOWN OF ITHACA
�� �og� 126 EAST SENECA STREET , ITHACA , N . Y. 14850 v
� 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 5/17/99
Agenda Item No . 9
RESOLUTION ADOPTING THE LOCAL LAW PROVIDING FOR A MORATORIUM
REGARDING THE CONSTRUCTION OF DRIVE-THROUGH BUSINESSES FOR A
PERIOD OF NINE MONTHS
Resolution No , 86
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 May 17 , 1999 at 6 : 30 P . M . to hear all
interested parties on a proposed local law entitled "A LOCAL LAW PROVIDING FOR A
MORATORIUM ON THE CONSTRUCTION OF DRIVE-THROUGH BUSINESSES FOR A
PERIOD OF NINE MONTHS ; " 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 Part 617 of the Implementing Regulations pertaining to Article
8 (State Environmental Quality Review Act) it has been determined by the Town Board
that adoption of said proposed local law is a Type II action and therefore not subject to
environmental review under SEQR ; and
WHEREAS , the Tompkins County Planning Department has reviewed said law and
issued a letter pursuant to the applicable provisions of the General Municipal Law stating
that such Department finds no deleterious effects resulting from the adoption of said law;
and
WHEREAS , the local law was referred to the Town of Ithaca Planning Board , which
recommended its adoption to the Town Board ,
NOW, THEREFORE , be it
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law
entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE
CONSTRUCTION OF DRIVE-THROUGH BUSINESSES FOR A PERIOD OF NINE
MONTHS" , a copy of which is attached hereto and made a part of this resolution ; and it
is further
TB Mtg . 5/ 17/99
Agenda Item No . 9
Res. No . 86
Page 2 .
RESOLVED , that the local law or an abstract or summary of same be published in the
Ithaca Journal as soon as practicable after its adoption ; 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.
MOVED : Councilwoman Russell
SECONDED : Councilwoman Harrison
ROLL CALL VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye ; Councilman Wolff, aye . Carried unanimously.
Joan Lent Noteboom , Town Clerk
OF 14%
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 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) :
PUBLIC HEARING DATE : "A LOCAL LAW PROVIDING FOR A MORATORIUM
REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES FOR A
PERIOD OF NINE MONTHS".
Location of Sign Board Used for Posting : Town Clerk's Office
126 East Seneca Street
Ithaca , NY 14850
LEGAL ADVERTISEMENT
Date of Posting : Wednesday, May 5, 1999
Date of Publication : Friday, May 7, 1999
Town Clerk, Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this . day of
to ublic
A1710 F. C" RVILL
: . v'85iJU
_-
tt
JVkl
7} Y > M1
a s aY
- "PUBLIC4HEARIN6
- 11 NOTICE
PLEASE TAKE}NOTICE ' tFat
the Town Board of the ,Town
of Ithaca will hold, q public ,
hegrin`g` at "a ' ieguI Fr Town;
Boar` 'mee fin
gg "on May :_17; .
1999; at 6130` . m „gt_ the:
,
Town Hall 126 East Seneca'L
SfreeF Ithaca, New Yark�m'
order:'- that tfie5:_. overnin '
own Board may
A LOCALLAW,PR-.'consider;
OVIDING
OR 'A"-MORATORIUMt R�' •
3ARDING'-- THE€:ESTABLISH F
�AENT-, OR DRIVETHROUGH
3USINESSES,F,ORA PERIOD>_
DF.NINE N10NTH5"; and _. "
)LEASE''TAKE fU,RTHER NQ?.
rICE all �dizeiis x at the: '*
�forementwned 'time andA
place shall be_afforde. 'J 'e
opportunity to voice their aP ;: -
proval '; or opposition to Ihe``'
said local law,; and
PLEASE TAKE FURTHER NO
TICEi , individuals: wdh visual:+
imPdirments^<+hearing imp"dir:�1 •
menis o�:'other speaal needs>1
wdhbe pro5ided; with assi"s; '
-a
tance •ds n`ec"essary, upon r.
quest. `Per'sons;_desiring , assis 7
Lance; must makJe a request .,`
not>less: than+48- hours' ppnor; •
to iHee.time 'of-the public he'6 "
t • Joan Lent. Noteboo_rir
< Town •Cleik`;
Maly 7,. 1999•'.',
PUBLIC HEARING NOTICE
PLEASE TAKE NOTICE , that the Town Board of the Town of Ithaca will hold a
public hearing at a regular Town Board meeting on May 17 , 1999 , at 6 : 30 p . m . , at the
Town Hall , 126 East Seneca Street, Ithaca , New York in order that the governing Town
Board may consider, "A LOCAL LAW PROVIDING FOR A MORATORIUM
REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES FOR A
PERIOD OF NINE MONTHS" ; and
PLEASE TAKE FURTHER NOTICE , all citizens at the aforementioned time and
place shall be afforded the opportunity to voice their approval or opposition to the said
local law, and
PLEASE TAKE FURTHER NOTICE , individuals with visual impairments , hearing
impairments or other special needs , will be provided with assistance as necessary,
upon request. Persons desiring assistance must make a request not less than 48
hours prior to the time of the public hearing .
Joan Lent Noteboom
Town Clerk
May 5 , 1999
}
PUBLISH : Friday, May 7, 1999
I
7, l9gc
PUBUC_HEgRING
' NOTICE
PLEASE TAKEkNOTICEi that
the . Town Boa�d`oF `the Town
of Ithaca wJl,. hold a pufft -
hearing of d regular
Board.,meetingg `on May I`
1499; at 6:3Q pp m at the.
T6wnwH011 126 East Sen'ecd'',
Street; Ithaco; New York'in
order ;, that e o ,emir '•
own Board `,may considiii%m
A LOCAL LAMPROVIOINFa " T
OR A:°--MORATORIUM` W .
CARDING} THE§ BTAQS
v1EN?=OF DRIV _THROUt3,
3USIIyESbES FOR � PERIb�
�F;,IVINE MONTHS, , and_; •-
'LEASE' TAKE FURTHER NO
ri - ell �ihiens at Fthe
Aforementioned time on
place shell be afforded;the "
opportunity ro yoke then ap
proval or opp6sihon to
slid local law," and
PLEASE TAKE FURTHER NO
TICE; in' ividuals ` wifh visual=
Impairments he {ng tmpOlt-
meets orother speFial needs
A 'be'Provtded wtfh assts 3'
ranch os necessary= upon
gw4t. Persons desiring , asus ;J
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tng Joan Lent.Noteboom_ •
Towri Glerk`�.`
May 7, 1999;
Agenda Item No . 21 (a)
TOWN CLERK'S MONTHLY REPORT
April 1999
Presented : Town Board Meeting , May 17, 1999
Town Clerk 's Report: The Town Clerk and the Deputy Town Clerk attended the 17th
Annual Conference of the New York State Town Clerks Association on April 25-28 ,
1999 in Syracuse , New York. The following training sessions were attended :
Department of Environmental Conservation (Hunting/fishing licenses) - Report
was given by Peg Sauer, Principal Wildlife Biologist III . State will be increasing the fees
by 20 % for both hunting and fishing licenses beginning August 1999 , Ms. Sauer stated
the DEC is working on changing the revenue fee retained by the Town Clerks for the
sale of licenses. The State is proposing the revenue be based on a percentage of the
total sale instead of the $ 1 . 00 per license revenue now received . As an example, for
the sale of a Sportsman license we now receive $ 1 . 00 , with the change we would
probably receive $ . 38 or 10 % of the license cost.
The NYS Town Clerks Association adopted a resolution at the conference urging the
Legislature of the State of New York to support increasing the amount of the license fee
retained by the municipality to $3 . 00 each . Hopefully, the legislature will heed the
resolution of the Town Clerks Association as the present $ 1 . 00 fee does not cover the
administrative costs associated with issuing licenses , and the proposed percentage
amount would be even worse.
Electronic reporting and submission of license fees will be mandatory by the year 2001
for each municipality.
Department of Agriculture and Markets (Dogs) - The training session was an
overview of Article 7 of the Agriculture and Markets Law including dog licensing , dog
control, municipal shelters and the NYS Animal Population Control Program . The NYS
Town Clerks Association adopted a resolution urging the Legislature to discourage the
licensing of cats in the State of New York.
Are You Ready for the Year 2000 - The Center for Technology in Government
provided information on the steps municipalities need to take to be ready for the "Y2k' .
Basics of Tax Collection - This session discussed tax collection from legal and
banking aspects .
Vital Records (Marriage Licenses) - Training addressed problems , use of correct
forms , areas of concerns , and reporting of marriages.
Fraudulent Identification , How To Tell The Real Thing - John J . Ingham , District
Director of the Immigration and Naturalization Services provided document training
ATTACHMENT # 9
TOWN C L E RK ' S M O N T H L Y REPORT
'GOWN OF ITHACA , NEW YORK APRIL , 1999
T'O THE SUPERVISOR : PAGE 1
Agenda ++
p nrsaaat to Section 21 , Sabd I of the Torn Lav , I hereby make the fol loving. statement of slI fees and moneys received by me
in connection With my office during the month stated above , exceptiog only such fees and moneys the application and payment
i which are otherwise provided for by law :
1998 SPORTING LICENSES
1999 SPORTING LICENSES 7950
7 MARRIAGE LICENSES NO . 99010 TO 99016 61 . 25
AGRICULTURE REPORT
COPY AERIAL PHOTOS
10 MISC . COPIES 41 . 80
COMPREHENSIVE PLAN
ENVIRONMENTAL REVIEW
2 MARRIAGE TRANSCRIPT 20 . 00
NOISE ORDINANCE
RETURNED CHECK - CLERK
RETURNED CHECK-TAXES
RETURNED CHECK- W&S 7 . 00
OPEN SPACE REPORT
POSTAGE
SIGN ORDINANCE
SUBDIVISION REGULATIONS
13 TAX SEARCH 65 . 00
WATER & SEWER SEARCH
6 ZONING ORDINANCE 51 . 00
^ 1255 TOTAL TOWN CLERK FEES 253 . 55
A1555 83 DOG ENUMERATION AT $ 1 . 00 EACH 83 . 00
A1556 _ I SPCA CONTRACT 432 . 90
A1557 SPCA IMPOUND FEES 70 . 00
A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
BINGO FEES
A2540 TOTAL A2540
A2544 83 DOG LICENSES AT $ 2 , 00 EACH - 166 _ 00 .
Paid to Supervisor for General Fund 14005 . 45 _
Paid to NYS DEC for 1999 Sporting Licenses 104 , 50
]Paid to County Treasurer for Dog Licenses 159 . 60
Paid to Ag & Markets for Dog Licenses 48 . 00 _
Paid to NYS Health Department for Marriage Licenses 78 . 75
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Bingo Licenses
Total Disbursements 19396 . 30
MAY 31 1999 c"z" f 1�.` '` SUPERVISOR
STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA
JOAN LENT NOTEBOON , being duly sworn , says that she is the Clerk of the TOWN OF ITHACA
that the foregoing is a full and true statement of all Fees and moneys received by her daring the month above stated ,
excepting oaly each Fees the application and payment of which are otherwise provided for by law .
Subscribed an ora to before me this
Tova Clerk
day of 19w _
AL'4ED F. C.' RVlll.
FAmr rubi';, ;; :are er Mew YcA
J�I�i2G in Q',idf.0 �Old)3
. L 058501 / _ %�
ly OF I T�
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA , N . Y . 14850
� Y
'TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Agenda No . 21 (a)
1999 TAX COLLECTION
RECEIVER OF TAXES
April 1999 - Monthly Report
Presented May 179 1999
1999 Tax Warrant - Town of Ithaca
Total Town Warrant (Levy) . $39816 ,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
5/12/99 Receiver Checking Account - Interest April 5 . 87
Total : $ 41868 . 93
3/8/99 Int. & Penalties on Tax Bills - February: $ 11229 . 65
4/5/99 Int. & Penalties on Tax Bills - March : 11784 . 72
5/12/99 Int. & Penalties on Tax Bills - April : 37567 . 97
Total : $ 61582 . 34
Total No . of Tax Bills on Warrant: 5 , 124 Total Tax Bills Processed : 4 , 634
f
00)pv�
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA , N . Y. 14850
41W
TOWN CLERK 2731721 HIGHWAY 2731666 PARKS 2738036 ENGINEERING 2731747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 2731704
Memorandum Agenda item: 21a
DATE: May 11 , 1999
TO : Joan Lent Noteboom
FROM : Lisa B. Titti
CC: Town Board
RE: Network/Record Specialist's report to Town Board; New format
In an attempt to better synopsize the monthly record management and
technology issues, I have revised the format of this report to mirror those
submitted by the department heads. I hope you and the Board find this helpful .
General
} The Network/Record Specialist continues projects as laid out in the 1999 Project
Goals; particularly in the area of system administration. Maintenance of the
existing peer to peer networks as well as upgrading of hardware in preparation
for Y2K compliance and LAN design encompassed most of the month's activities.
Records Management Program
SARA District 6 representative Suzanne Etherington presented a Basic File
Management workshop for Town Hall staff on April 2& in the Boardroom with
Town Hall support staff in attendance.
The April 2r Records Management Advisor Board meeting was cancelled and
rescheduled for July 27"', The Board recommends meetings be held quarterly
unless otherwise requested. Current agenda items include:
• The Dewitt Historical Society project with the Town of Ithaca
• Review Town Board's request for Town of Ithaca web site
• Consider exit interview of employees to include record management issues.
• Consider record management . as it relates to terminated employees.
Technology related issues
New Town Hall computer Purchases: Installation and configuration of the Town
Clerk's new computer and upgrade to Williamson Law Book Tax Collection
package was successfully completed. This new desktop purchase was
necessary to accommodate the increasing demands of the W. L. B. application.
The replaced computer was shifted to the Keyboard Specialist whose computer
has been identified as requiring Y2K remediation and was unsuitable hardware
for a local area network. Several of the staff have found the new Compaq
Prosigna notebooks useful in giving presentations, typing minutes and taking
notes at conferences.
Peer to Peer Networkina
Design of the P . E. Z. circuit peer to peer network is completed and scheduled
installation by end May. This will allow all users on the second floor of Town Hall
print sharing (color, plotter and laser printers), file sharing and data storage within
the guidelines of the Records Management Program . The efficiency of this type
of network is questionable however temporary in light of the pending move to a
LAN environment within the new Town Hall .
Town Engineer' s Report for 5/17/99
Town Board Meeting
1
GENERAL
The Town Engineer has been working with the Town Supervisor and other Department Heads to improve interdepartmental
communication and project coordination. The emphasis is on teamwork and is an integral part of increasing the Town' s
capabilities to serve the needs of the residents.
The Engineering Department has received upgrades to the Eagle Point Design software that were included in the original
purchase. These upgrades are bringing all of our design sofiivare into the Windows 95/98/NT environment and improve
compatibility with the Microstation CADD system and ARC View GIS system. All data base applications are being developed
to be compatible with the Proposed Town network and records management system.
DEVELOPMENT REVIEW
Sterling House and Cottage, Trumancburg Road at Bundy Road
The Contractor has been working on the site since the week of April 5th on completion of the storm water drainage system and
completing site grading. The site erosion and sediment control elements are in good condition and will be maintained until
permanent vegetative cover is established.
EARTH FILL PERMITS
An application for an earth till 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.
Cornell University applied for and received an earth fill permit for regrading of two existing lagoons at the Aquatic Studies
(fisheries) laboratory along Cascadilla Creek at Pine Tree Road. The project is being done to provide a level area for
propagation of Wetland plant species that are being used in an ongoing research project developing biological controls for
foreign wetland plant species.
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. The
Engineering sub-committee is working on development of the capital improvement plan for implementation of the integrated
water system components.
The Town Engineer' s staff has completed 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 resolution to allow advertisement for bids is on the agenda for the May 17 Town
Board meeting.
SEWER PROJECTS
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
ATTACHMENT # 10
TOWN ENGINEERS REPORT 5/ 17/99 PAGE 2
Treatment Plants was a major component of the proposal . The Town Engineer and staff have completed a prelimin
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.
STORMWATER
Development of the Townwide 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 elements that will be incorporated
into the County plans for reconstruction of Warren Road. .
TOWNHAALL
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
response to the approval conditions from the City Landmarks Commission was made on May 4 and the Commission was
satisfied The package has been submitted to the State Historic Preservation Office for review. Final construction documents
will be prepared after comments and approval from SHPO.
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 pending. The original schedule is not being met and a
revised schedule will be prepared.
I ,
C I RMENG M ERPT 9 905.REP
Agenda item 2. 1c
HIGHWAY DEPARTMENT' S MONTHLY REPORT, APRIL 1999
TOWN OF ITHACA TOWN BOARD MEETING, MAY 17t 1999
Construction Projects
The work on Saranac Way is just about completed . We will be paving Saranac Way on
May 17, 1999 . We will then finish the shoulders and seeding shortly after.
We have started work on Forest Home Drive in the flat rock area . Some of the work
done on Forest Home Drive is cleaning the sewers and catch basins . We will not pave
that road until we pave the upper portion of Caldwell Road . Work on Caldwell Road
will not start until after June 14, 1999 .
Volunteer Work
Several groups of volunteers, coordinated through on-site volunteer service
organization, performed some work at Salem Park spreading wood chips on all our
nature trails and around benches and plantings . We will continue to work with this
group as projects develop in the future .
Utilizing community service groups for doing many important, but often overlooked
projects around the Town is an important and growing resource which is available with
a little effort on our behalf.
Work for the Month
❑ The Highway crews spent 963 hours of time on General Repair work. This figure
includes time off--vacation, sick, personal, other. We worked on Highway Facility
maintenance to improve the drainage, put grass seed in, and work on the salt shed
addition; cleaning catch basins; jet rodding culverts on several roads; and
miscellaneous meetings .
❑ We spent 983 . 25 hours of time on Permanent Improvement projects . The projects
include reconstruction work on Saranac Way, beginning work on Forest Home
Drive, and replacement of culvert pipes .
❑ During April, we worked 304 hours of time on vehicle maintenance .
❑ In April, the Highway Department conducts the semi-annual brush and leaf pick up .
This year it took 396 hours of time .
o We did have some work charged to the Snow Removal line item, mostly for clean up
of lawn damages .
❑ The crews worked 386 . 5 hours of time on Park and Trail maintenance on site checks,
wood shop projects, and routine maintenance .
1
ATTACHMENT # 11
Agenda Item 21c
❑ Water maintenance projects took 256 hours of time this month. We worked on lawn
repairs due to water breaks and rebuilt the access road at Hungerford Hill water
tank .
❑ Sewer maintenance and repairs took 297 hours of time . Of that time, 38 . 5 hours
were overtime hours . We replaced a sewer lateral on Dove Drive . There was a
sewer blockage on the weekend, which warranted having employees called to work.
Work to be done next Month
♦ Repave Saranac Way .
♦ Finish lawn repair projects .
♦ Highway facility maintenance .
♦ Cleaning ditches along roadsides .
♦ Water valve maintenance .
♦ Road sign maintenance .
♦ Park and trail mowing.
♦ Tree and shrub plantings .
ghk
I
i
Agenda Item # 21 (d )
Planning Director's Report for May 17, 1999 Town Board Meeting
DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board.
April 20, 1999 Meeting:
Treado Subdivision, 501 Elm Street: The Planning Board granted Preliminary and Final
Subdivision Approval for the subdivision of 3 .97 + /- acres from Town of Ithaca Tax Parcel No.
29-7-11 .21 8.39 + /- acres total and located at 501 Elm Street, for consolidation with Town of
Ithaca Tax Parcel No. 29-7-11 . 1 , Residence District R-151
Cornell University Wilson Lab/Synchrotron Site Plan Modification, Dryden Road: The
Planning Board granted Preliminary and Final Site Plan Approval for the modification of the
previously approved construction of a one-story, 4,000 + / - square foot addition to the Wilson
Laboratory /Synchrotron Facility, located off NYS Route 366 / Dryden Road. Said modification
includes shifting the footprint of the proposed "G-Line" building 28 feet to the east, closer to
Wilson Laboratory, reducing the underground link tunnel connecting G-Line to Wilson Lab,
and realigning the link tunnel to bury it deeper into the existing uphill slope. The project is
located on Town of Ithaca Tax Parcel No . 63-1 -8.2, Residence District R-30.
Westwood Hills Subdivision Modification, Woolf Lane: The Planning Board granted
Preliminary and Final Subdivision Approval for the proposed subdivision of approximately
0.32 + /- acres (Parcel B) on the south side of Woolf Lane from Town of Ithaca Tax Parcel No.
23-1 - 11 . 112, for consolidation with Town of Ithaca Tax Parcel No. 23- 1 -11 . 135 (Parcel A),
Residence District R-15. This is a modification of the Westwood Hills Residential Subdivision
previously approved by the Planning Board on October 6, 1987, and subsequently modified on
July 5, 1994.
First Assembly of God Church, Bostwick Road: The Planning Board granted Preliminary Site
Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals
regarding Special Approval for the proposed First Assembly of God Church, to consist of a + / -
15,000 square foot church structure, including sanctuary, offices and classrooms, and parking
for up to 162 vehicles, to be located on the south side of Bostwick Road approximately 1 ,000
feet west of Five Mile Drive/ NYS Rte. 13A, on Town of Ithaca Tax Parcel No. 31 -4-6 .2,
Residence District R-30 . This is a scaled back version of a proposal for which the First
Assembly of God Church received Preliminary Site Plan Approval in September 1994.
May 4, 1999 Meeting:
Cornell University Campus Road Reconstruction: The Planning Board granted Final Site Plan
Approval for the proposed reconstruction of Campus Road, between Tower Road and
Caldwell Road, to consist of rebuilding and realigning that portion of Campus Road,
ATTACHMENT 412
modification of the entrances to B Lot parking area to reduce the number of curb-cuts on
Campus Road, modification of the intersection at Caldwell Road, addition of bicycle lanes,
revision of the sanitary and storm sewer system, and installation of lighting and landscaping.
The project site is located off of Dryden Road (Route 366), Tax Parcel No's. 63- 1 -2. 2, 63- 1 -12, 63-
1 -3. 1 , 63-1 -3.31 67- 1 -10 .2, and 67- 1 -10 . 6. Residence District R-30.
Montessori Middle School, 122 East King 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 and a sign variance for the proposed conversion of a
single-family residence into the new Montessori Middle School, consisting of 3,044 + / - square
feet, located at 122 East King Road on Town of Ithaca Tax Parcel No . 43- 1 -3 . 6, Residence
District R-15 .
Proposed Moratorium Regarding Drive-through Businesses: The Planning Board issued an
affirmative recommendation to the Town Board regarding a proposed Moratorium on Drive-
through Businesses in the Town of Ithaca, excluding those applications for such businesses
which are currently pending before the Town of Ithaca.
Burger King at East Hill Plaza, Ellis Hollow Road: The Planning Board held a public hearing
to consider Preliminary Site Plan Approval and a Recommendation to the Zoning Board of
Appeals regarding 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. The Board tabled its decision until the May 18, 1999 meeting.
CURRENT PLANNING DEPARTMENT PROJECTS
The following are accomplishments or issues that have been dealt with over the past month.
SEOR Reviews for Zoning Board:oard: Three additional SEQR reviews for the Zoning Board were
done since the April report, including (1 ) the First Assembly of God Church proposal described
above under Planning Board reviews, (2) a variance to allow occupancy of a single-family
house with a family plus two boarders or lodgers (one boarder maximum allowed), 309
Coddington Road, Orlando Iacovelli, appellant, R- 15 Residence District, and (3) a variance to
permit the continuation of a bed and breakfast establishment for an additional five years, 217
Eastern . Heights Road, Judith MacIntire, appellant, R-15 Residence District.
Codes and Ordinances Committee: The Codes and Ordinances Committee met on April 28,
1999, and discussed (1 ) the proposed moratorium regarding drive-through businesses; (2)
approaches for possible regulations for drive-through businesses; (3) the Conservation Board's
South Hill Swamp Report; and (4) other possible Conservation zones on South Hill.
2
The Committee agreed with the basic recommendations of the South Hill Swamp Report
regarding enactment of a Conservation zone, and decided to forward the report to the
remainder of the Town Board not represented on the Committee (a copy of that report is
attached for Town Board member information for those who did not receive a copy through
Codes and Ordinances) . The Town Board had also asked the Committee to consider the South
Hill Swamp area in conjunction with other possible Conservation zone areas on South Hill .
Discussions at the April 28th meeting focused on the Sincebaugh property adjacent to the Six
Mile Creek Watershed and buffer areas along the east side of Buttermilk Falls State Park, which
were recommended for inclusion in a Conservation zone in the Park, Recreation and Open
Space Plan (Dec. 1997) . COC agreed that the R-30 portion of the Sincebaugh property should
be included in the package of South Hill Conservation zone recommendations. The
Conservation Board was asked by COC to provide a recommendation regarding possible
boundaries of a buffer area along the east side of Buttermilk Falls State Park. The Conservation
Board considered this at their May 6, 1999 meeting, and has forwarded a report and
recommendations to COC to be discussed at the May 19 th COC meeting. Additional tasks
remaining to be done include setting up meetings with Ithaca College and other affected
landowners in the South Hill area . The possibility of one or more public information meetings
was also discussed. It is possible that the above-described package of South Hill Conservation
zone recommendations will be ready for formal consideration by the Town Board at their June
7, 1999 meeting, after which this would be forwarded to the Planning Board for a public
hearing and recommendation.
The next meeting of the Codes and Ordinances Committee is scheduled for May 19, 1999 .
Proposed agenda items include review of the draft of the revised zoning chapter regarding
Administration, continuation of discussion regarding South Hill Swamp area Conservation
zones (particularly the Buttermilk Falls State Park buffer area), continuation of discussion
regarding drive-through businesses, and continuation of discussion regarding other possible
Zoning map revisions.
Northeast Subarea Transportation Study (NESTS) : The Working Group is still awaiting the
draft final report from the consultant. A Working Group meeting is tentatively scheduled for
May 13th, and a Client Committee meeting is tentatively scheduled for May 14, 1999, followed
by a joint WG / CC meeting on May 20th to discuss the final report and recommendations.
Local Waterfront Revitalization Program (LWRP) : A public meeting was originally scheduled
for May 1 , 1999, but has been rescheduled for Saturday, May 15, 1999 at 9 :30 a .m. at the
Holiday Inn on South Cayuga Street downtown. 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.
Purchase of Development Rights (PDR) Program: The Agriculture Committee met on May 6,
1999 to discuss the draft policies and procedures manual. Their recommendations are being
forwarded to the Town Board for discussion at the May 17th meeting. Planning staff
distributed a Request for Proposals (RFP) for appraisals and cost estimates regarding
acquisition of development rights on two possible candidate parcels. Responses are due back
3
on May 14th. Staff will report on this at the May 17th Town Board meeting (both under
Agenda Item No. 17) .
Town Hall / Post Office Plans - City Review: A Certificate of Appropriateness was obtained
from the City Landmarks Preservation Commission (LPC), conditioned upon the submission of
additional project details regarding ramp, door and handrail materials. Those details were
provided to the LPC, and were determined to meet their conditions for approval . Plans have
been sent to the State Historic Preservation Office for the required Section 106 review pursuant
to the National Historic Preservation Act. Staff presented plans to the City Planning and
Development Board for an advisory review. There was a debate about the architectural style of
the rear loading dock infill area. Several Planning and Development Board members voiced
concern about the compatibility of the design of the new addition with the historic character of
the older portions of the building. Being an advisory review, however, the Planning and
Development Board will have limited ability to require changes of this magnitude, especially
considering that the LPC has signed off on the appropriateness of the design relative to the
historic character of the Post Office building and the historic district. This was left as an open-
ended question, which the Town Board can discuss. The Postal Service will still need to submit
plans for the postal store and entrance area to the LPC (and have been requested to submit
their plans to the City Planning and Development Board for additional advisory review) .
Capital Projects Planning Committee: The Committee had its second meeting on May 5, 1999 .
Agenda items included (1 ) discussion and handout of materials regarding definitions of
' capital projects, and (2) report on the status of inventories of the Town's capital assests.
Meetings of the Committee are scheduled on the first Wednesday of each month at 9:00 a. m.
unless otherwise noted . The next meeting is scheduled for Wednesday, June 2, 1999.
Rename: 17plan \ townbd \ tpre0599.mem
4
Agenda #21d.
TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF APRIL 1999
YEAR TO DATE
TYPE ` F 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 (Relocation into the Town) 20.000 3 110,000
RESIDENCES 1998 0 0 6 410,000
1999 0 0 0 0
TWO FAMILY RESIDENCES 1998 0 0 0 0
1999 1 24,000 6 164,500
RENOVATIONS r1998 3 37,241 5 163,241
0 0 0 0
CONVERSIONS OF USE 0 0 1 800
1 23,959 1 23,959
ADDITIONS TO FOOTPRINT 2 287800 3 43 ,800
1999 0 0 1 1 ,500
MULTIPLE RESIDENCES 1998 0 0 0 0
1999 0 0 3 871 ,804
BUSINESS 1998 1 20,000 4 127,050
1999 0 0 0 0
AGRICULTURAL 1998 0 0 0 0
1999 0 0 0 0
INDUSTRIAL 1998 0 0 0 0
1999 2 CU pump house, IC Park School addition 4189000 4 644,870
EDUCATIONAL 1998 0 0 2 619,500
1 New roof on barn 23500
1 Roof replacement 10,000
1 16' x 40' inground pool 20.000
MISCELLANEOUS 1999 3 32,500 9 589145
CONSTRUCTION 1998 10 0 9 80,545
TOTAL NUMBER OF 1999 8 5182459 27 1 ,874,778
PERMITS ISSUED 1998 6 86,041 30 1 ,4442936
TOTAL FEES 1999 8 1 ,040 27 3,630
RECEIVED 1998 6 290 30 27690
Date Prepared: May 10, 1999
Dani L. Holford
Building/Zoning Department Secretary
ATTACHMENT # 13
2
TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 8
1 . 1Dt8 Eastern Heights Drive - replace outside cantilever roof support post
2 . 153 East King Road - 30' x 50' accessory building.
3 . 853 Taughannock Boulevard - add second dwelling unit.
4. 1020 Ellis Hollow Road - renovations and alterations to motel - temporary.
5 . Danby Road (IC) - new academic building for HSHP program - temporary.
6. 110 Brandywine Drive - remodel kitchen and two bathrooms.
7. 50 Gray Road - new two-bedroom, single-family dwelling.
S. 134 Woolf Lane - crew single-family dwelling with attached garage.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1999 - 46
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1998 - 36
INQUMNS/COMPLAE4TS pHVESTIGATED THIS MONTH - 9
1 . 172 Calkins Road - property maintenance - pending.
2. - 6- 5 properties - off-premise signs - pending.
7. 661 Five We Drive - building code - abated
8. 132 Enfield Falls Road - sign - no violation found.
9. 913 Wyckoff Road - building code - pending.
From March 1999:
4. 123 Honness Lane - zoning/occupancy - no violation found.
From January 1999: }
1 . 116 Woolf Lane - building codetzoning/occupancy - abated.
From December 1998•
1 . 1020 Danby Road - building code/zoning/occupancy - pending.
From November 1998:
1 . 244 Bundy Road - building code - pending.
From May 1998:
1 . 339 Stone Quarry Road - budding code & unsafe vacant building - pending.
2. 155 West Haven Road - building code - pending.
3 . 220 Haller Boulevard - building code - pending.
From Anvil 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)
i
i
3
FebmM 1998:
3 Coddington Road - building code ( illegal apartment) - pending. (apartment vacant)
1 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 . 14147 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 - 19
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1998 - 23
TOTAL FIELD VISITS THIS MONTH - 58
Uniform Building Code - 34
Local Law and Zoning Inspections - 16
afety - 5 (2 day care, 2 multiple dwelling properties [18 total buildings], I motel)
toccurrence afety Reinspections - 3 (2 businesses, 1 professional building)
mergcoq Occurrences - 0
Reinspections - 0
TOTAL FIELD VISITS YEAR TO DATE, 1999 - 293
TOTAL FIELD VISITS YEAR TO DATE, 1998 - 302
TOTAL SIGN PERMITS THIS MONTH - 0
TOTAL SIGN PERMITS YEAR TO DATE, 1999 - 4
TOTAL SIGN PERMITS YEAR TO DATE, 1"8 . 4
?TONING BOARD OF APPEALS
1 MEETING, 5 CASES, AGENDA ATTACHED
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY , APRIL 14, _ 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, April
141 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 Donn Carroll, Appellant, requesting a variance from the requirements of Article XIII , Section
65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a fence with a height of 7 feet (6
G %�xn feet maximum allowed) at a residential property located at 651 Five Mile Drive, Town of Ithaca Tax Parcel
No . 31 -2-25 .2, Residence District R-30.
APPEAL of Penn Traffic Company, Appellant, David Herrick, Agent, Cornell University, Owner,
requesting a variance from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning
Ordinance, to be permitted to enlarge the P&C supermarket, with an 18 foot rear yard building setback (30
" "C ' foot setback required) at East Hill Plaza, 315 Pine Tree Road, Town of Ithaca Tax Parcel No . 62-2- 1 . 121 ,
Business C Zone.
APPEAL of Siu-ling Chaloemtiarana, Appellant, requesting a variance from the requirements of Article IV,
Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a house with a front yard
building setback of 17. 5 ± feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tax
Parcel No . 25-2-20.2, Residence District R- 15 .
APPEAL of Ithaca College, Appellant, HOLT Arc hitects Dou g las Loo k, Agent, requesting a special
approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning
C. ,�„ eaOrdinance, to be permitted to construct CtuS' Town of Ithaca Tax Paz el No .41R- 1 30. 2PResidencel
of Communications on the Ithaca College p
District R- 15 .
APPEAL of Ivar Jonson, DBA Summerhill Apartments, Appellant, Lawrence Fabbroni, Agent, requesting
variances under Article VI, Section 28 and 29 of the Town of Ithaca Zoning Ordinance, to permit the
e,& construction of phase H of the Summerhill Apartments, with proposed buildings to have 35 foot front yard
building setbacks, 15 foot side yard setbacks,1026 Ellis Hollow Road, Town of d t20�f�eeTaoXf separation Parcel 62-teen
buildings. Said apartments are located at
1 . 127, Multiple Residence District.
Said Zoning Board of Appeals will at said time, 7 : 00 p.m. , and said place, hear all persons in support of
such matters or objections thereto . Persons may appear by agent or in person. Individuals with visual or
hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary,
upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the
time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: April 5 , 1999
Published: April 9, 1999
Town Board Meeting May 17, 1999
Agenda Item No. 21 (e)
Human Resources Specialist Report for April 1999
• Michael Smith accepted the offer of the Planner position , effective June 7 ,
1999 . Michael has just recently received his Masters' Degree from SUNY
College of Environmental Science and Forestry, Syracuse .
• Had meetings regarding the restructuring of the secretarial staff for the
Building , Engineering and Planning departments . Was decided to have Mary
Bryant, Dani Holford and Sandy Polce working together in the work area
between the Engineering and Planning departments . This team was
developed to increase efficiency for the three departments and to ensure
coverage at all times .
• Orientation meetings with Sandy Polce and Mike Beach on April 12th .
• Integrated Water System Labor Committee . Kevin Kauffman and I have been
working on the minimum qualifications for the operator positions . The City's
minimum qualifications are much less than ours so we needed to re-address
ours so that those employees could transfer from the City (if we opt to hire
them ) without needing to re-test. The Cornell employees will need to test no
matter what. I have asked County Personnel to order the exam for this Fall
so the Cornell employees can take the test before we start the hiring process .
The next step is to start working on the lab and mechanic job descriptions .
• Training Attended : 'Workplace Safety" by the NYS Labor Department
" Employee Orientation" Society for Human Resources Management of
Tompkins County
" Retirement Planning " New York State and Local Retirement System
• Scheduled staff meeting for highway and town hall for May. Meeting includes
safety, organizational structure , and town projects .
• Cathy and I have asked SCLIWC to use the Town ' s personnel manual since
the employees are Town employees . The Commission was in favor of this
taking into consideration that there may be some differences . Larry Parlett
and myself have been meeting to summarize what the differences are to
present to the Commission ' s Personnel Committee .
ATTACHMENT # 14