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HomeMy WebLinkAboutTB Minutes 1999-07-12 qty OF 1p Milk �° TOWN OF ITHACA FINAL ,�,� 2104 126 EAST SENECA STREET , ITHACA , N . Y . 14850 IWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN BOARD MEETING July 12 , 1999 AGENDA 1 . Call to Order. 2 . Consider resolution in memoriam for Robert Kenerson . 3 . Pledge of Allegiance . 4 . Report of Tompkins County Board of Representatives . 5 . Report of Fire Commissioners . AOL 6 . 6 : 00 O' clock p . m . - PERSONS TO BE HEARD . 7 . 6 : 30 O' clock p . m . - PRESENTATION : Independent Auditor's 1998 Certified Financial Statements . 8 . Consider approval and acceptance of Independent Auditor's 1998 Certified Financial Statements . 9 . Consider ratification of Town Supervisor' s committee appointments . 10 . 6 : 45 p . m . - PUBLIC HEARING : To consider A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" . 11 . Consider adoption of "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" . AObk TB Mtg . 7/ 12/99 AGENDA Page 2 . 12 . Consider approval of per diem allowance for town related travel . 13 . Discussion regarding health insurance for the year 2000 . 14 . Consider acceptance of portion of Peach Tree Lane . 15 . Consider acceptance and award of bid for the painting of the Pine Tree Road and Christopher Circle water tanks . 16 . Discussion and possibly , set date for public hearing to consider amending Local Law No . 7/1988 , "A LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA regarding retrofit requirements . 17 . Consider referral of the South Hill Conservation Zone recommendation to the Planning Board . 18 . Consider SEQR related to the Purchase of Development Rights Policies and Procedures . 19 . Consider adoption of the Purchase of Development Rights Policies and Procedures . 20 . Consider authorization to apply for grants under the NYS Clean Water/Clean Air Bond Act and/or the NYS Environmental Protection Fund for the following : a . Farmland Protection - Purchase of Development Rights Program b . Historic Preservation - Town Hall/Downtown Post Office Project c . Park Development - Inlet Valley Community Park 21 . Consent Items : Consider resolution approving and/or authorizing the following : a . Town Board Minutes - 617/99 . b . Town of Ithaca Warrants c . SCLIWC Warrants d . 1999 Semi-Annual Budget Transfers e . Approval Cornell University Federal Work/Study Agreement . f. Fall Brush & Leaf Pick Up Dates . g . Approval of filing Receiver of Taxes Annual Report. h . Approval Salary Adjustments I TB Mtg . 7/ 12/99 AGENDA Page 3 . 22 . 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 . Director of Building/Zoning h . Attorney for the Town 23 . Report of Town Committees . 24 . Review of Correspondence : a . Time Warner Cable - Operations Update b . Patrick J . Kelleher - Liquor License , 335 Pine Tree Road c . The State Education Department - SARA Grant Award 25 . Consider motion to ADJOURN . I� qty OF 1P TOWN OF ITHACA ,y� 21 O4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y Im CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 TOWN BOARD MEETING July 12 , 1999 ADDITIONAL AGENDA ITEMS 1 . Consider approval and authorization for Town Supervisor to execute the Natural Gas Agreement with NYSEG Solutions . 2 . Discuss developments related to the sewer agreement negotiations . 3 . Discuss possibility of rescheduling August Town Board meeting because of potential lack of quorum . Milk 4 . Discuss schedule for priorities meeting related to the Year 2000 Budget . TOWN OF ITHACA TOWN BOARD .DULY 129 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 ; Ed Conley, Councilman ; Tom Niederkorn , Councilman ; Bill Lesser, Councilman , PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Attorney for the Town ; Fred Noteboom , Highway Superintendent ; Andrew Frost , Director Building/Zoning ; Judith Drake , Human Resource Specialist; Creig Hebdon , Assistant Town Engineer; George Frantz, Assistant Town Planner. EXCUSED : Daniel Walker, Director of Engineering ; Jonathan Kanter, Director of Planning; Al Carvill , Budget Officer. OTHERS: Bob Rowmanowski , Ithaca Fire Department ; Lauren Bishop , Ithaca Journal ; Don Higgins , WHCU ; Jay Engels , Sciarabba & Walker; Eva Hoffmann , 4 Sugarbush Lane ; Betty Lewis , 139 Snyder Hill Road ; Muriel Brink, 206 Tudor Road ; Eric & Donna Mendelson , 98 Hickory Circle; Kara Hagedorn , 327 West King Road ; Edith Carsel , 152 Pine Tree Road ; Ruth Mahr, 103 Judd Falls Road ; Bruce Turnbull , 118 Pine Tree Road ; Rod Howe, 126 Judd Falls Road ; Beverly Livesay, 147 Snyder Hill Road ; Bobbie & Robert Kohut , 214 Eastern Heights Drive ; Susan Shefter, 145 Pine Tree Road ; Diana Yee , 206 Tudor Road ; Steven Robertson , 1655 Ellis Hollow Road ; Tom Murray, 62 Springrun Road ; Gordon Rowland , 1166 Ellis Hollow Road ; Ellen , Oskar, Robin Schmidt , 8 Genung Circle; Marahn Edid , 22 Renwick Heights ; Joshua & Shelley Blackler, 528 Stewart Avenue ; A. Stackler, Unknown Address . Call to Order: The Supervisor called the meeting to order at 5 : 34 p. m . , and led the assemblage in the Pledge of Allegiance. Supervisor Valentino — I want to welcome our two new board members, Bill Lesser and Tom Niederkorn . Agenda Item No. 2 — Memoriam for Robert Kenerson Supervisor Valentino — Mr. Kenerson has been a long time member of the Planning Board . It was a great loss to the Town and Planning Board to lose someone of his interest and understanding of the issues in front of the community. Resolution No. 108 = Resolution of Memoriam - Robert L. Kenerson. See Attachment # 1. WHEREAS, Robert L. Kenerson, a valued and respected member of the Town of Ithaca Planning Board died June 20, 1999; and TOWN BOARD MINUTES PAGE 2 JULY 1211999 APPROVED - APPROVED - APPROVED -AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, Mr. Kenerson became a member of the Town of Ithaca Planning Board on June 17, 1986, and thereafter served continuously on the Board until his death, also serving as Vice Chair of the Board from 1990 through 1993 and as Chair in 1994; an,d WHEREAS, Mr Kenerson also served the Town as a member of the Town of Ithaca Planning Committee and the Town of Ithaca Personnel Committee; and WHEREAS, during his nearly sixteen years of service to the Town, Mr. Kenerson provided to the Town and to the citizens who appeared before him and the Planning Board superior judgment, in an attentive, courteous, diligent, fair and insightful manner, coupled with a wry sense of humor that often enabled the Board to function more effectively; and WHEREAS, the Town of Ithaca, as well as all of its citizens and community of Tompkins County as a whole, have lost a capable, delightful leader and gentleman; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and residents, mourns the loss of Robert L. Kenerson, an intelligent, dedicated public servant, and expresses its sympathy to the members of Mr. Kenerson 's family for the loss they have suffered; and BE IT FURTHER RESOLVED, that this resolution be included in the minutes of the Tow Board meeting of July 12, 1999, and that the Town Clerk be requested to deliver a copy of same the family of Robert L. Kenerson, as a token of appreciation of the Town for his years of significant service and as an expression of the grief felt by the Town and community as a result of his passing. MOVED Supervisor Valentino, SECONDED Councilwoman Russell, absent duringnvote; Councilwoman as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Motion carried. Agenda Item No 5 — Reoort of Fire Commissioners. Robert Rowmanowski , Ithaca Fire Department — Chief Wilbur formally recognized Acting Assistant Chief Parsons and fire g fighters Dean Cook, Patrick Sullivan and bunker James Wheel . This was for Chief their outstanding actions during an EMS call that resulted in the saving of a child who was reported as not breathing . They along with Bangs Ambulance personnel cleared a foreign object from the child' s throat and restored breathing . Councilwoman Grigorov — When did this happen ? Mr . Rowmanowski — This incident occurred on June 8 , 1999 , The Ithaca Veteran Volunteer Firemen ' s Association donated $50 . 00 to the Commissioners Fund memory of Seville Rolland . The Board of Fire Commissioners endorsed Chief Wilbur' s request TOWN BOARD MINUTES PAGE 3 JULY 12 , 1999 APPROVED - APPROVED - APPROVED --A UG US T 91 1999 - APPROVED - APPROVED - APPROVED authorization to bring a special capital project that would be for a self-contained breathing apparatus . The equipment replacement request was brought to the City's B&A Committee for action . The cost is approximately $ 150 , 000 as part of the City Bond Sale in August . The Strategic Planning Committee is continuing . A meeting was held with Supervisor Valentino to focus on Town of Ithaca needs. Significant time and resources have been spent on preparing equipment and systems for Y2K. The Water Rescue Training is underway. The training is being provided to 3 personnel from each shift . They in return will provide training to other members of the department . Four fire fighters have completed their training at the New York State Academy of Fire Science on July 2 , 1999 . They still have 3 weeks of local training before they are assigned to a shift . One other recruit will be taking basic training in Auburn because he missed the cut-off date . Shift assignment will occur approximately 3 weeks after basic training in Auburn . Other agencies and departments under a fee basis are using the Training Center. Ithaca Police Department used it for 3 days . The County Critical Incident Negotiating Team used it for half a day. Freeville Fire Department used the facility for 2 days , will be out of town August 9- 14 . We need to have a representative from the Town and one from the City appointed to the Board of Commissioners. Supervisor Valentino — I do not have a written resignation . I cannot appoint someone else until I have the formal resignation . Councilman Conley — Do you have any ideas for a replacement? Mr. Rowmanowski — I will be working with the Vet Volunteers to see if they have someone to recommend . I have talked with Bill Gilligan who is a Town of Ithaca volunteer with Number 6 Fire Station . He lives in that area . Agenda Item No. 9 — Ratification of Town Supervisor's Committee Appointments Supervisor Valentino — We have a few committee re-assignments due to the resignation of two board members. Mr. Rowmanowski has volunteered to take the Republican 's seat on the Ethics Board , Councilman Niederkorn , are you willing to fill the seat on the Codes and Ordinance Committee? Councilman Niederkorn — Yes . Supervisor Valentino — Councilman Lesser, would you be willing to take the seat on the Personnel Committee? We meet about 4 times a year. It is not as busy as it used to be . Councilman Lesser — Yes . TOWN BOARD MINUTES PAGE 4 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Supervisor Valentino — I will fill the seat on the Tompkins County Intermunicipal Cable Commission . Metropolitan Planning Organization and Policy Committee is a committee with the other municipalities to work on planning transportation issues . Councilman Lesser, would you be willing to sit on this committee? They meet every other month . Councilman Lesser — Yes . Supervisor Valentino — I need 2 board members and 1 community member for the Ithaca Transportation Committee , Councilman Conley — When do they meet? Fred Noteboom , Highway Superintendent — They meet monthly. Supervisor Valentino — Councilman Niederkorn , would you be willing to fill a seat? Councilman Niederkorn — Yes . Supervisor Valentino — I need one more board member. I also need someone from the East Itha area to fill Shirley Raffensperger's seat . Councilwoman Russell — I will . Resolution No 1 o9 Ratification of Town Supervisor's Committee Appointments,111111111111111 BE IT RESOLVED, the governing Town Board of the Town of Ithaca hereby ratifies the appointments of those individuals as listed to the various vacancies on the said committees and boards made by the Town Supervisor, Catherine Valentino: TOWN OF ITHACA - BOARDS/COMMITTEES Ethics Board - (1 Seat): 60 Bundy Y Road, Ithaca, NY 14850 Five Year Term Ending December 31 , 1999 Codes and Ordinances Committee: Thomas Niederkorn, Town Board member Personnel Committee: William Lesser, Town Board member Safety Committee: Kristie Rice, Assistant Zoning Officer/Building Inspector David Boyes, MEO Highway Department Jeffrey Scott Dean, MEO Highway Department INTER At COMMITTEES Town of Ithaca Representatives TOWN BOARD MINUTES PAGE 5 JULY 1231999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Tompkins County Intermunicipal Cable Commission: Catherine Valentino, Supervisor Metropolitan Planning Organization Policy Committee (Alternate): William Lesser, Town Board member Ithaca Cornell Transportation Committee: Thomas Niederkom, Town Board member Mary Russell, Town Board member MOVED Supervisor Valentino, SECONDED William Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 12 — Per Diem Allowance for Town Related Travel . Supervisor Valentino — The Department Heads have talked about the costs of travel . The allowances were low for anyone to go to a conference and, eat a meal . If you were gone for a day the per diem would be $50 for the day. If they are gone for part of the day, they are not to exceed $ 10 for breakfast, $ 15 for lunch and $25 for dinner. Councilman Klein — What are we doing for the Association of Towns Meeting? Supervisor Valentino — We use this for the Association of Towns Meeting , Councilman Klein — Should it be higher for New York City? Supervisor Valentino — No . This will include all travel . Resolution No. i11 - Approval Per Diem Allowance & Conference/Travel Authorization Form WHEREAS, it has been the Town 's policy to use the Intema / Revenue Service 's (IRS) published per diem allowances for reimbursement for dining and travel expenses as established for each state and specified area within each state; and WHEREAS, the Town Supervisor and Department Heads have discussed that the amounts published fell below the average cost for dining within and outside Tompkins County; and WHEREAS, the Town Supervisor and Department Heads recommend a fifty dollar ($50. 00) per diem allowance that would be used for all travel in place of the IRS published rate for that designated area; and TOWN BOARD MINUTES PAGE 6 JULY 1211999 APPROVED - APPROVED - APPROVED --AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, a draft Conference/Travel Authorization Form has been created for employees to request reimbursement of expected travel expenses or to attend a conference; now therefore be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby approve a per diem dining allowance of fifty dollars ($50. 00) for all day travel; or for less than all day travel, ten dollars ($ 10) for breakfast; fifteen dollars ($ 15) for lunch; and twenty five dollars ($25) for dinner; and be it further RESOLVED, the Conference/Travel Authorization Form is to be used by all Town of Ithaca employees requesting reimbursement for travel expenses, or to attend a conference. MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 13 — Health Insurance for the Year 2000. Judy Drake , Human Resource Specialist — I received the rate quotes from PHP and HMO-CNY . PH and HMO-CNY are changing their drug rider or prescription coverage . They are currently $5 f generic and $ 10 co-pay on brand names . PHP is coming out with $5 generic and $20 co-pay brand names . HMO-CNY is coming out with a 3-tier program . Five dollars for generic , $ 15 or $20 f brand names on their preferred drug list, and $30 or $35 for prescriptions not on the preferred drug list. I am looking for direction from the board as to which drug rider you are most interested in going with . PHP has a 15% increase in their premiums . Councilman Conley — Is there a recommendation for the board? Mrs . Drake — I am leaning for the 5/20 . It is something that both plans have . We have always tried to keep the two plans consistent with one another. I would make the recommendation that we go completely HMO-CNY and getting rid of PHP except for the fact that the company is not strong in the Tompkins County Ithaca area . At this point , I think that we need to keep the two companies . The hospital did sign with Blue Cross/Blue Y s Blue Cross/BUIe Shield' s HMO ,Blue Cross/Blue Shield . HMO CN We have kept the plan for the people outside the PHP area . Councilman Klein — Is there a difference between HMO-CNY and PHP ? Mrs . Drake — Last year we switched e pocalled PHP to see how many Ipeople are it also the using this 80/20 plan . This plan is more expe nsive option . Only 3% of our enrollees have used Ck this option . only undee PHPand running fo months . It would be less expensive tog n ba to the regular HMO plan Supervisor Valentino — Is HMO-CNY offered only to employees outside the service area? TOWN BOARD MINUTES PAGE 7 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mrs . Drake — Yes . Supervisor Valentino — Could employees change plans? Mrs . Drake — They could if they wanted to. I did explain that if they live in Ithaca then HMO-CNY is not the best coverage for them to choose . They are able to compare the plans . I need to make a decision on which drug rider the Town chooses . Supervisor Valentino — The Town pays 100% of the premiums. Councilman Niederkorn — How many people are covered by this? Mrs . Drake — There are 92 employees between the Town and Bolton Point . Eighty-three percent is using PHP . Councilman Niederkorn - What is the total cost to the Town ? Mrs . Drake — The cost monthly for 1999 is $ 17 , 000 . This does not include Bolton Point . They reimburse the Town . Supervisor Valentino — Mrs . Drake needs to know how the board feels about the drug rider. As we get into the budget , then we can discuss switching plan or changing from 100% premium coverage . Mrs . Drake — I recommend 5/20 for both plans . It is still giving them the $5 generic co-pay. Councilman Conley — Has the Personnel Committee looked at this? Mrs . Drake — No . Supervisor Valentino — I would be willing to go with 5/20. Attorney Barney — The 5/10 might be available for PHP . Resolution No. 112 - Approval Health Insurance Druq Rider Benefits for Year 2000 WHEREAS, the Human Resources Specialist has provided the Town Board with information and estimates regarding the Health Insurance Drug Rider Benefits available January 1, 2000; and WHEREAS, the Town Board has reviewed and discussed the said information as provided; now, therefore, be it RESOLVED, the Town Board hereby authorizes and directs the Human Resources Specialist to notify the town 's health insurance providers that the Town Board elects the $51$20 Drug Rider Benefit for the health insurance coverage available January 1, 2000. TOWN BOARD MINUTES PAGE 8 JULY 1211999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED 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; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Mrs . Drake — It has been requested that we look into offering Domestic Partnership Rider. I have talked with both companies and there is not a change in premiums by offering this . This would open it up to same gender partners . The main item that the board needs to bea decided is that both companies would need to apply to the State . It would changes the group plan Supervisor Valentino — When does a decision need to be made? Mrs. Drake — I need a decision by the August Town Board Meeting. Councilman Conley — What does the County and City has? Mrs . Drake — They have the Domestic Partnership. I asked the company what people would need to do if they want to list for Domestic Partnership, Blue Cross/Blue Shield wants more proof than PHP . For PHP they would mainly need to fill out the application . Supervisor Valentino — Does Blue Cross/Blue Shield have tougher requirements? Mrs . Drake — They would need to show two forms of having partnership . For example , both persons on the mortgage credit cards in the same name , utilities in the same name . They would need to show joint finances . Supervisor Valentino — Could the Town opt to require the tougher test? Mrs . Drake — The City Clerk has form that needs to be filled out that sets you a side as a domestic partner. This would effect four employees that we know of. Councilman Klein — We will need to have some means of verifying partnership. Councilman Conley — Mrs . Noteboom could check with the Town Clerk' s Association to see how other municipalities are dealing with the issue . Attorney Barney — The school district has a specified test in order for people to get partnership coverage . Supervisor Valentino — We can look at the criteria between now and the next board meeting . Acienda Item No. 7 — PRESENTATION : Independent Auditor' s 1998 Certified Finance Statements . TOWN BOARD MINUTES PAGE 9 JULY 12 , 1999 APPROVED - APPROVED - APPROVED -­AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Jay Engles, Sciarabba & Walker — I have been the Senior Auditor for the last two years . Comments can be forwarded to Supervisor Valentino or Mr. Carvill . They can then be forwarded to our firm . We can answer questions in writing or at another meeting . Supervisor Valentino — The board just received this tonight . They have not had a chance to look at it. Mr. Engles — On page 5 , there is a line called Other Changes in the Fund Balance . Under the special revenue section there is a large number of $ 161 , 000 . This was an error that Mr. Carvill found in previous years and we tracked it back to 1995 . It had not been corrected at that point . Last year we examined it and corrected it . We did not want to correct the Fund Balance in last year's report because the State report had already been filed . We wanted to keep our report as consistent with the State report as we could . The change has been explained to Audit & Control . Supervisor Valentino — It goes back to how our water and sewer money comes in . It is on one bill and comes in as a lump sum . It was a matter of proportioning it from one fund to another. The sewer fund had received more water money than it should have . It took a long time to track it down . Mr. Engles — Some of the difference was computer glitches . In January the balance was current , then in February it started out at zero . It did not pick up January's activities. Supervisor Valentino — We had to have the software adjusted . Mr. Engles — Everything was good . We are going to issue a management letter to go over a few outstanding points. There is nothing of any significance . The audit of the Justices is complete and will be available at the next meeting . Acienda Item No. 8 — Acceatance of Independent Auditor's 1998 Certified Financial Statements Resolution No. 110 - TOWN OF ITHACA - 1998 INDEPENDENT AUDITOR'S REPORT. WHEREAS, the governing Town Board and the Budget Officer have received the Certified Financial Statements for the year ended December 31, 1998 for the Town of Ithaca from the independent auditing firm of Sciarabba Walker & Co. , L. L. P., Certified Public Accountants; and WHEREAS, Town Law requires that the said statements must be made available for public inspection at the Town Clerk's office; now, therefore, be it RESOLVED, that this governing Town Board does hereby approve and accept for filing the Independent Auditor's Certified Financial Statements for the fiscal year ending December 31 , 1998 for the Town of Ithaca; and, be it further RESOLVED, this governing Town Board does hereby authorize and direct the Town Clerk to advertise that the said statements are available for public inspection at her office as prescribed by la w. TOWN BOARD MINUTES PAGE 10 JULY 12, 199 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED MOVED Councilman Conley, SECONDED Councilwoman Grigorov. A vote on the motion resulte as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No 14 — Acceptance of Portion of Peach Tree Lane. Mr. Noteboom — Paul Jacobs is selling a house on Peach Tree Lane . In order to obtain a building permit , he needs to have the road separate . He has deposited money that will pave the road . The resolution accepts that portion of road . One resolution is for water and sewer and the other is for the road . Creig Hebdon , Assistant Town Engineer — Mr. Walker and I were going through the records and we did not find the official acceptance of the water and sewer. That has been in place for a few years . We need to give official acceptance of the water and sewer lines already in place . Attorney Barney — I had discussions with the developer' s attorney. There has been slow payment of real estate taxes on the part of the developer . The result is the easements that the Town will be getting for the water and sewer lines cross over lands that the real estate taxes have not been pai The acceptance can be conditional on getting the tax payment . This way there is not the possibili of them being taken away as part of the County foreclosing on the tax sale . Normally, we do not ge more into the title review more than that . Councilman Klein — Will there be delays associated with these items? Is the title ready to be examined? It is basically the same title for the Saponi Meadows Attorney Barney — We have been over the title . Y Park. This is across the street , but I think it is on the same title chain . He has the abstract and has sent it out for extension . They are supposed to get it to me early this week . Councilman Klein — What about the back taxes? Attorney Barney — I do not think we want to accept the easements without the taxes being paid . They are willing to pay them . Councilman Niederkorn — Is this something that the on -going payment of the taxes is an issue or is it a one time only matter? Attorney Barney — We only care about it when we take title . If they forget to pay taxes after that , any foreclosure by the County is subject to our easement . Resolution Now 113 - Acceiptinq Water and Sewer Lines and Easements for Sa oni Meado Subdivision n�— TOWN BOARD MINUTES PAGE 11 JULY 12, 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, Eddy Hill, Inc. is offering for dedication to the Town of Ithaca certain water and sewer lines and related easements as more particularly shown on the Subdivision Map entitled "Saponi Meadows Subdivision Seven Mile Drive, Town of Ithaca, Tompkins County, New York State prepared by Robert S. Russler, Jr. , Sheet 4 of 7 dated March 14, 1994 ", and WHEREAS, said lines run in or along the streets shown as Peachtree Lane, Apple Blossom Lane and across certain other lots; and WHEREAS, the Director of Engineering for the Town has recommended acceptance of said lines and easements; and WHEREAS, the Town Board has been advised by the Director of Engineering that said lines have been constructed in accordance with the appropriate engineering practices and in a good and workmanlike manner; and WHEREAS, the Town is willing to accept title to said lines and easements subject to the conditions hereinafter set forth, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca, hereby accepts title to the above referenced water and sewer lines and the related easements for the same subject to the following conditions: (a) Approval of title to said easements by the Attorney for the Town. (b) The payment of all outstanding real estate taxes on the properties subject to said easements. 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; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Attorney Barney — The subdivision has more roads in it than we are getting . Peach Tree Lane goes for a further distance . Apple Blossom Lane goes for a further distance . It should be 745 lineal feet instead of 744 . 9 lineal feet . The Town will be receiving a hammer head turn . The hammerhead is being made up of a portion of Apple Blossom Lane and a portion Peach Tree Lane beyond the intersection . Then the Town will be getting all of Peach Tree Lane from Seven Mile Drive to the intersection Apple Blossom Lane. Councilman Conley — Will the Town be responsible for the maintenance? db Attorney Barney — They have not put the final course on the road . We are getting from them an agreement that they will maintain the road and plow it until they have put the final course on . Then satisfactory to the Highway Superintendent , the Town will take over the maintenance of it. They are giving the Town $ 15 , 008 cash for the Town to do that . It will be next March before the realty switches Affik TOWN BOARD MINUTES PAGE 12 JULY 122 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED from taxable to exempt . We will get an agreement from the developer that they will pay the taxes until it switches to exempt . Due to their history, their attorney has offered to put the money for those taxes in his escrow account to assure that there will be money available to pay the taxes . They have a problem with their franchise tax. There was a situation where the State is assessing a greater tax than they believe to be owed . Sciarabba Walker represents them and has assured us that it is the State's error and not theirs . There is a lien on the property. They are giving us $2000 in escrow to hold against the lien . We are giving them a year to get it settled , if it is not done in a year, the Town can take the $2000 and pay it to clear the lien . Councilman Niederkorn — Is there any liability to the Town should the developer not maintain the road ? Attorney Barney — Yes. Part of the agreement in hat respect .tTolwnnsures they Town for any accident policy h t insuring the Town for their negligence occurs until they turn it over to the Town . Resolution No. 114 - ACCEPTING DEED TO PEACHTREE LANE SAPONI MEADOWS SUBDiVISIONI FOR DEDI CATION. WHEREAS, Eddy Hill, Inc. is offering for dedication to the Town of Ithaca for highwa purposes approximately 745 feet of property shown as Peachtree Lane on the Subdivision M Tom kins Count New entitled "Saponi Meadows Subdivision Russl� JrenSheet �rof 7 dated March i4, 1994p and y� York State prepared by Robert WHEREAS, the intersection of the south line of the proposed Peachtree Lane is located on Seven Mile Drive approximately 31295 feet from the intersection of centerline of Seven Mile Drive and the centerline of New York State Route 13, and WHEREAS, the Town Superintendent of Highways has recommended acceptance of said parcel for dedication for highway purposes; and WHEREAS, the Town Board has been advised by the Town Highway Superintendent that said road has been constructed in accordance with the Town of Ithaca Highway specifications, except that the final surface has not yet been installed; and WHEREAS, the Town has received an estimate of $ 15, 008 for installation of said final surface and Eddy Hill, Inc. has deposited with the Town funds in said amount to guarantee completion of the road; and WHEREAS, the Town is willing to accept title to said road subject to the conditions hereina set forth, NOW, THEREFORE, be it v�. TOWN BOARD MINUTES PAGE 13 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED RESOLVED, that the Town Board of the Town of Ithaca, hereby accepts title to approximately 745 lineal feet of Peachtree Lane off of Seven Mile Drive subject to the following conditions: (a) Approval of title to said road by the Attorney for the Town. (b) The execution of an agreement by the developer with the Town, in form and substance satisfactory to the Town Supervisor and the Attorney for the Town providing for the completion of said road in accordance with Town Highway specifications and a mechanism for the Town to complete said roads if the developer fails to do so; and (c) The execution of an agreement in form and substance satisfactory to the Town Supervisor with the advice of the Attorney for the Town pursuant to which the developer agrees to continue to pay all real estate taxes on the road conveyed until such time as the Tompkins County Assessment Department transfers said parcel to the exempt tax roll. MOVED Councilman Lesser, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 15 — AcceMance/Award of Bid for the Painting of the Pine Tree Road & Christoaher Circle Water Tanks. Mr. Hebdon — The engineer's estimate was $ 100 , 000 . This is the same company that did the water tanks last year. They have a history with the Town and they did a good job last year. The bid came in lower this year because they know the area better and we have a working relationship. Supervisor Valentino — The bids came in under the engineer's estimates . Councilman Niederkorn — Does the Town have a policy on using local firms when it is a possibility? Attorney Barney — State law dictates that the Town is to use the lowest responsible bidder. Mr. Hebdon — If an out of town bidder bids $ 100 less than a bidder in town , as long as the low bidder can prove that he is a responsible bidder, than the Town must go with the lowest bidder. We do not have a choice according to State law. Councilman Klein — Is there a dollar limit on going out to bid? Attorney Barney — It is $25 , 000 for Public Works . It is $ 15 , 000 for purchases . Councilman Klein — We could restrict the approval to local when we are in that range . Mr. Hebdon — If it is $25 , 000 or less , we can call local contractors and ask for bids . TOWN BOARD MINUTES PAGE 14 JULY 12 , 199 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney - It is still suggested to solicit three different bids . Supervisor Valentino - We do try to use local contractors when we can . Resolution Now 115 Authorization for Award of Contract Steel Water Tank Repaintin_a. WHEREAS, the Town of Ithaca has received bids for the repainting of two steel water tanks on June 25, 1999, and WHEREAS, the Town Engineer has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $67, 950. 00 for the total project made by Haight Painting Co. , of Columbia, Maryland is a qualified bid, now, therefore be it RESOLVED, that the Town Board he Town Hai ht Ithaca authorizes the award t the of contract for the Steel Water Tank Repainting 9 $67, 950. 00, subject to final approval of the contract documents by the Town Engineer and the Attorney for the Town, and be it further RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the expenditure an amount not to exceed $67, 950. 00 from budget line item F8340. 481 for contract costs incurred. MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion result as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 21 - Consent Items: Resolution No. 116(a)= 116(1). BE IT RESOLVED, that the governing nsent Town Board of the Town of 21 (h)Ithaca s presented and/or and/or adopts the resolutions for the C Agenda Items No. 21 (a) amended at their regular meeting held on July 12, 1999, MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. a. Town Board Minutes - 67199 Resolution Nos 116(a) = Town Board Minutes w617199. TOWN BOARD MINUTES PAGE 15 JULY 12 , 1999 APPROVED - APPROVED - APPROVED --AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the Town Clerk has presented the minutes for the regular meeting held on June 71 1999 to the goveming 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 June 7, 1999 as presented. MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. b. Town of Ithaca Warrants Resolution No. 116(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. 617= 763 GENERAL FUND TOWNWIDE: $ 119, 875. 30 GENERAL FUND PART TOWN. $ 15, 744. 49 HIGHWAY FUND PART TOWN: $ 90, 666. 01 WATER FUND: $218Y40713 SEWER FUND: $ 105, 096, 01 LIGHTING DISTRICT FUNDS: $ 11011 . 58 FIRE PROTECTION FUND: $481 ,250. 61 TRUST & AGENCY FUND: $ 9, 833. 44 MECKLENBURG ROAD WATER MAIN PROJECT, $ 79, 391 . 50 WARREN ROAD WATER MAIN PROJECT. $ 97. 00 MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. TOWN BOARD MINUTES PAGE 16 JULY 125 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Co SCLIWC Warrants Resolution No. 116(c) an Southern Cayucla Lake lntermunici al Water Commission 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. Voucher No. 301 -318 $ 119, 862, 40 Voucher No. 320=372 $ 467186. 02 MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye - Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Less aye. Carried unanimously. d. 1999 Semi-Annual Budget Transfers Resolution No 116(d) - 1999 Semi=Annual Budget Transfers WHEREAS, compliant with standard budget and financial practices as prescribed by the New York State Comptroller's Office and Government Accounting Auditing and Fi ci allRhe eporting Standards the Town Budget Officer has reviewed all over expended appropriations operating funds as of June 30, 1999, and WHEREAS, the Town Budget Officer presents a detailed accounting of those over expensed budget lines requiring a transfer of funds to the Town 's Chief Fiscal officer and this governing Town Board for further review and consideration, now therefore be it RESOLVED, that this governing Town Board and the Chief Fiscal Officer approves, directs and authorizes the Budget Officer to record the attached budget transfers, as recommended, for the period ending June 30, 1999, MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ayew Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Less aye. Carried unanimously. TOWN BOARD MINUTES PAGE 17 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED few Approval Cornell University Federal Work/Study Agreement Resolution No. 116(e) = Approval of Cornell University Federal Work Study Agreement. WHEREAS, the Engineering and Planning Departments have budgeted the necessary funds to cover the cost of participating in the Comell University Federal Work Study Program to provide student interns with a valuable work experience while providing the Town of Ithaca with valuable technical support, and WHEREAS, Cornell University covers 75% of the hourly wages and 100% of the employment expenses of this program and the Town would be responsible for the other 25% of the hourly wages plus 10, 25 % for non-registered students employed for the summer, and WHEREAS, the Town Board has reviewed and discussed the proposed Cornell University Federal Work Study Agreement, now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the participation in the Cornell University Federal Work Study Program for the school year of July 1, 1999 through June 30, 2000, and be it further RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor to enter into the Comell University Federal Work Study Agreement, and be it further RESOLVED, the cost of participating in the said program for the year 2000 shall be reviewed and approved during the Town Budget process for the year 2000. MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. f. Fall Brush & Leaf Pick Up Dates Resolution No. 116(f) - Fall Bush and Leaf Collection WHEREAS, the Highway Department provides yard refuse disposal services for the Town of Ithaca residents; and WHEREAS, twice annually the Highway Department will collect brush and leaves from roadsides; now therefore be it RESOLVED, that brush collection by the Highway Department will commence on October 12, 1999 until finished, and leaf collection will commence on November 8, 1999 until finished. TOWN BOARD MINUTES PAGE 18 JULY 12 , 1999 ' APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. g, Approval of filing Receiver of Taxes Annual Report. See Attachment #20 Mrs. Noteboom — It is very interesting to note that we sent out 5 , 124 . We collected 4 , 886 bills in the process . There were only 238 that turned over o1100 bills to turnThis over to the most County. e have ever collected through my off ice . We usually have 900 to Resolution No. 116 - 1999 ANNUAL REPORT - RECEIVER OF TAXES. WHEREAS, the Receiver of Taxes has presented the final report of taxes collected by her during the year 1999, and WHEREAS, the governing Town Board has reviewed and discussed the said report; now, therefore, be it RESOLVED, the governing Town Board he the of Taxes; andsbe t hereby accept for filin the 1999 Final Report of the Taxes Collected by t RESOLVED, the Town Clerk/Receiver of Taxes is hereby authorized and directed to include a copy of the said report in the body of the minutes of the Town Board for this meeting. MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows. Supervisor Valentino, Y lentino aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; u Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. h . Approval Salary Adjustments _Resolution Now 116(h) = Approval of Salary Adjustment - Keyboard Specialist. WHEREAS, the Chief Fiscal Officer, Town Clerk, and Human Resources Specialist have reviewed the following employee 's hourly wage and have determined that the said wage is well below the job rate for the said position as defined by the 1999 Salary Ranges for Job Classifications as adopted by the Town Board, 7113198; and WHEREAS, there has been a reduction of one position in the Town Clerk's Department, and the following employee has taken on extra duties due to this reduction; and TOWN BOARD MINUTES PAGE 19 JULY 12, 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the Chief Fiscal Officer, Town Clerk, and Human Resources Specialist recommend the following wage adjustment for the following employee to be effective July 4, 1999, pay day July 23, 1999, Payroll Number 15; Carrie Coates, Keyboard Specialist FROM: Class (F) $ 10. 001hr. TO: Class (F) $ 10. 751hr. Now, therefore be it further RESOLVED, the governing Town Board of the Town of Ithaca does hereby approve and authorize the wage adjustment as recommended by the Chief Fiscal Officer, Town Clerk, and Human Resources Specialist for the said employee effective July 4, 1999, MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Resolution No. 1160) - Approval of Salary Adjustment = Deputy Town Clerk WHEREAS, the Chief Fiscal Officer, Town Clerk, and Human Resources Specialist have reviewed the following employee 's hourly wage and have determined that the said wage is well below the job rate for the said position as defined by the 1999 Salary Ranges for Job Classifications as adopted by the Town Board, 7113198; and WHEREAS, there has been a reduction of one position in the Town Clerk's Department and the following employee has taken on extra duties due to this reduction; and WHEREAS, the Chief Fiscal Officer, Town Clerk, and Human Resources Specialist recommend the following wage adjustment for the following employee to be effective July 4, 1999, pay day July 23, 1999, Payroll Number 15; Deborah Kelley, Deputy Town Clerk FROM: Class (K) $ 12. 401hr. TO: Class (K) $ 13. 401hr. Now, therefore be it further RESOLVED, the governing Town Board of the Town of Ithaca does hereby approve and authorize the wage adjustment as recommended by the Chief Fiscal Officer, Town Clerk and Human Resources Specialist for the said employee effective July 4, 1999. MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; TOWN BOARD MINUTES PAGE 20 JULY 1211999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 17 — Referral of the South Hill Conservation Zone Recommendation to the Planning B= Mr . Frantz — I spoke with Kara Hagedorn , Conservation Board Chair, and she wanted to come to be involved in the discussion . She wanted to be here to answer questions . Resolution Nov 120 - REFERRAL OF PROPOSED LOCAL LAW REZONING CERTAIN AREAS ON SOUTH HILL FROM R- 15 R-30 MR AND SLUD TO CONSERVATION ZONE TO PLANNING BOARD FOR A RECOMMENDATION. WHEREAS, the Town of Ithaca Comprehensive Plan (September 1993) and the Town of Ithaca Park, Recreation and Open Space Plan (December 1997) have identified certain lands in the South Hill area, among other areas in the Town, as being environmentally significant, warranting the preservation of their outstanding natural values, and WHEREAS, at the request of the Town Board, the Town 's Conservation Board and Codes an Ordinances Committee have come forth with a proposal to rezone three areas within the South Hm area to Conservation Zone, and WHEREAS, the rezoning proposal includes in and around Falls State outh Hill Swamp, and land d adjacent to the park's eastern boundary, la adjacent to Six Mile Creek, now, therefore be it RESOLVED, the Town of Ithaca Town Board hereby refers the proposed local law amending the Town of Ithaca Zoning Map rezoning certain areas on South Hill from Residence Districts R- 15 and R-30, Multiple Residence District and Special Land use District to Conservation Zone to the Planning Board for a recommendation, with the understanding the Planning Board will work with the ad-hoc committee appointed by the Town Supervisor for the purposes of reviewing the proposed district boundaries. MOVED Councilman Niederkom, SECONDED Councilman Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, y , an Conle a e; Councilman Niederko , aye; Councilman Lesser, a Y r e - Councilman Y, aye. Carried unanimously. Agenda Item No. 18 — SEOR Related to the Purchase of Development Rights Policies & Procedures. See Attachment #40 Supervisor Valentino — Mr. Frantz provided the board with a memo that outlines the questions that raised at our last meeting . TOWN BOARD MINUTES PAGE 21 JULY 12, 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz — The main question was what was to be included in the farmstead . Supervisor Valentino — Mr. Frantz has come up with a good case for including the barns , etc . Councilwoman Russell — It seems to be the best way to handle the situation . It is much more straightforward . Councilman Lesser — The situation may arise that if there is a consolidation of farms , that someone may want to use the fields and not the farmstead . What would happen under those circumstances? Mr. Frantz — They would still be able to use the farmstead . Councilman Lesser — What happens to the farmstead if they do not wish to use the farmstead ? Councilwoman Russell — Will this stop someone from renting their land as an apartment? Mr. Frantz — No. The issue Councilman Lesser raised is when a neighboring farmer purchases the entire farm ; they already have their farmstead . They do not need a second one . In that case they could rent the house . There is nothing that would prevent them from renting the house . The barns could also be rented or removed . Councilman Niederkorn — How would they remove something that is part of the easement ? Mr. Frantz — It would not be removed from the easement. The buildings are demolished . Supervisor Valentino — Once something is in the easement is cannot be removed . There are options . They can demolish the buildings and farm the land . They could rent the homestead and rent the barn space. Mr. Frantz — They would not be allowed to subdivide the farmstead . It is not going to be something that landowners like . The idea is to preserve the entire farm . The Town does not want to give the opportunity for someone to buy the farm and subdivide off the house and 5 acres . Councilman Lesser - The requirement of a farmer having to buy the farmstead may potentially increase the total cost of the acquisition . It may make it infeasible for others to do . Mr. Frantz — Is the concern that a farmer may have enough money to buy the land and not the house and buildings? Councilwoman Grigorov — The land cannot be subdivided . Supervisor Valentino — The homestead could stay with the original owner. It does not preclude whom you can sell the farm or portions of the farm to . TOWN BOARD MINUTES PAGE 22 JULY 12 , 199 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz — There is a provision on subdivision of lands subject to an easement . The first criteria that the Town would look at before approving the subdivision is that all farm tracks created by the subdivision are and will remain economically viable for agricultural protection . This precludes them from being able to subdivide off the farmstead and a few acres around it . Councilman Lesser — Does it define what economically viable means? Mr. Frantz — Is this something that we want to adopt the policy as written ? This would get the program running . This is an issue that I do not know will ever come up . If we do run into a problem , we can look at it again . Supervisor Valentino — We have farmers interested and have grant applications . Councilman Lesser .— I am uncertain with making this perpetual . There are a number of other programs like this . Some of them do allow somebody to buy themselves back. Agenda Item No. 10 — PUBLIC HEARING : "A LOCAL LAW FOR A PERIOD LOCAL LAW NO. 6 OF THE YEAR 1999 TO INCLUDE A MOR MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEAM COMMERCIAL BUSINESES IN EXCESS OF 7500 SQUARE FEET" . Supervisor Valentino opened the public hearing at 6:45 p. m. The Town Clerk had proof of posti and publication. Supervisor Valentino post-poned the public hearing until 6:48 p. m. Agenda Item No. 18 Cont' d. Mr . Frantz — In Massachusetts , after 25 years the State allows landowners the option of buying back the development . In Long Island , 25 years down the road from signing an easement , the farm could be completely surrounded by development . After 25 years in Massachusetts , if the landowners would like to buy back the development rights the State will consider it . If the State agrees , the value of the development rights is based on the market c o Councilman Lesser — There would be a substantial cost and penalty, but it is possible . Mr . Frantz — In the easement that we n o looking for there is a provision that allows some reconsideration every 20 years . There is a opportunity Councilman Niederkorn — Will that be in the easement that the Town is looking at? Mr . Frantz — We are looking at a model easement aeCoundcibwoman Russell American We have not made any decisions . Attorney Barney and it and have been helpful . Councilwoman Russell — It also will allow for amendment of the easement . There is some flexibility TOWN BOARD MINUTES PAGE 23 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Agenda Item No. 110 — PUBLIC HEARING : "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO. 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESES IN EXCESS OF 7500 SQUARE FEET" . Supervisor Valentino re-opened the public hearing at 6:48 p. m. The Town Clerk had proof of posting and publication. Muriel Brink, 206 Tudor Road — I would encourage the board to vote for the moratorium . I live in the East Hill area and I am concerned about any further development before the Zoning Ordinance is updated . Edith Cassel , 152 Pine Tree Road — I would like to encourage the moratorium . Businesses are interested in development and there are people who would benefit from the businesses . The community then needs to be looked at and how they might be impacted by the businesses . It is a good idea for the Town Board to be able to consider how they want the Town to be developed . This is also an opportunity to bring the Zoning Ordinance in accordance with the Comprehensive Plan . Ruth Mahr, 103 Judd Falls Road — East Hill is under pressure from development . This moratorium will give the Town an opportunity to assure whatever development takes place in the East Hill area enhances the neighborhood . I support a moratorium that will give us time to consider the future of the Town in general and the East Hill area . I would have supported the moratorium stronger if it eliminated all commercial development for 9 months . Eric Mendelson , 98 Hickory Circle — I am a regular to the East Hill Plaza . I am not against full development. The development that might occur at this location needs to be looked at carefully. My family is from Vestal , NY. Vestal is a small town as is the Town of Ithaca . When the area hit economic difficulties , they welcomed all development bringing any promise of revenue with open arms . This has radically transformed the neighborhoods on either side of the Parkway. Big box developments have come in along the Parkway. I ask that we have more positive types of development in mind . Beverly Livesay, 147 Snyder Hill Road — I urge the board to pass the moratorium . I want to thank the board for discussing it. The Town is at a critical time making sure that the development is where the citizens of the Town feel that it ought to go. I had hoped that the moratorium would have included new commercial construction . There has not been much input opportunity on the front end to shape this . I hope that this will cover all concerns . Susan Shefter, 145 Pine Tree Road — A new sign has been set- up next to the Citgo station advertising commercial space to lease 7300 square feet. The developers are ready to spring into action . Whatever number of square feet is decided upon , the developers will come in under that . Gregg Bell , 113 Penny Lane — I am in favor of the moratorium and any stricter version . The Town does seem to be at the threshold of having a lot more intense commercial pressure . Residents on TOWN BOARD MINUTES PAGE 24 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED East Hill are concerned about it. The issue of smart growth is something that within the last 8- 10 months has swept the country. We are seeing a specific example of this pressure within recent months . There have been numerous newspaper articles and speeches on a national basis recognizing the issue of commercial impacts . Al Gore is trying to position himself for the Presidential campaign on smart growth as an issue . This is saying that unwise development patterns should be carefully looked at. We are developing communities that do not have sidewalks . They are not pedestrian friendly and require automobile and gasoline use . Tom Murray, 62 Springrun Road — I am a business owner at East Hill . I find that this moratorium is inappropriate at this time . The Town Board is pulling the rug out from under the feet of business owners with regards to economic viability of our property. What am I supposed to do for the next nine months to a year? It is not necessary. Knowing Ithaca , a lot of thought has already gone into the current zoning . These things must have been thought out before . The Town needs to follow the rules that have already been established for running this community and move forward . If the Town wishes to make changes do not put a road block in front of every single developer or business owner This just because traffic may increase. I live in the airport traffic will nlche ease traffic on East HiIL Why community is going to continue to go . It is inevitable cannot the business community prepare for the future? CFCU has already been approved . The Town has already set the precedent . A tax exempt , not for profit organization receives a green ligh There is a tax paying business that wants to come into the same area with a drive-through , smalle square footage . The Board says no or creates a moratorium . I have a problem and concerns wit that. What type of message are you sending to the business community? We pay a big portion the tax bill . It is very frustrating to be forced into silence do to some of the reactionary tactics tha take place in this community. I think it is wrong . It is overkill to go with a moratorium . There are issues that need to be discussed . There is a process in place . Go through the process . Let us stop creating more rules and regulations . Do not kill the value of my property for the next nine months to a year. Supervisor Valentino — The Credit Union is not tax exempt. It is taxable . Supervisor Valentino closed the public hearing at 7:30 p. m. e not Councilman Niederkorn — You will have to excuse clarification questions .and I assume that this rboard familiar with the background discussions. We ha ve c I do not now it that means the is intending on solving this problem within the net nine months the Town ks only dealing with the entire Zoning Ordinance needs to be addressed a commercial aspect . If we are going to deal with the he s ameasonable t me development mportant that there it of Ithaca and the impact of zoning , then nine months are variances that could occur. Chances are getting a variance during this nine month period would be very difficult . to ma Supervisor Valentino — It has always been our intention dments toWhe Zoning IOrdinancer arel n progre a decision at the end of the moratorium . The a We felt it was reasonable to complete the work within nine months . TOWN BOARD MINUTES PAGE 25 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney — We have drafted the Zoning Ordinance in segments . We are going back to commercial because it might not have been examined as intensively as it should have. Nine months is a reasonable period of time. Councilman Lesser — Does a new commercial business mean a new owner or new use moving into existing facility? Does it mean new construction ? Supervisor Valentino — We felt that the present Plaza could still have commercial growth during that time . The number 7500 square feet was chosen because it was the recommendation for neighborhood commercial zones not to exceed . It has not been decided if that is what the limit should be . Mr. Murray — Who is representing the business community? Councilwoman Grigorov — I can give you a copy of the variance procedure . It is a hardship . Supervisor Valentino — The public hearing is closed . I cannot open it again . Councilwoman Russell — Our Comprehensive Plan calls for us to keep primary commercial centers . It also calls for not drawing traffic through our neighborhoods . There is language in our Comprehensive Plan that has caused us to draft this legislation . To address problems of traffic through neighborhoods and ways to distinguish between uses . This moratorium will give us time to hold these discussions . Councilwoman Grigorov — There will be discussions and hearings during the moratorium . Supervisor Valentino — We will have informational hearings . We hope that there will be input from business owners and residents . To draft good legislation we need to take everything into consideration . The final decision should not be based on the majority and minority. The decision needs to be based on looking at the entire community and all the people that live in the neighborhoods or work in commercial areas . One group should not have preference over another. It is hard to balance . It is our intent to try and balance everyone's interest. Councilman Niederkorn — There is a typographical error on page 4 under Section VI Variances, second line. It should be for instead of from . Agenda Item No. 11 — Adoption , "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO. 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESES IN EXCESS OF 7500 SQUARE FEET". See Attachment #3. Resolution No. 117 = ADOPTION A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO, 6 FOR THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS r Am TOWN BOARD MINUTES PAGE 26 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 91 1999 - APPROVED - APPROVED - APPROVED REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NE COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET. 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 July 12, 1999 at 6:45 p. m, to hear all interested parties on a proposed local law entitled "A LOCAL MORATORIUM FOR A RESTATING PERITOD O� NINE MONOTHS FOR THE YEAR 1999 TO INCLUDE REGARDING THE ESTABLISHMENT OF AN SQUARE FEET';STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS O F 7500 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 16 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) this action is a Type 11 action, not requiring environmental review• and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens t adopt the moratorium as set forth herein; THEREFORE,NOW , THER , be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled TO "A LOCAL LAW AMENDING AND RESTATING CAF LAW INE MONTOHS THE YEAR REGARDING 99T INCLUDE A MORATORIUM FOR A PERIOD IN ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY attached hereto EandlAmade a partsof this EXCESS OF 7500 SQUARE FEET", a copy of which resolution; and it is further RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law book of Ithaca,abstract or summary thereof n the adoption of said local law by publication of such local law o an the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York. MOVED Councilwoman Russell, SECONDED Councilman Conley. A vote on the motion resulted as follows: ROLL CALL VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, a Councilman Lesser, aye. Carried unanimously. AdrML TOWN BOARD MINUTES PAGE 27 JULY 1211999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Agenda Item No. 18 Cont' d. Mr. Frantz — There is a possibility of farmers not wanting to buy other farms . They would have to pay for the agricultural land and the farmstead . This could be enough of a financial burden to preclude the sale of the farm . I have been going through the easement that the Town is looking at. It does have provisions that allow subdivisions of lands under easements. This easement divides the farm into three categories , acceptable development area , farm area , and the resource protection area . The easement allows the creation of a number of residential lots that is decided before the easement is signed . The farmer will have to decide if they want to subdivide in the future , they have to decide how many new lots and where they would be. The lots would be crafted as acceptable development areas in the easement . On page 17 of the Policy Manual , under Section Subdivision of Land Subject to an Easement . It can be revised to read "The subdivision furthers an agricultural purpose , including the expansion of an existing agricultural operation , and all farm tracks created by the subdivision are and will remain economically viable for agricultural production ". The subdivision would further an agricultural purpose . It is allowing an adjoining farmer to expand their operation . It makes the purchase of the farm affordable to them by having the option of being able to subdivide it. They could come to the Town and say they would like to purchase the farm without the farmstead . They cannot afford to buy the whole farm without being able to sell the farmstead . After documentation , the Town Board can take it under consideration . Supervisor Valentino — The farmstead area itself would be sold as a subdivision . What would be the allowed uses of the farmstead ? Mr. Frantz — The easement would continue to apply to the farmstead . There are a wide variety of uses allowed including farming , residential dwellings , agricultural related commercial activities , home occupations . Supervisor Valentino — Would a bed and breakfast be allowed? Mr. Frantz — It would fall under the home occupations or rural enterprises . Revising the one section it would address the concerns raised . It gives the potential buyer a mechanism by which they can buy the farm or subdivide the rest of the farm off the farmstead . Councilman Lesser — This will lead us in the right direction . Mr . Frantz — We do run the risk of someone buying a mini estate . This would be the price of allowing a farmer to expand their operation . This estate will have an easement on it that they are moving into an agricultural area . Councilman Niederkorn — I did not understand why there is a requirement that there be mowing at the Town 's direction . If it is a viable farm then it should not be a problem . I can understand that mowing the fields is to keep them open . You cannot make farming be successful . If it is not going to be successful , then it is going to revert to woods and weeds . To require a landowner to mow and make it look like a farm . I do not understand why it is included . TOWN BOARD MINUTES PAGE 28 JULY 12 , 199 APPROVED - APPROVED - APPROVED --AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz — This provision came from the farmers on the Agricultural Committee . Farming in the Town of Ithaca is marginal . We are running a risk of purchasing the development rights of farmland that may actually be abandoned . We wanted the provision to keep the brush from overtaking the land . If the landowner does not do it , the Town will retain the right in the easement to do it . The time will be charged back to the owner. It is a commitment on the part of the landowner. Councilwoman Russell — We are hoping to revitalize the farming industry in the Town . The intent is to attract serious farmers to our Town . Councilman Niederkorn — The areas have already been established . Do you think many farmers will be interested in the easements? It seems very elaborate . Mr. Frantz — It is in place in case it become ave evaluated most oft a will be necessary, It has tracks using the been proven useful for in house purposes criteria . We have a good idea for the better tracks of land . Councilwoman Russell — We need to prioritize in some way. There is a limited amount of funding . Councilman Klein — In absence of it , what would we do? Councilman Niederkorn — It could be done on the first come, first serve basis . Councilman Klein — The applications are being accepted on a rolling basis . Mr. Frantz — If we apply for grants from the State , the information will be useful to include in the grant application . Councilman Niederkorn — What might happen under this system if 50 years from now farming is not viable? Mr. Frantz — If it is not viable in 50 years the program would have to be reconsidered . It will go through several reviews and evaluations . Changes and modifications will be made over he en years . I g not see development totally gone do not see agricultural Town loglt aca . We have a modest growth rate . p agricultural sector in the Councilman Lesser — The benefit of the system is if it is attractive and farmers buy into it . If there are a lot of uncertainties about the future , it is difficult for someone to make a decision . This is a major financial decision . Many farmers have little cash , but a lot of equity. To ask them to make a decision when things may or may not change in the future might make it unattractive . The alternatives for the future need to be made clear. Mr . Frantz — Many of the farmers in the Town of Ithaca are past the retirement age . One of t concerns is that they would be able to sell their farm to a young farmer. They do not want it to back to brush and woods . This is also an economic development program . We are looking a TOWN BOARD MINUTES PAGE 29 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED potential of $3 million cash inflow into the agricultural sector. Hopefully it will help it through the slump . Councilman Klein — Since the farmers will receive money for the easement , the price of the land is not much less. It becomes more viable . The farmer coming in is not buying it at market rate . They are buying it significantly less. Mr. Frantz — This is a way for the new farmer to leverage the purchase and reduce their cost. A farmer can get the cash for the development rights to distribute to the heirs and be able to convey the farm to one of the heirs . It also can be used for retirement . Supervisor Valentino — We do not know what the future holds . When we did the Comprehensive Plan it was one of our major items . We wanted to preserve farming in the Town of Ithaca if we could . We looked at ways to be able to do that. This came to the surface as the only thing that may help farming survive . We are committed to working with the farmers and see if it will survive . Resolution No. 118 - SEQR Determination Adoption of Agricultural Land Preservation Program Policies and Procedures Manual. WHEREAS, the Town of Ithaca Town Board on December 8, 1997 did adopt a comprehensive Park, Recreation and Open Space Plan that includes new zoning and farmland protection measures designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca, including a voluntary purchase of development rights (PDR) program, and WHEREAS, the Planning Department has prepared for consideration by the Town Board a proposed policies and procedures manual for a Town of Ithaca Agricultural Land Preservation Program to implement the acquisition of agricultural conservation easements through PDR, and WHEREAS, the adoption of said policies and procedures manual is an Unlisted Action for which the Town Board is lead agency for environmental review, and WHEREAS, the Town Board has reviewed a completed Short Environmental Assessment Form Part I and Part 11 prepared by the Town of Ithaca Planning Department, now, therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and therefore, an Environmental Impact Statement will not be required. MOVED Councilwoman Grigorov, SECONDED Councilman Niederkorn. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye, Councilman Conley, aye; Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. TOWN BOARD MINUTES PAGE 30 JULY 12 , 199 APPROVED - APPROVED - APPROVED -­AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Agenda Item No 19 Adoption of the Purchase of Development Rights Policies an Procedures. Mr . Frantz — In the introduction , I would like to add a paragraph that discusses the possible tax benefits. The paragraph would state that the farmers/landowners would need to consult their tax advisors . Councilwoman Russell — The idea needs to be introduced . Attorney Barney — It will need to be worded carefully. Mr . Frantz — On page 17 , 1 recommend that "g" be deleted . The new "g" would be subjects to limit set forth in the Town of Ithaca Zoning Ordinance residential dwellings including their existing dwellings and their accessory buildings and their improvements are permitted on the property as shown on the easement map . There would be a new "h" that would allow farm support housing . Farm support housing is allowed in the Town of Ithaca Zoning Ordinance . It is a second separate dwelling unit that is allowed to be built on a farm property for farm workers or members of the family. Supervisor Valentino — Are they the same as Elder Cottages? Farm Mr. Frantz — Elder Cottages are separate . They would under allowed. Ord man pe port housing ma be migrate labor housing . It is also allowed in the as Attorney Barney — There are a number of changes ,board meeting these amendme tst wouldobeylaid presented with the understanding that at the ne t out . Resolution Now 119 - Ado tion of Agricultural Land Preservation Pro ram Policies and Procedures Manual. WHEREAS, the Town of Ithaca Town Board on December 8, 1997 did adopt a comprehensive Park, Recreation and Open Space Plan that includes new zoning and farmland protection measures designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca, including a voluntary purchase of development rights (PDR) program, and WHEREAS, the Planning Department has prepared for consideration by the Town Board a proposed osed policies and procedures manual for a Town of Ithaca Agric ultural Land Presery and ation Program to implement the acquisition of agricultural conservation easements 9 PDR WHEREAS, the Town of Ithaca Agriculture Committee has dg the document es and procedures manual, and has made specific recommendations have been considered by the Town Board and incorporated into the document, and i ?OWN BOARD MINUTES PAGE 31 JULY 1211999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, the adoption of said policies and procedures manual is an Unlisted Action for which the Town Board has made a negative determination of environmental significance; now, therefore be it RESOLVED, the Town of Ithaca Town Board hereby adopts the proposed policies and procedures manual, for a Town of Ithaca Agricultural Land Preservation Program, dated April 5, 1999 and revised on April 26, 1999 and June 1, 1999, and be it further RESOLVED, the Town Board hereby directs Town staff, boards, and committees to utilize the policies and procedures contained in the above referenced manual in the implementation of the Town of Ithaca Agricultural Land Preservation Program, and in particular, to implement the acquisition of agricultural conservation easements through the voluntary purchase of development rights program. MOVED Councilwoman Russell, SECONDED Councilman Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 17 — Referral of the South Hill Conservation Zone Recommendation to the Planning Board . Kara Hagedorn , 327 West King Road — We had a successful public information meeting. The Conservation Board has been working hard on this proposal for the last year for 3 areas on South Hill . The response was positive . The only comments that were not in support were Ithaca College. Unfortunately, they did not hand in written comments . Ithaca College's statement was very ornery and inappropriate for a public information meeting . The type of statement they made was much more appropriate for a public hearing . We were there to answer questions . They said that they had problems and questions with the report that the Conservation Board put together. They did not give specific questions for us to answer. Instead , Ithaca College read a statement with strong language in it. They read a statement saying that they would not cooperate with the Town if they go forward with this proposal . They stated that they were shocked by this proposal . I want to remind the board that in 1990 the Environmental Management Council designated this area as a unique natural area . It was brought to everyone 's attention that it is one of the last areas in the Town of Ithaca left undeveloped . It has been known for over 100 years to be one of the riches botanical sites in the Town of Ithaca. In 1993 , the Comprehensive Plan dictates it conservation/open space . There was a question on rather or not to have an observatory. There were discussions that it would eventually become a conservation district. We have been working on this for a long time . Supervisor Valentino and Mr. Kanter have been in discussions with Ithaca College , Mr. Frantz — Ithaca College owns about 560 acres on South Hill . This proposal would put about 240 acres of that land in a conservation -zoning district . We would impact 43% of their land with the conservation district . TOWN BOARD MINUTES PAGE 32 JULY 12 , 199 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Councilwoman Grigorov — Does this prevent them from doing anything ? Mr. Frantz — They can do a lot of things including educational uses . I do not see them getting special approvals to build major academic buildings . They would still need to meet the criteria laid out in the Zoning Ordinance . Councilwoman Russell — How much of their land is developed now? How much land is available for expansion ? Mr. Frantz — Right now Ithaca College has 170 acres developed . Within that are buildings , parking lots , lawn areas , athletic fields , and dormitories . The Raponi parcel is 88 acres in size . There is tank back about 70 acres outside the conservation zone , ethe allowing them from the and the City of Ithaca that is n t towards campus . There is another 20 acres below developed . Supervisor Valentino — Some of the area would need to have a buffer because it is next to residential homes . Mr . Frantz — They do have buffer strips . There is enough room for Ithaca College to expand i campus by 50% . Councilman Niederkorn — Does Ithaca College have a master plan ? few Supervisor Valentino — No . Mr. Kanter and I havTthad have indicated gshav having an educathonal zone . years to encourage them to have a master plan . y They have never started on it . Mr . Frantz — In the early 1990' s the Town pushed for a campus plan . Ithaca College has been getting criticism about using open space on the campus . Ithaca College maybe at a point that college and universities eventually face . Cornell University faced it 30 years ago . Suddenly, they have to decide to densify their campus. Eva Hoffman , 2 Sugarbush Lane — The last few times that there have been Ithaca College projects before the Planning Board they have specifically said that they do not intend to expand the student body. They are only concerned with modernizing their facilities . I do not think it is likely that they are going to need a lot of room for expansion . Councilman Conley — Troy Road is a distance away from campus . Ms . Hagedorn — It is still in the conservation zone . Ithaca he Town Board for utndtersgtand that any la do think the buffer is extraneous . It is important shallow soils , ra within the conservation district is inappropriate for development . It is steep slope ,is plants not found elsewhere in the Cayuga basin or New Yor otaof negot at onsbon �gisaw th Iha This boundary is clearly justified . There does not need to be a -TOWN BOARD MINUTES PAGE 33 JULY 1211999 APPROVED - APPROVED - APPROVED -AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED College. This board has every right to change the zoning . This is a proven unique area . I encourage this board to move the process on to the Planning Board . I have never seen the type of support there is now for open space . People see what urban sprawl is doing. They see that the changes need to happen now for future generations . These issues are coming up all the time. Subdivision would fragment this land . This is a rare wetland . If the drainage is changed , it will dry up. There is Federal protection for wetland . This plan is protecting this area for the future . We are enjoying beautiful trails and pavilions . This plan will allow future generations to enjoy this area as well . The Conservation Board was mandated with looking at an area of Buttermilk Falls State Park south of King Road , South Hill Swamp, and Six- Mile Creek. At the public information hearing I refer to the buffer on the East Side of Buttermilk Falls State Park. This will protect water quality and Buttermilk. Someone looking at the Open Space Plan brought it to my attention that if we are talking about the east side of Buttermilk Falls State Park we need to expand it past Stone Quarry Road to another piece of property. Mr. Frantz — There is about a 21 -acre parcel of land off Stone Quarry Road . It is zoned R-9 . It is located above the main campground at Buttermilk Falls State Park. There could be 3 dozen homes built on this parcel . It does look down through the woods . Ms . Hagedorn — We keep talking about conserving the East Side of Buttermilk Falls . We can easily include this . We have justification for this . It needs to be included . Councilwoman Russell — How many owners are there? Mr. Frantz — There are two contiguous parcels , but they are under single ownership . Councilman Lesser — How did this go unnoticed ? Ms . Hagedorn — We were to look at King Road to the south . This is what we were focusing on . think it is best to do Buttermilk as one . The Conservation Board was told to focus on the side parallel to 96B. Supervisor Valentino — We can ask the Planning Board to investigate this . Ms. Hagedorn — There is a trail from the campground that connects to the cemetery. This property is in close proximity with the trail and campground . Mr. Frantz — Due to terrain and the configuration of the parcel , it is likely that this would be parallel to the boundary of the park. Councilman Lesser — Is there a vertical difference? T: -TOWN BOARD MINUTES PAGE 34 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mr . Frantz — There is a substantial vertical difference . It is about 50 feet lower. The noise from the campers can be heard . Councilman Lesser — I am not sure what this district is trying to protect . There are watersheds ; natural conservation and rare plants are understandable . That is not what is being talked about . Ms . Hagedorn — We are trying to have a buffer on Buttermilk Falls State Park. Mr. Frantz — The conservation zoning district concept is preserve open These are areas of he Town woodland , steep slope , areas of highly erosion soils , st eam corridors , where R-9 , R- 15 , R-30 intensity development is not appropriate . At Buttermilk Falls State Park and Robert H . Treman State Park there is the benefit of this type of zoning . Councilman Niederkorn — Can we break this into 2 or 3 setsdealing with the Ithaca Col elge It is a wonderful thing . I am unable to support this resolution if we are recious property at this point. There is a precious plans , cannot dec de how malty acres they to resource . We do not know Ithaca College p a expand . We have gotten Ithaca College' s attention . The Town needs to find out what they think. The Town should not ignore their concerns . Supervisor Valentino — At this point we are only referring this to the Planning Board , Councilman Niederkorn — We cannot refer this to the Planning Board under its present condition , is not ready. Councilwoman Grigorov — It is being referred for the Planning Board to study. Councilman Niederkorn — To satisfy me , it will have to go to the Planning Board with a proviso that they deal with Ithaca College and work out an arrangement , Supervisor Valentino — We have had meetings with Ithaca College on a regular basis . We are trying to encourage them to draft a master plan . Councilman Niederkorn — It will be a serious mistake to send this on without giving the Planning Board specific instructions . He Supervisor Valentino — We had a meeting with Tom Salm before the they haveanot had a cgance at that point said that he was going to make a strong stateme nt because to look at what they need to do . His statement was probably see mov ng this to the Plannb g The Ydo want to work with the Town on a master plan . l do Board is a threat to Ithaca College at this point . it 6 months from nil Councilman Niederkorn — I would much rather oppose this e ommendation �� do not know what t after the Planning Board has sent is back to us with their 70WN BOARD MINUTES PAGE 35 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Planning Board will be looking at. This area will be zoned to the minimum lot size . There will be severe restrictions on what else they can do besides housing . I do not think that the Zoning Ordinance allows them to do things that they want to do . It is not the right approach to take to something as important to the economy of this community. Councilwoman Grigorov — How do you think it should be done? Councilman Niederkorn — It should be done the same way this work was done . We all know the issues . Supervisor Valentino — Ithaca College is planning to hire experts to compare with our experts. Councilman Klein — Mr. Salm read from a statement and he took the statement with him . Supervisor Valentino — We do not have an official statement. Councilman Klein — There has been many discussions with the landowners . Boundaries were moved and there was a lot of consideration given to those whose land was affected . Is there something that ® we can add to the resolution ? Councilman Niederkorn — I have not heard any controversy on the area east of the trail . We can break this down . Supervisor Valentino — This is broken down into the smallest section that we can do correctly. Councilman Niederkorn — What happens after the Planning Board has their public hearing? Supervisor Valentino — It would come back to the Town Board . We would have to do the final approval of the rezoning . Attorney Barney — A subcommittee would be appropriate to deal with the concerns of Ithaca College . Someone from the Planning Board , Conservation Board and Town Board could discuss this with Ithaca College . Then have their agreement taken to the Planning Board , Mr. Frantz — I think moving forward with this as proposed will help Ithaca College focus and give them guidance as far as how Town of Ithaca wants them to direct their future development . In the long run it will save them a lot of grief if they took the boundary line and respected it for their planning for the future . It is a zoning district . If 10 or 15 years down the road , Ithaca College can make the case that they need to have the boundary line modified , then the Town Board can revisit the issue . Supervisor Valentino — Would it make sense to defer our referral to the Planning Board until our August meeting . In the mean time set up a committee . Ms. Hagedorn — What if other property owners come forward and have concerns? ?OWN BOARD MINUTES PAGE 36 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney — When the Town did the last conservation district , every landowner was talked to well in advance of the zoning coming up . They have not really talked with Ithaca College . I have not really talked with John Sincebaugh . I would like to head off lawsuits . This means that we have to compromise a little bit to assure that we are not going to spend Town resources fighting a lawsuit . Ithaca College may have some misconceptions . This is a chance to talk with the people whose land is being drastically rezoned . Councilman Conley — How much of this area is Sincebaugh property? Councilman Klein — Part of his property is in the conservation zone now. It is bisected by the trail . Supervisor Valentino — The only thing that will slow us down is that Ithaca College does not have a vision of what they want to do . Attorney Barney — At least they are given the opportunity. Resolution No. 120 - REFERRAL OF PROPOSED D SLUD LOCAL O CONSER AT ION ZONE TO PLANNING SOUTH HILL FROM R- 15 R 30 MR A BOARD FOR A RECOMMENDATION. WHEREAS, the Town of Ithaca Comprehensive Plan (September 1993) and the Town o Ithaca Park, Recreation and Open Space Plan (December 1997) have identified certain lands in th South Hill area, among other areas in the Town, as being environmentally significant, warranting the preservation of their outstanding natural values, and WHEREAS, at the request of the Town 8 oard, area Board within he Codes outh Hil o Ordinances Committee have come forth with proposal to rezone three area to Conservation Zone, and WHEREAS, the rezoning proposal includes Buttermilk Falls State Park and lands directly adjacent to the park's eastern boundary, lands in and around the South Hill Swamp, and land adjacent to Six Mile Creek, now, therefore be it RESOLVED, the Town of Ithaca Town Board hereby refers the proposed local law amending the Town of Ithaca Zoning Map rezoning certain areas on South Hill from Residence Districts R- 15 and R-30, Multiple Residence District and Special Land use District to Conservation Zone to the Planning Board for a recommendation, with the understanding the Planning Board will work with the ad-hoc committee appointed by the Town Supervisor for the purposes of reviewing the proposed district boundaries. MOVED Councilman Niederkom, SECONDED Councilman Lesser. A vote on the motion resulted follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Less aye. Carried unanimously. TOWN BOARD MINUTES PAGE 37 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Agenda Item No. 20 ON Authorization to Apply for Grants Under NYS Clean Water/Clear Air Bond Act and/or NYS Environmental Protection Fund for : a. Farmland Protection — Purchase of Development Rights Program . Mr. Frantz — We have 3 possible landowners . Two are interested and I am trying to contact one . He owns the first or second ranking farm in our criteria . It is over 250 acres is size . We have to have specific properties for the grant application . Supervisor Valentino — We have $50 , 000 in the fund and then we were going to put more in the fund . Mrs . Noteboom — The amount in the Open Space Plan reserve is $54 , 000 . 49 . We have not added the other $25 , 000 because we were waiting for the second sales tax refund . Resolution No. 121 - AUTHORIZATION FOR TOWN STAFF TO PROCEED WITH GRANT APPLICATION FOR FARMLAND PROTCTION PURCHASE OF DEVELOPMENT RIGHTS PROGRAM WHEREAS, the New York State Department of Agriculture and Markets will be accepting applications for funds to implement agricultural and farmland protection programs under the 1996 Clean Water/Clean Air Bond Act and the State Environmental Protection Fund, and WHEREAS, the Town of Ithaca is an eligible and interested applicant for funds under this program, and WHEREAS, the Town of Ithaca Town Board on December 8, 1999 did adopt a comprehensive Park, Recreation and Open Space Plan that includes proposals for new zoning and farmland protection measures designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca, including a voluntary purchase of development rights (PDR) program, and WHEREAS, the Town of Ithaca Town Board on July 12, 1999 did adopt a Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program, and has directed Town staff, boards, and committees to utilize the policies and procedures in that manual in the implementation of the Town of Ithaca Agricultural Land Preservation Program, and in particular, to implement the acquisition of agricultural conservation easements through the voluntary purchase of development rights program, and WHEREAS, several potential candidate parcels have been identified as qualifying under the PDR program with willing landowners, for which the Town of Ithaca Town Board has authorized staff to proceed with appraisals to determine the agricultural value of those properties, and TOWN BOARD MINUTES PAGE 38 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, funds for purchase of development rights are available to qualifying counties and municipalities that have in place a local farmland protection plan for up to 75 % of project costs, now, therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby support the use of Town and State funds to acquire agricultural conservation easements through the voluntary purchase of development rights program, and, be it further RESOLVED, that the Town of Ithaca Town Board authorizes staff to complete and submit an application for grant funding through the 1996 Clean Wafer/Clean Air Bond Act and the State Environmental Protection Fund for the Town�e Town Board intends Land fund►tng a�o�al match an amount not to exceed $231 , 000 and that up to 25 % of the total project costs for the above described project. MOVED Councilwoman Grigorov, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Aft b. Historic Preservation — Town Hall/Downtown Post Office Project. Id us til Supervisor Valentino —This is the same grant he last because ' theyl ase on y including grants that were resubmit it this year. We are further up o submitted last year . Resolution No. 122 - AUTHORIZATION FOR S�OR TOWN HALUPO OFFICE PROJECT.GRANT APPLICATION HISTORIC PRESERVATION FUN D WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation will be accepting applications for funds for projects of Historic Places under he 1996 Clean Ae properties rties on the State or National Register Bond Act and the State Environmental Protection Fund, and WHEREAS, the Town of Ithaca is an eligible and interested applicant for funds under this program, and WHEREAS, the Town of Ithaca now owns the Ithaca Post Office building, and the Town Board has authorized a rehabilitation project to convert the building to a new Town Hall and lease back a portion of the building to the U. S. Postal Service to operate a postal store, and WHEREAS, the Town of Ithaca Town Board submitted a grant application in 1998 under above referenced programs, for which the Town has been encouraged to resubmit the applicati and 0 . TOWN BOARD MINUTES PAGE 39 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED WHEREAS, it appears that the timing of the grant award announcements and the Town 's anticipated construction schedule would coincide so that the grant could be applied toward the project construction costs, and WHEREAS, the estimated total project cost for the Town Hall project is approximately $ 1, 945, 789, now, therefore be it RESOLVED, that Catherine Valentino, as Supervisor of the Town of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the State Environmental Protection Act and/or the Clean Water/Clean Air Bond Act, in an amount not to exceed $500, 000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Ithaca for the "Ithaca Post Office Rehab " project for re-use as the Town of Ithaca Town Hall. MOVED Councilman Klein, SECONDED Councilman Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. c. Park Development — Inlet Valley Community Park. Supervisor Valentino — What percentage will the Town pay? Mr. Frantz — It is approximately $410 , 000 . This can be over several years . The development of these parks will be over 2 to 3 years . The State will fund a maximum of $350 , 000 . Councilwoman Russell — Do we have funds for parkland development? Supervisor Valentino — No . Mr. Noteboom — The $750 , 000 estimate uses the market rate . All the labor could be allocated in Town services . Mr. Frantz — We use market rate for reimbursement . We have not considered outside donations , intend to get letters of support when I am writing the grant applications . Councilman Niederkorn — How much is in the park fund ? Mr. Noteboom — We have on going parks money that we operate on . Supervisor Valentino — How much did we allocate to the parks fund ? Mr. Noteboom — We moved all the money that we allocated this year to the lacovelli Park . -TOWN BOARD MINUTES PAGE 40 JULY 1231999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney — Mr . Frantz can prepare the grant . The board can revisit this in August . Mr. Frantz — This project will not begin before 2001 . That is reasonable because we are applying in August and we would not get an announcement until January or February. Supervisor Valentino — We need to think about this . We can go ahead and prepare the grant . Agenda Item No 24 — Review of Correspondence : a. Time Warner Cable — Operations Update- See Attachment #5. b. Patrick J . Kelleher — Liquor License, 335 Pine Tree Road — See Attachment #6. c. The State Education Department SARA Grant Award — See Attachment #7. Supervisor Valentino — I received a letter from the Town of Newfield . They are having problems with water. They are asking the Town if we would have any information to provide them with water from Bolton Point . This will need to go to the Bolton Point Board . We talked about not adding morealh partners after we brought in Cornell University and the City of Ithaca . We decided that we woul consider sales. Councilman Niederkorn — Does the Town have any jurisdiction over Bolton Point water? Supervisor Valentino — Only as a partner. Mr. Frantz — The problem area for Newfield is in the Inlet Valley area . Newfield does not have zoning . Supervisor Valentino — I am not sure how it would work under the new partnership . Attorney Barney — The partners would need to make an agreement . Councilwoman Russell — I feel that we should not be expanding water. The potential for sprawl is incredible in that area . Councilwoman Grigorov — I feel the same way. I have also heard that there are historical problems with water. Councilman Conley — What will it be used for? Supervisor Valentino — It will mainly be for the mobile home parks . TOWN BOARD MINUTES PAGE 41 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Councilman Niederkom - I disagree . I do not think it is the Town of Ithaca Is position to control development over the world . Smart growth is not promoted by with holding things people need . My position is to deal with Newfield . Try and see if we can get zoning in exchange for the water. Councilwoman Grigorov - You are not worried about sprawl ? Councilman Niederkorn - No . Attorney Barney - The Town is involved in delicate negotiations with Cornell University and the City of Ithaca in how we are going to function under Bolton Point. Until an agreement is settled upon , new parties should not be introduced . Councilman Lesser - I would consider providing a limited quantity of water. We can sell water to resolve the problem at this time. Problems in the future can always be resolved at that time . Supervisor Valentino - My concern is that we are in delicate negotiations . We need to make sure that the project gets complete . It is difficult to think in terms of selling water to Newfield until that has been concluded . We are not in a position to take a position . Councilwoman Russell - This is a question that we need to face . Supervisor Valentino - We need to look at the entire picture . We are also talking about extending sewer to Dryden and Lansing that will help clean up the lake and eliminate the septic systems . The City representatives do not want to go ahead on the sewer issue because they do not want to see any growth in Lansing. Lansing is going to see growth . We need to think how we are going to channel the sprawl issue rather than with holding services . I will take it to Bolton Point . Then I will draft a letter stating that we are unable to offer water services at this time do to negotiations . Agenda Item No. 22 - Report of Town Officials : a. Town Clerk/Receiver of Taxes - See Attachment #8 b. Director of Engineering -See Attachment #9 c. Highway Superintendent - See Attachment #10 Mr. Noteboom - Owners of Rachel Carson Way have been making inquiries on how the road could be accepted by the Town . Supervisor Valentino - The road will have to paved to our specifications . d. Director of Planning - See Attachment #11 e. Human Resources Specialist - See Attachment #12 0 TOWN BOARD MINUTES PAGE 42 JULY 12, 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Mrs . Drake — The Town Picnic is Saturday, July 24, 1999 . f. Budget Officer — See Attachment #13 g. Director of Building/Zoning - See Attachment #14 Mr. Frost - The financial report shows the revenues for the first six months of 1999 . h . Attorney for the Town — See Attachment # Attorney Barney — The Town successfully concluded the litigation of Linderman Creek. The Court of Appeals denied an application for further appeal . Addt' I A ends Item No. 1 — Approval/Authorization for Town Supervisor to Execute the Natural Gas Agreement with NYSEG Solutions. Attorney Barney — There are a lot of items in this agreement that do not make sense in a municipal environment . It can be authorized to sign with amendments that we are able to negotiate . Resolution Nov 123 - Authorization to Participate In Cooperative Purchasing of Natural Gas. WHEREAS, the County of Tompkins and the County of Tioga entered into an agreement f the purchase of natural gas with NYSEG Solutions, Inc. , and WHEREAS, the contract provides that political subdivisions within the counties may obtain natural gas under the contract, and WHEREAS, the Tompkins County Board of Representatives adopted a resolution providing that political subdivisions within the County shall be included in such cooperative purchasing agreement upon the submission of a resolution approved by its governing body to the County Department of Finance, now therefore be it RESOLVED, that the Town of Ithaca shall participate in the cooperative purchase agreement, and may, thereby purchase natural gas under the contract with NYSEG Solutions, Inc. ; and be it further RESOLVED, the Town Supervisor is hereby Town Supervisor to execute the said upon the agreement with any changes or amendments as the advice of the Attorney for the Town; and be it further RESOLVED, that a copy of this resolution shall be sent to the Tompkins County Board Representatives and the Tompkins County Department of Finance. 0 -SOWN BOARD MINUTES PAGE 43 JULY 12, 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED 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; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Addt' I Agenda Item No. 2 — Developments Related to the Sewer Agreement Negotiations. Supervisor Valentino — Cayuga Heights voted no to the sewer agreement . Each Municipality's share will be $20 , 000 . Originally it was $ 14 , 000 . This hires Stearns & Wheler to complete the unified engineering report and to attend the meetings. The first task is $9 , 900 . The unified engineering report is $45 , 000. The SEQR review is what Cayuga Heights is not happy about . We felt this would not go anywhere unless we did a full SEAR review. It is imperative this gets done . The cost is $45 , 000 . The Clean Water/Clean Air Bond Act grant application is $6 , 000. There is $ 10 , 000 in contingencies . I think it is important for us to sign this . We then will need to have negotiations. Even though the State has wanted us to meet a stronger criteria for phosphorous , and our engineers said it would be hard to reach . There are sewer plants that have met these criteria . The question is how much more would it cost for us to reach this criteria. The amount it would cost is minimal . We need to try and do this . The cost went up $6 , 000 for each municipality. We want to reach the high ® standard . Councilwoman Grigorov — Is that what Cayuga Heights objected to? Supervisor Valentino — They objected to the entire thing . They are worried about coming into a partnership and giving up the ownership of their plant . We should pass this and it shows that the Town Board is supporting this . We need to meet with everyone on the grant on a regular basis . Councilman Niederkorn — Is the City of Ithaca the banker? Supervisor Valentino — The joint activity fund is through the city. It is separate from the general fund . It belongs to the 3 partners , but the City manages it . Resolution No. 124 - AMENDMENT NO. 2 TO AGREEMENT BETWEEN ITHACA AREA WASTE WATER TREATMENT PLANT (SJS) AND STEARNS & INHELERg. LLC BE IT RESOLVED, the , Town Supervisor is hereby authorized and directed to execute the attached Cost Sharing Agreement for Steams & Wheler, LLC to provide engineering services as described in the AMENDMENT NO. 2 TO AGREEMENT BETWEEN ITHACA AREA WASTE WATER TREATMENT-SJS AND STEARNS 7 WHELER, LLC, attached hereto as Exhibit A. , with such changes therein she, with the advice of the Attorney for the Town and the Town Engineer deems necessary or appropriate; and be it further RESOLVED, the Cost-Sharing Agreement, Page 1, Final Paragraph 2) shall be amended prior to the execution of the said agreement to read, 'TOWN BOARD MINUTES PAGE 44 JULY 1211999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED 2) The total cost for the Engineering Services is not to exceed One Hundred Twenty Thousand Dollars ($ 120, 000. 00). On or before five (5) days following the effective date of this Agreement (as set forth in paragraph 3 below), each Party shall deposit with the City of Ithaca Comptroller the sum of Twenty Thousand Dollars ($20, 000. 00), which money together with the interest earned thereon, shall be used exclusively for the Engineering Services. MOVED Councilman Niederkom, SECONDED Councilwoman Grigorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Addt' l Agenda Item No 3 Rescheduling August Town Board Meeting — Potential Lack of Quorum. Supervisor Valentino — Councilman Lesser, Councilman Niederkorn and I will be out of Town for the August 9th meeting . We have exactly enough board members for a quorum . Addt' I Agenda Item No 4 Schedule for Priorities Meeting Related to the Year 2000 Budget. Supervisor Valentino - We were going to have our priorities meeting on July .26 , 1999 . 1 would like t change it to Thursday, September 9 , 1999 . By then we will have most of our rough numbers for th tentative budget by this time . I thought it would be more productive for the Town Board . It will giv us a better handle on health insurance and the fire contract. We could also hold the meeting on September 20 , 1999 . We have two extra meetings a year. One of them is our priorities meeting. We try and think about the most important things we would like to accomplish for the Town . What date is better for the Town Board ? The board agreed to hold the special Town Board meeting on September 2, 1999, Agenda Item No 23 — Reaort of Town Committees . Supervisor Valentino — Councilman Klein and I had our first fire contract negotiations . There is a long road ahead . The board took a brief recess from 9:37 p. m. until 9:49 p. m. Agenda Item No. 25 — EXECUTIVE SESSION : Motion made by Supervisor Valentino , seconded by Councilwoman Grigorov to enter into a Executive Session to discuss potential sprinkler local law. Carried unanimously. The Board enter Executive Session at 9: 50 p . m . TOWN BOARD MINUTES PAGE 45 JULY 12 , 1999 APPROVED - APPROVED - APPROVED AUGUST 9, 1999 - APPROVED - APPROVED - APPROVED Motion made by Supervisor Valentino , seconded by Councilman Lesser to resume regular session . Carried unanimously. The Board resumed regular session at 10 : 10 p . m . Agenda Item No. 16 — Public Hearing Date : "A LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA". Mrs . Noteboom — Public hearing is set for September 13 , 1999 at 6 : 15 p . m . Resolution No. 125 - "LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN 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 regular meeting of the Town Board on September 13, 1999) at 6. 15 o 'clock p. m. , in order that the Town Board may consider amending Local Law No. 711988, "A LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA ", regarding retrofit requirements. 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; Councilman Conley, aye; Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. Agenda Item No. 26 — ADJOURNMENT: As there was no further business to come before the Town Board , a motion was made by Councilwoman Russell , seconded by Councilwoman Grigorov to adjourn . Carried unanimously. Supervisor Valentino adjourned the meeting at 10 : 11 p . m , qJo espeptfully su mitted , an Lent Noteboom , Town Clerk * NEXT REGULAR MEETING — August 9 , 1999 at 5 : 30 p. m . ** Minutes Transcribed by Carrie L. Coates . l Resolution of the ® Town Board, of the Town of Ithaca Whereas, Robert L. Kenerson, a valued and respected member of the Town of Ithaca Planning Board died June 20, 1999; and Whereas, Mr. Kenerson became a member of the Town of Ithaca Planning Board on June 17, 1986, and thereafter served continuously on the Board until his death, also serving as Vice Chair of the Board from 1990 through 1993 and as Chair in 1994; and Whereas, Mr. Kenerson also served the Town as a member of the Town of Ithaca Planning Committee and Town of Ithaca Personnel Committee; and Whereas, during his nearly thirteen years of service to the Town, Mr. Kenerson provided to the Town and to the citizens who appeared before him and the Planning Board superior judgment, in an attentive, courteous, diligent, fair and insightful manner, coupled with a wry sense of humor that often enabled the Board to function more effectively; and Whereas, the Town of Ithaca, as well as all of its citizens and the community of Tompkins County as a whole, have lost a capable, delightful leader and gentleman; ® Now, Therefore, Be It Resolved that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and residents, mourns the loss of Robert L. Kenerson, an intelligent, dedicated public servant, and expresses its sympathy to the members of Mr. Kenerson 's family for the loss they have suffered; and Be It Further Resolved that this resolution be included in the minutes of the Town Board meeting of July 12, 1999, and that the Town Clerk be requested to deliver a copy of same to the family of Robert L. Kenerson, as a token of the appreciation of the Town for his years of significant service and as an expression of the grief felt by the Town and community as a result of his passing. Adopted Unanimously this 12th day of July, 1999. Supervisor 7 Councilperson Councilperson Councilperson Council erson Council son ouncilperson ATTACHMENT ill OF I T� TOWN OF ITHACA 21 o¢� 126 EAST SENECA STREET, ITHACA , N . Y. 14850 G TOYVN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Agenda No . 21g . 1999 TAX COLLECTION RECEIVER OF TAXES 1999 - FINAL REPORT Presented July 12, 1999 1999 Tax Warrant - Town of Ithaca Total Town Warrant (Levy) : $3,8169978 .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 , 8169978 .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 3 , 655 . 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 6/9/99 Receiver Checking Account - Interest May 7 . 80 7/7199 Receiver Checking Account - Interest June 49 . 89 717/99 Notice Charges-Second Installments 388 . 00 Total : $ 5, 322 .42 3/8/99 Int. & Penalties on Tax Bills - February: $ 11229 .65 4/5/99 Int. & Penalties on Tax Bills - March : 1178432 5/12/99 Int. & Penalties on Tax Bills - April : 31567 . 97 6/9/99 Int . & Penalties on Tax Bills - May: 4 , 595 . 08 7/7/99 Int. & Penalties on Tax Bills - Balance 56 . 76 Total : $ 111234. 18 Total No , Tax Bills on Warrant: 5 , 124 Total Tax Bills Processed : 4 , 886 ATTACHMENT # 2 Receiver - 1999 FINAL REPORT Presented 7/12/99 Page 2 . 1999 In Lieu of Taxes 1999 Budget Estimate: Groff Associates , Ellis Hollow Elderly Housing $ 1 ,629 . 13 Ithaca Elm-Maple Houses, Inc. $ 2 ,681 . 05 TOTAL IN LIEU OF TAXES ESTIMATED TO BE RECEIVED : $ 4,310 . 18 Received : Groff Associates, Ellis Hollow Elderly Housing $27 , 358 . 52 (Town , $ 1 , 389 . 27; School , $20 , 207 . 82 ; County, $5 , 761 .43) Ithaca Elm-Maple Houses , Inc. $48 , 751 . 00 (Town , $2 , 616 . 38 ; School , $38 , 058 .40; Fire, $8 , 076 . 21 ) TOTAL: Town of Ithaca In Lieu of Taxes Received - General $ 49005.65 Fire $ 89076.21 Total Tompkins County Warrant: $ 49123 ,30715 ® Warrant Payments to Tompkins County: 2/08/99 1st Payment - 1999 Warrant $ 800 , 000 . 00 2/17/99 2" Payment - 1999 Warrant 21000 ,000. 00 3/05/99 3d Payment - 1999 Warrant 1403000 . 00 3/19/99 4th Payment - 1999 Warrant 10 ,000 . 00 3/31 /99 5th Payment - 1999 Warrant 65 , 000 . 00 4/6/99 6th Payment - 1999 Warrant 15 ,000000 4/19/99 7th Payment - 1999 Warrant 45 ,000 . 00 5/12/99 8th Payment - 1999 Warrant 68 ,000 . 00 6/9/99 Final Settlement Payment 1999 Warrant 117 ,876 . 68 Total Payments To Tompkins County: $3 , 260, 876 .68 Misc . Payment to Tompkins County: 2/18/99 First Installment Services Charges $21 , 367 . 89 3/08/99 Interest Receiver Checking Acct. -Feb . 561031 4/05/99 Interest Receiver Checking Acct. - March 82 . 16 5/12/99 Interest Receiver Checking Acct. - April 18 . 35 6/9/99 Interest Receiver Checking Acct. - May 68 . 70 TOTAL : $22 ,098 .41 1 TOWN OF ITHACA SETTLEMENT WITH TOMPKINS COUNTY ® 1999 TOWN AND COUNTY TAXES SUNIMARY OF TAX COLLECTIONS FOR ' TOWN OF ITHACA — 1999 — TOWN AND COUNTY TAXES TOTAL WARRANT. . ... . . * " some a am sea so a ones $ 719409286.26 TOWN OF ITHACA WARRANT - $ 31816, 978. 51 PAID TO SUPERVISOR - DATE: 1 /14/99 CK # 426 $ 750, 000.00 DATE: 1 /21 /99 CK # 428 $ 8001000. 00 DATE: 1 /26/99 CK # 430 $ 600,000.00 DATE: 1 /28/99 CK # 431 $ 110001000. 00 DATE: 1129/99 CK # 434 $ 6661978. 50 TOTAL PAID . . . . . . . . . . . . . 6666 . . . . . . . . . . . . $ 318163978. 50 TOMPKINS COUNTY WARRANT TO COLLECT . . . . . . . . . . . . . . . . . . . . . . . $ 411231307. 75 LESS: PUBLIC SERVICE AND SPECIAL FRANCHISES TO BE COLLECTED DIRECTLY BY BUDGET AND FINANCE . . . . . . . $ (250, 467. 28) LESS: SECOND PAYMENT ON INSTALLMENTS . . . . . . . . . . . . . . . . . . . $ (4273328. 55) SUBas TOTAL ---------------------------------------------------------•------ $ 34, 4551511 . 93 PAYMENTS TO COUNTY : ® DATE: 218/99 PAYMENT # 1 CK # 441 $ 8001000. 00 DATE: 2117/99 PAYMENT # 2 CK # 449 $ 21000, 000.00 DATE: 3/8/99 PAYMENT # 3 CK # 452 $ 1401000. 00 DATE: 3/19199 PAYMENT # 4 CK # 458 $ 103000. 00 DATE: 3/31 /99 PAYMENT # 5 CK # 469 $ 65, 000. 00 DATE: 416/99 PAYMENT # 6 CK # 475 $ 151000.00 DATE: 4/19/99 PAYMENT # 7 CK # 479 $ 45,000. 00 DATE: 5/18/99 PAYMENT # 8 CK # 481 $ 681000. 00 LESS TOTAL PAYMENTS TO COUNTY . . . . . . . . . . . . . . . . $ 31143, 000. 00 SUB-TOTAL . . . . . . . . . . . . . . . . . . . $ 302, 511 . 93 V. A. ADJUSTMENTS - (NET) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ - ASSESSMENT ADJUSTMENTS - (NET) . . . . . . . .. . . . . . . $ - COUNTY RESOLUTION ADJUSTMENTS . . . . . . . . . . . . . . $ - SUB-TOTAL . . . . . . . . . . . . I . . . . . . $ - OTHER ADJUSTMENTS - DOCUMENTATION ATTACHED . . . . . . . . . . . . $ - LESS UNPAID TAXES FOR 1999 . . . . . . . . . . . . . . . . . . . . . . . . . $ 184, 635. 25 BALANCE DUE TOMPKINS COUNTY UPON RETURN OF WARRANT - PAID CK # 492 DATE: 6/9/99 . . . $ 1171876. 68 BALANCE . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . 6888 . . . . . . . . . $ - DATE: June 9, 1999 �L i JOAN LENT NOTEBOOM TOWN CLERK/RECEIVER OF TAXES 1 TOMPKINS COUNTY BUDGET & FIN E LOCei Law Filing 162 NEW YORK STATE DEPARTMENT OF STATE 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. CW ITHACA Townof ............................................................ ............................................................ VLEW Local Law No . ..............7.............I....................... of the year 19 .99.11 A local law AMENDING..ANp„IN 51ATING..LQQAL.aAw..xQ. 01:..6...QF...TIZA.1 EAR...199.9...TR.,e1NC1UE..A,MORATORIUM FOR A (Insert Title) PERIOD OF NINE MONTHS REGARDING THE -ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET Be it enacted by the .................TQY.?I`1...Bum.........:..._:...............:.................................................................of the (Name of Legialative Body) ITHACA Town of ............... .................................................................................... ................ : .......... ............ as follows: ( SEE ATTACHED ) ATTACHMENT # 3 (If additional space is needed, attach pages the same size as this sheet, and number each . ) ( 1 ) TOWN OF ITHACA LOCAL LAW NO . 7 OF THE YEAR 1999 A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO , 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET Be it enacted by the Town Board of the Town of Ithaca as follows : A. Amendment and Restatement of Local Law No. 6 : Town of Ithaca Local Law Number 6 of the year 1999 is hereby amended and restated to read as follows : " Section 1 . Findings and Purpose . The Town Board of the Town of Ithaca finds : 1 . Large scale businesses , drive-through businesses , and gas stations create special ® problems when established , 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 on and sometimes off site , and likely increasing traffic congestion on nearby streets ; 2 . The Town of Ithaca Zoning Ordinance does not presently distinguish in all cases 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 ; 3 . Regulation of certain types of drive-through businesses in a manner supplementary to , or in manner different from , other commercial establishments may be necessary or desirable to appropriately deal with concerns such establishments may create ; 4 . While the Zoning Ordinance of the Town presently distinguishes , in part , between commercial establishments of different sizes , and the current draft of a new ordinance distinguishes between commercial establishments of greater than 7500 feet and lesser sized establishments , there are issues as to where in the Town the larger types of businesses should be located ; 5 . 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 , gas stations , and larger 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 ; 6 . It is anticipated that the study can be completed , and legislation, if needed , drafted Bus-mora.11 wp51 /ith/locallaw June 24 , 1999 6:04pm and properly adopted within nine months of the adoption of this local law ; 7 . It would be unfair to alter the requirements relative to any such 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 any such businesses were to be entertained and possibly approved before the study could be completed and legislation considered ; 8 . Accordingly , in order to maintain the status quo relative to such 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 . Definitions . The following definitions apply to this local law : " 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 . " Gas Station " is an establishment at which gasoline and other petroleum products (including diesel fuel) are sold to the traveling public by any means , including self-serve pumps , and which involves the storage of petroleum products in tanks of 1 , 000 gallons or larger . An establishment which sells petroleum products together with other non- petroleum products shall be considered a Gas Station if it otherwise meets the definition set forth herein. " Large Commercial Business " is a business or structure as defined below : (a) A commercial enterprise which intends to , or does , occupy on one or more floors an aggregate of 7500 or more square feet of interior floor space ; and/or (b) A structure which contains , whether as one or several enterprises , interior commercial space aggregating 7500 or more square feet . Section 3 . Prohibition of Gas Stations , Drive-Through and Large Commercial Businesses . For a period commencing from the date of enactment of this local law and ending 2 Bus-mora.11 wp51 /ith/locallaw June 24 , 1999 6:04pm April 12 , 2000 , except as expressly permitted below , no new Gas Station, no new Drive- Through Business , and no new Large Commercial Business shall be established or permitted in the Town of Ithaca . Section 4 . Implementation of Prohibition . Except as expressly permitted below , until April 12 , 2000 1 . No Town official shall accept for filing any application for the establishment of a Gas Station, a Drive-Through Business , or a Large Commercial 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 Gas Station, a Drive- Through Business or a Large Commercial Business ; 3 . The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of a Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, Drive-Through Business or Large Commercial Business legally established prior to the effective date of this law ; or 2 . Modification of any legally established Gas Station, Drive-Through Business or Large Commercial 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 (b) As to Drive-Through Businesses , does not increase the number of drive- through lanes or drive-up windows , and (c) As to all of such businesses , does not 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 Gas Station, a Drive- Through Business or a Large Commercial Business , including any applications for site plan 3 Bus-mora.11 wp5 I Ath/locallaw June 24 , 1999 6:04pm 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 . Variances . 1 . Any person who is aggrieved by the application of this local law to such person' s property or project , may appeal to the Town Board from a variance from the terms of this local law . The Town Board shall grant such a variance if the applicant demonstrates that for each and every use permitted by the Town' s Zoning Ordinance as modified by this local law (a) The applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence ; (b) The applicant is suffering an unnecessary hardship which is unique and does not apply to a substantial portion of the district or neighborhood ; (c) The requested variance , if granted , will not alter the essential character of the neighborhood ; (d) The hardship is not self-created ; and (e) The proposed use is in accordance with the applicable zoning provisions that would be in effect but for the adoption of this moratorium local law . 2 . The Town Board , if it grants any such variance , may impose such conditions as it deems necessary or reasonable as are directly related to , and incident to , the proposed use of the property . Such conditions shall be consistent with the spirit and intent of the zoning ordinance and this local law , and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community , or on the findings and purposes of this local law . 3 . Except as expressly modified by this local law , the procedures for hearing , considering , and challenging any variance made hereunder shall be the same procedures set forth in Town Law and the Town' s Zoning Ordinance relating to variances , except the Board considering the variance shall be the Town Board rather than the Board of Zoning Appeals . 4 Bus-mora.11 wp51 /ith/locallaw June 24 , 1999 6:04pm 4 . To the extent this local law is inconsistent with provisions of the Town Law and the Town' s Zoning Ordinance , it is intended to supersede such laws . In particular, in accordance with the Municipal Home Rule Law , this local law is intended to so supersede the provisions of Sections 267 , 267-a , 267-b , and 267-c of the Town Law to the extent inconsistent with the terms of this local law . Section 6 . Penalties . 1 . Any person establishing or conducting a Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, a Drive-Through Business or Large Commercial 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 ending April 12 , 2000 , provided , however , that the penalty section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law . Section 8 . Applicability . This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights . " B . 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. C . Effective Date . 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 . 5 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable .) (Final adoption by local legislative body only . ) I hereby certify that the local law annexed hereto , designated as local law No . 7 of 19 99 of the (Qbi;; 4# (Town)(x=MM of TTHAcA was duly passed by the TOWN BOARD on .JULY 12 19.U, in accordance with the applicable provisions of law. Narne 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 Narne of Legislative Body disapproval) by the and was deemed duly adopted on 19 Elective Chief Executive Officer' —' in accordance with the applicable provisions of law. (Final adoption by referendum . ) ereby certify that the local law annexed hereto , designated as local law No . of 19 the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disap prove d)(repassed after Name of Legislative Body disapproval) by the on 19 Such local law was Elective Chief Executive Offcere 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 b }' [hc 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. Vlectiye Chief Executive Officer means or includes the chief executive officer .of a county elected on a wide 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 . ( 2 ) (City local law concerning Charter revision proposed by petition .) .ereby certify that the local law annexed hereto , designated as local law No . of 19 the City of having been submitted to referendum pursuant to C provisions of section (36)(37 ) of the Municipal Home Rule Law , and having received the affirmative vote a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19 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 certification .) I further certify that I have compared the preceding local . law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted the manner indicated in paragraph 1 , above . Clerk of t 8�ats3io�x7b�¢dpaCp Town mXY&xgb Clerk \ 7r officer designated by local legilsative body (Seat) = Date: July 15 , 1999 ( Certification to be executed by County Attorney, Corporation Counsel , Town Attorney , Village Attorney or other authorized Attorney of locality.) 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 1 cal w annexed hereto . Lip ATTn 0 Title . . Town of ITHACA Date: ( 3 ) OF 1P� 9 TOWN OF ITHACA 21 0 4� 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 NOTICE : A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO. 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" . Location of Sign Board Used for Posting : Town Clerk' s Office 126 East Seneca Street Ithaca , NY 14850 LEGAL ADVERTISEMENT: Date of Posting : Friday, June 25 , 1999 Date of Publication : Wednesday, June 30, 1999 Town Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this a day of , 199 /. v Notary Public Noe 01 Red to schs uuYler 17 �El TOWN kAV dN TlCRCF4 pj EASE fiAlfE NOTIC Ru,bhtt�� hearing wJl be 1Ce1d by ifSe T0�fv7� lagtd `;ol tf±$ To of Itfibc o� ls��y, TSf ' Q1� 12 Ecst_ enacd Streei1 Ithaca, New . York .ir? ordei ro conside`r A 'ICtAI, ►qW AME�I�INS.� ANQ ��' T LOCAL W=NE2. 6: ja* YEAR 1499'rTC fQW- A PERIOD M(tll$. THS REGARDING Tk . ESTADLISHMENT•l'OF ANY NEW ; GAS STATIONS a ANY _NEW .CQMMER - BUSINESSES IN"EXCESS OF 75b0SGtUARE' FEET"; ar� pLE,{�E•;TAKE fURTHER RI(� 'I Ti dizens ,atyitKe Q�oremerahoned�� tfine� ap8„ place sKall be' afforded the oppdrtuniy to voice their d prbvci) or oppdsilion to ilSe smd l7xal law Cgpies of saad proposed local °.Ia3✓ ate ci 110- file for teview ,at the' Tow� Clerks`°office at dye al�`ov�" fddress, and' Pt CE;,�indi3iduaj WI Au I imp7,;t ej is heorin A. im 'rF mQnts qr other speciol needs: provided rywdh iassi tan ca its neces`s`ory, upon.;fe quest;. meuso m ke on9eauesf: tance . . q i not Iss than 48. hours rid por: t6 GO time of the public .eel iriq: oari Lent o Clfk Juhe 1994- 110"Illa vii OF I T� TOWN OF ITHACA 1 ,p 126 EAST SENECA STREET, ITHACA , N . Y . 14850 � Y ov- 7OWN 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 PUBLIC HEARING NOTICE PLEASE TAKE NOTICE , that a public hearing will be held by the Town Board of the Town of Ithaca on July 12 , 1999 , at 6 :45 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York , in order to consider "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" , 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. Copies of said proposed local law are available for review at the Town Clerk's office at the above address , 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 June 30 , 1999 PUBLISH : WEDNESDAY, JUNE 30 , 1999 J 41y OF IT`9 TOWN OF ITHACA zi o4 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting - 7/ 12/99 Agenda Item No . 11 RESOLUTION ADOPTING A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 FOR THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET Resolution No . 117 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 July 12 , 1999 at 6 :45 p . m . to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 FOR THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" ; 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 16 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) this action is a Type II action , not requiring environmental review; and WHEREAS , the Town Board finds it is in the best interests of the Town and its citizens to adopt the moratorium as set forth herein ; NOW, THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO . 6 FOR THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET" , a copy of which is attached hereto and made a part of this resolution ; and it is further TB Mtg . 7/ 12/99 Agenda Item No . 11 Resolution No . 117 Page 2 . RESOLVED , that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law book of the Town of Ithaca , and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York . MOVED : Councilwoman Russell SECONDED : Councilman Conley ROLL CALL VOTE ; Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Conley , aye ; Councilman Niederkorn , aye ; Councilman Lesser, aye . Carried unanimously . Joan Lent Noteboom , Town Clerk Agenda Item No. IK a L 0000000 To%cn Assigned Project ID dumber TM I M Town of Ithaca Environmental Review ; SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County, NY ONLY PART I - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2 . PJr�oject Name p .I Town of Ithaca Town Board L I / Prssc .&Vdlc^ lP.r.J.rrr . --, A� J� c/I �7atra / L•t.. 11 3 . Precise location /(street address, road intersections, prominent Ylandmarks, etc. or provide map : ) / Orin cr ff'�.n c !t l 1 c .14T�' /c/ ✓ Tax Parcel Number : 4. Is proposed action : NEW ?__/Y EXPANSION ? MODIFICATION/ALTERATION ? (Amendment of Ordinance) 5. Describe project briefly : ( Include project /purLrpose, present land use, currents and future construction plans, and other relevant items): � t ✓J!� cft II / S !4 cC[:`�� r !<i / I ! .'1 C / 10o /IC / CS tt � c/ /v the at: q /3i7I 'e l C / ^ 7eJt`ICW ��w .'A / CCi � C .' ✓ //c' .� CG/Sf .ntei �5 a' n S �[ llTtt is/.rE CL3 G• �` , b1 nC� N' 1 / IIIn ��! / Qc-' r L7 / �_�3✓ACIi . (Attach separate sheet( s) if necessary-to adequateIN describe the proposed project. ) 6. Amount of land affected : Initially (0-5yrs) ' .000Acres (6- 10vrs) �_ (> 10 yrs) y Acres 7. How is land zoned presently ? A6p .. 49 #,, .! lfueaI - I, - 30 ' � D - �o� 31 : ✓., 7`� e � 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes-,Y NO If no, describe conflict briefly : 9. Will proposed action lead to a request for new : Public Road? YES NO Public Water? YES NO Public Sewer? YES NO }� 10. What is the present land use in the vicinity of the proposed project? Residential __X_ Commercial Industrial Agriculture - �— Park/Forest/Open Space _ � u Other I 1 Please Describe: Y d fI . nq ✓ ICUIt" " ' W ' tt, Scapere� j 4144 ✓ esr< cn1 �a ' 3c . . r p ,.�+ �, rs /1 1 L re r1:� .,. . / / J e n Gt) ACi � - -to S7a7 G 0r lGCet / e� ,•'Its ne- o, IVC� / G p !CSN r v e f 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES _ NO If yes, list agency name and permit/approvaUfunding : / L / J +-Fl � r of New Yer It /i, 1 0tJ�r ., ,�, � ., ,< � , n „ f- {, n �� „ � b,�I•� leJ t-� Lt �t 1 , ll zea 14 rry C op.<rC 11ee s e- e. / fa m e .e as ew . r- h, 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name ( Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca Signature and Date : �/l Cam_ �.CC �(i�l2 vtc�- 71 9 C G ATTACHMENT # 4 rFART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO If yes, coordinate the review process and use the full EAF. . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO L If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels , existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems ? Explain briefly : C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : vtvoe C3 Vegetation or fauna, fish, shellfish , or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain brieflv : rrene rc i�' a �CLi C4 The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : nerve_ a ., � � cr �R ' d CS Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : ✓► elc 0 41 )eOP � C6 Long tern, short term, cumulative, or other effects not identified in CI -CS? Explain briefly : C7 Other impacts (including changes in use of either quantity or type of energy) Explain briefly : D. Is there, or is there likely to be controversy related to potential adverse environmental impacts ? YES NO If yes, explain briefly : See Attached. E. Comments of staff , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i . e . urban or rural); (b) probability of occurring ; (c) duration ; (d) irreversibility; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . _Check here if you have determined, based on the information and analysis above and any supporting documentation . that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . Town of Ithaca Town Board 7— Name of Lead Agency Prepare Ks Signature( If differ rom Responsible Officer) Catherine Valentino, Supervisor Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer l 4A'uv,-,L " �vter DATE : ` Signature of Responsible Officer in Lead Agency r I g f 11 Irv. Ct. � C? t 1 - - s : JUN 1 8 1999 TIME WARNER CABLE June 16, 1999 Ms . Joan Lent Noteboom, Clerk Town of Ithaca 126 E . Seneca Street Ithaca, NY 14850 Dear Ms . Noteboom : Twice each year, we like to take an opportunity to update you on the operations of your local Time Warner Cable system. A few months ago, we sent you an annual report on our Social Contract and the technological improvements our cable systems have enjoyed since the implementation of that agreement. Last year, we were pleased to begin offering Road Runner, our high-speed online service delivered over cable. Our technological commitments are offering our customers new and improved services from us. At this time, I would like to focus on Time Warner Cable's commitment to customer service . Our service standards are among the most stringent of any service or utility company. In addition to our On-Time Guarantee, which promises a free installation or a $20 bill credit if we're ever, late for an appointment, we also have ongoing phone and service goals that we must meet in order to remain in compliance with both mandatory and voluntary cable industry standards . I have attached a brief summary of our most recent customer service statistics covering your municipality. You'll note that it summarizes our performance in areas including call management, ' installations and service calls . I'm pleased to report that Time Warner Cable has met or exceeded > h� these performance goals for the areas indicated. That's a credit to our employees, who recognize the importance of delivering the best service they can. We value our commitment to_ our communities and hope that you appreciate our ongoing efforts to ri satisfy our customers and your constituents . j t'4 hrµ• » I :: " Sincerel :t� ''`� Thomas P . Doheny General Manager ° -` cc : Ms . Catherine Valentino, Supervisor - 11) lhcs/ bYur,! Sl,v:,d hlu T� ( HMF T �� 5 JUN 18 1999 ` la Time Warner Cable 70 '�u'i\! �' ' 6 9 HA '> Ithaca, New York Y . Call Management : < < • , t '' Standards : 90% of all incoming calls answered within 30 seconds No greater than a 3 % busy rate for all incoming customer calls Total Number of Calls : 123 ,822 Ya . Incoming Calls Answered within 30 seconds : 92 . 12 % M T Busy Rate : 0010 % rrr .r 'yZI . . `` ny Installations : { HR 'Y•t A; n + , , 4 Standards : 95 % of all installations must be completed within seven business days 98 % success rate with the "On Time Guarantee" #- `� *, . Kai 95. 66 % of all installations completed within seven business days . 99. 12 % success rate with the "On Time Guarantee" Service Calls : Standards : 95 % of all service calls must be completed within 24 hours 98 % success rate with the "On Time Guarantee" , Y � 98.71 % of all No Picture Service ,Calls completed within 24 hours nx it #zxru 4 '95:30 % of all Other Service Calls, completed within 24 hours 98. 03 % success rate with the •"On; Time Guarantee" ei9 �} Pt o.0 1 - - `L+ §*iii 4 TTTT s Jx NL'F '�.vYkS'Y �k I � • awaA� Year-end December 1998 RL ;V: R9AVCTAInjo " t � �� rr r 11 �P � �cti � a �rb �► � ��xr ° •° � C� (� C� D Cl f� p 1 61990 I P I pw _U r June 7, 1999 TOWN OF ITHAC City Clerk �. 4: � Yrw •' 108 E. Green. Street Ithaca, NY 14850 t � 5 >� I P " . n RE: Gregory Halkiopoulos Y d/b/a East Side Restaurant ` 335 Pine Tree Road Ithaca, NY 14850 Dear Sir/Madam: Please be advised that Gregory Halkiopoulos is applying to the New York State Liquor Authority for and On{� fi �y premise liquor license for the premise located at 335 Pine Tree Road 4 % (East Hill Plaza) Ithaca, NY. Very truly yours, rt ;' Pdt�nck J. ICe er � . MA ABC Consultle g Services 265 Densmore Street Buffalo, NY 14220-2546 tip`*� `••,,{� (716) 823 -2434 ; 1k.1 FJ4 ?� .r i�h ✓ ' State Liquor Authority PPP 5 ,�°t�,rayur,u��i�•�, 1 s ATTACHMENT jiE7 kk 6S6!�v 5 ' a t � 1, 3 ERS _ . . THE STATE FOUCATION DEPARTMENT I THE UNIVERSITY OF THE STATE OF NEW YORK I ALBANY, NY 12230 , :<;: '� a• • :� �::. lac State Archives and Records Administration (SARA) IV ?E of lye r Training and Grants Support Services Unit _ p , ; ,», ` 9A81 Cultural Education Center stp r� 4t1� � " Albany, NY 12230 max ? lr �� Tel. (518) 474 . 6926 } Fax (518) 486 . 1647 ` felt t AN 28 NO J w yes June 25 , 1999 TOWN OF ITHaCA e Project Number: 0580-00-0228 Mrs. Catherine Valentino Town Supervisor .Town of Ithaca fb s126 E Seneca Street Ithaca; NY 14850 t 1' sa ? Dear: Mrs. Valentino: On behalf of the State Archives and Records Administration (SARA), I am pleased to inform you that the Commissioner of Education has selected you for a Local Government Records Management Improvement Fund (LGRMIF) grant of $22,500 subJect`to available appropriation authority and approval by the Director of the Budget. �f Y yyP.'�1 tF V A' are 'sending thisnotification to assist organizations with their planning for the year. Grant award documents will be ahzed ' and mailed to the Project Director as soon as the State budget has been enacted and the Division of the Budget allocates the funds for this program. <The,grant reviewers commended the town's efforts in addressing its inactive records storage needs and those of neighboring communities'. ' They could not recommend funding for the moveable shelving, however, as it did not seem appropriate for � macttve records storage. The reviewers recommended awarding a flat amount contingent on the town revising its plan of e;plan of work should reflect the use of a more conventional records storage shelving and the plans for cooperative s� wstoragejin` the .future." -The revised plan of;work6should be developed in consultation with SARA's Region 6 Advisory cer„Suzanne Etherington. SARA will 'release grant funds once the revised plan of work has been submitted to and a : r , r , .fapproved by its Training and Grants Suppoit&irvices Unit. �'r 4 '3�,�� 3 >•''�4� w i. ' , ; _ . .,, n ,,mss r`` xYµ r�,�'3Ym4r�ty�4; . ., _: . you have any questions regarding this letter, please do not hesitate to contact Peter Hart of this office at (518) 474-6926. a i f .Efc y'4ta+ t •� �a-'x.54!~ #� �. if �m aka 1 , , It `•~ 1P7 ' aR�lry Sincerely, Op 7 yY Morgan J. Barclay Head . RI �s " r K cc. Joan Noteboom L;It ! a % Joan Lent Noteboom t Suzanne Etherington, Regional Advisory Officer ATTACHMENT # 7 T OWN C L E 1:;t. 14C ' S MO NT H L Y REPO R0'r TOWN OF ITHACA , NEW YORK JUNE , 1999 TO THE SUPERVISOR : PAGE 1 rsuant to Section 17 , Subd I of the Town Lai , I hereby mate the following statement of all fees and moneys received by me connection with my office during the month stated above , excepting only such fees and moneys the application and payment which are otherwise provided for by law : 1998 SPORTING LICENSES 1999 SPORTING LICENSES 2900 11 MARRIAGE LICENSES NO . 99022 TO 99032 96 . 25 AGRICULTURE REPORT COPY AERIAL PHOTOS 15 MISC . COPIES 148 . 45 2 COMPREHENSIVE PLAN 24 . 00 ENVIRONMENTAL REVIEW 2 MARRIAGE TRANSCRIPT 20 . 00 NOISE ORDINANCE RETURNED CHECK - CLERK RETURNED CHECK-TAXES RETURNED CHECK- W&S 1 OPEN SPACE REPORT 5630 1 POSTAGE 3 . 00 2 ' SIGN ORDINANCE 6 . 00 1 SUBDIVISION REGULATIONS 3 . 00 12 TAX SEARCH 60900 WATER & SEWER SEARCH 5 ZONING ORDINANCE 42 . 50 A1255 TOTAL TOWN CLERK FEES 410 . 50 A1555 88 DOG ENUMERATION @ $ 1 . 00 each 88900 A1556 1 SPCA CONTRACT 415905 A1557 2 SPCA IMPOUND FEES 160 . 00 2530 GAMES OF CHANCE LICENSES BINGO LICENSES BINGO FEES 12540 TOTAL A2540 A2544 88 DOG LICENSES @ $ 2 . 00 each 176 . 00 _ Paid to Supervisor for General Fund 1 . 249 . 55 Paid to NYS DEC for 1999 Sporting Licenses 26 . 00 Paid to County Treasurer for Dog Licenses 138 . 45 Paid to Ag & Markets for Dog Licenses 36 . 00 Paid to NYS Health Department for Marriage Licenses 123 . 75 Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements 1 , 573 . 75 JULY 11 1999 yt �j V��- �v T , SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA JOAN LENT MOTEEOOM , being duly sworn , says that she is the Clerk of the TOWN OF ITHACA at the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated , cepting only such Fees the application and payment of which are otherwise provided for by law . bscribed and sworn to before me this IS+ Town Clerk day of TU 14 DEBORAH KELLEY state Of NOWYolt Notary Public/Cauncilma No. 01KE8025073 Oualiied In schu Cou*, Of ATTACHMENT # 8 Caemission Expkes LUV 17. r r - . .� O O 00 N 00 H cA 69 69 69 6A 69 69 W2 pop 0 0 �0Q 0 0 0 C L c+1 �' 00 `U d too N A 64 Qct 64 69 CA (A 0 0 a ood j o C4 m ON cA bs �A 6e> CA VO w. . o ° • O ° d �1 N M ko CCU t0` O 00 �O m t � pip cV C W K1 . a c d N V rA cA 69 6A 69 69 64 e� C> 001000 D C - W EA &S (046R64vs 69 L ON h Obi h 0°0• C=) t+7 s 0p ri fri Cpl O N wl y kn 00 d~' N 64 64 69 &S 64 A—� ry W Z A OF 17) _ 9y TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N . Y . 14850 TOWN CLERK 2731721 HIGHWAY 2731656 PARKS 27380Cj6 ENGINEERING 2731747 PLANNING 2731747 ZONING 2731783 FAX (607) 2731704 Memorandum Agenda item: 22a DATE: July 7, 1999 TO: Joan Lent Noteboom FROM: Lisa B. TIM CC: Town Board RE: NETWORK/RECORD SPECIALIST'S REPORT TO TOWN BOARD General The Network/Record Specialist continues projects as laid out in the 1999 Project Goals. Due to the additional connections, maintenance and service of the existing peer to peer networks has dramatically increased in conjunction with decreased performance . The Records Management Program held a town hall wide records inventory day and the Inactive Record Grant was awarded $22,500 towards the new Records Management Center. Records Management Program The State Education Department has awarded the Town of Ithaca a Local Government Records Management Improvement Fund grant of $22,500. The grant reviewers could not recommend funding for the moveable shelving, which was the intent of the grant, but rather will release these funds pending a revised plan of work. A meeting with the Town's SARA representative has been scheduled to begin this work. On July 1st, Town Hall closed its doors for records inventory day. Each department identified maps and drawings, active and inactive projects and documents classified as archival or assigned a disposition listing. Several dozen cubic feet of documents were classified as inactive or archival ready for storage in the New Town Hall's Record Management Center. The day was considered a success in preparation for the move to the New Town Hall and a demonstration of cooperativeness among the Town Hall Staff. Inventory of the Town Justice file stored at Town Hall is 2/3rds complete. These documents will then be sent to the Town Justices for indexing and disposition. Technology related issues New Town Hall Network Desion Meetings with Brian Oursler from Sherpa Technologies continue regarding cabling requirements and options. Functional Specification Development phase has been completed which will assist in identifying specific technical specs such as hardware and software, system service and support needs. Peer to Peer Networkinsa The P. E.Z. circuit peer to peer network has been completed . Although the intended goals for this network have been met (file/print sharing , data storage) the integrity and reliability of this type of networking is poor due to the number of PCs connected. Implementing of this type of network at our current location has resulting decreased system performance and availability. A Local Area Network is the recommended solution , yet our current needs demand temporary "work-grounds" until we have moved our offices to the new facility. Cr- Agenda Item 22b Town Engineer's Report for 7/12/99 Town Board Meeting GENERAL The Town Engineer' s staff has been busy with projects in the office and the field. We have two interns working through the CU Civitas program and they have been very helpful in providing assistance with surveying and data base development in the Town hall. The Town Engineer's staff participated in the records management day, and a significant dent was made in the records backlog. The Town Engineer will be on vacation from July 8d' through the 23rd. Creig Hebdon, the Assistant Town Engineer will be Acting Town Engineer during that time. DEVELOPMENT REVIEW Sterling House and Cottage, Trumansburg Road at Bundy Road The Contractor has continued to work on the site improvements, including the site drainage and parking lots. Final site grading and restoration is nearing completion and a large part of the site is being prepared for seeding. The site erosion and sediment control elements are in good condition and will be maintained until permanent vegetative cover is established. Cornell University/Wilson Lab G-Line Addition Excavation of the site with temporary spoil areas on the Oxley site is begun. A temporary bridge across Cascadilla Creek was installed to provide access to the construction site. Sediment and erosion controls were installed properly and are being maintained. Linderman Creek Apartments The Contractor began clearing the site during June and installed the first portion of the sediment and erosion control fencing. The NYSDOT reviewed the access plans to the site and did not issue a permit for the proposed temporary construction entrance for the site due to the short site distance curve at the City line. The permanent entrance location was approved by DOT and the Contractor began developing that road as the construction access. Due to the dry Spring and early Summer conditions, the contractor encountered no wet soil problems and the earthwork on the site should proceed smoothly. EARTH FILL PERMITS An earth fill permit has been approved by the Town Engineer for excavation of organic debris and silt from 2 ponds at 823 Elmira Road. The excavated material will be stockpiled on gravelly ground behind the Eddy Farm Market and will be spread on agricultural ground after it is dewatered. WATER PROJECTS Integrated Water System 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. Comrittee members representing S . C.L.I.W. C. have been working to prepare an updated Agreement for Municipal Cooperation which is scheduled for review by the full Commission at the July 9 ATTACHMENT 119 TOWN ENGINEERS REPORT 7/ 12/99 PAGE 2 Commission meeting. After approval by the Commission, the draft agreement will be supplied to the City and Cornell for review and comment. All of the member municipal boards must approve of the agreement revisions before it is finalized. The Engineering sub-committee is working on development of the capital improvement plan for implementation of the integrated water system components. OBG Engineers are completing the Integrated System Report, which becomes the supporting document for the bond applications. Funding for the improvements is available as a low interest bond through the Environmental Facilities Corporation. Warren Road Water Main Replacement The contract for the Warren Road water main replacement was awarded, and the Contractor has been issued a Notice to Proceed. Materials are being delivered to the site the week of July 5ffi and actual construction is scheduled to start the week of July 12t'. The Tompkins County reconstruction of Warren Road is expected to coincide with the water main replacement and a one-way traffic pattern will be established on Warren Road to allow the County to reconstruct one lane at a time. Water Tank Repainting Project The Bids for repainting the Pine Tree Road and Christopher Circle water tanks have been received and a recommendation of award to Haight Painting will be submitted to the Town Board at the 7/12/99 meeting. The bids received were below the Engineer' s estimate and within the budgeted amount. The actual work will occur during August. 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 IAW WTF and various collection systems. Phosphorus reduction in the discharges from the two wastewater treatment plants was a major component of the proposal . STORMWATER The Town Engineer's staff is proceeding with a drainage design to replace an existing culvert in Eastern Heights which crosses Park Lane and improve drainage patterns along Park Lane. This work is being done to reduce erosion potential in the major watercourse that drains Eastern Heights. Town forces will do the work. TOWN ENGINEERS REPORT 7/ 12/99 PAGE 3 TOWNHALL The Architect has scheduled staff to begin preparation of the final construction documents the last week of July. This will allow the bidding process to start in September/October for a constriction start in October. The Town received comments from the SHPO and the primary concern was the orientation of steps on the Buffalo Street side of the building and some concern about the lobby design. The Town has directed the architect to redesign the proposed Buffalo Street entrance steps to maintain the existing elevation, which will bring the steps over the street line after the access ramp is installed. This is the configuration preferred by SHPO because it minimizes the visual impact of the building elevation. This change will require an encroachment permit from the City of Ithaca, which will be applied for by the Town. The Town Engineer has discussed this with the City Engineering Department, which has indicated that the permit should not be a problem as long as a minimum sidewalk width of 5 feet is maintained. The Post Office space design is now being completed and the design schedule, which proposes a construction start of October 1, has been presented. The Postal Service has proposed moving the postal operation out of the building and into a temporary downtown location. This will allow the Town constriction to start in October, as well as preventing hazards to the postal workers during construction. The Post Office Architect has developed a plan for the Tioga Street PO entrance and will be presenting the plan to the City Landmarks Commission on July 13"'. They are also submitting the proposal to the SHPO. C.•I RPTSENGRI ERPT9907.REP Agenda Item 22c HIGHWAY DEPARTMENT' S MONTHLY REPORT, JUNE 1999 TOWN OF ITHACA TOWN BOARD MEETING, JULY12, 1999 Construction Projects Forest Home Drive : We have scheduled to pave Forest Home Drive the week of July 19f 1999 . Caldwell Road : Because of the sunny weather that we have been experiencing, this project is ahead of schedule . We have scheduled to pave Caldwell Road the week of July 19, 1999 . After that, shoulders will be added and landscape restorations done . We have been receiving some complaints about all the construction in the Cornell area specifically for us on Caldwell Road . We are moving that project along as swiftly as we can to help alleviate traffic flow in the area . Coddington Road Community Center Parking Lot: This project is completed, except for the surface treating of the parking lot. The drainage in the area has been worked on to help improve that area . Surface treating will be done in August. Slaterville Road (Park Lane) : We will start working on this project soon. Work for the Month ❖ Under the line item B7140, the crews worked a total of 990 hours of time . Most of this time is credited to the reconstruction of the Coddington Road Community Center parking lot. The rest is mowing of parks and trails, play structure inspections and staining, and administrative work . ❖ The crews worked 914 . 5 hours of time on General Repair items . These projects include patching roads and preparing for surface treating of roads . Other miscellaneous jobs are included in this time . ❖ Permanent Improvement projects namely Forest Home Drive and Caldwell Road consumed a total of 905 hours of time . ❖ We worked 162 hours of time on vehicle maintenance . ❖ Roadside mowing took 80 hours of time in June . ❖ Preparing for the water tanks to be painted, along with other Water Maintenance projects took 165 hours of time . ❖ The crews spent 89 hours of time on Sewer Maintenance . This total included 7 hours of over time to repair a sewer blockage . ATTACHMENT # 10 Agenda Item 22c Work to be done next Month ♦ Prepare for surface treating of roads . ♦ Cleaning ditches along roadsides . ♦ Water valve maintenance . ♦ Road sign maintenance . ♦ Park and trail mowing. ♦ Hydrant painting . ♦ Tree and brush trimming. ghk Agenda Item # 22(d) Planning Director's Report for Tuly 12, 1999 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board . Tune 1 , 1999 Meeting: Cancelled (no agenda items ready for submission to board) Tune 15, 1999 Meeting: Summerhill Apartments - Phase II, Summerhill Lane: The Planning Board had to postpone its public hearing regarding consideration of Final Site Plan Approval for the proposed construction of Phase H of the Summerhill Apartments, consisting of 84 apartment units, 113 parking spaces, walkways, and landscaping, located on a 6 .4 + / - acre parcel on Summerhill Lane, Town of Ithaca Tax Parcel No . 62-2-1 . 127, MR Multiple Residence District, due to lack of a quorum of voting board members. Moratorium Amendment Regarding Commercial Development in Excess of 7,500 Square Feet: The Planning Board issued an affirmative recommendation to the Town Board regarding enactment of a Local Law Amending and Restating Local Law No . 6 of the Year 1999 to Include a Moratorium for a Period of Nine Months Regarding the Establishment of Any New Gas Stations or Any New Commercial Businesses in Excess of 7,500 Square Feet. Cornell University North Campus Residential Initiative: The Planning Board heard a presentation and update by Cornell University regarding the proposed North Campus Residential Initiative project, which focused on possible changes in the proposal regarding traffic and circulation and the historic Moore House to address concerns that were raised as comments on the Draft Environmental Impact Statement. CURRENT PLANNING DEPARTMENT PROTECTS The following are accomplishments or issues that have been dealt with over the past month . SEOR Reviews for Zoning Board : No additional SEQR reviews for the Zoning Board were done since the June report. Codes and Ordinances Committee: The Codes and Ordinances Committee met on June 16, 1999. Agenda items included ( 1 ) discussion of the proposed Conservation Zones on South Hill and the public information meeting scheduled for June 30th, and (2) continuation of discussion regarding the proposed Stormwater Management regulations and Water Resources Protection Ordinance . A major issue discussed was whether there should be a map of watercourses that would be regulated or whether a written definition of "watercourse" would be sufficient. Because of the lengthy task that would be involved in mapping watercourses and the problem ATTACHMENT # 11 of legal access to check properties, it was agreed to adopt as precise a definition as possible now, and then to look at completing a map at some time in the future . The next meeting of the Codes and Ordinances Committee is scheduled for July 21 , 1999 , Proposed agenda items include review of the draft of the revised zoning chapter regarding Administration, continuation of discussion regarding commercial zoning, and continuation of discussion regarding other possible Zoning map revisions. A public information meeting regarding the three proposed South Hill Conservation Zones is scheduled for Wednesday, June 30, 1999 in the Town Hall Board Room. Capital Projects Planning Committee: The Committee met on June 2, 1999 . Agenda items included a status report on the inventory of the Town' s Capital assets, a preliminary discussion regarding possible evaluation criteria to determine capital project priorities, and a preliminary discussion regarding upcoming needs for capital projects and how to incorporate proposals into the 2000 Budget discussions . The next meeting is scheduled for Wednesday, July 7, 1999 . Town Hall / Post Office Project: Plans were submitted to the New York State Historic Preservation Office for the required review. The State recommends that ( 1 ) the stairway on the north entrance (Buffalo Street corner) be reconstructed just forward of their current location after the new access ramp and platform are added (this will retain the symmetry of the entrance in elevation view), and (2) the interior window treatment of the wall between the existing lobby and the new Board Room should be based on historic documentation, and the upper areas in the window bays should be treated consistently with variations made below . Staff is discussing these recommendations with HOLT & C Architects to determine what, if any, changes need to be considered. Management Retreat, Cazenovia : The Director of Planning participated in the management retreat on June 17th and 18th, 1999, in Cazenovia, NY. The retreat included information sessions and discussions on team building and communication skills. Ithaca-Tompkins County Transl2ortaion Council (ITCTC) : The Supervisor and Director of Planning attended the June 15, 1999 joint meeting of the ITCTC Planning and Policy Committees. Agenda items included a status report on the Long Range Plan update, a presentation of the Annual Report, an update on the NESTS study, and other miscellaneous business items. TEA-21 Grant Application: The grant application for the William and Hannah Pew Bikeway was completed and submitted to the ITCTC on July 1 , 1999 . Filename: 17plan \ to wnbd \ tpre0799 .m em 2 Town Board Meeting July 12 , 1999 Agenda Item No . 22 (e) Human Resources Specialist Report for June 1999 Integrated Water System = Labor Larry Parlett and I met with Steve Estes , Tompkins County Personnel , to finalize the Water Treatment Plant Operator and Assistant job descriptions . The WTPO Assistant exam will be given this Fall . This way the Cornell employees can take the exam and get some experience taking a civil service exam . The WTPO exam won 't be held until the Fall of 2000 . Southern Cayuga Lake Intermunicipal Water Commission =Personnel Manual : SCLIWC considered the changes to the Personnel Manual in June , but decided to delay approving changes until they received more information about the changes . The Commissioners will be receiving a full copy of the Town of Ithaca Personnel Manual to reference at their July 8th meeting . Once SCLIWC has determined what changes they would recommend , the Town ' s Personnel Committee will review the manual for a final recommendation to the Town Board . Intermunicipal Coordinated Training : The subject for the first training in 1999 was "Managing Conflict Effectively" . The Town had 5 employee participate in this training at a cost of only $25 per participant . Being able to design training specific to organization has been important and very cost effective . The coordinators will be evaluating whether to offer this program again in the Fall . We had a lot of people interested , including employees from the Town of Dryden and the Village of Lansing , but due to it being held in the summer they were unable to attend . Team Management Retreat : Linda Finlay and Scott Sears from Interface , a program of Community Dispute Resolution Center, spent 11 hours over 2 days teaching the management group techniques for communication and team building . Their main emphasis was on improving our communication and dealing with perceptions . This program was specifically designed for the Town of Ithaca and therefore , the facilitators allowed us to guide how things went , and didn 't keep us on a text book program . As a group we decided to have at least one more meeting with Linda and Scott to finish some of the key issues we wanted to discuss with their assistance to keep us focused . One of the main complaints about the retreat was that we didn 't have enough time to finish what we got started . Linda and Scott had a session on "Conducting Meetings Effectively" that we didn 't have time to discuss . It was suggested that the Town offers this session at a later date and include Town Board , Planning Board and Zoning Board members . ATTACHMENT # 12 Personnel Office : Sent to all the Department Heads blank annual performance appraisal forms to be completed by July 1 st . Continue working with Wealth in Wellness , a program of PHP , to establish a Wellness Program for the Town of Ithaca . I am planning to expand the Blood Pressure and Cholesterol screening fair held each Fall to include a session on " Increasing Physical Activity" and have body composition test done . Had initial meeting with Norm Wiley , Senior Loss Control Consultant for PERMA , to discuss their loss control program and accident reporting process . Norm will be attending the July Safety Committee meeting . Received notification from New York State and Local Retirement System that the State is offering the Retirement Incentive Program again for 1999 . 1 have sent out canvas letter to those employees who meet the minimum requirements to see if anyone is interested . There will be no action required if none of the employees are interested . Respectfully submitted by : Judith Drake , Human Resources Specialist • f TOWN OF ITHACA FINANCIAL REPORTING MONTH ENDING JUNE 30, 1999 REPORTS SUMMARIZED REVENUE & EXPENDITURES WITH FUND BALANCE AND CASH SUMMARY OF CASH ON HAND INVESTMENT REPORT COMPARATIVE REVIEW OF INTEREST EARNINGS PROJECTED FISCAL INTEREST EARNINGS REVIEW OF BANK COLLATERAL ATTACHMENT # 13 r [O C7 oe a° LO COO o cT° N (0 CO ' Nr qq O 00 co 0 r 0 to V'P O (D T' Cr) 00 qq r� N O t� cO 6q r00M od T-: 0 r� cQ O O O r� O r% (o (*') (o P� C6 d' to O O r� r n CO LU CO 19T r V O 'ct r� et O N M N I� r C0 00 00 O M r 00 CO N M w r r r r r r r W 0 Z EA Ef3 d4 bH EH Efl 69 D um V O o o IRt 0 CO o (D qqr W I� C� V r0 0) r� 00 0cr) (OO 000 C(O O LO CO r� 00 LO CIP) r LO U7 r 00 N r LO O O W W C7 O O LO qT cri O � ti N C7 O W N O V O >= LO r` r� In 00 (4 Cn P� Cod) In qq CO Nt a 00 O 00 CO `T (0 O M (7 d cy) � 60 CH d9 64 69 (A Cfl tO � a AMU 0Iq co S0 000 W a } O .- CO r� M In O U) r� M N 0 LO N O r r� c7 r C6 r` r CO CV � N � cr) (� N N O ZC!1 a 0r1� cc) (D mOV 0 CO �- Nr (O In to a Ljj _ CO � N0 m Nm (O O 00 q;t IT LO Z p W Z V G. 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Q N z J ui 0. Q x a 6 LLI z W L CO O \ N , M p \ Z Q�Q CN � p0 �? (N pp M M M C }y C W > - - 00 - OCi C r r O O .- } V O O O p p X W w W W ~ zO Z EH C9 to (f3 EF? ifl to EF W 0 000 D M o o M O C M OO DO Oa10) Op O � O C` O p ER O O W n In O O O L6(7 _ .- co N M N n C o N L ca 61) 6 6% I a Z rn w o a c D (�� W rn O W D W � 2 dU V Z � W C cn � a � o~. UW � � J Q W w w W v W ZW � 0 Q od c Z Z � _ � 2 ��cc �1 N J LL V) a � J � wZ W moots ? ow WZ Z Q j aV aW z Za w z 0 �- �- xx w CW7 � � � Z WQ dW Z H Z = LL it u] � OHW w C� Q O 0 0 U 4 mQ0 � o mQQ 8e \o W 0 W Z V 0 o m Q J W ® TOWN OF ITHACA CASH SUMMARY OF SAVINGS and CHECKING FOR THE MONTH ENDING JUNE 30, 1999 FUND AMOUNT GENERAL - OPERATING $ 222,874 GENERAL - OPERATING 21500 GENERAL - HIGHWAY 223 GENERAL - KENDALL RESERVE 242 GENERAL PART-TOWN = OPERATING 879755 GENERAL PART-TOWN, REVIEW FUNDS 7,875 HIGHWAY - OPERATING 145,226 WATER 64,068 SEWER 237,924 CAPITAL PROJECT BUILDING RESERVE 605 CAPITAL PROJECT HIGHWAY EQUIPM'T RESERVE 7 CAPITAL PROJECT OPEN SPACE PLAN RESERVE 100 CAPITAL PROJECT TOWN HALL 544 CAPITAL PROJECT HWY STORAGE SHED CLOSED CAPITAL PROJECT IACOVELLI NEIGHBORHOOD PK 396 ® CAPITAL PROJECT MECKLENBURG RD WTR MAIN 80,392 CAPITAL PROJECT WARREN RD WTR MAIN 5,000 CAPITAL PROJECT HIGHWAY EXCAVATOR 431 RISK RETENTION 919 FIRE PROTECTION 558 FOREST HOME LIGHTING DISTRICT 1 ,429 GLENSIDE LIGHTING DISTRICT 614 RENWICK HEIGHTS LIGHTING DISTRICT 818 EASTWOOD COMMONS LIGHTING DISTRICT 19184 CLOVER LANE LIGHTING DISTRICT 361 WINNER'S CIRCLE LIGHTING DISTRICT 588 BURLEIGH DRIVE LIGHTING DISTRICT 565 WEST HAVEN RD LIGHTING DISTRICT 21029 CODDINGTON RD LIGHTING DISTRICT 1 ,233 TRUST & AGENCY - PAYROLL 4,272 TRUST & AGENCY - JUSTICE FUNDS 150528 DEBT SERVICE 372 TOTAL $ 8861633 Page 1 TOWN OF ITHACA INVESTMENT REPORT BY FUND FOR THE MONTH ENDING JUNE 30 , 1999 ® ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS ) RATE DATE PRINCIPAL EARNINGS GENERAL FUND 5/28199 45 4. 70% 7/12/99 $ 500,000 2, 938 6/22199 20 4.80% 7112/99 $ 300,000 800 6122199 48 4.85% 819199 $ 500 , 000 31233 6/25199 80 4.8'wz% 9/13/99 $ 22,000 237 6125199 80 4.85% 9/13199 $ 21 ,000 226 TOTAL $ 11343,000 $ 71434 HIGHWAY FUND 6/29199 41 5000% 819/99 $ 185,000 $ 11053 WATER FUND 6/28/99 42 4.87% 819/99 $ 4407000 $ 21500 ® SEWER FUND 5128199 45 410% 7/12/99 $ 300,000 11763 6/28199 42 4.87% 8/9/99 $ 650,000 31693 6128199 77 4. 87% 9/13199 $ 250,000 21604 6128199 98 4.87% 1014199 $ 126,000 11670 TOTAL $ 113269000 $ 9,730 CAPITAL PROJECT FUND = BUILDING RESERVE 5114199 87 4.80% 8/9/99 $ 2369000 21738 6/25199 80 4.85% 9/13199 $ 329000 345 TOTAL $ 2689000 $ 31083 CAPITAL PROJECT FUND - WARREN ROAD WATER MAIN 6/29199 41 5.00% 819199 $ 250,000 $ 11424 ® CAPITAL PROJECT FUND = HIGHWAY EXCAVATOR 6125199 45 4. 85% 8/9/99 $ 101 ,000 $ 612 Page 1 of 2 TOWN OF ITHACA INVESTMENT REPORT BY FUND FOR THE MONTH ENDING JUNE 3091999 ® ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS) RATE DATE PRINCIPAL EARNINGS CAPITAL PROJECT FUND = OPEN SPACE PLAN RESERVE 5114/99 87 4.80% 7/14199 $ 53, 900 $ 625 CAPITAL PROJECT FUND - TOWN HALL 4/15199 88 410% 7112/99 $ 500,000 51744 5128199 73 415% 819199 $ 1592000 11531 6122199 48 4.85% 8/9199 $ 19010,000 6 ,531 TOTAL $ 11669,000 $ 13,806 CAPITAL PROJECT FUND = VINCENZO IACOVELLI NEIGHBORHOOD PARK ® 5/14199 87 4. 80% 819199 $ 819100 $ 941 RISK RETENTION FUND 5/14/99 87 4.80% 819199 $ 58,000 $ 673 FIRE PROTECTION FUND 2/18/99 214 415% 9/20/99 $ 169,000 41772 3/10199 194 4.80% 9120/99 $ 264, 000 61829 6/25/99 80 4 .85% 9/13199 $ 53, 000 571 TOTAL $ 4869000 $ 12 , 172 TOTAL INVESTED PRINCIPAL d@6/30/99 $ 612619000 TOTAL ESTIMATED INTEREST EARNINGS @6130199 $ 541054 Pege 2 of 2 ® SUMMARY OF INTEREST EARNINGS COMPARATIVE REVIEW OF INTEREST EARNINGS BUDGET VS ACTUAL FOR THE PERIOD ENDING JUNE 301 1999 FUND ACTUAL BUDGET OVER EARNINGS EARNINGS (UNDER) GENERAL $ 35,660 $ 45,000 $ (9,340) GENERAL - KENDALL RESERVE 303 - 303 GENERAL PART-TOWN 2,481 51000 (2,519) HIGHWAY 4,451 101000 (5,549) WATER 18,535 289000 (9,465) SEWER 37,214 249000 13,214 CAPITAL PROJECT - BUILDING RESERVE 119278 - 11 ,278 CAPITAL PROJECT - HIGHWAY EQUIPM'T RESERVE 2,096 - 2,096 CAPITAL PROJECT - OPEN SPAC PLAN RESERVE 11099 - 11099 CAPITAL PROJECT - TOWN HALL RENOVATION & CONSTR 40,691 - 40,691 CAPITAL PROJECT - HWY STORAGE SHED 545 - 545 ® CAPITAL PROJECT - IACOVELLI PARK 1 , 130 = 1 , 130 CAPITAL PROJECT - MECKLENBURG RD WATER MAIN 90 90 CAPITAL PROJECT - WARREN RD WATER MAIN - - - CAPITAL PROJECT - HIGHWAY EXCAVATOR 8 - 8 RISK RETENTION 11019 19200 ( 181 ) FIRE PROTECTION 20,771 17,000 39771 COMBINED LIGHTING DISTRICTS 141 - 141 DEBT SERVICE 694 200 494 TOTAL YEAR TO DATE EARNINGS $ 178,206 $ 130,400 $ 470806 PERCENT OF BUDGET EARNED 73% PERCENT IN EXCESS OF BUDGET 27% Page 1 of 1 ® TOWN OF ITHACA PROJECTED INTEREST EARNINGS FOR THE PERIOD ENDING JUNE 301 1999 FUND ACTUAL INVESTED ACTUAL EARNINGS EARNINGS PROJECTED TO DATE EARNINGS GENERAL $ 35,660 $ 71434 $ 43,094 GENERAL - KENDALL RESERVE 303 - 303 GENERAL PART-TOWN 2,481 - 2,481 HIGHWAY 4,451 11053 5,504 WATER 18,535 2,500 21 ,035 SEWER 37,214 9,730 46,944 CAPITAL PROJECT - BUILDING RESERVE 11 ,278 3,083 14,361 CAPITAL PROJECT - HIGHWAY EQUIPM'T RESERVE 29096 - 21096 CAPITAL PROJECT - OPEN SPACE PLAN RESERVE 17099 625 1 ,724 CAPITAL PROJECT - TOWN HALL RENOVATION & CONSTR 40,691 13,806 54,497 CAPITAL PROJECT - HIGHWAY STORAGE SHED 545 - 545 ® CAPITAL PROJECT - IACOVELLI PARK 1 , 130 941 29071 CAPITAL PROJECT - MECKLENBURG RD WATER MAIN 90 m 90 CAPITAL PROJECT - WARREN ROAD WATER MAIN - 1 ,424 1 ,424 CAPITAL PROJECT - HIGHWAY EXCAVATOR 8 612 620 RISK RETENTION 19019 673 1 ,692 FIRE PROTECTION 20,771 12, 172 329943 COMBINED LIGHTING DISTRICTS 141 - 141 DEBT SERVICE 694 - 694 TOTAL YEAR TO DATE EARNINGS $ 178,205 $ 54,053 $ ...23.2258 1999 BUDGETED EARNINGS $ 130,400 EXCESS EARNINGS $ 1011858 PERCENT OF EXCESS TO ANTICIPATED 78. 11 % Page 1 of 1 I i TOWN OF ITHACA REVIEW OF BANK COLLATERAL AS OF JUNE 30, 1999 SAVINGS and CHECKING $ 886,633 INVESTMENTS 612611000 TOTAL CASH ON DEPOSIT $ 75147,633 FDIC INSURANCE 2009000 FMV COLLATERAL ON DEPOSIT 90584,497 OVER (UNDER) COLLATERALIZED $ 2,636,864 PERCENT OF ASSETS COLLATERALIZED 134% Pagel TOWN OF ITHACA BUDGET TRANSFER AS OF JUNE 30, 1999 GENERAL TOWNWIDE FUND TO: TOWN BOARD A1010. 410 CONFERENCE & MILEAGE 97. 50 JUSTICES Al 110.200 EQUIPMENT 637 . 19 Al 110.420 DUES & PUBLICATION 10. 00 ACCOUNTING Al 316. 400 CONTRACTUAL 310. 00 BUDGET Al 340. 400 CONTRACTUAL 189. 86 Al 340. 420 DUES & PUBLICATIONS 155. 00 TOWN CLERK Al 410. 410 CONFERENCE & MILEAGE 166. 85 Al 410.420 DUES & PUBLICATIONS 173. 00 PERSONNEL Al 430. 200 EQUIPMENT 208. 40 A1430. 421 EMPLOYEE EDUCATION 11079. 98 Al 430. 430 PAYROLL SERVICES 85. 89 ENGINEER Al 440. 400 CONTRACTUAL 13085. 74 Al 440. 420 DUES & PUBLICATIONS 43. 00 BUILDINGS Al 620. 400 CONTRACTUAL 843. 20 ® CENTRAL STOREROOM A1660.400 CONTRACTUAL 739. 82 CENTRAL PRINTING & MAILING A1670. 200 EQUIPMENT 11970. 56 CENTRAL DATA PROCESSING A1680. 200 EQUIPMENT 9,828.60 SUPERINTENDENT - HIGHWAYS A5010. 408 POSTAGE 17. 40 A5010. 411 CONFERENCE & MILEAGE 165.69 TOTAL OVER DRAWN 171807 . 68 FROM : TOWN BOARD A1010. 400 CONTRACTUAL 734. 69 JUSTICES Al 110. 400 CONTRACTUAL 10. 00 AUDITORS Al 320. 400 CONTRACTUAL 21000. 00 Al 340. 410 DUES & PUBLICATIONS 344. 86 TOWN ATTORNEY A1420. 400 CONTRACTUAL 548. 25 BUILDINGS A1620. 200 EQUIPMENT 31000. 00 A1620.409 UTILITIES 128. 81 CENTRAL PRINTING & MAILINGS Al 670. 400 COPIER SUPPLIES 1 , 522. 05 SPECIAL ITEMS Al 920.401 TAX ASSESSMENTS 31052. 44 SUPERINTENDENT - HIGHWAYS A5010. 410 TRAINING & SAFETY 182. 99 HIGHWAY A5132.460 STORM WATER MGM'T 61283. 59 TOTAL TRANSFERS 171807 .68 ® I Pagel i TOWN OF ITHACA BUDGET TRANSFERS AS OF JUNE 30, 1999 GENERAL PART TOWN FUND TO: CENTRAL DATA PROCESSING 131680. 200 EQUIPMENT 805. 74 UNALLOCATED INSURANCE B1910. 400 CONTRACTUAL 1 ,407 . 15 PARK MAINTENANCE B7140. 415 TELEPHONE 193. 75 ZONING B8010. 400 CONTRACTUAL 495. 03 138010.409 LEGAL ADS 364. 74 68010. 415 TELEPHONE 285. 30 PLANNING 138020.400 CONTRACTUAL 1 ,057 . 57 138020. 409 LEGAL ADS 618.40 68020. 410 CIVITAS - INTERNS 294. 80 TOTAL OVER DRAWN 51522. 48 FROM: CENTRAL STOREROOM 61660. 400 CONTRACTUAL 27000. 00 CENTRAL PRINTING & MAILING 131670.409 LEGAL ADS 21500. 00 ZONING B8010.403 CONFERENCE & MILEAGE 522.48 68010. 440 SAFETY & TRAINING 500. 00 TOTAL TRANSFERS 51522.48 HIGHWAY FUND TO: MACHINERY DB5130.202 EQUIPMENT - SMALL 71863. 80 TOTAL OVER DRAWN 77863. 80 FROM: MACHINERY D135130. 201 EQUIPMENT - LARGE 71863. 80 TOTAL TRANSFER 71863. 80 Page 2 TOWN OF ITHACA BUDGET TRANSFERS AS OF JUNE 30, 1999 WATER FUND TO: SPECIAL ITEMS F1910. 400 UNALLOCATED INSURANCE 1 , 154. 90 WATER ADMINISTRATION F8310. 400 CONTRACTUAL 40. 45 WATER DISTRIBUTION F8340. 200 EQUIPMENT 21627 . 00 F8340. 400 CONTRACTUAL 67284. 83 F8340. 480 CAPITAL IMPROVEMENTS 100. 00 F8340. 490 WATER REFUNDS 17349. 37 TOTAL OVER DRAWN 111556. 55 FROM: WATER DISTRIBUTION F8340. 489 SCLIWC CONSTRUCTION 11 , 556. 55 TOTAL TRANSFER 11 , 556. 55 SEWER FUND TO: ADMINISTRATION G1910. 400 CONTRACTUAL 505. 11 SANITARY SEWERS G8120.200 EQUIPMENT 21627 . 00 G8120. 400 CONTRACTUAL 240. 32 G8120. 440 SAFETY & TRAINING 179. 41 G8120. 490 SEWER REFUNDS 31718 . 12 TOTAL OVER DRAWN 7 ,269. 96 FROM: SANITARY SEWERS G8120 . 450 SCHEDULED CAP IMP 71269. 96 TOTAL TRANSFER 71269. 96 Page 3 Agenda #W. TOWN OF ITHACA REPORT OF BUILDING PERIYIITS ISSUED FOR THE NIONTH OF JUNE 1999 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1999 0 0 0 0 RESIDENCES 1998 0 0 0 0 SINGLE FAMILY DETACHED 1999 0 0 4 3109000 RESIDENCES 1998 3 343 ,000 9 753,000 1999 0 0 0 0 TWO FAMILY RESIDENCES 1998 2 350,000 2 3507000 1999 3 38,500 10 204.500 RENOVATIONS 1998 2 35,895 8 399, 136 1999 0 0 0 0 CONVERSIONS OF USE 1998 0 0 2 39800 1999 2 46,895 3 70,854 ADDITIONS TO FOOTPRINT 1998 4 2889838 8 338,638 1999 0 0 1 1 ,500 MULTIPLE RESIDENCES 1998 0 0 0 0 1 Courtside move court wall 9,000 1 TC Chamber of Commerce finish exterior dock/add wall 5,989 ® 1999 2 14,989 5 886,793 BUSINESS 1998 11 125,000 5 252,050 1999 0 0 0 0 AGRICULTURAL 1998 0 0 0 0 1999 0 0 0 0 INDUSTRIAL 1998 0 0 0 0 1 CU Wilson Lab G-tine addition 1 ,9719500 1 CU Wilson Lab cooling towers replacement 1 .000.000 1999 2 2,9713500 10 41840,670 EDUCATIONAL 1998 1 707000 4 197899500 1 24' x 24' garage 11 ,000 1 Replace roof 10,000 1 Modify front porch 63800 1 Deck with play structure 20,736 1 Trinity Lutheran parking lot 96,500 MISCELLANEOUS 1999 5 1459036 21 306,473 CONSTRUCTION 1998 7 341400 23 160,745 TOTAL NUMBER OF 1999 14 31216,920 54 61620,790 PERMITS ISSUED 1998 20 1 ,2479133 61 4,0461869 TOTAL FEES 1999 14 3, 150 54 91255 RECEIVED 1998 20 21940 61 7,580 Date Prepared: July 6, 1999 Dam L. Holford Building/Zoning Department Secretary ATTACHMENT # 14 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 21 1 . 172 East King Road - Hospicare residence & administrative offices - temporary. 2. 1215 Trumansburg Road - 16' x 18' room addition. 3 . 213 Warren Road (CU) - Golf Pro Shop and related offices. 4. 104 Drew Road - relocation of washer/dryer and shower stall. 5. 10 Sanctuary Drive - new two-family dwelling. 6. 798 Elm Street Extension - new single-family dwelling. 7. 117 Briarwood Drive - new two-family dwelling. 8. 99 Terraceview Drive - roof replacement on barn. 9. 241 Coy Glen Road - gable dormer. 10. 101 Dates Drive (CMC) - fixed base MRI. 11 . 1466 Trumansburg Road - reroof residence. 12. 215 Warren Road (CU) - pump house at Moakley House. 13 . 101 Roat Street - interior remodeling and deck addition. 14. 102 Longview Drive - 14' x 16' outside wood deck. 15 . 1022 Ellis Hollow Road - Cornell Fingerlakes Credit Union. 16. 249 Coddington Road - 840 square feet of building addition. 17. 165 Pearsall Place - enclose pump house. 18 . 115 Briarwood Drive - new two-family dwelling. 19. 169 Seven Mile Drive - new single-family dwelling. 20. 1323 Mecklenburg Road (EcoVillage) - community center - temporary. 21 . 980 Danby Road (Ithacare) - residential care facility - temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1999 - 81 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE41998 - 61 INQUHUES/COMPLAINTS INVESTIGATED THIS MONTH - 5 1 . 152 12 Seven Mile Drive - building code - no violation found. 2. 203 Muriel Street - property maintenance - no violation found. 3 . 208 Tareyton Drive - property maintenance - no violation found. 4. 104 Ridgecrest Road - property maintenance - abated. 5. 654 Coddington Road - building code - abated. From May 1999: 1 . 936 East Shore Drive - property maintenance - pending. From April 1999: 1 . 172 Calkins Road - property maintenance - pending. 2. 913 Wyckoff Road - building code - pending - building permit applied for. From December 1998 : 1 . 1020 Danby Road - building code/zoning/occupancy - occupancy reduced - pending affidavit. From November 1998: 1 . 244 Bundy Road - unsafe building to be demolished by new owner - application pending. . 3 SMav 1998 : 9 Stone Quarry Road - building code & unsafe vacant building - pending. 5 West Haven Road - building code - application pending. 20 Haller Boulevard - building code - pending. From April 1998 : 1 . (Therm) 703 Hudson Street Extension - noise - abated. From March 1998: 1 . 124 Haller Boulevard - building code (illegal apartment) - pending. (apartment occupied by family member) From FehnIM 1998 : 1 . 803 Coddington Road - building code (illegal apartment) - pending. (apartment vacant) 2. 611 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: 0"7 Trumansburg Road - building code and zoning violation (illegal apartment) - pending. (apartment vacant) Seryternber 1997: 19 Woolf Lane - building code - abated. From May 1995: 1 . 1152 Danby Road - zoning and building code - pending legal action. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1999 - 26 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1998 - 42 TOTAL FIELD VISITS THIS MONTH - 107 Uniform Building Code - 85 Local Law and Zoning Inspections - 13 Fire Safety - 4 (2 restaurants, I apartment complex ( 12 buildings - 89 units), 1 church) Fire Safety Reinspections - 3 ( 1 museum, l daycare, I apartment complex) Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 2 TOTAL FIELD VISITS YEAR TO DATE, 1999 - 479 TOTAL FIELD VISITS YEAR TO DATE, 1998 - 471 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 1999 - 4 TAL SIGN PERMITS YEAR TO DATE, 1998 - 4 ZONING BOARD OF APPEALS I MEETING, 4 CASES, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , . TUNE 9 , 1999 7 : 00 P . ;'vI . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday . June 9 , 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 Russell C . Hodnett. Appellant, requesting a variance from the requirements of Article V . Section 21 and Article XI . Section 51 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing single- family residence with a west side building setback of 35 y feet (40 feet required) at 125 Iradell Road . Town of Ithaca Tax Parcel No . 24- 1 - 10 , Agricultural Zone ( R- 30 regulations apply) . APPEAL of Clint Sidle, Appellant, Robert Johnsrud, Agent, requesting an authorization from the Town of Ithaca Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to D� e alter a nonconforming single -family residence on a nonconforming building lot located at 215 Forest Home Drive, Town of Ithaca Tax Parcel No . 66-4- 5 , Residence District R- 15 . Said alteration involves a 57 square foot building addition on the building ' s southeast side, less than the required 15 feet from the property line . APPEAL of Timothy Ciaschi , Appellant, requesting a variance from the requirements of Article IV , Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to build on a parcel of land 50 feet in width at the street line and the front yard setback line (60 feet and 100 feet required respectively) at 120 Woolf Lane, Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 , Residence District R- 15 Cluster. APPEAL of the Montessori School , Appellant, Peter Demjanec , Agent, requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to create a school building at 122 East King Road, Town of Ithaca Tax Parcel No . 43 - 1 - ��� �'`� 3 . 6 , Residence District R- 15 . The proposal will also involve a variance from Article XIII , Section 69 of the Ordinance to provide 5 vehicle parking spaces, where 10 would be required. Additionally , a variance from the requirements of Section 4 . 01 - 1a of the Town of Ithaca Sign Law is also requested, in order to maintain a 15 ± square foot sign on the property , where only 4 square feet is permitted . 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 vi=sual or hearing impairments or other special needs, as appropriate , will be provided with assistance , as necessary , upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : June 2 , 1999 Published : June 4 , 1999 ✓• O O C? N ` 0 :r ' 0000 N OMO 00 O ON, L v O O O O O S °' 7 W) 7 N •--� O C — O n v 7- oo, S o o g o0 o G ;. h C S v pO O O O ^J O S O O tn Lo mow v g o S S N h z o O $ g , � 1 N C° o,o i w �I Ci C N O O N •rr, vi ry W) �c N h cc T yyy _ O� ) Z , n„Q f o C> Tr o o =4� O, rn O O S e � o o a Z o on r r s O O 00 C C O O — 00 O 00 � N N 7 M h 00 v v ^ 00 ^ ^ O � v v p p 6w S co O O O O Vl RT r L 00 C O w4! — N — I. Adk - � r I