HomeMy WebLinkAboutTB Minutes 1994-02-07^ \
Town of Ithaca
Town Board Meeting Minutes
February 1, 1994
At a regular meeting of the Town Board of the Town of Ithaca,
Tompkins County, New York, held at the Town Hall, 126 East Seneca
Street, Ithaca, New York, there were:
PRESENT: John G. Whitcomb, Supervisor; Catherine Valentino,
Councilwoman; Karl Niklas, Councilman; David Klein, Councilman;
Carolyn Grigorov, Councilwoman; Ellen Z. Harrison, Councilwoman;
Edward Conley, Councilman.
ALSO PRESENT; John Barney, Esq., Attorney for the Town; Joan Lent
Noteboom, Town Clerk; Daniel Walker, P.E., Town Engineer; Fred
Noteboom, Highway Superintendent; Andrew Frost, Building/Zoning
Officer; Patricia Punger, Personnel Manager; Sally Alario,
Assistant Budget Officer.
James Kazda, Tompkins County Engineer; Liz Cameron, Tompkins County
Department of Public Works; D.J. Stotz; Helen Sundell; Carl
Sundell; Bruce Brittain; Brent Stephens; Harriet Brittain; Douglas
' ^ Brittain; George Bayer; Charles Troutman; Ruth Mahr; H.
Taraszkiewicz; Margery Shipe; Isabel Peard; Nancy Brooks; Stan
Seltzer; Dan Winch, Chairman, Tompkins County Public Works
Committee; Beverly Livesay, Tompkins County Board of
Representatives.
Call to Order: The Supervisor called the meeting to order at 5:34
p.m.
Pledge of Allegiance; The Supervisor led the assemblage in the
Pledge of Allegiance.
Agenda Item No. 3 - Report of Town Officials
a. Supervisor's Report - Supervisor Whitcomb reported he had the
opportunity to attend the meeting of the Ithaca Tompkins County
Transportation Council, (MPO). Councilwoman Harrison and
Supervisor Whitcomb met with David Boyd after the meeting and
discussed transportation planning in the County, and how the Town's
plan fit into the County's.
Supervisor Whitcomb attended a meeting at Cornell on local
government. It has been an interesting month and things are going
^ very well.
1
Supervisor Whitcomb noted that Agenda Item No. 10 will be deleted
' \ this evening.
b. Town Engineer's Report - Mr. Walker explained that along with
the monthly report he is presenting the Annual Report for the
Engineering and Planning Departments for 1993, (see attached).
Mr. Walker reviewed the highlights of his reports with the Board.
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Page 2.
The MPO is developing a Transportation Task Team to start a
comprehensive planning of transportation for the area. This will
coincide with the transportation plan the Town will be working on.
George Frantz, Assistant Planner; Louise Raimondo, Planner I;
Candace Cornell, Planning Board Member; and Mr. Walker attend a
seminar for Wetlands dealing with some of the permit requirements,
legalities, and technical information.
There have been a few water main breaks as a result of the weather.
c. Town Highway Superintendent's Report - Mr. Noteboom reported
that during January the Highway and Parks Departments spent the
majority of their time removing snow. Double the labor hours were
spent this year as compared to previous years. However, they did
not use anymore materials than usual. There have been a few more
repairs to the vehicles than normal because they are being used
more to push the snow back. (See attached report).
d. Town Building Inspector/Zoning Officer's Report - Mr. Frost
reviewed his v/ritten report with the Board, (see attached).
e. Planning Report - Included in engineering report.
f. Town Clerk/Receiver of Taxes Report - Mrs. Noteboom stated that
as of today she has paid the Town Supervisor the full tax warrant
for 1994, with the exception of all the In Lieu of Tax Payments.
Mrs. Noteboom stated they sent out approximately 4907 tax bills and
the total warrant was $3,269,479.14. For the week of 1/28/94 to
2/4/94 we collected 1701 tax bills for a total of $2,256,851.80.
We have collected to date 3271 tax bills. Today (2/7/94) her
department processed 538 bills, $859,066.03.
Mrs. Noteboom thanked her Deputy Betty Poole for her hard work this
past week, the accomplishments made would not been possible without
her.
Mrs. Noteboom also thanked Wayne Sincebaugh and Stanley Schrier for
putting up the pictures and bulletin strips in the freshly painted
board room.
Town Attorney's Report; Attorney Barney happily reported the Town
of Ithaca received a decision that they won a lawsuit. The lawsuit
involved the Town Planning Board and their decision as to whether
there should be a chicken barbecue on Route 13. The Town lost in
the trial court on summary judgement and appealed. The Appellate
Court found in favor of the Town and reversed the decision. Mr.
Barney felt this should end the case.
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Page 3.
Agenda Item No. 4 - Review of Correspondence;
Two letters were received concerning water or sewer benefit tax
refunds on tax parcels.
Ward Hungerford, Tompkins Co. Highway Manager, Bostwick Road
Ernest Hardy, 215 Enfield Falls Road
Supervisor Whitcomb referred these letters to the Town Engineer for
his recommendation to the Board at the March meeting.
Agenda Item No. 5 - Report of Town Committees;
Councilwoman Valentino attended a meeting with different municipal
officers in the media to discuss the possibility of a joint county
wide cable commission. She was appointed to a sub-committee of
that which was reported in the editorial page of the Ithaca
J ournal.
There used to be a County Cable Commission that disbanded which
during its tenure set up guidelines of rules and regulations. This
new committee reviewed to them to determine if those rules were
current enough to keep the municipalities moving forward. It was
decided that with a few minor revisions those rules and regulations
could still be used.
Hopefully, this group will meet again shortly. Then a formal
resolution will come before the Town Board to see the town's extent
of interest for a County Commission to negotiate franchises,
dealing with the FCC and State Cable Commission, rules and
regulations, and public access. The City primarily deals with
public access presently v/ithout the other municipalities having
input. There seems to be interest from the other municipalities.
It would be excellent if the Tov/n could move forward with the
others instead of each municipality dealing v/ith franchises
separately. It would have the benefit of negotiating power with
the cable company and vvould be a very good intermunicipal
cooperative.
The City has been having difficulty in filling their slots on their
commission so they are interested. They also are in a position of
negotiating items without input from the rest of the communities.
The Task Force for Recreation has been slowed down due to the bad
weather and illnesses of different members. They are moving
forward with help from the State Parks and Youth Development
Resources to look at models in place in other areas where they are
using intermunicipal cooperation for youth services instead of
piece meal.
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Page 4.
The Task Force hopes to hold informational public meetings
regarding youth services in the area.
Councilman Niklas stated the Codes and Ordinances Committee did not
meet last week as scheduled because half of the committee members
and staff were out of town. Councilman Niklas said he is concerned
with knowing who is the liaison in the Planning Department to
organize the agenda for the Committee in the absence of the Town
Planner. The Town Planner has in the past discussed with
Councilman Niklas the agenda.
Mr. Walker has been doing a very good job in overseeing the
Planning Department until a new Town Planner is found, but guidance
is needed who is going to organizing these meetings.
Supervisor Whitcomb suggested that Councilman Niklas and Mr. Walker
meet to determine who will be the contact person in the Planning
Department for the Codes and Ordinance Committee.
Councilman Klein added that he was notified the day of the meeting.
Councilman Niklas said it is was peculiar because he received a FAX
from the Planning Department asking what the agenda was. Later the
day of the meeting he was told it was canceled. Councilman Niklas
said that he was confused as he was Chairman of the committee and
it is strange the meeting was canceled without his knowledge.
Councilman Klein reported the Public Works Committee met on January
27, and there was a lengthy agenda. Many will be discussed this
evening.
The South Hill Trail work will completed in the spring. There is
a June 30, deadline for the completion.
The reconstruction of Judd Falls Road which v/as discussed at length
last fall and negotiated with the Forest Home Improvement Committee
is expected to be delayed. It is not expected to do the work this
year pending a northeast transportation road study that Mr. Walker
has taken to the MPO. There will very likely have to be some
repairs to the road to get it through another season.
Councilwoman Harrison attended the meeting to discuss the Route 13
Improvements. There is a resolution on that matter this evening.
^ Mr. Noteboom would like to have a Town Board of the Town garage and
other Town facilities in the spring.
Councilwoman Grigorov stated the Planning Committee has met twice.
Mr. Walker had a work plan based on the Tov;n Board's adopted 1994
plan. It was not difficult to direct the planning staff as to
their assignments for the year, but deciding what the Planning
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Page 5.
Committee will be doing is difficult. The idea is to implement the
Comprehensive Plan. Work has been done on isolating studies that
have to done before zoning revisions or rewriting. At the next
meeting the Committee will hear from a local individual who has
experience in planning to help them get started.
Agenda Item No. 8 - Consent Agenda Items;
Supervisor Whitcomb stated this is the first attempt at Councilman
Klein's suggest for consent agenda items. Items in which there is
likely to be controversy are pooled together for a single
resolution.
Motion made by Councilman Klein, seconded by Councilman Niklas
approving and/or authorizing the consent agenda items. No. 8a to
8k.
The Supervisor asked if there was any discussion of these items?
Attorney Barney explained the Town Board is moving all the
resolutions, they are separate resolutions but are moved
simultaneously.
Councilwoman Harrison asked what happens to the brush and leaves
picked up during the Spring Pick-Up?
Mr. Noteboom explained that while picking them up at roadside the
Highway Department chips them up into mulch. These chips are used
in the Town parks and residents are welcome to come to the Highway
Department and get some for their yards. The leaves are composted
into topsoil which is used and offered in the same way.
Councilwoman Harrison recalled the spring pick-up was a significant
endeavor for the Highv/ay Department.
Mr. Noteboom agreed, it depends on the weather how long it takes.
Mrs. Noteboom mentioned she does not expect to receive much or any
funding for the SARA Archival Grant. The State normally gives the
money to Towns who have not started their programs yet. The Town
of Ithaca is presently working on its third grant from SARA.
^ Mrs. Noteboom stated there was a change in one of the Town's
Polling Places from Ithaca College to National Cash Register.
/
Supervisor Whitcomb mentioned there was a copy of the grant
application provided to the Tov/n Board, and it represents a
significant effort on the Town Clerk's part.
Motion was called and carried unanimously.
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TB Minutes - 2/7/94
Page 6.
Agenda Item No. 9 - Appointment of Finance Committee;
Supervisor Whitcomb appointed Catherine Valentino and Edward Conley
to the Finance Committee. The Finance Committee will review all
the vouchers, requisitions, audit petty cash, interact with
auditor's at the exist conference during the annual audit, assist
with the 1994 priorities, and other duties as assigned by the
Supervisor.
Motion made by Councilman Niklas, seconded by Councilman Klein
approving the appointment of Catherine Valentino and Edward Conley
to the Town of Ithaca Finance Committee for 1994. Carried
unanimously.
Agenda Item No. 11 - Appointment Attornev for the Town 1994;
Motion made by Supervisor Whitcomb appointing John Barney, Esquire
as the Attorney for the Town of Ithaca for 1994 based upon the
conditions as set forth in a letter from Mr. Barney, (see
attached). Seconded by Councilman Niklas, carried unanimously.
Agenda Item No. 12 - Quarterlv Investment Report. 10/1/93
12/31/93:
Ms. Alario reported the total interest earned on the investments
for the 4th quarter of 1993 was $18,973.63. Included in
information provided was a note explaining the town's investments.
Councilwoman Grigorov thanked Ms. Alario for providing the
information explaining the investments.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino approving the Quarterly Investment Report for 10/1/93 to
12/31/93. Carried unanimously.
Agenda Item No. 13 - Annual Investment Report;
Councilman Klein asked how the interest received for 1993 compared
to the budget amount?
Ms. Alario responded that in some of the funds it was a little
over, and in some less. It depended on how long the monies
remained in the fund during the year. Overall the Town came out
just slightly under what v;as budgeted.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino approving the Annual Investment Report for 1993. Carried
unanimously.
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Page 7.
Agenda Item No. 14 - 1993 Budget Amendments;
Ms. Alario explained that an additional amendment was added at each
member's place this evening because the Accounting Department was
waiting to receive information as to whether the Town must account
for SCLIWC debt. It has to be recorded in a different way this
year.
Motion made by Councilman Niklas, seconded by Councilman Klein
approving the 1993 Budget Amendments as presented. Carried
unanimously.
Agenda Item No. 15 - Fixed Assets Value for Accounting;
Supervisor Whitcomb explained that presently there is a $100.00
value for placing items on the Fixed Assets Inventory. The
Department of Audit and Control has recommended a $500.00 limit.
A Councilman Klein asked if this were being proposed because so manyitems are more expensive than $100 and it is time consuming to keep
adding them to the inventory?
Supervisor Whitcomb responded, yes.
Motion made by Councilman Conley, seconded by Councilman Niklas
authorizing and approving a $500.00 minimum limit for the recording
of fixed assets. Carried unanimously.
Agenda Item No. 16 - Increase of Minimum Amount Reguired for
Supervisor's Signature;
Supervisor Whitcomb stated currently the Supervisor signs all
purchases for $1000 and over, the State is recommending the limit
be $3,000.
Councilman Niklas asked if any signature would be required for a
purchase under $3,000.
Supervisor Whitcomb said it would be a Department Head signature
based on a budgeted item, and all purchasing procedures would have
to be undertaken. It also would be reviewed by the Finance
Committee.
Motion made by Councilman Niklas, seconded by Councilman Conley
approving and authorizing the amendment to the Purchase Order
Policy to increase to $3000 the amount requiring the Supervisor's
signature.
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Page 8.
Agenda Item No. 17 - Ratification of One Half Payment Property
Taxes, lacovelli;
Supervisor V/hitcomb explained this was discussed in May 1993, and
there was a consensus of the Town Board at that time that as part
of the agreement for Mr. lacovelli conveying these parcels to the
Town for lacovelli Park that the Town share the property taxes for
that year.
Mr. Liguori recommended that they be split 50/50. In reviewing the
minutes it could not be found there was a resolution to that
effect, only a discussion. So it is asked that consensus be
ratified at this time.
Attorney Barney explained that if the Town takes property after
March 1, of a given year it doesn't go off the taxes until the
following March 1. In this case we accepted property. Normally
the Town requires the developer to pay the taxes until the property
goes off the rolls, however, Mr. lacovelli has given a much larger
portion of land that what would be required for the park. After
many negotiations, this seemed to be the fairest way.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino ratifying the payment to Orlando lacovelli of one half of
his 1994 Town and County Taxes in the amount of $180.15, and one
half of his 1993-4 school taxes in the amount of $295.08 for the
tax parcels conveyed to the Town of Ithaca. Motion carried
unanimously.
Agenda Item No. 18 - Association of Towns Resolutions;
Supervisor Whitcomb said the Town Board is instructing the delegate
to the Association of Towns meeting how to vote on the resolutions.
Mrs. Noteboom said the Town Board reaches a consensus on the
resolutions and instructs their representative how to vote at the
Annual Meeting of the Association of Tov/ns.
Attorney Barney said this Town Board if they chose could vote on
each issue to direct their delegate how to vote.
/ ,
Councilman Niklas said that the vote of the delegate is for each
individual resolution.
Mrs. Noteboom has forwarded a certified copy of the resolution in
January of the appointment of the Town's delegate.
Councilwoman Harrison stated she had called the Town Clerk to ask
what documentation concerning the resolutions was sent to the Town
by the Association of Towns. They did not send any other
documentation other than v;hat has been presented.
TB Minutes - 2/7/94
Page 10.
Councilwoman Harrison commented on the Safe Drinking Water
Regulations that they are asking for an extension of time deadlines
to allow significantly longer periods before compliance is
required. She said that she was not aware enough of what the
original deadlines were for municipalities, how much notice they
had. It is not atypical wait until almost the "eleventh" hour.
She asked Councilwoman Grigorov carefully consider this item at the
meeting.
Mr. Frost said the State Aid for Code Enforcement resolution which
urges the State to restore $7 million in fire prevention and
building code enforcement funding cut from the budget in the last
tv7o fiscal years. The State mandates all things regarding to
building code, the Town actually has no control over waiving any
parts of it. The State used to reimburse the Towns for certain
activities relating to building codes, they have stopped. Mr.
Frost asked that a vote of "yes" be made concerning this issue so
funding can be restored for these activities.
Motion called and carried unanimously.
Councilwoman Harrison asked that it also be communicated to the
Association of Towns that it would be helpful in the future if they
provided more information on the resolutions to be voted on.
Councilwoman Valentino said that the Town usually receives more
information than was provided this year.
Councilman Conley said that he likes what the WICKS law was
supposed to accomplish, but when municipalities are involved in
projects with three or four different contractors and there is a
problem the contractors shift the blame one another. A
governmental units pays a great deal of money for bonds, and there
is no V7ay to collect on bonds V7hen contractors start disagreeing.
Councilman Klein said that the Tov7n had a terrible time closing the
projects at the fire stations because of disputes betV7een the
various prime contractors.
Councilman Conley felt it almost requires a governmental unit to
supervise the drawings just to make sure it doesn't happen.
Agenda Item No. 7 - Persons To Be Heard;
Mr. H. Taraszkiewicz, 719 Hanshav7 Road addressed the Board and said
that he has been before the Board many times about a case against
the Town and Mr. Walker, Town Engineer about the water drainage Mr.
Walker insisted came on his property. Mr. V/alker came on his
property without a warrant and searched then joined the neighbors,
you know the rest of the story.
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Page 11.
Mr. Taraszkiewicz said he would like to ask Mr. Walker a fev/
questions. Mr. Walker v/as in court testifying against him and was
insisting that the type of system he recommended be built. Did
they build the drainage system Mr. Walker advised?
Mr. Walker stated he was not av/are of what the final outcome of any
construction was.
Mr. Taraszkiewicz said when Mr. Walker was in court testifying
against him and insisting on that system
Attorney Barney said the point is the Town is not going to have an
interrogation of Town officials and told Mr. Taraszkiewicz if he
would like to speak to Mr. Walker about this he was sure Mr. Walker
V7ould be more than willing to do so. The Tov7n Board does not v/ant
to spend time question by question as to what Mr. Walker did or not
do. The Town Board looked into the matter and a letter was sent to
you indicating
Mr. Taraszkiewicz said the letter explained that Mr. Walker had a
duty, and asked what kind of duty.
Attorney Barney told Mr. Taraszkiewicz he could bring a claim
against the Town in the normal course of events. It is not fair to
put any one town official on the witness stand in this manner. The
Tov/n Board looked into the issue and advised Mr. Taraszkiewicz you
of the results, and that is as far as it really needs to go.
Mr. Taraszkiev/icz claimed he sees it as a conspiracy. $4000.00 for
the system Mr. Walker designed. Mr. Taraszkiewicz asked again if
the system Mr. Walker advised was built.
Attorney Barney reiterated the Town Board looked into the matter
and found there was no basis for proceeding. Mr. Taraszkiewicz"s
recourse if he chooses is to bring it a law suit against the Town
and the Town will certainly respond. Every adjudicatory group that
has heard Mr. Taraszkiewicz's claim ruled against him to date.
Attorney Barney felt fairly comfortable that if Mr. Taraszkiewicz
chose to bring a claim against the Town the same result would occur
on that occasion.
Mr. Taraszkiewicz said that Mr. Barney wrote a letter saying Mr.
V/alker had a duty, but that he didn't quote any law. There is no
such duty to go on private property and interfere with people and
cause damages.
Councilman Niklas interjected and told Mr. Taraszkiewicz that the
bottom line is that he would not receive satisfaction from what he
is doing now and what he has done in the past. If he has a
grievance take the Town to court, but this is not the proper place
to venue, or the opportunity to engage the Town in a debate.
TB Minutes - 2/7/94
Page 12.
The Tov/n Board has heard v/hat Mr. Taraszkiewicz has had to say and
the Town Attorney has responded to the Town Board's decision about
what Mr. Taraszkiewicz has said.
Mr. Taraszkiewicz asked what kind of procedure is this, he insists
the system has to be that way and then he doesn't follow up. Mr.
Walker had such a duty, why doesn't Mr. Walker make sure the $4000
project is done? Instead a $200 project was done after the trial.
That system was insisted on by Mr. VJalker, v/hat kind of people does
the Town have here. Mr. Barney is an Attorney and he is supposed
to condemn that kind of action. It is not the Town's business to
interfere in private affairs.
Councilman Niklas said the courts have borne out that the Tov;n has
behaved properly, and has done its duty. Thank you.
Supervisor Whitcomb asked if anyone else wished to be heard
concerning any issue not on the agenda?
No other member of the audience wished to be heard.
Agenda Item No. 19 - Date Public Hearing, Aged Exemptions;
Supervisor Whitcomb explained the Tov/n Board wished to set the date
for a Special Tov/n BoArd meeting to hold a Public Hearing to
consider a Local Law No. 3, a "LOCAL LAW INCREASING THE PARTIAL TAX
EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES
WHO ARE 65 YEARS OF AGE OR OLDER".
Councilman Niklas moved that vve have this as an agenda item at the
next Tov/n Board meeting.
Supervisor Whitcomb said that v/ould not be possible as there is a
deadline before that time, a Special Tovi/n Board meeting will have
to be held.
Mrs. Noteboom stated the Local Law has to be adopted no later than
February 28.
Councilman Conley asked what will be considered, and why can't it
be dealt with at this meeting?
Mrs. Noteboom responded, increasing the income limit an aged person
can make to be eligible for a property tax exemption.
Attorney Barney said there has to be a local lav7 and a public
hearing must be held v/hen enacting a local lav/.
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Page 13.
Councilman Niklas said that the public hearing should be held later
than 5:30 p.m. so that people would be able to attend and suggested
7:00 p.m. on Thursday, February 24.
Motion made by Councilwoman Harrison, seconded by Councilman Conley
that the Town Board will hold a special meeting on Thursday,
February 24, 1994 at 7:00 p.m. in order to conduct a public hearing
to consider a local law amending Local Law No. 3, 1991, a "LOCAL
LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY
PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OR AGE OR OLDER".
Councilwoman Harrison asked v;here did the particular figures come
from?
Attorney Barney said the State law authorizes the Town and school
districts to increase the limits to those shov/n on the schedule.
You could make it zero, but this would be the maximum.
Councilwoman Harrison asked what the implications would be?
Mrs. Noteboom said she had researched the amount and it would cost
the Town a very small amount. V7e only have a very few people v/ho
are eligible. Mrs. Noteboom said she will get the exact numbers
for the public hearing.
Motion called and carried unanimously.
Agenda Item No. 20 - Procedures Weather Related Time Off:
Supervisor Whitcomb stated the Personnel Committee has recommended
a procedure the Town will follow regarding inclement weather and
the Town Hall is closed.
Motion made by Councilman Niklas, seconded by Councilwoman Grigorov
approving the attached Weather Related Time Off Procedures Section
for inclusion in the Personnel Manual.
Councilman Klein said that he felt the procedures v/ere well thought
out.
Ms. Punger commented at Supervisor Whitcomb's request some v/ording
was changed from "essential employees and non-essential employees"
were taken out of the final document and changed to "employees
required to work and employees not required to work".
Councilwoman Valentino noted that was done because every employee
is essential.
Supervisor Whitcomb said it would be determined by the Department
Head which employees v;ould be required to V7ork. Basicly this
relates to the Highway Department.
TB Minutes - 2/7/94
Page 14.
Motion carried unanimously.
Agenda Item No. 21 - Procedures To Officially Close Town Hall;
Motion made by Councilman Niklas that the Tov/n Board approves
giving the Tov/n Supervisor the final discretionary decision for
closing Tov/n offices during inclement weather or other unusual
incident. (1) This decision will be made based on information
provided by the Highway Superintendent, Sheriff's Department,
Tompkins County, and/or other sources of the Supervisor's choice.
(2) the Town Clerk will immediately notify Department Heads and
broadcast the closing on three local radio stations. (3) Other
employees will be notified either by the appropriate Department
Head or the Town Clerk's staff, whichever proves practical at the
time.
Seconded by Councilwoman Valentino, carried unanimously.
Agenda Item No. 22 - Amendment to Rules and Regulations of the
SCLIV/C - Late Payments Water and Sewer Billings;
Supervisor Whitcomb said this issue has been discussed in previous
meetings. We have discussed what the implications are concerning
finances. The Tov;n Engineer and Assistant Budget Officer do not
feel there would be a significant impact and that it would extend
the time period before the late penalty starts by 10 days.
Motion made by Councilwoman Valentino, seconded by Councilman
Conley that the Tov/n Board requests the SCLIWC and the member
municipalities of the Commission amend the rules and regulations to
extend the period during which a water bill may be paid without
penalty from 20 to 30 days, and a copy be forwarded to the SCLIWC,
and the Supervisor, Tov/n Clerk, and other Town officers be
authorized to take actions appropriate to effectuate this. Motion
carried unanimously.
Agenda Item No. 27 - Dov/nstream Forest Home Bridge Design Status;
Supervisor Whitcomb said James Kazda, Tompkins County Engineering
wished to address the Board. Supervisor Whitcomb told Mr. Kazda
the Tov/n Board v/as confused as to v;hy the request was made to
address the Board since earlier discussions with the Town Board
indicated an agreement that the Town Engineer, Town Highway
Superintendent, and members of the Forest Home Improvement
^ Association would be part of a committee reviewing the bridge
designs. The it is understood the Tov/n has not received those
designs to date.
Mr. Kazda said the County started v/hen the State in 1992 did some
special inspections of the bridge and identified it as a potential
catastrophe. Through an analysis done by the County in 1992 it v/as
TB Minutes - 2/7/94
Page 15.
determined the best interests of the community were to replace the
bridge. Those discussions with information brought to the Town
Board, the County decided it was necessary to replace the structure
and while doing so perform restorations on specific historic
components of the structure. In 1992 the Town Board passed a
resolution instructing the County to proceed with a one lane
bridge. County staff is recommending to the County Public Works
Committee to proceed with a one lane bridge.
County staff has also been working with the Forest Home Improvement
Association in developing criteria for design and then construct
the new one lane bridge. The County Board, and the Public Works
Committee adopted a resolution that County staff is to construct a
one lane bridge in the Forest Home Community. Staff was also
instructed to design historic restoration of the existing trusses
as an alternate to the project.
In December 1993, a group was convened v/hich included the Town
Engineer, the Forest Home Improvement Association, the County
Engineer, and County staff to develop recommendations concerning
design. Because of delays in the process there is a very tight
schedule in completing this project. It V7as thought to be in the
best interest of everyone to bring it to the Town Board nov; in
order not to delay the project later on. Liz Cameron will discuss
the schedule for the project which will show the necessity of
giving a presentation of the options now. County staff will be
v/orking with Mr. Walker and other Town staff deemed necessary to
make this project acceptable to everyone. There will be a group
meeting this week that v;ill include the Forest Home representatives
to hear their comments. The schematic designs are presently only
options. County staff does not have any final recommendation to
bring to this Board. County staff is asking the Town to hear and
understand the options which are now being evaluated, then the Town
Board can direct Tovm staff to proceed in anyway the Town Board
wishes. The final approval to proceed with schematic design and
design development v/ill occur at the County Public Works Committee
next Wednesday. County staff expects to have a recommendation at
that time.
County staff v/ill make a recommendation based on the options
presented by Ms. Cameron this evening. Those options or revisions
of those options will go to the Public Works Committee as County
staff recommendations.
/ The Town can send a representative to that meeting to express any
^ views the Town has. The Forest Home representatives are also
invited to attend to express their favorite options. Direction to
County staff will then be needed from the Public Works Committee in
order to proceed.
/
TB Minutes - 2/7/94
Page 16.
Supervisor Whitcomb asked Mr. Kazda if a public information meeting
has been scheduled for this Thursday?
Mrs. Kazda said there are two meetings, one is a working session
with the technical staff, and one is for the community group to
bring out issues. County staff thought having a meeting on
Thursday presented enough time for the community group to get
involved in the process.
Councilman Niklas asked what the basis was for the sense of urgency
which resulted in the County not giving this information to Town
staff and to the Forest Home Neighborhood Association before this
meeting?
Councilman Niklas understood the County had promised Tov/n staff and
representatives from Forest Home to see these options before the
County came before the Tov/n Board. V/hy is there such a hurry so
that vi/as not done?
\
Mr. Kazda said the Town Board only meets once a month. County
staff received the preliminary documentation a v/eek ago. It v/as
refined so the engineers present the options on Monday.
Councilman Niklas said that this could be discussed a month from
now. Why does it have to be done nov;?
Mr. Kazda said a month from nov/ the County v;ill have made a
decision and will be proceeding.
Councilman Niklas asked on V7hat basis, v/here is the input from the
Town?
Mr. Kazda said the input from the Town occurs now, this is the
process. County staff is presenting the options, this is not a
very difficult project it has been talked about for over two years.
Councilman Niklas thought it v;ould have been more efficient for the
Town to discuss the options with the County at a formal public
meeting like this a few days ago.
Mr. Walker said the Town does have some very sketchy schematic
cross sections of three configurations. There were no cost
estimates, that was one of the major issues regarding the
approaches. Ms. Cameron on Friday tried to give as much
information as possible, but it was thought the County did not have
all the information from their consultants yet.
Mr. Kazda said County staff has been asked to come and have the
Town and community groups participate at every level. At this
level there is very little information. There are a few sketches
done by the engineers, and a preliminary cost estimate giving an
TB Minutes - 2/7/94
Page 17.
idea the amount submitted for ISTEA funding is fairly accurate.
That is all County staff has. County staff is trying to mold this
project along with everyone. County stall is not going to have
final details as a result of any decision made next Wednesday. The
County will be getting basic direction on how the design is then
going to be completed. There are two more hold points along the
line of design for input. County staff is talking about major
directional issues. It is very timely for County staff to come
here, it would have been much more convenient for County staff if
this meeting had been scheduled for next week. It happened that
everything fell into place for this week. Mr. Kazda said that if
this is inconvenient, he was sorry, and he would take it back.
Councilman Niklas said the issue is not one of inconvenience, it is
one of lines of communication and efficiency.
Councilwoman Harrison asked what is the Town Board's roll in making
recommendations, and decisions? What is our commitment on funding
the project? How do we relate to the County Board in this regard?
Councilman Conley asked if this is part of the County
transportation system, is it the State system, who is responsible
for the bridge?
Mr. Walker explained the road is a town roadway, the bridge falls
under the County's responsibility for structures. The County has
accepted responsibility for all bridges over a specific span within
the Town.
Mr. Kazda said that has not been argued out yet, but for
discussions purposes the County staff will agree.
Mr. Walker said every other bridge of this span in the County ov/ned
by a Town has been accepted by the County. There was past history
approximately twenty years ago, when the bridge wasn't rebuilt to
specifications that has made it "cloudy".
The Town staff assumption, (Highway Superintendent, Town Engineer,
Supervisor) has for the last two years been that the County has a
responsibility. The process of bridge inspections and reports
going to the County has been consistent v/ith that assumption.
The driving surface including the approaches and the walkway is the
Town's responsibility because it is a Town road. The Town funding
f ^ requiring approval would be for the structure of the bridge that is
the driving surface, the v^alkv/ays, and road reconstruction of the
approaches. The Town's current budget is $30,000 for this work.
Councilwoman Harrison asked what is the Town's ability to influence
or have any jurisdiction over the decisions that are made regarding
this issue? What she thought she understood from Mr. Kazda was.
TB Minutes - 2/7/94
Page 18.
"if the Town Board doesn't want to deal with this tonight, that's
fine, but the County Public Works Committee will decide v/ithout
you", is that right?
Attorney Barney said there is an effort throughout the community to
have cooperation with other governmental agencies. Can the County
do the design and ignore any input from the Town? It has not been
researched legally yet, but probably they could. V/ould it be wise
for them to do it? The County comes to the Town to cooperate with
many other projects and the County has asked the Town Board's input
as to the decision. It is not know if the County will be guided by
that input.
Councilman Conley said the Town Board as elected officials would
like to have interaction with Town residents. That is going to be
very difficult if the Board is going to give direction to the
County v/hen they have not heard from the Town residents. The only
thing the Town Board can do this evening is listen to the County
staff and learn the results of the public information meeting
tomorrow evening.
Councilman Niklas said the two issues are venue and the time frame.
Is this the right venue for this, the opportunity for input from
the Town Board is very limited in terms of time and precise
information being available. Input from staff and elected
officials should be presented in a venue where the community can
receive this information before the Town Board discusses it.
Neither the Town Board or the community has had that opportunity.
Mr. Kazda apologized, saying that timing v/as the issue.
Councilwoman Harrison asked v/hat would be lost if this issue were
deferred to the County Public Works Committee for another month?
Mr. Kazda said the City School buses will not be able to cross the
bridge for September. The school district has to be able to use
that bridge.
Councilman Conley asked if there was a cut off date for another
meeting after some of the other issues have been addressed?
Councilman Niklas asked what is the next step for the County Public
VJorks Committee after the presentation next week?
/ Mr. Kazda said County staff made a recommendation in 1992 to build
a two lane historically sensitive structure. The County Public
Works Committee passed a resolution saying the County would
construct a new one lane bridge with an alternate for a historic
restored truss. The County Public V/orks Committee acts on
information County staff and the Town provides, as well as the
community groups. They are influenced by all parties.
TB Minutes - 2/7/94
Page 19.
Mr. Kazda said County staff looks at flexibility in design, they
are providing direction in order to modify the needs of the Town
and the community. Major decisions regarding materials like
concrete or steel have not been made yet.
Councilman Conley recommended Town staff and Town Board members
attend the County Public Works Committee meeting next Wednesday.
Councilman Niklas asked if the community would have an opportunity
to make comment then?
Mr. Kazda said the community will have an opportunity to make
comment on Thursday. Mr. VJinch, Chairman Public Works Committee
will advise County staff us on how much and what kind of public
presentation will be allowed during the Public Works Committee
meeting. There is a format for how community input should be
presented.
Councilv7oman Grigorov asked if the sketches sent to Mr. Walker were
also sent to the Forest Home Improvement Association?
Mr. Kazda said the Forest Home Improvement Association received
them today.
Councilman Klein was concerned the whole process seems reversed and
there is not enough time to receive the concerns of the Forest Home
residents to formally respond to the County. The County will
listen in a segregated way to the community and Town Board. The
Town Board will not be meeting again before next Wednesday to
provide the advice the County v/ants unless a special meeting is
held.
Mr. Kazda said the County staff is here to make a presentation so
the Town Board is informed of v^hat v/ill be shov/n to the community.
It v/as County staff's understanding from the Town Board resolution
passed in 1992 the Tov/n Board wanted the County to work V7ith the
community group. The Town Board is saying they want the County to
work with Tov/n staff. County staff will work with those people.
If the Town Board doesn't like the way County staff reports to them
then the Town Board has an opportunity to inform the County Board
to make sure the organization results in team work. The County
staff is going to work with everyone. County staff has v/orked v/ith
everyone in the past. County staff has been open and honest, if
there has been some problems with communications in the past, that
is the way communication usually is.
\
Mr. Walker said if the Tov/n Board has concerns about the public
involvement, he feels the public has received more information than
the Town staff.
TB Minutes - 2/7/94
Page 20.
Supervisor Whitcomb said he did not feel the Town Board is in a
position to make any recommendation to the staff tonight. The best
that can be done is to hear the presentation. Thursday the public
will be involved in the discussion, at that point the Tov/n Board
can v;ork with the Town Engineer to make sure the town's comments
get to the County Board on a timely basis. It has been duly noted
that the Town Board does not appreciate being rushed into making
these kinds of decisions.
Representative Winch said it is important to go through the
schedule so the Tov/n Board can see hov; tight it is. Representative
Winch felt there has been an opportunity for input, if it hasn't
been enough maybe staff hasn't been informed. It is premature in
saying the County can hold up this project v/hen the Town Board only
meets once a month. Construction time from June 1 to September 1,
will be lost if decisions are not make. No one wants that bridge
out while school is in session. The project could be easily moved
to 1995 if the schedule is not adhered to.
Councilwoman Harrison felt this happens very often v/ith
transportation especially with the State DOT. Councilwoman
Harrison did not know the County did not get the plans from the
consultants until a few days ago. She said that was not the Town's
problem, the County has worked on this for two years. The Town
Board understands there is a time frame problem, but v/hy does the
crunch always come to those who are trying to make a decision with
public input.
Liz Cameron, Project Manager presented the schematic design options
to the Board.
The contract for design process v;as awarded in November. The
design process started in December for the bridge and the County
recently received the schematic design options from the
consultants. A schematic design looks at ways the bridge will be
supported and whether the existing abutments can be used.
Ms. Cameron explained the various options to the Board using a
handout, (see attached).
There are two ways to support the bridge with either steel girders
or a concrete support system under the deck. The first page shows
a five girder system to support the one lane bridge with two
girders under the sidewalk as a separate support. Page 2, is also
a steel girder design. The main objective of this design is the
amount of steel and depth of the girders.
Supervisor Whitcomb asked v;hat the width of the existing bridge is?
Tb Minutes - 2/7/94
Page 21.
Ms. Cameron said sixteen feet eight inches, this was designed to be
exactly the same width as the existing deck.
Councilwoman Harrison asked if the existing deck included the
v/alkway?
Ms. Cameron, the sixteen feet eight inches Is the driving surface.
The consultants looked at using the three or five steel girder
system to see if the depth of the girders could be decreased. That
was not possible. The three girders would probably be the more
equitable v/ay to construct. The main concern is the girder system
under the roadway. The sidewalk is supported separately.
Counci1woman Harrison asked if a three system girder is sufficient
to support a roadv/ay, why v/ould you need a two girder system to
support a walkway?
Ms. Cameron said it was for stability, if you had one girder fail
there would be a back up system. The current walkway is supported
by the girders under the vehicular portion of the bridge.
Councilwoman Harrison asked if that system v/ere in the designs, and
why not if it isn't?
Ms. Cameron said it v/ould put a lot of load on the bridge, it was
what was done to open the sidewalk but it is not a design option.
Mr. Kazda said County staff is looking at new construction and
improving it. Some of the things that cause trouble with
competitive load is out of claim bending. VJhen you cantilever
something off of a beam you create stresses in the V7eb. That can
be dealt with through design but is not one of the options
presently. County staff can look at cantilevering the sidewalk off
of the main steel.
Supporting the sidewalk separately was looked at. The Town is
participating in financing the sidewalk. Separating the structure
of the roadv/ay from the structure of the sidewalk has some
advantages. All of these designs are preliminary.
Ms. Cameron said the roadway girders in all options are placed at
the edges and the middle. It is difficult to carry a cantilever
load. County staff did have to decrease the load rating on the
bridge during the sidewalk repair last summer to make sure the
speed limit of 15 mph was conducive to the load rating as high asf
i
i t i s.
Councilman Klein asked if bearing the truss below the road surface
causes additional maintenance problems on the truss?
Tb Minutes - 2/7/94
Page 22.
Ms. Cameron said that is a concern, one of the intents was to makef the inte nts wa s to
the truss bel OV7 the d
the truss is at theCouncilman Klein asked if the bottom of the truss is at the same
level as the bottom of the beams?
Ms. Cameron, the truss is lower.
Councilman Niklas said his understanding is the County staff will
make a recommendation to the Public Works Committee, at this point
you have an indication of v/hich of the four option.s you prefer?
All of these will be equally considered?
Ms. Cameron said the only one that will not be used is the five
girder steel bridge because of the cost. On Page 3, the concrete
box beam system has an outside portion of concrete with the inside
foam or hollow to be used in place of the steel girders to support
the deck. The truss is even v/ith the concrete box beams.
These designs are v/hat the design engineers presented, and what Mr.
Walker and the Forest Home Community had a chance to look at before
this meeting. The County asked the design engineers to evaluate an
option with trusses on top of the deck which v/as one of the things
which came out of the work group meeting in December v/ith Mr.
Walker and the community representatives. It has advantages from
a maintenance standpoint and allows visibility of more of the
truss. There needs to be an alternative that is not connected to
the truss, this one does allow flexibility.
The abutment design (foundation) is being evaluated. The existing
abutments were looked at to see if they could be used. It was
found to be infeasible to do that because they are in very poor
condition. The Consultants looked at leaving the existing
abutments where they are and installing another abutment. This
would be away from the v/ater.
Councilman Niklas asked if any of these design options were capable
of being reconfigured to a tv/o lane bridge?
Ms. Cameron said she felt that depended on v/ho provided the answer,
it is not the intent at all. That has not been decided at this
point, it is not knov/n v/hat the abutments would support. The
abutments would probably be twenty four feet v/ide on one of the
options. Technically that could support a two lane bridge. It is
/ not known if that is economically feasible.
>
Councilman Niklas said that it looks as if Option 4 could be
converted to a two lane bridge.
TB Minutes - 2/7/94
Page 23.
/ N
Mr. Kazda said they
expensive than others
is going to construct
all could be, some of them would be more
to change to a two lane bridge. The County
a bridge that will be there for fifty years.
Using the design sketches the options could easily be converted to
a two lane bridge without a walkv/ay. That is not what is being
talked about, the directions right now are to provide a one lane
bridge with a walkway.
Supervisor Whitcomb said from these drawings he has a difficult
time telling which would be the least expensive way of meeting the
traffic demand, and which one most closely resembles the exi.sting
structure.
Councilman Conley asked if the truss were only ornamental?
Ms. Cameron said it was.
Mr. Kazda said it only supports the guiderail on the sidev^alk, it
doesn't carry the load. There is a mechanism through which the
loads of the sidewalk are transferred through the truss to the
beam. The truss through all of the designs is decorative.
Councilman Conley asked if this was something that was decided to
put on all the options by the Town Board?
Ms. Cameron said, yes.
Councilman Klein asked if the existing sidev/alk is lower than the
road surface presently?
Ms. Cameron said yes, it is due to the repairs around 1972.
Supervisor V7hitcomb asked hov7 the sidewalk was originally?
Ms. Cameron said the sidewalk and the roadway v^ere the same level
originally, then they had to raise the driving surface when the
repairs were made.
Supervisor V7hitcomb asked v/hich design plan most closely resembles
the original historic structure?
Mr. Kazda said the County has been in contact with Historic Ithaca
and they were present at the December 14, 1993 meeting of the
Public Works Department. Historic Ithaca instructed the County on
the historic significance and how to address that issue.
The sub-structure is not important as to historic preservation.
Historic Ithaca has given County staff direction on the location of
the truss, or whether the sidev;alk is inside or outside the truss.
TB Minutes - 2/7/94
Page 24.
All options are being looked at and any one of the three closely
resembles v/hat is there now. What v/as there at the turn of the
century didn't look like what is there now.
Originally the truss was on the top of the deck and even with the
bottom of the girders. The bottom core of the truss was not seen,
but you saw more of it than in the other options.
Supervisor Whitcomb asked which design conforms most closely to the
recommendation of Historic Ithaca?
Mr. Kazda said Historic Ithaca has not seen them yet.
Supervisor VJhitcomb, which design has the least cost?
Ms. Cameron said the costs are all roughly the same.
Mr. Kazda said the idea was to lower the profile of the steel which
allows showing more of the truss. The Forest Home Improvement
' ' Association wanted to see more truss. County staff said they would
add more girders in order to reduce the depth of the girders, but
it didn't work because of the way the loads were distributed.
Nothing v;as gained by using five girders basis three.
Ms. Cameron said with a comparison of the box girder versus the
steel the costs were essentially identical.
Councilwoman Valentino asked v/hy cost wise, and use wise v/ould the
walkway part be designed to carry the same load as vehicles?
V7ouldn't it be cost effective if the v/alkv/ay were designed for
walkway load instead of car load?
Ms. Cameron said it is designed for walkv/ay load and not car load.
Councilwoman Valentino said it could also support vehicles because
it is the same steel
Mr. Kazda explained Tov/n staff said they would like to plow the
walkv/ay with the vehicles used to clean sidev/alks instead of by
hand. County staff then increased the v/idth of the sidev^alk.
Councilwoman Valentino asked v/hat vehicles would be used for that?
^^ Mr. Walker said a large garden tractor with a loader and snow plov7
blade.
Councilwoman Valentino said with that kind of tractor you would not
need the same load as a roadv/ay.
TB Minutes - 2/7/94
Page 25.
Mr. Walker said when this kind of a span is considered you may be
able to use a smaller beam for load, but for stability a larger
beam is needed.
Councilwoman Harrison said there is some skepticism about the
permanent commitment to a one lane bridge in the sense that the
construction being proposed would in fact allow conversion to a two
lane bridge. There was a surprising statement in the requests for
design proposals that said, "a potential future expansion to tv/o
lanes during the life of the bridge be considered". That seems to
be a surprising statement this since the directions from the Tov/n
Board and the County Board was that it be a one lane bridge. This
is unfortunate because it sounded like an exemplary public
participation process was underway. People feel as if they have
not been dealt with honestly.
Representative Winch, County Public Works Chairman said there is no
question in his mind that it v;ill be a one lane bridge. The
abutment was designed to carry a two lane bridge. The abutments
^ potentially last longer than the bridge. County staff's original
recommendation included a two lane bridge.
Mr. Winch said he does not support a one lane bridge, but after
hearing the community input and bringing it before the Public Works
Committee the vote v;as for a one lane bridge. Mr. V^inch said he
supports fully in the future the feasibility to make it a two lane
bridge. Sometime ago the Public Works Committee voted to put in a
one lane bridge after public input. Mr. Winch was willing to
support Staff's recommendation to put in a tv70 lane bridge. After
discussion it was voted to put in a one lane bridge. The life
expectancy of abutments far exceeds that of the wear surface and
the actual bridge. It is the Public Works Committee recommendation
to be prepared someday for a two lane bridge to go there but not in
our lifetimes. Putting in an abutment for a one lane bridge is
about 80% of the cost of putting in an abutment for a two lane
bridge. It seemed to be the feasible thing to do, to be prepared
for the future. In order to reverse that decision it v;ould have to
be reversed at the Committee level and then go to the Town Board.
Ms. Cameron added that v;hen the County staff reviewed the
resolution from the Public Works Committee it v/as very clear it v/as
a one lane deck, the foundation v;as not explicitly addressed and it
was thought that was something to v/ork out in future discussions.
/^\ At that time County staff thought they could use the existing
abutments and v/ere not sure what could be done to support a two
^ lane bridge. Nov/ nev/ abutments have to be used to support the
sixteen foot roadway and the four to six feet sidewalk. This will
be tv;enty four feet, not as wide as for a two lane bridge. The
abutments will be what is necessary to support the options seen
here.
TB Minutes - 2/7/91
Page 26.
Councilman Klein said that he has not seen the criteria as
developed by the work group in December. Hov/ do any of these
design options address the design options of that group?
Ms. Cameron said the main thing decided at that meeting was what to
do with the truss in terms of being above or below the deck. The
schematic design involves decisions of a technical nature, most of
the community's concern are about aesthetics and historical
preservation.
Councilman Klein asked, how about the issue of the deck itself, the
steel grating versus something solid?
Ms. Cameron said the original bridge was a concrete deck. The
community is in support of a concrete deck on the new bridge.
Councilman Niklas asked how many of the dates on the schedule
permit an opportunity for the Tov/n and the public to have a
significant say in the decision making process? (See attached
' ^ schedule.)
Ms. Cameron said she put the schedule together as soon as she had
gotten the information from the design engineers. County staff set
up the meetings thought to be needed with scheduling of the others
based on the on the time frame.
Ms. Cameron said it is not intended to go back to the public and
have a public meeting, the public's concerns can be met through
whatever the Town Board V70uld like the County to do and through the
work group meetings during the whole process.
Councilman Niklas asked who the v/ork group is?
Ms. Cameron said the work group is the Town Engineer, Highway
Superintendent, representatives of the Forest Home Improvement
Association, the County Traffic Committee Chair, and Historic
Ithaca.
Councilman Niklas asked if this v/ere the v/ork group who
anticipated seeing the drawings before County staff came to the
Town Board? This committee v/ill meet February 8, March 15, and
April 12 and it is assumed that the Tov/n and public representatives
still have an opportunity to influence the designs and
A implementations?
^ Ms. Cameron said County staff v;ill be getting direction on the
schematic design and the options to be pursued. The point of the
work group is to get input from the other members.
TB Mdnutfis - 2/7/94
Page 27.
The schedule v/.lll be discussed in the work group tomorrow in order
to come up v/ith something everyone is happy with.
Councilwoman Harrison said it may be beneficial to have the meeting
of the work group before the next Town Board meeting, because the
Town Board is feeling uncomfortable that the work group has not met
before the Town Board.
Ms. Cameron said it was a tight construction schedule and the
engineers may not be able to get the drawings and information by
March 7, they have committed to March 11. There is no way to
resolve it when the Town Board meets once a month.
Councilman Klein said the Town could hold a Special meeting, he
hates to see it backv/ards again next month.
Supervisor Whitcomb said the Town can see how the schedule develops
and make the decision to hold a special meeting of the Tov/n Board
or the Town Public Works Committee.
Councilwoman Harrison said in the resolution the Town Board passed
in 1992 it asked for "additional information be provided by the
County concerning technical feasibility of reconstruction or
replacement", and wished to know if the feasibility of
reconstruction was ever brought back to this Town Board?
Mrs. Noteboom stated it was discussed in subsequent meetings of the
Town Board.
Councilman Niklas asked at the County Public V/orks Committee
meeting scheduled for February 16, if there will be an opportunity
for the Tov/n Engineer or the public to speak before there is a
resolution.
Representative Vfinch said he permits organized public input for a
very brief period of time. Mr. Winch said he does not like having
people get up and say the same thing. If several people can
organize their thoughts they are allowed privilege of the floor.
There is a lot to do in a short amount of time at the meetings.
Councilman Niklas made the suggestion there be a v/ork group meeting
on February which would afford the Town Engineer and Highway
Superintendent the opportunity to interact V7ith the Forest Home
( \ Association and the County staff. Members of this Board could
attend the public information meeting on February 10, to get
^ further information.
Councilman Niklas .strongly recommended the Town Supervisor instruct
Mr. V/alker and Mr. Noteboom to let the County Public Works
Committee knov; what the Tov;n Board's opinions are concerning these
options. That will be an opportunity for the Town to communicate
TB Minutes - 2/7/94
Page 28.
directly and officially with the County. The Town is stuck with
this schedule and should look for opportunities for the Town Board
to make intelligent comments based on the information that will
become available before February 16th, which the Tov/n Board does
not clearly have now. Between February 10 and February 16 the Town
Board should meet and draft a resolution for our representatives to
present at the County Public V/orks Committee.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino that the Town Board hold a Special Tov/n Board meeting on
February 11, at 5:00 p.m. in order to consider the schematic design
for the Downstream Forest Home Bridge. Carried unanimously.
Supervisor Whitcomb said he promised the Forest Home Improvement
Association that a spokesman could address the Board at this time.
Brent Stephens, President expressed his thanks to the Town Board
and the County Board for considering Forest Home's concerns about
the bridge. Mr. Stephens also thanked Liz Cameron and James Kazda
^ for including them in the discussions. The Forest Home Association
will reserve any further comment until the meeting tomorrow. It
appears there is a good spirit of cooperation.
Agenda Item No. 23 - Benefit Assessment Refunds:
Motion made by Councilman Klein, seconded by Councilman Niklas
authorizing a refund of 2.53 units of water benefit charge in the
amount of $202.40 be paid to Raymond Sheldrake, 806 Elmira Road.
Carried unanimously.
Motion made by Councilman Niklas, seconded by Councilman Klein
authorizing a refund of one unit of sewer benefit charge in the
amount of $78.00 be paid to Fred Pritt, 1632 Slaterville Road.
Councilwoman Harrison asked that these refunds be explained.
Mr. Walker said that the Tovm of Ithaca has a townwide water and
sewer benefit district. The properties which are served v/ith sev/er
and water are charged a benefit charge based on the number of units
in service. That is a front footage charge for a standard of each
100 feet. The areas that are not served by water and sewer
directly still have a benefit charge of "pennies per thousand". As
in any administrative and taxing authority sometimes a minor error
is made in determining the units. These refunds are rectifying the
^ errors.
The refund for the Sheldrake's is because they are not charged as
the land is in an agricultural district. .State lav7 regulates that.
The Pritt's are due a refund because they were listed on the units,
but his property is not located v/ithin the sewer district.
TB Minutes - 2/7/94
Page 29.
Motion carried unanimously.
Councilwoman Harrison asked if there were a property which entered
into a conservation restriction on their land that said they were
voluntarily putting a deed restriction on the land and we will not
develop this property. Do we have the power and ability to forgive
them their sewer and water assessments?
Supervisor Whitcomb said the Tov/n Board has the power, they do not
have the ability.
Mr. Walker said they do have the power and ability we do not have
a written policy or procedure.
Supervisor Whitcomb said that is on Mr. Walker's work agenda for
1994.
Mr. Walker said it will be discussed at the next Public Works
Committee meeting. The benefit assessment formula does allow that
upon the written request of the property owner. That could be
extended to conservation easement land, but it may be challenged in
court. If the conservation easement has an opportunity of being
dropped it may not preclude the use of that.
Attorney Barney said it would have to be researched and developed
very carefully. Attorney Barney said he would be worried about the
enforcement.
Supervisor Whitcomb said there V7ould be many issues which would
have to be addressed.
Councilwoman Harrison requested that if the Town Board gives
exemptions from water and sewer because the land cannot be
developed then make it conditional on some kind of conservation
restriction. If a property owner says it cannot be developed, put
that in v/riting on their deed.
Mr. Walker said reviev;ing the benefit assessment formula is on his
work priority regarding regulation and guidelines for instances
such as this.
Mrs. Noteboom explained the reason a refund has to be made is that
Real Property Tax Lav; does not allov; to accept any amount other
than on the printed bill. Even though we knew when the bills were
I sent there v/as a mistake, v/e still had to collect the total amount
and issue a refund.
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TB Minutes - 2/7/94
Page 30.
Agenda Item No. 24 - Benefit Assessment Refund. Taylor/Wilkinson;
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino ratifying the refund payment of 10.9 units of water
benefit charge in the amount of $872.00 to Martha Taylor and Gwen
Wilkinson, 250 Troy Road. Carried unanimously.
Agenda Item No. 25 - Calkins Road V/ater Petition;
Supervisor Whitcomb said at the last meeting the Town Board
reviewed a petition for water on Calkins Road and they asked Mr.
Walker to respond to that petition at this meeting.
Mr. Walker said all the houses are above the existing service area
and they cannot be served with the pressure on the current Inlet
Valley line. It would require installation of a pumping station
and a storage tank to provide enough pressure. It would cost
approximately $500,000 to do.
Councilman Niklas asked if it were the Town's position that after
receiving a petition and reviewing cost calculations that every
petition be put into the Capital Improvement Priority List? Maybe
it would be at the bottom of the list, but it would be registered.
Mr. Walker said that we v/ould keep track of all requests and as
capital planning is done it v;ould be reviev/ed.
Mrs. Noteboom said she recalled that in a late meeting of 1993 the
Board decided that they would go to the bottom of the list.
Councilwoman Harrison asked hov; this fit into the Town's
Comprehensive Plan which says we are not eager to provide v/ater and
sewer?
Councilman Niklas said a request has to be registered, if it is put
on the bottom of the list
Councilwoman Harrison interjected that she did not agree, it sounds
as if you want to do it if it is on the list.
Councilman Niklas said the priority list is the v/aiting list.
Councilv/oman Harrison, it shouldn't he on the v;aiting list if the
Town doesn't want to do it.
Councilman Niklas, I have never taken a waiting list as a
commitment to do something.
Councilwoman Harrison said it says Capital Improvement Plan, that
is what a plan is. It says if the Town had a gift of a great deal
of money we would do it.
TB Minutes - 2/7/94
Page 31.
Councilman Niklas said the Town Board has a commitment to evaluate
any requests for water, by putting it at the bottom of the list we
are saying it is not given high priority.
Supervisor Whitcomb recalled item three priorities would not
receive water and sewer in the foreseeable future.
Councilwoman Harri.son said she would like to see when a request
come in to compare it v/ith the Comprehensive Plan and how it fits
in, it seems when you look at this location and the land use map
this is an area v/hich was said to be rural residential. Water and
sewer should not be extended there.
Councilman Niklas asked why does rural residential mean you do not
get v/ater?
Councilwoman Harrison, that is v/hat it says in the Comprehensive
Plan. It is very important that this be considered. I agree the
petition needs to be registered and to respond to people. To think
about it and tell them why we don't think it is something we will
be doing. Putting it on a priority plan is not a neutral
statement. If someone appeared V7ith a bundle of money and you
could do everything on your plan you would do it. V/e are saying in
the Comprehensive Planning process there are parts of Town that
should not receive water and sev;er for very good reasons.
Supervisor Whitcomb said we cannot afford to put it there at this
time.
Councilwoman Harrison said that is not the only reason.
Attorney Barney said the only thing that troubles him is that you
sometimes have pockets where people have wells and the wells have
problems. Health considerations must be addressed. Even though
the Comprehensive Planning objective is to maintain that rural
residential in response to a real need yon may v/ish to do it.
Councilwoman Harrison said she also felt they should look at need
relative to plan. I do not like the presumption that a petition
means it ends up on our plan.
CounciIman Niklas said that he i.s opposed to the Town denying water
if the Town has the financial means to provide it, that is one of
the functions of a municipality.
Supervisor V7hitcomb said he will draft a letter to residents of
Calkins Road explaining we have reviewed their petition and are not
in the position to extend water to them at this time. Mr. VJalker
will help to draft the letter.
\
TB Minutes - 2/7/94
Page 32.
Agenda Item No. 26 - Town^s Position Route 13 South Improvements!
Councilwoman Harrison said this was discussed at the Public Works
Committee meeting. They compared them to the Town Board's
resolution, it was found that the current DOT proposals do not
address the concerns of Town, particularly the intersection issues.
It appears that what DOT is planning will make the conditions of
those intersections worse. A concern about the piece meal sections
is not a useful v/ay to plan. Advise from knowledgeable people
suggested the best v;ay to have our concerns addressed is to get
their attention by working v/ith our State legislators.
Motion made by Councilv;oman Harrison approving the resolution she
prepared (see attached). Seconded by Councilman Klein.
Councilman Niklas felt the resolution vzas great, and asked if it
v/ould be advisable that we say the Town Board finds the current DOT
plans are deficient, and made that amendment to the resolution.
The Town Board complimented Councilwoman Harrison on her
resolution.
Amendment approved, and motion carried unanimously.
Agenda Item No. 28 - Maintenance of Obstructions in Tov;n Right of
Wav;
Mr. Noteboom explained the drafted policy explains what the Town
would be responsible for and what the property owner would be
responsible for, (see attached).
There are also helpful hints as to how to accomplish a clear space
so the plow trucks v/ill not hit things. If people follov/ that then
if the trucks hit them when they are outside of the clear zone the
Town will repair them. V/e prefer the sv/ing arm mailboxes. The
Highv/ay Department does not try and hit mailboxes, etcetera. A lot
of times they are not even hit, the quantity of snow pushes them
over. Sometimes they are in very poor condition. It is always a
tough call as each individual feels they have a case, it has to be
handled delicately. Mr. Noteboom said he felt that the majority of
the people who have damage do not call.
Councilman Niklas suggested that the policy be revised because in
r ^ the beginning obstructions are discussed but further down it only
^ talks about maill^oxes. We may v;ant to extend the Town's
responsibility, or lack thereof to include plantings and fencing
that are in the Town right-of-v/ay.
Mr. Noteboom said that he and Mr. VJalker talked about having the
road specifications, especially for nev7 subdivisions address this.
There are a lot of existing structures which are a problem.
TB Minutes - 2/7/94
Page 33.
Attorney Barney suggested that a sentence be added saying any other
obstructions in the Town right-of-way are at the landowner's risk
and the Tov/n shall have no obligation to repair or replace any
obstruction in the right-of-way damaged by the Tov^n.
Motion made by Counci Iv/oman Valentino, seconded by Councilman
Niklas on the recommendation of the Public V/orks Committee adopts
the policy to continue safe maintenance of the Tov/ns roads and
rights-of-way.
Mr. Frost said that his office frequently gets requests in terms of
how far back someone can set a fence and so forth. They are told
out of the Town right-of-way. Sometimes that far back from the
side of the property looks absurd, we tell them if it is put in the
right-of-way you are responsible for it.
Mr. Walker said that technically, any work done in the Towns right-
of-way requires a permit from the Town Highway Superintendent to do
^ that work. Generally it has only been water and sewer laterals, or
a driveway culvert. One thing that is being done is sketches to
show the clear zone. We v;ill identify that area. Sixteen feet
from the center of the road is fair game with the snow plow because
that is v/hat we clear.
Mr. V/alker said that v/ith a mailbox the post has to be out of the
way. The Post Office requires the face of the mailbox be at the
edge of the shoulder. The Town is saying we need a clear zone 44
inches above the edge of the shoulder so the plov; doesn't hit them.
Councilman Klein recalled that it was discussed on some of the
roads because the Tov/n ditches are so close to the pavement that
they may not be able to meet the requirement of 16 feet.
Mr. Noteboom asked hov; would each road be addressed then, without
listing each road?
Councilman Klein asked that this policy be outlined in the Pall
newsletter.
Motion carried unanimously.
Supervisor VJhitcomb stated we have a request from Mr. Ward of Seven
Mile Drive saying that the Town hit his mailbox while plowing
asking for payment of the bill for another mailbox.
\
Supervisor Whitcomb referred the payment of the bill to the
discretion of the Highway Superintendent.
TB Minutes - 2/1/3^
Page 34.
Acfenda Item No. 29 - Specifications and Bid for Roadside Mower;
Motion made by Councilman Niklas that on the recommendation of the
Public Vforks Committee the specifications for the new tractor/mower
be approved and authorizing the advertisement to receive bids for
the new tractor/mower.
Mr. Noteboom said the tractor/mower would be used for roadsides,
and it will cost approyimately $40,000. Tt v/as budgeted for in
1994 .
Attorney Barney asked if all manufacturers will qualify for the
specifications.
Mr. Noteboom said that all manufacturers v;ill qualify.
Counc i1woman Harrison asked if the specifications come from a
particular manufacturer?
Mr. Noteboom responded that they come from a dealer, most dealers
will provide specifications, but the specifications are generic.
Attorney Barney said he wants to make sure other dealer can qualify
so that we do not run the risk of having the bids tossed out.
Mr. Noteboom said a group went through the specifications and took
them for review to other salesmen.
Attorney Barney said that satisfied his questions.
Motion seconded by Councilman Conley, carried unanimously.
Agenda Item No. 30 - Future Term of Office. Tov/n Supervisor;
Councilman Niklas explained that Shirley Raffensperger in her
farev/ell address to the Tov/n suggested that the tv;o year term of
office was insufficient to get things done properly and recommended
it be extended to four years.
The term of office for Town Board Members is four years, and that
is a reasonable length of time for Supervisor.
Attorney Barney said there are tv/o v;ays of changing the term. Tov/n
Law authorizes the change subject to a mandatory referendum. If
that is used the referendum must occur at the biennial town
election, and then there is a division of authority as to v/hether
you have someone running for Supervisor at that election and if
that Supervisor v/ould get the benefit of that extension of term if
it xi/ere voted in favor of. The Attorney General ruled one way, and
the State Comptroller ruled another v/ay. It is questionable.
TB Minutes - 2/7/94
Page 35.
Another way under Municipal Home Rule Law, Section 10, 1, 2a, 1
authorizes a Local Law to be adopted by a Tov/n modifying a term of
office. This is also subject to a referendum v/hich would generally
be held at the next general State wide or local election. It has
to be at least sixty days after the Local Law is enacted. If
someone wants to petition it to have a special ejection they can,
and the special election v/ould have to be held within forty days of
the petition.
If the Town Board wishes, we can draft a Local Law and have it done
before the general election this fall.
Councilv^oman Harrison said that this year would be a good year, but
there may be a lot of people who v/ill not v/ish to vote during a
gubernatorial election.
Councilman Niklas said that whoever is elected v/ill benefit, no
matter what party.
Councilwoman Harrison said she is concerned people will think that
the elected officials should be elected every two years so that the
public feels they are responsive to there wishes.
Councilman Conley said that it is a fact that propositions in a
State wide election are more apt to be defeated than any other
election. Everyone always feels propositions on a State election
year v/ill cost money and they are a gimmick.
Councilman Conley felt that Public Officials especially the Mayor
and Supervisor should face the public every two years, except in
Ithaca it is different and changes very fast. I would have to
rethink that issue.
Attorney Barney said that if the consensus of Town Board is against
it, there is no reason to draft the Local Law.
The consensus of the Tov/n Board was they would be interested in
seeing the term of office for Town Supervisor to four years.
The Board asked this be put as an agenda item to set the public
hearing to consider this at the March meeting.
Agenda Item No. 1 - Additional; Conservation Board Appointment;
Motion made by Councilman Niklas, seconded by Councilman Klein
appointing John Meigs, 235 Culver Road as a member of the
Conservation Board for a term of office from February 7, 1994 to
December 31, 1995. All members voted aye with the exception of
Councilman Conley v/ho voted nay. Motion carried.
TB Minutes - 2/7/94
Page 36.
Agenda Item No. 2 •- Additional; scliw Pre-Pavments 1994r
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino authorizing the SCLTV7C Treasurer make payments between
Town Board meetings as referenced on the attached resolution, as
long as they arelisted jn the next monthly abstract. Carried
unanimously.
Agenda Item No. 31 - executive Session;
Motion made by Councilwoman Valentino to move into Executive
Session to discuss litigation and property acquisition. Seconded
by Councilman Niklas. Carried unanimously.
The Town Board moved into Executive Session at 8:22 p.m. Motion
made by Councilman Niklas, seconded by Councilwoman Valentino to
move back into regular session at 8:29 p.m. Carried unanimously.
No action was taken as a result of the Executive Session.
Adjournment:
As there was no further business to come before the Town Board,
Councjlwoman Valentino made a motion to adjourn. Seconded by
Councilman Niklas. Carried unanimously.
The meeting was adjourned by the Supervisor at 8:30 p.m.
Respectfully submitted,
Joan Lent Noteboom
Town Clerk
***Special Town Board Meeting
Dov/nstream Forest Home Bridge.
February 11, 1994 - 5:00 p.m
***Special Town Board Meeting, February 24, 1994 - 7:00 p.m
Public Hearing Local Law Aged Exemptions.
***Regular Tov/n Board Meeting, March 7, 1994 - 5:30 p.m.
rv.
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Town Board Meeting 2/7/94
Agenda Items 8A - 8J
Consent Agenda Items
Resolution No. 33
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby
approves and/or adopts the Consent Agenda Item 8A - 8J resolutions as
presented.
MOVED: Councilman Klein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Carried Unanimously
Qyt-rtj •:V-Mr
Joan Lent Noteboom, Town Clerk
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Town Board Meeting 2/7/94
Agenda Item No. 8a
Town Board Minutes - 1/13/94
Resolution No. 33a
WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes
for the regular meeting held January 13, 1994 to the Town Board for their
review and approval; and
WHEREAS, the lown Board has reviewed and approved said minutes as
written; now therefore be It
RES01..VED, the Town Board does hereby approve and adopt said minutes
as the official minutes of the Town Board for the regular meeting held
January 13, 1994.
MOVED: Councilman Klein
Carried Unanimously
SECONDED: Councilman Nlklas
DATED: February 7, 1994
KJir
Joan Lent Noteboom, Town Clerk
'-N
Town Board Meeting 2/7/94
Agenda Item No. 8b
Town of Ithaca Warrants
Resolution No. 33b
WHEREAS, the abstracts with the following numbered listing of vouchers
have been presented to the Town Board for approval of payment; and
WHEREAS, said abstracts have been audited for payment by the Town
Board; now therefore be It
RESOLVED, that the Town Board does hereby authorize the payment of
said vouchers as numbered and listed on the abstracts.
General Townwlde Vouchers:No.40 - 88 $74,904.03
General Outside Village Vouchers:No.16 - 42 28,006.62
Highway Vouchers:No.14 - 28 29,985.56
Water & Sewer Vouchers:No.17 - 38 15,175.60
Lighting District Vouchers:No.1-3 1,080.49
Capital Project Vouchers:No.3-6 790.24
MOVED; Councilman Klein
SECONDED: Councilman Nlklas
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 8c
Bolton Point Warrants
Resolution No. 33c
WHEREAS, the abstracts with the following numbered listing of vouchers
for Bolton Point have been presented to the Town Board for approval of
payment; and
WHEREAS, said abstract has been audited for payment by the Town
Board; now therefore be it
RESOLVED, that the Town Board hereby authorizes the payment of said
vouchers as numbered and listed on the abstract.
Operating Fund Voucherst No. 67 - 141 $130,076.67
MOVED; Councilman Klein
Carried Unanimously
SECONDED: Councilman Niklas
DATED: February 7, 1994
—
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 8d
Records Management Disposition Listing
Resolution No. 33d
WHEREAS, the Town of Ithaca has completed the inventory phase of the
Records Management Program as outlined by the State Archives and Records
Administration (SARA); and
WHEREAS, the Records Management Officer has determined that the
attached listing of outdated and duplicate copies of records are eligible for
disposition according to the Records Retention and Disposition Schedule MU-1;
and
WHEREAS, the Supervisor, Town Clerk, and Department Heads shall review
and approve disposition of said records before disposition; now therefore be it
RESOLVED, the Town Board does hereby authorize and direct the Records
Management Officer to dispose of the records as described in the attached
listing according to the procedure developed by SARA.
MOVED; Councilman Oein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
)>Outdated Records Disposition ListingFebruary 1, 1994Records Disposed of February 8, 1994INVENTORYWORKSHEET NO.RECORDDESCRIPTIONLocation; Central Office - Building and ZoningDepartment AreaZoning Board of Appeals - Meeting Tapes139 Tapes to be Destroyed32 Tapes to be Erased and ReusedRECORD DISPOSITION TOTALDATE DATE QUANTITY1/28/87 5/87Through Through5/12/93 9/93CF0-BF14-18Zoning Board of Appeals - Copies of MeetingFolders7/76-7/91Immediately1 01 It.4 Qi it.
disposition List 2/3/94
The following is a list of duplicate copies removed from the development
2/2/94 files located in the Central Office area. Copies disposed of
LOCATION DRAWER
Central Office
CFO-4 4-A
4-B
4-C
4-D
Central Office
CFO-5 5-A
5-B
5-C
5-D
Central Office
CFO-6 6-A
6-B
6-C
6-D
DESCRIPTION
Development Case Files
A - Briarwood
Development Case Files
Briarwood - Cayuga Lake Estates
Development Case Files
Cayuga Vista - Chase Pond
Development Case Files
CI - coy
Development Case Files
Danby - Eastwood Commons
Development Case Files
EcoVillage - Hungerford Heights
Development Case Files
I
Development Case Files
J
Development Case Files
K - L
Development Case Files
M - PI
Development Case Files
PO - Southwoods
Development Case Files
South Yard - z
CU. FT
1/4
1/4
1/4
1/4
1/4
1/4
1/4
1/4
1/2
1/2
1/2
1/2
TOTAL CUBIC FEET 4
Town Board Meeting 2/7/94
Agenda Item No. 8e
Repealing Sunset Provision of Chapter 78, Laws of 1989
Establishment Local Government Records Management Improvement Fund
Resolution No. 33e
WHERHaS. the appropriate management of local government records
hrough their creation, use, maintenance and disposition is essential to
efficient and effective government; and
records document the responsibilities and
Stizensi Ind governments and protect the property and rights of
WHEREAS, the Locai Government Records Management Improvement Fund
oTNe'rYorfs^t" governmentsthrough grants for records management and through
establishment of a program of regionally-based technical assistance
Archives and Records Administration ofthe New York State Education Department; and
hac Government Records Management Improvement Fund
three grants totalling
' $10,728.00. frequent and readily accessible consultation by the Improvement
Offlce'r "and°Vh®'' Administration Regional Advisory
1 Improvement Fund-sustained training available through
Scfs^'attenlT?, and information management-relatedsubjects attended by lown of Ithaca employees; and
the grants have supported successful projects to inventory
records, dispose of obsolete records, plan and develop programs for the
systematic management of inactive records and the administration and
protection of archival records; and
consultation, workshops and other services to theTown of Ithaca supported by the Fund have contributed significantly to the
'thosT availability and accessibility ofhose records to its officials and citizens, and to economical and responsive
administration saving taxpayer's dollars: and responsive
" much more to be accomplished here in the Town ofIthaca and in the other local governments of New York State where needs will
continue in the future with the growth in the volume of records, LeTs
change, and information technologies present new challenges; and
Agenda Item 8e - 2/7/94
Resolution No. 33e
Page 2.
WHEREAS, grants and technical advice are essential in assisting all the
local governments of New York State in developing records management
programs adequate to the demands of governments and citizens, and demand
for those grants and services remains critical; and
WHEREAS, these needs are served and programs sustained without the
use of state tax revenues through modest surcharges on fees for records filed
and recorded by county clerks and the Register of the City of New York
which sustain the Improvement Fund; and
WHEI^EAS, the Local Government Records Management Improvement Fund
was created with a sunset date of December 31, 1995; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca fully supports the
perpetuation of the Local Government Records Management Improvement Fund
through the elimination of its sunset provision and supports its continued
administration by the New York State Archives and Records Administration of
the New York State Education Department with oversight by the Local
Government Records Advisory Council; and be it further
RESOLVED, that the Town Clerk of the Town of Ithaca hereby is
authorized and directed to forward copies of this resolution to its state
legislators, the leadership of the state legislature, and to the Governor of New
York State.
MOVED; Councilman Klein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Carried Unanimously
Jr
Joan Lent Noteboom, Town Clerk
/ >
Town Board Meeting 2/7/94
Agenda Item No. 8f
Ratification of SARA Grant Application
Resolution No. 33f
WHEREAS, the Town of Ithaca had the opportunity to apply for funding
through the New York State Local Government Records Management
Improvement Fund, (LGRMIF); and
WHEREAS, the application is for funding of an Archival Records Program
which will be a continuation of the Records Management Program begun in
1991; and
WHEREAS, the deadline for consideration of applications for this SARA
Grant was February 1, 1994; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca supports the
application for LGRMIF funding for an Archival Records Program for the Town-
and be it further *
RESOLVED, that the Town Board of the Town of Ithaca does hereby ratify
the submission of the application for such funding in the amount of $5620.00.
MOVED: Councilman Klein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 8g
Brush and Leaf Pick. Up
Resolution No. 33g
WHEREAS, the Highway and Parks Departments provide yard refuse
disposal services for Town of Ithaca residents; and
WHEREAS, twice annually the Highway and Parks Departments will collect
brush and leaves from the roadside; now therefore be it
RESOLVED, that April 18. 1994 through April 29. 1994 will be the dates
when the Highway Department will pick up brush and bagged leaves for
residents in the Town of Ithaca.
MOVED: Councilman Klein
SECONDED: Councilman Niklas Carried Unanimously
DATED: February 7. 1994
Joan Lent Noteboom. Town Clerk
/ A
Town Board Meeting 2/7/94
Agenda Item No. 8h
Rental of Equipment for Work at the Highway Department
Resolution No. 33h
WHEREAS, the Town of Ithaca Highway Department will be commencing
road work in the spring and will need to rent equipment to compete this
work; and
WHEREAS, the Highway Department will need to rent a sweeper to clear
roads and catch basins of debris; now therefore be it
RESOLVED, that the Highway Department shall rent a sweeper at an
amount of $2,575 per week for three weeks. The DB5110.451 account will be
charged.
MOVED: Councilman Klein
Carried Unanimously
SECONDED: Councilman Niklas
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
f \
Town Board Meeting 2/7/94
Agenda Item No. 81
Attendance at Cross Connection Control Course
Resolution No. 33i
Sincebaugh is an Engineering Technician on the TownEngineer s staff with water system maintenance responsibilities, and knowledge
of testing and maintenance procedures for backflow prevention devices is
beneficial to the performance of his position; and
WHEREAS. The Plumbers and Pipefitters Local 112 Training Center is
sponsoring a course for the certification of Backflow Prevention Device Testersin Binghamton, New York on March 7-10, 1994. The registration fee for tre
course is $530.00 which includes course materials; and
WHEREAS, this training is consistent with the training plan being
developed^ for Wayne Sincebaugh. and funds for training have been included
b" it Engineering Department Budget account A1440.410. now therefore
RESOLVED, the Town Board hereby authorizes Wayne Sincebaugh to
attend t^he course for the certification of Backflow Prevention Device Testers
^otal cost not to exceed^ .00 for registration and travel expense. Funds are to be taken from
account A1449.410. Engineer - Contractual/Conferences/Schools.
MOVED: Councilman Klein
<jcnnMr»t:r^ ^ Carried UnanimouslySECONDED: Councilman Niklas
DATED: February 7. 1994
waj diJ: -71,
Joan Lent Noteboom. Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 8j
Building Inspector/Zoning Enforcement Officer Conference Attendance
Resolution No. 33j
WHEREAS, Andrew Frost. Building Inspector/Zoning Enforcement Officer
has requested that he attend a four-day conference entitled Finger Lakes
Building Officials 1994 Educational Conference at the Marriott Thruway Hotel,
Rochester, New York from April 18 to April 21, 1994 at a cost of $451.00; and
WHEREAS, attendance at this seminar will be beneficial in the performance
of Mr. Frost's duties as Building Inspector/Zoning Enforcement Officer; now
therefore be it
RESOLVED, that the lown of Ithaca Town Board hereby approves the
attendance of Andrew Frost at said seminar at a cost of $451.00, to be paid
from Account No. 08010.403, Building/Zoning Department.
MOVED: Councilman Klein
Carried Unanimously
SECONDED: Councilman Niklas
DATED: February 7, 1994
Joan Lent Noteboom^ Town Clerk
>
Town Board Meeting 2/7/94
Agenda Item No. 8k.
1994 Designation of Polling Places
Resolution No. 33k.
WHEREAS, in conformity with Town Law it is necessary that the Town of
Ithaca designate the names and addresses of Polling Places for voting within
the Town of Ithaca; and
WHEREAS, the Town of Ithaca Town Board wishes to be in compliance with
the Election Law; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca does hereby
designate the following list by Districts of Polling Places, as the official
Designated Polling Places for the year 1994; and be it further
RESOLVED, said Designated Polling Places are all in compliance with the
Election Law and are accessible to the handicapped.
District #1 West Hill Fire Station, 1242 Trumansburg Road
District #2 Machinist Local 1607, 638 Elmira Road
District #3 South Hill Fire Station, 965 Danby Road
District #4 Ellis Hollow Elderly Housing, 108 Ellis Hollow Rd.
^ District #5 Hasbrouck Apts. Community Center, Warren Road
District #6 Northeast School, Winthrop Drive
District #7 Cayuga Heights School, Corner E. Upland & Hanshaw Rd.
District #8 Boynton Middle School, 1601 N. Cayuga St.
District #9 B.O.C.E.S., 555 Warren Road
District #10 National Cash Register, 950 Danby Road
District #11 Ellis Hollow Elderly Housing, 108 Ellis Hollow Rd.
MOVED: Councilman Klein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Carried Unanimously
\
Town Board Meeting 2/7/94
Agenda Item No. 9
Appointment Finance Committee
Resolution No. 34
BE IT RESOLVED, the Town Board of the Town of Ithaca hereby approves
the Town Supervisor's appointments of Councilwoman Valentino, and Councilman
Conley to the Town of Ithaca Finance Committee for the year 1994.
MOVED: Councilman Niklas
SECONDED: Councilman Klein
DATED: February 7, 1994
> JL4' 'TlyXJjc
Joan Lent Noteboom, Town Clerk
Carried Unanimously
\
Town Board Meeting 2/7/94
Agenda Item No. 11
Arrangements for Town Legal Counsel
Resolution No. 35
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby
agrees to confirm the arrangements discussed for the appointment of the
Attorney for the Town, for the year 1994 as per the attached letter of
understanding as presented by John C. Barney, Esquire of the firm Barney,
Grossman, Roth & Dubow.
MOVED: Supervisor Whitcomb
SECONDED: Councilman Niklas
DATED: February 7, 1994
Lent Noteboom, Town Clerk
Carried Unanimously
f \
\
jhn C. Barney
Peter G. Grossman
Nelson E. Roth
David A. dubow
Randall b. Marcus
; c 'J
BARNEY, GROSSMAN. ROTH 8c DUBOW
ATTORNEYS AT LAW
31 S NORTH TIOGA STREET
P.O. BOX 6556
ITHACA. NEW YORK 14851-6556
Hugh c. Kent
Mary k. Fleck
(607) 273-6841
January 10, 1994
Honorable John Whitcomb
Supervisor
Town of Ithaca
126 East Seneca Street
Ithaca, New York 14850
Re: Arrangements for Town Legal Counsel
^ ^
' I fi?■/j l i
•JAN I 1 1994
.1 •
» -v- -V r: —i{ I O'lfUrJ Ch'-J I'.'t ~ iU/ 5 i H/I
Facsimile
(607) 272-8806
(NOT FOR SERVICE OF PAPERS)
Dear John:
This letter is to confirm the arrangements discussed for the appointment of the
undersigned, and by implication, my firm, as Attorney for the Town. Our understanding is as
follows:
1. I agree to serve as Attorney for the Town for the year 1994 and such additional
periods as the Town Board may wish, subject to termination at any time as set forth below.
2. Services would be on an "as needed" basis and as requested or directed by the Town
from time to time. Until otherwise directed, the services would include attendance at meetings
of the Town Board, Town Planning Board, Town Zoning Board of Appeals, Town Codes and
Ordinances Committee and Town Staff; advising Town governing bodies and individuals
including the Town Supervisor, Planning Board Chair, Zoning Board Chair, and Codes and
Ordinances Chair on legal matters; advising Town staff on legal matters; review of legal
documents; preparation of requested local laws, agreements, resolutions, and other legal materials;
representing the Town in litigated matters (when feasible, authorization for such representation
will usually be sought from the Town Board before appearing for the Town, although
occasionally emergency representation may occur after consultation with the Town Supervisor);
assisting Town bodies and staff in connection with legal matters relating to development
proposals, environmental matters, etc.; responding when appropriate to legal issues or questions
posed by Town residents in relation to matters pending before a Town agency; and providing
such other duties as general counsel to the Town as may be requested or directed.
3. Where appropriate, matters might be delegated to other lawyers in my office when the
expertise, economies, or time constraints make such delegation desirable from the Town's
perspective.
4. Generally, the fees for the services would be calculated on an hourly basis.
^ N Occasionally, when we determine that perhaps more time was spent on a matter than might seem
> appropriate for the result obtained, the fee may be reduced. On rare occasions, and after
consultation with the Town, when the time spent is not truly reflective of the value of the
benefits obtained by the Town, we might request an upward adjustment for that particular matter.
5. For 1994, the hourly rate will be $120 for partners and $100 for associates. This
represents approximately 15% off of our normal hourly rates (for existing non-municipal clients
our basic rates are $145 per hour for partners and $115 per hour for associates-new non-
municipal clients may be charged higher rates). If the Town chose to continue us for ensuing
years, it would be our intention to bill at a similar 15% discount from normal hourly rates as then
in effect.
6. The arrangements outlined in this letter may be ended at any time by either party for
any reason, or for no reason at all. One of the essential elements of a successful client-attorney
relationship is mutual comfort with each other. If that does not exist, the Town should not have
to wait until the end of a year to seek other counsel. Obviously, if a change were being
contemplated by either of us, we would hope that whoever is deciding to end the relationship
would provide as much lead time as possible to the other so appropriate adjustments and
transitions might occur, but lengthy advance notice is not a required precondition to severing the
relationship. In the event of such severance, we would cooperate fully in transferring files and
information to the counsel chosen by the Town and would, of course, expect to receive the
^ agreed compensation up through the completion of the transition.
If the arrangements stated above are consistent with the Town's understanding, perhaps
it would be wise to execute duplicate copies of this letter for our respective files. A space for
such action is provided below. If the arrangements do not represent your understanding, please
let me know what is incorrect, and I will try and re-draft this letter so that it meets with your
approval.
We appreciate very much the opportunity to work with you and to serve the interests of
the Town.
Very truly yours,
I C
The foregoing arrangements are acceptable.
Dated: /
John Whitcomb, Town Supervisor
Town Board Meeting 2/7/94
Agenda Item No. 12
Quarterly Investment Report. 10/1/93 - 12/31/93
Resolution No. 36
WHEREAS, the Assistant Budget Officer has presented the Quarterly
Investment Report for the months 10/1/93 through 12/31/93 to the Town Board
for their review; now therefore be It
RESOLVED, that the Town Board of the Town of Ithaca hereby approves
and adopts the Quarterly Investment Report as the official Quarterly
Investment Report for 10/1/93 through 12/31/93.
MOVED: Councilman Nlklas
Carried Unanimously
SECONDED: Councllwoman Valentino
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
TOWN OF ITHACA
INVESTMENT REPORT
FOR THE QUARTER 10/01/93 - 12/31/93
REPURCHASE AGREEMENTS
DATE
ACQUIRED
09/13/93
11/12/93
AMOUNT
1,000,000.00
800 , 000 . 00
RATE OF
INTEREST
2 . 85%
2.90%
MATURITY
DATE
11/12/93
01/11/9^
INTEREST
n EARNED
^,684.93
SAVINGS
MONTH
Oc tobe r
November
Decembe r
END OF MONTH
BALANCE
1 , 570,9 20 . ^9
2,009,019. 9/J
1,888,759.68
RATE OF
INTEREST
2.75%
2.75%
2.75%
INTEREST
EARNED
3,876.92
^ ^ 'I 9 . 'I
7 0 7 . 3 9
INTEREST CHECKING
MONTH
October
Novembe r
Decembe r
END OF MONTH
BALANCE
157,345.63
68 , 433.00
502,588.12
RATE OF
INTEREST
2 . 25%
2.25%
2.25%
INTEREST
EARNED
4 7 7 . 0 0
2 2 9 . 73
568.22
Town Board Meeting 2/7/94
Agenda Item No. 13
1993 Annual Investment Report
Resolution No. 37
WHEREAS, the Assistant Budget Officer has presented the, 1993 Annual
Investment Report to the Town Board for their review; and
WHEREAS, the Town Board has discussed and reviewed the said report;
now therefore be It
RESOLVED, that the Town Board of the Town of Ithaca does hereby
approve and adopt the 1993 Annual Investment Report as presented as the
official 1993 Annual Investment Report to be filed for the Town of Ithaca.
MOVED: Councilman Nlklas
Carried Unanimously
SECONDED: Councllwoman Valentino
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Aae^Jlti ^ 13
ANNUAL INVESTMENT REPORT
TOWN OF ITHACA
for the fiscal year ending 12/31/93
This annual investment report for the fiscal year ending 12/31/93
is being submitted to the Town of Ithaca Town Board as specified in
the Town Investment Policy adopted 05/11/87, and revised 05/07/90.
Proposed changes to the investment policy: None.
Investment income for 1993 from:
Repurchase Agreement 46,267.12
Savings 71,130.47
Interest Checking 4,831.23
Grand Total 1993 Interest 122,228.82
A listing of investments and collateral at year-end are included in
the independent auditor's report to be distributed to the Board
^ under separate cover.
Prepared by:
Sally E. Alario
Assistant Budget Officer
02/07/94
Town Board Meeting 2/7/94
Agenda Item No. 14
1993 Year-end Budget Amendments
Resolution No. 38
WHEREAS, there were certain line items that are now over extended in
the 1993 Budget; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca hereby approves and
adopts the attached budget amendments.
MOVED: Councilman Niklas
SECONDED: Councilman Klein
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Carried Unanimously
1993 BUDGET AMENDMENTS - GENERAL TOWNWIDE I-UNOINCREASEA1320.^00 INDEPENDENT AUDITORS 1,290.78A13^0.100 BUDGET P.S 99.81A1410.100 TOWN CLERK P.S. 272.10Al«^30.100 PERSONNEL P.S. 30.56A1620.100 BUILDINGS P.S. 50.15A1620.^10 BLDGS ELECTRIC 30.00A5010.100 HWY GARAGE P.S. 318.10AbOlO.400 HWY. GARAGE P.S. 508.78A9060.800 MEDICAL INS 8,556.98TOTAL 11,157.26A 7 3 2 0 .'t 0 ^DECREASECOMMUNITY SERV11,157.26c
1993 BUDGET AMENDMENTS - GENERAL PARTTOWN FUNDBSOlO.fl50B9030 . 800TOTALINCREASEZONING C.E.SOCIAL SECURITY288.72292.36681.08DECREASE690^0.800 . WORKER'S COMP681.08CCc7w.
1993 BUDGei AMENDMENTS - HIGHWAY FUNDDB5110.100DB5130.100DB5130 . ^60DB5142.1000851^2.^52DB9060.800TOTALINCREASEGEN REPAIRS P.S.MACHINERY P.S.MACHINERY C.E.SNOW REMOVAL P.SSNOW REMOVAL C.EHEALTH INS9 ,558 . 69776.6918,146.027 , 391-93800.004,578.0841 ,251 . 41DB5110.451DB5140 . 100DB9040.800OB9010.8000B5120 . 200TOTALDECREASEGEN R E P A IRS C.EBRUSH/WEEDS P.SWORKER'S COMPST. RETIREMENTMACHINERY EQUIP9,558.697 ,500.0013,000.002 ,000 . 009,192.7241,251.41ccc
1993 BUDGET AMENDMENTSUATER AND SEWER FUNDSF9710 . 610F9/lO.710r 0 T A LINCREASEBP DEBT PRINBP DEBT INT255,174.3075 , 901 .42331,075.72F8340 . 480F8350 .4 72TOTALDECREASECAPITAL IMPCOMMON WTR SUPPLY51,075.72280,000.00331,075.72G9030.800SOCIAL SECURITY75 . 00G9010.800ST RETIREMENT75.00CCc
i1993 BUDGET AMENDMENTS - LIGHTING DISTRICTS FUNDINCREASE INCREASEproperty TAX 2,620.01 SL5182.^ WEST HAVEN RD 2, 620 .01#■A-
/ N
Town Board Meeting 2/7/94
Agenda Item No. 15
Raise Limit on Fixed Assets
Resolution No. 39
WHEREAS, currently there is a $100.00 minimum value for a piece of
equipment to be included in the fixed assets inventory; and
WHEREAS, this minimum value has been in effect for over ten years and
has become outdated; and
WHEREAS, NYS Department of Budget and Finance recommends a minimum
value of $500.00 before recording equipment as a fixed asset; now therefore be
it
RESOLVED, the Town Board of the Town of Ithaca does hereby authorize
and approve a $500.00 minimum value for the recording of fixed assets.
MOVED; Councilman Conley
SECONDED: Councilman Niklas
^ \
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
/ N
/*\
Town Board Meeting 2/7/94
Agenda Item No. 16
Increase Minimum Amount Requiring Supervisor's Approval
Resolution No. 40
WHEREAS, currently the Town Supervisor signs all purchase requisitions
for $1,000.00 and over; and
WHEREAS, due to the increased purchasing and inflation factors this
amount is no longer significant; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve
and authorize the amendment to the Purchase Order Policy to increase to
$3,000.00 the amount requiring the Supervisor's signature.
MOVED; Councilman Niklas
SECONDED: Councilman Conley
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Carried Unanimously
/ N
/ \
Town Board Meeting 2/7/94
Agenda Item No. 17
Tax Refund to Orlando lacovelll
Resolution No. 41
WHEREAS, Orlando lacovelll donated land on Coddlngton Road to the Town
of Ithaca for parks; and
WHEREAS, at the April 20, 1993 meeting of the Town Board It was agreed
to reimburse Mr. lacovelll for a portion of his taxes on the parcels donated;
now therefore be It
RESOLVED, that the Town Board of the Town of Ithaca does hereby ratify
the payment to Orlando lacovelll of one half of his 1994 town and county,
taxes...$180.15; and one half of his 1993-4 school taxes...$295.08 for parcels
53-1-23.8, 53-1-23.9, 53-1-23.10, 53-1-23.11, 53-1-23.12, 53-1-23.15, 53-1-23.16.
MOVED; Councilman Nlklas
SECONDED: Councllwoman Valentino
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
/ \
Town Board Meeting 2/7/94
Agenda Item No. 18
Association of Towns 1.994 Resolutions
Resolution No. 42
BE IT RESOLVED, that the Town Board of the Town of Ithaca provisionally
approves the Association of Towns 1994 Resolutions, but hereby instructs the
Town's Delegate, Carolyn Grigorov and Alternate Delegate, Catherine Valentino
to exercise discretion in voting based upon any information that may be
provided during the floor discussions of the resolutions at the Association of
Towns Annual meeting February 20 - 23, 1994.
MOVED: Councilman Niklas
SECONDED: Councilman Conley Carried Unanimously
DATED: February 7, 1994
Q^<Ljr ■TlJrL.^
Joan Lent Noteboom, Town Clerk
^ \
ASSOCIAT ION OF TOWNS
STATE STREET, ALBANY, NEW YORK 12207 • (518) 465-7933
1994 Resolutions As Reported By the
Resolutions Committee of the Association of Towns
RFTIREMENT SYSTFM - Now that PUC (Projected Unit Credit) has been rejected in the
Courts, the Association of Towns calls upon the Governor and Legislature to return the
New York State and Local Employees' Retirement System to its members in a fashion
which permits a smooth transformation back to the stable, predictable aggregate valuation
method. Local governments must be credited for the local aid reductions which
were imposed when PUC was first implemented. Since town budgets have already
been adopted for 1994 and the corresponding tax levy fixed, any transition should begin
with town fiscal year 1995.
WICKS REFORM - In this era of shrinking revenues and attendant cost cutting, local
governments must be permitted to operate more efficiently. The Legislature and
Governor must act to reform the 60-year old burden of the WICKS Law. With the
continued growth in town populations necessitating additional capital building and
infrastructure projects, the WICKS mandate wastes millions annually.
The five-year commitment not to seek repeal of WICKS which was agreed to during
negotiations on the New York City School Construction Authority legislation was honored
and has now expired. It is now time to ACT.
HEALTH CARE COSTS - Unfunded mandates always mean increased taxes at the local
level. Any comprehensive Federal health care reform proposal must include a cap on
maximum public employer contributions, at least to the same extent as has been
proposed for private sector employers in the administration's initial health plan submission
to Congress.
IMPACT FEES - The Association of Towns again calls upon the Legislature and Governor
to approve enabling legislation which would give local governments the option to impose
and collect an impact fee on new development which adversely impacts the capital
infrastructure and service provision capacity of local government.
election worker vSOCIAl SFCl JRITY WAGES - The Association urges the Congress
and President to repeal provisions of the Omnibus Budget and Reconciliation Act of 1990
that required, for the first time, that social security payments be deducted from all wages
of $100.00 or more for election workers. New York State's towns employ thousands of
poll clerks and election inspectors on each election day and their compensation is
generally $100 to $125 dollars for the day. This deductibility requirement results in added
contribution requirements and excessive administrative costs. It also discourages many
retirees from serving during elections because of fear of losing pension or other benefits -
at a time when the pool of willing election workers is shrinking.
GOVERNMENT I.EASFHOI DS - The Association of Town.'^ rnntini ipc to ci ininrvrf
that required for the first time that cnr-iai ^ 9®' Reconciliation Act of 1990
poll clerks and election inspectors on each ®^'yP'®^'^°"sands of
generallyS100toSl25dollarsforthoHai/ tk- ^nd their compensation iscontribution requirements and pyrpcch a d®ductibility requirement results in addedretirees from se^TrS^ " ^1®° discourages manyat a time when the pool of willing election worters1s°stIhnking^®""°" '
owned property to real praTrtv State-purposes. This would pS Serd';evenTes 1^^^^ "
wherein certain holders of lease Interpctc pnir,v/ = correcting the inequitylandlords are tax exempfgovernme^ ' ' ' because their
Ligillaturrto^'SLre'^tS sTSbnIn fi m^nr" . o' Towns urges the
funding cut from the State Budaet in thp 'T building code enforcement
prevention and building code enforcement wp</a ^ years. Eliminating funding for fire
HFAl TH IN.SIJRANOE POOLING - The Association urges the adoption of legislation to
clarify and ratify the authority of municipalities to form cooperative health insurance pools
free from the burden of unnecessary regulations and reporting requirements which could
adversely affect the viability and efficiency of existing pooled initiatives as well as others
that may follow.
W0RKFR5) OOMPFNiSATION - The State of New York is facing a crisis in workers'
compensation. The need for legislative reform is clear and immediate. The double digit
premium increases coming year after year have taken their toll on the budgets of all local
governrnent employers. The Association supports initiatives which would, among others:
1) permit the use of managed care within the workers' compensation system; 2) repeal
the Dole v. Dow standard which permits 3rd party lawsuits against employers in New York
State; 3) coordinate compensation coverage together with unemployment, disability and
other insurance benefits in a rational way which provides fair and adequate compensation
for employees while avoiding the creation of artificial incentives for able workers not to
return to the work force; and 4) eliminate the discriminatory 13% surcharge workers'
compensation insurance carriers (other than Blue Cross/Blue Shield) are charged for in-
hospital care.
SAFE DRINKING WATFR REGULATIONS - Current Federal Safe Drinking Water Act
(SDWA) requirements have placed an unacceptable level of regulation on local water
systems, 90% of which serve relatively small numbers of people. While the Association
has no quarrel with the goal of guaranteeing that everyone in America has access to
water which is safe to drink, the methods and timetables currently imposed are unduly
burdensome and, quite often, impossible to meet. We support proposed SDWA reforms
which would: 1) establish Federal funding for State revolving loan programs; 2) provide
a variance procedure to allow small systems to utilize less expensive technologies than
currently required; and 3) add more flexible time frames to allow significantly longer
periods before compliance is required.
INTFRMl JNIOIPAI. COOPFRATION - The Association urges the Legislature and Governor
to approve legislation which would facilitate intermunicipal cooperation by providing a
program of meaningful financial incentives designed to encourage intermunicipal
cooperation while preserving the current flexibility enjoyed by local government to
cooperate pursuant to terms they find mutually agreeable.
LOOAl .GOVFRNMFNT RFOORDS MANAGFf\^ENT FUNDING - The Association of Towns
fully supports the perpetuation of the Local Government Records Management
Improvement Fund through the elimination of its sunset provision, and supports both its
continued administration by New York State Archives and Records Administration (SARA)
of the New York State Education Department and the oversight of that Fund by the Local
Government Records Advisory Council.
/
Town Board Meeting 2/7/94
Agenda Item No. 19
Special Town Board Meeting/Public Hearing Date
Local Law Tax Exemption - Aged
Resolution No. 43
WHEREAS, the deadline for legislative action by the Town of Ithaca Town
Board regarding increases in the partial tax exemption for real property-
owned by persons with limited incomes who are 65 years of age or older is
February 28. 1994; and
WHEREAS, the Town Board of the Town of Ithaca wishes to consider
legislative action on this said issue; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca shall hold a
Special Meeting of the Town Board on Thursday, February 24, 1994 at 7:00
p.m. in order to hold a Public Hearing at the aforesaid time to consider a local
law amending Local Law No. 3, 1991, a "LOCAL LAW INCREASING THE PARTIAL
TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED
INCOMES WHO ARE 65 YEARS OF AGE OR OLDER".
MOVED: Councilwoman Harrison
Carried Unanimously
SECONDED: Councilman Conley
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 20
Weather Related Time Off
Resolution No. 44
WHEREAS, there has been confusion regarding the proper use of leave
time during bad weather and Town Office closings; and
WHEREAS, in fairness to those employees required to work during storms
and in keeping with local trends of similar employees working for other public
agencies, it is suggested that comp-time off be granted to storm crews; and
WHEREAS, the Personnel Committee has reviewed and recommends the
attached leave and comp-time procedures; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve
the attached Weather Related Time Off Procedures Section for inclusion in the
Personnel Manual.
MOVED: Councilman Niklas
SECONDED: Councilwoman Grigorov
' DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Carried Unanimously
r
AGENDA ITEM# 20
WEATHER RELATED TIME-OFF PROCEDURES
TOWN OFFICES OFFICIALLY CLOSED
Occasionally during inclement weather, the Town Supervisor will
close all Town offices. Staff not required to work will be
dismissed from their duties and paid in full. Leave time will not
be used. Employees already on leave will be credited for the
amount of hours the offices are closed, excluding the half-hour
lunch time, if applicable.
Hourly-rate staff required to stay at work after the Town offices
are officially closed will receive, over and above regular pay,
comp-time equal to the number of hours the office is closed, less
the half-hour lunch time, if applicable. This time off will be
chosen at the discretion of the appropriate department head
within one month of the date the offices closed.
DISCRETIONARY TIME-OFF
During inclement weather when Town offices remain open, staff not
required to work may use their own discretion as whether to leave
work early or not. No payment will be made for this time off
unless banked personal or vacation leave time is used. Flex-time
may be used with the approval of the appropriate department head.
Note: flex-time requires the employee to work additional hours
within two weeks, preferably within the two week payperiod, to
compensate for loss time when banked leave is not used. This is a
give and take arrangement approved and scheduled in advance with
the appropriate department head.
' s
Town Board Meeting 2/7/94
Agenda Item No 21
Procedure for Closing Town Offices
Resolution No. 45
WHEREAS, there has been some confusion among officials and staff
regarding the proper procedure to follow when officially closing Town offices;
and
WHEREAS, the Personnel Committee has reviewed these procedures and
recommends they be approved; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve
giving the Town Supervisor the final discretionary decision for closing Town
offices during inclement weather or other unusual incident. (1) This decision
will be made based on information provided by the Highway Superintendent,
Sheriff's Department, Tompkins County, and/or other sources of the
Supervisor's choice. (2) The Town Clerk will immediately notify Department
Heads and broadcast the closing on three local radio stations. (3) Other
employees will be notified either by the appropriate Department Head or the
Town Clerk's staff, whichever proves practical at the time.
MOVED: Councilman Niklas
SECONDED: Councilwoman Valentino Carried Unanimously
DATED: February 7, 1994
i.4-X / (-rt^JUnr^yrs^
Joan'Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 22
Southern Cayuga Lake Intermunicipal Water Com mission
Hill Paying (Jrace Period
Resolution No. 46
WHEREAS, the present Rules and Regulations of the Southern Cayuga
Lake Intermunicipal Water Commission allow a period of only 20 days within
which to pay a water bill before incurring a 10% penalty; and
WHEREAS, from time to time the 20 day period creates economic and
practical hardships for residents of the Town; and
WHEREAS, the Town believes extending the time within which the bill
could be paid would alleviate some of the iiardships without adversely
impacting collections within the Town; now therefore be it
RESOLVED, that the Town of Ithaca requests the Southern Cayuga Lake
Intermunicipal Water Commission and the member municipalities of the
Commission to amend the Rules and Regulations of the Commission to extend
the period during which a water bill may be paid without penalty from 20 to
30 days; and it is further
RESOLVED, that a copy of this resolution be transmitted by the Town
Supervisor of Town Clerk to the Commission and the other member
municipalities of the Commission; and
RESOLVED, that the Town Supervisor, Town Clerk, and all other Town
officers and staff be authorized to take such actions deemed by the Town
Supervisor necessary or appropriate to effectuate the foregoing resolutions.
MOVED: Councilwoman Valentino
SECONDED; Councilman Conley
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 23
Benefit Assessment Refund - Sheldrake
Resolution No. 47
WHEREAS, Raymond Sheldrake, 806 Elmira Road, was charged 2.53 units of
water benefit on the 1994 tax bill for Town of Ithaca Tax Parcel 31.-2-9.2; and
WHEREAS, the Tax Parcel is currently in agricultural use and is currently
receiving an agricultural exemption, which exempts the property from water
benefit assessment; and
WHEREAS, the Town Engineer has confirmed that an adjustment in benefit
assessment for water in the amount of 2.53 units is correct for this parcel;
and
WHEREAS, taxes for this tax parcel have been paid in full; now therefore
be it
RESOLVED, that the Town Board of the Town of Ithaca does hereby
authorize a refund of 2.53 units of water benefit charge in the amount of
$202.40 be paid to Raymond Sheldrake, 806 Elmira Road.
MOVED: Councilman Klein
SECONDED: Councilman Niklas
DATED: February 7, 1994
Carried Unanimously
JLk ■Tl.Mcr.lUAs^ Jbccnn^
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 23
Benefit Assessment Refund - Pritt
Resolution No. 48
WHEREAS, Fred Pritt, 1632 Slaterville Road, was charged (1) unit of sewer
benefit on the 1994 tax bill for Town of Ithaca Tax Parcel 56.-3-15; and
WHEREAS, the tax parcel is not currently served by public sewer; and
WHEREAS, the Town Engineer has confirmed that an adjustment in benefit
assessment for sewer in the amount of (1) unit is correct for this parcel; and
WHEREAS, taxes for this tax parcel have been paid in full; now therefore
l)e it
RESOLVED, that the Town Board of the Town of Ithaca does hereby
authorize a refund of (1) unit of sewer benefit charge in the amount of $78.00,
be paid to Fred Pritt, 1632 Slaterville Road.
MOVED: Councilman Niklas
^ SECONDED: Councilman Klein
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 24
Benefit Assessment Refund - Taylor / Wilkinson
Resolution No. 49
WHEREAS, Martha F. Taylor and Gwen P. Wilkinson, 250 Troy Road, were
charged (10.9) units of water benefit on the 1994 tax bill for Town of Ithaca
tax parcel 45.-2-14.1; and
WHEREAS, water service is not directly available to this tax parcel due to
a subdivision in 1993 that subdivided this parcel from a parcel served with
water on Ridgecrest Road; and
WHEREAS, the Town Engineer has confirmed that an adjustment in benefit
assessment for water in the amount of (10.9) units; and
WHEREAS, taxes for this tax parcel have been paid in full; now therefore
be it
RESOLVED, that the lown Board of the Town of Ithaca does hereby ratify
the refund payment of (10.9) units of water benefit charge in the amount of
$872.00, paid to Martha F. Taylor and Gwen P. Wilkinson on February 4, 1994.
MOVED; Councilman Niklas
Carried Unanimously
SECONDED: Councilwoman Valentino
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
\ Town Board Meeting 2/7/94
Agenda Item No. 26
Route 13 South, Improvements
Resolution No. 50
WHEREAS, the NYS Department of Transportation (hereinafter DOT) has
found that the existing bridges over Conrail/Cayuga Inlet and Buttermilk
Creek on Route 13 are structurally deficient; and
WHEREAS, DOT solicited public input in December of 1990 on the proposed
bridge replacement alternatives; and
WHEREAS, the Town of Ithaca Board passed a resolution on December 10,
1990 which forwarded concerns to the DOT; and
WHEREAS, the DOT developed a design report and environmental
assessment and held a public hearing and solicited public comment on that
report in November 1993; and
WHEREAS, the Town of Ithaca Board passed a resolution reaffirming their
concerns and authorized the Town Engineer to write to DOT regarding those
concerns; and
WHEREAS, the Town of Ithaca Board finds that the DOT plans as
presented in the Design Report set forth the goal of servicing traffic passing
^ through the urban areas and those plans consider the servicing of abutting
lands as subordinate to that interest in through traffic; and
WHEREAS, the Town of Ithaca Board finds that the DOT plans as
presented in the Design Report not only fail to address the Town's concerns
regarding the unsatisfactory conditions at the intersections of Route 13 and
13A and of Route 13 and Buttermilk Falls Road but are likely to make those
intersections more difficult; and
WHEREAS, the Town of Ithaca Board finds that the DOT plans as
presented in the Design Report deal with only a small segment of this highway
corridor; and
WHEREAS, the DOT is about to begin construction on another nearby
segment of Route 13 at its intersection with Route 96 in the area known as
Shady Corners leaving a stretch of Route 13 between these two design areas;
and
WHEREAS, the reconstruction of Route 13 will have significant impacts on
the City of Ithaca and the Ithaca urban area; now therefore be it
RESOLVED, that the Town of Ithaca Town Board finds the current NYS
Department of Transportation plans deficient and authorizes the Town
Supervisor to request the assistance of State Assemblyman Luster and State
^ , Senator Seward in working with the Town to ensure that the DOT is sensitive
and responsive to these issues, reconsidering, if necessary the design
recommendations contained in the DOT Design Report and ensuring the
participation of the affected municipalities.
( ^
' )
f \
TB Agenda Item No. 26 - 2/7/94
Res. No. 50
Page 2.
MOVED; Councilworaan Harrison
SECONDED: Councilman Klein
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Carried Unanimously
Town Board Meeting 2/7/94
Agenda Item No. 27
Special Town Board Meeting - Forest Home Bridge
Resolution No. 51
BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a
Special Town Board meeting on Friday, February 11, 1994 at 5:00 p.m., at the
Town Hall, 126 East Seneca Street, Ithaca, in order to consider the Schematic
Design Plans for the replacement/rehabilitation of the Downstream Forest Home
Bridge Project; and be it further
RESOLVED, that the Town Highway Superintendent and the Town Engineer
are hereby instructed to attend the Torapkins County Public Works Committee
meeting to be held on February 16, 1994 to inform that Committee of the Town
Board's opinions on the options for the replacement / rehabilitation of the
Downstream I'orest iloine Bridge Project.
MOVED: Councilman Niklas
Carried Unanimously
SECONDED: Councilwoman Valentino
^ DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 28
Policy Maintenance of Town Rights-of-Way
Resolution No. 52
WHEREAS, the Town of Ithaca is responsible for maintaining safe Town
roads and shoulders; and
WHEREAS, the Town of Ithaca Highway Department plows the roads and
shoulders and sometimes inadvertently hits mailboxes or posts, so that a policy
is needed; now therefore be it
RESOLVED, on the recommendation of the Public Works Committee, the
Town of Ithaca hereby adopts the attached policy to continue safe maintenance
of the Town roads and rights-of-way.
MOVED: Councilwoman Valentino
SECONDED: Councilman Niklas
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
TOWN OF ITHACA
Maintenance of Town Rights-of-way
"I^hway Department is responsible for keeping the roads and
The^HiohLl passage of vehicles.The Highway Department tries to clear the snow from in front of
mailboxes as a courtesy to the public but it is the public that is
responsible for their mailboxes and any other obstructions they
s5dewalks/etc'" right-of-way. eg= plantings, fencing.
Mailbox Installation
1. Property owners should check with the Post Office as to their
regulations on installing mailboxes. (Swing arm mailboxes are
preferred)
^ 2. The mailbox post is to be a minimum of 16 feet from the centerof the road or 6 feet from the pavement to the mailbox post,
whichever is further from the center of the road.
3. There shall be a minimum clear zone from grade to bottom of
mailbox support of 44 inches.
installed as per Highway specifications and
the Town plow hits a mailbox or post, the Town may, at its
option, replace or repair the box or post upon notification
being given to the Highway Department. If the post and box are
not installed as per specifications, the Town will not replace
or repair the box or post when damaged by a plow.
5. The Highway Department will not be responsible to replace or
with ^ box that is in a poor state of repair to begin
Other Obstructions
Any other obstructions in the Town right-of-way are at the
^ landowner's risk and the Town shall have no obligation to repair or
replace any obstruction in the right-of-way damaged by the Town
r
Town Board Meeting 2/7/94
Agenda Item No. 29
Authorization to Receive Bids for New Mower
Resolution No. 53
WHEREAS, the Town of Ithaca Highway Department mower is scheduled to
be replace this year; and
WHEREAS, the funds have been budgeted, the type of tractor/mower
needed has been researched and the specifications have been written; now
therefore be it
RESOLVED, that on the recommendation of the Public Works Committee, the
specifications for the new tractor/ mower be approved; be it further
RESOLVED, that the Town be authorized to advertise and receive bids for
the new tractor/ mower.
MOVED:
SECONDED:
DATED: February 7, 1994
Joan Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 1 - Additional
Conservation Board Appointment
Resolution No. 54
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby
appoints John Meigs, 235 Culver Road, Ithaca as a member of the Town of
Ithaca Conservation Board for a term of office from February 7, 1994 to
December 31, 1995.
MOVED: Councilman Niklas
SECONDED: Councilman Klein
DATED; February 7, 1994
Motion carried.
VOTE
Supervisor Whitcomb Aye
Councilwoman Valentino Aye
Councilman Niklas Aye
Councilman Klein Aye
Councilwoman Grigorov Aye
Councilwoman Harrison Aye
Councilman Conley Nay
OotW
Joan(/Lent Noteboom, Town Clerk
Town Board Meeting 2/7/94
Agenda Item No. 2 - Additional
SCLIWC (Bolton Point) Pre-Payments 1994
Resolution No. 55
WHEREAS, it is necessary that SCLIWC make certain payments between
Town Board meetings in order to meet recurring obligations and avoid
penalties; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes
the SCLIWC Treasurer to make the following payments between Town Board
meetings as long as they are listed in the next monthly abstract:
1. Payments to the Town of Ithaca - Payroll, Health Insurance,
and Disability Insurance.
2. Direct Page Comm. - Monthly paging.
3. New York State Electric and Gas - Gas and electric services.
4. New York Telephone Co. - Telephone service payments,
/-s 5. RCI Long Distance - Telephone service payments.
t
6. Tompkins County Trust Co. - Telephone system lease.
7. Postmaster, City of Ithaca - Postage.
MOVED: Councilman Niklas
SECONDED: Councllwoman Valentino
DATED: February 7, 1994
Carried Unanimously
Joan Lent Noteboom, Town Clerk