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TB Minutes 2000-07-10
OF rp TOWN OF ITHACA FINAL n 126 EAST SENECA STREET , ITHACA, N . Y. 14850 OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-17133 FAX (607) 273- 1704 TOWN BOARD MEETING July 10 , 2000 5 : 30 O 'clock P . M . AGENDA 1 . Call to Order. 2 . PLEDGE OF ALLEGIANCE . 3 . Report of Tompkins County Board of Representatives . 4 . Report of Fire Commissioners . 5 . Discuss proposed elimination of sales tax for items of clothing costing less than $ 110 . 00 . 6 . 6 : 30 p . m . - PUBLIC HEARING : To consider a , " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS SET FORTH IN SAID LOCAL LAW , ! SAPSUCKER WOODS" . 7 . Consider SEQR related to a , " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS SET FORTH IN SAID LOCAL LAW , SAPSUCKER WOODS" . 8 . Consider enactment of a , " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS SET FORTH IN SAID LOCAL LAW , SAPSUCKER WOODS" . 9 . 6 : 40 p . m . - PUBLIC HEARING : To consider a resolution on a proposal to consent to the elimination of the owner occupancy requirement contained in the Cayuga Vista restrictive covenants . 10 . Consider SEQR related to a resolution on a proposal to consent to the elimination of the owner occupancy requirement contained in the Cayuga Vista restrictive covenants . TB Mtg . - 7/ 10/00 Agenda Page 2 . 11 . Consider adoption of a resolutioo tainedropthelCayuga Vista restncltve cooenants . owner occupancy requireme 12 . Discuss setting public hearing REAL " LOCAL LAW REDUCING ABATEMENT UNDER ELIMINATING THE COMMERCIAL SECTION 45B OF THE REAL PROPERTY TAX LAW 13 . Discuss Recreation Partnership agreement . 14 . Consider approval of the Annual Report of the Receiver of Taxes . 15 . Consider resolution authorizing payment of expenditures for the lacovelli Park improvements . 16 . Consider approval of the Driveway Repair Policy . 17 . Consider approval of the Culvert Repair Policy . 18 . Consider the Route 366 bridge reconstruction proposal . 19 . Consider authorization for the demolition of the structure at 339 Stone Quarry Road ; and approval to hire contractor , (or use highway personnel) , to perform the demolition . 20 . Consider easement related to the Eddys' property . 21 . Consider approval of purchase of audio/recording equipment for the new Town Hall . 22 . Consider award of bid for professional cleaning services . 23 . Consider change orders related to the renovation of the New Town Hall . 24 . Consider hiring consultant to monitor the Cornell University Lake Source Cooling Project . 25 . Discuss status report for the Purchase of Development Rights Program . TB Mtg . - 7/ 10/00 Agenda Page 3 . 26 . Consent Items : Consider resolution approving and /or authorizing the following : a . Town Board Minutes - 6/12/00 b . TOWN OF ITHACA WARRANTS c . Town of Ithaca " Budget Amendments , Transfers , and Fund Balance" d . SCLIWC WARRANTS e . Fall Brush & Leaf Pick Up Dates f. Abolishment Cleaner Position g . Appointment Laborer Position h . Abolishment Typist Positions i . Ratify Appointment Court Clerk for Town Justice Raymond Bordoni j . Adjustment - Hours of Work and Salary for Court Clerk 27 . Report of Town Officials : a . Town Clerk/Receiver of Taxes b . Highway Superintendent c . Director of Engineering d . Director of Planning e . Director of Building/Zoning f. Budget Officer g . Human Resources Specialist h . Attorney for the Town 28 . Report of Town Committees . 29 . Review of Correspondence : a . Note of Appreciation - Ron and Tara Wilder 30 . Consider motion to enter EXECUTIVE SESSION . 31 . Consider motion to ADJOURN . TOWN BOARD MEETING July 10 , 2000 5 : 30 O'clock P . M . ADDITIONAL AGENDA ITEMS 5 : 45 p . m . - PERSONS TO BE HEARD 1 . 6 : 00 p . m . = Consider approval of utility easement for the property owned by Timothy Ciaschi on Woolf Park and Woolf Lane . 2 . Discuss submission of letter of resignation from James Ainslie , member of the Planning Board . 3 . Consider request from Carolyn McAvoy , 102 Conifer Circle for approval to solicit wares along Rt . 13 in the town . F TOWN OF ITHACA TOWN BOARD JULY, 10 2000 5 : 30 O' clock P. M . At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County, New York , held at the Town Hall , 126 East Seneca Street , there were present : PRESENT: Catherine Valentino , Supervisor; Mary Russell , Councilwoman ; Carolyn Grigorov, Councilwoman ; David Klein , Councilman ; Ed Conley, Councilman ; Bill Lesser, Councilman ; Tom Niederkorn , Councilman . PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Attorney for the Town ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ; Andrew Frost , Director of Building/Zoning ; Judy Drake , Human Resource Specialist . OTHERS: Greg R . Kirkpatrick , Ithaca Fire Department ; Aline and Matthew Schulman , 204 Wilson Road , Lansing ; Doria Higgins , 2 Hillcrest Drive ; Tim Joseph , Tompkins County Board of Representatives ; M . H . Solomon , 222 Sapsucker Woods Road ; Kathe Johnson , Ann Arlen , Michigan . Call to Order : The Supervisor called the meeting to order at 5 : 32 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No. 4 — Report of Fire Commissioners . Greg R . Kirkpatrick, Board of Fire Commissioners (Town of Ithaca Representative) - Fire contract negotiations with the Town of Ithaca , the Ithaca Paid Fire Fighters Association and the Volunteer Fire Company are continuing . The bid opening for Fire Station Number 7 was held on June 22 , 2000 . Four bids were received . The bids are undergoing review by the City of Ithaca legal department . The Board of Fire Commissioners will be discussing the bids at the July 11 , 2000 meeting . The Strategic Planning Committee is still dealing with problems associated with inadequate staffing of the Fire Department . A resolution has gone to the County Board to ratify the Tompkins County Emergency Management Group . It would create and design a plan for the County that would coordinate with the City' s plan . The County Communication and 911 program are progressing at a slow pace . There will be a consolidated dispatch center at the South Hill Fire Station Number 5 . It will consist of City Police , Bangs Ambulance , the Ithaca Fire Department , Tompkins County Sheriff , Village Police , and all County Fire and EMS . The State Police will not participate . The Fire Department is still awaiting delivery of two new truck chassis from Pennsylvania . TOWN BOARD PAGE 2 Jul y 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11, 2000 - APPROVED - APPROVED - APPROVED The Ithaca Fire Department is averaging 1 , 000 hours of training per month . There are approximately 65 active volunteers for all classes , 16 are presently undergoing training . We have 21 "bunkers" for this fall . Traffic calming measures and their impact on the Ithaca Fire Department are still under review. Agenda Item No. 3 — Report of Tompkins County Board of Representatives : Tim Joseph , Tompkins County Board of Representatives — The County had been moving ahead with the Emergency Communication System as recommended by our Fire and Disaster Coordinator. The 800 mega- hertz trunking radio system has been recommended . The Fire and Disaster Coordinator and the committees he worked with concluded that the 800 mega-hertz system is what is needed . We have been moving ahead with securing options on lands for the towers , and we are trying to get answers to questions so we can make decisions of whether or not to build the system . The board decided that we needed to put a temporary stop on moving ahead . We have taker F the options on the land . We are not moving ahead with any further steps . The land is not being surveyed , and Request for Proposal are not being put out for the system . We are taking a step back and are taking the time to look at the alternatives. I think that we will come to the conclusion this is the right plan . Staff has looked into the oth options , bit they have not been able to give us adequate defenses for their conclusions . We a going to be taking the time to make sure that we have the answers . We need to feel convinced th this is the right system before we move forward . Mr. Lang sent a letter to all towns and villages of Tompkins County asking them to pass a resolution explaining their opinion on the elimination of the sales tax on clothing items costing under $ 110 . 00 . Very few towns and villages have responded . The few responses have been split . I am sensing from board members that sooner or later we will have to remove the sales tax. Many other counties are removing the sales tax. It is just a matter of time . I think it could be changed if the towns , villages and other people in the County wanted to keep the clothing tax. It might not be this year, but in the near future . Supervisor .Valentino — We had a meeting with County Finance . We questioned how David Squires had decided the amount of our loss. They have now worked on compiling the numbers from three different sources . The numbers that Mr . Squires gave us are the numbers that we should be looking at . It was a productive meeting . Mr . Joseph — I think that the numbers are as good as you will get . I will caution the board that no one knows for sure . The items sold are not recorded . Clothing sold at a clothing store is put into the clothing category . Clothing sold at K- Mart is put under general merchandise . We only know how much general merchandise was sold . We do not know how much of it was clothing . TOWN BOARD PAGE 3 JULY 10 , 2,000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Supervisor Valentino — Bill Benjamin , Deputy County Administrator, came to the Tompkins County Municipal Officers Association meeting . He answered questions . He was straightforward . I think that the County going through the process again will slow the project down , but is very helpful to the municipalities that were asking the questions and not getting the backup information . I think that the County Board is doing the right thing . Councilman Lesser — Major retailers scan their items . The stores should be able to provide data on what portion of their sales would be tax exempt under clothing sales . Mr. Joseph — It would not be difficult for them to do . It is different from would they be willing to do it . They have not in the past been very willing to give us any information about their sales . Supervisor Valentino — They are not legally bound to give that much information . They are not going to share it . Mr. Joseph — The stores will not be reporting . They will not be collecting the tax on those items . We will not know how many of those items they are selling . Councilwoman Grigorov — We would know how much is taxable and nontaxable . Councilwoman Russell — There is no State tax on the clothing portion of the merchandise. The board could pick up on those numbers. Supervisor Valentino — It looks like the Town of Ithaca would be losing $79 , 000 per year with the elimination of the sales tax. This includes the Village of Cayuga Heights and the Town of Ithaca combined . Mr. Joseph — The comparison of the State tax collected versus the local tax collected should give a good idea of how much it is . The one percent and the three percent tax would track each other, but they do not . Additional Agenda Item — PERSONS TO BE HEARD , Doria Higgins, 2 Hillcrest Drive — Agenda Item No . 24 is to consider hiring a consultant to monitor Lake Source Cooling ( LSC ) . This is important . The easy way the board approved LSC indicates that the board was not conversant with important facts . It is ironic that those of us who opposed LSC are the ones whose taxes will be paying for the monitor. The $50 , 000 that Cornell gave the Town will not last very long . There is no data in the entire Environmental Impact Statement for total phosphorous or soluble reactive phosphorous at the intake site . These are two items that will influence the lake more than anything else . Plumes in the Environmental Impact Statement show that the soluble reactive plumes go up to and past Bolton Point intake site for drinking water for five municipalities . This is an outrageous omission in the Environmental Impact Statement . We do not know the total TOWN BOARD PAGE 4 JULY 103 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED phosphorous . There is no data from the intake site . Soluble reactive phosphorous consistent increases in concentration the deeper in the lake it is taken . You can extrapolate from station 11 at the same depth that the intake site is at . There is not the addition of 5 or 7% that the Environmental Impact Statement inaccurately shows . It falsely asserts all through the 4 volumes of the addition . The addition will be in 1995 , an increase of 93% . In 1996 , the increase was 74%. The biological growth will affect the drinking water site intake . It is important that the board does tnot treat casually. The monitoring will be very important . The Cornell monitoring plant is outrageously permissive . The data is submitted once a year. Then if they notice anything wrong , they have 6 months to remediate the problem . Do not count on the Cornell monitoring plan to do what needs to be done . The Town monitor will be important . Please be careful in the selection . Make sure that he will not be as easy going and permissive as New York State Department of Environmental Conservation has been in granting the permit . By Federal mandate , all States in our union must present to the Environmental Protection Agency a 303D List and 305B List every year. In 1996 and before , the data source that New York State Department of Environmental Conservation used for those lists was the Priority Water Bodies List . The list in 1996 gave 24 areas of Cayuga Lake that are undergoing some degree of difficulty . There were 4 degrees of severity . Some of them were the third most severe . They had 3 degrees of documentation . In the 303D List presented by New York State Department of Environmental Conservation , not one of the 24 was mentioned . One was mentioned on Table F. It states th Table F needs verification . It does not have much importance . I think it is outrageous for New Yo State Department of Environmental Conservation to have given Cornell the permit under tho conditions . Mat Schulman , Town of Lansing — I am going to be visiting every town ; village , and city board of every municipality participating in the proposed Intermunicipal Sewer Project . I ask that you discuss as a board whether you feel comfortable with banning the public from public policy meetings . On June 9 , 2000 , 1 attended a meeting of representatives that the various boards had appointed to represent them in discussions on the Intermunicipal Sewer Project held at the New York State Department of Environmental Conservation . There were representatives from all municipalities . At that meeting , someone noticed that there was a person of the press . There was some comment whether the press should be permitted to stay . Ms . Brock went down the reasons that you might exclude the press . It was determined that the press could stay. I stayed at the meeting and reported on the meeting . I do not think that everyone was thrilled with what I reported . The subsequence meeting was held June 29 , 2000 . 1 was unable to attend . When I called to get reports of what went on , it happens that the other media does not report those meetings . I was told that in addition to the functional business of the sewer, there had been a discussion of the presence of the press . It had been decided by consensus that the press should not be admitted . My understanding of the process was that a couple people spoke with Bob Freeman , They asked questions of whether or not the press could be allowed or could be excluded . I was told that if there was not a quorum from a particular body, and the body did not constitute a public entity , then th are not forced to allow the press to stay . This information was shared with the New York Sta TOWN BOARD PAGE 5 JULY 101 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Department of Environmental Conservation , The New York State Department of Environmental, Conservation had their legal department look at it . Their conclusion was that they could bar the press . The press was barred . I have filed for a formal advisory opinion with Bob Freeman . Unfortunately, that advisory opinion v9;ill not be available before the July 28 , 2000 meeting . Mr. Freeman told me that to his knowledge ; he thought that the group has the right to exclude the press . He also said that he has been arguing with the State Legislature to close the loophole . The meeting does not have a quorum from any individual municipality. It is also true that each municipality has designated representatives . The Intermunicipal Group cannot formally take an action . The board does take decisions . They may have the legal right to exclude the press , but even if they do have the legal right to exclude the press , is this what you want to have happen . When the Governor came to Lansing in September of 1998 , the optimism was that there would be an intermunicipal agreement in four to six months . I have studiously tried to avoid coming to meetings , which have been at risk. I think banning the press is doing a disservice . I will be at the July 28 , 2000 meeting until I am asked to leave . Agenda Item No. 5 — Elimination of Sales Tax for Items of Clothing Costing Less Than $ 110800. Supervisor Valentino — It looks as if this would be a considerable loss of revenue for the Town: of Ithaca . One of the arguments is that people would shop more here . The items that were over $ 110 . 00 would help make up the difference . The other argument is that it would be a bigger problem . It looks as if the counties around us are going to drop the sales tax. We would see more of an outflow of money than we are already seeing . What does the board think we should send as our resolution to the County about the sales tax? Councilman Niederkorn — It might result in a loss of $80 , 000 in revenue . Was that in terms of a tax increase ? I think that it is an important issue to think about . Supervisor Valentino — The Highway Department and Part-Town is totally dependent on sales tax money. The General Fund is supplemented by sales tax money. l think that it would be an addition* ten cents per thousand . Councilman Lesser — We could not do anything for the time being and see the impact on clothing sales . Councilman Conley — Many people from this area shop in Pennsylvania because there is no sales tax on clothing . Supervisor Valentino — When I shop someplace , I do not go because the sales tax is less . I go elsewhere because something is going to be 25- 5O% cheaper . TOWN BOARD PAGE G JULY 10 ; 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilwoman Grigorov — I think it depends upon if other counties eliminate the sales tax. Councilman Klein — People will shop in Cortland if they do not have sales tax. Supervisor Valentino — People shop in Cortland , Seneca Falls and Elmira because there are more choices . What is the hurry for this ? Mr. Joseph — There is no pressure to make a decision . There is no deadline . The latest revision of the law allows us the opportunity every year. If we want to take it off , we have to do it in December. If we chose to do so , it would be eliminated the following March . When this first was an issue , the counties took a stand . We knew if they were going to eliminate the sales tax or not . Broome County was one county that said that they were going to remove the sales tax and they did . It could have an impact on us . Cortland County said that they were not going to remove the sales tax, but has decided to remove the sales tax. Councilman Klein — We are conservative with sales tax figures for our budget . I do not remember a time when our sales projections were not met . We have never done anything like this . Mr . Joseph — The issue is how does the Town advise the County. We have left the sales tax on f one year to see what happened . Supervisor Valentino — We know that our sales tax revenues have not gone down , They have increased . Councilman Klein — The sales tax on textbooks had an impact on the City. They saw that it was a decrease. Mr. Joseph — We were able to see the decrease because we were able to see how many books they • sold . We did not see our revenue fall because other things happened . We will not be able to tell if people are leaving the County to shop where there is no tax. We know that they are not doing it in such numbers that our revenue is falling . Councilman Lesser — We do not have much information . We are going to make a decision based on a guess or on a notion . The County needs to call the Chamber of Commerce and tell them it is a significant issue . We could ask them to give us a clear justification why we should do it . I do not think that there would be any question . Supervisor Valentino — The Chamber of Commerce gave one set of numbers that coincide with the County numbers . TOWN BOARD PAGE 7 juiv 10; CE'iOCI APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Lesser — K- Mart stores are professionally managed . They know how many people are going to shop in Pennsylvania . They know how much money per family we should be spending on clothing. They can tell us this information if they choose . I think if we give them a good reason to do so , they can give us a good explanation . Mr. Joseph — I do not know if they could give us numbers on how many people are shopping out of the County. The numbers that they give us to prove it will be suspect . Councilwoman Grigorov — Does the Chamber of Commerce have a position ? Mr. Joseph — The Chamber of Commerce was asked for a position and they were split . The retailers wanted it to be removed and everyone wanted it to remain because they were afraid that their property tax would increase . The institute for policy studies did an analysis on how progressive are what taxes . Their conclusion is that property taxes were the most regressive . Sales tax was next . Having seen the study, I wonder if it is true in Ithaca because of the students . Supervisor Valentino — It is a hard decision . Councilman Lesser — Why did the State decide that the next area that they are going to lift sales tax from is clothing ? Mr . Joseph — It is hard to say that the State decided it for one reason . Different people did it for different reasons . Removing sales tax on clothing has long been the liberal democratic position in this State legislature . There is the argument of aiding poor people and having less regressive taxation . Supervisor Valentino — What is the board 's position ? Councilman Niederkorn — I would like to . have more information on what impact this might have on the property tax rate . If it were a minor impact on the property tax rate I would not object to it . Mr. Joseph — The Town tax levy was about $900 , 000 last year. The estimated loss is $80 , 000 . It is a 10% tax increase . Supervisor Valentino — Our tax rate would go from $ 1 . 25 to $ 1 . 37 . Councilman Niederkorn — I would not be concerned with the increase . Councilman Lesser — I would like to remove it . Councilman Conley — I would like to know more about the other reactions in the County. I do not have a problem with removing the sales tax. TOWN BOARD PAGE 8 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein — I would like to remove the sales tax. Councilwoman Grigorov — I would also like to remove the sales tax. Councilwoman Russell — I would like to remove the sales tax. I am concerned that it would have a greater impact on the County tax rate . Mr. Joseph — It would impact the County more in dollars . We are less dependent on sales tax than the Town is . Councilwoman Russell — It would impact our taxpayers as County taxpayers as well . Supervisor Valentino — I wanted to keep the sales tax on longer. I wanted to look at more of the information that comes about . I worry about what would happen all the way around . I do not think that we will have a lot of good information . I do not think that we will ever get a lot of good information . Councilwoman Grigorov — We can always put the sales tax back on . Mr. Joseph — I am skeptical that once it taken off that it will be put back on . I think that there would be a real outcry. Supervisor Valentino — We need to leave it on longer so that we can evaluate it more . Mr. Joseph — The impact on Town tax is not very large , but the headline in the paper is "Ten percent Tax Increase". Supervisor Valentino — The Town of Ithaca receives the biggest portion of sales tax outside of the City. We would be hit the hardest , but we have the lowest tax rate . We could send a resolution stating that the strong majority felt the sales tax should be removed . Councilman Klein — There is also the feeling that we need more information . Councilwoman Russell — If the other counties remove their tax, we might be able to see an impact . Is it possible if we wait longer? Mr. Joseph — I do not know if other counties are going to remove the sales tax soon . If they do it one at a time it would be hard to distinguish the impact . I think that the main missing piece of information would be the impact on the Town of Ithaca budget . Councilman Lesser — The real missing information is that if we do not do it what is the impact on t retailers . TOWN BOARD PAGE 9 JULY 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Resolution No. 86 = Request to Tompkins County Board of Representatives Elimination of Sales Tax on Clothing. WHEREAS, certain members of the Tompkins County Board of Representatives have requested that the Town of Ithaca Town Board consider the elimination of the sales tax assessed to clothing costing less than $ 110. 00 sold within Tompkins County; and WHEREAS, the governing Town Board discussed and considered the said removal of the sales tax assessed to clothing costing less that $ 110. 00 sold within Tompkins County; now, therefore be it RESOLVED, the Town Board of the Town of Ithaca hereby requests that the Tompkins County Board of Representatives remove the sales tax assessed to clothing items costing less than $ 110. 00 sold within Tompkins County. MOVED Councilwoman Grigorov, SECONDED Councilman Niederkorn. A vote on the motion resulted as follows: Supervisor Valentino, nay; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein. aye; Councilman Conley, aYe: Councilman Niederkorn, aye; Councilman Lesser, aye. Motion carried. Additional Agenda Item No. 1 — Approval of Utility Easement for the Property (awned by Timothy Ciaschl on Woolf Park and Woolf Lane . Attorney Barney — Mr. Ciaschi needed an easement from the Town to cross a strip of lard that the Town owns as part of the park and trail system . The Town was kind enough to grant an easement . Unfortunately we did not consider that he might need an easement for utility lines to provide electric and gas service to the house . Tim Ciaschi , Woolf Lane — The water main and sewer lateral will cross the easement . Councilwoman Grigorov — Will the lines be buried ? Mr. Ciaschi — Yes . There is an existing pole and they are going to put another pole next to it . Then the lines will be buried . Attorney Barney — I read the opinions of the Comptroller. It is his opinion that a resolution granting an easement like this is subject to a permissive referendum . I suggest that if the board grants the easement , it be conditional on Mr. Ciaschi paying for the cost that may occur as a result of publication . Mr. Ciaschi — Is the easement for a single home? If there were others who would like to build in the area would they need to come before the board to get the same easement ? There are two or three building lots in the area . TOWN BOARD PAGE 10 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11, 2000 - APPROVED - APPROVED - APPROVED Mr. Kanter — I would like to see it amended when such time a new subdivision occurs . Councilman Niederkorn — I do not think it is necessary to have them come before the board . Agenda Item No 6 — PUBLIC HEARING : Consider, " LOCAL LAW AMENDING THE TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS SET FORTH IN SAID LOCAL LAW, SAPSUCKER WOODS" . Supervisor Valentino opened the public hearing at 6:31 p. m. and past-posed the public hearing until 6:34 p. m. The Town Clerk had proof of posting and publication. Additional Agenda Item No. 1 Cont' d . Councilwoman Russell — Mr. Kanter, do you have reservations about the easement? Mr. Kanter — I do not have any strong feelings about it . I have more feelings about the access and who is going to be physically crossing the strip . Mr. Walker — Mr. Ciaschi asked permission to complete the 8- inch sewer main for the Town . The Town would then take ownership . Mr . Ciaschi is giving the Town an easement over the future road right-of-way for the sewer. It will drain Grove Road . It currently has a dead end sewer . The Torun built the sewer line down Grove Road that stopped at the right-of-way. It does not serve anyon because it does not have any place to go . The Town is getting a benefit . The sewer easement tiv be granted to the Town . _Resolution No 87 - Utility Easement to Timothy Ciaschi 120 Grove - Road Across Town of Ithaca Tax Parcel 23- 1 -40. BE iT RESOLVED, that the town of Ithaca Town Board hereby grants an easement to Timothy Ciaschi, his heirs and assigns, and to the New York State Electric and Gas Company for installation of utility lines across the strip of land owned by the Town of Ithaca, Tax Parcel 23- 1 -40, adjacent to 120 Grove Road for the purpose of serving the new house being constructed by Mr. Ciaschi and other homes or facilities conditional in accordance with law., conditional upon Mr. Ciaschi paying the Town of Ithaca the cost to the town of granting the easement, including publication costs and other expenses; and be it further RESOLVED, that this resolution is subject to a permissive referendum; and it is further RESOLVED, that the Town Clerk is directed to advertise the adoption of this resolution in accordance with law. MOVED Supervisor Valentino, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman, Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Les. aye. Carried unanimously. TOWN BOARD PAGE 11 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Agenda Item No. 6 — PUBLIC HEARING : Consider, " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS ST FORTH iN SAiD LOCAL LAW, SAPSUCKER WOODS " . Supervisor Valentino opened the public hearing at 6:34 p. m. The Town Clerk had proof of posting and Publication. Supervisor Valentino asked if any persons present wished to be heard. With no persons present to be heard., Supervisor Valentino closed the public hearing at 6:36 p. m . See Attachment # 1 . Agenda Item No. 7 — SEQR, " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS ST FORTH IN SAID LOCAL LAW, SAPSUCKER WOODS " . Resolution No. 88 = SEQR: LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1984 ' DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES iN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW. WHEREAS, this action is the enactment of a local law amending Town of Ithaca Local Law No. 4 for the Year 1984 deleting the owner occupancy requirements for certain houses in Sapsucker Woods set forth in said local law, and WHEREAS, said local law requires that at least one dwelling unit in each of the buildings at 108 through 203 Sapsucker Woods Road, if converted under the provisions of that local law, be owner-occupied. The proposed amendment would delete the owner occupancy requirements; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws; and WHEREAS, the Town Board, at a public hearing held on July 10, 2000, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts i and iI for this action; now, therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED Councilwoman Russell, SECONDED Councilman Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye., Councilman Lesser, aye. Carried unanimously. TOWN BOARD PAGE 12 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11, 2000 - APPROVED - APPROVED - APPROVED A ends Item No. 8 — Enactment " LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW N 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS ST FORTH ! SAID LOCAL LAW, SAPSUCKER WOODS" . See Attachment #2. Resolution No. 89 - LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW. WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town Board on July 10, 2000, at 6.30 p. m , to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAV'✓": and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 Am (State Environmental Quality Review Act) it has been determined by the Town Board that adoption said proposed local law would not have a significant effect upon the environment and could b processed without further regard to SEQR, and WHEREAS, the Town Planning Board, after due consideration has recommended adoption, of such local law; and WHEREAS, the matter was submitted for review to the Tompkins County Department of Planning pursuant to New York State General Municipal Law Sections 2394 and/or 239-m, and such Department issued its opinion that adoption of the proposed local law would not have a significant deleterious impact on intercommunity, County, and State interests; and WHEREAS, the Town Board finds it Is in the best interests of the Town and its citizens to adopt the local law, NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW", a copy of which is attached hereto and made a part of this resolution; and it is further TOWN BOARD PAGE 13 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law book of the Town of Ithaca, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York. MOVED Councilman Klein, SECONDED Supervisor Valentino. A vote on the ,motion resulted as follows: ROLL CALL VOTE. Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman. Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 14 — Approval of the Annual Report of the Receiver of Taxes. Supervisor Valentino — The Receiver of Taxes did an outstanding job of collecting taxes this year. Mrs . Noteboom — I would not have been able to do it without my Deputy, Debby Kelley. Supervisor Valentino — This is the highest amount we have collected . Mrs . Noteboom — We collected 97% of the taxes this year. Resolution No. 90 - 2000 ANNUAL REPORT - RECEIVER OF TAXES. WHEREAS, the Receiver of Taxes has presented the final report of taxes collected by her during the year 2000, and WHEREAS, the governing Town Board has reviewed and discussed the said report; n v, therefore, be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby accept for filing the 2000 Final Report of the Taxes Collected by the Receiver of Taxes; and, be it further RESOLVED, the Town Clerk/Receiver of Taxes is hereby authorized and directed to include a copy of the said report in the body of the minutes of the Town Board for this meeting. MOVED Councilman Conley, SECONDED Councilman Klein. A vote on the .motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye. Councilman Klein. aye; Councilman Conley, aye; Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. Additional Agenda Item No. 2 — Submission of Letter of Resignation from .fames Ainslie Member of the Planning Board. — See Attachment #3. TOWN BOARD PAGE 14 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED . APPROVED Supervisor Valentino — Mr. Ainslie has moved into the City of Ithaca . He is no longer eligible to sery an the Planning Board . We need to create an Interviewing Committee . Mr. Kanter — We have one person who was interviewed by the previous Interviewing Committee . He was reviewed favorably, but we decided on another person . We might be able to see if this person is still interested . Councilwoman Grigorov — We will still need to advertise the vacancy. Agenda Item No 9 PUBLIC HEARING : !Consider Resolution on a Proposal to Consent to the Elimination of the Owner Occupancy Reguirement Contained in the Cayuga Vista Restrictive Covenants . Supervisor Valentino opened the public hearing at 6:40 p. m. , and post-posed the public hearing until 6:43 p. m. The Town Clerk had proof of posting and publication. Additional Agenda Item No. 2 Cont ' d. Supervisor Valentino — We need to do a resolution of appreciation . Councilman Klein — We could do it at the next meeting . Mrs . Noteboom — The resolution the board passed a few years ago about selecting persons state that the Town Board would appoint by resolution an interviewing committee . Then the committe would do the search and make a recommendation to the Town Board . We need to appoint the committee . There needs to be two Town Board members and two Planning Board members . Supervisor Valentino — We need to have two volunteers from the Town Board , The Planning Board will need to have two volunteers . We will make the formal designation of the committee at our August meeting . Councilman Niederkorn — I would be happy to serve on the committee . Councilman Klein — I would also like to serve on the committee . We eliminated the agricultural member. The agricultural member was 5 years . Attorney Barney — We rotated Mr . Ainslie' s time into the rotation of the 7 year term . One board position expires each year. He was designated as the agricultural member . The board could still do so if it chose . It is not mandatory. Councilwoman Russell — We need to let our Agricultural Committee know that Mr. Ainslie has resigned . He did represent that point of view on the board that is not otherwise represented . TOWN BOARD PAGE 15 JULY 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Agenda Item No. 9 - PUBLIC HEARING , Consider a Resolution on a Proposal to Consent to the Elimination of the Owner Occupancy Requirement Contained in the Cayuga Vista Restrictive Covenants. Supervisor Valentino opened the public hearing at 6:43 p. m. Town Clerk had proof of Posting and Publication. Supervisor Valentino asked if any persons present wished to be heard. With no persons present to be heard, Supervisor Valentino closed the public hearing at 6:44 p. m . See Attachment #4. Agenda Item No. 10 - SEQR, Related to a Resolution on a Proposal to Consent to the Elimination of the Owner Occupancy Requirement Contained in the Cayuga Vista Restrictive Covenants. See Attachment #5. Resolution No. 91 = SEQR: Resolution on a Proposal to Consent to the Elimination of the Owner Occupancy Requirement Contained in the Cayuga Vista Restrictive Covenants. WHEREAS, this action is the adoption of a resolution on a proposal to consent to the elimination of the owner occupancy requirement contained in the Cayuga Vista restrictive covenants; C WHEREAS, said restrictive covenants, approved by the Town Board, for the Cayuga Vista Townhouses on Vista Lane, require that all owners of units, with the exception of the Sponsor, must have their primary residence at Cayuga Vista Townhouses, and the proposed resolution would eliminate this owner occupancy requirement; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively dete �ined to act as Lead Agency in environmental review with respect to the adoption of m resolutions; and WHEREAS, the Town Board, at a public hearing held on July 10, 2000, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and ll for this action; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED Councilman Conley, SECONDED Councilman Lesser. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye., Councilman Lesser, aye. Carried unanimously. TOWN BOARD PAGE 16 JULY 101 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Agenda Item No. 11 — Adoption , Related to a Resolution on a Proposal to Consent to th Elimination of the Owner Occupancy Requirement Contained in the Cayuga Vista Restrictive Covenants . Councilwoman Russell — Do we need to be more specific in the resolution about where this is located ? It states project off Route 96B . There is not an address given . Attorney Barney — There is only one Cayuga Vista project in the Town of Ithaca . It is numerous amounts of tax parcels . The declaration needs to be amended . There is not a revision for amending it in the declaration . It is up to Eddy Mazza on how to deal with it . At some point they will come back with a document that will have to be signed on behalf of the Town consenting to the change . We do not want to chase people that are not occupying as owners . We do not need a resolution for that purpose because the declaration specifically says that the Town may enforce the obligation imposed , but the Town is not obligated to enforce it . The thought was to send a message to the developer . Councilman Klein — Does it give him the authority to build another 16 units and rent them out ? Attorney Barney — I do not know if he was approved for more units and then stopped at 16 units . Mr. Frost — The developer had an approval for more units and single family residences . The finances turned it . Councilwoman Grigorov — It is possible for him to do more building . Mr. Kanter — He came before the Planning Board a few years ago seeking a modification of the previous cluster approval . He wanted to build single family lots instead of townhouses on the remainder of the property. It required him to go back to the other owners of buildings to get their approval . He has not come back before the board with the approval . Councilwoman Grigorov — Do we want to make it possible now for him to build more rental properties ? We need to consider it . Councilman Lesser — Does condominium ownership imply multiple structures? Councilman Klein — They are individually owned and rented out . Supervisor Valentino — It is our option to enforce it or not . Why do we care? Mr. Frost — We have had complaints from people . Supervisor Valentino — We do not have a mandate to enforce it there . Mr . Frost — We have had complaints regarding property maintenance . We have Local Law, regarding property maintenance . TOWN BOARD PAGE 17 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Supervisor Valentino — We are not violating any law by not enforcing it . It is our option . We were violating our own law by not enforcing Sapsucker Woods . Mr. Frost — We were dragged into it a number of years ago . Attorney Barney wrote letters to owners that were out of State threatening actions . There was a lot of discussion at that time . We did start to take an active role years ago. At the same time we became involved with Sapsucker Woods . Supervisor Valentino — There is one of these restrictive covenants in Eastern Heights subdivision that is to be owner occupied . No one has ever bothered to enforce the covenant . Mr. Kanter — Was it part of the Town approval ? Supervisor Valentino — Yes . Attorney Barney — The Town wants to be out of the loop of chasing people because they are not owners occupying . Councilwoman Grigorov — I do not want to open it up so that the development could be expanded as it is now. Mr. Kanter — It is not expanding the development . It would allow rental units . Attorney Barney — He could build condominiums and then rent them . Councilwoman Grigorov — It is not something that the Planning Board envisioned as being separate from the owner occupancy. Attorney Barney — The Planning Board recommended this resolution . Councilman Lesser — Should we limit this to 16 or the existing buildings ? Attorney Barney — I do not know if the 16 units are what the developer was approved for. Councilwoman Grigorov — I think that we should wait on this . Councilman Niederkorn — What difference does it make if he is building condominiums and rents them or if he sells them ? Councilman Klein — There was the concern by the Planning Board that they did not want an apartment project in this area. It was to be single family housing , owner occupied . The market did not work out that way. We do not want to back track and open the door where they are allowed to do multiple residence in this area . TOWN BOARD PAGE 18 JULY 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Supervisor Valentino — How did they do Deerun ? Councilman Niederkorn — The Deerun Home Owners' Association have a provision in their covenants that they can only rent for a certain amount of time . The Owners ' Association enforces it . The owners do not want to have a lot of renters . Councilwoman Russell — This is different than Sapsucker Woods . Sapsucker Woods is only one unit and the building was owner occupied . The other units could be rented . It was a multiple residential zone . Attorney Barney — We could table the discussion for a month and we can look into it . Mr. Kanter — On April 2 , 1985 , the entire development received Final Subdivision Approval for a 32 - unit subdivision cluster. It comprised of 8 structures containing 4 units each . Councilman Conley — What kind of units ? Are they owner occupied ? Mr. Kanter — They are subject to the deed restrictions . Supervisor Valentino — If we were to remove it , they would not be . Attorney Barney — They would still need to do something on it . It is questionable if they can do legally. I think that they would need to go to the owners and get them to consent . Mr. Kanter — If the board decides to refer this to the Planning Board for further discussion , it probably will not happen until the August meeting . I do not think that further discussion by the Planning Board will change anything . Attorney Barney — I think that the determination is up to the Town Board . There is a potential for up to 16 more units being built and would not necessarily be owner occupied . The board could withdraw the motion to pass the resolution . Then pass a resolution directing the Town Building Code/Enforcement Officer and Attorney of the Town not to enforce the restrictive covenant of owner occupancy until further direction by this board . The motion was rescinded. Resolution No 92 - Resolution Restrictive Covenants Cayuga Vista Proiect - Route 96B. WHEREAS, when the Cayuga Vista project off of Route 96B in the Town of Ithaca mvlas approved several years ago, the Town Board approved the by-laws and Declaration of Restrictive Covenants which documents included a provision limiting the ability of a unit owner to lease the unit for, in most instances, a period of over twenty-four months in any five year period, and TOWN BOARD PAGE 19 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED WHEREAS, over the years since such approval, market conditions and market prices . have made it difficult for the units to be sold subject to such limitations; and WHEREAS, the Town Planning Board has recommended that the owner-occupancy limitation referred to above be deleted, and WHEREAS, this Town Board believes it is not in the best interests of the Town to enforce such covenants at this time; NOW, THEREFORE, be 0 RESOLVED, that until further action of this Town Board the Director of BuildinglZoning and the Attorney for the Town are requested not to enforce the restrictive covenants in Cayuga Vista requiring owner occupancy, and be it further RESOLVED, that a copy of this resolution be delivered to the remaining Developer of the Cayuga Vista project, Edward Mazza. MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye., Councilman Lesser, aye. Carried unanimously. OTHER BUSINESS : Supervisor Valentino — I would like to cancel the July 31s' priorities meeting . We could limit the August agenda . We could spend part of that meeting working on the capital plan . Councilwoman Grigorov — i will not be here for the August board meeting . Supervisor Valentino — It would have been difficult to have a special meeting with the move to the new building . Agenda Item No. 12 — Set Public Hearing Date to Consider,___" LOCAL LAW REDUCING OR ELIMINATIG THE COMMERCIAL REAL ESTATE TAX ABATEMENT UNDER SECTION 45B OF THE REAL PROPERTY TAX LAW" . Attorney Barney — It is policy decision if the Town Board wants to follow the State law or change the law. In researching , the Town can setup through an Industrial Review Board , a mechanism for limiting the types of commercial development . It could be limited to gas stations or retail stores . It is unclear what happens if they make a recommendation that the Town does not agree with . Councilman Niederkorn — How does the Local Law relate to the Tompkins County Area Development . or Industrial Development Agency? They also have the authority to grant tax abatements . TOWN BOARD PAGE 20 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Attorney Barney — They have the authority to grant it , but it is independent of the Town . Councilman Niederkorn — They could grant the exemptions if they chose . Attorney Barney — They usually require a payment of in lieu of taxes equivalent to what you have to pay for taxes . They take into account whether a municipality has or has not altered the same regulations . If someone is developing a big box store in Ithaca that would qualify for 50% abatement and the Town has not changed it , the IDA would require a payment of taxes minus the 50% . Supervisor Valentino — They did not do it with Ithacare . Attorney Barney — I am not sure if Ithacare is a charitable organization . It would be a different tax issue . Supervisor Valentino — The Town of Ithaca real property tax is extremely low. Fire tax and the other taxes that they are going to have to pay the full amount of are bigger tax. I do not think that this abatement law giving them 50% abatement would influence if someone would build in the Town of Ithaca . I do not feel strongly that we need to give anyone a 50% reduction . The little tax money that we receive , we deserve . We have been doing a good job keeping the taxes down . Councilman Klein — Is this law on the books for us now? Attorney Barney — The State Law is on the books now. The board has to take affirmative action Local Law to alter it . Councilman Klein — It applies to the County tax and school tax. Supervisor Valentino — The school passes their own . This is just for the Town of Ithaca . Councilman Klein — Are there any properties in the Town that are taking advantage of this? Attorney Barney — Altera is taking advantage of the tax abatement . Councilwoman Russell — How did they qualify? Supervisor Valentino — Some of the units are for Alzheimer' s patients . The other units are for able- bodied people . I do not think that they should have qualified . The County decided that they do . Councilman Lesser — What was the school board decision ? Supervisor Valentino — I do not know. Councilwoman Grigorov — The City is working on their tax abatement . TOWN BOARD PAGE 21 JULY 10 . 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Attorney Barney — The Village of Lansing adopted legislation shortly after its incorporation of not granting the abatement . Supervisor Valentino — What has the County adopted ? Attorney Barney — The County Assessment Department acting as the Town Assessor gave the exemption . Therefore , we have not changed our law. They might have done it for the County. Mrs . Noteboom — If we do not do anything anyone can apply for it . We need to have a Local Law. Councilman Lesser — I would support a Local Law eliminating the tax abatement . Supervisor Valentino — I would also be in favor of eliminating it . Councilwoman Russell — We are allowed to give exemptions to certain businesses. There is a different schedule of exemptions for those businesses . Supervisor Valentino — The people that set up the programs do a good job . I do not think that we should be in the middle of that process . Councilman Niederkorn — This is an incentive for development . We have a lot of restraints on development . It is a contradiction in policy. Councilwoman Russell — I disagree . We would like to see certain businesses located in our Industrial, Zone . Supervisor Valentino feels that it will not make any difference. Supervisor Valentino — The property tax is low. The fire tax is the high tax . Everyone is going to have to pay the fire tax. We should set a public hearing . It should be held at the September 11 , 2000 meeting at 6 : 30 p . m . The public hearing is to eliminate the commercial real estate tax abatement . Resolution No, 93 - PUBLIC HEARING DATE Proposed "LOCAL LAW REDUCING OR ELIMINATING THE COMMERCIAL REAL ESTATE TAX ABATEMENT UNDER SECTION 45B OF THE REAL PROPERTY TAX LAW". BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a pubic hearing to be held at the regular meeting of the Town Board on September 11 , 2000, at 6:30 o 'clock p. m. , in order that the Town Board may consider a "LOCAL LAW REDUCING OR ELIMINATING THE COMMERCIAL REAL ESTATE TAX ABATEMENT UNDER SECTION 45b OF THE REAL PROPERTY TAX LAW". MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Groorov, aye; TOWN BOARD PAGE 22 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein, aye, Councilman Conley, aye; Councilman Niederkorn, aye: Councilman Less aye. Carried unanimously. Agenda Item No. 13 - Recreation Partnership Agreement . Supervisor Valentino - We do not need to discuss this item . When we put this on we thought that there would be a problem with the agreement . We have a meeting Wednesday. It looks as if we are going to be able to move forward and reach an agreement . Agenda Item No. 15 - Payment of Expenditures for the lacovelli Park Improvements. Mr. Noteboom - We are starting work on lacovelli Park. Mr. Carvill pointed out that we did not have board authorization to spend the money out of the capital fund . Supervisor Valentino — We put the money in the capital fund , but have not released it . Resolution No. 94 = Approval of Expenditures - lacovelli Park. WHEREAS, the Town Board established the " Vincenzo lacovelli Neighborhood Park" Capital Project Fund by Resolution 145 on September 8, 1998; and WHEREAS, the Highway Department has been constructing the " Vincenzo lacov Neighborhood Park " along the South Hill Trail and has been incurring expenses related to the sa construction; and WHEREAS, it is necessary that the Town Board authorize the transfer of funds from the said " Vincenzo lacovelli Neighborhood Park" Capital Project Fund in order to meet these said expenditures, now, therefore, be it RESOLVED, that this governing Town Board approves, authorizes and directs the Town Supervisor, Highway Superintendent, and the Town Budget Officer to record and transact any necessary budget amendments and transfers as deemed necessary and appropriate to the " Vincenzo lacovelli Neighborhood Park" Capital Project Fund to meet the expenses for the construction and improvement of the said park.; and be it further RESOLVED, said budget amendments and transfers shall not exceed the amount of S64, 998. 33. MOVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye, Councilwoman Russell, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No 16 - Approval of Driveway Repair Policy. See Attachment #6. TOWN BOARD PAGE 23 JULY 107 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Noteboom — We discussed this at the Public Works Committee meeting . We have a draft policy. We brought it before the board to make it standard operating procedures . Supervisor Valentino — This is the procedure that we have been operating under. Councilman Niederkorn — Is this related to the person who came before the board to complain about the repair job done to his driveway by the Highway Department ? Mr . Noteboom — Yes . Supervisor Valentino — We did fix his driveway. He is very happy about it and it did not cost the Town any money. Resolution No. 95 - Approval of Repair of Driveways Policy and Procedure. WHEREAS, the Public Works Committee has reviewed the Repair of Driveways Policy and Procedure on June 27, 2000; and WHEREAS, the Public Works Committee is recommending to the Town. Board to approve and adopt the attached copy of the Repair of Driveways Policy and Procedure; now.. therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the said policy and procedure defined in the attached copy; and be it further RESOLVED, the policy and procedure shall be in effect July 10, 2000, MOVED Councilman Niederkorn, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkom, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 17 — Approval of Culvert Repair Policy. See Attachment #7. Councilman Klein — We tried to make the language more clear. We tried to make it straightforward . The homeowner pays for it and has the Highway Department install it . The homeowner pays for the pipe and reimburses the Town for the materials . Councilman Lesser — Why is a 30 foot piece of pipe the minimum ? Mr. Noteboom — In many driveways they put in 20 foot pipes which means people end up backing in the ditch when they are turning the corner at the radius of the driveway from the highway. We explain that the driveway is too narrow, and after they put headwalls on the driveway edge . Headwalls are a problem in our right-of-ways . TOWN BOARD PAGE 24 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein — It does not mean 30 feet of asphalt . There will still be grass over the pipe . Mr. Walker — The driveway is 18 feet . The ditch is 2 . 5 feet deep . The 2 : 1 slope is stable . There is slope away from the driveway that comes out of the bottom of pipe . If the pipe is shorter than that , there is a vertical drop-off . Councilman Niederkorn — Could there be a situation where it was not possible to install a 30 foot pipe? Mr. Walker — It would be a physical constraint in the ditch itself . Councilman Klein — What if the driveway is on the property line ? Mr. Walker — It is still in the Town right-of-way. There is no place it would be a problem as long as it is in the Town right-of-way. It might be a problem if it is at the dead end of the highway right-of-way. We always have a turn around for it . Attorney Barney — The board might want to add a provision that authorizes the Town Highway Superintendent to deviate from the policies for special circumstances . Councilman Klein - I think that it should be done with the culvert policy. I do not think it should b done on the driveway policy. Supervisor Valentino — We can deviate from the policy. We are not legally bound . Attorney Barney — If the Town has a driveway policy that defines " restoration " , and the Town restores a driveway differently than set forth in the policy, I will have a difficult time defending the Town: in court . Supervisor Valentino — What will we need to add to the policy? Attorney Barney — it should include a statement , "that if special circumstances warrant , the Town Highway Superintendent is authorized to deviate from the requirements to fit the circumstance". Councilman Klein — I do not agree with including that statement in the driveway policy. Supervisor Valentino — There is a procedure for existing culverts needing replacement . I was considering new driveway culverts at that point . I was thinking about subdivisions . There is a section for dealing with subdivision approval . The way that it is worded causes a conflict . It could be interpreted to mean development or subdivision . Mr . Noteboom — We do not want to go into a new development and have to put new culvert pipes in . Supervisor Valentino — The subdivision section is clear. TOWN BOARD PAGE 25 JULY 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPRO141ED r. Noteboom — We sometimes accept Town roads sometimes before the development is entirely uilt . If they build the road , we can have them put the culvert pipes in the way the policy is written . Mr. Walker — Peach Tree Lane is a new development , but we have been maintaining the road for three years . Saunders Road is another example . Mr, Noteboom — Whoever builds the house is required to put the pipe in . Mr . Walker — When we approve subdivisions we do not approve actual building footprints or site design . If we were to set the location of the driveway and require the contractor/developer to install the driveway it would limit site design . Supervisor Valentino — We could eliminate new driveway culverts out of this section . We could include it in the section with new subdivisions . Councilwoman Russell — How much would it cost the homeowner to have this done ? Mr. Noteboom — It depends upon the size of the pipe . It is about $200 or $300 . They pay for the material . We do not charge them for the equipment and labor. This is to be a shared expense . We began these discussions because of some of the drainage problems in the past . We want to see the drainage work and they want access to the property. Councilwoman Russell — Are we going to do this on all roads in the Town or just Town roads ? Mr. Noteboom — We are only doing this on Town roads . Councilwoman Russell — Where is it mentioned ? Mr. Noteboom — It is listed under " Board Procedure" . Attorney Barney — The policy indicates that the owner is billed after installation . It has been easier in the past to get the money before we do the work . Mr. Noteboom — The only reason we do that is because we are not sure how much backfill we will need . Councilwoman Grigorov — Have you had trouble collecting the bill payments ? Mr. Noteboom — No . Supervisor Valentino — Could we put it on their tax bill if they don 't pay? Attorney Barney — We would need to pass a Local Law allowing that to be done . TOWN BOARD PAGE 26 JULY 10 . 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein — Wouldn 't it need to be paid with the permit fee? Mr. Noteboom — We have never asked for it to be paid ahead of time . We have never had a problem . Mr . Walker — It could be done in the same fashion as subdivision and site plan applications . We charge the application fee . The applicant would put $500 in an escrow account and then we would reimburse them after it is done . Councilman Lesser — I think we should leave it the way it is . Mrs . Noteboom — The statute and local law states , "the Town Clerk is to collect all permit fees" . If a check bounces , our local law gives me authority to get the money. Supervisor Valentino — We will need to change the address of where the checks are mailed . Resolution No 96 - Approval and Adoption of Driveway and Culvert Pipe Policy and Procedure. WHEREAS, the Public Works Committee has reviewed the Driveway and Culvert Pipe Policy and Procedure on June 27, 2000; and WHEREAS, the Public Works Committee is recommending to the Town Board to approve a adopt the attached copy of the Driveway and Culvert Pipe Policy and Procedure; now, therefore be . RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the said policy and procedure defined in the attached copy as amended by adding Number 7 to the Procedure Section to read as shown below; and be it further `9f special circumstances warrant same, the Town Highway Superintendent is authorized to deviate from the above requirements as may be reasonably necessary to accommodate such circumstances. " RESOLVED, the policy and procedure shall be in effect July 10, 2000. !LOVED Councilman Lesser, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No 16 — Driveway Repair Policy. Councilman Klein — I do not think the liability is great . If the Town were to dig up my driveway , I would want it replaced exactly the way it was . Mr. Noteboom is a responsible person . Subs egue : Highway Superintendent' s might not have the same viewpoint as our current High �v TOWN BOARD PAGE 27 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Superintendent . They might be cavalier about it . Then an angry homeowner confronts us because the Highway Superintendent did not use the best judgment . Attorney Barney — I understand that view point . In all ventures , if you are defending something from an institutional standpoint, policy is thrown into the argument if it was not followed . Then there is a decision that did not go in your favor. Councilman Klein — I think that the Town Board could waive the policy. I do not want to put it into the policy. Attorney Barney — I would like to see language in the policy that gives someone the authority to say it does not have to be done under every circumstance . Councilwoman Russell — The Highway Superintendent could come before the Town Board . Supervisor Valentino — I do not like the statement , "that the Town will restore driveways equal to , or to conditions superior". Why would we want to say that ? We only need to state that we are doing the driveways equal to previous conditions . I would like to take out superior conditions . Councilman Niederkorn — I think that we need to make a new motion . Supervisor Valentino — We need to make a motion to amend the previous resolution . Attorney Barney — We need to amend the policy relating to the restoration of driveways . We need to add a provision that if special circumstances warrant , the Town Highway Superintendent with the approval of the Town Board may deviate from the above requirements . Supervisor Valentino — The other change is on Procedure #2 , fourth line , to remove to , or to conditions superior. Attorney Barney — We need to add the statement , at least equal to Supervisor Valentino — My neighbor has an expensive driveway done with brick . Mr. Noteboom — When we repaved Eastern Heights Drive , we talked with the residents . They chose to pull up their pavers , let us pave the road and put them back in . It was their decision . I was not expecting to see it happen . Resolution No. 97- Amendment to Resolution No. 95 Approval/Adoption of Repair of Driveways Policy and Procedure. BE IT RESOLVED, that Resolution No. 95 is hereby amended to read; TOWN BOARD PAGE 28 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVVED "WHEREAS, the Public Works Committee has reviewed the Repair of Driveways Policy an Procedure on June 27, 2000, and WHEREAS, the Public Works Committee is recommending to the Town Board to approve and adopt the attached copy of the Repair of Driveways Policy and Procedure; now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the said policy and procedure defined in the attached copy as amended by changing Procedure Number 2, fourth line, to read, "will restore driveways at least equal to conditions which existed prior to construction "; and by adding an additional Number 4 under "Procedures" to read, "'if special circumstances warrant same, the Town Highway Superintendent with the approval of the Town Board, is authorized to deviate from the above requirements as may be reasonable necessary to accommodate such circumstances. " RESOLVED, the policy and procedure shall be in effect July 10, 2000, MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein; aye; Councilman Conley, aye; Councilman Niederkorn, aye, Councilman LesserAk aye. Carried unanimously. Agenda Item No 18 — Route 366 Bridge Reconstruction Proposal . Mr. Noteboom — We have discussed this at Public Works . Our attempt is to help the State come to a better design . One option we discussed was to make Judd Falls Road one-way south for a trial period . We had a T- Model at the last meeting that gave us some information . It was not adequate information . It only included p . m , peak hour. We are proposing to take traffic counts for a few months to see how this might work . Councilwoman Grigorov — Has Cornell commented on this? Mr . Noteboom — Yes . They were at the meeting . Councilman Lesser — How would this help the situation ? Mr. Noteboom — The left- hand turn crossing Route 366 would be eliminated . Councilman Lesser — This is at the existing location . It has problems , but it is not site distance problems where it is located . The site distance issue was if it were moved further east . Councilman Klein — It is also to disperse some of the traffic to campus . TOWN BOARD PAGE 29 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr . Kanter — It is to improve safety. Councilman Lesser — Why is it any less safe there than if they turn left further up this hill at the main entrance? Mr. Noteboom — There is better site distance at Tower Road . There is a light at Caldwell Road , Councilman Lesser — Much of the traffic is going onto or across the campus . They are unlikely to go up to the light . Mr . Noteboom — Traffic will either travel Coy Road or Tower Road . It appeared from the model that most of the traffic was campus bound traffic. Councilman Lesser — Traffic is not going to be using Judd Falls Road at that point . Mr. Noteboom — Part of the problem is that they have considered the Judd Falls offset intersection as a problem area . Councilman Lesser — What is expected to be improved if it is made one way? Mr. Noteboom — It might be a safer situation for pedestrians and vehicles . Councilwoman Russell — There are situations when the left- hand turn lanes are conflicting with one another. There is too much stacking happening at one time . Supervisor Valentino — Did you consider closing that portion of Judd Falls Road ? Mr. Kanter — Cornell is hesitant to pursue that course of action . Mr. Walker — A public road would be dead-ending into a private road . Tower Road and Campus Road are private roads . If we were going to make it one way, it would need to be stopped before the Plantations . We could abandon the road from Forest Road to the campus . Supervisor Valentino — There are a lot of questions about what happens at that intersection . They are suggesting we try this to see what happens . This will give us feedback. Councilman Lesser — Have you looked at what would happen at the Tower Road and Judd Falls Road intersection ? In the morning traffic can balance. Some traffic comes up Judd Fails Road . Some traffic comes down Caldwell Road , Mr. Noteboom — The T-model has modeled various options . They are all at p . m . peak hours . We do not know how accurate the information is at this point in time . Councilman Niederkorn — Could we model a . m . traffic? TOWN BOARD PAGE 30 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Noteboom — We do not have any data to model it . This would give us data to see how accura the model is . Mr . Kanter — Mr . de Argon liked the idea of the test closing . It would help him to further calibrate and confirm his model . We need to get a . m . data before change and during change . Mr. Noteboom — We need to make sure we collect the data in the timeframe after school opens . We have a short timeframe to do this . We have to do the traffic counts before we make it one way south . Then we have to put this in operation and take counts. Councilman Klein — We could do the traffic counts in September. Then we could make it one way south in October and November. Mr . Kanter — The program for the counts need to be figured out . Supervisor Valentino — The resolution states the road would be one way from September 4 S to November 1 . Councilman Lesser — The data needs to be collected in September. Then once the data is collected it is appropriate for the board to make a decision at that point . Mr. Noteboom — We have not worked out the exact dates . ad . Councilman Niederkorn — The State will continue with their design to move the road . Councilman Lesser — The State' s main concern is replacing the Route 366 bridge . They feel it is deteriorating badly. They look at these other matters as a separate project . They are pressing to move ahead with it . Supervisor Valentino — Does the board want to leave the dates as they are in the resolution ? Mr. Noteboom — I would like to leave the dates in the resolution . Councilman Lesser — I am not willing to pass a resolution that turns the road into one way until we collect the data and do the analysis . It is the reason we have the models . Mr. Kanter — I think if the Town Board indicates support for the trial run , it will help the State to pursue the design that does not include moving Judd Falls Road further eastward . It will take time in getting the State's cooperation . There is a small window of opportunity to do counts or testing during the school year. We will need the help of the State to do the testing . If we do the test , the State might consider adding a turning lane at Tower Road to further test when that turning movement becomes the main one onto campus . We do not have time to take the data and then come back to the board . We would not be able to come back until October to do so . We need to get an agreement to procee with the idea . TOWN BOARD RAGE 31 JULY 10, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Noteboom — The State is proposing to spend $ 1 . 5 million to replace the bridge . There are other things that they could do to enhance the area . They are out of ideas . We are attempting to help them generate better ideas . Councilman Lesser — We were told that the interest by the State at this time is the bridge . The reconfiguration and replacement of Judd Falls Road was to be a separate project . Supervisor Valentino — It was one person 's opinion . The project they have on the books is the road being changed . Mr . Kanter — We are waiting for the State to do something and the State is waiting for us to do something . If we do not do something , nothing will happen . Councilman Klein — We could extend the time period until December 1 $t. . Mr . Noteboom — Snow plows put a lot of wear and tear on the counters . We are really limited . Councilman Klein — We need to do the counting in September. We can change the road in October and November. We could even make it a six-week period . Councilman Lesser — This is a systematic procedure in the Town for collecting traffic flow data . We should have data to do this . We should know right now what would happen . We are making blind decisions . If there is a problem and we are criticized , we deserve it . Councilman Klein - The road will not be closed until October. Councilwoman Russell — Signage would help in telling people that it is a temporary situation . Supervisor Valentino — We close roads for repairs . Mr. Kanter — We will need to notify the public. Resolution No. 98 - Temporary One WaY on Judd Falls Road Southbound. WHEREAS, the New York State Department of Transportation (NYSDOT) is proposing to rebuild the bridge on Route 366 over Cascadilla Creek; and WHEREAS, the NYSDOT is still in the Design Phase; and WHEREAS, the Town of Ithaca has NOT been pleased with the designs set forth; and WHEREAS, the Town of Ithaca would like to run a trial period from September 1 , 2000 to November 1 , 2000 to first collect data and then temporarily make Judd Falls Road from Campus Road to Route 366 a one- way road southbound; now, therefore be it TOWN BOARD PAGE 32 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED RESOLVED, the Town Board of the Town of Ithaca is in agreement with the Nighty Superintendent's decision to temporarily make Judd Falls Road from Campus Road to Route 366 one- way road southbound for the period September 1 , 2000 through November 1 , 2000, MOVED Councilwoman Russell, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser nay. Motion carried. Agenda Item No. 19 — Authorization for Demolition of Structure at 339 Stone Quarry Road ; Approval to Hire Contractor (or Use Highway Personnel ), to Perform Demolition . Mr. Frost — Mr. Noteboom has done a survey of the building . There are asbestos shingles on the building . I have called the Department of Labor and the State asbestos expert . He advises us that we should not have any public employee touch anything involving asbestos . We should contract out for the removal of the material . Once the material is removed , then we could use our personnel . Councilman Klein — I think that it would be easier to contract the demolition . Mr. Noteboom — I do not have anyone trained to remove asbestos . Mr. Frost — The homeowner has contacted me . She acknowledged that we were proceeding with th demolition . She wanted some items removed from the building . Supervisor Valentino — What will it cost to do the demolition ? Mr. Frost — I do not know. Mr. Walker — It will start at about $20 , 000 . 1 had two days of asbestos removal at the Town Hall . It cost $3 , 000 . This was a very little amount . Mr. Frost -- If the homeowner was doing the demolition herself, she would not need any permits . Once the property owner is not involved , the law changes with regard to asbestos removal . Mr . Walker — The contractor the homeowner hired would be covered under the Department of Labor requirements . Attorney Barney — We might need to solicit bids . Councilman Klein — It is easier to remove asbestos on the outside than on the inside . Attorney Barney — There is a question of whether or not the property will be foreclosed by the County for not paying the taxes . TOWN BOARD PAGE 33 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Walker — The County should take care of it . Attorney Barney — The County is waiting to see what we do . Supervisor Valentino — We could negotiate with the County. Attorney Barney — I think that we should get some bids so that we know the amount . Supervisor Valentino — We need to write some bid specifications . Attorney Barney — The resolution should authorize the Director of Building/Zoning with the Assistance of the Director of Engineering to do whatever necessary to solicit proposals for the removal of the building at 339 Stone Quarry Road . Resolution No. 99 - Authorization to Solicit Proposals for the Demolition of Structure at 339 Stone Quarry Road. BE IT RESOLVED, that the Director of Building and Zoning, with the assistance of the Director of Engineering, is hereby authorized and directed to solicit proposals for the demolition of the structure at 339 Stone Quarry Road, Ithaca, New York; including removal of any asbestos found on such property; and, be it further RESOLVED, that the Director of Building and Zoning is to report to this Town. Board the responses to such solicitations for acceptance by this Town Board. MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser , aye. Carried unanimously. Agenda Item No. 20 — Easement Related to the Eddvs' Property. Attorney Barney — We have not received anything from their attorney. Agenda Item No. 21 — Approval of Purchase of Audio/Recording Equipment for New Town Nall Mr. Walker — We have received two proposals . There is a third proposal pending . I did not receive it in time for the meeting. The range is from $ 18 , 000 to $9 , 000 . The $ 17 , 000 proposal includes 22 microphones and automatic microphone mixers . It is a nice feature because it only lets one microphone work at a time . Councilwoman Russell — Where would the microphones be located ? . TOWN BOARD PAGE 34 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Walker — There are 15 seats at the board table . They recommended one microphone p person . CAP Audio has done a lot of public address systems for Cornell . They are getting the proposal ready. The other is from a provider out of Waterville , New York . They are proposing 10 microphones for the board table . We would be sharing microphones . There would not be an automatic mixing board . I am not sure if it would work as well . I think that we can get a system for about $ 10 , 000 . We can eliminate some of the microphones. In the 22 microphone system we were anticipating 16 microphones for the board and 6 microphones for the justices . We will not be using the room for both functions at the same time . We can share microphones . The microphones will be locked up . Councilman Klein — Do we have jacks in the floor to plug the microphones in ? Mr. Walker — There is a poke through under the board table . There would be input jacks under the board table . The public speaking microphone would be directly in front of the table . The cable would be running on the floor. If it became a problem , we have the option of wireless microphones . The public would not be approaching the table . There would not be any traffic in front of the microphone . Mrs . Noteboom — Where are you going to propose that the microphones be locked up ? Mr . Walker — We are looking at a wall- mounted rack with storage underneath for the microphones . I think that we can negotiate a purchase for $ 10 , 000 . I am asking the board for authorization budget $ 10 , 000 for the sound system . Councilman Lesser — Are the systems expandable? Mr . Walker — Yes . The Shear System can have up to 32 microphones . The other system has the capability of up to 20 . Mrs . Noteboom — Would it be possible to have each company test it in the boardroom for 2 or 3 months before the Town Board authorizes such expenditure ? It is a lot of money. We do not know after we have the furniture in the room how the acoustics will be impacted . Mr. Walker — I did not approach them with the option . The one company with the higher price does do sound amplification for specific conventions . They may have some systems they could bring in temporarily. I do not know if they would do it for free . Supervisor Valentino — The higher price company wanted a lot of money up front . Councilman Klein — I think that there should be guarantees and warranties . Supervisor Valentino — We will need to have an agreement with them . Councilman Klein — Are we going to be taking the same recorder? TOWN BOARD PAGE 35 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED r. Walker — The higher bid had a new recorder included . They are higher quality recorders . They do have a court recorder. It is specifically for recording voice . Councilwoman Grigorov — We could get a new recorder at a later date . Mr. Walker — We have three recorders that work. The recorders will not amplify. Councilman Klein — Could we share a recorder with the court? Mr. Walker — We are proposing to have two separate tape recorders . There is space under the judge's bench for the equipment . We are not sure they are going to record all their sessions . They want the capability to do so . Mr. Frost — Has anyone proposed digital recording? There might be a trade-off of spending money on a digital recorder and needing less microphones and mixers because of superior recording quality. Mr. Walker — Digital recording is a function of what happens after the signal gets into the box. Mr. Frost — The quality of the ability of the machine to record might off set the quantity of microphone and mixers . Councilman Niederkorn — Are the three vendors local ? Mr. Walker — Two of the three vendors are local . There is another consultant recommended that is out of Syracuse . Supervisor Valentino — Did we advertise for bids ? Mr. Walker — No . I solicited the bids . We will be using this equipment for the August meeting . Councilman Lesser — We could have more information at the August meeting . Mr . Walker — Yes . Mrs . Noteboom — Are we comparing apples with apples ? The reasons why we have bids are so that we have specifications written . People are able to see exactly what is to be bid on . They bid on exactly what is written . Councilman Lesser — Could we tell the vendors how many microphones we want when we solicit the proposals? Mr. Walker — The microphones for a public meeting room are touchier than other systems . Councilman Niederkorn — We need to tell the bidders how much we want to spend . TOWN BOARD PAGE 36 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Frost — There is an advantage to staying locally. It would be easier for repairs . We ha businesses in the Town that would be capable of supplying the system . Agenda Item No. 22 — Award of Bid for Professional Cleaning Services . See Attachment #8. Mrs . Drake — We sent the bid specifications out to 6 companies . We received bids from 4 companies . I called the references on the 6 companies . I did not receive any bad references . Supervisor Valentino — Mike's Cleaning Services did the wax and cleaning job in the basement of the New Town Hall , Mr. Walker — They did a good job on the floors . I am concerned about liability. They were disorganized the first day. They did not get here until 6 hours after they said they would . Once they were here, they knew what they were doing . He had very good recommendations from other people in Town . Councilwoman Russell — What are your liability concerns? Mr. Walker — I am concerned about their reliability. Councilman Klein — Could we fix the rate for 12 months , but do a 3 month trial period ? Mrs . Drake — We need to fine tune what we want . We asked for bids on 2 , 3 and 5 day cleanin We do not know what we need . Most companies feel that we will need more cleaning in the wint than in the summer. They do not have a problem with adjusting the days as we need them . We might need 5 days per week from November to March . Then we could cut the days back as we get into spring and summer seasons . Supervisor Valentino — I would like to have them come in 3 days per week. Mrs . Drake — We can start out with more service and then fine-tune it from there . It would be easier to start out with more than with less . Councilman Niederkorn — Supervisor Valentino , what is your recommendation ? Supervisor Valentino — I feel that we should start with cleaning for 3 days per week . They buff the floor and clean the windows twice per year. Councilman Klein — Is this nighttime cleaning ? Mrs. Drake — They would start after 9 p . m . and be done prior to 7 a . m . TOWN BOARD PAGE 37 JULY 107 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11, 2000 - APPROVED - APPROVED - APPROVED Mr. Walker — I think that part of the problem was that this was an extra job for them . We needed to have the floors waxed before we put the shelving in . I think that they will be very reliable when they have a regular crew set . Mr. Kanter — Do we know how many people are in the crew? Mrs . Drake — It will depend upon how many days we have and what we have them do . Councilwoman Russell — What about security issues? Mrs . Drake — They will be bonded . They have insurance . I have the Certificate of Insurance . Supervisor Valentino — We have spaces that we can lock. Every employee will have an area with a locked drawer. The board can authorize to spend more . If the 3 days are found to be inadequate , then we can increase the cleaning service without coming back before the board . Resolution No. 100 - Approval of Commercial Cleaning Proposal WHEREAS, the Town has received four proposals for commercial cleaning of the new Town Hall; and WHEREAS, the Town Board has reviewed the said proposals; now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve awarding the commercial cleaning contract for one year to Mike 's Cleaning Service; and, be it further RESOLVED, the Town Board authorizes Supervisor Valentino to enter into a contract, which, shall not exceed $ 15, 000 to be expended from account number A 1620. 412. MOVED Councilwoman Russell, SECONDED Councilman Lesser. A vote on the motion resulted as follows; Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Crigorov, aye; Councilman Klein. aye; Councilman Conley, aye, Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. Agenda Item No. 23 — Change Orders Related to the Renovation of the New Town Hall Mr. Walker — We are negotiating changes in progress . We had a problem with our railing system . The very detailed , intricate design that included laser cut steel plate and little steel balls welded together does not work . We have received a credit back from the contractor. Out of the $7 , 500 estimate he had for manufacturing it, we are receiving $2 , 500 back to leave the details out . We are going to have a smooth top rail ; a rail 5 inches below and vertical rails to the bottom . TOWN BOARD PAGE 38 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11, 2000 - APPROVED - APPROVED - APP.ROVED Supervisor Valentino — Our architects agreed with us . It was clear once they looked at it that th had not thought through it cannot be fabricated anymore . They were looking at old designs . Councilman Klein — Why are we only getting $2 , 500 back ? Mr. Walker — The $7 , 500 included the entire railing . The railings will be consistent with the ramp . The top bar is a 1 . 5 inch diameter. The top solid rod will be an open space . Mrs . Noteboom — How big is the open space? Mr. Walker — It is about 5 inches . Supervisor Valentino — We need to make sure that little heads will not get stuck . It needs to be less than 4 inches . Mr. Walker — The space between the vertical bars is less than 4 inches . We can make sure that space above is the same . Agenda Item No 24 Hiring Consultant to Monitor the Cornell University Lake Source Coolinq Proiect. Mr . Kanter - The memorandum was an update to the board . We have one consultant without loin any interviews . There were various reasons . We have one very qualified consultant . I sent th materials to our sub committee . I am hoping that we can get together to go over the material . Wou ; we feel comfortable inviting the one interested firm in for an interview? We asked them to submit additional information and details . They provided exactly what we asked for. Supervisor Valentino — I think that it is a good idea . Councilman Niederkorn — What is the timeframe ? When do we need to have a consultant? Mr. Kanter — I looked at the original agreement with Cornell . It setup the finances for hiring the consultant . It says that the consultant can be hired at the time of the issuance of the Certificate of Occupancy or at the start up of the Lake Source Cooling system , whichever is later. It is possible that Cornell University might be starting up the system before they will get a full Certificate of Occupancy. Councilwoman Russell — They have started the system . Mr. Kanter — I think that they have a lot to do before they are given the Certificate of Occupancy . We need to call the firm for an interview if we are interested . This firm would like to review all the materials and the monitoring system that New York Sta Department of Environmental Conservation set up . They feel that there might be some addition TOWN BOARD RAGE 39 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPRO 41ED monitoring that they might recommend that New York State Department of Environmental Conservation did not put in their permits . It sounds like they would be able to start doing it as soon as we start . We need to ask for their fees. Councilman Lesser — Do we know how much the fees would be ? Mr. Kanter — I do not know. Councilman Lesser — Do we have the monitoring program specified ? Mr. Kanter — We need to develop the scope of the project. Supervisor Valentino — We need to get the interview setup . Agenda Item No. 25 — Status Report for the Purchase of Development Rights Program. Mr. Kanter — There are no action items requested . We recently received appraisals for 7 parcels owned by 3 different people . It is 387 acres involved with the parcel . The total estimated value is for over $200, 000 . These would involve property rights and acquisition negotiation . They gave a good indication for the average price of the properties. They are coming out to 55 % of the original market value of the properties . I have not followed up with the property owners . I think that we can provide the property owners with the appraisals . One of the properties recently went to auction . It involved a proposed subdivision that went to the Planning Board . Based upon the auction results , it will be coming back to the Planning Board for a slight modification . It is going to be the type of subdivision that would not qualify for the kind of program we are talking about . Mr . Walker — Did one person buy the entire property? Mr. Kanter — Yes . Part of their condition of buying it was that it needed to be subdivided into residential lots . There are some possibilities that we are looking into for grants . One is the State Bond Act and Environmental Protection Fund . The applications are going to be due at the end of August . Mr. Smith and I went to a workshop in Syracuse. We received a lot of information about that process . We submitted a request under a local foundation grant . We heard back that they were interested , but will not be able to consider it until October. In August , we will need authorization to proceed with the State grant proposals . Supervisor Valentino and I went to the last County Planning Advisory Board . The main purpose was to try to get the County to think about getting involved with a similar program . The group seemed interested . We talked with the Agricultural and Farmland Protection Board . They are also supportive . It fits in with a more general countywide interest that has been expressed in other programs . TOWN BOARD PAGE 40 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilwoman Russell — The Revenue Sharing Committee is also discussing ideas such as focusin development within the City and sharing the tax resources . We would be protecting the open space in the more rural municipalities . Mr. Kanter — We have also talked about it with the Regional Sewer Intermunicipal Program that we are working on . It was linked to another grant application that the City submitted on behalf of all the participants under the Quality Communities Demonstration Program . It would also involve wide open space plan and acquisition program . The City is interested in acquiring valuable open space properties outside their area . Councilman Niederkorn — At what point does the new committee we created start looking at the properties? Mr. Kanter — We will need to get the initial meeting underway. It was set up very well . Mr . Frantz put a lot of work into getting the program well outlined and organized . It was very easy to go back and figure out where to look for things and what to look for. The Capital Project Committee talked about submitting a request for putting additional funds into the open space reserve account . We have about $82 , 000 in the account . We talked about the possibility of another $25 , 000 to be put in for the current budget year. I would like the board to consider $50 , 000 for the 2001 budget year. It is going to be helpful to have as much in the resery account as possible . If we are successful in receiving the grant from the State , we could use th money in the reserve to leverage the money from the State . If we do not get it , we will be furth along to get the program started ourselves . _Additional Agenda Item No 3 — Reguest from Carolyn McAvoy, 102 Conifer Circle for Approval to Solicit Wares Along Route 13 in the Town . Mrs . Noteboom — Carolyn McAvoy called this morning . She would like to get a peddler and solicitor' s license for selling merchandise on the side of the road . She wants to sell decorative household items and put a table in the pull- off area after Buttermilk Falls , Tompkins County Sheriff' s Department on behalf of the Town issues the peddler and solicitor's permits . The Sheriff' s Department said that they would not issue one unless the Town Board gives them a letter giving Ms . McAvoy permission to sell items on the side of the road . Mr . Frost — It is contrary to what the Zoning Ordinance would permit in the area . Supervisor Valentino — What is the zoning ? Mr . Frost — It is a residential use . It is not permitted . Councilwoman Grigorov — Farmstands are permitted , but not this use . TOWN BOARD . PAGE 41 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Mr. Frost — In the past when we have received such requests we have told them they need to get a fuse variance from the Zoning Board of Appeals . Mrs . Noteboom — This inquiry was sent ' up to your office today and they said that you do not handle these items and sent it back to me . Councilwoman Russell — It is not Ms . McAvoy' s property. Mr . Frost — It is part of Buttermilk Falls State Park. Supervisor Valentino — We are not in a position to offer any type of letter giving her permission . Councilwoman Russell — This passed weekend there were a couple large trucks pulled over on Route 13 in the vicinity of the old McGuire Gardens . There was people set up there with merchandise . It looked like a garage sale that had been moved out to the side of the road . Mr. Frost — We do receive these types of calls . I should be notified if people are selling items on the side of the road . Agenda Item No. 26 — Consent Items : Resolution No 's: 101- 110 - CONSENT AGENDA ITEMS. BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No. 26(a)-26(j) as presented. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye, Councilman Conley, aye; Councilman Niederkorn, aye, Councilman Lesser, aye. Carried unanimously. a . Town Board Minutes — 6/12/000 Resolution No. 101 - TOWN BOARD MINUTES. WHEREAS, the Town Clerk has presented the minutes for the meeting held on June 12, 2000 to the governing Town Board for their review and approval of filing; now, therefore, be it RESOLVED, the governing Town Board does hereby approve for filing the minutes for the regular meeting held on June 12, 2000 with the clerical corrections presented by Councilwoman Russell. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion, resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye. Councilwoman Grigorov, aye; TOWN BOARD PAGE 42 JULY 101 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein, aye, Councilman Conley, aye, Councilman Niederkom, aye., Councilman Lesse aye. Carried unanimously. b. TOWN OF ITHACA WARRANTS . Resolution No. 102 " TOWN OF ITHACA WARRANTS. WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NO. 2093 2205 General Fund $ 119) 938, 90 Part- Town Fund $ 14, 333. 61 Highway Fund $ 82, 823. 29 Water Fund $ 71078. 71 Sewer Fund $ 107, 147. 72 Ithaca Town Hall Capital Project $322, 791 , 77 Lighting District Funds $ 994. 85 lacovelli Neighborhood Park $ 814. 00 Warren Road Water Main Project $ 1 , 575. 00 Risk Retention Fund $ 264. 08 Fire Protection Fund $4590239. 00 TOTAL ABSTRACT. $ 1, 117, 000. 93 MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser aye. Carried unanimously. c . Town of Ithaca " Budget Amendments , Transfers , and Fund Balance" . Resolution No 103 - Budget Transfers and Amendments. WHEREAS, consistently, the Town Supervisor reviews all under and over revenue and expense items in the Town 's 2000 Operating Budget, and t TOWN BOARD PAGE 43 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED WHEREAS, this semi-annual review has disclosed that certain budgeted revenue and expense lines require transfer or amending; and WHEREAS, these findings are detailed for the review, discussion and approval of this governing board; GENERAL TOWNWIDE FUND TO: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Town Board A1010, 410 Conference & Mileage $ 691 . 85 Justices A 1110. 401 Property Rental 100. 00 Supervisor A 1220. 408 Postage 6. 93 Engineering A 1440. 403 Copier Supplies 49. 99 Election Machines A 1450. 400 Contractual 1, 190. 30 Records Mgmt. A 1460, 425 Law Publications 259. 75 . BldgslTown Hall A 1620. 245 Telephone System 51400. 00 BldgslTown Hall A1620. 242 Furniture Refinishing 47000. 00 BldgslTown Hall A 1620. 400 Contractual 39752 BldgslTown Hall A 1620. 411 Maintenance 16724 PrintinglMailing A1670, 403 Copier Supplies 363. 73 Data Processing A 1680. 401 Maintenance 435. 04 Special Items A 1920. 400 Municipal Dues 732. 60 Traffic Safety A3310. 400 Contractual 101 . 38 Highway Garage A5031 . 408 Postage 20. 25 Town Parks -O/T A7110. 102 Overtime Pay 3, 034. 36 TOTAL BUDGET INCREASES: $ 160950. 94 GENERAL TOWNWIDE FUND FROM: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Town Board A1010. 400 Contractual $ (691 . 85) Justices A11 10. 400 Contractual ( 100. 00) Supervisor A 1220. 400 Contractual (6. 93) Engineer A 1440. 400 Contractual (49. 99) Elections A1450. 403 Election Custodians ( If 190. 30) Records Mgmt. A 1460. 400 Contractual (259. 75) TOWN BOARD PAGE 44 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Bldgs/Town Hall A 1620. 412 Grounds Maintenance (397. 52) BldgslTown Hall A1620. 412 Grounds Maintenance ( 167. 24) PrintinglMailing A1670, 412 Newsletter (363. 73) Data Processing A 1680. 200 Hardware (435. 04) Special Items A1910, 400 Unallocated Insurance (732. 60) Special Items A1910. 400 Unallocated Insurance ( 101 . 38) Highway A5132. 416 Garage Maintenance ( 20, 25) Town Parks A7110. 402 Maintenance (31034. 36) Fund Balance A599 Appropriated (9f 400. 00 ) TOTAL BUDGET DECREASES: S(16, 950. 94) GENERAL PART TOWN FUND TO: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Printing/Mailing B 1650. 400 Contractual 59. 95 Data Processing B 1680. 400 Contractual 79. 00 Zoning 68010. 404 Vehicle Maintenance 62. 89 Planning 68020. 415 Consulting 22. 625. 00 TOTAL BUDGET INCREASE: $22. 826. 84 FROM: Printing/Mailing B1670. 402 Copier Paper $ (201 . 84) Fund Balance B599 Appropriated (220625. 00) TOTAL BUDGET DECREASES: $(22. 826. 84) HIGHWAY FUND TO: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Brush & Weed DB5140. 440 Safety & Training $ 322. 25 Miscellaneous DB2705 Culvert Fees 1 , 900. 00 State Aid DB3501 CHIPS 31995, 43 Fund Balance DB599 Unappropriated 15, 895. 43) TOWN BOARD PAGE 45 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED TOTAL BUDGET INCREASE: $ 322. 25 FROM: Brush & Weed DB5140. 410 Conference & Mileage 322. 25 ` TOTAL BUDGET DECREASE: $ (322. 25) WATER FUND TO: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Transmission F8340. 470 Repairs Water Lines .$ 21723. 82 TOTAL BUDGET INCREASE: $ 2, 723, 82 FROM: Transmission F8340. 480 Scheduled Line Maint. $(2, 723. 82; TOTAL BUDGET DECREASE: $(29723. 82 SEWER FUND TO: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Administration G8110. 408 Postage 108. 57 TOTAL BUDGET INCREASE: $ 108. 57 FROM: ACCOUNT ACCOUNT DEPT. CODE DESCRIPTION AMOUNT Administration G8110. 400 Contractual $ ( 108. 57) TOTAL BUDGET DECREASE: (108. 57 TOWN BOARD PAGE 46 JULY 10 . 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED NOW THEREFORE, BE IT RESOLVED, these budget transfers and amendments represent the movement of unexpended budgeted monies as of 6115100 in those budgetary accounts that have exceeded current budget estimates; and, be it further RESOLVED, that this Town Board, approves, authorizes and directs the Town Supervisor to record these budget transfers and amendments as deemed appropriate and necessary to the Town of Ithaca Year 2000 Operating Budgets. MOVED Councilwoman Grigorov. SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. d . SCLIWC WARRANTS . Resolution No. 104 - BOLTON POINT WARRANTS. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment, anqAh WHEREAS, the said vouchers have been audited for payment by the said Town Board; no therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. FUND TITLE VOUCHER NO. AMOUNT Operating Fund 2810 338-393 $ 98, 513. 25 1998 SCADA Capital Project Fund 356 $ 31152. 71 1999 Chemical Bulk Storage Proj. Fund 352-355, 370, 371 , $ 957. 37 375. & 386 MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. e . Fall Brush & Leaf Pick Up Dates . Resolution No. 105 - Fall Brush and Leaf Collection. TOWN BOARD PAGE 47 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED WHEREAS, the Highway Department provides yard refuse disposal services for the Town of Ithaca residents, and WHEREAS, twice annually the Highway Department will collect brush and leaves from roadsides; now, therefore be it RESOLVED, that the fall brush collection will commence on October 10, 2000, until finished; and the fall leaf collection will commence on November 6, 2000, until finished. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. #. Abolishment Cleaner Position . Resolution No. 106 = Abolishment Cleaner Position. WHEREAS, the Town Supervisor, Town Clerk and Human Resources Specialist have evaluated the duties of the Cleaner position in conjunction with the anticipated move to the new Town Hall, and WHEREAS, the said persons have recommended the abolishment of the Cleaner position, and the utilization of a Laborer position which will more closely meet the needs of the Town, since the Town will be hiring an independent cleaning company when moved, now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby approve the abolishment of the Cleaner position, effective September 3, 2000. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye: Councilman Lesser, aye. Carried unanimously. g. Appointment Laborer Position . Resolution No. 107 - Appointment of Laborer Position WHEREAS, the Town Supervisor, Town Clerk and Human Resources Specialist have evaluated the duties of the Cleaner position in conjunction with the anticipated move to the new Town Hall; and TOWN BOARD PAGE 48 JULY 101 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED WHEREAS, the said persons have recommended the abolishment of the Cleaner positio and the utilization of a Laborer position which will more closely meet the needs of the Town, since to Town will be hiring an independent cleaning company when moved; and WHEREAS, Stanley Schrier has been working as the Cleaner, since, September 28, 1984; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby approve the appointment of Stanley Schrier as a Laborer working at both Town Hall and Highway, effective September 3, 2000; and be it further RESOLVED, Mr. Schrier will remain at his present hourly wage, but will be promoted to job classification "D'; and will convert to 32. 5 hours per week in place of 37. 5 hours. Full time benefits apply. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion, resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. h . Abolishment Typist Positions. Resolution No 108 - Abolishment of Two Part-time Typist Positions. WHEREAS, Justice Larkin and Justice Bordoni have been sharing a Court Clerk since January 1998, but each will have their own Court Clerk, effective, July 10, 2000, eliminating the need for the present two (2) part-time Typist positions; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby approve the abolishment of the two (2) part-time Typist positions for the Justices, effective, August 12, 2000, thus resulting in a "lay off' for Dianne McFall, Typist and Catherine Wall, Typist. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. S . Ratify Appointment Court Clerk for Town Justice Raymond Bordoni . Resolution No 109 - Ratification of Appointment Court Clerk for Justice Bordoni. WHEREAS, Justice Larkin and Justice Bordoni have been sharing a Court Clerk, sine January 1998; and TOWN BOARD PAGE 49 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED WHEREAS, Justice Bordoni has requested funding in order to appoint his own Court Clerk; and WHEREAS, Justice Bordoni and the Human Resources Specialist interviewed the top 6 candidates from an open recruitment for the said Court Clerk position; and WHEREAS, Justice Bordoni has appointed Cindy Wasleff as his Court Clerk, effective, July 10, 2000; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby ratify Justice Bordoni's appointment of Cindy Wasleff as his Court Clerk, effective, July 10, 2000.. and be it further RESOLVED, Ms. Wasleff will be a part-time salaried employee, at 25 hours per week, with an annual salary of $ 16, 250, in job classification " i " Part time benefits apply, with health insurance at a 50150, contribution level. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino., aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. is Adjustment — Hours of Work and Salary for Court Clerk. Resolution No. 110 - Ratification and Adjustment of Court Clerk for Justice Larkin. . WHEREAS, Justice Larkin and Justice Bordoni have been sharing Betty Poole as a Court Clerk, since January 1998, on a full time basis (40 hours per week); and WHEREAS, Justice Bordoni has appointed his own Court Clerk, effective, July 10, 2000; and WHEREAS, Justice Larkin will be retaining Betty Poole as his own Court Clerk, effective, July 10, 2000; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby ratify Justice Larkin 's appointment of Betty Poole as his Court Clerk, effective, July 10, 2000; and be it further RESOLVED, Ms. Poole 's salaried hours will be reduced from 40 to 37. 5 hours per week, and her annual salary will be reduced from $35, 547 to $33, 325. 50, effective, August 13, 2000. Full time benefits remain in affect. MOVED Councilwoman Grigorov, SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye, TOWN BOARD PAGE 50 JULY 10 , 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Councilman Klein. aye; Councilman Conley, aye; Councilman Niederkorn, aye: Councilman Lesse aye. Carried unanimously. OTHER BUSINESS : Councilman Klein — The website lists the Town Board as having staggering 4 year terms . Mrs . Noteboom — I will tell Ms . Titti . Agenda Item No. 27 — Report of Town Officials. a. Town Clerk/Receiver of Taxes — See Attachment #9 b. Highway Superintendent — See Attachment #10 C* Director of Engineering now See Attachment #11 d. Director of Planning — See Attachment # 12 e . Director of Building/Zoning — See Attachment #13 Mr . Frost — We had one fire . It was at Lake Source Cooling. A person was putting down hot ro material . He was sanding and a spark from the grinding machine ignited fumes from the roofir material . The contractors quickly extinguished the fire . The board did receive our quarterly financial statement on the revenues we collected . f. Budget Officer, g. Human Resources Specialist — See Attachment #14 h . Attorney for the Town . Attorney Barney — I received a call from Mahlon Perkins . He is the attorney for Alfred Eddy . He asked if I would accept service on behalf of the Zoning Board of Appeals . The Zoning Board of Appeals meets July 12th . I will solicit authority to accept service on their behalf . I would like a resolution from the board to authorize that I represent the Zoning Board of Appeals. Resolution No 111 - Approval to Retain Law Firm Article 78 Proceeding, Zoning Board of Appeals. BE IT RESOLVED, that the ' Town Board of the Town of Ithaca retains the firm of Barney, Grossman. Dubow & Marcus to represent the Town Zoning Board of Appeals in connection with t,n Article 78 proceeding brought against such board by the Eddy's regarding their application, for gravel pit permit. TOWN BOARD PAGE 51 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED MOVED Councilwoman Russell. SECONDED Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye; Councilman Lesser, aye. Carried unanimously. Agenda Item No. 28 — Report of Town Committees. Councilman Klein — The Codes and Ordinances Committee is making progress . We have started to talk about the zoning map and land use locations . The Public Works Committee spent a lot time working on the culvert policies . Councilwoman Russell — We have had a CCWMAC meeting since the last Town Board meeting . The Environmental Assessment Form and comments on the Environmental Assessment Form were discussed for the Cornell Incinerator Alternative Technology Project . One of the Cornell representatives admitted that the Environmental Assessment Form was set up to make it look like incineration was just as important or valid a technology to be looked at as the other alternative technologies that were recommended . It was not the best way for them to have proceeded . They are in the process of developing criteria for the project to be evaluated with their consultant . We have been assured that the criteria will reflect the criteria that CCWMAC worked hard to develop. Supervisor Valentino — There is no real progress to report on the Fire Contract. I did reach Rich Morse who works for the State Controller' s Attorney's Office . We are proceeding correctly. We have not been violating anything . If we did want to change the contract , he gave me sections of the law that we need to cite . We are still working on the water and sewer agreement . The meeting that we go to is not a meeting of a public body. We do not make any public policy. Mr. Freeman told us directly that these are not meetings that are subject to the open meeting law. My own feeling is that they are very sensitive negotiations. We have the potential partners working on the agreement . Negotiations are usually done behind closed doors . We are discussing millions of dollars of grant money. The discussions are sensitive . When the group made a consensus , not one person in the meeting said that they wanted it open to the public. Councilwoman Russell — It was also the preference of New York State Department of Environmental, Conservation , Supervisor Valentino — We feel that there is too much at stake for misinformation . There will be public hearings on the Environmental Impact Statement . The discussions will come back to the boards . There will be discussion about it . The group is not empowered to make decisions or set policy. Councilwoman Russell — We are negotiating for State funding and negotiating with the partners . It is not appropriate to have a reporter in the room . TOWN BOARD PAGE 52 JULY 10, 200 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Attorney Barney — Is this the SJS meetings ? Supervisor Valentino — It is informal meetings with New York State Department of Environmental Conservation and interested parties . We are not an appointed committee . Attorney Barney — Mr. Schulman does cover thing fairly accurately and fairly well , but not all news media do. Councilwoman Russell - He wrote an article and there were mistakes . Supervisor Valentino — I have a lot of respect for Mr. Schulman . He does a good job . Attorney Barney — Does the board want to respond to him ? Supervisor Valentino — I had long conversations with him before this meeting . Councilman Lesser — I think that some response would be appropriate. Supervisor Valentino — I can call him . Agenda Item No. 29 — Review of Correspondence - a. Note of Appreciation — Ron and Tara Wilder — See Attachment # 15. Agenda Item No. 30 — EXECUTIVE SESSION : Motion made by Councilwoman Russell , seconded Councilman Lesser by to enter into an Executive Session to discuss the offer for sale of the Town Hall located at 126 East Seneca Street and a personnel matter regarding the potential hiring of a planner. Carried unanimously. The Board entered Executive Session at 9 : 17 p . m . Motion made by Councilman Klein , seconded by Councilman Lesser to resume regular session . Carried unanimously. The Board resumed regular session at 9 : 42 p . m . Agenda Item No. 31 - ADJOURNMENT: As there was no further business to come before the Town Board , a motion was made by Councilman Klein , seconded by Councilman Lesser to adjourn . Carried unanimously . Supervisor Valentino adjourned the meeting at 9 : 43 p . m . TOWN BOARD PAGE 53 JULY 10 , 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 11 , 2000 - APPROVED - APPROVED - APPROVED Respectfully submitted , Joan Lent Noteboom , Town Clerk * NEXT REGULAR MEETING — August 7 , 2000 at 5 : 30 p . m . ** Minutes Transcribed by Carrie L. Whitmore . Venda J U L 5 2000 27 June 2000 .) 1 5 .k� ir, 'jSt ;i1l Pilz' t= 1 u2 ATTEST _ .. z� ; , �, ��vi 3. ) : 11' ennessee 37919 ITHACA TOWN CLERK Catherine Valentino , Supervisor Town of Ithaca 126 E . Seneca Street Ithaca , N . Y . 14850 Dear Ms . Valentino , I understand there has been some recent discussion regarding properties along Sapsucker Woods Road . I have been the owner of 218 Sapsucker Woods Road since December , 1985 . Since that time it has not appreciated in value . In my opinion , as well as others in real estate , if the property did not require owner occupancy , the resale value would be higher than it is at present . I occupied the property through 1991 while I was a real estate broker . During that time I made several improvements , including professional landscaping . Since the market in general was doing poorly , I moved away to seek a more lucrative career . Meanwhile the property is being managed by Lucente Homes . My plan is to return to Ithaca to retire and live in my building . Thank you for your consideration . Sincerely , To y regor SEE ATTACHMENT # 1 D Benda # � JUL - 5 1000 27 ,rune 2000 1on. v G r i� . il k 1T St .-� r� rl '' c # 1 v2 ATTEST — Kno vil ). : ; Tennessee 37919 ITHACA TOWN CLERK Catherine Valentino , Supervisor Town of Ithaca 126 E . Seneca Street Ithaca , N . Y . 14850 Dear Ms . Valentino , I understand there has been some recent discussion regarding properties along Sapsucker Woods Road . I have been the owner of 218 Sapsucker Woods Road since December , 1985 . Since that time it has not appreciated in value . In my opinion , as well as others in real estate , if the property did not require owner occupancy , the resale value would be higher than it is at present . I occupied the property through 1991 while I was a real estate broker . During that time I made several improvements , including professional landscaping . Since the market in general was doing poorly , I moved away to seek a more lucrative career . Meanwhile the property is being managed by Lucente Homes . My plan is to return to Ithaca to retire and live in my building . Thank you for your consideration . Sincerely , To y regor i ❑ ❑ ❑ ❑ ❑ 1111 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed b A )plicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name Local Law Amending Town of Ithaca Local Law No.4 for the 'Town of Ithaca Town Board Year 1984 Deleting the Owner Occupancy Requirements Set Forth in Said Local Law, Sapsucker Woods 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 108 through 230 Sapsucker Woods Road Tax Parcel Number: 70- 10-3 . 12 through 70- 10-3 .25 4. IS proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Ordinance) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law amending Town of Ithaca Local Law No. 4 for the Year 1984 deleting the owner occupancy requirements set forth in said local law, Sapsucker Woods. Said local law requires that at least one dwelling unit in each of the buildings at 108 through 230 Sapsucker Woods Road, if converted under the provisions of that local law, be owner-occupied. The proposed amendment would delete the owner occupancy requirements. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) C ount of land affected: lly (0-5yrs) 5 .0 +/- acres (640yrs) 5 .0 +/- acres (>10 yrs) 5 .0 +/- acres 7. How is land zoned presently? Residence R- 15 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly : 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe : 11. Does proposed action involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal , State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca Signature and Date : 44-t v, i . VA� + PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long terra, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration ; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . X Check here if you have determined, based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . Town of Ithaca Town Board ln�=t Name of Lead Agency Pre er ' s Signature(If different from Responsible Officer) Catherine Valentino, Supervisor Name & title of Responsible 9fficer In Lead Agency Signature of Contributing Preparer Caw i A-- DATE: July 10 , 2000 Signature of Responsible Officer in Lead Agency ■ OF [T� TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N . Y. 14850 �',► Y O TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273--8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 CERTIFICATE OF NECESSITY "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO , 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW" The Town Supervisor hereby determines it is necessary to consider and adopt the local law entitled "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW" July 10 , 2000 C&�.c, . V�, t. u� Catherine Valentino , Supervisor TB Mtg . 7 / 10 / 00 Corresppndence t vD MAY � � r✓✓///AA uA ' /II�����0 U*,$�r000 a mo � e0opl � 711e. AOA404- " . A4444V Z, AA*� 400" 441A, ��� � � a 100004 G�we.Q ATTACHMENT # 3 OF 14"� TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N . Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273- 1704 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, ( Ithaca Journal ) : NOTICE OF PUBLIC HEARING : " RESOLUTION ON A PROPOSAL TO CONSENT TO THE ELIMINATION OF THE OWNER OCCUPANCY REQUIREMENT CONTAINED IN THE CAYUGA VISTA COVENANTS" Location of Sign Board Used for Posting : Town Clerk's Office 126 East Seneca Street Ithaca , NY 14850 LEGAL ADVERTISEMENT: Date of Posting : Tuesday, June 27, 2000 Date of Publication : . Friday, June 30 , 2000 Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this day of , 20cO . OMLP , A Notary Public DEBORAH KELLEY Notary Public, State of New York No:- O3 KE6025073 Oualified In Schuyler County Commission Expires May 17, 20 ATTACHMENT # 4 KUcH&�� \ wo« \ evE r/o 9zr r . R + : R ¥ \ & 4rj own r \ �o f / \ƒƒ , r 1 \K wk5aea � _ : +v rk in « r &q_re . ƒms nsider muoNaGARO- s!& ocoGEq TO 7E@+ rN7IEH »wE 7u�Y6 # NI : GONII±D mbAmI »I5 RE- NTS on y -- w IF RN - J, daa6 * !: w '¢ 1e ,a a ie 'or @the phiƒo ar ee e : r e & � o pies of e _ a t Sol he { a , : " w ` ice r6 «d n E� 7//NFU ERN- E '�f pwwmr / ` 15 ® © § « 5A a +\ # ¥ + . 9 " & Ilk� s�/k�it/ �: $ \ s c7 \ j < y2ld < lR22 � 9 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Town Assigned Project 11) Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name Resolution on a proposal to consent to the elimination of the Town of Ithaca Town Board owner occupancy requirement contained in the Cayuga Vista restrictive covenants. 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map: ) Vista Lane Tax Parcel Number: 39- 10- 1 ; 39- 1 -6. 1 ; 39-2- 1 ,2,3 ,4; 39-3 - 1 ,2,3 ,4; and 39-4- 1 ,2 ,3 ,4 4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Ordinance) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Adoption of a resolution on a proposal to consent to the elimination of the owner occupancy requirement contained in the Cayuga Vista restrictive covenants. Said restrictive covenants, approved by the Town Board, for the Cayuga Vista Townhouses on Vista Lane, require that all owners of units, with the exception of the Sponsor, must have their primary residence at Cayuga Vista Townhouses, and the proposed resolution would eliminate this owner occupancy requirement . (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0-5yrs) 13 .55 +/- acres (640yrs) 13 .55 +/- acres (> 10 yrs) 13 .55 +/- acres 7. How is land zoned presently? Residence R-9 S. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: i 11 . Does proposed action involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local ?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval . Also, state whether it will require modification . N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 1S TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca Signature and Date : . 1 ATTACHMENT # 5 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) 4• Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. • Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded bj another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : None anticipated. C3. Vegetation or fauna, fish , shellfish , or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None anticipated. C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-059 Explain briefly: None anticipated . C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : See Attached. E. Comments of staff X CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring ; (c) duration ; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary,. add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . X Check here if you have determined, based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . Town of Ithaca Town Board Naive of Lead Agency 1 arer's Signature(If different from Responsible Officer) Catherine Valentino, Supervisor Name & title of Responsible Officer Inn Lead Agency Signature of Contributing Preparer 4&et*W DATE: ,July 10 , 2000 ASignature of Responsible Officer in Lead Agency Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended . Do not include matter being eliminated and do not use italics or underlining to indicate new matter. AL 1 ,mown of - - - - - - - - - - - - - - ITHACA- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X Local Law No_ _ _ _ _ _ _ _ _ _ _ _ _ _ _3_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the year 20_ _ 00_ A local law _ AMENDING TOWN OF ITHACA LOCAL LAW NO . 4_ FOR THE YEAR 1984 DELETING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (1wert ride) THE _ OWNER _ OCCUPANCY REQUIREMENTS _ FOR CERTAIN HOUSES_ IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOWN BOARD Be it enacted by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the (Name ofLegii1ative Body) Qwulw QkyXX Townof - - - - - - - - - - - - - - - - - - - - - - ITHACA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : SEE ATTACHED SEE ATTACHMENT # 2 (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS -239 ( Rev. 11 /99) ( 1 ) TOWN OF 1THACA LOCAL LAW NO . 3 OF THE YEAR 2000 A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Local Law No. 4 for the year 1984 which amended the Zoning Ordinance of the Town of Ithaca, is itself amended by deleting in its entirety Section 7 of said Local Law which section is entitled "OWNER OCCUPANCY ' . Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3 . This local law shall take effect two days after its publication as require by law. i t (Complete the certification in the paragraph that applies to the tiling of this local law and strike out that which is not applicable.) 1 . (Final adoption by local legislative body only.) I hereby certify that the local law .annexed hereto, designated as local law No . - - - - _ _ _ _ _ _ _ 3 - - of 20. 00 - of the ( 12 !& ) ( ' (Town) (}Mjq� of - - - - - -ITHACA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - -TDUN- -BDARi]- - - - - - - - - - - - - - - - - - - - - - - - - - on _ _J-ULY - - - 1Q- - - 20 00 , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - _ _ of the (County)(City)(Town) (Vill age) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ (Elective Chief Executive Officer*) - - - - in accordance with the applicable provisions of law. 3. (Final adoption by referendum .) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - _ _ of the (County)(City)(Town) (Village) of _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed after (Name of Legislative Body) disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on- - - - - - - - - - - - - - - 20_ Such local law was submitted (Elective Chief Executive Officer *) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20L _ _ _ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was tiled requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ _ _ of the (County)(City )(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20 - - _ . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ - - - - - - - - - - - - - - - 20L _ _ _ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) 5. (City local law concerning Charter revision proposed by petition .) I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - _ - - - - - - - - - - _ _ _ _ _ _ _ - - - of 20- - - - _ _ of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ - - - became operative . 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - _ _ - - - - - - - - - - - - - - - - - - - _ - - - - - - of 20- - - - - - of the County of - - - - _ - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - _ - - - - - - - - - - - - - State of New York, having been submitted to the electors at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative . (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph- _ _ _ _ _ 1 _ _ _ _ , above . Clerk the lgti §t gtl �{ it�{ Town oKM� Clerk or off' r designated by local legislative body (Seal) — = Date : JULY 13 , 2000 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF - TOIRKTNS 1, the undersigned, hereby certify that the foregoing local la ont ins the correct text and that all proper proceedings have been had or taken for the enactment of the local law a n xe ereto . Signature ATT EY FOR THE TOWN Title (U city of ITHACA Town WkwX Date : --j� ' � (3) OF rp _ TOWN OF ITHACA ,�,� �' o�� 126 EAST SENECA STREET, ITHACA , N . Y. 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 CERTIFICATE OF NECESSITY "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW" The Town Supervisor hereby determines it is necessary to consider and adopt the local law entitled "A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 4 FOR THE YEAR 1984 DELETING THE OWNER OCCUPANCY REQUIREMENTS FOR CERTAIN HOUSES IN SAPSUCKER WOODS SET FORTH IN SAID LOCAL LAW" July 10 , 2000 � V�ed Catherine Valentino , Supervisor FINAL AS AMENDED Aa +.= ,«mss 3, x a. as $yrotyr,J ..A.. F "` a.� Fir } r `'' ;-. ^'(' '1✓'ffeGtl� Gr�ate. .� .. s '; k � y W Jfii2A'fr ` + �a ° 'YrY' v ; S�L� c�- REP�IIQFD,RI )Ea4,WS � 1 &SXM1 . £ sy) fi r a °�EYIZJQ1Gz ,G1p�� $ o � aa �' i42 �'... -.. Y+ vs i �?' at -urt t _. x .�. ✓' >. Y 'K. ;. X�-�3� - 2�Pv ,-p t` Y't�t aaa+ 4 a �5� 1. 3. ��` PtC L C1' AN WgR'© E)o}URE F E` : + e . i .: p��}. rp z - (} �a �? .�*- fit`` r � ...G K F Y _ _ �, :::ti 'f.Y. AE � Y y �y'� )1N� _ . r` f<"Y�VKI-. �Q - �/Tt )[ g£ Y 4yt 9N' .r y?x `-'i/.�f{hI AK` 3gs ,s ' l .Csr �Y d "lkw )? � i C le�d4Fat 'I YIS �IJ � x � Kk ^F$ * Nay } S <>• r v i d > r £ v ? a ` ,"""%sv �'" : • ax .r✓£ r :.., � i. s _i v' , a w 'tn..1�x� Y , s �`�. z skc - K -: ' rf S"J �p_ :y .� . +',. sir£-tJ,s. ?-sr ?a i 'z' •t }'S. a �Sv (�(Ay yc�. a3' *t y \ ID-5 „"Y 1T x� SC 1, t 1QT1� Cy .jt = fir_ ® n Purpose This policy is to establish a standard of restoring driveways that, by it's own initiative, the Town of Ithaca disrupts/ damages due to regular or emergency work. This policy does not apply to requests from private residents for driveway installation. Procedure 1 . All residents will be notified prior to any construction unless the excavation is on an emergency basis . 2. The Town of Ithaca, during regular or emergency construction such as : storm sewer installation and repairs, road construction and repairs, water line replacement and repairs; and sewer line replacement and repairs will restore driveways at least equal to conditions which existed prior to construction as per the Highway Superintendent and engineering specifications . a . Bituminous surfaces shall be restored with asphalt concrete matching existing. b. Gravel surfaces shall be restored matching existing. The gravel shall be graded, shaped, and rolled . C . Brick/ Paver/ Flat Stone surfaces shall be restored matching the existing surface . d . Concrete surfaces shall be restored matching the existing concrete . e . Surface Treating surfaces shall be restored matching the existing surface . 3 . Access to residence driveways will be maintained as conditions permit. 4 . If special circumstances warrant, the Town Highway Superintendent with the approval of the Town Board, may deviate from the above requirements to the extent reasonably necessary to meet such circumstances . ATTACHMENT # 6 FINAL AS AMENDED TOWN OF ITHACA Ef€ee-tive Date 7 °10/ 2000_ DRIVEWAY AND CULVERT PIPE Revision Date-i >: POLICY AND PROCEDURE Review Date. 7/ 1Qf 2f1(1 Approved by : Highway Supe.nriti�ndent: and Town Board: . Erielos xres : . By Resolution on July 10 , 2000 Purpose Highway Law 194 states that responsibility for driveways lies with the property owner. It is in the best :interest of the Town that culvert pipes are properly sized and are at the proper grade . Since there is a shared interest, landowners for access and Town for operation, we want to work cooperatively with property owners. ?'lease see the attached permit for applicable fees and costs. The Town of Ithaca will not be responsible for such materials as blacktop, aprons, or headwalls. :Procedure Existing Culverts Needing Replacement and New Driveway Culvert Installation on an Existing Town Road Z . Landowner contacts the Highway Department stating they need a driveway culvert pipe . Town wiL fill out appropriate forms and permit application and inform landowner of permit and fee process . 2. After landowner staked out driveway, Highway Department then goes to location, makes a drainage and visibility inspection e. g. : diameter of culvert pipe, and/ or preferred driveway location in reference to visibility and contacts landowner with requirements and recommendations . We mandate that everyone installs a minimum 30-foot length culvert pipe. An estimate of the costs to install the culvert along with applicable fees will be discussed at this time. 3 . Landowner then purchases culvert pipe and has it delivered to site. 4 . Landowner contacts the Highway Department to inform us of culvert pipe delivery and to schedule approximate installation date. 5 . Highway Department will send landowner an invoice for the total cost after installation has been completed . 6 . The same guidelines will be in effect if a resident wishes to enclose the ditch line in front of their property . NOTE : if the driveway is anything other than gravel, the homeowner is responsible to buy and install material to replace blacktop or head walls, etc . that may have been removed . ATTACHMENT # 7 . 7. If special circumstances warrant same, the Town Highway Superintendent is authorized to deviate from the above requirements as may be reasonably necessary to accommodate such circumstances. Owner' s Rights-of-Way (ROW) Responsibilities 1 Homeowner should regularly keep their ditch and culvert clean of trash and debris (no leaves, brush, garbage, gravel, etc. allowed) . 2. Homeowners should inform the Highway Department of culvert maintenance problems (e . g. : damage to pipe, obstructions, etc .) -Headwall Requirements The Town of Ithaca will not install headwalls. If the homeowner installs headwalls, they must be kept below the grade of the shoulders of the road so as to prevent damage due to snow removal. The Town will not be responsible for damage if headwalls are Mstalled above the grade of the shoulder of the road. Highway Department's Rights-of-Way ( ROW) Responsibilities T The Highway Department will make determinations to replace old, damaged, or wrong-sized culverts, at the owner's cost after discussing this with them. 2. The Highway Department will maintain roadside shoulders and ditches; thaw out frozen culverts; wash out/ clean out blocked serviceable culverts; remove blocked culverts if necessary to prevent damage to roadway; and place gravel, as needed, in areas of water damage caused by blocked pipes. 3. The Highway Department will replace culvert pipes, at the Town's cost, if the Town damages them. Culverts placed by Contractors as Part of Approved Subdivisions (Please see Subdivision regulations for information on Drainage issues.) a . Each building site plan must detail the following. Before a building permit is issued, for any work required in the road ROW, certification must be obtained from the Highway Superintendent. 1 . Size of culvert to be installed. 2 . Proper alignment. 3 . Elevation or grade of pipe and ditches. 4 . Final discharge location and quantity of storm water discharge at peak flow . 5 . Type of head walls or apron to be used . b. Contractor needs to call the Highway Department for inspection on all culvert pipes and drainage features that they are installing. Before a Certificate of Occupancy (CO) is issued, a driveway inspection needs to be completed in accordance with approved subdivision plan. ghk Town of Ithaca Highway Department Driveway Culvert Pipe Permit Date of Issue: Applicant Name: Address : Phone No . : Alternate Phone No. : Location of Driveway(s), if different than above address: The Town of Ithaca Highway Department will install culvert pipe (s) and provide back fill material, if required, for installation. The culvert pipe (s) will be provided by the permittee at the installation site. The Town of Ithaca Highway Department will determine the diameter and minimum length. The permittee will be charged for the back fill material as part of the permit fee . No asphalt material will be provided for any new driveway installation or replacement driveway. Head malls and other structures will be oznner's responsibilities and expense. , SITE DATA 1 . Visibility : Satisfactory--meets sight distance requirement for prevailing speed . Unsatisfactory--requires the following action: 1 . Clear obstruction for required sight distance . 2_ Relocate driveway entrance. 3 . Warning sign required. 2 . Diameter Determination : 1 . Culvert dia . upstream inches 2 . Culvert dia . downstream inches 3 . Drive dia . required inches 3 . Length Determination : 1 _ Drive skewed to road Yes No 2 . Gradient at edge of shoulder : Flat Moderate Steep 3 . Drive length required : feet 4 . Back fill Requirements : yd . Bank Run yd . Crushed Gravel yd . Crushed Limestone Driveway Culvert Pipe Permit Page 2 5 . Warning Sign Requirement: Type of Driveway Entrance Sign (s) Number of signs 6 . Driveway Culvert Pipe Size Requirement: Site reviewed by : Date : Remarks: Permit Fee: 10 Administrative Fee $ 25 . 00 $ 25 . 00 29 Driveway Material $ 75 . 00 (minimum) TOTAL FEE $ CHECKS OR MONEY ORDERS ARE TO BE MADE PAYABLE TO: TOWN OF ITIIACA SEND CHECKS OR MONEY ORDERS TO : TOWN OF ITHACA TOWN CLERK 215 N TIOGA STREET ITHACA NY 14850 Applicant's Signature : Date: Highway Superintendent' s Signature : . Date : (Created 5/ 97, revised 4/ 00) c: \ 63\ 63data\ polpro \ culvperm 00 O 3 U O O O a) O O a) N N >, ,U 'O L6 co N U c7 CO N 0 �a C ti CO \ O O O O >, U G O N O O (N Z U CY) LT I- CY) c .c O q t` - r r w N U O d O O 0 3 ` 0 0 0 0 0 O y >, U 'p LO OD O O C) N (O 0 a N y .0 M � L71 LO � C M N q1 �— N N (`) O) U Un O C_ 'C a) E O C � U a) >% L6 (0 0 Y cn 0 >, � r` U O U o L N O O r L 0 3: o a rn o 'c O > o 0 La 'a) D oo -a a) > axi .3 N (D co C L N cl O O O N O x O ca O O r� .0 m N LO •j Y LO L N U ev O m N } C a) °co>, ° x c CL �. L cu ca N M Ef3 0 3 co U a) L �+ : T IL mo U) o � 30 � aD V c O of� co o co 1 J V A_ L/ Y LZ � a) VJ C T� V E (D U N '> O d N O OY O O U C C 3 O O •_ C >, ti O O O N Oct a0 C Q d U ti r N U U (h r o cm s a) R � Y ° o U c °O 0)4) CUr` O U ao LO p W U U C U U U) f0 cn CD w a) U) c r O) C N Q) (n c O :3 a) c La U U O m R U B m N mo cn CL (n •� U) CU m E a) a) U :E co 0) c U Q Q U U U ATTACHMENT # 8 JOAN LENT NOTEBOOM °F t r� Town Clerk/Receiver of Taxes 0 Town of Ithaca 126 E. Seneca Street 4trr 04 Ithaca , NY 14850 (607) 273- 1721 , Fax (607) 273-5854 Agenda Item No . 27 TOWN CLERK'S MONTHLY REPORT June 2000 Presented : Town Board Meeting , July 10 , 2000 Town Clerk/Records Management: Normal daily functions of the Town Clerk's Office were performed during the month , (see attached financial report) . Deputy Carrie Whitmore and Karl Valentino , Youth Worker through Joint Youth Program spent the month assisting with the sorting and packing of the basement and attic. Records within these areas were labeled and placed in other areas of the building in anticipation of our move . All staff continued to review and pack records for the move . Deputy Debbie Kelley boxed pamphlets , books and informational material from the front office . Town Clerk met with a representative of the moving company to begin organization and to receive information as to how the move would be accomplished . Town Clerk will have a meeting with staff during the week of July 10th to explain the process . An advertisement announcing the closing of the Town Hall offices during the move was placed in the Tri Village Pennysaver. Also , all local radio stations were notified of the move dates and asked to announce as frequently as possible . Water/Sewer: Deputy Debby Kelley received her new computer which will enable the direct reporting through electronic transmission of the water/sewer daily payments . Upon move , she will transmit the daily receipts directly to the Southern Cayuga Lake Intermunicipal Water Commission , Tax Collection : Collection ended during the month of June . Receiver of Taxes returned unpaids and made final settlement with Tompkins County, (see attached Final Report) . Respectfully submitted , 9Joan Lent Noteboom Town Clerk/Records Management Officer Receiver of Taxes ATTACHMENT # 9 TOWN CLERK ' S MONTHLY REPORT Agenda #¢ `Lr`C&- " Al TOWN OF ITHACA , NEW YORK JUNE , 2000 t 0 THE SUPERVISOR : PAGE 1 rsuont to Section 27, Subd 1 of the Town law , I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above , excepting only such fees and moneys the application and payment of which are otherwise provided for by law ; 1999 SPORTING LICENSES 2000 SPORTING LICENSES 2 . 00 16 MARRIAGE LICENSES N0 , 20022 TO 20037 140 . 00 AGRICULTURE REPORT COPY AERIAL PHOTOS 14 MISC . COPIES 31 . 60 COMPREHENSIVE PLAN ENVIRONMENTAL REVIEW 2 MARRIAGE TRANSCRIPT 20 . 00 NOISE ORDINANCE RETURNED CHECK — CLERK RETURNED CHECK—TAXES RETURNED CHECK— W & S OPEN SPACE REPORT POSTAGE SIGN ORDINANCE SUBDIVISION REGULATIONS 12 TAX SEARCH 60 . 00 WATER & SEWER SEARCH 4 ZONING ORDINANCE 34 . 00 1255 TOTAL TOWN CLERK FEES 287 . 60 1555 92 DOG ENUMERATION 92 . 00 A1556 1 SPCA CONTRACT 424940 A1557 SPCA IMPOUND FEES A2530 GAMES OF CHANCE LICENSES BINGO LICENSES 3 BINGO FEES 25 . 77 A2540 TOTAL A2540 25 , 77 A2544 92 DOG LICENSES 184 . 00 A2701 REFUND PRIOR YEAR EXPENS 18 BUILDING PERMIT 1 ,525 . 00 1 BUILDING PERMIT EXTENSIN 25100 FOUNDATION PERMITS 1 CERTIFICATE OF OCCUPANCY 50900 1 TEMP . CERT , OF OCCUPANCY 25500 USE PERMITS 6 OPERATING PERMITS 800800 3 FIRE SAFETY INSPECTIONS 100100 1 SIGN PERMITS 462 . 00 1 ZBA AREA & USE VARIANCES 80100 ZBA SPECIAL APPROVALS ZBA ADDITIONAL MTG , FEE ATTACHMENT # TOWN CLERK ' S MONTHLY REPORT JUNE , 2000 PAGE 2 1 ZBA SPECIAL APPROVALS 100400 ZONING SIGN APPROVALS B2110 TOTAL B2110 3 , 167 . 00 SUBDV , REV , INITIAL APL . SUBDV , REV . PRELIM , PLAT 1 SUBDV , REV . FINAL PLAT 110100 SBDV , REV , PLAN REAFFIRM SITE PLAN INIT , APL . FEE SITE PLAN PRELIM , PLAN SITE PLAN FINAL PLAN ADD , MTG . FEE AGENDA PRO ASS , MTG . FEE P , H . PROCE 132115 TOTAL B2115 110000 SUBDIV , REV , INSPECTION SITE PLAN REV , INSPECTIN SUBDV , PRELM , REV . DEPOS SUBDV , FIN , REV , FEE DEP SITE PLAN PREL . FEE DEPO SITE PLAN FIN , FEE DEPOS BP615 TOTAL BP615 Paid to Supervisor for General Fund 1 , 013z77 Paid to Supervisor for Part Town 3 ., 2T7eOO Paid to NYS DEC for 2000 Sporting Licenses 26 . 00 Paid to County Treasurer for Dog Licenses 136olO Paid to Ag & Markets for Dog Licenses Paid to NYS Health Department for Marriage Licenses 180899 Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements 4 , 659 , 87 JUNE 30 , 2000 SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA JOAN LENT NOTEBOOM , being duly sworn , says that she is the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated , excepting only such Fees the application and payment of which are otherwise provided for by law , Subscribed and sworn to before me this s L+ -- day of 20 Town Clerk Notary Public Councilma O N furl `o tf) M t� 0000 .N Oct l� N N O �o M ^' M 64 64 64 69 64 69 64 64 O O O O Q O qTT O O M O O O O M y V1 O V1 O O O O O kf ) 00 C U •--. M O �o N "JaWa GC Q{ 649 64 64 64 64 64 64 69 O O Co d O O p a O h Vl W) WO) O p F C O O � � o 00 �D N M Q 00 "Cl O� M N FBI 69 64 O 64 64 &41 Go;.l 6g b 0 0 ^d O d 0 0 O O O Cd O d 0 (D Co O 00 Vi �o Wr 00 Cr p (� V ) N t� Olt M 00 (� Cal ry N a Q W 64 64 64 64 64 64 64 ai UMi O 4 d N 4 N N 64 64 C 6A 64 b4 6R O CD c� 69 644 6A Go� 69 a UO O O d O p 'a o o O o �, o a) V-) CD d �t o °O 4 p Q N 649 fi49 csq 64 69 Goq E04 �4 C� N� cn 00 � o N h i. N a 4NO v O O V'1 V N Ch .� qtt V M M Gt M V 6014 64 64 64 64 64 64 O O O O O O p O O O O O d O p V') 01 00 N Q\ N vj 00 t� 00 t - �o O\ 00 bD Oft kn A � d W 64 64 69 64 64 69 Cos LW%) O O V'1 O O p b 9 00 t` %o M V Vl 00 N 0) 00 Q� 0 F.1 69 64 eq eg) 64 649 o o � � tid dO e ` Agenda Item 22b • HIGHWAY DEPARTMENT' S MONTHLY REPORT, MAY TOWN OF ITHACA TOWN BOARD MEETING, JULY 10, 2000 NYS Budget and CHIPS Funding The 2000-2001 New York State Budget included a five-year transportation capital plan . The CHIPS program is part of the New York States capital plan . The CHIPS program, which is part of the transportation capital plan, has been extended for 5 more years . The disappointing part is the Capital portion and the Operating and Maintenance portion of the five-year transportation capital plan will remain flat meaning our reimbursement will not increase for the next 5 years . Renwick Drive Brida Silverline Construction began demolition of the existing bridge on June 12 . The Town of Ithaca completed the water main construction that allowed demolition of the water main on the old bridge without interrupting service . Gas, telephone and cable TV utilities were also relocated before construction began . Renwick Heights Road The Town will be starting construction on Renwick Heights Road the week of July 10 . New York State Electric & Gas has finally completed their replacement of the gas main and the services to the homes . We are pleased that they did this work before we repave the road but we had anticipated completing this project by the end of June . Park Lane Storm Water Management We continue to work on this project. The extremely wet spring has hampered our progress . We have completed the portion of the project across Route 79 at the winery . The work at 112 Parklane has begun. We are building a series of plunge pools to slow down the run off. We will be installing a catch basin at the road to split the water so that we can better control the amount of water that flows down the ravine from Parklane to Route 79 . Warren Road Tompkins County Highway Dept. is planning to start work on Warren Road July 10 . The plan is to work on the Village of Lansing' s end of Warren Road first. They will be digging out the weak spots in the shoulders of the road. They will then put down asphalt binder from Route 13 to the Day Center . Tompkins County then will move to the Hanshaw Road intersection grinding out the road replacing the base material and the asphalt base . The county will maintain two way traffic on the first portion of the project then will maintain single lane traffic for the remainder of the project. Ward ATTACHMENT # 10 Y q Agenda Item 22b Hungerford said that he plans to have the top on Warren Road by the time school opens . Upcoming Projects As noted above, Renwick Heights Road and Park Lane will be worked on during the month of July . The Engineering Department is completing the final grading plan for [acovelli Park . Lay out of the future play lawn and basketball court area will then be clone on site so we can continue the grading and filling in those areas . • Park Movvirng ■ ROW Mowing ■ Road surface treatment preparation ■ Ditching ■ Jet Rodding Town Engineer' s Report for 7/10/00 Town Board Meeting EARTH FILL PERMITS No new fill permits were issued in the month of June. WATER PROJECTS Integrated Water System The Cornell legal staff is in the process of reviewing the proposed lease agreement for the Cornell Water Plant and comments are expected in the near future. The City of Ithaca is revising the agreement for lease of the existing City water plant to the SCLIWC prior to completion of the agreement for the Integrated Water system. Final project planning and design work on improvements for the integrated water system is on hold until completion of the revised SCLIWC agreement. Wyckoff Water Main Improvements The water main and PRV building are in service and functioning well allowing the Renwick Road water main to be taken out of service for the County bridge replacement project. 41 SEWER PROJECTS The SJS partners are continuing to work on the revised agreement. The Town Engineer has been working with the other municipal Engineers and the SJS attorney on technical details of the agreement. The City of Ithaca has provided an enumeration of the projects on jointly used Intermunicipal sewer mains that have been completed since 1997 . The Town Engineer has asked for additional details regarding these projects to allow a recommendation to the Town Board regarding financial participation in these projects. TOWNHALL The general contractor has completed the wall and ceiling finishes in the basement and the VCT flooring in the record management storage area has been completed. The Town has hired a cleaning contractor to strip and wax the floors to prepare for installation of the steel storage shelving the week of July 10`x. The steel shelving was delivered on June 26 and moved to the basement with the assistance of the Highway Department. The main and interior department head offices and the workroom on the first floor are substantially complete and installation of the furniture system is scheduled for July 6th. The Town Clerks office space is 90% complete and should be finished by July 14'. The Town Board/courtroom and the display cases in the lobby are nearing completion pending delivery of the Judges bench and the display casework. Work on construction of the Buffalo Street ramp is being redone because of an error by the contractor resulting in a ramp width that was 3" less than required by the drawings. This work should be completed by July 14'. Installation of the plumbing and HVAC work is nearing substantial completion with some control band balancing work remaining to be done. Work on the electrical contract is also nearing completion . The electrical contractor is also completing the network and telephone wiring for the building ATTACHMENT # 11 TOWN ENGINEERS REPORT 7/ 10/00 PAGE 2 Substantial completion of the project is anticipated by July 14, 2000. The Town Engineer is beginning a punch list for finish work and is reviewing contractor' s claims for additional work. The general contractor for the Post Office continued to make slow progress and has started work on the new entrance. C:I RPTSENGR I ERPT0007.REP a Agenda Item # 27(d) Planning Director's Report for Tuly 10, 2000 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board. Tune 6, 2000 Meeting: East Side Restaurant - Outdoor Seating Area, East Hill Plaza, 335 Pine Tree Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed outdoor seating area to consist of approximately 26 chairs and 10 tables at the East Side Restaurant located at East Hill Plaza, 335 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-2-1 . 121 , Business District C . The tables and chairs will be brought out from inside the restaurant during business hours and will not increase the seating capacity of the restaurant. Greg Halkiopoulos, Owner/Applicant. Judd Falls Plaza - Phase I Alterations (Seido Karate & Mail & More Store), 350 Pine Tree Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed alterations to the Judd Falls Plaza located at 350 Pine Tree Road, Town of Ithaca Tax Parcel No's. 62-1 -1 , 62-1 -2. 1 , 62-1 -2. 2 and 62-1 -3. 2, Business District C. Phase I alterations, which are the subject of the current application, include expanding Seido Karate into an adjoining space by removing an interior wall, and Angelo's Drycleaners will be vacating their current space and moving into the expanded space of the Mail & More Store. Scott M. Hamilton, Owner / Applicant; David Bravo-Cullen, Cornerstone Architects, Agent. Recommendation Regarding Owner Occupancy Requirements - Sapsucker Woods Road and Cayuga Vista Townhouses: The Planning Board issued a recommendation to the Town Board to eliminate the owner occupancy requirements at 108 through 230 Sapsucker Woods Road and at Cayuga Vista Townhouses on Vista Lane. Tune 20, 2000 Meeting: Linderman Creek Apartments - Site Modifications: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications to a previously approved site plan for the Linderman Creek Apartments, located on Conifer Circle (1250 Mecklenburg Road), Town of Ithaca Tax Parcel No . 27-1 -13 . 12, Multiple Residence District. The requested modifications include adding three light poles along the entrance road driveway, constructing a 12 foot X 14 foot grounds maintenance storage building, eliminating the sidewalk to Route 79, and relocating the dumpster pad south to a location adjoining the Building #1 parking area . Linderman Creek Associates, L.P., Owner / Applicant; John H. Fennessey and Dan Pascone, Executive Director Better Housing for Tompkins County, Agents . The Planning Board conditioned their approval on retaining the walkway connection to Route 79 and enclosing the relocated dumpster on all four sides. ATTACHMENT # 12 Judd Falls Plaza — Phase II Alterations (Subway Restaurant/Food Court), 350 Pine Tree Road: The Planning Board granted Preliminary Site Plan Approval for the proposed alterations to the Judd Falls Plaza located at 350 Pine Tree Road, Town of Ithaca Tax Parcel No's . 62-1 -1 , 62-1 -2. 1 , 62-1 -2.2 and 62-1 -3 .2, Business District C . Phase II alterations, which are the subject of the current application, include the El-Be's food operation expanding into the adjoining space currently occupied by Judd Falls Paint & Hardware and adding the Subway food franchise to the business, which would also include ice cream and pizza. In addition to the interior changes, outdoor seating and facade improvements are also planned. Scott M. Hamilton, Owner/ Applicant; David Bravo-Cullen, Cornerstone Architects, Agent. CURRENT PLANNING DEPARTMENT PROTECTS The following are accomplishments or issues that have been dealt with over the past month. SEOR Reviews for Zoning Board : One SEQR review for the Zoning Board was done since the June report: height variance to install light poles that are 35 feet high, where 30 feet is the maximum permitted height of structures, Cornell University B-Lot Reconstruction, Route 366, R-30 Residence District. Codes and Ordinances Committee: The Committee met on June 21 , 2000 to continue review of the business zones . The Committee completed review of Schedule I Land Uses in Commercial Zones to determine what special conditions should be required for selected business uses, and also continued discussion of proposed Zoning map changes relating to business zones . The next meeting is tentatively scheduled for July 260' (to replace the regular meeting date of July 19th. The tentative agenda includes either a field visit to business zoned areas in the Town, or a discussion regarding additional Zoning map revisions (other than business zones) . Capital Projects Committee: The Committee met on June 8' and June 29th, 2000. Discussion focused on 2001 capital project proposals. Proposed 2001 capital project descriptions were provided by the Highway Department and Planning Department. Preliminary evaluations were discussed by the Committee. There will be no July Committee meeting. The next step will be to submit project descriptions to the Town Board for discussion at the August Board meeting. North Campus Gateway Committee: The Committee met on June 15, 2000 to continue discussion of alternative improvements for the Gateway. Traffic models results were discussed to determine how variations of the Gateway might impact traffic patterns in the area. The Cayuga Heights representative expressed concern that the model showed that the new Gateway configuration would increase traffic volumes during the afternoon peak hour at the Pleasant Grove / Hanshaw Road intersection. It was agreed that the model should be run again using alternate intersection lane configurations to 2 see whether turning lanes might help to reduce the already congested intersection. The next meeting is tenatively scheduled for either July 11 °i or 13"', 2000, ITCTC Planning g Policy Committee: The joint meeting of the ITCTC Planning and Policy Committees was held on June 20, 2000. Reports were provided on a number of items, including the NESTS Transit Study follow-up, the Annual Report, the Freight Study, the State Route 366 Bridge project, and the Cayuga Lake Scenic Byways. ITCTC Freight Study: Qualification statements were received by the ITCTC from two interested consulting firms, and reviewed by the Freight Study subcommittee on June 27, 2000. Both firms will be asked to send in more specific proposals by the end of July, which will be reviewed by the subcommittee. Development Review / Project Tracking System: The Planning Department has initiated a new project tracking system (initially set up and being implemented on a trial basis). The Planning Intern has set up a form for data input regarding Planning Board projects, using Microsoft Access . Cross-referencing is included regarding other databases, such as building permits, easements, etc. This will continue through the summer. Iacovelli Park Design: The Engineering Department has been working on final design / engineering drawings for the park development. Planning Department staff have been coordinating with this effort. Southwest Natural Area Master Plan: The Environmental Planner has attended several meetings as the Town representative on the City' s Southwest Natural Area Master Plan Client Committee. Issues have included stonnwater management, possible locations for a dog park, and other natural area considerations. A more complete status report can be provided at some time in the future. Rename: 17p1 an\ townbd \ tpreport0500.doc 3 Agenda #27e. TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF JUNE 2000 MONTH YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 2000 0 0 0 0 RESIDENCES 1999 0 0 0 0 SINGLE FAMILY DETACHED 2000 1 947000 11 13917,000 RESIDENCES 1999 0 0 4 3107000 2000 0 0 2 220,000 TWO FAMILY RESIDENCES 1999 0 0 0 0 2000 0 0 4 225827 RENOVATIONS 1999 3 38,500 10 2049500 2000 0 0 1 5,600 CONVERSIONS OF USE 1999 0 0 0 0 2000 3 116,700 9 219,000 ADDITIONS TO FOOTPRINT 1999 2 46,895 3 70,854 2000 0 0 4 11377,000 MULTIPLE RESIDENCES 1999 0 0 1 1 ,500 2000 1 Judd Falls Plaza alter store space 61000 2 81800 BUSINESS 1999 2 14,989 5 8867793 2000 0 0 0 0 AGRICULTURAL 1999 0 0 0 0 2000 0 0 0 0 INDUSTRIAL 1999 0 0 0 0 1 Ithaca College Smiddy Hall 103000 1 Cornell University 'B" parking lot 485,000 1 Montessori School 1 ,218 sq ft addition 100.000 2000 3 595,000 14 3,7747172 EDUCATIONAL 1999 2 219717500 10 4,840,670 1 Add windows 23716 1 Create home occupation in basement 10,000 1 Deck addition 81000 1 Replace window with larger unit 3, 148 1 Install sliding door 35000 1 Replace covered deck and new deck addition 23000 1 Outside wood deck 51000 1 Demolish house 5,000 MISCELLANEOUS 2000 8 382864 32 21958,531 CONSTRUCTION 1999 5 145,036 21 306,473 TOTAL NUMBER OF 2000 16 850,564 79 10,502,930 PERMITS ISSUED 1999 14 3,2165920 54 616202790 TOTAL FEES 2000 16 11390 79 14,055 RECEIVED 1999 14 31150 54 9,255 Date Prepared: June 30, 2000 Dani L. Holford Building/Zoning Department Secretary ATTACHMENT 1' 13 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 22 1 . 101 Dates Drive (CMC) - entrance canopy at emergency room. 2. 10 Evergreen Lane - inground swimming pool. 3 . Danby Road (IC) - parking booth. 4 . 980 Danby Road (Ithacare) - storage shed. 5 . 681 Five Mile Drive - 45' x 22' inground swimming pool. 6. 123 Vera Circle - replace 2 windows and demolish deck. 7. 179 Seven Mile Drive - new single-family modular with attached garage. 8. 304 Saranac Way - change dining room window and door. 9. 259 Coddington Road - 10' x 16' outside wood deck. 10. 1353 Slaterville Road - existing single-family residence. 11 . 105 Homestead Circle - 2 skylights. 12. 699 Coddington Road - add apartment. 13 . 114 Burleigh Drive (Latter-Day Saints) - duct/f imace installation. 15. 407 Summerhill Lane - new multiple residence - temporary. 16. 3 Perry Lane - new single-family residence. 17. 172 Troy Road - existing two-family residence. 18 . 165 Seven Mile Drive - new single-family modular home with attached garage. 19. Danby Road (IC) - new compost facility. 20. 110 Sharlene Road - add basement bedroom and modify bathroom. 21 . 350 Pine Tree Road (Judd Falls Plaza) - modification of tenant space @ Mail and More - temporary. 22. 315 Pine Tree Road (P&C) - supermarket building expansion and renovations - temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2000 - 87 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 1999 - 81 INQUIRIES/COMPLAIN'T'S INVESTIGATED THIS MONTH - 7 1 . 119 Honness Lane - property maintenance - abated. 2. 277 Burns Road - fill - pending. 3 . 3A Vista Lane - property maintenance - pending. 4. 654 Elmira Road - building code - pending. 5. 165 East King Road - fill - pending. 6. Enfield Falls Road - sign - pending. 7. 230 Sapsucker Woods Road - property maintenance - abated. From May 2000: 1 . 1014 East Shore Drive - property maintenance - abated. 2. 703 Hudson Street Extension - noise - pending. From April 2000: 1 . 111 Salem Drive - occupancy - abated. From September 1999: 1 . 703 Hudson Street Extension - noise - pending. From April 1999: 1 . 172 Calkins Road - property maintenance - $200 fine imposed - abatement deadline extended to 4/19/00 - court date 5/3/00. 3 From May 1998: J 1 . 155 West Haven Road - building code - application pending. 2. 220 Haller Boulevard - building code - pending. From Mardi 1998: 1 . 124 Haller Boulevard - building code (illegal apartment) - pending. (apartment occupied by family member) From February 1998: 1 . 803 Coddington Road - building code (illegal apartment) - pending. (apartment vacant) 2. 611 Elmira Road - building code (illegal apartment) - pending. (apartment vacant) From January 1998: 1 . 110 Winston Drive - building code (illegal apartment) - pending. (building vacant) From October 1997: 1 . 1447 Trumansburg Road - building code and zoning violation (illegal apartment) - pending. (apartment vacant) From May 1995 : 1 . 1152 Danby Road - zoning and building code - pending legal action. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2000 - 27 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE. 1999 - 26 TOTAL FIELD VISITS THIS MONTH - 117 Uniform Building Code - 90 Local Law and Zoning Inspections - 19 Fire Safety - 1 (4 unit multiple dwelling) Fire Safety Reinspections - 6 (4 multiple dwellings, 1 church, 1 museum) Fire/Emergency Occurrences - 1 (construction material) Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2000 - 587 TOTAL FIELD VISITS YEAR TO DATE, 1999 - 479 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 2000 - 5 TOTAL SIGN PERMITS YEAR TO DATE, 1999 - 4 ZONING BOARD OF APPEALS 1 MEETING, 3 CASES, NOTICE ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JUNE 144 2000 7 :00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, June 14, 2000, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N .Y . , COMMENCING AT 7 :00 P .M . , on the following matters : APPEAL of the Lee and Laurel Hodgden, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a building addition to house an elevator, with a north side yard building setback of 10 . 5 + feet ( 15 foot setback required) at 112 Halcyon Hill Road, Town of Ithaca Tax Parcel No. 66-3-22 .2 , Residence District R- 15 . APPEAL of Cornell University, Appellant, Kim Martinson, Agent, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to place light poles at a height of 35 ± U�t feet (30 foot hei ht limitation) at then "B" parking lot off of New York State Route 366 between Tower and Caldwell Roads, Town of'Ithaca Tax Parcel No. 63- 1 -3 . 1 , - 12, Residence District R-30 . APPEAL of Ron and Helen Shewchuk, Appellants, Scott Braig, Crown Construction, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a ;cfwz � et�.carport with a north side yard building setback of 6 ± feet ( 10 foot setback required) at 112 Winston Drive, Town of Ithaca Tax Parcel No. 70- 11 -28, Residence District R- 15 . Said Zoning Board of Appeals will at said time, 7 :00 p .m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary , upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: June 6, 2000 Published: June 9, 2000 U. Cr N J N .0 vb V a rr C O r � N Oo Cam. O O 7 U o 0 0 C) o o 7 C' C) g °o °o °o ° ° C)0 O C O O C C c o c� a rry O 0O0 A A A co Co ONO F j O O O O O r. r N $ z ON o a o o s O° °o o 00 U 2 O J Or ^ T ►: r �^ J O OO O W Go Go r O 0 O J O N J J 0' ✓ O O O O O O O J O C � � N r ri (7i O 7 ~ ~ \O o O o tA O co (A u � °o °0 0 o too $ ' cr o 00 00 y ° 0 0 0 0 0 0 0 0 Cl 0 0 Cl c v C y O 0 O O O O O fn U- Q o° (R Z C x z h Cl O O O O O rr z O °o °o °O °o °o °o N U A N In A J r N Q 0 O O A 0Oo U w N 00 O O O O O O cn J Os N J �O A ✓� C 00 C C O 6 O 1 A th iA U in S O O O O O O O O O O Town Board Meeting 7/ 10/2000 Agenda Item Number 27 (g ) Human Resources Specialist Report for June 2000 Personnel Committee : Attached is a copy of the Final minutes from the May 24 , 2000 meeting . The committee looked at a supplemental insurance for Cancer, by AFLAC . It was decided to pass the information on to the employees to see if there was any interest in the program . Other insurance coverage was discussed and I will be looking into the cost of such coverage . The group also reviewed a comparison of other municipalities ' policy on retiree ' s health insurance premiums . This will come back for further discussion regarding cost to the Town in August . The July 19th meeting has been cancelled due to the move . Safety Committee : The committee cancelled the July 6th meeting due to the move and Highway being behind due to the weather. The committee has been continuing the work on the Safety Manual . All the employees have purchased their Safety Toed Shoes and the committee will continue to review the cost and employees ' concerns . Wellness Program : The 10 employees who participated in the Lighten Up program received a reminder about the need for exercise . Attached is a copy of the flyer for your own interest . Work has begun on setting up the Fall Wellness Fair. Training and Development : Nothing new to report. Personnel — Civil Service : All 2nd quarter payroll reports have been submitted . Judge Bordoni and I conducted interviews for his Court Clerk position and have offered the position to our top candidate . This decision was very difficult due to having 2 excellent top candidates to chose from . The candidate chosen , Cindy Wasleff, has worked for the City of Ithaca Attorney' s Office as a confidential secretary since 1993 . Letters notifying the 2 part-time typist about being laid off have gone out, and have been discussed personally with them both . Mrs . Poole has also received notification about the change in her position due to Judge Bordoni ' s appointment of Ms . Wasleff. ATTACHMENT # 14 Commercial Insurance : There has been the normal day to day management of this insurance done . On June 7th truck 11 , 1996 Ford F150 Pickup , was damaged due to hitting a deer. The truck was drive-able , with damage to the front drivers' side bumper, door, hubcap , running board and side quarter panel . The damage was estimated at $2 , 800 . The Town has received payment from our insurance company and the truck has been scheduled to be repaired . Workers ' Compensation : There are no new developments in this area . Raymond Manning is still out of work due to his back injury . Disability Insurance : There are currently no employees out on disability . Submitted By : Judith C . Drake , PHR Human Resources Specialist D 1 Final Final Final Town of Ithaca Personnef Committee Meeting May 24, 2000 12 : 00 Noon At the regular meeting of the Personnel Committee for the Town of Ithaca , Tompkins County, New York held at the Town Hall , 126 E . Seneca St . , Ithaca , New York , there were present: Members : Supervisor Catherine Valentino ; Councilman William Lesser; Dani Holford , Senior Typist ; Larry Salmi , Heavy Equipment Operator. Absent: Councilman Ed Conley Support Staff: Judith C . Drake , PHR , Human Resources Specialist Others : Paul Tunison, General Manager, SCLIWC ; Larry Parlett, Administrative Manager, SCLIWC . Call to order: 12 : 10 Review Minutes of April 19, 2000 Meeting . Approved as read . Persons to be Heard: None . Review of corrections from Employment and Policy Section : Violence in the Workplace : Mrs . Drake said that she added the paragraph that Councilman Lesser suggested at the last meeting , and she added at the end of the paragraph " do not put yourself in more danger by confronting the person . " Review of Corrections from General Information Section : Disciplinary Policy_ Mrs . Drake explained that she spoke with Tompkins County Civil Service about this policy. They did not like our using a disciplinary policy as our first step . They wanted something that details what we do prior to that which is the reason for a Coaching Policy and Form . We should not use the word " disciplinary" in Civil Service until such time that we want to discipline the employee , that will open us to section 75 of Civil Service Law. They would prefer we not use the word " discipline" until we get to that aspect. 2 Final Final Final Councilman Lesser asked if there might be any assistance that could be given to the Department Heads when going from Coaching to discipline . It should be systematic procedure . Mrs. Drake explained that there is a meeting scheduled next Wednesday, May 31 , 2000. John Barney and Mrs . Drake will be chairing the meeting to discuss disciplinary policy. Also we will be starting the Performance Evaluation process in June . Mrs. Holford commented that an employee could be being Coached toward a disciplinary action and not realize it because it is done orally. Supervisor Valentino stated that all the training she had been given was that it should be made very clear to the employee what is happening right from the start. "This is a coaching session to help you improve your performance but ;you need to understand that this could least to discrpline action If the performance isn't corrected . " We are going to try to do a tittle more with training the Department Heads this year. Mrs . Drake said that most of the coaching should be verbal . And a tot -of it should be on going . If it gets to the - point of being written coaching that means that the verbal is not helping and it needs to be written with a plan of actiom.- Agenda Item #4: Review Records Management and Electronic Media Usage Policy . Mrs . Drake stated that she did take Councilman Lesser' s concerns to the Records Management Advisory Committee. Our discussion at that meeting was that the program needs to be looked at . However we did not want to hid up the Personnel Manual due to this policy . What we did discuss was putting in an overview of the Records Management Policy and an overview of the Electronic Media Policy with both policies being an appendix in the back. If the policy should need changes we can make changes without printing the full manual . Mrs . Drake worked with the Town Clerk and they made a pretty good overview for each of the policies . Mrs . Drake asked Mr. Tunison if they had decided to whom the violations should be reported at their facility. Mr. Tunison said they should be reported to the General Manager. The title General Manager will be added to that section . The Committee discussed the separation of the title " Records Management and Electronic Media Usage Policy" in the overview policies and felt the headings should be separate . Records Management Overview and Electronic Media Overview. Agenda Item #5 : Review Corrections to Employee Benefit Section . Mrs . Drake pointed out the corrections made to the Employee Benefit Section . 3 Final Final Final Mrs. Holford stated that since everything is left to the Department Heads employees are treated differently by different Department Heads . Supervisor Valentino again referred to the training of -Department Heads which would include general policy for the Town . We- will work with the Department Heads to make sure everyone is treated fair and equally. She said that some of the inequities are due to the difference in departments . Certain circumstances must be met in different departments that might give the perception of unfairness . The Department Heads are communicating more now through Department Head meetings . Each Department Head makes the determination -how his/her department runs efficiently. Disability Insurance and Workers' Compensation Insurance Mrs . Drake referred to the last page of the handout given to the Committee and pointed out the statement that if an employee goes on Workers' Compensation they are considered on unpaid leave . Their health insurance will be paid at the same rate as before the employee went on Workers' Compensation but their sick time and vacation time accrual stops . Short-terra absences are not included because the person is still being paid by the Town . It effects only long-term absences . The same policy applies to disability insurance . Retirees' Percentage of Health Insurance . Mrs . Drake stated that she had not been able to contact other municipalities . She will do so and report to the Committee next month . Agenda Item #6 : Review Miscellaneous Section . Travel and Training . The Committee discussed Reporting Hours Worked for Conferences . Mrs . Drake explained that this is covered in the Fair Labor Standards Act. The rules for travel for conferences are pretty detailed . It does say, anytime you are traveling during the workweek you have to report your time as soon as you leave your house . Driving time is considered working time but travel by bus or plane is not. She explained the Town' s ruling that passengers in a vehicle are allowed traveling time as well as the driver, because it is too hard to define to the employees' satisfaction " driver" and " passenger ' . The reporting hours worked for conferences might be something to be revisited . Mr. Tunison had a question concerning Meal Allowances . Is the statement " if they leave before 6 a . m . and if they get home after 6 p. m . " a Town Policy or is that from the Fair Labor Standards Act? Mrs. Drake stated that it is a Town policy. Supervisor Valentino explained that the policy has been reworked , and reworked and the policy as stated is the easiest, most efficient and fairest that could be adopted. Mr. Tunison had a question about Mileage Reimbursement for use of the employees' awn vehicle to travel back and forth . Is there some liability questions if they use their own vehicles for work purposes? Mrs . Drake explained that the employee should have their own insurance. 4 Final Final Final Mr. Lesser asked what was meant by Use- of Town- Equipment . Could- he- borrow a Town snowplow to plow his driveway? -Does it -mean the use -literally? Mrs . Drake explained that originally , at the Highway, employees wanted to do things such as oil changes , a tune-up on their own vehicle after hours . We also incorporated it to allow employees who wanted to use computers to do letters at work so we would allow them to use the equipment. Mr. Salmi explained that the way that came up , one of the employees at the County had a flat tire . He rolled the tire down to the County and was written up because he used their air. Because they have an absolute policy that employees could not use their equipment or materials . The employee was suspended for two days. Therefore , there needed to be some clarification for the Town use of equipment. Here the employee must get prior approval by the appropriate Department Head . Equipment may be used but not materials . - The- committee discussed the wording of this section . The word " occasionally" should be added . Mrs . Drake asked if the Committee understood- the Personal Use of Town Vehicles . Mr. Tunison stated that what they have done in the past, the Department Heads , Production Manager; Disbibution Manager, took vehicles home and they haven 't beery paying the tax orr it because they are- equipped vehicles and have to respond after hours to emergency situations . Mrs . QToke _ . stated the Town has the same policy. Some employees are on call so that is whp they have a Town vehicle. Mr. Tunison said that. no-changes need -hp . made in this section in that case . Mrs . Drake said she would incorporate all the corrections and have one last draft . The Committee discussed if one final meeting is necessary . They felt that one would be necessary to do the " clean-up" and then send the manual to the Town Board in August . The Committee will meet in June to do the " clean-up . " There will be no July meeting due to the move to the new Town Hall . Mrs. Drake stated that she will forward an amended copy of the Manual to Mr. Tunison . He will send the Manual to the SCLIWC Personnel Committee for review before sending it to the SCLIWC Commission . Mrs . Drake stated that she was contacted by a representative of AFLAC . He presented alternative insurance coverage that only covers cancer. It only pays if you are diagnosed with cancer and there is no other coverage . After discussion the Committee directed Mrs . Drake to forward the information to the members for their comments . Committee members suggested looking into increased coverage for short disability or adding long term disability. Meeting adjourned : 1 : 10 p . m . TB Meeting 7 / 10 / 00 Correspondence C4 40 jcuka: i I I I i I I e� •' U �•�,c._.i�-�LF.�. ----t-� G� Y�� `-fib k- �� 5 �' ATTACHMENT 15