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HomeMy WebLinkAboutTB Minutes 1988-03-30TOWN OF ITHACA SPECIAL BOAED MEETING March 30, 1988 At a Special Meeting of the Town Board of the Town of Ithaca, Tonpkins County, New York, held at the Tbwn Offices at 126 East Seneca Street, Ithaca, New York, on the 30th day of March, 1988, there were; PRESENT: Noel Desch, Supervisor Henry McPe^, Councilman Shirley Raffensperger, Councilwcman Robert Bartholf, Councilman Patricia Leary, Councilwanan Thomas Cardman, Councilman ABSENT: Raymond Bordoni, Councilman ALSO PRESENT: Robert Flumerfelt, Town Engineer John Barney, Town Attorney Deborah Dietrich, Board of Reps Representatives of the M^ia: Fred Yahn, Ithaca Journal Tom Maskulinski, WTKO/VOTY PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. STATUTORY INSTAHMENT BOND RESOLUTIOJ Supervisor Desch stated that basically the Town was successful in getting a proposal from the Trust Ccnpany for this odd statutory installment bond. He noted that twenty-one years was a pretty odd situation in relation to installment bonds but the Trust Company was very supportive. Nobody else would touch it. The best rate that the Trust Company could come with was 7 3/4% which means if we went that route we would be paying more than $8,000 in additional interest costs just to eliminate the IRS reporting requirement relating to the Tax Reform Act. Looking at all the possible opticns down the road, the risks are pretty small. Vfe may end up losing some interest in savings because in all probability after the national elections the interest rates will go up. On the other hand, we may well have a permanent financing of the water and sewer iirprovements that are now under construction within the time frame before the elections v^ch could give us a chance of rolling the temporary financing of these odd BANS into that financing and ^0^ ending up with the best option yet. We are, therefore, proposing to renew these BANS for six months, the six month rate is much better than the twelve month rate right now. In fact, this particular six months rate is better than the current rate that we have v^ch is 4.75%. This will give us a number of options, it will either allow us to purchase a statutory installment bond in six months, roll it into the capital financing \dien are ready, renew the BAN again for another six months and if that option takes place we may simply have to file another form with IRS. 8 Town Board 2 March 30, 1988 The Supervisor went on to say that the Bond Counsel was ready to send the bond resolution papers \jp ±f \ie wanted to take the 7 3/4% permanent financing but the other concern that he had aside from the interest cost was the fact that any future borrowing, Tf^en you have in your Official Statement an interest rate that is probably higher than you would get on a straight permanent financing of a new project, it might hurt our interest rate on scroething we might want to do down the road. Councilwcman Raffensperger remarked, the worst thing that could happen to us is that the IRS would question the tax deductibility. Hew long would it take thorn to do that? A fair amount of time. Supervisor Desch replied right. It is fairly unlikely that it would happen because in doing all the research that we had to do to plan for the statutory installment bond, we went back through and found that every payment that had been made since 1968 the payments are all clean and straightforward in relation to the Finance Law. We have the Bond Counsel's opinion that makes it clear that if we were to permanently finance this with a statutory bond or serial bond that they would be tax exempt. RESOLUTION NO. 84 Motion by Supervisor Desch; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the Supervisor to renew, for six months, the Bond Anticipation Notes for Second South Hill Water Note #1 in the amount of $156,457.00; Second South Hill Water Note #2 in the amount of $121,043.00; and Coddington Road Water in the amount of $11,500.00 at an interest rate of 4.70% on each of the three notes. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). YOUTH SERVICES VOUCHER SYSTEM Supervisor Desch stated that the Youth Services Bureau voucher system was urgent for two reasons. One, the application period is starting and two, we have a Newsletter to get out the inform the citizens of vhat we want to do. He went on to say that he had had probably a dozen inquiries from parents vdio have gone down to enroll their children in various program. He stated that he had indicated to them \diat the Board was proposing but that he had also indicated to them that it had not been approved by the Board. He stated that he would like to open up the discussion both for the plan and the Newsletter. The Supervisor went on to say that the only change from vtot he had sent the Board originally is the matter of verifying residency. He stated that he had talked to Gordon Bruno about the schools corputer system and vtet we will be doing is to have our person simply call the lady vto does the updating of the ccnputer when have a question about a residency then the school person running the computer will siitply say yes that person lives at such an address. We don't care v^ere the youngster goes to school or how many brothers or sisters the person has or what the situation is. We only care about v^ether we should be paying for that persons application. We won't be looking at hard copies of list that we would need to keep secure. Councilman Cardman asked if there was any question as to v^ther or not we can pay individuals directly? Ol Town Board 3 March 30, 1988 Supervisor Desch replied no. What we will be doing is that v^en the parent files the voucher with us we will have a statement, either in stairp form or scmehow put on there that they are certifying that the City Youth Bureau provided the services that they are seeking reimburseament for. That is the key. In other words, its the City providing the services, its not the parent and its not the Town so that will make it clear. Councilman Cardman asked, then we are not reimbursing an individual citizen for something? Si:pervisor Desch replied, we are writing a check to the individual but its the same kind of thing as with anything else, if you can be assured that the service was provided then the auditing chain is clear. Otherwise if you don't have, first of all, a residency verification and a receipted application that the Youth Bureau has the person signed on then the verification that the services were actually provided. We don't want to get into things like counterfit forms or other kinds of strange things, vAiich could possibly happen. He stated that he felt the levels of protection on it are more than sufficient. Councilman Cardman asked the Supervisor if he anticipated, we have $71,000 set aside to do it, are we going to run into a problem near the end of the cycle v^ere someone shows up and we don't have any more money. Supervisor Desch replied, the Board has the power to amend the budget, that's always possible. But as you know, from the projections, it is extremely unlikely that we are going to be even approaching that number. Plus the fact the application period is clustered, like from now mid June or July so we will know pretty rapidly how it is going. Councilman McPeak remarked, one of the things we talked about was being able to cut the program off if it approaches v^at we have set aside if we have seme warning. Supervisor Desch replied that is right but you must remember this is not particularly convenient for anybody and its a lot more costly for the parents so they have priortization that they probably will do, so he felt the program would be hurt. Councilman Cardman remarked, so you think that the participation will go down? Supervisor Desch replied, unfortunately he felt it would but he hoped it would not. Councilman Cardman replied that he agreed. He went on to say that the only thing he would be concerned about was if we have to cut the program out because we exhaust the $71,000. It would sure be difficult to tell that parent v^o cones in at $71,001 that we can't do it because your son or daughter signed up at the wrong time. Vfe can cross that bridge if and vhen we get to it. Supervisor Desch remarked, that he felt the demand limiting situation is going to overpower that likelihood. In other words, you have three youngsters and you want to sign them up for three $120 programs that's $360 up front with eventually $180 coming out of your pocket which before was about half of that, or less. Councilwcman Raffensperger stated that she had a question about the system. One of the things that's really difficult about the theoretical family with three children is the upfronting, for example the sports day camp, of $260. Now, there are going to get zi Town Board 4 March 30, 1988 half of that back but she did not know vihat kind of lag there is. She asked if there was no possibility of our having worked out a system where they paid the half and the City sent us a voucher for the other half? Supervisor Desch replied, the City so far has not been the least bit interested. Councilwcman Raffensperger remarked, that she thought they probably weren't. Councilman McPeak remarked, they told us it was difficult to verify the information. Supervisor Desch stated that in someway it would be sinpler than in the past, in other ways it will be more complicated. For exairple, in the past they had to deal with Towns other than the Town of Ithaca on the double the rate system. The had three or four different types of systems to work with. Now, basically everybody outside the City is on triple rate. Councilwcman Leary remarked that she had a question. On the sheet v^ere you breakdown the fee and the Town's cost, you estimate the Town's cost will be $40,000 to $45,000. Is that Town cost or total cost? S\:5)ervisor Desch replied. Town portion of the total cost. He want on to say that the $32,270 is probably \tot it will be, however, to put a safety factor in there it could go $40,000 to $45,000 vMch leaves quite a bit left v^ch probably we will need for the following year if we are able to come up with seme kind of an agreement with the City and the County. It's good to have that in the bank for next year. Councilwcman Leary remarked that she was wondering, with 50% reirnbursQtent the Town families would still be paying vtot, half again \^t they were before? Supervisor Desch replied, that is right. Councilwcman Leary remarked, that is kind of high. Could we make the reimbursonent higher to cover more of that? Supervisor Desch replied that he did not think that would be safe. There is cilways the danger and the risk of getting into the middle of the application season and running out of money. Councilwcman Leary remarked like you say, it is an awful big safety. She stated that she would rather see it going back to the families now than putting that much of a cushion away for next year because next year we can negotiate that. Supervisor Desch remarked, its all tax dollars either way. Councilwcman Leary stated that she hated to see the families who can afford it least be the first ones to drop out. Supervisor Desch ronarked that of the six or seven parents he nmt, talked with, when he explained the program to them they had no qualms at all about the amount. They realized they were paying an increase but they also realized v4iat seme of the other alternatives were also. He stated that he would reccmmend against going beyond the 50% share. Councilwcman Raffensperger wondered if there were any funds available through any agencies in Town that normally subsidize f'T Tcwn Board 5 March 30, 1988 children v^ose parents cannot afford to pay these fees? Any fees, she felt that there must be. She vrondered hew this was handled before. Sii^jervisor Desch replied, probably not in the case of recreation programs. The Youth Development Programs are still going to be at no fee and those are the ones that generally would qualify from scmeother source as well. Councilwcman Raffensperger stated that she would pursue that question and see if she could find the answer to it and if there is an answer may be it is scroething we could have available here in Town Hall for p)arents \Jho cane in. Town Attorney Barney stated that he had just caught this item on the agenda. He asked if there had been any discussion about the constitutionality of reimbursing individual people? Supervisor Desch replied, we just talked about that before you came in. He went on to esqslain that the way it would work would be that the voucher would show that the individual submitting the voucher would certify that the service had been provided by the City Youth Bureau and along with that we would have the receipted application. There still is a possibility that we may get at least a poarfcion of that State Aid that we have had in the p)ast. Frcm an Axadit and Control standpoint there is no problem. He asked the Town Attorney if he was thinking beyond that aspect of it? It has to be clear that a service was provided. Town Attorney Barney stated that the Constitution of the State of New York states basically that tax dollars shall not be used for individual purposes. He stated that he understood the idea here and that was good but he just a little troubled whether we were running afoul of that provision. He asked if he could have a day or so to make a couple of calls? Supervisor Desch replied that we must get the Newsletter out. He felt that we must either do it or not do it. We have people applying. Councilman Cardman asked v^t was the deadline on the Newsletter? Supervisor Desch replied, like tomorrow. We have other things as well. Councilwoman Raffensperger, speaking to the Town Attorney stated that she did not hear all of v^iat he had said. How quickly could you assess this? Town Attorney Barney replied that with this deadline he could probably drop everything else and do it this afternoon. He went on to say that his question is, under the State Constitution v^ich prohibits using State tax or any tax revenues, local or otherwise for any individual benefit, or the benefit of ijidividuals. He went on to say for example, the Town Board cannot vote itself a $500 or $1,000 payment, you can for salaries, but not as a gift or sonething like that. This is close to something like that and he stated that he would like to look at the mechanism that was mrnt established to be satisfied that it does or does not qualify. You may still want to do it, however, and it won*t be the first time that a decision was ma^ because the irrportanoe of the program outweighed the risk. Supervisor Desch replied that it would be more troublesome he felt if there had not been a long standing program of providing the services that are being provided. In other words, if this was a 'n Town Board 6 March 30, 1988 totally new program. But it really is no different other than the administrative process itself. Councilman Cardman asked the Town Attorney if he could look at it and still met the publication deadline for the Newsletter? Town Attorney Barney responded, yes. Councilman Cardman replied that he would feel more confortable if the Town Attorney, at least, came back with a reccmmendation. Tcwn Attorney Barney replied that he would suggest that if the Board wants to proceed they authorize it subject to his ccmraunicating with the Town Supervisor within the next 24 hours. RESOLUTiq^ NO. 85 Motion by Councilman Cardman? seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Youth Seirvices voucher system siibject to the recatinendation of the legality of the procedure by the Town Attorney within 24 hours. (Desch, McPeak, Raffensperger, Bartholf, Leajry and Cardman voting Aye. Nays - none). Councilwonan Leary stated that she had voted yes, but she still felt the reimbursement should be higher because if it has been a tax supported service so far she did not see v^y we should start having parents bear a significant part of the cost. She voted yes because it was better than nothing but that she really felt it should be a little higher. Supervisor Desch replied that this will give us a chance to evaluate the flow of dollars, this way. Councilwoman Leary remarked that if the Board saw significant numbers of people dropping out that should be an indication to us that may be we really should give it more support. Supervisor Desch remarked, there may be other reasons they are dropping out though. Councilman Cardman remarked, it going to be a very difficult situation \iben. we go to sit down now with the Youth Bureau because we have created this variable of participation by not having the same programs or the same kind of support for the programs in the past. Supervisor Desch replied, that is why it would have been a lot easier and beneficial for everybody if the City had accepted what we proposed. Councilwoman Raffensperger remarked, basically what's happening is that the increase in the cost of the program is being shared equally by the Town and parent, am I correct? Supervisor Desch replied, that is correct. RESOLOTIOSr URGING NEW YORK STATE TO ADEgJATELY AND EQUITABLY FUND UPSTATE TRANSIT SYSTEMS Supervisor Desch stated that this item has to do with the current State budget vdiich potentially could cut back on upstate mass transit subsidy. oz Town Board 7 March 30, 1988 RESOLUTION W. 86 Motion by Councilwanan Raffensperger; seconded hy Councilman Cardman, WHEREAS: 1. The caiibined ridership of public transit in Toirpkins County, including Ithaca Transit, CU Transit, Inc., and Tcnipkins County TOMTRAM, set a record 2.2 million passenger trips in 1987. 2. New York State Transit Operating Assistance (STOA) provides a major revenue source for public transit in Tcmpkins County, amounting to $914,890 for State Fiscal Year 1987-88, and is essential to the continued operation of public transit in Totpkins County. 3. Fluctmtions in the levels of State dedicated gross receipts taxes, v^ch compose the major portion of revenue for STOA, causes considerable uncertainty and budget short falls for public transit systems. 4. The New York State Department of Transportation estimates that the deficit in dedicated gross receipts taxes is expected for future fiscal years and will result in revenue short falls that can lead to service cuts, fare increases, and budget deficits. 5. The Governor's Executive Budget for State Fiscal Year 1988-89 proposes a 7 per cent increase in STOA to $1,004 billion, with the only exception of a 26 percent or $3.4 million cut for \:pstate \jnspecified systems, vtoch will result in a loss of $281,400 for public transit in Tosnrpkins Coimty in 1988, including a loss of $94,500 in State aid for TOMTRAN. 6. The cuts in State transit funding and continued reductions in Federal Section 18 funding serves to destabilize rural and small larban transit throughout x:pstate New York, including Tonpkins County, and is contrary to sound Statewide transportation planning. 7. The impact of the cuts in funding would be adverse to the sensible management and growth of the Ithaca area vAiere, as in many other upstate coonraunities, rugged topography presents many challenges to efficient transportation, and viiere Tcitpkins County residents with a wide range of income levels depend on public transit for ccnmuting to shopping and employment centers. NCW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Town Board urges the New York State Legislature and the Governor of the State of New York to restore funding to the Upstate Unspecified transit systems at sufficient levels to fully fund the State Transit Operating Assistance formula. 2. That the Town Board reccirmends that lapstate and downstate public transit be fairly and equitably addressed, as public transit should be considered a single and essential public service that benefits residents throughout New York State. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). AUTHORIZATION FOR CITY OF ITHACA TO DETOUR TRUMANSBURG ROAD TRAFFIC OVER CAMPBELL AVENUE IN THE TOWN OF ITHACA DURING RECONSTRUCnCN OF CLIFF STREET Town Board 8 March 30, 1988 Supervisor Desch stated that it has been discussed at considerable length, what would happen if we decided to declare our portion of the Cairpbell Avenue detour a Type I action. Obviously it would delay the City's schedule. However, he felt there was one thing the Board should do if they go along with it and that is, on an emergency basis, switch the stop sign around so that the stop sign stops the traffic on Brookfield and lets the traffic on Caitipbell go through or you are going to have traffic backed up that steep hill onto Route 96. The City, at our request, is providing sidewalks now on one side of Cliff Street to the Town line, v^ch do not exist now. We are looking at the feasibility of extending that to provide a safe walkway. They have been very cooperative on that aspect. Town Engineer Flimerfelt asked if back when the City was first planning this project, did they have any discussion with the Town in regard to the time element of the period of construction and Aether they were going to do it by contract or with their own forces? Supervisor Desch replied no, not that he was aware of. The Town Engineer asked if the City was planning on doing it with their own forces, aren't they? Supervisor Desch replied that he thought so. He went on to say that it was troublescme that it is going to take this amount of time. Town Engineer Flumerfelt remarked that this was his concern. It would seem as if a good size contractor were to undertake the job it would be done a lot sooner. Supervisor Desch added, also they are not replacing the road base, they are not taking all the gravel out and replacing it with new gravel. DdDorah Dietrich, County Board of Representatives stated that she felt there was a real public safety issue in not keeping one lane open all the time. There is no pronise from the City now to keep one lane c^)en up the hill. The emergency access is shown as up Canpbell Street and back to Route 96. We are going to have much, much traffic on those roads and Campbell Street is a very narrow street. She stated that she did not see with the truck traffic, \toch will continue, that you are going to have room for emergency vehicles to get through. She wondered if there was a probloti in the Town now, vAiere the Town would be liable and, therefore, there could be a liability to the Township. Si:pervisor Desch replied, we have talked about this as well. He asked the Town Attorney if he cared to shed seme light on the subject. Mrs. Dietrich asked if the Town could force the City to keep one lane open at all times? Supervisor Desch replied that the Town could certainly avoid giving the City permission until they give us a hold harmless but he did not know what that would be worth. Councilwcman Raffensperger stated that she understood, at one point, that the City was going to keep one lane open v^le they paved the other lane. Why, all at once, has this all changed? Supervisor Desch replied, they are now saying that they are going to have radio contact with the emergency vehicles and to try to vZ Town Board 9 March 30, 1988 allow than to cote up through Cliff Street during all the phases of the project. How realistic that is he was not sure. Councilman Cardman added, how do you move the paver i^ien there is an ambulance caning? S\:pervisor Desch lanarked, how do you get over all the manholes that you just raised? Councilman Bartholf remarked, right now all southbound traffic will go Campbell Avenue, is that right? Si:ipervisor Desch replied, all southbound traffic is being encouraged to use Perry City Road and Taughannock Boulevard. If it is traffic v^ich is generated on the Ithaca side of Perry City Road that traffic will use Campbell Avenue. Councilman Bartholf, noting the heavy truck traffic, asked why the detour was not moved out to Interlaken and then they could go down where they did vhen they closed Taughannock Boulevard bridge. It*s only a mile difference between 89 and 96 and caning down Perry City Road is not good. Councilman McPeak remarked that the Boulevard is bad in the summer because of the cottage owners parking on both sides. Councilman Bartholf added, plus water and sewer is going in also. Supervisor Desch felt that the interstate truck traffic would find other routes. Town Attorney Barney stated that he felt the hold harmless was worth asking for. Also, it seanned to him that an awful lot of highway building was done in the last two weeks of August because every body starts in April, then takes too many coffee breaks and then has to hurry to finish and if the City was asking for April 1st to September 1st it seoned worthvMle to him to put a shorter leash on that time and then, if necessary, ccme back to ask for additional time, rather than agreeing. Councilman Cardman asked, \tot about any damage done to our part of Campbell Avenue, will they repair it? We should insist on that. Councilwonan Leary asked if the Board was going to put in the stipulation of keeping one lane open on Cliff Street? Si:pervisor Desch replied, that might be self defeating. They may cane back and say you can't have it both ways. Supervisor Desch remarked, there is scmething to be said for having a longer work day also. You would think you would want to get in there during all the day li^t hours, put in 14 hours and then at the end of the day open the road to emergency vehicles. Supervisor Desch asked the Town Attorney \(tet process was needed to move the stop sign at Campbell Avenue? He noted that the City was now talking about closing the road on April 12th. Town Attorney Barney replied that it would make more sense to amend pMi the Traffic Ordinance on a toiporary basis. RESOLUTION HO. 87 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the City of Ithaca to use Campbell Avenue as a detour for 9^ Town Board 10 March 30, 1988 the Cliff Street project contingent upon the City of Ithaca providing a satisfactory hold harmless agreonent, that the City schedule the project so that it be ccmpleted by July 15th, that any necessary restoration of the Town's portion of Cairpbell Avenue caused by the heavy traffic be accorplished by the City in 1988 and that the City and Town Engineering staff jointly determine detour signage as it affects the Town, and FURfflER BE IT RESOLVED, that assurances be made to the Town that adeqi^te provisions are made to permit emergency access to the ' hospital at all times. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RESOLUTIOJ NO. 88 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on April 11, 1988 at 7:15 P.M., to consider amending the Town of Ithaca Traffic Ordinance to temporarily modify the stop sign at the intersection of Campbell and Brookfield. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). ATTENDANCE OF HIQiWAy SUPERINTENDENT AT TRUCK MAINTENANCE WORKSHOP RESOLUTION NO. 89 Motion by Councilman Cardman; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby ratify the attendance by Highway Superintendent John Ozolins at the Nationcil Private Trucking Association seminar on Equipment Cost Control, v^ch was held in Philadelphia, Pennsylvania, March 29 and 30, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Nr^-yfeiiKri'tiiK Supervisor Desch renarked that he finally had a few words to add having to do with the East Ithaca Circulation Study. We finally got the information from. Cornell. Councilman McPeak questioned the statement regarding owners of disabled or unregistered vehicles located in their front yard, v^t about the driveway or the side yard? Supervisor Desch replied, if it's screened from the neighbor we don't really pursue it. If it's not a public problen we really don't push it. Councilman McPeak asked \tet about in the front yard in the driveway? Supervisor Desch replied, yes that includes that. He went on to say that the only other thing we talked about putting in here had to do with recycling but it appears that the meetings that will be 82 Town Board 11 March 30, 1988 taking place on that will probably involve Lansing and not necessarily the Town of Ithaca. Councilwcman Leary asked if there was room could the names and telephone numbers of the Town Board members be included? RESOLUTION NO. 89 Mbtion by Councilman McPeak; seconded by Councilman Cardman, I RESOLVED, that the Town Board of the Town of Ithaca hereby approve the 29th Town of Ithaca Newsletter. ^0^ (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Councilwcman Raffensperger questioned, v^ere in the Newsletter it stated that the result is that youth participation frcm the Town of Ithaca and the Village of Cayuga Heights will be paying fees three times the City fee rate and that this was certainly true. She asked if this inplied that other people in the County don't, or does this not matter? It's really all youth participants outside the City of Ithaca. Councilwcman Leary remarked that if you want to emphasize the fact that it's the City making the charge, you could say that the result is that the City will charge youth participants from the Town of Ithaca and the Village of Cayuga Heights three times the City youth rate. NEW YORK STATE RETIREMENT SYSTEM - T(MJ BOARD MEMBERS Supervisor Desch ronarked that v^en this came up he had no idea of vtot number to ccme up with so this calculation is just vtot has run through his mind and whatever the Board decides is the number of hours that is involved is fine with him. Councilwcman Raffensperger relied that one of the things that is not included is all of the cormunity conferences and events and everything that we are invited to. Although none of us go to all of them she felt that all Board members make an effort to do it. Supervisor Desch remarked that he had tried to roll that into the last two items. To try to figure an average over the course of a year is difficult. He stated that he did not want to ccme out and say a much longer period then you feel obligated to take on seme kind of an obligation. What this does it means that in order to get one good year in the retirement syston you are talking about being a Town Board member for ten years. This has ccme up over the years and there really isn't any financial benefit unless you have other state time that you can buy back. Councilman McPeak noted that there are a couple of Board members who have been here ten or more years and the question has ccme up ^0^ over the years as to v^ether or not we are eligible for State Retirement. One, he was always told we weren't eligible and number two, the fact that it wasn't worth a hill of beans as far as inccme. Supervisor Desch stated that the last conversation he remembered having on it, was with Dooley Kiefer vAio looked into it and it was just a matter of pennies plus the fact that if you happen to be Tier III you have to pay into it at the rate of 3%. 08 Town Board 12 March 30, 1988 Coimcilman McPeak ranarked, we aren't eligible for Tier III, as he understood it, only Tier IV. Supervisor Desch replied, well it depends on vdien you started. Councilwoman Raffensperger remarked that since there was a practical application to this as opposed to purely theoretical, she felt it would not be unreasonable to add another six hours for the Icind of things she was talking about, conferences and ccraraunity ^ activities or meetings. RESOLUTIOJ NO. 90 Motion by Coimcilwcman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve a total of 30 hours as a standard work period per month to allow Town Board members to enroll in the New York State Retironent System. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). APPOINTMENT TO ZOSIING BOARD OF APPEALS RESOLUTION NO. 91 Motion by Councilwoman Raffensperger; seconded by Councilman McPeak, WHEREAS, due to the death of Jack Hewett, a vacancy occurred on the Zoning Board of i^jpeals, and WHEREAS, the Zoning Board of i^peals actively solicited Town of Ithaca residents in order to fill the vacancy, and WHEREAS, the Zoning Board of i^peals reconmends the appointment of Eva B. Hoffinann to fill the vacancy, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Eva B. Hoffinann to the Zoning Board of i^jpeals, tern to expire Deconber 31, 1992. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Supervisor Desch noted that the Board had, in their packets, the proposed local law for the Chamber of Commerce rezoning so that they would have it the required number of days before the public hearing on i^ril 11. Also, a letter from Mr. Horowitz and a copy of the City of Ithaca's Noise Ordinance. He went on to say that seme of the people on East Shore Drive are asking us to adopt seme kind of ordinance. He asked the Board members to take it with them and study it and we will take it up for discussion on the 11th. There will need to be seme kind of modifications because seme of the sections are not applicable to the Town. CONTINUE REVIEW OF DRAFT SEQR IAN Supervisor Desch noted that the Town Attorney was looking for feed back from the Board. We need to formally continue the hearing in 911 Town Board 13 March 30, 1988 i^ril. The Supervisor asked if there were major changes the Board wished to make? Councilwcman Raffensperger stated that she would like to make a ccninent about her favorite subject, thresholds. She went on to say that v^en we first started talking about them we seemed to have a kind of consensus that we were going to look at the thresholds. Then it appears that this requires staff time that we do not have at the moment. But vdien we have a resolution that will enact this, she wants to make sure this resolution has a section in it that refers to the need of a period, say within six months, for our staff to look at these thresholds. ^ RESOLUTION NO. 92 Motion by Councilwcman Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on i^ril 11, 1988 at 7:45 P.M., to consider a local law amending the SEQR local law. (Desch, McPeak, Raffensperger, Bartholf, Leary and Caardman voting Aye. Nays - none). Town Planner Susan Beeners stated that she felt it would be nice to have one of the Attorneys e^qplain Section 3, Number 2. Attorney Ruswick replied, we decided to clarify, vMch is the existing practice, that if an action meets both of the requirements of a Type I, for exaitple, in a critical environmental area but it also meets the requirements of being exenpt or excluded or a Type II that it's only the exempt excluded Type II it's not a Type I and ^ SEQR does not apply simply because it meets the thresholds of a Type I. We added this extra paragrajdi to clarify that. We thought that the specific instance of a critical environmental area you might want to do if the Town wanted to control v^t might be considered encroachment on critical environmental areas. The Board might want to amend the Zoning Ordinance to provide for special permitting area construction that would be done in a critical environmental area. This would give you SEQR review of vtot is going on in a critical area. Town Attorney Barney remarked, ministerial acts are generally exempt from SEQR. For example, the issuance of a building permit involving no discretion is exempt from SEQR so if somebody comes in with a building permit application that on it's face meets the Zoning Ordinance and other requirements, the Building Inspector has no choice but to issue that building permit. Now if it happens to be in a critical environmental area the Building Inspector still has no choice at the moment because if it meets the side yard setbacks and sits on a lot that is the right size, etc., he must issue that permit so it's ministerial, therefore, it's exempt even though we say in this SEQR law that anything that occurs in a critical environmental area is a Type I action requiring SEQR review. The State regulations had provided that if you had an exempt action or an exclusive action you don't deal with it as a Type I action even though otherwise it might qualify as a fype I pw) action. We have followed that same format here. Councilwcmian Raffensperger renarked, this means then in a critical environmental area there would be no SEQR action on any ministerial action. And the building of a nxjmber of houses which to not meet the thresholds would fall outside of the SEQR. Town Attorney Barney replied, that is correct. 81L Town Board 14 March 30, 1988 Town Planner Beeners asked how did this relate to Section 6, lb? If a single family house is built in an area that is not a critical environmental area or other special area, aren't we recognizing v^at is scmev^t of a ministerial action in here as being a real action and not being an excluded action? Town Attorney Barney replied that Type II says you can build a house anywhere and that's a Type II action not exerrpt, not excluded but a Type II v4iich means that on the face of it it does not require any environmental studies. Town Planner Beeners replied, okay but we make an exception in "b" that a house in a critical environmental area would not be Type II action. Town Attorney Barney replied, vdiich was the exception that was in our prior version but this exception does not really match with the way our Zoning Ordinance is set up nor does it really match with excluded actions. The choice at that point was to sinply eliminate this all together and that didn't make any sense either. Councilwcman Raffensperger ronarked that this was an inportant kind of decision to make, if that paragraph you put in actually invalidates this, it's sanething to think about. Town Attorney Barney remarked that it probably was invalidated anyway. All we are trying to do is clarify v^at we understood the law to be. You define ceartain actions as being exenpt, including ministerial actions. Now the construction of a house may or may not be a ministerial action depending on the format in vMch it caties in. It may be a subdivision process, it may be a variance application vdiich go beyond the normal ministerial actions of issuing a building permit but if it is just plain and siitple, a lot that has been previously approved and need a building permit for this 150' X 100' lot which is in an R-15 zone and it happens to be in a critical environmental area then this exception would not apply because the lot is exenpt, it's a ministerial act. The Town Attorney went on to say that vdien you allow the process in the first place, vAien you allow the subdivision in the first place, is and does require environmental considerations at that point. But if there is an existing lot in that area today, a single family house can be constructed on it without going through SEQR. If there is four hundred feet of frontage in an area such as that and scraebody wants to subdivide that into two lots then it will have to be subjected to the environmental considerations. Attorney Ruswick remarked that they were just clarifying the designated wetlands. The State law provides that any construction in a designated wetlands has to get a permit by the Town if the Town has a procedure, ty the County if the County has a procedure or if neither of those do, then the State in order to do construction there. Any construction, at all in a designated wetland has to get at least a State permit to do it vMch means that the State would then do a SEQR review at that level. Councilwanan Raffensperger stated that as she rematibered it to do any construction, it seerrted to her, that in the law we passed that the restrictions were quite stringent and she wondered how that connected with these. So they have to get a permit from the State or frcM the Town? Supervisor Desch replied, the State. We don't have local administrative authority. QZl Town Board 15 I^I^ch 30, 1988 Town Attorney Barney asked if the Town had any designated wetlands in the Town? Supervisor Desch replied yes, ADVERTISE FOR SALE OF lAEGE SNQWBLOWER Supervisor Desch remarked that the Highway Superintendent had asked for authority to advertise for sale, the large snovtolower that has been sitting down at the Highway Bams for about fifteen years and not used. RESOLUTION NO. 93 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the advertisement for sale of the large snov±>lower. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). EXECUTIVE SESSION RESOLUTION NO. 94 Motion by Supeirvisor Desch; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby adjourn into Executive Session to discuss a personnel matter. ^ (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RESOLUTION NO. 95 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into open session. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). APPOINTMENT OF ASSISTANT TOWN PLANNER RESOLUTION NO. 96 Motion by Supervisor Desch; seconded by Councilman McPeak, WEIEREAS, the Interviewing Committee has completed its interviewing of candidates for the Assistant Town Planner position, and WHEREAS, it is the consensus of the Interviewing Committee that George R. Frantz is the most qualified candidate to fill this position, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby the appointment of George R. Frantz as Assistant Town Planner at a salary of $21,000/year. Z7,J Town Board 16 March 30, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). ADJOURNMENT The meeting was duly adjourned.