Loading...
HomeMy WebLinkAboutTB MInutes 1992-05-11Town of Ithaca Town Board Meeting Hay 11, 1992 At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, there were: PRESENT ALSO PRESENT MEDIA: EXCUSED: Shirley A. Raffensperger, Supervisor John Whitcorab, Councilman Patricia Leary, Councilwoman David Klein, Councilman Frank Liguori, Councilman Karl Niklas, Councilman John Barney, Town Attorney Joan Lent Hamilton, Town Clerk Andrew Frost, Building Inspector/Zoning Officer Daniel Walker, Town Engineer Scott McConnell, Highway Superintendent Floyd Forman, Town Planner Linda Nobles, Assistant Budget Officer, Personnel Manager Girard Oberrender, Jr. Judy Dunning Noel Desch Dave Auble James A. and Carol W. Ridall Bill Hilker, Sr. Bill Hilker, Jr. Jim Hilker Candace E. Cornell Eraldus Scala Ed Hallberg Myrtle Whitcomb Celia Bowers Virginia Langhans Greg Williams, WHCU Catherine Valentino, Councilwoman Pledge of Allegiance: Supervisor Raffensperger led the assemblage in the Pledge of Allegiance. Call to Order: Meeting called to order at 5:32 p.m. n Town Board Mtg. Minutes 5/11/92 Pg. 2 Agenda Item #3 - Report of Town Officials a. Supervisor's Report: The Supervisor reported that the Town received Sales Tax Distribution for the first period of 1992 in the amount of $309,475.35. Over $40,000 short from the first period of 1991, but higher than the fourth period of 1991 by approximately $31,000. The 1990 Census was used in May for the first time increasing the overall Town share. The County has determined that State law does not require the County to pay local municipalities interest on sales tax revenues, amounting to about $15,000 for the Town of Ithaca. The Town Supervisors in the County are protesting this interpretation of the law. The Tompkins County Board of Representatives on May 5 approved advertising for bids for the Judd Falls/Pine Tree Road intersection safety improvements. Supervisor Raffensperger has asked the Tompkins County Board of Representatives to coordinate for the Towns and Villages a County wide system to deal with the rabid animal problem. Frank Liguori, Scott McConnell, Daniel Walker and the Supervisor met with the Executive Committee of the Forest Hill Improvement Association on April 22 concerning the reconstruction of Judd Falls Road. The Reapportionment Committee of the County Board is rejecting the compromise plan 29L presented by the effected municipalities. They will recommend a plan to the County Board that was not among the three presented to the municipal boards. The rationale for this seems to be the deviation in 29L is to large, although that could have been reduced if the ad hoc group had not been constrained by working on the three plans presented to the community. A constraint that the Committee abandoned for itself. A decision as to the Committees recommendation is scheduled for May 15. b. Town Engineer's Report - (Written report attached.) Mr. Walker reported that Phase II of the Inlet Valley 1989 Water and Sewer Improvements will probably be ready for Town Board action in June. Final approval from the State and some easements are still needed. c. Highway Superintendent's Report - (Written report attached.) April was a clean up month with preparation for the summer road improvements. The Parks Department helped finish the cleanup projects and then started work in the parks. r Town Board Mtg. Minutes 5/11/92 Pg. 3 Agenda Item #3 - Cont'd d. Town Building Inspector/Zoning Officer Report - (Written report attached.) Mr. Frost reported the building permits for the third phase of College View Mobile Home Park have been issued. Two complaints dating back to June/July 1990 with a Bed & Breakfast and some Sapsucker Woods properties are finally reaching completion. Supervisor Raffensperger noticed the total number of building permits issued for the year were up, but the receipts were down. Mr. Frost explained there were 13 Mobile Home Building Permits for College View Park which increased the number for April, the dollar value of each home would not have been significant. e. Town Planner's Report - (Written report attached.) Under the Comprehensive Plan there will be a public meeting on Chapter 3, Goals, Objectives, and Recommendations on May 28, at the NCR Cafeteria, 7:00 p.m. Cornell's Draft Generic Environmental Impact Statement (GETS) will come before the Planning Board on May 19. A copy of the Draft GEIS is available at the Planning Office for any interested persons. Agenda Item #4 - Report of Town Committees Councilman Klein reported Chapter III (3) of the Comprehensive Plan is being published and will be available to the public for about two weeks before the meeting on May 28 at NCR. A press release has been issued to the local media, letters have been sent to local newspapers asking them to publicize and encourage the public to obtain copies of Chapter 3 and give the committee their comments. The consultant has attended numerous meetings with the staff and the CPC and are working on Chapter 4, 5 and 6. Councilman Liguori reported at the Public Works Committee meeting they discussed the concept of a townwide speed limit approach to establishing speed limits in the town. It was determined to be something which should be pursued at least on a conceptual basis. The Committee also discussed the status of water and sewer capital improvements. The projects in Phase I are completed. The Committee reviewed the petition from the residents around Drew Road for public water, no conclusions have been drawn at this time. The Highway Superintendent told the Committee about the need for an improved radio system. Town Board Mtg. Minutes 5/11/92 Pg. 4 Agenda Item #4 - Cont'd The Committee also considered the results of the meeting with the Judd Falls Road and Forest Home Drive Improvement Committee when the proposed improvements were discussed in detail. Superintendent McConnell articulated the Committee's point of view to insure safety and adequate traffic flow. Councilman Liguori reported that at the beginning of the meeting the Forest Home people informed the members they had no authority to make any decisions for the Committee. As the meeting progressed it was clear there were concerns which could not be resolved then, and there would not be enough time to resolve all the concerns before the construction begins this year. It was mutually decided to postpone construction for a year so these issues could be addressed and resolved before construction. Councilman Niklas reported the Codes and Ordinances Committee report would be contained within the context of the discussion of Agenda Item #29. Councilman Whitcomb stated he will make his report during the discussion of Agenda Item #19. Agenda Item #5 - Report of Countv Board of Representatives No Representative was present to give a report. Announcement; The Supervisor announced that Agenda Items #14, #18, #28, and #32 have been deleted. There are also additional Agenda Items #36, through #41. Agenda Item #6 - Persons To Be Heard Noel Desch a member of Citizens for Sensible Land Use and Property Rights addressed the Board. Mr. Desch explained he has done an analysis of the cost per date of the Comprehensive Plan and wished to share it with the Board. Mr. Desch used Town Budgets and Financial Reports to arrive at a 5 year breakdown of the costs, he explained to the Board how he arrived at those costs, (see attached). There has been a great deal of interest throughout the Town as to what the costs of the project has been, and what the time period of completion will be. Mr. Desch feels that the Town Board should prepare detailed costs and make them available to the public at the scheduled public meetings, so residents can judge what they are receiving for the money. Town Board Mtg. Minutes 5/11/92 Pg. 5 Agenda Item #6 - Cont'd Supervisor Raffensperger asked about the figures presented for 1988 and 1989 for Comprehensive Planning, and what the components were for that figure. Mr. Desch responded that preparation for the RFP's took a great deal of time, and there was a great deal of time spent on the goals and objectives. The Supervisor stated she had heard speculation about the cost of the Comprehensive Planning and she has done an analysis since 1990 when the major planning of the project took place. These speculative figures are just to illustrate that different individuals look at the same situation in a different way and can make different calculations. She did not disagree that there have been substantial costs for the Comprehensive Plan and the residents will have an opportunity to evaluate whether it has been a worthwhile expenditure. At the next Town Board meeting the Supervisor will present to the Town Board a projection of the costs. The Supervisor suggested that Mr. Desch may wish to factor into the staff salary calculations a grant received in 1992 for one position of $30,000 which is not at all involved in the Comprehensive Planning process. Councilman Niklas suggested it may be constructive to get figures on the cost of the Comprehensive Plan that go back further than 1988. These figures do not show the inflation factor, and how much the cost of operating government has increased. If you look at only the first years, the 1992 budgeted appropriation may actually be less because we have been able to cap the costs. Inflation may have pushed these figures even higher, but they are remaining stable because of good government. Dave Auble addressed the Board saying some people from South Hill have called him regarding an advertisement about a shopping center proposed for South Hill and if it were his property. The old NCR building is going to be converted to a four acre 25,000 square foot shopping center. He asked the Board if the CAC was involved in reviewing upcoming projects, and if there is some sort of selective review of some projects and not others. The Supervisor responded the Town Board passed a resolution outlining those projects the Town Board wished to have the CAC review so there would not be a question as to whether there was selective review. n Town Board Mtg. Minutes 5/11/92 Pg. 6 Agenda Item #6 - Cont'd Councilman Whitcomb recalled that the Town Board directed the CAC to review Type 1 Actions, any pieces of land appearing high on the Open Space Index, and other types of land dealing with Open Space. He had investigated the NCR location and found that is in an industrial zone and does not fall under the preview of the CAC as directed by the Town Board. The Supervisor pointed out the other element to be reviewed by the CAC were major subdivisions. Mr. Auble further questioned that his understanding at the start of the Comprehensive Planning process was there would not be any rezoning of property until the plan was finalized, and this project shows the property going from industrial to commercial. The Town Planner explained this was an allowed use under the industrial zone when the application was filed. Later on commercial was eliminated as an allowed use under an industrial zone. The zoning has not changed, the application was submitted before the commercial ruling was eliminated. The Supervisor noted the Planning Board recommended to the Town Board when the commercial was restricted in industrial, that the Town Board grandfather anyone having a pending application to proceed as a matter of equity and fairness. Mr. Auble said he had written to the Town about his property and his plans for it and that Mr. Barney responded to the letter stating there was a problem with the sewer lines on South Hill. Mr. Auble wondered how the NCR project is being considered in regard to that sewer (capacity, overflow) problem. The Supervisor told Mr. Auble this proposal has not yet been introduced to the Planning Board for any evaluation of sewer capacity or site planning. Mr. Forman said the developer of this project is going before the next Planning Board meeting to present the sketch plan review only. If all goes well at that time it will proceed to the next phase. Mr. Auble asked if any measures have been taken to correct the sewer problem on South Hill. Daniel Walker, Town Engineer responded we have done analysis work, design work, cleaned the sewer, and performed overdue maintenance alleviating the immediate problem. Any proposals for projects within that area are being evaluated very carefully for the impact on the sewer. Town Board Mtg. Minutes 5/11/92 Pg. 7 Agenda Item #6 - Cont'd Mr. Auble asked about the impact of the Cornell Science Building project. Mr. Walker explained since the building is used as a classroom facility and is a low producer of sewage at unusual times it had not been deemed to be a major problem. Mr. Walker explained we no longer have the overflow, but it is near capacity. We are in the process of developing a plan to replace parts of the line, and are in discussions with the City of Ithaca because the line drains into the City system. Mr. Auble mentioned while driving on Coddington Road and Danby Road there is a real danger because the students walk along these roads. He requested that a study be done about this potential danger, and recommended possible walkways and lights in this area. The Supervisor responded that the Planning Department has addressed the issue of safety in the proposed commercial area. Mr. Auble is welcome to look at the sketch plan review to see if he feels this will be create a safer situation. The Supervisor explained the mechanism open to us concerning the sidewalks is the formation of a sidewalk district which is established by a petition of adjoining landowners. We have also looked into a lighting district. Unfortunately, Ithaca College can not be assessed for lighting districts and has informed the Town they think it is a wonderful idea but they do not wish to pay for it. This would leave too few property owners paying the cost making it an extremely expensive proposition. The Town will look into this and see if there are enough landowners now to help defray some of the exorbitant costs. Mr. Desch mentioned to the Board that a bonding issue could be justified. Mr. Barney stated that lighting districts are exempt from bonding. Councilman Niklas responded to Mr. Auble's comments by stating the CAC has not been shunted out of due process because the NCR building project is not appropriate for CAC review. The Town continues to deal with development in an equitable way respecting due process. Mr. Girard Oberrender spoke to the Board asked as they complete their deliberations on the CAC and the Environmental Protection overlays that they think about compensating the people for the property rights that are taken from them when such overlays are done. Town Board Mtg. Minutes 5/11/92 Pg. 8 Agenda Item #6 - Cont'd The Supervisor told Mr Oberrender that it is not the intention of the Town Board to be involved in any legislation that could be considered taking personal property. Councilman Niklas stated it is not the intention, nor will it be the effect of COG to take property from anyone. Mr. Oberrender said he was sure the Board was not going to take their property from them, but explained the property rights and the use are very important. Agenda Item # 10 - Local Advisorv Board of Assessment Review The Local Advisory Board of Assessment Review will meet on Wednesday, May 13 from 3:00 p.m. to 6:00 p.m. The Supervisor asked for two volunteers from the Town Board to serve as the Town of Ithaca representatives on this board. Councilman Whitcomb and Councilman Liguori volunteered to serve on said board. Agenda Item #12 - Agreement for Highwav Superintendent to Expend Funds Superintendent McConnell explained that the proposed agreement has been discussed at the Public Works Committee meeting including the roads that will have permanent improvements and the amounts. This is a binding agreement with the Highway Superintendent and the Town Board that these roads will be worked on for the stated price. Motion made by Councilman Liguori, seconded by Councilman Niklas approving said agreement. Carried Unanimously. (See attached.) Agenda Item #13 - Highwav Paving Schedule Superintendent McConnell reported the paving schedule coincides with the Agreement to Expend Funds except that it includes improvements of general repair. Motion made by Councilman Niklas, seconded by Councilman Liguori. Carried unanimously. (See attached.) Agenda Item #15 - Town Board Meeting Minutes Motion made by Councilman Niklas approving Town Board Meeting Minutes of 12/31/91 as written. Seconded by Councilman Whitcomb. Carried unanimously. Town Board Mtg. Minutes 5/11/92 Pg. 9 Agenda Item #15 - Cont'd Motion made by Supervisor Raffensperger approving Town Board Meeting Minutes for 1/13/92 as written. Seconded by Councilman Niklas. Carried unanimously. Motion made by Councilman Niklas approving Town Board Meeting Minutes for 4/13/92 as written. Seconded by Councilman Liguori. Councilman Klein asked to have the minutes amended showing he had been excused from attending this meeting, and that he did not vote on the roll call votes on Agenda Items No. 6 and 24. Amendments to the motion approved by Councilman Niklas and Councilman Liguori. Motion with amendments carried unanimously. Agenda Item #11 - CPC and CAC Recording Secretarv. Pav Rate Town Planner, Floyd Forman reported it has been difficult to hire recording secretaries for the CPC and CAC. The pay rate was $8.00 an hour and only two people applied the last time one was needed. One individual withdrew her application, and the other stated she would be willing to accept the position for $9.00. The options were to readvertise costing a significant amount of money or ask the Town Board to agree on the $9.00 per hour pay rate. If the Town used a temporary agency it would cost the Town more money. This individual will also be doing a significant amount of work on her own word processor and would only attend the meetings. The rate would be up to $9.00 per hour with a cap at $9.00. Councilman Whitcomb asked how the $9.00 rate compares to the rate being paid for comparable work of the other Town employees. The Supervisor reported it is very much in line with other rates because they receive benefits which are of value in factoring the pay per hour. Motion made by Councilman David Klein, approving up to $9.00 per hour pay rate for Recording Secretary for the CAC and CPC, seconded by Councilman Karl Niklas. Councilman John Whitcomb voted nay. Motion carried. Agenda Item #9 - Cornell GEIS Review Floyd Forman told the Board a great deal of time has been spent reviewing this with Ken Gordan. The cost for direct reimbursable cost and labor is $33,140. This money will be reimbursed by Cornell, and the GEIS is reviewed by the Town staff and Larsen Engineers. There is a Memorandum of Understanding that details the work, type of billing, who will be working on the project, per diem, mileage charges, and all details within a normal project. Town Board Mtg. Minutes 5/11/92 Pg. 10 Agenda Item #9 - Cont'd The Supervisor recalled the Board reviewed a document such as this at the April meeting in which the Board authorized the Town to proceed with the expenditure of up to $10,000 for the initial phase because we did not have an actual figure. We have now reached an agreement of costs which seems what is expected of the process. The Supervisor pointed out the material from Ken Gordan for the basic services and a contingency of 25% would have brought the amount not to exceed to $41,425, not the $33,140 as stated in the resolution. Councilman Niklas suggested the proposed resolution be amended to equal the sum of the basic services plus the contingency. The contingency would not be expended unless necessary. Attorney Barney suggested the Town make sure there is a termination clause within the contract. Motion made by Councilman Niklas with the amendment of the dollar amount from $33,140 to $41,425, and the amendment of review by the Town Attorney to include a termination clause if it is not already included. Seconded by Councilman Liguori. Carried unanimously. Agenda Item #16 - Financial Reports Motion made by Councilman Niklas approving the Financial Reports for the months of 12/31/91, 1/13/92, and 2/29/92. Seconded by Councilman Liguori. Carried unanimously. Agenda Item #17 - Investment Report Linda Nobles told the Board the interest rates are getting worse continually. The best rates we can get are in Repurchase Agreements as opposed to Certificates of Deposits. Councilman Klein asked what effect the loss of interest will do to the budget. Supervisor Raffensperger responded we had anticipated falling rates when the budget was proposed and adopted. We were very conservative in the amount budgeted for investment income, therefore the effect of lower rates should not adversely effect the budget. Agenda Item #20 - Tax Collecting Officers, Seminar Motion made by Supervisor Raffensperger approving the Town Clerk's attendance at the Seminar for Tax Collecting Officers, Ellenville, New York on June 14-17, and authorizing prepayment of n Town Board Mtg. Minutes 5/11/92 Pg. 11 Agenda Item #20 - Cont'd registration and room reservations. Seconded by Councilman Niklas. Carried unanimously. Agenda Item #21 - Automated Data Processing Committee Report Councilman Whitcomb reported the Committee consisting of staff members Dan Walker, Linda Nobles, John Czamanske, and Joan Hamilton; along with Town Board Members, John Whitcomb and Karl Niklas met to review the inventory and determine the needs of the Town. The staff members prepared an inventory of all the computer equipment and softv/are utilized at the Town Hall and Highway Department. Mr. Walker explained there are five areas that are critical to the staff to make efficient use of the hardware and software. That it be compatible in house and with other professionals and agencies we work with, user friendly, reliability, efficiency (entering data only once), and life expectancy (how long will the hardware stay). We have incompatibility between the main frame that was leased several years ago and the rest of the computer world in Town government and outside in word processing. The Committee decided to look at a networked personal computer system which will allow the Apple Computer to interface with others, evaluate the accounting and Town Clerk packages on the System 36 which have not been utilized to their fullest capacity to see if the software for PC's will meet the needs of those departments, and look at the process of trading in or turn back the System 36. At the next Town Board meeting a report of the software packages available and the estimates of costs to put that type of system in place will be presented. It is planned to upgrade PC's as needed and compliment what is already in place. Councilman Niklas pointed out the System 36 is really overkill for the functions we need to perform. We are leasing the System 36 and parts of it are grossly under utilized, and revamping in the long run we can actually save money and expedite work saving man hours. The Supervisor mentioned the reason the Committee was set up was to address the capacity problem at the Highway Department and the need for a personal computer for the Town Clerk. This afforded Town Board Mtg. Minutes 5/11/92 Pg. 12 Agenda Item #21 - Cont'd us the opportunity to review the entire data processing in the Town and see if a better more economical system could be put in place. It was the consensus of the Board for the Committee to proceed with their evaluation of data and costs to initiate an new computer system. Agenda Item #22 - Open Space Set Aside, Deer Run Subdivision Attorney Barney stated the problem has occurred from the fact Mr. Bristol would like to sell his lot and in order to do that he has been asked to square off the back line. To accomplish this he must acquire the two strips of land that intrude into his property which was committed to the Town as part of a trail which runs from Whitetail Drive parallel to East King Road. This 2400 square feet piece was added because a developer had no other place for it to go. We have not as yet taken title to that property. Since we had no need for the property we requested a trade of land for it from a part of an area being given to the Town as part of the set aside for a recreation area which is part of a subdivision. The request which has been approved by the Planning Board, is for a legal transfer/swap of the 2400 feet from the adjacent property to Mr. Bristol in exchange for the 2400 feet near the Town recreationway. Motion made by Councilman Niklas approving proposed resolution as described by the Town Attorney. Seconded by Supervisor Raffensperger. Carried unanimously. Agenda Item #26 - Planning Department Mapping Services The Town has had a volunteer preparing maps working without compensation. The Planning Department is recommending the volunteer be hired on a part time basis not to exceed 20 hours per week as a Mapping Assistant at an hourly rate of $7.00 per hour retroactive to the week of May 4, 1992. There is sufficient money in the Planning Department budget to accommodate this position. Motion made by Councilman Niklas approving a part time mapping assistant for the Planning Department not to exceed 20 hours per week for $7.00 per hour. Seconded by Councilman Klein. Carried unanimously. Town Board Mtg. Minutes 5/11/92 Pg. 13 Agenda Item #27 - Engineering Office Trailer Mr. Walker explained that in 1991 the Town Board approved a lease to purchase for an office trailer to be utilized for the Capital Improvement Projects. The original lease stated a period of time not to exceed twelve months, it must now be reviewed. The trailer has been very useful as the base office for the construction, and the front half is being used by the Parks Department. Construction will continue for another year on Phase II, the trailer will still be needed for at least another year. The lease/purchase option would allow us to put 90% of the lease money against the purchase price. We are presently being charged carrying charges of an additional $700 to $800 if we do not purchase the trailer. The value of the trailer will be approximately $7000.00 in the next year or two. Mr. Walker recommended to the Board that the Town buy the trailer for an amount not to exceed $8500.00. The funds to purchase the construction site trailer could be appropriated from the Capital Projects Budget for the 1989 Inlet Valley Water and Sewer Improvement line item. Motion made by Councilman Niklas. Seconded by Councilman Klein that the Town purchase the construction site trailer with 90% of the aforementioned lease payments being appropriated toward the purchase, at a cost not to exceed $8500.00. Councilman Klein asked the amount per month of the lease agreement. Mr. Walker responded that it is $250.00 per month. Motion carried unanimously. Agenda Item #30 - American Community Cablevision Franchise Transfer Supervisor Raffensperger explained ACC has requested the Town Board deal with their request to comment on the proposed franchise transfer even if the Town does not wish to approve or disapprove. Attorney Barney commented ACC is a subsidiary of Time Warner. Time Warner has entered into an agreement with a Japanese concern, and is soliciting our consent allowing ACC franchise to be transferred to a limited partnership. Without doing an exhaustive, expensive research of what is involved it is not known what effect this would have on the Town of Ithaca. Town Board Mtg. Minutes 5/11/92 Pg. 14 Agenda Item #30 - Cont'd Mr. Barney recommended that unless ACC is willing to underwrite the cost of the research we should decline making any formal resolution approving or disapproving this transfer. The ACC is willing to have us say the Town of Ithaca declines to comment on the proposed franchise transfer. Motion made by Supervisor Raffensperger the Ithaca Town Board declines to comment on the proposed franchise transfer for American Community Cablevision. Seconded by Councilman Niklas. Carried unanimously. Agenda Item #7 - Public Hearing Modifications to SCLIWC Rules and Regulations The Supervisor opened the Public Hearing at 7:00 p.m. Affidavit of Posting and Publication was duly noted. Supervisor Raffensperger asked if any member of the public wished to address the Board concerning this issue. After setting the Public Hearing the Bolton Point Commission has had other municipalities propose additional amendments to the Rules and Regulations. Therefore, the Supervisor recommended the adjournment of this Public Hearing until such time as all proposed amendments have been finalized by all municipalities concerning this issue and the Cross Connection Control Law. Motion made by Councilman Niklas that the Public Hearing on the proposed amendments of the SCLIWC Rules and Regulations be postponed until the 7/13/92 meeting of the Town Board, or until all proposed amendments have been finalized. Seconded by Councilman Liguori. Carried unanimously. Public Hearing adjourned at 7:11 p.m. Agenda Item #19 - CAC Open Space Report Recommendations Councilman Whitcomb reported at the last Town Board meeting a discussion was held dealing with the Open Space Report. At that time the Town Board had some recommendations and requested he present them to the CAC for their review and comments, and then report back to the Town Board. The Town Board had also asked John Barney to research the history of Section 239X and 239Y which are the State Sections of the General Municipal Law which empower Town Boards to create CAC's and direct CAC's to create Open Space Inventories and Open Space Indexes in ranking order. n Town Board Mtg. Minutes 5/11/92 Pg. 15 Agenda Item #19 - Cont'd Attorney Barney reported that 239X of the State Law charges the CAC with certain responsibilities and duties, 239Y of the State Law imposes the definitions. The particular issue being discussed was the requirement of the CAC to prioritize its land inventory in terms of preservation or acquisition. The Town can supersede State Law by the adoption of a Local Law thereby altering the charge to our own CAC. If you leave all as it is right now, CAC's obligations would include, in the course of making this inventory, trying to establish a ranking of the values of the properties by a conservation standpoint. Unless the Town Board chose to by Local Law alter and supersede the State Law. Councilman Whitcomb reviewed with the Board the recommendations of the CAC at their last meeting, (see attached list). Councilman Liguori asked if under this concept what are the expectations in relation to the Open Space Report Index, and is the CAC requesting anything from the Town Board? Councilman Whitcomb stated the CAC is requesting the Town Board offer their comments and give direction to them on how to proceed. Councilman Niklas said the CAC's recommendations as just outlined by Councilman Whitcomb are in line with what the Town Board requested from them last meeting. Councilman Liguori asked what the proper procedure of the Town Board would be after the report is completed? Councilman Whitcomb responded that the Law mandates the CAC to present the Open Space Report to the Town Board, and if the Town Board after studying it agrees with the report, the Town Board would adopt it as the official Open Space Report after an advertised Public Hearing. Supervisor Raffensperger summarized the events by saying first the CAC developed the Draft Open Space Report and presented it to the Town Board. The Town Board then instructed the CAC to present it to the Planning Board, the Comprehensive Planning Committee, and to the public for comment and to make revisions. At the last Town Board meeting Councilman Whitcomb came back to the Town Board and summarized the comments and concerns the CAC had received from all concerned, and presented a number of scenarios for revision of the report. This was reasonable, the Committee should not proceed to make changes the Town Board feels are inappropriate. Town Board Mtg. Minutes 5/11/92 Pg. 16 Agenda Item #19 - Cont'd The recommendation from the CAC tonight is a synopsis of those revisions. The proposal tonight does address the concerns of the public, and it also retains utility for the Planning Board and Town Board. The fact that certain parcels are not given a numerical value is an improvement. Objectively, there are a certain number of features on a piece of land which can be used as an indicator and a resource for the Planning Board, but does not attempt to give a subjective value to those features. It does still list the number of features. To list the features at random limits the utility of the document for anyone dealing with it. Councilman Niklas felt the absence of any kind of weighted equation is very valuable. Councilman Whitcomb stated it will be very carefully explained in the report that the presence of any number of features on a particular area does not create a judgment of the quality of those features, it is merely an indicator the Town needs to look at. Councilman Liguori expressed his concern that first we had the Six Mile Creek Comprehensive Plan, which preempted the Comprehensive Plan Study. Then we had the Open Space Plan which to him was part of the Comprehensive Plan Study that needs to be looked at in context of the whole study, and now the EPOD comes along. We should be waiting for the Comprehensive Plan before the Town Board acts as a whole on these others. The Supervisor explained the 1989 recommendation to the Town Board from a consultant who was hired to study the planning process and make recommendations to the Board, this was the Town not go on a single track and just do the Comprehensive Planning but during the same process proceed to make improvements in the Zoning Ordinance with an Open Space Plan and all of these other parallel plans. Our Planning Board reviewed that and approved it. Councilman Liguori feels there is a problem of preempting the Comprehensive Plan and making decisions by the Town Board in regards to those, prior to having the entire plan. Councilman Niklas made a motion that the Town Board endorses the concept of reorganizing the Open Space Report with its stated method of ranking as outlined by the CAC recommendations as presented to the Town Board, and encourages the CAC to do that as expeditiously as possible. Seconded by Councilman Liguori. Discussions from the public and Town Board as outlined followed. Motion called after discussions. Carried unanimously. Town Board Mtg. Minutes 5/11/92 Pg. 17 Agenda Item #19 - Cont'd Mr. Noel Desch addressed the Board concerning the ranking and asked what Map No. 2 would look like in the revised report? Councilman Whitcomb responded that there will be no map with cross hatches, because there will be no selection of top groups, they will only be presented in descending order according to the number of features on the site. Mr. Desch also asked if the revised report recommends the formation of a Conservation Advisory Board? Councilman Whitcomb indicated that it would. Candace Cornell, CAC Member pointed out to the Board that the CAC will also need a Local Law enabling them to change the 239X and 239Y. The Supervisor told her the Board would investigate given this scenario presented tonight if that would be necessary. William Milker, Town of Ithaca Taxpayer Association Member asked if the ranking describing the features on the property would have a weighing system of the features for different size parcels? Councilman Whitcomb told him that at this point no, the Environmental Atlas may address that by measuring the distinguishing features on each parcel. This document will only list the number of features present and will state that the number of features does not necessarily effect the quality of those features. Mr. Milker stated his concerns that this may have some stigmatization on various parcels and possibly devalue them because some impact may occur upon that parcel because of one or more features being present. Supervisor Raffensperger explained that is an issue the Town Board is concerned about, and they have looked at other communities who have done Open Space Reports and the devaluation you are speaking of does not seem to be the case. The Town Board has attempted to address this concern by listing these features only as being present on the site as opposed to giving them a value. The purpose of the draft document was to receive public opinion so that the Board could address these types of concerns. Councilman Niklas feels that Mr. Milker will see if his concerns are legitimate when he reads the revised report because the issue of what the ranking is going to be used for will be addressed. If it is just to be used to determine what is on a parcel of land only it will not have much impact. But if it is used to say no development on the land then it will. Town Board Mtg. Minutes 5/11/92 Pg. 18 Agenda Item #19 - Cont'd Councilman Whitcomb stated there will be a SEQR report prepared on this report. Councilman Klein asked if the recommendation of the CAC concerning the features would satisfy the law concerning preservation. Attorney Barney feels that needs to be investigated to make sure it meets the requirements of the law. Agenda Item #8 - Public Hearing Fees Collected bv the Town Clerk The Supervisor opened the Public Hearing at 7:17 p.m. Affidavit of Posting and Publication duly noted. The Supervisor postponed Public Hearing until discussion of Agenda Item #19. Public Hearing reopened. Motion made by Councilman Niklas to adopt Local Law #12 for 1992, "A Local Law Establishing and/or Changing Fees Charged by the Town Clerk for Various Licenses and Activities Performed by the Town Clerk". Seconded by Councilman Liguori. The Town Clerk explained the Town Attorney reviewed the fees and charges as addressed at last month's meeting. The Town Clerk reviewed the fees with the Town Board. The Supervisor asked if there were any member of the public who wished to address the Board concerning the proposed Local Law. Mr. Auble asked if these fees are given to the area of the budget in which they are collected for? Supervisor Raffensperger explained the fees for the Town Clerk go the General Fund and the Dog License fees are used to in the area of dog control, even though we are not required to by law. The cost of copy fees goes to an unallocated portion of the budget, but we still may not be covering the cost of duplicating. In general the fees we have charged previously, have been very low with this Local Law we will be in the median range along with the City and other Towns. Basically the fees actually cover the cost of administration and operation, rather than Town making a profit. The fees offset the costs the Town has to incur. Councilman Whitcomb voiced his opposition to the price of copies. He felt they should not be changed, even though he understands the charges probably do not cover the actual cost of reproduction. n n Town Board Mtg. Minutes 5/11/92 Pg. 19 Agenda Item #8 - Cont'd Supervisor Raffensperger closed the Public Hearing and asked for a roll call vote on the motion. Roll Call vote taken all Town Board Members voted aye. Agenda Item #29 - Steep Slope EPOD Councilman Niklas led the discussion. He stated it was his intention to relieve COC of what has been a long standing burden to draft legislation for the EPOD. The objective is to open a broader based discussion among the people in the Town of Ithaca, and the elected and appointed officials. The COC is a small committee which only proposes legislation and modifications to the Zoning Ordinance it does not set policy. The EPOD as originally presented to the COC is a major proposal in any municipality. Councilman Niklas read a prepared statement and requested that it be included in the minutes in its entirety, (see attached statement). Councilman Niklas after reading his statement told the Board he is interested in a general discussion of the draft legislation. The Supervisor recommended that any interested persons should address their questions and concerns in writing to the Codes and Ordinances Committee so they may respond. Councilman Whitcomb suggested the COC may wish to hold a public informational meeting in the future so the questions and concerns can be addressed. Councilman Niklas stated he would loath to have a public information meeting since the COC does not set policy or create legislation. He suggested that be done by an official policy setting committee or body. The Supervisor opened the floor to members of the public for comments. Noel Desch encouraged the Town Board to have public meetings in each of the areas of the Town this would effect. The perception of the effect of the EPOD would be different in each area because of the topography. Peter Scala wished to make comments concerning the map on Item 29 and the law. Mr. Scala read a prepared statement, (see attached). Councilman Whitcomb asked Mr. Scala if he was agreeing with Ron Brand and Floyd Forman that when the COC defines the map, whatever that definition is there not be any changes. If they are 15% then every 15% slope in the Town should be included. Town Board Mtg. Minutes 5/11/92 Pg. 20 _ (Agenda Item #29 - Cont'd j Mr. Scala responded he felt a broad version should not be created as it will cause a great deal of problems later on. The Supervisor mentioned that Mr. Scala's proposal would include very small pieces of land and properties already developed, and she asked if that were his intention. He stated it his intention because it would be correct. Mr. Noel Desch told the Board two questions he raised at the COC meeting were how many acres are shown on the shaded area of the map, and how many non-conforming structures would be impacted. He requested answers to these questions. Floyd Forman responded by saying the total area that stream corridors cover is approximately 3300 acres, and the total of steep slopes is presently 2700 to 2800 acres. You can not add those two together because you have some overlay. Mr. Oberrender asked if the acreage was inclusive of the land in the buffer areas? Mr. Forman responded no, the acreage is in inclusive of just what is shaded in on the map. The Supervisor noted the most constructive action to follow now is ' to have the various Committees and Boards who have received the legislation make their comments to the Codes and Ordinances Committee, and to also have members of the public provide written comments to the COC. She urged the public to recognize that some kind of legislation is necessary to look at the problems of steep slopes, sedimentation, and run off. Councilman Niklas told the Board knowing how the Board feels about mapping the steep slopes would be very helpful to the COC. The Supervisor feels it is a matter on consistency. If you are going to have a steep slope legislation, should it be all of the steep slopes, or does it only have to be those large enough to be included in the legislation. The Supervisor is very concerned with mapping very small areas of steep slopes, it is hard to justify those on the basis of public health. Large areas where the run off and drainage problems are substantial are a legitimate concern. Mr. Auble stated this is the position Mr. Brand has taken, to be consistent not necessarily with a map. Attorney Barney's position is to tie it to a map and exclude certain areas for reason. Town Board Mtg. Minutes 5/11/92 Pg. 21 Agenda Item #29 - Cont'd Candace E. Cornell told the Board she has looked at a number of EPOD Legislations and Steep Slope Ordinances and she feels this proposed legislation is a very good meld of a lot of peoples ideas. She supports the idea of having the zones instead of including all 15% slopes. On Page 1, it includes statements concerning erosion and soil movement which covers highly erodible soils. If you have a steep slope higher that 15%, but it has a highly erodible soil the extra consideration has been made. The one change she would like to see made is to have all actions under the EPOD be unlisted under the SEQR Law. Bill Hilker feels there is an inconsistency with the footage outlined buffer strip for creeks. Six Mile Creek seems to be singled out with the highest restrictions. Other creeks have more ecological problems than that one. The Town of Ithaca Taxpayers Association has had the survey reviewed by a survey organization and they think it is poorly done, the information is poorly analyzed. Mr. Hilker will provide a final copy of this survey to the Board if this survey is continued to be used as a criteria to develop EPOD or anything else. Mr. hilker feels there is a double dipping effect with two different documents showing problems with the different properties throughout the town. Mr. Hilker noted this is in itself a zoning law as it sets additional criteria for buildings, for whether you can or can not build, for how far you can build from lot lines, creeks, etcetera. The Supervisor told the audience the maps are available to be looked at in the Town Hall by anyone. The maps are not easily copied and would be very expensive to reproduce. Councilman Niklas mentioned the maps could be reproduced to a smaller size, but it would not be beneficial to the individual as the resolution of the map would not be the same. The Supervisor said the Town would see if there were a way to reproduce the maps in an economical and effective way. Celia Bowers understands there is a problem that an accurate map is appealing and yet you don't want to cover by law areas which are very tiny, the EPODS could be related to a minimum area size. She has received many comments from residents below steep slopes praising the work the COC is doing. Supervisor Raffensperger asked the individual Board Members if they would like to make comments as to whether or not they prefer a map being developed including all areas of steep slopes, or a map restricted to areas of substantial areas of steep slopes. Town Board Mtg. Minutes 5/11/92 Pg. 22 Agenda Item #29 - Cont'd Councilman Whitcomb commented that Councilman Niklas made the remark that COC was trying to strike a balance between the wishes of those whose properties were contained in the EPOD and the rights and wishes of the residents who wish to set performance standards for properties that contain stream corridors or steep slopes. As a resident who fulfills both of those definitions, it is important that properties that do lie within these EPODS be met. Councilman Whitcomb is supporting the position of Floyd Forman and Ron Brand that the scale of mapping we have now does not lend itself to precise boundaries, and there may be instances when something comes before a Board (ie. Planning Board), in which you are not sure if it falls within the EPOD. The maps can be used as a guideline, but the performance standards must be met when they come before a Board for review. Councilman Whitcomb does not agree with cutting it off at 200 ft. from a highway etcetera, because those steep slopes may be just as damaging to the environment as a steep slope which is not 200 feet from a roadway etcetera. It is important to include those properties within an EPOD. The map should be all inclusive. Councilman Liguori remarked he had not really decided which was the better way, but that it made sense to him to have it all inclusive with everything shown, and cut back as the concept emerges to what ^ is trying to be accomplished and what kind of problems will be j , created. He further remarked that he has a problem with why Six I Mile Creek is given such a subjective corridor compared to the others. Councilman Niklas told the Board, Six Mile Creek has always been an area of particular of concern because of its proximity to the City of Ithaca's reservoirs. The COC took the objective of the EPOD to protect the quality of the environment. It is not to protect steep slopes, it is to identify those steep slopes that are vulnerable and could damage valuable resources such as water. Councilwoman Leary declined to comment until further review. Councilman Klein addressed the issue of having all the slopes identified being consistent. Every property would wish to know if their property falls within any of these districts. Attorney Barney feels we have largely identified all steep slopes on the inventory map, now that we have done this are we going to say all of them are going to be subject to regulations. He pointed out that an Engineer will be required upon application to determine what is to be done will not endanger the environment. Attorney Barney pointed out that this means in a developed area someone who wishes to put a deck slightly larger than 100 square feet on an _ existing structure I Town Board Mtg. Minutes 5/11/92 Pg. 23 Agenda Item #29 - Cont'd would have to hire an Engineer. Does the Town wish to impose that kind of regulation in areas that are not in substantially large steep slope areas? Councilman Niklas pointed out that if you just extend the straight lines on the map that are contiguous with the larger areas they would be automatically included if you have an absolute size limit in the regulations. This does not address the issue of practicality. He stated he agrees with Attorney Barney but would refrain from voting. Councilman Niklas asked the public and the Board to understand at this time he is asking in essence permission to minimize the effect of this legislation on the Town as a whole. Mr. Auble stated looking at the areas that may be restricted because of the characteristics involved, what you have is a green belt around the City of Ithaca which is forcing development to leap the Town of Ithaca and go into the surrounding towns. This is contrary to good planning. Councilman Niklas would like to know by an informal vote of the Board if the COC should include all steep slopes within the town. Supervisor Raffensperger, no; Councilman Whitcomb, yes; Councilman Liguori, either way; Councilwoman Leary, no strong opinion but the point about more significant ones being marked is interesting; Councilman Klein, no. Councilman Niklas, no. The Supervisor stated the Board will discuss giving people the opportunity to look at the map and make factual corrections, and then try to set up a system to make it available. Councilman Whitcomb mentioned that the definition used this evening has been significant steep slopes, and that steep slopes should not be defined because of their proximity to other geographic locations, you have to look at the degree of the slope. Instead of eliminating them from the EPOD define what kinds of activity are covered within the EPOD so that the activities of the homeowners do not fall within the restrictions of the EPOD. Councilman Niklas responded by saying the COC would consider this at its next meeting. Agenda Item #36 Appointment Town of Ithaca Planning Board Councilman Niklas gave a report on the Interview Committee, they interviewed excellent candidates for this position. However, the vote was a split decision. The two representatives from the Town Town Board Mtg. Minutes 5/11/92 Pg. 24 Agenda Item #36 - Cont'd Planning Board voted for Richard Couture, and the two representatives of the Town Board voted for Candace E. Cornell. The resolution passed by the Town Board in anticipation of these kinds of votes, was that the two names would come before the Town Board for them to make the final decision. Virginia Langhans, Planning Board Member addressed the Board concerning the review process and her recommendation of Mr. Couture for the position because he was young, eager and has no bias, prejudice, or preconceived ideas of how the Town Planning Board should be run. The question was brought up that he doesn't have any experience serving on Town committees. Mrs. Langhans doesn't believe that is a hindrance or that it should be a prerequisite to serving. The Supervisor pointed out the Planning Board itself did not vote, the representatives of the Town Board on the Interview Committee did. Councilman Niklas agreed Mr. Couture's enthusiasm level is great and he comes with no bias. Councilman Niklas recommends Candace E. Cornell because she has numerous experience from the COC Committee and through her attendance at many Town Board meetings. She also has a strong academic background. She has exceptional environmental experience to add. She addresses environmental issues with strong opinions based on her expertise in that area, however at times he has seen her change her point of view based on reasonable argument and review. She is adaptive and makes reasoned judgement. Councilman Klein felt that Candace E. Cornell had a broad perspective and is supportive of properly managed development in the Town especially affordable housing. She is an open minded individual. The COC and the CAC consist of volunteers who have learned about the issues in the Town, it is a good training ground. Candace E. Cornell has been active and understands the issues in the Town. Motion made by Councilman Whitcomb appointing Candace E. Cornell as a member of the Town of Ithaca Planning Board to fill the vacancy. Seconded by Councilman Niklas. Councilman Liguori, nay; all other Board Members, yes. Councilman Niklas strongly recommended that Mr. Couture become involved with many of the volunteer committees such as the CAC as he has many attributes which would be beneficial to the Town. Town Board Mtg. Minutes 5/11/92 Pg. 25 Agenda Item #23 South Hill Trail Design Modifications George Frantz, Assistant Town Planner address the Board. He reported the area needing approval extends from Coddington Road 5000 feet eastward to Northview Road. There are two changes in the design since the recreationway was approved in 1989. The first is the need to fill in the railroad cut between Juniper Drive and Pennsylvania Avenue. It has to be filled in to provide the embankment for the future Klondike development which will cross the railroad and the recreationway. We need approximately 3800 cubic yards of fill. The proposal is to get this fill from a section of the railroad grade which is 900 feet long. This will lower the railroad grade to a level route and rise gently to a 5% gradient towards the eastern end. The second design change occurred after doing a survey near Juniper Drive. The elevation difference in the railroad grade and another point is too great. In order to achieve a better gradient the trail needs to have some modifications in direction with some additional bushes and foliage planted. All easements have been acquired for this. Mr. Frantz recommended the summer work be limited to making the length of the recreationway safe for public access. Two resolutions have been presented to the Board. The SEQR deals only with the removal of the fill material and transporting it. Motion made by Councilman Niklas approving the SEQR resolution. Seconded by Councilman Liguroi. Councilman Klein asked if this comes under any of our Fill Ordinances. Mr. Walker, Town Engineer stated we are exempt, but the Town will make sure we comply with the spirit of our ordinances. Carried unanimously. Motion made by Councilman Niklas, seconded by Councilman Klein approving the design modifications for the South Hill Trail as outlined by George Frantz, Assistant Town Planner. Carried unanimously. Acfenda Item #25 - Zoning Ordinance Technical Amendments Attorney Barney explained that when consolidation was done a couple of months ago a batch of numbered sections were consolidated and made into one. Elsewhere there were a couple of cross references to sections that were numbered differently, we need a technical amendment to correct that numbering. The other area is the Planning Board in the State Law is allowed 45 days to hold a proposal and another 45 days to act. At present our Zoning Ordinance calls for a shorter period of time, the amendment is needed to conform to the State law. Town Board Mtg. Minutes 5/11/92 Pg. 26 Agenda Item #25 - Cont'd The Supervisor requested that members of the public attending the meeting refrain from interrupting the Board's deliberations with requests for information on proceeding items. The Town is prepared to provide all such information under the Freedom of Information Law. Motion made by Supervisor Raffensperger to advertise for a Public Hearing to Amend Technical Amendments to the Zoning Ordinance for June 8, at 7:00 p.m. Seconded by Councilman Klein. Carried unanimously. Agenda Item #24 - NYS Amendments to Section 267, Town Law Changes to Variance Standards Attorney Barney explained the Town needs to act in some fashion by July 1, 1992. The issue is whether we wish to adopt the State standards which has been enacted enabling legislation dealing with Boards of Zoning Appeals. In our view it creates a situation where you could never grant a variance for use deviation. The standard they are suggesting is equivalent of an unconstitutional taking. The standard that many Attorney's are questioning is whether you can get a reasonable value for the property, not whether you can get any economic value out of it at all. Attorney Barney recommended that the Town adopt a Local Law superseding that aspect of the State Law and allows the standard as to whether an individual can get a reasonable value for the property. Motion made by Councilman Niklas to hold a Public Hearing on June 8, at 7:30 p.m. to consider adopting a local law amending Section 267 of New York State Law. Seconded by Councilman John Whitcomb. Carried unanimously . Attorney Barney said the Town of Danby will be amending this, and probably the Town of Groton and Village of Lansing. Attorney Barney will draft the amendments and get them to the Board as soon as possible for the Board's review in time for the Public Hearing. Agenda Item #31 - Ethics Law Disclosure Statement When the Ethics Legislation was adopted it called for the filling out of one of these forms within 120 days. The Town Attorney recommended the Town adopt the form and have all applicable individuals fill it out. Town Board Mtg. Minutes 5/11/92 Pg. 27 Agenda Item #31 - Cont'd Motion made by Supervisor Raffensperger approving the Ethics Disclosure Statement Form. Seconded by Councilman Niklas. Carried unanimously. Agenda Item #33 - Establishment of Speed Limits by Municipalities Without State Approval Supervisor Raffensperger explained this legislation would allow municipalities to establish their own speed limits on local roads without first having to secure State approval. The Supervisor has received a letter from Senator James Seward saying this bill has been approved in the Senate and it is in the Assembly Transportation Committee asking if we wish to write our Assemblyman and urge him to get this bill into the Assembly for a vote. The Supervisor requested approval by the Board for her to write a letter to Martin Luster concerning this issue asking this bill be moved from the Assembly Committee and asking his support of the bill. Motion made by Councilman Niklas, seconded by Councilman John Whitcomb. Superintendent McConnell asked the Supervisor if she had read this bill, and stated he was concerned with certain aspects of the bill. Motion amended to include approval of contact with our Assemblyman after the Supervisor confers with the Highway Superintendent. Amendment approved by Councilman Niklas and Councilman Whitcomb. Carried unanimously. Agenda Item #34 - Town of Ithaca Warrants Motion made by Councilman Niklas approving for payment the Town of Ithaca warrants. Seconded by Supervisor Raffensperger. Carried unanimously. Agenda Item #35 - Bolton Point Warrants Motion made by Supervisor Raffensperger approving for payment the Bolton Point warrants. Seconded by Councilman Whitcomb. Carried unanimously. Town Board Mtg. Minutes 5/11/92 Pg. 28 Agenda Item #37 - Chamber of Commerce Request for Resolution - Sales Tax A request has been made by the Chamber of Commerce for this Board to pass a resolution opposing the increase in the County Property Tax by one cent. The County has already asked the State legislator to proceed with the authorization to increase the sales tax in Tompkins County. The State Legislator gives the authority to do so, but does not require them to do so. It also includes a cost sharing with the Towns of 75%/25% of the revenues after six months. This has been discussed before, the Supervisor asked for any comments or the motion to adopt this resolution. There was no response from the other members. The Supervisor suggested that if we are not in favor of the resolution not to bring it to the floor. There was no interest of moving this resolution. Agenda Item #38 - Reimbursement Town Clerk's Moving Expenses Motion made by Supervisor Raf fensperger to reimburse the Town Clerk $513.84 for her moving expenses to fulfill the residence requirement. Seconded by Councilman Niklas. Carried unanimously. Agenda Item #40 - Participation in Mapping Projects The Town Engineer told the Board that NYSEG came to the Town, City, and County with a proposal to map by aerial methods the entire County. The original price to the town for the mapping would have been $80,000. We have since negotiated a more affordable price of about $30,000 to the Town which will provide in the densely populated areas a one inch equals fifty foot map, and in the rest of the areas a one inch to two hundred scale map. This will be an advantage to the Town in Planning and Capital Projects work, plus with the Highway Department in identifying the right of ways. The Supervisor explained one third of the cost would come from Highway, one third from Water, and one from Sewer. Motion made by Councilman Niklas, seconded by Councilman Klein approving the Town of Ithaca's participation in the mapping project. Carried unanimously. Agenda Item Additional Items - Audit The Auditors were here last week and discussed the audit with John Whitcomb, Linda Nobles, and the Supervisor. They were very complimentary to the staff on the financial management of the Town. n n Town Board Mtg. Minutes 5/11/92 Pg. 29 Agenda Item Additional Items - Cont'd Motion made by Councilman Niklas for the Town Clerk to advertise the Financial Reports as being available for public inspection for the Town of Ithaca and the Southern Cayuga Lake Intermunicipal Water Commission. Seconded by Councilman Liguori. Carried unanimously. Agenda Item #41 - Executive Session The Supervisor moved for an Executive Session to discuss personnel matters and the possible acquisition of land. Seconded by Councilman Whitcomb. Carried unanimously. The Town Board returned to an open session. No action was taken as a result of the executive session. Agenda Item #42 - Adjournment Meeting adjourned at 9:45 p.m. Next regular meeting June 8, 1992, 5:30 p.m. Public Hearing - 7:00 p.m. Technical Amendments to the Zoning Ordinance, Public Hearing -7:30 p.m. Amendments to Section 267 Town Law. Respectfully submitted, Joan Lent Hamilton Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 7 Public Hearing SCLIWC Rules and Regulations Resolution No. 105 WHEREAS, the properly advertised Public Hearing v/as held to consider modifications to the Southern Cayuga Lake Intermunicipal Water Commission Rules and Regulations in relation to the reading of water meters, and WHEREAS, during said Public Hearing it was determined the modifications were not yet completed in the referenced SCLIWC Rules and Regulations, now therefore be it RESOLVED, that the discussion and consideration of said modifications be postponed until the regular meeting of the Town Board on July 13, 1992. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 8 Local Law #12 - 1992 Resolution No. 106 WHEREAS, the properly advertised Public Hearing has been held to consider "A Local Law Establishing And/Or Changing Fees Charged By The Town Clerk For Various Licenses And Activities Performed By The Town Clerk, and WHEREAS, the Town Board of the Town of Ithaca does hereby approve of the establishment and/or changes to the fees charged by the Town Clerk for various licenses and activities as described in said proposed Local Law, now therefore be it RESOLVED, that the Town Board of the Ithaca does hereby approve and adopt said Local Law as Local Law No. 12 for the year 1992 in the Town of Ithaca, said Local Law shall go into effect as of June 1, 1992; and be it further RESOLVED, the Town Clerk is hereby authorized and directed to publish said Local Law No. 12 in the official newspaper of the Town as prescribed by law. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori DATED; May 11, 1992 Joan Lent Hamilton, Town Clerk Roll Call Vote Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye Councilman Whitcomb Aye Councilman Klein Aye Carried Unanimously n TOWN OF ITHACA LOCAL LAW NO.OF THE YEAR 1992 A LOCAL LAW ESTABLISHING AND/OR CHANGING CERTAIN FEES CHARGED BY THE TOWN CLERK FOR VARIOUS LICENSES AND ACTIVITIES PERFORMED BY THE TOWN CLERK Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. PURPOSE. The purpose of this local law is to revise certain fees charged by the Town Clerk for licenses and permits and other activities and to establish fees for other services, which fees have not been previously charged. To the extent that this local law contains provisions inconsistent with any prior local law, ordinance or resolution of the Town of Ithaca, the provisions of this local law shall govern. f \ Section 2. FEES FOR LICENSES AND SEARCHES, established in the Town of Ithaca for licenses and searches. (a) Fee for marriage license together with certificate of marriage issued in conjunction with marriage license pursuant to Sections 15 and 14-a of the Domestic Relations Law (b) Certificate of marriage pursuant to Domestic Relations Law, Section 14-a(2) (c) Marriage searches pursuant to Domestic Relations Law, Section 19 The following fees are $20.00 $ 10.00 Fees prescribed by Section 19 as the same may be amended from time to time (presently $5.00 for a search of one year, $1.00 for the second year, and $.50 for each additional year searched thereafter). (d) Dog licenses pursuant to Section 110 of the Agriculture and Markets Law (including the portion of the fee payable to the State) (e) Purebred licenses $8.50 for spayed and neutered dogs; $13.50 for non-spayed or non-neutered dogs Fees required by Section 110 of the Agriculture and Markets Law, (presently $25.00 for ten or fewer registered purebred dogs. / / > feeslic.//, wpSlUh, 04128/92 1:15pm (f) Tax searches (g) Water and sewer searches $50.00 for more than 10 but not more than 25 registered pure bred dogs, and $100.00 for more than 25 registered purebred dogs). $5.00 for each five years covered by the search. $5.00 for each five years covered by the search. Section 3. FEES PURSUANT TO THE FREEDOM OF INFORMATION LAW. Subdivisions (1) and (2) of the Resolution of the Town Board dated February 12, 1990 amending prior resolutions on Freedom of Information are hereby amended to read as follows: "(G). Fees. (1) Copies generally. The Clerk shall upon request make a copy or copies of any record subject to such inspection and which can be copied on the Town of Ithaca copying equipment (maximum size 11 by 17 inches) upon the payment of $.20 per page for the first ten pages of a letter or legal size document and $.10 per page for any additional pages of the same document, copying of which is requested at the same time. Copies of pages larger than 8-1/2 by 14 up to 11 inches by 17 inches shall be at $.25 per page. Aerial photos shall be provided at the rate of $3.50 per aerial photo. If the Town offices have working equipment enabling copying of other maps, reproductions of those maps that can be copied will be supplied at a cost of $.50 per square foot. Any documents, tapes, maps, papers, etc. which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying. If a copy or copies are desired thereof by the requestor, the Clerk shall have the requested copies available in the Town offices within five business days. (2) Copies of certain documents. Notwithstanding the foregoing the Clerk shall provide copies of the following documents upon payment of the fees set forth opposite the same. feeslic.//, wpSlith, 04128/92 1:15pm / ( \ (i) Zoning ordinance, appendix and map $5.00 (ii) Subdivision regulation $2.00 (iii) Local environmental review regulations $2.00 (iv) Sign ordinance $1.25 (v) Conservation Advisory Council open space report $3.00" Section 4. OTHER MISCELLANEOUS FEES. The following additional fees are established in the Town of Ithaca: (a) Facsimile charges Normal copy costs plus estimated phone charge (b) Checks returned $15.00 per check Section 5. AMENDMENTS. The foregoing charges, except those relating to dog licenses and purebred licenses, may be changed by ordinance, local law, or resolution of the Town Board from time to time. The fees set forth above with respect to dog licenses and purebred licenses may be changed only by an ordinance or local law. ' ^ Section 6. INVALIDITY. If any provision of this law is held invalid by a court of competent jurisdiction such invalidity shall not affect any other provisions of this local law. Section 7. EFFECTIVE DATE. This law shall take effect on June 1, 1992. Town Board Meeting 5/11/92 Agenda Item No. 9 Cornell University GEIS Contract Resolution No. 107 To«n University has submitted a proposal to the ^tarement ( GEIS ) is being prepared which will evaluate ootenti;.! possibira^ter^'"""®"^^' -"itigation measures ^^andP sible alternatives associated with the proposed rezoning, and the rfvief'^f^a^,® 7°"" requested that proposals be submitted fortne review and analysis of the GEIS; and WHEREAS, the Town of Ithaca Town Board has selected Larsen stafrirr:! consultant to assist the Town Planning BoarrfnSin reviewing the Cornell University GEIS; and WHEREAS, the Supervisor has been authorized to execute an' Larsen Engineers for the provision of such servicesI including an initial phase of the review, without further approval af but otherwise to be upon such terms and conditions of fh» T® approved by the Supervisor with the assistance and advicebl it further Engineer, and Attorneys for the Town; and RESOLVED, that the Supervisor be authorized and directed to execute an agreement containing a termination clause for an amount not to exceed $41,425 which includes payment for the initial phase E^ine^rf f"""" Resolution with Larsen of R 5 outlined above without further approvalOf this Board, and be it further «ypj.uvcii "ssi-io-i .'."a that- E^EOLVED, that if the Supervisor deems it advisable to do sothat there be communicated to Cornell University the proposed termsand cost of the agreement with Larsen Engineer^ MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori —, DATED: May 11, 1992 '■ carried Unanimously Joan^ent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 10 Local Advisory Board of Assessment Review Appointments Resolution No. 108 BE IT RESOLVED, the Town Board hereby appoints Councilman John Whitcomb and Councilman Frank Liguori to represent the Town of Ithaca as members of the Local Advisory Board of Assessment Review. MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman David Klein n DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 11 Hourly Pay Rate for Committee Minute Transcription Support Resolution No. 109 WHEREAS, the CAC and CPC have the need for clerical support to provide minutes of their respective meetings, and WHEREAS, the Town of Ithaca recently advertised for such support at the previous rate of $8.00/hour and received only two responses, and WHEREAS, only one of the applicants was ultimately interested in the position but would require $9.00/hour, and WHEREAS, $9.00/hour is not inconsistent with what the Town of Ithaca pays other persons for similar kinds of services, and may in some cases include the use of the individual's equipment for transcription purposes, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby approve a rate of up to $9.00/hour for minute transcription support to the CAC and CPC; the total amount not to exceed the amount budgeted for such services by each Committee. MOVED: Councilman David Klein SECONDED: Councilman Karl Niklas DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk David Klein Aye Patricia Leary Aye Karl Niklas Aye Frank Liguori Aye John Whitcomb Nay Motion Carried n Town Board Meeting 5/11/92 Agenda item No. 12 Agreement for the Expenditure of Highway Moneys Resolution No. 110 WHEREAS, pursuant to the provisions of Section 284 of the Highway Law the Town Board is required to enter into an agreement with the Highway Superintendent outlining the expense of moneys levied and collected in the Town for the repair and improvement of highways, and for moneys received from the State of New York for State Aid for the repair and improvements of highways; and WHEREAS, the Town Board of the Town of Ithaca wishes to comply with Town Law and the requirements of the State of New York; now therefore be it RESOLVED, that the Town Board does hereby approve and adopt the attached "Agreement for the Expenditure of Highway Moneys for the year 1992", as prepared by the Highway Superintendent and the Public Works Committee. MOVED; Councilman Frank Liguori SECONDED: Councilman Karl Niklas Carried Unanimously DATED: May 11, 1992 ^ ^n/rvulh^ Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 13 Highway Paving Schedule Resolution No. Ill WHEREAS, the Town of Ithaca has scheduled its road improvements, and WHEREAS, in the spirit of cooperation and providing information to the area residents, this schedule should be made public and followed as closely as possible, now therefore be it RESOLVED, that the following roads be improved according to the indicated dates and methods; Hot Mixed Asphalt Paved - July 13-24, 1992 Sunnyview Terraceview Towerview Westview Ridgecrest Road Burns Road Whitetail Drive (Troy Rd. to Saranac) Micro Paving - June 22-26, 1992 Caldwell Road Lisa Place Grove Road Grove Place Longview Glenside Wildflower Renwick Drive Oil & Stone - August 17-21, 1992 Sunnyhill Lane Summer Hill Lane Vista Lane Halcyon Hill Williams Glen Orchard Hill MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk p Town Board Meeting 5/11/92 i i Agenda Item No. 15 Town Board Meeting Minutes 12/31/91 Resolution No. 112 WHEREAS, the Deputy Town Clerk has presented the Town Board Meeting Minutes for the meeting held December 31, 1991 to the Town Board for their review and approval, and WHEREAS, the Town Board has reviewed and approved said minutes; now therefore be it RESOLVED, that the Town Board does hereby adopt said minutes as the official minutes of the Town Board for the meeting held December 31, 1991. MOVED: Councilman Karl Niklas SECONDED: Councilman John Whitcomb Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk r Town Board Meeting 5/11/92 Agenda Item No. 15 Town Board Meeting Minutes 1/13/92 Resolution No. 113 WHEREAS, the Deputy Town Clerk has presented the Town Board Meeting Minutes for the meeting held January 13, 1992 to the Town Board for their review and approval; and WHEREAS, the Town Board has reviewed and approved said minutes; now therefore be it RESOLVED, the Town Board does hereby adopt said minutes as the official minutes of the Town Board for the meeting held January 13, 1992. MOVED: Supervisor Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 15 Town Board Meeting Minutes 4/13/92 Resolution No. 114 WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes for the meeting held April 13, 1992 to the Town Board for their review and approval; and WHEREAS, Town Board does hereby adopt and approve said minutes with the following corrections, as the official minutes of the Town Board for the meeting held April 13, 1992. 1. Title Page; Town Board Members Present - Delete Councilman Klein, add Councilman Klein as member absent. 2. Resolution, Agenda Item No. 6: Amendment Ordinance Regulating Traffic & Parking, delete vote by Councilman Klein to Roll Call Vote. 2. Resolution, Agenda Item No. 24: Retirement Home Rule Message, delete vote by Councilman Klein to Roll Call Vote. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori DATED: May 11, 1992 Carried Unanimously Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 16 Financial Reports Resolution No. 115 WHEREAS, the Assistant Budget Officer has presented the Financial Reports of the Town of Ithaca for the months ending December 31, 1991; January 13, 1992; and February 29, 1992 to the Town Board for their review and approval; and WHEREAS, the Town Board has reviewed said reports; now therefore be it RESOLVED, the Town Board does hereby adopt said reports and as the official reports for the months indicated. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 20 Town Clerk's Attendance Seminar for Tax Collecting Officers Resolution No. 116 V/HEREAS, the Association of Towns of the State of New York is sponsoring a Seminar for Tax Collecting Officers at The Fallsview in Ellenville, Ulster County, New York from June 14-17, 1992; and WHEREAS, the Town Clerk/Tax Collector believes this seminar would prove to be both educational and beneficial to her in the performance of her duties as Tax Collector, and WHEREAS, the actual and necessary expenses incurred in attending this school including registration fee are proper municipal charges under General Municipal Law, Sec. 77-b; and WHEREAS, the registration fee and room deposit must be received prior to the seminar date; now therefore be it RESOLVED, the Town Board does hereby approve the attendance by the Town Clerk/Tax Collector to said seminar, and be it further RESOLVED, the actual and necessary expenses incurred by the Town Clerk/Tax Collector shall be paid from the General Fund Account A1330.4 Tax Collection, Contractual Expenses, and be it further RESOLVED, the registration and room fee of $50.00 each shall be prepaid from the same General Fund account to secure a reservation for the Town Clerk/Tax Collector. MOVED: Supervisor Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk n Town Board Meeting 5/11/92 Town Board Meeting 5/11/92 Agenda Item No. 22 Transfer of Town Parkland, Deer Run III Revised Subdivision Resolution No. 117 WHEREAS, the Planning Board, at its Hay 5, 1992 meeting, granted Modification of Final Subdivision Approval to the Deer Run Phase III Subdivision to allow the transfer of 2,400+/-square feet of land from Town of Ithaca Tax Parcel No. 6-44-1-4.32 (originally to be deeded to the Town as part of a future recreation way) to Mark Bristol owner of Town of Ithaca Tax Parcel No. 6-44-1-4.35, in exchange for an equal size piece of land on Town of Ithaca Tax Parcel No. 6-44-1-122.2, and WHEREAS, said approval was granted conditionally upon approval of the proposed transfer of parkland by the Town Board, and WHEREAS, Deer Run Investors, L.P., represented by Edwin Hallberg, who is the owner of both parcels involved, has agreed to the proposed transfer of land to be dedicated to the Town, and WHEREAS, the deed for the 2,400+/- square feet of land which was originally to be dedicated to the Town as part of Deer Run Phase III was never officially recorded therefore approval of the State Legislature for the proposed transfer of land is not required, and WHEREAS, the Planning Department has stated that a future Town recreation way connecting Deer Run and Chase Farm Subdivisions, as originally proposed, will not be affected by the proposed transfer of parkland; now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby approves of the proposed transfer of 2,400+/- square feet of land from Town of Ithaca Tax Parcel No. 6-44-1-4.32, originally to be dedicated to the Town as parkland, to Town of Ithaca Tax Parcel No. 6-44-1-4.35, in exchange for dedication of an equal size piece of land from the southern corner of Town of Ithaca Tax Parcel No. 6-44-1-122.2, to be consolidated with Town of Ithaca Tax Parcel No. 6-44-1-125, conditioned upon the following: 1. Preparation and submission of a deed, abstract tax searches, and payment of all recording fees by the developer, for the 2,400+/- square feet of land on Town of Ithaca Tax Parcel No. 6-44-1-122.2 to be dedicated to the Town as parkland, to be approved by the Town Attorney. Town Board Mtg. 5/11/92 Agenda Item No. 22 Resolution No. 117 Pg. 2 2. Preparation and submission of a deed, abstract tax searches, and payment of all recording fees by the developer for the remaining portion of land on Town of Ithaca Tax Parcel No. 6- 44-1-4.32 that was originally proposed to be dedicated to the Town as a future recreation way as part of Deer Run Phase 111 but was never recorded, to be approved by the Town Attorney. 3. Execution of an agreement acceptable to the Town Attorney whereby the developer of Deer Run agrees to pay all real estate taxes on the premises being conveyed until the assessment office converts same to a tax-exempt status. 4. The foregoing deed and items are to be provided, delivered, and recorded within three (3) months of the date of this resolution. MOVED; Councilman Karl Niklas Carried Unanimously SECONDED: Supervisor Shirley Raffensperger DATED: May 11, 1992 n JLctl O-ln.ryulh^ Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 23 SEQR South Hill Recreation Way Cut and Fill Proposal Resolution No. 118 WHEREAS, this action is the consideration of the environmental implications of removing approximately 3,800 cubic yards of fill from a portion of the former Delaware Lackawanna and Western Railroad grade for deposition as fill material in a cut approximately 500 feet eastward along the same railroad grade; and WHEREAS, the proposed deposition of fill is needed in order to accommodate the difference in elevation between the proposed South Hill Recreation Way and the future Klondike Lane; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is Lead Agency in environmental review; and WHEREAS, the Town Board has reviewed the completed Parts I and II of the Short Environmental Assessment Form, and a recommendation for a negative determination of environmental significance for the proposed action submitted by the Assistant Town Planner; now therefore be it RESOLVED, that the Town Board make and hereby does make a negative determination of environmental significance for the proposed removal of approximately 3,800 cubic yards of fill from a portion of the former Delaware Lackawanna and Western Railroad grade for deposition as fill material in a cut approximately 500 feet eastward along the same railroad grade. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 23 Approval of Design Plans for Coddington Road to North View Barricade Section of South Hill Recreation Way Resolution No. 119 WHEREAS, this action is approval of the final design for that portion of the South Hill Recreation Way between Coddington Road on the west and the "NYSEG barricade" in the vicinity of North View Road, as shown on drawings prepared by the Town Planning Department and dated Hay 11, 1992; and WHEREAS, the proposed South Hill Recreation Way has been authorized by the Town of Ithaca Town Board by resolution dated December 29, 1989; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board, acting as Lead Agency in environmental review, did on April 10, 1989 make a negative determination of environmental significance; and WHEREAS, the design plans submitted for review and approval by the Town Board have received the benefit of public input through a number of public meetings and discussions since January 1989, and reflect in many ways the input of the public; now therefore be it RESOLVED, that the Town Board approve and hereby does approve the final design for that portion of the South Hill Recreation Way between the Coddington Road on the west and the "NYSEG barricade" in the vicinity of North View Road, as shown on drawings prepared by the Town Planning Department and dated May 11, 1992. MOVED: Councilman Karl Niklas SECONDED: Councilman David Klein Carried Unanimously DATED: May 11, 1992 p Joan Lent Hamilton, Town Clerk Town Assigned Project ID Number 10/90 Town of Ithaca Environmental Revfev SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Tovn of Ithaca^ Tompkins County ONLY PART I - Project Information (To be completed by Applicant or Project Sponsor) ( \ ! ^ 1. ApplicanySponsor: ; |2. erojectName: Town of Ithaca Town Board 3. Precise Location (Street Address and Road Intersections, prominent landmarks, etc. or provide map): Town of Ithaca, Tompkins County, New York Tax Parcel Number: 4. Is Proposed Action: NEW Q EXPANSION H MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other relevant items): Removal of approximately 3,800 cu. yd. of earth fill from section of .former DL&W railroad grade, located approximately 1,100 ft. easterly of Coddington Road, for use as fill material further east along said railroad grade. The proposed action is a modification of the original design of the South Hill Recreation Way. (see attached aerial photo) (Attach separate sheet(s) if necessary to adequately describe the proposed project.) ^/mount of Land Affected: Initially (0-5 yrs) 1 . .S Acres (6-10yrs) ^ Acres (>10yrs) ^ Acres How is the Land Zoned Presently ? R^9 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES H NO □ If no, describe conflict briefly : 9. Vill proposed action lead to a request for new: Public Road ? YES | | NO IT Public Water? YES □ NO Public Sewer ? YES □ NO 10. What is the present land use in the vicinity of the proposed project? gg Residential []] Commercial I I Industrial Q Agriculture Q Park/Forest/Open Space Q 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 X NO | | If yes, list agency name and permit/approval/funding Office of Parks, Recreation &. Historic Preservation/EQBA funding 12. Does any aspect of the proposed action have a currently valid permit or approval? YES I 1 NO |X If yes, list agency name and permit/approval. Also, state whether that permit/approval will require modification. ^ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I \|icant/Sponsor Name (Print or Type): Town Board, Town of Ithaca SupervisorSignature. ,5r. , / v Date: May X3, 1992 SECTION OF PROPOSED SOUTH HILL RECREATION WAY Area from which fill material will be taken. Railroad cut where fill will be deposited. 5/6/92 TOWN 0~ JTHACA 126 S. SENECA ITHACA. N.Y. -AScO Aerial Photo taken 4/4/91 PART II - EWYIROHHENTAL ASSESSMEHT (T» b. cmpW^d b. theT.vn .f : U» ^ ^on exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law^ YES I I NO L ^ -yx If ygg/ coordinate the review process and use the Full EAF Will . N proposed a^n receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? I I NO pgq (if no, a negative declaration may be superseded by another involved agency, if any.) * 1" associated vith the foHoving; (Answers may b« handwritten, if legible) n V ?*? "-.sroundwater quality, noise levels, existing traffic patterns, solid waste productionand disposal, potential for erosion, drainage or flooding problems? Explain briefly: S'ee attached. "• ? Community or See attached. or'th!-tatrc!^'t""^j''®'^' 'I- vildWe speoies, significant habitats, unique natural areas, wetlandsor threatened or endangered species? Explain briefly: . weiwnos. See attached. Iata?aTJsources7&n Me%f °™'' See attached. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : See attached. C6. Long term, short term, cumulative, or other effects not identified in C1-CS? Explain briefly: \ * I See attached. I I\7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: See attached. 1D. Is the^or is there likely to be, controversy related to potential adverse environmental "" | I I NO I yj If yes, explain briefly: E. Comments of staff |^, CAC | |, Other Q attached. (Check applicable boxes) PART III - DETERMINATION OF SIGMIFICANCE (To be completed by the Town of Ithaca) I'Jnnw''w identified above, determine whether it is substantial, large, important or otherwisesignificant Each effect should be assessed in connection with its (a) setting (ie. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. I I Check this box 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. fk 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 attach ments as necessary, the reasons supporting this determination Town Board, Town of Ithaca Name of Lead Agency Raffensperger, Supervisor f V^aijie & Title of Responsible Officer in Lead Agency rep^retf^s Signature (If differentPreparer^s Signature Uf^Jferent from Responsible Officer) Signature of Contributing Preparer Signatoreof Resbdhsible Officer in Lead Agency Date May 13. 1992 f \ ^ PART II - Environmental Assessment - Proposed design changes to South Hill Recreation Way between Coddington Road and Juniper Drive A.^. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse impacts with regard to air quality, noise levels, existing traffic patterns, solid waste production or potential for erosion are anticipated as a result of this action. The proposed changes in the project consist of removal of approximately 3,800 cubic yards of earth fill material from an existing railroad embankment and using the material to fill a cut approximately 500 ft. easterly along the same railroad grade. Approximately 900 linear ft. of the embankment would be reduced in height between 1 ft. and 5 ft. The proposed operation is V expected to take up to 10 working days to complete. No changes to existing surface drainage will occur as a result of removing material from the embankment. Thus no significant adverse impacts with regard to surface or groundwater quality, or arising from drainage or flooding problems are anticipated as a result of the proposed action. The proposed filling of the cut will result in the diversion of a small amount of drainage easterly toward Juniper Drive. The volume of this additional drainage however is expected to be very small, and no significant adverse impacts with regard to drainage or potential for erosion or flooding are anticipated as a result of the proposed diversion. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. No agricultural resources exist on the site. No aesthetic, archaeological, historic, or other natural or cultural resources are known to exist on the site or otherv/ise expected to be impacted by the proposed action. No adverse impacts to community or neighborhood character, are expected as a ^ ^ result of the proposed action. Town Board Meeting 5/11/92 Agenda Item No. 24 NYS Amendments to Section 267 of Town Law Resolution No. 120 WHEREAS, the Town of Ithaca must act by July 1, 1992 on the issue of whether the Town wishes to adopt the State standard enabling legislation which has been enacted dealing with Boards of Zoning Appeals; and WHEREAS, in the opinion of the Town Attorney Section 267 creates a situation whereby a variance could never be granted for a use variation, and WHEREAS, it is the recommendation of the Town Attorney that the Town of Ithaca adopt a Local Law which supersedes the State's; now therefore be it RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to consider a "Local Law to Change Variance Standards Resulting From New York State Amendments to Section 267 of the Town Law Dealing With Boards of Zoning Appeals", to be held at the regular meeting of the Town Board, Town Hall, Ithaca, New York on June 8, 1992 at 7:30 p.m. MOVED; Councilman Karl Niklas SECONDED: Councilman John Whitcomb DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 25 Amendments to Town of Ithaca Zoning Ordinance Resolution No. 121 WHEREAS, it is necessary to make some technical amendments to the Town of Ithaca Zoning Ordinance; and WHEREAS, said amendments must be made after holding a properly advertised Public Hearing; now therefore be it RESOLVED, that the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the regular meeting of the Ithaca Town Board on June 8, 1992 at 7:00 p.m., at the Ithaca Town Hall to consider a "Local Law Revising The Town of Ithaca Zoning Ordinance, Technical Amendments". MOVED: Supervisor Shirley Raffensperger SECONDED; Councilman David Klein Carried Unanimously DATED: May 11, 1992 I Jlujr Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 26 Support for Mapping Assistant Resolution No. 122 WHEREAS, the Planning Department is in need of an assistant to help prepare and revise maps for the Comprehensive Plan and to assist with other mapping projects, and WHEREAS, Sylvie Laurin has been assisting the Planning Department with mapping projects for the past two months on a part- time voluntary basis, and is a graduate of Montreal University's School of Landscape Architecture, and has a substantial amount of mapping and design experience, and WHEREAS, the Planning Department would like to continue to utilize Ms. Laurin's professional skills to further assist with the preparation and revision of Comprehensive Plan Maps and other projects as needed, and offer her compensation for her assistance, now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby offers Ms. Laurin a part-time position as Mapping Assistant to assist the Planning Department with mapping and other projects as needed, not to exceed 20 hours per week, at a salary of $7.00 per hour, to be retroactive to the week of May 4, 1992. MOVED: Councilman Karl Niklas SECONDED: Councilman David Klein Carried Unanimously DATED: May 11, 1992 ^a/yyuJtc^. Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 27 Engineering/Inspection Field Office Trailer Resolution No. 123 WHEREAS, construction of the 1989 Water and Sewer Improvements Contract #2 Inlet Valley is continuing, and Contract #4 Inlet Valley, will begin this summer and continue for an estimated 9 months, and WHEREAS, field office space for coordination and control of these projects continues to be necessary, and WHEREAS, the Town Engineer recommends that the Town of Ithaca purchase the 10-foot by 40-foot construction trailer currently in use from Rupp Rental under a rental - purchase option; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca authorizes the Town Engineer to enter into a purchase agreement for the 10- foot by 40-foot construction site trailer, with the total cost to the Town of Ithaca not to exceed $8,500, and with funds for the purchase thereof to be taken from the Capital Projects Budget for the 1989 Inlet Valley Water and Sewer Improvement. MOVED: Councilman Karl Niklas SECONDED: Councilman David Klein Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 30 American Community Cablevision Franchise Transfer Resolution No. 124 WHEREAS, ACC has requested the Town of Ithaca to consent to the transfer of the business of ACC to a newly formed limited partnership; and WHEREAS, the Town was given no information regarding the financial integrity, liens, net worth, or other detailed financial information to make an informed judgement on the advisability of consenting to such transfer; and WHEREAS, the Town does not have available to it the resources to independently investigate all of the ramifications of the requested transfer, including whether the new entity will reliably perform the obligations of the franchise under the franchise with the Town, who the principals of the new entity are going to be, and what the likely effect will be of the transfer upon the customers in the Town; NOW THEREFORE, in view of the premises set forth above, it is / RESOLVED, that the Town take no position regarding the proposed transfer, and further RESOLVED that, accordingly, the Town neither consents nor expressly objects to the proposed transfer.1 MOVED; Supervisor Shirley A. Raffensperger SECONDED: Councilman Karl Niklas DATED: May 11, 1992 Carried Unanimously Qnrtyw 1-1 Omi.fcfc JosOfi Lent Hamilton, Town Clerk Agenda Item No. 31 Ethics Law Disclosure Statement Resolution No. 125 WHEREAS, on January 13, 1992 the Town of Ithaca Town Board adopted Local Law No. 4 of the Year 1992, A Local Law Repealing Local Law No. 2 of the Year 1970 and Establishing Revised Ethics Rules Applicable to Town of Ithaca Officers and Employees; and WHEREAS, a provision of this Local Law is that each Official and Employee of the Tov/n must file with the Town Clerk an Annual Disclosure Statement; and WHEREAS, the Town Attorney has presented a proposed Annual Disclosure Statement Form for the Town Board's review and approval; now therefore be it RESOLVED, the Town Board does hereby approve of said Annual Disclosure Statement Form as presented, and be it further RESOLVED, that all officials and employees of the Town of Ithaca as outlined in Local Law #4 of the Year 1992, shall complete and file said Annual Disclosure Statement with the Town Clerk as soon as possible. MOVED; Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk ANNUAL DISCLOSURE OF TOWN OF ITHACA FOR 19 Last Name First Name Initial Title Department or Agency Work Address Phone No. If the answer to any of the following questions is "none", please so indicate. 1. Real Estate Ownership. List the address of each piece of property that you or any member of your family own or have a significant financial interest in. List only real estate that is in the Town of Ithaca (the "Town") or- outside the Town but adjacent to the Town's boundaries. "Family" means your spouse or equivalent member of a household sharing living expenses with you, and any of the following, if residing with you: child, step-child, brother, sister, parent, or person you claimed as a dependent on your latest state income tax return. "Significant financial interest" shall mean an ownership interest of more than ten percent or a security interest in the property (such as a mortgagee) of more than $100,000.00. ' \ Name of Relationship Address of Nature and Extent Family Member To You Real Estate of Investment 2. Outside Business Interests. List the name of any partnership, unincorporated association, or unincorporated business (located in the State of New York or which does business in the State of New York) of which you or any member of your family (as defined above) is a member, officer, or employee, or has a significant proprietary interest (an ownership interest of more than 10%). Also list the name of any corporation, whether for-profit and not-for-profit (located in the State of New York or which does business in the State of New York) of which you or any member of your family is an officer, director, or employee, or owns or controls, individually or in combination with you or other members of your family, more than 10% of the outstanding stock. Also list the nature of any self-employment from which you or a member of your family has derived gross income of more than $5,000.00 during the previous twelve months. Name of Name of Employer Nature of Family Member or Business Business Involved Type of Duties or Business Nature of (e.g. partner- Affiliation ship) 3. Licensed Professions. If you practice law, are licensed as a real estate broker or agent, practice another profession licensed by the New York State Department of Education, or are involved in a corporation or business described in paragraph 2 above, set forth below a general description of the principal subject matters undertaken in the stated practice, including the nature of the clients' businesses. Name of Employer or Entity Nature of Business General Description of Business Activities Including Nature of Clients' businesses 4. Contracts With Town. Set forth below any interest you may have in any contract with the Town. (You may exclude your employment contract with the Town for the principal services you perform for the Town as an officer, employee, or professional consultant to the Town). Description of Contract (e.g., professional consulting, supplies) Nature of Interest In Contract (e.g., owner, supplier, etc.) Date: Signed: Town Board Meeting 5/11/92 Agenda Item No. 33 Local Roads Speed Limit Legislation Resolution No. 126 WHEREAS, Senate bill 2744, a bill allowing municipalities to establish their own speed limits on local roads without having to secure State approval was recently adopted; and WHEREAS, Senator James L. Seward is in favor of said bill, and requested the Town of Ithaca correspond with State Assemblyman Martin Luster to ask his support of said bill being presented onto the State Assembly floor; now therefore be it RESOLVED, that the Supervisor is hereby authorized and directed to review the S.2744/A.4199 bill with the Highway Superintendent to ascertain if said bill would be beneficial to the Town of Ithaca and other municipalities, and be it further RESOLVED, the Supervisor and Highway Superintendent are also authorized and directed to correspond with Assemblyman Martin Luster without further Town Board approval to request his support of said bill if they determine said bill would benefit the Town of Ithaca and other municipalities; and be it further RESOLVED, a certified copy of this resolution be sent to Senator James L. Seward, and Assemblyman Martin Luster. MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman John Whitcomb DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 34 Town of Ithaca Warrants Resolution No. 127 WHEREAS, the following numbered vouchers have been presented to the Town of Ithaca Town Board for approval of payment, and WHEREAS, said vouchers have been audited for payment by said Town Board, now therefore be it RESOLVED, that the Town Board authorizes the payment of said vouchers. General Townwide Vouchers: General Outside Village Vouchers: Operating Fund Vouchers: Highway Fund Vouchers: Lighting Districts Vouchers: Capital Projects Vouchers: Capital Project Vouchers: No.238-291 No.111-131 No.245-301 No.123-146 No.7-9 No.27-31 No.H18-H22 MOVED: Councilman Karl Niklas SECONDED: Supervisor Shirley Raffensperger DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 35 SCLIWC (Bolton Point) Warrants Resolution No. 128 WHEREAS, the following numbered vouchers have been presented to the Town of Ithaca Town Board for approval of payment, and WHEREAS, said vouchers have been audited for payment by said Town Board, now therefore be it RESOLVED, that the Town Board authorizes the payment of said vouchers. Water and Sewer Vouchers: No. 78-102 MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman John Whitcomb DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 36 Planning Board Member Appointment Resolution No. 129 WHEREAS, there is presently a vancancy on the Town of Ithaca Planning Board; and be it WHEREAS, it is necessary to fill said vacancy; now therefore RESOLVED, the Town Board of the Town of Ithaca does hereby appoint Candace E. Cornell of 1456 Hanshaw Road, Ithaca to fill the unexpired term of Judith Aronson, and be it further RESOLVED, said term of office shall be effective immediately upon Ms. Cornell taking the Oath of Office through December 31, 1994, and be it further RESOLVED, a certified copy of this resolution be forwarded to Carolyn J. Grigorov, Chair, Town of Ithaca Planning Board; and Candace E. Cornell; MOVED: Councilman John Whitcomb SECONDED: Councilman Karl Niklas DATED: May 11, 1992 . vlSvA Q-l a/yyuJii^ Councilman Whitcomb Aye Councilman Niklas Aye Councilwoman Leary Aye Councilman Klein Aye Councilman Liguori Nay Motion Carried Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. 38 Town Clerk Moving Expenses Resolution No. 130 WHEREAS, as a condition of her employment with the Town of Ithaca the Town Clerk was to become a resident of the Town of Ithaca within six months of her appointment, and WHEREAS, the Town Clerk has met the residency requirement as of May 09, 1992 by moving to 136 Seven Mile Drive, #67, Ithaca, New York; and WHEREAS, the expenses incurred by the Town Clerk during the moving process were legitimate expenses necessary to fulfill the residency requirement; now therefore be it RESOLVED, that the Town Board does hereby authorize the reimbursement of $513.84 as per the attached itemized listing to the Town Clerk for moving expenses she incurred in fulfilling the residency requirement; and be it further RESOLVED, payment will be made from the General Fund appropriation line items A1330.4 and A1410.4. MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk n Town Board Meeting 5/11/92 Agenda Item No. 40 NYSEG Mapping Project Resolution No. 131 WHEREAS, the New York State Electric and Gas Corporation (NYSEG) has approached and been negotiating with the Town of Ithaca, City of Ithaca, and Tompkins County to enter into a cooperative agreement whereby each entity would be mapped using aerial photography, and WHEREAS, said mapping project would benefit the Town of Ithaca by providing in the densely populated areas of the Town a map with a scale of one inch for each fifty feet accuracy showing buildings, roads, and utilities; and in the remainder of the Town a map with a scale of one inch for each two hundred feet accuracy showing roads and buildings; and WHEREAS, these types of maps will provide important resources to Town water and sewer operations, and will assist the Highway Department to identify right of ways, and in the future will be the basis of a geographic information system and WHEREAS, during the negotiations NYSEG has agreed to pay the difference between the original cost of $87,000 and $30,000 as the Town of Ithaca share, and WHEREAS, said cost of $30,000 has been appropriated within the funds of the Highway Department, and the Water and Sewer District Funds; now therefore be it RESOLVED, that the Town Board does hereby authorize and direct the Supervisor to enter into a cooperative mapping project with NYSEG, the City of Ithaca, and Tompkins County, $30,000 to be paid by the Town of Ithaca; and be it further RESOLVED, said cost to the Town of Ithaca shall be $30,000 and shall be disbursed and apportioned on a basis of one third from the Highway Department, one third from the Water District, and one third from the Sewer District. MOVED: Councilman Karl Niklas SECONDED: Councilman David Klein DATED: May 11, 1992 Jofan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item No. - Additional SCLIWC Financial Report - Audit Resolution No. 132 WHEREAS, the Town of Ithaca has received the Financial Report For the Year Ended December 31, 1991 from the firm of Ciaschi, Dietershager, Little, and Mickelson; Certified Public Accountants and Consultants for the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC); and WHEREAS, by Town Law said Financial Report must be made available for public review at the Town Clerk's office; now therefore be it RESOLVED, the Town Clerk is hereby authorized and directed to advertise the SCLIWC Financial Report for the Year Ending 1991 as prescribed by Town Law. MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman Frank Liguori Caried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 5/11/92 Agenda Item - Additional Town of Ithaca Financial Report - Audit Resolution No. 133 WHEREAS, the Town of Ithaca has received the Financial Report For the Year Ended December 31, 1991 from the firm of Ciaschi, Dietershager, Little, and Mickelson; Certified Public Accountants and Consultants; and WHEREAS, by Town Law said Financial Report must be made available for public review at the Town Clerk's office; now therefore be it RESOLVED, the Town Clerk is hereby authorized and directed to advertise the Town of Ithaca Financial Report for the Year Ending 1991 as prescribed by Town Law. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: May 11, 1992 Joan Lent Hamilton, Town Clerk n FINAL TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Joan Lent Hamilton n 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 that the notice has been duly published in the local newspaper; (Ithaca Journal) (Spp Aftrachprl) Location of sign board used for posting: Town Clerk*s Bulletin Board Date of Posting: April 24. 1992 Date of Publication: April 28. 1992 Toyp Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS; TOWN OF ITHACA ) Sworji to and subscribed before me this ^ \day of 19 VX. ^ Ncytary Public LEAH B. CARPENTER Notary Publii^ State of New York Qualified in Tompkins Co. No. 4797177 " My Commission Expires April 30,19—'^^ f >s The <itournal TOWN of ASAVloPI^Ioar^^ Town of Ilhoco will hold-d Public Hearing, ^aoy«May Jl. f992 «t7:0pp.m. at the Ilhoco Town Hall, 126 Eost Seneca Street, IthoM,Now York to cpn»lder ^ Adoption of Rules end Rw, ulotlons Recommended by ARft .-9 PlfAst'T/Sfe !Ef'=tfJii^73lSr-will be afforded the opportu-. nlty to voice their oppreval oropposition of soid nghc®;, Joon Lent Hamilton Town Clerk April 28. 1992 7^. FINAL TOWN OP ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, ToaTi T■An^ HfltniH-nn 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 that the notice has been duly published in the local newspaper: (Ithaca Journal) (Spp AM-arhed Location of sign board used for posting: Town Board Bulletin Board Date of Posting: April 24, 1992 Date of Publication: April 28, 1992 Toiwn Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SSs TOWN OF ITHACA ) Sworn to and subscribed before me this y\-^\\day of19 K- rv " ■ Notary Public LEAH :B. CARPENTER Notary Public, State of New YorkQualified in Tompkins Co. No. 4797177^My Commission Expires April 30,19—^^ f ^ n Tho Ithaca Journal -yTuesday,' April 28i.:1992 TO^ OF ITHACA t j NOTICE OF PUBLIC • HEARING r PLEASE TAKE NOTICE, that the Town Board of the ; town of Ithaca will hold a , • Public Hearing, Mondayr • May 11, 1992 at 7:15p.m. ; > at the Ithaca Town Hall,; 126 .-J t E. Senecd Street, Ithaca, I NeW Yprl(?to consider lo-. { col Lotw To 'Establish and | - Change! Collected by t r the Town Clerk.' ^ sm% , PLEASE TAKE FURTHER N0;1 ) TICE, at the aforementioned j I time and place all interested 1 > citizens wijl be afforded the t opportunity to voice their op'I ^rovjil^or ^pposilion of soid^ f A jbon Lent Hqmiltonj April 28, ^992