Loading...
HomeMy WebLinkAboutTB Minutes 1992-01-13 TOWN OF ITHACA TOWN BOARD MEETING January 13, 1992 At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town hall , 126 East Seneca Street , Ithaca, New York, there were : PRESENT : Shirley Raffensperger, Supervisor John Whitcomb, Councilman Patricia Leary, Councilwoman David Klein, Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT ; John Barney, Town Attorney Dan Walker, Town Engineer Scott McConnell, Highway Superintendent Andrew Frost, Building Inspector/Zoning Officer Floyd Farman, Town Planner Linda Nobles, Assistant Budget Officer Betty F . Poole , Deputy 'Town Clerk David Auble , 380 Coddington Rd. Paul Jacobs, Coll,egeview Mobile Home Park W . F . Albern, Sunnyslope Terrace Hruce Orittain, 135 Warren Road MEDIA PRESENT : Greg Williams , WHCU PLEDGE OF ALLEGIANCE Supervisor Raffensperger led the assemblage in the Pledge of Allegiance . REPORT OF TOUN OFFICIALS Supervisor' s Report Supervisor Raffensperger reported that on January 6 , 1992 , the Kendall Corporation met with her and the Town of Ithaca staff to provide utilities and zoning information . The Kendall Corporation is interested in finding a .:site in the Ithaca area . The site decision will be made probably by the end of January. If a site is picked in the Town of Ithaca, rezoning would probably be required. in the meantime , if additional information is needed, it could be discussed in executive session since it involves possible land purchase . She stated that she also met with the Forest Home Improvement Association Executive Committee . The concerns expressed to her included the County' s plan to replace the lower bridge in Forest Home, the reconstruction of Judd Falls Road in 1992 by the Town and the improvements planned for Caldwell Road. She did suggest contacting Highway Superintendent Scott McConnell far more specific information on particular plans for the Judd Falls load and Caldwell Road project . Town Highway Superintendent' s Report Highway Superintendent Scott McConnell submitted his annual report to the Town Board and highlighted various projects performed throughout the year. (Copy of annual report available upon request in the Town Clerk' s office ) Town Board Minutes 2 January 13 , 1992 Town Building Inspector/Zoning Officer' s Report Town Building Inspector/Zoning Officer Andrew Frost presented his monthly report as well as his annual report to the Town Board. { Copy of annual report available upon request in the Town Clerk' s Officel He went on to commend his secretary, Dani Holford for her commitment in following up on building permits . Town Planner' s Monthly Report 'down Planner Floyd Forman presented his monthly report as his annual report was presented in December 1991 . He reported that activity for the period focused on measures to implement the Comprehensive Plan ' s goals and objectives and continuing the review process . The major focus was the proposed Cornell Tennis Facility. Town Engineer's Report Town Encyineer Dan Walker offered his monthly report highlighting the water and sewer improvements on West Hill as well as Inlet Valley Phase I and II . He further stated that the Engineering Department is developing a comprehensive evaluation of existing water and sewer utilities and the various needs for these utilities in unserviced areas . They are also working with Tompkins County, the City of Ithaca, MYSM , and Cornell University on a mapping system which would be the basis for a comprehensive Ceographic Information System. REPORT OF. TONN COMMITTEES Conservation. Advisory Council Councilman Whitcomb presented to the Board, the Conservation Advisory Council ' s 1991 Annual. Report . (Cory of report available upon request in the Town Clerk' s Office ) He briefly reviewed various accomplishments of the CAC , with particular attention to the "Six Mile Creek Valley Report" , 1991 Open Space Report, and the 1991 Conservation Open Areas Inventory and Map . Codes and ordinances Committee Councilman Niklas had no report however he distributed a revised "DRAFT RESOLUTION" regarding the dissemination of information to the public . It is labeled "draft" as he has no intention for the Town Beard to consider the resolution at this time for a vote . He requested any feedback from the members of the Board as well as staff and would appreciate having this item placed on the February 10 , 1992 Town Board Agenda . He briefed those in attendance on the basic policy and content of the draft . Supervisor Raffensperger stated that this item will be placed on the February agenda as a di3cussion item. Comprehensive Planning Committee Councilman Klein reported on the current status of the committee and stated that he hopes the process to be closed relatively soon. CONSIDER CHANGE IN JOB TITLE FOR JOHN C AMANSKE_FROM PLANNER TECHNICIAN To PLANNER I Town Board Minutes 3 January 13, 1992 RESOLUTION 41 Motion by; Councilman Liguori Seconded by; Councilman Whitcomb WHEREAS, the Town of Ithaca has defined "Planner I" as a new job title , and WHEREAS , the type of work Mr. Czamanske performs fs Better categorized by the new jab title , now therefore be it RESOLVED, that the Town Hoard of the Town of Ithaca hereby approves the change of Mr. Czamanske ' s job title from Planning Technician to Planner I with no change in salary at this time . CARRIED UNANIMOUSLY DESIGNATION OF OFFICIAL DELEGATE AND ALTERNATE DELEGAT9 TO THE ASSDCI TION OF TOWNS MEETING -- RESOLUTION 42 Motion by: Supervisor Raffensperger Seconded by! Counncilman 1piklas 9ESOLVED, that the Torn Hoard of the Town of Ithaca hereby appoint Councilman Jahn Whitcomb to attend the Annual Business Session of the Association of Towns of the State of New York as the Official Delegate , to be held in New York City, on February 16 , 1992 and to cast the vote of the aforesaid Town , pursuant to Section 6 of Article III of the Constitution and By-Laws of said Association and be it further RESOLVED, that in the absence of the person ; so designated, Councilwoman Catherine Valentino has been designated the Alternate Delegate to cast the vote of said Town . CARRIED UNARIMGUSLY BUDGET TRANSFERS RESOLUTION kS Motion by: Councilman Niklaz Seconded by: Councilman Liguori RESOLVE?, that the Town Board of the Town. of Ithaca hereby approve the following 1991 year and budget transfers : CAPITAL PROJECTS FROM-. TO- AMOUP T H8S40. 221 INLET VALLEY WATER H9953. �l I/F 11FE11 CTW 122111. 00 H9954 . 9 I/r XFER WATER $ 1406 . 50 H9955 - 9 I/F XPER SEWER $1406 . 50 H8120 . 221 INLET VALLEY SEWER H9953 . 9 I/F GTW 2210 . 00 H9954 . 9 I/F WATER $ 1406 . 50 H9955 . 9 I/P KFER SEVER $ 1406 . 50 118340. 222 WEST MILL WATER H9953 . 9 I/F XFER GTW 1036 . 00 H8120 . 222 WEST HILL SEWER ,19953 . 9 I/F XFER GTW S 1036 . 00 TOTAL------------$12 , 118 . 00 i Town Hoard Minutes 4 January 13, 1992 H9953 . 9 I!F ]PER GTW A2801 I1F REV. FROM CAP. PROJECTS $ 6 , 492 . 00 U9954 . 9 I1F %FER WATER x`2801 I!F REV . FROM CAP PROJECTS S 2, 813. 00 M9955 . 9 I1F XFV R SEWER G2801 IIF REV . FROM CAP PROJECTS $ 2 , 613 . 00 TOTAL---------------------$X2116 . 00 YEAR END BUDGET AMENDMENTS Linda Nobles , Assistant Budget Officer stated that this was a balancing process and there were various departments within the Town which performed warp fox the Capital Projects and this now reimburses their budgets for the services. This is done by taking the amount from the individual capital projects account, then in to an inter-fund transfer account and finally to the various funds affected . RESOLUTION Motion by: Supervisor Raffensperger Seconded bye Councilwoman Valentino RESOLVED, that the mown Bo2krd of the Town of Ithaca hereby approve the following budget amendments for 1991 : Decrease ] DB5130 . 200-Machinery-Equipment $64, 659 . 76 DH5031-Interfund Transfer-From Gov' t. $64 , 659 . 76 Decrease : B1120-8ales Tax Revenue $21 , 659. 76 Appropriated Fund Balance $43, 000 . 00 89901 . 900-Tnterfund Transfer To Highway $64 , 659 . 76 CARRIED UNANIMOUSLY APPOINTMENT TO SOUTHERN CAYUGA LAKE INTERMUNICYPAL_WATER COMMISSION 14otion by; Councilman Hiklas Seconded by: Councilman Liguori RESOLUTION #5 RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Lawrence Fablaroni , 127 Warren Road, Ithaca , NY as the mown of Ithaca representative to the Southern Cayuga Fake Intermunicipal Water Commission for the term January 1 , 1992 to December 61 , 1992 . CARRIED UNANIMOUSLY APPROVAL OF TOWN BOARD MINUTES RESOLUTIOR #6 Motion by: Supervisor Raffenspergex Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca hereby approve the November 7 , 1991 Town Board minutes as presented. CARRIED UNANIMOUSLY Town Board Minutes 5 January 13, 1992 SET DATE FDR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWR OF ITHACA ZONING ORDINANCE TO 1 NGULATE THE NUHBER OF PRINCIPAL BUILDINGS ON NON-AGRICULTURAL LOTS IN AN AGRICULTURAL_DISTRICT Building Inspector/zoning Officer Andrew Frost explained the purpose of the proposed legislation . He stated that the Town of Ithaca Zoning Ordinance , in agricultural zones , does not define residential uses in agricultural zones which are limited to one building. He does not feel that the intent is to say that a farmer cannot have multiple buildings for his farm hands to live on. Further discussion followed. Councilman Liguori asked if there were instances where a lot is not designated but a second house is built on a large tract of land owned by a farmer? Attorney Barney stated that this would still be permitted as long as you had 30, 000 square feet available, designated but not necessarily subdivided as long as it is agricultural in use . Councilman Klein clarified by saying that on a 100 acre farm, you could only support 3 buildings and that one Mould not Heed to create a 30, 000 square foot area. Attorney Barney responded by sabring that you could not put more than one building for every 30 ,000 square feet in a residence . Zoning Officer Frost explained that the agricultural zone ' s reference to uses for 11-10 do not acknowledge that in an agricultural zone , all requirements of R-30 apply. This is something which will be addrasaed in 1992 . Councilman Niklas maintained that this is not the most glaring of the deficiencies of Section 68 of the Town of Ithaca Zoning Ordinance but it was raised by the Zoning Officer because of its potential problem and is very ambiguous as it stands . He went oa to say that the addition of the sentences gets rid of this ambiguity. The Codes and Ordinances Committee is in the process of proposing a number of amendments to the Zoning Ordinance . RESOLUTION #7 Motion By: Councilman Niklas Seconded by- Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 p . m . , on February 10, 1992 to consider a local law amending the Town of Ithaca Zoning Ordinance to regulate the number of principal buildings on non-agricultural lots in an agricultural district. Councilman Whitcomb requested that a copy of this proposed legislation be sent to the Agriculture Committee of the Conservation Advisory Council , A vote on the resolution resulted as follows : CARRIED UNANIMOUSLY SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROHIBITING CERTAIN USES IY BUSYNESS SOAVES WITHOUT SPECIAL APPROVAL Councilman Niklas prefaced the discussion on the proposed legislation by requesting, on behalf of the Codes and Ordinances Committee , that in the future , if draft pieces of legislation are to be communicated to the Town Board to set public hearings , in which there are substantive disagreements among the staff and the Town Board Minutes G January 13 , 1992 Town Attorney, that require policy decisions that the COC is uncomfortable with, that the draft documents be submitted along with a brief rendition on both sides of the argument. The point is that it is unfair to send proposals to the 'down Board without the Town Board being clearly informed on what the disagreements are . Attorney Barney stated that in the current business district zoning , referring to the documentation in hand , that all of the Items are permitted as of right in any commercial zone subject to meeting site plan constraints . The proposal would move a number of these items out of the provision of being automatically as a right in a given zone and require them to get, in addition to site plan approval , a special, permit . There were certain uses , which by their very nature , were felt to be needed to be subjected to the special approval process . The argument was whether, since an area is already determined to be a business district, the addition of a "Mom & Fop" type store or convenience store , should not be permitted without going through the special approval process . They still must go through the ;3ite plan process but was felt that it was over regulation to regiUre it to be subjected to the special approval process . He further stated that Town Planner Floyd Forman felt that it was not and cited in his memo that traffic concerns should indicate the need for special approval review. He further stated that this was really a policy decision for the 'Town Board to make . Supervisor Raffensperger asked as to whether the Planning Board has reviewed this and Town Planner Forman confirmed that they had at the last meeting . At that meeting, there were five 3oembers present, four voted in favor of and one apposed. RESOLUTION #B Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the 'down of Ithaca will meet and conduct a public hearing at 7 : 15 p. m . , oa February 10 , 1992 to consider a local law amending the Town of Ithaca Zoning Ordinance prohibiting certain uses in business zones without special approval . CARRIED UNANIMOUSLY 1992 DRAFT PRIORITIESfWORK FLAN Supervisor Raffensperger reviewed the Draft 1992 Priorities and York Plan presented . She had asked the staff for input in advance and would like the Town Sward to review before the February meeting. At that time , she will present another draft for the Board ' s approval. Councilman Whitcomb mentioned the addition of the storm water management plan and the completion and adoption of the EPODS . TOWN BOARD COMHITTEE _APPOINTMENTS Supervisor Raffensperger commented that she has tried to consult with all of the Town Board Members about their committee assignments and as no one protested , she would consider that the fallowing are the Town Committee appointments for 1992 : DEPUTY TOWN SUPERVISOR: John Whitcomb PLANNING: Coordinate planning improvement program, assist Town Town Board Minutes 7 January 13 , 1992 Board in review of Planning Department activities. David Klein, Chair John Whitcomb Karl Niklas Shirley Raffensperger Carolyn Grigorov (Floyd Forman ] BUDGET: Assist Town Board in review of monthly warrants, 1992 budget revisions and 1993 Preliminary Budget. John Whitcomb Catherine Valentino [Linda Nobles ] CODES AND ORDINANCE: Develop strategic revisions to ordinances and revisions to ordinances implementing Phase I, Comprehensive Plan, coordinate review of draft revisions with Town boards and committees, recommend revisions to Town Board. Karl Niklas, Chair Catherine Valentino Representative , Planning Board Representative, Zoning Board of Appeals Eva Hoffmann Harrison Rue [John Barney, Andy Frost, Floyd Forman, John Czamanske ] PUBLIC WORKS: Assist Town Board in review of Highway Department, Engineering Department and Parks Department activities . Frank Liguori, Chair David Klein Shirley Raffensperger [Dan Walker, Scott McConnell, Rich Schoch ] PERSONNEL: Assist Town Board in review of personnel policies. Shirley Raffensperger, Chair Pat Leary Catherine Valentino Carolyn Grigorov Edward Austen [Linda Nobles] ETHICS: Implement 1992 Ethics legislation, set up Ethics Board. Catherine Valentino, Chair Pat Leary Frank Liguori (Linda Nobles, Town Clerk ] ON GOING APPOINTMENTS: Town Board liaison to Intermunicipal Youth Commission - Catherine Valentino Northeast Transit - Pat Leary Television Franchise - Catherine Valentino TOWN OF ITHACA WARRANTS RESOLUTION #9 Motion by: Councilman Niklas Seconded by: Councilman Klein Town Board Minutes 8 January 13, 1992 RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated January 13, 1992, in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . $ 44 , 471 . 49 General Fund - Outside Village . . . . . . . . . . . . . . . . $ 19, 381 . 55 Highway Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26 , 371 . 06 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 264 , 945 . 01 Capital Projects Fund. . . . . . . . . . . . . . . . . . . . . . . . $ 547 . 28 CARRIED UNANIMOUSLY BOLTON POINT WARRANTS RESOLUTION 410 Motion by: Supervisor Raffensperger Seconded by: Councilman Niklas RESOLVED, that the Bolton Point Warrants dated January 13, 1992, in the Operating Account and Capital Projects Account are hereby approved in the amount of $106 , 309 . 04 and $35, 739 . 65 respectively. CARRIED UNANIMOUSLY EXECUTIVE SESSION RESOLUTION #11 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss a personnel matter and a zoning enforcement. CARRIED UNANIMOUSLY OPEN SESSION RESOLUTION #12 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open Session. CARRIED UNANIMOUSLY PUBLIC HEARING - 7: 00 P.M. TO CONSIDER AMENDING LOCAL LAW #6, 1987, COLLEGEVIEW MOBILE HOME PARK Proof of posting and publication of a notice of public hearing to consider the adoption of a local law amending Local Law #6, 1987, to increase from 52 to 65 the number of units permitted in the Collegeview Mobile Home Park having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. Supervisor Raffensperger reminded the Board that the public hearings scheduled for this evening were discussed by the Board at the last Town Board meeting, the reason being that the public hearings were not published and posted as was required for the last meeting. This is why we rescheduled them for this meeting in order Town Board Minutes 9 January 13 , 1992 to meet those requirements. P . F. Albern, Engineering Consultant to Paul Jacobs owner of Collegeview Mobile Home Park, stated that the approved drawing by the Tompkins County Health Department includes new sewers for the additional 13 lots and water to all properties in the Collegeview Mobile Home Park. As no others wished to speak, the Supervisor closed the public hearing. DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE RESOLUTION #13 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance for the increase from 52 to 65 the number of units permitted in the Collegeview Mobile Home Park. CARRIED UNANIMOUSLY LOCAL LAW #1 - 1992 RESOLUTION #14 Motion by: Councilman Liguori Seconded by: Councilman Klein LOCAL LAW NO . 1 FOR THE YEAR 1992 A LOCAL LAW TO AMEND LOCAL LAW NO. 6 OF THE TOWN OF ITHACA FOR THE YEAR 1987 TO INCREASE FROM 52 TO 65 THE NUI4BER OF UNITS PERMITTED IN THE COLLEGEVIEW MOBILE HOME PARK Be it enacted by the Town Board of the Town of Ithaca as follows: The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968 and subsequently amended, and local law No. 6 for the year 1987 of the Town of Ithaca amending the Zoning Ordinance be together further amended as follows : 1 . Section 2 (c ) is amended by deleting the figure " 52" and inserting the figure "65" . 2 . Section 2 ( d ) of said local law is further amended by adding new paragraphs at the end thereof reading as follows: "If the Planning Board finds that no significant impact has occurred by reason of the installation of the first 52 units hereunder ( inclusive of the original park area) and the Planning Board further finds that there will be no further significant impact by the installation of up to 13 additional units, the Developer may receive building permits for 13 additional units to the extent authorized and approved by the Planning Board upon such conditions as may be reasonably imposed by the Planning Board and upon the conditions set forth herein. As a condition of issuing such permits, the Planning Board may require tests and findings similar to those required as a pre-requisite to the issuance of any permits in Phase I , Phase II, or Phase III . "In addition to any conditions imposed by the Planning Board, Town Board Minutes 10 January 13, 1992 the granting of any permits for installation of more than 52 mobile homes in the mobile home park shall be subject to the following additional conditions : ( i ) All mobile homes in the mobile home park, including any new mobile homes to be installed and any mobile homes installed prior to the enactment of Local Law No. 6 for the year 1987 and any amendments thereto, shall be connected to municipal water no later than December 31 , 1992 . ( ii ) Connections to the municipal water supply will be in conformance with New York State Department of Health Requirements, Southern Cayuga Lake Intermunicipal Water Commission Regulations and all Town of Ithaca laws, rules and regulations including the Town of Ithaca Cross-Connection Control Law. ( iii ) Immediate connection to municipal sewers will be required for all new mobile home lots or other construction . ( iv) Connection of existing lots with currently functional on-site disposal systems to municipal sewers will be completed by August 1 , 1997 . Connection of lots served by inadequate on-site sewage disposal facilities, as determined by the Tompkins County Health Department, will be completed within one month of the failure of the system or whenever directed by the Town Board or Tompkins County Health Department, whichever is earliest. (v) Sewage treatment billings may, at the option of the Town, be reduced in proportion to the number of unsewered lots for a period of time up to August 1 , 1997 . The rate of adjustment will be computed by the Town Engineer based on the percentage of unsewered lots in the Park ( initially the sewage billings would be reduced by 52/65 assuming 13 new sewered lots and no other sewer connections) . Notwithstanding the foregoing, sewer benefit assessment charges would be calculated without reduction ( i . e . 65 sewer units would be charged assuming construction of all 13 new lots ) . 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4 . This law shall take effect 20 days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No. 1 - 1992 was thereupon declared duly adopted. Town Board Minutes 11 January 13, 1992 PUBLIC HEARING - 7 : 30 P.M. TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR MINIMUM OPEN SPACE REQUIREMENTS IN BUSINESS DISTRICTS Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to provide for minimum open space requirements in business districts having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. David Auble, 380 Coddington Road spoke and requested a more detailed interpretation of the proposed legislation regarding purpose and impact. Attorney Barney remarked that the only changes are in Section 37 , subsection 2 , which provides a limitation on area coverage of buildings on a lot, which is consistent with what the limitations are both in residential and light industrial zones. And then subsection 4 indicates that another 30% of the area has to be committed to open space . This is to assure that some area will be green or landscaped in commercial locations. DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE RESOLUTION #15 Motion by: Councilman Niklas Seconded by: Councilman Klein RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance providing for minimum open space requirements in business districts . CARRIED UNANIMOUSLY LOCAL LAW #2 - 1992 RESOLUTION #16 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino LOCAL LAW NO. 2 OF THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR MINIMUM OPEN SPACE REQUIREMENTS IN BUSINESS DISTRICTS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26 , 1968, and subsequently amended, be further amended as follows : 1 . Article 7 , Section 37 , is amended to read as follows : "SECTION 37 . Area, Yard, and Height Requirements shall be the following: 1 . Area: A minimum tract of two acres is required for the development of a "business district" . 2 . Yards: Front Yards Not less than 50 feet. Side Yards None required with respect to buildings all on the same lot but not less than 30 feet from any structure to a side property line Rear Yards Not less than 30 feet. The foregoing yard requirements may include any required buffer areas and shall not be in addition to any required buffer areas. 3 . Building Coverage : No building or buildings on a lot, including accessory buildings, shall be erected, altered or extended to cover more than 30% of the lot area. 4 . Minimum Useable Open Space : Minimum useable open space shall be not less than 30% of the lot area. For this purpose ' useable open space ' shall mean that portion of the lot area not covered by any structure ( as defined in Article I ) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. 5 . Height: All structures shall conform in height with other structures in the vicinity, provided, however, that no building shall exceed thirty-four feet in height from lowest interior grade nor thirty feet in height from lowest exterior grade and further provided that no structure other than a building shall exceed thirty feet in height. " 2 . Article 7, Section 38, subdivision 1 , is amended by adding a new sentence at the end of the last paragraph reading as follows: "If the Planning Board finds that the particular use, nature, and location of the proposed project, utilizing the criteria set forth elsewhere in this Ordinance, requires that parking be to the rear of the principal building on the site, parking shall be so located. " Section 2 . The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof . Section 3 . This law shall take effect upon its publication as required by law, except that the amendments made by this local law shall not apply to any construction pursuant to a site plan approved prior to the adoption of this local law provided that such construction is ( a) in compliance with the ordinance as in effect prior to the effective date of this local law, and ( b ) is substantially commenced within 18 months of the Town Board Minutes 13 January 13, 1992 adoption of this local law and diligently prosecuted to conclusion . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #2 - 1992 was thereupon declared duly adopted. PUBLIC HEARING - 7: 45 P.M. A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ENGINEER IN CERTAIN CIRCUMSTANCES Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance relating to permits for distributing fill and authorizing issuance of permits by the Town Engineer in certain circumstances having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. David Auble of 380 Coddington Road, Ithaca, requested clarification of the procedure used at Ithaca College recently. He stated that there is a lot of fill and construction taking place there and asked if there was a fill permit required. Attorney Barney explained that if there is an application for a site plan for a project and the site plan is approved, that process includes a review of what change is to be made in the topography, what fill will be brought in or removed, that site plan review includes an approval of a fill permit. That is the case with the Ithaca College project at this time . After further discussion, the Supervisor closed the public hearing. DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE RESOLUTION #17 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance amending the Town of Ithaca Zoning Ordinance relating to permits for distributing fill and authorizing issuance of permits by the Town Engineer in certain circumstances . CARRIED UNANIMOUSLY LOCAL LAW #3 - 1992 RESOLUTION #18 Town Board Minutes 14 January 13, 1992 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 1992 AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ENGINEER IN CERTAIN CIRCUMSTANCES . Be it enacted by the Town Board of the Town of Ithaca as follows: The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and thereafter further amended, is further amended as follows : Section 1 : Article XIII , Section 70, is hereby amended to read as follows : "SECTION 70. Extraction or Deposit of Fill and Related Products. 1 . In any district no more than 50 cubic yards of fill , sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as "fill" ) shall be deposited or removed or offered for sale in any one year, except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a water course, without the special approval of the Board of Appeals . 2 . In applying for such approval, the applicant shall submit to the Board a plan of the proposed project, showing property lines , and adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be deposited or removed, erosion control during and after construction, projected duration of project, proposed regrading and replanting of the property upon completion of the operation, and such other items as the Board or Town Engineer may require to adequately review the proposed project. 3 . The Board shall not act until the Town Engineer has reviewed such plan and advised the Board that in his professional opinion the plan adequately protects the property and surrounding properties from significant adverse consequences of such deposit or removal, including, when completed, adverse drainage, erosion, visual or other adverse impacts. Before issuing a special approval, the Board shall make the same findings as are required for the Engineer' s opinion. In considering the proposed use the Board shall take into account the distance of the operation from neighboring property and public ways, the possible detriment of such use to the future development of the land in question, and significant nuisance or detriment of the operation to neighboring landowners and to the community as a whole . 4 . The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include a time limit upon Town Board Minutes 15 January 13 , 1992 operations, standards for performance , and the requirement that a performance frond be posted to insure compliance with the requirements of this ordinance and with any further reasonable conditions imposed by the Board . 5 , In the event that the proposed movement of material involves the deposit or extraction of more than 2 , 500 cubic yards , the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes its final decision. In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines , before issuing the approval that the proposed plan ( a ) Provides for appropriate erosion control during and after construction; ( b ) Protects against adverse drainage on the subject property and surrounding properties; { c ) Provides for appropriate revegetation when necessary; ( d ) Provides for appropriate slope controis ; and ( e ) Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill . The Town Engineer may impose such conditions upon the applicant as the Engineer deems necessary to protect the general welfare of the community, which may include a reasonable time limit upon operations , reasonable standards for performance , and the requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this Ordinance and with any further reasonable conditions imposed by the Engineer . 7 . The following are excepted from the requirements set forth above : ( a ) Any normal building operation in connection with a legal building permit, such as excavation , filling , or grading, shall be excepted from the provisions of this Section provided , however, that this exception shall apply only where the total amount of material moved from one place to another place Town Board Minutes 145 January 13 , 1992 on the construction site is less than 700 cubic yards and where the total amount of material removed from the construction site to an off--site location { or brought to the construction site from an off-site location) is less than 500 cubic yards . For the purpose of this section a "construction site" consists of the larger of the following areas ; ( i ) an area of 30 ,4Z @0 square feet in which the proposed construction is to be located ; or ( ii ) the area contained within the footprint of the proposed structure plus an additional 50 feet adjacent to the perimeter of the proposed structure . ( b ) Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department . ( c ) Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town authority ( e . g. Town Board , Town Planning Hoard or Zoning Board of Appeals ) provided that such construction occurs within three gears of the final approval of such authority or by December 31 , 1992, whichever is later . Notwithstanding the foregoing, as to any site plan approvals granted on and after January 1 , 1992 , if fill is being removed to or from another site in the mown, and if the plans for the removal from , or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such review and specifically included the proposed disposition of such fill in its approval , no further approval under this section 70 shall be required provided the construction occurs within the time limits set forth above . if the disposition of fill was not specifically approved by the applicable Board in connection with any such post December 31 , 1991 approvals , this exception shall not apply and the applicant shall be required to obtain special approval for the deposit or removal of fill relative to such other site in accordance with the terms of this Section 70 . (d ) Removal , movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more Town Board Minutes 17 January 13, 1992 bona fide agricultural uses. ( e ) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided, however, that ( i ) plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill ( including, when removal from or deposit on to an off-site location is contemplated, adequate plans of such off-site location showing the required information relative to the disposition or removal of fill to or from same ) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval; or ( ii ) the Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is less than 500 cubic yards . ( f ) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved on or before January 1 , 1992, in accordance with the requirements then in effect of the Town of Ithaca Planning Board provided such removal or fill occurs no more than three years after the granting of final subdivision approval by the Town Planning Board or before December 31 , 199.2 ,. w.hichever date is later. " Section 2 : If any provision of this local law is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3: This Local Law shall take effect upon its publication as required by law. Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #3 - 1992 was thereupon declared duly adopted. PUBLIC HEARING - 8:00 P.M. TO CONSIDER A LOCAL LAW REPEALING LOCAL LAW #2 OF THE YEAR 1970 ESTABLISHING REVISED ETHICS RULES APPLICABLE TO TOWN OF ITHACA OFFICERS AND EMPLOYEES Proof of posting and publication of a notice of public hearing to consider a local law repealing Local Law #2 of the year 1970 establishing revised ethics rules applicable to Town of Ithaca Officers and Employees having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. Town Board Minutes 18 January 13, 1992 Attorney Barney pointed out the various changes which were discussed at the December 31st meeting and reviewed the two proposals presented . Councilwoman Leary stated that an Ethics Law is needed by the Town of Ithaca although the choice is whether the disclosure portion be adopted. She stated that the law requires us to adopt their disclosure section or nothing at all . Councilman Niklas asked if there is another way of rephrasing what our objective so that it avoids the issue of whether or not it is disclosable . Bruce Brittain of 135 Warren Road, Ithaca, NY, spoke with regard to the legislation before the Town Board. He stated that he has several criticisms of the proposed law. Section 2 , deals with employees and defines them as "department heads" and he is very concerned that it does not also include staff . He has been around Town Hall enough to know that a lot of policy gets made, unofficially within departments. He is very sorry to see that this proposed legislation specifically excludes some of the staff which he feels should be included in the disclosure portion . Section 6 is another potential problem. He feels that it may deactivate community leaders. What is intended to happen is those people within the community who are good spokesmen, for whatever cause, will not be allowed to come before the board, to represent that cause , not only now but for the next four years. Intense discussion followed regarding the proposed legislation. It was the general consensus of the Town Board that since extensive discussion of the legislation had taken place at numerous other Town Board Meetings, the Town Board should act on the proposed legislation. Supervisor Raffensperger pointed out the sole difference between LL#1 or LL#2 in the two versions and asked for a motion. RESOLUTION #19 Motion by: Councilwoman Valentino Seconded by: Councilman Liguori LOCAL LAW #4 - 1992 TOWN OF ITHACA 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 Be it enacted by the Town Board of the Town of Ithaca as follows: Local law no. 2 of the year 1970 is hereby repealed and the following enacted in its stead: Section 1 . Purpose . ( a) The purpose of this law is to establish minimum standards of conduct to help ensure that the business of government is free from improper influence that may result in opportunities for private gain . The Town of Ithaca recognizes that public officials must exercise their official duties solely in the public interest, and must avoid even the appearance of conflict of Town Board Minutes 19 January 13, 1992 interest. The standards and guidelines set forth in this law are intended to minimize unwarranted suspicion and to avoid potential conflicts of interest before they arise . Notwithstanding any specific omissions in this law, it is the responsibility of public officials to come forth with information regarding personal involvement in matters before the Town and to avoid associations or actions that may interfere with the proper discharge of their public duties . (b) The rules of ethical conduct of this local law shall not conflict with but shall be in addition to those of Chapters 810-813 of the General Municipal Law and any other general or specific law relating to ethical conduct and interest in contracts 76 of municipal officers and employees. However, to the extent the provisions of this local law conflict with the provisions of Chapters 810-813 of the General Municipal Law regarding the filing of disclosure statements and the materials to be disclosed, it is intended that the provisions of this Local Law shall supersede the analogous provisions of the General Municipal Law. Section 2 . Applicability. ( a) Unless otherwise specified, this law shall apply to all elected and appointed officials ( hereinafter referred to as "officials" ) and department heads ( "employees" ) of the Town of Ithaca ( "Town" ) , including the Town Board ( specifically including the Supervisor) , Planning Board, Zoning Board of Appeals , advisory boards, and any committees and subcommittees thereof; the Town Clerk/Collector of Taxes , Highway Superintendent, Town Engineer, Town Planner, Zoning Officer/Building Inspector, and Town Attorney (whether paid as a town employee or retained under separate contract or agreement ) . (b) For purposes of this law, "family" shall include an official ' s or employee ' s spouse or equivalent member of a household sharing living expenses , and any of the following; if residing with the official or employee . child, step-child, brother, sister, parent, dependent. Section 3 . Annual disclosure . ( a) Applicability: With the exception of members of citizens ' advisory boards, this section shall apply to all Town officials and employees as defined in section 2 . Said individuals shall file with the Town Clerk a signed disclosure statement: ( i ) within 120 days of the effective date of this law; ( ii ) by April 30 of each year thereafter; and ( iii ) within 30 days of a significant change in the information already on file, specifically including, but not limited to, the acquisition of any real property ( as described below) . ( b) Such disclosure statements shall be kept on file as public record by the Town Clerk. Public notice of the existence and availability of such file shall be made annually: ( i ) by legal notice in the newspaper of record; ( ii ) by announcement by the Town Supervisor at the May Town Board meeting; ( iii ) by notice in the first Town newsletter following the April 30 filing date ; ( iv) by posting of notice conspicuously in Town Hall . (c ) Matters to be disclosed shall include holdings or associations with any or all of the following within the 12 month period up to and including the time of filing: ( i ) the location of any real property within the Town of Ithaca and outside the Town contiguous to its immediate boundaries, in which the official or employee or his or her family, has whole or part ownership or any other significant financial interest ( for this purpose , a "significant financial interest" shall mean an ownership interest of more than 10% or a security interest in the Town Board Minutes 20 January 13, 1992 property ( such as a mortgagee ) of more than $100,000 ) ; ( ii ) 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 the official or employee or family member is a member, officer, or employee or has a significant proprietary interest ( for this purpose a "significant proprietary interest" is an ownership interest of more than 10% ) , and a description of the nature ( position, duties ) of their affiliation; ( iii ) the name of any corporation, whether for-profit or non-for-profit,. ( locatedt in the State of New York or which does business in the State of New York) of which the official or employee or family member is an officer, director, or employee, or owns or controls, individually or in combination, more than ten percent of the outstanding stock, and a description of the nature (position, duties ) of their affiliation; ( iv) the nature of any self employment from which the official or employee or a family member has derived gross income of more than $5000 during the previous 12 months. (d ) If an official or employee practices law, is licensed by the NYS Department of State as a real estate broker or agent, practices a profession licensed by the NYS Department of Education, or is involved in a corporation or business described in subsection (c ) above , the disclosure statement shall include a general description of the principal subject matters undertaken in the stated practice, including the nature of the clients ' businesses. This disclosure shall not include the names of individual clients. (e ) Interest in any contract held with the Town. Section 4 . Gifts. ( a) Officials, employees , their spouse/equivalents, or any person or entity acting on their behalf may not solicit or accept monetary gifts or loans of any amount or promise thereof, or any gift, including services, entertainment, thing, or promise thereof, having a value of $75 or more , from any person or agent of a person, corporation, partnership, unincorporated association or other entity who the official or employee knows is considering or has had, within the previous 12 months , any business dealing with the Town of Ithaca that involves any discretionary act by the official or employee . (b) Refreshments or meals that are provided as part of an informational presentation in a group setting or as part of a reception shall not be considered gifts under this section. Section 5 . Confidentiality. Except as required by law, officials and employees may not disclose confidential information acquired during the course of their official duties or use such information to further their personal interests or the personal interest of their families ' . Section 6 . Conflict of interest prohibited. ( a) Other than acting solely on behalf of himself/herself, no official or employee may act as a representative before the Town for any entity, including boards and commissions on which the official or employee has represented the Town , that has a business dealing, including requests for rezoning, variances, legislation, bids on contracts, or any other matter before the Town during his or her term of office or employment with the Town . In cases in which an official or employee represents himself or herself on a matter before the Town, he or she will refrain from voting or otherwise taking discretionary action on the matter, as provided in Section 7 of this law. ( b) For a period of four years after termination of his Town Board Minutes 21 January 13, 1992 or her term of office or employment with the Town, other than acting solely on behalf of himself/herself, no former official or employee may appear before the Town, including boards and commissions on which the official or employee has represented the Town, in relation to any matter upon which he or she took any discretionary action during his or her term of office or employment with the Town, unless requested to provide information by the Town. ( c ) A Town official shall exercise due diligence in avoiding conflict of interest when voting on matters brought before the Town by entities with whom the official is employed as a non-officer. Any action that could reasonably be interpreted as potentially benefitting the official ' s career advancement, salary, or standing within an organization ( e . g . , a vote on a matter that falls within the official ' s direct purview as an employee of the entity appearing before the Town) shall be deemed a conflict of interest and subject to the provisions of Section 7 of this law. Section 7 . Recusal from voting or other discretionary act. ( a) Whenever an official or employee is called upon to vote on, advise on, or otherwise take discretionary action on a matter before the Town, and either the performance or non- performance of such action would provide a pecuniary or material benefit to : him/herself, his/her family; persons, businesses, or other entities who have given campaign contributions of more than $1000 in the aggregate during the official ' s last political election; business partners, or business, association, or other entity of which the official/employee is an owner, partner, officer, director, or significant shareholder as described in Section 3 of this law, the officer or employee shall immediately declare the nature of the conflict of interest, and shall refrain from taking any action or inaction that would affect the outcome of the matter. Such declaration shall be made a part of the public record concerning the matter. (b) Interpretation . All instances involving the appropriateness of abstention from discussion and voting by a member of a board by virtue of conflict of interest may be referred to the Ethics Board, who will render an opinion on the existence of conflict of interest within 30 days. Such interpretive opinion may be requested by any member of the board . (c ) Whenever any board member becomes aware of a possible conflict of interest involving such board member or any other board member, he or she may raise the issue at the meeting and request the matter be referred to the Ethics Board hereafter created . Section S . Land speculation. Large-scale land speculation by Town officials who are members of the Town Board, Planning Board, or Zoning Board of Appeals may be perceived as an abuse of the privilege of office . For example it is recommended that during his or her term of office and for a period of 12 months thereafter, such official, his or her spouse/equivalent, and his or her business or other entity of which the official or spouse/equivalent is an owner, partner, officer, director, or holder of controlling interest, shall not acquire real property, or any financial or development interest in real property, of more than a total of 25 acres zoned residential, or more than 5 acres zoned commercial anywhere in the Town of Ithaca or its contiguous boundaries, for purposes other than the official ' s primary residence . Land purchased in an agricultural district for agricultural use is excluded from this recommendation. A failure to comply with this section shall not be a violation of this local law. ( b) During his or her term of office , no member of the Town Board Minutes 22 January 13, 1992 Town Board, Planning Board, or Zoning Board of Appeals or his or her spouse/equivalent shall enter into a business relationship with any other member of said boards for the purpose of buying, selling, developing, or holding real property in the Town of Ithaca or outside the Town contiguous to its immediate boundaries . Section 9 . Inducement_ of violations. Any person who intentionally induces any official or employee to take any action or refrain from taking any action, which action or inaction violates any provision of this law, shall be guilty of a class A misdemeanor, and shall be barred from doing business with the Town of Tthaca for a period of five years . Section 10. Claims against the Town . Nothing herein shall be deemed to bar the timely filing by a present or former official or employee of any claim, demand, or suit against the Town on behalf of him/herself or his/her family arising out of any personal injury or property damage or for any lawful benefit, or from receiving a municipal service or benefit that is generally available to the public. Section 11 . Establishment of Local Ethics Board. ( a) Pursuant to the provisions of Chapter 810-813 of the General Municipal Law as amended, the Town of Ithaca does hereby establish a local Ethics Board of five persons to review the annual disclosures and conflict of interest disclosures and cause copies of both to be filed with the Temporary State Commission on Local Government Ethics; to review annually this Code of Ethics and recommend to the Town Board any changes which it deems appropriate; to render advisory opinions on any matter of ethical conduct of Town officials and employees , on its own initiative or at the written request of any Town Board, official , employee , or private citizen . The Ethics Board shall have the power, to conduct investigations, refer cases to the Town Board for consideration of whether to commence criminal prosecution or to commence suit in the Supreme Court of the State of New York on behalf of the Town for injunctive relief to enjoin a violation or compel compliance with this law. The Ethics Board may establish rules for its own operations, but whether included or not, the following procedures shall pertain to its activities : ( i ) The Ethics Board shall state in writing the disposition of every request for opinion and every investigation it conducts, and the reasons for the disposition. All such statements and written requests shall be kept on file as public record. ( ii ) Any changes in this Local Law that are recommended by the Ethics Board shall, to the extent reasonably possible consistent with the other responsibilities of the Town Board be discussed and acted upon by the Town Board in open session at a regular meeting within , two months of the issuance of the recommendations . Any amendments to this law must be filed within 30 days with the Temporary State Commission on Local Government Ethics. ( iii ) The Town Board may make available to the Ethics Board such meeting space, clerical support, and expense reimbursement as the Town Board, in its discretion and consistent with budgetary constraints, deems advisable . ( iv) The Ethics Board may not conduct investigations of itself or any of its members . Complaints against any member of the Ethics Board shall be made to the Temporary State Commission on Local Town Board Minutes 23 January 13, 1992 Government Ethics. (b) Appointment and removal . ( i ) Members of the Ethics Board shall be appointed by the Town Board of the Town of Ithaca and may be nominated by any member of the public. ( ii ) Ethics Board members may be removed by the Town Board for reasons of gross misconduct, substantial neglect of duty, or inability to perform the duties of office, or upon recommendation by the Temporary State Commission on Local Government Ethics . (c ) Term of office . The term of office of Ethics Board members shall be five years, except that for the first five appointees, terms shall expire on December 31 of the year in which the Board was created, and of the first, second, third, and fourth year thereafter, respectively. No member shall serve more than two consecutive terms. ( d ) Qualifications . ( i ) Members of the Ethics Board shall be chosen from among Tompkins County residents . ( ii ) No Ethics Board member shall hold office in any political party. ( iii ) No more than two Ethics Board members may be from the same political party. ( iv) From the period of 12 months prior to appointment throughout his or her term of office , no Ethics Board member or member of his or her family shall hold elected or any other appointed office or employment with the Town of Ithaca, except as a member of a citizens ' advisory board. (v) From the period of 12 months prior to appointment throughout his or her term of office , no Ethics Board member shall be a party to any proceeding before the Town of Ithaca or have business dealings with the Town of Ithaca other than normal , routine , ministerial requests such as applications for building permits , certificates of occupancy, marriage licenses, or other similar ministerial matters . ( vi ) Members of the Ethics Board shall be subject to the provisions of this law. Section 12 . Distribution of Code of Ethics . ( a) Within ten days of this law' s enactment, the Town Clerk shall post a copy of this law conspicuously and permanently in the Town Hall in a manner allowing public perusal of its provisions. Copies of the law shall also be made available by the Town Clerk to members of the public upon request under provisions of the Freedom of Information Law. (b) Within 30 days of this law' s enactment, the Town Clerk shall distribute a copy of this law to all officials and employees identified in Sections 2 and 3. Each official and employee elected or appointed thereafter shall be given a copy of this law before entering upon the duties of his or her office . ( c ) The Town Clerk shall distribute copies of this law to the members of the Ethics Board upon their taking office . Town Board Minutes 24 January 13, 1992 Section 13. Penalties and violations . Violation of this law will be a Class A misdemeanor subject to the penalties provided in Section 813 of the General Municipal Law, including forfeiture of office or employment and liability for all damages and fines. Penalties include a civil penalty not to exceed $10,000 for knowingly and willfully failing to file a financial disclosure statement or for knowingly and willfully making a false statement with intent to deceive . Notwithstanding the foregoing, a person subject to this Local Law found for the first time to be in violation of its terms by reason of failing to file or make a required disclosure statement shall be subject to a maximum civil penalty of $500 or a maximum criminal fine of $500. Any such person found for the second time to be in violation of the terms of this local law by reason of failing to .file or make a required disclosure statement shall be subject to a maximum civil penalty of $1000 or a maximum criminal fine of not more than $1000. The third and any succeeding such violations shall be subject to the penalties set forth in the first sentence of this section. Section 15 . Invalidity of portion of the law. If any provision of this law is held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity and effectiveness of the remaining provisions of this law. Section 16 . Effective Date . This law shall take effect immediately after it has been filed with the New York State Temporary Commission on Local Government Ethics . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Nay Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #4 - 1992 was thereupon declared duly adopted. Supervisor Raffensperger noted that there are some requirements in the law for distribution to employees and Board Members and to fill out certain disclosure forms. PUBLIC HEARING-8: 30 P.H. TO CONSIDER AHENDING LOCAL LAW #1, 1983, (SAFETY ZONES IN EAST HILL PLAZA SHOPPING CENTER. ) Supervisor Raffensperger stated that this legislation is a modification of the fire safety zones at the East Hill Plaza Shopping Center, which has been discussed a number of times. Proof of posting and publication of a notice of public hearing to consider amending Local Law #1 , 1983, (Safety Zones in East Hill Plaza Shopping Center) , having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak, the Supervisor closed the public hearing. DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE Town Board Minutes 25 January 13, 1992 RESOLUTION #20 Motion by: Councilman Niklas Seconded by: Councilman Klein RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance amending Local Law #1 , 1983, (Safety Zones in East Hill Plaza Shopping Center) . CARRIED UNANIHOUSLY LOCAL LAW #5 - 1992 RESOLUTION #21 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb LOCAL LAW NO. 5 FOR THE YEAR 1992 A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NO . 1 FOR THE YEAR 1983 REVISING THE RESTRICTED AREAS IN THE EAST HILL PLAZA SHOPPING CENTER . Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1 . Town of Ithaca Local Law No. 1 of the year 1983 entitled "A Local Law SAFETY ZONES IN EAST HILL PLAZA SHOPPING CENTER" is amended by deleting the first sentence of paragraph 2 B and inserting instead the following: "Pursuant to the request of the owners and/or persons in charge of said shopping center and the fire chief of the fire department serving such area the Town Board of the Town of Ithaca designates the following specific portions of the safety zones as restricted areas : ( 1 ) On the south side of the building known generally as the East Hill Plaza a strip of land 20 feet wide immediately adjacent to the outside face of the outside wall of the building, excluding the promenade and running the entire length of the building from east to west. ( 2 ) On the north side of the building a strip of land 20 feet in width running parallel to and adjacent to the majority of the north face of the building running the entire length of the building from east to west plus a strip of land 30 feet in width in the approximate center of the building running southerly from said 20 foot strip to the building facade at the center of the central cutout of the building . ( 3 ) On the east side of the building a strip of land 20 feet in width and running parallel to and 30 feet distant from the easterly facade of the building connecting with the strip on the north side and on the south side of the building. ( 4 ) On the west side of the building a strip of land 20 feet in width running parallel to the west facade of the building and 30 feet distant therefrom connecting with the strips on the north facade and the south facade . All as more particularly shown on a map entitled "East Hill Plaza Striping and Signage Plan" dated 9/21/90 with notations from Assistant Fire Chief Brian Wilbur, a copy of which map is on file with the Building and Zoning Enforcement Officer of the Town of Ithaca. " Town Board Minutes 26 January 13, 1992 Section 2 . If any section, paragraph, clause , phrase or provision of this local law shall be judged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect the validity of this local law as a whole or any other part or provision thereof. Section 3 . This local law shall be effective immediately upon adoption by the Town Board of the Town of Ithaca and suitable posting of the restricted areas . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #5 - 1992 was thereupon declared duly adopted. PUBLIC HEARING - 8: 35 P.M. CONSIDER AMENDING THE TRAFFIC ORDINANCE TO ALLOW FOR TRAFFIC CONTROL DEVICES AT THE INTERSECTION AT THE INTERSECTION OF WHITETAIL DRIVE, TETON COURT AND SARANAC WAY AND ALSO THE INTERSECTION OF BIRCHWOOD DRIVE SOUTH AND PINEWOOD DRIVE AND READOPTING THE ENTIRE TRAFFIC ORDINANCE Supervisor Raffensperger requested that this public hearing be rescheduled for February 10, 1992 at 7 : 30 p. m. RESOLUTION #22 Motion by: Councilwoman Valentino Seconded by: Supervisor Raffensperger RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns the public hearing amending. the Traffic Ordinance to allow for traffic control devices at the intersection of Whitetail Drive , Teton Court and Saranac Flay and also the intersection of Birchwood Drive and readopting the entire Traffic Ordinance and be it further RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct an adjourned public hearing at 7 : 30 p. m. , on February 10, 1992 to consider amending the Traffic Ordinance and readopting the entire Traffic Ordinance of the Town of Ithaca. CARRIED UNANIMOUSLY PUBLIC HEARING - 8: 95 P.M. CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE REVISING PERMITTED USES IN INDUSTRIAL ZONES Proof of posting and publication of a notice of public hearing to consider a local law amending the Zoning Ordinance revising permitted uses in industrial zones having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak, the Supervisor closed the public hearing. Town Board Minutes 27 January 13, 1992 Supervisor Raffensperger noted that the Planning Board has recommended the adoption of the proposed legislation with the addition of a provision that would grandfather those proposals for which applications for site plan review have been received prior to the adoption of this local law. RESOLUTION #23 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance amending the Town of Ithaca Zoning Ordinance revising permitted uses in industrial zones . CARRIED UNANIMOUSLY LOCAL LAW #6 - 1992 RESOLUTION #24 Motion by: Councilman Niklas Seconded by: Councilman Liguori TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN AN INDUSTRIAL ZONE Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The Zoning Ordinance of the Town of Ithaca as re- adopted, amended, and revised, effective February 26 , 1968, and subsequently amended , be further amended as follows: 1 . Article X, Section 47 , the opening paragraph, is amended to read as follows : "SECTION 47 . Use Regulations . In Industrial Districts buildings and land may be used for any lawful purpose except as set forth below and except that all uses of land and buildings, and industrial processing that may be noxious or injurious by reason of the emission of dust, smoke, refuse matter, water carried waste, odor, gas, fumes, noise, vibration, or similar substances or conditions may be permitted only upon special approval of the Board of Appeals . Such industries as the following shall require such approval : . . . " 2 . Article X, Section 47 , is amended by adding at the end thereof the following: "The following uses are prohibited in an Industrial District: (a) Any dwelling unit. (b) Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. ( c ) Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. ( d ) Motel . ( e ) Hotel . " Section 2 . The amendment provided by this law shall not affect any application for site plan approval in an Industrial District pending at the (late of enactment of this local law provided, however, that any subsequent alterations of the site plan shall be governed by the provisions of this section as amended except to the extent that any prior existing use is a valid non- conforming use as defined and regulated in accordance with the terms of the Zoning Ordinance . Section 3. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4 . This law shall take effect immediately. Supervisor Raffensperger called for a roll call vote. Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #6 - 1992 was thereupon declared duly adopted. PUBLIC HEARING - 9:00 P.H. CONSIDER A LOCAL LAW ALTERING THE RESIDENCY REQUIREMENT FOR THE DEPUTY TOWN CLERK Proof of posting and publication of a notice of public hearing to consider a local law altering the residency requirement for the Deputy Town Clerk having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak, the Supervisor closed the public hearing. LOCAL LAW #7 - 1992 RESOLUTION #25 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 1992 A LOCAL LAW ALTERING THE RESIDENCY REQUIREMENTS FOR DEPUTY TOWN CLERKS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1 . A Deputy Town Clerk need not be a resident of the Town of Ithaca but shall he a resident of Tompkins County or an adjoining County. Section 2 . This local law is intended to supersede any inconsistent provisions of Section 3 of the Public Officers Law of the State of New York or of Section 23 of the Town Law. Section 3 . In the event any portion of this local law is declared invalid by final judgment of a court of competent jurisdiction such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect . Section 4 . This law shall take effect immediately. Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #7 - 1992 was thereupon declared duly adopted . PUBLIC HEARING - 9: 15 P.H. Proof of posting and publication of a notice of public hearing to consider a local law altering the residency requirement for the Receiver of Taxes having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak, the Supervisor closed the public hearing. LOCAL LAW #8 - 1992 RESOLUTION #26 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb TOWN OF ITHACA LOCAL LAW NO. 8 FOR THE YEAR 1992 A LOCAL LAW ALTERING THE RESIDENCY REQUIREMENT FOR THE RECEIVER OF TAXES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1 . The Receiver of Taxes need not be a resident of the Town of Ithaca but shall be a resident of Tompkins County or an adjoining County. Section 2 . This local law is intended to supersede any inconsistent provisions of Section 3 of the Public Officers Law of the State of New York or of Section 23 of the Town Law. Section 3 . In the event any portion of this local law is declared invalid by final judgment of a court of competent jurisdiction such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4 . This law shall take effect immediately. Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #8 - 1992 was thereupon declared duly adopted. Town Board Minutes 30 January 13, 1992 ADJOURNHENT The meeting was duly adjourned. R sect�um fitted, `Batt &ett F. Poole Depu Town Clerk