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HomeMy WebLinkAboutTB Minutes 1992-06-22 Town of Ithaca Special Town Board Meeting June 22 , 1992 At a special 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: Shirley A. Raffensperger, Supervisor John Whitcomb, Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman ALSO PRESENT: John Barney, Town Attorney Joan Lent Hamilton , Town Clerk Andrew Frost, Building Inspector/Zoning Officer Daniel Stalker, Town Engineer Scott McConnell , Highway Superintendent Floyd Forman, Town Planner Patricia Punger, Personnel Manager EXCUSED : Patricia Leary, Councilwoman Karl Niklas, Councilman David Klein, Councilman Pledge of Allegiance : Supervisor Raffensperger led the assemblage in the Pledge of Allegiance . Call to Order: Meeting called to order at 12: 15 p. m. Agenda Item 43 - Public Hearing "Local Law Amending the Town of Ithaca Zoning Ordinance Rezoning a Portion of Land Along King Road From Residence District R-30 to Residence District R- 15" The Supervisor opened the Public Hearing at 12 : 15 p. m. Notice of Posting and Publication was dully noted. There were no persons wishing to be heard during the Public Hearing . Public Hearing closed at 12 : 16 p . m. Supervisor Raffensperger explained the proposed Local Law had been discussed in detail at the June 8, 1992 Town Board Meeting. She further explained the Town Planning Board adopted a resolution on June 16, 1992 recommending that this Local Law be adopted . The proposed zone change as outlined in this Local Law is consistent with land uses in the surrounding areas and will improve the non- conforming status of a number of lots within the area to be rezoned which currently do not meet the lot requirements of the Residence District R-30. Certificate of Necessity has been signed and filed by the Supervisor. Town Board Mtg. Minutes 6/22/92 Pg. 2 Agenda Item #3 - Cont ' d Motion made by Councilwoman Valentino adopting the Local Law as outlined . Seconded by Councilman Liguori . No discussion followed. Roll Call Vote : Supervisor Raffensperger Aye Councilman Whitcomb Aye Councilman Liguori Aye Councilwoman Valentino Aye Carried unanimously. Agenda Item #4 - "Local Law Revising the Town of Ithaca Zoning Ordinance, Technical Amendments The Supervisor noted the properly advertised Public Hearing for this Local Law was held at the June 8, 1992 Town Board Meeting. Attorney Barney again briefly explained the proposed technical amendments and the cross references to the Board. Motion made by Supervisor Raffensperger to adopt said Local Law. Seconded by Councilman Whitcomb. Roll Call Vote : Supervisor Raffensperger Aye Councilman Whitcomb Aye Councilman Liguori Aye Councilwoman Valentino Aye Carried unanimously. Agenda Item #5 - Planning/Engineering Secretarial Position The Board reviewed a recommendation from the Personnel Committee to advertise for a new secretarial position in the Engineering and Planning Departments . Supervisor Raffensperger told the Board that Nancy Fuller will be retiring at year end, at that time Mary Bryant may be assuming many of her duties and responsibilities. Mrs . Bryant is presently becoming familiar with those new responsibilities. Filling the position now would afford a smooth transition of duties within these departments, and would allow the proper training of the individual by Mrs . Fuller and Mrs . Bryant. I-lotion made by Councilwoman Valentino authorizing the advertising and hiring of a secretary in the Planning and Engineering Departments. Seconded by Councilman Liguori . Carried unanimously. Town Board Mtg. Minutes 6122/92 Pg. 3 Agenda Item #6 - Ratification of Advertisement for Account/Clerk Position The Supervisor reminded the Board they had authorized a new position of Account/Clerk Typist to help the Personnel Manager and the Assistant Budget Officer after the reorganization of the positions upon the resignation of Linda Nobles . It is requested the Board ratify the advertisement of this position. The Personnel Committee has recommended the ratification of the description of the position. Motion made by Supervisor Raffensperger ratifying the advertisement to fill the Account/Clerk Typist position . Seconded by Councilman Whitcomb. Carried unanimously. Agenda Item #7 - Authorization to Appeal Zoning Board of Appeals Decision Attorney Barney explained that the Court has ruled against the Zoning Board of Appeals decision in the Frank Prudence versus the Town of Ithaca case . Mr. Barney told the Board he has spoken to the Board of Zoning Appeals about this case and that it is his recommendation the Town file and aggressively pursue a Notice of Appeal . He stated there were inconsistencies and contradictory findings in the Opinion of the Court. At the end of the Opinion, reference is made that the decision of the Zoning Board of Appeals was not based on substantial evidence in the record. Mr. Barney believes this to be contrary to the facts . Mr. Barney explained the Zoning Board of Appeals also believes this appeal should be filed. Motion made by Councilwoman Valentino authorizing the Town Attorney file a Notice of Appeal on behalf of the Town of Ithaca Zoning Board of Appeals in the matter of Frank Prudence versus the Town of Ithaca. Seconded by Councilman Whitcomb . Carried unanimously. Agenda Item #8 - Sewer Charges, Policy Supervisor Raffensperger told the Board there have been some complaints by residents who have been charged a sewer charge based upon water consumption to fill their pools in the summer. Since the Town is charged for sewer use based on water consumption, to remove these charges for pool fillings would mean charges based on consumption would then be distributed to all residents within the district. Town Board Htg . Minutes 6/22/92 Pg. 4 Agenda Item #8 - Cont ' d The Board discussed the charges and agreed it would be unfair to other residents who do not have pools to not charge the sewer charges since it is determined by consumption . No further action concerning policy was taken at this time . Agenda Item #9 - Executive Session Motion made by Supervisor Raffensperger to go into executive session to discuss personnel matters. Seconded by Councilman Frank Liguori . Carried unanimously. Open Session Motion made by Councilwoman Valentino to resume open session . Seconded by Councilman John Whitcomb. Carried unanimously. Agenda Item #9 and #10 Home Rule message As a result of the discussion in the Executive Session a motion was made by Councilman Liguori , seconded by Councilwoman Valentino to amend Resolution No. 61 of 2/10/92 concerning the Retirement Fund Reimbursement for Three Town Employees to read as per the attached . Carried unanimously. Agenda Item #11 - Persons To Be Heard No persons came forward to be heard. Agenda Item #12 - Adjournment As there was no further business to come before the Town Board, motion made by Councilmen Liguori to adjourn . Seconded by Councilman Whitcomb. Carried unanimously. Next regular meeting of the Town Board, July 13, 1992 , 5: 30 p . m. Public Hearing - 7 : 00 p. m. - "Local Law to Establish and Change Fees Collected by the Town Clerk" . Public Hearing - 7 : 15 p. m. - "Amending Local Law No. 1 of 1984" . Public Hearing - 7 : 30 p. m . - "Amending Local Law No. 1 of 1984" . Respepctf���ly� submitted, Coan�L nt Hamilton Town Clerk Town Board Meeting 6/22/92 Agenda Item No . 3 Local Law Amending Zoning Ordinance Residence Districts Resolution No . 157 WHEREAS, the properly advertised Public Hearing has been held to consider the adoption of a "Local Law Amending the Town of Ithaca Zoning Ordinance Rezoning a Portion of Land Along King Road From Residence District R-30 to Residence District R-15" ; and WHEREAS , the proposed amendments would rezone certain lands south of East King Road approximately 1 , 000 feet west of Ridgecrest Road from Residence District R-30 to Residence R-15 , affecting approximately 17 . 5 acres of land; and WHEREAS , the proposed change of zone from Residence District R-30 to Residence District R-15 , as shown on a map entitled "Proposed Zone Change, R-30 to R-15, is consistent with land uses in the surrounding area and will improve the non-conforming status of a number of lots within the area to be rezoned which currently do not meet the lot requirements of the Residence District R-30; and WHEREAS , the Town of Ithaca Planning Board recommends the Town Board approve and adopt said Local Law; now therefore be it RESOLVED , that the Town Board does hereby approve and adopt said "Local Law Amending the Town of Ithaca Zoning Ordinance Rezoning a Portion of Land Along King Road From Residence District R-30 to Residence District R-15" ; and be it further RESOLVED, said Local Law shall take effect upon its publication as required by law. MOVED : Councilwoman Catherine Valentino Roll Call Vote Supervisor Raffensperger Aye SECONDED : Councilman Frank Liguori Councilman Whitcomb Aye Councilman Liguori Aye DATED: June 22, 1992 Councilwoman Valentino Aye Carried Unanimously Joan Lent Hamilton, Town Clerk i Town Board Meeting 6/22/92 Agenda Item No . 4 Local Law Revising Zoning Ordinance , Technical Amendments Resolution No . 158 WHEREAS, the properly advertised Public Hearing has been held to consider the adoption of a "Local Law Amending the Town of Ithaca Zoning Ordinance To Make Technical Amendments to Clarify Cross-References and to Comply with State Law Time Limits" ; and WHEREAS, the Town Board and the Town Attorney have reviewed and discussed said Local Law; now therefore be it RESOLVED, the Town of Ithaca Town Board does hereby approve and adopt a "Local Law Amending the Town of Ithaca Zoning Ordinance To Make Technical Amendments to Clarify Cross-References and Comply with State Law Time Limits" ; and be it further RESOLVED, said Local Law shall take effect upon its publication as required by late. MOVED : Supervisor Shirley Raffensperger Roll Call Vote SECONDED: Councilman John Whitcomb Supervisor Raffensperger Aye Councilman Whitcomb Aye DATED: June 22 , 1992 Councilwoman Valentino Aye Councilman Liguori Aye Carried Unanimously Joan Lent Hamilton, Town Clerk Town Board Meeting 6/22/92 Agenda Item No . 5 Planning/Engineering Secretarial Position Resolution No . 159 WHEREAS, the Planning and Engineering Departments have shown a need for additional clerical support, and WHEREAS, the planned retirement of Nancy Fuller necessitates the training of new personnel to provide a smooth transition of duties and responsibilities to these departments and the Town Planning Board; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize the hiring and advertisement of a secretary in the Planning and Engineering Departments . MOVED : Councilwoman Catherine Valentino SECONDED : Councilman Liguori Carried Unanimously DATED : June 22 , 1992 Qaaas.,lalhl fYvk'A Joan Lent Hamilton, Town Clerk Town Board Meeting 6/22/92 Agenda Item No . 6 Town Account/Clerk Typist Position Resolution No. 1.60 WHEREAS, the re-organization of the Accounting and Personnel Departments has left a vacancy; and WHEREAS, the Personnel Committee has reviewed the job description and recommended advertisement to fill this position; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the advertisement to fill the Account/Clerk Typist position . MOVED : Supervisor Shirley Raffensperger SECONDED: Councilman John Whitcomb DATED : June 22, 1992 Carried Unanimously Joan Lent Hamilton, Town Clerk Town Board Meeting 6/22/92 Agenda Item No . 7 Appeal, Zoning Board of Appeals Decision Resolution No. 161 WHEREAS, the Court of the State of New York has ruled against the Zoning Board of Appeals in the Frank Prudence versus the Town of Ithaca Zoning Board of Appeals matter; and WHEREAS , the Town Attorney, John Barney has recommended that the Town of Ithaca file and aggressively pursue a Notice of Appeal regarding this matter because he believes there were inconsistencies and contradictory findings in the Opinion of the Court, and that reference is made that the decision of the Zoning Board of Appeals was not based on substantial evidence in the record; and WHEREAS , the Zoning Board of Appeals agrees with the Town Attorney that a Notice of Appeal should be filed; now therefore be it RESOLVED, the Town Board of the Town of Ithaca hereby authorizes and directs the Town Attorney to file and agressively pursue a Notice of Appeal in the Frank Prudence versus the Town of Ithaca Zoning Board of Appeals matter . MOVED : Councilwoman Catherine Valentino SECONDED: Councilman John Whitcomb Carried Unanimously DATED: June 22 , 1992 Jo4 Lent Hamilton, Town Clerk Town Board Meeting 6/22/92 Agenda Item No. 9 & 10 Amendment to Resolution #61 of 2/10/92 Retirement Fund Reimbursement for Three Town Employees Resolution No . 162 BE IT RESOLVED, the Town Board of the Town of Ithaca does hereby amend Resolution No. 61 adopted February 10, 1992 to read that the Town of Ithaca Supervisor be authorized to solicit special legislation from the New York State Legislature to correct the retirement tier status of Nancy Fuller, George Krebs, and Richard Schoch, with the understanding that the Town reimburse the New York State Retirement Fund for the employer' s share of the cost of correction, and be it further RESOLVED, such reimbursement of payment is understood to be approximately $14 ,000 for Mrs . Fuller, approximately $30,000 for Mr. Krebs, and no additional cost for Mr. Schoch , and be it further RESOLVED, the Town Board authorizes the Supervisor to sign the Home Rule Request for Mr. Schoch and Mr. Krebs and that they be forwarded to the New York. State Legislature, as the Home Rule Request has already been signed and submitted to the New York State Legislature for Mrs. Fuller. MOVED: Councilman Frank Liguori SECONDED : Councilwoman Catherine Valentino Carried Unanimously DATED : June 22 , 1992 Joan Lent Hamilton, Town Clerk FINAL a, TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Joan Lent Hamilton 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 ) (See attached) Location of sign board used for posting: Town Clerk's Office, Town Hall Date of Posting: June 9 , 1992 Date of Publication: June 12, 1992 I�ICtirru.C.�.- To# Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS } SS : TOWN OF ITHACA ) Sworn, to and subscribed before me this V day of 19 Pd-vr P blic AA B` F. POOLE NOTARY PUBLIC . STATEV NEW YORK # 4646 427 OF IT`S TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-174 TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town of Ithaca will hold a Public Hearing, Monday, June 22 , 1992 at 12 : 15 p. m. at the Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York to consider a "LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REZONING A PORTION OF LAND ALONG KING ROAD FROM RESIDENCE DISTRICT R-30 TO RESIDENCE -DISTRICT R-15 . PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all interested citizens will be afforded the opportunity to voice their approval or opposition of said Local Law. Joan Lent Hamilton Town Clerk June 9, 1992 cThe Ithaca Journal Thursday June 11. 1992 TOWN OF ITHACA NOTICE 'OF PUBLIC HEARING PLEASE TAKE NOTICE,s that the Town of Ithaca will hoed o Public Hoorin Adore day June 22, 1 2 at. 12:f 5p.m.at the Iihaco Town Hall, 126 East Seneca StroeP, Ithaca,New York to consider ".LOCAL LAW AIrtENDING i THE TOWN OF ITHACA' ZONING ORDINANCE RE., ZONING A PORTION OF LAND ALONG KING ROAD =ROM RESIDENCE DISTRICT R•30 TO RESIDENCE DIS- TRICT R.15. PLEASE TAKE FURTHER NOr TICE, at the aforementioned time and place all iniorosted citizens will be afforded the opportunity to voice their op: pravol or opposition of said Local low. Joan lent Hamilton Town Clerk Juno i i. 1997