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HomeMy WebLinkAboutTB Minutes 1993-02-08 TOWn Hoard Meeting 218!93 5 : 30 p . m. Agenda I . Call to Order 2 . Pledge of Allegiance j 3 . Report of Town Officials a . Town Supervisor L . Town Engineer c . Town Highway Superintendent d. Town Building Inspector/Zoning officer e . Town Planner f . Receiver of Takes 4 . Report of Town Committees 5 . Report of Tompkins County Board of Representatives 6 . PERSONS TO BE HEARD 7 - 6130 p . m . - Presentation of petition for sewer extension on West Hagen Road . S . 7 :00 p . m. , PUBLIC HEARING to consider a "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND FOR PURPOSES of CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS " . 9 . Consider SEAR related to a "LOCATE LAW ALOPTING AGRICULTURAL ASSESSMENTS OF AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL An VALOREM LEVIES FOR EIRE DISTRICTS " . 10. Consider adoption of a "LOCAL, LAW ADOPTING AGRICULTURAL ASSESSMENTS Or AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS " . 11 , Consider Association of Towns Resolutions . 12 . Consider 1993 Priorities Work/Plan. 13 . Consider appointment of Town of Ithaca, representative to the Joint Youth Commission, 14 . Consider appointment of Town of Ithaca representative to the Tompkins County youth Board . TB Mtg . Agenda Page . 2 2/8/93 15 . Appointment of Planning Board Representative to the Codes and Ordinances Committee . 16 . Consider approval of transfer of Dates Drive and certain utilities . 17 . Consider Town of Ithaca Plan for compliance with the Americans With Disabilities Act . 18. Consider Benefit Assessment refund . 19. Consider approval of January 11, 1993 Town Board Meeting Minutes . 20. Consider authorizing the appropriate officials to not relevy the charges for Water and Sewer accounts that were inadvertently omitted from the tax levy. 21 . Consider approval of Town Engineer' s report, and setting a Public Hearing for the establishment of the Coddington Road Lighting District. 22 . Consider cost sharing allocation of Kline Road Sewer. 23 . Consider approval for Town Building Inspector to attend Building Officials Educational Conference . 24 . Consider redesignation of the Conservation Advisory Council as the Town of Ithaca Conservation Board. 25 . Consider ratification of employment of Gail Kroll, Highway Department Secretary. 26 . Consider changes and additions to the Personnel Manual regarding Comp-Time, Drug and Alcohol, and a Driving Statement. 27 . Consider ratification of application to SARA for Archival Records Management Grant. 28. Consider authorization to advertise for Board vacancies. 29 . Discuss proposed Subdivision Regulation Charges including density requirements for cluster subdivisions. 30 . Set date for Spring Leaf Pick Up. 31 . Consider authorization of Sale of Equipment. TB Mtg . Agenda Page 3. 2/8/93 32 . Consider Quarterly Investment Report. 33. Consider 1992 Budget Amendments. 34 . Consider SCLIWC ( Bolton Pointy 1992 Year End Budget Transfers. 35 . Consider Annual Investment Report. 36 . Consider approval to change employee status and salary for Michelle Townley, Account Clerk Typist. 37 . Consider approval to change employee status and salary for Wilma Hornback, Planning Secretary. 38. Consider approval to change employee status and salary for Ken Maye, Highway Mechanic . 39 . TOWN OF ITHACA WARRANTS 40. BOLTON POINT WARRANTS 41 . EXECUTIVE SESSION 42 . Adjournment Town Board Meeting 2/8/93 Additional Agenda Items 1 . Consider setting Public Hearing for the Iacovelli request to rezone 237 Coddington Road . 2 . Consider approval of declaring IBM Displaywriter System as surplus property available for sale . I Town of Ithaca Town Board Meeting Minutes February 8 , 1993 At the regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town lull , 126 East Seneca Street, Ithaca , Few York there were present : PRESENT: Shirley A . Raffensperger, Supervisor John Whitcomb, Councilman Catherine Valentino , Councilwoman Marl Wiklas , Councilman Frank Liguori , Councilman Patricia Leary, Councilwoman David Elein, Councilman ALSO PRESENT: John Barney, Town ,attorney Joan Lent Hamilton, Town Clerk Daniel walker, P . E . , Towa Engineer Scott McConnell , Highway Superintendent Floyd Forman , Town Planner Sally Alario, Assistant Budget Officer Andrew Frost, Building/Zoning Officer Pat Swartout Kim Tesori Mary G . Call , Tompkins Co. Board of Reps . .john McRae Mark Morse E . Hollister Elsie McMillan Elsie Sheldrake Gregory Sheldrake Richard Baker Jamie Baker Christianne dean Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance . Call to Order : The Supervisor called the meeting to order at 5 : 32 p . m. Agenda Item No . 3 - Report of Town Officials a . Supervisor ' s Report - The Towel has received notice from NYS Department of Transportation of approval of several speed limit reductions . They have approved 25 mph in the school zone on warren Road, and 45 mph on Five Mile Drive between Route 13 and the City line . several no parking areas -have also been posted on Route 79 by the State ; those have elicited a number of phone calls asking for the reason for those actions and the mown Highway Superintendent is investigating the appropriateness of the size of the no-parking zones . T8 Htg. Ninlitas 2!8!93 Pg . 2 Agenda Item No. 3 - Cont' d February 5 , the Town received the County fourth quarter sales tart payment - the first quarter for the Town in 1993 , in the amount of 5365, 992. 88. This amount is more than for any quarter in 1992 but includes several one-time adjustments by the State . If those adjustments are factored out, the increase in revenues amounts to 2 . 6% over the comparably quarter in 1992 . The Supervisor has been a member of the Metropolitan Planning Organizations ' Interviewing Committee to recommend an Executive Director to the Policy Committee of the MPO . There were a number of excellent candidates , six of whom were interviewed. The first round of interviews was completed on February 8 . The Supervisor will keep the Soard up to date on the selection process . The Supervisor has delayed proceeding with the newsletter, originally planned to go out this week, until the Planning Board public meetings on the draft Comprehensive Flan are set so that the Town can give those meetings maximum publicity and provide information on the Comprehensive Plan . The Supervisor asked for agreement from the Board to place two advertisements in the Ithaca journal announcing vacancies on various hoards and committees . There is one Planning Board vacancy, for which there is one applicant, 3 Conservation Advisory Council vacancies , 1 Tompkins Community Hospital Board vacancy, and at least one on the Youth Commission . Any outer vacancies are being researched so that they can be advertised at the same time . One additional agenda item is to consider setting a public hearing regarding the Iocavelli. rezoning as recommended by the Planning Board . The circulation folder contained photos of the East Ithaca Recreationway provided by a resident of the area . The resident expresses] appreciation to the Board for providing the facility for town residents . c . Highway Superintendent ' s Report : Mr . McConnell reported on the written report of the Highway and Parks Departments, ( see attached) . d . Town Building InspectorlZoning Officer ' s Reports Mr . Frost reported on his written report , and apologized to the Board for not !Saving the report to them prior to the meeting. (see attached . ) e . 'Town Planner ' s Report : Mr. Forman reviewed his written report with the Board, ( see attached) . TB Mtg . Minutes 2}8133 Pg. 3 Agenda item No . 3 - Cont ' d f . Receiver of Takes Report : Ms . Lent Hamilton picovided totals of the amount of taxes collected in the month of January, ( see attached ) . The Receiver reported that as of January 29 her office had totally paid the Town its tart warrant. At present the Town is collecting the County takes . Tax collection has gone very well this year. Deposits of the checks received were made within one to 'two days . The Receiver thanked her Deputy, Betty Poole for all her help in making sure the process went smoothly. There were just a couple of problems including a great deal of complaints from the taxpayers about the bills themselves in the way that it is printed . The "]bottom" line is the second installment amount, many people paid that amount instead of the correct amount . The first irtstallment on the County warrant will be sent on February 9 . A monthly report will be made to the Town Board until tax collection season is over . The Supervisor congratulated its . Lent Hamiltork and Mrs . Poole as the Town of Ithaca has never so promptly met its tax warrant or deposited the checks so promptly to receive the maximum amount of interest. The Supervisor stated that all the Tax Collectors in the County discussed with the County the printing of the tar bills , Everyone is used to looking at it and paying the bottom line . Last year we were unable to effect any changes . It takes a considerable amount of time mailing incorrect, payments back and explaining them to the taxpayers. Mary Call told the Board she would bring this up to the County on her report. b. Town Engineer ' s Report, Mr . Walker explained his written report to the Hoard, ( see attached) . Agenda Item No . 4 - Report of Town Cornroittees Council Whitcomb reported that the Wetlands policy the CAC has been working on is close to being a written draft which will. be submitted to the Town Planner, Town Engineer, and the Torn Attorney. The CAC is also reviewing the Comprehensive Plan . The CAC will submit its comments to the Planning Board before they begin their deliberations . Councilwoman Valentina reported the Ethics Board had their first meeting and have taken their oaths with the exception of one member. TB Mtg . Minutes 2/8/93 Pg. 4 Agenda Item No. 4 - Cont ' d The Town Attorney reminded the Board that all town officials must have their annual ethic:s disclosure statements into the Ethics Board for review by April 15, 1993. Councilman Niklas reported that at the January Town Board meeting Mr. Crandall of Lockewood Interiors approached the Town Board requesting access to the building permits issued . Since then another commercial enterprise has approached the Town with a similar request. The Codes and Ordinances Committee was asked to looked into the matter and make a recommendation . Councilman Niklas thanked Joan Lent Hamilton for contacting her colleagues in neighboring towns to see what experiences other Towns have had regarding these requests. A very small number of the other Towns reported they have been approached by businesses for the same information. These towns did not report any problems with those requests however, one Town Clerk voiced her discomfort with releasing the information. Councilman Niklas reminded the Board at the January meeting there was a private individual who felt if the town released the information it would be an invasion of her privacy. The COC discussed the merits of releasing the information and the unanimous opinion of the COC was that the Town wants to make all the information available that is legally available to individuals . New York State law has a codicil which allows a municipality not to release information if that information is to be used for commercial activity. That option was discussed by the COC and they recommended that the Town of Ithaca permit itself that option under the law. Specifically when the information is to be used for commercial reasons the Town deny the request. Supervisor Raffensperger asked for comments on the COC ' s recommendation. Councilman Liguori asked if the recommendation was specific to the request for commercial enterprise? Councilman Niklas replied, yes this recommendation is when anyone is requesting any information under FOIL that solicits business the Town would deny the request. Information requested by an individual that would be used simply within the scope of that individual ' s use would not be denied . Attorney Barney pointed out that commercial enterprises can request information that is not intended for commercial purposes. The interpretation under the exception of the law were aimed at using the information to solicit business. T9 Mtg . Minutes 218!93 Pg . 5 Agenda Item No. 4 ° Cont ' d Supervisor Raffensperger Vointed out that the policy Councilman Ni.klas has explained has been and is the unwritten policy of the Town in the past, and therefore does not need any action from the Board unless there is a wish to change this policy. A consensus of the Board was to continue the policy that when information is requested under FOIL and the requester states the information will be used for commercial purposes the request can be denied. Councilman Liguori asked about the Forest Herne Bridge? A meeting is tentatively scheduled with the County on February 10, 1998 to discuss the ownership issue of the bridges . Mfr. McConnell reported that a meeting had been held concerning the options of the sidewalk or1 the bridge . Staff roet with County staff and the Forest Home representatives about some alternatives including cost estimates for those options . The option staff recommended would cost approximately S170Z including structural support for the walkway leaving the bridge as it is . This will be completed within a few weeks . The highway Superintendent offered town labor as the Towns share of this project . The County will pay for the materials . Hopefully the walkway will be opened within a month . The County received a report dated 1974 on the lower Forest Home Bridge which determined there should have been a Posting of a weight limit. since 1974 because of the deck. This may be one of the reasons that the deck deteriorated so quickly. At the meeting on February 10 the issue of posting the bridge will also be discussed. The Highway Superintendent recommended that it be left as it is until the bridge is rebuilt . The impact on the transportation if the bridge were posted at 5 or 8 ton around Forest Home would be phenomenal . The Posting of the bridge would be for the preservation of the deck. There has been failure with the majority of the deck. Diamond plate steel has been placed on the bridge to help slow the deterioration of the bridge deck . The supervisor stated as long as there is no safety problem the Town would not wish to post the bridge to preserve the deck that is Probably going to be replaced within a year or so . 14r . Walker reported there is a plan to regrade the lower portion of Judd Falls Road with new paving and curbing. The portions of that intersection are presently draining poorly. It has been decided to investigate and look at the complete Forest Home area from NacIntryre Place where it intersects Forest Home across the bridge , to Forest Home Drive from Pleasant Grove Road to Warren Road , to ,put together a plan of sidewalk improvements and road ,realignments that would address the safety issue of the Forest Dome members. TB Mtg . Minutes 2!8! 93 Pg. 6 Agenda Item No . 5 - Cont ' d Before any construction can be done on Judd Falls Road it must be determined that it fits into any possible improvements in other areas . Meetings have been held with representatives of Forest Hone Association for input . Councilman Klein said he was overjoyed to turn over the draft Comprehensive Flan to the Planning Board . He thanked members of the Comprehensive Manning Committee for their hard work over the years . fie suggested at the nest meeting some farm of appreciation by the Town Board would be welcomed . Agenda Item too , 5 - Tompkins County Board of Representatives Report Mrs. Call stated the representatives took to heart the supervisor' s gentle request about coming to the Town meetings . The representatives have agreed to divide the meetings so that someone can come to the meetings . Mr. Call had no report at present as she was unsure of the County issues that would he of interest to the Town. She asked for any questions about Counter issues . Councilman Klein asked for an update on the solid waste issue . Mrs . Call stated a Local Law was passed about the solid waste annual. fee . The rate will be hopefully passed at the nest County meeting. Recycling is extending to commercial properties and apartments. The amounts of recyclabl.es are growing. The County is looking in the future to out of County transfer if a situation arises with a guarantee for more than five years . 5ugervi8or Raffensperger mentioned that when the fee schedule is passed the Town will receive marry inquiries, if the Town had copies of the legislation it could reduce administration duties . Mrs . Call assured the Board the fee schedule would be advertised. Government buildings ,+ill not be assessed a fee for recycling at the present time . Agenda Item ado . & - Persons To Be Heard Doric Higgins, Hlllcrest Drive asked to address the Board concerning a tripartite agreement for the building of a biking/hiking trail from Treman Marina Park to Buttermilk Falls State Park. t4zzs . Higgins read a prepared statement to the Hoard, ( see attached ) . TB Mtg . minutes 2/8/93 Pg, 7 Agenda Item No. 6 - Cont ' d Mrs . Higgins pointed out that many of the new members of the City of Ithaca Common Council were convinced by Mr. Mazzella ' s assertions that the City had promised the Festival Lands to the State . These members wished to do the honest thing, it took action from veteran members to show that what Mr. Mazzella stated was not the case . A few years from now the Town of Ithaca may forget that there is no such thing in the agreement. Mrs. Higgins stated there is a letter from Mayor Shore in 1983 saying the City looks forward to seeing the plans for the bikeway. It is 1993 and no one has seen a master plan for the bikeway. Citizens to Save Our Parks are opposed Mr. Mazzella ' s plans to develop the past marina the five acres of beautiful undeveloped land accessible to the public on lake shore . This land is natural and should be preserved. If the City gives this land to Mr. Mazzella he can basically do what he wishes with it . This is a wetland and State Parks can not do anything to this area until they acquire the City land. Supervisor Raffensperger felt that it is counterproductive for one municipality to be seen as telling another municipality what to do with their land. Mrs. Raffensperger offered to write to Mr. Mazzella expressing concern that the trail agreement is in jeopardy. Councilman Whitcomb mentioned that the Town would be concerned with the development of the trail which is in jeopardy because the City and State can ' t seem to settle the agreement over the Festival Lands which apparently was not part of the original agreement. The consensus of the Board was to have the Supervisor write a letter to Mr. Mazzella with the contents she suggested. Agenda Item No. 11 - Association of Towns Resolutions The Supervisor asked the Board to offer guidance as to the votes to be cast on the Association of Towns Resolutions in New York City. The consensus of the Board concerning the resolutions were as follows: (Copy of proposed resolutions attached. ) Highway Funding, yes; Revenue Sharing, yes; Retirement System, yes; Landfill Closures, yes; Impact Fees, yes ; Special Franchise Assessments, yes; Town Budget Flexibility, yes; Delinquent Tax Notices, yes; Real Property Tax Receipts, yes . TB Mtg . Minutes 2/8/93 Pg. 8 Agenda Item No. 11 - Cont ' d Councilman Liguori asked the Receiver of Taxes if the town didn ' t send a receipt would the taxpayer have a copy to keep for there records. The Receiver of Taxes explained that the taxpayer returns the complete original tax bill with the payment to the Town, upon receipt of the bill the Town sends a paid receipt back to the taxpayer and retains two copies of the paid bill . One copy is for the Town and one copy is sent to the County. The County has told the Towns it can not make a bill that allows the taxpayer to keep a copy of the bill at the time they send in the payment because of the format and what has to be included on the tax bill . The school district has a bill in a self contained envelope , the taxpayer keeps a copy at the time they send in the payment and they send one copy to the school . The State requires the information that has to be included on the bill , they do no mandate the format used. Representative Call stated she would ask the County to look into designing a bill that would allow the taxpayer at the time of payment by mail to keep a copy of the bill . Intermunicipal Cooperation, yes; Going-Out-Of-Business Sales, yes; - Utility Tax Authority, yes; Real Property Transfer Tax, yes. Agenda Item No . 7 - Petition for Sewer Extension West Haven Road Daniel Walker, Town Engineer presented a preliminary engineering report on the proposed extension. A topographical map showed the area were north of Cliff Brook created an impediment to the construction of the sewer originally. The existing sewer is on the alignments of back lots on the road . There is approximately 1500 feet of sewer that would cross back lots to serve the eight homes on the road. This would connect into the sewer running directly east along Mecklenburg Road and provide service to the remaining six houses and tie into the existing City sewer over the City line on Hector Street. There are some considerations for capacity, the City system is old and there is not a real limitation of capacity on the upper portions of the hill because of the steep grades. The area of capacity concern would be where it crosses to the inlet. This extension would not create any problems with the City. In total the extension would be approximately 4000 feet at a cost of approximately $180 , 000, with administration, engineering, and bonding it would be approximately $215,000. This extension would provide service to the 14 existing residences plus 190 acres directly benefitted adding 72 benefit sewer units. T8 mtg . Minutes 2 !8!93 Pg . 9 Agrenda Item No . _7 - Cont' d !dark Morris , 161 West Haven Road told the Board that the residents of the road were very pleased when the sewer system began In 1987 . The residents from 155 on, were dismayed when it 1,78Ls not made available to them . The petition showed there were 14 residents from 155 West Haven Road to the Mecklenburg line wishing to have sewer. The petition asked for the age of the current systems which shoved the ages were between 2 months and 55 years old . Some residents had to replace their systems with sand filters which have a life expectancy of 10 to 15 years . The residents feel they will have to replace the systems . People may start to [lave sewer and septic problems which could cause health problems . The largest concern is that there may be growth on West Haven Road and having a sewer system would help insure the property values . Edward Hollister of West. Haven Road supported Mr. Korris in his plea from the residents . Supervisor Raffensper er stated that money would not be made on a project such as this , but it is the kind of infill project that has been discussed as a priority instead of extending water and sewer further out . There are a number of places within the Town which have been skipped in the system . The Town cannot fund $215 , 000 from operating costs, it is not an amount that can be handed alone . ]Ct is an infill project that can be included in a package of bonding to do many of these small projects , Councilman Niklas asked when the Town Board would see the bonding package? fir , Walker explained at the next Public Works Committee neeting a list of projects will be discussed and a list of px7i.orities made . The Public WoIcks Committee may direct. the Town Engineer to put the Package together for the March Town Board meetings . Supervisor ]Raffensperger suggested they look at the West Haven Roach sewer extension in relation to the other infill projects the Town has received petitions for over the last several years . The Town needs to look at a list of these projects and determine the priorities of each. The 'Town is presently looking at a technical analysis of the projects that would most improve the system the Town already has . Upon completion of that analysis the Town Board could ask the Planning Board to review it for planning implications . Councilman Whitcomb stated he would be reluctant to act on any Project until lie had seen a comprehensive list of priorities and asked to table this issue until the Public Works Committee comes forth with the priorities of water and sewer improvements in the Town . TB Mtg. Minutes 2/8/93 Pg. 10 Agenda Item No. 7 - Cont 'd Councilman Whitcomb asked if a few years ago when the Cerrache Subdivision was under consideration was there any discussions with the developer as to there assisting to providing the water and sewer to that area? Mr . Walker responded that the plans for that project were centered away from Mecklenburg Road, they would have connected at Hector Road along the lower portion near the City. Councilman Whitcomb noted that more than half the sewer units that would be benefitted by this project are currently undeveloped properties . Supervisor Raffensperger pointed out that if there were a proposal for development of those parcels the Town could talk to the developer about their participation in the cost sharing of the sewer. There is presently no proposal for the development of those parcels. Mr. Hollister commented that West Haven Road is very flat on the North End, the water pressure is very low ( 32 to 33 lbs. ) . Supervisor Raffensperger told Mr. Hollister the Board and the Town Engineer are aware that sometime in the future additional work is needed on the system because the flow system is weak. Mr. Morris asked for a status report on the street lights . Mr. Walker explained that NYSEG has all the information and is trying to have the project put on the work schedule . Attorney Barney suggested Mr. Morris have the residents contact NYSEG to ask about the lights . Agenda Item No. 12 - 1993 Priorities Work/Plan The Supervisor did not receive any comments from staff or the Town Board about revisions they wished to have made to the plan . Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving and adopting the 1993 Priorities Work/Plan. Carried unanimously. Agenda Item No. 13 & 14 - Representatives to Youth Commission and Youth Board The Supervisor asked to delete these items . At least one of these appointments will be advertised with the box advertisement. TB Mtg . Minutes 2/8/93 Pg. 11 Agenda Item No. 15 - Appointment Planning Board Representative to Codes and Ordinances Committee The Supervisor received a recommendation from the Planning Board for appointment to the COC . Supervisor Raffensperger appointed C . Herbert Finch as the Planning Board Representative to the COC based upon the recommendation of the Planning Board . Agenda Item No. 18 - Benefit Assessment Refund The Supervisor explained Mr. Pucik' s house was one that had been a two family house and is now by certification a single family house . Therefore , a refund is due for one unit of water and sewer. Motion made by Councilman Niklas authorizing a refund to Vladimar Pucik, 1026 Hanshaw Road one unit of water and one unit of sewer in the amount of $158. 00. Seconded by Councilwoman Valentino. Carried unanimously. Agenda Item No. 19 - Town Board Meeting Minutes, 1/ 11/93 Motion made by Councilman Whitcomb, seconded by Councilman Niklas approving and adopting the Town Board Meeting Minutes of 1/11/93 as written. Carried unanimously. Supervisor Raffensperger congratulated the Town Clerk on her timely presentation of these minutes due to the busy schedule in January while collecting taxes. Agenda Item No. 23 - Town Building Inspector Attendance at Seminar Motion made by Supervisor Raffensperger approving the attendance of Andrew Frost, Building Inspector/Zoning Enforcement Officer at a Four day conference entitled Finger Lakes Building Officials Conference from March 29 to April 1 , 1993 at a cost of $435. 00 plus mileage . Seconded by Councilman Niklas . Carried unanimously. Agenda Item No . 28 - Authorization to Advertise for Board Vacancies Supervisor Raffensperger asked for approval to run two box advertisement within the next few weeks for persons wishing to serve on Boards which have vacancies in the Town. Motion made by Councilman Niklas, seconded by Councilwoman Valentino. Carried unanimously. TB Htg . Minutes 2/8/93 Pg. 12 Agenda Item No. 8 - Public Hearing, "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICT" The Public Hearing was opened at 7 : 00 p. m. , the Town Clerk had proof of posting and publication. Elsie McMillen, 812 Elmira Road addressed the Board and understood that if the Local Law were adopted it would mean that the Town tax bill would be less for items allocated for fire protection, because fire protection would be limited to the portions of the property benefitted, not the majority of the property that is farmland. Mrs . McMillen stated she is was in favor of the Local Law. Attorney Barney explained that the lands that are used in agricultural are able to apply for an agricultural assessment. This assessment is normally for agricultural purposes as opposed to the normal assessment which is for the highest and best use . The agricultural assessment in the past has been limited to the straight County and Town tax bills, and not for fire protection taxes . About two years ago the State Legislature amended the Agriculture and Markets Law to allow that same agricultural assessment to be used for fire protection by local option . While there is some question as to whether the State Legislation covers Fire Protection Districts as opposed to Fire Districts the Town Board is considering the language "Fire Districts" as being a protection district and allowing the assessment to be used. Jamie Baker, Bostwick Road also informed the Board he was in favor of the Local Law. Public Hearing closed at 7 : 05 p . m. Agenda Item No. 9 - SEQR Related to "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS OF AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS" George Frantz, Assistant Planner told the Board there were no significant adverse impacts to the Town of Ithaca or the Town of Ithaca taxpayers by the adoption of this Local Law. An outline of savings to the agricultural taxpayers is attached to the SEQR. The savings to individual landowners is substantial compared to the costs. Supervisor Raffensperger pointed out that when an advantage is made to one group another group must make up the difference , the amount is small and would be spread across a very large tax base . TB Mtg. Minutes 2/8/93 P g. '13 Agenda Item No. 9 - Cont ' d Motion made by Councilman Niklas that the Town Board makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed Local Law. Seconded by Councilman Liguori . Carried unanimously. Agenda Item No. 10 - Enactment "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS OF AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS" Motion made by Councilman Whitcomb approving the enactment of "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS OF AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS- , seconded by Councilwoman Valentino . Roll call vote carried unanimously. Councilman Niklas mentioned that the Local Law is consistent with the Comprehensive Planning recommendations made before the Town Planning Board to encourage the use of agricultural land and their complete agricultural uses. Agenda Item No. 17 - Americans With Disabilities Act Mr. Frost explained the report has been submitted to comply with the Americans With Disabilities Act. The report does not include things such as grab bars in the bathroom as the Town has no choice but to install those . The report mainly addresses the handicap ramp including a cost analysis, ( see attached report ) . Motion made by Councilman Whitcomb, seconded by Councilman Liguori approving the written plan and the plan for installation of the handicap ramp for the Town Ithaca to be in compliance with the Americans With Disabilities Act. Seconded by Councilman Liguori . Councilman Whitcomb felt that the plan is a good one and the Town should complete the plan if this building will be kept long term. The deadline for compliance is January 26 , 1995 . But since the Town is considering other options, the Town should not proceed with the ramp until it is absolutely necessary. The Town is in compliance with devising a plan with the submittal of this plan. Councilman Klein, the plan suggests that security problems may occur with having the board room door unlocked and felt that in making a reasonable accommodation under the ADA that a door buzzer could be used. TB Htg. Minutes 2/8/93 Pg. 14 Agenda Item No. 17 - Cont ' d The ADA does recognize that existing buildings may have structural limitations and accepts modifications . An alternative of a wheelchair lift may be an option. Councilman Klein agreed that the Town must have a plan, but not implement it while other locations are being investigated. Mr. Frost called the Eastern Paralyzed Veterans Association and they frown upon anything that has a lock. A buzzer was considered at the bottom of the ramp that would open the door, but security would be a problem. The platform outside of the door does not meet the specifications because the door could not be opened by someone in a wheel chair. A consideration was also made to enlarge the opening to the vault door, security would again be jeopardized. Motion carried unanimously. Agenda Item No. 16 - Transfer of Dates Drive and Utilities The Supervisor explained this was discussed at the last meeting. The Board has received a resolution passed by Tompkins County concerning a tri-party agreement. Mr. Walker explained the tri-party agreement between Tompkins County, Tompkins Community Hospital Corporation, and the Town of Ithaca . The Town is currently utilizing the sewer. The water system comes from the Trumansburg Road Tank and provides crater to the Hospital and the Biggs Complex. There has been no major maintenance problems on the water system. The fire hydrants have all been repaired and are in good working order. This ties into the new water main on Indian Creek Road. Harris Dates Drive was built as a County/Town project, the Town is maintaining that with no problems. Councilman Liguori stated he felt the agreement was fair for all parties, it clarifies how things are going to be operated in the future . The agreement does not include the building sewer, or the water connection from the loop into the building. The Town has been waiting for the installation of individual meters on the buildings . These buildings all have their own meters presently and can be treated as a separate water service by the Town. TB Mtg. Minutes 2/8/93 Pg. 15 r Agenda Item No . 16 - Cont ' d Motion made by Councilman Liguori that the Tri-Party agreement be approved and that the Town Supervisor is hereby authorized to execute same with such modifications as may be recommended by the Town Attorney and approved by the Town Supervisor. Seconded by Councilman Niklas . Councilman Whitcomb felt he was unsure as to the gain the Town would receive from the agreement. Attorney Barney explained that the agreement gives the Town an easement to maintain the water and sewer lines. Councilman Liguori stated the Town gains the right to extend both the water and sewer systems further to the North, and to utilize the old hospital system as part of the Town sewer, otherwise the Town would have no right to extend those sewers . All parties gained on the new entrance road . Superintendent McConnell stated that we have to accept the entrance road or discontinue maintaining. Attorney Barney mentioned the road was a part of a previous agreement where the Town was to take over Dates Drive , this agreement is repeating what was already agreed to . Councilwoman Valentino asked if we also agreed to maintain the islands by doing the mowing, and curbing? It seems that there are many things the Town is going to be responsible for, but the County and the Hospital will making the decisions about. Supervisor Raffensperger felt the Town needs to check the components of the previous agreement about the funding and the elements of the Dates Drive matter so that we understand what the Town is already committed to . Councilman Niklas , the resolution presently before the Board authorizes the Town Supervisor to sign the agreement only after she and the Town Attorney are convinced that it does not harm, but benefits the Town . The resolution does not approve the wording of the resolution . Mr. Walker explained the wording of the language concerning " signs" is between the County and the Hospital agreeing to the size and placement. Both those entities still are required to meet the requirements of the Town ' s Sign Ordinance . Councilwoman Valentino asked that the agreement show they are not exempt from the Sign Ordinance . TB Mtg. Minutes 2/8/93 Pg. 16 Agenda Item No . 16 - Cont ' d Supervisor Raffensperger assured the Board that she and the Town Attorney would review the previous agreement and make sure the agreement is in conformity with the Board ' s wishes. The agreement has taken approximately fifteen years to complete . Motion carried unanimously. Agenda Item No . 20 - Non-Relevy Water and Sewer Accounts on Tax Levy Supervisor Raffensperger reminded the Board that there was an inadvertent omission of the benefit assessments on properties that were not located directly on water and sewer lines but which were deemed to receive a small benefit from the existence of the lines. The amounts are very small , ie . $ . 44, the staff time etcetera does not make it worthwhile to bill the taxpayers . There may be some taxpayers who would very annoyed to be sent a bill for a payment of such small amounts. Motion made by Councilman Niklas that the Town Board instructs the Tax Collector to not issue any further bills for the unpaid assessments and reserving the authority to the Town to levy such assessments for 1994 and successive years; at the discretion of the Town, relevying the 1993 assessments if deemed appropriate and legal as part of the 1994 tax bills. Seconded by Councilman Liguori, carried unanimously. Agenda Item No . 21 - Coddington Road Lighting District Supervisor Raffensperger presented the "ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON ESTABLISHMENT OF CODDINGTON ROAD LIGHTING DISTRICT" . Engineer Daniel Walker explained that there would be twenty five lights in this lighting district if it were approved. Attorney Barney, the Town is doing the Order slightly in advance of the time that the last resolution was to have the report by the Town Engineer. That resolution in itself was entitled to Permissive Referendum of thirty days from the time of adoption. The thirty days will expire two days from now, there is no reason why the Public Hearing cannot be set . If there was a petition for a Permissive Referendum the Public Hearing could be canceled. Motion made by Councilman Niklas adopting the "ORDER" and setting a Public Hearing on the same for March 8, 1993 at 7 : 30 p. m. , during the regular meeting of the Town Board. Seconded by Councilman Liguori . Carried unanimously. TS Mtg. Minutes 218193 Pg , 17 Agenda Item No . 22 - Cost Sharing Allocation , Kline Road Sewer Daniel walker told the Board staff took information from the variety of records such as meter records to create a breakdown of the shared project. The project share breakdown is rounded off because the actual detail percentage was 41 . 2% for the Town, 4$ . 5% for the City of Ithaca, 1 . 1% for services in the Cayuga freights Area, and 9 . 2% for the Town of Dryden. Cayuga Heights is part of the Town of Ithaca and there flow is included with the 'down share , There is some slight increases in the flows anticipated from the Town for projects such as Hasbrook that add more units , Dryden will also he adding additional flow. Allocated percentage costs are 45% to the Town, 45% to the City, and 140% to the Town of Dryden . Supervisor Raffensperger recalled that the Town is no longer permitted to add units to this area until the Kline Road Sewer improvement has been completed. Mr. Walker added that the County Health Department has identified a problem in that area, and stated no netd units until the problem is alleviated . The budget for the project is $200, 004) . A current, construction engineer ' s estimate of $ 150,000 leaving $50 , 000 for engineering and administrative costs . The Towns portion of 590 ,000 will be back charged for the engineering costs and construction costs we incur . The actual cash outlay should less than the $90 ,000 , The Town has a $100, 000 line item in the budget for Sewer repairs for this project . Councilman Liguori moved that the Town Board approve a shared prof +-ct with the City of Ithaca, and the Town of Dryden for the Kline Road sewer project at a cost to the Town of Ithaca not to exceed $90 , 000. Seconded by Councilman Klein , carried unanimously. Agenda Item No . _24 - Redesiunation of the Conservation Advisory Council as the To%-In of Ithaca Conservation Board Councilman Whitcomb reported that the CAC had forwarded a draft resolution to the Town Supervisor and the Town Attorney for the creation of the Conservation Board . Due to the language of the resolution concerning open space parcels that would be reviewed by the Conservation Board , Attorney Barney suggested that the Board be asked if the Town B+)ard knishes a ) to have the Conservation Board review every open space that corner up for review, and b) does the Conservation Advisory Council knish to do that . TB Mtg . Minutes 2!8193 Pg. 18 Agenda Item too . 24 - Cont ' d Councilman Whitcomb asked for suggestions as to how to word the resolution when proposals that come before the Town having limited impact would be exempt from Conservation Hoard review. Attorney Barney suggested an acreage requirement, or a number of sensitive features that were present, but there are exceptions to all of those . Councilman Hiklas suggested the possibility that upon the recommendation of the Town Planning Board any of the Open Spaces enumerated in the inventory mould he reviewed by the Conservation Board . Councilman Whitcomb stated there was language in the resolution that talked of concurrence with the Town Planner and the Chairman of the CAC agreeing . Supervisor Raffensperger asked if it were the consensus of the Board that the mown BO4Lrd does not wish the CAC to be mandated to review all open apace ..ubmittal . Councilman Whitcomb stated it depends on what is meant by review. It could simply mean the Board does not wish to comment. Councilman Liguori felt that is the most controversial part of the Comprehensive Flan . There will be a great deal of criticism on that one item. It is unnecessary because they have no authority to do anything regarding this issue under the present laws . Councilman Liguori doubted whether the Town had any legal authority to deal with Open Space the Town does not intend to purchase . Supervisor Raffensperg(:r told fir. Liguori that the Town is trying to figure out what the CAC should do , and try to limit their authority. The purpose of the discussion is to limit it, it is inappropriate for the CAC to review every open Space submission. Town planner, Floyd Forman agreed that it would make it very difficult , getting the Planning Board involved is something that happens at a later date . The Conservation Board would want to see things Lorior to it coming to the Planning Sward , otherwise it would further delay the prod ass . This is what the Town Board is trying not to do . The comment concerning the concurrence of the CAC Chairperson and the Trnrin Planner is a helpful one . It is a pro active approach and not a reactive approach by the time it comes before the Planning Board . Attorney Barney suggested that it should say certain projects should be mandated to go to the CAC . A Type 1 , some acreage limitation, a project .involved with more than so manor acres . TB Mtg . Minutes 2/8193 Pg , 19 I Agenda Item No . 24 - CDnt ' d Anything other than meeting these_ thresholds with the concurrence of the Town Planner or the Chairperson of the CAB , or the Town Planning Board Chairman could go . To the extent that the Town deviates from what Couric-ilman Whitcomb has stated , the Town is also deviating from the State law. The State laws says that if you create a CAB any activity involving spaces identified on the open space index must goo to the CAB for review. Mr. Barney suggested instead of a resolution , create a Local Law to overrule the State Law and develop thresholds that are appropriate and then adopt the Local Law to modify the State Law to comport more closely with the policy standpoint of the Town Board . Councilman Whitcomb pointed out that if the Open Space Index had been more consistent with the State Law in the beginning by idp-ntifying a few of the parcels as environmentally significant, then we would be fine , but now the Open Space Index identifies every green area in the 'down . The CAC will be discussing this at their next meeting in order to try and develop recommendations to the Town Board . Thence are exceptions to everything . There may bo- a 100 acre parcel that would not need review, and a two acre parcel that would have si.grnificant environmental features that would need review, Therefore , acreage may not be the alternative . Councilman Niklas stated that having every enumerated area in the open space report to automatically require review seems to be a burden to the CAC . Supervisor- Raffensperger said what the Town Board is asking for is the CAC to moderate reviewing all parc�:els enumerated in the Open Space Index tally. The CAC should make a reoommertdatiorY to the Town Board by the next meeting so the Town Board can set a public hearing to enact a Local Law making the Conservation Advisory Council the Conservation Advisory Board . Courici,lman Liguori asked that the Planning Board make a recommendation to the Town Board in the same regard . The Board agreed to have the Planning Board review this issue and asked Town Planner , Floyd Forman to inform the Planning Board of the Town Board ' s request.. Agenda Item No . 25 - Ratification of Employment, . Gail Kroll Superintendent McConnell reported that Gail Kroll was interviewed for the position of Highway Department Secretary and was selected as the most qualified candidate . process you preserve the right to the subdivision , if you take action that is inconsistent to having a subdivision then you lase that right and must come back and reapply for a subdivision. One of those actions that is inconsistent With }paving a subdivision is consolidation for tax purposes . People consolidate for other purposes, sometimes two People own twe Separate lots , and together they sell it to one person, that person chooses to describe it as one piece . That is an indication it is no longer a subdivision, In ten years later because the parcels were originally separate can it be said that not withstanding with the changes in the later in the terms of subdivision regulations during that time it can be a subdivision again . Councilman Niklas reported that the CAC discussed this issue at their last Meeting and it was a unanimous opinion that the Town approve this . TB Htg . Hinutes 2/8/ 93 Pg. 22 Agenda Item No 29 - Subdivision Regulation Changes Attorney Barney told thf,! Board how Subdivision Regulations are enacted under the law. Subdivision regulations are normally adopted by the Planning Board through a Public Hearing , and then they must be approved by the Town Board. Supervisor Raffensperger asked if there were other matters of substance as opposed to reflecting the fact that when these were written the Town did not have a Planner or Engineer? Attorney Barney stated t,hat there is a problem that comes about quite frequently where two lots are sold out of a subdivision and an owner goes to the Assessor' s office and asks to have the lots consolidated . It is done for tax purposes for several years, and then one lot is sold without going back for subdivision approval . The Town has taken a star_ce in those instances that those lots once _ TB Atg . Hinut.es 2/8/93 Pg. 24 Agenda Item No . 29 - Cor,t ' d Councilman Liguori gave an example that if someone has done this and they come back and the Town says they have to reapply. What is needed to reapply? Attorney Barney said it would depend on the time limit to reapply. If they are reapplying three weeks after approval the application process would be simple . If it were ten years there may be new requirements they have :o meet. ,rdhen anyone subdivides land they should be subdividing according to the current requirement;.;, not the requirements of 50, 10 or even 5 years ago . If they have there subdivision they are entitled to that subdivision. Councilman Niklas, the logic relates with the timing, if you obtain subdivision approval , and you don ' t consolidate isn ' t there a sunset. How long do you take before you take advantage of your subdivision approval? Attorney Barney said that if there were a sunset provision and for three years nothing is done, if someone takes action that suggests the subdivision will not be completed then you can say it failed. The sunset law has to be triggered the instant one lot is sold . Supervisor Raffensperger pointed out the discussion was to have a consensus of the Board passed onto the Planning Board for its consideration. Councilman Liguori asked if there were any precedent in the State of New York, another Town that has done this . Attorney Barney said th�!re is precedent in the State of New York in that is the way we have been interpreting the law for the last ten years . There have been instances in the Town where separate lots are combined for tax assessment purposes, the Town has taken the position with the owners that they must re-subdivide that lot, that precedent exists. Attorney Barney said he will investigate what other Towns are doing . Councilman Liguori felt it has gone beyond what the subdivision law issued the authority to do, unless something else has changed. if the lot lines have not been changed, if they have withdrawn the plans from the County Clerk ' s office then there is a legitimate cause . It seems the Town is doing this to penalize them for taking advantage of a loop hole in the law. Supervisor Raffensperger asked if anyone else objected to the change in Article 1, Section 3, Sub-Paragraph 4? No one else objected to this changf.. . TB Ittg. Minutes 2/8/93 Pg . 25 Agenda Item No. 29 - Cont ' d Attorney Barney said there was a proposed change to Article 2, Section 14 , Sub-Paragraph 1 where now the use of a sketch plat was solely at the option of the applicant, the change would be "under certain circumstances it may be demanded by the Town Planner or Planning Board" . The Board also discussed the regulations having to do with building heights. Section 14 , Article 10 dealing with sketch plat review was discussed, as well as part one of the short environmental assessment review. Councilman Liguori asked about Section 32, paragraph 1 concerning reductions in density. Supervisor Raffensperger stated she feels the Planning Board should be very cautious in reducing the density. Mr. Forman feels differently, for example the Comprehensive Plan relies on cluster or the recommendation of using cluster to solve problems . Someday the Town may change the density for cluster, it seems they may increase them instead of decreasing them. The Supervisor feels this is not a timely change to make in the regulations . Mr. Forman stated the only reason this was included, was that when we get a subdivision application and the person has to prove to the Planning Board that a conventional subdivision can be built, it is the first thing staff looks at . The figure 3 . 5 dwelling units per gross acre cannot be done in a R30 zone with someone coming in with a traditional subdivision. The change would attempt to make temporary sense from this , in the future it should be looked at more thoroughly because it is a policy issue . Questions should be asked such as what kind of density bonuses do we want to give an individual for clustering . Now under the present regulations we are telling someone potentially they can have a certain number, when they actually can ' t meet that number. With a traditional plat in an R30 zone if you double the density, suppose there were no roads and not park dedication, you could end up with approximately three units per acre, if we simply double the density as some people have assumed they can do in a cluster subdivision, if you come in with a traditional plat you cannot have 3 . 5 units per acre , it doesn ' t work mathematically. Councilman Whitcomb said that now at 30,000 square feet per unit you can get 1 . 5 units per acre . With no roads and no park dedication. Supervisor Raffensperger stated this is a small bonus for cluster. TB Mtg . Minutes 2/8/93 Pg. 26 Agenda Item No . 29 - Cont ' d Attorney Barney mentioned that not under all circumstances do you get the 3 . 5, because we say elsewhere that you cannot exceed the number otherwise permitted in a traditional . Another problem we have is in the past trying to calculate what is the permissible number of units, everyone assumes you can build a two family home and therefore you take a conventional subdivision and have twenty conventional lots and get forty units, two per lot. When actually townwide the ratio is more like 1 . 3 units, 20-25% of the houses have apartments and the other 75% don ' t. One could argue that the bonus you should be using for the townwide average for calculating the number of units that are available in the subdivision before going to cluster is an effort to articulate a more precise standard and say these are the maximums no matter how calculated. Supervisor Raffensperger pointed out that in a R30 you don' t have water and sewer because when it has water and sewer it is often rezoned to a R15 . This interpretation that in the Town you may in cluster have two units, came from your predecessor, and it was argued when Commonlands was being considered. Attorney Barney stated he would like the subdivision regulations to say if you go to clustfsr each dwelling unit be 1 . 3 or 1 . 5% , but someone says that is what they desire rather than people make assumptions on the interpretations . Supervisor Raffensperger stated this only revises what is considered to be an inadequate way of dealing with density and cluster. Attorney Barney pointed out that it is limiting it, you are doing less than if double , in the R30 you could get 3. Councilman Liguori felt it was inappropriate to reduce the R30 by more than 50% . R30 could have been at 2 or 3 . Mr. Forman realistically looked at how many can be done , he took out a 3.0% park and opf:n space dedication, and took out 15% for roads . You cannot get 1 . 5 units for every R30, it doesn ' t work when you do a subdivision with roads, park and open space dedication. A bonus of 1 . 3 was put back into the calculations . It is arbitrary and up to the Board to make the decision. Mr. Forman tried to make it logical as people are going to have to provide a park and open space dedication, and roads, therefore it should be considered. TB Mtg . Minutes 2/8/93 Pg . 27 Agenda Item No . 29 - Cont 'd Attorney Barney said if you have 40,000 square feet in an acre, you are going to have a 10% set aside, another 15% coming out for roads . Of the 40,000 square feet you really have only 30,000 square feet , put a house on it and you could have two units. That is really the maximum realistically in a subdivision. He would like a number that is a more realistic unit calculation. Supervisor Raffensperger started out when cluster was first permitted wanting to restrict more severely the number of units. She changed her mind to think that cluster is going to be used to solve a lot of environmental problems . Then cluster has to have a density bonus, otherwise there will be no incentives to use it. Mr. Forman said that then we have to revise the way things are done . Vie can ' t tell a developer to come in with a proposal that meets the traditional requirements . If we wish to have density bonuses of two or three times we can do them both . Supervisor Raffensperger felt that is premature to make that decision until a decision is made whether or not those elements in the Comprehensive Plan are going to be approved by the Planning Board, and if they are implemented something is going to have to be done with cluster. Supervisor Raffensperger suggested that this be passed along to the Planning Board for their recommendation. The Board agreed. One other item, Section 23 last paragraph 13, we have not included in the subdivision regulations that the limitations on highway specifications are to be the limitations used to design the subdivision . Agenda Item No . 30 - Spring Leaf Pick-Up Date Motion made by Councilman Niklas, seconded by Councilman Liguori approving the Highway and Parks Departments yard refuse disposal services for residents as the week of April 19 . Carried unanimously. Agenda Item No. Additional #2 - Surplus Property The Supervisor explained this issued has to do with the IBM Displaywriter System which used to be utilized by Nancy Fuller. The Town no longer will use this system since f=irs . Fuller is no longer employed here . The staff called a number of IB14 dealers to receive quotes on the value of the systems. The average value of the display writer was $50. 00 . TB 14tg . Minutes 2/8/93 Pg. 28 Agenda Item No. Additional #2 - Cont' d The prepared resolution authorizes the sale of that equipment to Nancy Fuller for that price . If anyone else is interested in purchasing them there are two in the attic . The Town has had them since 1989, they are word processors . The understanding is that all the information stored on the system will be transferred to other Town equipment before Mrs. Fuller is permitted to remove the equipment. Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving the sale of the Displaywriter system to Nancy Fuller for $50 . 00 once the information stored on the system is transferred to other Town equipment. Carried unanimously. Agenda Item No . 32 - Quarterly Investment Report Assistant Budget Officer, Sally Alario reported that the report is for the final quarter of 1992 . The Town has reinvested the Repurchase Agreements and received about $23,000 in interest . The interest rates are still falling. Supervisor Raffensperger made a motion to approve and adopt the fourth quarter 1992 Quarterly Investment Report. Seconded by Councilman Whitcomb . Carried unanimously. Agenda Item No. 33 - 1992 Budget Amendments Ms . Alario explained the additional 1992 budget amendments as the encumbrances are finished for year end. There were a few more accounts which were over budget. The large one is due to the joint sewer bill received. Motion made by Councilman Niklas approving and adopting the 1992 Budget Amendments, seconded by Councilwoman Valentino. Carried unanimously. Agenda Item No . 34 - Bolton Point Budget Amendments Bolton Point has recommended budget amendments for the year end 1992 . Motion made by Supervisor Raffensperger, seconded by Councilman Niklas approving and adopting the Bolton Point 1992 Budget Amendments. Carried unanimously. I TB Mtg . Minutes 2/8/93 Pg. 29 Agenda Item No . 35 - Annual Investment Report Ms . Alario explained that there were no proposed changes to the Investment Policy. At the March meeting the Board will review the policy which needs to be re-approved in May. The total interest earned on the Repurchase Agreements for 1992 was $103, 969 . 23; and on the savings $64 , 135 . 30. There are four interest checking accounts that earned $5, 772 . 30. Total interest earned was $173, 875 . 83. The amount was a little over $217 ,000 less than in 1991 because money was spent in the capital projects, and the interest rates have dropped from 6 . 5% to approximately 3 . 15°x . Motion made by Supervisor Raffensperger approving and adopting the 1992 Annual Investment Report. Seconded by Councilman Whitcomb. Carried unanimously. Agenda Item No. 36 - Employees Status & Salary Account Clerk Typist Ms . Alario told the Board that Michelle Townley has finished her six month probationary period, is a great worker, and she is pleased to have her in the Town . Ms . Alario recommended that Mrs . Townley be made a permanent full time employee with an increase in salary to $7 . 75 per hour retroactive to January 22 . Motion made by Councilwoman Valentino approving Michelle Townley, Account Clerk Typist being made a permanent full time employee with an increase in salary to $7 . 75 per hour retroactive to January 22 . Seconded by Councilman Liguori . Carried unanimously. Agenda Item No . 37 - Employee Status & Salary Planning Secretary Mr. Forman stated that planning issues can be convoluted and not easy to deal with . Mrs . Wilma Hornback is spending time and working hard, her probationary period is ended and recommends that her position be made permanent with a salary increase from $7 . 00 to $7 . 50 per hour. Motion made by Councilman Niklas approving Wilma Hornback, Planning Secretary being made a permanent full time employee with and increase in salary from $7 . 00 to $7 . 50 per hour. Seconded by Councilman Liguori . Carried unanimously. TB Mtg . Minutes 2/8/93 Pg. 30 Agenda Item No. 38 - Employee Status & Salary Highway Mechanic Superintendent McConnell stated that Ken Maye , Highway Mechanic has completed his six month probation in an exemplary manner. Since the budget process time when Hr. Maye ' s salary was addressed, Hr. McConnell has further considered a another point, that the bottom salary range for the mechanic ' s position is $9 .00 . Mr. Maye has worked during the entire probation period for $8 . 00 per hour because of some confusion . If Mr. tdaye had been in the probationary period at 59 . 00 per hour his increase at this point would be in addition to that standard increment. Hr. McConnell requested that instead cf increasing the salary for $8. 00 to $9 .00 per hour that it be an increase from $8. 00 to $9 . 50 . Supervisor Raffensperger explained that the $9 . 00 is what was discussed by the Personnel Committee and by the Town Board at budget time . Mr. Maye was appointed Highway Mechanic after being employed for a very short time as a laborer, the increase that he has received since March 1992 has been substantial during that period, and the Supervisor would oppose the increase to $9 . 50 per hour. Councilman Liguori asked what was being paid to the person in this position before Mr. Maye was hired? Superintendent McConnell stated the individual he replaced was getting over $13 . 00 per hour. The Supervisor pointed out that the previous individual had been employed by the Town for seventeen years . Mr. McConnell mentioned there was an employee who was hired to fill the position last spring with just schooling and very little experience at the $9 . 00 per hour. Supervisor Raffensperger suggested that if the Board wishes to increase Fir. M aye ' s salary from $8 . 00 to $9 . 00 per hour now, that the Board may review it later in the year when Mr. Maye has been employed for a longer period of time . Motion made by Supervisor Raffensperger approving the permanent appointment of Ken Maye, Highway mechanic to a full time employee at a rate of salary from $8. 00 to $9 . 00 per hour. Seconded by Councilwoman Valentino. Councilman Whitcomb asked when Mr. Maye would normally be reviewed again for a salary increase . The Supervisor responded the end of the year, the Town has reviewed salaries for individuals mid-year when there are extenuating circumstances. This could be done if Hr. McConnell wishes to bring it to the Board in six months. Afotion carried unanimously. TB Mtg. Minutes 2/8/93 Pg, 31 Agenda Item No . Additional #1 - Rezone 237 Coddington Road The Supervisor explained the Town Board has a recommendation from the Planning Board that the Town Board proceed with the Public Hearing to rezone 237 Coddington Road. Motion made by Councilman Whitcomb authorizing and directing the Town Clerk to advertise for a Public Hearing to be held March 8, 1993 at 8:00 p. m. to consider a request to rezone 237 Coddington Road. Seconded by Councilman Niklas . Supervisor Raffensperger stated this rezoning would be from a R9 to multiple residence . This is a revision of the Klondike Manor proposal, an approved subdivision. Carried unanimously. Agenda Item No . 39 - Town of Ithaca Warrants Motion made by Councilman Niklas, seconded by Councilwoman Valentino authorizing the payment of the warrants . Carried unanimously. Agenda Item No. 40 - Bolton Point Warrants Motion made by Supervisor Raffensperger, seconded by Councilman Niklas authorizing the payment of the Bolton Point warrants. Carried unanimously. Agenda Item No. 41 - Executive Session Motion made by Supervisor Raffensperger to move into Executive Session in order to discuss personnel matters and matters of possible litigation. Seconded by Councilman Niklas . Carried unanimously. The Town Board moved into Executive Session at 8: 45 . The Town Board resumed regular session at 9 : 40 p . m. No action was taken as the result of the Executive Session . Agenda Item No . 42 - Adiournment Motion made by the Supervisor to adjourn as there was no further business . Seconded by Councilman Whitcomb. Carried unanimously. Meeting adjourned at 9 : 42 p . m. Respectfully submitted, ��a.r►wtt.. .loan Lent Hamilton Town Clerk ***Next Regular Meeting - March 8, 1993; 5 : 30 p. m. Public Hearing - 7 : 30 p. m. Coddington Road Lighting District Public Hearing - 8 : 00 p. m. Rezoning 237 Coddington Road i I Town Board Meeting 2/8/93 Agenda Item No. 9 SEAR - Local Law Agricultural Assessments - Fire Districts Resolution No . 17 WHEREAS, this action is the Consideration of the proposed "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LANDS FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS" ; and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review; and WHEREAS, the Town Board, at their February 8, 1993 meeting, has reviewed the proposed Local Law, and the Short Environmental Assessment Forms Part I and II prepared by Town planning staff; and WHEREAS , the Town planning staff has recommended a Negative Determination of Environmental Significance for the proposed action; now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LANDS FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS" , and therefore an Environmental Impact Statement will not be required . MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori DATED: February 8, 1993 , ja 21. , Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item No . 10 LOCAL LAPS - Agricultural Assessments , Fire Districts Resolution No . 18 WHEREAS , the properly advertised Public Hearing has been held for the purpose of considering the adoption of a "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS" ; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby approve and adopt said Local Law; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to file said Local Law as required by law. MOVED : Councilman John Whitcomb Roll Call Vote Raffensperger Aye SECONDED: Councilwoman Catherine Valentino Whitcomb Aye Valentino Aye DATED: February 8, 1993 Niklas Aye Liguori Aye Leary Aye Klein Aye aync�JfT.. Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item No , 12 1993 Priorities Work/Plan Resolution No . 19 WHEREAS , the Town Supervisor has presented to the Town Hoard the 1993 Priorities Stork/Plan for their review and approval ; and WHEREAS , the Town Board of the Town of Ithaca has reviewed said Work/Plan; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt for implementation the 1993 Priorities Work/Plan as presented by the Town Supervisor . MOVED ; Councilman Earl Niklas Carried Unanimously SECONDED: Councilwoman Catherine Valentino DATED : February 8 , 1993 Joan sent Hamilton , Town Clerk Town Board Meeting 2/8/93 Agenda Item No. 16 Transfer Dates Drive Resolution No . 20 BE IT RESOLVED, by the Town Board of the Town of Ithaca that the Tri-Party Agreement, Water Line , Sewer Line and Right-of-Way Known as "Dates Drive" between the County of Tompkins, Tompkins Community Hospital , and the Town of Ithaca is hereby approved; and be it further RESOLVED, the Town Supervisor is hereby authorized to execute same with such modifications as may be recommended by the Town Attorney and approved by the Town Supervisor. MOVED : Councilman Frank Liguori Carried Unanimously SECONDED: Councilman Karl Niklas C., Lk Joan Lent Hamilton, Town Clerk Town Board Meeting 218193 Agenda Item No . 17 Americans With Disabilities Act Resolution rich . 21 WHEREAS , Andrew Frost, Building Inspector has prepared a written plan fox the Town of Ithaca to be in compliance with the Americans with Disabilities Act as required by law; and WHEREAS , one of the requirements of the written plan, is for the installation of a handicap access ramp into the Town ball ; and WHEREAS , the Town Hoard of the Town of Ithaca has reviewed said written plan , including the plan for the installation of the handicap ramp; now therefore be it RESOLVED, that the Town Hoard of the Town of Ithaca does hereby approve the written plan , and the plan for the installation of the handicap ramp for the Town of Ithaca to be in compliance with the Americans With Disabilities Act. MOVED ; Councilman John Whitcomb Unanimously Councilman Frank Liguori harried Unanimousl DATED : February 8 , 1993 .roan Lent Hamilton, Town Clerk Town Board Meeting 218193 Agenda item Ado . IS Benefit Assessment Refund Resolution No . 22 WHEREAS , Vladimar Pucik, 1026 Hanshaw Road was charged 2 units of Mater and 2 units of sever on his 1993 tax bill ; and WHEREAS, in August of 1992 a Certificate of Occupancy was issued by the Town of Ithaca Building Codes Enforcement officer for a single family dwelling after basement renovations ; and WHEREAS , it has been determined by the Building Codes Enforcement Officer, Andrew Frost; and the Town Engineer, Daniel Walker that the property should be assessed 1 unit of water and 1 unit of sewer Lased upon the benefit assessment formula, for a single family residence on a developed lot ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund of 1 unit of water in the amount of $80. 00, and 1 unit of sewer in the amount of $78 . 00 , for a total refund of 5158 , 00 , to be made to Vladimer Pui�ik as the 1993 Town and County taxes have been paid in full, . MaVEM ; Councilman Karl Idikl as Carried Unanimously SECONDED: Councilwoman Catherine Valentina DATED , February 8 , 1998 Joan Lent Hamilton , Town Clerk Town Board Meeting 2!8193 Agenda item No . 19 Town Hoard Meeting Minutes 1/11193 Resolution No , 23 WHEREAS , the mown ClelA has presented the Totin Board Meeting Minutes for the regular meeting held January 11 , 1993 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 Hoard does hereby adopt said minutes as the official minutes of the Town Hoard for the meeting held January 11 , 1993 . MOVED : Councilman John Whitcomb SECOINDED : Councilman Karl Niklas harried Unanimously DATED ; February 8 , 1993 Joan Lett Hamilton, "Town Clerk FINAL ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING TIME AND PLACE•OF-t PUBLIC HEARING ON ESTABLISHMENT OF CODDINGTON ROAD LIGHTING DISTRICT At a meeting of the Town Board of the Town of Ithaca held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 8th day of February, 1993, at 5:30 p.m. PRESENT: Shirley Raffensperger, Town Supervisor, John Whitcomb, Deputy Town Supervisor, Patricia Leary, Councilperson, David Klein, Councilperson, Karl Niklas, Councilperson, Catherine Valentino, Councilperson, and Frank Ligouri, Councilperson. In the matter of the formation of a lighting district for Coddington Road pursuant to Article 12-a of the Town Law of the State of New York. WHEREAS, on January 11, 1993, the Town Board of the Town of Ithaca duly adopted a resolution directing the Town Engineer to prepare a map, plan and report for providing the facilities, improvements, or services in a portion of the Town of Ithaca wherein a lighting district was proposed to be established; and WHEREAS, on February 8, 1993, the Town Engineer duly filed said map, plan and report in the Office of the Town Clerk of the Town of Ithaca; and WHEREAS, the boundaries of the proposed lighting district are as set forth on Schedule A annexed hereto; and WHEREAS, the improvements proposed consist of the installation of approximately 25 street luminaries along Coddington Road between Northview Road and the City-Town line; and WHEREAS, the maximum amount proposed to be expended for the improvement is $0 for the construction of said lighting system; and WHEREAS, it is estimated that the initial annual cost estimate for the operation of said lighting system will be $3750.00 per year; and WHEREAS, the map, plan and report describing such improvement are on file in the Office of the Town Clerk of the Town of Ithaca for public inspection; and NOW THEREFORE it is ORDERED, that the Town Board of the Town of Ithaca shall meet at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 8th day of March, 1993 at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to establish said lighting district with the improvements specified above, at which time and place all persons interested in the subject Town Board Meeting 2/8/93 Agenda Item No . 21 PUBLIC HEARING - Coddington Road Lighting District Resolution No . 25 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby adopts the attached "ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON ESTABLISHMENT OF CODDINGTON ROAD LIGHTING DISTRICT" . MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori DATED : February 8 , 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item No . 20 Non Relevy Charges - Water & Sewer Tax Roll Resolution No . 24 I WHEREAS , the Town of Ithaca has heretofore levied benefit assessments on Properties that were not located directly on water and sewer lines but which were deemed to receive a small benefit from the existence of water and sewer lines in the Town of Ithaca; and WHEREAS , these benefit assessments were inadvertently omitted on the tax warrant forwarded to the Tompkins County Assessment Department for inclusion on the tax bills issued on behalf of the Town in January 1993; and WHEREAS, the small benefit assessments were therefore omitted from a number of the bills issued on behalf of the Town; and WHEREAS, the cost of issuing new bills including preparation of the bills, postage, and collection of the small benefit assessments would exceed the amount of assessments to be received, NOW, THEREFORE, in consideration of the foregoing it is hereby RESOLVED, that the Town Board instructs the Tax Collector to not issue any further bills for those unpaid assessments reserving, however, to the Token, the authority to . ( a ) Levy such assessments for 1994 and successive years; (b) In the discretion of the Town, relevying the 1993 assessments if deemed appropriate and legal as part of the 1994 tax bills. 14OVED : Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk 07d hg.OR], WPSUM, 02108193 4:38pm thereof may be heard concerning the same; and it is further ORDERED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified copy of this order in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten nor more than twenty days before the day designated above for the public hearing. TOWN BOARD OF THE TOWN OF ITHACA 1 The undersigned, JOAN LENT HAMILTON, Town Clerk of the Town of Ithaca, Tompkins County, New York, does hereby certify that the foregoing Order and Schedule A are a true and correct copy of an Order duly adopted by the Town Board of the Town of Ithaca at a meeting duly called and held on February 8, 1993. JoA Lent Hamilton 2 Cadding.OR], WPSI,ITH,02108193 4:38pm SCHEDULE A DESCRIPTION OF CODDINGTON ROAD LIGHTING DISTRICT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as follows: COMMENCING at the intersection of the center lines of Coddington Road and Northview Road West; running thence southwesterly along the center line of Northview Road West 175 feet; running thence northwesterly on a line parallel with and 175 feet southwesterly from the center line of Coddington Road a distance of approximately 4,700 feet to the boundary line between the City of Ithaca and the Town of Ithaca, which line is also the northwest line of Town of Ithaca tax parcel No. 41-1-13; running thence northeasterly along said City-Town line to the center line of Coddington Road; running thence southeasterly along the center line of Coddington Road (excluding the portion of Coddington Road which lies outside the normal 60 foot right of way along the east side of Coddington Road) a distance of approximately 530 feet to a point; running thence northeasterly a distance of approximately 95 feet in part along the northwest line of Town of Ithaca tax parcel No. 54-7-49 to a point in the former railroad right of way; running thence southeasterly along the southwesterly line of said former railroad right of way and along the rear line of tax parcels No. 54-7-49, 48, 47, 46, and 45.2 a distance of approximately 400 feet to a point where the southwesterly line of said former railroad right of way is 175 feet from the center line of Coddington Road; running thence on a line parallel with and 175 feet northeasterly of the center line of Coddington Road a total distance of approximately 3,710 feet to the center line of Northview Road; running thence southwesterly along the center line of Northview Road to the center line of Coddington Road; running thence southeasterly along the center line of Coddington Road approximately 20 feet to the intersection of said center line with the center line of Northview Road West and the point of beginning. i 3 Town Board Meeting 2/8/93 Agenda Item No . 22 Cost Sharing Allocation - Kline Road Sewer Resolution No . 26 WHEREAS, the Kline Road Sewer collects and carries sewage from properties in the City of Ithaca and transports sewage generated in the Town of Ithaca and the Town of Dryden; and WHEREAS, said sewer drains to the Lake Street siphon under Fall Creek near the High School ; and WHEREAS , the siphon has limited capacity and has caused the sewer to back up during times of high flow in wet weather; now therefore be it RESOLVED, the Town Board hereby approves a shared project with the City of Ithaca, and the Town of Dryden as outlined on the attached memorandum from the Town Engineer; and be it further RESOLVED, the Town Board also approves the cost allocation for this project as shown on said memorandum. MOVED : Councilman Frank Liguori Carried Unanimously SECONDED: Councilman David Klein DATED : February 8, 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item No. 23 Building Inspector/Zoning Enforcement Officer Conference Attendance Resolution No. 27 WHEREAS , Andrew Frost, Building Inspector/Zoning Enforcement Officer has requested that he attend a four-day conference entitled Finger Lakes Building Officials Conference at the Marriott Thruway Hotel, Rochester, New York from March 29 to April 1 , 1993 at a cost of $435 . 00 plus mileage; and WHEREAS , attendance at this seminar will be beneficial in the performance of Mr . Frost ' s duties as Building Inspector/Zoning Enforcement Officer; now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby approves the attendance of Andrew Frost at said seminar at a cost of $435 . 00, plus mileage to be paid from Building/Zoning Department Account No. B8010 . 403. MOVED : Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk Town Soard Meeting 2/8/93 Agenda Item No . 25 Ratification of Employment of Gail Kroll Highway Department Secretary Resolution No . 28 WHEREAS , the interviewing committee reviewed many resumes and interviewed three people for the position of Highway Department Secretary; and WHEREAS , Gail Kroll proved to he the most qualified candidate ; and WHEREAS , the shortage of clerical and telephone support in the Highway Department necessitated that Ms . Kroll begin work on January 25 , 1993 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the employment of Gail Kroll as Highway Department Secretary effective January 25 , 1993 , at an hourly wage of $8 . 15 per hour to be paid from account A5O1O . 100 . A six-month probationary period applies, after which a salary review will be made . All benefits for a regular, full-time employee apply, MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilmar► David Klein DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk Town foard Meeting 2/8!93 Agenda Item Ro . 25A Authorization to Participate In Cooperative Purchasing of Highway Services With Tompkins County Resolution No . 29 WHEREAS , the Office of the State Comptroller has ruled that Counties my no longer extend their bids for public work ( services ) to political subdivisions; and WHEREAS , General Municipal Law Section 119-0 provides for municipalities entering into cooperative purchasing agreements to jointly bid needed services ; and WHEREAS , General Municipal Law, Article 5-O, Section 119-0 states that "any agreement, entered into hereunder shall be approved by each participating municipal corporation or district by a ma)ority vote if its governing body" ; now therefore be RESOLVED, that the Town Hoard hereby approves and authorizes that the Town of Ithaca participate with Tompkins County in the cooperative purchasing of the following highway services : Painting of Traffic Lines Installation of Guide Rails Liquid Bituminous Materials Hicro Surfacing ]Recycling of Road Surfaces MOVED : Councilman John Whitcomb Carried Unanimously SECONDED : Councilwoman Valentino DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk I Town Hoard Meeting 218193 Agenda Item No . 26 Personnel Manual Charges to Hours of Work Section Resolution No . 30 WHEREAS , the Personnel Committee has heard discussions in support of the use of compensatory time for the hourly positions of Highway Forman and Aechanic to save unnec+-scary overtime costs by using time more effectively; now therefore be it RESOLVED, the 'down Hoard of the Town of Xthaca approves the following amendments to the Hours of Work Sections of the Personnel Manual . "Compensatory time ( time off in lieu of monetary compensation ) is extended to certain hourly positions and is so stated in the applicable job description . A written agreement made between the individual employee and the Town is required before use . " MOVED : Councilman Karl Miklas Carried Unanimously SECONDED: Councilwoman Catherine Valentino DATED : February 8 , 3.993 Joan Lent Hamilton, Town Clerk i Town Board Meeting 2/8193 Agenda Item No , 27 Ratification of SARA Grant Application RA-solution No . 31 WHEREAS , the Town of Ithaca had the opportunity to apply for funding through the New York State Local Government Records Management Improvement Fund, { LGRMIF } ; and WHEREAS , the application is for funding of an Archival Records Program which will be a continuation of the Records Management Program begun in 1991 ; and WHEREAS , the deadline for consideration of applications for this SARA Grant was February 1 , 1993 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca supports the application for LCRMIF funding for an Archival Records Program for the Town., and be it further RESOLVED , that the 'Town Board of the Town of Ithaca does hereby ratify the submission of the application for such funding in the amount of $15 , 506 . 00 . MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED : February 8, 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 218193 Agenda Item No . 28 Advertisement Town Board Appointment Vacancies Resolution No , 32 WHEREAS , there are vacancies on various Boards and Committees of the Town of Ithaca; and WHEREAS , the Town Board wishes to fill said vacancies so that the Boards and Committees can continue to represent the Town to the fullest extent possible ; now therefore be it RESOLVEp, that the flown Board hereby authorizes and directs that two box advertisements be placed in the official newspaper soliciting persons wishing to serve on said Hoards and Committees; and be it further RESOLVED, a listing of said vacancies shall be included in the box advertisements after the Town Supervisor and the Town Clerk have determined which positions require representation. MOVED : Councilman Karl Niklas Carried Unanimously SECONDED ; Councilwoman Valentino DATED : February 8 , 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 218193 Agenda Item No . 30 Spring Leaf Pick Up Resolution No , 33 WHEREAS , the Highway and Parks Departments provide yard refuse disposal services for Town of Ithaca residents ; and WHEREAS, twice annually the Highway and Parks Departments will collect brush and leaves fx'om the roadside ; now therefore be it RESOLVED, that the week of April 19 , 1993 is spring brush and leaf pick up . MOVED ; Councilman Karl Aikl.as Carried Unanimously SECONDED: Councilman Frank Liguori DATED : February 8 , 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 218/93 Agenda Item Me. 32 Quarterly Investment Report Resolution No , 34 WHEREAS , the Assistant Budget Officer has presented the Quarterly Investment Report for the months 1011192 through 12131192 to the Town Board for their review; now therefore be it RESOLVED, that the Town Hoard of the Town of Ithaca hereby approves and adopts the Quarterly Investment Report for 1011192 through 12131192 as the official Quarterly Investment Report for the period covered. 14OVED : supervisor shirl8y Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED : February 8 , 1991 Joan Lent Hamilton, Town Clerk Torun Board Veet.ing 2!8!93 Agenda Item No . 33 1992 Budget Amendments Resolution No . 35 i WHEREAS , there are insr-ifficient amount of appropriations in some of the line items of the General Townwide Fund, Highway Fund , Water Fund, and Sewier Fund to meet the obligations of the funds for the year 1992 ; and WHEREAS , in conformity with Town Law and good bookkeeping practices accounts should not be over appropriated, now therefore he it RESOLVED , that the Town of Ithaca , Financial Officer is hereby authorized and directed to make the attached budget transfers from unencumbered balances to offset arty shortages in appropriations for the year 1992 ; and he it further RESOLVED, that the Assistant Budget Officer he sent a certified copy of this resolution and attachments so that said budget transfers can be recorded . MOVED: Councilman Karl Nfklas Carried Unanimously SECONDED; Councilwoman Catherine Valentino DATED : February 8 , 1993 I Joan Lent, Hamilton, Town Clerk Town Board Meeting 2 !8193 Agenda Item No . 34 Halton Point 1992 Budget Transfers Resolution No . 36 WHEREAS , there is an insufficient amount of appropriations in some of the SCLIWC Operating Fund to meet the obligations of the fund for the year 1992 ; and WHEREAS , in conformity with Town Law and gaud bookkeeping practices aucounts should not be over appropriated; now therefore be it RESOLVED, that the Treasurer of the SCLIWC is hereby authorized and directed to make the attached budget transfers from unencumbered balances to offset any shortages in said operating fund for the year 1992 ; and be it further RESOLVED, that the SCLI%IC Treasurer be sent a certified copy of this resolution so that said budget transfers can be recorded, MOVED ; Supervisor Shirley Raffensperger Carried Unanimously SECONDED ; Councilman Karl Nlklas DATED : February 8 , 2993 Joan Lent Hamilton, Town Clerk Town Board Meeting 2!8193 Agenda Item No . 33 1992 Annual Investment Report Resolution No . 37 WHEREAS , the Assistant Budget Officer has presented the 1992 Annual Investment Report to the Town Board for their review; and WHEREAS , the Town Board has reviewed said report and does hereby approve of said report; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and adopt the 1992 Annual Investm8nt report as presented as the official 1992 Annual Investvent Report for the Town of Ithaca , MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Sohn Whitcomb DATED : February 8 , 1993 .roan Lent Hamilton, Town Clerk Town Board Meeting 2!$!93 Agenda Item No . 36 Permanent Appointment of Account Clerk/Typist Resolution No. 38 WHEREAS , Ai.chelle Townley was appointed Account Clex:klTypist on July 22 , 1992 ; and WHEREAS , Hs . Townley has completed her six-month probationary period in a satisfactory manner; and WHEREAS , at the time of her employment, the 'down agreed to consider a salary increase upon successful completion of the Probationary period; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the salary of the Account Clerk/Typist to be increased from 57 . 25 to 57 . 75 per hoar retroactive to January 22 , 1993 + MOVED- Councilwoman Catherine Valentino Carried Unanimously SECONDED: Councilman Frank Liguori DATED : February 8 , 1993 Joan Lent Hamilton , Town Clerk Town Hoard Meeting 218!93 Agenda Item No , 37 Permanent Appointment of Planning Secretary Resolution Do . 39 WHEREAS , Wilma Hornback was appointed Engineering and Planning Secretary on August 11 , 1992 and has completed her six-month probationary period in a satisfactory manner; and WHEIREAS , a restructuring of the secretarial areas in these departments has directed Nis . Hornback ' s services to center on support of the Planning Department; and WHEREAS , at the time of her employment , the Town agreed to consider a salary increase upon successful completion of the probationary period ; now therefore be it RESOLVED , the Town Hoard of the Town of Ithaca does hereby approve the salary of the Planning Secretary to b+- increased from $7 . 00 to $7 . 50 per hour as of February 11 , 1993 , and oharged entirely to accourkt B8 020. 100 . MOVEDt Councilman Carl Nilclas Carried Unanimously SECONDED: Councilman Frank Liguori DATED : February 8 , 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 218193 Agenda Item No . 38 Permanent Appointment of the Highway Mechanic Resolution ado . 40 WHEREAS , Ken Maye was appointed Highway Mechanic on August 3, 1992 ; and WHEREAS , Hr . Maye has completed his six-month probationary period in a satisfactory manner; and WHEREAS , at the time of his promotion, the Town agreed to consider a salary increase upon successful completion of this period that would keep Mr. Maye ' s salary in line with the responsibilities of the position ; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approvie the salary of the Highway Hechanic to be increased from $8 . 00 to 59 . 00 per hour , retroactive to February 3 , 1993 . MOVED : Supervisor Shirley Raffensperger CarriedUnanimously SECONDED : Councilwoman Catherine Valentino DA'R'ED : February 8 , 1993 Joan Lent Hamilton, Town Cleric i Town Board Meeting 2/8/93 Agenda Item No. 39 Town of Ithaca Warrants Resolution No . 41 WHEREAS , the following numbered vouchers have been presented to the 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 Ithaca Town Board does hereby authorize the payment of said vouchers. General Townwide Vouchers : No. 25 - 72 $ 55, 881 . 42 General Outside Village Vouchers : No. 15 - 35 26 , 218. 17 Highway Vouchers : No. 12 - 41 31 , 201 . 42 Plater and Sewer Vouchers : No . 15 - 49 202 ,042 . 38 Lighting Vouchers : No . 1 - 3 627 . 26 Capital Projects Vouchers : No. 3 - 7 1 , 745 . 82 MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilwoman Catherine Valentino DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item No. 40 SCLIWC (Bolton Point ) Warrants Resolution No . 42 WHEREAS , the following numbered vouchers have been presented to the 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 hereby authorizes the payment of said vouchers. Operating Fund Vouchers : No . 54 - 118 $132 , 870 . 43 Capital Projects Vouchers : No . H35 40. 19 MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 2/8/93 Agenda Item #1 - Additional Public Hearing - Rezone 237 Coddington Road Resolution No . 43 BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a Public Hearing, to be held on March 8, 1993 at 6: 00 p. m. at the regular monthly meeting of the Town Board to consider a request from Orlando Iacovelli to rezone 237 Coddington Road. MOVED : Councilman John Whitcomb Carried Unanimously SECONDED: Councilman Karl Niklas DATED: February 8, 1993 Joan Lent Hamilton, Town Clerk Town Board Meeting 3!8/93 Agenda Item No . - Additional Sale of Surplus Property Resolution No . 44 WHEREAS , the Town Engineer and the Administrative secretary of the Planning, Engineering, and Zoning Departments have determined that there is no longer a need for the 'Town to utilize one IBM Oisplaywriter System and Printer due to the PC computerization and System 36 computerization within the Town operation; and VHEREAS , contact has been made with Linda MGnico , IBI4 Client Services Representative on January 7 , 1993 . Contact has also been made with Peter Bennett, and Sue Stoctum of Computerland of Ithaca, on ,7anuary 7 , 1993, that the intrinsic value of said equipment is from $10 . 00 - $100 , 00; and WHEREAS, the information presently stared on the IBM Displaywriter shall be retrieved and place on the Town of Ithaca present computers or hard copies made for Records Management; now therefore be it RESOLVED , that the Town Board of the 'Town of Ithaca does hereby declare one ( 1 ) IBM Displaywriter System, 'Type 6580, is surplus property and can be made available for sale after retrieval of all documents stoned on the system ; and be it further RESOLVED , that said IBM DisPla.Y`Writer System may be sold to Nancy M . Fuller, 316 Turner Place, Ithaca, New York for the amount Of $50 . 00, with the understanding that Mrs . Fuller will take possession of said equipment after all documents have been transferred . MOVED : Councilman Xai�l Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : February 8 , 1993 Joan Lent Hamilton , Tavin Clerk Agenda 3C ITHACA M'M HIGHWAY SUPERINTENDENT'S REPORT - JAVUAPY 1993 TOWN BOARD - FEBRUARY S. 1993 In January the Highway Department worked a total of 622 man hours on Genera• Repairs. Ile fired the rafters in the salt shed, patched pot holes, repaired shoulders, cut brush around signs, cleaned some ditches, and completed many small projects. We spent 48 man hours on our sign maintenance program. 74 man hours were used to cut brush cohere needed. Snow removal for January used 570 man hours, 322. 5 of those were on overtime. The Highway Department spent 278 man hours on- the Christopher Circle water tank improving the site. We also ;-corked with the Engineering Department on the Trumansburg water tank driveway for 184 man hours. Ile will finish this project as soon as the weather permits. In February we will continue to maintain the toads and prepare for the comino warmer weather. Agenda 3C PARKS AND OPEN SPACE MANAGER'S REPORT - JANUARY 1993 TOWN BOARD - FEBRUARY 8, 1993 1. A total of 64 man hours were spent in snow removal in January at all walkways, bikeways, and park sites. 2. Parks staff spent 36 man hours on curb-side collection of Christmas trees, including chipping those dropped off at the highway barn. 3. Completion of the baseball backstop extension at Coddington Road playing field required 39 man hours. This included repairs to the existing structure as well. 4. Parks contributed 44 man hours to the cleaning of Christopher Circle water tank. 5. All park nature trails were resurfaced with woodchips, requiring 101 man hours. A new section of trail at Tudor Park will be developed in February. 6. Routine maintenance tasks in January took 152 man hours. February Parks Protects : 1. Resume South Hill trail cleaning and drainage improvements. 2. Snow removal. as needed. 3. Attend turfgrass seminar February 10, 1993. 4. Tudor Park trail work. TOl•It1 OF iTiIACA REPORT OF BUILDING PF.RHITS ISSUED FOR THE IIONTN OF JANUARY 1993 YEAR TO DATE TYPE OF a OF 4 OF PERMIT YEAR PERIII'CS AMOUNT PERtIITS MOUNT SItIGLE FA111LY ATTACHED 1993 0 p p 0 RESIDENCES 1992 0 0 0 0 SINGLE, FAMILY DETACHED 1993 2 228, 395 2 2--B,395 RESIDENCES 1992 1 90,000 1 90,000 1993 0 0 0 0 TWO F'AIIZLY RESIDENCES 1992 Of 0 p 0 1,93 1 5,000 1 5,000 RENOVATIONS 199' L 19,000 1 18,000 1393 1 10,000 1 10,000 CONVERSIONS OF USE 1992 L 261000 1 26,000 1993 1 31000 1 3,000 ADDITIONS TO FOOTPRINT 1992 0 0 0 0 1993 0 p 0 0 MULTIPLE RESIDENCES 1992 0 0 p 0 BUSINESS 1993 1 Tompkins Comm, L71,731 1 171 ,731 Iledical Office, Bldg. Renovation 1992 0 0 0 0 1993 0 0 0 p AGRICULTURAL, 1992 0 p 0 0 1993 0 0 0 0 INDUSTRIAL 1992 0 0 0 0 EDUCATIONAL 1993 0 0 0 0 1992 0 0 0 0 MISCELLANEOUS 1 19oodstove 1 , 100 CONSTRUCTION 1 Relocate Barn 10,000 2 Mobile Homes 60,000 1993 4 71, 100 4 74, 100 1992 2 20,000 2 20,000 TOTAL NUMBER OF 1993 10 489,226 10 469, 226 PERMITS ISSUED 1992 5 154,000 5 154,000 ,TOTAL FEES 1993 10 11100 10 1 , 100 RECEIVED 1992 5 420 5 420 Date Prepared: February 1, 1993 Andrew S. Frost Building Inspector/Zoning Enforcement Officer TOWrl OF I111ACA Monthly Report - Jtu►uary 1993 TOTAL CERTIFICATES OF OCCUPAHC`7 ISSUED T11IS HON'I'll . . . . . . . . . . . . . . . . . . . . 15 1. . Building 30 Hasbrouck, Apartments - Temporary. 2. 115 Williams Glen Road - New outside good deck. 3. 136 Seven Ilile Drive, Lot 065 - New mobile home lot.. •1. 289 Ilayts Road - Nev 1>oie barn. 5. 157 Bundy Road - Nev outside ,good deck. G. 131 Hopkins Road - Woodstovn installation and change garage into living space. 7. 250 Troy Road - Existing single-family dwelling. 8. 1381 Taughannock Boulevard - Existing tun-family dwelling. ^. 250 Trey Road barn. lO. 1089 Taughtutnock Boulevard - Addition and renovation to single-familly dwelling. 11. 1031 Hansliaar Road - New carport. 12. 1 @6 Christopher Circle - Addition which converts from one to two-Eamily dwelling. 13. 128 Went Haven Road - New outside iaood deck. 14. 132 Northview Road - New studio addition. 15. Ithaca College Scitoce Building - Temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. - 1993 . . . . . . . . . . . . . . . . . . . 15 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. - 1992 . . . . . . . . . . . . . . . . . . . 12 COlf1'LAT,IITS JNVESTICATIi11 TIIIS 1!011711 . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. 153 Kendall Avenue - soil fill violation - pending permit approval. 2. Birchwood Drive - work in wetlands - no violation found. 3. 373-305 Sheffield Road - property maintenance - pending. 4, 825 D"Inhy Road - fil:�" safety - alJa;tAd. 5. 119 Williams Glen Road - soil fill violation - pending. From DecemhAr 1992; 1. 8;5 Denby Road - building code - abated. 2. 237-239 Codd.i.ngton Road - occupancy violations - abated. 3. 177 Kendall Avenue - property maintenance - abated. 4. 164 R,r.dger•rest Road - building without permit - abated. 5. 251 Coddington Road - abandoned vehicle - abated. G. East Hill Plaza - fire lane signage - pending. From November 1992: 1. 172 Calkins Road - property maintenance - pending. 2. 111 Joanne Drive - building without a permit - pending. Prom October 1992; 1.. 333 West Ping Road - building without a permit - pending 2/10/93 78A. 2. 105 Compton Road - abandoned vehicle - abated. J. 11 Renwick Heights Road - building without permit - abated. Prone June 19:x0: 1. 110 Buttermilk Falls Road - buildlny code - pending appeal before 1175. TOTAL CO11PI.AZ1rTS INVESTIGATED YEAR TO DATE - 1993 . . . . . . . . . . . . . . . . . . . . . 5 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1992 . . . . . . . . . . . . . . . . . . . . . 5 , TOTAL FIELD VISIT'S T11T5 1101RTr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Uniform Building Code - 63 Local IXZw and Zoning Inspections - 21 Fire Safety - 9: 2 apartments (105 total units), 1 day care center, 2 restaurants, 2 churches, 1 nursing home, 1 commercial plaza (20 tenant spaces! Fire Safety Reinspection - 3 (commercial plaza) Fire Occurrgnres - 1 (commercial barn..%rood stove origin) Fire Occurrence Reinspecticn - 2 TOTAL FIELD VISITS YEAR TO DATE - 1993 . . . . . . . . . . . . . . . . . . . . 99 TOTAL F113ID VISITEt YEAR TO DATE - 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 93 TOTAI. SIGN PERMITS TIIIS 110N'ril . . . . . . . . . . . . . . . . . . . . . • • . . . 0 TOTAL SIGN PERMITS YEAR TO DATE - 1993 . . . . . . . . . . . . . . . . • , 0 TOTAL SIGN PERF(TTt; YEAR TO DATE - 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7,0HING BOARD OF APPEAL; 1 11F.:h','1 no - Z NEW CASES - AGENDA ATTACHED TOWN OF IT-1-IACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JA.NUA.RY 13 1993 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY Gr,,EN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, January 13, 1993, in Town Hall, 126 East Seneca, Street, (FIRST Floor, REAR Entrance, S•IEST Side) , Ithaca, N.Y. , COWENCING AT 7:00 P.M. , on the following matters: qD.PPEAL OF CITIZENS SAVINGS BANK, APPELLANT, RANDY B. BROWN, AGENT, REQUESTING A VARIANCu FROM ARTICLE V, SECTION 20, OF THE TG,111 OF ITHACA ZONING ORDINANCE, TO PERI•fIT AN ACCESSORY BUILDING ITITH A BUILDING HEIGHT OF 20 FEET + (1 5 FEET I-A.YIMuI4 *HEIGHT ALLOWED) ON A PROPERTY LOCATED AT 250 TROY ROAD, TOWN OF ITHACA TA3 PARCEL NO. 45-2-14, RESIDENCE DISTRICT R-30. APPEAL OF C.MSTOP-MR AND 11,MINDA HULLER, APPELLPUITS, JAMES H=R, AGENT, REQUESTING A VARIA.NCt-- FROM ARTICLE III, SECTIONS 7 AND 9, OF THE TOY+11 OF ITHACA ZONING ORDINANCE AND SECTION 230- !� A OF NE11 YORK STATE TOWN LAW, TO ALLOW FOR THE CONSTRUCTION OF A SINGLE-FP.iA L RESIDENCE G" ON A PARCEL OF LAND THAT DOES NOT H.AWE ROAD FRONTAGE 011 A TOWN, COUNTY, OR STATE HIGpVIAY, G AND HAVING A LOT DEPTH OF 90 FEET + ( 120 FOOT DEPTH REQUIRED) . SAID PARCEL IS LOCATED NEAR pV WORTH STREET AND 'v= STREET, OiJ TO11-IN OF ITHACA TAX PARCEL NO. 59-1-9, RESIDENCE DISTRICT R-9. VARIANCES FROM ARTICLE III, SECTION 9, I(AY ALSO INCLUDE HA'v-LNG A MINDfUM LOT WIDTH AT THE MAMflJI•( FRONT YARD SETBACK OF 20 FEET + (7 5 FEET REQUIRED) AND A LOT WIDTH AT T?-:E STREET LINE OF 20 FEET (60 FEET BEING REQUIRED) . Said Zoning Board of Appeals will at said time, 7:00 p.m. , and said place, hear all persons support of such matters or objections thereto. Persons may appear by agent or in person. Andrew S. Frost Building Inspector/Zoning Enforcement Officer 273-1747 Dated: January 5, 1992 Publish: January 8, 1992 MEMORANDUM TO: Town Board Members FROM: Floyd Forman, Town Planner DATE: February 5, 1993 RE: Planning Department Activity Report. The following is a synopsis of Planning Department activity for the period January 2, 1993 through February 5, 1993: Comprehensive Plan (CPC} The Comprehensive Planning Committee (CPC) held its final meeting on January 12. The Committee reviewed the Executive Summary, along with all of the Inventory Maps. The CPC approved the maps with some modifications. The Committee also requested some minor modifications to the document itself. Following its review, the CPC unanimously passed a resolution transmitting the draft Comprehensive Plan to the Planning Board for its consideration and adoption. The draft Comprehensive Plan is now available for review by the public. Planning Board The Planning Board met on January 5, January 19 and February 2. On January 5, the Planning Board approved a five lot subdivision for the 66 acre Jones Farm on Troy Rd. At its January 19 meeting, the Planning Board received the Comprehensive Plan from David Klein, the Chairman of the Comprehensive Planning Committee. The Planning Board will review the document, hold neighborhood meetings, a public hearing and make any changes it deems appropriate prior to adoption of the Plan. The Planning Board also approved a site plan for temporary office trailers at Cornell's Wilson Laboratory on Route 366 near Judd Falls Rd. Finally at the January 19 meeting, the Planning Board continued the public hearing for 60 days on Tom Bell's request to be allowed to convert a portion of his warehouse, behind his convenience store on Elmira Rd., to retail. This continuation will allow the i applicant.more time to produce information that the Planning Board needs to make an informed decision. At its February 2 meeting, the Planning Board recommended to the Town Board that it grant Orlando Iacovelli's request to rezone his property at 237 Coddington Rd. from R-9 to Multiple Residence. This recommendation was made by the Planning Board with a number of suggested conditions. The Planning Board also approved a two lot subdivision at 925 Coddington Rd. Codes and Ordinances (COC) The Codes and Ordinances Committee met on February 3. The Committee forwarded to the Planning Board for its review and comment, the draft Steep Slope EPOD. The Planning Board will hold a public hearing on the proposed legislation in March, prior to Town Board review. The COC also recommended changes to the Town's Zoning Ordinance, the Real Property pe ty Maintenance Law and the Subdivision Regulations. Conservation Advisory Council (CAC) Planning staff is assisting the CAC with its recommendation to the Town Board on a policy concerning site development or subdivision in any area with potential wetlands. Cornell Generic Environmental Impact Statement (GEIS) On February 3, Cornell delivered revised copies of the GEIS to the Planning Board. The Planning Board will have 30 days to determine if the revised document is satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review. Miscellaneous Staff continues to work on construction drawings for the South Hill Trail. Planning staff is working with the Town Supervisor, a Town Board member, and the Town Attorney for a presentation before the Association of Towns Annual Meeting, in February. Staff continues to work with the MPO Planning Committee to develop a budget and work program for the Policy Committee's approval. Staff met with individuals requesting assistance with development projects. Town Engineer's Report for the February 8, 1993 Town Board Meeting. CAPITAL IMPROVEMENTS PROJECTS 1989 Water and Sewer Improvements - Inlet Valley Phase II Permits and easements are in place and -the Contractor is on schedule with submissions. The Contractor anticipates mobilization in March 1993 and a full construction start in April 1993. 1993 Capital Improvement Program The Town Engineering Staff is preparing a list of needed Capital Improvement Projects for review at the Public Works Committee prior to a recommendation to the full Board. ADMINISTRATION Development Review The Town Engineer has provided development review services for the following projects: I. Mancini Subdivision 2. Thomas Bell Warehouse site plan review 3. CU Wilson Lab Temporary office facilities site plan 4. Max's Drive Subdivision 5. Leonardo Subdivision 6. Farrell/Phayre Subdivision , 7 . Willet Subdivision - Vine Street Compliance Review and Coordination Several projects have been approved for construction and the Engineering staff has been inspecting work as required. Projects currently in progress include: 1. Deer Run Phase IIIB & Marcy Court - Final approval is pending receipt of pressure test results and record drawings. 2. Laketop/Weisburd Subdivision - Assistance in the preparation of the plans for water and sewer connections and review of the sediment and erosion control plans during construction. 3. TCH Heating Plant Demolition - Review of demolition and sediment and erosion control plans, compliance inspections of the demolition and fill process. i TOWN ENGINEER'S REPORT February 8, 1993 Page 2 Excavation and Fill Permits 1. 1335 Slaterville Road, driveway construction Cornell University Precinct 7 GEIS 1. Review of Revised Document received by Planning Board February 2, 1993. PUBLIC WORKS Mapping The Town of Ithaca Engineering Department is continuing to coordinate work on documenting and protecting monuments set for the GPS mapping project for Tompkins County, the City of Ithaca, NYSEG, and Cornell University. Mapping products are scheduled for completion in April of 1993 and meetings regarding data format and delivery are ongoing. Water The Town Engineer has continued to work with the Bolton Point Staff, Cornell University, and the Town of Dryden, to develop a plan and proposal for construction of additional storage capacity on East Hill. This project was first identified as a need in an engineering study commissioned by the Town Board in 1983. This project will be included in the capital improvement plan to be developed for the Town. Sewer The Town Engineering Staff is working with the City of Ithaca to design a solution to the Kline Road/Fall Creek Siphon problem. The design has been completed by the Town Engineering staff and is being reviewed by the City Engineer. A cost allocation has been developed and contract documents are being prepared for a contract to be issued in the Spring. Mitchell Street Walkway Completion work is scheduled for Spring. MPO - Metropolitan Planning Organization The Town Engineer is a member"of the MPO Planning committee and is working with the Highway Superintendent to develop a list of highway projects to include on the 1993 TIP. ERPT9302/ENGMEMO/02/08/93/DRVI/mb TOWN OF ITHACA RECEIVER OF TAXES January 1993 Monthly Report 1993 Tax Warrant - Town of Ithaca Total Town Warrant : S 3 , 1.61 , 380 . 64 1. 114193 Payment : Town of Ithaca Supervisor - 500 . 000 . 00 (Tax Bill Receipts : 114 - 1111 ) 1121193 Payment : Town of Ithaca Supervisor - 1 , 000 , 000 . 00 (.Tax Bill Receipts : 1115 - 1120 ) 1129193 Payment : Town of Ithaca Supervisor - 950 , 000 . 00 (T'ax Bill Receipts : 1121 -1129 ) 1129193 Payment : Town of Ithaca Supervisor - 71. 1 . 380 . 64 TOTAL WARRANT BALANCE DUE - 1131193 $ -0- 1993 In Lieu of Taxes Payments : 1. 114193 - Tompkins County Medical Office Building S 8 , 704 . 07 1129193 NCR 20 , 828 . 09 TOTAL IN LIEU OF TAXES PAID TO DATE: $ 29 , 532 . 16 1993 Tax Roll Installment Payments Total Number of Installment Payments : 370 Total Collected - Installment Pavments : S 283 , 403 . 94 Total Collected - ( $ 1 . 00 Fee Per Installment ) $ 370 . 00 Total Installment Service Charge Paid to Tompkins County Budget and Finance : $ 14 , 170 . 00 1993 Tax Warrant - Tompkins County Total County Warrant : $ 3 . 197 . 716 . 26 Statement of Doria Higgins, 2 Hillcrest Drive, to Ithaca Town Board February 8, 1993 As some of you may know, in October 1983 the Town of Ithaca, the City of Ithaca and New York State Parks signed a tripartite agreement in which Fingerlakes Region of State Parks promised to build a biking/hiking trail (the Cayuga Inlet trail) from Treman Marina State Park to Buttermilk Falls State Park. There was no mention whatsoever in the agreement of the so-called "Festival Lands" — 15 acres of City of Ithaca-owned land directly adjacent to Treman Marina and without acquisition of which State Parks cannot enlarge the marina. In June of 1992, Andy Mazzella, Director of Fingerlakes Region of State Parks, told the City of Ithaca Southwest Area Committee that unless the City gave him the Festival Lands he would not construct the bike trail. And on June 22, 1992, Town of Ithaca Supervisor Shirley Raffensperger wrote Mayor Nichols a letter asking for clarification of the situation and expressing concern over the possibility that State Parks intended to abrogate the agreement. On December 11 , 1992, our group, Citizens to Save Our Parks, wrote Orin Lehman, Commissioner of OPRHP, asking if OPRHP did indeed intend to renege on its 1983 agreement with the City and Town of Ithaca. On January 30, 1993, last month, we received a reply to that letter from Andy Mazzella, in which he said that the transfer of Festival Lands was linked to the construction of the bike trail and that Common Council in 1985 had "established" that linkage. No one that we have talked to about the matter on the City side knows what he is talking about. We have reviewed the 1985 minutes of Common Council for mention of the "Festival Lands" and the "Cayuga Inlet Trail" and there is no mention of such a linkage in these minutes. Mr. Mazzella told us he was referring to conversations he had had with City officials. This is not the first time that Mr. Mazzella has asserted that the City owed him the Festival Lands on grounds that are inaccurate. For the past several years he has also been insisting that the City promised him the Festival Lands (In a license signed by him and Mayor Gutenberger in 1985) in exchange for use of the ball fields at Buttermilk Falls State Parks. The second clause of that document clearly said that it was "subject" to approval from the State and Common Council. Common Council never has given that approval, and in fact passed a two-sentence resolution in May 1990 saying that the City "has not made a prior commitment to transfer the Festival Lands to the State of New York." It may be because of that resolution that Andy is now trying this other tack of "linking" transfer of the Festival Lands to completion of the bike trail. We bring all this to your attention in the hope that you can forestall further attempts to manipulate the sense of the 1983 agreement by reminding Mr. Mazzella that it was a trigartite agreement and not one which he can unilaterally change according to his own wishes. We think such a reminder from you by putting him in touch with the reality of the situation might help to prevent further flights of fancy which, if taken seriously at some point in the future, might interfere with the construction of the bike trail, which is long overdue as it is. i qQ&etk lok.h�r' M ' Q � m b New York State Office of Parks, Recreation and Historic Preservation ew YonK STATE ' Finger Lakes Region Taughannock Park Road, Trumansburg, New York 14886-0721 607.387.7041, FAX 607.387.3390 tmmission Chair: Orin Lehman, Commissioner Margaret L.Clynes Andrew R. T4lazzella, Regional Director Commission Members: � Mrs. Catherine Benino David Durkee Dominic Serrott January 25, 1993 Mrs.Louise v, siioman Rowland Stebbins.III Clement Granoti Ms. Doria Higgins C-e.LveJ 2 Hillcrest Drive Ithaca, NY 14850 Dear Doria: Commissioner Lehman has asked me to respond to your recent letters regarding the Festival Lands. As to the matter of acquiring property by eminent domain, I believe it would be premature to even consider this type of action. As you are aware, there is still good faith discussion being held with the City of Ithaca. The threat of eminent domain should have no part in those discussions . e. The 1983 agreement between the City, Town and State Parks relating to the Cayuga Inlet Trail has always been considered a valid and binding con- tract. The linkage between that agreement and the agreement to transfer Festival Lands to Stage Parks was established by members of the Common Council in 1985, and I have subscribed and agreed to their proposal that the trail be tied to the transfer of the Festival property. The resolution adopted on January 6, 1993 strongly reinforces the City' s previous position and stated desire to bind the two actions together. The Commissioner will review the preliminary draft of the Allan H. Treman draft master plan and environmental impact statement along with com- ments received from the City before approving a draft for public comment. Fallowing the comment period', any additional comments or concerns will be discussed. I 'm sure your comments and concerns will be addressed during this process. Please be assured that I will advise you as to when the draft plan will be available. Most sincerely, FINGER LAKES STATE PARK, RECREATION AND HI ORIC PRESERVATIOi•; REGION Andrew R. 4;ella ARM:ts Regional Director An Equal Opportunity Employer Agenda #11 ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK 146 S:�ic Street Albany.N.Y. 12207 1993 Resolutions Reported to Date by the Resolutions Committee of the Association of Towns of the State of New York U1-G_ MAY-FIlND1MG-The Association of Towns supports the implementation and funding of the Dedicated Highway and Bridge Trust Fund for State fiscal year (SFY) 1993-94, c9n. liiaQ.LlOSdLr0 _ad brides c��lFoneIlt financed at levels which will, at a minimum, maintain current levels of assist4nce received by towns thro,igh the CHIPS and f1a,,-c,eselli Aid r rogrrn - Should the Trust Fund not be funded for any reason in SFY 1993-94, the CHIPS Program must remain intact and fully funded at SFY 1991-92 levels. flEV�UUE S.HAnIN_G -State revenue sharing funding for towns has fallen to S35 million from a high of S150 million in 1989. The Association calls upon the Governor and Legislature to Continue to fund this essential aid program and to prevent any further erosion beyond the catastrophic reductions imposed to date. While. some point the finger at local property taxes as the reason behind our States' leadership in overall tax burden, the reel culprit is the decade Iona shigt of Federal and State fiscal problems onto the regressive local property tax base. That shil must stop. Revenue sharing must be restored to its place as a cornerstone of a State/local partnership supported by the broad based taxes available only to the State. CEMEMELl.TaYSIEM- The Association of Towns calls upon the three branches of State government to return the New York State and Local Employees' Retirement System to its members. Tr to current litigation should be settled in a fashion which permits a smooth transformation from Gne ill-cotnceivec PUC method back to the stable, predictable Aggregate valuation method, crediting local governments for the local aid reductions which were imposed when PUC was first implemented. LANDFJLL_C_LQSJURE,- i the Association of Towns supports regulatory fiexibili:y which will enable towns to forego the Cost of landfill closure of non-haumrintlS and non-polluting landfills �,vit`i nxistina ,�i;lni:nrirlg wells. 111r1Pr"�T-EEE2- The Association of Tovms calls upon tine Lepislature and Governor to approve enabling legislation Which would dive local governments the option to impose and collect an impact fee on new development which adversely impacts the capital infrastructure and service provision capacity of local government. Twenty states now authorize the use of impact fees. A comprehensive etnablino statute will promote local planning and provide a degree of certainty for both developers and community leaders concemed about the impact of new development on existing capital infrastructure. SEEC.I&LFJRAN-HLSEAS_SE ,SMEi T-S-The Association of Towns calls upon the Governor and Legislature to revamp the current methods for the assessment of special franchise property. Current data from the State Board of Equalization and Assessment (SBEA) unequivocally show a steady and continuing reduction in the real property assessments of utility properties across New York State. The Association supports legislation whereby special franchise assessments will be determined by the local assessor applying the local uniform percentage to the market value determined by the SBEA. TO-W-NQU_QGET FLEXIIS.1LJIY- The Association urges the adoption of legislation which would eliminate It current restrictions on use of sales tax revenue in town budgets. Town supervisors and town boards need to have the flexibility and authority to react to unanticipated revenue demands throughout their town budget without having to resort unnecessarily to debt instruments in order to overcome budgeting shortfalls. D�LIf�4UENLI/��NQ21C�S -The Association of Towns urges the Legislature and Governor to repeal the recent mandate requiring collectors to send a notice of unpaid property taxes to all property owners at the expiration of the interest-free period. The sending of a notice of unpaid property taxes where tax payments are not escrowed with a mortgagee bank should be made optional for each local government. SEAL-1?AQPERTY-TA&IIECEI.I?Ta- The recent mandate requiring tax collectors and receivers to furnish tax receipts in event' instance should be reversed allowing the retum to prior practice of providing a tax receipt when requested or when taxes are paid in person. The requirement of a tax receipt in every case should be left as an option only, to be considered by each local government. [NTFF3ldUNIQ P_AI._CQO_P_EHA.ILQN, - The Association urges the Legislature and Governor to adopt legislation which would facilitate intermunicipal cooperation of all governments in New York State by: 1) removing any statutory barriers hindering vo;ur�tary!Crlope,at'Oni Z,"d t!, Sll?'i�e� of Services by two or more entities and 2) providing meaningful incentives designed to encourage intermunicipal cooperation. GQ1Nj3-OU,T- F-BUSINESS-SALES - The Association of Towns calls upon the Governor and Legislature to amend the General Business Law to authorize town, village and city clerks to retain half of the application fee required by statute for a going-out-of-business sale license. UTJL]TY TAX"_HO.EM - The Association of Towns requests that the same enabling authority currently enjoyed by cities and villages to impose, at local option, a gross receipts tax on utilities in order to help reduce the current real property tax burden. EEAL.P-ROPERTY TRAXSEERIIAX-The Association c(Towns urges the approval of legislation authorizing, at local option, the Imposition of a real estate transfer tax. The option of imposing a transfer tax on real estate transactions will assist in the broadening of revenue raising capacity at the local government level and, thus, relieve the pressure on local property taxes. FINAL 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 126 E. Seneca St. Ithaca, NY 14850 Date of Posting: January 29, 1993 Date of Publication: January 29, 1993 Town Clerk.- Town of Ithaca STATE OF NEW YORK OUNTY OF TOMPXINS ss, 01'TN OF I T HACA ) Sworn to and subscribed before me this day of 19 LEAH 8.CARPENTER Notary Public,State of New York Oualified in Tompkins Co.No.4797172 My Commission Expires April 30, 19—M -Notary Public NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Ithaca at 126 East Seneca Street, Ithaca, New York, on the 8th day of February, 1993 at 7:00 p.m. concerning a proposed local law pursuant to which agricultural assessments, rather than full market value assessments, will be used in calculating the benefit levy and special ad valorem levy for fire protection district taxes on lands used for agricultural purposes in the Town of Ithaca. At such time and place all persons interested in the subject matter thereof will be heard concerning the same. Dated: January 27, 1993 Joan 4ent Hamilton, Town Clerk, Town of Ithaca he'�Ithk "Journal Friday. Janugry 29-`199 11 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY that a rblic hearing will be held before the Town,Hoard of the Town of Ithaca ct 126 East Seneca Street, Ilhocc, New Ycrc, on the 8th day of Feb:' ruary, 1993 el 7:00 .m. concerning a proposed 1pocal i law pursuant to which og•ti riculturai assessments, rolher :hon full market voluo assess monts, will be used in'cot t culating the bonefit levy and spoceaf ad valorem levy for- hra prototlion district toms on lands used iw agricultural ppurposes in tho Town of Ptur%, At such time aisd rco all persons interested in subject mcner thoreof will-� be heard ccrcerning Iho r same. .Joqq Lena HarniltoP. Tovs;j i • CloA Tcwn of ithxallllll tJanuary 29, 4_1