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HomeMy WebLinkAboutTB Minutes 1993-03-07 OF 1 T`- TOWN OF ITHACA o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting March 7 , 1994 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Town Officials a . Town Supervisor b . Town Engineer - Engineering / Planning c . Town Highway Superintendent d . Town Building Inspector / Zoning Officer e . Towr. Clerk / Receiver of Taxes 49 Review of Correspondence . a . NYS Office of Mental Retardation / Developmental Disabilities b . Liese Bronfenbrenner c . Lisa. K . Thompson 5 . Report of Town Committees . 6 . Report of Tompkins County Board of Representatives . a . Downstream Forest Home Bridge 7 . 6 : 15 p . m . - PERSONS TO BE HEARD , 8 . 6 : 30 p . m . - Presentation by Michael B . Stamm , President , Tompkins County Area Development , Inc . 99 7 : 00 p . m . - PUBLIC HEARING : To consider a Local Law rezoning certain properties amount to approximately 5 . 8 acres along Ridgecrest Road from Residence District R - 30 to Residence District R - 15 , and adjusting the official Zoning Map accordingly . 10 . Consider SEQR related to a Local Law rezoning certain properties amounting to approximately 5 . 8 acres along Ridgecrest Road from Residence District R - 30 to Residence District R - 15 , and adjusting the official Zoning Map accordingly . 11 . Consider enactment of a Local Law rezoning certain properties amounting to approximately 5 . 8 acres along Ridgecrest Road from Residence District R - 30 to Residence District R 715 , and adjusting the official Zoning Map accordingly . 12 . Consider- resolution approving and / or authorizing the following : a . Town Board Meeting Minutes - February 7 , February 11 , February 24 , 1994 . b . TOWN OF ITHACA WARRANTS c . BOLTON POINT WARRANTS TB Agenda 3 / 7 / 94 page 2 12 . Continued : d . Ratification of Interim Report - SARA Archival Grant . e . Progress report Inlet Valley Archeological Survey . f . Authorization to participate in Cornell Summer CIVITAS Program . g . Bid acceptance , Highway Roadside Hower . h . Appointment of member to the Conservation Board . i . Updated job description for Parks / Grounds Assistant . j . Updated job description for Secretary to the Building / Zoning Department . k . Appointment of Julie Bunn as temporary part - time employee . 13 . Consider setting Public Hearing to discuss extension of Town Supervisor ' s Term of Office for future terms . 14 . Consider agreement between the Town of Ithaca and Tompkins County regarding operating expenses for transportation and human services . 15 . Consider procedure of payment to Tompkins County for election expenses . 16 . Consider review of Benefit Tax Assessment Exemption , Tompkins County property . 17 . Consider Benefit Tax Assessment Exemption , Ernest Hardy . 18 . Consider approval of Interviewing Committee for selection of Planning Board Members . 19 . Consider participation in County Cable Commission . 20 . Consider authorization for Attorney for the Town to investigate the deficiencies in franchise payment from American Community Cablevision , 21 . Consider the Town ' s position regarding the class action brought by Consolidated Rail Corporation against the State Board of Equalization and Assessment , et al . 22 . Consider establishment of Town Park and Open Space Acquisition Trust Fund . 23 , - Consider appropriate payment regarding " In Lieu. of Park Land " , for Little Subdivision . 24 . Consider proposing a Local Law authorizing payment for moving expenses for new out of Town employees . 25 . Consider EXECUTIVE SESSION . 26 . Consider ADJOURNMENT . Town Board Meeting March 7 , 1994 Agenda Additional 1 . Consider appointment of Part - Time Account Clerk / Typist Town of Ithaca FINAL Town Board Meeting Minutes March 7 , 1994 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , there were : PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino , Councilwoman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley , Councilman . EXCUSED : Karl Niklas , Councilman ALSO PRESENT : Joan Lent Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , P . E . , Town Engineer ; Fred Noteboom , Superintendent of Highways ; Patricia Punger , Personnel Director ; .Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ; George Frantz , Assistant Town Planner , Craig Martin ; Jack Little ; Amy Little ; Randy Brown , Citizens Savings Bank ; William Rich ; Cheryl Baker ; Michael Stamm , Tompkins County Area Development , Inc . ; Tim Joseph , Tompkins County Board of Representative= s . Call to Order :_ The Supervisor called the meeting to order at 5 : 30 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of Town Officials : a . Town Supervisor ' s Report - Supervisor Whitcomb added an additional item to the agenda , to consider the appointment of a part - time account clerk typist . The Town ' s independent auditors will be arriving on March 21 . Supervisor Whitcomb will be on vacation the :Last two weeks of March , Councilwoman Valentino will be handling all Town business during that time . There have been calls about the new water rates . The difference is now there is a minimum charge . People who use very little water are upset because the minimum charge is for 10 , 000 gallons a quarter . It :impacts the hardest on the elderly . This will be an item to review during the budget process for 1995 . The rates were decided last year during a public hearing and budget process . Councilwoman Grigorov asked how much money does this involve . Mrs . Noteboom responded it depends on the billing , for most people it averages an increase of $ 5 . 00 to $ 8 . 00 per quarter . .t Councilman Conley asked if there were an estimate of how much that would cost the Town if it were changed ? TB Minutes 3 / 7 / 94 Page 2 . Ms . Alario said Mr . Walker should have those numbers from his calculations while preparing the budget for 1994 . Mr . Walker said he did not have those numbers in a gross manner , the increase is generally $ 4 . 00 to $ 5 . 00 per account: . Councilman Conley asked if the numbers of how many people use the minimum amount were available ? Mr . Walker and Ms . Alario said they would look into finding those amounts . Supervisor Whitcomb mentioned the Town has received between 45 and 50 resumes fo :r the Town Planner position . Those Board members on the screening committee will find those resumes in their mailbox . Mrs . Punger has screened them and given resumes of the top qualified candidates to the selection committee . Any Board member is invited to review all of the resumes . The Town newsletter will be going out in early April . The Joint Sewer Agreement and the Fire Contract are both scheduled for renegotiation this year . The Supervisor has meetings with the City Mayor and Fire Chief regarding those contracts . Supervisor Whitcomb commended the Highway Department for the terrific job they have done this winter despite the complaints received regarding mailboxes and plugged driveways . Mr . Noteboom will report on the highway budget during his report . The Town Board echoed the Supervisor ' s compliments to the Highway Department , The Town has received the fourth quarter 1993 sales tax revenue amounting to $ 469 , 951 , more than expected . The Supervisor and Assistant Budget Officer are working with the auditors to determine the amount to hold into reserve and how much can be added to the Capital Reserve , Ms . Alario said presently there is $ 627 , 000 in the reserve , of which $ 250 , 000 was authorized previously . The Board also instructed any additional revenues would be placed in the fund . Attorney Barney explained the Town was accounting incorrectly for sales tax revenues . They were to be accounted for in the year they were collected. even if the Town did not receive them until after the new year . The Town changed that last year which meant the Town received five quarters of sales tax revenue in 1993 instead of four . This will not happen each year . I I TB Minutes 3 ; 7 / 94 Page 3 . b . Town Engineer ' s Report : Mr . Walker reported on his written report and highlighted the Forest Home Bridge Replacement Project , Councilman Klein presented the Town Board ' s resolution to the County Public: Works Committee . As a result of the .resolution and discussions :by the Tompkins County Public Works Committee , the County has postponed the construction date for the bridge until 1995 . This will allow time without pressure for approval to insure the residents the project will be satisfactory to them , and the Town will be aware fully of all costs . The $ 30 , 000 budgeted for the project this year will probably not be sufficient to handle the Town ' s share including the walkway and historic preservation if there is not cost sharing from ISTEA funding . Councilwoman Harrison said that is what the County Engineer suggested , the Town should pay for the historic preservation , but no one has formally agreed to that presently . Mr . Walker said it is an unknown , by not having to build the project until_ 1995 the Town will have time and can remind the County to design the project to allow input as was not the recent case . Councilwoman Harrison asked if the Town has an idea how this project coincides with funding that may or may not be received from ISTEA . Mr . Walker said if the ISTEA funds are forthcoming there will be no problem with the Town ' s amount budgeted . Councilwoman Harrison said she was referring to the timing , is there any chance ISTEA will say it cannot be put off until 1995 ? Mr . Walker believed the project can get underway by letting a contract this fiscal year , especially if the ISTEA funding is received . Councilwoman Harrison asked if the Town of Ithaca were on the list to be notified regarding those ISTEA funds ? Mr . Walker said he would make sure to keep in contact with ISTEA . The Town is represented on the MPO Committee which would know the status of the funding . Supervisor Whitcomb said it is the County Engineer ' s contention the Town should be responsible for the historic components of the bridge . Conversations with various County Board Representatives shows that is not necessarily the opinion of the County Board . Payment of the historic preservation is up for negotiation . TB Minutes 3 % 7 / 94 Page 4 . Mr . Walker said Saturday there was a significant water main break on Snyder Hill Road . It caused damage to a residence on the road . Water came out of the ground and floated across the yard flooding a basement apartment . A claim for damages will be made to the Town . This is the third case like this within the last year . One occurred on Snyder Hill Road , one on Danby Road , and one on Warren Road . These occurrences are results of water flowing over the surface of the ground and going against a foundation wall . The Town may be able to make some argument that if drainage around the property is properly designed the water would not enter the house . The fact that the water originated from the Town water main puts some liability on the Town . The claim is being processed through the Town ' s liability insurance . Mr . Walker directed each homeowner to submit claims to their own insurance first and if it is not covered they can apply to the Town for relief . On a claim of less than $ 1 , 000 , if the Town acknowledges liability the Town should pay for it out of the budget rather than submitting a claim on the insurance because of what it may do to the rates . Ms . Punger said the Town ' s insurance agent does not feel the Town has enough claims for this to effect the rates at the present time . Mr . Walker hesitates to recommend paying all claims where water flows over the surface of the ground , because any time it rained hard there may be claims . Mr . Frost asked if whether the apartment damaged was a legal apartment ? Mr . Walker said the investigation for the Warren Road incident has not been fully completed . Councilwoman Valentino knows people who tried to rent the apartment on Snyder Hill Road and they said it was in very bad condition . There was heavy damage previously , not from a water main break . Mr . Walker said the maintenance man was on site and the landlord had told him , it was probably ground water seepage and not a large problem . The water main break contributed to the problem , there was more than just seepage . Mr . Walker thanked the Highway Department who started working on the break at 1 : 00 a . m . Saturday morning , and finally_ went home about 7 : 00 p . m . Saturday night because of the severity of the break . TB Minutes 3 / 7 / 94 Page 5 . Councilwoman Harrison asked what caused the break ? Mr . Walker responded frost and possibly poor construction . It was cast iron pipe installed in the 1950 ' s with no construction inspection . Now there is full time construction inspection . Mr . Walker :reported on the written report for the Planning Department , ( see attached ) . The draft GEIS is about ready to come before the Town Board . Councilwoman Harrison asked if the GEIS would come to the Town Board as a public hearing for possible enactment as a Local Law ? Mr . Walker said the SLUD will come before the Town Board for approval . The Planning Board is going through the findings process now then it will be recommended for enactment as a local law . Mr . Walker said that this spring the Town will receive many calls from residents about flooding and drainage problems . The Highway Department will continue to address each as soon as possible . They have been doing an excellent job thus far . c . Highway Superintendent Report - Mr . Noteboom asked if there were any questions regarding his written report , ( see attached ) ? Mr . Noteboom thanked Mr . Frost for the training on hazardous materials the department had this month . Mr . Noteboom reported on the snow removal costs for January and February . Overall the Highway Department has used 59 % of the budget for snow , and 54 % of the materials budget ( salt , sand , etc . ) . Last year at this time the Town had used 47 % of the materials budget . The overall labor hours used has been 62 % of the budget in both regular and overtime hours . The overtime hours are up 17 % , and the regular hours are up 23 % , the total hours are up 21 `-x . The money spent overtime and regular hours is up 22 % . The recent stor i m s not calculated in these figures . If the weather cooperates the department should make it through the year within the budgeted amounts . d . Building Inspector / Zoning Officer Report - Mr . Frost reviewed his monthly report with the Board , ( see attached ) . TB Minutes 3 ,17 / 94 Page 6 , Councilman Conley commented that across the street from his home is a fire hydrant which is no longer visible because the snow is covering it . There should be some awareness this is happening . The Town , Fire Department , or someone should be responsible for cleaning the snow from around them . Maybe the neighbors could be encouraged to do it . Mr . Noteboom said they ask people when they call to clean around the hydrants . The Fire Department does take responsibility for the hydrants , but. they do no always go out as quickly as they should . Councilman Conley asked that the Fire Department be notified to take care of this snow maintenance . Mr . Frost asked if there were a stake on the hydrant that indicated its location ? Councilman Conley said there is no stake now , but there was one last year . Mr . Noteboom said the Highway Department has acquired some new metal markings for the hydrants . They will be permanent and numbered when they are installed . Mr . Walker said the Fire Department has location maps of all the fire hydrants in the Town . The markers are important , the Fire Department usually lets the Town know when they have a problem getting to the hydrants . d . Town Clerk / Receiver of Taxes Report - Mrs . Noteboom reported on her written reports , ( see attached ) . The State Board of Equalization and Assessment has recommended a new format for the tax bill . Of the 12 to 14 recommendations the Town of Ithaca already complies with 10 . The only recommendation which is of concern is the one where they say the tax bill should be sent to the homeowner as well as the escrow agent . That will double the postage and create problems when bills are paid twice when residents assume the bill is not being paid by the escrow agents . If this were :instituted the Town would put a sticker_ on the bill indicating the bill has been sent to the escrow agent and the bill can be disregarded . Mrs . Noteboom reported she was contacted by SARA about their records management newsletter called " For the Record " .. In 1994 the Town of Ithaca will be featured in the newsletter about our records management program . TB Minutes 3 / 7 / 94 Page 7 . Mr , Morgan Barkley also has informed us the state SUNY college system is developing an associates degree program in records management avid they are publicizing to encourage students to enter this degree program . SARA will be making a promotional video and have asked that the Town of Ithaca be among seven other towns for possible selection of appearance in the video . If the Town of Ithaca were chosen to do the video a professional video company will come to film our program and conduct an interview with Mrs . Noteboom . Councilman Klein asked about the report on dog enumeration and how the Town could use not for profit agencies to complete one ? The Town is presently under counted for dogs and has lost revenue from dog licenses . The SPCA had suggested that the Town improve upon the enumeration system . It has never worked out very well because the Town can not seem to keep a dog enumerator once they are hired . Mrs . Noteboom said the Town should be able to put together a better enumeration program . Not for profit agencies , such as the Boy Scouts could be used by giving a fee to the troop for each dog counted . However , the Town would have to be careful of the liability issue . The Attorney for the Town could devise a contract with the not for profit agency to address that issue . It is hoped that the program can be put together by June , so the enumerators can count the dogs this summer . Supervisor Whitcomb asked the Attorney for the Town , the Assistant Budget Officer , and Personnel Director if they had anything for the Board . They all declined any comments . Agenda Item No . 23 - " In Lieu of Park Land " for Little Subdivision : Mr . Walker explained a resolution from the Planning Board to the Town Board asked the Town Board to consider what amount of payment " In Lieu of Park Land " would be appropriate for the subdivision proposed by Mr . and Mrs . Little , the property previously known as the " Jones Fa= " . The parks plan. for the South Hill area does not show a park in that vicinity . One lot of approximately 24 acres has been requested by the Little ' s to remain large and open . One end of that lot is currently above the area where municipal water exists making development there unattractive . Mr . Little addressed the Town Board with his proposal for the property . Mr .. and Mrs . Little are proposing a five building lot subdivision with six parcels . The biggest parcel is about 23 acres is where they will build their home . There are three lots that will come out onto Troy Road , and one lot that will exit onto Ridgecrest Road . TB Minutes 3 / 7 / 94 Page 8 , Mr . Little said there are two proposals . During discussions with the Planning Board a set aside was talked about to protect the wetlands running through the middle of the parcel . Mr . and Mrs . Little wanted. to keep the wetlands on their land so they could be protected . None of the land is suitable for a park , :but access off of Ridgecrest. Road could be made along the wetland to access out onto Troy Road . The first proposal would give an easement to the Town for that land to protect the wetlands and provide public access by a foot path through it . In addition a voluntary contribution of $ 200 . 00 per building lot at the time of building permit application would be made . Also , Mr . Walker has indicated the Town would like to be able to bring water from Ridgecrest Road over to Troy Road to service some of the people whose wells run dry in the summer . A path would be designed to provide the Town access for the water easement . It would have to be a conditional easement stating the water lines be completed within one year from the time it is approved . Mr . and Mrs . Little do not wish to have their lawn and gardens dup up after the construction of the house . This would be a one time opportunity to complete the water lines before any building would be done . Mr . Little said when the other three lots are sold , if they have well water , it may make the water problem worse . Mr . and Mrs . Little said they will provide water to those three :Lots . It has been discussed to they pay the sum of $ 2 , 000 for each hook up for those three lots toward the cost of the water line going across , as well as the cost to provide water from their house to the road . Mr . Little said he has had conversations with Betsy Darlington from the Finger Lakes Land Trust regarding a conservation easement on the property . They decided to wait until it was known what the subdivision would be before putting forth any proposal . Mr . and Mrs . Little ' s second option is to have the water line remain as talked about in the first proposal , but instead of the Little ' s makir.Lg an easement to the Town for the walking path , the Little ' s would consider taking all the lands at the head of the wetlands including 8 to 10 acres and putting a conservation easement on the entire portion so it could never be developed further in the future . Mr . and Mrs . Little said they would be willing to do - this , they would not be willing to have a large piece of land put in a conservation easement and have public access to it because the Christmas trees to be planted there may be damaged . TB Minutes 3 / 7 / 94 Page 9 . Mr . Little said they would give a conservation easement to the Finger Lakes Land Trust with a contribution of the $ 200 per lot to them for a Rind to maintain the land . Supervisor Whitcomb said in earlier discussions it was considered to put a deed restriction on the subdivided lots that there would be no further subdivision on the lots being divided off the parcel . Mr . Little said the two lots that face Troy Road are 2 . 28 acres , parcel D is 4 acres , and parcel E is 9 acres . Mr . and Mrs . Little would have no problem saying all of them could not be further subdivided . Mr . Little said he would be hesitant in doing that with the lot he intends to build his home on as it is approximately 23 acres . The portion being discussed for the conservation easement is between 8 and 10 acres which would come off the 23 acres . Supervisor Whitcomb explained this started as a result of a question by the Planning Board as to how to interpret the Subdivision Regulations , and Article 277 of Town Law regarding the 10 % set aside the Town has the option of requiring from those who subdivide land for park land purposes . Councilwoman c; rigorov said there is precedent for using a trail as a set aside . Councilwoman Harrison asked how the proposal of the water extension relates to the Comprehensive Plan ' s program for the extension of water and sewer lines ? Mr . Walker explained the petition for water on Troy Road , and the informal request from the Coddington Road Community Center would be considered an. infill rather than extensions because water is available now along Ridgecrest and East King Road , South Woods does not have water , but the subdivision plan includes extending the water and sewer to it . Effectively there is water around the parcel . Councilwoman Harrison asked what the implications would be regarding further development ? Supervisor Whitcomb said none , because there is no further subdivision available on the road with the exception of two landowners further north who own larger parcels and who are not interested in subdividing . Councilman Conley said Mr . Little mentioned the water proposal was a one time offer , if this were accepted , could the water lines be put in with the one year deadline ? TB Minutes 3 / 7 / 94 Page 10 . Mr . Walker responded it would be physically and financially possible before the 1994 / 1995 building season . The Town has had two serious requests for water because property owners do not have water many months out of the year . Mr . Walker recommended the Town give these people water as it will not adversely impact other people . The Coddington Road Community Center operates a day care center , it is partially funded by the Town , and they are in desperate need of water . Councilwoman Harrison asked if the Coddington Road Community Center were tied into this in some way ? Mr . Walker said they are because it would be cost effective to build both extensions at the same time with the same contractor . Councilwoman Grigorov said that would then open up a few more lots along the way . Mr . Walker Said there are a few large lots across from the Community Center which could be impacted . The Community Center has been talking to other residents and there are some residents considering conservation easements to protect their land because it is their desire to do so . This also fits into modifying the benefit assessment . Councilwoman Harrison said the Board should thoroughly consider any time the water and sewer is extended , it spurs development in ways which must be addressed . Mr . Little said it is his intention to plant Christmas trees at the lower end of the property where the conservation easement would go . Discussions with other people have indicated there could be damage to the trees from people walking through . Councilwoman :Harrison asked Mr . Little if he would be planting Christmas trees if he chose the plan which allowed for public access ? Mr . Little said they would plant them , but if there were problems they would place fences along the trail to discourage damage to the trees . The Finger Lakes Land Trust would not encourage the public access trail , they would prefer the conservation easement because public access may allow for damage to the wetlands . Councilwoman Harrison asked if the Finger Lakes Land Trust would be opposed to a fence to protect the Christmas trees if- their was public access , would the conservation easement provide for a fence ? Mr . Little said it would have to provide for a fence because he would not like to take the chance of public access to the area . TB Minutes 3 / 7 / 94 Page 11 . Mr . Little said he has reservations about someone going through the property with a snowmobile or motorbike . Supervisor Whitcomb asked Mr . Frantz how a walkway fits into the Towns plans for trails , etcetera . Would it connect with any trails the Town now has ? Mr . Frantz said it may connect with the Chase Farm network even though people would have to walk several hundred feet to get to it , The Nature Conservency would be concerned with a footpath funneling traffic into the Eldridge Preserve . In 1988 / 89 the Nature Conservency was concerned about too many people going into the Eldridge Preserve , it was not intended to be a public recreational facility but a natural area . Too many people could disrupt the ecology . Councilwoman Valentino said if a trail were considered access and parking would have to be looked at because people would be parking in front of homes and driveways . There would not be enough room . Councilwoman Grigorov said two different things are being discussed , the idea of taking cash in lieu of park lands has to be worked out . Does the Town want to preserve open space and fragile areas ? The Town has to determined which is the better thing to be done in this instance . Attorney Barney said caution must be used so as not to usurp the Planning Board ' s function . It is the Planning Board ' s function to determine if :Land is to be dedicated for a park . The Town Board accepted the responsibility of determining the amount of money that would be paid in lieu of park land . What has been discussed this evening is different than what was heard at the Planning Board in terms of the willingness of the Little ' s to commit a portion of the land irretrievably to being open space , that is what drove the Planning Board to decide to say money should be paid in lieu of park land . If the issue were to go back to the Planning Board with Mr . Little ' s second option they may be able to resolve it without any action from the Town Board . The sense of the Planning Board was if there were some way to assure open space they would have accepted it . Mr . Little said he did bring this up at the Planning Board and it did not go anywhere . Attorney Barney felt it didn ' t go anywhere because he had asked Mr . Little if he was willing to commit it in the form of an absolute deed restriction , and Mr . Little answered that he would not be willing to do that . TB Minutes 3 / 7 / 94 Page 12 , The Planning Board then referred the issue to the Town Board to determine the! amount of money to be paid in lieu of park land . Tonight Mr . Little is saying a conservation easement is a commitment of the portion of the land . Councilwoman Grigorov said the Town Board may still wish to talk about the amount of contribution in lieu of park land as a separate matter , but give the flexibility to the Planning Board to make the best decision for each specific case . Councilwoman Valentino said she liked the idea of a conservation easement rather than a trail as it would work well for this location . Conservation easements may also be a good :idea for other wetland areas in the Town . Councilwoman Harrison asked when a 10 % set aside has been discussed in the past or money in lieu of , was it land that could not be developed anyway ? Attorney Barne?y said traditionally if the Town Board were insisting on the 10 % park set aside it is land that is susceptible to having a park built on it and is usable for the people in the vicinity . The Planning Board at times when they felt the project was not dense enough , the Town was receiving other compensation , or that the need for the park was not apparent accepted something else , like Hackberr,r Lane , where the Town received an easement to get into the Cornell Plantations . Councilwoman Harrison asked if when the Town Board looked at the money , would it be the equivalent of 6 . 6 acres as in this case ? Is there any park that would serve the people along Ridgecrest Road and the people who would live in this subdivision ? Supervisor Whitcomb said the discussion of Agenda Item 22 , the establishment of a Town Park and Open Space Acquisition Trust Fund will address how those monies would be calculated . Mr . Walker said there is a park approximately one half mile from the area , Troy Park as part of the Deer Run Subdivision which has play structures . The Coddington Road Community Center has ball fields with parking . There is supposed to be a park in phase two of the Chase Farm subdivision . Discussions have taken place about avoiding the wetlands resulting in a park in that area . Councilwoman Grigorov said in each case it is so different , the Town Board has to give the Planning Board the tools to determine each specific case . TB Minutes 3 / 7 / 94 Page 13 . Supervisor Whitcomb said the Planning Board referred this issue to the Town Board because it is the Town Board ' s responsibility to determine the amount of money if the Planning Board decides to take an in lieu of payment . Supervisor Whitcomb asked the Board if they would rather have the conservation easement in this instance as opposed to the payment in lieu of park land ? Then the Planning Board can work out the details . Councilwoman Harrison asked if those issues were mutually exclusive , if one were to look and say under the policy the 6 . 6 acres taken in lieu of are worth substantially more than the value of the conservation easement , might it not be appropriate to get the conservation easement , the $ 1000 , plus the water ? Supervisor Whitcomb said this is something which was riot addressed . The Planning Board had the option in place since the subdivision regulations were adopted in the late 19701s . They have never developed the formula to be used to determine what the payment of money should be . There is an element in fairness , Mr . Little was partially through the approval process when this was brought to his attention , to retroactively apply some formula to him now would not be fair . Councilwoman Valentino said if the Town Board thinks about a formula to be used it should be thought of for the future . Developing something which would be a general guideline if you were looking at a :specific instance , is not a good way to do it . Attorney Barney asked Mr . Little if the conservation easement would run from him as landowner to the Finger Lakes Land Trust ? Councilwoman Harrison said the Town could be a party to the agreement . Several parties sign conservation easements so there can be a fall back if any unusual circumstances occur . Mr . Little said he would have no problem in including the Town as a beneficiary of the trust . Attorney Barney said the Town does not have a mechanism at this point to supervise land trusts . In making this in lieu of park land it would not be inappropriate for the Town to have the legal ability to say the land stays as a conservation easement , or that someone at the Town level has to make an informed judgement concerning the parcel . Mr . Little said the Finger Lakes Land Trust would not be- interested in the easement discussed in option A , they do not want small parcels . They would be interested in 8 to 10 acres because it would protect the wetland and surrounding area , and it ties into their plan to support the reservoir system . TB Minutes 3 / 7 / 94 Page 14 . Supervisor Whitcomb asked if the remaining 12 to 14 acres on the Little ' s home lot were subdivided in the future would Mr . Little expect the 10 % rule to still apply ? Mr . Little said yes , that would be the case . Mr . Little said the Finger Lakes Land Trust would want the $ 200 per acre paid to them and not the Town . The Finger Lakes Land Trust has to maintain the property and they wish to have a mechanism to complete administrative tasks . Councilman Conley said he is in favor of Option B , because it would be too hard to develop a park . There would be problems with parking and people gaining access to a park . Councilwoman Grigorov felt the $ 1000 to be paid to the Finger Lakes Land Trust is between Mr . Little and them . Councilwoman Valentino agreed it would be to the Town ' s advantage not to have to maintain the land under a trust . Motion made by Councilwoman Grigorov , seconded by Councilman Klein that the Town Board requests the Planning Board reconsider the issue of " In Lieu of Park Land " regarding the Little Subdivision in view of the offer by Mr . and Mrs . Little to provide a. conservation easement covering 8 to 10 acres on the land they are reserving for their home area , and in view of the offer to provide a water line easement that would be useful to the Town , and a limitation on the other four logs ( B , C , D , E ) not to be further subdivided . Motion carried unanimously . Agenda Item No . 7 - Persons To Be Heard No one wished to address the Town Board , Agenda Item No . 8 - Presentation Tompkins County Area Development , Inc . The Supervisor invited Michael B . Stamm , President of the Tompkins Area Development , Inc . ( TCAD ) to the meeting because they had previously asked the Town for funding in some manner to TCAD . At that time the Board had deferred the issue to a later date . Mr . Stamm will be explaining what the TCAD is , how other municipalities support them , and how the Town of Ithaca would benefit . Supervisor Whitcomb told Mr . Stamm the Town Board would not be making a decision on this issue at this meeting . TB Minutes 3 / 7 / 94 Page 15 . Mr . Stamm presented the Board with a copy of the TCAD ' s 1993 Annual Report and a brochure describing their services and mission . The TCAD was founded in 1964 as a not for profit local development corporation . The TCAD ' s mission is to provide quality employment opportunities to strengthen the local tax base . Focus is made on the manufacturing sector as it creates the highest paying jobs , and typically offers the best benefits . The TCAD defines manufacturing very broadly from a one person company to large conglomerates . The TCAD will work with anyone who exports their product or service outside of Tompkins County , The TCAD tries to refrain from doing retail commercial companies who would be competing with existing companies in the county . Wegmans was turned down for help . Three different types of help are available . Business planning assistance services to entrepreneurs and businesses with expansion plans , financial assistance by looking at the needs of a company to help develop and make plans , and site location assistance . The TCAD triE� s to keep businesses in the municipality they are already located in . The accomplishments of the TCAD have been very wide ranging , such as the Borg Warren plant , Wilcox Press , American Demographics , etcetera . The membership is unique as it is a true public / private partnership , in both the members and the Board of Directors . The Board of Directors is a mix of private , public , and political officials . The budget is $ 130 , 000 a year raised through membership campaigns to the private sector supplemented through support from the public sector . Tompkins County pays $ 17 , 000 a year , and the City of Ithaca pays $ 3 , 000 a year to TOAD . Most people focus on the unemployment rate which TCAD feels is a dismal measurE� of the health of the economy . In the late 1940 ' s , of those who worked in Tompkins County over 48 % worked in manufacturing jobs , that is now less than 8 % . In the last few decades Tompkins County has virtually lost its middle class . Private and ;public leaders focused on the unemployment rate thinking that our economy was very strong , they were not investing what should have been in economic development . That has been recognized and the City and County governments are interested in the problem . The City has created an Economic Development Committee for the first time , and the Planning Committee of Tompkins County has changed its name to Planning , Economic Development and Education . TB Minutes 3 / 7 / 94 Page 16 . There are a lot of opportunities based on the entrepreneurial base . TCAD has finished a successful membership campaign so there is both public and private sector support to fulfill the mission . Councilwoman Harrison asked if when the TCAD works with a company whether the company pays for the services ? Mr . Stamm responded the services are free to companies who are involved with an activity which fulfill the mission . Once a company has been helped and it becomes successful the-y are asked to help support the TOAD . TCAD tries to avoid fees derived from businesses beccause they would then be chasing projects which could pay the fees . TCAD is supported by a wide ranging membership allowing TOAD to help those projects which really need the help . Supervisor Whitcomb asked if any other local municipality supported the TOAD . Mr . Stamm said the Town of Groton in the amount of $ 250 . 00 . Supervisor Whitcomb asked what TCAD had to do with the Industrial Development Agency ? Mr . Stamm said TCAD manages the IDA . The IDA offers the incentives of a financing vehicle for businesses the TCAD is using , it is not a separate agency . The TCAD provides the staff and services for the IDA . Councilwoman Grigorov asked if the TCAD solicits business or if the people come to them? Mr . Stamm said they solicit with existing companies and entrepreneurs in hopes they will stay and expand in the area . The TCAD does not travel around the country or the world soliciting business . The TCAD is very interested in the future of National Cash Register and are meeting with them . Councilwoman Valentino asked if a project is in the Town of Ithaca how the decision of the tax abatement is decided , does the Town lose its ability to say if they are going to tax an industry ? Mr . Stamm said the IDA has a formal policy which mirrors 45B for tax abatement . The IDA Board has the complete authority and power to abate all property taxes without hearing any input from the applicable tax authorities . Councilwoman G!rigorov noted the Town would not get any less tax because it is based only on the improvements . TB Minutes 3 / 7 / 94 Page 17 , Mr . Stamm said this IDA is one of the most conservative in New York State . They were the first to turn down Wegman ' s request for abatement of property tax . The IDA targets companies with tax abatement and only does projects with companies who will be making a strong commitment and contribution to the community . Councilwoman Valentino asked when determining the abatement are there special items the IDA tries to extract from them to insure the community will benefit from the expansion ? Mr . Stamm said the IDA requires very specific details on the jobs which would be created ; not just the number of jobs , but types of categories of jobs , salaries , and benefits . On an annual basis the IDA asks the company if they have met their quotas . Supervisor Whitcomb said he had read that the Kendall Corporation in the Village of Cayuga Heights is considering using the IDA as a funding agency , has there been any discussion of tax abatement in that instance? Mr . Stamm said they have not approached the IDA yet as it requires a change in State law to be able to provide assistance to Kendall . It is suspected the change will occur in the next few months and then Kendall will contact the IDA . Mr . Barney asked if the IDA ever exercises the right not to grant the tax abatement ? Mr . Stamm said they have companies approach them which they determine not to help . Supervisor Whitcomb asked if there are public hearings regarding these issues so that people can comment ? Mr . Stamm said there is new State legislation which requires a public hearing for all projects they are involved in , as well as County legislation that the public hearings must take place in the local municipality . Councilwoman Harrison asked if the Kendall project is going to be orientated toward high income individuals , how would that be an eligible project ? Mr . Stamm said the IDA would be interested in helping Kendall gain access to tax exempt finance markets as opposed to property tax abatement . New York State is virtually the only state where a life care community does not have access to those markets . These communities are becoming very popular and are positive benefits in TB Minutes 3 / 7 / 94 Page 18 , the state ' s they locate . They capture wealthy people and keep them in the community . They do not put stress on the road systems and the schools . People are presently leaving New York because those projects do riot exist . Attorney Barney pointed out the law just changed to allow those types of projects , it was not due to a lack of IDA financing . Mr . Stamm said the access to the tax exempt bond financing would be a significant. part of the Kendall financing . Agenda Item No . 9 - Public Hearing , Local Law # 3 - Rezoninq Ridgecrest Road : The Supervisor opened the Public Hearing at 7 : 00 p . m . and postponed the public hearing until after the discussion with the TCAD . Agenda Item No . 8 - TCAD Continued : Attorney Barney mentioned he did research based upon former Supervisor Raffensperger ' s request regarding the Town ' s funding the TCAD . The New York constitution excludes municipalities from giving gifts to private organizations . The TOAD had asked the Town to join , and pay annual dues . A municipality could expend funds for the purposes of promoting development , if the Town chose to fund the TCAD it could be done through an agreement with them that they would provide some services to the Town for promotion of development . Supervisor Whitcomb felt this should be referred to the Planning Committee to investigate the portions of the Comprehensive Plan dealing with industrial and commercial development to see whether TCAD provides services the town could use . Councilwoman Valentino asked if the County were considering that some of the hotel tax money be funneled to development instead of tourism? Mr . Stamm said the TCAD is presently working on that , the Chamber of Commerce is doing everything they can to keep that money . County leader : are very interested in what TCAD has done for the jobs created over the years , and they would like to divert a small portion of that $ 400 , 000 revenue to the TCAD so that they could expand . Councilwoman Valentino said she was very disappointed when Borg Warner was on strike that TCAD decided to side with management before the collective bargaining process had a chance to get started . TB Minutes 3 % 7 / 94 Page 19 . Mr . Stamm disagreed he sided with management , TCAD was attempting to educate the community as to a very serious issue if the strike wasn ' t settled , and if Borg Warner decided to move elsewhere there would be no place for the workers to go . The point was it is not a healthy economy and there are no other opportunities in Tompkins County and the region . Councilwoman Harrison asked that a copy of the agreements with the other municipalities be given to the Town for review by the Planning Committee , Mr . Stamm will provide those agreements . Councilman Conley asked if a business such as K - Mart were trying to upgrade or improve , would the TCAD take the same stance that they would not qualify for substantial redevelopment ? Mr . Stamm said that is the stance of the IDA who has the ability to grant property tax abatement , because it is felt if an existing company is helped to expand through public subsidies then they are receiving an unfair advantage over competitors . There are exceptions , the Rothchild ' s store was considered an anchor of important downtown redevelopment and if something could of been done , it probably would have been done . Agenda Item No . 9 - Public Hearing Local Law # 3 - Rezoning Ridgecrest Road : The Supervisor resumed the Public Hearing at 7 : 07 p .. m . The Town Clerk had proof of posting and publication . Mr . Walker explained the Local Law is to correct the previous zoning map because during conversion to the auto cad system a mistake was made in drawing one of the lines . This correction makes an area R - 15 which it has been since the 1970 ' x . this line corresponds to the South Hill water district lines . Supervisor WhJ: tcomb , it is not a rezoning , it is to correct an error on the Zoning Map . The Supervisor asked for public comment . No one wished to address the Board . The Public Hearing was closed at 7 : 10 p .. m . Agenda Item No . 10 - SEOR Local Law # 3 - Rezoning Ridgecrest Road : Motion made by Councilwoman Grigorov , seconded by Councilwoman Valentino that: the Town Board as Lead Agency for environmental review , and having reviewed the proposed rezoning of the land in question , a Short Environmental Assessment Form Pt . I, and Pt . II , and a recommendation for a Negative Determination of Environmental TB Minutes 3 / 7 / 94 Page 20 . Significance prepared by the Assistant Town Planner and dated March 31 1994 , hereby makes a Negative Determination of Environmental Significance for the proposed action . Carried unanimously . Agenda Item No . 11 - Enactment Local Law # 3 - Rezoning Ridgecrest Road : Motion made by Councilwoman Valentino , seconded by Councilman Klein that the Town Board does hereby enact a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP REZONING LANDS ALONG RIDGECREST ROAD FROM R - 30 TO R - 15 " , and approving and authorizing the Town Supervisor to sign the Certificate of Necessity , and the Town Clerk be authorized to file said Local Law as required by law . Councilman Klein asked if this were truly a rezoning since the zone was changed inadvertently with a mistake on the map ? Attorney Barney responded that this was actually a rezoning . Roll call vote carried unanimously . Agenda Item No . 4 - Review of Correspondence : a . NYS Office! of Mental Retardation / Developmental Disabilities - Request for a change in speed limit on Route 96 . The Town can request the NYSDOT reduce the speed limit in this area . Councilwoman 'Valentino asked if the Town has previously requested a reduction of speed in that location ? Supervisor Whitcomb said the request was made and it was turned down by NYSDO`.P . Has anything changed since the last request ? Mr . Walker said the only thing that has changed is the ownership of the Rebekah Hall complex . There are different tenants in the building which are in the process of being approved by the Planning Board . Supervisor Whitcomb asked if there would be any evidence of increased traffic at this point ? Mr . Walker said probably not , and recommended the Town Board write to the NYSDOT requesting it and explaining the basis for the change in speed . - Councilwoman Valentino said the passing lane would not necessarily have to be changed if the speed limit were reduced . TB Minutes 3 / 7 / 94 Page 21 . Motion made by Councilman Conley , seconded by Councilwoman Valentino directing the Town Engineer to correspond with the NYSDOT to request a speed limit reduction to 45 mph on Rt . 96 West in the Town between Lakeside Nursing Home and the Tompkins Community Hospital , and that a certified copy of this resolution be included with the request , and a copy sent to Barry Stevenson , Lawrence O ' Neil , and OMRDD Developmental Disabilities Services . Carried unanimously . b . Liese Bronfenbrenner - Pleased with decision on the Forest Home Bridge , and :brought up the issue of old plans for a two lane bridge . Requested the tax bill be changed to not look like junk mail . Supervisor Whitcomb will write to Mrs . Bronfenbrenner and tell her the road is now the Town ' s and the Town and County are now responsible for the bridge , and that the tax bill will be changed next year . C , Lisa K . Thompson - Numbering system , Dove Drive . Mr . Frost explained there is a problem with the street numbering on Dove Drive . fie has devised a new numbering system and proposes it now be adopted . Two property owners are undecided as to whether they are willing to change their addresses . Mrs . Thompson has approached everyone , the others are willing to have the street numbers changed . Councilwoman Valentino asked if these street numbers would be changed when the County sets up the 911 emergency line ? Mr . Frost said he did not know , but in the past the Town Board has been resistent to have the numbers changed because of the difficulty in changing peoples documents . The Dove Drives Association has asked that the numbers be changed . There has been confusion over 1 Pheasant Lane and 1 Dove Drive , when there hay; been a need for emergency vehicles . Councilwoman Valentino said before the Town changes these numbers we should investigate what the County is doing with 911 . Councilman Conley asked that the Town wait until the Dove Drive Association discusses what they are going to do at their meeting ? Mr . Frost has talked with Mrs . Thompson and explained the decision will be up to the Town Board , but the proposal was discussed for their review . TB Minutes 3 / 7 / 94 Page 22 . The consensus of the Board was to let the Dove Drive Neighborhood Association make a decision based upon the suggestion offered by Mr . Frost , and that Mr . Frost check into the possibility of the numbers being changed during the 911 process . Agenda Item No . 5 - Report of Town Committees : Councilman Klein said the Public Works Committee discussed the County Public Works Committee meeting regarding Forest Home Bridge . The main concern is that the County not put the project off indefinitely . The County Public Works Committee authorized their staff to work on another bridge . It will be up to Mr . Walker to stay in contact with the County to make sure the same thing doesn ' t happen next year . The Public Works Committee also discussed a letter from people on West Haven Road asking for sewer . Mr . Noteboom will be preparing a highway expenditure plan for the next meeting . Highway and Parks will be requesting additional summer help . A discussion was held regarding the possibility of sharing the purchase of larger pieces of equipment with the County . The water and sewer benefit formula was discussed . Dating back to 1981 there is a formula to charge different types of land the sewer and water benefit formula based upon the types of buildings on the property . This needs to be updated . Mr . Walker has been asked to review this with other Town committees . Supervisor Whitcomb said it will be reviewed as to how the formula disadvantages people who own large parcels of land , and those considering conservation easements . Councilwoman Crrigorov said it will have to be determined what type of economic impact that would cause . Councilman Klein said people may not wish to develop their open land , but if water and sewer is nearby and rapid escalation occurs increased taxes may force them to subdivided . Attorney Barney said the formula was devised in response to the law where the Town must charge in accordance with the benefit conferred on the property by the existing water and sewer lines . That was an effort to formalize the mechanism . It was very hard to define the benefit , they should be upgraded , but it should be kept in mind what the benefit is there for . - Councilman Klein noted it is essential the Town Attorney be involved in this process . TB Minutes 3 ; 7 / 94 Page 23 , Mr . Walker said first the Town Board or committee needs to define what the policy is on the land use . Councilwoman Grigorov said the Planning Committee met and discussed coordinating an update of the Zoning Ordinance with the Comprehensive! Plan . Mr . Walker said the Planning Committee agreed to use documentation including the Comprehensive Plan and the study report of the Zoning Ordinance and. start a logical sequence . Councilwoman Valentino asked who was responsible for sending out the notices of the Planning Committee meetings ? Councilman Niklas and she have had conversations and it was decided they would share attending those meetings . Councilwoman Grigorov said it should always be one person , but the other could always go to the meeting . If Councilwoman Valentino were the regular member Councilman Niklas could attend when he could . Supervisor Whitcomb asked if a meeting time and date has been settled ? Councilwoman Grigorov said Tuesday morning at 9 : 00 a . m . That is a difficult time for members and the public to attend . Supervisor Whitcomb directed the Planning Committee to resolve the time of the meetings , and the Codes and Ordinances Committee can resolve who they will send to the meeting . Supervisor Whitcomb asked those Board members who attended the Association of Towns meeting to provide a short written report . Councilwoman Harrison asked how the vote on the resolutions at the Association of: Towns meeting went ? Councilwoman Grigorov said all resolutions passed , with controversy on one . She will provide that information at the next Board meeting . Agenda Item No . 12 - Consent Agenda Items : Councilwoman Grigorov asked that ( e ) Inlet Valley Archeological Survey be discussed . Mr . Frantz presented a map showing the 435 shuttle testings done over six weeks at the site . The students dug to sterile soil of 24 to 60 inches in depth . Each shovel of dirt was sifted and artifacts were picked out . When they were no longer getting any TB Minutes 3 ; 7 / 94 Page 24 . artifacts they stopped digging . In all the 100 + acres , field ( 1 ) found rocks arranged in a special configuration , and some arrowheads . In field ( 2 ) , roasting pits were found . One hole was found to have some sort of structure foundation . Field ( 3 ) and field ( 4 ) nothing was found . It is intended to return to those fields later this summer to confirm nothing is there . The parcel of approximately 70 acres owned by the Mancini ' s was not dug as they were concerned about liability . Councilwoman Grigorov said that if the Mancini ' s every wished to develop the land the Planning Board could require them to do archeological research on it . Mr . Frantz said if anyone comes before the Planning Board with a proposal for this site , it would be his recommendation they be required to do the same type of survey . Preliminarily the indian town site does not appear to be here , but historical documentation points to it being located opposite Buttermilk Falls on the west side of the Inlet Valley . Councilman Klein asked if the artifacts proves there once was an indian village in the area ? Mr . Frantz said yes , the diaries and historical reports from the Sullivan expedition supports it being near there , Councilman Klein noted a correction of ( a ) Town Board minutes page 5 , February 7 and made the following motion . Resolved , that the Town Clerk amend the minutes for the meeting of 2 / 7 / 94 , Page 5 , paragraph 2 , Agenda Item No . 8 , second sentence to read , " Items in which there is not likely to be controversy are pooled together for a single resolution " ; and the Town Board does approve and adopt the minutes with the amendment as the official minutes for the meetings held 2 / 7 / 94 , 2 / 11 / 94 , and 2 / 24 / 94 . Seconded by Councilwoman Grigorov . Carried unanimously . Motion made by Supervisor Whitcomb , seconded by Councilwoman Grigorov that the Town Board approves and / or adopts the consent agenda items 1. 2a - 12k resolutions as presented to the Town Board on March 7 , 1994 . Carried unanimously . Agenda Item No , 13 - Public Hearing Date , Local Law Extending Term of Office Town. Supervisor : Supervisor Whitcomb explained he spoke to the County Board of Elections and they said the Town ' s of Ulysses and Newfield currently have four year terms . The extension of the term would be the Town Board ' s option subject to a mandatory referendum at the next general election , Supervisor Raffensperger in her closing i TB Minutes 3 ; 7 / 94 Page 25 , address to the Town Board suggested the extension of the term of office . There are pros and cons and which can be discussed during the public hearing , the Town Board can remain neutral . The electorate can decide with the appropriate information being provided between now and the election . Councilman Conley said before the Association of Towns meeting in New York City he was generally opposed to this . Many of the things that concerned him were addressed in New York City . It is something that the electorate should decide . The Town Clerk said the County would charge the Town for adding this to the election machines , but it would cost much less this year than if a special election were held . Motion made by Councilwoman Valentino , seconded by Councilwoman Harrison setting a public hearing to be held on April 11 , 1994 at 7 : 00 p . m , to consider a " LOCAL LAW EXTENDING THE TERM OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " . Carried unanimously . Councilwoman Harrison suggested something be done to generate public information regarding this issue . Perhaps a piece should be sent to the Ithaca Journal . Councilman Klein suggested that former Supervisor Raffensperger correspond with the Ithaca Journal , Supervisor Whitcomb concurred , and said he will contact Mrs . Raffensperger . Agenda Item No . 14 - Agreement Tompkins County Transportation and Human Services : Supervisor Whitcomb pulled this item from this agenda as Attorney Barney has reviewed the proposed agreement and advised it be returned to the County for further revisions . Agenda Item No . 15 - Payment to Tompkins County , Election Expenses : Attorney Barney explained previously the County sent a series of bills for payment of election expenses in the amount about $ 24 , 000 . It is clear there is an ability to charge back to Towns the portion of the expenses for the operation of the polls within the Town , ( supplies , voting book , etc . ) It looked as if the County had taken their entire election budget and allocated an amount to each of the municipalities . There are two ways the Town can pay the election expenses . One is for the Town to write a check to the- County and include it as part of the budget for the year , and the other is for the Town to decline to pay by check and the County can add the amount to the tax bills as an added tax for election expenses . TB Minutes 3 / 7 / 94 Page 26 . There was an opinion by the Comptroller or Attorney General which said all the expenses the County incurs are payable by the Town . Based on that opinion a number of Towns paid a large amount of money over a period of time . That same opinion rendering authority later said the Towns only had to pay for direct operating expenses of the polls ,. Therefore , several towns are taking the position they overpaid in earlier years and they will not pay now until those overpayments are caught up . The former Supervisor and Mr . Barney concluded the County was acting in good faith , and for the Town of Ithaca to take the former position may not be a good thing to do . Supervisor Raffensperger then rethought that decision , therefore it is on the agenda now . Councilwoman Valentino asked how the County derived the direct charges ? Attorney Barney said the County gave a detailed list of items and how they were allocated to the various municipalities . Councilwoman Grigorov noted the Town pays the election inspectors directly . Mrs . Noteboom asked if the listing showed what companies the County bought the supplies from ? In smaller times the Town Clerk purchases the supplies , and the amount of $ 8 , 000 for supplies seems excessive . If: the expense was added to the tax bill it would be an add on like a special district charge . Attorney Barney said it would be an ad valorem charge based on the assessment . Councilwoman Grigorov said if it were added to the tax bill , there would be no way the Town could review the bill and have a say about how much the County was charging . Ms . Alario said a detailed list of $ 8000 for the 1992 charges was received in 1993 , and it was not felt the charges were out of line , there was one area in miscellaneous they did not completely explain . The 1993 charges were for approximately $ 9000 . Supervisor Whitcomb said in deciding whether to pay these , it would set a precedent for the 1992 , 1993 bills and future bills . The Town of Dryden is not paying the bills , and it will be added to the tax bill next fall . Ms . Alario said the Town could take on the responsibilities themselves which could cost a great deal more . TB Minutes 3 % 7 / 94 Page 27 , Councilwoman Valentino said if they are legitimate fees the Town should just pay them . Councilman Klein asked what the breakdown of division of the bills was based on , was it based on percentage of population ? Attorney Barney said he felt was based on expenses incurred for the Town of Ithaca . Councilwoman Harrison said she feels it is something the community should pay for . Attorney Barney said the Town could contest the charges and say the Town has paid too much previously . Mrs . Noteboom said she would not like to see the charges added to the tax bill . The Town Board asked the Town Clerk and Assistant Budget Officer to review the charges and bring this back to the Board in April . Agenda Item No . 16 - Benefit Tax Assessment Exemption , Tompkins County . Mr . Walker said the parcel in question is an eight acre parcel bounded on the left by the railroad track , on the right by the Inlet Valley , and the north by Buttermilk Falls Road . The water main runs along the old Buttermilk Falls Road and is still a legal right of way to the property . The County owns the lot and it is in the floodplain. . It has been used in the past for mining top soil , and for storage of pipes . Water is accessible to the property . The County is contending they will never build on it . Legally there is no restrictions from building on the parcel other than it is in the flood plain , and there may be wetlands . There is a sewer charge which is not directly available to the land . Mr . Walker recommended the refund of the sewer benefit . Across the way is another lot that has three water units , which is a similar piece of land ( Parcel 8 ) owned by the Marion ' s which is less likely to be developed . The assessment on the County ' s eight acres is $ 67 , 500 , the assessment on Parcel 8 is $ 10 , 000 . The difference is attributable to the Marion ' s asking for a reduction due to the land not being suitable for development , but the County did not bother since the land is tax exempt with the exception of special assessments . Under the benefit assessment formula if the Town Board determines a parcel is not buildable they can waive the benefit assessment . The determination of that falls into legal issues . TB Minutes 3 / 7 / 94 Page 28 , Attorney Barney said it gets back to whether the property is benefitted by the water and sewer . The benefit is measured because it is there , it is immaterial who owns the property or what is planned to be done with it , unless there is something precluding them from doing something with it . If you have no restriction for building , the! fact you choose not to build should not matter . Mr . Walker explained the exact locations of the water and sewer service from a map to the Board . Mr . Walker hesitated to waive all benefits on publicly owned land because the County Highway facility has water and they use it , there is also water available to the State parks . The land may be considered unbuildable if it had a conservation easement , or if it were dedicated to the State parks who may put a restriction on the land not to develop it . A meeting was held with the State Parks officials , to introduce the dedication proposal . They did not have an objection as it would give the State ownership of the land on both sides of the Inlet . Ward Hungerford , Tompkins County Highway Manager said the County may considering doing this . Councilwoman Harrison asked what kind of shape the land was in now ? Mr . Walker said Buttermilk Falls is a paved roadway it has been leveled and is fairly flat . There are some areas which would be marginal wetlands . A permit was needed from the DEC when the water lines were installed . If someone wanted to build a house they would have to follow the floodplain regulations . Mrs . . Noteboom mentioned if the State Parks were given the other piece they may decide to extend the Buttermilk Falls State Park because it may connect the parcels . Councilwoman Harrison asked if the State Parks would be able to sell the property if they chose to ? They could develop the land for State Park facilities and make use of the water and sewer . Does the Town charge the water and sewer benefit to the State Parks ? Attorney Barney said yes , they could sell it with an act of the State legislature . Mr . Walker said State Parks are charged based on the consumption . Large users are charged based on consumption rather than on frontage . Councilwoman Harrison said if this parcel were to become a part of the State park it would not change the amount of money they are paying in benefit assessments unless it were developed later . TB Minutes 3 ,17 / 94 Page 29 . Councilman Klein said it was interesting the assessment is $ 67 , 500 on a piece of land considered useless . The County is taking the attitude it is inaccessible and could never be developed , but then why would the County Assessment Department put such an assessment on it ? Mr . Walker said the parcel is listed on the exempt portion of the tax roll . Attorney Barney suggested not refunding the water benefit assessment , if the status of the land changes in the future then it will be reconsidered . Councilwoman Harrison said the sewer is on Five Mile Drive and is not available! to this site because the only way to get it there would be to cross the creek or railroad tracks . Councilwoman Valentino asked if this were the only parcel which was in the position of not being able to have sewer ? Mr . Walker said parcel ( 8 ) is also in the same situation , and they are only paying the water benefit charge . Motion made by Councilwoman Harrison authorizing the refund of the sewer benefit assessment to Tompkins County for the tax parcel 31 . - 2 - 14 , and the Town Engineer shall correspond with Ward Hungerford informing him of the refund and the reasons the Town Board chose not to issue a refund for the water benefit assessment . Seconded by Councilman Conley . Carried unanimously . Agenda Item No . 17 - Benefit Tax Assessment Exemption : Motion made by Councilwoman Valentino , seconded by Councilwoman Grigorov authorizing a refund of 1 . 25 units of sewer benefit charge in the amount of $ 97 . 50 to Mr . and Mrs . Earnest Hardy , 238 Enfield Falls Road . Carried unanimously . Motion made by Councilwoman Harrison , seconded by Councilwoman Valentino authorizing a refund of ( 1 ) unit of sewer benefit charge in the amount of $ 78 . 00 be made to Mr . and Mrs . Harry King , 920 Elmira Road . Carried unanimously . Agenda Item No . 19 - County Cable Commission : Councilwoman Valentino explained several municipalities and a representatives from the County met to discuss the possibility of forming a County Cable Commission . Many years ago there was a commission . An ad hoc committee was set up to review the by- laws and workings of the previous commission . The committee made a recommendation the previous by - laws could be put in effect now with TB Minutes 3 / 7 / 94 Page 30 , minor change; . The committee is asking for a commitment from the municipalities to continue making progress towards developing a County Cable Commission . Motion made b-y Councilwoman Valentino that the Town Board agrees to participate in the formation of an intermunicipal commission to deal with issues of municipal cable television franchising in Tompkins County , and hereby appoints Councilwoman Valentino to represent the Town in formation of an agreement , and the Town Board directs a copy of this resolution be sent to Mayor Ted Wixom , Village of Lansing . Seconded by Councilman Conley . Carried unanimously . Agenda Item No . 20 - Investigation Deficiencies Cable Franchise Payment : Councilwoman Valentino stated the City of Ithaca has had their Attorney negotiating with American Community Cablevision because they felt ACC was not correctly paying the City for the franchise fee tax . ACC was only sending the City money based on the cable service , the City contract is quite clear that it covers other items like advertising and rental of equipment . ACC was not applying those monies to the City . The Town of Ithaca contract wording is very similar . It appears ACC has also been deficient in the amount franchise fee tax they have been forwarding to the Town . Councilwoman Valentino asked that the Attorney for the Town be authorized to investigate the City problem and see if the Town should pursue this issue in the same manner . Motion made by Councilwoman Valentino , seconded by Councilman Conley authorizing the Attorney for the Town to investigate the arrangements and possible deficiencies in franchise payments by the American Community Cablevision including communication with the City of Ithaca to determine what their investigation produced and how they resolved the issue , and the Attorney for the Town is to make a report: and recommendation to the Town Board so they may discuss the next procedure to be followed . Carried unanimously . Agenda Item No . 18 - Interviewing Committee Planning Board Members : Motion made by Supervisor Whitcomb , seconded by Councilman Klein directing the Town Clerk to advertise for prospective candidates to serve on the Planning Board , and appointing Councilwoman Harrison and Councilwoman Grigorov to serve on the Planning .Board Members Interviewing Committee . Carried unanimously . TB Minutes 3 / 7 / 94 Page 31 . Agenda Item No . 21 - Class Action , Consolidated Rail Corporation : Attorney Barney stated the Town was served with papers in the context of whether the Town would be included in part of a class action . Conrail believes they are over assessed and are paying a disproportionate amount of taxes . Conrail is suing some major entities they pay taxes to . The Court in its motion said the suit should cover everyone Conrail pays taxes to , including the Town of Ithaca . The Town has a choice to accept the designation of being part of the class whereby the Town will be bound by the outcome of the lawsuit . The Town would be defending the lawsuit without expending much money in this case . The second choice is to have the Town opt out of the claim by sending a notice to the Court that the Town does not want to be part of the claim . That would mean the Town won ' t be bound by the outcome of the lawsuit , however Conrail will then probably file separate action against the Town of Ithaca . If the case goes to the Supreme Court and Conrail wins they will then file against each entity , if Conrail loses the same result will occur by appeal . Attorney Barney recommended the Town take the first choice of being included in the class and let the larger entities defend the lawsuit on behalf of the Town . Motion made by Councilman Conley , seconded by Councilwoman Grigorov that the Town of Ithaca adhere to the advice of the Attorney for the Town that. the Town take no action in the Notice of Class Certification by " Consolidated Rail Corporation against the State Board of Equalization and Assessment et al " , thereby the Town would remain in the class action and be bound by the outcome and allow the attorneys for the other named entities to undertake the defense of the class action . Councilwoman Harrison asked if the other entities would assess us for the legal fees ? Attorney Barney said he was not sure , if the Town were the plaintiff they would be assessed because the Attorney ' s fees come out of the reward before it is divided . No mention has been made , if the Town were assessed given the proportions of the other entities it would not be a great deal of money . Motion carries'. unanimously . TB Minutes 3 / 7 / 94 Page 32 , Agenda Item No . 22 - Town Park and Open Space Acquisition Trust Fund : Supervisor Whitcomb said the Town Board has not resolved the generic issuE' of the Town not having a fund to receive money " in lieu of park: land " , and the Town does not have a formula or mechanism of what those contributions should be . Candace Cornell , Planning Board Chair and George Frantz , Assistant Town Planner have done a great deal of research on what other communities have done and can provide that information for research . Supervisor Whitcomb suggested this issue be referred to the Planning Committee to review and make recommendations to the Town Board . Councilwoman Valentino said she thinks it is a good idea to have the formula and think about receiving payment in lieu of park land for areas where it may not be desirable to have a park . However , the Town has to be careful how it is drafted because there will not always be the same Town Board and Planning Board . Others may think it may be more desirable to receive money than to preserve land . The Planning Committee while drafting these guidelines needs to take that into consideration . Supervisor Whitcomb agreed one method should not appear to be more advantageous than the other to a developer or the Town , so the formula can be applied to each specific case . In some cases the Town should receive land as a park , but in other cases where a park is not advisable in a certain area money should be received . Councilwoman Grigorov said it will be hard to determine if someone wants to give a park but the Town doesn ' t feel a park is necessary . Attorney Barney said he is not sure if this issue is the same as an in lieu of park situation . The payment in lieu of park has to be for parks in the vicinity of where the development is occurring in the neighborhood . You could not take money for a development on South Hill and build a park in the northeast . This issue is to create a fund where a developer voluntarily wanted to make a contribution , and the Planning Board recognizing the voluntary contribution chooses to waive the requirement of a park . It may not be possible to make it compulsory . There is no place for the money to go right now . Under those circumstances you would not be limited to the money having to be devoted to having a park in the same area . This would be a townwide fund where if the developer were interested in making a contribution but the Town did not think a park was necessary in the TB Minutes 3 / 7 / 94 Page 33 . area of the development then the Town may proceed with reviewing the development . It would have to be a voluntary contribution . Mr . Walker said he felt the intention should be compulsory and that does require specific separate funds for neighborhood parks . Ms . Cornell did intend for it to be so in particular cases such as subdivisions where there is no good location for a park on the parcel but there would be one across the street . The critical thing is to update the park and open space plan to identify park locations and. the neighborhoods they would serve in order to be consistent with zoning and the Comprehensive Plan . The Town has a Park and Open Space Plan which should be a high priority for review in 1994 to make a determination of what recreational needs are in different sections of the Town based upon the potential development . Councilwoman Grigorov said regardless of the long term ideas of that , the Town needs a fund for monies to go into to . The Town could have a fund with no restrictions as long as it were voluntary contributions . Then eventually it could be done as Mr . Walker suggested , that would not preclude the Town making the study of the parks and making it a required donation . Mr . Walker said there also needs to be a way to compute a relative value whether it is an in lieu of payment or not . If. the Planning Board looks at. a park site or subdivision and makes a determination a park would work but it is not the best thing , and then the developer determines a park is not needed in the area but is willing to contribute to a general fund or a specific fund in the neighborhood a formula of value has to be determined . Councilwoman Grigorov felt the amount to be contributed would have to be contingent on the size and the practicality of the location . Mr . Walker said the Town already has a park fund . Ms . Alario said that fund has been closed . Supervisor Whitcomb said that fund could be reopened with a simple resolution of the Town Board , Councilwoman F[arrison asked if that would be a useful thing to do because if Mr . Little had only suggested Option A and the Town Board felt it were appropriate where would the $ 1000 go ? Perhaps that should be! reopened with the idea that the Town does need to determine policies . Supervisor Whitcomb felt there were two issues , one is the establishment of a fund for the money , and the other is to devise a formula of how much to receive . TB Minutes 3 % 7 / 94 Page 34 , Councilwoman Harrison asked if there would be any provisions of how the money would be spent if the Town Board opened a fund now ? Attorney Barney said that could be stated in the resolution , by saying it would be expended for acquisition or improvement of existing parkas . The Town Board could set the limits . It may be advisable to have the Planning Committee review it and send specific directions back to the Town Board , Councilwoman Valentino said there are two or three components which need to fit together . Ms . Alario said how the account is set up depends on how the Town Board decides the money should be spent . It would be a great deal easier to sets up one fund once than to set up several over an extended period of time . Councilwoman Grigorov asked why the last fund was deactivated ? Ms . Alario said because the Town was finished acquiring parks in that way , it was established in 1977 . There has not been a fund since 1984 . The money was transferred to general part town where the Town now expends the money to maintain the parks . Motion made by Councilman Klein , seconded by Councilwoman Harrison that the Town Board directs the Town Planning Committee to submit a recommendation to the Town Board on how a Town fund should be established for the receipt of money paid to the Town in lieu of park land including the development of a formula and policy to determine the amount to be paid by a developer in such cases , and a definition of the use for which the funds may be expended . Mrs . Noteboom asked that the Planning Committee also allow the formula and policy to provide flexibility for the receipt of small donations made by a private individual or organization other than a developer , possibly as a memorial or commendation . Mr . Walker asked what the time frame was for a response from the Planning Committee ? Councilwoman Harrison asked what is the Planning Board presently doing with the subdivisions coming to them for approval ? Mr . Walker said the Planning Board is accepting park land , or waiving the requirement . . _ Supervisor Whitcomb said he felt the issue was a high priority and that the Planning Committee should submit their recommendation to the Town Board as soon as possible . TB Minutes 3 / 7 / 94 Page 35 , Councilwoman Harrison asked if there is any regulation which says the park land. has to be in the area of the subdivision ? Attorney Barney answered Article 277 , of Town Law . Agenda Item No . 24 - Local Law Payment Moving Expenses New Out of Town Employees : Attorney Barney said a Local Law is necessary to authorize reimbursement of moving expenses for new out of Town employees . In the past it was authorized by resolution and the auditors felt a Local Law was necessary . Councilman Conley asked if this Local Law would set a precedent , that every time someone was hired from out of town they would be paid ? Attorney Barney said the Board could always make a decision as to whether they needed to or not . The auditors are saying the authority should predate the decision . Motion made by Councilwoman Grigorov , seconded by Councilwoman Harrison approving the proposal of a Local Law authorizing the reimbursement of moving expenses , up to a set amount , incurred by certain new employees moving to the Town from out of the area . Carried unanimously . Agenda Item No . Additional # 1 - Appointment Part - time Account Clerk / Typist : Mrs . Punger explained this item deals with a new part - time person in the Accounting Department . The selection committee chose Jacqueline White as the best candidate . Motion made by Councilman Conley , seconded by Councilman Klein appointing Jacqueline White , part - time Account Clerk Typist at $ 6 . 00 per hour , charged to account A1340 . 00 , not to exceed 20 hours per week . A six - month probationary period applies then a performance and salary review will be made . Benefits limited to the part - time status of the position . Carried unanimously . Agenda Item No . 25 - Executive Session : Motion made by Councilwoman Valentino , seconded by Councilwoman Grigorov to ;move into Executive Session to consider possible property acquisition . Carried unanimously . The Town Board moved into Executive Session at 8 : 47 p . m . Motion made by Councilwoman Valentino , seconded by Councilman Conley to resume regular session . Carried unanimously . Regular session resumed at 9 : 20 p . m . TB Minutes 3 / 7 / 94 Page 36 . No action was taken as a result of the Executive Session . Agenda Item No . 6 - Report of Tompkins County Board of Representatives : Representative Tim Joseph told the Board the Public Works Committee has postponed the construction on the Forest Home Bridge for another year as a result of the Town Board asking that the issue of one lane versus two lanes , and the historic trusses be resolved . Representative Joseph asked the Board if they were opposed to the lengthy postponement of the construction ? The consensus of the Town Board was that the postponement was warranted to insure all the issues were addressed and including knowing if ISTEA funding would be received . Councilman Klein asked Representative Joseph make sure the process keeps moving so the situation does not result in the same problems later . Representative Joseph said he has heard from other County Board members they are fully supportive of the one lane bridge with the historic features being preserved as much as possible . The problems have been internal in the department and within the Public Works Committee , but always against the wishes of the full Board of Representatives . Councilwoman Harrison said she was surprised that the County Engineer made statements such as , " if there is going to be historic preservation and it is not covered by the ISTEA funding the Town will be responsible for the cost " . It is not the County Engineer ' s responsibility to make that sort of policy . Mr . Joseph felt Councilwoman Harrison was correct , and that many of the County Board members have not been happy with the way the whole issue was handled and they are committed to make sure the project conclude as promised . Supervisor Whitcomb said the Board is relieved to know that . Councilman Klein asked about the situation with the County Biggs Building ? Mr . Joseph said the County is in the processing of hiring a consultant to do a space needs study to look at the possibility of moving out of the building . The amount of money it would cost to renovate the building to make it efficient for use and to get the air quality reasonable poses the question of whether the County should be there . It will be a four to six month process to perform the study , and. then the decision will be made . TB Minutes 3 / 7 / 94 Page 37 . Most of the sick workers have had their examinations by the Worker ' s Compensation doctors . When those reports are available action will be taken to resolve the issue . Agenda Item No . 26 - Adiournment : Mrs . Noteboom reported her Deputy Sharon Lewis has tendered her resignation effective March 18 . An advertisement will be published and interviews will be held to select a replacement as soon as possible . Motion made by Councilwoman Valentino , seconded by Councilwoman Harrison to adjourn as there was no further business to come before the Board . Carried unanimously . Meeting adjourned at 9 : 25 p . m . Respectfully submitted , i Joan Lent Noteboom Town Clerk * * * * REGULAR TOWN BOARD MEETING - April 11 , 1994 , 5 : 30 p . m . * * * * PUBLIC HEARING - April 11 , 1994 , 7 : 00 p . m . : Local Law Supervisor Term of Office . Town Board Meeting 3 / 7 / 94 Agenda Item No . 4a Developmental Disabilities Services - Request for Reduction of Speed Limit Rt . 96 Resolution No . 63 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby directs the Town Engineer to correspond with the New York State Department of Transportation to request a speed limit reduction to 45 mph on Rt . 96 West in the Town of Ithaca between Lakeside Nursing Home and the Tompkins Community Hospital ; and be it further RESOLVED , that a certified copy of this resolution be included with the request , and that copies of the letter and certified resolution be sent to Barry Stevenson , Traffic Engineer , NYSDOT ; and Lawrence P, O ' Neil , Treatment Team Leader , OMRDD Developmental Disabilities Services . MOVED : Councilman Conley SECONDED : Councilwoman Valentino Carried Unanimously DATED : March "7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 10 SEQR - Local Law Rezoning Certain Properties Along Ridgecrest Road From Residence District R - 30 to Residence District R - 15 Resolution No . 64 BE IT RESOLVED , that the Town Board , as Lead Agency for environmental review , and having reviewed the proposed rezoning of the land in question , a Short Environmental Assessment Form Pt . I and Pt . II , and a recommendation for a Negative Determination of Environmental Significance prepared by the Assistant Town Planner and dated March 3 , 1994 , hereby makes a Negative Determination of Environmental Significance for the proposed action . MOVED : Councilwoman Grigorov Carried Unanimously SECONDED : Councilwoman Valentino DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 11 Local Law # 3 / 1994 - Enactment Amending Zoning Map - Lands Along Ridgecrest Road Resolution No . 65 WHEREAS , the properly advertised Public Hearing has been held to consider the enactment of a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP REZONING LANDS ALONG RIDGECREST ROAD FROM R - 30 TO R - 15 " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact said Local Law ; and be it further RESOLVED , the Town Board of the Town of Ithaca does hereby approve and authorize the Town Supervisor to sign the Certificate of Necessity for the 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 . Roll Call Vote MOVED : Councilwoman Valentino Supervisor Whitcomb Aye Councilwoman Valentino Aye SECONDED : Councilman Klein Councilman Klein Aye Councilwoman Grigorov Aye DATED : March 7 , 1994 Councilwoman Harrison Aye Councilman Conley Aye Carried Unanimously Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Items 12b - 12k Consent Agenda Items Resolution No . 66 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the Consent Agenda Items 12a - 12k resolutions as presented to the Town Board on March 7 , 1994 , MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 ---Q '. , Lk 0&: A rr Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 12b Town of Ithaca Warrants Resolution No . 66 WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . General Townwide Vouchers : No . 89 - 149 $ 97 , 539 . 48 General Outside Village Vouchers : No . 42 - 71 31 , 712 . 35 Highway Vouche= rs : No . 29 - 62 63 , 705 . 42 Water & Sewer Vouchers : No . 39 - 64 323 , 200 . 66 Lighting District Vouchers : No . 4 - 6 11072 . 13 Capital Projects Vouchers : No . 7 138 . 01 Fire Protection Vouchers : No . 1 - 2 731 , 131 . 00 MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 Lk -n .L". Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 12c Bolton Point Warrants Resolution No . 66 WHEREAS , the warrant with the following numbered listing of vouchers for Bolton Point has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . Operating Fund Vouchers : No . 142 - 200 $ 164 , 867 . 99 Capital Projects Fund Vouchers : No . H39 - H40 21942 . 00 MOVED : Supervisor Whitcomb SECONDED : Councilwoman Grigorov Carried Unanimously DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 12d Interim Narrative Project Report - SARA Archival Grant Resolution No . 66 WHEREAS , the Records Management Officer sent the Interim Narrative project Report for the Archival Records Project to the New York State Archives and Records Administration ( SARA ) on February 25 , 1994 in order to fulfill the grant deadline requirements of the project ; and WHEREAS , the Records Management Officer has presented said report to the! Town Board for their review and approval of the submittal of the said report to SARA ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves and does ratify submittal of the Interim Narrative Project Report for the Archival Records Project to SARA as required under the grant requirements . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 Qea' )v NL�t lnz6lw � Joan lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 12e Inlet Valley Archaeological Survey Progress Report Resolution No . 66 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the report entitled " Inlet Valley Archaeological Survey Progress Report to Preservation League of New York State " prepared by the Town Planning Department and dated March 2 , 1994 ; and be it further RESOLVED ,. the Town Board hereby authorizes submission of the report to the Preservation League of New York State . MOVED : SupervP_ sor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March ' , 1994 J tA-� A /fir r,� Joan lent Noteboom , Town Clerk TOWN BOARD MEETING 3 / 07 / 94 AGENDA ITEM N0 , 12f PARTICIPATION IN CORNELL SUMMER CIVITAS PROGRAM Resolution No . 66 WHEREAS , the Engineering Department has budgeted funds to cover the cost of student interns and has traditionally participated in Cornell University summer programs to provide students with valuable work experience while receiving technical support for the engineering staff , and WHEREAS , the CIVITAS Program provides student interns at a cost to the Town of just 15 to 25 % of the full employment expense for these students , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve participation in the Cornell University CIVITAS Program for the period May 1 , through August 31 , 1994 at a cost not to exceed $ 4 , 000 . 00 , charged to account A1440 . 400 . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : A 'Ltd Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 12g Bid Acceptance of New Tractor and Mower Resolution No . 66 WHEREAS , bids were received for a new tractor and mower ; and WHEREAS , both bids were responsible and acceptable to the Highway Superintendent ; now therefore be it RESOLVED ,. the Town of Ithaca Town Board accepts the respective bid from S . C . Hansen , Inc . ; and be it further RESOLVED , the Highway Superintendent is hereby authorized and directed to purchase one new tractor and mower as specified for a price of $ 43 , 895 . 00 with the monies to be taken from the DB5130 . 200 account . MOVED : Supervisor Whitcomb SECONDED : Councilwoman Grigorov Carried Unanimously DATED : March 7 , 1994 Joan Lent Note!boom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 12h Conservation Board Member Appointment Resolution No , 66 WHEREAS , the Town of Ithaca Conservation Board has nominated Mary Louise Russell , 955 Coddington Road to serve as a member of the Conservation Board ; and WHEREAS , the Town Board of the Town of Ithaca has reviewed and considered the Conservation Board ' s recommendation and the resume submitted by OKs . Russell ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby appoint Mary Louise Russell as a member of the Town of Ithaca Conservation Board for a term of office effective immediately through December 31 , 1995 , MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk TOWN BOARD MEETING 3 / 07 / 94 AGENDA ITEM NO . 12i APPROVAL OF REVISED JOB DESCRIPTION FOR PARKS GROUNDS ASSISTANT POSITION Resolution No , 66 WHEREAS , the Personnel Committee has considered the expanded duties of this position since it was created and found a need to more accurately describe its function before recruiting the new candidate , and WHEREAS , the Committee reviewed and revised the existing description ,and has submitted this update for Town Board consideration ; now therefore be it RESOLVED ; the Town Board of the Town of Ithaca does hereby approve the attached job description for the Parks Grounds Assistant Position , MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 Jo In Lent Noteboom , Town Clerk TOWN BOARD MEETING 3 / 07 / 94 AGENDA ITEM NO . 12j APPROVAL OF REVISED JOB DESCRIPTION FOR DEPARTMENT SECRETARY - BUILDING / ZONING POSITION Resolution No . 66 WHEREAS , the Personnel Committee has considered the expanded duties of this position since it was created and found a need to more accurately describe its increased responsibilities within the department and also as support to the Zoning Board of Appeals , and WHEREAS , the Committee reviewed and revised the existing description and has submitted this update for Town Board consideration , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached job description for the Department Secretary - Building / Zoning Position . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATES : 1 Joan Lent Noteboom , Town Clerk TOWN BOARD MEETING 3 / 07 / 94 AGENDA ITEM N0 , 12k APPOINTMENT OF JULIE BUNN AS TEMPORARY PART - TIME PLANNING INTERN Resolution No . 66 WHEREAS , the Planning Department has traditionally budgeted and employed temporary student interns as support to the planning staff , and WHEREAS , Julie Bunn has worked in a satisfactory manner for the Town since September 1993 through the Cornell University CIVITAS Program but has exhausted her funding , and WHEREAS , Ms . Bunn ' s experience and knowledge of her planning duties would be beneficial as support to the planning staff if her employment were extended on a temporary basis , now therefore be it RESOLVED ,, the Town Board of the Town of Ithaca does hereby approve the temporary appointment of Julie Bunn as Part - time Planning Intern for up to 15 hours per week through May 31 , 19940 Salary is approved at $ 8 . 00 per hour , not to exceed $ 1500 . 00 and charged to account B8020 . 110 . FICA and Workers ' Compensation benefits apply , not to exceed 10 % of total gross salary . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 O&fir � Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 12a Town Board Meeting Minutes 2 / 7 / 941 2 / 11 / 94 , 2 / 24 / 94 Resolution No . 67 WHEREAS , the Town Clerk has presented the Town :Board Meeting Minutes for the regular meeting held February 7 , and for the special meetings held February 11 , and February 24 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed said minutes as written ; now therefore be it RESOLVED , that the Town Clerk amend the minutes for the meeting of February 7 , Page 5 , Paragraph 2 , Agenda Item No . 8 , second sentence to read , " Items in which there is not likely to be controversy are pooled together for a single resolution " ; and be it further RESOLVED , the Town Board does hereby approve and adopt the said minutes with the amendment as the official minutes of the Town Board for the meetings held February 7 , February 11 , and February 24 , 1994 . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 ,,k -/ z rWN� Joan ent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 13 Public Hearing - Local Law Extending Term of Office Town Supervisor Resolution No . 68 BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the regular meeting of the Town Board on April 11 , 1994 , at 7 : 00 p . m . to consider a " LOCAL LAW EXTENDING THE TERM OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilwoman Harrison DATE : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 16 Benefit Tax Assessment Exemption , Tompkins County Resolution No . 69 BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the refund of the sewer benefit assessment to Tompkins County for the Town of Ithaca Tax Parcel 31 . - 2 - 14 and ; and be it further RESOLVED ; the Town Engineer is hereby authorized and directed to correspond with Ward A . Hungerford , Highway Manager informing him of the ref= und along with the reasons the Town Board chose not to issue a refund of the water benefit assessment . MOVED : Councilwoman Harrison Carried Unanimously SECONDED : Councilman Conley DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 17 Benefit Assessment Refund - Hardy Resolution No . 70 WHEREAS , Ernest and Jane Hardy , 238 Enfield Falls Road were charged 2 . 25 units of sewer benefit on their 1994 tax bill for Town of Ithaca Tax Parcel 33 . - 1 - 23 . 2 ; and WHEREAS , the landowner has requested a modification of benefit assessment and refund because the topography of the parcel limits construction on the site ; and WHEREAS , the Town Engineer has confirmed that an adjustment in benefit assessment for sewer from the 2 . 25 units originally assessed to 1 unit is warranted ; and WHEREAS , taxes for this tax parcel have been paid in full ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund of 1 . 25 units of sewer benefit charge in the amount of $ 97 . 50 , to be made to Mr . and Mrs . Hardy . MOVED : Councilwoman Valentino SECONDED : Councilwoman Grigorov Carried Unanimously DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 17 Benefit Assessment Refund - King Resolution No . 71 WHEREAS , Harry and Bessie King , 920 Elmira Road were charged ( 1 ) unit of sewer benefit on their 1994 tax bill for Town of Ithaca Tax Parcel 34 . - 1 - 15 ; and WHEREAS , the landowner has requested a modification of benefit assessment and refund because the property is not served by public sewer ; and WHEREAS , the Town Engineer has confirmed that an adjustment in benefit assessment for sewer from the ( 1 ) unit originally assessed to ( 0 ) units :is warranted ; and WHEREAS , taxes for this tax parcel have been paid in full ; now therefore be it RESOLVED ,, that the Town Board of the Town of Ithaca does hereby authorize a refund of ( 1 ) unit of sewer benefit charge in the amount of $ 78 . 00 , to be made to Mr . and Mrs . King , MOVED : Councilwoman Harrison Carried Unanimously SECONDED : Councilwoman Valentino DATED : March 7 , 1994 n"' tQ llC.0-tires_ Joal Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 18 Interviewing Committee - Planning Board Members Resolution No . 72 WHEREAS , the Town of Ithaca Planning Board presently is in need of new members to fill existing vacancies ; and WHEREAS , the Town Board of the Town of Ithaca wishes to advertise for persons interested in serving on the Town of Ithaca Planning Board ; and WHEREAS , the Town Board appoints a committee to interview prospective candidates for the Planning Board ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby directs the Town Clerk to advertise for prospective candidates to serve on the Town of Ithaca Planning Board ; and be it further RESOLVED , the Town Board of the Town of Ithaca hereby appoints Councilwoman Ellen Z . Harrison , and Councilwoman Carolyn Grigorov to serve on the Planning Board Members Interviewing Committee . MOVED : Supervisor Whitcomb Carried Unanimously SECONDED : Councilman David Klein DATED : March 7 , 1994 Q,, L+ -a au, Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 19 Town Participation in County Cable Commission Resolution No . 73 WHEREAS , the municipalities of Tompkins County have formed a committee to explore cooperation in administering cable TV franchises in the County , and that committee proposes to start discussions based on a possible revival of the structure of a County Cable Commission formed in 1977 ; now therefore be it RESOLVED , the Town of Ithaca Town Board agrees to take part in the formation of an intermunicipal commission to deal with issues of municipal cable television franchising in Tompkins County ; and be it further RESOLVED ; to that end the Town Board of the Town of Ithaca hereby appoint= s Councilwoman Catherine Valentino to represent the Town of ithaca in drawing up an agreement to form such a commission ; and be it further RESOLVED , the Town Board of the Town of Ithaca directs that a certified copy of this resolution be sent to Mayor Ted Wixom of the Village of Lansing , convener of the commission study group . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Conley DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 20 ACC - Possible Deficiencies in Franchise Payments Resolution No . 74 BE IT RE ..SOLVED , the Attorney for the Town is hereby authorized and directed to investigate the arrangements and possible deficiencies in franchise payments by the American Community Cablevision including communication with the City of Ithaca to determine what their investigation produced and how the City of Ithaca resolved the issue ; and be it further RESOLVED , the Attorney for the Town is to make a report and recommendation to the Town Board so they may discuss if the Town should proceed in the same manner as the City of Ithaca . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Conley DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 21 Assessment Class Action - Consolidated Rail Corporation Resolution No . 75 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby agrees to adhere to the advice provided by the Attorney that the Town of Ithaca take no action in the Notice of Class Certification by " Consolidated Rail Corporation against the State Board of Equalization and Assessment et al " , thereby the Town of Ithaca would remain in the class action , be bound by the outcome , and would allow the attorneys for the other named entities to undertake the defense oi= the class action . MOVED : Councilman Conley Carried Unanimously SECONDED : Councilwoman Grigorov DATED : March 7 , 1994 Q"' Ti & Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No . 22 Park and Open Space Acquisition Trust Fund Resolution No . 76 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby directs the Town Planning Committee to submit a recommendation to the Town Board on how a Town fund should be established for the receipt of money paid to the Town of Ithaca " In " Lieu of Park Land " , including the development of a formula and policy to determine the amount to be paid by a developer to the Town in such cases , and a definition of the use for which the funds may be expendE� d . MOVED : Council-man Klein Carried Unanimously SECONDED : Councilwoman Harrison DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item No , 23 Little Subdivision - " In Lieu of Park Land " Referral , Planning Board Resolution No . 77 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests the Planning Board reconsider the issue of " In Lieu of Park Land " regarding the Little Subdivision in view of the offer by Mr . and Mr ., . Little to provide a conservation easement covering ( 8 ) to ( 10 ) acres on the land they are reserving for their home area , and in view of their offer to provide a water line easement that would be useful to the Town of Ithaca , and a limitation on the other four logs ( B , C , D , E ) not to be further subdivided . MOVED : Council-woman Grigorov Carried Unanimously SECONDED : Councilman Klein DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk TOWN BOARD MEETING 3 / 07 / 94 AGENDA ITEM NO . 24 APPROVAL TO ENACT A LOCAL LAW AUTHORIZING REIMBURSEMENT OF MOVING EXPENSES Resolution No . 78 WHEREAS , the Town has occasionally allowed reimbursement , up to a set amount , for moving expenses incurred by certain new employees moving to the Town from out of the area , and WHEREAS , New York State Dept . of Audit and Control informed the Town that such reimbursement requires a Local Law authorizing such reimbursement , now therefore be it RESOLVED ; the Town Board of the Town of Ithaca does hereby approve proposing a local law authorizing the reimbursement of moving expenses , up to a set amount , incurred by certain new employees moving to the Town from out of the area . MOVED : Councilwoman Grigorov Carried Unanimously SECONDED : Councilwoman Harrison DATED : March 7 , 1994 y� - - 0 Joan Lent Noteboom , Town Clerk Town Board Meeting 3 / 7 / 94 Agenda Item Additional # 1 Appointment of Jacqueline White as Part - time Account Clerk / Typist Resolution No . 79 WHEREAS , the selection committee reviewed 27 resumes and interviewed four candidates for the Account Clerk / Typist position ; and WHEREAS , the committee feels Ms . White possesses the necessary skills and experience to successfully perform the duties of this position ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Jacqueline White , Part - time Account Clerk / Typist at $ 6 . 00 per hour , charged to account A1340 . 00 , not to exceed 20 hours per week . A six - month probationary period applies after which time a performance and salary review will be made . Benefits are limited to the part - time status of this position . MOVED : Councilman Conley Carried Unanimously SECONDED : Councilman Klein DATED : March 7 , 1994 Joan Lent Noteboom , Town Clerk C TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I . Joan Lent Noteboom , 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 Hall Bulletin Board Date of Posting : February 24 , 1994 Date of Publication : February 25 , 1994 Q., I& n T dn Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Swo to and subscribed before me this day of 19 . V ; yu E. POOLE I� }TARY PUBLIC STA E: OFNEWYORK N ry P&bfic # 4646 427 TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a Public Hearing will be held Monday , March 7 , 1994 at 7 : 00 p . m . , at the Town of Ithaca , Town Hall , 126 E . Seneca Street , Ithaca , New York , to consider a proposed local law rezoning certain properties amounting to approximately 5 . 8 acres along Ridgecrest Road in the Town of Ithaca from Residence District R - 30 to Residence District R - 15 and adjusting -the official Zoning Map accordingly . The Town of. Ithaca will at this time hear all persons in favor of or opposed to said local law . Joan Lent Noteboom Town Clerk PUBLISH : February 25 , 1994 f TOWNOFITH CAtt MCI HEARING ; PLE/45ETAKENOTICEthats ;- d�PublfeNoring Mondry, Morch.F7; 1990& ' �`OOYpmat fi,theTariof seriecc ;Streb Ithaca1:4'.' fork :fQ consl�e'rta propsed oca�`'=,lawsrez'onings�ce'itq(n; >ropeAlea�amounNng�to:tap r >roximately S f3raeresfalong`,` 4dggefh6crestr?Roady(not ri Town4 if;lco+from; Reside`nee�Dir'� tichR3010 Re�idencetDistrkE: I,15 �'.cnd adju3NngSf V' ° cd��of•R Icla�,l rZoning � Mcp�Taccoc he�7own'of Ithaca will aDflils. Imeihear all personsInfaVo`r' `y if!6r (opposed to, saidlocel. oan L"en9t�Nlokteboomp'� ` �#} hebrucryk25,w19.9,4sss TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF NARC!! 1994 YEAR TO DATE TYPE OF 4 OF B OF PERMIT YEAR PERMITS AMOUNT PERMITS AMOUNT SINGLE FAMILY ATTACHED 1994 0 0 0 0 RESIDENCES 1993 0 0 0 0 SINGLE FAHILY DETACHED 1994 2 359 , 000 3 459 , 000 RESIDENCES 1993 3 297 , 000 7 625 , 395 F1994 0 0 0 0 TWO FAHILY RESIDENCES 0 0 0 0 2 62 , 700 7 173 , 721 RENOVATIONS 1 8 , 500 3 18 , 500 1994 2 48 , 850 2 48 , 850 CONVERSIONS OF USE 1993 1 8 . 000 2 18 , 000 1994 0 0 2 27 , 000 ADDITIONS TO FOOTPRINT 1993 3 154 , 900 4 157 , 900 1994 0 0 0 0 HULTIPLE RESIDENCES 1993 0 0 0 0 BUSINESS 1 Ithaca Community Childcare 1 , 200 2 Coyote Loco 11 , 600 1 L ' Auberge 100 , 000 1 East Hill Plaza l 830 1994 5 114 , 630 7 211 , 072 1993 2 26 , 250 4 217 , 981 1994 0 0 0 0 AGRICULTURAL 1993 0 0 0 0 1994 0 0 0 0 INDUSTRIAL 1993 0 0 0 0 EDUCATIONAL 1994 1 CU Replace Library Annex Roof 100 , 000 1 100 , 000 1993 1 20 , 000 1 20 , 000 MISCELLANEOUS 1 Reinforce Balcony & Add Stairway 500 CONSTRUCTION 1 Deck 2 , 000 1994 2 2 , 500 4 18 , 500 1993 1 1 , 690 9 134 , 990 TOTAL NU11BER OF 1994 14 687 , 680 26 10038 , 143 PERMITS ISSUED 1993 12 516 , 340 30 1 , 192 , 766 TOTAL FEES 1994 14 11655 26 2 , 505 RECEIVED 1993 12 1 , 370 30 2 , 905 Date Preparedt April 5 , 1994 Andrew S . Frost Building Inspector/ 21oning Enforcement Officer TOWN OF ITHACA Monthly Report - March 1994 TOTAL CERTIFICATE: OF OCCUPANCY ISSUED THIS MONTH 2 1 , 20 Marcy Court - outside wood deck . 2 . 340 Forest. Home Drive - kitchen and dining room addition and interior renovations . TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1994 . . . . . 18 TOTAL CERTIFICATE: OF OCCUPANCY YEAR TO DATE - 1993 44 COMPLAINTS INVESTIGATED THIS MONTH 5 1 , 157 Poole Road - building code - pending . 2 . Burtt Place - zoning & building code - pending . 3 . 119 - 121 Snyder Hill Road - property maintenance - abated . 4 . 23 Fainiay Drive - building without permit - pending . 5 . 132 Forest Home Drive - building code - pending . From February .1994 : 1 . 220 Hayts (toad - use violation - abated . 2 . 117 Vera Circle - building code - abated . 3 . 1337 Slaterville Road - building code & zoning - pending . From January 1994 : 1 . 845 Taughannock Blvd . - building code - pending . 2 . 614 Elmira Road - building code - pending . 3 . 148 Kendall. Ave . - building code - pending . 4 . 63 Whitetail Drive - building code - abated . From August 1993 : 1 . 185 East King Road - zoning/ setback - abated ZBA variance . From June 1993 : 1 . 215 Renwick Drive - unregistered automobile - pending , ZBA denied . From February 1993f 1 , 155 Poole Road - ZBA conditions violated - pending . From 1990 : 1 . 10 Buttermilk Falls Road - building code - pending , legal action . TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1994 20 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1993 18 TOTAL FTM VISITS THIS MONTH 106 Uniform Buildinq Code - 67 Local Law and Zoning Inspections - 14 Fire Safety - 1 :3 ( 1 school , 1 apartment [ 4 units ] , 9 businesses , 2 restaurants , 1 church ) Fire Safety Reinspections - 9 ( 4 apartments , 4 businesses , 1 restaurant ) Fire Occurrences - 1 ( college dorm - trash can ) Fire Occurrence Reinspection - 2 ( 1 house , 1 restaurant ) TOTAL FIELD VISITS YEAR TO DATE - 1994 284 TOTAL FIELD VISITS YEAR TO DATE - 1993 . . . . . . . . 276 TOTAL SIGN PERMITS THIS MONTH 101 Spruce Nay & 10- 12 Judd Falls Road 2 TOTAL. SIGN PERMITS YEAR TO DATE - 1994 2 TOTAL SIGN PERMITS YEAR TO DATE - 1993 1 ZONING BOARD OF APPEALS 1 MEETING - 4 NES•1 CASES - AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARI24GS WEDNESDAY , MARCH 9 , 1994 7 : 00 P . H . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS ILMREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , MarCh 9 , 1994 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , CQ UENCING AT 7 : 00 P . M . , on the following matters : AFoeal of Stephen De Gloria , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to permit an existing single family residence to maintain side yard building setbacks of 1399± feet ( 15 foot side yard building .setbacks required ) . A Special Approval , under Article XII , Section i� 54 is also requested in order to permit the construction of an outside wood deck on the Gbuilding ' s north side , with said deck being 13 . 9± feet from the north side property line . Said building is located at 106 Clover Lane , Town of Ithaca Tax Parcel No . 59 - 2 - 5 , Residence District R- 15 . APoeal of David Bowlsby , Appellant , requesting a Special Approval from the Zoning Board of Appeals , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to ; maintain an accessory building along Cayuga Lake , on a non-conforming building lot if iflocated at 829 Taugh.annock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 38 , Residence c;�District R- 15 . Said building lot is non- conforming since it is less than 15 , 000 square Id feet in area and legs than 100 feet in lot width . � Appeal of James Scarpulla , Appellant , requesting a variance from the requirements of .L. Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single family residence with a 14 . 1± foot west side yard building setback ( 15 Qi foot setback required ) at 185 East King Road , Town of Ithaca Tax Parcel No . 45 - 1 - 54 , dResidence District R- 15 . Appeal of John Lamb , Appellant , Richard Jump , Agent , requesting a Special Approval from the Zoning Board of Appeals , under Article IV , Section 13 of the Town of Ithaca Zoning Ordinance , to construct a two car garage with an attached carport within the required front yard of a building lot and approximately 10+ feet from the street line , at 901 Zj Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 -41 , Residence District R- 15 . The average slope of the land , at the front yard , exceeds an 8% fall from the street Cline . In addition , the appellant . further requests a variance from the requirements of Section 13 , to construct said garage with a building height of 28+ feet ( 15 foot maximum height allowed ) , measured from the roof ridge to the lowest point of a supporting column at ground level . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of: such matters or objections thereto . Persons may appear by agent or in person . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273 - 1783 Dated : February 29 , 1994 Publish : March 4 , 1994 TOWN CLERK'S MONTHLY REPORT TOWN Of: Ithaca NEW YORK ( Month) March 19 94 TO THE SUPERVISOR: Pursuant to Section 27, Subd. 1 , of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office, during the month above stated, excepting only such fees and moneys the application and payment of which are otherwise provided for by law: NUMBER OF LICENSES SOLD OR ISSUED LICENSE CATEGORY COMMISSION COMMISSION FREE VOID TOTAL USED SPORTSMAN FISHING - SEASON 1100 HUNTING (SMALL GAME) BIG GAME (DEER b BEAR) TRAPPING JUNIOR ARCHERY (14- 15 YEARS) FISHING - 3 DAY JUNIOR TRAPPING (UNDER 16 YEARS) SENIOR (65 + / MILITARY DISABILITY) NON - RESIDENT BIG GAME (DEER & BEAR) NON - RESIDENT HUNTING SEASON (SMALL GAME) NON - RESIDENT FISHING - SEASON NON - RESIDENT HUNTING - 5 DAY SMALL GAME NON - RESIDENT FISHIIJG - 5 DAY BOWHUNTING (BIG GAME LICENSE REQUIRED) MUZZLELOADING (BIG GAME LICENSE REQUIRED) JUNIOR HUNTING ( 12- 15 YEARS) LOST LICENSE CERTIFICATE TOTAL SOLD XXXXXXXXXX: 'XXXXXXXXXX FEES TO TOWN COMMISSION @ 1* $ XXXXXXXXXX ADD - TOTAL 1 . 00 . COMMISSION @ $ COMMISSIONS $ 5 Marriage Licenses No. 6 to No. 10 @ 8 . 75 $ 43 . 75 Marriage Certificates @ 10 00 10 . 00 1 Marriage Transcripts @ — 1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54 . 75 1010 — 1090 REAL PROPERTY TAXES $ INTEREST and PENALTIES $ 2001 PARK and RECREATION CHARGES 2110 ZONING FEES $ 2115 PLANNING FEES S 2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSE $ FEE $ TOTAL 2540 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSES FEE S TOTAL 2544 15 DOG LICENSE - ppI&A46 � 2777251 -H to 2777265-D @ X2 . 00 30 . 00 62_ DOG LICENSE - R7175030-D to R7 175091 -A @ $ 2 . 00 124 . 00 2545 OTHER LICENSES Tax Searches — 3 @ $ 5 . 00 15 . 00 2555 BUILDING PERMITS Zoning Ordinances — 1 @0 5 . 00 2590 OTHER PERMITS Copies 3 . 00 2655 MINOR SALES N_Qise Ordinance — 1 @ $ 1_00 1 . 00 2770 OTHER UNCLASSIFIED REVENUES Comprehensive Plant x$ 9 . 00 18 . 00 DQg_lnLtmeration - 77 @_$ 1 . 00 77 . 00 i TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 327 . 75 ' Amount paid to SUPERVISOR for Games of Chance Licenses Amount paid to SUPERVISOR for State Share of Bingo Licenses 13 . 00 Amount paid to D.E.C. for Conservation Licenses Amount paid to COUNTY TREASURER for Dog Licenses 154 . 70 Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 56 . 25 Amount paid to for Lottery Tickets Amount paid to State for Sales Tax on Sale of Dogs SPCA Contract 422 . 30 jReceived Payment of these amounts: TOTAL DISBURSED . . . . . . . . . . . . . . . . $ 974 . 00 i April 4 , _ 19 94 _ Supervisor STATE OF NEW YORK, COUNTY OF Tompkins TOWN OF Ithaca Joan Lent Noteboom being duly sworn, says that S he is the Clerk of the Town of Ithaca that the foregoing is a full and true statement of all Fees and Moneys received by In er during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. p Subscribed and Sworn to before me this X (� J ' J day of _ 199 P. F Ti T F. Pn (- E Town Clerk LiC / /9 , tit YORK �0 30 U-4646-427 Note — Prepare i dup m e. Remit original to Supervisor, retain copy for Clerk's record. c CnPvnghi 1901 Agenda Item # 3e TOWN OF ITHACA RECEIVER OF TAXES March 1994 Monthly Report 1994 Tax Warrant - Town of Ithaca Total Town Warrant - 1994 $ 31269 , 479 . 14 Total Town Warrant Paid to Supervisor - 1 / 94 : 11745 , 000 . 00 Total Town Warrant Paid to Supervisor - 2 / 94 : 1 , 524 , 479014 Balance Due . - 0 - Miscellaneous Payments to Town Supervisor 3 / 23 Fee : Cks . Returned for Insufficient Funds $ 18 . 00 3 / 23 Interest : Receiver of Taxes Checking Account 16 . 28 ( February ) TOTAL MISC . PAYMENTS TO SUPERVISOR - March 1994 : $ 34 . 28 Taxes Collected : 3 / 94 $ 137 , 902 . 90 Interest & Penalties Collected : 3 / 94 21758007 TOTAL COLLECTED - March 1994 : $ 140 , 660 . 97 1994 In Lieu of Taxes Due : Tompkins County Medical Office Associates $ 91613 . 30 National Cash Register ( NCR ) 10 , 926 . 30 * * Ellis Hollow Associates 38 , 009 . 31 Cornell University - ( Benefit Assessments ) 61420 . 00 * * Ithaca Elm / Maple Houses Incorporated TOTAL IN LIEU OF TAXES BILLED : $ 64 , 968 . 91 Payments Recv ' d : T Co . Medical Office Associates - 91613 . 30 National Cash Register ( NCR - 10 , 926 . 30 Cornell University - 61420. 00 BALANCE DUE IN LIEU OF TAXES : $ 38 , 009 . 31 * * Represents amount billed , it is unknown if contract negotiations will result in same amount received . * * In Lieu of Tax payment from Ithaca Elm / Maple Houses Incorporated , West Village Place , is unknown until received in April / May . Payment based upon gross basic rents , calculated by HUD . i i 3 / 94 Receiver of Taxes Report Page 2 . 1994 Tax Warrant - Tompkins County Total County Warrant : $ 31442 , 569 . 82 2 / 94 Total Payments : Tompkins County - 21230 , 000 . 00 3 / 2 Payment : Tompkins County - 50 , 000 . 00 3 / 23 Payment: : Tompkins County - 30 , 000 . 00 BALANCE DUE TOMPKINS COUNTY : $ 11132 , 569 . 82 Miscellaneous Payments To Tompkins County 2 / 2 Installment Service Charges $ 13 , 488 . 85 3 / 23 Interest : Receiver of Taxes Checking Account 361 . 09 ( February ) ASSISTANT BUDGET OFFICER REPORT FOR THE MONTH OF MARCH 1994 The Finance Committee met before the March 7 , 1994 Town Board meeting . They adopted the duties of the committee , reviewed the vouchers , and appointed tellers to audit petty cash . Our records management is right on schedule . The majority of our records have been done . We hope to tackle the State Aid for Youth and bond schedule files this Spring . On 03 / 14 % 94 we renewed a Repo of $ 803 , 872 . 88 for ninety - one days at 3 . 300 . The rates have finally gone above three percent ! ! Jacqueline White is our new part - time Account Clerk Typist . She began 03 / 14 / 94 and will be working twenty hours per week doing book work and computer entries . The firm of Ciaschi , Dietershagen , Little and Mickelson , our independent auditors examined our records on the week of March 21 , 1994 . Their audit report is expected to be ready shortly . Respectfully Submitted Sally E . Alario Assistant Budget Officer Purchasing Agent 4 / 6 / 94 k"Ck. PERSONNEL MANAGER ' S MONTHLY REPORT TOWN BOARD MTG . 4 / 11 / 94 The Personnel. Department has completed the process of recruiting candidates for three positions within the Town : Town Planner , Deputy Town Clerk and Parks Grounds Assistant . Interviews of four Town Planner candidates is scheduled for April 12 ; five Deputy Town Clerk candidates will be scheduled this week ; six candidates have already been interviewed for the Parks Grounds Assistant and await a final decision . The Personnel Committee discussed three issues on March 11 , 1994 : 1 . Reimbursement for work related education expenses - will consider on an individual basis 2 . A change in the Parks Grounds Ass t . salary range range was not changed 3 . Offering meal allowances to hourly workers - approved and sent to Town Board for consideration An in - house Quality Training Workshop was provided for clerical and technical employees employed in the past two years . Employment taxes and salaries ( Town of Ithaca and SCLIWC combined ) for the period Jan . 1 - March 30 , 1994 have been paid , balanced , and .reported as follows : Total Gross Salaries $ 381 , 199 . 19 Federal Income Tax 39 , 592 . 32 Social Security 45 , 685 . 22 Medicare 10 , 684 . 51 NYS Income Tax 16 , 479 . 13 TOWN OF ITHACA AI1'l 1DA.V1: 7' Ofil POS '.l' 1: NG AND VUL' LICA1110N 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. ) --- ( Scc ' Itl: aclled ) Location of sign board used for posting : Town Clerk ' s office 126 East Seneca St . • Date of Posting : March 17 , 1994 Ithaca , NY 14850 Date of Publication : March 199 1994 OCLry Tow Clerk , Town of It aca STATE OF NEW YORK ) COUNTY OF MTKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this day of LEAN B. CARPENTER Notary Public, State of New York NZ Qualifies! in Tompkins Co. Wo. 4797177 Notary Public , My Commission Expires April 30, 1 9. 1? TOWN OF ITHACA PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN , that the Town Board of the Town of Ithaca will hold a Public Hearing , April 11 , 1994 at 7 : 00 p : m . , 126 East Seneca Street , Ithaca , New York in order to consider a' " LOCAL LAW EXTENDING THE TERM OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " ; and PLEASE 'TAKE FURTHER NOTICE , at the aforementioned time and place all interested citizens will be afforded the opportunity to voice their approval or opposition of the said Local Law . Joan Lent Noteboom Town Clerk March 15 , 1994 �uur}�r fih; ,( j � Nfk L TOWN OFiRHACA� PUBLICFHEAl21NGrYf ftl,� '. OTICE 1NOTICE;+IVHEREBY +Gry EN ;that, the 'Town�,Board ofthe , jowr%40 Ithcca` wlUirhoI' `.1 9ka 7(:WP mA126~Ec f Seeeeb� Street;: Itheea, , New. York"'in cjr'der? tok6esider: a 'LOCAL'IrLAW, : EXiENt31NG tTHE-JERMkOF �-TpWN OFD ITHACK-SUPERVISORt FROM fTWO YEARS,r TOFO�UR = YEARS" and u ; --k � IF, 1E FURTHER ,NO t T10E,°u6fi_then ahiremennoned; Rnii 6M place .611Einterested . °Citizejii�;will;lse .offorded'the opportunity'toKvoicotheir;oF ' ptoval� ,orhoppo"s'itlon�of'the C����6�an �Lent�Noreb om � TownCierk M6reh .19,-�19Q4•, �' ' - c-