HomeMy WebLinkAboutTB Minutes 1993-03-08 Town Board Meeting 3/8/93
Agenda
1 . Call to Order
2 . Pledge of Allegiance
3. Report of Town Officials
a. Town Supervisor
b. Town Engineer
c. Town Highway Superintendent
d. Town Building Inspector/Zoning Officer
e . Town Planner
f . Receiver of Taxes
4 . Report of Town Committees
5. Report of Tompkins County Board of Representatives
6 . PERSONS TO BE HEARD
7 . PUBLIC HEARING - 7 : 30 p. m. - Consider establishment of
Coddington Road Lighting District.
8 . Consider SEQR related to , the establishment of the Coddington
Road Lighting District.
9 . Consider Order Establishing Coddington Road Lighting
District.
10 . Consider setting a Public Hearing to consider a, "LOCAL LAW TO
AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT
MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT
OBTAINING BOARD OF APPEALS APPROVAL" .
11 . Consider setting a Public Hearing to consider a, "LOCAL LAW TO
AMEND LOCAL LAW NO. 4-1979 OF THE TOWN OF ITHACA TO CLARIFY
MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF
SUCH LOCAL LAW" .
12 . PUBLIC HEARING - 8: 00 p. m. - Consider a "LOCAL LAW AMENDING
THE ZONING MAP TO REZONE TAX PARCELS No . ( 6 ) 54 . -7-41 and ( 6 )
54. -7-43, LOCATED AT 237 CODDINGTON ROAD, FROM RESIDENCE
DISTRICT R-9 TO MULTIPLE RESIDENCE DISTRICT MR" .
13. Consider SEQR related to Local Law amending the Zoning Map to
rezone premises at 237 Coddington Road .
14 . Consider tabling adoption of SEQR related to Local Law
amending the Zoning Map to rezone premises at 237 Coddington
Road .
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15 . Consider adoption of "LOCAL LAW AMENDING THE ZONING MAP TO
REZONE TAX PARCELS NO. ( 6 ) 54 . -7-41 AND ( 6 ) 54 . -7-43, LOCATED
AT 237 CODDINGTON ROAD, FROM RESIDENCE DISTRICT R-9 TO
MULTIPLE RESIDENCE DISTRICT MR" .
16 . Consider tabling adoption of Local Law amending the zoning
map to rezone premises at 237 Coddington Road.
17 . Consider setting Public Hearing to enact a Local Law for the
redesignation of the Town of Ithaca Conservation Advisory
Council as the Town of Ithaca Conservation Advisory Board.
18. Consider approval of Agreement for Expenditures of Highway
Funds.
19 . Consider approval of vehicle purchases for Building/Zoning
Officer and Town Engineer.
20 . Consider authorization of attendance at seminar entitled,
"Understanding Wetlands and 404 Permitting" by Town Engineer.
21 . Discussion of appropriate Sunset Provisions 18/36 months;
possible Sunset Provisions for subdivisions and rezoning .
22 . Review Interim Narrative Project Performance Report for
Inactive Records Storage Project - SARA.
23. Consider approval of revised Subdivision Regulations .
24 . Consider setting Public Hearing for the transfer of Town
property in Eastern Heights.
25 . Ratify appointment of Patricia Leary as the Town of Ithaca
representative to the Tompkins Community Hospital Board
Corporation.
26 . Consider appointment of Holly Beermann as the Town of Ithaca
representative to the Joint Youth Commission.
27. Ratify budget amendment regarding Election Expenses.
28. Consider approval of attendance to a Word Perfect Shortcut
Seminar by the Secretary to Building/Zoning, and Accountant
Clerk Typist.
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3/8/93
Pg. 3
29 . Consider approval to change employee status and salary for
Alvin Howell, Highway Laborer.
30. Consider approval of February 8, 1993, Town Board Meeting
Minutes .
31 . Consider water and sewer billing refund .
32 . Consider letter of appreciation to members of the
Comprehensive Planning Committee .
33 . TOWN OF ITHACA WARRANTS
34 . BOLTON POINT WARRANTS
35 . EXECUTIVE SESSION
36 . Adjournment
Town Board Meeting 3/8/93
Additional Agenda Items
37 . Consider reappointment of Patricia A. Driscoll to the Economic
Opportunities Corporation.
38. Consider appointment of members to the Town of Ithaca
Agricultural Committee .
39 . Consider authorization for Highway Department to purchase
Front End Loader.
Additional :
1 . Consider penalty charge refund, Ithaca College .
2 . Consider acceptance of Whitetail Drive .
Town of Ithaca
Town Board Meeting Minutes
March 8, 1993
At the 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:
PRESENT: John Whitcomb, Deputy Supervisor
Catherine Valentino, Councilwoman
Karl Niklas, Councilman
Frank Liguori, Town Councilman
Patricia Leary, Town Councilwoman
David Klein, Councilman
ALSO PRESENT: John Barney, Town Attorney
Joan Lent Hamilton, Town Clerk/Receiver of Taxes
Daniel Walker, P. E . ; Town Engineer
Scott McConnell, Highway Superintendent
Floyd Forman, Town Planner
Andrew Frost, Building/Zoning Officer
Steve Paterson Lars Washburn
Amy Schco Michael Duttweiler
Jean O 'Brien William E . Bennett
Paul Lentini Brent K. Stephens
Brian David Arthur Stein
Karen Baum Bruce Brittain
Rob Mooney Ed Mazza
Tammo Steenhuis
EXCUSED: Shirley Raffensperger, Supervisor
Sally Alario, Assistant Budget Officer
Pledge of Allegiance : The Deputy Supervisor led the assemblage in
the Pledge of Allegiance .
Call to Order: The Deputy Supervisor called the meeting to order
at 5 : 30 p. m.
Agenda Item No. 3 - Report of Town Officials
a. Town Supervisor: No report.
c. Highway Superintendent' s Report: Mr. McConnell reported on the
Highway and Parks Department ' s written reports, (copy attached) .
Councilwoman Valentino noticed the Highway Department is developing
a proposal for a tennis court/ice skating rink in Eastern Heights
Park area and asked where it would be . Mr. McConnell explained it
would be located on the flat portion near the back stop for the
ball field. It may be a temporary during the winter with a water
proof membrane . or an indentation that could he flooded in the
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Agenda Item No . 3 - Cont'd
winter for skating, and be a lawn area in the summer. Mr. Schoch
has set stakes to start developing this idea. These facilities
would be free of charge to anyone wishing to utilize it, and will
be low maintenance .
d. Building/Zoning Officer' s Report: Mr. Frost reported on his
written report, ( see attached) .
e . Town Planner' s Report: Mr. Forman reviewed his written report
with the Board, ( see attached) .
Mr. Forman reported that he has received a letter of resignation
from John Czmanske, Planner I who has accepted a caretaker' s
position at the Cayuga Nature Center.
Motion made by Councilman Niklas directing and authorizing the Town
Planner and the Personnel Director to solicit applications for the
position of Planner I . Seconded by Councilwoman Valentino.
Mr. Niklas, there is a definite need for a liaison between the
Planning Department and the Codes and Ordinances Committee .
Councilwoman Leary asked who would write the advertisement for
employment? Mr. Forman said he will write the advertisement and
have it approved by the Supervisor.
Motion carried unanimously.
f . Receiver of Taxes Report: his. Hamilton reported on her written
report, ( see attached) .
Tompkins County has told the Town the interest on the checking
account balance which includes their warrant is to be paid to them.
The Receiver has discovered this is not the case, the interest
belongs to the Town until our warrant is paid. Therefore, the
interest on the funds for January will be the Towns.
The Receiver explained that the In Lieu of Tax amounts have not all
been paid. There is a balance due from the Ithaca/Elm Maple Houses
Incorporated that is not known until HUD calculates the amount
based upon the gross basic rents.
None of the In Lieu of Taxes have ever been charged interest and
penalties when the bill is not paid by January 31 . The Receiver
stated other taxpayers are charged interest and penalties if the
taxes are not paid by January 31 , and that it would be only fair
that the In Lieu Of Taxpayers also be charged interest and
penalties. The Receiver asked for the Town Board' s direction on
this matter.
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Page 5.
Agenda Item No . 4 - Cont' d
discussed a survey that has been used in other areas to sample what
people would like in recreation. Councilwoman Valentino asked the
Board members to review the survey and make suggestions to her
concerning the content.
The Task Force is trying to develop a survey that has general
questions that will cover most of the County. Then have one area
of specific questions that would apply to specific Towns. The Task
Force is working with Ithaca College . NYSEG may pay for the survey
to be mailed out in customers utility bills. It will also be
publicized before it is sent out.
The Task Force is trying to develop a way of setting up a
cooperative which is truly an "intermunicipal cooperation" where
entities are equal partners instead of one entity deciding the fees
and how it will work.
Councilwoman Valentino said she feels much better about the
Committee this year, there is more hope for success this year.
Councilwoman Valentino represented the Town of Ithaca at an awards
ceremony for volunteers who serve on various youth commissions and
bureaus. There were 109 people who are volunteers throughout the
County on recreation committees . The Town of Ithaca was presented
a certificate of thanks to share with the Village of Cayuga Heights
.and the Village of Lansing. The certificate will be ,hung in the
Town Board room.
The Eleanor Roosevelt Award given by the State each year was one of
two presented this year to the Tompkins County Youth Bureau for its
development of volunteer workers . This award is highly prestigious
and it was an honor for the Youth Bureau to receive this award.
Deputy Supervisor Whitcomb presented a resolution from the
Conservation Advisory Council . The CAC at its last meeting passed
the resolution in support of the Governor' s proposal to shift from
a property tax basis to an income basis for the burden of the
school tax. The CAC has asked that the Town Board endorse this
resolution and forward it to the proper officials.
The basis of the CAC ' s recommendation is that one of the reasons
people convert open space to developed space is because of the high
property taxes . Farmers in particular complain about the property
tax, the amount of land a farmer owns is not necessarily an
indication of how much money they make . A fairer tax of the income
would help to maintain open space.
TB Mtg. Minutes 3/8/93
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Agenda Item No. 4. - Cont ' d
Councilman Liguori mentioned that there is a great deal not known
about the specifics of how this would work. We do not know if both
taxes will be available to the schools, we should know that before
committing the Town. It sounds good from the property taxpayers
point of view. Councilman Liguori asked for more information
before acting on this .
Councilwoman Valentino said she has been in favor of a property tax
to income tax because income tax is much fairer. It is not
regressive for farmers and people who are disabled and are subject
to losing their property because they no longer can pay their
taxes. There are some concerns, you don ' t want to end up paying
both taxes. The resolution needs to empathize the change from one
to another.
Attorney Barney explained as a President of a school board, at
present the State aid ratio is approximately 50% . This means that
50% of your school is now an income based tax, because the State
aid is derived from state tax based on income . The other portion
is what is being proposed with this resolution .
Mr. Barney' s concern were that even if it is a direct shift and the
schools are precluded from raising property taxes, or are taken out
of the property tax method altogether how would it be administered.
This will not stop other taxing entities from then moving in where
there is a vacuum. School taxes are roughly two thirds of the tax
burden of the landowner. With respect to the County, when they see
the reduction of property taxes by 70% they might during the next
tax time increase their taxes.
The sales tax was presented as a great reduction in property tax,
we did see a minor reduction the first year and from that point on
the property taxes have increased.
Councilman Miklas suggested the Town Board defer this issue until
the next Town Board meeting when more information can be gathered.
Councilwoman Valentino agreed that the Town Attorney' s views were
of concern, but we can go on forever assuming these things will
happen, and that is why it never gets changed. Maybe we should not
only think in terms of deferring this issue, but expressing our
concerns and saying what historically the problem has been.
Councilman Klein suggested we not make a blanket endorsement
without knowing what and how it would be done .
TB Mtg. Minutes 3/8/93
Page 3.
Agenda Item No. 3 - Cont' d
Attorney Barney doubted that HUD a federal agency, would pay the
interest and penalties even if charged.
The Receiver pointed out that at least charging the interest and
penalties would trigger HUD paying us on a more timely basis.
Councilman Whitcomb asked the Town Attorney if the Town has the
authority to charge interest on the In Lieu of Taxes? Attorney
Barney said it was worth investigating, and that absent the
statutory authority the Town can sue and collect 9% for the
judgement rate on a default. The payment In Lieu of Taxes is
normally pursuant to an agreement to pay, and it is a breech of the
agreement to not to pay it.
Councilman Niklas stated it was worth pursuing either way, whether
we garnish some additional income, or if we provoke them to make
their payments on time.
The Receiver pointed out that in 1992 the Town did not receive
payment of these amounts until July. The amount from HUD last year
was approximately $40,000. Ellis Hollow has still not paid their
In Lieu of Taxes from 1992 .
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino authorizing the Town Attorney to review the law and make
a recommendation to the Town Board regarding interest and penalties
on In Lieu of Taxes. Carried unanimously.
The Town Clerk reported that the Zoning Ordinance provided by the
Zoning Department for sale to the public has cost $5. 20 in
publication costs . The Town is presently charging $5 . 00 for that
document.
The Town Attorney stated that changing the fees charged might
require an amendment to Local Law No. 12 of 1992 which addressed
fees collected by the Town Clerk.
Councilman Niklas asked if the Local Law could be changed to say
"to cover cost to the nearest $ .05 so that the Local Law would not
have to be changed each year due to production costs?
Attorney Barney said normally the charges are for copies under the
Freedom of Information Law, and copies in the case of the Zoning
Ordinance would actually cost $15. 00 to $20 . 00. It would be better
to have the Town Board set the amount in the Local Law.
Motion made by Councilman Niklas that the Town Clerk advertise for
a Public Hearing in order that the Town Board may amend Local Law
#12/1992 if the Town Attorney deems it is necessary to amend said
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Agenda Item No. 3 - Cont'd
Law in order to change copy fees charged for documents. Seconded
by Councilman Klein. Councilman Whitcomb made the comment that the
Town has previously subsidized other publications . Councilman
Whitcomb voted nay on the resolution.. Motion carried.
d. Town Engineer' s Report: Mr. Walker reported on his written
report, ( see attached) .
Agenda Item No. 4 - Report of Town Committees
Councilman Klein, the Planning Board is going to conduct Public
Information Meetings on March 11 , March 23, April 6 at Ellis Hollow
Apartments concerning the Comprehensive Plan. The members of the
CPC will attend and assist the Planning Board. Councilman Klein
will be making an introduction, Mr. Forman will be presenting the
plan, and then questions and comments will be addressed.
Councilman Klein asked the Town Board members to try and attend
some of the meetings.
Agenda Item No. 32 - Comprehensive Planning Committee Appreciation
Councilman Klein presented a resolution of appreciation to the
Comprehensive Planning Committee for adoption by the Town Board.
(See attached) .
Motion made by Councilman Klein adopting the Resolution of
Appreciation to the Comprehensive Planning Committee . Seconded by
Councilman Niklas suggesting that the wording in the last paragraph
be stated "sincere appreciation to the citizen volunteers" .
Suggestion of wording change accepted by Councilman Klein. Motion
carried unanimously.
Councilman Klein asked the Town Clerk to send a copy of the
resolution to the individuals mentioned in the resolution.
Councilman Niklas thanked Councilman Klein for his unselfish
devotion as Chair of the Comprehensive Planning Committee . All
Board members thanked Councilman Klein.
Agenda Item No. 4 - Continued
Councilman Niklas said the COC canceled their March meeting because
of a conflict with the members schedules.
Councilwoman Valentino stated the name of the new recreation
committee of which she is a member is called the Intermunicipal
Recreation Task Force . There has been one meeting, with someone
from the State Recreation Department there. The County Planning
Department is heading these meetings. Councilwoman Valentino
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Agenda Item No. 4 - Cont' d
Councilwoman Leary said she would like to take a more definitive
stance, even if it wasn ' t a straight replacement of the old system
and there were a couple of different taxes, it would replace some
of the reliance on property tax.
Councilman Whitcomb said he would take the resolution back to the
CAC so that they can edit the resolution to include the concerns
the Town Board has expressed.
Agenda Item No. 5 - Tompkins County Board of Representatives
No report.
Agenda Item No. 10 - Setting Public Hearing to Amend "LOCAL LAW TO
AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF
SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF
APPEALS APPROVAL"
Attorney Barney explained presently the Zoning Ordinance has a
provision that says lots of record may be built upon with a single
family house only. It makes no provision where you have an existing
single family house on a subsize lot where someone wants to expand
that house and otherwise be in compliance with the ordinance . ( ie .
deck, addition) . Since it is a nonconforming use being on a
substandard lot now you have to go to the Zoning Board of Appeals
and obtain special approval . This amendment would allow the
enlargement of a house that would otherwise comply without the need
to go to the Zoning Board of Appeals for special approval . It is
inconsistent to say that if you have a lot you can build a house
on, but the instant the house is built you cannot put an addition
on it without the ZBA approval. This Local Law would eradicate
that problem.
Councilman Niklas said the COC looked at this proposal and
unanimously recommended that it be approved with the understanding
that the additions would not infringe with setbacks, it would
comply with all other requirements.
Mr. Frost, if it were a use that were nonconforming it would have
to go to the ZBA, if the existing structure were deficient in some
kind of set back it would have to go to the ZBA. If the house
meets all requirements, theoretically the house could be torn down
and a new house could be built with the additions without approval
of the Zoning Board of Appeals.
Motion made by Councilman Niklas authorizing and directing the Town
Clerk to advertise for a Public Hearing to be held on April 12 ,
1993 at 7 : 15 p.m. to consider the proposed Local Law as discussed.
Seconded by Councilman Klein. Carried Unanimously.
TB Mtg. Minutes 3/8/93
Page 8.
Agenda Item No . 11 - Local Law to Amend Local Law No. 4-1979
Clarify Materials Subject to Maintenance Obligations
Attorney Barney explained that the Town has a Local Law which says
junk, garbage and the like has to be removed from premises. The
Building/Zoning Officer is having problems enforcing this law
because what he perceives as an abandoned car may be considered an
antique by the owner. This junk can be kept if it is out of sight,
this Local Law would only pertain to junk not out of sight.
The amendment would allow a variance procedure for individuals who
have an antique vehicle , and takes the word "automobile" from
paragraph 4, creating a separate paragraph describing how the Local
Law would affect abandoned
vehicles.
Councilman Niklas, the COC has reviewed this proposed amendment and
is recommending the passage of this Local Law.
Mr. Frost, this Local Law would also enable an individual who has
a vehicle that is only utilized in the winter to have a unseemly
vehicle as long as it has been registered within the last year.
Motion made by Councilman Niklas authorizing the Town Clerk to
advertise for a Public Hearing to be held on April 12 , 1993 at 7 : 30
p. m. in order to consider a "LOCAL LAW TO AMEND LOCAL LAW NO. 4-
-1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO
THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW" . Seconded by
Councilwoman Valentino. Motion carried unanimously.
Agenda Item No. 17 - Setting Public Hearing Redesignation
Conservation Advisory Council as Conservation Board
Councilman Whitcomb stated that in the proposed Local Law where it
states "Conservation Advisory Board" it should be changed in all
instances to read "Conservation Board" . Section 239 X and Y of the
State Law reflects "Conservation Board" .
Councilman Whitcomb, this is similar to the resolution that
established the CAC with the exception of Section 2, Powers and
Duties . Last month the Town Attorney explained that a Local Law
had to be adopted in order to supersede or modify the State
requirement that the Conservation Board do a review of every
application no matter how large or small that came before the Town.
Attorney Barney has inserted language in Section 2, Powers and
Duties in order to modify that State requirement.
Mr. Forman explained that Section 2 , vi, would require every site
plan no matter how small or large to be reviewed because 50 vehicle
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Agenda Item No. 17 - Cont ' d
trips is virtually nothing. Any established business is going to
have fifty vehicle trips. Therefore, you cover single family homes
or any subdivision under Items 4 and 5 . Mr. Forman suggested that
item six be changed to "create one hundred or more vehicle trips
per peak hour" .
Councilman Liguori was bothered that traffic is outside of the
expertise of the Conservation Board. If the Planner or the
Engineer feels it is exceeding a limit they are uncomfortable and
can ask for a referral .
Councilman Whitcomb stated this item was put in to trigger a
Conservation Board review of commercial activity.
Councilman Klein asked if the recognized guidelines of traffic
could be used?
Mr. Forman stated the Association of Transportation Engineers
guidelines is what the Town uses. They actually go to businesses
and count the number of trips .
Mr. McConnell explained that one hundred or more trips per peak
hour is only 50 vehicles going in and out.
Councilman Niklas suggested that the language be changed to state
in item six, "to create fifty or more vehicle trips per peak hour" .
Mr. Walker asked whether the fill permits would be included in
thresholds to go to the Board, or can they be approved
administratively?
Councilman Whitcomb, the intent is anything would be required to go
to a Board after following the administrative procedures.
Attorney Barney, even the fill permits that are handled
administratively involving Items 1 -6 under B would require review
by the Conservation Board. There would not be many projects that
would qualify.
Councilman Niklas recommended that Section 2 , C item I should say
"the request of the Town Planner or Town Engineer and the
concurrence of the Chair of the Board" . There are times that the
Engineer would be aware of things that the Planner is not.
Attorney Barney stated that built into the proposed Local Law is
the option of the Conservation Board with the concurrence of the
Town Planner declining performance of formal review.
TB Mtg . Minutes 3/8/93
Page 10.
Agenda Item No. 17 - Cont' d_
Councilman Whitcomb pointed out that on Page 3 Item C, the time
limits imposed of 20 working days are now in conjunction with the
time limits as set in the Subdivision Regulations.
Mr. Forman explained the constraints the Planning Board is imposing
on itself. The staff attempts to provide materials to the Planning
Board approximately 5 days before the meeting for review. The
staff is trying to change the Subdivision Regulations so that staff
will have 30 working days to be able to review items. This will
allow them asking applicants to correct or change something if it
is necessary. The language as it is now does not allow the time
limit needed to effect change if necessary.
Councilman Whitcomb, this would be concurrent review with the
Planning Board and the Conservation Board at the same time .
Councilwoman Leary, even though the word "Advisory" is removed from
the new name the function of the Conservation Board would still be
the same.
Councilman Niklas asked if there were language which would allow
the ability of the receiving entity to reject the recommendation,
are there any comments about what obligations are impressed on the
receiving entity?
Councilman Whitcomb responded that there are not, this Board will
be an advisory board only.
Councilman Niklas, it may allay public concern if it were in the
local law that this Board would be of an advisory capacity.
Councilman Liguori said he never did understand what changing from
Advisory Council to Board really accomplishes. Does the Law say
something different once they become a Board?
Attorney Barney, they cannot become a Board until the Open Space
Index is completed. There is no legal significance between the
difference in an Advisory Council or Board.
Councilman Niklas asked if the Advisory Council or the Conservation
Board could be dispensed with by resolution of the Town Board?
Attorney Barney, if this is adopted as a Local Law it would require
a Local Law to change it.
Councilman Klein asked if there would be any State funding for this
Board? Councilman Whitcomb;- ,the Board would continue to receive
the grant monies, 15% of the expenditures.
TB Mtg. Minutes 3/8/93
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Agenda Item No . 17 - Cont'd
Hr. Walker asked where the source of funding is located for staff
support of this Board because there have not been many projects to
date, but there may be another full time staff position needed to
support this Board from a clerical stand point with the minutes and
other reports.
Councilman Whitcomb, the CAC has had its own clerk/secretary in the
past. The reports of the CB would not have reports different than
the CAC.
Councilman Niklas, in the past when "Boards" have needed help the
Town has advertised for clerical help.
Hr. Forman, there are budget monies now for clerical help to the
CAC .
Motion made by Councilman Niklas, seconded by Councilman Liguori
authorizing the Town Clerk to advertise for a Public Hearing to be
held on April 12 , at 7 : 45 p.m. to consider a "LOCAL LAW
REDESIGNATING THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS
THE TOWN OF ITHACA CONSERVATION BOARD" .
Councilman Klein, under Section 6 , Procedures of Board is it
necessary to establish voting requirements of the Board? Any
recommendations are non binding, Planning Board uses the majority
of the total numbers of the Board are needed to pass a resolution
as opposed to a quorum? This may have some weight on the
recommendation if there was a vote . There should be something
defining the Board' s actions on voting.
Attorney Barney, the general construction law of a municipal body
is usually the majority of those present. There is no variance for
the Conservation Board in State law. Administratively in the past
the CAC ' s review has been through a committee not made up of the
majority of the CAC .
Councilman Whitcomb, they have delegated their authority to that
committee in the by-laws .
Councilman Niklas, the membership of the CB would not be clearly
established because there can be a number of 3 to nine members.
Councilman Liguori suggested to state that lacking any rules, they
should follow "Robert ' s Rules of Order" .
Councilman Niklas suggested that the terms of office be staggered
instead of two year terms, so that they do not have the whole Board
reappointed every two years .
TB Mtg. Minutes 3/8/93
Page 12 .
Agenda Item No . 17 - Cont 'd
The Conservation Board will need to create their own by-laws
subject to the approval of the Town Board. It was the consensus
that the CB use "Roberts Rules" until their own by-laws are
established .
Hotion carried unanimously.
Agenda Item No. 19 - Vehicle Purchase for Building/Zoning Officer
and Town Engineer
Mr. Frost told the Board that the original budget for the purchase
of a 1993 Jeep Cherokee was $12 , 500 and an adjustment is needed for
the purchase of a car on the lot which has extras . Some extras on
the vehicle have been included at no additional cost. This vehicle
has four wheel drive and will help to ensure going where needed
regardless of weather conditions. The ability to get around is
significant in the event of any natural disaster.
Motion made by Councilwoman Valentino authorizing the purchase of
a 1993 Jeep Cherokee for the Building/Zoning Officer at a cost of
$13, 292, with the budget amendments as presented . Seconded by
Councilman Karl Niklas. Carried unanimously.
The Town Engineer, Truck 26 a 1982 Dodge Van used by the
Engineering Department has over 95,000 miles and is in fair to poor
condition. The Engineer needs a 3/4 ton service vehicle for
maintenance work on the water and sewer. There is a vehicle
currently in the Highway Department which is a 1991 Dodge 3/4 ton
four wheel drive that meets specifications. The Highway
Superintendent has expressed an interest in having a lighter
vehicle which would be more cost effective in serving the purposes
of the Highway Department.
The specifications for the new Ford 1/2 ton pick up truck would
result in a savings of approximately $2700 over the purchase price
of a 3/4 ton four wheel drive . The Engineering Department has the
funds distributed between the engineering, water and sewer. The
budgeted amount was $20,000 , the cost of the pick up truck is
$11 , 000 with additional parts including a radio for communications
with the fire department, Bolton Point, and the Town comes to $4000
in extras with a total cost of $15, 330. The approval of the
purchase of this truck Mould replace the Highway Department' s 3/4
ton truck.
The Engineering Department would get the two year Highway Pickup
and the Highway Department would get the new 1/2 ton pickup.
TB Mtg. Minutes 318193
Page 13.
Agenda Item No. 19 - Cont' d
Motion made by Councilman Niklas approving the purchase of a new
1/2 ton 4 wheel drive pickup truck using the State contract price,
and the conversion of the existing 3/4 ton 4 wheel drive pickup
truck to the Highway Department at a cost not to exceed $15, 500.
Seconded by Councilman Liguori . Carried unanimously.
Agenda Item No. 20 - Seminar Understanding—Wetlands and 404
Permitting
Notion made by Councilman Niklas approving the attendance of the
Town Engineer and the Chair of the Conservation Advisory Council at
a seminar entitled "Understanding Wetlands and 404 Permitting" .
Seconded by Councilwoman Valentino . Carried unanimously.
Y
Agenda Item No. 21 - Sunset Provisions
Attorney Barney explained there are some inconsistencies between
the site plan review and special permits concerning time limits.
There needs to be guidance from the Board as to whether to use 18
or 36 months with the COC discussing the possibility of drafting
legislation to make them all the same time limit.
Councilman Niklas explained the Supervisor also has some questions
on the rezoning. Her logic was that in a couple of instances the
Town has rezoned some properties compelled by what looked like good
site plans . Then the property falls through and the basis of the
rezoning is not necessarily going to be fulfilled. Once it is
rezoned it is rezoned . One way of dealing with this issue is to
provide a sunset policy.
Attorney Barney, rezoning is supposed to be in accordance with a
Comprehensive Plan, and if you rezone you are saying this is in
accordance with what we want to do, and if you rezone conditionally
you are saying this is the appropriate program, but if you don ' t do
it we will take it away. This is an inconsistency of the process .
Councilman Niklas, part of the Comprehensive Planning philosophy is
to be flexible. What if a developer were to come before the Town
Board with a wonderful project perhaps the Town had never thought
about, and then that project warranted rezoning but it didn ' t go
through. The legacy of rezoning is very dangerous .
Councilman Whitcomb, this is an issue which would be appropriate
for the COC to consider.
TB Mtg. Minutes 3/8/93
Page 14
Agenda Item No . 21 - Cont 'd
Mr. Frost explained that Cornell University got a special approval
for a particular project that has by the Zoning Ordinance a sunset
provision for 18 months, yet it got a site plan approval for 36
months. Things have occurred that may warrant a reconsideration of
site plan approval .
Hotion made by Councilman Klein authorizing and directing the COC
to discuss and consider Sunset Provisions related to time limits
18/36 months, and for subdivisions and rezoning, and to make a
recommendation and report to the Town Board. Seconded by
Councilman Liguori . Carried unanimously.
Agenda Item No. 18 - Agreement for Expenditures of Highway Funds
A requirement of Section 284 of the Highway Law is that prior to
any funds being expended by the Highway Superintendent for
permanent improvements of roads in the Town the agreement must be
approved by the Town Board and the County Highway Superintendent.
Item I is for general repairs including items not considered
permanent improvements for $207,000. Item 2 has four items for
permanent improvements.
a. Judd Falls Road - includes reconstruction of the resurfacing of
1100 feet of the road from Forest Home Drive towards Plantations to
include replacing the curb, and repairing the storm drainage .
b. Christopher Circle - across from the water tank.
c. Lexington Drive - commencing with Burlington Drive .
d. Farway Place - commencing at Warren Road, (correction from
Burleigh Drive ) .
These improvements are in accordance with the pavement plan that
has been in place for several years. It has been updated and
modified where needed. The majority of the improvement work for
1993 will be Judd Falls Road which is in the survey data gathering
process in where communications with the Forest Home Improvement
Association have taken place .
Councilman Whitcomb asked that the approval of the expenditures of
funds for these improvements doesn ' t necessarily mean the Town has
a complete plan in place for these roads?
TB Mtg. Minutes 3/8/93
Page 15,
Agenda Item No. 18 - Cont ' d
Superintendent McConnell responded that no, it does not. In order
to do the work later this year an agreement has to be in place with
the Board which will limit the Highway Department to that amount of
expenditures, or another agreement would have to be completed at a
later date .
Councilman Whitcomb said Item 2 , regarding the width of traveled
surface shows 22 feet, it was pointed out that the current traveled
surface shows 18 feet on that highway.
Superintendent McConnell , if the gutters are included it is 21 feet
now from the bases of the gutters.
Councilwoman Valentino asked if the road would be widened?
Superintendent McConnell responded that the curb is coming out, but
the plan has not been decided . Twenty one feet is an odd number,
22 feet would be 11 foot lanes on both sides.
Councilman Niklas, essentially the four items of the type,
thickness, and width specifications are the basis by which
calculations of the estimated costs are made . If the width of the
traveled surface was less it would be under budget. The Board is
committing the sums which are the basis for these roads, we are not
authorizing that a traveled surface be paved with a width of 22
feet.
Superintendent McConnell, there is no reason why it would not be
paved at 22 feet. The Judd Falls Road project still does not have
completed drawings . The intent of the Highway Superintendent and
the Town Engineer is that the plans for that be approved by both of
them, the Town Board, and the Forest Home Improvement Association
doing the best that can be done based on the design intents.
Specifics as to the width of 21 feet or 20 feet will be open to
what is necessary to meet the design intentions .
Councilman Whitcomb, the concern is that the 22 feet width in this
document not preclude a different width when the final design is
done .
Mr. Walker, the existing asphalt portion of the pavement is
somewhat under 20 feet, but the curb and gutter cement section is
18 inches which is in poor condition. It is not intended to narrow
this, but put new granite curb on the same face location that the
face of the concrete portion is now. More surveying is necessary,
there is some vertical alignment plans for the nature of the hills
which are very tricky to make work for all the neighbors.
I
TB Mtg. Minutes 3/8/93
Page 16 .
Agenda Item No. 18 - Cont ' d
We do intend to work with the Forest Home Association and they will
be involved in the process once the preliminary design is complete
to make sure the Association and the community understands what is
happening to show that we are trying to improve things and not
degrade the neighborhood.
There is also some additional work not expected to be completed
this year such as sidewalks, which will factor into the design so
they are not precluded by any work done this year. This type of
project would lead to a capital project later on .
Bruce Brittain, Transportation Committee for the Forest Home
Improvement Association addressed the Board. Mr. Brittain feels
reassured to know that the voting on this document will not
preclude the Town working with Forest Home to come up with a
mutually agreeable solution. The Association would feel more
comfortable since road width is such a critical issue if that were
struck from the document. If width is in flux there should be no
problem doing that on the Town ' s part, and this would give the
Association the added assurance that it is an issue yet to be
discussed and decided.
Councilman Whitcomb opened the Public Hearing for the Establishment
of the Coddington Road Lighting District at 7 : 30 p. m. and postponed
discussion until the conclusion of Agenda Item No. 18.
Councilman Niklas asked if the agreement could have all items
deleted other than the name of the road and the amount of the
expenditure?
Superintendent McConnell., this agreement has to be approved by the
County Highway Superintendent and if these items are deleted he may
not approve it. We have to say that this is the intent of the work
is to be done , length, what it is over, intentions of improving the
road. If we are looking at a difference of 21 feet to 22 feet that
is a minor difference, it should be left on there . It will not
hold the Town to doing exactly 22 feet. Mr. McConnell suggested
that in the comments that the "specific road width be agreed upon
during the design phase" .
Attorney Barney, Section 281 says that you do need an agreement in
order for the Highway Superintendent to do any work. When you
start getting inconclusive about it there is no agreement. What
you want to say is the "width of the traveled surface not to exceed
22 feet" , and then if the width is decided differently as a result
of discussions with Forest Home it can be completed as such.
TB Mtg. Minutes 3/8/93
Page 17 .
Agenda Item No. 18 - Cont'd
Councilwoman Valentino asked if the widths of the roads on the
others were 20 feet? Mr. McConnell said the other roads are all 20
feet.
Mr. Walker, there is a design consideration the three roads that
have 20 feet widths have graveled shoulders and ditches. The
standard section for curbed roads is 22 feet wide .
Councilman Niklas made a motion and approved the Agreement for the
Expenditure of Highway Monies with the amendment in Section 2 , a;
Width of Traveled Surface : Not to Exceed 22 feet, and the
correction of 2, D. , "commencing at barren Road" . Seconded by
Councilwoman Valentino.
Councilman Klein asked that if the funds are appropriated for the
resurfacing of Christopher Circle , Lexington Drive, and Fairway
Drive will work commence without further approval of the Board as
the schedule of the Highway Department permits, and does the Town
Board have a commitment from the Highway Superintendent to bring
the Judd Falls Road issue back to the Board?
Mr. McConnell said that is correct about all roads other than Judd
Falls Road. Because of the nature of the work to be done on Judd
Falls it requires design, survey and mutual agreement with the
Forest Home Improvement Association. otherwise it would commence
as the plan is projected at this time .
Attorney Barney, the Town Board does not need to have the
resolution authorizing the Highway Superintendent to come back to
the Board for the approval of the plan for Judd Falls Road. The
Town Board has Mr. McConnell ' s assurance that he will do that, he
is appointed by this Town Board.
Motion carried unanimously.
The Town Board signed the Agreement for the Expenditure of Highway
Monies.
Agenda Item No . 7 & 9 - Establishment of Coddington Road Lighting
District
Public Hearing resumed at 7 : 43 p. m.
Mr. Walker reviewed a letter received from NYSEG dated March 6,
with the Town Board. Based upon the NYSEG design there will be 12
lighting poles on Coddington Road along with the existing fixtures
at the intersections.
TS Mtg. Minutes 3/8/93
Page 18.
Agenda Item No. 7 & 9 - Cont 'd
The cost of the project was originally estimated at $3750. 00 and
now is $1500. 00, which will reduce the cost to $ . 21 to $ . 22 per
front footage to the landowners within the district. NYSEG is
utilizing existing poles high pressure sodium luminaries which will
be placed about 300 feet apart.
Councilman Whitcomb asked for any comments from the audience .
Michael Duttweiler, 345 Coddington Road addressed the Board. Mr.
Duttweiler presented a letter from a neighbor who could not attend
the meeting. Mr. Duttweiler is very pleased with the actions to
promote the safety of the highway as it is a dangerous situation.
Mr. Duttweiler questioned the financing and the approach being
used . The public being benefitted is considerably more than the
property owners who are paying for it. The people who are directly
benefitting are persons walking to Ithaca College many of whom live
on side streets off of Coddington Road, bikers, hikers, walkers
going through the area. The local residents directly contiguous
would be in the minority of benefit. Coddington and Northview are
already lighted. Going from a 200 feet to 300 feet interval there
will be no change of lighting on Mr. Duttweiler ' s property,
therefore as a benefit to Mr. Duttweiler there is a hard time
justifying it. If this were coupled with the road improvements Mr.
Duttweiler may have lost some land in front of his property. Mr.
Duttweiler is very much in support of the safety measures but asked
the Board to consider whether in fact this is the most appropriate
method of financing the improvements .
William Barnett, 210 Coddington Road addressed the Board. Mr.
Barnett had problems with the payment plan and the fact that he did
not see the petition. He said that he only received a letter
stating he would be assessed a fee for street lights that would not
benefit him. At the end of Coddington Road between Vincent Street
intersection and the back entrance of Ithaca College there are
already lights .
Mr. Barnett asked what percentage of the individuals who signed the
petition are residents of that stretch of road, or are there
signatures from residents on the side roads? How many people who
signed are resident owners of property? Many of those properties
are rental properties and if they asked everyone on the road they
would get signatures from renters, not the owners . It will not
matter to landlords because they will just increase the rents to
pay for this . Did the petition mention the fact that if the
lighting district went through that the people would be paying a
fee . If that information was not on the petition it should be
recirculated, because people signing the petition would be able to
make a informed decision.
TB Mtg. Minutes 3/8/93
Page 19.
Agenda Item No . 7 & 9 - Cont' d
If you just ask, "do you think it would be a good idea to have more
lights on Coddington Road" , they will say yes, but if then you were
told you would be paying an annual fee for it most would have not
signed.
The tragic accident in which a pedestrian was killed precipitated
this whole process . The accident occurred in front of Mr.
Barnett' s property and it was a well lit area, less than 100 feet
from the street light. The accident was caused by the pedestrian
having to walk into the street to avoid vegetation. That problem
has already been taken care of by the improvements of the County
Highway Department widening the shoulder.
There are places on the road between Hudson Street and the back
entrance where you have to step into the roadway to avoid
vegetation. The other major cause of the accident was the reckless
operation of an unsafe bicycle . Mr. Barnett has to go out of his
driveway, and students from Ithaca College on bicycles do not pay
much attention.
If the safety problem is going to be largely solved by the road
improvements, wouldn ' t it be more prudent to wait and see what
benefit those improvements have before creating the lighting
district. Mr. Barnett asked if the original organizers of this
effort asked Ithaca College for a contribution to offset the costs?
The Colleges do pay curtesy fees to the City and County for the
services they get, it is the overpopulation of the students on
Coddington Road which is largely the root of the problem. Ithaca
College has expanded their enrollment by 20 to 25% in the last ten
years. There is a great deal of student traffic especially on
weekends when they walk down the middle of the road. Giving
pedestrians more room to walk off of the roadway is a much more
effective way to deal with the problem rather than more lighting.
Mr. Barnett was bothered that he was never approached or saw the
petition.
Councilman Whitcomb told Mr. Barnett that the Town did not generate
the petition, the residents circulated the petition, and the Town
had no influence of how it was worded or what was asked for.
Mr. Barnett stated that the Town Board must decide whether or not
to act and it is worth looking at under what circumstances the
petition was circulated. Whether the petition fully informed those
people who were signing it about what would happen if they signed
it. Mr. Barnett ended by asking who is going to benefit from the
lighting improvement, you have to take a very broad or narrow
perspective .
TB Mtg. Minutes 3/8/93
Page 20
Agenda Item No. 7 & 9 - Cont'd
If you take the broad perspective the costs should be spread among
all the residents of the Town, there isn ' t anyone in the Town who
isn ' t potentially benefitted if they go on Coddington Road. This
would be a fairer way to do this. If you want to do it based on
the people who live on the road, there are a lot of people who use
the road who live adjacent to it, it seems unfair to assess only
those who live on Coddington Road .
There are a number of residents who will not be immediately
affected whatsoever. There is a light at the end of Mr. Barnett 's
driveway and he has never been charged a fee before . Someone put
that street light in and they didn ' t need to assess homeowners at
that time . Now are you only asking for fees based on front footage
because you have run out of money?
Mr. Walker explained there are three street lights and several
traffic lights that are paid for by the townwide lighting district.
Ithaca College is being assessed and is paying a portion of the
charges on those lights. The proposed lighting district includes
Ithaca College as a participant and they would pay more than what
they are currently paying. Ithaca College will be charged this
because they own a significant number of properties along the road
and they will be assessed the same frontage assessment as the other
residents .
Councilman Niklas pointed out that in the past when other lighting
districts have been established the method of financing and
assessing homeowners is no different than with the Coddington Road
Lighting District. This is not a new method of financing.
As far as residents not being aware of the petition, it is
unfortunate that some people were not made aware of it. The Town
is holding a Public Hearing now as part of the legal requirement of
forming the district and the Town has had public information
meetings for residents of Coddington Road before this ever reached
this stage . The Board has to look at the relative number of people
who are willing to bear the costs, versus the relative number of
people who are unwilling to . The vast majority of the residents
were made aware they would be assessed for this district and they
made it clear they were willing to bear that cost.
Mr. Barnett stated if in fact no new lighting was going to be
installed between the Coddington Hudson Street intersection and the
entrance of Ithaca College redefining the lighting district, what
is the point of including that stretch of road if it is not going
to get improved lighting?
TB Mtg. Minutes 3/8/93
Page 21 .
Agenda Item No . 7 & 9 - Cont' d
Attorney Barney stated that the intersection lights will not be
billed to the district they will be billed at large .
Mr. Barnett suggested that it might make sense to redefine the new
lighting district southeast of the Ithaca College rear entrance
because if no new lighting is going to be added to that area it
doesn' t make sense .
Mr. Walker said that those fixtures will be upgraded to high
pressure sodium which are more efficient. They will be of a lower
wattage for more light at a lower cost.
Attorney Barney explained that right now these lights provide a
benefit that very few people in the Town have because Air. Barnett
has lights in front of his house . This is contrary to normal
policy. Lighting roads through lighting districts is paid by the
residents benefitted .
Mr. Barnett said that lots of people are getting the benefit and
not paying the costs .
Councilman Niklas pointed out that Mr. Barnett has gotten free
lighting through a loop hole, and now when we are installing lights
along Coddington that historical discrepancy has been noticed.
Mr. Barnett asked if any portion of his property taxes has ever
gone to pay for the light in front of his house .
Councilman Niklas responded that across the entire townwide Mr.
Barnett was assessed for a few cents.
Air. Barnett said that a change should be made in the way that
districts are established and the way residents are charged.
Councilman Liguori said it should be looked at that there are
lights at an intersection that are there for the benefit of the
people driving, not to be put in front of Mr. Barnett' s home .
Mr. Barnett said he understood that, but that anybody who uses the
road is going to benefit.
Councilman Niklas pointed out that historically all lighting
district costs are borne by the residents on the street, so when
you are driving up any other street someone else is paying for
those lights. It is an equitable way of dealing with the costs .
TB Mtg. Minutes 3/8/93
Page 22 .
Agenda Item No. 7 & 9 - Cont ' d
When you think about the Town as a whole it averages out, we can
all drive around the neighborhoods benefitting from what each of us
paid when the lights went in. If the method was changed now where
everyone paid for the Coddington Road lights, then everyone who has
paid before for their individual street lights would be defrauded.
Councilman Whitcomb opened the Public Hearing at 8: 00 p. m. for a
"LOCAL LAW AMENDING THE ZONING MAP TO REZONE TAX PARCELS LOCATED AT
237 CODDINGTON ROAD, FROM RESIDENCE DISTRICT R-9 TO MULTIPLE
RESIDENCE DISTRICT MR" . Public Hearing postponed until completion
of Agenda Items No . 7 , 8, and 9.
Mr. Walker, the Town went an extra step in this process by
notifying the residents by letter of the Public Hearing and the
approximate costs of the district.
The Town Clerk, we are required by law to advertise the Public
Hearing, the Town is not required to send letters to each resident
who would be effected.
Mr. Barnett asked if there wasn ' t a connection between the Highway
improvement project now and the safety benefits that would result,
and the prudence of going along with the lighting district?
Councilman Whitcomb responded that would be something the Board
would be discussing.
Councilman Niklas, the Town Board is also concerned about
pedestrian safety just walking along the footpaths. The vegetation
would have to be cleared anyway. According to the expertise of the
Town ' s staff traffic and lighting would justify a lighting district
even if there had not been a fatal accident, and the vegetation.
This is a relatively well traveled road that is not lit.
Arthur Stein, 212 Coddington Road, told the Board said that the
establishment of the lighting district is already, "cut and dried" .
He was notified by mail and did not see the petition.
Councilman Niklas asked Mr. Stein if he objected to the lights
being put in, or whether he objected to the cost?
Mr. Stein responded that he sees no need to have the lights there,
he has lived there 23 years and never had a problem. The only
problem is the students run up and down the road. The students
seem to do as they please . They walk through yards and do whatever
they want. Ithaca seems to be mainly concerned with catering to
students, they don ' t care about the people who live there .
I
TB Mtg. Minutes 3/8/93
Page 13
Agenda Item No . 7 & 9 - Cont ' d
Public Hearing closed at 8: 06 p. m.
Councilman Whitcomb asked for comments from the Board.
Councilman Niklas, the Board is faced with few objections and a
large number of people from the area who are in favor of the
lighting district. It is fair to say that the vast majority of the
residents want the lighting district. Sometimes it comes down to
what' s the greater good compared to the relatively smaller number
of people who object. Many of the neighbors wanted this district,
the Town Board would not have done this if they had not been
encouraged and asked to do it by the residents.
Attorney Barney, legally the process did not require a petition.
The petition presented was not a petition to form a lighting
district in the manner required by law. The Town Board adopted a
resolution which itself was subject to a vote by the people within
the district if they wanted one . Then steps were taken to get an
Engineer' s report and a NYSEG report. Tonight if the Board votes
to proceed the decision to proceed is again subject to the right of
the residents in the area to ask for a Permissive Referendum within
the next 30 days. The process allows for input through petition
and Public Hearing process, or if you don ' t like the results a vote
by the majority. The Permissive Referendum would be a vote of the
people who would be in the district.
The Town Board reviewed a memorandum from Monica and Andrew
Novakovic concerning the proposed lighting district, ( see
attached) .
Councilman Niklas addressed Mr. Barnett and said he will be
encouraging the Board to vote to approve the lighting district,
then anyone objecting has 30 days to have a permissive referendum.
Councilman Niklas asked Mr. Barnett to notify those persons unable
to attend who object about the permissive referendum.
Councilman Whitcomb asked the Town Clerk for proof of publication
and posting . Town Clerk had proof of publication and posting.
Agenda Item No. 8 - SEQR Coddington Road Lighting District
Motion made by Councilman Niklas, seconded by Councilman Liguori
that the Town Board of the Town of Ithaca makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the adoption of
the establishment of the Coddington Road Lighting District. Motion
carried unanimously.
TB Mtg . Minutes 3/8/93
Page 24 .
Agenda Item No 9 - Establishment Coddington Road Lighting District
Attorney Barney noted a correction of the Resolution on Page 2 the
first Further Resolved, "approximately twelve street luminaries"
instead of twenty five . Also, March 6 shall be added to the date
in the same paragraph.
Attorney Barney explained that a Permissive Referendum is an
affidavit in a prescribed form brought to the Town Board, the
application must be filed within 30 days of the adoption of the
resolution that is subject to permissive referendum. Then the
application triggers a vote, election, with respect to those people
in the district only as to whether the resolution should be
sustained or be overturned. If it is sustained the district is
formed, if it is overturned the resolution is nullified . The
application must have 5% of the registered voters of the area who
last voted in the gubernatorial election.
Councilman Niklas asked the residents present to think about the
taxpayer in general, it is not just getting the 5% . It is getting
the 5% and knowing that you will win the referendum as it will cost
the Town money to hold that election.
Councilman Whitcomb provided a copy of the petition to Mr. Barnett
as requested. Councilman Whitcomb pointed out that ordinarily a
Freedom of Information request should have been filled out, but as
a curtesy due to the time frame for a permissive referendum it was
provided.
Motion made by Councilman Niklas, seconded by Councilman Liguori
approving the resolution establishing the Coddington Road Lighting
District After Public Hearing .
Councilman Klein, Burleigh Drive and this district would be based
on front footage . All other lighting districts are based on ad
valorem.
Attorney Barney explained that the law changed about three years
ago allowing the costs to be distributed either by front footage or
ad valorem.
Councilman Klein stated that frontage makes the most sense .
Mr. Walker said that the cost should be a measurement of the
benefit.
Roll call vote on the motion carried unanimously.
TB Mtg. Minutes 3/8/93
Page 25 .
Agenda Item No. 12 - Public Hearing, "Local Law Amending the Zoning
Map to Rezone 237 Coddington Road
Town Clerk had proof of posting and publication. Councilman
Whitcomb reopened the Public Hearing at 8 : 17 p. m. and asked for
anyone wishing to speak concerning this issue .
Edward Mazza addressed the Board representing the Iacovelli ' s on
this proposal . Mr. Mazza stated that this is tied in with a
development that has subdivision approval close to 237 Coddington
Road, one is conditioned on the other. A letter was sent to the
Board which he wished to have made a part of the record.
Councilman Niklas asked Mr. Mazza if the Mr. Iacovelli objected to
the rezoning . Mr. Mazza responded that he did not.
Mr. Tammo Steenhuis addressed the Board and said that he wanted
them to be aware that Mr. Iacovelli owned another piece of property
between his parcel and the one he wishes to exchange it for. As
soon as he get' s his way with this parcel he will build a large
apartment complex on the other. To deal with this in an
appropriate way the big picture needs to be looked at. Mr.
Steenhuis said these apartment complexes would do the neighborhood
no good.
Public Hearing closed at 8: 40 p. m.
Councilman Whitcomb asked George Frantz, Assistant Planner to
explain to the Board a new development in this issue .
Mr. Frantz stated that this proposal is subject to review by the
County Planning Commission under General Municipal Law, Section
239 . The County Planning Commission did review it and responded
with a letter, (see attached) .
There is the issue of the small portion of land which from the
beginning Mr. Iacovelli has asked to be compensated for it. Mr.
Iacovelli purchased this piece from NYSEG in 1989 for the sum of
between $2000 and $2500 . Mr. Iacovelli is asking that the Town
compensate him for that piece rather than include it in the
donation of land.
Mr. Frantz sees no problems with compensating Mr. Iacovelli for
that piece of land. Throughout the negotiations there has been a
lot of give and take , and up to $2500 is a modest amount based on
the easement Mr. Iacovelli granted the Town for use of this parcel .
Attorney Barney interrupted Mr. Frantz and stated if further
details were to be explained the Town Board should go into
executive session under the basis of land acquisition .
TB Mtg. Minutes 3/8/93
Page 26 .
Agenda Item No. 13 - SEOR LOCAL LAW AMENDING THE ZONING MAP TO '
REZONE PREMISES AT 237 CODDINGTON ROAD
Councilman Whitcomb asked the Town Board to consider the SEAR
related to this issue . He asked if what Mr. Frantz was discussing
was related to the SEAR?
Attorney Barney stated that for hypothetical purposes, assuming the
Town does not acquire this piece discussed . The Town can in an
open session consider the Board ' s views on the SEAR, and their
views on the proposed rezoning . Part of the problem is that there
are two issues involved. Once the rezoning occurs the rezoning is
done, however it is the understanding that the rezoning is tied
specifically to alteration of the subdivision on Klondike . What was
discussed with Mr. Iacovelli was that the Town Board would hold the
Public Hearing to receive an opinion poll on the SEQR and the
rezoning but not take formal action. It would be tabled until the
subdivision has been approved. This would give Mr. Iacovelli a
degree of confidence that it he goes ahead with the subdivision
approval the Town Board will hopefully rezone . If the feeling of
the Town Board is that they are not going to rezone under any
circumstance , Mr. Iacovelli should be told so that he can act as he
appropriately chooses concerning the subdivision.
Councilman Niklas mentioned there are four other conditions to be
met that the Town Planning Board on its recommendation for the Town
Board approving the rezoning recommended. The granting of final
subdivision approval, granting of title of the Town, granting of
variances if necessary by the Zoning Board of Appeals, and the
modification of the proposed site plan.
Mr. Frantz explained that there would be one variance required on
the apartment site plan. The parking lot intrudes into the 30 yard
minimum set back by approximately 15 feet.
The modification of the proposed site plan including trees, shrubs,
lawn, foundation and front yard are in process using an engineer.
Councilman Niklas , the straw vote should be based on the
understanding that these four conditions be met as recommended by
the Planning Board. If the rezoning is approved the Town is
endorsing the Zoning Board of Appeals granting the variance, it is
up to them. If do not think the variance is a good thing for the
Town that is grounds for not endorsing the rezoning.
Attorney Barney, the question is with two separate properties with
two sets of procedures, if the Town Board gives a favorable straw
vote and Mr. Iacovelli proceeds in good faith, it would be an
uncomfortable situation if the Town Board at that point rejected
the rezoning .
TB Mtg . Minutes 3/8/93
Page 27
Agenda Item No. 13 - Cont ' d
The conditions of the Planning Board are conditions of the
subdivision and site plan approval the Planning Board has proposed.
Councilman Niklas, if the Town Board has a favorable straw vote to
approve then Mr. Iacovelli can consider that as a contract. He
would do his end in good faith as would the Town.
Councilman Liguori asked the staff how they would interpret Mr.
Steenhuis ' concerns . Mr. Frantz explained that this proposal
represents one of many proposals over the last fifteen months. The
first Proposal did have apartments in the area described by Mr.
Steenhuis and did not go any further because of the residents
response not wanting it especially by those having owner occupied
homes.
Councilman Niklas, are there any implications from what is
presently being discussed that have bearing on the piece of
property described by Mr. Steenhuis in regards to what could be
done with it?
Mr. Frantz, the implications would be negative as far as Mr.
Iacovelli would be concerned. The subdivision no longer has a
public road coming through it in the original Klonkike tract
subdivision . Air. Iacovelli was reserving a small portion of land
so that at some point he could connect the two parcels. This
parcel now has a long standing right-of-way across the railroad
grade to Pennsylvania Avenue Extension.
Councilman Niklas, with its current zoning what could be built on
that parcel? Mr. Frantz, it is now zoned R-15 one or two family
homes, what is being considered will not change that.
Councilman Liguori asked Mr. Steenhuis whether he was assuming that
Mr. Iacovelli would come back in the future and ask for an
apartment on the R-15 parcel?
Air. Steenhuis responded that he could essentially make the same
swap as he is proposing now. This proposal is better for the
neighborhood, but Mr. Iacovelli can acquire more parcels, and
essentially negate the benefits being derived from this deal by
building an apartment building on that parcel, with access onto
Pennsylvania Avenue . It is curious that it is not included in it.
Mr. Steenhuis stated that this has been an ongoing issue for many
years, and this could happen again with the second parcel . Mr.
Iocavelli could ask to have that second parcel rezoned when a Town
Board who is unfamiliar with the history is in office . Mr.
Steenhuis stated he wanted it on the record that the other parcel
is an R-15 and cannot have apartments built on it.
TB Mtg . Minutes 3/8/93
Page 28.
Agenda Item No . 13 - Cont ' d
Councilman Niklas pointed out that it would require the Town Board
rezoning that property from an R-15 .
Mr. Frantz, the second parcel is not a very good parcel . The
concept being proposed by Mr. Iocavelli allows for the students not
to be near the family neighborhood areas and closer to Ithaca
College. This concept includes more students driving on South
Coddington Road.
Councilman Niklas, the issues of concern voiced have been discussed
by this Town Board, but in fairness, there is nothing in the future
of another Town Board rezoning the second parcel to MR. Just
because the present Town Board is saying it would have a negative
effect now, it does not mean that it couldn ' t be changed by another
Town Board.
Councilman Whitcomb closed the Public Hearing at 8: 40 p. m. and
explained the "straw vote" would take place after discussions
within the executive session.
Attorney Barney told Mr. Mazza he would contact him to explain the
consensus on the straw vote of the Town Board as a result of the
executive session.
Agenda Item No . 22 - Interim Narrative Project Performance Report,
SARA
The Town Clerk explained that the Town Board received a copy of the
report and that if there are any questions concerning the report
they could contact her.
Councilman Niklas told the Town Clerk it was very nice report to
read, it was refreshing to see positive results reported.
Councilman Niklas asked that it be recorded in the minutes that the
Town of Ithaca has an excellent Town Clerk.
Councilman Whitcomb thanked the Town Clerk for all her hard work on
the Records Management Program.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino approving and ratifying the submittal of the Interim
Narrative Project Report for the Inactive Records Storage Project
to SARA as required under the grant requirements . Motion carried
unanimously.
TB Mtg. Minutes 3/8/93
Page 29,
Agenda Item No. 23 - Subdivision Regulations
Attorney Barney, these regulations were reviewed at the last
meeting. Mr. Barney highlighted two areas, the consolidation
issue, and the issue of the density and the clustering.
The issue of density and clustering was resolved at the Planning
Board meeting. The Planning Board decided to go to 3 . 5 dwelling
units for R-15 and 2 . 3 dwelling units for maximum in an R-30 zone,
( Page 25 , Section 32 , Subdivision 1 ) .
The consolidation issue is the question when there is a subdivision
approved and nothing happens on it for a period of time and the
people may ask for a tax abatement and reconsolidated. Councilman
Liguori had previously asked Mr. Barney to consult other
attorney' s. Other attorney' s stated the Towns they represent use
the same criteria as the Town of Ithaca.
Councilman Klein, now when a property has been subdivided and the
tax parcels have been identified, the person who owns this property
pays a significant increase in property taxes . It is expensive for
a developer to go through final subdivision and not sell the lots .
When someone has final subdivision and asks for the County to give
them a single tax bill, that situation allows for a reduction in
the tax bill .
Attorney Barney, filing the map must go first to the Assessment
Office and have them assign numbers, it then goes to the Clerk ' s
office .
Councilman Niklas, given the cost to a developer to get final
subdivision approval this consolidation would probably happen if a
project was becoming more of a financial burden. It is not likely
that if you get to this stage of getting the tax deferment that you
have a viable project that the subdivision approval was based on.
Councilman Niklas asked if the Town would deal with this issue
while dealing with Sunset Provisions?
Attorney Barney, the Sunset Provision will only be applicable when
nothing has been done to the subdivision . Developers could have a
final subdivision and then if it wasn 't started or lots weren ' t
sold, it would be deemed abandoned at 36 months . However, if they
sell one lot they have now implemented the subdivision, it could be
a six lot subdivision, they can sell one and combine the other
five .
TB Mtg . Minutes 3/8/93
Page 30.
Agenda Item No. 23 - Cont' d
Councilman Klein stated he does agree with this concept, because
they can get the subdivision and consolidate it, since they have an
approved subdivision that parcel is theoretically valuable . Then
they can turn around and sell it as an approved subdivision .
Councilman Whitcomb stated that is different than the issue at
hand . Here they undo the subdivision .
Attorney Barney, they can avoid some of that tax burden by phasing
the subdivision by only getting partial preliminary approval .
Councilman Klein asked what Mr. Noel Desch had meant by a
conversation with him at a previous encounter.
Attorney Barney stated that the problem with Mr. Desch ' s suggestion
based on the opinion presently is that it is somewhat uncomfortable
saying that the rule will be changed and not use this for a period
of time and then reinstated it because we have taken this position
fairly consistently with developers for the last few years .
Councilman Klein asked about very old subdivisions such as the one
in Glenside where the Town Engineer was attempting to get a water
or sewer line . That was a subdivision from the 1920 ' s or 1930 ' ,
has that been taxed on all the individuals?
Mr. Walker explained that is a single parcel which was an
implemented subdivision. During that time they built Glenside
which was part of the original subdivision.
Motion made by Councilman Niklas approving the revisions of the
subdivision regulations as modified in the present version as
recommended. Seconded by Councilwoman Valentino . All in favor of
the resolution with the exception of Councilman Liguori ( nay) .
Motion carried.
Councilman Liguori stated he voted no, as he feels there should be
a change in the Real Property Tax Law and not in the Subdivision
Law.
Agenda Item No. 24 - Transfer of Property Eastern Heights
Attorney Barney explained that a public hearing is not necessary,
a resolution will be prepared for the next Town Board meeting. The
resolution is subject to a permissive referendum. The resolution
will be a proposal to transfer the land in exchange for the
transfer of Park Lane Extension. Mechanically the Town does not
have a signed agreement, although there is assurance it will be
signed.
TB Mtg. Minutes 3/8/93
Page 31 ,
Agenda Item No. 24 - Cont ' d
Councilwoman Valentino stated that people from Eastern Heights are
under the impression there will be a Public Hearing at the next
Town Board meeting regarding this issue . They should be entitled
to come and voice their concerns.
Councilman Niklas asked if it was necessary to go to a public
referendum instead of a public hearing as it is very costly?
Attorney Barney stated if it is necessary. The Town Board can have
a public hearing if they wish to. It is not mandatory to hold one
to adopt this kind of resolution.
The Town Clerk stated she had received a call from a woman who
wished to come to a public hearing on this issue.
Motion made by Councilman Niklas authorizing the Town Clerk to
advertise for a Public Hearing to be held at the next regular
meeting of the Town Board on April 12, at 8 : 00 p. m. to consider the
transfer of Town property in Eastern Heights. Seconded by
Councilwoman Valentino . Carried unanimously.
Councilman Niklas asked if a public referendum could be held at the
General Election in November?
Attorney Barney, there is a law that if it passed within a certain
time frame there is a window of no more that 75 days before the
General Election and not less than 60 days, then it must be held at
the General Election, if it was asked for at a time different than
that it must meet other criteria.
Councilman Niklas, it would be advisable that if it does go to a
referendum that we try and encourage the people who ask for it to
save money by making their request meeting the criteria so it could
be held at the General Election.
Agenda Item No. 25 - Tompkins Community Hospital Board Corporation
Motion made by Councilwoman Valentino to ratify the appointment of
Councilwoman Patricia Leary as the Town of Ithaca representative to
the Tompkins Community Hospital Board Corporation . Seconded by
Councilman Niklas. Carried unanimously.
Agenda Item No. 26 - Joint Youth Commission Representative
Motion made by Councilman Klein appointing Holly Beermann as the
Town of Ithaca representative to the Joint Youth Commission.
Seconded by Councilman Klein . Carried unanimously.
TB Mtg . Minutes 3/8/93
Page 32 .
Agenda Item No 27 - Budget Amendments Election Expenses
The Town Clerk explained this issue deals with necessary budget
transfers from the contractual expense to personal expense for
elections, as the election inspectors made over $100 and there was
not enough budgeted to cover the expenses for social security.
Motion made by Councilman Niklas ratifying budget amendments to
increase and decrease certain budget line items to accommodate the
expenses of the elections. Seconded by Councilwoman Valentino,
carried unanimously.
Agenda Item No. 28 - Word Perfect Shortcut Seminar
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino approving the attendance at a Wordperfect Shortcut
Seminar by Michelle Townley and Dani Holford. Carried Unanimously.
Agenda Item No. 29 - Employee Status and Salary - Alvin Howell
Superintendent McConnell explained that Mr. Howell has completed
his six month probation and is an outstanding worker. Mr.
!McConnell recommended approval of a salary increase for Mr. Howell
from $6 . 00 to $6 . 50 per hour.
Motion made by Councilwoman Valentino approving that the salary of
Alvin Howell , Highway Laborer be increased from $6 . 00 to $6 . 50 per
hour retroactive to February 28, 1993. Seconded by Councilman
Klein. Carried unanimously.
Agenda Item No. 30 - Town Board Meeting Minutes, 2/8/93
Motion made by Councilman Niklas approving the Town Board Meeting
Minutes of 2/8/93 as written . Seconded by Councilman Liguori .
Carried unanimously.
Agenda Item No . 31 - Water and Sewer Billing Refund
The Town Clerk explained that a water and sewer billing for Account
#V-4009, 216 East King Road was paid twice during the sale of the
property and a refund is due in the amount of $102 . 34 .
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino authorizing a refund to Account No . V-4009, 216 East King
Road in the amount of $102 . 34 . Carried unanimously.
Agenda Item No. 33 - Town of Ithaca Warrants
Motion made by Councilman Niklas approving the Town of Ithaca
warrants for payment. Seconded by Councilman Liguori, carried
unanimously.
TB Mtg. Minutes 3/8/93
Page 33.
Agenda Item No. 34 - Bolton Point Warrants
Motion made by Councilman Liguori , seconded by Councilman Niklas
approving the Bolton Point warrants for payment. Carried
unanimously.
Agenda Item No. 37 - Reappointment Economic Opportunities
Corporation
Motion made by Councilman Frank Liguori, seconded by Councilwoman
Valentino reappointing Patricia A. Driscoll as the Town of Ithaca' s
representative on the Economic Opportunities Corporation for a term
beginning 4/1/93 to 3/31/94 . Liguori, Valentino, Klein, Whitcomb
(Aye ) ; Niklas, Leary (Nay) . Motion carried.
Agenda Item No. 38 - Town of Ithaca Agricultural Committee
Councilman Whitcomb asked Attorney Barney if two people from the
same family can be appointed as a couple?
Attorney Barney recommended that Mr. and Mrs. Alan Teeter be
appointed individually.
Motion made by Councilman Niklas, seconded by Councilwoman
Valentino appointing Christiann Dean, James Ainslee , Elsie
McMillan, Debbie Teeter, Jamie Baker, Nelson Eddy, and Alan Teeter
as members of the Town of Ithaca Agricultural Committee with the
terms of office as indicated on the attached resolution. Carried
unanimously.
Agenda Item No. 39 - Front End Loader Purchase
Superintendent McConnell explained the purchase of this Loader
would be under the State contract price . The purchase was
discussed at the Public Works Committee meeting and it fits into
the overall plan for equipment. This is the first machinery
purchase as approved within the budget for 1993. It is an
excellent machine with the options needed by the department.
Motion made by Councilman Liguori , seconded by Councilman Niklas
approving the purchase of one John Deere 644G Front End Loader,
State Contract $4835 , Item 3B, meeting the specifications as listed
on the attached listing for a price not to exceed $87 , 206 . Carried
unanimously.
Additional Agenda Item - Penalty Refund Ithaca College
On December 16 , 1992 , Ithaca College had sent a check for
$109 , 992 . 25 which represented payment on seven water and sewer
bills totalling $110, 229 . 29, one of which reflected a credit
balance of 237 . 04 . Ithaca college had deducted the "credit" amount
TB Mtg . Minutes 3/8/93
Page 34 .
Additional Agenda Item - Cont ' d
from the total billings thus the total of $109, 992 . 25 was remitted .
At this time , the Town of Ithaca' s current system of receiving
water and sewer payments does not allow for this manner of payment,
i . e . deducting credits from one account to be applied to another
account. On December 17 , 1992 , the Deputy Town Clerk called Ithaca
College accounts payable , explaining the situation and was
instructed to send the check and bills back for the correct amount.
On January 7 , 1993, 18 days after the "penalty free" period, the
Town received a corrected check for 5110, 229 . 29 and the bills from
Ithaca College . Due to the delay in receiving the payments, a
penalty charge was assessed on the accounts, totalling $11,022 . 92 .
After consulting with the Town Supervisor, it was suggested that
this matter be brought before the Town Board for consideration in
refunding the penalty charges . It was felt that due to the current
system of accepting payments and the inability of the Town to
accept the initial form of payment that the penalties incurred were
not the fault of Ithaca College, therefore a refund should be
issued.
Motion made by Councilman Niklas, seconded by Councilman Liguori
authorizing a refund to Ithaca College for the penalty and interest
charges on their water and sewer accounts in the amount of
$11 ,022 . 92 contingent upon payment of the "net" amount due which
appears on the March 1993 billing on each of the accounts listed on
or before March 22, 1993. Carried unanimously.
Agenda Item No . 35 - Executive Session
Motion made by Councilman Niklas to move into executive session for
the purpose of discussing acquisition of property, and possible
litigation . Seconded by Councilwoman Valentino. Carried
unanimously. Town Board moved into executive session at 9: 06 p. m.
Town Board resumed regular session at 9 : 26 p. m. As a result of the
executive session the following resolutions were adopted.
Agenda Item No. 14 & 16 - Local Law Amending Zoning Map, 237
Coddington Road
Motion made by Councilwoman Valentino, seconded by Councilman
Whitcomb tabling until a subsequent Town Board meeting the adoption
of a Local Law and the SEQR related to a "LOCAL LAW AMENDING THE
ZONING MAP TO REZONE TAX PARCELS NO. ( 6 ) 54 . -7-41 AND ( 6 ) 54 . -7-43,
LOCATED AT 237 CODDINGTON ROAD, FROM RESIDENCE DISTRICT R-9 TO
MULTIPLE RESIDENCE DISTRICT MR" . Motion carried unanimously.
TB Mtg. Minutes 3/8/93
Page 35 .
Agenda Item No. 14 & 16 - Cont' d
Councilman Niklas pointed out that it could come back to the Town
Board in April dependent on the Planning Board giving preliminary
site plan approval and contingent upon the four items as
recommended by them to be resolved.
Mr. Frantz stated he felt the Planning Board will have no problem
giving preliminary site plan approval .
Councilman Niklas thanked Mr. Frantz for all his hard work on this
project and for his working so well with Mr. Iocavelli .
Agenda Item No. 36 - Adjournment
As there was no further business to come before the Town Board,
Councilman Niklas made a motion to adjourn. Seconded by Councilman
Whitcomb. Carried unanimously. Meeting adjourned at 9 : 35 p. m.
Respectfully submitted,
n
Joan Lent Hamilton
Town Clerk
***Special Town Board Meeting - 3/11/93, 7 : 30 p. m. - To consider
appointment to fill vacancy on Tompkins County Board of
Representatives .
***Next Regular Town Board Meeting - April 12, 1993 - 5 : 30 p. m.
Public Hearing - 7 : 15 p. m. : Local Law Amendment Zoning Ordinance
Public Hearing - 7 : 30 p. m. : Local Law Amendment Local Law 4/1979
Public Hearing - 7 : 45 p. m . : Local Law Conservation Board
Public Hearing - 8 : 00 p. m. : Resolution Property Transfer,
Eastern Heights
Town Board Meeting 3/8/93
Agenda Item No. 3
Public Hearing to Consider Amending Local Law No . 12/1992
Resolution No . 45
WHEREAS, the Town Board of the Town of Ithaca adopted Local
Law No. 12/1992 , to establish fees charged by the Town Clerk for
various licenses and activities performed by the Town Clerk; and
WHEREAS, certain fees established within said Local Law No.
12/1992 concerning costs for copies of various documents available
to the public do not meet the actual costs incurred for duplicating
these documents; now therefore be it
RESOLVED, the Town Clerk is hereby authorized and directed to
advertise for a Public Hearing to be held at the regular Town Board
Meeting on April 12, 1993 at 7 : 00 p. m. in order that the Town Board
may consider amending Local Law No 12/1992; and be it further
RESOLVED, the Town Clerk shall only advertise for said Public
Hearing if the Town Attorney deems it is necessary to amend Local
Law No. 12/1993 in order to change copy fees charged for documents.
MOVED: Councilman Karl Niklas Councilman Whitcomb Nay
Motion Carried
SECONDED: Councilman David Klein
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 3E
Solicit Replacement Position - Planner I
Resolution No . 46
WHEREAS, John Czmanske , Planner I has submitted his
resignation to be effective March 18, 1993; and
WHEREAS, it is necessary that the Town solicit applications
for the Planner I position in order to maintain the continuation of
tasks performed by the Planning Department; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorizes and directs the Town Planner and the Personnel Officer
to solicit applications for the position of Planner I .
MOVED : Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 3F
Tax Collection - In Lieu of Taxes
Resolution No . 47
WHEREAS, the Receiver of Taxes has reported that there are
various entities who have not paid their In Lieu of Tax amounts by
January 31 , ; and
WHEREAS, taxpayers who receive tax bills are required by law
to pay interest and penalties on their "bare" taxes if the bill is
not paid by January 31 , ; and
WHEREAS, the Town Board is interested in determining whether
those entities who pay In Lieu of Taxes can be charged interest and
penalties on those amounts not paid by January 31 ; now therefore be
it
RESOLVED, that the Town Attorney is hereby authorized and
directed to review the Law and make a recommendation to the Town
Board regarding interest and penalties on In Lieu of Taxes.
MOVED : Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 8
SEQR - Coddington Road Lighting District
Resolution No . 48
BE IT RESOLVED, that the Town Board of the Town of Ithaca
makes a negative determination of environmental significance in
accordance with the New York State Environmental Quality Review Act
for the adoption of the establishment of the Coddington Road
Lighting District.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman Frank Liguori
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 10
Public Hearing - Local Law to Amend Zoning Ordinance
MODIFICATION OF SINGLE FAMILY HOMES
Resolution No . 50
WHEREAS , , the Town of Ithaca Planning Board has recommended
to the Town Board that they adopt a, "LOCAL LAW TO AMEND THE TOWN
OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY
HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL" ;
and
WHEREAS, the Town Board has reviewed the recommendation from
the Planning Board and wishes to consider said proposed Local Law
at a Public Hearing; now therefore be it
RESOLVED, that the Town Board does hereby authorize and direct
the Town Clerk to advertise for a Public Hearing to be held on
April 12, 1993 at 7 : 15 p. m. during the regular meeting of the Town
Board to consider said Local Law.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman David Klein
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 11
Public Hearing - Local Law Amend Local Law No. 4 - 1979
Resolution No . 51
WHEREAS , the Town of Ithaca Planning Board has recommended to
the Town Board that they adopt a, "LOCAL LAW TO AMEND LOCAL LAW NO .
4-1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT
TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW" ; and
WHEREAS, the Town Board has reviewed the recommendation of the
Planning Board and wishes to consider said proposed Local Law; now
therefore be it
RESOLVED, that the Town Clerk is hereby authorized and
directed to advertise for a Public Hearing to be held on April 12,
1993 at 7 : 30 p.m. during the regular Town Board meeting to consider
said Local Law.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 4
Proposal Shifting Tax to Finance Schools
Resolution No.
WHEREAS, Governor Cuomo proposed in his January 17 , 1993 State
of the State Address granting local government the authority to use
a local income tax rather than a property tax to finance schools in
response to outcries in many communities over the sharp rise in
property tax even during an economic downturn and suggested an
income based tax as a fairer system to finance schools because it
is a better measure of wealth; and
WHEREAS, the 1990 Congressional Quarterly (V. 1 , No. 13)
reported property taxes are the least fair tax and a national
public opinion survey by the Advisory Commission on
Intergovernmental Relations rated property tax as the least fair of
all taxes; and
WHEREAS , The Farm Bureau endorsed a move to an income based
tax to finance schools as farmers often incur a disproportionate
increase in taxes because of their large land holdings and a 1990
survey of farmers in the Town of Ithaca indicated lowering property
taxes would be the greatest help to them to continue farming in the
town; and
WHEREAS , shifting from a property tax to an income tax to
finance schools will help maintain privately owned open space which
constitutes the greatest holding of open space in the town, because
the largest portion of the property tax ( school tax ) would no
longer exist; and
WHEREAS, the Town of Ithaca Conservation Advisory Council has
endorsed a shift from property tax to income tax to finance schools
and has encouraged the Town Board to also endorse this proposal;
now therefore be it
RESOLVED , that the Town of Ithaca Town Board hereby endorses
a shift from property tax to income tax to finance schools; and be
it further
RESOLVED, that the Town Clerk is hereby authorized and
directed to forward a certified copy of this resolution to County
and State officials to show support for the Governor' s proposal at
the local level .
MOVED: DATED: March 8, 1993
SECONDED :
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 14
SEQR Local Law Rezoning 237 Coddington Road
Resolution No. 52
BE IT RESOLVED, the Town Board of the Town of Ithaca hereby
tables the SEQR related to a Local Law amending the Zoning Map to
rezone premises at 237 Coddington Road until a subsequent Town
Board meeting .
MOVED: Councilwoman Valentino
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 16
Local Law Amending Zoning Map - 237 Coddington Road
Resolution No . 53
BE IT RESOLVED, the Town Board of the Town of Ithaca hereby
tables the adoption of a "LOCAL LAW AMENDING THE ZONING MAP TO
REZONE TAX PARCELS NO. ( 6 ) 54 . -7-41 AND ( 6 ) 54 . -7-43, LOCATED AT
237 CODDINGTON ROAD , FROM RESIDENCE DISTRICT R-9 TO MULTIPLE
RESIDENCE DISTRICT MR" , until a subsequent Town Board meeting.
MOVED : Councilwoman Catherine Valentino
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 17
PUBLIC HEARING - Date
Conservation Advisory Board
Resolution No . 54
BE IT RESOLVED, the Town Clerk is hereby authorized and
directed to advertise for a Public Hearing to be held at the
regular Town Board meeting on April 12 , 1993, at 7 : 45 p. m. for the
purpose of considering "A LOCAL LAW REDESIGNATING THE TOWN OF
ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA
CONSERVATION BOARD" .
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman Frank Liguori
DATED: March 8, 1993
Li llcw�
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 18
Agreement for Expenditures of Highway Funds
Resolution No . 55
WHEREAS, the Highway Superintendent has presented the
Agreement for Expenditures of Highway Funds for the year 1993
pursuant to the provisions of Section 284 of the Highway Law; and
WHEREAS, the Town Board has reviewed said agreement; now
therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby
approves the Agreement for Expenditures of Highway Funds as per the
attached for the year 1993, with the following amendments.
2 . (a) Width of traveled surface : Not to Exceed 22 Feet
2 . ( d) On Fairway Drive, commencing at warren Road
MOVED; Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Valentino
DATED: March 8, 1993
GLrrwlk.-.
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 19
Vehicle Zoning Officer
Resolution No. 56
WHEREAS , the Zoning Officer has budgeted $12 , 100 . 00 in 1993
for a new vehicle; and
WHEREAS, Huntington Motors has a Jeep Cherokee in stock at a
State contract price of $13, 292 .00; now therefore be it
RESOLVED, that the Town Board does hereby approve and ratify
the purchase of a new 1993 Jeep Cherokee for use by the Zoning
Officer; and be it further
RESOLVED, that the Town Board does hereby approve a budget
amendment to increase 88010. 200 Zoning Equipment by $1, 190. 00,
increase B2665 Sale of Equipment by $500. 00 and to decrease
88010. 405 Zoning Contractual by $390. 00, and decrease A1990. 400
Contingency by $300. 00 to cover the remaining cost not budgeted.
MOVED: Councilwoman Catherine Valentino
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 19
Approval of Engineering Vehicle Purchase
Resolution No . 57
WHEREAS , Truck 26 is a 1982 Dodge Van with over 95 ,000 miles
and is in fair to poor condition; and
WHEREAS, the Engineering Department has determined and
recommended that a 3/4 ton 4WD pickup truck with a utility service
body would most efficiently serve the needs of the Town; and
WHEREAS , replacement of Truck 26 has been scheduled for this
year and monies have been budgeted; and
WHEREAS, the Highway Department has a 1991 3/4 ton 01D pickup
truck which meets the requirements of the Engineering Department,
and would be willing to trade this vehicle for a 1/2 tone 4WD
pickup truck, with the attached specification, and the State
contract purchase price of a 1/2 ton pickup truck is $2700 less
than a 3/4 ton truck; and
WHEREAS , the estimated total cost to purchase the new truck
and install the utility service body on the existing Dodge truck is
$15, 330 which is less than the $20,000 budgeted amount; now
therefore be it
RESOLVED, the Town Board hereby approves the purchase of a new
1/2 ton 4WD pickup truck from the State contract, and the
conversion of the existing 3/4 ton 4WD pickup truck at a total cost
not to exceed $15, 500 . Funds for this purchase to be taken from
accounts 1440. 200, $8000; 8340. 200, $5000 ; 8120 . 200 , $2500.
MOVED: Councilwoman Catherine Valentino
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED : March 8, 1993
Ja a W- 1-&,
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 20
Authorization of Attendance of Seminar Entitled
"Understanding Wetland and 404 Permitting"
Resolution No. 58
WHEREAS, the Town of Ithaca is addressing the issue of a
wetlands policy, and the Conservation Advisory Council (CAC ) has
recommended that staff should have additional training in
administration of current wetlands regulation; and
WHEREAS, ASCE is sponsoring a seminar entitled, "Understanding
Wetlands and 404 Permitting: Getting Through the Process" in
Rochester, New York on March 23, 1993. The registration fee for
the Seminar is $395 .00 per person including meeting materials; now
therefore be it
RESOLVED, the Town Board of the Town of Ithaca hereby
authorizes the Town Engineer to attend the said seminar in
Rochester, New York on March 23, 1993. The total cost not to
exceed $420. 00 for registration and travel expenses. Funds are to
be taken from account 1440. 410 Engineer - Contractual/Conferences
Schools; and be it further
RESOLVED, the Town Board also hereby approves and authorizes
the attendance at said seminar by Candace Cornell, Chairperson of
the CAC. The total cost not to exceed $420. 00 for registration and
travel expense . Funds are to be taken from 8020. 407 CAC -
Contractual .
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED : March 8, 1993
Joan Lent Hamilton , Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 21
Sunset Provisions
Resolution No . 59
WHEREAS, the Town Board of the Town of Ithaca has discussed
Sunset Provisions relating to time limits of 18/36 months, and
Sunset Provisions for subdivisions and rezoning; and
WHEREAS , the Town Board has determined that Sunset Provisions
concerning these said issues should be considered in more detail ;
now therefore be it
RESOLVED, that the Town Board does hereby authorize and direct
the Town of Ithaca Codes and Ordinances to discuss and consider
Sunset Provisions as related to time limits 18/36 months, and for
subdivisions and rezoning; and be it further
RESOLVED, after the discussion and consideration of said
Sunset Provisions by the COC , the COC shall issue a report and
recommendation to the Town Board regarding Sunset Provisions .
MOVED: Councilman David Klein
Carried Unanimously
SECONDED: Councilman Prank Liguori
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 22
Interim Narrative Project Report - SARA
Resolution No. 60
WHEREAS , the Records Management Officer sent the Interim
Narrative Project Report for the Inactive Records Storage Project
to the New York State Archives and Records Administration (SARA) on
February 26 , 1993 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 submittal
of 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 Inactive Records Storage Project to SARA as required under
the grant requirements .
MOVED : Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 23
Subdivision Regulations - Revised
Resolution No. 61
WHEREAS, the Town Planner, Floyd Forman has presented a draft
copy of revisions to the "Subdivision Regulations for the Town of
Ithaca" to the Town Board for their review and approval; and
WHEREAS , the Town of Ithaca Planning Board has reviewed and
approved said revisions to the Subdivision Regulations at their
meeting held March 2 , 1993; now therefore be it
RESOLVED, that the Town of Ithaca Town Board does hereby
approve and adopt the "Subdivision Regulations for the Town of
Ithaca" as reflected in the version presented to the Town of Ithaca
Planning Board on March 2 , 1993, and the Town Board on March 8,
1993 as the official "Subdivision Regulations for the Town of
Ithaca" .
MOVED: Councilman Karl Niklas
SECONDED: Councilwoman Catherine Valentino
Councilwoman Valentino Aye
Councilman Niklas Aye
DATED: March 8, 1993 Councilman Whitcomb Aye
Councilman Liguori Nay
Councilman Klein Aye
Councilwoman Leary Aye
Motion Carried
Joan Lent Hamilton, Town Clerk
I
Town Board Meeting 3/8/93
Agenda Item No. 24
Public Hearing Date - Town Property Transfer Eastern Heights
Resolution No . 62
BE IT RESOLVED, that the Town Clerk is hereby authorized and
directed to advertise for a Public Hearing to be held on April 12,
1993 at 8: 00 p. m. , at 126 East Seneca Street, Ithaca, New York
during the regular meeting of the Town Board in order to consider
the Transfer of Town Property in Eastern Heights .
MOVED: Councilman Niklas
Carried Unanimously
SECONDED: Councilwoman Valentino
DATED : March 8 , 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 25
Ratification of Appointment of Town of Ithaca
Representative to Tompkins Community Hospital Board Corp.
Resolution No. 63
WHEREAS , a vacancy existed on the Tompkins Community Hospital
Board Corporation for a Town of Ithaca representative; and
WHEREAS, Councilwoman Patricia Leary has agreed to represent
the Town of Ithaca on said Board; and
WHEREAS, in the interest of time and a request by the Tompkins
Community Hospital Board Corporation it was necessary for the
Supervisor to appoint Councilwoman Leary as the Town ' s
representative prior to the Town Board meeting; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca does
hereby ratify the appointment of Councilwoman Patricia Leary as the
Town of Ithaca representative to the Tompkins Community Hospital
Board Corporation.
MOVED: Councilwoman Catherine Valentino
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 26
Representative to Joint Youth Commission
Resolution No. 64
WHEREAS, there exists a vacancy for a Town of Ithaca
Representative on the Joint Youth Commission; and
WHEREAS, Holly Beermann, 388 Coddington Road, Ithaca has
expressed an interest in serving as the Town ' s representative to
said Commission; now therefore be it
RESOLVED, that the Town of Ithaca Town Board hereby appoints
Holly Beermann as the Town of Ithaca Representative on the Joint
Youth Commission.
MOVED: Councilman David Klein
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 27
Election Inspector Expenses
Resolution No. 65
WHEREAS, any Election Inspector earning over $100.00 was
required by law to have Social Security tax withheld from their
earnings; and
WHEREAS, the expenses for these Election Inspectors were
transferred so as to be charged to a personal services account; now
therefore be it
RESOLVED, that the Town Board hereby approves and does ratify
a 1992 Budget Amendment to increase A1450. 100 Election Inspectors
Personal Service and decrease A1450. 402 Election Inspectors
Contractual Expenses by $7 , 945. 00 to accommodate this transfer.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 28
Word Perfect Shortcut Seminar
Resolution No . 66
WHEREAS , there is a need for employees to keep up with their
word processing skills; and
WHEREAS , there is a Wordperfect Shortcuts Seminar scheduled to
be held on April 21 , 1993 in Elmira that would enhance employee
skills; now therefore be it
RESOLVED, that Michelle Townley, Accountant Clerk Typist; and
Dani Holford, Secretary Building/Zoning be allowed to attend this
seminar; and be it further
RESOLVED, that the costs for each to attend would be $145 .00
for registration, a maximum of $8 . 50 each for one meal, and
estimated cost of mileage not to exceed $25.00. Expenses will be
charged to A1340. 400 and B8010. 403.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 29
Permanent Appointment of Highway Laborer
Resolution No . 67
WHEREAS, Alvin Howell was appointed Highway Department Laborer
on August 31 , 1992; and
WHEREAS , Mr. Howell has completed his six-month probationary
period in a satisfactory manner; and
WHEREAS , at the time of his employment, the Town agreed to
consider a salary increase upon successful completion of the
probationary period; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby
approve the salary of Alvin Howell , Highway Department Laborer to
be increased from $6 . 00 to $6 . 50 per hour retroactive to February
28, 1993.
MOVED : Councilwoman Catherine Valentino
Carried Unanimously
SECONDED: Councilman David Klein
DATED: March 8, 1993
ti
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . 30
Town Board Meeting Minutes 2/8/93
Resolution No. 68
WHEREAS , the Town Clerk has presented the Town Board Meeting
Minutes for the regular meeting held on February 8, 1993 to the
Town Board for their review and approval ; and
WHEREAS, the Town Board has reviewed and approved said
minutes; now therefore be it
RESOLVED, the Town Board does hereby adopt said minutes as the
official minutes of the Town Board for the regular meeting held
February 8, 1993.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman Frank Liguori
DATED : March 8, 1993
�2, 11 91n,"Al-
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 31
Water & Sewer Billing Refund
Resolution No. 69
WHEREAS, a refund is due on the billing for Water and Sewer
Account Number #V-4009, 216 East King Road because the bill was
paid twice, once by the previous owner and once by the new owners;
and
WHEREAS , the total refund due to this account should be W-
$87 . 70, and WS-$14 . 64 for a total of $102 . 34 ; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorizes a refund be paid to Slater and Sewer Account No. #V-4009 ,
216 East King Road in the amount of $102 . 34 .
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
I
Town Board Meeting 3/8/93
Agenda Item No. 32
Appreciation to Comprehensive Planning Committee
Resolution No. 70
WHEREAS, the Planning Board of the Town of Ithaca on December
5, 1989 made a recommendation to the Town Board that, among other
items, a Comprehensive Planning Committee be established to prepare
a Comprehensive Plan for the Town; and
WHEREAS, the Town Board of the Town of Ithaca established the
Comprehensive Planning Committee on February 12, 1990 and appointed
Eugene Ball ( succeeded by Jerold Weisburd ) , Bruce Brittain, Kinga
Gergely, Ellen Harrison, Jane Schafrik and Ronald Simpson as
citizen volunteers along with six Town officials to perform various
special planning tasks for the Town and to prepare a draft
Comprehensive Plan; and
WHEREAS, the Comprehensive Planning Committee, assisted by
Town Staff and Stuart I . Brown Associates (planning consultants) ,
has: surveyed residents of the Town of Ithaca; conducted
inventories of the Town; prepared statements of goals, objectives,
and recommended action; discussed and deliberated various Town
planning issues; considered various alternatives; conducted public
information meetings on various draft documents; sought comment
from Town Boards and Committees, interested residents, and other
agencies; and
WHEREAS, the members of the Comprehensive Planning Committee
devoted a significant amount of time and energy in performing the
aforementioned tasks without compensation and for the benefit of
the residents of the Town of Ithaca; and
WHEREAS , the Comprehensive Planning Committee , assisted by
Town Staff and Stuart I . Brown Associates, has prepared a draft
comprehensive plan that was transmitted to the Planning Board on
January 19, 1993; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca extends
its sincere appreciation to the citizen volunteers of the
Comprehensive Planning Committee who so unselfishly devoted
themselves to the preparation of the draft Comprehensive Plan .
MOVED : Councilman David Klein
Carried Unanimously
SECONDED: Councilman Karl Niklas
DATED : March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 33
Town of Ithaca Warrants
Resolution No. 71
WHEREAS, the following numbered vouchers have been presented
to the Town of Ithaca Town Board for approval of payment; and
WHEREAS, said vouchers have been audited for payment by the
said Town Board; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca authorizes
the payment of said vouchers .
General Townwide Vouchers : No. 73 - 130 $ 94, 122 . 97
General Outside Village Vouchers: No. 36 - 69 27 , 496 . 62
Highway Fund Vouchers: No . 42 - 79 63, 725 .02
Lighting District Vouchers : No . 4 - 6 632 . 90
Water & Sewer Vouchers: No. 50 - 81 16, 800. 08
Capital Projects Vouchers: No. 8 - 11 1,062 . 19
Fire Protection Vouchers : No . 1 - 2 694, 945 .00
MOVED : Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman Frank Liguori
MOVED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 34
( SCLIWC) Bolton Point Warrants
Resolution No . 72
WHEREAS, the following numbered vouchers have been presented
to the Town of Ithaca Town Board by Bolton Point for approval of
payment; and
WHEREAS, said vouchers have been audited for payment by the
said Town Board; now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca authorizes
the payment of the Bolton Point vouchers .
Operating Fund Vouchers: No. 119 - 168 $165 , 171 . 87
MOVED: Councilman Frank Liguori
Carried Unanimously
SECONDED: Councilman Karl Niklas
MOVED : March 8 , 1993
r '
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 37
Economic Opportunities Corporation Appointment
Resolution No . 73
WHEREAS, Patricia A. Driscoll, 214 Texas Lane, Ithaca, is the
Town of Ithaca' s representative on the Economic Opportunities
Corporation; and
WHEREAS , Ms. Driscoll ' s term of office will be expiring on
March 31 , 1993; now therefore be it
RESOLVED, that the Town of Ithaca Town Board does hereby
reappoint Patricia A. Driscoll as the Town of Ithaca ' s
representative on the Economic Opportunities Corporation for a term
beginning April 1 , 1993 through March 31 , 1994 .
MOVED: Councilman Frank Liguori
Motion Carried
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Councilman Liguori Aye
Councilwoman Valentino Aye
LOO�UJJ 14 04�j� Councilwoman Leary Nay
Councilman Niklas Nay
Councilman Klein Aye
Joan Lent Hamilton Councilman Whitcomb Aye
Town Board Meeting 3/8/93
Agenda Item No. 38
Agricultural Committee Appointments
Resolution No. 74
WHEREAS, the Town Board created the Town of Ithaca
Agricultural Committee on October 5 , 1992, (Resolution No.
266/ 1992 ) ; and
WHEREAS , the Agricultural Committee Chairwoman Pro-Tem,
Christiann Dean was directed by the Town Board to organize said
Committee and to solicit names of individuals interested in serving
on said Committee for recommendation to the Town Board; and
WHEREAS , Chairwoman Pro-tern Dean has recommended the following
list of individuals wishing to serve on the Agricultural Committee ;
now therefore be it
RESOLVED, the Town Board of the Town of Ithaca hereby appoints
the following individuals to serve on the Town of Ithaca
Agricultural Committee for the terms of office indicated .
Christiann Dean Jamie Baker
Buttermilk Farm 380 Bostwick Road
330 west King Road Ithaca, NY 14850
Ithaca, NY 14850 Term: 3/8/1993 to 12/31/1994
Term: 3/8/1993 - 12/31/ 1994
James Ainslee Nelson Eddy
245 Hayts Road 430 Bostwick Road
Ithaca, NY 14850 Ithaca, NY 14850
Term: 3/8/1993 to 12/31/1994 Term: 3/8/1993 to 12/31/ 1994
Elsie McMillan Alan Teeter
812 Elmira Road 71 Gray Road
Ithaca, NY 14850 Ithaca, NY 14850
Term: 3/8/1993 to 12/31/1993 Term: 3/8/1993 to 12/31/ 1993
Debbie Teeter
71 Gray Road
Ithaca, NY 14850
Term: 3/8/1993 to 12/31/1993
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilwoman Catherine Valentino
DATED: March 8, 1993
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No. 39
Highway Front End Loader
Resolution No. 75
WHEREAS, the 1962 Front End Loader in the Town fleet does not
meet current safety standards, has been recommended by safety
inspectors to be replaced, and is scheduled for replacement this
year; and
WHEREAS , the Public Works Committee has reviewed the equipment
replacement plan for 1993 and has agreed that a three (3) cubic
yard Front End Loader is an acceptable replacement; and
WHEREAS , the John Deere 644G is the three ( 3 ) cubic yard
Loader on the State contract for 1993 . The Highway Department has
reviewed the specifications for this machine and feels it is the
best machine at the best price available and will meet the needs of
the Highway Department; now therefore be it
RESOLVED, that the Town Board hereby authorizes the purchase
of one John Deere 644G Front End Loader, State Contract #4835, Item
3B, meeting the specifications with options as listed on the
attached listing for a price not to exceed $87 , 206 . 00.
MOVED: Councilman Frank Liguori
Carried Unanimously
SECONDED: Councilman Karl Niklas
Joan Lent Hamilton, Town Clerk
Town Board Meeting 3/8/93
Agenda Item No . Additional
PENALTY CHARGE REFUND - ITHACA COLLEGE
Resolution No. 76
WHEREAS, on December 16 , 1992, Ithaca College sent a check in
the amount of $109, 992 . 25 representing payment on the December 1992
water and sewer billing for account # ' s A-10, A-12, A-13, F-436, F-
437 , F-438 and F-445 , totalling $110, 229. 29 and
WHEREAS, account #F-437 reflected a credit of $237 .04 and
Ithaca College subsequently deducted the credit amount from the
total amount due on the other bills and
WHEREAS, the Town of Ithaca ' s current system for accepting
water and sewer payments does not allow for this manner of payment
and requires an exact offset of bills and checks and
WHEREAS, the bills and check were returned to Ithaca College
on December 17, 1993 for remittance of the correct amount and
WHEREAS, on January 7 , 1993, 18 days after the penalty free
period, the Town of Ithaca received a corrected check and bills
from Ithaca College and due to the delay a penalty charge was
incurred on the accounts as payment was received after the penalty
free period and
WHEREAS, due to the current system of accepting payments and
the inability of the Town to accept the initial payment as it was
originally presented , it is felt that the penalty charges should
not be assessed, now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize a refund in the amount of $11 ,022 . 92 to Ithaca College
representing penalty charges on the following accounts :
ACCOUNT # GROSS NET PENALTY
A-10 $119, 693. 27 $108, 812 . 06 $10, 881, 21
A-12 698. 22 634 . 75 63. 47
A-13 625 . 47 568. 61 56 . 86
F-436 40 . 50 36 . 82 3. 68
F-438 51 . 95 47 . 23 4 . 72
F-445 142 . 80 129. 82 12 . 98
TOTALS--------------$121, 252 . 21 $110, 229 . 29 $11 ,022. 92
TB Resolution No. 76
3/8/93
Pg. 2
and be it further
RESOLVED, that this refund is contingent upon payment of the
"net" amount due which appears on the March 1993 billing on each of
the accounts listed above on or before March 22, 1993.
MOVED: Councilman Karl Niklas
Carried Unanimously
SECONDED: Councilman Frank Liguori
Joan Lent Hamilton, Town Clerk
AGENDA ITEM 3-C
TOWN OF ITHACA HIGHWAY SUPERINTENDENT 'S REPORT FOR FEBRUARY 1993
TOWN BOARD MEETING MARCH 8 , 1993
During the month of February, the Highway Department spent most of
its man hour time on Snow Removal . The total amount of time was
1 . 399 . 5 hours with 570. 25 of that time being overtime hours, The
Highway Department spent $8 . 893 . 70 on matearial$ ( salt., sand , and
calcium ) to maintain the Town roads ; while the total cost of
equipment used was 57 , 989 . 59 . Besides plowing and salting roads ,
the crew also worked at clearing ice from culvert pipes .
The total man hours spent on general repairs throughout the Town
was 197 . 0 with 1 . 5 hours being credited to overtime . This work
included patching pot hGles , attending seminars . and taking core
samples of Burns Road .
Although most of the work on Christopher Circle was completed in
January , we continued work, such az brush removal. , in February. A
total of 40 man hours was used to work on Christopher Circle
preparation .
In February, the Highway crew helped the Engineering Department
repair the Regency Road F . R , V. Pit . This work took 35 . 5 man hours ,
The Highway Department is in the process of getting ready for
warmer weather projects . We have been working on an inventory of
the signs presently around the Town . 95 hours of man time was used
in February to work on this project. This project will continue
through Match , as it is not completed yet . Leaf and brush pick up
has been scheduled for April . The roads have been inspected for
the paving plats and the Agreement for the Expenditure of Funds is
included later in this meeting . The form has been modified
somewhat with the hopes that it is easier to understand .
The case of Dean vs Town of Ithaca, whicl3 involves a one car
accident on Burns Road in October 1988 is scheduled to go to trial
possibly this week . The Engineering Staff , Highway Department , and
myself have spent a considerable amount of time assisting the
attorney in final preparations for trial . I plan on attending the
i
trial as much as time and work load permit..
The work scheduled for March includes some clean up and organizing
at the Highway Facility and preliminary Preparation of roads for
the summer work ( weather permitting ) .
ghk
k LbRUMY 1y1JJ bNUW KLI-IUVAL JUd Stit;ET k'UH HIGHWAY CUbT.Ij
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
1 Plow Truck ' 10.34 146.00 $1,509. 64
2 Plow Truck 14.41 137.00 $1,974. 17
5 Plow Truck 11.06 125.25 $1,385.27
8 Plow Truck 14.50 149.25 $2,164. 13
15 Pickup 1.45 185.75 $269.34
17 Dump Truck 2. 50 59.00 $147. 50
32 Loader 3.50 136.50 $477.75
12 Pickup 2.05 12.00 $24.60 TOTAL EQUIP HRS
18 Pickup 2.40 15. 50 $37.20 966.25
TOT EQUIP COST
$7,989. 59
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY 60.00 45.00 $1, 122.00
EIGHMEY 93.00 25.75 $789.75
HOWELL 90.50 54.50 $1,033.50
HULBERT 100.50 67.75 $2,748.90
IREBS 96.75 83.00 $3,152.81
MANNING 64.00 28.50 $1,190.26 TOTAL REG HOURS
McCOY 82.50 37.00 $1,531.80 829.25
NOTEBOOM 17.25 33.25 $724.95
REDMAN 116.50 73.50 $2,437. 56 TOTAL 0/T HOURS
SALMI 99.00 69.75 $2,199. 15 570.25
MAYE 6.25 16.75 $251.00 TOTAL MAN HOURS
TENKATE 3.00 25. 50 $474.38 1399. 50
STROSNIDER 10.00 $135.00
SCHOCH TOTAL M/H COST
TEMPORARY $17,791.06
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
Salt 20.28 $7,011.81
Sand 7.00 $1,862.00 TOTAL 1,MT COSTS.
Calcium 19.89 $19.89 $8,893.70
TOTAL COST
GRAND TOTAL $34,674. 35
FEBRUARY 1993 CHRISTOPHER CIRCLE JOB SHEET FOR HIGWAY COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
15 Pickups 1.45 8.00 $11.60
7 Plow Truck 10.06 8.00 $80.48
TOTAL EQUIP HRS
16.00
TOT EQUIP COST
$92.08
PERSONNEL REG HRS O/T HRS COST
BARRY 8.00 $70.40
EIGW-fEY 8.00 $48.00
HOWELL 8.00 $48.00
HULBERT
KREBS
MANNING TOTAL REG HOURS
McCOY 8.00 $88.80 40.00
NOTEBOOM
REDMAN TOTAL 0/T HOURS
SALMI 8.00 $86.40
MAYE TOTAL MAN HOURS
TENKATE 40.00
STROSNIDER
SCHOCH TOTAL M/H COST
TEMPORARY $341.60
SEASONAL
MATERIALS UNIT COST
TOTAL MAT COSTS
TOTAL COST
GRAND TOTAL $433.68
I
FEBRUARY 1993 GENERAL REPAIRS JOB SHEET FOR HIGHWAY COSTS
i
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
--------------------------------------------------------------------
15 Pickup 1.45 52.50 576. 13
18 Pickup 2.40 14.50 $34.80
17 Pickup 2.50 1.00 52.50
TOTAL EQUIP HRS
68.00
TOT EQUIP COST
$113.43
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY 19. 50 0. 50 $178.20
EIGHMEY 25.00 0. 50 $154. 50
HOWELL 11.00 $66.00
HULBERT 2.50 $34.00
KREBS 51.50 $733.88
MANNING TOTAL REG HOURS
McCOY 4.00 $44.40 195. 50
NOTEBOOM 68.50 0. 50 $747.90
REDMAN 3.00 $32. 25 TOTAL O/T HOURS
SALMI 10. 50 $113.40 1. 50
MAYS TOTAL MAN HOURS
TENKATE 197.00
STROSNIDER
SCHOCH TOTAL M/H COST
TEMPORARY $2,104. 53
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
Cold Patch 17.36 $34.72
TOTAL 14AT COSTS
$34.72
TOTAL COST
GRAND TOTAL $2,252.67
FEB 1993 ENGINEERING (8340.470) JOB SHEET FOR HIGHj-lAY COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
17 Pickup 2.50 10. 50 $26.25
TOTAL EQUIP HRS
10. 50
TOT EQUIP COST
$26.25
PERSONNEL REG HRS O/T HRS COST
BARRY 4.00 $35.20
EIGHt fEY 10.50 $63.00
HOWELL 8.50 $51.00
HULBERT
KREBS
MANNING TOTAL REG HOURS
McCoy 8. 50 $94.35 35. 50
NOTEBOOM
REDMAN 4.00 $43.00 TOTAL 0/T HOURS
SALMI
MAYE TOTAL I-IAN HOURS
TENKATE 35. 50
STROSNIDER
SCHOCH TOTAL td/H COST
TElfPORARY $286. 55
SEASONAL
MATERIALS UNIT COST
TOTAL MAT COSTS
TOTAL COST
GRAND TOTAL $312.80
FEBRUARY 1993 PERM. IMPROVEMENTS JOB SHEET FOR HIGHllAY COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
f-------------------------------------------------------------------
14 Pickup 2.15 43. 50 $93. 53
17 Pickup 2.50 4. 50 $11.25
TOTAL EQUIP HRS
48.00
TOT EQUIP COST
$104.78
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY 46.00 $404.80
EIGH2dEY 2.00 $12.00
HOWELL 12.50 $75.00
HULBERT
KREBS
MANNING TOTAL REG HOURS
McCOY 95.00
NOTEBOOM 33.50 $361.80
REDMAN TOTAL 0/T HOURS
SAU fl 1.00 $10.80
MAYE TOTAL 1-IAN HOURS
TENKATE 95.00
STROSNIDER
SCHOCH TOTAL M/H COST
TEMPORARY $864.40
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
TOTAL 1•LAT COSTS
TOTAL COST
GRAND TOTAL $969. 18
EBRUARY MACHINES JOB SHEET FOR HIGHS•lAY COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL,
---------------7----------------------------------------------------
TOTAL EQUIP HRS
TOT EQUIP COST
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY 8. 50 $74.80
EIGHMEY 16.00 $96.00
HOWELL 6.00 $36.00
HULBERT 41.50 $564.40
KREBS
MANNING 8.00 $89. 20 TOTAL REG HOURS
McCOY 13.50 $149.85
287. 50
NOTESOOM 16.00 $172.80
REDMAN 16.50 $177.38 TOTAL, 0/T HOURS
SALMI 17. 50 $189.00
MAYE 144.00 51,152.00 TOTAL MAN HOURS
TENKATE 287. 50
STROSNIDER
SCHOCH TOTAL M/H COST
TEMPORARY $2,701.43
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
TOTAL RAT COSTS
TOTAL COST
GRAND TOTAL $2,701. 43
AGENDA ITEM 3-C
i
i
PARKS AND OPEN SPACE MANAGER ' S REPORT , FEBRUARY 1993
TOWN BOARD MEETING , MARCH 8, 1993
1 . Snow removal at all parks , walkways , bikeways , and fire
stations required 171 man hours in February.
2 . A new section of nature trail at Tudor Park was cleared and
surfaced with woodchips . This took a total of 36 man hours .
3 . Parks staff helped clear brush at Christopher Circle Water
Tank for a total of 16 man hours before heavy snowfall
prevented us from continuing this effort. We will finish this
project once the snow melts and weather permits .
4 . Rich , Don , and Jerry attended an all-day seminar on Turfgrass
t•[anagement held in Owego , NY , on February 10 , 1993. Pesticide
recertification credits were earned .
5 . Twenty additional bluebird nesting boxes are being constructed
in our woodshop as time allows . We continue to expand our
program of establishing nesting sites wherever appropriate
conditions exist at our parks , trails , and other town-owned
open spaces . Nesting boxes are cleaned out annually and
monitored frequently as part of our normal maintenance
routine .
6 . Various routine maintenance tasks occupied the balance of our
time in February, totaling 204 man hours .
7 . Heavy snowfall delayed our resumption of tree and brush
clearing at South Hill Trail . We will continue with that
project once the snow melts .
March Parks Proiects
1 . Install new nesting boxes .
2 . South Hill Trail clearing .
3 . Finish Christopher Circle tank site project .
4 . Develop propo.sal for a combined tennis court/ice skating rink
at Eastern Heights Park .
5 . Install window in Parks woodshop .
6 . Purchase pickup spreader for Truck 12 .
7 . Re-post all sites with new vinyl "No Hunting" signs .
ghk
WOODSHOP JOB SHEET FOR PARK COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
---------------------
12 Pickup 2.05 1.00 $2.05
TOTAL EQUIP HRS
1.00
TOT EQUIP COST
$2.05
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY
EIGHt tEY
HOWELL
HULBERT
KREBS
MANNING TOTAL REG HOURS
McCOY 6.00
NOTEBOOM
RED1,fAN TOTAL 0/T HOURS
SALMI
MAYS TOTAL MAN :HOURS
TENKATE 6.00 $69.00 6.00
STROSNIDER
SCHOCH TOTAL M/H COST
TEMPORARY $69.00
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
Cut Lumber 15.20 $15. 20 '
TOTAL MAT COSTS
$15.20
TOTAL, COST
GRAND TOTAL $86. 25
ROUTINE MAINTENANCE JOB SHEET FOR PARK COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
--------------------------------------------------------------------
12 Pickup 2.05 26.00 $53.30
_7 1-Ton Dump 2. 50 5.00 $12. 50
35 Trac/Implem 3. 14 4.00 S12. 56
32 Loader 3.50 4.00 $14.00
TOTAL EQUIP HRS
39.00
TOT EQUIP COST
592.36
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY
EIGHMEY
HOWELL
HULBERT
KREBS
MANNING TOTAL REG HOURS
MCCOY 204.00
NOTEBOOM
REDMAN TOTAL O/T HOURS
SALMI
MAYE TOTAL MAN HOURS
TENKATE 45.00 $517. 50 204.00
STROSNIDER 47.00 $423.00
SCHOCH 112.00 $1,625. 12 TOTAL M/H COST
TEMPORARY $2,565.62
SEASONAL
MATERIALS UNIT COST
TOTAL RAT COSTS
TOTAL COST
GRAND TOTAL
$2,657. 98
I
CHRISTOPHER CIRCLE JOB SHEET FOR PARK COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
-------------------- - ----- - -----------------------------------
t12 Pickup 205 800
TOTAL EQUIP HRS
8.00
TOT EQUIP,'COST
S16.40
PERSONNEL REG 1RS 0/T HRS COST
BARRY
EIGHMEY
HOWELL
HULBERT
KREBS
!•FANNING TOTAL REG HOURS
McCOY 16.00
NOTEBOOM
REDMAN TOTAL 0/T HOURS
SALMI
MAYS TOTAL MAN HOURS
TENKATE 8.00 $92.00 16.00
STROSNIDER 8.00 $72.00
SCHOCH TOTAL M/H COST
TEMPORARY $164.00
SEASONAL
MATERIALS UNIT COST
Cut Lumber 15.20 $15. 20
TOTAL MAT COSTS
$15.20
TOTAL COST
GRAND TOTAL $195.60
SNOW REMOVAL JOB SHEET FOR PARK COSTS
NO. DESCRIPTION RATE TOTAL HOURS TOTAL
12 Pickup 2.05 65.00 $133. 25
17 1-Ton Dump 2. 50 72.00 $180.00
35 Trac/Implem 3.14 51.00 $160. 14
TOTAL EQUIP HRS
188.00
TOT EQUIP COST
$173.39
PERSONNEL REG HRS 0/T HRS COST
----------------------------------------------------
BARRY
EIGHMEY
HOWELL
HULBERT
KREBS
MANNING TOTAL REG HOURS
McCOY 171.00
NOTEBOOM
REDMAN TOTAL 0/T HOURS
SALMI
MAYS TOTAL MAN HOURS
TENKATE 80.00 $920.00 171.00
STROSNIDER 79.00 $711.00
SCHOCH 12.00 $174. 12 TOTAL M/H COST
TEMPORARY $1,805. 12
SEASONAL
MATERIALS UNIT COST
----------------------------------------------------
I
TOTAL MAT COSTS
TOTAL COST
GRAND TOTAL $2,278. 51
FEBRUARY 1993 TRAIL CLEARING JOB SHEET FOR PARK COSTS
N0, DESCRIPTION RATE TOTAL HOURS TOTAL
17 1-Ton Dump 2.50 15.00 $37. 50
TOTAL EQUIP HRS
15.00
TOT EQUIP COST
$37.50
PERSONNEL REG HRS O/T HRS COST
BARRY
EIGHMEY
HOWELL
HULBERT
KREBS
MANNING TOTAL REG HOURS
McC0Y 36.00
NOTEBOOM
REDMAN TOTAL 0/T HOURS
SALMI
MAYS TOTAL MAN HOURS
TENKATE 15.00 $172. 50 36.00
STROSNIDER 13.00 $117.00
SCHOCH 8.00 $116.08 TOTAL M/H COST
TEMPORARY $405.58
SEASONAL
MATERIALS UNIT COST
TOTAL MAT COSTS
TOTAL COST
GRAND TOTAL $443.08
TOUN OF ITHACA
REPORT OF 111111,IMIG PEIMITS CSSUrD
F01t TIIE 11ONT11 OF FEBRUARY 1993
YEAR TO DATE
TYPE Or N OF 0 OF
PFRIIIT YKAr PERiIIT:, AHOU11T PFRIII•T;. iMOUNT
SINGLE FAMILY ATTACHED 1393 0 0 0 0
RESIDENCES 1992 0 0 0 0
SINGLE 1:AIJILY DETACHED 1993 2 1E10,00p 4 338, 395
RESIDENCES 1972 3 280,00:3 4 370,000
TWO FAMILY RESIDENCES 19?2 0 0 0 0
1993 1 5,000 2 10,000
RENOVATIONS 191)2 2 39 ,000. 3 57,000
1993 0 0 L 10,002•
CONVERSIONS OF USE 1992 1 5,000 2 31 ,000
1993 0 0 1 3 .000
ADDITIONS TO FOOTPRINT 19?2 0 0 0 0
1993 0 0 0 0
1(ULTIPLr- RESIDENCES 19?2 0 0 0 0
BUSINESS 1993 L Prof esr,tonal. Bldg 20,000 2 191 , 731
Renovation
1992 0 0 0 0
1993 0 0 0 0
AGRICULTURAL 1992 0 0 0 0
1993 0 0 0 0
INDUSTRIAL 1992 0 0 0 0
EDUCATIONAL 1993 0 0 0 0
1992 0 0 0 0
IIISCELLANEOUS 1 Renovate Barn 4 , 200
COUSTRUCTIOU 1 !'foods to'Je 2 ,000
L Porch 6,000
1 Demolish Barn 50,000
1993 4 64 , 200 8 133,300
1992 5 41,475 7 61,475
TOTAL NUIIRFR OF i ?93 8 1 8 i' , 26)61 LS G76 ,426
FEPHITS ISSUED 14?' l ! 165,475 16 519,475
TOTAL FEES 1993 8 435 18 1 , 535
RECEIVED 1992 11 990 L6 1,410
Date Preparedt Harch I., 1993
Andres-! S. Frost
Building Inspector/coning Enforcement Officer
9' VIN OF 1.111Af:A
N�ml.ltly Itri��lrt. -- }'r,ilr.u;u.y 1»:I
TOTAL CERTIF,ICA'fM OF OCCUPANCY ISSUED THIS MONTH
1. 300 Fore.t llump (drive - Add 10 foot R 12 foot slied to detactled garage.
2. 32 Chase Lang - 11i1: single Eami Ly duelling.
3. 5 Ita•:'; Drive - tl outrad; wood d^-:k awl qt rage,
4. B03, Pinewood Drive - Addition of basement apartn.ent.
S. 330 I•lest Icing Road 1•loodsrove inst-illnti.on.
G. 415 'Barren Road - Renovat° bathroom.
7. 2139 Coy Glen Road - Addition to taro family drellLxJ,
S. 7 Rewwick Drive - Family room addition and new outside wood deck.
9. rr17 hint:rnn Court •• Existing G-unit multiple duellAnq.
lo. G08 lil,n,tnn Cotu't - Fxisr-Li),j r-un'lr, noi[I* ,ple duellLnq.
11. 28 Chase_ Lime . New single family duelling.
12. 415 ShOffi.eld Road - t•luodstove installation.
13. 3 IG.lri.el Stryet - Convert Sincjle family to two EamiLy dwelling.
14. 1121 Trumansburg Road - Renovate .interior space.
15. 147 Snyder Hill Road - Enclose main inr.ran(re door.
113. IN Woolf Lane - Exi.srinq single family �lan!illnq.
17. 115 Dirt:hwood Drive 5onth -• C, nv-!rr- inyle fami]Y r.0 UM family dwelling.
18. Suite 10 A-1 and LO D East, 11111 plaza - Renovation and expansion of controller's
office.
19. 201 Dates Drive - IM-o %tall partitions and relocated public rest rooms.
20. 1031 Ilanshau Road - Convert garage to recreatLon room, ado" neat sQcond floor abo'.--e
former, ciarage, and acid n?w greenhouse,
TOTAL cEizTincATEs OF ocC111PAiCY YEAR TO DATE - 1993 . . . . . . . . . . . 35
TOTAL CERTIFICATES OF OCCUPAITCY YEAR TO DATE - 1992 . . . . . . . . . . . 20
COi1PIAUNTS I1IVESTT,GATED '11115 11011CII . . . . . . . . . . . . . . . . . . C.
1. 1029 Eliis Iloilow Road - Eire. safety violations - pending.
2. Five tlile Drivst and Gb nnkdr! Road - sigrlaye - Ab,)tn_d.
3. 1216 Trumanrlburg Road - building code• - abared.
4. G58 Flm,ira liocid - zoning t139 violation - pending 3/L/91 abatement.
5. L01 lip.genry [.arirn' - hi.Oldbiq withour. pr]rmit - abated.
6. 155 P..ol.q Road - ZBA conditions not mgr - pentling,
From January 19931
I. 153 Kendall Avenue - soil, fill violation - abated.
2. 303-305 Sheffield Road - property maintenance - pending.
3. 119 William Glen Road - soil fill vi,o.lation - pend.i.nq.
From DpcemIx!1;
1. Easr KiLl. Plaza - fire lane signage - pending.
From November 1992:
11 172 Calkins Road - property maintenance - pending.
2. 111 Joanne Drive - bui-lding without a permit - pending.
From October 1992:
1. 133 Kest King Road - building without a permit - abated,
From Hay
1.. 929 Danhy Rood - building code - pending INS appeal.
From June 199(3:
1. 110 Buttermilk Falls Road - building rode - pending appeal before NYS.
TOTAL COM)LAT11T5 TNVEST.TGA'tM YEAR TO DATE - 1993 . . . . . . . . . . . . 11
TOTAI. COUPWtiINTS INVESTIGATED YEAR TO DATE - 1.992 . . . . . . . . . . . . 7
�a
TOTAL FIELD VISITS PITS MIRTH . . . . . . . . . . . . . . . . . . . . . . 72
Uniform Building Code - 42
Local Law and Zoning Inspections - 22
Fire Safety - 5 17oo--xL Highway Department, I restaurant, 1 motel, 2 apartments (11
units I)
Fire Safety Reinspection - 2 (Team Iliyh:ray Dep i:t:merlr, re^itaurant)
Fire Occuri-w-es - 1 (kltcluni stove)
Fire Occurrence Rn-in pectlon - 0
TOTAL FIRLD VISTTS YEAR TO DATE - 1993 . . . . . . . . . . . . . . . . 171
TOTAL FIELD VISITS YEAR TO DATE - 1992 . . . . . . . . . . . . . . . . 1131
TOTAL SIGN MITI S MIS t10Nlnl 400 Warr•pn Rorlcl . . . . . . . . . 1
TOTAL SIGN PERNITS YEAR 'I'D DATE - 1993 . . . . . . . . . . . . . . . . 1
TOTAT, SIGN PERII.ITS YEAR TO DA'T'E - 1992. . . . . . . . . . . . . . . . . . . 2
ZONING WARD OF APPEAL„
1 I IGCTING - 4 HEST CAST-S - I ADJOURNED f MU: - AC-M A ATTACIIM
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY. FEBRUARY 10, 1993
7:00 P.H.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on.tlednesday,
February 10, 1993, in Toan Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST
Side) , Ithaca, N.Y. , CO1,1ENCING AT 7:00 P.;t. , on the following matters:
ADJOURNED APPEAL (FROM JANUARY 13, 1993) OF CHRISTOPHER AND MELINDA �VJLLER, APPEL1,ANTS, JAMES
HILKER, AGENT, REQUESTING A VARIANCE FROM ARTICLE III, SECTIONS 7 AND 9, OF THE TOWN OF
ITHP.CA ZONING ORDINANCE AND SECTION 280-A OF NEW YORK STATE TOWN LAW, TO ALLOW FOR THE
v CONSTRUCTION OF A SINGLE-FA1.IILY RESIDENCE ON A PARCEL OF LAND THAT DOES NOT HAVE ROAD
�- FRONTAGE ON A T01.1N, COUNTY, OR STATE HIGHWAY, AND HAVING A LOT DEPTH OF 90 FEET + (120 FOOT
C DEPTH REQUIRED) . SAID PARCEL IS LOCATED NEAP. WORTH STREET AND VINE STREET, ON TOt•111 OF
IT14ACA TAX PARCELS NO. 59-1-9 AND -10, RESIDENCE DISTRICT R-9. VARIANCES FROM ARTICLE III,
SECTION 9, MAY ALSO INCLUDE HAVING A 1•LNI1,flR4 LOT 1,1IDTH AT THE i•1AXIMU14 FRONT YARD SETBACK
n OF 20 FEET + (75 FEET PEQUIRED) AJID A LOT WIDTH AT THE STREET LINE OF 20 FEET (60 FEET
`J BEING REQUIR.ED) .
APPEAL OF JANE PHAYRE, APPELLANT; REQUESTING A VARIANCE FROH T-HE REQUIREMENTS OF ARTICLE V,
�OSECTION 23, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO CREATE A BUILDING LOT WITH A
D13-CENSION OF 100 FEET WIDTH AT THE 1-tAXIMU1-1 REQUIRED FRONT YARD SETBACK LINE (60 FEET BACK
C FROM THE STREET LINE) AT 923 CODDINGTON ROAD, PORTION OF TOWN OF ITHACA TAX PARCEL 130. 47-
2-5, RESIDENCE DISTRICT R-30. SAID ORDINANCE REQUIRES A LOT WIDTH OF 150 FEET AT THE
SETBACK LINE.
:n
PEAL OF EVELYN LANE, APPELLANT, JIM LANE, AGENT, REQUESTING AUTHORIZATION BY THE ZONING BOARD
OF APPEALS, UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO
-4 A 16 FOOT X 20 FOOT R0014 ADDITION ATTACHED TO A SINGLE-FAI-1SLY RESIDENCE 013 A NON-
CONFORMING PARCEL OF LAND LOCATED AT 333 VIEST KING ROAD, TOW11 OF IT TAX PARCEL NO. 37-
1-27.2, RESIDENCE DISTRICT R-30. THE PROPERTY IS 11011-CONFORIING SINCE IT CONTAINS FOUR
r1 RESIDENTIAL BUILDINGS I-MN ONLY ONE IS PERMITTED ON A PARCEL OF LAND.
APPEAL OF CORNELL UNIVERSITY, 01-INER/APPELLANT, PAUL SAROM-1ASH, AGENT, REQUESTING A SPECIAL
-<1 APPROVAL FRO1•1 THE ZONING BOARD OF APPEALS UNDER ARTICLE V, SECTION 18, SUBSECTION 3(B) OF
--t-
CAT TOWN OF ITHACA ZONING ORDINANCE, TO ERECT 4,200 SQUARE FEET OF TEMPORARY OFFICE SPACE
CAT THE CORNELL UNIVERSITY WILSON LABORATORY, TOWN OF ITHACA TAX PARCEL NO. 63-1-8.2,
L LOCATED ADJACENT TO NEW YORK STATE ROUTE 366, APPROXIlViTELY'600 FEET WESTERLY OF JUDD FALLS
ROAD, RESIDENCE DISTRICT R-30.
APPEAL OF CORNELL UNIVERSITY, 01.1NER/A.PPELLANT, PAUL SAROM-1ASH, AGENT, REQUESTING A VARIANCE
,(UNDER SECTION 9 OF TOWN OF ITHACA LOCAL LAW #7 AND #10, 1988, "REQUIRING SPRINKLER SYSTEMS
__W TO BE INSTALLED IN BUILDINGS" , TO BE EXE14PT FROM A SPRINKLER SYSTEM INSTALLATION IN A
PROPOSED 4,200 SQUARE FOOT TEMPORARY MODULAR OFFICE BUILDING, TO BE LOCATED AT CORNELL
J UNIVERSITY WILSON LABORATORY, TOWN OF ITHACA TAX PARCEL N0. 63-1-8.2, LOCATED OFF OF NEW
, n YORK STATE ROUTE 366, RESIDENCE DISTRICT R-30.
�l Said Zoning Board of Appeals will at said time, 7:00 p.m. , and said place, hear all persons
support of such matters or objections thereto. Persons may appear by agent or in person.
Andrew S. Frost
Building Inspector/Zoning Enforcement Officer
273-1783
Dated: February 2, 1992
Publish: February 5, 1992
MEMORANDUM
I
TO: Town Board Members
FROM: Floyd Forman, Town Planner
DATE: March 4, 1993
RE: Planning Department Activity Report.
The following is a synopsis of Planning Department activity for the period February
6, 1993 through March 5, 1993:
ComRrehensive Plan
On February 23, the Planning Board held a working session on the Comprehensive
Plan. Most of the comments and questions were of a technical and organizational
nature.
Attached to this month's report is a copy of the ad in the newspaper on Friday
showing the dates, times, and locations of the neighborhood meetings.
Planning Board
The Planning Board met on February 23, and March 2.
On February 23, the Planning Board recommended to the Town Board that it
approve two zoning. changes: one of which permits modification of single family
homes on subsize lots without Zoning Board approval and the other clarifies
.materials that are subject to the maintenance obligations of the Real Property
Maintenance Law. These two items are on your agenda for this evening.
On March 2, the Planning Board held three public hearings. They approved with
conditions, a two lot subdivision on Vine St. (near Mitchell St.). This subdivision
includes land in the City of Ithaca.
The Planning Board also approved an approximately 7 acre subdivision of land in
the Drake subdivision off Max's Drive. The new purchaser of this subdivision
subsequently turned over more than 120 acres of land abutting Lick Brook to the
Finger Lakes Land Trust.
At the third public hearing, the Planning Board adopted changes to the Town's
Subdivision Regulations. These proposed zoning changes are on the agenda for
your approval at this Town Board Meeting.
Also, at the March 23 meeting, Walter Wiggins brought a sketch plan for
approximately 70 lots abutting La Tourelle on Danby Rd. to the Planning Board for
discussion.
Conservation Advisory Council (CAC)
Planning staff is assisting the CAC with its recommendation to the Town Board on a
policy concerning site development or subdivision in any area with potential
wetlands.
Cornell Generic Environmental Impact Statement (GEIS)
On February 3, Cornell delivered revised copies of the GEIS to the Planning Board.
On March 30, the Planning Board will determine if the revised document is
satisfactory with respect to its scope, content, and adequacy for the purpose of
commencing public review.
Miscellaneous
Staff continues to work on construction drawings for the South Hill Trail.
Planning Staff attended the Association of Towns Annual Meeting, in February, and
participated in a presentation on the Town's Comprehensive Plan along with the
Town Supervisor, a Town Board member, and the Town Attorney.
Staff continues to work with the MPO Planning Committee to develop a budget and
work program for the Policy Committee's approval.
Staff met with individuals requesting assistance with development projects.
' �FIETO,,M- - Tf AC PLA GBOARD
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in tiieEQis Soffa�c Road Apattmeats;IQ2.�EIligffoIropir I�c�.
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TOWN OF ITHACA
210- 126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747
TOWN OF ITHACA
RECEIVER OF TAXES
February 1993
Monthly Report
1993 Tax Warrant - Town of Ithaca
Total Town Warrant Paid to Supervisor - 1193 : S 3 , 161 , 380 . 64
Checking Account Interest Earned - 1193 : 654 . 18
February
Taxes Collected : $ 164 , 291 . 90
Interest & Penalties Collected : + 1 , 642 . 97
Misc . Collected ( Interest Percentage Rounding ) + 54
Total Collected - February 1993 : $ 165 , 935 . 41.
1993 In Lieu of Taxes
Total Billed $ 67 , 567 . 51,
Total Payments - 1193 29 , 532 . 16
Total Payments - 2193 -0-
Balance Due : $ '' * 38, 035 . 35
"Balance Due will include payment fron► Ithaca EIinIMaple Houses
Incorporated , West Village Place , amount unknown until received .
Payment based upon gross basic rents , calculated by HUD.
1993 Tax Warrant - Tompkins County
Total County Warrant : S 3 , 197 , 716 . 26
219193 Payment : Tompkins County Budget & Finance -1 , 800 , 000 . 00
211,2193 Payment : Tompkins County Budget & Finance - 100 . 000 . 00
Balance Due : S 1 , 297 , 716 . 26
TOWN ENGINEER'S REPORT
March 8, 1993
Page 2
Excavation and Fill Permits
No requests in February
Cornell University Precinct 7 GEIS
1. Review of Revised Document received by Planning Board
February 2, 1993.
PUBLIC WORKS
Mapping
The Town of Ithaca Engineering Department is continuing to
coordinate work on documenting and protecting monuments set
for the GPS mapping project for Tompkins County, the City of
Ithaca, NYSEG, and Cornell University. Some of the mapping
products for the City have been delivered and Town Maps are
scheduled for completion in April of 1993 . Meetings
regarding data format and delivery are ongoing.
Mater
The Town Engineer has continued to work with the Bolton Point
Staff, Cornell University, and the Town of Dryden, to develop
a plan and proposal for construction of additional storage
capacity on East Hill. This project will be included in the
capital improvement plan to be developed for the Town.
Sewer
The Town Engineering Staff is working with the City of Ithaca
to design a solution to the Kline Road/Fall Creek Siphon
problem. The design has been revised slightly after review
by the City Engineer. Final modifications of the contract
documents are being prepared for a contract to be put out to
bid in April.
Mitchell Street Walkway
Completion work is scheduled for Spring.
MPO - Metropolitan Planning Organization
The Town Engineer is a member of the MPO Planning Committee.
The Town Engineer and the Highway Superintendent developed a
list of highway projects to be included on the 1993 TIP.
ERPT9303/ENGMEMO/03/08/93/DRW/mb
Town Engineer's Report for the March 8, 1993 Town Board Meeting.
CAPITAL IMPROVEMENTS PROJECTS
1989 Water and Sewer Improvements - Inlet Valley Phase II
The Contractor anticipates mobilization in March 1993 and a
full construction start in April 1993.
1993 Capital Improvement Program
The Town Engineering Staff is preparing a list of needed
Capital Improvement Projects for review at the Public Works
Committee prior to a recommendation to the full Board.
ADMINISTRATION
Development Review
The Town Engineer has provided development review services
for the following projects:
1. Max's Drive Subdivision - R. Drake
2. Willet Subdivision - Vine Street
3 . Proposed Buttermilk Valley Subdivision - W. Wiggins
Compliance Review and Coordination
Several projects have been approved for construction and the
Engineering staff has been inspecting work as required.
Projects currently in progress include:
1. Deer Run Phase IIIB & Marcy Court - Final approval is
pending receipt of pressure test results and record
drawings.
2. Laketop/Weisburd Subdivision - Review of the sediment
and erosion control measures during construction.
3. 'TCH Heating Plant Demolition - Review of demolition and
sediment and erosion control plans, compliance
inspections of the demolition and fill process.
Proposed YSsolution of Appreciation to Comprehensive Planning Comm.
March 8, 1993
q4,'HEPJ-,qS, the Planning Board of the Town of Ithaca on December 5, 1989
made recommendation to the Town Board that, among other items, a
Comprehensive Planning Committee be established to prepare a Comprehensive
Plan for the Town; and
,NWER,EAS, the Town Board of the Town of Ithaca established the
Comprehensive Planning Committee on February 12, 1990 and appointed
Eugene Ball (succeeded by 7erold Weisburd), Bruce Brittain, Kinga Cergely,
Ellen Harrison, lane Schafrik,and 9�pnaldSirnpson as citizen volunteers along
with siX Town officials to perform various special planning tasks for the Town
and to prepare a draft comprehensive plan; and
`i HENTAS, the Comprehensive Planning Committee, assisted by Town Staff,
and Stuart I. Brown Associates (p(anning consultants), has: surveyed residents of
the Town of Ithaca; conducted inventories of the Town; prepared statements of
goals, objectives, and recommended actions; discussed and deliberated various
Town planning issues; considered various alternatives; conducted public
information meetings on various draft documents; sought comment from Town
Boards and Committees, interested residents, and other agencies; and
WY(EPJ,AS, the members of the Comprehensive Planning Committee devoted a
significant amount of time and energy in perforning the aforementioned tasks
without compensation and for the benefit of the residents of the Towrt of Ithaca;
and
WHEREAS, the Comprehensive Planning Committee, assisted by Town Staff
and Stuart I. Brown Associates, has prepared a draft comprehensive plan that
was transmitted to the Planning Board on 7anua-nl 19, 1993;
NOW, TY1EREF0PE'IT IS SOLVED, that the Tozon Board of the Town of
Ithaca eXtends its sincere appreciation to the � `" V' of the
Comprehensive Planning Committee who so unse fishly devoted themselves to the
preparation of the draft Comprehensive Plan.
U
.� \L.�
Memorand
To: Town of Ithaca Board
From: Monica and Andrew Novakovic `��"� ��✓� ��
Date: March 8, 1993
Subject: Coddington Road Lighting & Improvements
We are residents and owners of 384 Coddington Road and would like to offer our
comments relative to the proposed lighting district and improvements being planned for
Coddington Road.
it is our understanding that the plan calls for street lihts being placed approximately at 200
foot intervals and a widening and paving of both shoulders on a section of Coddington Road
beginning at/or near Ftudson Street and proceeding south beyond Northview. Generally, we
wholeheartedly support this plan; however we have concerns in a couple of areas.
Since we moved to our home in 1978 we have noticed an ever increasing usace of
Coddington Road by joggers, walkers, bicyclists, and motor vehicles. This is generally trite of the
section of Coddington'Road from Ithaca College to Burns Road. The vehicular traffic is not only
greater, it is fester. Some improvement was observed when the speed limit was reduced an the
northern section of the road a few years auo, but the problem is generally worse today than it was a
few years ago. This is of even greater concern because of the number of college students and
residents who use the road, perhaps most importantly because of the greater number of children
who now reside in homes on Coddington Road.
In our view, any shoulder improvement should allow for runners or bicyclists to have
sufficient room to manuever in at least one direction ol'single file movement without encroaching
on traffic lanes. Inasmuch as many runners run in groups that do not always stay single file, this
is still a fairly modest accomodation to the reality of how the road is used, but it would at least be a
substantial improvement over the virtually non-existent shoulder that now is the norm for most of
the road. In fact, we think it would be preferable to have a particular wide, paved shoulder on the
west (up hill) side of the road, rather than to due only a modest widenino, on one side; if such a
trade-off were necessary. Most of the non-vehicular traffic stays on the west side of the road.
Secondly, shoulder improvements will help some, but the risk of serious or fatal injury will
not be adequately addressed until something is done to slow down traffic, especially between Tro`�
Road and Juniper. Speed limit reductions seem to have little effect, unless you can arrange fora
sheriff to continuously monitor traffic. We frequently observe vehicles travelling at 50 m.p.h. ter
so in front of our house. We would suggest that all-way stop signs be. posted at the Nortliview
intersection, and perhaps at the Troy and Juniper intersections as well. There is a serious accident
just waiting to happen on this stretch of Coddington Road. I_ci's try to reduce the risk before
someone is killed.
Our third concern has to do with how the improvements are financed. We are not opposed
to residents assisting in the cost of the improvements; however we strongly feel,that the. benefits of
the improvements accrue to the community at large, not just the adjacent residents. rinancino
should be provided by the entire township, not just the property owners nlon« the affected stretch
of Coddington Road.
MAR
Tompkins County
r a qr(r>:,• fir;:i+ r r, - :•
DEPARTMENT OF PLANNING
121 Fast Court Street
Ithaca, New York 14850
James W.Hanson,Jr. Telephone(607)274.5560
Commissioner of Planning FAX(607)274-5578
March 8, 1993
Mr. George Frantz
Town of Ithaca
126 E. Seneca Street
Ithaca, NY 14850
Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General
Municipal Law
41 Action: Orlando and Ralph Iacovelli Application. Tax Map Nos. 6-54-7-41;
6-54-7-43; 6-53-1-23.1 through 23.15.
Dear George:
This letter acknowledges your referral of the proposal identified above for review and comment by
the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State
General Municipal Law.
The proposal, as submitted, will have no significant deleterious impact on intercommunity,
County, or State interests. Therefore, no recommendation is indicated by the Tompkins County
Planning Department, and you are free to act without prejudice.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Je ine Barrett, Circuit Rider
ta Rer.yc;ed paper