HomeMy WebLinkAboutTB Minutes 1993-04-11 FINAL
Town of Ithaca
Town Board Meeting Minutes
April 11 , 1994
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York there were :
PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino ,
Councilwoman ; Karl Niklas , Councilman ; David Klein , Councilman ;
Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ;
Edward Conley , Councilman .
ALSO PRESENT : Joan Lent Noteboom , Town Clerk / Receiver of Taxes ;
Daniel Walker , Town Engineer ; John Barney , Attorney for the Town ;
Fred Noteboom , Highway Superintendent ; Patricia Punger , Personnel
Manager ; Andrew Frost , Building / Zoning Officer ; Sally Alario ,
Assistant Budget Officer ; George Frantz , Assistant Town Planner ,
Wendy Skinner , Ithaca Journal ; Dooley Keifer , Tompkins County Board
of Representatives ; Mark Macera , Ithacare ; Quoc Lu ; Holley
Beermann , Joint Youth Commission ; Paul Jacobs ; William Albern ,
P . E . ; Ben Min. teer .
Call to Order : The Supervisor called the meeting to order at 5 : 30
p . m . and led the assemblage in the Pledge of Allegiance .
Agenda Item No . 3 - Report of Town Officials :
The Supervisor reported the independent auditors have finished the
review of the financial condition of the Town for 1993 . They have
generally given the Town a " clean bill of health " , and an exist
conference will be held in the near future . Supervisor Whitcomb
would like them to attend a future Town Board meeting to discuss
the audit and other services they may be able to provide the Town
regarding financial planning .
The Town has received approximately ( 50 ) applications for the Town
Planner position . Interviews will begin on 4 / 12 / 94 for four
candidates .
A discussion has been held with City representatives concerning the
fire contract; that expires at the end of 1994 . A number of issues
were brought. forth including how the Town ' s participation of
charges are calculated . The City mentioned the contributions in
lieu of taxes for Cornell , and the lack of any contributions by
Ithaca College ,
Fire Chief , Brian Wilbur has asked to address this Town Board to
explain the ;services the City provides to the Town .
TB Minutes 4 / 11 / 94
Page 2 .
Town resident : have complained the City excludes them in the hiring
process for firefighters . The Town Board has received copies of
those complaints . The City hired new firefighters in February , at
that time firefighters contacted the Supervisor that even though
they had taken the County civil service exam they were not in the
City ' s hiring list . The Supervisor wrote a letter to Mayor Nichols
raising the issue . Mayor Nichols explained they used this
technique as a method to shorten the list so they could determine
who to interview . The City made an arbitrary decision to choose to
hire from the City . The City could hire from the City or from the
County as a whole , the City did not have the choice of hiring from
the City and the Town because it is not one fire district . The
Town has a fire protection district and there is a technicality in
the law which has to be changed to allow a fire protection district
to be involved in hiring .
Councilman Niklas asked why the City did not use the civil service
performance ranking in the hiring ?
Supervisor Whitcomb said he has not received a satisfactory
explanation for why the City didn ' t .
Councilman Niklas , the question is whether the hiring is final , if
not the Town may have the ability to challenge it or say not do it
again . The latter is not effective . The City has gotten away with
a very ill conceived way of hiring individuals . The City is used
to being lightly admonished . Councilman Niklas asked if the Town
can challenge! the City and ask that the hiring be redone in an
equitable way ?
Councilman Klein asked if there were any mention to this in the
contract with the City for fire protection ?
Supervisor Whitcomb responded , no .
Councilwoman Valentino said she felt there needed to be a legal
change .
Councilman Niklas said to discriminate based on whether someone
lives inside or outside the City is unfair to all people who do not
live in the City .
Supervisor Whitcomb said according to civil service law the City
does have the right to restrict hiring .
Councilman Conley said the City has done the same thing with police
officers . The object was to attempt to hire minority after being
criticized and was a mechanism used to hire City residents . In the
this case , the Town taxpayers are also contributing to the fire
department . :Every step should be taken by the Town Board to change
the law to make it equitable to the Town taxpayers .
TB Minutes 4 / 11 / 94
Page 3 .
Supervisor Whitcomb said that is his objective in the continuing
negotiations for the upcoming fire contract .
Councilman Klein said that he felt sure before the hiring of police
officers from only the City , the City announced they would be doing
that . It iS very unfair for an individual to spend months
preparing for an exam , then to take it and then have it announced
preferential treatment is being made to City residents .
Councilman Conley said civil service exams are taken on a random
basis with a listing good for several years . When the list becomes
eligible for a. new list to be called it provides more choices , both
the old and new list could be used for hiring .
Supervisor Whitcomb pointed out one residents complaint noted there
are over ( 20 ) people ahead of them on the list who are City
residents before any Town residents are considered , even though the
Town residents scored higher on the exam .
Supervisor Whitcomb said he did not know about this hiring practice
until after the firefighters had been hired .
Mr . Barney said the present contract probably allows the City to
use these hiring practices . The contract is for the payment of
dollars figured in the cost of the department . The contract does
not address anything other than capital equipment being discussed
with the Town .
Councilman Conley said that was done in the past because of federal
legislation to make opportunities for minorities and females . Now
that law has been changed . The Town should make every effort to
change this SID that the City will hire from the Town residents .
Councilman Niklas said there are minorities who live in the Town .
If the criteria were affirmative action all applicants should be
ranked fairly .
Supervisor Whitcomb said he and Councilman Klein will diligently
pursue a resolution to this matter in the negotiations for the
upcoming contract .
Councilman Conley asked that the process be expanded to any hiring
which is donee by the City for departments that utilize Town of
Ithaca residents and tax monies to sponsor the City programs . Such
as transportation , recreation , etcetera . If there is going to be
intermunicipal cooperation it should include everything .
Supervisor Whitcomb and Councilwoman Harrison met with David Boyd ,
Andrew Mazzella , Mayor Nichols , and Assemblyman Luster regarding
the Route 13 expansion and repairs .
TB Minutes 4 / 1. 1 / 94
Page 4 .
Supervisor Whitcomb thanked the Town staff for the excellent
newsletter recently sent out .
Councilwoman Harrison asked who was on the committee to interview
the candidates for the new Town Planner ?
Supervisor Whitcomb responded the Chairman of the Planning Board ,
Chairman of the Conservation Board , Councilwoman Valentino ,
Supervisor Whitcomb , Chairman of the Planning Committee , Daniel
Walker , and Patricia Punger .
b . Town Engir.Leer : Mr . Walker reviewed his written report , ( see
attached ) .
Councilman Conley said he has heard the Town owes a map on waste
water joint service areas .
Mr . Walker said the Town is putting together a map of service areas
for the Joint Sewer , Tom Richards a Town representative on the
committee has said the map will be done by April 13 , 1994 . This
will be an interesting discussion , because the current service
included on the map is much larger than the City of Ithaca
anticipated . The concern is the City wants to control where sewers
can be extended in the Town . The agreement describes service area
and planning area . The City wishes to have veto power over the
area in the `Down . A better way to do it is to base it on the
capacity the Town has purchased , it should not make a difference
where the sewerage comes from .
Councilman Conley asked if the Town owned enough capacity to deal
with this larger area ?
Mr . Walker , yes . The Town owns the bulk of the excess capacity and
should be able to provide service on a residential basis to all the
areas mapped plus more . The map has been prepared so areas are not
left out .
Councilwoman Harrison asked if this was done for the Comprehensive
Plan ?
Mr . Walker said the locations of existing sewers were shown , but
the entire service area depends on boundary and property lines .
Councilwoman Grigorov asked if Peringrine Hollow in Dryden is a
factor in this issue ?
Mr . Walker said it is only a factor because the Town of Dryden is
a party of the three entities which own the sewer plant . The
Peringrine Hollow Subdivision is within the planning area so that
entitles the Town of Dryden to purchase capacity from the plant ,
which could be part of the excess capacity .
TB Minutes 4 / 1. 1 / 94
Page 5 .
The agreement was developed around 1986 and things have changed .
The amount being used is measured more accurately by new types of
equipment .
c . Highway Superintendent : Mr . Noteboom reported on his written
report , ( see attached ) . There have been many calls this winter
from elderly ZLnd disabled people requesting information on who can
help them with clearing out their driveways after snowstorms . The
Highway Department has compiled a list of people or organizations
who can be contacted to clear out these driveways and will provide
the names and phone numbers when inquiries are made .
Mr . Noteboom presented and explained a listing of the expenditures
for snow removal this year thus far , ( see attached ) . The personnel
line item has been over expended ; fuel and oil monies are in good
shape ; the salt budget is fine with 250 ton in storage ; sand monies
and supplies are good ; the tools , parts , and supplies budget has
been expended . Some charges for these have been taken from other
line items . With the heavier snows this winter there have been
more repairs to equipment and trucks than anticipated . Overall the
budget is in good shape .
Supervisor Whitcomb asked if Mr . Noteboom expected budget transfers
in November or December when more snowstorms hit ?
Mr . Noteboom said there will have to be some transferred to only
the snow personnel line items . Some of the other personnel items
have more funds because they would have normally been used by now
if there hadn ' t been as much snow .
d . Building Inspector / Zoning Officer : Mr . Frost reported on his
written report , ( see attached ) .
Mr . Frost speculated construction during this winter was slow due
to the severe weather .
Councilwoman Valentino asked what was being done at Coyote Loco ?
Mr . Frost said they are expanding an outside deck , and providing a
second means of egress due to a fire inspection finding that the
cellar space was used for more than storage space .
e . Town Clerk / Receiver of Taxes : Mrs . Noteboom explained her
written reports to the Board , ( see attached ) . The 366 second
notices for tax collection were sent this year compared to 418 last
year . Most of the second notices are attributable to the incorrect
coding to escrow agencies . The County coded them , and the bill was
never received by the proper escrow agent .
TB Minutes 4 / 3. 1 / 94
Page 6 .
f . Assistant Budget Officer : Ms . Alario reported on her report ,
( see attached ) . Ms . Alario announced that interest rates on
repurchase agreements went over 3 % .
Councilman Klein asked when the independent audit report would be
received .
Ms , Alario , there was a very good audit and the exit meeting is
forthcoming . The Auditors did not find anything in error , the
Bolton Point figures have to be listed separately because they are
a component unit . Those have not been audited as of yet .
g . Personnel Manager : Ms . Punger reviewed her written report , ( see
attached ) .
h . Attorney for the Town : No report .
Agenda Item No . 4 - Review of Correspondence :
a . Doug Firth - Expressed pleasure that the Town Board had
corresponded with the Postal Service to change the position of
mailboxes on Route 96B to the house side because of the intense
traffic . Supervisor Whitcomb said that no response has been
received from the Postal Service yet , and he will follow up on
this .
b . NYS Association of Towns have contacted the Town to request
letters be sent to legislators asking for increased funding in the
CHIPS monies due to the severe weather this winter .
Motion made by Councilman Niklas , seconded by Councilman Conley
authorizing and directing the Highway Superintendent to correspond
with the town ' s State Legislators requesting additional CHIPs
monies to deal. with the unusually severe winter this year . Motion
carried unanimously .
c . NYS Dept . of Transportation , Rt , 13 : Ongoing correspondence
responding to letters sent by the Town regarding the Route 13 road
construction project .
d . Ithacare : Mark Macera , Director explaining Ithacare ' s tax exempt
status .
Agenda Item No . 5 - Report of Town Committees :
a . Delegate NYS Association of Towns Annual Meeting - Councilwoman
Grigorov presented a report on her attendance . A report from the
Association of Towns on the resolutions put forth was given to the
Board .
TB Minutes 4 / 1. 1 / 94
Page 7 ,
Councilwoman Grigorov said the Safe Drinking Water Regulations
resolution was addressed to the EPA and was initiated by the State .
The most controversial resolution was Intermunicipal Cooperation .
Some people were suspicious of the tax being spent and are afraid
there will be diminished revenue sharing . The Forest Preserve
reimbursement had opposition because it was felt the projections
were too narrow and it should apply to the whole State . Sales tax
allocation was feared because of possible domination by a City in
a referendum .
Councilwoman :Harrison reported she and the Supervisor met with
Assemblyman :Martin Luster regarding the Rt . 13 project .
Assemblyman Luster discussed the most effective way to find out
about the outstanding concerns related to the Rt . 13 changes between
Rt . 13A and the City line . Assemblyman Luster suggested a meeting
with State Parks and Recreation and the City of Ithaca to find a
common voice . The meeting was held , State Parks feels they have
made a reasonable deal for things from the State , they feel there
is an open agreement for landscaping . State Parks felt relocation
of bicycle and pedestrian access something that is wanted .
Sidewalks were discussed in regards to placing them from the City
line to the Park . It was asked if the State Parks would be willing
to maintain those and there was some give and take . Mayor Nichols
wished John Schroder of the Planning Committee had attended . It
seemed the City was ambivalent about what they wanted . Sometimes
the City was saying keep it two lanes , a rural gateway ; and next
the City was looking at a Wal - Mart going at the end of it which
would create additional traffic .
It was decided the Mayor would report back to the City Council , and
we the Ithaca Town Board to discuss if there was a sense of whether
a two lane or four lane should be argued . Presently a four lane
with turning :Lanes in a number of places is planned . State Park ' s
is not interested in questioning that decision . David Boyd feels
that Rt . 13 i : a main transportation corridor and that a four lane
is inevitable there .
Another meeting with the City will be held . The DOT did make one
change the Town had requested , a traffic signal at 13A . The
Buttermilk Falls intersection to the park will not have a signal
now . Inadequacy of the Environmental Impact Statement was
discussed , DOT literally said nothing on that issue . The bike
trail plans have been made with bikes passing underneath the road
further southwest of the original plans .
Councilman Conley asked why the Town was getting involved in what
the City would like , it is all in the Town of Ithaca . -
Supervisor Whitcomb said the project does contain approximately one
tenth of a mile in the City . Certain agencies of the City have
raised the issue of two lane versus four lanes .
TB Minutes 4 / 1. 1 / 94
Page 8 .
Councilwoman Harrison felt it would be a good idea to meet with the
City because there is a strong hope in the County that perhaps with
the intermunic: ipal cooperation there would be an opportunity for
people to work in a coordinated manner which has not happened in
the past . Since it was known the City had made comments about
Route 13 it would be good to speak with them , it does not
necessarily mean the Town will agree with them .
Councilman Niklas said his sense of the meeting with DOT was that
they have made up their minds and that the Town does not have much
input other than to pursue . Is the DOT going to refuse ?
Councilwoman Harrison said the Town says they are very concerned
with the way it will look , that DOT would not changed their
direction ; but if the Town said the sidewalk and landscaping are
essential the State would probably put one in . The only thing the
Town Board has not gone on record about is the two lane versus the
four lanes . DOT has made up their mind .
Supervisor Whitcomb said he believes DOT has decided it will be a
four lane road. because of the press release received .
Councilman Niklas suggested it is not sufficient to pursue this
with DOT because they have already declared by public statement
they have made the decision of a four lane road . Rather that the
Town proceed regarding discussions that are still open to
negotiation .
Councilman Conley said the signalization , turning lanes , and
environmental issues were agreed upon are very important , and talks
to improve on those should be continued . The City may be able to
help because a link may be made with the sidewalks the City is
putting in near there .
Councilwoman Grigorov announced the Planning Committee now meets
the first and third Mondays of the month instead of Thursdays .
Park set aside issues have been discussed . The implementation of
the Comprehensive Plan was discussed relating to the current Zoning
Ordinance and where changes would have to be made . A review of
individual parks will be made related to the Comprehensive Plan ,
Councilman Klein reported the Public Works Committee met on March
17 . Mr . Noteboom shared the snow removal budget as presented this
evening . Funds for the reconstruction of Judd Falls Road were
briefly discussed even though it is not in the budget for this
year , it may be necessary for the Board to again consider it .
Mr . Noteboom said this repair would encompass the road from Forest
Home Drive to the tin can .
TB Minutes 4 / 11 / 94
Page 9 .
Councilman Klein continued saying there will be some temporary
highway employees for mowing this summer . George Frantz and Rich
Schoch are working on a conservation Corp hiring for July 6 to
August 12 . Property damage repairs were resulting from snow
removal were discussed . There were a number of complaints
regarding mailboxes and railroad ties . The Highway Department or
the claimant will be making repairs . Mr . Walker also reported on
the Forest Home Bridge . The request for proposals about the new
Town Hall have been sent out .
Councilman Niklas said Codes and Ordinances had a very good meeting
and discussed many important topics .
Supervisor Whitcomb asked if elderly housing was one of the items
Codes and Ordinances discussed ?
Councilman Niklas said it was , they have a piece of draft
legislation to address elderly cottages . COC will also be
discussing sunset provisions for subdivisions .
Agenda Item No . 7 - Persons To Be Heard :
No one wished to address the Town Board .
Agenda Item No . 6 - Report of Tompkins County Board of
Representatives :
Dooley Keifer said she was sorry most of the Board members agreed
the Town should not spend any more time discussing with the City a
unified presentation to DOT as to whether Route 13 should be a two
lane or four lane road . Press releases are not necessarily the
last word . The problem with environmental review and what five
lanes may do iS a serious concern . DOT ' s willingness to keep speed
limits low on four lane highways is not good . If there is a signal
at Rt . 13A traffic will have to slow down . The whole . idea of
preserving a park like or agricultural presence near Buttermilk
Falls Park and Treman Park is one of the things DOT does not seem
to recognize a :D important . Mrs . Keifer asked that if the Town is
going to meet with the City about sidewalks that this issue not be
completely closed .
The County Engineer sent to the office of State Parks the six
design options still on the table regrading the Forest Home Bridge ,
The County Engineer doesn ' t want to release his staff time to
progress any of those designs without feedback from the State
office . The bridge does qualify on the listing of a historic site .
The County Engineer anticipates coming before the Town Board at the
May meeting with information from the State Parks .
TB Minutes 4 / 11 / 94
Page 10 .
A resident bicyclist called Mrs . Keifer and alerted her Warren Road
from the Rt . 13 BOCES entrance will be repaved this summer . At the
urging of the Village of Lansing the shoulders will be paved more
permanently . The resident wished to know if repaving the shoulders
would continuE! from BOCES to Hanshaw Road , The County Highway
Superintendent told Ms . Keifer it is not a project that is planned ,
but it will probably be done . The County Highway Superintendent
has not been in touch with the Town Highway Superintendent , but he
will . It will not be a major construction project .
The County is again talking when time the solid waste fees should
be billed . It was intended to send the billing in January with tax
bills , but thE! decision has not been made yet . There is strong
sentiment on the County Board that Town staff will have to deal
with this additional income in some form . Ms . Keifer wished to
receive feedback as to whether the Board felt this was a good or
bad idea .
Attorney Barney asked how this would be added to the tax bill . It
would make a difference in the Town ' s collection process . If it is
treated as part of the County ' s warrant it would probably not have
much effect .
Ms . Keifer that it may be on the tax bill or as a separate billing
inside the tax bill .
Mrs . Noteboom raid it would become an issue for the Town because it
would have to be itemized and proven to be the correct share to
each household . The Town would be dealing with people who wished
not to pay it . There were some bills this year with the unpaid
solid waste fee , there was a great deal of time spent determining
whether these past due amounts were legitimate . Some people
refused to pay that amount and subtracted it from their bill . Real
Property Tax Law states no payment can be accepted other than what
the total on the bill is . The Town then had to return. the payment
with an explanation of why it could not be accepted , this did take
extra staff time . If it were going to be done , it would be much
easier to do it: as part of the tax bill . But , there would have to
be research by the County to insure whoever was being charged was
billed for the correct units .
Mrs . Keifer said cat licensing is being discussed at the County
level . If the Town has any reactions to this they should let Mrs .
Keifer know so she can present the Town ' s concerns to the Health
and Environmental Quality Committee . Cats being licensed would
insure rabies immunization . Cats are usually immunized now , cats
get lost so identification would be desirable . The SPCA- deals with
a great many cats and does not receive compensation for it .
Mrs . Noteboom said the State is also considering making cat
licensing a law .
i
TB Minutes 4 / 11 / 94
Page 11 .
Councilwoman Harrison said paving the shoulders on Warren Road has
been discussed during preparation of the Comprehensive Plan , and
was delighted to hear they are considering it . She asked that a
letter be sent to the County Highway Department in support of this .
Supervisor Whitcomb said a letter will be sent to the County .
Agenda Item No . 8 & 9 - Presentation Joint Youth Commissiont Summer
Joint Commission Workers :
Holly Beermann said the Joint Youth Commission meets monthly and is
in need of more. representatives , but the Town representatives have
been in attendance . Nancy Armstrong will be resigning so the Town
Board needs to consider a new appointment .
Councilwoman Valentino said new members will be addressed this
evening .
Mrs . Beermann said a needs assessment survey was completed by the
Commission and presented a summary to the Town Board , The
Commission has started to identify areas of focus based upon
information in the needs assessment . There are youth needs which
are not being met . The Commission sent a news release to each
municipality which appeared in the last Town newsletter dealing
with Ide ' s offering its facility for Club Ithaca . It has been very
successful and has reached a great number of youth in the age
bracket most important according to the needs assessment .
Ms . Beermann asked the Board for additional funds . The Ithaca
Youth Bureau composed a budget for the subsidized Conservation Corp
for the summer . This is a program the Town has participated in
during the past . This is the year it is the Town ' s responsibility
to provide the supplies for it . The cost for 1994 are $ 8 , 500 for
the summer jobs , $ 3 , 253 for staffing and some supplies , $ 3 , 560 for
YCC Youth salaries , and $ 2 , 200 for supplies for a total of . $ 17 , 495 .
$ 8748 would be the amount the Town would be charged and the balance
would be provided by County DFY funds . Interviewing will begin in
two weeks for the summer jobs . The Joint Youth Commission is
requesting the Town increase the amount for the summer jobs program
by $ 2 , 550 . The intent is that it takes $ 850 to put youth to work
for 120 hours during a six week period . If the Town could fund
three more positions , the County will fund three more positions .
Therefore , six more youth could work during the summer . The
village of Lan.. ing will also be asked to add two positions , and the
County will add two for a total of 10 extra positions .
The request is being made because only a little more than half of
the students who applied for positions last year were able to
obtain a position because there was no more funding . There is
ample funding at the County level to increase any number of
positions . It is not felt that a significant increase can be made ,
Tb Minutes 4 / 11 / 94
Page 12 .
this would be to see if the staff could handle an additional 10
workers . The staff is willing to try it on a pilot program this
summer . The County ' s funds would have to be matched dollar for
dollar by the other municipalities .
Councilwoman Harrison asked if the funding to hire these youths
would be used for projects the Town determines are needed ?
Mrs . Beermann said they would be youth from the Town working on
Town projects through a contract with the Ithaca Youth Bureau to
supervise these youth . If there were more funds probably all
students who apply would be able to work because there are more
work sites than youth .
Supervisor Whitcomb asked if the Joint Youth Commission could
provide a written proposal regarding this ?
Councilwoman Valentino understood the Commission was asking for an
indication from the Board if funding could be done before they
wrote a proposal .
Mrs . Beermann said last year the Town contributed $ 8 , 197 and the
request for this year is $ 8 , 748 . The Town is responsible for
supplies .
Councilwoman Valentino said the budget amount this year was enough
to accommodate the original increase from last year . If the Town
has the funds does the Board think the increase to hire more youth
is worthwhile ? Youth will be hired from each municipality . Some
years more youth are hired from one municipality for special
projects , there is a sharing back and forth for the workers .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino that the Town Board approves in principle the additional
payment by the Town of $ 2500 to be matched by Tompkins County for
the hiring of six additional Joint Youth Commission summer workers
in the summer of 1994 contingent upon the review of a written
request to the Town Board . Carried unanimously .
Councilwoman Valentino thanked Mrs . Beermann and the rest of the
Commission on their excellent job representing youth on behalf of
the community .
Agenda Item No . 13 a - i - Consent Agenda Items :
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving and / or adopting the Consent Agenda -Items 13a -
13i as presented on 4 / 11 / 94 . Carried unanimously .
TB Minutes 4 / 11 / 94
Page 13 .
Agenda Item No . 14 - Payment Tompkins County Election Expenses :
Supervisor Whitcomb said the County billed the Town for the direct
and indirect election expenses for the past two years . The Town
questioned thELt and the State Comptroller ruled towns were not
liable for the indirect expenses reversing their prior opinion .
Mrs . Noteboom said the indirect expenses were for salaries and
administrative costs for the Board of Elections office .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving and directing the Town Fiscal Officer to pay
the amount of $ 8783 . 25 for 1992 and $ 6620 . 49 for 1993 to Tompkins
County for direct election expenses , payment to be made from
account A1450 . 403 , and the Town in future years pay the direct
election expenses upon receiving a financial report from Tompkins
County describing in detail the charges from each vendor , a listing
by municipality of the charges for each including the County ' s
share , and a formula calculation of how the County ' s and each
municipalities share was determined . The Town Clerk and Assistant
Budget Officer shall each year review the financial_ report and
invoice from the County to ascertain if the provisions for payment
have been made before payment . If in the future , the opinion of
the NYS Comptroller about election expenses were to change in any
way , payment of election expenses would be withheld until the
Attorney for the Town has reviewed the opinion and made a
recommendation to the Town Board .
Supervisor Whitcomb asked Mr . Barney if there were any way the Town
could be held harmless if the State Comptroller reverses itself
again and claims the Town is liable for the indirect expenses , and
the County would go back and charge us the additional amount for
these past two years ?
Mrs . Noteboom said when she discussed this with County election
representatives one of them suggested if the State Comptroller
reversed his opinion the County may go back and charge the Town for
all the indirect expenses for previous years from the date of the
dispute regarding the opinion .
Mr . Barney said the Town upon payment of the check can ask the
County for a waiver of release for any future claim .
Supervisor Whitcomb said if the Town chose not to pay , the County
could add the amount to the next tax bill .
Councilman Niklas asked how likely it would be that the State
Comptroller would reverse his opinion ?
TB Minutes 4 / 11 / 94
Page 14 ,
Attorney Barney said anything is possible , but the question is how
likely is it that our representatives recognizing that every Town
would be in constraints if they were ask to retroactively pay funds
already paid in good faith under an existing ruling of the State
Comptroller . 'Hopefully , that scenario is unlikely .
Motion carried unanimously .
Agenda Item No . 15 - Budget Amendment :
Ms . Alario explained the amendments were to adjust journal entries
as recommended by the independent auditors .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas approving the ratification to the budget amendments in
General Fund Part - town to increase B9901 . 900 Transfers , and
decrease B7140 . 424 Parks Force Account by $ 39 , 311 . 89 ; and in
Capital Projects to increase H9901 . 900 Transfers $ 20 , 580 , and
decrease H8120 . 221 Inlet Valley Sewer $ 10 , 290 and decrease
H8340 . 221 Inlet_ Valley Water $ 10 , 290 . Carried unanimously .
Agenda Item No . 16 - American Community Cablevision , Franchise
Deficiencies :
Attorney Barney reported his office investigated this item and
found the Town could realize some revenues by negotiating with ACC
to pay the Town for the franchise fee on advertising revenues and
the franchise J- ee on the actual franchise fee .
Does the Town Board wish to proceed to do the negotiations since it
appears that ACC can then impose whatever they pay to the cable
subscribers ? Does the Town wish to collect the taxes generally or
collect the taxes from the ACC subscribers ?
Councilwoman Valentino asked if the money being considered is from
sales through advertising , if the Town retroactively asked them for
that part of the franchise fee would they then retroactively spread
it over the whole district , or just the advertising ?
Attorney Barney said he felt ACC would just take the bill and
divide it among the total , an amount of about $ 500 per year .
Councilman Niklas asked if there were indirect costs to the Town in
terms of how this were collected ?
Councilwoman Valentino said , no .
i
TB Minutes 4 / 11 / 94
Page 15 .
Councilwoman Valentino said the 2 % of the 2 % for the advertising
was futile . There are a great many complaints by people already
regarding the amount of franchise fees they pay . If there is some
way the Town could get ACC to pick up that part of the fee on the
advertising it would be good .
Attorney Barne, said in that case ACC could and would charge their
advertising , they would take the revenue and apply 2 % to their
advertising revenues and then take the 2 % and apply it to the cable
subscribers .
The Board concluded it would not be worth pursuing because the
Attorney ' s fees for negotiating would be more than the $ 500
realized .
Councilwoman Valentino said there would be portions that would not
be Attorney costs because contract negotiations are presently
underway for a new franchise . If the Town can at least negotiate
that from this point forward so ACC can start doing this on the
gross revenues the way it is supposed to .
Agenda Item No . 10 - Public Hearing , LOCAL LAW EXTENDING THE TERM
OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS :
The Supervisor opened the public hearing at 7 : 00 p . m . The Town
Clerk had proof of posting and publication . Public Hearing
postponed until finalization of discussion on agenda item 16 .
Agenda Item No . 16 - Continued :
Councilman Niklas suggested a decision not be made at this time
because negotiations are presently being conducted for the new
franchise agreement and this point can be kept in minding during
that process .
Councilwoman Valentino said the majority of complaints are from
elderly people who wish to have a senior citizens discount . In New
York City under the new FCC regulations having senior discounts
would no longer be allowed which is very disappointing . The reason
is it has to be a nondiscriminatory within the regulations and it
has to be the Name for everyone . The formula for line extensions
will also be considered during the negotiations . The rate will be
set by the State ,
Councilman Klein said the City did get cable in the City Hall , it
may be considered for the Town in its new town facility .
TB Minutes 4 / 11 / 94
Page 16 .
Mrs . Keifer said on Good Friday there was a program on called
Passion Play which was offensive to people . During negotiations
would it be considered to do what the City has not wanted to do ,
and ask that adult material be shown in the late hours only . All
the franchises reflect the City ' s policy in that regard .
Councilwoman Valentino said it would be very difficult to negotiate
that issue since the access is part of the City ' s franchise and
what they have paid for . If the County Cable Commission is formed
a broader franchise in terms of access it may be addressed . The
Town does not have much leverage on the access .
Councilman Niklas stated he was opposed to any municipality
exercising any form of censorship on broadcasting . Individuals may
find particular programs offensive whether they are designed to be
or not , that is a matter of personnel preference .
Attorney Barney asked if the Town Board wished to negotiate for an
amount on the franchise fee of 2 % or more .
Councilman Klein said the franchise fee is revenue to the Town as
a pass through on the cost of the cable .
Attorney Barney said the Town is presently raising $ 22 , 000 which is
about $ 10 , 000 per percentage point .
Supervisor Whitcomb said he is personally opposed to increasing
revenues in that way .
Councilwoman Valentino said a year ago raising it was considered ,
but since talking with senior citizens , small amounts of money mean
a great deal to them regarding television and it does not seem
worthwhile to :increase the percentage .
Agenda Item No 10 - Public Hearing , Supervisor Term of Office -
Continued :
Public Hearing resumed at 7 : 10 p . m . , no member of the Public wished
to be heard . Public hearing closed at 7 : 11 p . m .
Former Supervisor Shirley Raffensperger sent a letter to the Town
regarding this issue and requested that it be entered into the
minutes , ( see attached ) .
Agenda Item No . 11 - SEQR , LOCAL LAW EXTENDING THE TERM OF TOWN OF
ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " :
Motion made by Councilman Niklas , seconded by Councilwoman Harrison
making a negative determination of environmental significance for
the proposed Local Law entitled , " LOCAL LAW EXTENDING THE TERM OF
THE TOWN SUPERVISOR FROM 2 YEARS TO 4 YEARS " , and therefore no
TB Minutes 4 / 1. 1 / 94
Page 17 .
further environmental review will be required . Carried
unanimously .
Agenda Item No . 12 - Resolution , " LOCAL LAW EXTENDING THE TERM OF
THE TOWN OF ITHACA SUPERVISOR FROM TWO TO FOUR YEARS " :
Motion made by Councilman Klein , seconded by Councilman Niklas that
the Town Board adopts said local law " A LOCAL LAW EXTENDING THE
TERM OF TOWN OF ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " , a
copy of which is attached hereto and made a part of this
resolution , such adoption being subject to the submission of same
to a referendum , and that this local law be submitted for approval
to the electors of the Town of Ithaca at the next general Town
election to be held on November 8 , 1994 ; and if approved at the
general election , the Town Clerk is hereby authorized and directed
to file said local law with the Secretary of State as required by
law . Roll call vote carried unanimously .
Councilwoman Harrison asked that the Town Clerk remind the Board to
publicize this in early October . The Town Clerk stated she would .
Agenda Item No . 17 - Tompkins County Area Development , Inc . :
Supervisor Whitcomb reminded the Board that Michael Stamm of TCAD
made a presentation at the last Board meeting suggesting the Town
may wish to enter into a contract with them for economic
development . Mr . Stamm has presented examples of similar
agreements TCA.D has with the City and County for review . A
decision has to be made if the Town wants to enter into a contract ,
and if so how to go about it .
Councilwoman Valentino said she is inclined not to enter into a
contract with TCAD . Looking at the City contract and thinking how
it would be applied to the Town did not seem to fit the Town ' s
situation . If the Town is going to make a contract which is
basicly making contributions , the Town needs to make a priority
list of where limited funds should go . There are many issues such
as affordable housing and youth to be considered .
Councilwoman Grigorov said she understood a contract with TCAD
would be a way of receiving more money for the Town in the long run
because of stimulating economic development .
Councilman Conley asked if it would behoove the Town to wait to
enter into a contract until the land use plan has been in place so
it is known exactly where and what should be developed ?
Supervisor Whitcomb said the land use plan does not really identify
specific areas of the Town for commercial development , it only
describes the criteria for developing those areas .
TB Minutes 4 / 1_ 1 / 94
Page 18 .
Councilman Klein said the land use plan does address light
industrial and job opportunities , it has generalizations for
economic development . A contract with TCAD would allow the Town to
get assistance! with this if specifics were described .
Councilwoman Valentino said if there were a contract that had a
real focus it may work .
Supervisor Whitcomb said sending any money to TCAD would have to be
a budgeted item .
Councilman Niklas said it does not make sense to approve something
without a listing of priorities of the options for spending the
money .
The Board by consensus instructed the Supervisor to correspond with
TCAD and inform them the Town will consider entering into a
contract with them during preparation of the 1995 budget with a
listing of specific services outlined .
Agenda Item No 18 - Agreement Tompkins County Operating Expenses
Transportation & Human Services :
Supervisor Whitcomb said the agreement was made last year between
the Town and the County as part of the additional 1 % sales tax
revenue the Town would receive a portion for some transportation
and human services . The original contract did not specify exactly
what the services were , so the contact was returned asking for more
specific terms .
Attorney Barney said the indemnification still makes no sense in
the agreement . If the County were sued , why should the Town pay
the attorney ' s fees ? Under this indemnity if someone where killed
while riding the Gadabout bus , and the County were sued the Town
would paying the defense of the lawsuit . The idea of the contract
is only so the Town can be a conduit to pass money through to
Gadabout . It would be different if the contract were between the
County and Gadabout that would actively involve doing something
which might result in a claim . The specifics of what the services
are is now defined .
Supervisor Whitcomb said it is a pass through reimbursing the Town
for expenses that would have been incurred anyway .
Councilman Nikl. as asked why these services were not paid directly
by the County , why do they have to go through the Town ?
Attorney Barney said the reimbursement was in lieu of the Town
collecting money directly from the sales tax .
TB Minutes 4 / 11 / 94
Page 19 .
Motion made by Councilman Conley , seconded by Councilwoman Grigorov
that the Town. Supervisor is hereby authorized and directed to
execute and file a contract with Tompkins County to assist the Town
in partially covering its operating expenses for transportation and
human services upon modification of the contract in form and
substance satisfactory to the Town Supervisor and Attorney for the
Town for the Town removing the indemnification provisions ; and the
Town Supervisor is hereby authorized and directed to sign and
submit a voucher to Tompkins County in the amount of $ 5 , 975
representing the first quarterly payment to the Town . Carried
unanimously .
Agenda Item No . 19 - Town Hall RFP :
Mr . Walker said Requests for Proposals have been submitted to
various architectural firms and proposals will be returned by April
20 . These proposals are to find out how these firms would do the
job . Proposals will be taken to the Public Works Committee for
review .
Councilwoman :Harrison asked if this meant the Public Works
Committee would select a firm without knowing what it will cost ?
Mr . Walker said this is a professional services contract . The Town
wants to have confidence it can communicate with this firm and that
they know what they are doing . Once the Public Works Committee is
comfortable with the firm it will work with them to develop a cost
estimate . If the Town does not feel comfortable with the cost
estimate the firm does not have to be selected .
Councilman Klein said the method being used is a QBS ( Qualification
Base Selection ) which is endorsed by the Association of Towns . In
some cases it is State Law , they solicit the qualifications of the
firm and then competitive fee negotiations are done . This is a
legal and preferred method of selection . The consultants have been
asked to do a fair accounting of programming and space analysis for
two facilities , the previous specified money to hire them will
probably not be enough .
Agenda Item No . 20 - Insurance Fuel Tanks :
Postponed until cost estimates have arrived .
Agenda Item No . 25 & 26 - Saponi Meadows / Glendale Farms , Acceptance
Road , Public Utilities , Park Dedication :
Mr . Frantz reported the Planning Board approved a preliminary plat
for Saponi Meadows which has approximately 2800 feet of roads .
' There will be public water and sewer lines and these roads
installed by the developers . An 8 . 3 acre park site will also be
provided . There will be curb cuts on Seven Mile Drive for nine
TB Minutes 4 / 11 / 94
Page 20 .
driveways . This will not be a problem due to the low volume of the
road . The last traffic count was between 500 to 700 vehicles a
day .
Supervisor Whitcomb asked if the archeological dig was completed in
this area yet ?
Mr . Frantz said the preliminary survey is done . There will be more
digging in May around the four features which were found . Should
something major be found another proposal for the location of the
park would be made to protect those features . The odds of that
happening are slim .
Councilman Niklas did not understand why the Board was being asked
to accept the location of roads now , are they contingent based on
not changing the proposal ?
Councilman Klein asked how can the acceptance be retracted ?
Attorney Barney said the applicant has to get through SEQR and the
archeological evaluation has to be finished . If during SEQR it is
found those areas are significant environmentally then the
applicant will have to rethink the roads .
Mr . Frantz said they are asking for Town Board road location
acceptance at this point because the developers want to receive
final approval for a portion of the property . The acceptance can
occur because the Planning Board ' s final acceptance will come after
the final findings of the archaeological survey .
Mr . Frantz described the road system on a map . The culdesac will
be built to meet the specifications for emergency vehicles to
enter . The Planning Board has granted preliminary approval for
both Saponi Meadows and Glendale Farms .
Mr . Tomlinson is proposing to deed a strip of land to the Town
across from Culver Road in Glendale Farms for the road . The
developer will build the road .
The parks are in the upper portions of the properties so each
development would have their own green space . One of the criteria
for the parks would that it be a size to accommodate a sports
field . The park acts as an additional buffer from the residential
and light industrial zoning .
Motion made by Councilman Niklas , seconded by Councilwoman Grigorov
that the Town Board hereby accepts the locations of the proposed
public facilities , subject to compliance by the subdivider with all
conditions and requirements that have been or may be imposed by the
Planning Board as part of further project consideration for Saponi
Meadows Subdivision .
TB Minutes 4 / 11 / 94
Page 21 .
Attorney Barney said on each of these the Town is showing tentative
roads , will the Town be receiving title to that strip of land
without a road being on it in each instance ?
Mr . Frantz said the Town will be receiving title .
Councilwoman Harrison asked who will build the road ?
Attorney Barney said his concern is that the Town will own it and
have the liability .
Mr . Walker said the Town will not be building any roads there .
Motion carried unanimously regarding Saponi Meadows .
Motion made by Councilman Niklas , seconded by Councilman Conley
accepting the locations of the proposed public facilities , subject
to compliance by the subdivider with all conditions and
requirements that have been or may be imposed by the Planning Board
as part of :Further project consideration for Glendale Farm
Subdivision ,
Councilwoman Harrison said the developer will not build the road ,
but will deed it to the Town in case at a later date it is
determined a road is needed , at that time someone else would build
the road .
Motion carried unanimously .
Agenda Item No , 21 - Agreement for Highway Superintendent to Expend
Funds :
Mr . Noteboom presented the agreement outlining all the roads to be
paved , repaired , or rebuilt during this year which has been
approved by the Public Works Committee .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas approving and adopting the " Agreement for the Expenditure of
Highway Moneys " for the year 1994 , as prepared by the Highway
Superintendent and the Public Works Committee . Carried
unanimously .
Agenda Item No 22 - 1994 Highway Paving Schedule :
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino that the roads indicated on the listing of road repairs
and improvements be completed according to the methods _ described ;
and in the spirit of cooperation , to provide information to Town
residents , the Highway Superintendent is directed to follow the
time schedule for repairs and improvements of these roads as
closely as possible . Carried unanimously .
TB Minutes 4 / 11 / 94
Page 22 .
Mr . Noteboom reported he has allowed $ 190 , 000 in the permanent
improvement budget in case it is determined that Judd Falls Road
could be repaired this year .
Supervisor Whitcomb asked Mr . Noteboom whether other roads would be
repaired if Judd Falls Road were not done ?
Mr . Noteboom responded that if Judd Falls Road is not repaired , a
proposal latex- in the year will be made to make other necessary
road repairs . Judd Falls Road will only be done if an agreement
can be reached. with the Forest Home community .
Councilwoman Valentino asked what will happen to the condition of
the Judd Falls Road if the repairs are not made ?
Mr . Noteboom said a great deal of time has been spent already cold
patching that road , there are a large volume of phone calls
received with complaints of the pot holes and poor condition of the
road .
Supervisor Whitcomb said it had been hoped the repair of the Judd
Falls Road could have been coordinated with the repair of the
Forest Home Bridge ,
Councilwoman Harrison asked if negotiations with the Forest Home
community were still underway regarding this road ?
Mr . Walker said the group that negotiated with them impressed that
traffic plan studies would be completed prior to rebuilding the
road . Part of= that is coming to fruition through the Northeast
Corridor Study funded under the ISTEA as part of the Metropolitan
Planning Organization study . That project will not start until
fiscal 1995 . It may appropriate for the Town to get in touch with
Forest Home representatives to see if the plans for transportation
will alleviate their fears sufficiently to allow the Town to go
ahead with the minor reconstruction of Judd Falls Road .
Councilman Klein said Judd Falls Road really does need to be
repaved .
Mr . Walker said currently some members of the transportation task
teams reviewing the long range plan of the MPO are from Forest
Home ,
Supervisor Whitcomb said the approval by DOT for the funding of
this planning project has not been made yet .
Motion made by Councilman Niklas that the Judd Falls Road
reconstruction project be referred to the Public Works Committee to
have a sub - committee meet with the Forest Home Improvement
Association to discuss the issue . Seconded by Councilwoman
TB Minutes 4 / 1_ 1 / 94
Page 23 .
Valentino . Carried unanimously .
Agenda Item No . 23 - Rental Highway Street Sweeper :
Mr . Noteboom asked for approval to rent a street sweeper for a two
week period in order to sweep streets that are going to be paved
and for cleaning catch basins .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas that on the recommendation of the Public Works Committee ,
the Town Board approves the rental of a street sweeper from Roberts
Equipment for two weeks at a cost of $ 2500 . The monies to be taken
from account DB5110 . 451 . Carried unanimously .
Agenda Item No . 24 - Abandonment orchard Street :
Mr . Walker explained this road is on a plat that was completed in
1953 . There was a 50 foot road reservation . The previous owner is
deceased and the present owner is trying to sell it . There is a
garage that belongs to the property which encroaches on the
apparent Town right of way . This plat shows it as reserved for a
road . The Town does not have a deed for it , but it is assumed the
Town owns the road . There will probably never be a need to connect
this road all the way through but there is a need to maintain a
drainage way which goes through this land to drain water from
portions of both streets .
Councilman Niklas said since there is no way to build on this the
Town Board might ask the owners on either side if they were
interested in purchasing the rights to the properties with an
easement granted to the Town for drainage .
Mr . Noteboom said the owners are trying to sell the land and they
do not have clear title .
Mrs . Noteboom said the real estate agent called and said the new
owners are supposed to close on this property on Friday , the
realtor wanted to know if the Town Board were discussing this
because they cannot have the closing until this is resolved .
Councilman Niklas said the decision might be to make the offer to
the people who are buying the property since the garage is
encroaching on the Town ' s land . It doesn ' t make sense that anyone
else would be interested in buying this land except for people
who ' s property is next to it .
Attorney Barney said when a road is set aside in a subdivision it
is treated as an offer to the municipality to dedicate the road for
purposes of a highway . The municipality has to do something
affirmatively to accept the offer of dedication . As far as it can
be determined the offer of dedication was made but there is no deed
TB Minutes 4 / 11 / 94
Page 24 .
or any indication it was ever accepted . The rules of how you can
dispose of property not needed differ depending on whether you own
it or whether you don ' t . The Town is in limbo , the Town owns it
but sort of owns it . If the Town had accepted it and taken a deed
for it the Highway Superintendent could sign a certificate that the
road has not been used for six years and is no longer a road , the
Town Board would accept that certificate and ownership would revert
to the owners on each side .
However , because the Town wishes to have the drainage issue
considered , it is not entirely clear it was ever accepted , now it
has to be measured for six years of non use from the time it was
accepted . If the Town owns it , it then can be conveyed for fair
and adequate consideration after it is determined to be surplus
property . That is probably what should be done depending on the
rights the Town has , convey the rights to the two adjoining land
owners in exchange for them granting the Town a permanent easement
for drainage ;purposes . That however , allows for a permissive
referendum . A resolution would have to be adopted for a permissive
referendum with a waiting period for 30 days to see if any person
wishes to have a permissive referendum .
Attorney Barney said the only problem with the second solution is
the Town doesn ' t know who owns the road . The Town is going to get
rid of any rights the Town has in the road , and get an easement
from people who have no right in it at all . In the end the Town
may not be any better , presumably the original developer still owns
that road .
Supervisor Whitcomb asked Mr . Barney if he were the Attorney for
the people trying to close on Friday , wouldn ' t he be a little
uneasy about that kind of an arrangement ? Nobody has title to this
and nobody ever will have ?
Attorney Barney said he would be happier in saying the Town is
surrendering whatever right it has .
Supervisor Whitcomb asked what the worst case scenario would be in
the future if the Town surrendered its rights ?
Attorney Barney said that some heir of some long absent developer
could surface and say it was their land .
Councilman Conley made a motion authorizing the Town Supervisor
with the assistance of the Attorney for the Town to negotiate a
possible conveyance in the Town ' s interest in the strip of land on
Orchard Street to the adjoining landowners in exchange- for their
conveyance of an easement to the Town for drainage purposes across
said strip of land subject to a permissive referendum and other
legal requirements . Seconded by Councilwoman Harrison .
TB Minutes 4 / 11 / 94
Page 25 .
Supervisor Whitcomb said this would prolong the issue for a couple
of months .
Attorney Barne>y said unfortunately a garage was built on the land
and there is now no way the Town could speed up the process because
of that encroachment .
Motion carried unanimously .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino authorizing the Town Clerk to advertise for a Public
Hearing to be held at 7 : 30 p . m . , May 9 , 1994 at the regular meeting
of the Town Board in order to consider the conveyance of the Town ' s
interest in a strip of land on Orchard Street to the adjoining
landowners in exchange for their conveyance of an easement to the
Town for drainage purposes across said strip of land . Carried
unanimously .
Agenda Item No 27 - Set Public Hearing , Local Law Reimbursement
Moving Expenses :
Attorney Barney said it is clear by law the State Comptroller has
said if the Town wants to pay moving expenses there must be a Local
Law .
Councilwoman Harrison asked if the Town has ever paid anything
other than the moving expenses , such as house hunting expenses ?
There is apprehension about including things in the law that is not
intended to be done because candidates may be more likely to try
and bargain for them is it is stated in the law .
Attorney Barney said not many new employees would know what the
local law states . There is no problem either wa y , but employees
could not be reimbursed unless it was in the local law .
Councilwoman Harrison asked if anyone has ever been paid for moving
expenses ?
Mrs . Noteboom said she had been paid for her moving expenses , but
she was not paid for house hunting . Mileage was paid for going
back and forth ..
Supervisor Whitcomb and Councilwoman Valentino agreed the local law
should not contain anything more than is required .
Mrs . Punger said the other issues may be a negotiating factor in
hiring someone . In lieu of salary some of the other things may be
paid .
1 i
I E
TB Minutes 4 / 11 / 94
Page 26 .
Councilwoman Grigorov pointed out the proposed law says , " may
include but is not necessarily limited so other things may be
negotiated .
Councilman Conley said the wording opens it up to negotiation .
Councilwoman Harrison asked if rather than enumerating item B
through E , say , " such relocation expenses may include but are not
necessarily limited to " , and then include item A ; this would leave
it open to pay the other options if it were in the best interest of
the Town through negotiations .
Attorney Barney said item E . should be included . B , C , and D may
not be , but including them clearly authorizes them .
Councilman Nik. las suggested for the public hearing B , C , and D be
eliminated . It seems that items A and E are reasonable .
Councilwoman Harrison asked if 36 months should be used in the item
describing an :individual would pay back the Town for these expenses
if they left employment ?
Mrs . Punger thought that 24 months would be more reasonable .
Attorney Barney said the law says the complete 36 months would not
have to be used , you could always go less .
Councilwoman Harrison asked , then someone could be terminated after
two years and ten months and have the amount paid to them for
moving expenses subtracted from their final pay ?
Attorney Barney said if an employee leaves of their own free will ,
or if the Town terminates for cause they would pay it back if the
Town Board so chooses .
Motion made by Councilman Niklas , seconded by Councilwoman ' Grigorov
that the Town Clerk is hereby authorized and directed to advertise
for a Public Hearing to be held on May 9 , 1994 at 7 : 00 p . m . to
consider enactment of a " LOCAL LAW AUTHORIZING THE PAYMENT OF
RELOCATION EXPENSES FOR NEW TOWN EMPLOYEES " . Amendment to motion
made by Councilman Niklas , seconded by Councilwoman Grigorov that
items B , C , and D of the proposed Local Law be deleted from the
final version of the Local Law ,
Attorney Barney said there could be a problem if you gave someone
closing costs on a house . A and E outline the nature of the costs .
Councilman Niklas said given that example he was not worried
because he would not want that to be part of a condition of
employment . I do not know of anyone who has had closing costs paid
for them .
TB Minutes 4 / 11 / 94
Page 27 .
Councilwoman :Harrison said in the long run the Town may make a much
better deal if they pay the person several thousands less in salary
for a few years in order to pay their closing costs . Someone may
be " cash poor " at this time , economically it could be in the best
interests of the Town . It could set precedent which is not good ,
because how would it be traded off .
Councilman Niklas said incidental expenses related to the move
would could the expenses for house hunting .
Attorney Barney said if that is the intention then say so in the
law .
Councilwoman Grigorov said because it should not be encouraged .
Attorney Barney said once this is adopted , the only people who will
probably know about the local law will be the Personnel Manager .
Mrs . Noteboom. said that she found out she could be reimbursed for
moving expenses from other employees after she had started working .
The Town Board gave her six months to move into the Town , therefore
she applied for reimbursement .
Councilman Niklas said he was amazed to hear the Town Board
disagreeing on a point that would cost the Town more money .
Attorney Barney said he was disagreeing because he felt there
should be flexibility , it is the Town Board ' s decision .
Councilwoman Valentino said the two items which bother her the most
are C and D .
Roll Call Vote : Supervisor Whitcomb , Nay ; Councilwoman Valentino ,
Aye ; Councilman Niklas , Aye ; Councilman Klein , Nay ; Councilwoman
Grigorov , Aye ; Councilwoman Harrison , Aye ; Councilman Conley , Nay .
Motion carried . ( See attached proposed Local Law for clarification
on items . )
Agenda Item No . 28 - Paid Meal Time :
Motion made by Councilwoman Grigorov , seconded by Councilwoman
Valentino approving paying hourly employees working extended hours
through meal periods when approved by the appropriate Department
Head .
I
Councilwoman Valentino said this is to put back a benefit that was
previously omitted by mistake . _
Mrs . Punger said it would pay overtime for meal time , for employees
working extended hours .
TB Minutes 4 / 11 / 94
Page 28 .
Mr . Noteboom said highway workers previously had this benefit and
this resolution would clarify the issue by Town Board approval .
Councilwoman Valentino said it is not paying for the meal , it is
paying for time when they are working overtime .
Mrs . Punger said it would also include breakfast and lunch times if
they came in during the night .
Motion carried unanimously .
Agenda Item No . 29 - Amendment to Local Law # 3 / 1992 , Fill Permits :
Deferred until Codes and Ordinances Committee can review and make
recommendation to the Town Board .
Councilman Niklas said the COC decided it would be better to settle
a clear statement rather than having it move back and forth between
the COC and the Town Board ,
Agenda Item No . 30 - Planning Board Recommendation , Little
Subdivision :
Mr . Walker said the Town Board referred this to the Planning Board
and recommended the park land set aside be waived because Mr . and
Mrs . Little had proposed a conservation easement through the
Fingerlakes Land Trust .
The Fingerlakes Land Trust has excused themselves from handling the
conservation easement . The Town Board now has a proposed
conservation easement drafted by Mr . and Mrs . Little which gives
the easement to the Town . The easement would be for an 8 . 5 acre
parcel and inicludes access to Ridgecrest Road . The draft easement
was prepared using a model that the Fingerlakes Land Trust uses .
It does not specifically allow public access . The Little ' s want to
protect themselves from unauthorized usage such as snowmobilers .
The Little ' s will probably invite people to do such things as bird
watching however .
Councilwoman Harrison asked if it provides for the Town to inspect
the land ?
Mr . Walker said , yes . The Town will own the easement , not the
land .
Councilwoman Harrison said that means it restricts the use of the
land . The Town would have the right to inspect if the Little ' s
built anything there because of the easement to enforce against
that .
I
TB Minutes 4 / 11 / 94
Page 29 .
Attorney Barney said the Town Board is being asked to approve the
concept of the Town taking the easement , there are some
consequences . Mr . Barney read the document and has some
reservations . Mr . Barney will work out with the Little ' s the
technical aspects that are acceptable . The greater concept is
whether the Town wishes to get involved with enforcing conservation
easements .
Councilwoman Grigorov said this would be part of the Town ' s plan
for land preservation .
Councilman Niklas asked why the Fingerlakes Land Trust turned down
the acceptance of the conservation easement from the Little ' s , and
are there any options available to the Town ? Are the Little ' s
willing to donate a smaller amount of land to the Town ?
Supervisor Whitcomb said the Fingerlakes Land Trust turned it down
because they are interested in bigger parcels of land .
Councilwoman Harrison said the Little ' s do not have to be willing
to donate land , it is a subdivision and the Town can expect the 10 %
set aside . There is the option of telling the Little ' s the Town
wants the 10 % park set aside .
Councilwoman Grigorov said the water lines are also a
consideration .
Councilwoman Harrison asked if the Town is prepared to inspect
lands under conservation easements ? This may be a precedent that
the Town may :like , it may be something that should be looked at in
the future . Zoning issues regarding conservation and agricultural
zoning concepts may entail development for setting aside other
parcels to remain open .
Councilwoman Grigorov said conservation easements have always been
considered a good way of preserving open land .
Attorney Barney said it would require a bureaucracy to maintain .
There would have to be records as to the existence of the
easements . If there are a number of them someone in. the Town has
to organize the administration of them . There would have to be
some mechanism of inspection to insure the easement is complied
with . The area would have to be photograph for a basis of what it
is .
Councilwoman Harrison asked if there would be any property tax
implications ? It has been discussed whether there should be a tax
benefit for conservation easements .
TB Minutes 4 / 11 / 94
Page 30 .
Mr . Frantz said the County Assessment Office will not automatically
reduce the assessment on a parcel of land because it has a
conservation easement . They watch how easements effect the actual
sale value . The easement may just as well increase the value of a
parcel .
Councilman Niklas said he is not opposed to the Town getting
involved in conservation easements . What are the obligations of
the Town when it accepts these easements , what are the rights of
the Town , and what are the obligations and the rights of the people
who own these: lands ? It is uncomfortable to accept this type of
easement unless these questions are answered . There is an
arrangement being proposed which is based on an easement given to
the Fingerlakes Land Trust . Does this then become an arrangement
for all other conservation easements ? Once the Town enters into
this , will the assumption be this is sufficient for all other
easements ?
Councilwoman Grigorov said with the Fingerlakes Land Trust each
easement is negotiated separately .
Supervisor Whitcomb said the Town is being asked to conceptually
accept the easement , the legalities can be negotiated and worked
out later .
Mr . Frantz said the Town ' s expenditures of resources would be for
staff time . In Lancaster County the Agricultural Preserve Force
staff is now three people who spend approximately 25 % of staff time
monitoring a :Little over 300 conservation easements . Someone maybe
once a year would have to inspect each easement .
Councilwoman Harrison said the Fingerlakes Land Trust has
volunteers W1-10 inspect the parcels , maybe the Conservation Board
could do the inspections .
Mr . Frantz said the aerial photographs taken approximately every
four years of the Town would also help to monitor them .
Councilman Niklas said if the Town Board feels comfortable in
principle accepting this kind of arrangement the Attorney for the
Town should be instructed to carefully review the agreement and
then the Town. Planning Board can review the agreement .
Attorney Barney said the Town Board should approve the acceptance
of the easement because they would be considering the cost
implications of administration .
Supervisor Whitcomb asked what the delay to review the easement
would do to the Little Subdivision , would they be able to proceed
with what is necessary for them to do ?
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TB Minutes 4111194
Page 31 .
Mr . Walker said the Little ' s have received final subdivision
approval from the Planning Board contingent upon filing in the
Tompkins County Clerk ' s office of a conservation easement
acceptable to the Attorney for the Town for the 8 . 5 acres protected
under the site easement .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino that the Town Board accepts the locations of the proposed
public facilities and conservation easement , subject to compliance
by the subdivider with all conditions and requirements that have
been or may be imposed by the Planning Board as part of further
project consideration .
Amendment : Motion by Councilman Niklas , seconded by Councilwoman
Valentino : and as to the conservation easement , negotiation of the
terms of the easement by the Town Supervisor and Attorney for the
Town , with the final easement to be approved by the Town Board at
the Town Board meeting of May 9 , 1994 .
Mr . Walker said the Little ' s would be willing to grant the water
main easement to extend the water main down to Troy Road . This
would be beneficial in satisfying a request for water from
residents who do not have enough water . The easement is contingent
upon the construction of that water main in a timely manner .
Preliminary costs estimates for this water extension would be
approximately $ 55 , 000 , minus the contribution from the developer
which would probably be $ 2000 per lot .
Councilwoman Harrison asked what this indicated , does this mean the
Town shouldn ' t be allowing development at all in these areas unless
the Town is willing to put water to them ?
The Town has talked about keeping water and sewer services to the
areas presently served . The Town was under the impression that
health department regulations in lots of two acres would deal with
water . This is not a two acre issue and it is not pollution from
septic systems , it is not enough water . Coddington Road is saying
they have an iron problem . Is this a priority that makes sense ?
Last month the issue was raised about water lines putting
development pressure where the Town doesn ' t want it .
Councilman Niklas said there are parts of the Town presently which
are water stressed , and he feels the Town has an obligation to
bring water to those residences that need it . If restricting
access to wat= er and sewer is the only mechanism the Town has to
control density and development , the Town is in a bad state .
Mr . Walker said the Little ' s would only allow the water easement if
the construction was done within a year because they plan to build
their home and do not wish to have the land disturbed after they
have completed the home .
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TB Minutes 4 / 11 / 94
Page 32 .
Councilwoman Valentino asked if the Little ' s are aware that if
there are problems with the water lines the easement would allow
for the Town to do work there which may disturb the land ?
Mr . Walker said they are aware of that , they would not be allowed
to construct anything over the water main .
Councilman Conley said he agrees it is the Town ' s obligation to
provide water where there is not water to existing areas . The
sewer gaps should also be filled in where people have water but no
sewer , such as places along Route 96 and West Haven Road ,
Supervisor Whitcomb said that once water is installed there is very
little else left to control density .
Councilman Klein said if the Town doesn ' t want the conservation
easement and the Planning Board wanted to keep the open space , why
couldn ' t that: stay with parcel A and be restricted to other
subdivisions ?
Mr . Frantz said they cannot subdivide parcels B , C , and E ; they
have no plans to subdivide parcel A . However , at some point in the
future that could be an option for the Little ' s , If someone in the
future subdivided parcel A , the area where the conservation
easement is would still be permanent open space .
Councilman Klein asked if something could be done to attach the
park to a parcel that cannot be subdivided , then there is the
permanent open space .
Mr . Walker said no , that could be done but it is not the wishes of
the subdivider . They wish to control this area and maintain it
themselves within their home parcel . They would be stewards of the
land .
Councilman Niklas called the motion . Motion carried unanimously .
Supervisor Whitcomb said this item along with the possibility of
extending water across this parcel will be added to the May 9 ,
agenda . People along Troy Road are hopeful the water extension
will be const _ucted .
Agenda Item No . 31 - Chase Farm Subdivision :
Mr . Walker explained there is a problem with the Chase Farm
Subdivision . This subdivision was approved in 1989 . Preliminary
approval was granted for all 90 + lots . Mr . Walker showed a map
indicating the division of the lots which have had homes
constructed on them and those which have not .
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TB Minutes 4 / 11 / 94
Page 33 .
There are some lots that are in violation of Town subdivision
regulations because they are more than 1000 feet from ingress to
egress . The map shows an emergency access without pavement . That
access was changed to another location by subsequent Town Board
action for construction and emergency access . The construction
access was removed by the Town Board two years ago because the
construction was complete on the houses .
The emergency access component is essentially precluded because
there are not two houses within 20 feet of the property lines on
each side with landscaping which would have to have a road through
their lines . At the time this did not seem to be a major issue
because Phase II was about to receive final approval , except it did
not . The road is one of the conditions that was looked at when
preliminary subdivision approval was made . This road will probably
never happen . The Planning Board refused final subdivision
approval due to wetlands . The neighbor , Tessa Flores has offered
to buy this property from the developer because she has a great
deal of open space she wishes to preserve . The package the
developer and Mrs . Flores have agreed on includes selling the
parcel to Mrs . Flores and buying one section back to put a lot on .
The road would not go through . It may be possible to bring the
road through the Sawyer ' s property and have a future connection if
they desired to subdivide . That may never happen because of the
disagreements between the property owners . A retention pond was
installed to eliminate drainage problems . The park land process
included the development of a park to go through the parcel to
another trail_ . In order for this to work many conditions of
subdivision will have to be waived after the fact if Phase II is
not allowed to be built .
The Town has basicly issued building permits that have violated all
the standards . They wish to build even more . These houses do not
have legal access .
Mr . Frost said some of the houses were legal with building permits
until 1992 when the road was eliminated .
Mr . Walker said the road was eliminated because at the time the
subdivider thought he had approval and did not know until the night
of the Planning Board meeting he did not .
Councilman Niklas asked if there were any type of emergency road
which could be built now that would make those homes in compliance ?
It seems that if there were a relocated paved emergency access road
similar to what was originally thought of it may work .
Mr . Frost said the problem is finding the land that would make
those homes accessible . Someone is looking to subdivide in the
westerly direction of King Road which may allow for a link up to
the culdesac that would minimize the problems in some lots .
TB Minutes 4 / 11 / 94
Page 34 .
Mr . Walker said he is alerting the Town Board that the Planning
Board is probably going to be considering the subdivision of that
parcel which will preclude many conditions that were made during
the first subdivision approval .
Councilman Niklas asked if the Planning Board would do that without
requiring an emergency road be installed ?
Mr . Walker said the developer no longer controls the land . It is
all the individual homeowners .
Mr . Frost said the concern is if the egress is blocked on Chase
Road by King Road you cannot get in , and it is a fairly long road .
Mr . Walker said his concern is the number of conditions , and these
should be discussed to minimize conditions on tentative
subdivisions .
Attorney Barney said the Town should not be giving up access roads
until all conditions are met .
Mr . Frantz said the Town has already approved that culdesac . The
homes have been sold , the Town Board has accepted the road .
Attorney Barney said this issue is being addressed to get the Town
Board ' s sense of the Board ' s position if the subdivision comes in
as to what will be necessary to extend what is already an over
extended culd(= sac .
Councilwoman Grigorov said she can not imagine letting the land be
subdivided further .
Mr . Walker said the Town Board accepted the road locations and the
park locations which cannot be deeded . There is a paved walkway .
The Town can :sill ask for park land dedication and provisions can
be made to make future access possible . There is a wide area of
wetlands difficult to cross without a special permit .
Councilman Klein said even if someone were willing to develop this
it would still be a difficult task .
Mr . Walker said if someone was willing to develop it 1000 . . . . . . .
Councilman Niklas said he appreciated this information , but the
Town Board is not in the position to offer solutions now . The
Planning Board will have a chance to review this and be creative ,
and when the :Planning Board is creative it will come back to the
Board with some sort of recommendation . That is the appropriate
time to discuss this issue , not now when it is not known what the
Planning Board will do .
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TB Minutes 4 / 11 / 94
Page 35 .
Mr . Frost said from the staff ' s standpoint it is a very stressful
situation and it was felt the Town Board should be made aware of
this problem . Staff will have to make a recommendation to the
Planning Board and it would be nice if the Town Board has any
suggestions or concerns to let staff know .
Councilwoman :Harrison said it is not desirable to add more lots .
Supervisor Whitcomb said that may be the only way this deal will go
through .
Mr . Walker said the Town Board has to be aware if the Planning
Board decides to waive certain things , especially items already
approved by the Town Board like road locations , the Town Board will
have to again take action . There was also a water loop to be
constructed which would have maintained other houses . The Town
Board did not understand the ramifications of accepting utilities
and easements and locations if the subdivision did not work . There
are issues the staff can work on with the developers to try and
minimize negative impacts , but the non - approval interfered with
other approvals .
Councilwoman ]Harrison asked if the placement of the park area would
be decided by the Planning Board as they negotiate ?
Mr . Walker showed possible areas for the park on the land .
Mr . Frost asked Mr . Barney if he had a chance to review the Local
Law where the access was modified in 1992 because it is not clear
that the Town waived the right to the emergency access ?
Mr . Barney said he did not think it was Local Law , but connected in
the negotiations with Citizens Savings Bank who owned it when an
emergency access was reserved .
Mr . Frantz said the lesson to be learned is the Town has to look at
all the land use plans for South Hill because up to 40 % of South
Hill has wetlands .
Agenda Item No . 32 - Specifications , Advertisement of Bids - South
Hill Sewer Re' air :
Mr . Walker explained there is a 300 foot section of sewer on
Coddington Road which has been crushed and has a blockage , and on
Danby Road the sewer from the City line to the connection with
Ithaca College has significant capacity and structural problems
needing repair . The Danby Road project has been budgeted for
$ 100 , 000 and there is $ 30 , 000 in the repair budget for the
Coddington Road sewer .
TB Minutes 4 / 11 / 94
Page 36 .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino authorizing and directing the Town Clerk to advertise for
bids for the repair of the Sanitary Sewermain Replacement , South
Hill according to the conditions of the advertisement prepared by
the Town Engineer . Carried unanimously .
Agenda Item No . 33 - Amendment Local Law # 5 / 1990 , Inspections Fees :
Mr . Frost staged that John Guttenberger from Cornell University has
indicated he will be requesting a waiver of the Temporary
Certificate of Occupancy fee . The local law allows for the ability
of the building / zoning office to issue a TCO for properties that
are nearing completion with building permits but have not
necessarily met all conditions of the approval for non safety
related issue ; . The fee for a TCO is one half the building permit
fee . In the case of the Cornell Reis Tennis Court the fee would be
$ 1000 for a TCO . The TCO is being issued because the final paving
and landscaping has not been done because it was not the paving and
planting season .
Mr . Frost suggested the issue brings up potential problems with
conditional certificates of occupancy . There is no authorization
to do that , the Town may not want conditional certificates and
perhaps TCO ' s are more appropriate as there may be fees which are
unfair to some people .
Councilwoman Harrison asked if there are costs involved with TCO ' s
such as second inspections , etcetera ?
Mr . Frost said in some cases an additional fee should be necessary ,
but some things left undone can be as simple as a bathroom vanity
not coming in so the plumbing can not be finalized . There are
different degr= ees of severity of things that may not be completed .
Supervisor Whitcomb said there are two issues which need to be
decided , whether to waive the TCO fee for the Cornell Reis Tennis
Center , and whether the local law should be amended regarding fees
for the inspections , There should be some flexibility and a
sliding scale built into the fee schedule to accommodate the
different occasions of non completion .
Councilwoman Grigorov said there is the point that many items are
unrelated to building occupancy .
Motion made by Councilman Niklas , seconded by Councilwoman Grigorov
that the consideration of an amendment to the Local Law # 5 / 1990
regarding the fee schedule for Temporary Certificates of Occupancy
be referred to the Codes and Ordinances Committee for their
recommendation . Carried unanimously .
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TB Minutes 4 / 11 / 94
Page 37 .
Councilwoman :Harrison asked that the COC consider any new language
recognize any administrative costs associated with this being
covered within the fee .
Councilman Niklas said the current fee schedules are in place for
the TCO for the Reis Tennis Center and to make an exception for
anyone is to make an exception for everyone , and therefore the
request of waiver should be denied .
Motion made by Councilman Niklas , seconded by Councilwoman Harrison
that the Town Board hereby denies the request by Cornell University
waiving the Temporary Certificate of Occupancy for the Reis Tennis
Center . All members voted aye , with the exception of Councilwoman
Grigorov who voted nay . Motion carried .
Agenda Item No . 34 - Water Petition , Coddington Road :
Councilwoman :Harrison said when looking at the Comprehensive Plan
concept map for this area it is either rural residential or
agricultural . It is clear a few property owners in the vicinity
are concerned. about development pressures when water lines are
installed . The petition says it is a water quantity problem and
also a iron bacteria problem . There can be high iron , the
explanation is garbled .
Councilman Niklas said he called in two water experts about his
property and most experts do not know what iron bacteria is . There
is sulfur in the water and iron in the water , that gets transcribed
into sulfur bacteria and iron bacteria .
Councilwoman Harrison said she is apprehensive about the Town ' s
obligation to run water anywhere there is sulfur .
Mr . Walker said this would be an extension of the water main on
Coddington Road that ends past Burns Road . There is 15 tax parcels
that would be served by the extension . Most of them are large lots
that vary in size from 2 acres to 44 acres .
Councilwoman Grigorov noted there could be a substantial
subdivision on that 44 acres .
Supervisor Whitcomb said the owner of that parcel is not interested
in having water there and may be interested in a conservation
easement .
Mr . Walker said the Community Center would be supplied with water
if the extension were built . -
Councilman Niklas said this is a request for public water and in
the past the Town Board has always extended the curtesy of allowing
people to come before the Board and explain the circumstances .
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Page 38 .
This would at: the same time afford an opportunity for the Town
Board to explain to individuals the criteria for the Town approving
or denying the extension of water . This particular issue should
not raise the generic debate of how the Town Board feels about
density of development . There are other examples in the Town which
would raise the debate in a clearer way .
Councilwoman Valentino asked if the owners of the 44 acres gave a
conservation easement to the Town , how many water units would be in
the extension ?
Mr . Walker said the 44 acres would be assessed for the proper
number of units based on our present local law . The Town Board
could waive the units if the 44 acres were deemed to be unbuildable
land . The Attorney for the Town will say a conservation easement
cannot be guaranteed forever and ever .
Attorney Barney said the rule which determines the units for
assessment are made by the Town Board ' s rulings based on the
benefit conferred . One could argue with a conservation easement
there is not a benefit conferred to the land .
Supervisor Whitcomb said you could build a pay back schedule into
it similar to the agricultural district so that if the conservation
easement were ever violated there would be a pay back of the unit
charges to the Town . At present another issue which is being
reviewed is the revision of the water and sewer benefit formula .
Mr . Walker raid he would not anticipate there would be any
subdivision activity within the area described for the petition .
Councilwoman Harrison stated this is an area where the Town is
concerned about the septic system impact on Six Mile Creek and the
whole Coddington Road corridor , if you bring in water and you stay
on septic systems you increase the amount of water being discharged
in the area .
Attorney Barney said that may not be true because people would be
paying for the water rather than just paying electric costs .
Mr . Walker said the tendency is that people will generally use more
water especially if they are in a poor water quality area . If
people have poor water they tend to do things such as laundry
somewhere else .
Councilwoman Harrison said this would likely put increasing
pressure on the septic systems in this area , this is something that
has very serious ramifications . The other possible way of handling
0 t would to be to have a sub - committee look at this issue .
TB Minutes 4 / 11 / 94
Page 39 .
Councilman Niklas said this raises the issue the whole Town Board
should be involved in .
Mr . Frost said the Coddington Road Community Center has a
legitimate problem with water quality . The sprinkler system is
required in a day care center and with a well there may be a
problem in having enough water .
Supervisor Whitcomb said this is a day care center the Town has
encouraged , participated in , and helped develop so the Town bears
a responsibility as well .
Councilwoman Valentino said she would hate to be the member of the
Town Board who would say the Town would not provide water to the
day care center .
Councilwoman Harrison said she would hate to be a member of the
Town Board that says the Town is trying to preserve the Coddington
Road corridor for quality purposes , but the Town will extend water ,
and yes , that. probably means sewer will follow and that the land
will be subdivided .
Councilman Klein said the Town Board normally asks the Town
Engineer for a study of costs even when the sense of the Board has
not been favorable .
Mr . Walker said this has already been included in the Capital
Improvements Project estimates as a low priority . The project
would be a 2000 foot water main with approximately 15 services . At
$ 50 . 00 per foot for water mains it would cost about $ 125 , 000 , if it
were built in conjunction with Troy Road it would probably cost a
total of $ 225 , 000 .
Mr . Walker said he will prepare an engineering report with
estimates of what it would take to bring water to both Coddington
Road and Troy Road for the next Board meeting .
Councilwoman Harrison said she would not like to see the two
projects linked .
Mr . Walker said the Public Works Committee has discussed this and
if the Town goes into capital improvements for less than $ 1 , 000 , 000
it is not cost= effective , and that aggregating a number of projects
needed into one provides a better way of bonding .
Councilwoman Grigorov said these projects are supposed to be
referred to the Planning Board who reviews extensions of any
utilities .
Councilwoman Harrison asked the Town Board consider the policy
issues that are being discussed .
TB Minutes 4 / 11 / 94
Page 40 ,
The Town Clerk said usually any petitions for water are presented
to the Town Board who authorizes the filing of the petition , and
directs the Town Engineer to provide a feasibility study . The Town
Board reviews the study and then refers the issue to the Planning
Board for their recommendation .
Mr . Walker said he will make his report at the next meeting after
the informational meeting with the residents , and the Board can
then refer the issue to the Planning Board if they choose .
The Board instructed the Town Clerk to send an invitation to
residents of Coddington Road and Troy Road to attend the May 9 ,
Town Board meeting to discuss their concerns about the extension of
water to those roads .
Supervisor Whitcomb asked when a construction decision would have
to be made if the water extension were put in across the Little ' s
property before the year is up ?
Mr . Walker said if the year is up from the date of the filing of
the easement from the Little ' s it could be constructed until
November 1994 . A decision should probably be made by June 1994 .
Attorney Barney said it would be a capital expenditure and a public
hearing would have to be held .
Supervisor Whitcomb said first there will be an informal public
meeting with the Coddington Road residents at the May meeting . If
it is decided. to proceed with either the Coddington Road or Troy
Road extensions a public hearing will be set for the June meeting .
The Troy Road extension will be placed on the agenda for May .
Agenda Item Additional No . 1 - Appointment Planning Board Member :
Motion made by Councilwoman Harrison , seconded by Councilwoman
Grigorov appointing Gregory Bell , 113 Penny Lane , to fill the
unexpired term of Carolyn Grigorov for a term of office effective
immediately upon adoption of this resolution through December 31 ,
1997 . Carried unanimously .
Councilwoman Harrison asked the Town Board to consider doing some
recruiting for Planning Board members .
Councilwoman Grigorov reminded the Board the Town now has three
professional planners on the Planning Board , and the Planning Board
is supposed to be made up of diverse citizens .
Supervisor Whitcomb said Virginia Langhans has stated she will be
resigning from the Planning Board as of July 1 . Recruitment should
be made to fill her position before that date .
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Page 41 ,
Agenda Item No . 35 - Executive Session :
Motion made by Councilman Klein to move into Executive Session to
consider personnel , pending litigation , and property acquisition .
Seconded by Councilman Niklas . Carried unanimously . The Board
moved into Executive Session at 9 : 43 p . m .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino to resume regular session . Carried unanimously . The
Board resumed regular session at 10 : 23 p . m .
As a result of the Executive Session the following motion was made
by Councilman Niklas , seconded by Councilwoman Valentino , The Town
Board hereby authorizes the extension of the employment
probationary period for an additional ninety ( 90 ) days for the
employee discussed during the Executive Session , All Town Board
members voted aye , with the exception of Councilman Conley who
voted , nay . Motion carried .
Agenda Item No . 36 - Adjournment :
Motion made by Councilwoman Valentino , seconded by Councilman Klein
to adjourn a .s there was no further business to come before the
Board . Carried unanimously .
Meeting adjourned by the Supervisor at 10 : 27 p . m .
Respectfully submitted ,
qcc � L /Lt
Joan Lent Noteboom
Town Clerk
* * * Next regular meeting , May 9 , 1994 - 5 : 30 p . m .
* * * 5 : 45 p . m . - Presentation City of Ithaca Fire Chief
* * * 6 : 30 p . m . - Progress Report Forest Home Bridge
* * * 7 : 00 p . m . - Public Hearing : " Local Law Authorizing the Payment
of Relocation Expenses for New Town Employees " .
* * * 7 : 30 p . m . - Public Hearing : Conveyance of Town ' s interest of
land on Orchard Street .
* * * 7 : 45 p . m . - Presentation Joint Youth Commission
* * * 8 : 00 p . m . - Public Information Meeting : Coddington Road and Troy
Road proposed water extension .
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Town Board Meeting 4/ 11 /94
Agenda Item No . 4c
Association of Towns - Request of Correspondence, CHIPS
Resolution No . 80
BE IT RESOLVED , that the Highway Superintendent is hereby authorized and directed to
correspond with the town ' s State Legislators requesting additional CHIPs monies to deal with
the unusually severe winter this year.
MOVED : Councilran Niklas
Carried unanimously
SECONDED : Councilman Conley
DATED : April 11 , 1994
Q�, L-k n ,
Joan Lent Noteboom , Town Clerk
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Town Board Meeting 4/ 11 /94
Agenda Item No . 9
Joint Youth Commission Summer Workers
Resolution No . 81
BE IT RESOLVED , that the Town of Ithaca Town Board approves in principle, the
additional payment: by the Town of Ithaca of $2500.00 to be matched by Tompkins County
for the hiring of six additional Joint Youth Commission Summer Workers in the summer of
1994 contingent upon the review of a written request to this Town Board .
MOVED : Councilman Niklas
Carried unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4/ 11 /94
Agenda Item No . 11
SEQR Local Law Extending Term of Town Supervisor
Resolution No . 82
WHEREAS , this action is the consideration of a local law entitled , " A LOCAL LAW
EXTENDING THE TERM OF THE TOWN SUPERVISOR FROM 2 YEARS TO 4
YEARS , " and
WHEREAS , the Town Board is legislatively determined to act as Lead Agency for
environmental review for the proposed local law ; and
WHEREAS , the Town Board , at a Public Hearing held on April 11 , 1994, has reviewed
the proposed local law entitled , " A LOCAL LAW EXTENDING THE TERM OF THE
TOWN SUPERVISOR FROM TWO YEARS TO FOUR YEARS " , and a Short
Environmental Assessment Form Part I and 11 prepared by Town planning staff; and
WHEREAS , the Assistant Town Planner has recommended that the Town Board make a
negative determination of environmental significance for the proposed local law ; now
therefore be it
RESOLVED , that the Town Board hereby makes a negative determination of
environmental significance for the proposed local law entitled , " A LOCAL LAW
EXTENDING THE: TERM OF THE TOWN SUPERVISOR FROM 2 YEARS TO 4
YEARS " , and therefore no further environmental review will be required .
MOVED : Councilman Niklas
Carried unanimously
SECONDED : Councilwoman Harrison
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
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Town Board Meeting 4/ 11 /94
Agenda Item No . 12
RESOLUTION ADOPTING THE LOCAL LAW
EXTENDING THE TERM OF THE SUPERVISOR FROM TWO TO FOUR YEARS
Resolution No . 83
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town on April 11 , 1994 to hear all interested parties
on a proposed local law entitled " A LOCAL LAW EXTENDING THE TERM OF TOWN OF
ITHACA SUPERVISOR FROM TWO YEARS TO FOUR YEARS " ; and
WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ;
and
WHEREAS , said public hearing was duly held on said date and time at the Town Hall
of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS ., pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 (State Environmental Quality Review Act) it has been determined by the Town
Board that adoption of said proposed local law would not have a significant. effect upon the
environment and could be processed without further regard to SEQR ,
NOW , THEREFORE , be it
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law
entitled " A LOCAL LAW EXTENDING THE TERM OF TOWN OF ITHACA
SUPERVISOR FROM TWO YEARS TO FOUR YEARS " , a copy of which is
attached hereto and made a part of this resolution, such adoption being subject to the
submission of same to a referendum ; and it is further
RESOLVED , that this local law be submitted for approval to the electors of the Town
of Ithaca at the next general Town election to be held on November 8 , 1994 ; and it is
further
RESOLVED , that, if approved at the general election, the Town Clerk is hereby
authorized and directed to file said local law with the Secretary of State as required by
law.
Res. #83 - 4/ 11 /94
Page 2 .
9
MOVED : Councilman Klein Roll Call Vote
Supervisor Whitcomb Aye
SECONDED : Councilman Niklas Councilwoman Valentino Aye
Councilman Niklas Aye
DATED : April 11 , 1994 Councilman Klein Aye
Councilwoman Grigorov Aye
Councilwoman Harrison Aye
Councilman Conley Aye
Motion Carried Unanimously
Joan Lent Noteboom , Town Clerk
I
i
i
TOWN OF ITHACA
LOCAL LAW NO , FOR THE YEAR 1994
A LOCAL LAW EiXTENDING THE TERM OF TOWN OF ITHACA SUPERVISOR FROM
TWO YEARS TO FOUR YEARS .
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . This law is enacted pursuant to Section 10( 1 ) (ii) (a) ( 1 ) and Section
10 ( 1 ) (ii) (d) (3) of the Municipal Home Rule Law of the State of New York .
Section 2 . 'The term of office of the Supervisor of the Town of Ithaca shall be changed
from two years to four years .
Section 3 . The change in the length of term of the Town Supervisor shall occur effective
January 1 , 1996 and shall apply to persons elected to that position who assume office on and
after January 1 , 1996 .
Section 4 . 'This local law shall amend , in its application to the Town of Ithaca , Section
24 of the Town Law with respect to the term of the office of the Supervisor of the Town of
Ithaca .
Section 5 . l.n accordance with the provisions of Section 23 of the Municipal Home Rule
Law , this local law shall be submitted for approval to the electors of the Town of Ithaca at the
next general Town election to be held on November 8 , 1994 .
Section 6 . Any other local law , ordinance , or resolution inconsistent herewith is hereby
repealed .
Section 7 . :[n the event any provision of this local law is declared invalid by a court of
competent jurisdiction , the validity of the remaining portions shall not be affected by such
declaration of invalidity .
Section 8 . This local law , if approved by the electors , shall take effect immediately upon
filing with the Secretary of State after approval by a majority of the electors voting thereon in
accordance with the requirements of Section 27 of the Municipal Home Rule Law .
i
i9
Town Board Meeting 4 / 11 / 94
Agenda Items 13a to 13i
Consent Agenda Items
Resolution No . 84
BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby approves and / or adopts the Consent Agenda Items 13a - 131
resolutions as presented to the Town Board on April 11 , 1994 ,
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Couxncilwoman Valentino
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
�o
i
i
Town Board Meeting 4 / 11 / 94
Agenda Item No , 13a
Town Board Meeting Minutes 3 / 7 / 94
Resolution No . 84a
WHEREAS , the Town Clerk has presented the Town Board Meeting
Minutes for the regular meeting held March 7 , 1994 to the Town
Board for their review and approval ; and
WHEREAS , the Town Board has reviewed said minutes as written ;
now therefore be it
RESOLVED , that the Town Board does hereby approve and adopt
the said minutes as the official minutes of the Town Board for the
meeting held March 7 , 1994 ,
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
rq .
Joan Lent Noteboom , Town Clerk
i
Town Board Meeting 4 / 11 / 94
Agenda Item 13b
Town of Ithaca Warrants
Resolution No . 84b
WHEREAS , the warrant with the following numbered listing of
vouchers has been presented to the Town Board for approval of
payment ; and
WHEREAS , said warrant has been audited for payment by the Town
Board ; now therefore be it
RESOLVED , that the Town Board does hereby authorize the
payment of said vouchers as numbered and listed on the warrant .
General Townw :ide Vouchers : No . 150 - 217 $ 124 , 932 . 28
General Outside Village Vouchers : No . 72 - 111 54 , 687 . 87
Highway Vouchers : No . 64 - 103 72 , 369 . 06
Water & Sewer Vouchers : No . 65 - 97 422 , 195 . 30
Lighting District Vouchers : No . 7 - 9 11061 . 80
Capital Projects Vouchers : No . 8 - 13 11202 . 50
MOVED : Council-man Niklas
SECONDED : Councilwoman Valentino Carried Unanimously
DATED : April 1. 1 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No , 13c
Bolton Point Warrants
Resolution No . 84c
WHEREAS , the warrant with the following numbered listing of
vouchers for Bolton Point has been presented to the Town Board for
approval of payment ; and
WHEREAS , said warrant has been audited for payment by the Town
Board ; now therefore be it
RESOLVED , that the Town Board does hereby authorize the
payment of said vouchers as numbered and listed on the warrant .
Operating Fund Vouchers : No . 201 - 278 $ 129 , 626 . 01
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 13d
Financial Report - December 1993
Resolution No . 84d
WHEREAS , the Assistant Budget Officer has presented the
Financial Report of the Town of Ithaca for the month ending
December 31 , 1993 to the Town Board for their review and approval ;
and
WHEREAS , the Town Board has discussed and reviewed the said
report ; now therefore be it
RESOLVED ; the Town Board does hereby adopt the said report as
the official Financial Report for the month indicated .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 1. 1 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 13e
Annual Financial Report
Resolution No . 84e
WHEREAS , the Town Supervisor , Financial Officer has submitted
the 1993 Annual Financial Report including the Notes to Financial
Statements to the NYS Comptroller Office as required by Town Law ;
and
WHEREAS , the Town Board has discussed and reviewed the said
report ; and
WHEREAS , by Town Law the Town Clerk has advertised in the
legal newspaper the availability of the said Financial Report for
public review at her office ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby
ratifies the submission of the 1993 Annual Financial Report to the
NYS Comptroller Office as correctly reflecting the financial
activities of the Town of Ithaca for the year 1993 .
MOVED : Councilman Niklas
Carried unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 13f
Joint Youth Commission Appointment
Resolution No . 84f
WHEREAS , there exists a vacancy for a Town of Ithaca
Representative on the Joint Youth Commission ; and
WHEREAS , Rich and Nancy Armstrong , 14 Orchard Hill Road ,
Ithaca have expressed an interest in serving jointly as the Town ' s
representatives to the said Commission ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby
appoints Rich and Nancy Armstrong as Town of Ithaca Representatives
on the Joint Youth Commission for a joint term of office from April
11 , 1994 to December 31 , 1995 .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 1. 1 , 1994
.+ 121ttXxr., ,ti
Joan Lent Noteboom , Town Clerk
D
it
Town Board Meeting 4 / 11 / 94
Agenda Item No , 13g
Authorization to Hire Summer Help for the Highway Department
Resolution No . 84g
WHEREAS , it has been deemed necessary by the Highway
Superintendent to hire additional workers to augment the highway
work force ; and
WHEREAS , proper justification has been demonstrated to the
Town Board and it has been shown that the funds exist to cover the
additional expenses ; now therefore be it
RESOLVED , that on the recommendation of the Public Works
Committee the Town Board hereby authorizes the hiring of two summer
employees for a period to start no earlier than June 1 , 1994 , and
extend not later than September 30 , 1994 ,
MOVED : Council-man Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 1. 1 , 1994
'0AIA7 -1&tjxtw�
Joan Lent Noteboom , Town Clerk
i
Town Board Meeting 4/ 11 /94
Agenda Item No. 13h
Approval to Extend Engineering Civitas Student
Resolution No . 84h
WHEREAS , Jose Alvarez has worked in a satisfactory manner for the Town since
September 1993 through the Cornell University CIVITAS Program but has exhausted his
funding ; and
WHEREAS , Mr. Alvarez' s skills and experience would be applied to the Inlet Valley
Water and Sewer as built, and water modeling , network analysis , CYBERNET if his
employment were continued in the CIVITAS Extension Program through May 25 , 1994 ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve the extension
of Jose Alvarez through the Cornell CIVITAS Extension Program for $ 8 . 00 per hour at an
estimated 10 hours per week. Cost not to exceed $ 600 .00, charged equally to accounts
F8340. 4707 1-18120. 221 , and H8340. 221 . No benefits apply.
MOVED : Councilman Niklas
Carried unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , .1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No , 131
Records Management Disposition Listing
Resolution No . 841
WHEREAS , the Town of Ithaca has completed the inventory phase
of the Records Management Program as outlined by the State Archives
and Records Administration ( SARA ) ; and
WHEREAS , the Records Management Officer has determined that
the attached listing of outdated and duplicate copies of records
are eligible for disposition according to the Records Retention and
Disposition Schedule MU - 1 ; and
WHEREAS , the Supervisor , and Department Heads shall review and
approve disposition of said records before disposition ; now
therefore be it
RESOLVED , the Town Board does hereby authorize and direct the
Records Management Officer to dispose of the records as described
in the attached listing according to the procedure developed by
SARA .
MOVED : Council-man Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 1. 1 , 1994
Jo /n Lent Noteboom , Town Clerk
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Packing Slips for Highway 1980 6 Years 00
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FINAL
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DISPOSITION LIST 070
00Q H-
e
DUPLICATE COPIES OF PLANNING BOARD & TOWN BOARD MINUTES r.
ov
Central Office Area Boxes 2 / 12 / 94
Box B - 18 Box 3
( Box # 16 ) 1 CU . FT .
Copies of Planning Board Minutes from 1979 - 1985
Box B - 18 Box 2
( Box 425 ) 1 CU , FT .
Copies of Planning Board Minutes from 1970 - 1978
Box BF8
( Box # 3 ) 1 CU , FT .
Copies of Planning Board Minutes from 1970 - 1991
Box V - 38 1 / 4 CU . FT .
Copies of Planning Board Minutes from 1955 - 1969
Box # 6 3 / 4 CU . FT .
Copies of Town Board Minutes from 1988 - 1990
Conies of Misc . Deer Run Information
TOTAL 4 CU . FT .
Town Board Meeting 4 / 11 / 94
Agenda Item No . 13i
Records Management Disposition Listing
Resolution No .
WHEREAS , the Town of Ithaca has completed the inventory phase
of the Records; Management Program as outlined by the State Archives
and Records Administration ( SARA ) ; and
WHEREAS , the Records Management Officer has determined that
the attached listing of outdated and duplicate copies of records
are eligible for disposition according to the Records Retention and
Disposition Schedule MU - 1 ; and
WHEREAS , the Supervisor , and Department Heads shall review and
approve disposition of said records before disposition ; now
therefore be it
RESOLVED , the Town Board does hereby authorize and direct the
Records ManagE�ment Officer to dispose of the records as described
in the attached listing according to the procedure developed by
SARA .
MOVED :
SECONDED :
DATED : April 1. 1 , 1994
Joan Lent Noteboom , Town Clerk
I
i
Town Board Meeting 4 / 11 / 94
Agenda Item No . 14
Payment Election Expenses
Resolution No . 85
WHEREAS , Tompkins County has submitted invoices to the Town of
Ithaca for payment of its share of the direct election expenses for
the years 1992 and 1993 ; and
WHEREAS , the previous invoice for 1992 reflected indirect
charges for the operation of the Tompkins County Department of
Elections ; and
WHEREAS , the County removed those charges from the 1992
billing due to an opinion of the New York State Comptroller , 92 - 26
that there was no basis for allocation of indirect charges to the
Town ; and
WHEREAS , the Town Clerk has reviewed the charges on the
invoices for 1992 and 1993 and found the charges reflective of
actual direct election charges to the Town of Ithaca ; now therefore
be it
RESOLVED , the Town Board of the Town of Ithaca hereby approves
of and directs the Town Fiscal Officer to pay the amount of
$ 8783 . 25 for 1992 and $ 6620 . 49 for 1993 to Tompkins County for
direct election expenses for the Town , payment shall be made from
account A1450 . 403 ; and be it further
RESOLVED , the Town of Ithaca shall in future years pay the
direct election expenses upon receiving a Financial Report from
Tompkins County describing in detail the charges from each vendor ,
a listing by :municipality of the charges for each including the
County ' s share , and a formula calculation of how the County ' s and
each municipalities share was determined ; and be it further
RESOLVED , the Town Clerk and Assistant Budget Officer shall
each year review the Financial Report and invoice from Tompkins
County to ascE! rtain if the foregoing provisions for payment have
been met before= payment to Tompkins County shall be made ; and be it
further
RESOLVED , if in the future the opinion of the NYS Comptroller
regarding election expenses were to change in any way , payment of
said election expenses would be withheld until the Attorney for the
Town has reviewed the opinion and made a recommendation to the Town
Board .
MOVED : Councilman Niklas ATED : A ril 1 , 1994
SECONDED : Councilwoman Valentino
Carried Unanimously otoan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No , 15
1993 Budget Amendment
Resolution No . 86
WHEREAS , the auditing firm of Ciaschi , Dietershagan , Little ,
and Nickelson have recommended the reclassification of certain
expenditures ; and
WHEREAS , reclassification would cause those line items to go
over budget ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby ratify the amendment in General Fund Part - town to increase
B9901 . 900 Transfers , and decrease B7140 . 424 Parks Force Account by
$ 39 , 311 . 89 ; and in Capital Projects to increase H9901 . 900 Transfers
$ 20 , 580 . 00 , and decrease H8120 . 221 Inlet Valley Sewer $ 10 , 290 . 00
and decrease H8340 . 221 Inlet Valley Water $ 10 , 290 . 00 .
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilman Niklas
DATED : April .11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 18
Contract - Tompkins County , Operating Expenses
Transportation & Human Services
Resolution No . 87
WHEREAS , Tompkins County wishes to enter into a contract with
the Town of =F= thaca to assist the Town in partially covering its
operating expenses for transportation and human services ; and
WHEREAS , the Town Board and the Attorney for the Town have
reviewed the proposed contract and agree to the conditions and
terms of payment in said contract except for the indemnification
provisions ; now therefore be it
RESOLVED , the Town Supervisor is hereby authorized and
directed to execute and file the said contract with Tompkins County
upon modification of the contract in form and substance
satisfactory Ito the Town Supervisor and Attorney for the Town for
the Town removing the indemnification provisions ; and be it further
RESOLVED , the Town Supervisor is hereby authorized and
directed to sign and submit a voucher to Tompkins County in the
amount of $ 5 , 975 . 00 representing the first quarterly payment to the
Town .
MOVED : Councilman Conley
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : April 7. 1 , 1994
9XtP0%-)1
X* Ca.UcC
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 21
Agreement for the Expenditure of Highway Moneys
Resolution No . 88
WHEREAS , pursuant to the provisions of Section 284 of the
Highway Law the Town Board is required to enter into an agreement
with the Highway Superintendent outlining the expense of moneys
levied and collected in the Town for the repair and improvement of
highways , and. for moneys received from the State of New York for
State Aid for the repair and improvements of highways ; and
WHEREAS , the Town Board of the Town of Ithaca wishes to comply
with Town Law, and the requirements of the State of New York ; now
therefore be it
RESOLVED , that the Town Board does hereby approve and adopt
the attached " Agreement for the Expenditure of Highway Moneys " for
the year 1994 , as prepared by the Highway Superintendent and the
Public Works Committee ,
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilman Niklas
a,.
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
'r
i
i
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES
AGREEKENT between t ,ie Town Highway Superintendent of the Town of Ithaca , Totpkins County , New York and the
in dersigned tethers of the Town Board .
Pursuant to the prolusions of Section 284 of the Highway Law , we agree that Coneys levied and collected in
the Town for the repair and itprovetent of highways , and received frot the State for State Aid for the repair and
itprovetent of highways , shall be expended as follows :
1 . GENERAL REPAIRS . The out of $ 85 , 000 shall be set aside to be expended for priiary work and general repairs
of town highways , including sluices , culverts and bridges having a span of less than five feet and boardwalks
or the renewals thereof .
20 PERKANENT IKPROVEKENTS . The following Buis of $ 146 , 500 shall be set aside to be expended for the pertanent
itprovetent of town highways upon 1 . 34 tiles of Town Highway , including paving , guide rails , etc .
( a ) On LeGrand Court , caiaencing at Chase Fart and leading to end a distance of . 15 tile , there shall
be expended not over the But of $ 14 , 250 ;
( b ) On Teton Court , coiiencing at Whitetail Drive and leading to the end of road , a distance of . 17
tiles , there shall be expended not over the sun of $ 14 , 250 ;
( c ) On Blackstone , cottencing at Christopher Lane and leading to Haashaw Road , a distance of . 50 tiles ,
there shall tie expended not over the sat of $ 43 , 000 ;
( d ) On Hopkins Road , cottencinq at Bundy Road and leading to Hayts Road , a distance of . 52 tiles , there
shall be expended not over the But of $ 15 , 000o
ecuted in duplicate this 11th day of April , 1994 .
Supervisor Councilperson
Councilperson Councilperson
Councilperson Coancilperson
Councilperson Councilperson
County Highway Superintendent, Town Highway Superintendent
NOTE : This Agreetent should be signed in duplicate by a tajority of the tethers of the Town Board and by the Town
Superintendent . Both copies Rust be approved by the County Superintendent . One copy tact be filed in the Town
Clerk ' s office and. one in the County Superintendent ' s office . COPIES DO NOf HAVE fO B & _PILED IA ALBANY #
i
Town Board Meeting 4 / 11 / 94
Agenda Item No . 22
Highway Paving Schedule 1994
Resolution No . 89
WHEREAS , the Town of Ithaca Highway Superintendent and the
Public Works Committee have scheduled and defined the road
improvements to be completed in 1994 ; and
WHEREAS , the Town Board has authorized the expenditure of
Highway Fund, for the purpose of paving and repairing the Town
roads as defined on the attached listing of road repairs and
improvements ; now therefore be it
RESOLVED , that the roads indicated on the attached listing of
road repairs and improvements be completed according to the methods
described ; and be it further
RESOLVED , in the spirit of cooperation , to provide information
to Town residents , the Highway Superintendent is hereby directed to
follow the time schedule for the repairs and improvements of these
roads as closely as possible .
_ MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
J
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I 111
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Agenda Item
PROJECT ESTIMATES
Town Board Meeting , April 11 , 1994
Hot Mix Paving
Black Stone Avenue , 6 , 000 square yards ( soy . ) $ 439000
Type 3 Binder 900 tons
Type 6 Top 600 tons
Teton Court , 2 , 000 soy . $ 140250
Type 3 Binder 300 tons
Type 6 Top 200 tons
LeGrande Court , 2 , 000 soya $ 149250
Type 3 Binder 300 tons
Type 6 Top 200 tons
NOTE : These three streets have a solid base . They are presently
covered with oil and stone . We are paving them to bring them up to
present Town specifications and to preserve the solid base that is
under them .
Hopkins Road , 6 , 000 soy . $ 759000
A complete reconstruction project . This road , although not a
heavily traveled road , requires many hours of maintenance every
year . In the winter there is a drifting snow problem that has
existed . . We can address these problems providing good drainage
with a solid base that should then give us many years of service
with minimum maintenance .
TOTAL OF ALL PROJECTS $ 146 , 500
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r: ¢-.y4 �' `'G . < .r .. k'.. .r . . .fir e .�1; _?.P : rx.-. J._ ti .. "fp Ye:.^.. 0 - ::yt r ' s K ;- ^✓ N 7Y.,.i.`k,Na � rY ;A'`„ ..ids - 5 - r i ' n
�1�t.."Y'ta. :'vx_ . . _ . .. - .1 < x . . ._ - ,_. . . .--'. �. . ._• - -• . _. . : :y n :'. .z . '-. . - u-r ....,..i s - ..A' k � - u _ .h �' ....,As �P.R1`�_�'
Oil and Stone
Indian Creek Road Culver Road
Poole Road Evergreen Lane
Glenside Road
These roads are all on West Hill . It will be much more efficient
for us if we concentrate our efforts all in one area .
ROAD SURFACE MAINTENANCE
CRACKFILL
Salem Drive $ 3 . 093
Winston Drive 1 . 333
TOTAL OF ALL PROJECTS $ 49426
NOTE : We are going to slurry seal these two roads . They were
paved in 1984 with Hot Mix . They are holding up very well .
Filling the cracks will preserve the base . Slurry sealing then
will seal the surface and give them better skid resistance .
SLURRY SEAL
Seven Mile Drive $ 160250
Salem Drive 12 . 500
Winston , Drive 5 . 000
TOTAL OF ALL PROJECTS $ 339750
NOTE : We talked about Salem Drive and Winston Drive previously .
Seven Mile Drive was crack filled last year . This year we will
shim the road where needed then slurry seal it . The base is
stable . When the planned development nears completion , we will
pave it .
We had an especially wet spring last year ( 1993 ) which put a lot of
moisture in our road base . This winter we had extended periods of
extremely cold weather . The two conditions have had an immense
impact on our roads . When the frost comes out of the ground and
our roads settle down , our priorities for surface treatment may
change .
I have reserved some of the monies from permanent improvements in
the eventuality that we can do Judd Falls Road or if with
previously mentioned conditions one of our roads start to fall
apart . At that'. time . we can bring another Expenditure Agreement to
the Town Board .
I ^�
i
{
Town Board Meeting 4 / 11 / 94
Agenda Item No , 23
Rental of Street Sweeper
Resolution No , 90
WHEREAS , a sweeper is needed to clean out catch basins and
clean roads for paving ; now therefore be it
RESOLVED , that on the recommendation of the Public Works
Committee , the Town Board of the Town of Ithaca hereby approves
that the Town rent from Roberts Equipment a sweeper for two ( 2 )
weeks at a cost of $ 2 , 500 per week . The monies for this rental
will be taken from the DB5110 . 451 account .
MOVED : Councilwoman Valentino
SECONDED : CoLLncilman Niklas Carried Unanimously
DATED : April 11 , 1994
Joan ent Noteboom , Town Clerk
�A
Town Board Meeting 4/ 11 /94
Agenda Item No . 24
Abandonment Unopened Portion Orchard Street
Resolution No . 91
BE IT RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor with the assistance of the Attorney for the Town to negotiate a possible
conveyance in the Town ' s interest in the strip of land on Orchard Street to the adjoining
landowners in exchange for their conveyance of an easement to the Town for drainage
purposes across said strip of land subject to a permissive referendum and other legal
requirements.
MOVED : Councilman Conley
SECONDED : Councilwoman Harrison
DATED : April 11 , 1994
Qlc� LA r
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4/ 11 /94
Agenda Item No. 24
Public Hearing - Abandonment Unopened Portion Orchard Street
Resolution No . 92
BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a
Public Hearing to be held at 7 : 30 p. m . , May 9 , 1994 at the regular meeting of the Town
Board in order to consider the conveyance of the Town ' s interest in a strip of land on
Orchard Street to the adjoining landowners in exchange for their conveyance of an easement
to the Town for drainage purposes across said strip of land .
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
juCe.,V.
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4/ 11 /94
Agenda Item No . 25
Acceptance of Location of Proposed Roads , Public Utilities, and
Public Park Dedication , Saponi Meadows Subdivision
Resolution No . 93
WHEREAS , the Town Planning Board , on March 1 , 1994, granted Preliminary
Subdivision Approval for Lot Nos. 1 through 32 of the proposed " Saponi Meadows "
subdivision , proposed to be 53 lots total , and including approximately 4, 800 ft. of proposed
public roads, an 814 +/- acre public park and open space dedication , and public water and
sewer facilities , located on Town of Ithaca Tax Parcel No . 33 - 3 - 1 . 2 , 80 +/- acres total , on the
east side of Seven Mile Drive approximately 700 ft. south of Bostwick Road ; and
WHEREAS , the subdivider has offered to dedicate to the Town of Ithaca approximately
4, 800 ft. of proposed public roads , and 8 .4 +/- acre public park and open space dedication ,
and public water and sewer facilities ; and
WHEREAS , Article IV , Section 21 of the Town Subdivision Regulations requires that no
dedication proposed by the subdivider for an easement of a highway or other public use shall
be shown of a (final ) plat unless accepted by the Town Board ; and
WHEREAS , the Town Board , on April 11 , 1994, has reviewed the location of the
proposed public roads, the approximately 8 .4 +/- acre public park and open space dedication ,
and public water and sewer facilities ; now therefore be it
RESOLVED , that the Town of Ithaca Town Board hereby accepts the locations of the
proposed aforementioned public facilities , subject to compliance by the subdivider with all
conditions and requirements that have been or may be imposed by the Planning Board as part
of further project consideration .
MOVED : Councilman Niklas
Carried unanimously .
SECONDED : Councilwoman Grigorov
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4/ 11 /94
Agenda Item No . 26
Acceptance of Location of Proposed Roads , Public Utilities,
and Public Park Dedication , Glendale Farm Subdivision
Resolution No . 94
WHEREAS , the Town Planning Board , on March 1 , 1994, granted Preliminary
Subdivision Approval for the proposed subdivision of those portions of Town of Ithaca Tax
Parcels No . 31 -4- 1 , 31 - 5 - 1 , and 31 -6- 1 . 2 shown on the subdivision plat entitled " Preliminary
Plat, Glendale Farm Subdivision , Ephraim Tomlinson 11I , Bostwick Road , Culver Road, and
Seven Mile Drive, Town of Ithaca, Tompkins County , NY " and dated January 25 , 1994, into
21 lots, and including dedication of 8 . 3 +/- acres for public park and open space purposes , an
extension of public sewer, and a 60 ft. by 430 ft. strip of land for future public road purposes ;
and
WHEREAS , the subdivider has offered to dedicate to the Town of Ithaca approximately
8 . 3 +/- acres for public park and open space purposes, and a 60 ft. by 430 ft. strip of land for
future public road purposes, and public water and sewer facilities ; and
WHEREAS , Article IV , Section 21 of the Town Subdivision Regulations requires that no
dedication proposed by the subdivider for an easement of a highway or other public use shall
be shown of a (final ) plat unless accepted by the Town Board ; and
WHEREAS , the Town Board , on April 11 , 1994 , has reviewed the location of the
proposed strip of land for a future public road , the approximately 8 . 3 +/- acre public park and
open space dedication , and public water and sewer facilities ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the locations of
the proposed aforementioned public facilities , subject to compliance by the subdivider will all
conditions and requirements that have been or may be imposed by the Planning Board as part
of further project consideration .
MOVED : Councilman Niklas
Carried unanimously
SECONDED : Councilman Conley
DATED : April 11 , 1994
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No . 27
Public Hearing Date - Local Law Reimbursement Moving Expenses
New Out of Town Employees
Resolution No . 95
BE IT RESOLVED , the Town Clerk is hereby authorized and
directed to advertise for a Public Hearing to be held at the next
regular meeting of the Town Board on May 9 , 1994 at 7 : 00 p . m . in
order that the Town Board may consider the enactment of a , " LOCAL
LAW AUTHORIZING THE PAYMENT OF RELOCATION EXPENSES FOR NEW TOWN
EMPLOYEES "
AMENDMENT : and , BE IT FURTHER RESOLVED , items B . , C . , and D . of
the draft Local Law be deleted from the final version of the
proposed Local Law .
Motion
MOVED : Councilman Niklas Roll Call Vote
SECONDED : Councilwoman Grigorov Supervisor Whitcomb Nay
Councilwoman Valentino Aye
Amendment Councilman Niklas Aye
Councilman Klein Nay
MOVED : Councilman Niklas Councilwoman Grigorov Aye
SECONDED : Councilwoman Grigorov Councilwoman Harrison Aye
Councilman Conley Nay
Motion with amendment carried .
Joan Lent Noteboom , Town Clerk
i
r
TOWN OF ITHACA
LOCAL LAW NO . FOR THE YEAR 1994
A LOCAL LAW AUTHORIZING THE PAYMENT OF RELOCATION EXPENSES FOR
NEW TOWN EMPLOYEES
Be it enacted by the Town Board of the Town of Ithaca as follows .
Section 1 . This law is enacted pursuant to Section 10( 1 ) (ii) (a) ( 1) of the Municipal Home
Rule Law of the State of New York.
Section 2 . At the option of the Town Board of the Town of Ithaca , the Town of Ithaca
may reimburse newly hired employees for all or a part of the expenses such employee may incur
in relocating to the Town of Ithaca . Such relocation expenses may include, but are not
necessarily limited to :
(a) Reasonable expenses incurred in moving furniture, normal household goods and
personal belongings to the new location ; the employee must obtain three (3) estimates and the
selection of the carrier is to be coordinated with the Town of Ithaca' s personnel department.
Reasonable expenses while home-hunting , including no more than two trips to the
Ithaca area 'with the employee' s spouse or one other significant person who lives with the
employee.
Reasonable and customary closing costs incurred in buying a new home .
Reasonable temporary living expenses incurred while awaiting occupancy in the
employee' s new quarters .
(e) Incidental expenses such as meals , gasoline and other travel expenses related to the
move.
Section 3 . The maximum amount to be reimbursed in total , and/or the maximum amount
for any specific item , may be determined by the Town Board prior to or concurrently with the
making of an offer of employment to the prospective employee .
Section 4 . The payment of relocation expenses as authorized herein may be made subject
to such conditions as the Town Board may impose. Such conditions include bit are not
necessarily limited to :
(a) A requirement that the relocation expenses be paid back to the Town in the event
employment with the Town is terminated by the employee prior to the expiration of a specified
period , which period shall in no event exceed 36 months from commencement of work with the
Town . Such reimbursement condition may require that all of the relocation expenses be paid
1
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relocexp. 11 W 51 Uth U ocallaw, , 04108194 3:10pm
back or only a portion , pro-rated according to the length of time of the specified period that the
employee is an employee of the Town of Ithaca .
(b) A requirement that all or a portion of the relocation payments be returned to the
Town in the event the employee' s employment with the Town is terminated by the Town for
cause during a specified period , not in excess of 36 months following initial employment by the
Town .
(c) A requirement that the relocation occur within a specified time of the hiring of the
employee.
Section 5 . Payment of relocation expenses shall be made upon submission of vouchers .
and other documentation reasonably required by the Town in order to substantiate the expenses
for which reimbursement is sought.
Section 6 . An employee receiving relocation expenses pursuant to this local law shall
be fully responsible for any income taxes that may be payable with respect to such relocation
expenses , and the Town may withhold any amounts required by any applicable tax laws , federal
or state , that relate to or require such withholding of payments of such nature.
Section 7 . In the event any provision of this local law is declared invalid by a court of
competent jurisdiction , the validity of the remaining portions shall not be affected by such
declaration of invalidity .
Section 8 . This local law shall take effect immediately upon filing with the Secretary of
State.
2
I
Town Board Meeting 4/ 11 /94
Agenda Item No . 28
Paid Meal Time
Resolution No . 96
WHEREAS , employees working extended hours are sometimes forced to purchase meals
without advance notice ; and
WHEREAS , the Personnel Committee has considered this situation and feels the cost of
these meals represents a hardship to employees ; now therefore be it
RESOLVED , ehe Town Board of the Town of Ithaca does hereby approve paying hourly
employees working; extended hours through meal periods when approved by the appropriate
Department Head .
MOVED : Councilwoman Grigorov
Carried unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
a01k ) - Cmt
Joan Lent Noteboom , Town Clerk
j
Town Board Meeting 4/ 11 /94
Agenda Item No. 30
Acceptance of Location Proposed Public Water Line Easement and
Conservation Easement - Little 's Farm Subdivision
Resolution No. 97
WHEREAS :
1 , The Town Planning Board , on April 5 , 1994 , granted Preliminary and Final
Subdivision Approval for Town of Ithaca Tax Parcel No . 45 -2- 14. 2 , 42 +/- acres in
size, into six parcels ranging in size from 0.75 +/- acre to 23 . 44 +/- acres , located
backlot of Ridgecrest, East King , and Troy Roads , Residence Districts R - 15 and R- 30,
and
2 . The subdivider has offered to dedicate to the Town of Ithaca an easement for a public
water main approximately 1 ,450 ft. in length , a conservation easement covering 8 . 5 +/-
acres at the northerly end of Parcel A and to contribute $ 1 ,000 to a Town park fund
for maintenance and/or development purposes, and
3 . Article IV , ,Section 21 of the Town Subdivision Regulations requires that no dedication
proposed by the subdivider for an easement of a highway or other public use shall be
shown on a (final) plat unless accepted by the Town Board , and
i 4. The Town Board , on April 11 , 1994, has reviewed the location of the proposed
easement for a public water main and the 8 . 5 +/- acres at the northerly end of Parcel
A proposed for protection through a conservation easement.
NOW, THEREFORE, BE IT RESOLVED :
That the Town of Ithaca Town Board hereby accepts the locations of the proposed
aforementioned public facilities and conservation easement, subject to compliance by
the subdivider with all conditions and requirements that have been or may be imposed
by the Planning Board as part of further project consideration, AMENDMENT. and
fitrther, as to the conservation easement, negotiation of the terms of the easement by
the Town Supervisor and Town Attorney, with the final easement to be approved by
the Town Board at the Town Board meeting of May 9, 1994.
Motion Amendment
MOVED : Councilman Niklas MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino SECONDED : Councilwoman Valentino
DATED : April 11 , 1994 Motion with amendments, carried unanimously.
9—A
Joan Lent Noteboom , Town Clerk
Town Board Meeting 4 / 11 / 94
Agenda Item No , 32
Advertisement for Bids
Replacement / Repairs Sanitary Sewermains
Resolution No . 98
WHEREAS , the Town Engineer has prepared bid specifications for
the replacement and repairs of sanitary sewermains on South Hill in
the Town of Ithaca ; and
WHEREAS , the Town Board of the Town of Ithaca discussed and
approved the replacement and repairs of these sanitary sewermains ;
now therefore be it
RESOLVED , the Town Clerk is hereby authorized and directed to
advertise for bids for the Sanitary Sewermain Replacement , South
Hill according to the conditions of the advertisement prepared by
the Town Engineer .
MOVED : Councilman Niklas
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : April 11 , 1994
1v -n. �
Joan Lent Noteboom , Town Clerk
'i
Town Board Meeting 4/ 11 /94
Agenda Item No . 33
Temporary Certificate of Occupancy - Cornell University , Reis Tennis Center
Resolution No . 99
WHEREAS , Cornell University has requested a waiver of the fee for a Temporary
Certificate of Occupancy for the Reis Tennis Center because items left to be finished are
unrelated to building occupancy ; and
WHEREAS , the Town Board has reviewed and discussed the request with the Town of
Ithaca Building Inspector/Zoning Officer; and
WHEREAS , the Temporary Certificate of Occupancy fees have been set and outlined in
Local Law #5/ 1990 : and
WHEREAS , the Town Board feels that waiving the TCO fees for the Reis Tennis Center
would be inconsistent with Town procedures and policies ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby denies the request by
Cornell University waiving the TCO fee for the Reis Tennis Center.
MOVED : Councilman Niklas Supervisor Whitcomb Aye
Councilwoman Valentino Aye
SECONDED : Councilwoman Harrison Councilman Niklas Aye
Councilman Klein Aye
DATED : April 11 , 1. 994 Councilwoman Grigorov Nay
Councilwoman Harrison Aye
Councilman Conley Aye
Motion Carried
Joan Lent Noteboom , Town Clerk
I
Town Board Meeting 4/ 11 /94
Agenda Item No . 35
1xecutive Session - Extension of Employment Probation
Resolution No . 100
BE IT RESOLVED , that the Town Board hereby authorizes the extension of the
employment probationary period for an additional ninety (90) days for the employee discussed
during executive session .
MOVED : Councilman Niklas Supervisor Whitcomb Aye
Councilwoman Valentino Aye
SECONDED : Councilwoman Valentino Councilman Niklas Aye
Councilman Klein Aye
DATED : April 11 , 1994 Councilwoman Grigorov Aye
Councilwoman Harrison Aye
Councilman Conley Nay
Motion Carried
Joan Lent Noteboom , Town Clerk
s
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I
Town Board Meeting 4 / 11 / 94
Agenda Item No . Additional 1
Planning Board Member Appointment
Resolution No . 101
WHEREAS , a vacancy exists on the Town of Ithaca Planning Board
due to the e ."Lection of Carolyn Grigorov to the Town Board ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby appoints
Gregory Bell , 113 Penny Lane , Ithaca , New York to fill the
unexpired term of Carolyn Grigorov for a term of office effective
immediately upon adoption of this resolution through December 31 ,
1997 .
MOVED : Councilwoman Harrison
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : April .1_ 1 , 1994
0 , b �
Joan Lent Noteboom , Town Clerk
APR I 110 q / iili
/ / : 30 am i
TOWN OF ITHACA
April 9 , 1994
139 Pine Tree Road
Ithaca , Ny 14850
To the Town Board of the Town of Ithaca:
I am unable to attend the public hearing April 11 , 1994 on the local law opting a four year
term for the Town of Ithaca Supervisor . I would appreciate these comments being included in the
record of that hearing.
Members of the County Board of Representatives , Ithaca City Council and all Town Board members
serve four year terms. While the term of Town Supervisor traditionally has been a two year
term , the option for a four year term has been available in New York State for a number of years
and has been enacted by a number of towns , including several in Tompkins County.
I support this chancre for the Town of Ithaca.
Two years is not an adequate period for a supervisor to implement programs that reflect the
priorities he/she has presented in an election campaign and does not provide voters with an
adequate record to judge the performance of a supervisor . While a two year term may seem to
make the Supervisor more accountable , a four year period provides the time for a more
deliberative process and establishes an atmosphere that encourages full community involvement ,
giving Town residents more real influence in the affairs of the Town , rather than less.
The Supervisor is chief fiscal officer of the Town and should be involved in multi -year budget
projections and planning in order to insure a stable tax rate and efficient fiscal management. A
two year Supervisor comes in with a budget inherited from his/ her predecessor and has little
opportunity to develop a coherent system in what amounts to one budget year .
Seven Department heads report directly to the Ithaca Town Supervisor . A four year term would
provide consistency in administration and personnel management and enhance morale and
productivity,
The position of Town Supervisor is part- time. The time spent in biennial campaigns is all out of
proportion to the total amount of time that can be dedicated to the job . Additionally , even town
campaigns are costly. One single town - wide mailing runs well over one thousand dollars.
Campaigns every four years , rather than two , would permit and encourage a wider participation in
Town government.
The possibility of a four year term for Ithaca Town Supervisor was discussed even before my
terms as Supervisor. It always seems difficult for an incumbent Supervisor to promote the
change. This is why , as I left office , I made the recommendation to the Town Board that they
proceed with the term change. However it is important to emphasize that if the Town Board enacts
the local law on April 11 , 1994 , the local law will be subject to a mandatory referendum ,
appearing on the ballot in November 1994. If approved by the voters , the 1995 candidates for
Supervisor will run for a four year term , beginning January 1996 . The issue does not influence
the term of the prE.sent Supervisor , who was elected in 1993 for a two year term ,
I urge the Town Board to enact this local law and provide voters in the Town of Ithaca am
opportunity in November to make the final decision on this matter .
Sincerely ,
ji it icy
A. ria Cns1Cerger
TOWN OF ITHACA
TOWN ENGINEER ' S REPORT TO THE TOWN BOARD
APRIL 11 , 1994
ADMINISTRATION
Development Review
The Town Engineer has been providing development review
services for the following projects :
i . Little ' s Farm Subdivision
2 . Saponi Meadows Subdivision
3 . Glendale Farm Subdivision
4 . The C . U . Precinct 7 SLUD environmental review
5 . Chase Farm Phase II proposal reviews
Procedures for evaluation of critical review issues and
compliance enforcement are being updated .
The wetlands issue on the Chase Farm Phase II project
area has resulted in major changes to the concept plan
which received preliminary subdivision approval by the
Planning Board in 1989 . Consideration of a
modification of conditions by the planning board and
town board may be required .
MP0 and Transportation
The Town Engineer is continuing to participate as a
member of the MPO Planning Committee . The primary task
currently in process is the development of the Long
Range Plan , which is currently receiving input through
the Transportation Task Team process . The Town
Engineer is the liason to the Infrastructure Task Team ,
and George Frantz , Assistant Town Planner , is liason to
the Bicycle Task Team ,
Records Mamagement
The engineering staff has been working diligently to
Index the large collection of maps and drawings on file
In the planning and engineering department files . The
student interns have been assisting with the
development of a map file database using Lotus 123
-- which allows--- a quick-- cross - - referencing-- method .
Completion of the basic indexing is anticipated shortly
and sorting of maps for archiving will begin soon .
Geographic Information System
Planning for the development of a GIS which will be a
very prowerful tool for planning and engineering in the
Town of Ithaca is currently underway . The base mapping
project with NYSEG , the County , The City and the Town
is basically complete with discussions of the database
management assures continuing . A proposal for purchase
of budgeted hardware and software to utilize this
resource is currently being developed .
PUBLIC WORKS
Transportation
The Forest Home Bridge Project has been approved for
ISTEA funding as an enhancement project based on the
historic significance of the structure . The design
team will meet again after the review of the NYS
historic preservation agency .
The MPO has included a Northeast Corrider study in the
5 year TIP , and the study is scheduled for funding in
1995 . The purpose of this program will be to develop
an integrated solution for the transportation system
and traffic problems in the Northeast area .
Water
Water design project planning is continuing on the long
term projects including the East Hill Tank project
which is being proposed as a joint SCLIWC project . A
draft agreement for this is being prepared by the
commission and will be forwarded to the Town Board in
May or June .
The development of an East Shore Dr . transmission main
to feed water directly from the Bolton Point clear well
Into the grid now fed by the City gravity system is in
the preliminary planning stage .
A proposal to bring water to the east end of Troy Road
through the Little ' s subdivision is being developed .
This would serve an area in which the residents have
had significant well problems . The project is being
considered along with a request from the Coddington
Road Community Center for a watermain extension to the
center .
A third area which is being considered for an
-
imFrovement -is the- south- end --of Danby Road which- - would
benefit from a pressure enhancement protect . Several
of these projects are being considered for bundeling
Into a single package for bonding purposes .
Sewer
A bid package for the replacement of a portion of the
Danby Road sewer and a section of the Coddington Road
sewer , both of which have capacity and maintenance
problems , has been completed and board authorization to
bid the protect is being requested .
A request for a sewer extension ( infill ) project for
Westhaven Road is being considered for inclusion as an
element of a possible capital bonding program .
Repair of the Sapsucker Woods sewer manholes will
commence when conditions allow .
PLANNING: DEPARTMENT
Subdivision Review
Subdivision activity has picked up somewhat with the
following projects coming before the Planning Board :
1 . Little ' s Farm Subdivision
2 . Saponi Meadows Subdivision
3 . Glendale Farm Subdivision
4 . The C . U . Precinct 7 SLUD environmental review
5 . Chase Farm Phase II proposal reviews
60 Sanctuary Woods
The Cornell GEIS has been the major area of
concentration for the past several months and is
reaching a point of conclusion . It is anticipated that
the SLUD will be brought to the Town Board in July .
B : ERPT9404
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TOWN OF ITHACA HIGHWAY SUPERINTENDENT ' S BOARD REPORT , MARCH 1994
TOWN OF ITHACA BOARD MEETING , APRIL 11 , 1994
During March , the Highway crews spent 885 . 5 hours working on snow
removal with 269 . 5 of those hours as overtime . Almost 300 tons of
salt was used during March .
The Highway Department has received repeated requests from elderly
and disabled people to see if we could plow their driveway . They
usually call because they feel they can not afford a private
contractor . We contacted a number of volunteer organizations to
see if we could refer these people to some agency , and this is what
we have come up with so far . The Ithaca Youth Bureau ( 273 - 8364 )
will do snow removal . They do charge a fee but also have some
volunteers . 'We are not sure of the fee . We can also refer older
residents to the Tompkins County Office for the Aging at ( 274 - 5482 )
but should contact the Ithaca Youth Bureau first .
During March the Highway Crews worked 932 hours on General Repairs
with 13 of those hours being overtime . Some of the general repairs
included : cold patching the roads ; miscellaneous repairs in and
around the Highway Barns , etc . The extremely cold winter has been
hard on the roads and they are in need of patching ( the pot holes ) .
So far , we have been keeping up with them until the hot mix plant
opens and we (man effect a more permanent repair .
We had spot flooding in March , but we did not have the flooding
problems we were expecting with the extremely large snow pack .
Other projects worked on this month include : Machinery repairs - -
which took a total of 127 . 25 hours ; preparing for brush and leaf
pick - up ( 24 hours of time ) , continued work on building a trailer
for the Engineering Department ( 30 hours ) , which is completed ; and
work on water main breaks for 190 . 5 hours . 97 . 5 of those hours
were spent on overtime .
Along with brush and leaf pick - up which starts on April 18 , 1994 ,
the - following projects will be worked one
16 Preparations for paving .
2 . Lawn restorations .
3 . Road sweeping .
4 . Continued water and sewer maintenance .
5 . Finishing touches to South Hill Trail ,
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PARK AND OPEN SPACE MANAGER ' S REPORT , MARCH 1994
TOWN BOARD MEETING , APRIL 11 , 1994
1 . Parks staff spent a total of 215 hours on snow removal for the
month of March as the pattern of above average snowfall
continued for the first three weeks .
2 . Various workshop construction projects occupied 82 hours . A
push was made to complete these indoor projects before a break
in the weather allows us to begin spring clean - ups at all park
and open space sites .
3 . Routine maintenance tasks , safety training seminars , and
project planning required a balance of 275 hours for the
month . In addition , Jerry Stronsider completed his pesticide
applicator certification training to obtain his applicator ' s
license . All three Parks employees are now certified .
April Parks Projects
1 . Complete workshop projects .
2 . Finish blltebird nesting box cleaning and maintenance . Inct ? 11
newly constructed boxes at South Hill Trial which will bring
our total number at all sites to 70 boxes .
3 . Interview and hire new Parks Grounds Assistant prior to yard
waste pickup .
4 . Spring yard waste collection : April 18 through 29 , or until
finished .
5 . Begin construction -of the Crescent Place ramp on South Hill
Trail , order seed for revegetating the entire trail , continue
fence and sign installations , and perform other required work
as weather allows .
6 . Spring clean - ups at all parks , trails , and open space sites in
preparation for mowing season to begin on or about May 1 ,
19948