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HomeMy WebLinkAboutTB Minutes 1993-04-12 • INDEX .TOWN BOARD RESOLUTIONS APRIL 12 , 1993 TOWN BOARD MEETING RESOLUTION # DESCRIPTION OF RESOLUTION - # 77 Appreciation of Highway Personnel # 78 Kendall Ave Status - Town Road # 79 Troy Road Water # 80 SEQR - LL Amendment Zoning Ordinance on Modification of Single Family Homes # 81 LL - Amendment To ZO on Modification of Single Family Homes # 82 SEQR - LL Amending LL # 4 - 1079 # 83 LL Amending LL # 4 - 1979 # 84 SEQR - LL Redesignation of Conservation Advisory Council as Conservation Board # 85 LL Redesignation of Conservation Advisory Council as Conservation Board # 86 Conservation Board Appointments # 87 Conveyance of Property Adjacent to Frandsen Subdivision # 88 Fire Commissioner Appointment # 89 Youth Recreation Purchase of Services Agreement # 90 Comprehensive Planning Grant # 91 Integrated Waste Systems Inc . - Landfill Proposal # 92 Government Access Video Bulletin - Appointment # 93 Interest & Penalty Charge Abatement - 1993 Property Tax Bill # 94 Rezoning 1251 Trumansburg Road # 95 Appointment to Agriculture Committee # 96 Approval of Drug & Alcohol Policy and Related Employee Assistance Program Statement # 97 Approval of Amended Driving Record Section of Personnel Manual # 98 Burns Road Spur Renaming # 99 Order Establishing the Coddington Road Lighting District # 100 Forest Home - Scenic Road # 101 Reappointment Ethics Board # 102 Water & Sewer Unit Refund # 103 Appointment to Tompkins County Youth Bureau Board # 104 Workers Memorial Day # 105 Grant Application - Preservation League of New York State and the New York State Council on the Arts # 106 Tompkins County Circuit Rider Planner # 107 Ratification of Janice Smith - Temporary Part - Time Highway Secretary # 108 Records Management Disposition Listing # 109 Town Board Meeting Minutes 3 / 8 / 93 # 110 Special Town Board Meeting Minutes - 3 / 11 / 93 # 111 Town of Ithaca Warrants CONT ' D INDEX O TOWN - BOARD RESOLUTIONS APRIL 12 , 1993 TOWN BOARD MEETING RESOLUTION # DESCRIPTION OF RESOLUTION # 112 Bolton Point Warrants # 113 Executive Session - Shickel Water District # 114 Ratification of Representative to Intermunicipal Youth Commission # 115 Approval of Payment for Window Installation # 116 1992 Budget Amendment # 117 Reschedule Leaf and Brush Pick - Up # 118 Special Town Board Meeting Date • Town Board Meeting 4 / 12 / 93 AGENDA 5 : 30 p . m . 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Town Officials a . Town Supervisor b . Town Engineer c . Town Highway Superintendent d . Town Building Inspector / Zoning Officer e . Town Planner f . Receiver of Taxes 4 . Report of Town Committees 5 . Report of Tompkins County Board of Representatives 6 . PERSONS TO BE HEARD 7 . 7 : 00 p . m . - Consider petition for Town water service on Troy Road , south of King Road , to the Danby line . 8 . PUBLIC HEARING , 7 : 15 p . m . - To consider a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " . 9 . Consider SEQR related to a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " . 10 . Consider adoption of a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " . 119 PUBLIC ]HEARING , 7 : 30 p . m . - To consider a " LOCAL LAW TO AMEND LOCAL LAW NO . 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " . 12 . Consider SEQR related to a " LOCAL LAW TO AMEND LOCAL LAW NO , 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " . TB Mtg . 4 / 12 / 93 Agenda Page . 2 13 . Consider adoption of a " LOCAL LAW TO AMEND LOCAL LAW NO . 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " . 14 . PUBLIC HEARING , 7 : 45 P . M . - To consider a " LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " . 15 . Consider SEQR related to a " LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " . 16 . Consider adoption of a " LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " . 17 . PUBLIC HEARING , 8 : 00 P . M . - To consider Resolution Authorizing Conveyance of Property Adjacent to the Frandsen Subdivision in the Town of Ithaca . 18 . Consider SEQR related to a Resolution Authorizing Conveyance of Property Adjacent to the Frandsen Subdivision in the Town of Ithaca . 19 . Consider adoption of a Resolution Authorizing Conveyance of Property Adjacent to the Frandsen Subdivision in the Town of Ithaca . 20 . Consider appointment of Fire Commissioner . 21 . Consider authorization for Supervisor to sign Youth Recreation Purchase of Services Agreement with City of Ithaca . 22 . Consider ratification of Planning Department application for Comprehensive Plan SEQR Grant . 23 . Consider Integrated Waste Systems Incorporated proposal of potential site for landfill . 24 . Consider appointment and designation of authority for the Town of Ithaca ' s representative to the Government Access Video Bulletin . 25 . Consider abatement of interest and penalty charges on Tax Bill # 3650 , Catherine Shanahan . 26 . Consider rezoning of 1251 Trumansburg Road . TB Mtge 4 / 12 / 93 Agenda Page , 3 27 . Consider appointment to fill vacancy on Town of Ithaca Agriculture Committee . 28 . Consider approval of the Town of Ithaca ' s Drug and Alcohol Policy . 29 . Consider approval of the amended driving record statement in the Personnel Manual , 30 . Consider approval of Town of Ithaca Investment Policy , 31 . Consider approval of renaming the spur on Old Burns Road . 32 . Consider Final Order Establishing Coddington Road Lighting District , 33 . Discuss payment In Lieu of Taxes , penalties and interest . 34 . Consider resolutions adopted by Conservation Advisory Council , 35 . Consider reappointment of Robert Aronson to the Town of Ithaca Ethics Board . 36 . Consider petition of Adolfy Hoisie concerning water and sewer units charged on tax bills . 37 . Consider appointment of representative to the Tompkins County Youth Bureau Board , 38 . Consider proclamation establishing April 28 , as Workers Memorial Day . 39 . Consider authorization to apply for a grant from the Preservation League of New York State and the New York State Council on the Arts for partial funding of archaeological survey in Inlet Valley , 40 . Consider authorization for contractual agreement with Tompkins County for Circuit Rider Planner . 41 . Consider ratification of Janice Smith as temporary part time Highway Department Secretary , 42 . Consider Records Management Disposition Listing . TB Mtg . 4 / 12 / 93 Agenda Page 4 . 43 . Consider lease / purchase arrangement for street sweeper . 44 . Consider approval of March 8 , 1993 , Town Board Meeting Minutes . 45 . Consider approval of March 11 , 1993 , Town Board Meeting Minutes . 46 . TOWN OF ITHACA WARRANTS 47 . BOLTON POINT WARRANTS 48 . EXECUTIVE SESSION 49 . ADJOURNMENT I I Town Board Meeting 4 / 12 / 93 5 : 30 p . m . Additional Agenda Items 1 . Consider ratification of appointment of Town of Ithaca Representative to the Intermunicipal Youth Commission . 2 . Consider approval of Interviewing Committee to fill vacancy on Planning Board . 3 . Consider approval for prepayment of windows at Highway Barns . 4 . Consider 1992 Budget Amendment . 5 . Consider rescheduling Spring Brush and Leaf Pick - up . 6 . Consider setting a date for a Special Town Board Meeting to take from the table the rezoning of 237 Coddington Road . Town of Ithaca Town Board Meeting Minutes April 12 , 1993 At the regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York there were present : PRESENT : Shirley A . Raffensperger , Supervisor John Whitcomb , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman Frank Liguori , Councilman Patricia Leary , Councilwoman David Klein , Councilman ALSO PRESENT : John Barney , Town Attorney Joan Lent Hamilton , Town Clerk / Receiver of Taxes Daniel Walker , P . E . ; Town Engineer Scott McConnell , Highway Superintendent Floyd Forman , Town Planner Andrew Frost , Building / Zoning Officer Sally Alario , Assistant Budget Officer Highway Department Employees Fred Noteboom Ken Maye Gene Redman Larry Salmi Donald Tenkate Jerry Strosnider Tim Eighmey MEMBERS OF THE PUBLIC ALSO PRESENT : Jim Hilker William Hilker Saskia Gunsche Michelle Steimle Amy Heistei. n Nancy Wilson Einar Holm Amy Hansen Peter Voorhees Noel Desch Anne Renwick Cheryl Smith Sung Smith James Smith Pat Cornell Phil Cornell Margaret Thomas Jacob Thomas Niels Otani Kate Hubbs Liz Colucci Peter Lepage Stephen Zinder Joanne Strike Bob Mooney Joseph Ciaschi Bruce Brittain Karen Baum Marci Yaremko Charlotte Bosworth Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance . Call to Order : The meeting was called to order by the Supervisor at 5 : 40 p . m . TB Minutes 4 / 12 / 93 Page 2 . Agenda Item No . 3 - Report of Town Officials a . Supervisor ' s Report - The Metropolitan Planning Organization ( MPO ) , the Ithaca - Tompkins Transportation Council , has appointed David Boyd as its new Director , as of April 5 . Mr . Boyd comes to this position from Lafayette , Louisiana where he was Director of the MPO , as well as of the statewide MPO Directors organization . Mr . Boyd has begun work on the required long range plan , due 12 / 31 / 94 , the public participation program and other MPO tasks . The Blizzard of 1993 , plus the subsequent rain has put a heavy burden on the Town Engineering and the Town Highway Department . The Board will address passing a resolution of appreciation for Highway employees at the end of the Highway Superintendent ' s report . The Board received copies of a letter that the Supervisor sent to the Chair of the County Board of Representatives , concerning negotiations between the County and the City of Ithaca regarding sales tax revenues . The basic elements of an arrangement have been agreed to and the additional monies to be paid to the City from the 4th cent of local sales tax revenues will be taken from the County share . The share to the Towns and Villages in Tompkins County will not be influenced by the County / City agreement . A meeting of the City Mayor , Town Supervisors , and Village Mayors to discuss sales tax matters has been called by the County for April 21 . The Supervisor will attend . There is one deletion from the agenda - # 30 . The auditors are reviewing the investment policy and its review by the Town Board is rescheduled for May 10 . There are several additions to the agenda : a 1992 budget transfer ; consideration of approval of rescheduling Spring brush and leaf pickup , and setting a special Town Board meeting to take from the table the rezoning of 237 Coddington Road . A public hearing on this matter was held March . 8 , 1993 . b . Town Engineer ' s Report - The Town Engineer stated that it has been a busy few weeks with water problems due to the weather . ( See attached written report . ) c . Highway Superintendent ' s Report - Mr . McConnell highlighted his monthly report by saying the Highway and Parks Departments primarily plowed snow . 1395 . 75 man hours were spent plowing snow , 664 . 25 of that was overtime , totals for materials and equipment are noted on the report . ( See attached report for additional items . ) The Supervisor noticed that there is an application for funding assistance from the Federal Emergency Management Agency to cover some of the costs of the Blizzard of 1993 . TB Minutes 4 / 12 / 93 Page 3 . Agenda Item No . 3 - Cont ' d Mr . McConnell stated there is potential to receive 75 % reimbursement of the costs for the five day period . That should be approximately $ 10 , 000 reimbursement for the Town . Councilwoman Valentino asked if the Town has heard anything concerning the CHIPS money for this year . Mr . McConnell responded that he has received a tentative listing which puts the CHIPS funds back to approximately the same level as 1991 , slightly under $ 40 , 000 . Right now it is 100 % funded , what it will do after that is not known . There has been no official confirmation of this . Supervisor Raffensperger presented the resolution of the certificate of appreciation to the Highway Department employees for their work during the Blizzard of 1993 . Motion made by Councilman Niklas , seconded by Councilman Liguori approving the certificate of appreciation to the Highway Employees for their work during the Blizzard of 1993 . Carried unanimously . d . Building Inspector / Zoning Officer ' s Report - Mr . Frost reported on his written report . ( See Attached ) . e . Town Planner ' s Report - Mr . Forman reported on his written report . ( See attached ) . f . Receiver of Taxes Report - Ms . Hamilton reported on her written report . ( See attached ) . Agenda Item No . 4 - Report of Town Committees No committee reports were made . Agenda Item No . 6 - Persons To Be Heard James Hilker , 255 Burns Road read a letter to the Board , ( see attached ) concerning his building lots and ownership of the road , Kendall Avenue . Supervisor Raffensperger asked Mr . Hilker if they were the same lots which Mr . Hilker ' s father came to the Town Board about in the late 1980 ' s ;? Mr . Hilker responded that they were the same lots . Supervisor Raffensperger said it was her recollection that there is a requirement that 50 % of the abutting landowners participate in the construction of the roads . TB Minutes 4 / 12 / 93 Page 4 . Agenda Item No . 6 - Cont ' d Mr . Hilker said he had read the minutes from that period and it did state that was true . What he is asking is not that the Town pave the road , but that the Town acknowledge it is a town road . Councilman Whitcomb asked how the acknowledgement of the road as a Town road would help Mr . Hilker ? Mr . Hilker stated it would make his lots having frontage on a town road . Presently he is not in variance with road frontage . The Town installing the water and sewer acknowledges that the Town owns the road . Councilman Niklas asked why Mr . Hilker did not send the letter before the meeting , when there wasn ' t such a matter of urgency ? Mr . Hilker said that the purchasers of the house and lot only signed the documents at the end of last week that they were ready to buy . They have to be out of their present home by July 1 . Mr . Hilker was not in a hurry until he received the firm commitment . Supervisor Raffensperger stated that the difficulty is that no one knows if Kendall Avenue is a town road . That would take legal searching . Mr . Hilker stated that the people who live along Kendall Avenue can not grant easements because no one owned it . But when the map was filed and the Town made the improvements it shows the Town acknowledges ownership , this was done prior to any policy of the Town . Building Officer , Andrew Frost stated he received a building permit application last week on this property. Mr . Frost needs one of two things to be able to issue the permit , find out what the status of the road is , or have Mr . Hilker go to the Zoning Board to seek a variance . It would be unnecessary for Mr . Hilker to seek a variance if it were a town road . Attorney Barney said there had been some discussions a few years ago with respect to the road and the discrepancies of surveys . It can be looked into . Councilman Niklas suggested that the Town Board authorize the Supervisor and the Town Attorney to look into the matter and contact Mr . Hilker as soon as the Town knows if this is a Town road . Attorney Barney stated that he felt a few years ago things were not resolved , but that he did not feel it was the Town ' s responsibility to follow up on it . TB Minutes 4 / 12 / 93 Page 5 . Agenda Item No . 6 - Cont ' d Mr . Hilker asked again why the Town cannot state that Kendall Avenue is a Town road ? Attorney Barney responded that if the Town acknowledges that Kendall Avenue is a Town road it may then pick up the responsibility of paving the road which it may not want without some agreement from the adjoining property owners that they will contribute to the cost of the paving . The legal effect of acknowledgement may be more than just a statement of ownership . Mr . Hilker asked if the Town does not acknowledge ownership of the road , then under what authority did they install the water and sewer through that land . Attorney Barney stated that at this time he does not know , but there may be authority . Supervisor Raffensperger mentioned that we do not have a deed to the road , it was looked for a few years ago . Mr . Hilker :stated that there is a deed for part of Kendall Avenue , but it does not help . There are many roads in the Town that are assumed to be Town roads but there are no deeds , such as Burns Road . These roads are prior to the policy of the Town acquiring roads , it is just assumed . Supervisor Raffensperger said that the Town has no choice but to investigate whether the Town actually does own the road . Mr . Hilker interjected that there are many roads in the Town where there are no deeds . The only reason this was brought up in this instance is because the pavement stops just before Mr . Hilker ' s property even though the road base is in . If the road was paved this would never have been discussed . Mr . Frost said that we do have grass and vegetation growing there . There is a mound of dirt at the end of the road you do not see any kind of pavement or stone . Mr . Hilker said you can still see the base of the road . Supervisor Raffensperger pointed out that the Town has a list of Town roads , and Burns Road is on it . Mr . Hilker stated he spent four hours at the County Clerk ' s office looking at the grantees / grantors , before the 1960 ' s there were no grantees of any roads , they only listed the ones after that time frame . TB Minutes 4 / 12 / 93 Page 6 . Agenda Item No . 6 - Cont ' d Attorney Barney pointed out that over the years as far as title , any municipality by virtue of user of a highway makes it a road . Councilman Liguori asked if Mr . Hilker ' s property borders the existing Town road , and is there any other properties between his and the paved section ? Mr . Hilker responded that is property is approximately 200 feet from the paved portion of the road , and are other properties between his and the road . Mr . Hilker does not wish to make finishing the road an issue , the landowners have said they will share in the cost of the paving . Attorney Barney stated that is the problem . There has been no clear definition of who would pave the road and pay for it . Everyone may not be in agreement to contribute to the cost , there is a procedure by which that would have occurred . Mr . Hilker is willing to make concessions to the Town in helping out with the road and the turnaround . There is an urgency because of the purchase offer . Councilman Whitcomb suggested that Mr . Hilker make arrangements to be put on the Zoning Board ' s agenda to ask for a variance because of the time frame problem , just in case it takes a while to determine the ownership of the road . Motion made by Councilman Niklas , seconded by Councilwoman Valentino that the Town Attorney and the Town Supervisor are authorized and directed to investigate the status of Kendall Avenue as a town road and to contact James Hilker immediately upon the conclusion of their investigation in order to avoid a delay to Mr . Hilker . Carried unanimously . Agenda Item No . 3C Cont ' d - Presentation of Certificates of Appreciation to Highway Emplovees The town has certificates of appreciation and buttons to the Highway Employees for their diligent hard work during the Blizzard of 1993 . The Supervisor and the Town Highway Superintendent presented the awards and thanked the employees as listed present on the front page of these minutes . The button had a picture of a highway truck and stated , " I plowed the Blizzard of 1993 " . TB Minutes 4 / 12 / 93 Page 7 . Agenda Item No . 3C - Cont ' d After the presentation Mr . William Hilker commended the Highway Department , he stated he felt it is one of the best Highway Departments in the County , if not the best . Agenda Item No . 5 - Report of the Tompkins County Board of Representatives Timothy Joseph reported that there are two actions of the County that have relevance to the Town . The first is the decision as to how to divide the sales tax revenue . The compromise reached was that though the City was asking to have an additional 1 / 4 cent distributed between the City and Towns the County would keep it but would pay to the City what would have been their share . That was done by taking over a prescribed list of expenses that included transit systems , City prosecute offices , youth development , and some human services . This was essentially the proposal that the City offered as a compromise . The second item , at a special meeting of the County a resolution was adopted urging the Towns in the County to look into the possibility of hiring out garbage hauling by contract . The idea was that some Towns do contract garbage out and those Towns have the lowest rates . The County is recommending to the rest of the Towns to investigate the possibility . Supervisor Raffensperger stated she had not seen the resolution but it would work by the Town putting out for bid services for garbage collecting in the Town and contracting with the successful bidder . The difficulties with that kind of arrangement are that the Town takes over responsibility which is presently done by individual residents . The Supervisor did not know the percentage of Town residents who contract on their own . It is not 1000 . Working out the system would be an interesting problem . Mr . Joseph stated basicly you would be contracting a franchise and part of the specifications that could be included in the bid is that they will be paid by trash tags . The people who have their garbage picked up will pay for it , but the Town negotiates the price of the tags . Supervisor Raffensperger mentioned that some municipalities have that system but the density of the population is much more compact than it would be in the Town of Ithaca . What kind of a price the Town may get. in a less dense urban area is questionable . Mr . Joseph said that the Town may get a better price because there is a single hauler for the Town instead of several it may be cheaper . TB Minutes 4 / 12 / 93 Page 8 . Agenda Item No . 5 - Cont ' d Supervisor Raffensperger asked Mr . Joseph to have a copy of the County resolution sent to the Town and then the Public Works Committee can look into this proposal . Mr . Joseph said the resolution only asks that the Towns look into it , the County can not tell the Town to do anything . The County is willing to offer the help of the Solid Wasted Division . Councilwoman Valentino said there are some good reasons to the County ' s suggestion . The unsightliness by having many different haulers , because garbage is out on many different days would be eliminated . People would not be dropping trash on the side of the road . The cost would become part of our tax base and become tax deductible , where the garbage fees aren ' t . Councilwoman Valentino asked if the County presently mandates that cats also have to have rabies shots . The County does not seem to advertise that very well when they have their clinics . Mr . Frost responded that it has been mandated since 1986 . Agenda Item No . 20 - Fire Commissioner Appointment The Supervisor explained that Mr . Lyman Baker has been a Fire Commissioner for the Town of Ithaca and presently serves as the Chair of the Board of Commissioners . Mr . Baker has sent a letter expressing his willingness to continue to serve . Supervisor Raffensperger recommended that he be reappointed so that Mr . Baker can continue his service to the Town and as Chair of the Board of Commissioners . Motion made by Councilman Niklas that the Town Board of the Town of Ithaca recommends to the City of Ithaca the reappointment of Lyman E . Baker as the Town of Ithaca representative on the Board of Fire Commissioners for a term of office from July 1 , 1993 through June 30 , 1996 . Seconded by Councilman Liguori . Carried Unanimously . Agenda Item No . 21 - Youth Recreation Purchase of Services Agreement The Supervisor explained this is an agreement with the City of Ithaca for the Youth Recreation Services . These services were provided for in the 1993 Budget . The only change to the agreement for 1993 from 1992 is the last paragraph on the first page , where it states " that the City of Ithaca will not increase the fees charged to the Town of Ithaca residents for Youth Recreation programs and services at any time during the year 1993 " . TB Minutes 4 / 12 / 93 Page 9 . Agenda Item No . 21 - Cont ' d Councilwoman Valentino noted that Town residents get one program free . Motion made by Councilman Niklas authorizing the Town Supervisor to sign the Youth Recreation Purchase of Services Agreement with the City of Ithaca as per the agreement reviewed by the Town Board . Seconded by Councilwoman Valentino . Carried unanimously . Agenda Item No 22 - Planning Department Application for Comprehensive Plan SEAR Grant The Town Planner found out that there may be money available from the New York Planning Federation to assist with the Comprehensive Plan . The Planning Department filed for the $ 5000 grant to assist with the environmental review , and wishes to have the Town Board ratify the application . The Town will know sometime in May if we receive the grant . Motion made by Councilman Niklas , seconded by Councilman Klein approving the filing of a $ 5000 grant request with the Rural New York Planning Grant Program to assist the Planning Department with environmental review of the Comprehensive Plan . Carried unanimously . Agenda Item No 23 - Integrated Waste Systems Incorporated Landfill Site The Supervisor stated the Town has received a letter from Integrated Waste System Inc . asking that the Town express an interest or lack thereof in having a landfill located in the Town of Ithaca . There is a community questionnaire asking about local zoning . Supervisor Raffensperger suggested that only the last question asking if there is interest in having a landfill be filled out . Motion made by Councilman Niklas authorizing the Town Clerk to complete the next to the last question on the referenced questionnaire to Integrated Waste Systems Incorporated showing a negative response to having a landfill in the Town , and the Clerk shall enclose a certified copy of this resolution with the response . Seconded by Councilman Liguori . Carried unanimously . Agenda Item No 24 - Representative to the Government Access Video Bulletin The Town Clerk stated the municipalities in Tompkins County have the opportunity to send notification to the Government Access Video I TB Minutes 4 / 12 / 93 Page 10 , Agenda Item No . 24 - Cont ' d Bulletin Board to have announcements put on television . They are asking that the Town Board designate an individual from the town to submit the information . Motion made by Councilman Niklas that Joan Hamilton be authorized to serve as the Town of Ithaca representative to the Government Access Video Bulletin . Seconded by Councilwoman Valentino . Carried unanimously . Agenda Item No . 28 - Abatement of Interest and Penalty Charges Tax Bill The Supervisor explained this item is to consider the abatement of the interest and penalties on Tax Bill # 3650 for Catherine Shanahan . The Supervisor read the prepared resolution to the Board as it was self explanatory . Motion made by Supervisor Raffensperger authorizing a refund of $ 15 . 11 to Catherine Shanahan representing the interest and penalties assessed on the property located at 44 Penny Lane , tax bill $ 3650 . Seconded by Councilman Niklas . Carried unanimously . Agenda Item No 27 - Appointment Agriculture Committee A vacancy exists on the Town of Ithaca Agriculture Committee . George Frantz , Assistant Town Planner attended the Agriculture Committee meeting and has passed along the request that John Smith , 120 East York Street fill the vacancy . Motion made by Councilman Whitcomb , seconded by Councilman Niklas that John Smith is hereby appointed as a member of the Town of Ithaca Agriculture Committee for a term of office from 4 / 12 / 93 to 12 / 31 / 93 . Carried unanimously . Agenda Item No . 28 - Town of Ithaca Drug and Alcohol Policy The Personnel Committee has proposed some wording changes in the Drug and Alcohol Policy as discussed by the Town Board at the February meeting . The Personnel Committee revised the wording and has recommended the attached policy . Motion made by Councilwoman Valentino that the Town Board hereby supports and approves the attached Drug and Alcohol Policy and the related Employee Assistance Program statement to the Personnel Manual . Seconded by Councilman Niklas . MEN oil I TB Minutes 4 / 12 / 93 Page 11 , Agenda Item No . 28 - Cont ' d Councilman Klein did not fully understand the nature of the way the policy is worded . Under the drug and alcohol policy section , " employees must report within five days any criminal action involving drugs in the workplace " , and asked how that actually works . Supervisor Raffensperger stated this is language that the Personal Manager , Patricia Punger recommended because of the town vehicles being utilized outside of the workplace . Councilman Klein asked how it would work if they are not convicted . The discipline should be clear in the manual for just being in the possession of drugs or under the influence even if they are not convicted . Attorney Barney said that the last sentence in the paragraph modifies the rest of it . You can not ask someone to report an indictment or an accusation , but you can ask them to report and compel them to report a conviction . This doesn ' t stop the Town from taking action if the Town observes something that is inappropriate or in violation of this policy . Supervisor :Raffensperger pointed out that the Board has discussed the difficulty of a Supervisor accusing an employee of being under the influence of drugs and alcohol , and the Board has discussed the importance of supervisors relating the discussions of their problems to the level of performance of the duties as opposed to characterizing why it is thought that inadequate performance of duty is occurring . Councilman Klein stated that if a supervisor finds drugs or alcohol in an employees possession , isn ' t that grounds for dismissal ? Supervisor Raffensperger stated it is grounds for appropriate discipline . In some cases dismissal would be an appropriate discipline , but in some cases it may not be . The obligation is for the Town to provide assistance programs . Councilwoman Leary asked if this would also prohibit an office party by prohibiting the use of alcohol on the premises ? The Supervisor responded , yes . Councilman Klein noted that in other words the discipline would apply to an offense without a conviction ? Supervisor ' Raffensperger responded yes . TB Minutes 4 / 12 / 93 Page 12 . Agenda Item No . 28 - Cont ' d Councilman Liguori asked if this would prevent an employee to have an alcohol beverage during a lunch hour if it were not on the premises ? Supervisor Raffensperger stated it would not apply , except for the highway employees and other employees who drive town vehicles . There are internal regulations having to do with not having any alcoholic beverages for a certain period of time preceding driving town vehicles . Councilwoman Leary asked that there is no circumstance where it could be foreseen for any allowance of overriding on premises consumption , say for a holiday party . Supervisor Raffensperger pointed out that most parties are held off of town premises . Councilman Niklas said that most holiday parties should be held off the premises . Motion carried unanimously . Agenda Item No . 29 - Amended Driving Record Statement Personnel Manual The Personnel Committee has discussed the amended driving record statement and makes a recommendation to the Board that this be approved . The Supervisor read the driving record statement , ( see attached to resolution ) . The Town cannot have employees who are not insurable in driving town vehicles . There have been problems with this in the past , this statement is an attempt to deal with those problems should they occur . Motion made by Councilman Niklas , seconded by Councilwoman Valentino that the Town Board hereby supports and approves the attached amended Driving Record section of the Personnel Manual . Carried unanimously . Agenda Item No . 30 - Investment Policy Deleted . Agenda Item No . 31 - Renaming Spur Old Burns Road Building * Inspector , Andrew Frost stated that the Town has a new property owner on the Old Burns Road who requested that the spur be Em TB Minutes 4 / 12 / 93 Page 13 . Agenda Item No . 31 - Cont ' d renamed to avoid confusion . Mr . Frost talked to Tompkins County Fire Control and they have no problem with the new name of Burns Way . There are two houses that have frontage on this section of the road , and two houses that have frontage on Slaterville Road one of which has driveway entrance to Burns Way . Motion made by Councilwoman Valentino , seconded by Councilman Niklas that the old Burns Road segment , from Slaterville Road , be renamed and from now on be referred to as " Burns Way " . Carried unanimously . Agenda Item No . 33 - In Lieu of Taxes , Penalties and Interest The Town Attorney explained he has researched receiving penalties and interest for In Lieu of Tax payments as requested by the Board in March . Collection of the penalties and interest depends on the contract for In Lieu of Tax payments . One contract states specifically that we can enforce the penalties and interest on the unpaid In Lieu of Taxes . Each individual contract will be looked at , there is nothing in the law that gives the right to a municipality to generally charge the penalties and interest . Agenda Item No 32 - Establishment Coddington Road Lighting District Supervisor Raffensperger understood that the Town wished to proceed with the order to establish the district . A prepared resolution was reviewed by the Board . Motion made by Councilman Niklas approving the Final Order Establishing the Coddington Road Lighting District as per the attached . Seconded by Councilman Liguori . Carried unanimously . The order was signed by each Board Member . Agenda Item No 35 - Reappointment Member to Ethics Board The Supervisor explained that Mr . Aronson has to be reappointed as the time which had elapsed since the death of Mrs . Aronson , Planning Board Member was not sufficient for the appointment of Mr . Aronson to another board within the Town of Ithaca . Motion made by Supervisor Raffensperger appointing Robert Aronson as a member of the Town of Ithaca Ethics Board for a term of office effective immediately upon the adoption of this resolution for a term of office through December 31 , 1996 . Seconded by Councilman Niklas . Carried unanimously . TB Minutes 4 / 12 / 93 Page 14 . Agenda Item No . 36 - Petition Water and Sewer Unit Charges Supervisor Raffensperger noted that Adolfy Hoisie had been charged for two units of water and two units of sewer on his tax bill . An inspection has been made by the building department saying the building is now a single family dwelling and appears to have always been a single family dwelling . Motion made by Catherine Valentino , seconded by Councilman Karl Niklas authorizing a refund of 1 unit of water and 1 unit of sewer in the amount of $ 158 . 00 to Adolfy Hoisie as the Town and County taxes have been paid in full . Carried unanimously . Councilman Whitcomb mentioned that Mr . Hoisie was concerned that he would not receive a refund for more than one year . Supervisor Raffensperger stated this method has always been the policy of the Town and is consistent with all of the other assessment and taxing procedures . Agenda Item No . 37 - Appointment Representative to Tompkins County Youth Bureau Board Ronald Simpson of 112 Pine View Terrace has expressed an interest in serving , the prepared resolution appoints him as the Town of Ithaca representative to the Tompkins County Youth Bureau Board for a term of office from April 12 , 1993 through December 31 , 1995 . Motion made by Councilwoman Valentino , seconded by Councilman Niklas . Carried unanimously . Agenda Item No . 38 - Workers Memorial Day Councilwoman Valentino said that Workers Memorial Day is a day that has been continuing to grow over time as recognition of workers who have lost their lives due to hazards in the workplace or illness . Each year in this area they try to pick something that has happened over the last year to pay a tribute to . This year it is a memorial service for the four Scyhuler County CSEA members that were slain . On April 24 there will be a service and a rally for them . On April 28 , Cortland , Scyhuler , Tompkins Counties , and the City of Ithaca , at 2 : 00 p . m . will observe a moment of silence , ringing of the church bells , and blowing of the fire horns . Councilwoman Valentino felt it would be nice for the Town of Ithaca to - also pass this resolution with the correction on the last line of " injured or disabled on the job " . Motion made by Councilwoman Valentino proclaiming April 28 as Workers Memorial Day in recognition of workers killed , injured or disabled on the job as per the attached resolution with the MR correction as noted . Seconded by Councilwoman Leary . Carried unanimously . I TB Minutes 4 / 12 / 93 Page 15 . Agenda Item No . 38 - Cont ' d Superintendent McConnell asked if there are any plans to participate in the memorial activity to name anyone other than the two minute silence , and if this would be a one time thing ? Councilwoman Valentino said that they will name people on April 28th , but it is done for individuals within the last year . It will be an annual event . Councilman Niklas said that he hoped the town would never have to participate . Agenda Item No 39 - Preservation League of New York State and the New York State Council on the Arts for Archaeological Survey Inlet Valley Grant Town Planner , Floyd Forman explained there is a possibility there is an old Iroquoian Town site in the Inlet Valley area . Some of this area now may come under some development including water and sewer . One of the things that needs to be done under SEQR is to take a look at the resources of the area . The Planning Department is requesting a $ 3000 grant for a Professor and students from Cornell to do an Archaeological Survey . If the grant is received the landowners would be talked to for contributions . If this is not done the landowners will have to do this under SEQR and will cost more money . The survey should protect the site of the Iroquoian village and it will assist the landowners . Councilman :Liguori asked if there were a record of the original declaration by a State society ? Mr . Forman responded that there is a general historical record of where the area is . The indian village is somewhere around 300 years old . The Professor stated the indians tended to move in certain areas and may have come back to a site they were previously associated with . There is a marker , but does not appear to be the exact location . Councilman Liguori asked assuming that the grant is received and the property owners contribute something , is that going to define the issue , or will there be a cloud ? Mr , Forman said they will do some digging with a grid system , and then if a more intensive digging is necessary that will be a secondary item . TB Minutes 4 / 12 / 93 Page 16 . Agenda Item No . 39 - Cont ' d Motion made by Councilwoman Niklas , seconded by Councilwoman Valentino approving and authorizing the Planning Department to apply for a grant from the Preservation League of New York State and New York State Council on the Arts for an amount up to $ 3000 for the archaeological survey as described in the prepared resolution . ( See attached ) . Carried unanimously . Agenda Item No . 40 - Agreement Tompkins County Circuit Rider Planner The Planning Department suggested the usage of the Tompkins County Circuit Rider plan as a result of the resignation of John Czmanske in order to help until the Town is able to replace him . Floyd Forman has spoken to Jim Hansen about using the Circuit Rider Program for a possible period of time of eight to twelve weeks for about 15 to 25 hours per week , with the exception of one week during an employees vacation . The County has looked upon this favorably . The Town now has a signed copy of the agreement from the County ' s Administrator to be turned over to the Supervisor . Motion made by Councilman Niklas authorizing the Town Supervisor to enter into an agreement with Tompkins County through its Planning Department to provide assistance to the Town of Ithaca using the Circuit Rider Planner as per the attached Contract for Services . Seconded by Councilman Klein . Carried unanimously . Agenda Item No . 41 - Ratification Highway Department Secretary The Highway Department secretary is out on disability leave . Janice Smith is working as a temporary part time secretary to help out . The Town Board needs to ratify the employment of Janice Smith . Motion made by Councilman Klein , seconded by Councilman Whitcomb ratifying the appointment of Janice Smith as temporary part - time secretary in the Highway Department at a salary of $ 7 . 00 per hour effective March 26 , 1993 . Carried unanimously . Agenda Item No . 42 - Records Management Disposition Listing The Town Clerk explained this is another phase of the disposition portion of the Records Management Grant . It has been determined through the Records Disposition Schedule MU - 1 that it is not necessary for the Town to retain the recording tapes of Board meetings for any longer than four months once they have been officially transcribed and approved by the applicable Board . MIR 1P TB Minutes 4 / 12 / 93 Page 17 . Agenda Item No . 42 - Cont ' d The tapes will be erased and then reused which will save the Town money on the purchase of recording tapes . Motion made by Supervisor Raffensperger authorizing and directing the Records: Management Officer to dispose of the recording tapes as described on the attached in accordance with the procedure developed by SARA . Seconded by Councilman Niklas . Carried unanimously . Agenda Item No . 7 - Troy Road Water Petition The Supervisor explained that the Town has received a petition for an interest: in water service on Troy Road . Julian Hochberg has requested his name be removed from the petition as there was some confusion when the petition was circulated of the nature of the petition . Nancy Wilson of 232 Troy Road addressed the Board . Mrs . Wilson stated that the residents who signed the petition reside on the half mile of Troy Road to the Danby Town line and there are eleven homes . The signatures represent nine homes and some building lots . Councilman John Whitcomb is on the street , but did not sign the petition . The residents have inquired over the years about getting water , they were told that for technical reasons they had to wait until the Jones ' farm was developed . Recently , the residents heard that it is technically feasible to bring the water up Troy Road from King Road . The major problem of water for this area is the low quantity of water . It varies over the year , but it is at an average of eight gallons an hour which is very low . Mrs . Wilson spoke about the problems with her well . She noted that each attempt at a solution creates more problems . Low quantity of water causes problems in fire safety . Some of the people of the east side of the! road are concerned about runoff and other health hazards on the Jones ' property if it should be developed . There is the economic factor for each homeowner . Another problem that is arising is some of the residents are reaching retirement age and are interested in selling . It is very difficult to sell and enhance a property when there is a limit of water supply . Einar Holm from 231 Troy Road , stated the expensive from having such a low amount of water is significant . Charlotte Bosworth , 255 Troy Road , said they do not have the choice of fracturing the well because it is to close to the neighbor ' s TB Minutes 4 / 12 / 93 Page 18 , Agenda Item No . 7 - Cont ' d well . Fracturing can only be done effectively when there is approximately 200 feet or more between wells . Fracturing can sometimes increase the production . Many people upon purchasing homes in the area were not correctly informed as to the quantity of water . Over the years many people have felt they could not just keep this knowledge from any potential buyers . Every time there is more than two people in the house you run out of water . It is a health problem . The Supervisor explained that usually when a petition of this nature is received it is referred to the Town Engineer to submit a feasibility study and the cost . Town Engineer , Daniel Walker stated this petition could fit into the priority listing on the Capital Projects program . This is a relatively inexpensive extension because the water is there and it would be about 2500 to 3000 feet and would cost approximately $ 150 , 000 to $ 200 , 000 . The Supervisor mentioned that the Town has received a number of requests for the extension of water , and or the extension of sewer over the last year . The Town Engineer has provided reports as to the costs of those projects , all of them exceed the ability of the Town to fund them from operating costs . What the Town is looking for is a priority list to be approved by the Town Board for a group of small projects which would be bonded together . The suggestion for that priority list should be completed within the next two months . Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing the Town Engineer to prepare a report of the feasibility and costs of supplying water to Troy Road for the May Town Board meeting . Motion carried , Councilman Whitcomb abstained from voting . Councilman Whitcomb made the statement for the record that his property is at 233 Troy Road and since it would be affected by any outcome the Town Board may decide , that he will abstain from any voting at any time on this issue . Agenda Item No . 44 - Town Board Meeting Minutes 3 / 8 / 93 Motion made by Councilman Whitcomb , seconded by Councilman Niklas approving as written the Town Board Meeting Minutes for the regular meeting held on March 8 , 1993 . Carried unanimously . TB Minutes 4 / 12 / 93 Page 19 . Agenda Item No 45 - Town Board Special Meeting Minutes 3 / 11 / 93 Motion made by Supervisor Raffensperger , seconded by Councilwoman Valentino approving as written the Town Board Meeting Minutes for the special meeting held on March 11 , 1993 . Carried unanimously . Agenda Item No 1 , Additional - Ratification Representative to the Intermunic :ipal Youth Commission Councilwoman Valentino explained that Holly Beermann has been serving on the Intermunicipal Youth Commission and has attended at least two meetings and needs to be officially appointed . Ms . Beermann also serves as the Town ' s representative to the City of Ithaca Youth Bureau . Motion made by Councilwoman Valentino , seconded by Councilman Niklas appointing retroactive to January 1 , 1993 , Holly Beermann as the Town of Ithaca representative to the Intermunicipal Youth Commission for the term 1 / 1 / 93 to 12 / 31 / 94 . Carried unanimously . Agenda Itern No 2 , Additional - Interviewing Committee Vacancy Planning Board The Supervisor explained there is a vacancy on the Planning Board for the Agriculture Representative , and a Planning Board two person committee will interview the sole candidate on April 20 , at 7 : 15 P . M . The Supervisor asked for two volunteers from the Town Board to serve on this Interviewing Committee . The position was advertised , it is a position that is difficult to get candidates for because of the specific requirements in the law for agriculture representatives . Councilman Whitcomb and Councilman Liguori volunteered to serve . James Ainslee is the candidate . Mr . Ainslee served on the Agricultural. Committee of the Conservation Advisory Council . Agenda Item No . 8 - PUBLIC HEARING : LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL The Supervisor opened the Public Hearing at 7 : 15 p . m . The Town Clerk had proof of posting and publication . No members of the public wished to be heard on this matter . The Public Hearing was closed at 7 : 16 p . m . for Town Board discussion . Councilman Niklas stated that the current Zoning Ordinance is essentially unfair since the Town allows people to build on these TB Minutes 4 / 12 / 93 Page 20 , Agenda Item No . 8 - Cont ' d lots , where people who currently own property have to go before the Zoning Board of Appeals for variance . To relieve the Zoning Board of Appeals from receiving these variance applications and also to be equitable the Zoning Ordinance should be modified pursuant to this law . The Codes and Ordinance Committee approved it unanimously . Agenda Item No . 9 - SEOR • LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL The Supervisor stated the recommendation has been made by the Planning Department that there be a determination of negative environmental significance . The short environmental assessment form was presented to the Board . Motion made by Councilman Whitcomb that the Town Board makes a negative determination of environmental significance in accordance with the New York State environmental Quality Review Act for the reference Local Law . Seconded by Councilman Liguori . Carried unanimously . Agenda Item No . 10 - Adoption * LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL Councilman Niklas on behalf of the Codes and Ordinances Committee moved for the adoption of the LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL , and directed the Town Clerk to publish and file said Local Law as required by law . Seconded by Councilwoman Valentino . Roll call vote carried unanimously . Agenda Item No . 3 Additional - Prepavment Windows Highway Barns Assistant Budget Officer , Sally Alario reported that a new window is being installed on the second floor of the Parks workshop . Part of the agreement was a prepayment of 50o so that the contractor could purchase the materials . Councilman Liguori asked if the balance would have to be approved ? The Highway Superintendent explained that the balance would be approved as part of the abstract when the work is completed . Attorney Barney asked if the Town has a contract with them ? vim mom TB Minutes 4 / 12 / 93 Page 21 . Agenda Item No . 3 Additional - Cont ' d Ms . Alario responded that Mr . Schoch , Parks Manager signed the written proposal . Attorney Barney voiced concerns that before the Town advance money as a written obligation that he should review the contract . Councilman Klein felt that it was somewhat unusual for there to be a 50 % prepayment . Most contractors dealing with a municipality will expect payment upon completion of the project . Supervisor Raffensperger understood that the prepayment is to cover the materials . Attorney Barney said that the problem is that if a contractor needs the client to pay for materials it they may have a problem with financial liability . Superintendent McConnell stated this project only needs three written proposals . It is approximately a $ 1500 project . The Parks Manager completed the investigation and proposals . The window is needed for fire safety reasons as another means of egress out of the second story . There is no window , only the stairway , and there is poor ventilation . Councilman Liguori mentioned that he has heard of this type of prepayment with the materials delivered to the premises , upon receipt of` the materials then the Highway Superintendent can authorize the payment . Motion made by Councilman Liguori , seconded by Councilman Whitcomb approving the payment of $ 668 . 50 to Crown City Construction to cover 50 % of the contract price for the replacement of a window at the Parks shop . Motion made by Councilman Liguori , seconded by Councilman Whitcomb amending the above resolution to read that the payment be made subject to the review by the Town Attorney of the contract , and the $ 668 . 50 not be paid until at least the window has been received at the Highway Barns . Amended motion carried unanimously . Agenda Item No . 4 Additional - 1992 Budget Amendment Assistant Budget Officer , Sally Alario explained that she has received the adjustments to the accounts from the Town ' s independent: auditors . In order to properly show the Town ' s portion of the liability for Bolton Point ' s debt it was necessary to credit the water rents , and charge the principle and interest on debt . Since nothing was budgeted in that line item , it is now over budget . The amendment would make that correction for year end . It does not change the year ending balances . TB Minutes 4 / 12 / 93 Page 22 . Agenda Item No . 4 Additional - Cont ' d Supervisor Raffensperger pointed out that there is no physical cash being exchanged , these are only accounting entries . Motion made by Councilwoman Valentino authorizing an amendment to the 1992 budget to increase accounts F9710 . 600 by $ 239 , 614 and F9710 . 700 , and decrease F8350 . 472 by $ 319 , 885 to accommodate for the adjustment . Seconded by Supervisor Raffensperger , Carried unanimously . Agenda Iten No . 5 Additional - Reschedule of Spring Leaf and Brush Pick Up The Supervisor explained that because of the very wet conditions due to the weather , the Town would like to postpone the Spring Brush and Leaf Pick - Up and reschedule it for Monday , May 3 to Friday , May 7 . This will be readvertised . Motion made by Councilman Niklas , seconded by Councilman Liguori approving the rescheduling of the Spring Brush and Leaf Pick - Up for Monday , May 3 to Friday , May 7 , 1993 . Carried unanimously . Agenda Item No . 6 Additional - Special Town Board Meeting Date The Supervisor explained the special meeting would be to consider taking from the table the matter of rezoning 237 Coddington Road . The Public Hearing on this was held at the March Town Board Meeting . The Supervisor suggested that the special meeting be set for Tuesday , April 20 at 12 : 30 p . m . Motion made by Councilman Niklas , seconded by Councilman Liguori authorizing the Town Clerk to advertise for a Special Town Board meeting to be held on April 20 , 1993 at 12 : 30 p . m . to take from the table the matter of the rezoning of 237 Coddington Road . Carried unanimously . Agenda Item No 11 - Public Hearing : LOCAL LAW TO AMEND LOCAL LAW NO . 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW The Supervisor opened the Public Hearing at 7 : 30 p . m . The Town Clerk had proof of posting and publication . No persons wished to be heard . Public Hearing was closed at 7 : 32 p . m . The Supervisor opened the issue to discussion . TB Minutes 4 / 12 / 93 Page 23 , Agenda Item No . 11 - Cont ' d The Building Inspector / Zoning Officer told the Board that the current law defines vehicles that are abandoned or in a state of disrepair as being in violation of the current ordinance . This Local Law would provide for individuals who need to maintain at least one vehicle on their property , such as vehicles used only in the winter , and someone having a vehicle with antique value in a state of disrepair but at some time would be used for preservation purposes . It also separates automobiles from other items in the current law , such as snowmobiles , all terrain vehicles , etcetera . Attorney Barney stated that the variance would not only apply to vehicles but to items that are " junk " . Agenda Item No . 12 - SEOR : LOCAL LAW TO AMEND LOCAL LAW NO 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW Motion made by Councilman Niklas , seconded by Councilwoman Valentino making a negative determination of environmental significance in accordance with the New York State environmental Quality Review Act for the LOCAL LAW TO AMEND LOCAL LAW N0 , 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW . Carried unanimously . Agenda Item No . 13 - Adoption : LOCAL LAW TO AMEND LOCAL LAW NO 4 - 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW Motion made by Councilwoman Valentino , seconded by Councilman Niklas adopting a LOCAL LAW TO AMEND LOCAL LAW NO . 4 - 1979 OF THE TOWN OF I `.PHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE; OBLIGATIONS OF SUCH LOCAL LAW , and that the Town Clerk is hereby authorized to advertise and file said Local Law as required by law . Roll call vote carried unanimously . Agenda Item No . 46 - Town of Ithaca Warrants Motion made: by Councilwoman Valentino authorizing the payment of the Town of Ithaca Warrants . Seconded by Councilman Niklas . Carried unanimously . Agenda Item No . 47 - Bolton Point Warrants Motion made by Supervisor Raffensperger authorizing the payment of the Bolton Point Warrants . Seconded by Councilman Niklas . Carried unanimously . i TB Minutes 4 / 12 / 93 Page 24 . Agenda Item No 43 - Lease / Purchase Arrangement Street Sweeper The Highway Superintendent stated he had not prepared a resolution for adoption as he wished to have the Town Board ' s comments and feelings expressed . In the past a street sweeper has been rented for up to four weeks at a cost of approximately $ 7500 for the month . The sweeper is used to sweep the streets of the densely populated areas where they can not be swept off into the front lawns without a great deal of disruption of the lawns . They are also done as part of the catch basin maintenance . With the catch basin attachment the ditches can be cleaned so that they will not become plugged and cause flooding . There is a possibility that the Town could enter into a lease / pur base option on a new Elgin sweeper with a catch basin cleaner . It would be a lease / purchase option of an eight year term , with either some or none down payment . Then a varying amount of annual payments up to the eight years . At the end of the eight years the Town could buy out the sweeper or not . The figu � e determined that fits into the Town ' s scenario is starting ith a $ 19 , 000 down payment , and then $ 14 , 600 payments annually . At the end of the eight years it would be owned by the Town . The paid out cost on that program would be $ 135 , 800 . The list price for the machine is $ 130 , 000 . The interest would be $ 5 , 800 . The $ 19 , 000 down payment would come out of the Capital Reserve Fund which is a little over $ 19 , 000 and would require a public referendum . The option also can be bought out with no penalties during the contract . The contract can be terminated anytime during the eight years if the Town feels there is no longer a need for the service and the Town does not budget for it . Mr . McConnell had anticipated before his inspection that he could purchase the sweeper for around $ 11 , 000 . It seems that $ 14 , 600 is the best deal for what is the finest , longest lasting machine . The question for the Town Board , is whether the Town wishes to rent for another four or five years when the item can be included in the budget , o do a lease / purchase option now for use 12 months instead or 1 month per year ? Supervisor Raffensperger stated this piece of equipment is not on the Town ' s replacement schedule for this year or the next three or four yea s . The Supervisor asked Mr . McConnell if the $ 130 , 000 list price was firm or could it be negotiated down ? TB Minutes 4 / 12 / 93 Page 25 . Agenda Item No . 43 - Cont ' d Mr . McConnell responded that the price has been negotiated down . Since would be the first machine sold for this dealer in this area they are getting a sizeable factory discount . The $ 130 , 000 is a reasonable price . Councilman Whitcomb asked if the Public Works Committee has discussed this ? Councilman Liguori stated they had discussed it and come to no conclusions . Councilman Whitcomb said that the payment each year would be approximately twice what is being paid for the rental of the equipment for one month , and asked how long the equipment would last ? It would have to last at least 16 years to break even . Mr . McConnell responded that it would probably last sixteen years and more . The sweeper is presently rented from a private vendor . Supervisor Raffensperger asked what other municipalities rent the sweeper , and could the town negotiate to trade equipment or rent it to them ? Mr . McConnell looked into that and asked the State if they were interested , they said they were not as they already have three machines in this area . Tompkins County said that they would be very interested in having the Town do work on a trade basis or on a contract . Other townships , may also have a need . Just the County would give the Town enough work to make the purchase worthwhile . Councilman Niklas asked if the Public Works Committee had not reached a decision because it did not have enough time , or is there another rea :con ? Supervisor R. affensperger said the Public Works Committee had not because they thought that the entire Town Board ought to give the Highway Superintendent direction in the pursuit of this issue . Councilman Whitcomb said he would be interested in looking into more accounting numbers and what arrangements would be necessary to purchase this equipment . Maybe other towns should be contacted to see if they would be interested in renting or trading the equipment if purchased . Superintendent McConnell stated a big advantage is when the equipment is rented it is done within a four week period of time TB Minutes 4 / 12 / 93 Page 26 . Agenda Item No . 43 - Cont ' d all weather dependent . If the machine is purchased it can be used whenever it is needed . When rented the equipment must be booked ahead for use in a concentrated time frame . Councilman Niklas requested that when the information is gathered that the life expectancy of the machine be addressed , as the purchase is a question of breaking even . Councilman Klein pointed out that if the machine were rented out it would be used more effecting the life expectancy . The Town Board by consensus instructed the Highway Superintendent to develop a proposal for the lease / purchase proposal for a street sweeper . If the proposal obtained funding from the Capital Reserve Funds it would be subject to permissive referendum . Attorney Barney said that he has some reservations about a lease / purchase agreement based upon excerpts of the law he needed to research . The Town Attorney will research this area of the law . Agenda Iltem No . 14 - Public Hearing : LOCAL LAW FOR THE REDESIGNAITION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD The Supervisor opened the Public Hearing at 7 : 45 p . m . The Town Clerk had proof of posting and publication . Noel Desclh , 132 Updike Road read a prepared statement in opposition of the redesignation of the Conservation Advisory Council as the Conservation Advisory Board , ( see attached ) . There were no other members of the public wishing to be heard at the Public Hearing . Public Hearing closed at 7 : 53 p . m . The Supervisor opened the discussion to the Town Board . The Supervisor asked the Town Attorney to explain the legal rights of the Town to proceed with the Local Law based upon the comments in the letter from Mr . Desch . Attorney Barney concluded that nothing in the law . is without unequivocal doubt , Section 239Y speaks of converting a CAC to a CAB by resolution and lays out some preconditions . The Town Board is opting to proceed by Local Law under the municipal home rule law that the Town Board may choose to adopt by Local Law a slightly different mechanism than is provided by the General Municipal Law . The Town Attorney looked into this matter and the Town Board has discussed this procedure . TB Minutes 4 / 12 / 93 Page 27 . Agenda Item No . 14 - Cont ' d Councilman Liguori stated that this brings up the whole issue that without some sort of criteria that would suggest the Town is going to acquire or is going to take specific steps to preserve , the document is one that is subject to controversy all the time because no one knows what it really means . It is said that it could mean anything , except that it gives the authority to say that the land was looked at by the CAC and that it was worthy of some sort of preservation . That is a big problem that most people are concerned about , it doesn ' t really say that the Town is going to acquire it , it does not really say that the Town is to preserve it in some other fashion , it is implied . Supervisor Raffensperger recalled that when the Town Board approved the Open Space Report a section was added to that resolution describing its function which was suggested by Councilman Liguori who found it acceptable . This resolution is a follow up of that . The Town Board was then asked by the CAC to proceed with this designation as a Conservation Board , Councilman Whitcomb noted that Article 239 X and Y were written back in the early 1970 ' s prior to the establishment of the SEQR process . At that time there was monies available from the Federal Government for grants for acquisition of prime open space and that was the context of that law . Since that time SEAR has been adopted , a process by which the environmental considerations of any project are reviewed . The Town of Ithaca Open Space Report and Open Space Index was presented to the Department of Environmental Conservation and won an award from the New York State Association of Conservation Advisory Councils as an outstanding piece of work . At no time did anyone suggest that it did not meet the intent of the law . The CAC started with a ranking process , because of the public opposition of that , and against the better judgement of some CAC members it in fact changed the focus of the Open Space Report from a parcel based document to a feature based document which identified special features within the Town that were worthy of protection . Such as steep slopes , stream corridors rather than identify an entire piece of property that contained a wetland , it identified the wetland itself . That is the focus , this has been discussed at length during the development of the Open Space Report . As to the effect it would have compared to Section 139 X and Y . the Town Attorney has explained the Local Law plan . TB Minute 4 / 12 / 93 Page 28 . Agenda Item No . 15 - SEQR : LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD Motion made by Councilman Niklas , seconded by Councilwoman Valentino making a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD . Carried unanimously . Agenda Item No . 16 - Adoption : LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD Motion made by Councilman Whitcomb , seconded by Councilman Niklas adopting the LOCAL LAW FOR THE REDESIGNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD . Councilman Whitcomb pointed out that some individuals who have been concerned about the formation of the Conservation Board have been concerned that it might add time to the review process . In working with the Planning Department great pains have been made to integrate the CAB ' s review in conjunction with the review the Planning Board would take . The Town Planning Department and the Conservation Board would receive the development applications simultaneously so that when 20 working days had passed that each Board would have done their work . This is no different than the time that is allotted currently for the review of any development application . In addition the CAC has been doing this type of work for approximately three years and there has been no complaints of appreciably lengthening of the process . Councilman Liguori had a question on Section 3d , Page 3 . The second sentence states , " the report may make recommendations as to the most appropriate use of a development of an open area , and may include referable alternatives " . Would it not be more appropriate if it said , " and shall include alternatives " , if not all the Town will get possibly , is the Board ' s interpretation of the most appropriate use in their view without telling what are all the appropriate uses ? Councilman Liguori gave an example that a Board that is highly interested in their own pursuit of the environment may say the only use for that land would be to preserve it as open space . However , it could be very well be a subdivision , etcetera that could also preserve ppen space , or would not damage open space significantly . Instead of only asking that the Board tell us the most appropriate use , they should say what all the possible uses are . Then the Town Board can make their own determination . TB Minutes 4 / 12 / 93 Page 29 . Agenda Item No . 16 - Cont ' d Councilman Niklas commented that this report is given to the Town Planning Board . It is the Planning Board that knows the zoning ordinance which lists all of the current uses that property could be used for . What Councilman Liguori is asking for is nothing more than what is already in the purview of the Planning Board . This is the report from the CAC which is making recommendations . Asking that they should list all possible uses is redundant , because all the possible uses are whatever the land is zoned for which is known by the Planning Department . Supervisor Raffensperger said she would be concerned at providing the Conservation Board with authority for alternative use proposals when appropriately the developer should do that . What kind of a precedent would that set ? Councilman Liguori said that the Board would be evaluating their own Open Space Index as the Town Board revised it . The Supervisor responded no , that she did not have a problem with the Board saying what they thought was the most appropriate use or development ., but she was concerned with giving the Board the authority to start then own design work on other people ' s property . Councilman Whitcomb stated the intent of Section 3d is . When a proposal comes before the appropriate Board for review , if a developer Hrishes to create a subdivision of a certain parcel the CAB would do a review and " might " make recommendations as to the appropriate use of the land . It is not reviewing each piece in the Open Space Index , it is only on a case by case basis as that land is brought forth for development . Councilman Liguori said that the problem is that the CAB will not want to go outside of what they consider their special interest , all that is being asked is to tell what the most appropriate use is based upon their judgement . Councilman Whitcomb stated that one recommendation that could be made would be the proposed use as presented , as they have made on parcels in the past . Roll call vote carried unanimously . Councilman 'Liguori stated he would vote aye , but that he hoped that changing the CAC to the CAB was to instill upon them a sense of responsibility to the whole community and not to their special interests . That the CAB will look at things not as they looked at TB Minutes 4 / 12 / 93 Page 30 . Agenda Item No . 16 - Cont ' d the Six Mile Creek Conservation Proposal which was overdone , or look at it as they did the first Open Space Report which was overdone . This should show them that we wish them to be a Board , but look at the whole community and everyone ' s interest and not just their own . Councilman Klein voted aye , because Section 8 covered the concerns that had been raised . Supervisor Raffensperger noted that with the adoption of the Local Law it is necessary to reappoint the members of the CAC as members of the CAB . Motion made by Councilman Whitcomb , seconded by Councilman Liguori redesigna�ting and appointing the members of the Conservation Advisory Council to be members of the Conservation Board for the terms of office indicated on the prepared resolution . Carried unanimously . Agenda Item No 17 - Public Hearing : Resolution Authorizing_ Conveyance of Property Adjacent to the Frandsen Subdivision in the Town of Ithaca The Supervisor opened the Public Hearing at 8 : 00 p . m . and postponed the disc ssion of this issue until the conclusion of Agenda Item No . 16 . The Public Hearing was reopened at 8 : 0 p . m . The Town Clerk had proof of posting and publication . Supervisor Raffensperger asked that the Town Attorney review the history of how the Board has come to this point concerning this issue . Attorney Barney said that a number of years ago there was a kind of an agreement that was never completely memorialized which would allow the extension of Park Lane across the property owned by Mrs . Quick down to Slatterville Road . Part of the agreement called for the Town to provide for some fill for use in the construction of Park Lane . The developer , Mr . Frandsen was going to construct a road and Mrs . Quick was going to provide the land over which the road was to traverse . The process began , and for reasons that are not fully understand the coordination was off and the developer did most of the work that was planned and more , partly because there was a gas line that was too close to the surface of the roadway so it was ropped an additional 15 to 20 feet . In doing the road in order to meet grade , there were cuts made on the Quick ' s land which exceeded by quite a lot what was contemplated to be given by the Quick ' s . As a result , the road once completed requiring additional TB Minutes 4 / 12 / 93 Page 31 . Agenda Item No . 17 - Cont ' d land that had not been given to the Town . At that point there were some options that the Town could take advantage of . One was the Town could buy the land from Mrs . Quick , or because the Town owned land in that general vicinity discussions were had looking into the possibility of trading some of the Town land for the land for the Quick ' s . It would have to go through an intermediary as the Town land did not immediately adjoin that land owned by the Quick ' s . After a great deal of negotiation , the Town thinks that an agreement has been made . It still has to be signed by Mr . Quick , but has been signed by Mr . Frandsen . There is no reason to believe that Mrs . Quick will not sign the agreement . The arrangement is that the Town will exchange certain lands with Mr . Frandsen who will in turn exchange lands to Mrs . Quick , who will then deed to the Town , lands that the Town needs to have for road presently placed but not yet open . Supervisor Raffensperger stated that some of the people attending the meeting from the Eastern Heights area received a letter that the Supervisor sent to the Eastern Heights Neighborhood Association mid - year in 1992 that outlined more specifically some of the a agreements that the Town did not have , or did have dating back to the authorization of the Town Board for Park Lane Extension on June 10 , 1985 . The Town Engineer showed on the maps provided exactly what exchange of lands were proposed . The Town currently owns two parcels at the end of the Eastern Heights subdivision on the eastern side . One parcel was deeded to the Town specifically for park purposes that abuts the Town of Dryden , Town of Ithaca line . The second parcel was deeded to the Town for General Municipal purposes . The parcel that is proposed to convey to Mr . Frandsen in return for the trade is a portion of the second parcel that abuts Mr . Frandsen ' s land . There has been some concern expressed about the activity with the Peringren Hollow Subdivision project in the Town of Dryden . The latest map from Peringren Hollow dated 1990 , the bulk of the project is in Dryden . There was a small group of single family homes in the Town of Ithaca , but it has not come to the Ithaca Planning Board . There is no connection between the parcel that would be conveyed to Mr . Frandsen and the Peringren Hollow subdivision . The Town of Ithaca would still maintain control over anything between those two parcels . Supervisor Raffensperger asked any members of the public to address the Town Board . TB Minutes 4 / 12 / 93 Page 32 . Agenda Item No . 17 - Cont ' d Mr . Thomas , stated that what the residents are being asked to do is to sacrifice one of the most unique recreational facilities in the Town for the profit of a land developer . There is no excuse for things haying gotten to the point where there currently are . When the original proposal was made for the extending Park Lane , Mr . Thomas came to the meeting to speak against it and brought a topographic map that showed if the grade on that access to Route 79 was to be less than 10 % there would have to be a cut that was 30 feet deep . No one could imagine that a cut that deep could be made in a 60 foot right - of - way . It must have been clear from the beginning that there was land being taken that had not been deeded to the T wn by the Quick ' s . Mr . Thomas said that he is still opposed to the opening of Park Lane . The issues that were raised at that time , that the intersection with Route 79 would be a blind intersection , that the slope would be too steep for the purpose of the access so that fire engines could not navigate Snyder Hill . If that is the case vehicles will not be able to stop at that slope and will slide into the middle of Route 79 . Since that road was excavated there has been a home built and the Town has a letter from him pointing out these problems when it was proposed to extend Park Lane . That the intersection was too steep and that the intersec I ion was blind . That homeowner did not want that opened . Residents are asked to give away the recreational facility for something they do not want anyway . Who profits from the transfer of this roperty ? Supervis r Raffensperger responded that she had to review some of the history , Supervisor Raffensperger stated that she is the only present member of Town government who was on the Board in 1985 when the Park Lane Extension was approved . She recalls Mr . Thomas coming before the Board , and pointed out that she also was the only member wt o voted against Park Lane , it was however approved . It is the responsibility of the Supervisor and the Town Board to see that the Quicir s are dealt with in a fair fashion . It is the Town of Ithaca , of the developer who exceeded the amount of land that the Quick ' s Mere willing to give the Town in the easement . It is the Town of IIthaca who is legally liable for that what some people call a trespass . The Supervisor went on to say that when she first became a are of the situation and what had happened to the land that had been " taken " from the Quick ' s in 1990 , she told the Town Board of the circumstances and it was discussed that the Town of Ithaca had two resources to compensate the Quick ' s . The Town has general purpose land , and it is not park land . The Town can use some of the general purpose land to make sure that the Quick ' s get land adj cent to theirs that they feel compensates them adequately , TB Minutes 4 / 12 / 93 Page 33 . Agenda Item No . 17 - Cont ' d or the Town can compensate them with tax dollars . The Town Board asked the Supervisor to enter into negotiations to see what kind of agreement could be made in a tri - partied agreement that would not cause taxes; in the Town of Ithaca to go up . The Supervisor did not want present taxpayers to pay for past mistakes . It seemed a reasonable way to compensate a party that the Town is obligated to compensate ,. Pat Cornell. , 117 Park Lane addressed the Town Board , Mrs . Cornell asked what. Mr . Frandsen would be giving the Quick ' s in the exchange . Mr . Walker said that Mr . Frandsen would be giving two improved building lots of a subdivision adjacent to the Quick ' s land and a cash payment of $ 5000 , plus the obligation of Mr . Frandsen to make the lots developed . Mrs . Cornell asked how much acreage would be in the lot transferred to Mr . Frandsen . Mr . Walker said it would be 1 . 9 acres . . There is forty feet between the property of Mr . Frandsen and the Perigrine Hollow development . Mr . Frandsen cannot develop that , there: would have to be a survey discrepancy of 100 feet , and he would have to get approval from the Town . Supervisor Raffensperger noted that even if the parcels bordered each other they could not build a connecting road without the approval of the Planning Board and the Town Board , Mrs . Cornell stated that the Town Board and the Planning Board would be addressed , but that her history with the Town Board and the Planning Board is she has very little faith in them . The elected officials have not done much for the Eastern Heights neighborhood . Mr . Frandsen has built to Route 79 and there have been large environmental concerns caused by the building . Mr . Frandsen does not take care of what he has , and will not take care of what he would be getting . The Supervisor pointed out that the Town of Ithaca would own the road and maintain it , it is not a possession that the Town desires . Drainage work has already been completed including securing manholes . Mr . Cornell stated that land to the right of Route 79 has never been seeded or properly taken care of , the constituency that lives on Slaterville Road has most of that in their cellars . No mention has ever been made concerning environmental impact . TB Minutes 4 / 12 / 93 Page 34 . Agenda It m No . 17 - Cont ' d Supervisor Raffensperger responded that the Town Board in 1985 when the Park Lane Extension was approved addressed environmental and engineering elements to their satisfaction . What we have today is what we hive , the Town Board has attempted to stabilize the banks and improve the drainage and if and when the Town takes over the road , the Town will maintain it . Supervisor Raffensperger asked the Highway Superintendent to comment on the improvements the Town would make if the Town receives title to the road . Superintendent McConnell said that the erosion control and other things arl scheduled to be completed as far as safety . Signage will be done . Mr . Walker and Mr . McConnell are aware of the concerns in the land that will not be Town land . Mr . Frandsen should be made aware of items like sedimentation control and erosion on that piece that will not be the towns . The Supervisor pointed out that Mr . Frandsen will have to come back to the Torn for subdivision approval because of the errors in the survey that occured . The Town could require proper drainage and sedimentation controls . Mr . Walker noted that there would be additional conditions on the 1 I'll construction methods . Councilman Whitcomb stated that the problem is there was no one on the Town (Board except for the Supervisor when this was approved , what the present Town Board is attempting to do is make the best of a bad situation . The Town Board would be delighted to hear comments from the neighborhood for alternative solutions given that the road was built when there was a previous Town Board and Planning 3oard . The road cannot just be abandoned and left as a scar on the landscape , the Quick ' s cannot be left uncompensated for their pro erty that was taken . Bill Cornell felt that the question people would like to have answered is that if the exchange is not done , what would be the monetary consequences if the Town had to pay the Quick ' s ? Supervisor Raffensperger said that it would not be wise for her or the Town Board to suggest a figure if the Town ends up in court with the Quick ' s for compensation of this land . The Town by what can be calculated has taken well over an acre of land in access of the proposed easement . Cheryl Smith , 104 Skyview , does the Town know why the Quick ' s are interested in the two particular lots ? TB Minutes 4 / 12 / 93 Page 35 . Agenda Item No . 17 - Cont ' d The Superv : sor feels that they intend to sell them . The Quick ' s have been very cooperative , they could have sued the Town years ago and they have not done so . If this transfer does not go through the Town will be in court and they will determine the appropriate compensation . Mr . Smith said that there is a great deal of confusion as to what properties abuts others . Many people do not know what the proposal is , not that they are for or against it . Mrs . Smith ' s largest concern is the Perigrine Hollow subdivision there is a strip that abuts it , who is to say that five or ten years from now the Town of Ithaca won ' t connect a road to that . Supervisor Raffensperger asked what could be done to assure the people that it won ' t be connected ? Mrs . Smith said she would like it made into a park , but that would not solve the Quick problem . The Supervisor stated the last thing the Town wishes to do is transfer that strip of land , because the protection for the people r is for the Town of Ithaca to own that , not the developer . Councilwoman Valentino said that if the Town designated that strip of General .Purpose land as park area , then it would be protected . The Supervisor said that if the Town could make that General Purpose land a park it would be additional protection but it would not be perfect protection . It would not be any part of an agreement with Mr . Frandsen . Attorney Barney stated that once that land was designated Park Land it takes an act of the New York State Legislature to redesignate it as anything else . The Town may be able by resolution of the Town Board be able to designate that land as park land . Councilman Niklas asked if that would make the residents would feel more comfortable with that solution ? The Town Board is trying to find solutions to this inherited complicated problem . Councilman Niklas said that he felt great distrust this evening of the Town Board . If designating the general municipal land as park land it may build trust and put a historical legacy on the property that is something that the Town Board would likely do . Pat Cornell said that the letter she received from the Supervisor hinted that the Town was considering a monetary compensation to the Quick ' s . The distrust comes from no notification of the deal until TB Minutes 4112193 Page 36 . Agenda Item No . 17 - Cont ' d the Friday morning before a holiday weekend before the Board meeting , and the residents were supposed to be happy with the transfer . Supervisor Raffensperger stated that at that time the negotiations had broken down . The law does not require that this be a Public Hearing . The Town Board in March set a Public Hearing in order to provide an opportunity to the public to have their say . The notice was published and posted , the Supervisor notified the Eastern Heights A sociation , the Town did their best . The Town Board could have had � a resolution to execute this transfer with no Public Hearing and without notifying the public . Mrs . Cornell asked why isn ' t necessary to have a Public Hearing when giving away public land ? Or doing something that the public is not a1are of ? Councilman Niklas said that you may not like that , but technically it could have been done , however the Town Board did have this Public Hearing . Attorney Barney stated that the land would be sold not given away . Councilman Whitcomb asked that when the land was given to the Town as General Purpose land was there anything that the Town Board had in mind for its use ? Attorney Barney responded the park land was a designated park as part of he subdivision of Eastern Heights . The developer became Kings Lane Company and it was borderline bankrupt . This company wanted a charitable contribution and asked the Town to take the land . There is nothing that would prevent the Town from making the general purpose land a park . Earl Thomas , 101 Park Lane again addressed the Board . Mr . Thomas said that he has to confirm that it is the conviction of the residents of Eastern Heights that there has been totally inadequate public notice regardless of the legal requirements . The residents feel something has been put over on them . Supervisor Raffensperger asked if the residents wished the Town Board to postpone this action until next month ? What additional information could the Town provide that would help the Board make a decision that is reflective of the legal requirements and , to the extent tihat is possible , the opinions of the residents ? Mr . Thomas responded that the residents need to know in detail how this blunder came about and who made it ? TB Minutes 4 / 12 / 93 Page 37 . Agenda Item No . 17 - Cont ' d Mrs . Cornell stated that the general purpose land should be looked at in order to have a compromise with the neighborhood for the security of that space . Councilman Niklas recommended that the Public Hearing be postponed and reopened with the consideration of having the general purpose land becoming a park so that the residents can see both things happening in a package so it is not suspected that the remainder of the property will be transferred and not made a park . Anne Renwick , 24 Dove Drive said she did not understand what general purpose land was . The negotiation that is being worked on where the map shows the yellow area , could all of this land be designated park land ? The Supervisor responded that it can be used for any purpose , extension of water and sewer , build a town hall , anything . Attorney Barney said the Town Board may in some fashion designate all or any portion of that area as park land , once it has been designated as such it could not be changed except by act of the State legislature . Niels Otani , 122 Park Lane said that he was the homeowner that Mr . Thomas referred to earlier . Suppose the parcel of land were to cost $ 100 , 000 to pay the Quick ' s , what would be the amount per thousand assessed value that the taxes would be raised for the settlement ? The Supervisor responded that it is somewhat complicated . This is not a townwide function , it would be a part town function . The Town pays for all of its part - town functions from sales tax revenues . Sales tax revenues are used to pay fire tax for residents of the town who live outside of the village . The calculation is a difficult one because of the way the residents do or do not pay taxes . Attorney Barney explained that Town government not only governs the Town of Ithaca including Eastern Heights but also governs Cayuga Heights in certain functions . There are two budgets the Town operates on , the townwide budget includes taxes that are levied and paid by residents of Cayuga Heights . The other is a part - town budget which includes only those properties that lie outside the village of Cayuga Heights . This would be a part - town function because highways are the village function and therefore the highway outside of the town is largely a part - town so the cost would have to be calculated as if paid for only by the residents who live outside the Village of Cayuga Heights . TB Minutes 4 / 12 / 93 Page 38 . Agenda It m No . 17 - Cont ' d The Supervisor used the example of $ 100 , 000 . This would create an increase of $ . 21 per thousand for everyone in the Town or approximately $ 32 . 00 for a property with an assessed evaluation of $ 150 , 000 . That would increase the taxes by about 18 % . That is a substantial increase in taxes , it is because of that the Town looked for other compensation that would not have to be raised in taxes . Last year the taxes for the Town in this category went up somewhat less than $ . 06 . Mr . Thomas asked if this would be paid off in only one year ? You could have this extended over more than one year . The Supervisor explained she was asked to make a calculation of what it would cost for the Town of Ithaca to raise for road costs of $ 100 , 000 . Councilman Niklas stated that the calculation does not cover the legal costs that would be involved . Mr . Barney said that legal costs would probably double the number . Mr . Otani asked who owns the land on the area of the map which is anticipated to be part of the Perigrine Hollow Development ? Supervisor Raffensperger explained that it was proposed by the developer of Perigrine Hollow as part of the development . The Town of Ithaca made some strenuous comments from the towns ' point of view , but a map was provided so that residents could see what was proposed in the past . The Town has a map showing the developer having this piece included in that development . The developer has never come to the Town of Ithaca for subdivision approval of any portion of Perigrine Hollow in the Town of Ithaca . But because the Town knew it was included on their maps it was included here so that you could see it as what had been proposed in the past . Mr . Otani said that he supports the designation of the general purpose land as park land . Mr . Otani is opposed to the opening of the Park Lane Extension below Kings Lane . A suggestion that is unlikely to happen would be to transfer some of the land that the lower part of the current Park Lane Extension occupies back to the Quick ' s . The extension as it currently exists is very dangerous , the grade of the slope is very steep and there is a curve . This road if opened and if it is as dangerous as is anticipated will cause public pressure that it be improved so that it is not as dangerous . The Town may have to pay a great deal of money to do that in the future . The traffic will be increased and it will decrease the quality of life in the neighborhood . The traffic speed will be very fast by the time Route 79 is reached . TB Minutes 4 / 12 / 93 Page 39 , Agenda Item No . 17 - Cont ' d Mr . Otani said that he is a relatively newcomer to the area and that he has no problems with Mr . Frandsen , and in his objections he wanted it noted that he has no problem with Mr . Frandsen opening the portion of the development he already owns . Mr . Otani is concerned with the part of Park Lane below Kings Lane that connects to Route 79 , Mr . Otani ' s second suggestion is to pay the $ 32 . 00 per each $ :150 , 000 assessed evaluation . The mistake that was made was not made by this Board , but a previous Board and this Board represents the entirety of the Town . The entirety of the Town should have to compensate , it should not be a burden to the Eastern Heights residents to correct a mistake that was made by the entire Town Board . The Supervisor mentioned that a suggestion has been made to adjourn this Public Hearing until next month . This would give the Town Board an opportunity to perfect a proposal that might transfer the general purpose land into park land , and for those who did not feel they received sufficient notice of the public hearing they can let the Town Board know what information would be helpful or make recommendations . Kate Hubbs , 106 Skyview Road requested that the map showing the part of the general purpose land be shown which is considered as park land :now . What is the " park " layout that is affected . The Supervisor explained that the only thing now on the general purpose land is part of the sledding run and a trail . Mrs . Cornell thanked the Town Board for listening , and hoped that the dialogue could continue that is necessary for the neighborhood to understand what incoming traffic may be like . Motion made by Councilwoman Valentino , seconded by Councilman Niklas adjourning the Public Hearing concerning the Conveyance of Property Adjacent to the Frandsen Subdivision until May 10 , 1993 at 7 : 30 p . m . , and that the Town Attorney is directed to determine whether the Town of Ithaca General Purpose Land adjacent to the Frandsen property can be transferred from General Purpose Land to Park Land and provide that information at the Public Hearing . Carried unanimously . Public Hearing closed at 9 : 03 p . m . Agenda Item No . 34 - Resolution Conservation Advisory Council The Supervisor explained that a resolution adopted by the Conservation Advisory Council at the urging of the Forest Home Improvement Association designates Forest Home Drive as a scenic road . Information was provided to the Board by the Forest Home TB Minutes 4 / 12 / 93 Page 40 . Agenda Item No . 34 - Cont ' d Improvement Association for the applications of the scenic road designation . The CAC has recommended that the Town Board proceed with this designation . Highway Superintendent , Scott McConnell commented that the work done on t e application was outstanding , that the comments in the narrative were very informative and interesting . Mr . McConnell was not sure that the negative maintenance comments were appropriate . This is only a guideline , some of the maintenance items that are recommended to be done by the Town should have a process where there is a review committee that oversees what is actually done if this does become a scenic route as opposed to a request action method . So that the Town has some affirmative control working with the Forest Home residents and the Highway Superintendent . i Supervisor Raffensperger asked if the Public Works Committee along with Forest Home Improvement Association could perform that role ? Mr . McConnell felt that would be very appropriate , that anything wishing to be done would be reviewed by the Public Works Committee before completion . Have some kind of approval prior to the work realizing that all work has some costs related to it , and although the guidelines say there is no addition costs or requirements , or regulations . Even when something is removed , that has a cost . Supervisor Raffensperger stated that it is true that there are no new regulations or restrictions on public or private land used within or beyond the highway right - of - way , but there are recommended maintenance procedures . If the road were designated as a scenic road that is a fair explanation of the consequences . Motion male by Councilman Whitcomb requesting and encouraging the NYS Department of environmental Conservation to quickly designate Forest Home Drive as a scenic road in the Town of Ithaca as per the attached prepared resolution . Seconded by Councilwoman Valentino . Bruce Brittain , Chair of the Traffic Committee Forest Home , 135 Warren Road . The Town of Ithaca is blessed with much scenic beauty and many miles of scenic roadway . The purpose of the scenic roads program is to try and maintain and enhance those roads . Mostly it is to keep them from inadvertent piecemeal deterioration , so as during rou ine maintenance to think about the scenic aspects of the road . There are no immediate requirements , rather it is a recommendation that the next time something is replaced there are more appropriate items that could be considered . TB Minutes 4 / 12 / 93 Page 41 . Agenda Item No . 34 - Cont ' d The State has wanted to get a scenic road in the Finger Lakes area . The individual who is in charge of the program in Albany has looked at the road and encouraged making the application . Councilman Whitcomb asked what the likelihood if the Town Board approved this of the likelihood it would be approved by the DEC as a scenic route ? Mr . Brittai. n responded the State has a review committee that looks at it . It has to be approved by the local municipality and then the States review . It is very likely the State will approve the application . The Supervisor mentioned the only deficiency in the application is the different process the municipality must go through to look at all of its roads and then recommend some of them for scenic road distinction , but if Forest Home were to wait for the Town to go through this process it would be a very long time . Mr . Brittain stated that it was not clear what level of government should be the lead agency . The whole road was reviewed from Triphammer Bridge out to Varna , the trailer park in the Town of Dryden was a discouraging aspect and did not encourage trying to have that area included . The City section is a different government . The State representative said to take it government by government . Then apply to the City for an addendum . Superintendent McConnell mentioned there are some significant scenic qualities through Cornell as well as through Freeville , and that a small section like this through a town road does not fit the appropriateness of the scenic route designation . If this were encompassed. outside and bring the roads into it that would add to it . Mr . McConnell suggested that the Forest Home Improvement Association. look into that possibility . Councilman Niklas called the motion and it was carried unanimously . Agenda Item. No . 26 - Rezoning 1251 Trumansburg Road The Supervisor explained that there has been a request from Mr . Joseph Ciaschi that his property at 1251 Trumansburg Road be rezoned , it is presently a Special Land Use District . Mr . Ciaschi has provided information concerning his request . Mr . Ciaschi addressed the Town Board concerning the former Mayer School . He has purchased the building and needs to do something TB Minute es 4 / 12 / 93 Page 42 . Agenda Item No . 26 - Cont ' d with it . The easiest thing to do is to rent the building to one person or organization . When that is out of the question you could rent something floor by floor . Mr . Ciaschi would like to have offices throughout the building . Mr . Ciaschi stated he does not know what the building will rent as yet . Feedback shows that it would be used for a catering business which the property is not zoned for . Mr . Ciaschi is asking for a variance that would include catering , for functions on weekends such as weddings . The other use would be for apartments . There is a plan now for the third floor to have four apartments . Variance for more apartments and catering is needed . There is some other space that would be nice for a print shop , wood shop , or electrical shop in the basement or storage room in back . Supervisor Raffensperger stated that typically the Town Board refers a request for a rezoning to the Planning Board . Before the Town Board asks the Planning Board to comment on such a request for rezoning the Town Board usually hears the general plans of a rezoning so that the Town Board does not send to the Planning Board additionali work , or for the property owner to do additional work anything that on the face of it the Board would not consider for rezoning . Councilman Niklas asked what Mr . Ciaschi would like the property to be rezoned to ? Mr . Ciaschi responded that everything that it is now , plus more apartments if it needs to be that to get the building viable to pay the expenses . Supervisor Raffensperger stated the uses permitted in this Special Land Use District is any use permitted in an R15 residence district , business offices or professional offices , medical offices or labs subject to further provisions , an art gallery , and up to two residential apartments . Mr . Ciaschi has asked for the additional expansion of residential apartment and for what is a commercial enterprise ( catering facility ) and a light industrial use . The Town Board would probably like to ask the Planning Board for their comments . The Supervisor reviewed the plans from Mr . Ciaschi and also the provisions of what is presently permitted . The Supervisor suggested it be referred to the Planning Board and ask them to consider t he expansion of uses permitted to include all uses in a multiple � esidence district and that the Town Board expresses its concern as to the proposed commercial and light industrial uses . TB Minutes 4 / 12 / 93 Page 43 . Agenda Item No . 26 - Cont ' d This does riot mean we are saying you can not do it , but there is some concern for that use of the building . All uses in a multiple use district would allow Mr . Ciaschi as many residential apartments as the building would hold . Motion moved by Supervisor Raffensperger as stated above , and including the attached resolution . Seconded by Councilman Niklas . Councilman Liguori asked Mr . Ciaschi what he meant by catering ? Mr . Ciaschi responded that he has a caterer who would like to hold the functions that she caters on weekends , such as weddings and Cornell functions at the building . 60 % of her jobs now are done at the site the client has , she can only do the food end of it . She has to get someone who has a liquor license to do the bar service . She loses half of the booking . There is a nice kitchen and room in the building , for her to get a license she has to have tables and seating for 50 people . It would not be opened every night and would be used for specific functions only . Mr . Ciaschi said he would not even consider catering except that the building has such a good facility for this . Councilwoman Leary stated she had no trouble with the catering idea or the work shop . Supervisor Raffensperger said that the only reason we express concern is because of the adjoining land uses which are residential . We want the Planning Board to look carefully to changes that are substantial in a Special Land Use District , Councilman Whitcomb said he was trying to recall what Ron Brand said in his 1989 report , that the Town should not rezone Special Land Use Districts . Councilman Niklas agreed that the resolution is good and that we are not making the statement that we do not recommend the uses . It is an unbiased resolution . Councilman Klein asked if Mr . Ciaschi was talking about the confines of the building and not the land ? Mr . Ciaschi said the building and what is there now . There is a cold storage room which could maybe be used for outdoor catering , or could be storage . Mr . Ciaschi said if he is hampered from renting for various reasons it is not a viable piece of property . It is not going to hurt to have storage , or a function in the garage area . There is plenty of parking . TB Minutes 4 / 12 / 93 Page 44 , Agenda Item No . 26 - Cont ' d Building Inspector , Andrew Frost asked that it be kept in mind that some occupancies such as woodworking would not be allowed by building 'codes if there were with apartments . There may be some building ; code restrictions . What has been suggested would be permitted . Motion carried unanimously . i Agenda Item No . 48 - Executive Session i The Supervisor made the motion to move into Executive Session to discuss possibility litigation . Seconded by Councilman Niklas . Carried unanimously . The Board moved into Executive Session at 9 : 30 p . m . Motion made by Councilman Niklas , seconded by Councilwoman Valentinolto move back to open session . Carried unanimously . The Town Board moved back to open session at 9 : 40 p . m . As a result of the Executive Session the following resolution was adopted the Town Supervisor and the Town Attorney are hereby authorized to negotiate installation of purification systems for up to three houses in the Shickel Water District . Seconded by Councilman Liguori . Councilman Liguori stated that the Town should let the people on Shickel Road know that they are part of a water district and they will have to pay benefit costs . Mr . Liguori stated they should not get anything more than anyone else . The Supervisor noted that if the Town has them maintain the purification systems , which is the Towns responsibility , the Town can trade that for the benefit charge . What other people in the Town are receiving is safe water . Attorney Blarney stated that once a water district is created the Town is obliged to provide safe water . Those in other areas of the Town have safe water . The small area of Shickel Road was not included in the water district specifically by name , but the overriding language was to dissolve all the districts in the Town . They have not paid the same benefit charge as other residents , but they have not received the same benefit . The Supery : sor stated it is the Towns responsibility to maintain those water systems , it would be easier for the Town to have the residents maintain their own systems in exchange the Town would not charge the benefit charge for water which is $ 72 . 00 per year . Motion was called and carried unanimously . TB Minutes 4 / 12 / 93 Page 45 . Agenda Item No . 49 - Adjournment As there was no further action to come before the Town Board Councilwoman Valentino made a motion to adjourn . Seconded by Councilman Whitcomb . Carried unanimously . Meeting adjourned at 9 : 52 p . m . Respectfully submitted , +00000 �1� arn � Joan Lent Hamilton Town Clerk * * * April 20 , 1993 - 12 : 30 p . m . Special Town Board Meeting * * * May 10 , 1993 - 5 : 30 p . m . Regular Town Board Meeting * * * May 10 , 1993 - 7 : 00 p . m . Adjourned Public Hearing - Conveyance of Property Frandsen Subdivision Town Board Meeting 4 / 12 / 93 Agenda Item No . 3C Appreciation to Highway Department Personnel Blizzard 1993 Resolution No . 77 WHEREAS , the Blizzard of ' 93 , March 13 , 14 , 15 , brought almost three feet of snow and fifty miles per hour winds , causing severe drifting and treacherous conditions ; and WHEREAS , keeping the public highways open and accessible for use by Police , Fire , Ambulance and Utility Companies is critical to ensure public safety and well being ; and WHEREAS , Town of Ithaca snow plow crews worked diligently and selflessly around the clock for the duration of the storm ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby express its deepest appreciation to the following individuals for their dedicated service and outstanding performance while plowing through the BLIZZARD OF 193 . Brian T . Barry Joseph T . McCoy Timothy Eighmey Fred Noteboom Alvin T . Howell Eugene G . Redman , Jr . Charles R . Hulbert Larry R . Salmi Raymond H . Manning R . Gerry Stosnider Kenneth R . Maye , Jr . Donald J . Tenkate MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 Joan kent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 6 Persons To Be Heard - Kendall Avenue Resolution No . 78 WHEREAS , James Hilker , J & L Builders , 255 Burns Road , Ithaca addressed -the Town Board and requested that the Town Board officially acknowledge Kendall Avenue as a Town of Ithaca road so that he can meet a construction deadline of July 1 , for a home to be built on Kendall Avenue ; and WHEREAS , the Town Board wishes to clarify the status of Kendall Avenue ; now therefore be it RESOLVED , that the Town Attorney and Town Supervisor are hereby authorized and directed to investigate the status of Kendall Avenue as a town road and to contact James Hilker immediately upon the conclusion of their investigation ; and be it further RESOLVED , that said investigation be completed as soon as possible to avoid a delay to Mr . Hilker . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 �o Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 7 Troy Road Water Resolution Now 79 WHEREAS , residents of Troy Road , Ithaca have petitioned the Town Board requesting that public water lines be provided along Troy Road ; now therefore be it RESOLVED , that the Town Board hereby authorizes and directs the Town Engineer , Daniel Walker to prepare a report of the feasibility and costs of supplying water to Troy Road ; and be it further RESOLVED , said report shall be completed and presented to the Town Board at their regular monthly meeting , May 10 , 19939 MOVED : Councilman Niklas Abstained : Councilman Whitcomb SECONDED : Councilwoman Valentino Motion Carried DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 9 SEQR - LOCAL LAW AMENDMENT ZONING ORDINANCE MODIFICATION OF SINGLE FAMILY HOMES Resolution No . 80 WHEREAS , the Town Planning Staff has recommended a Negative Determination of Environmental Significance for a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " ; now therefore be it RESOLVED , the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for said Local Law . MOVED : Councilman John Whitcomb Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 H airr.aJ��� . Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 10 LOCAL LAW AMENDMENT ZONING ORDINANCE MODIFICATION OF SINGLE FAMILY HOMES Resolution No . 81 WHEREAS , the properly advertised Public Hearing has been held to consider the adoption of a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby adopt a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to publish and file said Local Law as required by law . MOVED : Councilman Karl Niklas SECONDED : Councilwoman Catherine Valentino Roll Call Vote DATED : April 12 , 1993 Supervisor Raffensperger Aye Councilman Whitcomb Aye Councilwoman Valentino Aye Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye Councilman Klein Aye �u L Cvvnar. Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 12 SEQR - LOCAL LAW AMENDING LOCAL LAW NO . 4 / 1979 Resolution No . 82 WHEREAS , the Town Planning Staff has recommended a Negative Determination of Environmental Significance for a " LOCAL LAW TO AMEND LOCAL LAW NO . 4 / 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " ;; now therefore be it RESOLVED , the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for said Local Law . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 Yi a/YruJCJf Joan Lent Hamilton , Town Clerk lIAiIEIAIlisi Town Board Meeting 4 / 12 / 93 Agenda Item No . 13 LOCAL LAW AMENDING LOCAL LAW N0 , 4 / 1979 Resolution No . 83 WHEREAS , the properly advertised Public Hearing has been held to consider the adoption of a " LOCAL LAW TO AMEND LOCAL LAW NO . 4 / 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby adopt a " LOCAL LAW TO AMEND LOCAL LAW NO . 4 / 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to publish and file said Local Law as required by law . MOVED : Councilwoman Catherine Valentino Roll Call Vote SECONDED : Councilman Karl Niklas Supervisor Raffensperger Aye Councilman Whitcomb Aye DATED : April 12 , 1993 Councilwoman Valentino Aye Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye Councilman Klein Aye Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 15 SEQR - LOCAL LAW REDESIGNATION CAC AS CONSERVATION BOARD Resolution No . 84 WHEREAS , the Town Planning Staff has recommended a Negative Determination of Environmental Significance for a " LOCAL LAW FOR THE REDESI: GNATION OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " ; now therefore be it RESOLVED , the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for said Local Law . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 16 LOCAL LAW - CAC Redesignation as Conservation Board Resolution No . 85 WHEREAS , the properly advertised Public Hearing has been held to consider a " LOCAL LAW REDESIGNATING THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby adopt a " LOCAL LAW REDESIGNATING THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to publish and file said Local Law as required by law . MOVED : Councilman John Whitcomb Roll Call Vote SECONDED : Councilman Karl Niklas Supervisor Raffensperger Aye Councilman Whitcomb Aye DATED : April 12 , 1993 Councilwoman Valentino Aye Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye D ^ Councilman Klein Aye Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 16 Conservation Board Appointments Resolution No . 86 WHEREAS , the Town Board by Local Law has redesignated the Conservation Advisory Council as the Town of Ithaca Conservation Board ; and WHEREAS , by the adoption of said Local Law it is necessary to redesignate and appoint the members of the Conservation Advisory Council as members of the Conservation Board ; now therefore be it RESOLVED , that the Town Board does hereby redesignate and appoint the! following members of the Conservation Advisory Council to be members of the Conservation Board for the referenced terms of office . Candace E . Cornell , Chairperson Term : 4 / 12 / 93 to 12 / 31 / 94 Phillip Zarriello , Vice - Chair 4 / 12 / 93 to 12 / 31 / 93 John Whitcomb 4 / 12 / 93 to 12 / 31 / 93 Celia Bowers 4 / 12 / 93 to 12 / 31 / 94 Richard B . Fischer 4 / 12 / 93 to 12 / 31 / 93 Eva Hoffmann 4 / 12 / 93 to 12 / 31 / 94 MOVED : Councilman John Whitcomb Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 ())annan�! A Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 17 Conveyance of Property Adjacent to the Frandsen Subdivision Resolution No . 87 BE IT RESOLVED , that the Public Hearing regarding the Conveyance of Property Adjacent to the Frandsen Subdivision is hereby adjourned until May 10 , 1993 at 7 : 30 p . m . during the regular Town Board meetings and be it further RESOLVED , that the Town Attorney is authorized and directed to determine whether the Town of Ithaca General Purpose Land adjacent to the Frandsen property can be transferred from General Purpose Land to Park Land and provide that information at the Public Hearing . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 20 Fire Commissioner Appointment Resolution No . 88 WHEREAS , Lyman E . Baker has served as the Town of Ithaca ' s representative on the Board of Fire Commissioners for the last four years , and as the Chairman of said Board during the year 1992 ; and WHEREAS , Mr . Baker ' s term of office on said Board expires as of June 30 , 1993 ; and WHEREAS , Mr . Baker has notified the Town Board he is interested in continuing to serve on said Board as the Town ' s representative ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby recommend to the City of Ithaca the reappoint of Lyman E . Baker of 838 Coddington Road , Ithaca as the Town of Ithaca representative on the Board of Fire Commissioners for a term of office from July 1 , 1993 through June 30 , 1996 . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk i I Town Board Meeting 4 / 12 / 93 Agenda Item No . 21 Youth Recreation Purchase of Services Agreement Resolution No . 89 BE IT RESOLVED , the Town Supervisor is hereby authorized and directed to sign the Youth Recreation Purchase of Services Agreement with the City of Ithaca as per the attached agreement reviewed b ;y the Town Board . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 / a4�n Joan Lent: Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 22 Comprehensive Planning Grant Resolution No . 90 WHEREAS , the Town of Ithaca is required by the State Environmental Quality Review Law to do an environmental review of the Town ' s Comprehensive Plan ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the Town Supervisor ' s filing of a $ 5 , 000 grant request with the Rural New York Planning Grant Program to assist the Planning Board with environmental review of the Comprehensive Plan . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman David Klein DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 23 Integrated Waste Systems Incorporated - Landfill Proposal Resolution No . 91 WHEREAS . Integrated Waste Systems , Incorporated has contacted the Town of Ithaca asking if the Town is willing to consider the development of a landfill within the boundaries of the Town of Ithaca ; and WHEREAS , the Town Board has reviewed and discussed the literature and questionnaire provided by Integrated Waste Systems , Incorporated ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby declares that the Town of Ithaca is not willing to consider the development of a landfill within the boundaries of the Town of Ithaca ; and be it further RESOLVED , the Town Board hereby authorizes and directs the Town Clerk to complete the next to the last question on the referenced questionnaire to Integrated Waste Systems , Incorporated showing a negative response ; and be it further RESOLVED , the Town Clerk is also authorized and directed to include a certified copy of this resolution with the questionnaire . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 .7C fi ti Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 24 Representative To Government Access Video Bulletin Resolution No . 92 WHEREAS , the Government Access Video Bulletin Board is a free service available to the City of Ithaca , Tompkins County and all towns and villages in Tompkins County to provide calendar listings of city , county , town and village meetings , committees , and planning and zoning boards meetings deemed by elected government officials to be of interest to the public ; and WHEREAS , the Town Board wishes to utilize the services of the Government Access Video Bulletin Board ; and WHEREAS , anyone submitting information must have written authorization by the Town Supervisor with said authorization accompanying the first submission ; now therefore be it RESOLVED , the Town Board does hereby appoint and authorize Joan Lent Hamilton , Town Clerk to serve as the Town of Ithaca representative to the Government Access Video Bulletin . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 25 Interest & Penalty Charge Abatement - 1993 Tax Bill Resolution No . 93 WHEREAS , the Town of Ithaca was in timely possession of sufficient funds to satisfy the installment liability for tax bill # 3650 ; and WHEREAS , an accounting method used by the Town resulted in the levying of interest and penalties in the amount of $ 15 . 11 on that account ; now therefore be it RESOLVED , that the Town Board of Ithaca authorizes the refund of $ 15 . 11 to Catherine Shanahan , 320 Harper Place , Highland Park , New Jersey , representing the interest and penalties assessed on the property located at 44 Penny Lane , Ithaca ; tax bill # 3650 . MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk Town Board Meeting 4 / 12 / 93 Agenda Item No . 26 Rezoning 1251 Trumansburg Road Resolution No . 94 WHEREAS , Joseph Ciaschi has presented material and information requesting that the property located at 1251 Trumansburg Road be rezoned to a " Special Land Use District ( SLUD ) , No . 4 " ; and WHEREAS , the Town Board suggests that the Planning Board consider expansion of uses permitted to include all uses in a multiple Residence zone and WHEREAS , the Town Board expresses concerns as to the proposed commercial and light industrial uses , now therefore be it RESOLVED , that the Town Board hereby refers the rezoning of 1251 Trumansburg Road to the Planning Board for their recommendations . MOVED : Supervisor Raffensperger Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 -+Iajj I Joan Lent. Hamilton , Town Clerk i i I Town Board Meeting 4 / 12 / 93 Agenda Item No . 34 Forest Home - Scenic Road Resolution No . 100 WHEREAS , the New York State Department of Environmental Conservation ( NYSDEC ) , pursuant to Article 49 of the Environmental Conservation Law , is empowered to designate scenic highways in the state ; and WHEREAS , the public highway known as Forest Home Drive within the Town of Ithaca extending from the City of Ithaca to the Town of Dryden exhibits exceptional scenic quality and passes through an area of significant regional importance ; and WHEREAS , a study has been undertaken by the Forest Home Improvement. Association which assesses the scenic quality of and documents the cultural , historic , and geomorphic features of said highway corridor ; and WHEREAS , it is intended that the study be forwarded to NYSDEC in order to nominate said highway as a scenic road ; and WHEREAS , the Town of Ithaca Conservation Advisory Council has made a recommendation to support the nomination of Forest Home Drive as a New York State Scenic Road ; now therefore be it RESOLVED , that the Town Board hereby requests and encourages the NYSDEC to quickly designate Forest Home Drive as a scenic road . MOVED : Councilman Whitcomb Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 AA H Joan Lent Hamilton , Town Clerk i i i i i i I i i Town Board Meeting 4 / 12 / 93 Agenda Item No . 35 Reappointment Ethics Board Resolution No . 101 WHEREAS , Robert Aronson was appointed as a member of the Town of Ithaca Ethics Board by Town Board Resolution No . 4 on January 11 , 1993 ; and WHEREAS , Mr . Aronson ' s wife Judith Aronson was a member of the Town of Ithaca Planning Board until her resignation on March 31 , 1992 ; and WHEREAS , Local Law No . 4 of the Year 1992 , Section 11 , D , ( iv ) states that , " From the period of 12 months prior to appointment throughout his or her term of office , no Ethics Board member or member of his or her family shall hold elected or any other appointed office or employment with the Town of Ithaca , except as a member of a citizens ' advisory board " ; and WHEREAS , the time frame as stated in said Local Law has passed therefore allowing Mr . Aronson to serve as a member of the Town of Ithaca ' s Ethics Boards now therefore be it RESOLVED , that the Town of Ithaca Town Board does hereby appoint Robert Aronson , 220 Forest Home Drive , Ithaca as a member of the Town of Ithaca Ethics Board for a term of office effective immediately upon the adoption of this resolution through December 31 , 1996 . MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April. 12 , 1993 Joa Lent Hamilton , Town Clerk i i i i i i I i I i i i I i i i i i i I I I I i I I Town Board Meeting 4 / 12 / 93 Agenda Item No . 36 Water and Sewer Unit Refund Resolution No . 102 WHEREAS , Adolfy Hoisie , 326 Blackstone Avenue , Ithaca was charged ( 2 ) units of water and ( 2 ) units of sewer on his 1993 tax bill ; and WHEREAS , it has been determined by the Assistant Building Inspector / Zoning Enforcement Officer , Paul Hansen that the property should be assessed ( 1 ) unit of water and ( 1 ) unit of sewer based upon his inspection of the property on March 19 , 1993 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund of ( 1 ) unit of water in the amount of $ 80 . 00 , and ( 1 ) unit of sewer in the amount of $ 78 . 00 , for a total refund of ,5, 158 . 00 to be made to Adolfy Hoisie as the 1993 Town and County taxes have been paid in full . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Lent Hamilton , Town Clerk i i i Town Board Meeting 4 / 12 / 93 Agenda Item No . 37 Appointment Tompkins County Youth Bureau Board Resolution No . 103 WHEREAS , there is presently a vacancy on the Tompkins County Youth Bureau Board for a Town of Ithaca representative ; and WHEREAS , Ronald Simpson , 112 Pine View Terrace , Ithaca has expressed an interest in serving as the Town ' s representative on said Board ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Ronald Simpson as the Town of Ithaca representative to the Tompkins County Youth Bureau Board for a term of office from April 12 , 1993 through December 31 , 1995 . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 .�C Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 38 Workers Memorial Day Resolution No . 104 WHEREAS , every year more than 10 , 000 American workers are killed on the job ; and WHEREAS , tens of thousands more are permanently disabled ; and WHEREAS , millions are injured ; and WHEREAS , another 100 , 000 workers die from cancer , lung disease , and other diseases related to toxic chemical exposure at work ; and WHEREAS , concerned Americans are determined to prevent these tragedies by : - Organizing Workers Memorial Day on April 28 , a day chosen by the unions of the AFL - CIO as a day to remember these victims of workplace injuries and disease , renewing our efforts to seek stronger safety and health protections , better standards and enforcement , and fair and just compensation ; - rededicating ourselves to improving safety and health in every American workplace ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby proclaim April 28 as Workers Memorial Day in recognition of workers killed , injured or disabled on the job . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilwoman Patricia Leary DATED : April. 12 , 1993 Li I] Gm Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 39 Grant Application Approval Preservation League of New York State and the New York State Council on the Arts Resolution No . 105 WHEREAS , the Planning Department is requesting approval to apply for a grant from the Preservation League of New York State and New York State Council on the Arts for the purpose of funding part of the cost of an archaeological survey in Inlet Valley to confirm whether or not the Iroquoian townsite of Correorgonel is located in the area of Inlet Valley ; and WHEREAS , the survey will be a joint effort between the Planning Department and Professor Sherene Baugher , Visiting Professor in the Department of City and Regional Planning and Department of Archaeology at Cornell University . The survey will be completed during the Fall semester at Cornell as part of a field course in archaeology ; and WHEREAS , the Planning Department will provide basemaps , aerial photographs , and other data for the site , provide onsite guidance , act as liaison with property owners , and administer the grant . Cornell University will provide Professor Baugher ' s expertise , student workers , and the tools and equipment necessary for the excavation work ; and WHEREAS , the Planning Department would like to request up to $ 3 , 000 through the Preservation League / Council on the Arts grant program to be used as partial payment of this survey ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves and authorizes the Planning Department to apply for a grant from the Preservation League of New York State and New York State Council on the Arts for an amount up to $ 3 , 000 . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 HA /rnA{. Joan Lent Hamilton , Town Clerk L i 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 40 Tompkins County Circuit Rider Planner Resolution No . 106 BE IT RESOLVED , that the Town Supervisor is hereby authorized and directed to enter into an agreement with Tompkins County through its Planning Department to provide assistance to the Town of Ithaca using the Circuit Rider Planner as per the attached Contract for Services . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman David Klein DATED : April 12 , 1993 1A 1H Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 41 Ratification of Janice Smith as Temporary Part - Time Highway Secretary Resolution No . 107 WHEREAS , the regular Highway Department Secretary , Gail Kroll left suddenly on disability leave ; and WHEREAS , Town Crossing Guard , Janice Smith possesses the necessary ,skills to fill this position and offered to work part - time during Mrs . Kroll ' s absence ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment of Janice Smith as temporary part - time secretary in the Highway Department at a salary of $ 7 . 00 per hour effective March 26 , 1993 . MOVED : Councilman David Klein Carried Unanimously SECONDED : Councilman John Whitcomb DATED : April 12 , 1993 a/YrUL Joan Lent. Hamilton , Town Clerk i Town Board Meeting 4 / 12 / 93 Agenda Item No . 42 Records Management Disposition Listing Resolution No . 108 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 following listing of outdated transcribed recording tapes of meetings of the Town Board , Planning Board , and Zoning Board of Appeals are eligible for disposition based upon the Records Retention and Disposition Schedule MU - 1 , Page 6 , ( disposition date ( 4 ) months after transcription and adoption as official ) ; and WHEREAS , the Town Supervisor , Town Attorney and the applicable Department Heads have reviewed and approved disposition of said recording tapes ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct the Records Management Officer to dispose of the recording tapes as described below in accordance with the procedure developed by SARA . TOWN BOARD MEETING TAPES : Dates : 12 / 9 / 91 12 / 31 / 91 1 / 13 / 92 2 / 10 / 92 3 / 9 / 92 4 / 13 / 92 5 / 11 / 92 6 / 8 / 92 6 / 22 / 92 7 / 13 / 92 8 / 10 / 92 8 / 24 / 92 9 / 8 / 92 10 / 5 / 92 10 / 19 / 92 PLANNING BOARD MEETING TAPES : Dates : 9 / 2 / 86 - 9 / 15 / 87 10 / 6 / 87 - 6 / 7 / 88 6 / 21 / 88 - 4 / 4 / 89 4 / 18 / 89 - 11 / 21 / 89 12 / 15 / 89 - 2 / 6 / 90 2 / 27 / 90 - 5 / 15 / 90 6 / 19 / 90 - 8 / 7 / 90 9 / 4 / 90 - 10 / 20 / 90 11 / 6 / 90 - 12 / 18 / 90 1 / 15 / 91 - 2 / 28 / 91 7 / 21 / 91 - 9 / 3 / 91 9 / 17 / 91 - 12 / 17 / 91 1 / 7 / 92 - 4 / 7 / 92 4 / 21 / 92 - 6 / 16 / 92 7 / 7 / 92 - 10 / 6 / 92 ZONING BOARD OF APPEALS MEETING TAPES : 0 Dates : 1 / 28 / 87 - 6 / 29 / 88 10 / 12 / 88 - 2 / 8 / 89 2 / 27 / 89 - 5 / 24 / 89 6 / 6 / 89 - 7 / 26 / 89 8 / 9 / 89 - 10 / 25 / 89 11 / 8 / 89 - 2 / 14 / 90 2 / 28 / 90 - 6 / 27 / 90 7 / 11 / 90 - 10 / 24 / 90 11 / 14 / 90 - 3 / 13 / 91 3 / 27 / 91 - 6 / 26 / 91 7 / 10 / 91 - 11 / 13 / 91 12 / 11 / 91 - 4 / 8 / 92 4 / 22 / 92 - 9 / 9 / 92 9 / 23 / 92 - 10 / 14 / 92 Total cubic feet = 5 MOVED : Supervisor Shirley Raffensperger DATED : April 12 , 1993 SECON D : jqncilman Karl Niklas Carried Unanimously Joan Went Hamilton , Town Clerk i 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 44 Town Board Meeting Minutes 3 / 8 / 93 Resolution No . 109 WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the meeting held on March 8 , 1993 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved said minutes as written ; now therefore be it RESOLVED , the Town Board does hereby approve and adopt said minutes as the official minutes of the Town Board meeting held March 8 , 1993 . MOVED : Councilman John Whitcomb Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk 1 i 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 45 Town Board Special Meeting Minutes 3 / 11 / 93 Resolution No . 110 WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the special meeting held on March 11 , 1993 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved said minutes as written ; now therefore be it RESOLVED , the Town Board does hereby approve and adopt said minutes as the official minutes of the Town Board special meeting held March 11 , 1993 . MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilwoman Catherine Valentino DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk 1 i 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . 46 Town of Ithaca Warrants Resolution No . 111 WHEREAS , the following numbered vouchers have been presented to the Town Board for approval of payment ; and WHEREAS , said vouchers have been audited for payment by said Town Board ,; now therefore be it RESOLVED , that the Ithaca Town Board hereby authorizes the payment of said vouchers . General Townwide Vouchers : No . 131 to 191 $ 101 , 847 . 58 General Outside Village Vouchers : No . 70 to 98 82 , 942 . 85 Highway Fund Vouchers : No . 80 to 122 56 , 454 . 28 Lighting District Vouchers : No . 7 to 9 619 . 00 Water & Sewer Fund Vouchers : No . 83 to 121 372 , 325 . 87 Capital Projects Fund Vouchers : No . 12 to 15 1 , 350 . 31 MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk i I i i i I I I I I I I I I I i i I Town Board Meeting 4 / 12 / 93 Agenda Item No . 47 Bolton Point Warrants Resolution No . 112 WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board by Bolton Point for approval of payment ; and WHEREAS , said vouchers have been audited for payment by said Town Board ; now therefore be it RESOLVED , that the Ithaca Town Board hereby authorizes the payment of said vouchers . Operating Fund Vouchers : No . 169 to 243 $ 128 , 155 . 88 MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk i i i i i i i i Town Board Meeting 4 / 12 / 93 Agenda Item No . 48 Executive Session - Shickel Water District Resolution No . 113 BE IT RESOLVED , the Town Supervisor and the Town Attorney are hereby authorized to negotiate installation of purification systems for up to three houses in the Shickel Water District . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Liguori DATED : April 12 , 1993 " tl a/y Joan Lent Hamilton , Town Clerk i I I I I I i i i I I I I I i i Town Board Meeting 4 / 12 / 93 Agenda Item No . Additional No . 1 Ratification of Representative Intermunicipal Youth Commission Resolution No . 114 WHEREAS , Holly Beermann , 388 Coddington Road , Ithaca has been unofficially acting as the Town of Ithaca representative to the Intermunic .ipal Youth Commission since January 1 , 1993 ; and WHEREAS , the Town Board wishes to have Ms . Beermann officially appointed as the Town of Ithaca Is representative to said Commission ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby appoints retroactive to January 1 , 1993 , Holly Beermann as the Town of Ithaca representative to the Intermunicipal Youth Commission for the term January 1 , 1993 to December 31 , 1994 . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Councilman Karl Niklas DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . Additional # 3 Approval of Payment for Window Installation Resolution No . 115 WHEREAS , Crown City Construction was chosen to install a window in the Parks Department workshop of the Highway Garage ; and WHEREAS , the contract calls for a 50 % deposit to purchase the window ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the payment of $ 668 . 50 to Crown City Construction to cover 500 of the contract price ; and be it further. RESOLVED , the payment be made subject to the review by the Town Attorney of the contract , and possibly not until receipt of the window at the Highway Barns . MOVED : Councilman Frank Liguori Carried Unanimously SECONDED : Councilman John Whitcomb DATED : April 12 , 1993 Ll aanjL Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item - Additional # 4 1992 Budget Amendment Resolution No . 116 WHEREAS , our independent auditors required an adjustment to our Water Fund account to properly show the Town ' s portion of liability for the Southern Cayuga Lake Intermunicipal Water Commission debt ; and WHEREAS , this adjustment caused the debt principal and debt interest accounts to be over budget for fiscal year 1992 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes an amendment to the 1992 budget to increase accounts F9710 . 600 by $ 239 , 614 . 00 and F9710 . 700 by $ 80 , 271 . 00 , and decrease F8350 . 472 by $ 319 , 885 . 00 to accommodate for the adjustment . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Supervisor Shirley Raffensperger DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . Additional 5 Reschedule Leaf and Brush Pick - Up Resolution No . 117 WHEREAS , the Town of Ithaca Highway Department had originally scheduled -the Spring Leaf and Brush Pick - Up for the week of April 19 to April 24 , 1993 ; and WHEREAS , due to the wet conditions caused by the weather town residents would be unable to work in their yards to gather the brush and :Leaves ; and WHEREAS , under these conditions it would be in the best interest of the town residents to reschedule the Spring Brush and Leaf Pick - up for a later date ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve rescheduling the Spring Brush and Leaf Pick - up in the Town of Ithaca for Monday , May 3 through Friday , May 7 , 1993 . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk 1 1 1 Town Board Meeting 4 / 12 / 93 Agenda Item No . Additional 6 Special Town Board Meeting Date Resolution No . 118 WHEREAS , the Town of Ithaca Town Board tabled the rezoning of 237 Coddington at a subsequent regular Town Board meeting ; and WHEREAS , the Town Board wishes to set a date for a Special Town Board Meeting to be held to take from the table the matter of the rezoning of 237 Coddington Road ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes and directs the Town Clerk to advertise for a Special Town Board Meeting to be held on April 20 , 1993 at 12 : 30 p . m . to take from the table the matter of the rezoning of 237 Coddington Road . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED : April 12 , 1993 Joan Lent Hamilton , Town Clerk i 1 Special Town Board Meeting 4 / 20 / 93 AGENDA 12 : 30 p . m . 1 . Call To Order 2 . Pledges of Allegiance 3 . PERSONS TO BE HEARD 49 Consideration of action taking from the table a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP TO REZONE TAX PARCELS NO . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , LOCATED AT 237 CODDINGTON ROAD , FROM RESIDENCE DISTRICT R - 9 TO MULTIPLE RESIDENCE DISTRICT MR " . 5 . Consider SEQR related to a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP TO REZONE TAX PARCELS NO . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , LOCATED AT 237 CODDINGTON ROAD , FROM RESIDENCE DISTRICT R - 9 TO MULTIPLE RESIDENCE DISTRICT MR " . 6 . Considler adoption of a " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP TO REZONE TAX PARCELS N0 . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , LOCATED AT 237 CODDINGTON ROAD , FROM RESIDENCE DISTRICT R - 9 TO, MULTIPLE RESIDENCE DISTRICT MR " . 79 Adjournment 1 1 1 C1 C. Town Engineer ' s Report for the April 12 , 1993 Town Board Meeting . CAPITAL IMPROVEMENTS PROJECTS 1989 Water and Sewer Improvements - Inlet Valley Phase II The Contractor began mobilization the week of April 5 , 1993 and is starting construction on Monday April 12 , 1993 . Construction is starting with the tie- in to the City watermain on Route 13 . 199 :3 Capital Improvement Program The Town Engineering staff is preparing a list of needed Capital Improvement Projects for review at the Public Works Committee prior to a recommendation to the full Board . ADMINISTRATION Development Review The Town Engineer has provided development review services for the following projects . 1 . Iacovelli Subdivision and Rezoning on Coddington Rd . 2 . Bell ' s Warehouse Site Plan Approval Compliance Review and Coordination Several projects have been approved for construction and the Engineering staff has been inspecting work as required . Projects currently in progress include : 1 . Hospicare site plan and construction plan, review 2 . Laketop/Weisburd Subdivision - Review of the sediment and erosion control measures during construction . Excavation and Fill Permits No requests in February Cornell University Precinct 7 GEIS 1 . Review of Revised Document . received by Planning Board February 2 , 19930 A;y4G0. "` I � _ J - I APR 910 Town of Ithaca Highway Superintendent's Report for March 1993 Town Board Meeting April 12, 1993 The month of March gave the Highway and Parks Department an opportunity to show just what it was capable of doing in extremely adverse conditions. The many small snow storms leading up to the "Blizzard of '93 " kept the men and equipment on the go. When the "Blizzard of '93 " arrived, the men had the equipment and themselves ready to go. Throughout the storm they all worked diligently and persevered, with the results being evident in the excellent job done by all. The total amount of time spent on snow removal for March was 1 ,395 . 75 hours with 664 . 25 hours of that time being overtime hours. The Highway Department spent $8,413 . 56 on materials and $8,216. 87 on equipment cost. The Highway Department is ' filing an application to receive funding assistance from the Federal Emergency Management Agency. The total man hours spent in general repairs throughout the Town was 685 . 00 with 38 . 50 hours being credited to overtime. This work included patching pot holes and fixing water damage caused by runoff, etc . A total of 113 . 00 man hours was spent on permanent improvement. The large share of this was the continuation of our sign inventory update. The onset of good weather in April will see the Highway Departmet working on other projects. We will be continuing our sign update program . We will be finishing up the Trumansburg water tank project with Engineering doing ditch work, replacing culverts, and other work associated with the warm weather. -7 APR 1994 L� 1 . .... Parks and Open Space Manager's Report March 199:5 Town Board Meeting April 12, 1993 1 ) Snow removal at all park and trail sites in March required 137. 00 man hours. Parks' contribution to highway snow removal during the Blizzard of '93 totaled 138 . 00 additional man hours. 2) Bluebird nesting box maintenance and construction of twenty-four (24) new boxes required 24. 00 man hours in early March. These new boxes will be installed early in April at several of the more open water tank and pump station sites we maintain. 3) Rich, Dory and Jerry attended the Annual Landscape and Grounds Maintenance Seminar sponsored by Cornell Cooperative Extension held in Owego, NY on March 2, 1993 . Pesticide recertification credits were earned. 4) Various routine maintenance tasks in the parks, workshop, and on equipment took up the rest of our time in March, totaling 313 . 00 man hours. April Parks Projects : 1 ) Brush clearing around fire hydrants. 2) Lawn restorations for Bolton Point. 3) Begin spring plantings. 4) Resume South Hill trail clearing (after snow melts). 5) Service and prepare grounds maintenance equipment. 6) Install new bludbird nesting boxes. f MARCH 93 SNOW REMOVAL NO . DESCRIPTION RATE TOTAL HOURS TOTAL 1 89 Mack 10 . 34 124 . 50 $ 1 , 287 . 33 2 88 Mack 14 .41 135 . 75 $ 1 , 956 . 16 5 87 Ford 11 . 06 133 . 00 $ 1 ,470 . 98 7 85 Ford 10 . 06 4 . 00 $40 . 24 8 93 Mack 14 . 50 152 . 00 $ 20204 . 00 12 90 Dodge 3/4 2 . 05 3 . 50 $7 . 18 15 91 Dodge # 1 1 .45 133 . 00 $ 192 . 85 17 90 Chevy 2 . 50 10 . 00 $ 25 . 00 TOTAL EQUIP HRS 18 89 Dodge 2 .40 24 . 00 $ 57 . 60 908 . 50 32 Loader 3 . 50 114 . 50 $400 . 75 43 nn lvlat .� 8 . 00 63 . 75 $510 . 00 TOT EQUIP COST 37 Gradeall 6 . 17 10 . 50 $64 . 79 $8 , 216 . 87 PERSONNEL REG HRS O/T HRS COST BARRY 42 . 00 43 . 25 $940 . 50 EIGHMEY 88 . 00 38 . 25 $872 . 25 HOWELL 58 . 00 47 . 75 $777 . 75 HULBERT 91 . 50 70 . 25 $ 2 , 677 . 50 KREBS 16 . 00 13 . 75 $ 521 . 91 MANNING 91 . 00 60 . 25 $ 2 , 022 . 33 TOTAL REG HOURS McCOY 72 . 00 60 . 50 $ 1 , 806 . 53 731 . 50 NOTEBOOM 61 . 50 75 . 50 $ 1 , 887 . 30 REDMAN 84 . 00 67 . 50 $ 1 , 991 .44 TOTAL Of HOURS SALMI 84 . 00 60 . 75 $ 1 , 891 . 35 664 . 25 MAYE 11 . 50 31 . 00 $464 . 00 TOTAL MAN HOURS TENKATE 12 . 00 44 . 25 $901 . 31 1395 . 75 STROSNIDER 20 . 00 47 . 50 $821 . 25 SCHOCH 3 . 75 $81 . 63 TOTAL M/H COST TEMPORARY $ 170657 . 05 SEASONAL MATERIALS UNIT COST Salt 20 . 28 $7 , 899 . 06 Sand 7 . 00 $ 514 . 50 TOTAL MAT COSTS $8 ,413 . 56 TOTAL COST GRAND TOTAL $ 34 , 287 .47 MARCH 93 MACHINERY N0 , DESCRIPTION RATE TOTAL HOURS TOTAL 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 TOTAL EQUIP HRS 0 . 00 $ 0 . 00 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 TOT EQUIP COST 0 . 00 $ 0 . 00 $ 0 . 00 PERSONNEL REG HRS 0/T HRS COST BARRY 2 . 50 0 . 00 $ 22 . 00 FIr, HMFY R nO n no TZAR 00 HOWELL 22 . 00 0 . 00 $ 132 . 00 HULBERT 16 . 00 0 . 00 $ 217 . 60 KREBS 0 . 00 0 . 00 $ 0 . 00 MANNING 20 . 00 0 . 50 $ 231 . 36 TOTAL REG HOURS McCOY 34 . 00 0 . 00 $ 377 .40 283 . 50 NOTEBOOM 0 . 00 0 . 00 $ 0 . 00 REDMAN 38 . 00 0 . 00 $408 . 50 TOTAL 0/T HOURS SALMI 36 . 00 0 . 00 $ 388 . 80 7 . 50 MAYS 107 . 00 7 . 00 $940 . 00 TOTAL MAN HOURS TENKATE 0 . 00 0 . 00 $ 0 . 00 291 . 00 STROSNIDER 0 . 00 0 . 00 $ 0 . 00 SCHOCH 0 . 00 0 . 00 $ 0 . 00 TOTAL M/H COST TEMPORARY 0 . 00 0 . 00 $ 0 . 00 $ 2 , 765 . 66 SEASONAL 0 . 00 0 . 00 $ 0 . 00 MATERIALS UNIT COST $ 0 . 00 $ 0 . 00 TOTAL MAT COSTS $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $0 . 00 $ 0 . 00 TOTAL COST GRAND TOTAL $21765 . 66 MARCH 93 PERMANENT IMPROVEMENTS 0 , DESCRIPTION RATE TOTAL HOURS TOTAL 14 91 Dodge # 1 2 . 15 30 . 50 $ 65 . 58 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 TOTAL EQUIP HRS 0 . 00 $ 0 . 00 30 . 50 0 . 00 $ 0 . 00 0 . 00 $ 0 . 00 TOT EQUIP COST 0 . 00 $ 0 . 00 $65 . 58 PERSONNEL REG HRS O/T HRS COST BARRY 46 . 50 0 . 00 $409 . 20 EIGHMEY 0 . 00 0 . 00 $ 0 . 00 HOWELL 0 . 00 0 . 00 $ 0 . 00 HULBERT 0 . 00 0 . 00 $ 0 . 00 KREBS 0 . 00 0 . 00 $ 0 . 00 MANNING 0 . 00 0 . 00 $ 0 . 00 TOTAL REG HOURS McCOY 0 . 00 0 . 00 $ 0 . 00 113 . 50 NOTEBOOM 30 . 50 0 . 00 $ 329 .40 REDMAN 0 . 00 0 . 00 $ 0 . 00 TOTAL O/T HOURS SALMI 0 . 00 0 . 00 $ 0 . 00 0 . 00 MAYE 36 . 50 0 . 00 $ 292 . 00 TOTAL MAN HOURS TENKATE 0 . 00 0 . 00 $ 0 . 00 113 . 50 STROSNIDER 0 . 00 0 . 00 $ 0 . 00 SCHOCH 0 . 00 0 . 00 $ 0 . 00 TOTAL M/H COST TEMPORARY 0 . 00 0 . 00 $ 0 . 00 $ 1 , 030 . 60 SEASONAL 0 . 00 0 . 00 $ 0 . 00 MATERIALS UNIT COST $ 0 . 00 $ 0 . 00 TOTAL MAT COSTS $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 TOTAL COST GRAND TOTAL $ 1 , 096 . 18 t MARCH 93 GEN , REPAIRS NO . DESCRIPTION RATE TOTAL HOURS TOTAL 1 89 Mack 10 . 34 12 . 00 $ 124 . 08 3 90 Mack 8 . 00 4 . 5U $ 36 . 00 7 AR Fnrrl 1 (1 (1F ?n no - 9 (11 20 8 93 Mnt;k 14 . 50 20 . 50 $ 297 . 25 14 91 Dodge # 1 2 . 15 1 . 00 $ 2 . 15 15 91 Dodge #1 1 .45 95 . 00 $ 137 . 75 17 90 Chevy 2 . 50 83 . 50 $ 208 . 75 18 89 Dodge 2 .40 44 . 50 $ 106 . 80 TOTAL EQUIP HRS 32 Loader 3 . 50 3 . 50 $ 12 . 25 330 . 00 37 Gradeall 6 . 17 45 . 50 $ 280 . 74 0 . 00 $ 0 . 00 TOT EQUIP COST 0 . 00 $ 0 . 00 $ 1 ,406 . 97 PERSONNEL REG HRS O/T HRS COST BARRY 71 . 00 0 . 00 $624 . 80 EIGHMEY 77 . 00 0 . 00 $462 . 00 HOWELL 93 . 00 0 . 00 $ 558 . 00 HULBERT 52 . 50 11 . 00 $938 .40 KREBS 88 . 00 3 . 50 $ 1 , 328 . 81 01 MANNING 57 . 00 2 . 50 $677 . 36 TOTAL REG HOURS McCOY 36 . 00 0 . 00 $ 399 . 60 646 . 50 NOTEBOOM 82 . 50 21 . 50 $ 1 , 239 . 30 REDMAN 39 . 00 0 . 00 $419 . 25 0 . 00 SALMI 49 . 00 0 . 00 $ 529 . 20 38 . 50 MAYE 1 . 50 0 . 00 $ 12 . 00 0 . 00 TENKATE 0 . 00 0 . 00 $ 0 . 00 685 . 00 STROSNIDER 0 . 00 0 . 00 $ 0 . 00 SCHOCH 0 . 00 0 . 00 $ 0 . 00 TOTAL M/H COST TEMPORARY 0 . 00 0 . 00 $ 0 . 00 $7 , 188 . 73 SEASONAL 0 . 00 0 . 00 $ 0 . 00 MATERIALS UNIT COST Cold Patch 17 . 36 $ 173 . 60 Calcium 9 . 89 $ 19 . 78 TOTAL MAT COSTS Limestone 6 . 00 $ 240 . 00 $433 . 38 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 $ 0 . 00 TOTAL COST GRAND TOTAL $ 9 , 029 . 07 Agenda # 3 -D TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF MARCH 1993 YEAR TO DATE TYPE OF # OF # OF PERMIT YEAR PERMITS AMOUNT PERMITS AMOUNT SINGLE FAMILY ATTACHED 1993 0 0 0 0 RESIDENCES 1992 0 0 0 0 SINGLE FAMILY DETACHED 1993 3 297 , 000 7 625 , 395 RESIDENCES 1992 4 385 , 000 8 755 , 000 1993 0 0 0 0 TWO FAMILY RESIDENCES 1992 0 0 0 0 1993 1 8 , 500 3 18 , 500 RENOVATIONS 1992 0 0 3 57 , 000 1993 1 8 , 000 2 18 , 000 CONVERSIONS OF USE 1992 0 0 2 31 , 000 1993 3 154 , 900 4 157 , 900 ADDITIONS TO FOOTPRINT 1992 1 62 , 000 1 62 , 000 1993 0 0 0 0 MULTIPLE RESIDENCES 1992 0 0 0 0 BUSINESS 1 TC Hospital 18 , 750 Chemotherapy Unit 1 Storefront East 7 , 500 Hill Plaza 1993 2 26 , 250 3 217 , 981 1992 0 0 0 0 1993 0 0 0 0 AGRICULTURAL 1992 0 0 0 0 1993 0 0 0 0 INDUSTRIAL 1992 0 0 0 0 EDUCATIONAL 1993 1 Cornell Univ . 20 , 000 1 20 , 000 1992 0 0 0 0 MISCELLANEOUS East Hill Plaza Fire CONSTRUCTION Safety Corrections 1993 1 1 , 690 9 134 , 990 1992 2 33 , 000 9 94 , 475 TOTAL NUMBER OF 1993 12 516 , 340 30 1 , 192 , 766 PERMITS ISSUED 1992 7 480 , 000 23 999 , 475 TOTAL FEES 1993 12 1 , 370 30 2 , 905 RECEIVED 1992 7 11335 23 2 , 745 Date Prepared : April 5 , 1993 Andrew S . Frost Building Inspector / Zoning Enforcement Officer TOWN OF ITHACA Monthly Report - March 1993 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTEi _ 9 1 , 136 Seven Mile Drive - Lot # 69 - New mobile home lot . 2 . 129 Ridgecrest Road - New attached garage and storage . 3 . 115 Williams Glen Road - New single family dwelling . 41 201 Dates Drive - TC Hospital - Renovation of Room 102 , 5 . 955 Coddington Road - New garage / barn . 6 . 139 Whitetail Drive - New single family dwelling . 7 . 4 Winners Circle - New single family dwelling . 8 . 14 tiarcy Court - New single family dwelling . 9 . 67 Whitetail Drive - Existing single family dwelling . TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1993 44 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1992 36 COMPLAINTS INVESTIGATED THIS MONTH 7 11 1477 Slaterville Road - building code - pending . 2 . 1403 Slaterville Road - building without permit - no violation found . 3 . 1081 Taughannock Boulevard - building code - abated . 4 . 288 Hayts Road - building without permit - pending . 5 . 16 Judd Falls Road - fire safety - abated . 6 . 340 Coddington Road - vehicles - pending . 7 . 206 Pine Tree Road - occupancy - pending . From February 1993 : 1 , 1028 Ellis Hollow Road - fire safety violations - pending . 2 . 658 Elmira Road - zoning use violation - abated . 31 155 Poole Road - ZBA conditions violated - pending . From January 1993 : 11 303- 305 Sheffield Road - property maintenance - pending . 2 . 119 Williams Glen Road - soil fill violation - pending . From December 1992 : 1 . East Hill Plaza - fire lane signage - abated . From November 1992 : 11 172 Calkins Road - property maintenance - pending . 2 . 111 Joanne Drive - building without a permit - pending . From May 1992 : 1 , 929 Danby Road - building code - pending appeal before NYS . From tHay 199ro : 10 110 Buttermilk Falls Road - building code - pending appeal before NYS . TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1993 18 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1992 14 TOTAL FIELD VISITSTHISMONTH , 111 105 Uniform Building Code - 60 Local Law and Zoning Inspections - 25 Fire Safety - 12 ( TC Hospital , 1 motel , 3 storefronts , 2 restaurants , 2 churches , 3 apartment properties [ 61 buildings 368 units ) ) Fire Safety Reinspection - 2 ( Town Highway , TC Hospital ) Fire Occurrences - 3 ( 1 college - heater , 2 houses - woodstove and kitchen stove ) Fire Occurrence Reinspection - 3 TOTAL FIELD VISITS YEAR TO DATE - 1993 276 TOTAL FIELD VISITS YEAR TO DATE - 1992 274 TOTAL SIGN PERMITS TiiIS MONTH 0 TOTAL SIGN PERMITS YEAR TO DATE - 1993 1 TOTAL SIGN PERMITS YEAR TO DATE - 1992 2 ZONING BOARD OF APPEALS 1 MEETING - 4 NEW CASES - AGENDA ATTACHED j TOMT OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS 16IEDNESDAY , HARCH 24 . 1993 7 : 00 P . 11 . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Tovm of Ithaca on 1•lednesday , March 24 , 1993 , in Tocrn Hall , 126 East Seneca Street , ( FIRST Floor , PEAR Entrance , LATEST Side ) ; Ithaca , N . Y . , CCTIENCING AT 7 : 00 P . M . , on the following matters : APPEAL. OF SUSAN 1.1EITZ , AP : ELLANT , PEQUESTING A VARIANCE FROH THE REQUIREMENTS OF ARTICLE IV SECTION 11 AND 12 , Cc THE TOWN OF Irl,HACA ZONLIG ORDINANCE TO P EF13IT THE OPE ? y:=O '1 OF A BED c=` A,'ID BREAKFAST FOR U? TO FOUR LODGERS AT 312 SALE11 DRIVE , ON TOTIlif OF ITHhCa TAX PARCEL NO . 70 - 9 - 5 , RESIDENCE DISTRICT R- 15 . APPEAL OF RICHARD BRU�10 , II , O11NER , P.IC: i.�RD BRUNC , P.PFELL :UIT , REQUESTING A VaRLzSCE FR01-I Ti-=E �REQUIRE11ENTS OF ART =CLE IV , SECTION 14 , OF THE TOML OF ITHACA ZONING ORDINANCE , TO PEFIJI :' A SINGLE -FAIIIL'� PE,SIDENCE WITH A REAR YARD BUILDING SETBACK OF 29 . 3 FEET + ( 20 FEET BEING r ^`Qc REQ•UIP.ED ) , LOCATED .' 4 WINNERS CIRCLE , TOWN OF ITHACA TAX P?.RCEL NO . 52 - 1 - 8 . 6 , RESIDENCE `J DISTRICT R - 15 , APPEAL OF ERUCE G . RIGHT � : fR , APPELLANT , REQUESTING A MODIFICATION CF THE CONDITIONS OF A Ak SPECIAL APPROVAL GRANTED UNDER ARTICLE {II , SECTION 54 , OF THE TOTADT OF ITHACA ZONING ORDINANCE BY THE ZONING BOARD OF AFPEALS ON SEPTE1MER 23 , 19921 TO BE PERMITTED• TO HAVE PLUMBING WITHIN AN ACCESSORY BUILDING LOCATED AT 155 POOLE RGAn , TCIITI OF ITHACA TA�r PARCEL �= NO 32 - 1 - 1 , AGRICULTURAL DISTRICT ( R - 30 REGULATIONS APPLY ) . SAID BOARD IN THEIR CONDITIONS ^Z ILL BE NO PLUMBING TO THE BUILDING AND THE TUB THAT IS OF APPROVAL STATED " THAT THERE 11 THERE NOW , WILL BE REMOVED " . APPEAL OF DAVID BOULSBY , APPELLANT , REQUESTING A SPECIAL APPROVAL UNDER ARTICLE KII , SECTION 54 , AND / OR VARIANCES FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , AND .ARTICLE YIII. , Q) SECTION 68 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PER --[ITTED TO HAVE A SECOND L RESIDENTIAL BUILDING ON A NON-CONFORMING BUILDING LOT LOCATED AT 829 TAUGF7.ANNCCK BOULEVARD , J. T014TN OF ITHACA TAX PARCEL NO . 25 - 2 - 38 , RESIDENCE DISTRICT R - 15 , SAID ORDINANCE PER14ITS Qm ONLY ONE RESIDENTI=..L BUILDING ON A PARCEL OF LAND . THE APP LL vT PROPOSES TO i°fAIi1T.�IN A BUILDING MEETING THE DEFINITION OF A DWELLING UNIT , ON CAYUGA LAKE ( BE741EEP1 THE HIGH 141ATER AND LOW WATER MARK ) , AND USE THE BUILDING FOR PERSONAL ACCESSORY USE . Said Zoning Board or Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matt =.: rs or objections thereto . Persons may appear by agent or in person . Andrew S . Frost Building Inspector / Zoning Enforcement Officer 273 - 1783 Dated : March 16 , 1993 Publish : March 19 , 1993 l Zd r ao r-+ kD � rI 0 m 0 � N m oo t E O N qz:r cr CN E r-I U' z r : 00 r-+ t.0 H Ul w l0 lD m !-1 lD lD lD lD r-1 lD d' W ( r-1 GO N (y a w O cL r-+ (Y) C\i z 0 H E U] A4 Ln tn 0 W m m to N W 124 A E w z m W E H m Ol m m aU) o a4 0 w Q m w z w m m i ' w z Ln Ln CN Ln w N [*a co L E Q A ° z 1 Q 0 E z Q >-4 H H 0 m m m >do a L; H H a7 r� m m r M W W U l0 m m u O O m � I O n � m m m m za0 � m H a 14 00 � � 00 0 01 00 h /H z H W H a E Ln LO' W X. r I t+7 war.a m m z to m m QH E Ln H � (n m m CO W N r-i C A fa Sa 7+ C r l > )) > U 4-3 h C+a Q <. h h U1 0 z Q E 1 MEMORANDUM TO: Town Board Members FROM: Floyd Forman, Town Planner DATE: April 9, 1993 RE : Planning Department Activity Report. The following is a synopsis of Planning Department activity for the period March 6, 1993 through April 9, 1993 : Planning Board Comprehensive Plan The Planning Board held three neighborhood meetings on the Comprehensive Plan, one on eOLch of the three hills . Each of the three meetings began with a presentation on the Plan, followed by public comment. All of the meetings were well attended . The Planning Board will now consider the comments made at each of the three meetings and make changes to the Plan they deem appropriate . Development Review In addition to the three neighborhood meetings dealing with the Comprehensive Plan, . the Planning Board met on March 16, and March 30 . At the meeting of March 16, Tom Bell' s site plan at 612 Elmira Rd . was approved with conditions . Mr. Bell was allowed to use up to 4, 000 square feet of his 12, 000 square foot warehouse for retail use . At the same meeting, the Planning Board also listened to public comment on the proposed Steep Slope EPOD . At the March 30 meeting, the Planning Board dealt with site plan and subdivision approval for Orlando Iacovelli, and the Cornell GEIS . The Planning Board approved a modification of the Klondike subdivision, and it also approved a site plan for additional units within the existing two apartment buildings and a new 6 unit apartment building at 237 Coddington Rd . S i 237 Coddington Rd . is on the Town Board ' s agenda for rezoning from R- 9 to a Multiple Residence District at a special Town Board Meeting tentatively scheduled for April 20 . .Attached are copies of the two Iacovelli resolutions; one for site plan approval, and the other for subdivision . Cornell Generic Environmental Impact Statement (GEIS ) On March 30, the Planning Board determined that the revised GEIS was not yet satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review . A copy of the Planning Board resolution with the reasons for their decision is attached . Conservation Advisory Council (CAC) Planning staff is assisting the CAC with its recommendation to the Town Board on a policy concerning site development or subdivision in any area with potential wetlands . Miscellaneous Staff . continues to work on construction drawings for the South Hill Trail . Staff is continuing to work on revisions to the Town' s election districts . Staff continues to work with the MPO Planning Committee to develop a budget, work program, and transportation plan for the Policy Committee ' s approval . Staff met with individuals requesting assistance with development projects . Staff worked with Stuart Brown Associates on a grant proposal for money to assist with environmental review of the Comprehensive Plan . Staff is developing a grant proposal for study of an old Indian village in Inlet Valley. The Department is working with County Planning for some part time help until a new Planner I is hired . Item number 40 on your agenda is a contract for services with Tompkins County . i e l ADOPTED RESOLUTION Preliminary and Final Subdivision Approval Modification of Klondike Subdivision Coddington Road Planning Board , March 30 , 1993 MOTION by Stephen Smith , seconded by Candace Cornell : WHEREAS : 1 This action is the consideration of Preliminary and Final Subdivision Approval for the proposed modification of lot lines and consolidation of Town of ]Ithaca Tax Parcels No . 53 - 1 - 23 . 1 , - 23 . 21 - 23933 - 23 . 4 , - 23953 - 23 . 61 - 23 . 7 , - 23 . 8 , - 23 . 9 , - 23 . 10 , - 23 . 11 , - 23 . 12 ,- 23 . 13 , - 23 . 14 , - 23 . 15 , and - 23 . 1. 6 , comprising the " Klondike Manor " subdivision , into five ( 5 ) lots : 2 . The proposed modification of the Klondike Subdivision is part of an overall development plan for several properties owned by the applicant that includes action by the Town of Ithaca Town Board to rezone Town of Ithaca Tax ParcE!ls No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR to allow for the construction of one ( 1 ) six - unit , 18 bed apartment building and the conversion of two ( 2 ) existing two - unit , 16 bed apartment buildings to two ( 2 ) four- unit buildings housing a total of 28 beds , and 3 . Said development plan includes the reduction in the scope of the Klondike Subdivision from the 12 homelots for which the Town of Ithaca Planning Board granted Final Subdivision Approval on December 19 , 1989 , to 4 homelots , as shown on the proposed plat entitled " Final Subdivision Plat , Klondike Manor " prepared by Lawrence Fabbroni , PE , LS , and dated January 9 „ 1989 and revised November 9 , 1989 , December 18 , 1989 , and March 8 , 1993 , and the donation to the Town of Ithaca for public park purposes of approximately 3 . 5 acres of land , and 4 . The Planning Board , at a Public Hearing held on March 30 , 1993 , has reviewed the Long Environmental Assessment Form Part I prepared by the applicant , a Part II prepared by the Town planning staff , a subdivision plat entitled " Final Subdivision Plat , Klondike Manor " prepared by Lawrence Fabbroni , PE , LS , and dated January 9 , 1989 and revised November 9 , 1989 , December 18 , 1989 , and March 8 , 1993 , and other application materials , and 5 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review with respect to subdivision approval , has , on March 30 , 1993 , made a negative determination of significance . s t NOW, THEREFORE , BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval , as shown on the Preliminary and Final Subdivision Checklist , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board . 2 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval to the subdivision plat entitled " Final Subdivision Plat , Klondike Manor " prepared by Lawrence Fabbroni , PE , LS , and dated January 9 , 1989 and revised November 9 , 1989 , December 18 , 1989 , and March 8 , 1993 , subject to the following conditions : a . The granting by the Planning Board of Site Plan Approval for the site plan entitled " Final Site Plan , East I . C . Entrance Apartments " prepared by Lawrence Fabbroni , PE and dated March 12 , 1993 ; b . The approval by the Town of Ithaca Town Board of the request to rezone Town of Ithaca Tax Parcels No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR to allow for the improvements proposed in the site plan entitled " Final Site Plan , East I . C . Entrance Apartments " prepared by Lawrence Fabbroni , PE and dated March 12 , 1993 ; c . Transfer of title to the Town of Ithaca for the +/ - 3 . 5 acres of land designated as " Open Space " on the plat proposed to be donated to the Town of Ithaca for public park purposes , including as part of the donation the 0 . 147 +/ - acre parcel located within the former Delaware , Lackawanna , and Western railroad right of way such transfer to occur concurrently with the Town Board action on rezoning ; d . Approval by the Town Attorney of all restrictive covenants , including the requirements that any single - or two family home built on Lots No . 2 , 3 , and 4 of the proposed plat be occupied by the owner of the structure , that no further subdivision of Lot No . 4 shall be allowed and that upon any transfer of Lot 1 from the Iacovelli family , that property shall be occupied by the owner of the property ; i 1 e . Submission to the Town Planning Department of an original or mylar copy , and four dark- line prints or full- size photocopies of the plat to be recorded , f . The granting , if necessary , of a sewer easement to the Town of Ithaca for the existing public sewer line across the property . Aye - Grigorov , Kenerson , Cornell , Langhans , Smith . Nay - Lesser . CARRIED 3/31/93 ( filename : \DEVREVS\KLONDIKE\KLONSUBD . FIN ) i ADOPTED RESOLUTION Preliminary and Final Site Plan Approval 237 Coddington Road Planning Board , March 30 , 1993 MOTION by Stephen Smith , seconded by Virginia Langhans : WHEREAS 19 This action is the consideration of Preliminary and Final Site Plan Approval for the construction of one ( 1 ) six - unit , 18 bed apartment building and the conversion of two ( 2 ) existing two - unit , 16 bed apartment buildings to two ( 2 ) four- unit buildings housing a total of 28 beds , located at 237 Coddington Road , Town of Ithaca Tax Parcels Nos . 54 - 7 - 41 and 54 - 7 - 43 , and 2 . The Town. of Ithaca Town Board on January . 11 , 1993 received an application to rezone Town of Ithaca Tax Parcels No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR to allow for the construction of one ( 1 ) six - unit , 18 bed apartment building and the conversion of two ( 2 ) existing two - unit , 16 bed apartment buildings to two ( 2 ) four - unit buildings housing a total of 28 beds , and on January 11 , 1993 referred said application to the Town of Ithaca Planning Board for their recommendations pursuant to the Town of Ithaca Zoning Ordinance , Article IX , Section 46 , no . 1 , and 3 . The proposed rezoning is part of an overall development plan for the property at 237 Coddington Road and that tract of land known as the " Klondike Subdivision ". for which the Town of Ithaca Planning Board granted Final Subdivision Approval for 12 homelots on December 19 , 1989 , and 4 . Said development plan includes the reduction in the scope of the Klondike Subdivision from 12 homelots to 4 homelots , and the donation to the Town of Ithaca for public park purposes of approximately 3 . 5 acres of land , and 50 The Planning Board , at a Public Hearing held on March 30 , 1993 , has reviewed the Long Environmental Assessment Form Part I prepared by the applicant , a site plan entitled " Final Site Plan , East I . C . Entrance Apartments " prepared by Lawrence Fabbroni , PE and dated March 12 , 1993 , and other application materials , and 6 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review with respect to site plan approval , has , on March 30 , 1993 , made a negative determination of si ficanc gnie: . 1 ,. s l NOW , THEREFORE , BE IT RESOLVED : 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval , as shown on the Preliminary and Final Site Plan Checklist , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied lily the Town Board , and 2 . That the Planning Board hereby grants Preliminary and Final Site Plan Approval. to the site plan entitled " Final Site Plan , East I . C . Entrance Apartments " prepared by Lawrence Fabbroni , PE and dated March 12 , 1993 , subject to the following conditions : a . The granting by the Planning Board of Final Subdivision Approval for the modified plat for the Klondike Tract as shown on the plat entitled " Final Subdivision Plat , Klondike Manor " prepared by Lawrence Fabbroni , PE , dated January 1989 and revised November 9 , 1989 , December 18 , 1989 , and March 8 , 1593 , including all relevant deed covenants and restrictions ; b . The: approval by the Town of Ithaca Town Board of the request to rezone Town of Ithaca Tax Parcels No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR to allow for the improvements proposed in the site plan entitled " Final Site Plan , East I . C . Entrance Apartments " prepared by Lawrence Fabbroni , PE and dated March 12 , 1993 ; c . Transfer of title to the Town of Ithaca for the 3 . 5 acres of land proposed to be donated to the Town of Ithaca for public park purposes ; b the Town of Ithaca Zoning and of Appeals of d . The granting y g Bo pp Special Approval for the proposed modifications to the existing two apartment buildings , and for expansion of the existing parking lot ; e . Submission to the Town Planning Department of an original or mylar copy of the final site plan prior to the issuance of any building permit ; f . Submission for approval by the Town Engineer of site drainage plan , including on - site retention facilities , and a site grading plan describing the volumes of cut and fill materials and their composition , and including elevations of all proposed buildings prior to the issuance of any building permit ; g . Submission to the Town Engineer of an estimate of the cost of improvements ( excluding the purchase cost of land ) to be prepared by a :registered architect or professional engineer ; 4 Z � . h . Submission for and approval by the Town Engineer of construction details of all proposed structures , roads , water/ sewage facilities , and other proposed improvements , and detailed sizing and final material specifications of all proposed improvements ; i . The grant , if necessary , of a sewer easement to the Town of Ithaca for the existing public sewer line across the property ; j . The use of reasonable effort to prevent parking along the entranceway between the two four unit buildings , including towing vehicles if necessary ; k . Approval by the Town Engineer and the Tompkins County Highway Department of the curb cuts and driveway access ; 19 Submission to and approval by the Town Planner of a landscape and buffer plan . Aye - Grigorov , Kenerson , Langhans , Cornell , Smith . Nay - Lesser . CARRIED 3/ 31/ 93 ( filename : \DEVREVS\KLONDIKE\KLONSPA . FIN ) ADOPTED RESOLUTION REGARDING COMPLETENESS OF THE REVISED DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT SUBMI 'T' TED BY CORNELL UNIVERSITY TO THE TOWN OF ITHACA PLANNING BOARD ON FEBRUARY 2 , 1993 MOTION by William Lesser , seconded by Candace Cornell : WHEREAS , Cornell University ( " Cornell " ) has requested the Town of Ithaca to consider rezoning certain lands of Cornell in the " Precinct 7 " area off of Route 366 from Residence District R - 30 to a Special Land Use District or similar district ; and WHEREAS , the Town of Ithaca Planning Board has been designated lead agency under the State Environmental Quality Review Act and related local provisions and regulations ; and WHEREAS , Cornell offered to submit a Generic Environmental Impact Statement ( " GEIS " ) in view of all of the activity previously undertaken , tentatively planned , and considered .in the future in and around the area proposed for rezoning , and the Planning Board , with the consent and active encouragement of Cornell has found that the all of such activity warrants the preparation and submission of a GEIS ; and WHEREAS , on May 19 , 1992 , Cornell submitted a Draft Generic Environmental Impact Statement ( " DGEIS ) ; and WHEREAS , there has been intense review by the Town ' s staff and Planning Consultant of the DGEIS pursuant to 6 NYCRR Part 617 ( the " SEQR Regulations " ) , and particularly Sections 617 . 8 , 617 . 14 and 617 . 15 of the SEQR Regulations to determine its scope , content , and adequacy for the purpose of commencing public review ; and WHEREAS , this Board by resolution adopted on August 18 , 1992 determined that the DGEIS was not yet adequate for submission to the public for review and enumerated the reasons for this determination ; and WHEREAS , Cornell has revised the DGEIS and resubmitted same to this Board on February 2 , 1993 ; and WHEREAS , there has been further review by the Town ' s staff and planning consultant resulting in recommendations regarding the adequacy of the DGEIS for submission contained in a memorandum of the Town Planner to this Board ; and WHEREAS , the Planning Board has further reviewed the DGEIS and reached a conclusion as to the adequacy of the DGEIS for submission to the public for review ; THEREFORE , IT IS RESOLVED , that at this time the Planning Board finds that the DGEIS is still not yet satisfactory with respect to its scope , content , and adequacy for the purpose of commencing public review for , among others , the following reasons : I I . Traffic counts requested by the Planning Board ' s August 18 , 1992 resolution have not been provided . These counts , taken by Tompkins County in the • R f Forest Home area , are somewhat different from the traffic counts taken by Cornell and suggest a somewhat higher background traffic growth . These items need to be included in the DGEIS and discussed . 2 . Appendix B entitled " New York State Highway Sufficiency Ratings For State Roads Within Ithaca" is a table that is virtually impossible to comprehend . Nor is this table discussed in any meaningful manner in the text of the DGEIS . The information pertinent to the area should be extracted , explained and presented in a manner that is understandable to the public and to this Board . 3 . Appendix C is similarly deficient . The average reader will not understand what is being presented in the Appendix , the abbreviations will. be difficult for the public to interpret , and it is extremely difficult to locate the data along the roads in the absence of a map showing the reference markers referred to in Appendix C . 4 . The proposed rezoning is not adequately described . In particular the performance standards for proposed and conditional uses applicable to Cornell ' s development plan should be presented such as noise , odors , and air quality standards , and other standards which in the professional judgment of the applicant are found appropriate . S . There is only minimal discussion of the types of improvements which might warrant cost sharing between Cornell and the Town and possible methods for determining the relative share each party should pay for such improvements . There needs to be articulated specific examples of improvements and consideration of specific methods for allocating costs . 6 . The Appendix submitted on February 2 , 1993 needs to be incorporated into the prior volumes 2 and 3 containing Appendix and reference material . AND IT IS FURTHER RESOLVED , that a copy of this resolution be provided to Cornell together with any other materials deemed appropriate by the Chair of this Board , or the Town Planner to assist Cornell in further revising the DGEIS to make it complete and adequate for the purpose of commencing public review . Aye - Grigorov , Kenerson , Cornell , Langhans , Smith , Lesser . Nay - None . CARRIED UNANIMOUSLY 4/ 1/ 93 i Agenda 3 - F fly OF IT� ° TOWN OF ITHACA FINAL 2 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1747 TOWN OF ITHACA RECEIVER OF TAXES March 1993 Monthly Report 1993 Tax Warrant - Town of Ithaca Amounts Paid To Supervisor Total Town Warrant * 1 / 93 $ 391619380 . 64 In Lieu of Taxes : 1993 29 532 . 16 Checking Account Interest Earned : 1 / 93 601 . 85 Installment Fee Reimbursement : 1 / 93 370 . 00 Interest & Penalties on Taxes Paid : 2 / 93 1 643 . 51 Checking Account Interest Earned : 2 / 93 3 . 36 March Taxes Collected : 86 . 620 . 99 Interest & Penalties Collected : + 1 , 732 . 52 Total Collected - March 1993 : $ 88 , 353 . 51 1993 In Lieu of Taxes Total Billed $ 67x567 . 51 Total Payments - 1 / 93 299532 . 16 Total Payments - 2 / 93 - 0 - Total Payments - 3 / 93 - 0 - Balance Due : $ * * 389035 . 35 * * Balance Due will include payment from Ithaca Elm / Maple Houses Incorporated „ West Village Place , amount unknown until received . Payment based upon gross basic rents , calculated by HUD . 1993 Tax Warrant - Tompkins County Total County Warrant : $ 3 . 197x716 . 26 2 / 9 / 93 Payment : 1st Payment 1993 Warrant - 19800 . 000 . 00 2 / 12 / 93 Payment : 2nd Payment 1993 Warrant - 100 , 000400 3 / 03 / 93 Payment : 3rd Payment 1993 Warrant - 60x000 . 00 3 / 09 / 93 Payment : 4th Payment 1993 Warrant - 509000 . 00 3123 / 93 Payment : 5th Payment 1993 Warrant - 30 , 000 . 00 3131 / 93 Payment : 6th Payment 1993 Warrant - 309000 . 00 Balance Due : $ 1 , 1279716 . 26 t RECEIVER OF TAXES March 1993 Monthly Report Page 2 . 1993 Tax Warrant - Tompkins County - Cont ' d Misc . Payments to Tompkins County : 1 / 29 / 93 Service Charge Installments $ 14 . 170 . 33 3 / 31193 Interest on Checking ( 1 / 93 . 2 / 93 ) 928 . 45 Agenda 3 -F FI NAL Town of Ithaca Receiver of Taxes Checking Account Interest 1 / 93 Interest Received 1 / 31 / 93 $ 654 . 18 Ithaca Share Based Upon : Tax Warrant $ 3 . 161 . 380 . 64 In Lieu of Tax , TC Medical Bldg . 8 704 . 07 In Lieu of Tax . NCR 20 . 828 . 09 Balance Checking Account 12 / 31 / 92 13 . 59 Total Town of Ithaca Funds : $ 39190 , 926 . 39 January 1993 Total Deposits & Credits To Checking : $ 39474 , 975 . 65 Calculation of Percentage of Interest : $ 3 , 190 , 926 . 39 ( Ithaca Total ) , Divided by $ 3 , 474 , 975 . 65 ( Total Deposits & Credits to Checking ) =: 92 % ( Town of Ithaca Share of Interest ) . Interest Percentage 1 / 31 / 93 : Town of Ithaca 92 % Tompkins County 8 % 100 % Town of Ithaca Tompkins County Chkg . Interest Rec ' d : $ 654 . 18 Chkg . Interest Recd : $ 654 . 18 X 92 % X 8 % Town of Ithaca Share : $ 601 . 85 Tompkins County Share : $ 52 . 33 ' Calculation of interest based on percentage of funds for each entity rather than rate because of the large changes in the daily balance . i Town of Ithaca Receiver of Taxes Checking Account Interest 2 / 93 Interest Received 2 / 28 / 93 : $ 879 . 48 Ithaca Share Based Upon : Interest & Penalties of Taxes Collected $ 19643 . 51 Total Town of Ithaca Funds : $ 1 . 643 . 51 Calculation Ithaca Share of Interest : $ 1643 . 51 ( Total Ithaca Funds ) x 2 . 75 % ( Rate ) Divided by 365 ( Days Per Year ) x 28 ( Days in Month ) = $ 3 . 36 ( Town of Ithaca Share of Interest ) . Total Checking Interest Received 2 / 93 : $ 879 . 48 Town of Ithaca Share : - 3 . 36 Tompkins County Share : $ 876912 r t BUILDERS To : Town Board Town of Ithaca From : Jim Hilker 255 Burns Rd . Ithaca , NY April 12 , 1993 Dear Board Members , I own two lots on Kendall Ave in the town . These lots and roads were created and mapped back in 1895 by the Ithaca Land Company , prior to any town policy of aquiring road ownership . My Western most parcel lies about 250 feet from where the existing pavement ends . A 12 " thick road base , ditches and a culvert were installed in accordance with town specs of the late 1970 ' s . This is visually evident today . My intention is to build a single family , affordable house on the: Western parcel , for which I presently have a buyer . I have applied for building permit on this lot , but there seems to be a question of the towns responsibility as to the completion of the road surface . As time is of the essence , I am asking the Town Board to solve the confusion of ownership . My request is for the Town Board to acknowledge that Kendall Ave . is indeed a town road so that a building permit may be issued immediately . As a land owner I cannot deed the road right of way to the town , as Ithaca Land Company made the offer of right of way by filing of the subdivision plat . The town of Ithaca accepted this offer by the installation of the Coddington Rd . water district supply lines in the road right of way . Since then , both sewer and storm drainage improvements have been installed in the road right of way . Based on our ability to use the water and sewer on the road right of`. way ; I have been paying full district charges to the Town of Ithaca , which are at the same rate as lots on the paved potions of Kendall Ave . The town zoning ordinance only requires that a lot have frontage on a town road , not requiring that a'n existing town road be fully built to town specifications prior to permit issuance . As a land owner , it is my intention to share in the cost of improving the road to town specifications , on a front footage basis . 255 Burns Road Ithaca, New York (607) 277-4474 t My urgency ' is such that the sale is contingent upon a July 1 . 1993 completion date . The only obstacle being the issuance of - the building permit for which the application meets all Town of Ithaca requirements . I therefore request the resolution of this matter tonight . Sincerely . James Hilker J & L Builder 's t t Mrs . Shirley Raffensperger Supervisor, ']Gown of Ithaca 126 East Seneca St, Ithaca, New 'York 14850 Dear Shirley, April 12, 1993 I am writing about the proposed local law to form a Conservation Board to be considered at the public hearing; this evening and thereupon read this letter into the record of that hearing . We are advised that tlhe town is precluded from adopting this local law because it has not complied with the requirements of paragraphs lb, lc and 2 of Section 239-y of Article 12-F of the General Municipal Law . The December 1992 Open Space Report (Town of Ithaca Open Space Index) submitted by the Town of Ithaca CAC , accepted and approved by the Ithaca Town Board on December 7 , 1992, does not meet the provisions of law pertaining to the definition of the conservation open area inventory and map. To wit the definition of the " Conservation open areas inventory" is " An inventory of open areas within the municipality with each such area identified , described and listed according to priority of acquisition or preservation " The Town of Ithaca " Open Space Index" does not list open areas in order of "priority of acquisition or preservation "(See page 10). Therefore a Conservation Board would not have the information it needs to perform the duties described under paragraph 3 of the General Municipal Law and Section 2b and 2c of the local law. Furthermore the "Conservation open areas map" is defined " As a map or maps identifying open areas within the municipality which are earmarked for preservation, including . . . . significance" . There is no map that meets this criterion. The map in the Open Space Report lists all open areas in the Town of Ithaca. It would be arbitrary and capricious for the town to conclude that all open areas are to be earmarked for preservation and thereupon subject to the CB review as set forth in Section 2 of the local law. Limiting' * the duties as described in Section 2b and Section 2c . of the local law cannot be substituted for the deficiencies in meeting the requirements of the definitions in the General Municipal law' The Conservation Board therefore cannot be formed until the town has met all the requirements of the General Municipal Law. Many people in the Town of Ithaca have made it clear that they don't want their property ranked for preservation or acquisition as open space unless the Town is prepared to purchase their land at appropriate value. Having revised. the Open Space Report to eliminate the rankings , the town has sided with these property owners, Little choice is left other than to conclude that there currently is insufficient basis for the creation of a Conservation Board. We therefore urge you to table this local law until the stptutory requirements are met. Sincer ly Noel Desch 132 Updike Rd. Ithaca, New York 14850 ryctenc��t 19 Response to the Transfer of Land Proposal April 12 , 1993 I oppose the land transfer arrangement and would like to suggest two alternative plans of action . A . The first suggestion is unlikely to be implemented at this stage , but I feel it worth mentioning nevertheless . The portion of the Park Lane extension infringed upon should be decommissioned and returned with due compensation to the Quick ' s . The reasons are several : ( 1 ) The extension below Kings Lane is a safety hazard . In the winter , cars will end up the ditches on either side of the road , or slide out into oncoming traffic on Route 79 . The accidents will be serious and numerous , because of the steep grade , the sharpness of the curve , and the depth of the ditches associated with this part of the Park Lane extension . This portion of the extension should not be approved because of the danger involved . The Town may at some point in the future , be required to make this portion of the road safer, probably at great expense . ( 2 ) The traffic will be substantially increased . People will no longer be able to walk with their children and pets in safety along Park Lane . The traffic speed is already high , despite the new stop sign , and will increase when the road is opened . ( 3 ) I am worried that both the opening of the Park Lane extension and the transfer of land will make it easier for the Peregrine Hollows development to use Kings Lane as a second egress to Route 79 . Should this occur in the future the result will be still greater traffic flow in the Eastern Heights subdivision . This fear was somewhat allayed after discussions with Shirley Raffensperger this afternoon . I note other objections in earlier letters to Cathy Valentino . Please note that none of my objections are meant to limit in any way Mr . Frandsen ' s right to develop land which he currently owns . B . In the likely case that the first case cannot be implemented , I suggest that the cost of infringement be paid in cash to the Quick ' s by the Town of Ithaca. In short , I don ' t believe that the Eastern Heights residents should be required to bear the full burden of mistakes made by the full Town board in years past . Respectfully submitted , Niels F . Otani 122 Park Lane f t TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION Il JOAN LENT HAMILTON , being duly sworn , say that I arcs the Town :Clerk of the Town of Ithaca , Tompkins County , New York ; that the -following notice has - been duly posted on the ' sign . board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) Town Clerk ' s Office Location of sign ' board used for posting 126 East Seneca St . Ithaca , NY 14850 Date of Posting : March 23 , 1993 Date of Publicatdion : March 25 , 1993 Tow Clerk ; Town of Ithaca STATE OF NEW YORK COUNTY OF TONIPXINS ss , 'OWN OF ITIiACA ) I Sworn to and subscribed before me this ��� day of ^ , 19 LEAH S . CARPENTER Notary Public, State of Now York Qualified in Tompkins Co. No . 4797177 My Comrnission Expires April 30, 19 D` Notary Public �1y OF 1 T� TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 TOWN OF ITHACA - PUBLIC NOTICE PLEASE TAKE NOTICE , that the Town of Ithaca Town Board will hold a Public Hearing on April 12 , 1993 at 7 : 15 p . m . , at the Ithaca Town Hall , 126 E . Seneca Street , Ithaca , New York to consider a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT MODIFICATION OF SINGLE FAMILY HOMES ON SUBSIZE LOTS WITHOUT OBTAINING BOARD OF APPEALS APPROVAL " . PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all citizens shall be afforded the opportunity to voice their approval or opposition of said Local Law . Joan Lent Hamilton Town Clerk March 22 , 1993 PUBLISH LEGAL AD : March 25 , 1993 T-he; lthaca Journal :Thursday, March 25, 199cr yTOWN OF ITHACA : I PUBLIC NOTICE PLEASE TAKE NOTICE, 'than the Town of Ithaca Town Board will hold a Public' Hearing on, April 12, 1993 at 7: 15 p:m., at the Ithaca' Town Hall, 126 E. Seneca Street, lfhacaI New York to consider a "LOCAL LAW TO ITHACA ZONING ORDI NANCE TO PERMIT MODIFI•' CATION OF SINGLE FAMILY HOMES ON . SUBSIZE LOTS WITHOUT OBTAINING BOARD . OF APPEALS AP. I PROVAL". — PLEASE TAKE FURTHER NO-1. TICE, at the aforementioned , time and place all citizens ' shall be afforded the opportu. nity to voice their approval or* opposition of said Local Low. Joan Lent Hamilton March 25, 1993 Town Clerk i TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I � JOAN LENT HAMILTON , being duly sworn , say that I am the Town *.Clerk of the Town of Ithaca , Tompkins County , New York ; that, the following notice has been duly posted on the " sign . board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) Town Clerk ' s Office Location of sign" board used for posting : 126 East Seneca St . Ithaca , NY 14850 Date of Posting : March 23 , 1993 Date of Publication : March 25 , 1993 tL Towl Clerk ., Town of Ithaca STATE OF NEW YORK ,' COUNTY OF TOTNIPXINS 5s 'OL•TN OF ITHACA ) Sworn to and subscribed before me this �, . day of � 19 LEAH B. CARPENTER Notary Public, State of New York Qualified in Tompkins Co. No. 4797177 My Commission Expires April 30, 19--% - Notary Public �1y OFlp _ 9 TOWN OF ITHACA 2104� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 TOWN OF ITHACA - PUBLIC NOTICE PLEASE TAKE NOTICE , that the Town of Ithaca Town Board will hold a Public Hearing on April 12 , 1993 at 7 : 30 p . m . , at the Ithaca Town Hall , 126 E . Seneca Street , Ithaca , New York to consider a " LOCAL LAW TO AMEND LOCAL LAW NO , 4 / 1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW " . PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all citizens shall be afforded the opportunity to voice their approval or opposition of said Local Law . Joan Lent Hamilton Town Clerk March 22 , 1993 PUBLISH LEGAL AD : March 25 , 1993 'he Ithaca Journal . Thursday, March 25 , 1993 TOWN OF ITHACA PLEASED AKE NOTICE, that the Town of Ithaca . Board will' hold a ublic Hearing on April 12, 1993 i at 7:30 pp.m.,2 at the Ithaca j Town a Street, I 1, 26 N w York to consider o "LOCAL LAW TO AMEND LOCAL LAW NO. 4/ 1979 OF THE TOWN OF RI A S..THATOARE U ECCTT TO OBLIGATIONS OF UCH LO- CAL LAW". PLEASE TAKE FURTHER NO- TICE, at the aforementioned. time and place all citizens shall be afforded the opportu. nity to voice their approval of opposition of said Local Low.i Joan lent Hamiltor March 25, 1993 Town Clerl TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION Il JOAN LENT HAMILTON , being duly sworn , say that I am the Town ,Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has - been duly posted on thee sign, . board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) : ( SEE ATTACHED ) Town Clerk ' s Office Location of sign board used for posting : 126 East Seneca St . Ithaca , NY 14850 Date of Posting : March 23 , 1993 Date of Publicatmio;a : March 25 , 1993 0_4 1)4 aq,mduL Tow Clerk ; Town of Ithaca .-,STATE OF NEW YORK COUNTY OF TOti]PKINS ss , '0111, OF ITHACA ) Sworn to and subscribed before me this day of 19 _. LEAH Be CARPENTER Notary Public, State of New York Qualified in Tompkins Co. No. 4797177 is My Con, mission Expires April 30, 19 , Notary Public OF 1 T� t° TOWN OF ITHACA 4� 126 EAST SENECA STREET, ITHACA , N . Y . 14850 0 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 TOWN OF ITHACA - PUBLIC NOTICE PLEASE TAKE NOTICE , that the Town of Ithaca Town Board will hold a Public Hearing on April 12 , 1993 at 7 : 45 p . m . , at the Ithaca Town Hall , 126 E . Seneca Street , Ithaca , New York to consider a " LOCAL LAW FOR THE REDES I GNAT I ON OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD " . PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all citizens shall be afforded the opportunity to voice their approval or opposition of said Local Law . Joan Lent Hamilton Town Clerk March 22 , 1993 PUBLISH LEGAL AD : March 25 , 1993 The Ithaca Journal Thursdav March 25 1993r37 TOWN OF ITHACA-.,. ,4 - .. • PUBUC NOTICE PLEASE TAKE -NOTICE,—that the Town of " Ithaca Town, Board will hold a Public' Hearing on April 12, 1993 at 7:45 p.m., at the Ithaca' Town Hall, 126 E. Seneca Sheet, Ithaca New York to consider a "C&AL LAW FOR THE REDESIGNATION OF : THE . TOWN OF . ITHACA' CONSERVATION ADVISORY COUNCIL AS THE TOWN ; OF ITHACA CONSERVA-4 TION BOARD". PLEASE TAKE FURTHER NO- TICE, at the aforementioned , time and place all citizens shall be afforded the opportu nily to voice their approval or opposition of said Local Low. loan Lent Hamilton ' Town. Clerk March 25, 1093 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION Ir JOAN LENT HAMILTON , being duly sworn , say that I am the Town :Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has - been duly posted on the ' sign . board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) Town Clerk ' s Office Location of sign* board used for posting : 126 East Seneca St . Ithaca , NY 14850 Date of Posting : March 23 , 1993 Date of Publicat-ioaz : March 25 , 1993 Tow Clerk ; Town of Ithaca STATE OF NEW YORE{ ^COUNTY OF T0IN1PXINS s5 , T0111N OF ITHACA ) Sworn to and subscribed before me this �, da-v of 19 LEAH B. CARPENTER Notary Public, State of New York Qualified in Tompkins Co. No. 4797177 , N)y Commission Expires April 30: 19--� ` - Notary Public �zy OF IT TOWN OF ITHACA 21o4$ 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 TOWN OF ITHACA - PUBLIC NOTICE PLEASE TAKE NOTICE , that the Town of Ithaca Town Board will hold a Public Hearing on April 12 , 1993 at 8 : 00 p . m . , at the Ithaca Town Hall , 126 E . Seneca Street , Ithaca , New York to consider a RESOLUTION AUTHORIZING CONVEYANCE OF PROPERTY ADJACENT TO THE FRANDSEN SUBDIVISION IN THE TOWN OF ITHACA . PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all citizens shall be afforded the opportunity to voice their approval or opposition of said Local Law , Joan Lent Hamilton Town Clerk March 22 , 1993 PUBLISH LEGAL AD : March 25 , 1993 The Ithaca Journal, Thursday, March 25:-I TOWN 'OF ITHACA ` ' ' PUBLIC NOTICE PLEASE .TAKE NOTICE, that the Town of Ithaca Town Board will hold a Public Hearing on April 12, 1993 at 8 :00 p.m., at the Ithaca Town Hall, 126 E. Seneca Street, Ithaca, New York to consider a RESOLUTION AU- .THORIZING CONVEYANCE ' OF PROPERTY ADJACENT TO THE FRANDSEN SUBDI- VISION IN THE TOWN OF .:. ITHACA. PLEASE TAKE FURTHER ,NO- TICE, at the aforementioned time and place all citizens shall be afforded the opportu- nity to voice their approval or :. opposition of said Local Low.._ ; - Joan Lent Hamilton t Town Clerk March 25, 1993 i