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HomeMy WebLinkAboutTB Minutes 1993-10-04 Town of Ithaca Town Board Meeting Minutes October 4 , 1993 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , there were : PRESENT : 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 , Esq . ; Town Attorney Joan Lent Noteboom , Town Clerk Daniel Walker , P . E . ; Town Engineer Fred Noteboom , Acting Highway Superintendent Floyd Forman , Town Planner Andrew Frost , Building / Zoning Officer Sally Alario , Assistant Budget Officer Patricia Punger , Personnel Manager Mark A . Mac: era Leona Bentley Noel Desch Salvatore Grippi Diane Auble David Erik Chase Ellen Harrison Carolyn Grigorov Edward Conley Heather A . Ahrns Timothy Joseph Mark Macera Chuck Blodgett Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance . Call to Ordler : The Supervisor called the meeting to order at 5 : 31 p . m . Agenda Item No . - Report of Town Officials a . Supervisor ' s Report - The Town has received notice from NYSDOT approving the 30 mph area wide speed limit in Coy Glen . Town Board members received a copy of the order . DOT has acknowledged the Town ' s request for a lowered speed limit on Troy and Bundy Roads . Ward Hungerford , of the Tompkins County Highway Department initiated and discussed the DOT request with the Supervisor . The Town Board has received copies from Postmaster Anderson re the a Town ' s inquiry concerning the fate of the downtown post office . The letter is very much a repetition of his response to the Town ' s previous letter and does not provide any new information as to the eventual fate of the Buffalo Street facility . TB Mtg . 10 / 4 / 93 Senator James Seward replied to the Town Boards letter concerning tax resources for the school system and the Conservation ' s Boards resolution . He said " eliminating the property tax is the wave of the future .. I think you will see meaningful , bipartisan action on it in the near future , and I will be the first to vote yes " . b . Town Engineer ' s Report - Mr . Walker reported on his written report , ( see attached ) . Due to the early scheduling of the Town Board Meeting there was insufficient time to prepare a full payment requisition for work performed on the Inlet Valley Water and Sewer Contract No . 4 during September . Mr . Walker requested approval of payment to the contractor , G . DeVincentis & Son for an amount not to exceed $ 50 , 000 . Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving the payment to G . DeVincentis & Son of an amount not to exceed $ 50 , 000 for the work performed on the Inlet Valley Water and Sewer Contract No . 4 . Carried unanimously . Mr . Walker reported there was a meeting concerning the Judd Falls Road reconstruction . The Design Committee met with several Forest Home residents . The Forest Home Association has asked the Town to consider long term planning in the area before they decide on any construction projects . & Mr . Walker was concerned that sometimes residents of the Forest Home Neighborhood Association have not been able to agree among themselves . The Design Committee has asked the Forest Home Improvement Association to develop a form for Forest Home residents to complete so that a consensus can be reached and agreed to by everyone from Forest Home . The consensus then can be brought to the Transportation Committee for discussion . The Town has asked that this consensus be available by December 1 . c . Highway Superintendent ' s Report - Mr . Noteboom reported on his written report , ( see attached ) . The Town received over $ 9 , 000 from the sale of surplus equipment at the County auction . d . Building Inspector / Zoning Officer ' s Report - Mr . Frost reported he is pleased and optimistic with Joseph St . Angelo , Assistant Building Inspector who started work a few weeks ago . Mr . Frost reported on his monthly report , ( see attached ) . e . Town Planner ' s Report - There will be a Public Hearing on October 19 , at the Town Hall on the Cornell GEIS . After a great deal of hard work by members of the Comprehensive Planning Committee and members of the Planning Board on September 21 the Comprehensive Plan was approved and adopted by the Planning Board . Mr . Forman reviewed his written report with the Board , ( see attached ) . 2 TB Mtg . 10 / 4 / 93 f . Town Clerk ' s Report - Mrs . Noteboom reported the Records Management Program for the basement has been completed . The Town Clerk had displayed archival documents that were retrieved from the basement during the process which would have been lost if the program had not taken place . The display also showed before and after pictures of the basement . The Town Clerk reported on the new tax bill format . Samples of other tax bills were requested and received by other Towns across the State in order that a more easily understood bill could be developed . All Tax Collectors in the County met with County representatives to offer input on a better bill . A new bill has been developed . It will be a blip pack such as the schools use . the top portion gives all necessary information in an easily read format . The two bottom portions will be perforated for return to the Tax Collector for verification of payment . One will be returned to the taxpayer as a receipt , and the other will be kept for the Town documentation . Money will be saved by not having to purchase envelopes . The County Tax Collectors also thought that it was a law all taxes for escrow accounts had to be sent to the escrow agent . It has been found that is not the case . The bills can be sent directly to the taxpayer with notification to forward the bill to their escrow agent . This will be much easier , and will help to eliminate some additional interest and penalties to the taxpayers when a property has changed owners and it is necessary to track down the taxpayer or the new escrow agent . The Supervisor and Councilwoman Valentino said this tax bill is much better than what was sent previously . Councilman Niklas asked if the Historical Society has expressed any interest in the documents found during the records management program , and would they like to house these documents ? Mrs . Noteboom said the Town already has many items at the DeWitt Historical Society . Mrs . Noteboom is waiting until the project is finished before contacting them about the new items so that they will be able to see everything . Councilman Klein said he could speak for his fellow members and himself in expressing appreciation to the Town Clerk for an excellent job on the Records Management Program . 3 TB Mtge 10 / 4 / 93 Agenda Item No . 4 - Report of Town Committees Councilman Whitcomb reported during the meeting with the representatives of Forest Home it was decided they would pursue some agreement among themselves and the Town would continue to pursue an alternative route through Forest Home by the Town ' s participation in the Metropolitan Planning Organization ( MPO ) . James Hansen has said the County is not pursuing an alternative route through Forest Home . It has been put aside pending a decision by the MPO . The Supervisor ' s understood the MPO is considering making an application to the State for planning fund purposes for an eastern by - pass . The Town of Lansing . Village of Lansing , and the Town and Village ' s of Dryden at the MPO made a presentation and asked for support . Councilman Niklas stated the COC met with Professor Patricia Pollock who is an expert on affordable housing . She described the concepts of elder cottages . The COC is exploring how the Zoning Ordinance and regulations could be modified to make more affordable housing available . At the request of the Planning Board the COC reviewed how to deal with large plots of land that have wetlands in terms of calculating the number of dwellings . There have been eight case histories where wetlands have been a factor . Councilman Niklas will meet with Mr . Barney , and Mr . Forman to talk about the implementation of the Comprehensive Plan . Councilman Liguori noted the Public Works Committee discussed the possible need for a Transportation Planning Committee at the town level . Options were explored , and it was decided it may be premature since the MPO was operating . What needs to be done is for staff of Planning , Highway , and Engineering to review all available past plans to familiarize themselves with various proposals that have been made over several years . They could then prepare a summary to present to the Town Board so the Town Board could decide what should be done in terms of a Transportation Committee at the Town level . Councilman Klein said he was appointed to the Advisory Committee for the Village of Lansing Cultural Recreational Facility . The Village of Lansing has done an Environmental Impact Statement on the project and has requested an additional feasibility study on its viability . 4 TB Mtg . 10 / 4 / 93 James Orcot sent Councilman Klein a letter saying the project was presently stalled because the feasibility study came to a different conclusion than the original study . The proposed ice rink is viable if the debt service did not have to be paid . It is more viable to keep ice year round as there is more call for ice in the summer than the dry floor activities . It was suggested that if it were pursued that is how it should be programmed . The Village of Lansing is realizing it is not as simple as it first appeared . A memo from John Caren stated . " the report confirms what we previously expected the Culture and Recreation Center will support itself for maintenance and operations costs particularly if we abandon dry floor activities and provide year round ice . In addition the report indicates that such a facility will generate income beyond maintenance and operation which is good news . The Village should pursue joint municipal development and ownership of a Cultural Recreation Center with the four municipalities which have already indicated their interest " . Councilman Klein thinks the Town will be revisited later this year or early next year to test the waters whether the Town of Ithaca Town of Dryden , and the Town of Lansing would be willing to participate in a more significant way . There are a. lot of things to be worked out , what the costs would be and if the desire is there to continue . As we are reallocating some of the resources for youth activities , there may be an avenue for the Town to participate later on . The Village did buy the land . One of the problems is the clock is ticking in terms of the pledges the Youth Hockey Association has that would have to be returned by March 1994 if they don ' t proceed . There may be a missed opportunity if more affirmative action isn ' t taken until next year . Agenda Item No . 5 - Re ort of the Tom kins Co ty Board of Representatives Representative Joseph said the County Board has discussed the creation of a County Cable Commission . The Towns have the authority to regulate cable television , but the Towns do not have the resources to do it . There is a County Cable Commission on paper but it needs to be revitalized with cooperation of the Towns to do County wide regulation . C i TB Mtg . 10 / 4 / 93 Councilwoman Valentino noted there is a meeting on October 14 , of the State Cable Commission to provide information on the new federal regulations and how the State is going to assist with helping municipalities with what can and cannot be regulated . This is a very complicated issue . The County Commission should be revitalized again as all the work on the by - laws and creation has been accomplished . The County should contact the Towns to have them appoint representatives . Supervisor Raffensperger said it has been discussed and anyone she has talked to thinks it is an excellent idea . The idea of each municipality negotiating alone with American Community Cablevision is not very attractive . Using resources together would be more practical and more constructive . Councilman Liguori asked if it would be a separate commission or if it would have representation from each of the Town ' s Commission ? Mr . Joseph said each Town would have to have its own commission . Councilman Liguori suggested it not be a separate commission but be made up of representatives from each Town . Mr . Joseph said in a previous report he had talked about the County discussing and encouraging the Towns to put trash collection out to bid within the Town . This is something the Towns have the authority to do . but the County could provide some coordination . The Solid Waste Division of the County has been too busy with other things to pursue it actively . Mr . Joseph asked if the Town Board were interested in having this idea pursued , should he nudge the Solid Waste Division to investigate this ? Councilman Whitcomb said he was not sure what the implications of this would be , would the Town have the ability to bid trash collection within each Town ? Mr . Joseph said the Town would have the ability to call for bids like the Village of Dryden does now . With bids there could be a single wide trash collector instead of each household having to contract themselves . The record has shown a single collector produces a lower cost . Supervisor Raffensperger mentioned there are pros and cons . in the Town there are two providers of service . If the service were put out to bid the service there would be one provider of service which would initially have a lower cost , however , it would not take very long before there would one bidder . 6 i TB Mtg , 10 / 4193 It is a complicated question with the flow legislation going before the Supreme Court . It is a dubious area for Towns to get into at this point . The Town does have to worry about destroying what competition there presently is with the whole program . The County needs to provide the Towns with more information and expertise . There was a resolution passed saying the County would provide the Town with information , expertise , and meet with the Towns . Councilwoman Valentino mentioned there are some pros to thinking about it . When there is one collector it can be included in the tax base which makes the cost tax deductible . It also eliminates people dumping garbage where they like because they would have pick up . These are factors to consider that may make it viable . Mr . Joseph said a franchise might not eliminate the dumping because there may be a franchise saying tags are needed which would be paid for . Councilwoman Valentino said she was thinking of a franchise where each household could put out a certain feasible limit of bags and after that number were reached pay for the tags . The Supervisor said there are many options , including the Town only acting as an intermediary in bidding the services . Many people now do not contract for services they take it to the dump themselves . Councilman Niklas said with that kind of contracting some people may lose the incentive to recycle and be conservative about their trash . If they are allowed two bags and it is not free they have to pay for it whether it is produced or not , they will produce it . Agenda Item No . 6 - Persons To Be Heard Salvatore Grippi , 423 Seneca Street addressed the Board about a property he owns across from the professional building on Trumansburg Road and Hayts . When the sewer improvement districts were worked on they bypassed that property and a few others in the area . Mr . Grippi asked the Board to consider establishing sewer service to those properties that were bypassed ? Mr . Grippi wrote a letter on June 8 , 1989 , requesting the Town consider this , and again on January 12 , 1993 . He asked if this were going to be considered ? 7 TB Mtge 10 / 4 / 93 Supervisor Raffensperger said the Town Board and the Public Works Committee have discussed over the last few months a priority program . Mr . Walker and the Supervisor reviewed all the petitions for these types of services . as well as Mr . Grippi ' s letters . The Public Works Committee is going to make a recommendation to the Town Board and the Town Engineer has made a list of priorities . Councilman Liguori asked what priority on the listing Mr . Grippi ' s request was ? Councilman Niklas said before a particular project was looked at the Board should look at the entire priorities and asked Mr . Walker when the list of priorities would be presented to the Board ? Mr . Walker responded the tentative list would be reviewed at the next Public Works Committee meeting . The area Mr . Grippi is referring to is included in one of the projects along Trumansburg Road . Supervisor Raffensperger said previously when this tentative list was presented to the Town Board they did not have any substantial objections to the priority list . The Supervisor hopes to discuss this at the Town Board level in November meeting and make some kind of commitment to the priorities as they are listed . The financing plan will have to be evaluated . An effort is being made in having a long range water and sewer project plan . Mr . Grippi also asked about the medical property next door . and wondered if that would make a difference in the priority ? Supervisor Raffensperger said she understood that portion was not included in any of the projects because there was a development proposal at the time and a developer had made a commitment to contribute financially to the expansion of sewer . Due to economic conditions and other reasons it was not done . That leaves an infill project that is important to be completed . Agenda Item No . 7 - Town Board Meeting Minutes 9 / 13 / 93 Motion made by Councilman Niklas , seconded by Councilman Klein approving the minutes of the September 13 , 1993 of the Town Board as written . Carried unanimously . Agenda Item No . 8 - Town of Ithaca Warrants Motion made by Councilwoman Valentino , seconded by Councilman Niklas authorizing the payment of the Town of Ithaca warrants . Carried unanimously . 8 TB Mtge 10 / 4 / 93 Agenda Item No . 9 - Bolton Point Warrants Motion made by Supervisor Raffensperger . seconded by Councilman Niklas authorizing the payment of the Bolton Point warrants . Carried unanimously . Agenda Item No . 10 . - Sewer Billin Refund Motion made by Councilman Liguori seconded by Councilman Niklas authorizing a refund in the amount of $ 13968 be made to the owner of the property located at 1081 Taughannock Boulevard . Account # B - 5016 . Carried unanimously . Agenda Item No . 11 - Records Manage Dis osition L i s t i n Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing and directing the RMO to dispose of the records as described in the Records Management Disposition Listing . Carried unanimously . Agenda Item NT - Records Mana ement Policies and Procedures Manual Mrs . Noteboom said the Policies and Procedures Manual is a tool to be used U ;y all town employees and officials explaining the systematic color coded filing system so there is uniformity . The manual will enable the Town to continue the program without having to ever do a major clean out as has been done up to this point There will 'be a disposition listing once or twice a year instead of monthly , and there will be a purging system on an annual bas is Each new employee will be trained according to the manual . Motion made by Councilman Niklas . seconded by Councilman Liguori approving and adopting the Town of Ithaca Records Management Procedures and Policies Manual . and approving the implementation of the Procedures and Policies described by all Town of Ithaca management , supervisory , salaried and hourly employees . boards , committees , and elected officials . The Supervisory pointed out that elected officials are included within those required to keep records in such a fine fashion . Motion carried unanimously . NONE 9 TB Mtg . 10 / 4 / 93 Agenda Item No . 20 - Election Inspectors Rate Increase Mrs . Noteboom stated many of the Election Inspectors have been concerned with the fact they are not paid for mileage as they were in previous years . There are other municipalities who are paying mileage to and from the polling place and we are not . The reason being that the Town does not pay someone for going to and from work . The Supervisor . Personnel Manager and Town Clerk met and decided the fairest way to compensate for that is to give an additional $ 5 . 00 per day to the Election Inspectors for each day worked to cover the :mileage for the schooling the election day . Motion made by Councilwoman Valentino . seconded by Councilman Niklas approving an increase in the salary of $ 5 . 00 per day for each Election Inspector as an offset of mileage reimbursement . Councilwoman Valentino asked how much they are paid now . The Town Clerk responded . $ 85 . 00 for Election Day . and $ 50 . 00 for Primary Day . The Supervisor said this will be much simpler , there have been problems with the mileage in the past because some people have some of the most interesting estimates of the mileage from their homes to the polling place . Motion carried unanimously . Agenda Item No 22 & 26 - Presentation SCLIWC 1994 Tentative Budget The Supervisor stated this budget has been recommended by the Southern Cayuga Lake Intermunicipal Water Commission . The Budget Committee reviewed it first . The budget does include the revenues from the proposed flattening of the water rate and the increase in the water rate . There is a 7 % overall increase in the budget because of the need to buy several vehicles , purchase of them was postponed in previous years because of tight financial situations . The Commission hopes this will be the last of a series of substantial increases in water rates following a period in which there had not been increases . The Commission still has difficulty with cash flow and paying of the bills . They are behind in their _ electric bill and they have $ 5000 in the bank . This has been improving every year . The Commission hopes this increase will stabilize the situation . 10 TB Mtge 10 / 4 / 93 The Supervisor asked if any members of the public had any questions concerning the tentative budget ? Mr . Noel Desch asked what the personal services increase was overall ? The Supervisor responded it was a little more than 6 % because there are two operator positions that the Commission has been trying to increase their salaries to a more usual level for an operator . Overall the merit increases are 4 % . Motion made by Councilwoman Valentino , seconded by Councilman Niklas adopting the 1994 SCLIWC Tentative Budget as the 1994 Preliminary SCLIWC Budget and directing the Town Clerk to advertise for a Public Hearing to be held on November 4 , 1993 at 7 : 30 p . m . to consider the adoption of the 1994 SCLIWC Preliminary Budget as the 1994 SCLIWC Final Budget . Carried unanimously . Additional Item No . 1 - Highway Additional Insurance Coverage Motion made by Councilman Niklas , seconded by Councilman Liguori approving adding $ 150 , 000 of Care , Custody and Control Coverage subject to a $ 500 deductible to the Town ' s Insurance Policy at a cost not to exceed $ 1000 . 00 a year as the highway Department borrows , lends , and leases equipment from time to time . Carried unanimously . Agenda Item No . 30 - Town Officials Benefits and Policies Booklet Mrs . Punger stated the Town Employees have a Personnel Manual and it was thought that for the Elected Officials there should be a booklet explaining the benefits they are entitled to . The booklet discusses the Ethics Law , payroll procedures , medical insurance , conferences and seminars , Worker ' s Compensation , and NYS Retirement benefits . This is a reference guide . The Personnel Committee has reviewed the booklet and is recommending approval by the Town Board . Motion made by Councilman Niklas . seconded by Councilman Liguori supporting and approving the Town Officials Benefits and Policies Booklet for distribution to all Town Officials . Carried unanimously . 1 1. TB Mtg . 1014 / 93 Agenda Item No . 31 - Speed Limit Reduction Forest Home Bridge Mr . Noteboom explained the County had lowered the weight limit on the Forest Home Bridge to 12 ton , that tonnage is rated at a 55 mph speed limit . In order to make the weight limit passable for school buses etcetera , it has to be posted at a lower speed limit to reduce the impact on the bridge . A 15 mph weight limit would increase the load limit to 20 ton . Supervisor Raffensperger said the Town has been informed by Tompkins County the Town can do this without an application to the NYS Department of Transportation . Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing the reduction of the speed limit on the Forest Home Bridge to 15 MPH . Carried Unanimously . Agenda Item No . 32 - Acceptance Birchwood Drive South & Briarwood Drive Mr . Walker explained there has been a request from Lucente Homes for the Town to accept a portion of Birchwood Drive South and a short portion of Briarwood Drive because he has building permits to construct houses on lots . The developer is building the road base and will be surfacing it with gravel soon . The developer has asked to put the final surface on the road next year because of the anticipated construction traffic . This is now a normal practice . The Town Engineer and Acting Highway Superintendent have suggested this is alright . Mr . Noteboom has a cost estimate of $ 3000 for the final surface . The subdivision was approved in 1988 due to a number of circumstances the developer did not complete the road as intended . The agreement was ready for execution until it was realized the road had not been accepted . Councilman Niklas stated the resolution is contingent on the review of the Town Attorney . Attorney Barney said the intention of the Board should be reflected in the document . Mr . Walker said the agreement would say the contractor will complete the road by a certain date , most likely 9 / 94 . This would give the Town the opportunity if it were not completed to execute the financial document and complete the road with the Town Highway Department in October 1994 . 12 TB Mtge 10 / 4 / 93 Motion made by Councilman Niklas , seconded by Councilman Liguori accepting approximately 480 lineal feet of Birchwood Drive South and approximately 50 lineal feet of Briarwood Drive as Town Highways , with the condition that an agreement acceptable to the Town Engineer , the Acting Highway Superintendent and the Town Attorney be executed with Lucente Homes to ensure proper completion of the road surface . Carried unanimously . Agenda Item No . 12 - Ithacare David Erik Chase , L . Robert Kimball & Associates addressed the Board concerning the applicant . Ithacare , which is in the process of requesting a zone change , a subdivision application , and a site plan process for a new facility located west of Danby Road on the hill . The property is approximately 24 acres and overall is owned by Ithaca College . The subdivision request is to split the property in half . The new facility would be approximately 120 , 000 square feet and would be orientated to take advantage of the views in a three level development . There is concern to utilize the overlook . The design is presently a concept that takes into account keeping the facility lower than any vision or any point from the overlook . The design is being done with two types of facilities in one . One would be an Adult Care Facility , two story unit on the upper level . The lower level would be the Independent Care Facility . From the road you would only see a two story facade from any vantage point There would be 60 parking spaces . Part of the application not active at this time , would in the future consider a 40 bed addition for a nursing home . Ithacare has met with the Planning Staff , the next step is to have the application forwarded to the Planning Board . No zoning change request has been designated because they are looking for guidance from the Town to find the most appropriate zone to work with the project . The time schedule is to break ground next spring to summer . Ithacare is prepared to work with the Town . A long form environmental impact statement has been made with the application . Councilman Whitcomb asked what attracted Ithacare to this site over another one ? Mr . Chase responded this site has very dramatic views and positive characteristics with regards to stepping the site so that there is an orientation and a strong view . Independent living and passive areas could be created outside the building . Walkways and botany study areas could be created also adding to the site . 13 TB Mtge 1014193 Mr . Chase was not involved in the site location process so he could not particularly address that issue . Mr . Mark Macera , Executive Director Ithacare said the Board of Directors had been involved with an evaluation process for the last several years . There were over two dozen sites that were reviewed during that time . There were several criteria and conditions that were considered . Particularly the potential interaction and relationship with Ithaca College especially the inter - generational program between young and old . That above all else was the reason why this site was selected . The Supervisor mentioned the Town appreciated the fact Ithaca College and Ithacare came early on to discuss this . There was some publicity and the Town received few comments which were passed on to Ithacarf Most comments were positive , but there were some concerns about drainage on the site . That is a matter that will need to be addressed and discussed . Councilman Liguori asked what happens to the existing Ithacare Center when this is completed ? Mr . Macera said currently Ithacare has a mortgage and administrative agreement with the US Department of HUD . The building would be disposed of according to the mortgage and administrative regulation of HUD . It may be sold , there are specific regulations under the program that may restrict what it could be used for . This is presently under discussion with HUD . Supervisor Raffensperger said the Town Board under these circumstances must rely on the Planning Board in coordination with Town Staff to make a recommendation as to what the rezoning should be when it is indefinite as to the most appropriate zoning . Councilman Niklas stated he would be unable to vote on any matter concerning this issue as lie owns property across the road from the site and would feel uncomfortable being involved . Councilman Niklas wished to know what kind of housing uses this structure could be put to if at some future point the structure were abandoned as the present site will be ? Supervisor Raffensperger suggested the Planning Board shall be made aware of that question and discuss it . Councilman Liguori asked if this would be eligible for a Special Use District ? 14 TB Mtg . 10 / 4 / 93 Supervisor Raffensperger responded she thought it is permitted in two of the residential districts . R - 9 and R - 30 . It is defined in the Zoning Ordinance as convalescent care . During discussions it has become evident that these permissions for convalescent care facilities need to be looked at and updated to include continuing care facilities . The Planning Board needs to look at the zoning of the residential areas adjoining this property . Councilman Whitcomb commented some of these are just assisted living units and others are independent living units . The whole facility would not just be convalescent care . Mr . Macera said the jargon of any discipline regarding assisted living and independent living needs to be defined . Mr . Macera asked that there be no definitions consistent of current understanding of what is independent . In today ' s environment of programs and services someone who can freely ambulate and move about but may require assistance with things such as meals and medication management are in Ithacare ' s realm independent but require assistance . Mr . Forman said Hospicare was dealt with in the same way . There is no regulation dealing with a hospice in the Zoning Ordinance , but it was dealt with as a convalescent facility . It is something that there is no exact categories for in zoning . but we will work with what is there . Councilwoman Valentino asked if this new facility would also be under a HUD grant ? Mr . Macera responded no , the plan at the present time is not to go through the HUD program . Councilwoman Valentino asked if the cost of the units would be subsidized in anyway ? Mr . Macera said Ithacare is not subsidized today and the new facility would not be . Many of the residents are eligible for supplemental Social Security benefits if that is the definition of a government subsidy . They would be self paying private individuals . Those that are subsidized would receive some assistance such as Social Security there is a complete range of individuals from low income to those who have more moderate means There would not be medicare oi- medicaid in the normal context 15 TB Mtg . 10 / 4 / 93 Councilwoman Valentino asked if there would be a sliding scale for payment ? Mr . Macera said there would be a sliding scale . Supervisor Raffensperger mentioned the individuals paying for care is different than for Kendall , it is not a competitor of Kendall ' s or a duplication . Mr . Macera said Ithaca feels they are complimenting one another ' s projects . Kendall would be a life care with a contract for life . Ithacare includes housing and support . no contract . no life care guarantees , pay as you go on a month to month basis . The Kendall facility would interest a particular client . and Ithacare another . Councilman Niklas asked if the Planning Board would be provided with a list of the criteria whereby the residents are eligible for the facility ? Mr . Macera said there are parameters in which individuals participate based on need . Medical definitions in terms of ambulation , assistance with daily living , and mental health status could be provided . Councilman Niklas asked if perfectly healthy middle aged individuals who just wanted to live there could ? Mr . Macera said based on the financing considered there may be certain limitations for particular age requirements , someone under 50 may not be able to live there . Councilman Niklas said the COC has had interesting discussions concerning regulations for elder cottages , and asked Mr . Barney to explain them . Attorney Barney said whether as a zoning matter the Town can legislate by age , contrary to the civil rights law of New York which suggests age discrimination is not permissible there probably are exceptions for these group facilities . Councilman Niklas said that means this facility would be used for seniors who need some form of assistance . Supervisor Raffensperger said a question that must be addressed is what extent of this property would be tax exempt ? There is some interesting case law emerging in New York State that will have to be looked at . 16 TB Mtg . 1014193 Mr . Macera said factors will be taken into consideration to plan to this being a viable and appropriate facility for the clientele . With approximately half of the Ithacare residents now supplemental Social Security recipients , and to the extent that they are being subsidized , Ithacare is subsidizing them to maintain their quality of life . Attorney Barney asked if the present facility is tax exempt ? Mr . Macera responded yes , the proposed property is tax exempt and therefore no changes would be proposed for that property . Councilwoman Leary asked if the client would be different than who is at the present Ithacare ? Mr . Macera said it wouldn ' t , there would be individuals that would represent all three levels of care and there will be a substantial population that will be subsidized . Ithacare is presently a licensed Adult Care Facility under the auspices of New York State Department of Social Services who will maintain the license for the new facility . Ithacare also provides assisted living or independent living apartments depending how you would define that label . This area would be expanded to provide the services that are in demand . There is a waiting list and all people can not be served . Into the future it may make sense to expand on that continuum of care . Right now individuals are in the position of moving at a relatively independent level of care . recognizing everyone is going to be aging; in place . This is their home , as they require additional levels of assistance they will be moved to assisted level of adult care . At the present time residents have to be discharged to a nursing home . Some of the problems of displacing these individuals after years of living there by allowing them to remain with the appropriate level of care offered is beneficial . That has to be addressed by agencies to see if it is feasible . Councilman Niklas asked if this projects viability would be enhanced or diminished by accessibility to public transportation ? Mr . Macera said one of the selection criteria for sites was community transportation . Bus service is available to this site . Motion made by Supervisor Raff ens perger to refer the rezoning request form from Ithacare to the Town Planning Board for their review and recommendation of rezoning from Industrial to the appropriate ; one for the property . Seconded by Councilman Liguori Councilman Niklas abstained from voting , motion carried . 17 TB Mtg . 10 / 4 / 93 Agenda Item No . 33 - " Adopt A Highway Program " Mr . Noteboom explained said many calls were received at the Highway Department this year for individuals and agencies to adopt highways by agencies to pick up litter , etcetera . The Town has no program in place . Mr . Noteboom spoke to other agencies who have the programs to present the information to the Board for their consideration . Mr . Noteboom has some concerns with the wording in the contracts for these programs such as the activities that are permitted . It might be intense at times , but it has been modified to say the Highway Superintendent may modify the list at anytime . Supervisor Raffensperger asked if most of the Adopt A Highway Programs are limited to litter pick tip ? Mr . Noteboom said that is true . Councilman Liguori asked why brush trimming was included ? Mr . Noteboom said the County has all these items listed and they feel it is appropriate to have them listed . Some people like to keep their particular section by including the trees trimmed and the grass mowed , so the County allows that . Councilman Whitcomb asked if this would be determined on a case to case basis " Mr . Noteboom said yes , tie would supervisor each situation and decide the extent of the work done . Councilman Niklas asked what the Town ' s liability would be ? Attorney Barney said the liability does trouble him . With any kind of work the Town is obliged to provide a safe working place . If someone get hit by a car in the process the Town could be liable . It is assumed the Town has insurance coverage . Councilman Niklas said it would be interesting to see the agreements about how liability is handled such as areas like South Hill where a fraternity has adopted a highway . Mr . Noteboom said that area on South Hi 11 is on a State highway . The State has a program in place . The people mainly pick up litter , and they wear safety vests . 18 TB Mtg . 10114 / 93 Supervisor Raffensperger said she has seen many of these signs in other areas . Councilman Niklas said he liked the concept but the issue of liability is troubling . Councilman Liguori asked if the hold harmless agreement means anything ? Attorney Barney said it would mean something if there were an insurance policy or some assets in the organization , but if this is an informal group who are just getting together there could be a problem . Mr . Noteboom said there have been a number of fraternities that have called . Attorney Barney said it is unlikely a fraternity would have enough insurance or assets to respond to protect the Town meaningfully from the indemnity . Councilman Klein asked Mr . Noteboom if this is something where there is a need would the Town ' s highways be improved by such a program ? Mr . Noteboom said a large portion of the Town is residential , any litter pick - up would seem to be done by the people in the area . There are Some rural portions of the Town that could use the service . Councilman Niklas asked if there were anyway of redirecting this enthusiasm for public service to activities of very low chances of someone getting hurt . It is a good thing that fraternities and sororities are willing to do this , they should be encouraged , but not at the expense of the taxpayers in view of potential lawsuit Are there other opportunities that could be explored ? Attorney Barney said the lawsuit does not concern him if part of our insurance policy states the insurance company will provide the Attorney to respond . If we have insurance coverage it should be alright . Councilwoman Valentino said this is a good idea to look into and if the liability question can be answered to the Town ' s satisfaction . Supervisor Raffensperger mentioned that Town Parks and Walkways may also be considered for this program . 19 TB Mtg . 10 / 4 / 93 Councilman Niklas said the idea of people operating power tools is not a good idea . Supervisor Raffensperger concluded the consensus of the Board is that the primary issue to be investigated is the insurance coverage the Town has , or if there is none , the cost of obtaining it for the basic program not only for the roads but for the parks and walkways . This will be reported back to the Board . Agenda Item_ No . 1. 3 - Public flea ring . " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " The Supervisor opened the Public Hearing at 7 : 00 p . m . . the Town Clerk had proof of posting and publication . The Supervisor asked the public for comments . No member of the public wished to address the Board . Mrs . Noteboom summarized the intent of the Local Law as being a formalization of the Records Management Program . When the Town first started applying for grants the Town passed a resolution saying they would develop a program , but that resolution did not as intensively outline the responsibilities of the Records Management Officer and the custody of the records . Public Hearing closed at 7 : 04 p . m . Agenda Item_ No . 14 - SEQR , " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " Motion made by Councilman Niklas , seconded by Councilman the Town Board makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT " . and an Environmental Impact Statement will not be needed . Carried unanimously . Agenda Item No . 15 - Adoption , " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " Motion made by Councilwoman Valentino , seconded by Councilman Niklas enacting a " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " , and authorizing the Town Clerk to file the Local Law as required by law . Roll call vote carried unanimously . 20 I� TB Mtg , 10 / 4 / 93 Agenda Item No . 23 - Public Hearing Date : 1994 Sewer Rates Sewer Use Charge The proposal is to increase the sewer rates from $ 1 . 20 per 1000 gallons to $ 1 . 35 per 1000 gallons , and to provide for a minimum sewer use charge of $ 13 . 50 per quarter . The sewer rates have not been increased since 1990 . There has never been a minimum sewer use charge which seems to be a reasonable charge . It is not asked to have approval of these presently , but to set a Public Hearing for these increases . Motion made by Councilman Niklas , seconded by Councilman Liguori authorizing the Town Clerk to advertise for a Public Hearing to be held on November 4 , 1993 , at 7 : 00 p . m . to consider an increase in the Town of Ithaca Sewer Rates and to provide for a Minimum Sewer Use Charge . Councilman Liguori asked if this were a result of an increase by the SJS group ? Supervisor Raffensperger responded Mr . Walker has been working on the sewer budget , it is extremely tentative because the SJS has not yet approved their budget . The Town needs to set the Public Hearing and integrate those charges into the town budget process . The Town has had increased costs , and for reasons that are not clear at the moment the Town has had a decrease in usage for sewer that does not make sense . The Town has asked Bolton Point to look into the billings for sewer because the water usage has increased moderately . The water and sewer run in tandem and it is not clear if it is a billing problem at Bolton Point or precisely what has caused this , There have been decreased revenues and over the last several years the Town has had to service the 1989 sewer improvements and the Town has begun to pay to the City of Ithaca transmission charges , so there areh increased expenses in the sewer budget . There was a substantial amount in the sewer fund balance in the past that made it seem impossible to increase sewer rates , that fund balance has been utilized so the sewer budget will need attention in the future . The Town doesn ' t know if they will be selling some of the excess capacity , if the Town does it will support the budget . The Town will have to look very closely each year at what is happening with the sewer budget . 21 i TB Mtg . 10 / 4 / 93 Mr . Walker said that when lie made the recommendation for the increase in the rates he felt there would be a significant increase in the transportation costs . There were three sewer failures in the City this past spring which the Town will charged a portion of . The Town will see the maintenance work increase . Councilman Liguori asked if this means there may be a change at the Public Hearing ? Supervisor Raffensperger responded there may be a change in the SJS budget , but she does not anticipate an amount in rates different that is being proposed . There will probably not be enough change from the SJS budget that would allow a moderation in the increase . Councilman Liguori said this is not a surcharge increase , it is a basic increase . This is not a Town surcharge . The Supervisor said a surcharge increase was considered and will probably have to be considered in the future . It is now at 7 % . Mr . Walker said we are not changing the surcharge percentage , that portion would increase if the water usage were changed . The Supervisor said she calculated it will increase slightly , but it will not make enough difference to solve the problems in sewer . The surcharge is not being changed and the surcharge is already established as a surcharge on the water charge . Motion carried unanimously . Agenda Item No . 28 - Public Hearing Dates : 1994 Assessment Rolls for Special. Benefit Districts The Town Clerk was authorized and directed to advertise for Public Hearings to be held on November 4 , 1993 at the following times for the consideration of the 1994 Assessment Rolls for Special Benefit Districts : 8 : 00 p . m . - Forest Home Lighting District : gloved , Councilman Whitcomb ; Seconded , Councilwoman Valentino ; carried unanimously . 8 : 01 p . m . - Glenside Lighting District : Moved , Councilwoman Valentino ; Seconded , Councilman Niklas ; carried unanimously . 8 : 02 p . m . - Renwick Heights Lighting District : Moved , Councilman Niklas ; Seconded , Councilman Liguori ; carried unanimously . 2 1111111111111M TB Mtge 10 / 4 / 93 8 : 03 p . m . - Eastwood Commons Lighting District : Moved , Councilman Liguori ; Seconded , Councilwoman Leary ; carried unanimously . 8 : 04 p . m . - Clover Lane Lighting District : Moved , Councilwoman Leary ; Seconded , Councilman Klein ; carried unanimously . 8 : 05 p . m . - Winners Circle Lighting District : Moved , Councilman Klein ; Seconded , Supervisor Raffensperger ; carried unanimously . 8 : 06 p . m . - Burleigh Drive Lighting District : Moved , Supervisor Raffensperger ; Seconded , Councilman Whitcomb ; carried unanimously . 8 : 07 p . m . - West Haven Road Lighting District : Moved , Councilman Whitcomb ; Seconded , Councilwoman Valentino ; carried unanimously . 8 : 08 p . m . - Coddington Road Lighting District : Moved , Councilwoman Valentino ; Seconded , Councilman Niklas ; carried unanimously . 8 : 09 p . m . - Water Improvement Benefit District : Moved , Councilman Niklas ; Seconded , Councilman Liguori ; carried unanimously . 8 : 10 p . m . - Sewer Improvement Benefit District : Moved , Councilman Liguori ; Seconded , Councilwoman Leary ; carried unanimously . 8 : 11 p . m . - Judd Falls Road Sidewalk Benefit Improvements : Moved , Councilman Klein ; Seconded , Supervisor Raffensperger ; carried unanimously . Agenda Item No . 16 - Public hearing , " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " The Supervisor opened the Public Hearing at 7 : 15 p . m . The Town Clerk had .proof of posting and publication . The Supervisor asked for any comments from the public . No member of the public wished to address the Board at this time . Attorney Barney said this issue has been discussed several times previously . The Zoning Law requires certain numbers of parking spaces prescribed by the type of use that occurs in a particular project . There are circumstances where you have larger projects that the numbers are in excess of that which makes sense to require . This Local Law allows the Planning Board when it reviews a project that involves at least ' 0 , 000 square feet to make a determination to reduce the number of parking spaces down to 80 % , but no less than 80 % . 23 TB Mtg . 10 / 4 / 93 It also requires that the spaces not developed be kept as green space so they could be reinstated in the next five years if the estimate of the spaces needed should be changed . It allows the Planning Board up to five years to review the number of spaces to determine if the system is working . Councilman Niklas said the COC has reviewed this and they understand that this Local Law may presently alleviate some problems at East Hill Plaza , and Cornell ' s representatives who were shown an early draft thought that this Local Law would eliminate some problems . Councilman Niklas encouraged the Town Board to approve the Local Law . Supervisor Raffensperger noted the Planning Board adopted a resolution unanimously recommending the enactment of the Local Law by the Town Board . Councilman Niklas thanked Attorney Barney and Floyd Forman for working together on this . Mr . Noel Desch asked if the Planning Board would have the authority to grant a waiver ? Attorney Barney responded that they would during the Site Plan Review Process , Public Hearing closed at 7 : 19 p . m . Agenda Item No . 17 - SE R , " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO _ WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " Motion made by Councilman Klein making a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " , and therefore an Environmental Impact Statement will not be required . Carried unanimously . Agenda Item No . 18 - Adoption , " LOCAL LAW TO AA1END THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " Motion made by Councilman Liguori , seconded by Councilman Niklas enacting a " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " , and authorizing the Town Clerk to publish 24 i TB Mtge 10 / 4 / 93 and file the Local Law as prescribed by law . Roll call vote carried unanimously . Agenda Item No . 24 - Public Hearing Date SCLIWC Agreement Relating to Water Rates The Supervisor mentioned at the last Board Meeting she provided information about the recommended increase by Bolton Point . Bolton Point is proposing to set a single rate of $ 2 . 50 per 1. 000 gallons , this would be the amendment to the agreement . Motion made by Supervisor Raffensperger , seconded by Councilman Niklas authorizing the Town Clerk to advertise for a Public Hearing to be held on November , 4 , 1993 at 7 : 15 p . m . to consider amendments to the Southern Cayuga Lake Intermunicipal Water Commission Agreement Relating to Water Rates . Carried unanimously . Agenda Item No . 25 - Public Hearing Date Further Amending " LOCAL LAW PROVIDING FOR THE INSTITUTIONa ADMINISTRATIONs REGULATION & AND COLLECTION OF WATER RATES AND OTHER CHARGES RELATING TO WATER SERVICES " The Supervisor said the Town of Ithaca presently has a $ . 10 per 1000 gallon increment on the rate and a 15 `6 surcharge on water rates . The proposal is the Town would roll those together and would have a single surcharge of 206 on its water rates . This is being done partially at the request of Bolton Point in order to simplify the billing process . Councilman Whitcomb asked what the effect would be on the consumer ? Supervisor Raffensperger responded for the typical residential customer at 200000 per quarter , the Town presently brings in $ 1 . 00 Plus the 15%6 The total increase would be for Bolton Point from $ 45 . 00 to $ 50 . 00 , for the Town of Ithaca from $ 9 . 05 to $ 10 . 00 . From that $ . 95 the increment is subtracted . The actual change is about an 11 % increase , at 20 , 000 gallons $ 5 . 95 per quarter . The more water that is used the higher the increase because there has not been a flat rate . This is the final step in flattening the rate . Councilman Liguori asked if there were indications this would be leveling off for a while ? Supervisor Raffensperger said it is hoped so , the Commission has had some difficult cash flow problems it is hoped this rate will provide a better base for the future . 25 TB Mtge 10 / 4 / 93 Councilwoman Valentino said the water has to be sold at a cost to make sure it is covering the expenses . The Supervisor stated unfortunately , for a few years Bolton Point was selling water for less than it cost them to produce and obviously that cannot be done for a long period of time . After this the Commission feels there should be regular small increases in the water rates each year instead of waiting and trying to fix everything; in two or three years . There needs to be economies in the production of water and the Commission is looking at off peak electrical use as well as other economies . Motion made by Councilman Niklas , seconded by Councilman Liguori authorizing and directing the Town Clerk to advertise for a Public Hearing to be held on November 4 , 1993 at 7 : 20 p . m . to consider a Local Law further amending Local Law No . 2 of the Year 1976 entitled a " LOCAL LAW PROVIDING FOR THE ADMINISTRATION , REGULATION , AND COLLECTION OF WATER RATES AND OTHER CHARGES RELATING TO WATER SERVICES " . Carried unanimously . Agenda Item No . 21 - Presentation of the 1994 Town of Ithaca Tentative Budget The Supervisor read the Budget Message to the Town Board , ( see attached ) . Townwide Revenues : The Supervisor said the Real Property Tax increases are from $ 814 , 000 to $ 827 , 000 . The Non Property Tax Distribution by the County goes to the Capital Reserve Fund . There has been a decrease in revenues on Interest and Penalties received on taxes of $ 5000 , and an increase of interest and earnings of the same $ 5 , 000 because the tax collection procedures are more efficient and the money isn ' t kept in the tax account but in the Town account . There are no interfund revenues from Capital Projects next year . The mortgage tax estimate is increased because the amount received . this year far exceeds the amount projected . There is an appropriated fund balance in the revenues of $ 95 , 460 . Appropriations : The Supervisor explained the Town Board salaries are $ 5500 for each Councilperson , $ 10 , 325 for each Justice , and $ 16 , 400 and $ 4600 for the Supervisor / Budget officer for a total to the Supervisor of $ 21 , 000 in 1994 . 26 TB Mtg . 10 / 4 / 93 There is an additional item for part time assistance of 1020 hours for the Assistant Budget Officer , sometimes that has been in contractual it is in the regular personal services line for 1994 . This additional help will cost about $ 6 , 000 . That department has not had any increase in personnel in the accounting and budget department for over ten years . The requirements for what is necessary to meet Audit and Control becomes more complex . The Board may need to look in the future to doing more . The deletion of the Election Board expenses has been made and the addition of $ 4500 for two handicap voting machines has been included . All the Towns got together and talked to the County about the election board expense they charge the Towns and it was determined they are not legal , and the Towns will not pay them . It was suggested that the Towns sue the County , the Supervisor then suggested that the Towns let the County sue them , they have not done so . The County has realized the State Comptroller has a new opinion and the Towns will not have to pay these expenses . Councilman Whitcomb noticed Personal Services for the Town Engineer have decreased and student interns have increased . The Supervisor explained in 1993 the personal services and the student interns were in the same line item . The change been made to make it easier in the Personnel Department . It does include an increase in time for Mary Bryant to work in engineering which is allocated differently within the upstairs departments . Records Management has received an allocation in 1994 . The building fund has received the additional funds to meet the requirements of the Americans With Disabilities Act . Shared services is approximately the same as last year . The contingent account is the same as last year . The budget for NYS Retirement has an additional 59) , the Town may actually get hit with a 10 % increase . The Association of Towns has said budget 5 % but be cautious because by December of 1994 there may have been negotiations and agreements that will require a larger payment . Therefore , contingency has been upgraded so the Town will not find itself in a difficult situation if the State asks for more . A request has been made from the Highway Department for $ 30 , 000 which was reduced to $ 10 , 000 because the Town Board will be asked to purchase the on - site fuel tanks in 1993 instead of 1994 . Coddington Road Community Center has a modest increase again . � 7 TB Mtg . 10 / 4 / 93 The City of Ithaca Youth Bureau charges have decreased thanks to negotiations by our representative Councilwoman Valentino . State Retirement , Worker ' s Compensation , and Health Insurance have all increased . There is a transfer to Capital Reserve of $ 200 , 000 . Community Services were decreased because only a few hundred dollars were used , last year it was put in the budget just so the City of Ithaca would know the Town had the resources to negotiate the youth services because the preceding year there had not been extra funds and one had the sense they thought they had the Town over a barrel . The Town Board decided to have sufficient money in the budget to provide services so the City will know that . It has been successful as indicated by the reductions in the charges to the Town . Part Town Revenues : There is a modest increase in the estimate for the sales tax / non property distribution tax from the County . There are still some of those funds in the fire budget . There is a rumor the Governor is going to ask everyone to take a 5 `,t; decrease in State Aid Per Capita which would be somewhat more than $ 3000 to the Town . There is sufficient money in the contingency to cover that if it occurs . Appropriations : The Supervisor asked any member of the public to ask questions or comment on the budget . Carolyn Grigorov asked about the Gadabout services ? The Supervisor stated that is one of the more successful efforts with the County . In the newspaper it was mentioned that Tompkins County was going to give the City money out of sales tax revenue for transportation and social services costs . The Supervisor contacted the County and asked , " how about the Town " . The Town Supervisors met with the County and had a very productive conversation in that the County said they would take over those costs for the Towns as a matter of equity , since they were taking them over for the City . The South Hill Trail is out of the budget . The construction in the parks will include a proposed $ 15 , 000 for the IocovelIi South Park , the repaving of East Ithaca recreationways for $ 12 , 000 , and improvements to the Eastern Heights Park of $ 4000 for a basketball court that will double as an ice skating rink . 28 TB Mtge 10 / 4 / 93 There is 920 , 000 for a planning study , exactly how it will be used in the implementation of the Comprehensive Plan will be for the Town Board to determine as the policy decisions are made . Highway Revenues : The in kind funds for the South Hill Trail are deleted from the revenues . As far as the Town knows , the Consolidated Highway Improvement Program monies will remain the same . There is an appropriated fund balance for highway . There is a transfer from part town of $ 870 , 085 . Appropriations : The Supervisor made addition corrections on page 13 , under Total General Repairs the department recommendation should read $ 229 , 387 . This changes the page total. at the bottom of page to $ 810 , 4391 The Forest Home Bridge has an appropriation for $ 30 , 000 to cover the Town ' s obligation for deck and approach work if the County proceeds to do the work next year . On page 14 , correction of addition for total appropriations under department recommendations of $ 1 , 095 , 826 . Councilman. Klein asked why nothing was budgeted on the Park Lane Extension ? The Supervisor stated it is believed the entire Park Lane Extension will be completed in 1993 . The Town will be able to settle with the Quick ' s monetary compensation for the property , and the Town will be able to do the highway work to open the road in 1993 . Water Fund Revenues : The estimated revenues include the Bolton Point Commission approved water rate increase in the Town ' s surcharge . The Town ' s $ . 10 per 1000 gallons rate differential has been rolled into the surcharge overall . Surcharge income is estimated at $ 194 , 000 , a real increase of only $ 19 , 000 if consumption does not fall . When substantial changes are made in the Bolton Point Water Rate there is a drop in consumption particularly with the large consumers such as Ithaca College , The Town may not see the additional $ 19 , 000 in the surcharge income even at the rate it is being set because there is anticipated a fall in consumption . � 9 L TB Mtge 10 / 4 / 93 Some water fund balance is being used for appropriations which covers capital improvements . The Supervisor recommended the Town Board consider the bonding of most future Capital Improvements . The water budget includes increases in the water rates and some water fund balance . Sewer Revenues : Includes the proposed increases discussed earlier during the meeting . The costs for the sewer rents to the joint sewer and the joint sewer transmission are estimates in that the joint facility budget has not been finalized . The Joint Sewer Subcommittee has been considering various scenarios concerning the sale of excess capacity to non owner municipalities . These funds if realized will support the sewer budget for a time , the Town Board should note the drawn down of the sewer fund balance , :regular rate increases , increase of the benefit levy , surcharge increases , and the bonding of capital improvements are elements to be considered in the future . The sewer fund balance is being decreased each year . It is not known if some funds will be realized from the sale of excess capacity . Councilman Liguori also mentioned the funds would not be realized soon from the sale of excess capacity , but in the long run they would be received . Appropriations : Work on the infiltration system is being done this year , some funds are being left in the budget in case there is additional work to be completed . Lighting Districts The Supervisor felt it was unnecessary to review these as they are set each year by the amount necessary to pay the bills . Fire Protection Appropriations reflect the actual contractual cost for City of Ithaca and the Village of Cayuga Heights contracts . The tentative tax rate increases from $ 2 . 377 to $ 2 . 55 . Tompkins County assessment was asked to verify the assessed value figure given to the Town ; they have discovered several properties not included and are checking further . The final tax rate will , therefore , be somewhat less . 30 TB Mtge 1014193 After the budget had been printed and the budget message was done , the Town received a change in the City figure by an increase of $ 6561 which is a request to fund an amended equipment replacement schedule to buy two pieces of major equipment . The contract states if the City Fire Department is going to spend that much money in one year this Town Board has to authorize it . The Town has not received the amended equipment replacement schedule that it refers to . The Supervisor has asked that it be sent from the City . In November , the Town Board will consider whether they wish to approve these equipment purchases and the additional. funds which reflect interest costs for those purchases . Councilman Niklas asked what the purchase costs of the equipment would be ? Supervisor Raffensperger responded $ 275 , 000 for a new fire pumper , and $ 625 , 000 for a new ladder truck financed at 2 . 70 % for one year . It would make the total 1994 charge $ 1 , 311 , 675 . The additional $ 6561 is not being added until. the Board has looked at the information from the City . It is interesting that you can purchase $ 900 , 000 of fire equipment and it only costs $ 6 , 561 . That is a one year interest only amount and it is going to be a substantial increase to both, the City and the Town in future years . Councilman Liguori asked if anyone knew why the West Hill fire truck goes up and down the hill at least once an hour everyday except weekends ? Supervisor Raffensperger responded that frankly she is relieved to hear that there is a fire truck there , as there were allegations in the past that there wasn ' t . The Supervisor will ask the Fire Chief . There are revenues of sales tax funds of $ 93 , 000 in the fire budget . Fund Balance Estimates The Supervisor complimented Sally Alario , Assistant Budget Officer on her hard work determining the Fund Balance estimates . They are very difficult to calculate . The Parttown estimate includes the substraction of the monies for the fuel tank this year . The Highway Fond is healthy , but includes a subtraction for the Quick agreement and for machinery repairs . 31 t i TB Mtg . 10 / 4 / 93 Water is reasonably healthy . Sewer is being drawn down . Fire Protection never has a large fund balance . Audit and Control at one time said the Town should be able to receive revenues that are exactly the amount of the contract . but because the assessed value changes it can not be done precisely . Agenda Item No . 21 & 27 - Set Public Hearing 1994 Budget Motion made by Supervisor Raffensperger , seconded by Councilman Niklas adopting the 1994 Town of Ithaca Tentative Budget as the 1994 Town of Ithaca Preliminary Budget . and authorizing the Town Clerk to advertise for a Public Hearing to be held November 4 . 1993 at 7 : 45 p . m . to consider the adoption of the 1994 Town of Ithaca Preliminary Budget as the 1994 Town of Ithaca Final Budget Carried unanimously . Agenda Item No . 29 - Elected Officials Salaries for 1994 The Supervisor stated the Town Board is required to set the Elected Officials salaries for the next year so they can be published as information to the public . The Supervisor ' s proposed salary is $ 16 . 400 , with an additional $ 4 . 600 as Budget Officer ; Councilpersons , $ 5 . 500 each ; and Town Justices , $ 10 , 325 each . 4A � iclbyy re( (5(5dyEV , ,jPry 4 iklas . seconded by Supervisor Raffensperger adopting the salaries of the Elected Officials for the year 1994 as outlined by the Supervisor . Carried unanimously . The Supervisor asked if any member of the public wished to comment on the proposed Elected Officials salaries . No one wished to comment . Agenda Item No . 40 - Refunds Sewer Benefit Assessment Levies Mr . Walker explained the two properties deserving refunds are on Trumansburg Road . In researching the records those properties had been assessed once at the higher level and based on the cost for the Town to extend the sewer to them the benefit assessment was rescinded . It was put back on last year in error . The owners of the property are entitled to a refund . 32 TB Mtge 10 / 4 / 93 Motion made by Supervisor Raffensperger , seconded by Councilman Niklas authorizing a refund of 3 . 1 units of sewer benefit charge in the amount of $ 241 . 80 be made to Mr . and Mrs . Sgrecci at 1130 Trumansburg Road . Carried unanimously . Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing a refund of 5 . 2 units of sewer benefit charge in the amount of $ 405 . 60 be made to Mr . and Mrs . Perry of 1138 Trumansburg Road . Carried unanimously . Agenda Item No . 34 - Authorization to Participate In Cooperative Purcha s in -1 Mr . Noteboom said this would allow for the Highway Department to buy goods and services at the County bid purchases . The County sends the specifications and receives bids for all the Town ' s in the County cooperatively allowing for purchasing power with better prices . Motion made by Councilman Liguori , seconded by Councilman Whitcomb granting and authorizing the Town of Ithaca Highway participation in the County bid for the remainder of the year 1993 and for the year 1994 to include the following services ; road materials , microsurfacing , Liquid Bituminous Materials , traffic line painting , vegetation control , guiderail installation . Carried unanimously . Agenda Item No . 35 - On - Site Fuel Storage / Fuel Management Specifications Mr . Noteboom wished to have the Board ' s permission to advertise for bids for on site above ground storage tanks and a fuel management system for the Highway Department . As previously stated in other meetings the system will save the Town money on fuel for the town vehicles . Mr . Noteboom had the bid specifications and advertisement ready for the Board ' s review . Attorney Barney advised Mr . Noteboom to mail the specifications to his proposed list of vendors after the advertisement had been Published in the Town ' s legal newspaper . Motion made by Councilman Liguori , seconded by Councilwoman Valentino that the Town Board approves the bid advertisement and bid specifications for the Aboveground Fuel Tank , Dike , and Accessories ; and the Automated Fuel Management System , and the Town Clerk is authorized and directed to advertise for the acceptance of bids to be received no later than 1 : 00 p . m . , Monday , October , 25 , 1993 ; and opened publicly and read on Monday , October 25 , 1993 at 1 : 05 p . m . Carried unanimously . 33 TB Mtge 10 / 4 / 93 Supervisor Raffensperger noted there is sufficient funds in the budget to pay for the system to be installed . Agenda Item No . 36 - Public Hearing Date Updated Zoning Map Mr . Forman explained a number of changes have been made since the last update to the Zoning Map in 1989 . This would be incorporating the changes made by the Town Board since then including the most recent made on Seven Mile Drive . Councilman Niklas asked what level of resolution the map would have ? Is this by tax parcel lot , or a general map ? If you were trying to determine if a particular lot were in a zone would you use this map ? Mr . Forman said this would be an Auto Cad map and it would be 1000 scale . This map resolution would not give the clarity needed to determine individual lot zones . Mr . Walker said when the Zoning Map was originally developed it was intended to use parcel lines as boundary lines , and over the years and the scale of the map there is more feet to the inch than the original map . There is no official map that delineates the zone on the tax parcel map , and there has never been . Councilman Niklas asked how someone would know what zone their property is in ? Mr . Forman responded they would look at what the Zoning map shows mark it off and compare it to the assessments maps and aerial photographs , etcetera . Ultimately , when that is done the Zoning Officer makes the final determination . Attorney Barney mentioned most of the multiple residence , special land use areas are small zones that were an act of site specific rezoning which do have meets and bounds descriptions very close to that . Councilman Niklas made the point the intent of the updated map is not to rezone , it is to update tfie present map with the Town Board changes to the zoning since 1989 . Councilman Niklas said according to map , his property was rezoned which was not the case . Attorney Barney said if that is the case the map should be reviewed and adjusted if applicable . 34 TB Mtge 10 / 4 / 93 Councilman Niklas said there are some other people who may have not seen this proposed updated map , with this line of resolution not done by tax parcel line , consequently it can be easily misread . The Supervisor said the Planning Board has recommended to the Town Board the adoption of the updated zoning map . Motion made by Councilman Niklas , seconded by Councilman Liguori authorizing and directing the Town Clerk to advertise for a Public Hearing to be held on November 4 , 1993 at 8 : 15 p . m . to consider approval and adoption of the updated Town of Ithaca Zoning Map . Carried unanimously . The Supervisor asked the Town Engineer if when the mapping system is completed will the Town be able to do tax parcel delineations oil the Zoning Map ? Mr . Walker said yes , all tax parcels will be transferred into it either by ourselves or the County . Agenda Item No . 37 - Seminar Attendance Members Conservation Board Motion made by Councilwoman Valentino , seconded by Councilman Niklas approving the attendance by Candace Cornell and Phi tip Zarriello :members of the Conservation Board at the New York State Association of Conservation Commissions Conference on the Environment from October 22 to October 24 , 1993 at a cost not to exceed $ 750 . 00 . Carried unanimously . Agenda Item No . 38 - Seminar Attendance Town Planner Motion made by Councilman Niklas , seconded by Councilman Whitcomb approving the attendance by Town Planner , Floyd Forman at the Evelyn Wood Reading Dynamics Seminar at a cost not to exceed $ 230 . 009 Carried unanimously . Agenda Item No . 39 - Reimbursement Sanitary Sewer Damages Town Engineer , Daniel Walker explained there was a sewer blockage occurrence last winter that caused damages to the property located at 617 Elm Street Extension . The owners tried to make a claim on their homeowners insurance but they had damages that could not be claimed in the amount of $ 443 . 20 . The Town Engineer said the blockage was in the Town sewer and recommended the Town reimburse the property owner for the damages . 35 i TB Mtge 10 / 4 / 93 Motion made by Supervisor Raffensperger , seconded by Councilman Niklas authorizing the reimbursement for damages created by a sewer blockage to the property owned by Mary Mills , 617 Elm Street Extension for an amount of $ 443 . 20 . Councilman Liguori asked if reimbursement to the property owner is suggested every time there is a blockage that causes damages , does it mean the Town is automatically liable ? Attorney Barney said that if it costs $ 500 . 00 or less , yes . It is not worth facing a lawsuit for an amount such as that , if it were $ 50 , 000 it: would be another case . The Supervisor said the Town has had a few claims over the years which were for amounts this moderate , the Town has made compensation . Motion carried unanimously . Agenda Item No . 41 - EXECUTIVE SESSION Supervisor Raffensperger made a motion to move into Executive Session for the discussion of property acquisition . Seconded by Councilman. Niklas , carried unanimously . The Town Board moved into Executive Session at 8 : 23 p . m . Motion made by Supervisor to resume regular session , seconded by Councilman Niklas . Carried unanimously . The Town Board resumed regular session at 8 : 35 p . m . Agenda Item No . 42 - Adjournment There was no action taken as a result of the Executive Session . Councilman Niklas made a motion to adjourn as there was no further business to come before the Town Board . Seconded by Supervisor Raffensperger , carried unanimously . The meeting was adjourned at 8 : 37 p . m . Respectfully submitted , Joan Lent Noteboom , Town Clerk 36 TB Mtg , 10 / 4 / 93 Next Regular Meeting - Thursday , November 4 , 1993 ; 5 : 30 p . m . PUBLIC HEARINGS - Thursday , November 4 , 1993 7 : 00 p . m . - Increase : Sewer Rates , Minimum Use Charge 7 : 15 p . m . - Amendments SCLIWC Agreement , Water Rate Schedule 7 : 20 p . m . - Water Rates and Water Surcharge 7 : 30 p . m . - SCLIWC 1994 Budget 7 : 45 p . m . - Town of Ithaca 1994 Budget 8 : 00 p . m . to - 1994 Assessment Rolls for Special Benefit Districts 8 : 11 p . m . 8 : 15 p . m . - Updated Zoning Map 37 i Town Engineer ' s Report for the October 4 , 1993 Town Board Meeting . CAPITAL IMPROVEMENTS PROJECTS 1989 Water and Sewer Improvements - Inlet Valley Phase II The contractor has completed pressure testing of the installed water and sewer mains . Installation of water service taps is being completed and flushing and chlorination prior to final acceptance will be done after the service taps are done . Completion of the interior plumbing on the meter pit is pending delivery of the meters . Restoration work is continuing and has been hampered by the recent rain . ADMINISTRATION Development Review The Town Engineer has provided development review services for the following projects : 1 . Mancini Subdivision , Site utility plan and road plans 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 . Cornell Tennis Facility Construction Site Review , drainage and erosion control 3 . Deer Run Subdivision , Construction Review 4 . Briarwood Park , Compliance review on roads and public utilities Excavation and Fill Permits No applications in September TOWN ENGINEER ' S REPORT October 4 , 1993 Page 3 Schickel Road system pressure to normally acceptable standards . Sewer The Final Payment for the construction of the Kline Road/Fall Creek siphon bypass by Stevers Construction has been made . Judd Falls Road Reconstruction The Design Review Committee met September 21 and discussed development of a comprehensive plan for transportation in the Forest Home area . The FHIA will be meeting and will be presenting a list of considerations that the entire community is in agreement with , for the design review committee to discuss . The project is now scheduled for construction during the 1994 construction season . The drainage and slope stabilization work on Forest Home Drive has been completed by the Highway Department . The work crew did an excellant job on this project . South Hill Trail The Town Engineer has continued to assist the Planning and Parks Departments by reviewing and approving the trail design and providing engineering services for construction . ERPT9310 /ENGMEMO/ 9 /03 / 93 /DRW/mb Agenda '3 ' C. TOWN OF ITH: ACA HIGHWAY SUPERINTENDENT ' S REPORT FOR SEPTEMBER 1993 Town Board Meeting , October 4 , 1993 In September the Highway crews worked 947 . 25 hours on General Repairs , including 2 . 75 over time hours . Also during September work was completed on Forest Home Drive . The total man hours worked in September on this project was 293 . 5 for a grand total ( August and September ) of 634 man hours . South - Hill Trail work continued with 366 . 25 man hours worked during September . This includes 1 . 75 overtime hours . The Town and County worked together to repair the Forest Home Drive Bridge Walkway . During September this project used 162 . 5 man hours , 2 of which were overtime . Mowing continued in September , with 91 total man hours worked and 135 . 5 man hours worked on machinery . The Town Highway Department assisted the Engineering Department repair sewers on Trumansburg Road . 56 man hours were worked on this project . Along with the Brush pick up , which is slated for the week of October 18 , the following projects will be worked on in October . 1 . Continue working on South Hill Trail . 2 . Work on patching roads . 3 . Prepare for the snow season . 49 Work on various other road repairs . ghk IqI6 e1)IC1Cw �-Y -c PARKS AND OPEN SPACE 14ANAGER P S REPORT , SEPTE14BER 1993 Town Board , October 4 , 1993 1 . Park and trail mowing required 60 man hours in September as some slow down in growth occurred . 2 . South Hill Trail construction activity by Parks staff took 133 man hours . Clearing of the City section and Burns Road entrance was accomplished , some tree planting was done , and gravel was spread on the upper grade and spur connection . 3 . Several lawn restorations were completed for a total of 52 man hours . Jobs included the Schafrik residence , two water line breaks ;, and improvements to lawns at Troy and Tudor Parks . 4 . Routine maintenance tasks , totaling 221 man hours , completed our work effort in Parks for the month . October Parks Projects 16 Continue South Hill Trail construction 2 . Brush pick up October 18 - 22 , 1993 , 3 . Continue regular Parks maintenance . ghk TOWN OF ITHACA REPORT OF BUII.DING PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1993 YEAR TO DATE TYPE OF # OF # OF PER! [IT YEAR PER! 1ITS A1fOUNT PERHITS A110UNT SINGLE £A! 1ILY ,ATTACHED 1993 0 0 0 0 RESIDENCES 1992 0 0 0 0 SINGLE FA11ILY DETACHED 1993 4 409 , 000 26 3 , 032 , 993 RESIDENCES 1992 4 495 , 000 35 4 , 050 , 300 1993 0 0 4 340 , 000 TWO FAMILY RESIDENCES 1992 0 0 2 260 , 000 1993 0 0 9 111 , 000 RENOVATIONS 1992 2 29 , 900 15 275 , 781 1993 0 0 8 159 , 500 CONVERSIONS OF USE 1992 0 0 6 89 , 000 1993 1 48 , 594 13 387 , 103 ADDITIONS TO FOOTPRINT 1992 1 90 , 000 18 689 , 778 1993 0 0 0 0 MULTIPLE RESIDENCES 1992 0 0 0 0 BUSINESS 0 0 0 0 1993 0 0 11 493 , 681 1992 3 480 , 000 6 6070000 1993 0 0 2 300 , 000 AGRICULTURAL 1992 0 0 0 0 1993 0 0 0 0 INDUSTRIAL 1992 0 0 0 0 EDUCATIONAL 1993 0 0 6 11 , 825 , 000 1992 2 270 , 800 5 782 , 010 MISCELLANEOUS 1 Replace open deck 1 600 CONSTRUCTION 2 Attached Garages 22 , 730 1993 3 24 , 330 32 304 , 269 1992 1 500 48 357 , 698 TOTAL NU11BER OF 1993 8 481 , 924 111 16 , 953 , 546 PERlfITS ISSUED 1992 13 1 , 366 , 200 135 7 , 111 , 567 TOTAL FEES 1993 8 1 , 195 111 17 , 000 RECEIVED 1992 13 20860 135 16 , 242 Date Preparedi September , 30 1993 Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 7"M OF ITHACA Monthly Report - September 1993 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONT11 10 1 . 115 Pinewood Place - conversion of basement to an apartment . 2 . 21 Marcy Court - new single family dwelling . 3 . 10 Evergreen Lane - new single family dwelling . 4 . 180 Calkins Road - conversion of accessory building to temporary residence . 5 . ffitchell Street- replace roof on the High Voltage Laboratory , 6 . 101 Dates Drive , Apartment # 2 - 3 - addition of second floor dwelling unit . 7 . 212 Bundy Road - addition of one bedroom apartment . 8 . 289 Culver Road - living room addition . 9 . Tompkins Community Hospital - demolition of heating plant . 10 . 124 Honness Lane - basement bathroom addition . TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1993 . . . 145 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE - 1992 135 COMPLAINTS INVESTIGATED THIS MONTH 3 1 . 1053 East Shore Drive - building code - pending . 2 . 887 Taughannock Boulevard - building code - pending . 3 . 635 Sheffield Road - building code - no violation found . From August 1993 1 . Ides Plaza - sign law - pending . 2 . Collegeview ffobile Home Park - zoning / local law - abated . 3 . 221 Eastern Heights Drive - occupancy - abated . 4 . 185 East King Road - zoning / setback - pending . From July 1993 : 1 . 147 Pine Tree Road - fence height - pending ZBA approval . 2 . 801 Five ( file Drive - property maintenance - pending . 3 . 340 Warren Road - use violation - pending ZBA approval . From June 1: 993 : 1 . 119 Williams Glen Road - property maintenance - pending . 2 . 215 Renwick Drive - unregistered automobile - pending ZBA approval 10 / 13 / 93 . From May 1993 : 1 . 401 Sheffield Road - property maintenance - pending . From February 1993 : 1 . 155 Poole Road - ZBA conditions violated - pending . From November 1992 : 1 . 111 Joanne Drive - building without a permit - abated . From flay 1990 : 1 . 110 Buttermilk Fails Road - building code - NYS denied appeal . TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE - 1993 47 TOTAL COMPLAINT'S INVESTIGATED YEAR TO DATE - 1992 56 TOTAL FIEID VISITS 71fIS MONTH . . . . . . . . . 69 Uniform Building Code - 57 Local Law and Zoning Inspections - 10 Fire Safety - 0 Fire Safety Reinspections - 1 Fire Occurrences - 0 Fire Occurrence Reinspection - 1 TOTAL FIELD VISITS YEAR TO DATE - 1993 857 TOTAL FIELD VISITS YEAR TO DATE - 1992 1024 TOTAL SIGN PERMITS THIS MONTH 0 TOTAL SIGN PERKETS YEAR TO DATE - 1993 5 TOTAL SIGN PER1{ITS YEAR TO DATE - 1992 15 ZONING BOARD OF APPEALS 1 HEETING - 3 NEW CASES - AGENDA ATTACHED TOWN OF ITHACA WMDI G BOARD OF APPEALS NOTICE OF PUBLIC HEARD4GS WEDNESDAY , SEP=ER It 1993 7 : 00 P . H . By direction of the Chairman of the Zcning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , September 1 , 1993 , in Tom Hall , 1 : 6 East Seneca Street , ( FIRST Floor , REAR Entrance , WESO Side ) , Ithaca , 11 . Y . , C011 LACING AT 7 : 00 P . H . , on the following mat :. ers : APPEAL OF KENNETH A . POYER , APPELLANT , REQUESTING A VARIAIICEE FROH THE REQUIREMENTS OF ARTICLE HIV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TC XZ CONSTRUCT A RESIDENTIAL BUILDING 36 FEET + IN HEIGHT ( 30 FEET R= 01 HEIGHT PERMITTED r� — Q AT 10 EVERGREEN LANE , TOWN OF ITHACA TAX PARCEL NO . 33 - 1 - 1 . 26 , RESIDENCE DISTRICT R - 15 . APPEAL OF CHRISTEN E . AND1fAURICE HALTOM , APPELLANTS , DON CRITTENDEN , ESQUIRE , AGENT , REQUESTINC A VARLaICE FRCM THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONIN( ORDINANCE , TO BE PEPItITTED TO IWIIJTAIN AN EXISTI11C TWO FAILILY RESIDENCE WITH A BUILDIN( SETBACK FROH THE FRONT YARD ROAD RIGHT - OF - WAY LINE OF 22 . 6 ± FEET ( 25 FOOT SETBACJ Co REQUIRED ) LOCATED AT 121 EASTERN EIGHTS DRIVE , TOWN OF ITHACA TAX PARCEL NO . 57 - 1 - 8 . 116 „mac RESIDENCE DISTRICT R - 15 . APPEAL OF LEE W . SCHRU13EN , APPELLANT , REQUESTING AUTHORIZATION FRCH THE ZONING BOARD OF APPEALS UNDER ARTICLE XII: , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED Tc CONSTRUCT AN OUTSIDE WOOD DECK TO THE NORTH SIDE OF AN EXISTIIIG NONCOIIFORI-fING BUILDING / LO' LOCATED AT 869 TAUGHANN0CK BOULEVARD , TOWN OF ITHACA TAX PARCEL, 110 , 25 - 2 - 25 , RESIDENCI C DISTRICT R - 15 . SAID DECK j•lTi .i . BE LOCATED 9 FEET 4 INCHES + TO THE NORTH SIDE LOT LINE 0 ; A PARCEL OF LAUD THAT IS 50 ± FEET WIDE ( 100 FOOT LOT WIDTHS REQUIRED ) AND IS APPROXI2fATEL1 7 , 250 SQUARE FEET IN AREA ( 15 , 000 SQUARE FOOT LOT AREAS REQUIRED ) . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all person in support of such matters or objections thereto . Persons may appear by agent or in person . Andrew S . Frost Building Inspector / Zoning Enforcement Office 273 - 1783 Dated : August 23 , 1993 Publish : August 27 , 1993 t' MEMORANDUM TO: Town Board Members FROM: Floyd Forman, Town Planner DATE: October 1 , 1993 RE: Planning Department Activity Report. The following is a synopsis of Planning Department activity for the period September 11 , 1993 through October 1 , 1993 : Planning Board Development Review The Planning Board held two meetings during this period : September 14, and September 21 . On September 21 , the Planning Board gave final subdivision approval , for a six lot subdivision for lands owned by Earland Mancini, located in the Light Industrial District on Elmira Road , Comprehensive Plan On September 21, after further discussion of the Plan, the Planning Board determined that the Comprehensive Plan would have no significant negative environmental impacts, and following that determination, adopted the Comprehensive Plan. Cornell GEIS On September 14., the Planning Board determined that all changes required to be made to the GEIS for the purpose of determining whether the document was ready for public review, had been made. A Public Hearing on the GEIS has been scheduled for October 19. Codes and Ordinances Committee ( COC) The COC met on September 29 . The Committee listened to Professor Patricia Pollak from Cornell, concerning innovative housing ideas for senior citizens . Among the ideas discussed were elder cottages, shared living residences and match-up home sharing. The Committee also discussed projects on which wetlands were located, and whether wetland area should be included in determining the maximum number of units for a cluster subdivision . Miscellaneous Staff continues to supervise construction of the South Hill Trail and is working towards substantial completion of the project during the fall . Staff is also working on a nature guide for the Trail . A member of the Planning Department is attending a regional conference of the American Planning Association. Staff is continuing to work with Professor Sherene Baugher from Cornell on the Inlet Valley Archaeological project. 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 . Planning department staff members attended a seminar on co - housing sponsored by Eco-village at Cornell University . Planning and Engineering staff members met with representatives of Ithacare concerning their proposal to rezone and develop a site just south of NCR, on Danby Road . The Town Supervisor and Town Planner met with faculty members and administration from Cornell University concerning possible expansion of Wilson Laboratory through the addition of a "B Meson Factory" . Cornell and Stanford are finalists for the Department of Energy project. TOWN OF ITIAACA 199m4 TENTATIVE BUDGET 9 / 30 / 93 BUDGET MESSAGE - Shirley Raffensporgor TOWNWI' DE Townwido estimated expenditures for 1994 are $ 1 , 424 , 423 . $ 200 , 000 of that amount is accounted for by a transfer to a Capital Reserve Fund , established by the Town Board September 13 , 1993 . The source of funds for that transfer are indicated in the Townwide revenue account Non - Property Tax Distribution by County and are an ostimate of the revonuo anticipated from the additional 1 cent sales tax authorized by Tompkins County through 1995 . Apart from the appropriation to the reserve fund , appropriations in Townwido Increase about 3Z , including an avorago increase in Town staff compensation of 4Z ; an increase of $ 16 , 000 for Town Hall renovations to moot the requiremonts of the Americans With Disabilities Act ; increases in employee benefits of almost $ 10 , 000 ,' mostly in State retirement and health insurance costs . E1ec�bens includes a decrease of appropriations of $ 31 . 000 for Election Board expenses and added funds jo purchaso two now , handicapped equipped voting machines . Bus operations and human sorvico agency costs have boon assumed by Tompkins County and , therofore , arddoloted from our budget . The Contlilgoncylino Includes an amount sufficient to fund additional state retirement costs , which remain uncortain as litigation on tho matter continues . The Townwido tax rate increases from $ 1 . 166 / = 1000 assessed value to $ 1 . 18 or $ . 014 / 1000 AY , a 1 . 2Z increase . For a property valued at $ 100 , 000 , the Increase would be $ 1 . N0 . PARTTOWN Revenues and appropriations in Parttown increase less than 2Z because of such factors as the EQBA grant ( South Hill Trail ) funds in tho 1993 budget . A $ 15 . 000 revenue and appropriation amount for the GEIS is included , basically a pass - through . Employee benefits Increase , again primarily in retirement and health insurance , approximately 26Z . Traffic Safety has increased $ 10 , 000 to begin work on improving traffic signs in the Town . Tho increased contingency includes funds for possible increases in retirement costs for both Parttown and Highway . 1110HWAY The Highway Funds shows the deletion of EQBA funds ( 1993 - $ 161103 ) . $ 30 , 000 for the Forest Home Bridge is included , an amount ostimatod to cover our obligations for dock and approach work . Employee benefits increase over 30X , primarily in workers compensation , health insurance and retirement costs . WATER Estimated revenues include the Bolton Point Commission approved water rate increase and the Town ' s surcharge . The motorod water sales figures in 1993 Included the Town ' s $ . 10 / 1000 gal , rate differential , amounting to about $ 35 , 000 . That number is now included in the surcharge ostimato . Overall , surchargo income to the Town is ostimatod at $ 194 oOO , a real increase of $ 19 , 000 , if consumption does not fall . The water fund balance permits the appropriation of $ 121 , 072 , which covers the approprihtions for Capital Improvements tnd;Horthoi) wfr 1nffabjM1tat-iofi The Town Board should consider bonding future capital improvements . SEWER The Sower budget includes a proposed increase in sower rates from $ 1 . 20 / 1000 gallons to $ 1 . 35 / 1000 gallons . Because of the amount in the Sower Fund Balance , the Town has not increased the rate since 1990 . Costs for � awor Rents to ioint Sower and Joint Sower Transmission are estimates , In that the Joint facility budget has not boon finalized . The Sewer Joint Subcommittee has boon considoring various scenarios re the solo Of oxcoss capacity to non — owner municipalities . While those funds , if realized , will support the sewer budget for a time , the Town Board should note the draw — down of the sower fund balance . Regular rate increases , an increase in the benefit levy , and the bonding of capital improvements are elements to be considered in the future . FIRE Appropriations reflect the actual contractual costs for City of Ithaca and Village Of Cayuga Hoights contracts . The tentative tax rate increases from $ 2 . 377 to $ 2 . 55 . Tompkins County assessment was asked to vorify the assessed value figure given to the Town ; they have discovered several properties not included and are checking further . The final tax rate will , therefore , be somewhat loss . FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 3B Authorization To Make Progress Payment for Inlet Valley Water and Sewer Contract No . 4 Resolution No . 280 WHEREAS , the early board meeting scheduled in October did not allow sufficient time to prepare a full payment requisition for work performed on the Inlet Valley Water and Sewer Contract No . 4 during September by the contractor , G . DeVincentis & Son Construction , Incorporated ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a progress payment as recommended by the Town Engineer not to exceed the amount of $ 50 , 000 be paid to G . DeVincentis & Son Construction , Incorporated . Payment shall not be made until a requisition is submitted to the Town Budget Officer , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : October 4 , 1993 001� ) Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 1014193 Agenda Item No . 7 Town Board Meeting Minutes - September 13 , 1993 Resolution No . 281 WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held on September 13 , 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 for the regular meeting held September 13 , 1993 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk I i FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 8 Town of Ithaca Warrants Resolution No . 282 WHEREAS , the abstracts with the following numbered listing of vouchers have been presented to the Town Board for approval of payment ; and WHEREAS , said abstracts have been audited for payment by the Town Board. ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the abstracts . General Townwide Vouchers : No . 433 to 471 $ 439584 . 02 General Outside Village Vouchers : No . 230 to 257 32 , 065 . 81 Highway Vouchers : No . 326 to 351 1179541 . 60 Water & Sewer Vouchers : No . 254 to 267 359 , 312 . 21 Lighting District Vouchers : No . 25 to 27 902 . 63 Capital Projects Vouchers : No . 43 720 . 00 MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Carried Unanimously DATED : October 4 , 1993 Is. Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 9 Bolton Point Warrants Resolution No . 283 WHEREAS , the abstract with the following numbered listing of vouchers for Bolton Point have been presented to the Town Board for approval of payment ; and WHEREAS , said abstract has been audited for payment by the Town Board , now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the abstract . Operating Fund Vouchers : No . 558 to 614 $ 116 , 768 . 90 MOVED : Supervisor Raffensperger Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 10 Sewer Billing Refund Resolution No . 284 WHEREAS , it has been determined that a refund is due in the amount of $ 13 . 68 for the sewer billing of September 1993 for the property located at 1081 Taughannock Boulevard , Account # B - 5016 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $ 13 . 68 be made to the owner of the referenced property . MOVED : Councilman Liguori Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 � ( 1 jJO r.k / l G Joan Lent Noteboom , Town Clerk I FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 11 Records Management Disposition Listing Resolution No . 285 WHEREAS , the Town of Ithaca has completed the inventory phase of the Records Management Program as outlined by the State Archives and Records Administration ( SARA ) ; and WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Supervisor , Town Clerk , and Department Heads shall review and approve disposition of said records before disposition ; now therefore be it RESOLVED , the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk I FINAL Town Board Meeting 1014 / 93 Agenda Item No . 12 Ithacare Rezoning Request Resolution No . 286 WHEREAS . Ithacare , a Not - For - Profit Adult Care Facility has requested a rezoning from Industrial to a Residence District for a parcel of land located on Danby Road across from Ithaca College and South of the NCR complex in order to construct a residential care facility ; and WHEREAS , the Town Board has reviewed the rezoning request as presented by Ithacare ; now therefore be it RESOLVED . the Town Board of the Town of Ithaca hereby refers the rezoning request from Ithacare to the Town Planning Board for their review and recommendation of rezoning from Industrial to the appropriate zone for the said property . MOVED : Supervisor Raffensperger Supervisor Raffensperger Aye Councilman Whitcomb Aye SECONDED : Councilman Liguori Councilwoman Valentino Aye Councilman Niklas Abstained DATED : October 4 , 1993 Councilman Liguori Aye Councilwoman Leary Aye Councilman Klein Aye /Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 14 SEQR - Local Law Records Management Resolution No . 287 WHEREAS , this action is the consideration of the proposed " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " ; and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review ; and WHEREAS , the Town Board , at their October 4 , 1993 regular meeting , has reviewed the proposed Local Law , and the Short Environmental Assessment Form prepared by the Town Clerk / Records Management Officer ; and WHEREAS , the Town Clerk / Records Management Officer has recommended a Negative Determination of Environmental Significance in and for the proposed action ; now therefore be it RESOLVED , that the Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITIIACA " ; and therefore an Environmental Impact Statement will not be required . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk I FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 15 Local Law Records Management Policies and Procedures Resolution No . 288 WHEREAS , the properly advertised Public Hearing has been held to consider the enactment of a " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby enacts said Local Law ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to file said Local Law as required by law . MOVED : Councilwoman Valentino Roll Call Vote Supervisor Raffensperger Aye SECONDED : Councilman Nikl. as Councilman Whitcomb Aye Councilwoman Valentino Aye DATED : October 4 , 1993 Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye Councilman Klein Aye Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 1014 / 93 Agenda Item No . 17 SEQR - Local Law Parking Requirements in Business and Industrial Districts Resolution No . 289 WHEREAS , this action is the consideration of the proposed " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " ; and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review ; and WHEREAS , the Town Board , at their October 4 , 1993 regular meeting , has reviewed the proposed Local Law , and the Short Environmental Assessment Form prepared by the Planning Department ; and WHEREAS , the Town Planner has recommended a Negative Determination of Environmental Significance in and for the proposed action ; now therefore be it RESOLVED , that the Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " ; and therefore an Environmental Impact Statement will not be required . MOVED : Councilman Klein Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 18 Local Law Parking Requirements in Business & Industrial Districts Resolution No . 290 WHEREAS , the properly advertised Public Hearing has been held to consider the enactment of a " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS Or PARKING REQUIREMENTS IN BUSINESS A14D INDUSTRIAL DISTRICTS " ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enacts said Local Law ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to publish and file said Local Law as required by law . MOVED : Councilman Liguori Roll Call Vote Supervisor Raffensperger Aye SECONDED : Councilman Niklas Councilman Whitcomb Aye Councilwoman Valentino Aye DATED : October 4 , 1993 Councilman Niklas Aye Councilman Liguori Aye Councilwoman Leary Aye Councilman Klein Aye Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 19 Records Management Procedures and Policies Manual Resolution No . 291 WHEREAS , the Records Management Officer has prepared a Town of Ithaca Records Management Procedures and Policies Manual to be utilized by all Town of Ithaca management , supervisory , salaried and hourly employees , boards , committees , and elected officials for the administration of the Records Management Program ; and WHEREAS , the Town Board has reviewed and discussed the Records Management Procedures and Policies Manual and wishes the implementation of the procedures and policies described in the manual ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves and adopts the Town of Ithaca Records Management Procedures and Policies Manual as the official said manual for the Town ; and be it further RESOLVED , that the procedures and policies described in the manual shall be implemented by all Town of Ithaca management , supervisory , salaried and hourly employees , boards , committees , and elected officials upon adoption of this resolution . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 Joan ent Noteboom , Town Clerk i FINAL Town Board Meeting 10 ! 4193 Agenda Item No . 20 Election Inspectors - In Lieu of Mileage Rate Increase Resolution No . 292 WHEREAS , the Town of Ithaca Election Inspectors contribute a valuable service to the Town of Ithaca as Election Inspectors ; and WHEREAS , many of the Election Inspectors have voiced concern about the equity in the loss of mileage reimbursement ; and WHEREAS , the Town Board wishes to continue their show of support and appreciation to the Election Inspectors for their service to the Town ; now therefore be it RESOLVED , the Town Board hereby adopts and approves an increase in the salary of 55 . 00 per day for each Election Inspector as an offset of mileage reimbursement ; and be it further RESOLVED , the increase shall commence with the general election to be held on November 2 , 1993 . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 23 Public Hearing Date - 1994 Sewer Rates / Minimum Sewer Use Charge Resolution No . 293 BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on November 4 . 1993 . at 7 : 00 p . m . to consider an increase in the Town of Ithaca Sewer Rates and to provide for a Minimum Sewer Use Charge . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 . 1993 Qrkyi j ja ul." Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 24 Public Hearing Date - Amendments to SCLIWC Agreement Resolution No . 294 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held on November 4 , 1993 at 7 : 15 p . m . at the regular monthly meeting of the Town Board to consider amendments to the Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) Agreement Relating to Water Rates . MOVED : Supervisor Raffensperger Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 apt) , Vk Y J' ,�+ Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 1. 0 / 4 / 93 Agenda Item No . 25 Public Hearing Date - Amendment Local Law No . 2 / 1976 Proposed 1994 Water Rates Resolution No . 295 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held November 4 , 1993 , at 7 : 20 p . m . at the regular monthly meeting of the Town Board to consider a Local Law further amending Local Law No . 2 of the Year 1976 entitled a " LOCAL LAW PROVIDING FOR THE ADMINISTRATION , REGULATION , AND COLLECTION OF WATER RATES AND OTHER CHARGES RELATING TO WATER SERVICES " , to increase the water rates to be charged to consumers of Bolton Point water in the Town of Ithaca . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk i FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 22 & 26 Public Hearing Date - 1994 SCLIWC Budget Resolution No . 296 WHEREAS , the Budget Officer and the Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) have presented the 1994 SCLIWC Tentative Budget to the Town Board for their review ; and WHEREAS , the Town Board has reviewed said 1994 SCLIWC Tentative Budget ; now therefore be it RESOLVED , the Town Board hereby adopts the 1994 SCLIWC Tentative Budget as the 1994 Preliminary SCLIWC Budget ; and be it further RESOLVED , the Town Board hereby authorizes and directs the Town Clerk to advertise for a Public Hearing to be held at the next regular meeting of the Town Board at 7 : 30 p . m . , November 4 , 1993 to consider the adoption of the 1994 Preliminary SCLIWC Budget as the 1994 SCLIWC Budget . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Cle"41 CC Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 21 & 27 Public Hearing Date - 1994 Town of Ithaca Budget Resolution No . 297 WHEREAS , the Budget Officer has presented the 1994 Town of Ithaca Tentative Budget to the Town Board for their review ; and WHEREAS , the Town Board has reviewed said 1994 Town of Ithaca Tentative Budget ; now therefore be it RESOLVED , the Town Board hereby adopts the 1994 Town of Ithaca Tentative Budget as the 1994 Town of Ithaca Preliminary Budget ; and be it further RESOLVED , the Town Board hereby authorizes and directs the Town Clerk to advertise for a Public Hearing to be held at the next regular meeting of the Town Board at 7 : 45 p . m . November 4 , 1993 to consider the adoption of the 1994 Town of Ithaca Preliminary Budget as the 1994 Town of Ithaca Budget . MOVED : Supervisor Raffensperger Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Joan tent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 28 Public Hearing Dates - Special Benefit Districts Resolution No . 298 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for Public Hearings to be held at the next regular meeting of the Town Board on November 4 , 1993 , at the following times , for the consideration of the following 1994 Assessment Rolls for Special Benefit Districts . 8 : 00 p . m . Forest Home Lighting District Moved : Councilman Whitcomb Seconded : Councilwoman Valentino Carried Unanimously 8 : 01 p . m . -• Glenside Lighting District Moved : Councilwoman Valentino Seconded : Councilman Niklas Carried Unanimously 8 : 02 p . m . - Renwick Heights Lighting District Moved : Councilman Niklas Seconded : Councilman Liguori Carried Unanimously 8 : 03 p . m . - Eastwood Commons Lighting District Moved : Councilman Liguori Seconded : Councilwoman Leary Carried Unanimously 8 : 04 p . m . - Clover Lane Lighting District Moved : Councilwoman Leary Seconded : Councilman Klein Carried Unanimously 8 : 05 p . m . - Winners Circle Lighting District Moved : Councilman Klein Seconded : Supervisor Raffensperger Carried Unanimously 8 : 06 p . m . - Burleigh Drive Lighting District Moved : Supervisor Raffensperger Seconded : Councilman Whitcomb Carried Unanimously 8 : 07 p . m . - West Haven Road Lighting District Moved : Councilman Whitcomb Seconded : Councilwoman Valentino Carried Unanimously 8 : 08 p . m . - Coddington Road Lighting District Moved : Councilwoman Valentino Seconded : Councilman Niklas Carried Unanimously 8 : 09 p . m . - Water Improvement Benefit District Moved : Councilman Niklas Seconded : Councilman Liguori Carried Unanimously TB Resolution No . 298 1014193 Page 2 . 8 : 10 p . m . - Sewer Improvement Benefit District Moved : Councilman Liguori Seconded : Councilwoman Leary Carried Unanimously 8 : 11 p . m . Judd Falls Road Sidewalk Benefit Improvements Moved : Councilman Klein Seconded : Supervisor Raffensperger Carried Unanimously DATED : October 4 , 1993 IIfs Joan Lent Noteboom , Town Clerk i FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 29 1994 Elected Officials Salaries Resolution No . 299 WHEREAS . the Town Board of the Town of Ithaca has reviewed the proposed salaries for the Elected Officials of the Town of Ithaca for the year 1994 ; and WHEREAS , said salaries meet with the approval of the Ithaca Town Board ; now therefore be it RESOLVED . that the following salaries are hereby adopted for the Elected Officials of the Town of Ithaca for the year 1994 : SUPERVISOR $ 16 . 400 BUDGET OFFICER 4 . 600 TOWN COUNCIL MEMBERS 59500 TOWN JUSTICES 10 . 325 MOVED : Councilman Niklas Carried Unanimously SECONDED : Supervisor Raffensperger DATED : October 4 . 1993 JL p ee, Joan Lent Noteboom , Town Clerk F ! NAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 30 Approval of Town Officials Benefits and Policies Booklet Resolution No . 300 WHEREAS , there is a need to provide elected and appointed officials with information regarding benefits and policies affecting them during their service to the Town ; and WHEREAS , the Personnel Committee has reviewed the attached Benefits and Policies Booklet and recommends its distribution to Town officials ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby support and approve the attached Town Officials Benefits and Policies Booklet for distribution to all Town officials . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 31 Lowering Speed Limit on Forest Home Drive Bridge Resolution No . 301 WHEREAS , pursuant to Vehicle and Traffic Law , Sec . 1663 , Special Speed Limits On Bridges and Other Related Structures , " the Town Board of any Town may determine the maximum speed which may be maintained without structural damage to bridges and elevated structures that are a part of any Town highway in such town and if , such maximum speed is lower than the maximum speed limit otherwise applicable , may by order , rule or regulation establish such lower maximum speed limit at which vehicles may proceed on any such bridge or structure " ; and WHEREAS , the Tompkins County Department of Public Works has lowered the maximum weight that can be safely driven on the Forest Home Drive bridge ; and WHEREAS , a speed limit of 15 miles per hour ( MPH ) would be a safe speed limit for the above said bridge to maintain a 20 ton weight limit ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the reduction of the speed limit on the Forest Home Drive bridge to 15 MPH . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : October 4 , 1993 Joa Lent Noteboom , Town Clerk Town Board Meeting 10 / 4 / 93 FINAL Agenda Item No . 32 Acceptance of a Portion of Birchwood Drive As A Town of Ithaca Highway Resolution No . 302 WHEREAS , with respect to the Briarwood Park Subdivision the Town of Ithaca Planning Board , acting as lead agency , had made a negative determination of environmental significance for this action ; and WHEREAS , the Town of Ithaca Planning Board granted final subdivision approval for Briarwood Park on September 1 , 1987 ; and WHEREAS , Lucente Homes has substantially completed construction of a portion of Birchwood Drive South , culverts , water and sewer mains , except for final surfacing of the roadway ; and WHEREAS , the Town Engineer and the Acting Highway Superintendent have inspected the road base and utility construction , and have recommended that final surfacing be completed (luring the summer of 1994 to prevent damage from heavy construction traffic ; and WHEREAS , Lucente Homes has agreed to provide financial security to ensure that the road will be completed in a timely fashion ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby accept approximately 480 lineal feet of Birchwood Drive South and approximately 50 lineal feet of Briarwood Drive as Town Highways , with the condition that an agreement acceptable to the Town Engineer , the Acting Highway Superintendent and the Town Attorney be executed with Lucente Homes to ensure proper completion of the road surface . MOVED : Councilman Niklas SECONDED : Councilman Liguori Carried Unanimously DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk Town Board Meeting 1014 ! 93 FINAL Agenda Item No . 34 Participation In County Bids Resolution No . 303 WHEREAS , each year Tompkins County solicits bids for Highway goods and services ; and WHEREAS , the Ithaca Town Highway Department would like to be able to purchase road materials and highway goods and services from the County bid ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby grants participation in the County bid for the remainder of the year 1993 , and for the year 1994 to include the following services : Road Materials Microsurfacing Liquid Bituminous Materials Traffic Line Painting Vegetation Control Guiderail Installation MOVED : Councilman Liguori Carried Unanimously SECONDED : Councilman Whitcomb DATED : October 4 , 1993 VU " &' cr Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 4 / 93 FINAL Agenda Item No . 35 Bid Specifications and Bid Advertisement Aboveground Fuel Tank , Dike , and Accessories Automated Fuel Management System Resolution No . 304 WHEREAS , the Public Works Committee and the Town Board have discussed and reviewed the Aboveground Fuel Tank , Dike , and Accessories ; and the Automated Fuel Management System specifications and bid advertisement prepared by the Acting Highway Superintendent ; and WHEREAS , the Public Works Committee and the Town Board agree that the installation of the said fuel storage and fuel management system will benefit the Town of Ithaca by providing easier access to fuel for the Town vehicles , lower costs , and a system of tracking vehicle fuel usage and maintenance ; now therefore be it RESOLVED , that the Town Board approves the bid advertisement and bid specifications for the Aboveground Fuel Tank , Dike , and Accessories ; and the Automated Fuel Management System ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to advertise for the acceptance of bids for the Aboveground Fuel Tank , Dike , and Accessories ; and the Automated Fuel Management System ; and be it further RESOLVED , bids will be received no later than 1 : 00 p . m . , Monday , October 25 , 1993 ; and opened publicly and read on Monday , October 25 , 1993 at 1 : 05 p . m . MOVED : Councilman Liguori SECONDED : Councilwoman Valentino Carried Unanimously DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 36 Public Hearing Date - Zoning Map Resolution No . 305 WHEREAS , the Planning Department has updated the Town of Ithaca Zoning Map by incorporating changes to the zoning made since 1989 ; and WHEREAS , said updated Zoning Map must be approved and adopted by the Town Board after a properly advertised Public Hearing has been held ; now therefore be it RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the regular meeting of the Town Board on November 4 , 1993 , at 8 : 15 p . m . to consider approval and adoption of the updated Town of Ithaca Zoning Map . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 ' Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 37 Approval Conference Expenses - Members Conservation Board Resolution No . 306 WHEREAS , Candace Cornell and Philip Zarriello members of the Conservation Board have expressed a desire to attend the New York State Association of Conservation Commissions 22nd Annual NYS Conference on the Environment to be held in Westchester County , October 22 to 24 , 1993 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves the attendance by Ms . Cornell and Mr . Zarriello at said conference with costs for registration , lodging , meals , and mileage not to exceed $ 750 . 00 .• MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 Q�OrL' ) �j J"+ i Joan Lent Noteboom , Town Clerk i F I NA L. Town Board Meeting 10 / 4 / 93 Agenda Item No . 38 Attendance , Evelyn Wood Reading Dynamics Seminar Resolution No . 307 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the request to send the Town Planner . Floyd Forman to the Evelyn Wood Reading Dynamics Seminar in Binghamton on October 25 , 1993 , at a cost not to exceed $ 230 . 00 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Whitcomb DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk _ n�menminnn��� FINAL Town Board Meeting 10 / 4 / 93 Agenda Item No . 39 Reimbursement for Damage - Sewer Blockage Resolution No . 308 WHEREAS , on February 20 , 1993 the Elm Street Extension sanitary sewer became blocked causing sanitary sewage to back up in the basement of the house at 617 Elm Street Extension ; and WHEREAS , Mary Mills has presented an itemized list of cleanup costs and replacement costs for items damaged beyond repair ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the reimbursement for damages to Mary Mills for an amount of $ 443 . 20 . MOVED : Supervisor Raffensperger Carried Unanimously SECONDED : Councilman Niklas DATED : October 4 , 1993 l Joan Lent Noteboom , Town Clerk i FINAL 1' owr, 3oard i4ee ', it-- €; 1J / i r' 9 Agenda I tern _qo . 40 Benefit Assessment ReflI]]r.Yi((�� - Sgre: C cA Ci. Rs o Ill t 1 () n Tr ) .l Cf Wri REAS C3r1 an (1 tk•'i8—1 i I y n vgI- ecci , 1130 Trli Tianslbilri, goad --vere charged. 3 . 1 units of sewer Ibenef i t on their 1. 993 ta :: gill for Town of :Ithaca tax parcel and R/ IIrRB.A ;� , in past years the property had rot been assess %� c a :: ew (r r cpCne fit be CaLISe the sewer is located on the opposite sicte of State Route 96 , and a de t. erminaiion had be_ � n fiad :: by the Towrl Lk ,I pra 'e- CaI. Cliffi ! ll1tV t) rf: ClLrded SG' wer Service I tf1 p !- ope� ty ; amt 1'JiTD :RI_: AS , the i' 0vn_ Lnc inee :r has corific ned that 31 previo4s Waiver C> 'ti ' ; e sewer benc 'l i t as set; Snlen �, a j 7 been ;urade ; and WIMR .EAS , Id r . and airs . S recci. 'nave paid their . 99 i3 , es irl fl� l l ; now therefore be i t RESOLVE. D that th ` Town Doard o1' the "Down of Ithaca (toes l2eret% y at t h o r i z c a r (', fu (i of J . .i, lani t :i o sewl' r h ? ne it Chi3rg (' In the amount o -r x ' 41. . 80 be niadc tc Mr . and Mrs . Ssr +- ecci , 5i0VED SlIpc Y visor R a f 1, e 1Spert, er Ca r i e (: lirl ;l7] iT;1Q 'iLS i V S ,= tOt4I� cD : Cou :� cilman ?vii� las fl ,b> IL. i (_) Ctrl b r 4 , 1. ^ S` 'iA r U J' c)an L. cnt I, otel) GOin ; LOVVil C• lerl':. iF NA L Town Board Meeting 10 / 4 / 93 Agenda Item No . 40 Benefit Assessment Refund - Perry Resolution No . 310 WHEREAS , Richard and Mary Perry , 1138 Trumansburg Road were charged 5 . 2 units of sewer benefit on their 1993 tax bill for Town of Ithaca Tax Parcel 271 - 1 - 11 . 2 ; and WHEREAS , in past years the property had not been assessed a sewer benefit because the sewer is located on the opposite side of State Route 96 and a determination had been made by the Town that practical difficulty precluded sewer service to the property ; and WHEREAS , the Town Engineer has confirmed that a previous waiver of the sewer benefit assessment had been made ; and WHEREAS , Mr . and Mrs . Perry have paid their 1993 taxes in full ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund of 5 . 2 units of sewer benefit charge in the amount of $ 405 . 60 to be made to Mr . and Mrs . Perry . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 1014193 Agenda Item No . 1 - Additional Approval to Purchase Additional Insurance Coverage Resolution No . 311 WHEREAS , the Highway Department borrows , lends , and leases equipment from time to time ; and WHEREAS , there is an immediate need to provide insurance coverage for this equipment ; now therefore be it RESOLVED , the Town Board of the Town of I thaca does hereby approve adding $ 150 , 000 of Care , Custody and Control Coverage , subject to a $ 500 deductible to the town ' s insurance policy at a cost not to exceed $ 1000 a year . MOVED : Councilman Niklas CarriedUnanimously SECONDED : Councilman Liguori DATED : October 4 , 1993 Joan Lent Noteboom , Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , JOAN LENT NOTEBOOM being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca Street Ithaca , NY 14850 Date of Posting : September 21 , 1993 Date of Publication : September 23 , 1993 Town lerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) worn to and subscribed before me this day of tj -� LEAH B. CARPENTER Notary Public, State of New York Qualified in Tompkins Co. No. 4797177 Notary Pub is My Commission Expires April 30, 19--M TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , JOAN LENT NOTEBOOM being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) 1 Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca Street Ithaca , NY 14850 Date Of Posting : September 21 , 1993 Date of Publication : September 23 , 1993 Town flerk , Town of Ithaca STATE OF NEW YORK COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ;) worn to and subscribed before me this _ day of � t j 9 q \� LEAH B. CARPENTER Notary Public, State of New York Notary Public Qualified in Tompkins Co. No. 4797177p MY Commission Expires April 30, 19. t � NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN . that a public hearing will be held before the Town Board of the Town of Ithaca at 126 East Seneca Street , Ithaca . New York , on the 4th day of October . 1993 at 7 : 15 p . m . concerning a proposed " LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS " . At such time and place all persons interested in the subject thereof will be heard regarding the same . DATED : September 20 . 1993 Joan Lent Noteboom . Town Clerk Town of Ithaca NOTICE ='OF • PUBLIC HEARING. .. . . . . - NOTICE IS HEREBY GIVEN' ,that a public hearing will pi held before the' Town Board of the Town of Ithaca at .] 26 " East Seneca Street, Ithaca New York on the 4th day of October, S 993 at 7: 15 Q m. concerning a proposed LO- CAL LAVr TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS - OF ' PARKING REQUIREMENTS IN . BUSI- NESS AND INDUSTRIAL DIS TRICTS'.' At such. `time and place all persons interested in the" 'subject thereof will be heard regording the same. an Lent Noteboom Town Clerk Town of Ithaca September 23, 1993 j' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN , that a public hearing will be held before the Town Board of the Town of Ithaca at 126 East Seneca Street , Ithaca , New York , on the 4th day of October , 1993. at 7 : 00 p . m . concerning a proposed " LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS MANAGEMENT WITHIN THE TOWN OF ITHACA " . At such time and place all persons interested in the subject thereof will be heard concerning the same . DATED : September 20 . 1993 Ili Joan Lent Noteboom , Town Clerk Town of Ithaca NpTICE �j; Of _PUBGC HEARING: r 4 r NOTICE`IS,HEREBY :GIVEN 1 that o public fiearing"will bel held . before the Town 4 150641 t�Ya•L' "�w t;i of the Town of Ithaca;at T East Seneca Sheet, Ithaca` New York on the 4th day or October, 1993 at 7:00 P.M. concerning a roposed 10.`1 CAL .LAW ESTABLISHING POLICIES AND PROCE. DURES FOR RECORDS MAN AGEMENT . WITHIN THE . TOWN OF ITHACA. 0 At such time and Place all per- sons interested in the subject thereof will be heard con- cerning the same. Joan lent Noteboom Town Clerk .' - Town of Ithaca'` September 23 1993 • -: w