HomeMy WebLinkAboutTB Minutes 1995-03-13 I>
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zi 126 EAST SENECA STREET , ITHACA , N . Y . 14850
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wN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting
March 13 , 1995
5 . 30 p . m .
AGENDA
1 . Call to Order .
2 . Pledge of Allegiance .
3 , Consider EXECUTIVE SESSION .
4 . Reports of: Town Officials :
a . Town Supervisor
b . Town Engineer
c . Town Highway Parks Superintendent
d . Town Planner
e . Town Building Inspector / Zoning Officer
f . Town Clerk / Receiver of Taxes
g . Assistant Budget Officer
h . Personnel Manager
is AttornE!y for the Town
5 . Report of Town Committees ,
6 . Review of Correspondence :
a . NYSDOT - Speed Limit Park Lane area .
b . Senator John R . Kuhl , Jr . - Cable Television Commission ,
7 . 6 : 00 p . m . - Stephen Lucente , Sanctuary Woods Letter of Credit .
8 . 6 : 15 p . m . - PERSONS TO BE HEARD ,
9 . 6 : 30 p . m . - Gail Doscher , Deharder Investment Corporation
10 . Consent Items : Consider resolution approving and /.or authorizing
the following :
a . Town Board Meeting Minutes - 1 / 30 / 95 , 2 / 13 / 95
b . TOWN OF' ITHACA WARRANTS
c . BOLTON POINT WARRANTS
d . Attendance NYS Town Clerks Association Annual Conference
e . Appointment Representatives Assessment Grievance Board
f . Salary Procedures Probationary Employees
g . Appointment Temporary Engineering Aide
h . CIVITAS Summer Work Study Program . .
i . Appointment Part Time Secretary .
j . Youth Recreation Purchase of Services Cooperation Agreement ,
TB Agenda - 3 / 13 / 95
Page 2 .
10 . Consent Items : Continued
k . Attendance , " Basics of Writing Policies & Procedures
Seminar "
1 . Appointment Conservation Board member .
11 . Consider acceptance of 1994 Town Justice Dockets from Judge
Wallenbeck .
12 . Consider agreement with Tompkins County related to provisions
of transit and human services programs .
13 . Consider approval of bid specifications and bid advertisement
for hydraulic excavator .
14 . Consider approval of bid specifications and bid advertisement
for Judd Falls Road reconstruction between Tower Road and
Forest Home Drive .
15 . Consider approval of payment for utility share of Route 13 Over
Conrail , Cayuga Inlet , & Buttermilk Creek highway construction .
16 . Consider agreement with Tompkins County for the Forest Home
Bridge maintenance responsibilities .
17 . Discuss advisability of amending building height requirements
under the Zoning Ordinance .
18 . Discuss advisability of amending Local Law No . 7 / 1988 , a " LOCAL
LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN
THE TOWN OF ITHACA " .
19 . Discuss advisability of amending Local Law No . 9 / 1991 , a " LOCAL
. `ri; LAW TO REQUIRE OPERATING PERMITS FOR CERTAIN USES IN THE TOWN
/ OF ITHACA AND PROVIDING FOR INSPECTIONS OF MULTIPLE DWELLINGS
AND OTHER USES "
related to operating permit fees .
20 . Consider reduction of water and sewer benefit assessments ,
Kenneth Wells .
21 . Discussion of request for sewage service to Peregrine Hollow .
22 . Consider approval of agreement with Cornell University
regarding repairs to pipe arch under Judd Falls Road ,
23 . Consider waiver of additional review fees for the Cornell GEIS .
24 . Set public hearing to consider enacting , a " LOCAL LAW TO AMEND
THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION
OF PRELIMINARY SITE PLAN APPROVAL " .
TB Agenda - 3 / 13 / 95
Page 3 .
25 . Set public hearing to consider enacting , a " LOCAL LAW AMENDING
THE TOWN OF' ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS
IN MULTIPLE RESIDENCE DISTRICTS " .
26 . Set public hearing to consider enacting , a " LOCAL, LAW
AMENDING LOCAL LAW NO . 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID
IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL
DISTRICTS " .
27 . Review of :Facility Needs Evaluation as provided by Hoffman
O ' Brien Look Taube & Chiang , P . C . ; Architects , Planner , and
Interior Designers .
28 . Consider ADJOURNMENT .
ADDITIONAL
1 . Consider approval of attendance at the New York State Wetland
Forum , " Wetlands 195 " .
OF 1P
TOWN OF ITHACA
21 0¢� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
OWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 _
Town of Ithaca
Town Board Meeting
March 13 , 1995
5 : 30 p . m .
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York at the Town Hall , 126 East Seneca Street ,
Ithaca , New York there were present :
PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino ,
Councilwoman ; Karl Niklas , Councilman ; David Klein , Councilman ;
Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ;
Edward Conley , Councilman .
ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent
Noteboom , T(Dwn Clerk / Receiver of Taxes ; Daniel Walker , Town
Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Jonathan
Kanter , Town Planner ; Andrew Frost , Building / Zoning Officer ;
Patricia Punger , Personnel Manager ; Sally Alario , Assistant Budget
Officer .
OTHERS PRESENT : Larry Fabbroni , Salvatore Grippi , Mary A . Raponi ,
Harry Ellsworth , Virginia Lance , Richard Lance , Alan and Ann
McAdams , Robert Mueller , R . David Cutting , Valerie Coggin , William
Goldsmith , Stan Seltzer , Chris Bull , Douglas Look , Amy Chiano ,
Nancy Brcak .
Call to Order : The Supervisor called the meeting to order at 5 : 30
p . m . , and led the assemblage in the Pledge of Allegiance .
Agenda Item No . 3 - Executive Session :
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino to move into executive session to discuss a personnel
matter . Carried unanimously . The Board began the executive
session at 5 : 32 p . m .
Motion made by Councilman Niklas , seconded by Councilman Klein to
resume regular session . Carried unanimously . The Board resumed
regular session at 5 : 37 p . m . No action was taken as a result of
the executive session .
Agenda Item No . 4 - Report of Town Officials :
a . Town Supervisor - See attached report .
TBM 3 / 13 / 95
Page 2 .
b . Town Engineer - See attached report .
c . Highway / Parks Superintendent - See attached report .
d . Town Planner - See attached report . Attendance at a meeting of
the subcommittee of the Transportation Council produced interesting
discussions about elements which will reduce the effect of the
Route 96 project . The subcommittee is a good method for
coordinating cooperation with one another .
The meetings for the Tompkins County Airport Master Plan Update
have started ., The recent update has reached its life expectancy .
Improvements need to be projected for the next several decades .
e . Building Inspector / Zoning Officer : See attached report . A
representative of the State Codes Division visited the Buttermilk
Falls Bed and. Breakfast . The result of the lawsuit found that Mrs .
Rumsey , ( owner ) had to comply with the code , and a meeting with
Mrs . Rumsey and her architect to outline the necessary steps for
compliance was made . Mrs . Rumsey may decided to close the bed and
breakfast .
Councilman Klein - New York State issued a rehabilitation code ,
would that code apply to the Buttermilk Falls Bed and Breakfast ?
Mr . Frost - Attendance at a State rehabilitation code seminar was
accomplished to obtain certification . There is nothing in the new
code which would significantly effect Mrs . Rumsey ' s business . The
State Bed and Breakfast Association is trying to secure changes to
the codes for establishments like Mrs . Rumsey ' s . The
rehabilitation code will not be retroactive to anything existing ,
there should be no changes to any current violations .
Patricia Keller , Assistant Building / Zoning Officer has completed
her second course in the five course certification process required
by the State .
f . Town Clerk / Receiver of Taxes - See attached report . Betty
Poole , Deputy Town Clerk is compiling a list of the cost involved
to collect the solid waste fee on the tax bills .
g . Assistant Budget Officer - See attached report .
Supervisor Whitcomb - A meeting was held with Mr . Benedict of the
Tompkins County Trust Company to talk about electronic services the
bank may be able to offer the Town .
h . Personnel Manager - See attached report . The new part time
secretary hay; been working out very well .
TBM 3 / 13 / 95
Page 3 .
Supervisor Whitcomb - Including the summary of the Personnel
Committee meeting was very informative and helpful. .
j . Attorney for the Town - No report .
Agenda Item No . 5 - Report of Town Committees :
Councilwoman Harrison - The GEIS subcommittee met again with
Cornell . Another meeting will be held to review language drafted
by the Attorney for the Town , and the Town Planner ,
Attorney Barney - If significant changes are made the GEIS would
have to go back to the Planning Board for recommendations before
coming back to the Town Board ,
Supervisor Whitcomb - This issue has been ongoing for four years ,
finalization of this matter as soon as possible is desired .
Councilwoman Grigorov - The Planning Committee report is included
in the Town Planner ' s report . The committee set up to talk about
the Post Office is meeting next week .
Councilwoman Harrison - An issue that was addressed while looking
at the Conservation zone had to do with benefit assessments for
water and sewer . Should there be a mechanism to reduce the
assessments for properties in conservation zones ?
Mr . Walker - There is a written benefit assessment formula which
would have to be modified through the Public Works Committee .
Reducing benefit assessment for conservation easements is very
appropriate from a planning perspective , but impact on the Towns
resources would have to be addressed . The resources for the areas
projected would be relatively minor at this point . rrhere has been
a problem with individuals consolidating parcels to reduce their
tax load and then again immediately subdividing .
Mr . Klein - The Public Works Committee spent a great: deal of time
discussing the Judd Falls Road reconstruction . A meeting was held
with the Judd Falls Work Group , and most of the Forest Home
communities concerns were mitigated with the exception of not
building the road at all .
Councilwoman Harrison - The timetable for the reconstruction of the
Forest Home Bridge suggested plans would be provided two weeks ago ,
has that happened ?
Mr . Walker - The plans are not much different from what was seen
last August . The consultant on the project is behind in designing
the plans .
TBM 3 / 13 / 95
Page 4 .
Mrs . Noteboom - The Recreation Partnership elected Councilwoman
Valentino as Chair ; and Phil Dankert , Village of Lansing as Vice
Chair .
Locations are being sought for some of the programs because the
Ithaca High School will be unable to allow use of their facility
this summer due to construction work at their location .
Agenda Item No . 6 - Review of Correspondence :
a . NYSDOT , Speed Limit Park Lane : Mr . Noteboom - The Park Lane the
area speed limit had to be extended , and the State will evaluate
that area and approve the speed limit .
b . Cable TelE�vision Commission : Councilwoman Valentino - The Cable
Commission will probably be dissolved and come under the
jurisdiction of the Department of Public Service . The staff level
people would be kept . Responsibility for administering the fees
for the franchises will be kept in place . Fear that the Town would
not be able to deal with addressing cable costs has been reduced .
Councilman Klein - How does the dissolution of the Cable Commission
save the Stare the $ 865 , 000 ?
Councilwoman Valentino - That is unknown , because the cost does not
come out of general revenues or tax monies . The savings will be
realized by the cable companies who will not have to pay those
fees .
Agenda Item No . 7 - Sanctuary Woods Letter of Credit :
Larry Fabbroni - Representing Stephen Lucente , Sanctuary Drive :
Mr . Lucente would like the Town Board to consider allowing him to
post a letter of credit for his development on Sanctuary Drive .
The project received approval from the Planning Board in September
1994 . It had been started in 1993 with a wetlands delineation and
the subdivision review process . The project suffered from the loss
of the previous Town Planner at a critical point in the review .
Mr . Kanter digested the project quickly , but several months last
summer were lost for review of the project .
Health Department approval was received in October , and
construction began in mid October . It was a surprise the Town had
changed their policy since Mr . Lucente had built Bria. rwood Lane and
received a letter of credit for the improvements , as had Deer Run
and other projects .
Mr . Walker and Mr , Noteboom were prone to accepting a letter of
credit for the top paving . In October when this was discovered ,
contracts were already written and financing had proceeded .
TBM 3 / 13 / 95
Page 5 .
The Zoning Board was asked to give approval for two houses based on
the frontage " on Sapsucker Woods Road .
The Zoning Board wanted an approval from the Planning Board and
Town Board that Mr . Lucente could proceed with one home prior to
construction of the road .
Mr . Lucente is asking for the letter of credit because it is a
straight forward approach to what is being accomplished . When
addressing the ZBA and PB in terms of what can be done and how to
accomplish building one or two houses , the whole subdivision
becomes very frustrating and complicated .
Mr . Lucente has drafted an identical agreement to the one Rocco
Lucente had for Briarwood Drive . The agreement is based on the
state of completion of a signed contract , an estimation of the work
left with an additional 25 % more .
Mr . Walker has spoken to the risk factor . If the Town Board thinks
it should be 50 % over , Mr . Lucente is agreeable . In Ithaca if you
cannot proceed with construction from November 1 to the middle of
May , the whole next construction season is lost .
The progress made on the project has taken it out of the category
of not knowing whether it will succeed , to just needing the drier
weather in May and June to complete the project .
Mr . Lucente proposes a letter of credit with a completion date of
September 1 . There is an unsuccessful completion with Chase Farms .
In the agreements proposed by Mr . Lucente it calls for a letter of
credit or bond , additionally the Town could make a charge back on
the taxes if the amount of money posted was not sufficient .
Mr . Lucente should not be treated differently in terms of weighing
risk . He is a very good credit risk since he is one of the top ten
taxpayers in the Town . If this project were not successful the
Town could go back on his other properties owned within the Town .
There is nothing out of the ordinary in reviewing the project . The
drainage is working ; the construction , drying weather and ability
to get compaction will not be here until May . Anything planned
before that itt is foolhardy .
We are pleading to consider the letter of credit since they have
been allowed in the past with these types of subdivisions . Deer
Run is the latest where $ 100 , 000 was posted against completion of
the water , selaer , road , and drainage . Town law allows latitude ,
the guarantees and the security Mr . Lucente is more than happy to
provide , given the risk . It is hard to understand why one project
is able to receive a letter of credit and the next isn ' t . Mr .
4i Lucente will :Loose 1995 in terms of the market .
I
TBM 3 / 13 / 95
Page 6 .
Supervisor Whitcomb - The Highway / Parks Superintendent and the Town
Engineer should explain why a letter of credit is not appropriate
at this time , and is Mr . Lucente being treated differently from
others .
Mr . Walker - The Town has not accepted any infrastructures unless
it was substantially complete . The Deer Run project was accepted
after the road base , drainage , and water / sewer were completed ,
tested , and certified . Shalebrook Subdivision was granted a letter
of credit and accepted early because only the final top of the
paving had to be done .
Mr . Lucente ' s previous road projects were also substantially
complete before the Town accepted them with a letter- of credit .
The amount of work left to be done at Sanctuary Drive is
significant . The drainage has not been directed to the final
outlet , although there is some drainage . Water and sewer
certification. has not been received by the engineering office . At
this point a recommendation cannot be made for acceptance of the
improvements with or without a letter of credit . There is not
enough completion of the project to issue the letter of credit .
Supervisor Whitcomb - What would have to occur before engineering
would recommend a letter of credit ?
Mr . Walker - The policy which has been followed consistently for
the last several years is to have the binder in place on the road
before acceptance of the road .
Supervisor Whitcomb - At what stage will that occur , mid summer ?
Mr , Fabbroni -- It should happen in June , the subgrade is shaped and
tightened so that it is not a soggy mess . With two weeks of drying
weather it could proceed . This time of year if it rains you have
to start over . The work would have been done last: year if two
months had not been lost in change of Town staff . If Mr . Lucente
had known this prior to November 1 , the project would not have even
been started .
Mr . Walker - Until all the public utilities and improvements are
accepted by the Town , Mr . Lucente would not be allowed building
permits .
Councilman Niklas - In the past , were letters of credit accepted ?
Mr . Walker - The Town has accepted improvements which were not
totally finished with a guarantee letter of credit , cash , or an in
lieu of in escrow amount . The Deer Run developer did that and drew
on that cash as they finished the final pavement work .
TBM 3 / 13 / 95
Page 7 .
Councilman Niklas - What is the difference between the Town
accepting those letters of credit and this request
Mr . Walker - The work was at least 75 % to 85 % , complete in the
other cases .
Mr . Noteboom - One of the significant differences that Mr . Fabbroni
referenced iS that the sub base grade is cut through the area , but
has not been proof rolled . It is not known if there is a good sub
base until it has been proof rolled . The base may dry out and be
very good , or it may not , and the sub base would have to be dug out
and replaced .
Councilman Niklas - A letter of credit would have to be in an
amount to bring the road and utilities to the point where the Town
felt comfortable accepting them .
Mr . Walker - The letter of credit would be based on an estimate of
cost . If during the construction they found surprises because of
the wetness of the area , and the cost doubled , there would be
problems if the letter of credit was only for the estimated amount .
Councilman Niklas - That could be addressed by introducing a high
safety factor in the letter of credit which would guarantee
sufficient funding until completion .
Mr . Walker - The Town has full liability for a substandard access
to buildings .
Attorney Barney - The process would be for the Town to accept
title to the road , then a letter of credit is posted to provide
sufficient funding for the developer to complete the road to the
Town specifications , if the developer fails to do so the Town would
complete the road by drawing on the letter of credit . The Town
does not generally do this unless it owns the road , because the
Town could not go on private property to bring the road up to
standards even with a letter of credit , unless the road is owned by
the Town .
Councilman Niklas - Is there anyway the Town could help this
situation other than accepting the letter of credit ?
Attorney Barney - The ZBA offered a way by allowing a variance for
one building permit because the property has never been subdivided .
Mr . Lucente ' s is where to place that building because it would have
to comply with the zoning ordinance for side lots , etcetera .
Councilwoman fiarrison - Does the Town have liability because when
a building has been built people can occupy that home ? Could there
be a condition that until the road is complete the certificate of
occupancy would not be issued ?
TBM 3 / 13 / 95
Page 8 .
Attorney Barney - The liability could be covered that way . In the
past , once you issue a building permit someone is ready to move
into the house because it has been bought and paid for with a
mortgage commitment which is about to expire . The Town would be in
an awkward position of having to tell the buyer they will loose
their right to borrow at a certain interest .rate , or the
certificate of occupancy is being issued too soon .
There is also the liability during the time the road is not
completed and someone may be injured . The Town does require the
developer to provide that insurance , but with acceptance of the
road by the Town , if the insurance were not adequate the Town would
be liable .
Supervisor Whitcomb - Does the Attorney also recommend that the
letter of credit not be issued ?
Attorney Barney - " I do not make a recommendation one way or
another , I understand what Mr . Walker and Mr . Noteboom are saying . "
Councilman Niklas - Is there a way the wording of the letter of
credit could be changed for the liability to be Mr . Lucente ' s ?
Attorney Barney - A regular letter of credit states the developer
will provide -the insurance and indemnify the Town . What is put in
legally and what can be practically extracted , are sometimes
different .
What Mr . Walker and Mr . Noteboom have said is true , in recent years
the Town has accepted that risk when it is known there is a road
with a sub base , and only the final course needs to be completed .
Then an accurate estimate of finishing the road can be made . Title
could be taken by the Town , assignment of value can be made , and
the developer could finish the work . Mr . Lucente is requesting
that the Town accept a road which is in a very early stage of
completion .
Councilwoman :Harrison - " I am concerned with the precedent this
would set , it is not as though there is a tremendous hardship to
Mr . Lucente . "
Councilman Klein - It has been suggested , that since there was a
vacancy in the Planning Department the Town may have contributed to
the delay .
Mr . Walker - It was not entirely the Town ' s responsibility for the
delays . The application languished for six months because the
developer did not provide certain information the year before .
This project has been on the books for three years .
TBM 3 / 13 / 95
Page 9 .
Mr . Fabbroni - There was a very expensive wetlands determination
before bringing the project to the Town . Months_ did not go by
during the application process .
Mr . Walker - There were several times that Mr . Lucente was unable
to provide the necessary things when asked .
Attorney Barney - There was an agreement between Mr' . Lucente and
his father which was not provided on time to the Planning Board .
The reason there are so many conditions is because many things were
not presented when it was due , and the Planning Board not
withstanding , did approve the subdivision .
Mr . Frabboni - " The point tonight is not to be argumentative , if
you wished to investigate those issues , things could be pointed out
about previous staff . "
The agreement. presented is the same as what was used during the
tenure of the previous Town Planner , Mr . Lucente is suggesting
this agreement be used , he is just trying to find a way to move
forward . The water and sewer is completed other than the " as
builts " being accepted by Bolton Point .
One of the liabilities of waiting to the point the Town does to
accept a letter of credit can create problems . Having a letter of
credit does protect the Town if a developer were to declare
bankruptcy 75 % into the project .
Councilman Klein - Rather than deny the building permit , could the
Town deny the certificate of occupancy ?
Mr . Walker - That is not recommended because it would mean visits
to the Town Board by angry homeowners . There have been illegally
occupied homes which have caused the Building / Zoning Officer many
problems . In a number of cases the roads were not accepted because
the developer had to follow through before people could occupy the
houses .
Supervisor Whitcomb - There is a resolution before the Town Board
which has been drafted by Mr . Walker which would allow Mr . Lucente
one building permit but denies the letter of credit .
Resolution No . 44 : Motion made by Councilman Niklas , seconded by
Councilwoman Harrison that the provision of the Sanctuary Woods
final subdivision approval of the Town Planning Board dated
September 6 , 1994 requiring " Items K -N above " to be accomplished
before issuance of any building permits be modified to read
" O . Items K - N above to be accomplished before issuance of
more than one building permit , unless this requirement is
subsequently modified by the Planning Board or the Town
Board . "
TBM 3 / 13 / 95
Page 10 .
Councilman Klein - This does not deny the opportunity for Mr .
Lucente to come back again to ask for a letter of .credit when the
improvements are 75 % to 80 % complete .
Mr . Walker - The Town may wish that Mr . Lucente not place the final
top on the road because construction vehicles can damage the road .
Motion called : Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye! ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Councilman Niklas - Is there a written policy which outlines the
percentage of completion for issuance of letters of credit ?
Agreeing to this particular project may set a precedent , but the
Town does not know . if it does , because no policy has been reviewed .
Mr . Walker - The subdivision regulations state the road should be
completed before being turned over to the Town .
Attorney Barney - Town Law has a provision for the Town Board to
accept roads prior to their completion upon posting adequate
security of that completion .
Councilman Niklas - Does staff recommend , and does this Board wish
that a policy be in writing so that any Town Board can use it when
a request is made from a developer for a letter credit ?
Mr . Frost - That is a very good idea . In fairness to Mr . Lucente ,
five years ago people could get building permits when roads were
not necessarily finished .
Agenda Item No . 8 - Persons To Be Heard :
Salvatore Grippi , 1225 Hinging Post Road - " My wife and I have
owned the two historic buildings on Hayts Road and Route 96 since
1971 . Informally I have requested many times to have sewer link up
for those two buildings .
In 1989 I wrote a letter to Supervisor Desch , requesting sewer link
up , and again in 1993 to Supervisor Raffensperger . I would not be
requesting this if I were on the edge of the sewer link ups .
During that time the Town has extended sewer and water up on
Trumansburg Road to Route 96 , and along the DuBois Road as well as
other areas of: the Town and this property has been bypassed . It is
about time the Town find the opportunity to extend sewer to this
property and to the Kyoung property south .
Making the request informally does not do any good . Other areas
come with a group of people to the Town Board demanding water or
sewer , or both , and they get it . Sometime ago when the Kyoung
TBM - 3 / 13 / 95
Page 11 .
property was denied a permit to build housing they would control by
renting , many people on the west side objected to that . Once when
it was brought up to link my property to sewage it was pointed out
that since the Kyoung property had not been developed , I had to
wait . That is a wrong attitude , it makes me a hostage to the fact
that I have to wait until all the development takes place .
Meanwhile water and sewer have bypassed me up Trumansburg Road to
the DuBois Road . I am the only one who seems to be demanding this
and getting now where . I wish the Town Board would consider facing
that problem . "
Mr . Walker - ( Showed the Town Board the location of Mr . Grippi ' s
property and where the water and sewer is on a map ) .
Supervisor Whitcomb - There have also been requests from people on
Hayts Road for water , if Mr . Grippi were linked to the sewer how
many propert :j_ es would be served besides him ?
Mr . Walker - There would be four parcels served , it would include
about 2 , 000 feet of sewer at a cost of $ 50 . 00 per linear foot ,
$ 100 , 000 .
Councilman Niklas - It has to be made clear that numerous requests
for water and sewer extensions have been made , but that is not a
guarantee that the Town can do them financially . There is the cost
analysis of how much it costs to extend the services , versus the
number of people who benefit if the Town invests the money in that
location versus other locations . My own home is in an area which
has repeatedly requested water and sewer , but because of the
location and the expense of providing those services it is a low
priority . Mr' . Grippi ' s request , like many peoples are reasonable
but the cost of those requests has to be balanced .
Supervisor Whitcomb - Mr . Grippi has made a formal request , and
this Board should refer this issue to the Town Engineer for a cost
analysis .
Councilwoman Harrison - Mr . Grippi should submit to the Town in
writing justification of the need for sewer .
Mr . Grippi - It is a very small property and I understand what
Councilman Niklas has just stated . This is an unusual situation
because my property is like an island , and the Town is bypassing my
property and installing water and sewer all around me .
Councilman Niklas - " That is not entirely true , is there water and
sewer to the east of Mr . Grippi ? An island would be surrounded by
these services . "
Mr . Grippi - How many places along Trumansburg Road , Route 96
received the water and sewer ?
TBM 3 / 13 / 95
Page 12 .
Mr . Walker - The water goes out Route 96 to the town line , some of
that was installed two years ago , and some in 1989 . _ Mr . Grippi has
water . The professional building is served by a private lateral
that crosses the hospital property and connects the sewer . It goes
behind the hospital up Indian Creek Road to Woolf Lane and DuBois
Road , then at the very end of the Trumansburg Road to the town
line . The proposed Indian Creek project was going to build the
sewer back and connect to the Indian Creek sewer . There have been
requests at the same time as Mr . Grippi ' s request by people in that
area .
Councilman Niklas - The question is the scope , how far along Route
96 is to be considered ? Staff needs guidance as to what is
proposed .
Mr . Walker - Preliminary figures will be presented at the next
Public Works Committee meeting .
William Hilker - The Board will be considering amounts to be paid
in lieu of open space reservations in all residential districts
under Agenda Item No , 261 . A group has been working with staff to
help delineate a policy for open space , the group was assured
meetings would be held before open space policy is set . Is it
advisable for the Town to consider fees until that has been
considered ?
Councilwoman Harrison - There may be a misunderstanding , what has
been discussed with the Planning Committee dealing with
conservation zones is different . The Planning Committee will have
more meeting .; regarding that issue .
This agenda item deals with park set a side during the subdivision
approval . The proposed local law would enable the Town to
determine the amount to be paid if there is not suitable land to be
put aside as park land during subdivision approval .
Mr . Hilker - :Maybe the language needs to be changed , it looks like
open space is now being called park land .
Agenda Item No . 9 - DeHarder Investment Corporation :
Juanita Waddell , DeHarder Investment Corporation , Satellite Beach ,
Florida - The Deharder Corporation is requesting a letter of
support from the Town regarding two applications for low income
housing tax credits on two developments being proposed in the town .
Therefore , the Supervisor requested a presentation be made about
the proposed plans . There is no request for any site plan
approval . There are two proposed housing developments . Buttermilk
Trail would be comprised of 160 multiple family units located off
of Danby Road . The proposal would have 40 ( 1 ) bedroom , 80 ( 2 )
TBM - 3 / 13 / 95
Page 13 .
bedroom , and 40 ( 3 ) bedroom units ranging from 770 square feet to
1159 square feet . There are ten two story buildings proposed with
a pool , playground , and clubhouse :
Maximum rent; would range from a one bedroom for $ 393 , ( 2 ) bedroom ,
$ 460 , and ( 3 ) bedroom . No subsidy is being requested . DeHarder is
making application for tax credits with the NY Division of Housing
and Community Renewal . This would be conventional financing for
both developments .
The other proposal is a 104 lot subdivision development on a fifty
acre tract off of Coddington Road . The cluster development was
sketched since the Town desires leaving as much open space as
possible . The units would be from two to four bedrooms from 650
square feet to 1300 square feet in each .
DeHarder is riot requesting approval of either development at this
time . This is very preliminary , no discussions have been held with
planning and engineering other than some information about the
utilities and streets .
The Danby Road property would require a water extension for 700
feet from East King Road to Danby Road . The other site has
utilities . Adding utilities would be a cost to DeHarder .
Councilwoman Harrison - What makes this low income housing , how do
the tax credits work ?
Ms . Waddell - DeHarder applies to the State of New York for a
reservation of low income housing tax credits . DeHarder sells
those tax credits to investors who buy the credits and resell them
through the stock exchange or private investors to individuals who
take them as tax credits on income . DeHarder is only a real estate
development firm .
By selling those credits DeHarder can raise approximately two to
three times the equity which could be put in a development and
lower the rents to make them affordable for low and very low income
residents .
Councilwoman Harrison - This would have no implications for the
taxes collected by the Town ?
Ms . Waddell - Deharder is not requesting any type of tax abatement
or exemption .
Councilman Niklas - You are asking for a letter of support from
this Town Board endorsing the need for affordable housing ?
Ms . Waddell - A generic statement , a specific support letter for
either development is not necessary . At this point DeHarder is in
TBM - 3 / 13 / 9 :
Page 14 .
the very preliminary planning stages . Other than letters , phone
calls , and visiting the property an engineer has not done any
design work .
Councilwoman Niklas - There is language in the Comprehensive Plan
regarding the desirability for affordable housing . Could that
wording be extracted and placed in a generic letter of support if
the Board wishes ?
Ms . Waddell -- Tompkins County has issued a letter of support .
Councilwoman Harrison - What would happen if the units were not
filled by qualified people ?
Ms . Waddell - There is an income limitation . If the units are not
rented to qualified families the benefit of the tax credit is lost .
DeHarder has to guarantee the credit throughout the 10 year term of
the credit period . After that time there is a deed restriction on
the property for a fifteen year period , and longer if the extension
is through the State . There is a recorded deed restriction . The
maximum time for an extension has been 55 years .
If the units did not rent to qualified individuals , DeHarder would
have to pay back the people who had purchased the credits . That is
something guarded against in the real estate business . You do not
wish to have to pay back what was made before .
Councilman Niklas - A large portion of the population on South Hill
is students . Is DeHarder aware that the principle educator on
South Hill , Ithaca College is projecting cut backs in its
enrollment ?
Councilwoman Grigorov - Students would not be able to live in these
units .
Ms . Waddell - There is a specific regulation in the IRS Section 42
Tax Law which excludes the units from being utilized as student
housing except for a married student who qualifies as a family .
If the students rented these units DeHarder would loose $ 30 , 000 a
unit with the loss of the credits . The small additional amounts of
rent would not make that up .
Councilwoman Grigorov - The market study provided is very generic ,
and could fit anywhere in New York State . The student population
was not addressed as well as it could have been .
Ms . Waddell - The study does not include a student population
because they are not taken into consideration .
TBM 3 / 13 / 95
Page 15 .
Councilwoman Harrison - Students would explain away a fair amount
of what may be the market in Ithaca . _
Councilman Ni. klas - The market survey in this generic form for this
area is not giving Deharder insight into the particular environment
for the kind of housing needed .
Ms . Waddell - This is preliminary , there would be a more in depth
engineering and marketing study prepared if this progresses .
Councilman Niklas - If the Town Board were to prepare a generic
resolution talking about the desirability of affordable housing in
the Town to whom would that letter be addressed to .
Ms . Waddell - The New York Division of Community Renewal has asked
DeHarder for letters of support .
Supervisor Whitcomb - Does DeHarder work through other affordable
housing agencies such as Better Housing for Tompkins County ? Does
DeHarder act as its own rental agent for these units , or is there
a contract with someone locally ?
Ms . Waddell - " No , we have not worked with other agencies . "
DeHarder doer not have a construction or management company , a
contract with local agencies would be had if they were familiar
with the tax credit regulations .
Councilwoman Valentino - The prospectus states the proposed
development will accept tenants with Section 8 certificates of
housing vouchers , and in Ithaca there is the Ithaca Housing
Authority which works with these individuals .
Ms . Waddell - Contact has been made with the Ithaca Housing
Authority and they have written a letter of support . DeHarder
cannot turn someone away who presents those vouchers if they
qualify for the house .
Councilwoman Grigorov - The Comprehensive Plan had a different
concept for affordable housing in integrated it with other types of
housing .
Councilwoman Harrison - Segregated affordable housing often does
not work . In the DeHarder proposals there was nothing to try and
integrate subsidized affordable housing with market based housing .
Ms . Waddell - On the lot based development in Hill Haven is the
integration of originally renting the homes and then offering them
for sale to the affordable housing occupant .
TBM 3 / 13 / 95
Page 16 .
Councilwoman Harrison - What about the different income levels in
the beginning ? I am somewhat apprehensive to have._ a lot of units
where everyone is renting . It is a better plan where there is a
community where not everyone is a transient .
Ms . Waddell - DeHarder has at times had a 20 % development with
market rate residents . It was not a failure , and it did not work
any different: than other things which were done . One of the things
which is depended upon is excellent management .
Councilwoman Harrison - If Deharder is successful in securing the
tax credits would it be done as a basis on these proposals , and
then at a latter date apply again with the Town saying they want to
see an integration of market based housing with subsidized housing .
Ms . Waddell - In that case we would have to reduce the amount of
credits that were acquired to incorporate the integration of market
rate units . It could be done , DeHarder has not looked at that with
either proposal ,
Councilman Conley - Is the Town ' s failure to provide this letter of
support jeopardizing your application ?
Ms . Waddell - There is no preclusion from applying for the credits
without the letter of support . It would be very helpful to have
it , DeHarder always likes to go into communities and have their
backing . We like to go to places where we are welcomed .
Councilman Conley - There are a great deal of things to be
considered .
Councilman Niklas - I would like to propose that staff review the
Comprehensive Plan for the appropriate language of a resolution at
the next Town Board meeting . I am not comfortable putting together
a resolution on short notice , thought should go into it .
Councilwoman Conley - A resolution is much more than is being
asked .
Councilman Niklas - If the Town writes a letter , it will be
something thaLt is " resolved " upon collectively .
Councilman Klein - Why do we have to wait an entire month to
prepare the resolution ?
Ms . Waddell - DeHarder would like to proceed with their planning .
If the Town is not in favor of the project we would have to rethink
our position . It is understood the planning process , and
environmental approvals would all have to be met . If those stages
are worked through the Town has to approve the plan .
TBM 3 / 13 / 95
Page 17 .
DeHarder would like the letter sooner than a month . If the Town
says that they can ' t consider it for another month. we have to put
our plans on hold .
Councilman Niklas - " I am not going to generically say that I
approve sight unseen a document , I would like to read it " .
Supervisor Whitcomb - " The options are , ( 1 ) you can reject it
tonight , ( 2 ) you can wait a month to see a resolution prepared by
staff , or ( 3 ) you could authorize the Supervisor with the advice of
the Attorney for the Town to draft a letter . "
Councilwoman Grigorov - " I would rather wait until review of the
Comprehensive Plan language and the necessity for the affordable
housing . "
Councilman Conley - " A special meeting could be called to review
the resolution prepared by staff . "
Councilwoman Harrison - Why are there two projects proposed in the
same locale ?
Ms . Waddell - They are two different types of developments . It
would take much longer to develop the Hill Haven property than the
multi family site . The multi family site would come on line much
faster than the subdivision . The subdivision site would be
constructed in phases . The multi family site could be complete
before starting on the homes . By the time environmental approval
and other regulations are considered it would be winter at the
earliest , before construction could begin .
Councilman Klein - The market survey reflects that these
developments would capture 26 % of the need , that is a fairly high
goal .
Ms . Waddell - That is a high goal , but it goes back to the
preliminary nature of the work . DeHarder has done a great deal of
research to complete full market studies . Those complete studies
were not completed for this presentation .
Councilman Klein - Have any projects been built in New York State ?
Ms . Waddell - There is a 160 unit development in Waughkill , New
York .
Attorney Barney - Could you explain the tax credit , how does it
pass through , and is it sold for the dollar value ?
Ms . Waddell - It is a dollar value sold at about $ . 54 on the
dollar . That is the going price on the stock market presently .
I The tax credit. is figured on the basis for cost in the development
TBM - 3 / 13 / 95)
Page 18 .
itself . If DeHarder spends $ 10 million on the development there
would be some ineligible costs such as land , permanent financing ,
and operating reserves , and tax credit applications . Those are
extracted from the total development cost of the project which
gives the eligible basis . This is a 9 % development so the tax
credits are figured on 9 % of that eligible basis . DeHarder sells
99 % of that credit to a syndicator for approximately $ . 54 per
dollar .
Supervisor Whitcomb - Who creates these credits to begin with , and
how long havE! the tax credits been in existence ?
Ms . Waddell - Section 42 , under the Internal Revenue Service code .
The tax credits have been available since 1986 .
Supervisor Whitcomb - There have been rumors that the IRS is
considering amending the tax code again so it would be just as easy
for the tax credits to disappear as they were created .
Ms . Waddell - The IRS stopped the tax credit program in December
before President Clinton took office . The bill went back into
effect the following March .
The tax credit program now works as a permanent budget item
presently , but it could be removed at any time . If the federal
government wE! re to stop funding as of December 31 , the tax credits
would be still available for use for another full year and then
into the second year as far as availability of funds from the
budget .
Councilman Noiklas - There has to be distinction between a
resolution which endorses the desirability of affordable housing
and a resolution to endorse the construction on these two sites .
What is being considered is a proposal which will go before the
Town Planning Board for all due process as established by the Town
Board . Presently the Town Board is being asked to generic endorse
this type of approach for affordable housing in the Town . There is
apprehension to pass a resolution which includes wording which
could imply to the Planning Board that this is an endorsement of
these projects by the Town Board .
Councilman Klein - DeHarder is not looking for an endorsement of
the specific projects , only a generic letter of support . The
wording can be found by using the Comprehensive Plan language .
Ms . Waddell - DeHarder has been asked only once before in the last
several years to go before . a Town Board at this stage of the
development because it is so preliminary . Usually the Supervisor
is contacted to request a generic letter of support for the
development . A support letter is not requested for a specific of
either development on either site .
TBM - 3 / 13 / 95
Page 19 .
Councilwoman Harrison - There is a sense of the Town Board that
developing affordable housing in the Town is desirable if it fits
with the Comprehensive Plan . There are also reservations about the
quantity of units being proposed all at once in one area , and the
structure being all one type in one type . It is not know at what
point those thoughts should be conveyed to others within the
DeHarder organization . It would be unfortunate to progress with
the details and then find out that the Town Board and Planning
Board have these concerns .
Ms . Waddell - This information will be taken back to DeHarder .
There is a feeling that the Town Board does support the concept of
affordable housing , but that all regulations will have to be met ,
and there is a concern about the integration of market rate units .
Mr . Kanter - With the particular program being proposed for the low
income tax credits in a sense sets Deharder up for certain
restrictions that go for the low income households which require
rental units . If there were some other possibilities which could
be looked into that would provide other kinds of mixes at the
offset . Some homeowner units , some rentals , some low income , some
moderate , and some at the market rate . That may be something the
Town would like to look at .
Ms . Waddell -- When you integrate the market rate units the rents
are increased because there is not the availability of the tax
credits to keep the rents lower . The rentals may be at different
rates because DeHarder would be unable to keep the rents affordable
then you stop developing affordable housing .
Mr . Kanter - Have other sources of funding been looked at to
compliment the tax credits or as other means . Initially there were
discussions about the possibility of community development block
grants which did not work out , but there may be other
possibilities .
Ms . Waddell - Home financing was investigated . This last year
there have not been any developments utilizing HOME . DeHarder
develops conventional housing by utilizing the tax credits to help
pay the equity . DeHarder would like to have market rate housing .
This is not subsidized housing , it is not a project , and it is not
intended to be that way . The rents would be lower in Ithaca than
what the market rate apartments are going for because of the
ability to acquire this way . DeHarder ' s proposed rents are
substantially lower than what the area rents are because of the
student population .
Councilwoman Harrison - One might wish to integrate by placing
rentals and owner occupied on the same site .
I
TBM - 3 / 13 / 95
Page 20 .
Ms . Waddell - DeHarder had done apartment complexes and homes in
the same development . -
Councilman N :iklas - It is fair to say that a project cannot be
everything for everyone all at once . The Comprehensive Planning
document which talks of integrating affordable housing with other
types was more of a community structure rather than a particular
building site . A broader perspective would be if those
opportunities are available to a community as a whole rather than
on one specific site . It would be satisfying if affordable housing
was provided by one component , namely what DeHarder has to offer .
It cannot be judged what is proposed at this time .
Supervisor Whitcomb - The issue will be referred to staff to
develop a letter related to language in the Comprehensive Plan .
The letter will be presented to the Town Board at the April
meeting .
Councilwoman Valentino - One of the projects was in Green Hills ,
South Carolina , could directions to that location be provided ?
Ms . Waddell - Directions will be provided .
Councilwoman Harrison - There are units also in Lockport , New York ;
could someone from Planning contact that Town to discuss this
development ?
Mr . Kanter - It seems that population projects were an important
basis of determining the need for housing in the County . The
projects seem quite high . In today ' s Ithaca Journal there was an
article on the census data for population July 1994 was 96 , 000 , the
market study by DeHarder with projections for 1995 were 99 , 000 and
going to 100 , 000 by 1996 . It seems those numbers are going quite
a deal above the numbers which are actually happening .
Ms . Waddell - The Market Analyst has not made a visit to the area ,
those numbers were from data received . If there is an error or
misjudgment the computerized data can be reevaluated. .
Mr . Kanter - The Town is being asked to make judgements based on
housing needs with the information which has been provided . The
Town has been discussing doing our own housing needs assessment to
more specifically determine them .
The market did not specifically deal with the Town of Ithaca , much
of it was directed to the City of Ithaca .
Supervisor Whitcomb - Those would be important points to address in
the letter , it= should be more than a generic letter of support . It
should be an outline of the pitfalls of the plan as well our
enthusiasm .
TBM 3 / 13 / 95
Page 21 ,
Councilman Klein - Reference to affordable housing should be the
cornerstone of the letter .
Ms . Waddell - This project would cost about $ 20 million , DeHarder
is very experienced at evaluating everything . The information
presented is only preliminary .
Mary Rapponi - Ms . Waddell did say that it is very unusual that
DeHarder comes to the Board at this point of their preliminary
plans , and why they felt they had to come at this stage is not
known by me .
" I don ' t believe that in all of the development and building in
Tompkins County and the Town of Ithaca , it has been integrated in
terms of low income , middle income , or higher costs . "
Agenda Item No . 10 - Consent Agenda Items :
Councilwoman Harrison - The Eastern Parks Heights issue in the
minutes did riot reflect any action by the Town Board , when there
was a decision made . It was decided the wetlands would be
investigated and a site visit would be made . The minutes do not
have to be changed , but the Town Board should remember to set a
time for those things to happen .
The other members of the Board should pay particular attention to
the revised probationary employees salary procedures since it does
set policy .
Resolution No . 44 ( a ) - 44 ( 1 ) :
Motion made by Councilman Klein , seconded by Councilman Niklas
approving and / or adopting the Consent Agenda Item resolutions
numbers , 10 ( a ) through 10 ( 1 ) as presented .
Resolution 44: ( a ) : Approval of adoption of official Town Board
Minutes for January 30 , and February 13 , 1995 .
Resolution 44 ( b ) : Authorization to pay the vouchers as numbered
and listed on the abstracts .
Resolution 44 ( c ) : Authorization to pay the Bolton Point vouchers
as numbered and listed on the abstracts .
Resolution 44 ( d ) : Approving the attendance by the Town Clerk and
Deputy Town Clerk at the 13th Annual NYSTCA Conference , April 23 -
26 , 1995 .
Resolution 44 ( e ) : Appointment of Councilman Edward Conley and
Councilwoman Grigorov as representatives to the Tompkins County
Board of. Asse ;3sment Review on May 17 , 19950
TBM 3 / 13 / 95
Page 22 .
Resolution 44 ( f ) : Approval of the elimination of the salary
increase for probationary employees upon regular appointment , for
all new appointments effective February 16 , 1995 and thereafter .
Approval to include probationary employees in any approved annual
salary process applicable to regular status employees , for all new
appointments effective February 16 , 1995 and thereafter .
Resolution 44 ( g ) : Appointment of Thomas Mordue as part - time ,
temporary Engineering Aide at $ 8 . 00 per hour for up to forty ( 40 )
hours , charged to account A1440 . 101 . Benefits are limited to the
part - time , temporary status of this position .
Resolution 44 ( h ) : Approval of participation in the Cornell
University CIVITAS Summer Work Study Program for the period May 1 ,
through August 31 , 1995 at a cost not to exceed $ 4 , 000 . 00 , charged
to account A1440 . 400 and a cost of $ 720 . 00 , transferred from
account B8020 . 110 and charged to account B8020 . 4101
Resolution 44 ( i ) : Appointment of Sandra Newton as Part - Time
Secretary to the Personnel Department for a standard twenty ( 20 )
hour work week , at an hourly wage of $ 8 . 00 , charged to account
A1430 . 100 , retroactive to February 22 , 1995 . Benefits are limited
to the part - time status of this position .
Resolution 441 ( j ) : Approving the conditions and terms of the Town
of Ithaca / Cit.y of Ithaca Purchase of Services Cooperation Agreement
relating to Youth Recreation Services . The Town Supervisor is
authorized and directed to execute the said agreement on behalf of
the Town of Ithaca ,
Resolution Resolution 44 ( k ) : Approval of attendance of Fred Noteboom and Gail
Kroll to the " Basic of Writing Policies and Procedures " , seminar .
Cost of attending shall not exceed $ 300 . 00 , and shall be expended
from account A5010 . 400 account .
Resolution 44 ( 1 ) : Appointment of Loren Tauer to fulfill the
unexpired tE� rm of Candace Cornell on the Town of Ithaca
Conservation Board for a term of office commencing immediately upon
adoption of this resolution through December 31 , 1996 . The Town
Clerk is directed to send a letter , on behalf of the Town Board , to
Candace Cornell expressing their appreciation for her dedicated
service to the Town of Ithaca as a member of the Conservation
Board .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ,
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
TBM 3 / 13 / 95
Page 23 .
Agenda Item No 11 - 1994 Town Justice Dockets , Merton Wallenbec_k :
Resolution No . 45 : Motion made by Councilman Klein , seconded by
Councilman Niklas accepting for filing by the Town Clerk the 1994
Dockets of Town Justice , Merton Wallenbeck for the year 1994 .
Members of the Town Board as required by law shall sign and date
the said dockets .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No 12 - Contract , Tompkins County Operating Expenses
Transportation & Human Services :
Mrs . Noteboom - An amended version of the contract has been
received and Attorney Barney has reviewed and approved the
execution of the contact .
Resolution No . 46 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing and directing the Town Supervisor to
execute the Transportation & Human Services contract with Tompkins
County in form and substance satisfactory to the Town Supervisor
and Attorney for the Town . The contract shall provide for
reimbursement: to the Town of Ithaca for transportation and human
services for a total amount of approximately $ 23 , 900 . 00 .
Councilwoman Harrison - Are the services fully reimbursed to the
Town by the County ?
Attorney Barney - The contract calls for a mechanism for which the
Town pays for these items . The payments are a pass through with
the County .
Supervisor Whitcomb - There has been a long standing problem with
the contract in that the County has requires the Town be indemnify
them from liability .
Attorney Barney - The Town has to make a decision to get the money
for the program by this pass through , or argue the indemnification .
Motion called : Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No 13 - Advertisement for Bids , Rubber Tire Excavator :
Resolution No . 47 : Motion made by Councilwoman Valentino , seconded
by Councilman Niklas that on the recommendation of the Public Works
TBM 3 / 13 / 95
Page 24 .
Committee the specifications for the new rubber tire excavator be
approved . The Town Clerk is authorized and directed to receive
bids for the new rubber tire excavator .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 14 - Bid Specifications / Advertisement , Judd Falls
Road Reconstruction :
Mr . Walker - The scope of the project is replacement in kind of
Judd Falls Road from Tower Road down to Forest Home Drive . The
work from Tower Road to approximately 150 feet from the
intersection will consist of removing the pavement , removing the
inadequate subgrade , installing new drainage , installing a new base
with a recycled asphalt binder layer four inches thick with two
inches of topcoat . The top will be a high friction asphalt
pavement .
From approximately 100 feet down to the intersection the grade will
be changed slightly from 13 % to about 8 % to 9 % grade . This will
begin at the northern edge of Mr . Boles property and will be about
10 inches of cut in Judd Falls Road with a fill at the intersection
of one foot on Forest Home Drive . The limits of work will extend
on Forest Horne Drive from the Byway to approximately 100 feet to
the east .
The Forest Home Improvement Association has suggested putting a
section of curving in and slightly shifting the roadway on Forest
Home Drive to allow a wider area for a walkway at the last house
near the intersection . The section which already has a curb and
gutter section will get new identical sections .
As part of the contract Cornell University will be reimbursing the
Town for the work of the excavation of the pipe arch that carries
the foundation road under Judd Falls Road . That is a private
culvert which is a private structure in the right of way . The
landowner is responsible for that repair . The Town will be
slightly raising the profile over the culvert as it has settled
almost a foot in various locations . The granite curb will be
removed for about a 150 foot section at the same roadway .
The road will be narrowed slightly from the section known as the
" Jug Handle " to the concrete curb by Forest Home .
The design is in conformance with the resolution the Forest Home
Improvement Association adopted years ago . The representatives
from Forest Home have met with Town staff .
TBM 3 / 13 / 95
Page 25 .
Councilman Klein - The Public Works Committee has reviewed the work
a number of times and did recommend approval of the project .
Bill Goldsmith , 117 Judd Falls Road , Past president , and present
member of the Forest Home Improvement Association including the
committee who met with the Public Works Committee members to review
the reconstruction : The Forest Home community is pleased with the
design , it does meet the wishes of the community with the exception
of not having the road improved at all .
The steep grade is fine because there are steeper grades in the
other roads coming into Forest Home . There is a virtually zero
accident record at that location because it is terrifying , and
keeps people slowing down .
Nancy Brcak , President Forest Home Improvement Association - The
Forest Home work group , staff , and members of the Public Works
committee had a very good meeting . The Forest Home Improvement
Association wishes to thank the Town very much for all the
cooperation on this project .
There are plenty of people in Forest Home who wish the money would
be spent elsewhere , but since the Town has resolved to do this ,
thank you very much for all the thoughtfulness the Town has shown .
Resolution No . 48 : Motion made by Councilman Conley , seconded by
Councilman Niklas authorizing the advertisement for bid and the
receipt of bids for the reconstruction of Judd Falls Road .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 16 - Forest Home Bridge Maintenance :
Mr , Walker The Board has reviewed the agreement for the
maintenance responsibilities which Tompkins County has prepared .
Details regarding design information is still pending . The design
was supposed to be complete several weeks ago . A meeting was held
last week to review the status of the design and it was found there
are still questions about what the final structural support details
will look like .
The intent of the agreement is consistent with the past policies
which have not been presented in writing . Tompkins County would
maintain the :structural portion of the bridge and the Town would be
responsible for the wearing surfaces . The decorative trusses are
a major surface feature which are not structural . The County
maintains the Town should be responsible totally for the deck and
trusses including the supporting members .
TBM 3 / 13 / 95
Page 26 .
There is a concern about the County ' s definition of supporting
members . Ifs it means the " I " beams that hold it up , and the
special channels that support it there is concern the Town does not
want that liability because they are part of the structural system
of the bridge . The cantilevered sidewalk would cause the same
concern . The members under the sidewalk are not surface features ,
they are structural support features .
This agreement needs to be redrafted , because it is specific to
this bridge the final design documents should be seen to make the
document consistent with those details .
Tompkins County needs to have this agreement executed before they
will move ahead with awarding the contract .
Supervisor Whitcomb - A letter has been written to Barbara
Blanchard , Tompkins County expressing concerns about the delay of
this project . Mr . Walker has contacted the County Engineer ,
Resolution No . 50 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing the Town Supervisor to execute a
maintenance agreement for the downstream Forest Home bridge , after
consultation and recommendation from the Town Highway / Parks
Superintendent and the Town Engineer , and after review of the
document by the Attorney for the Town .
Councilwoman Harrison - There was much discussion about the plans
that the Town Board wanted assurance that the final plans have
minimum abutments , etcetera . It is not known if that criteria has
been met , if this is the last chance this Town Board would have to
approve the project .
Mr . Walker - This would not be the last opportunity for the Town
Board to look at this . There will be an approval of the
expenditure of funds before the contract award date , which has to
approved by this Town Board . It is not known what the County
Engineer ' s estimate of cost is .
The designs are approximately 30 % complete . No details have been
seen regarding the abutments .
Councilman Niklas - Is the County aware of this Town Board ' s
concerns about the specific design criteria which was decided upon
and is now expected ?
Mr . Noteboom - " Yes " .
Councilman Niklas - If the County returns design plans which do not
meet the agreed upon criteria expected , the Town would have
legitimate grounds for complaint and could refuse to execute the
agreement .
TBM 3113195
Page 27 .
Mr . Walker - The design draws are supposed to show the concept
which was approved by the Town Board in August , which has a single
lane bridge , with trusses in relation to a four foot wide wood deck
cantilevered sidewalk with the applicable supports and preserving
the existing railings and trusses .
Councilman Niklas - The fact is the County cannot plead ignorance
of what the Town desired .
Mr . Walker - There was a meeting on March 8 , with the County . The
plans received were not complete . Bruce Brittain of the Forest
Home community was contacted to attend , as well as a representative
from Historic Ithaca . It was agreed the plans did not explain more
than what was already known . There will be another work session
with all there individuals upon receiving the final detail plans .
Nancy Brcak - The ISTEA Grant runs out at the end of the year , and
if the County does not act this year those funds will be lost . The
amount is a considerable amount . If that were to occur the
historical aspect would again be in jeopardy . The Forest Home
Improvement Association concerned about the schedule for that
reason .
Mr . Walker - The County would have to be under contract within the
year 1995 to receive the ISTEA funding .
Motion called . Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No . 22 - Pipe Arch Repairs , Judd Falls Road :
Mr . Walker - The agreement related to the pipe arch repairs during
the Judd Falls Road reconstruction project are not complete at this
time . Final design details are needed from Cornell University so
that the exact amount of monies and percentages of cost are known .
Resolution No . 51 : Motion made by Councilman Niklas , seconded by
Councilwoman1:rigorov authorizing and directing the Town Supervisor
to enter into a mutually beneficial agreement with Cornell
University to cooperatively construct the resurfacing of a portion
of Judd Falls between Tower Road and Forest Home Drive , and to make
repairs to the Cornell owned corrugated metal pipe arch tunnel
under Judd Falls Road at the " Jug Handle " , after consultation and
review of the agreement with the Attorney for the Town .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
TBM 3 / 13 / 95
Page 28 .
Agenda Item No . 15 - Payment Utility Share , Route 13 Over Conrail ,
Cayuga Inlet , & Buttermilk Creek Highway Construction :
Supervisor Whitcomb - The Town ' s payment of the utility share
estimate for this project was approved by the Board previously .
Since that time the actual cost has been determined .
Mr . Walker - There is a twelve inch water main that comes across
the Inlet to the Buttermilk Falls Road , and parallels Route 13 and
connects to the City of Ithaca System . The long term plan is to
extend the Town ' s water up to properties on Buttermilk Falls Road .
That area now has a six inch line which has often failed and has
extensive maintenance costs .
The State will have Route 13 torn up which will be an opportunity
for the Town, to have this water line put in as part of that
project .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving payment of $ 52 , 099 . 60 to the New York State
Department of Audit & Control for the completion of the water main
betterment as described . The cost of the said water betterment in
the amount of $ 52 , 099 . 60 shall be expended from account H8340 . 221 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No 17 - Zoning Ordinance Building Height Requirements :
Councilman Niklas - The Codes and Ordinance Committee ( COC ) was
asked to look at the desirability of increasing the minimum
building height . The current zoning ordinance has the minimum
height at 30 feet .
The Zoning Board of Appeals ( ZBA ) has had ( 21 ) requests for
variance of building height . The average of the heights for those
requests is about 35 . 015 feet . The ZBA has asked that the minimum
building height be increased to 36 feet to eliminate so many
requests for variances .
Supervisor Whitcomb - Why would the Town not want to make this
change ?
Councilman Niklas - There are two sides , one is that there is
possibly an excessive work load to the ZBA that the current minimum
building height is not in keeping with those of the surrounding
municipalities . The Town of Ithaca is one of great slopes and 36 "
measured off ,a slope is not a towering height .
TBM 3 / 13 / 95
Page 29 .
The opposing argument is that the Town could keep :increasing the
minimum building height , and no matter what it is someone will
invariably come forth to the ZBA requesting a variance .
COC could amend the ordinance quickly and efficiently , the Town
Board is being asked to give guidance as to the Boards pleasure
since this is a policy decision .
Mr . Frost - A survey was conducted of all the municipalities in the
County . The 'Town has the most restrictive height requirement other
than Cayuga Heights .
There is no particular height requirement by building code other
than the code does limit the wood frame structure to a two story
building . No matter how high someone wanted to build they would be
limited by the building code to no more than two stories .
It would be impractical for someone to build a two story building
which was 60 to 70 feet tall because there would be 15 to 20 foot
ceilings .
If the Town did change the height requirement there would still be
people asking for variances , but there would not be a push of that
threshold to a higher number because of the impracticality of doing
so .
Councilman Klein - When referring in the Town ' s definition of the
" lowest level of the structure " , does it also mean the basement
slab .
Attorney Barney - It is defined by the outside and interior
heights . The height from the lowest interior is from the slab of
the floor in the basement to the top . The outside height is
measured from the lowest point outside to the top .
Councilman Niklas - The ZBA has not requested the Town Board
readdress how building height is actually measured .
Mr . Frost - The Town height limits dramatically the architectural
style of the building .
Councilman Klein - Because of the style of housing being built , the
ZBA is addressing a great many unnecessary variance cases .
Councilman Ni. klas - Historically this has been a very contentious
issue . One of the concerns of the Greater Ithaca. Neighborhood
Association was what was thought to be excessively high buildings
which were towering over homes that had already been established in
communities . There was a real concern if the Town did not regulate
building height at points where rental properties abutted next to
older communities the rental properties might look inappropriate .
TBM 3 / 13 / 95
Page 30 .
The COC will proceed to make the necessary changes for presentation
of approval by the Town Board ,
Mr . Frost - A number of people come to the Building Department
where the initial building plan where the height is exceeded ,
rather than joing to the ZBA they have changed the design of the
home . There are many more height changes than are reflected in the
( 21 ) variances granted by the ZBA .
Councilwoman Grigorov - It was not very long since the ordinance
was amended .
Attorney Barney - The amendment was not to lower the height , it was
to create a :yet of standards to measure by . The problem was with
exterior measurements because moving dirt around the foundations of
buildings could change the measurement .
Supervisor Whitcomb - The Board will look forward to receiving the
changes from the COC .
Agenda Item No . 18 - Advisability of Amending Sprinkler Systems
Local Law :
Councilwoman Grigorov - After reading the law it does not seem to
be as bad as some people have thought it was . Some objections
brought out are not applicable .
Mr . Frost - The documentation provided shows a list of the
operating permits to reflect the numbers of buildings which would
have to retrofit sprinkler systems under the present law .
Councilman Klein - Having to install sprinklers after a building is
up can be quite expensive .
Councilman Niklas - What does Fire Chief Wilbur thing about this ?
Councilwoman Grigorov - The Fire Chief would want sprinklers to be
installed .
Mr . Frost - The Fire Department will not support any change or
modification to the local law .
Councilwoman Harrison - How does this law relate to other
municipalities .
Mr . Frost - The Town of Ithaca does not require a simple detached
one or two family residence to have sprinklers , it was in the
original version and then was modified in a subsequent local law to
take out the requirement for standard housing except for
condominiums . The law has had an effect on single family attached
housing .
TBM 3 / 13 / 95
Page 31 .
The Town was the third in passing the local law , and 12th at the
time New York. State approved the law as being more restrictive than
building code . There are twenty eight municipalities in New York
who have som.e form of sprinkler regulations over and above the
building code. .
Councilwoman Grigorov - The Fire Marshall who gave a speech at the
Association of Towns meeting stated that water is not what should
be put on some fires , such as kitchen fires . If the sprinkler is
working properly by the time they are activated it will be a
general fire .
Mr . Frost - The lives and buildings which have been saved by
sprinklers iS very well documented .
Councilwoman Grigorov - Maybe just having sprinklers is not enough ,
if there is a fire in a restaurant and the sprinkler comes on it
could make the fire worse .
Councilman Klein - That is covered in the law , alternatives to
water are provided for in Section 7 .
Mr . Frost - Sprinklers are fully installed in restaurants , banquet
rooms , and cooking areas . In areas where there is grease you have
hood systems directly over that area which is a dry chemical for
extinguishment .
Harry Ellsworth , Member ZBA - As a private consulting Engineer a
good share of work done has been designing sprinkler systems for
approval by the City of Ithaca . The City is not moving away from
the concept of sprinkler systems . They are moving towards more
sprinklers in multiple housing such as apartment houses .
Construction was completed this week on a social club because of
the revision to the State code that was passed last August to move
sprinklers into areas of public assembly with one hundred people or
move . That was extended by the City Fire Marshall to the whole
building including the kitchen which had fire rated walls .
Building owners in the Town of Ithaca will be looking at costs
which are fractions of a million dollars because they own a great
deal of property . This will create controversy . As people are
selling buildings and taking off fire escapes there are more
requirements for sprinklers .
Another issues which will play a part is the smoke ordinance .
Meetings with the City have to be held because work cannot be
completed because of these issues .
TBM 3 / 13 / 95
Page 32 .
The whole nation is moving to sprinkler systems because the codes
are moving towards better economies in multiple buildings . The
trend will be the spreading of this policy . However , a price
cannot be placed on a life .
Supervisor Whitcomb - What is the cost per unit ?
Mr . Ellsworth - A present project in College Town with fourteen
apartments to install a means of egress was about $ 8 , 000 , just to
do the hallways . Because of situations of the smoking ordinance a
full system may be installed which would cost about $ 25 , 000 .
Mr . Frost - Care has to be taken to distinguish between new
structures and existing structures .
Mr . Frost - The list provided shows all who have operating permits
and would be required to retrofit systems into the buildings . The
only exception are on College Circle .
The developers of new buildings do put in the systems when
building .
All the dorms at Ithaca College do not have sprinkler systems . The
Towers would be the first priority for placement because it is a
multi storied building .
Councilwoman Grigorov - Is it more expensive to retrofit a system
than install it at the time of building ?
Mr . Ellsworth - To retrofit a new water line has to be installed .
The cost of doing that depends on the distance and what has to be
done . It costs $ 2 , 000 to $ 3 , 000 to just get the new water line .
Mr . Frost - It would cost about $ 5 , 000 to retrofit a three family
multiple dwelling .
Councilman Klein - The law states that by 1998 every existing
commercial building and dwelling in the Town has to have sprinkler
systems .
Mr . Frost - The requirement would apply to buildings where there
could be " sleeping " , and multiple dwellings , and day care center .
Supervisor Whitcomb - The law gives about three years for
compliance . If the Town is not going to modify the law the owners
need to be reminded of the time frame .
Councilwoman Harrison - Why would there be a retail store ?
Mr . Frost - All new buildings need sprinklers .
TBM 3 / 13 / 95
Page 33 .
Councilman Niklas - The retro fitting in Section 4 is reasonable
because they are buildings which house a lot of people . There is
a variance procedure . -
Mr . Frost - elf there is a bed and breakfast facility with no more
than four lodgers the State code would allow a rating as a single
family residence . This law would not necessarily do that , unless
the Board would want a sprinkler system in those dwellings .
This law was filed with the Department of State after all legal
steps were followed .
Supervisor Whitcomb - Does the Town Board wish to change the law ?
Councilwoman Harrison - The Board should see what would be added
over and above the State codes .
Mr . Frost - When there is new construction of three stories and
more than thirty sleeping rooms there would have to be sprinklers
under the State codes .
All the under three stories and under thirty sleeping rooms , and
those retroactive buildings would be the Town ' s responsibility .
The State law which provided for funds to become available to help
people install sprinklers in buildings of public assembly has not
been accessed in the ten years of the law , and it is unlikely those
funds will e%rer be available .
Councilwoman Harrison - Can a comparison be made of the Town ' s
local law and. the State code to show what the differences would be
in monies spent or needed , and the cost in relation to lives saved ?
Mr . Frost - One could assume that when a sprinkler system goes off
it would put the fire out .
Councilman N.iklas - There was a fire at College Circle where
students had put some books on a radiator and overnight the books
caught fire . The sprinkler system put it out and the firefighters
said the system saved the students lives .
Supervisor Whitcomb - The Fire Chief does make mention to the media
of how understaffed the local fire department is . A major revision
of this local law would provide more reasons to request additional
firefighters at a cost to the Town taxpayers . With sprinkler
systems in place in the Town the response time by the fire
department is not as critical in places of multiple residences and
public assembly as it would without them .
TBM 3 / 13 / 95
Page 34 .
Councilman N.iklas - If there are members of the Town Board who
would like to make specific modifications to the local law they may
do so and present recommendations to the entire Board .
Supervisor Whitcomb - Anytime a fire fighter enters a building they
are risking their life , the sprinkler law minimizes that risk .
If there are specific recommendations about how the law may be
changed the Board will submit those to the Supervisor . The matter
will be placed on the agenda again when enough recommendations are
received .
Mr . Ellsworth - There is not public water in each of the areas
where the sprinklers are required .
Councilman Klein - Most of the multiple dwellings would .
Supervisor Whitcomb - Those areas which did not have public water
could be covered under the variance procedure .
Councilman Niklas - Not having public water would create an unusual
hardship . The alternative would be very large retaining cisterns .
Councilman Klein - Would the Town Clerk please provide copies of
the minutes related to this issue when it was first proposed so
that the Board may understand the intent of the Board at that time ?
Mrs . Noteboom. - " Yes . "
Attorney Barney - The Town Board in 1988 enacted this law because
it was at the time the City of Ithaca proposed a very large
increase in -the fire contract . The feeling was to try and do
something to reduce the cost of fire protection , and this was one
way of doing so .
Councilman Klein - There is nothing which has proven the sprinkler
law has effected the fire protection contract .
Attorney Barney - Theory at the time was reduction in the fire
contract would occur over a long period of time .
Councilwoman :Harrison - What would be the procedure if a proposal
for new construction came forth in an area that did not have a
public water supply , but required a sprinkler system?
Mr . Frost - There were some like those in the past on Elmira Road .
The variance allowed them . to put the sprinkler in with a
substandard water supply with the requirement that within thirty
days of public water be available they connect .
TBM 3 / 13 / 95
Page , 35 .
Agenda Item No . 27 - Town Hall Facility Needs Evaluation :
Supervisor Whitcomb introduced Mr . Doug Look of HOLT Architects who
answered questions about the evaluation .
Councilwoman Harrison - The evaluation has a column which assigns
weight for fELCilities , please explain how that was determined .
Mr . Look , HOLT Architects - The weighing system would be
determined by the Town Board to establish relative importance of
the of all the factors for the purposes of illustrating how this
would work . The weighing system is from 1 to 5 , with 5 being the
most important factor .
Councilman Klein - The weights shown are theoretical .
Mr . Look - This was not a part of the scope HOLT was hired to do ,
it was included as a possible tool for the Town Board ,
Councilwoman Harrison - Weighing systems can often become very
arbitrary . There are legal requirements related to accessibility
to the building .
Mr . Look - This weighing is not necessarily related to the
Americans With Disabilities Act , it was intended to be ease of
getting to the site .
Councilwoman Harrison - The accessibility of persons with
disabilities is part of the cost implications because of the legal
requirements .
Councilman Niklas - The accessibility is suggested related to means
of location . Some kind of ranking is desirable otherwise there
would be no m.ethod of elimination .
Councilwoman Harrison - A ranking system should not be applied ,
example if being the City is worth five times as much having
flexibility for future growth . That is too hard to score , it would
be too objective .
Councilman Ni. klas - It is assumed there will be more than one
choice for a new facility , especially at the first stages . The
Town Board its obliged to defend those choices as objectively as
possible to the public . A weighing factor does have to be dealt
with very carefully . If the criteria are agreed upon in the
beginning and. resolution is made about the weighing factors for
each criteria it is not risky than any other approach .
Supervisor Whitcomb - The Board can intuitively eliminate many of
the locations without a weighing system . There are other things
should be discussed .
TBM 3 / 13 / 95
Page 36 .
Mr . Look - The space needs are idealized conditions determined by
the descriptions provided by the staff . In November , different
scenarios for space were provided . The Town Board , staff , and the
committee with Councilman Klein and Supervisor Whitcomb chose the
more moderate versions of the requests .
Councilwoman Valentino - The program chart for Planning and
Engineering showing 6 % seems low .
Councilman Klein - The bulk of the space has the shared space for
the Board roam and other functions relative to the needs .
Councilwoman Grigorov - How does the proposed space relate to the
present space for those departments ?
Mr , Look - It may be somewhat deceiving because of the shared space
Engineering and Planning have more of that than the other
departments .
Mr . Walker - Presently part of the space not utilized could go into
the shared space for records management .
Mrs . Noteboom - The Town Clerk ' s portion of the chart includes
space for records management .
Councilwoman Valentino - When the records management is included
the chart makes more sense .
Mr . Walker - If you look at the technical support staff of
planning , zoning , engineering , and building codes it is almost
equivalent to the Town Court space . The administrative portions
for the supervisor , Town Clerk , accounting , and personnel are about
18 % , which is in line with the projected space needs for the
technical and court space . The technical departments and personnel
now have about: 2 , 500 square feet , the second f loor of the building .
Mrs , Noteboom. - All that 2 , 500 square feet is not useable space
because of the inefficient locations of offices .
Mr . Walker - The shared services is for the storage , records
management center , the vault , conference areas , rest rooms , and
lobby .
Mr . Look - The support staff for planning and engineering has been
combined in one area through the shared services .
Mr . Frost - The evaluation is very informative and looks to the
future for growth and more staff which is needed .
TBM 3 / 13 / 95
Page 37 ,
Councilman Klein - Even though the evaluation seems to state the
obvious , whether you are looking at renovating an existing facility
or building a new one the specific program has to be considered .
This document does look at the specific program and defines the
needs so that: the architect can design the building .
Mr . Look - The matrix and the program are all guidelines , they can
be altered if: necessary . The evaluation was intended to document
what was learned from speaking to staff and the committee . There
is probably more space projected in the evaluation than in the
present building because this assumes the new facility whether new
or renovated would be in code compliance with all laws .
The evaluation would provide for very efficient work spaces .
Presently there are work spaces in corridors .
Resolution No . 56 : Motion made by Councilman Klein , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
fila the Facility Needs Evaluation as a reference tool in the
search for a new Town Hall .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Motion made by Councilman Conley , seconded by Councilman Niklas to
move into executive session to discuss property acquisition .
Carried unanimously .
The Town Board moved into executive session at 8 : 45 p . m .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas to resume regular session . Carried unanimously .
The Town Board resumed the regular session at 9 : 40 p . m . No action
was taken as a result of the executive session .
Agenda Item No . 19 - Amendment to Local Law No . 9 / 1991 :
DELETED from consideration at this time .
Agenda Item No . 20 - Kenneth Well , Water and Sewer Benefit
Assessment Reduction :
Mr . Walker - Mr . Wells has requested a reduction of the water and
sewer benefit: assessments because there is a portion of the
property between the railroad tracks and the Inlet which is in the
flood plain and would be hard to build on .
TBM 3 / 13 / 95
Page 38 .
The potential for building is low , but the Town should probably
have a type of conservation easement before ._ reducing the
assessments . Mr . Wells has considered donating a portion of this
land to the State Parks .
Agenda Item No . 21 - Sewer Service Request , Peregrine Hollow :
Mr . Walker - A request has been made for the Town to provide sewer
service to Peregrine Hollow . According to the agreement through
the Sewer Joint Subcommittee ( SJS ) they may be the right to
capacity . The application has been made from the Town of Dryden to
the SJS asking for this proposed sewer district .
The Town has a commitment to the Town of Dryden to work with them
since there is already an agreement to transmit sewage . There
would be a cost they would have to pay . The proposal will be
reviewed .
Supervisor Whitcomb - The plan is to have the Town Engineer draft
an agreement with the help of the Attorney for the Town . The Town
needs to make a decision before approaching the Town of Dryden .
The Route 366 water agreement has to be resolved with Cornell and
Dryden , and the Sapsucker Woods agreement . Mr . Varn ' s plans should
not be held up because these other agreements are not completed .
Attorney Barney - They are agreements as to how the intermunicipal
cooperation will work .
Mr . Walker - There will be a status report at the April meeting , it
will not be ready to finalized then .
Agenda Item No . 23 - Review Fee Waiver , Cornell GEIS :
Resolution No . 52 : Motion made by Councilman Klein , seconded by
Councilwoman Grigorov approving the waiver of the $ 111 . 87 in review
fees exceeding previous deposits relating to the Cornell University
Precinct 7 GEIS / SLUD account . The waiver of any additional review
fees associated with the Town Board ' s review of the Cornell
University Precinct 7 GEIS / SLUD is also approved . The budget
account established for such purpose shall be closed .
Supervisor Whitcomb , aye ; Councilwoman Valentino , nay ; Councilman
Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ,
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion
carried .
Agenda Item No . 24 - Public Hearing Date , " LOCAL LAW TO AMEND THE
TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF
PRELIMINARY SITE PLAN APPROVAL " :
TBM 3 / 13 / 95
Page 39 .
Agenda Item No . 25 - Public Hearing Date , " LOCAL LAW AMENDING THE
TOWN OF ITHA.CA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN
MULTIPLE RESIDENCE DISTRICT " :
Agenda Item No . 26 - Public Hearing Date , " LOCAL LAW AMENDING LOCAL
LAW NO . 10 , x_ 9941 ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " :
Councilman N:iklas - These proposed local laws drafted upon the
recommendation of the Town Board on the 1995 Work Plan . They have
also been the subject of Planning Board public meetings . The
Planning Board will be holding a public hearing or discussing these
local laws on March 21 .
The most contentious of the three are the local laws for Agenda No .
24 and 25 . Substantial public input has already been heard
regarding them , and these local laws are in response to those
comments .
In the sunset provisions the COC originally recommended there is a
three year waiting period . It has now been modified to ten years .
That could be! changed if desired by the Town Board at the public
hearing .
There were some developers who came before the Planning Board who
did not want any sunset provisions at all .
The Planning Board changed the time limit to ten years because some
precedents have already been set . The Health Department has a ten
year sunset provision for subdivisions where there is a need to
design on site septic systems . The logic is that in ten years
technology changes .
Councilwoman Grigorov - When a local law comes to the public
hearing if the Board rejects it or changes it another public
hearing has to be held .
Attorney Barney - If the local law has a substantive change there
must be another public hearing .
Councilman Niklas - If the Board did not want the ten year time
limit it could be changed now before the public hearing .
Councilwoman Harrison - The ten year time limit seems quite long .
Attorney Barney - The developers pointed out that an economic
situation could run as long as ten years . The developer of South
Woods which was approved seven years ago has been unable to sell a
lot yet because of the economy .
k
TBM 3 / 13 / 95
Page 40 .
Councilwoman Harrison - The proposed local law Agenda No . 24 ,
Section 6 says , " the Planning Board shall grant the request if it
finds a significant hardship " , upon reading the reasons for
hardship it is hard to imagine anyone coming before them where the
extension would be denied .
The hardships are an adverse economic climate , or the developers
financial hardship , or an adverse event in the personal affairs of
the developer . Anyone could justify an extension and the Planning
Board would be required to grant it . It is not clear this local
law does anything .
Councilman Ni. klas - The Town Board originally thought these sunset
provisions would be useful was because there were projects which
were incomplete for long periods of time , nothing was done and in
the meantime the Comprehensive Plan was finalized and the Town had
a different view . The Town had different requirements and needs
with that document . This local law would make sure incomplete
projects do not continue after the technology evolves in the
future , or the Comprehensive Plan changes .
Things have so dramatically changed that if the Town had
preliminary site plan or subdivision approval now those projects
would have not been approved .
Councilwoman Harrison - Should the clause 6b , be included in this
local law ? Would the adoption of the Comprehensive Plan give
grounds for saying a project is null and void after ten years , or
would there have had to been a change in the zoning ?
Attorney Barney - The adoption of the Comprehensive Plan alone
probably could be argued in either way . One could argue that is a
change in the relative requirements , but you could also argue there
is had not been an accompanying change in zoning . While the
Comprehensive Plan is an indication of the direction the Town
wishes , until the zoning itself is changed it would not be
sufficient motivation . It is somewhat ambiguous , deliberately so .
Councilwoman Grigorov - All a developer would have to do is
resubmit the project and it would be approved again , and if the
developer cannot do that maybe it should not be approved anymore .
Attorney Barney - That is what this section is outlining . If a
developer could not get approval the second time , then they are not
entitled to an extension .
Councilman Ni. klas - If the Town Board does not like this time
limit , it should be changed now rather than waiting . The Town
Board should riot make a recommendation to change - that time limit if
the Planning Board minutes where the argument was made regarding
the time limit .
TBM 3 / 13 / 95
Page 41 .
Councilwoman Harrison - How many subdivisions would be affected by
the enactment: of this local law ? -
Mr . Kanter - There are a few besides South Woods . There are some
if one lot is sold from the time of existence they would be exempt .
Councilman Niklas - There are some unfinished subdivisions which
have been around for forty years .
Attorney Barney - These subdivisions all have subdivision approval .
Councilman Niklas - The Auble property on South Hill is one of the
subdivisions which has only preliminary site plan approval and
would be affected by this local law .
Supervisor Whitcomb - Under the local law preliminary approval is
eighteen months , and final site plan is three years , and final
subdivision would be ten years .
Councilman Klein - In the course of developing large projects ten
years is not that long depending on the economic cycle .
Councilwoman Valentino - When the scenarios and discussions of how
long projects can take were held at the COC meeting , it did not
seem that ten years seemed too long .
Supervisor Whitcomb - Existing subdivisions would have ten years
from the enactment of this local law .
Councilwoman Harrison - The Board wouldn ' t have to give the
existing subdivisions ten years from enactment , because they could
be given ten years from the final approval date .
Councilman Niklas - That is not the way this local law is written .
Attorney Barney - You would want to give existing subdivisions some
reasonable period from the time this local law is enacted because
when they received the final approval this time limit was not in
effect . The could be given a time limit other than ten years .
Councilwoman 'Harrison - Did the Planning Board look at how long and
how many subdivisions there are with final approval which have not
been finished ?
Mr . Kanter - It was determined to be three or four subdivisions
meeting that criteria .
Councilwoman Harrison - Could the Town Board be provided with the
number and dates of those subdivisions ?
TBM 3 / 13 / 95
Page 42 .
Councilman Niklas - There may have to be a different time frame
formula developed for each of them . _
Councilwoman Harrison - If there are only a few they could be
looked at individually .
Supervisor Whitcomb - They could be dealt with by allowing the time
limit to be ten years from the date of approval , or five years from
the date of the enactment of the local law whichever is greater .
Councilman Klein - Are the unfinished subdivisions with time frames
of over 40 years being included ?
Attorney Barney - Most of them like Kendall Avenue has had enough
lots sold . Once the infrastructure is built in a subdivision this
local law would not apply . This local law is to address those
unfinished subdivisions where it is on " paper " and no progress has
been made , including two lot subdivisions .
Presently in the subdivision regulations the Town Board has veto
power . The Eire actually adopted by the Planning Board subject to
the approval of the Town Board . The Town is not even setting a
public hearing on the subdivision period of time . There are three
pieces of legislation , two are local laws and the other is the
subdivision regulation amendment .
Mr . Kanter - The subdivision regulations will be heard by the
Planning Board at their March 21 , meeting .
Attorney Barney - At the Planning Board public hearing there may be
changes . The! Town Board would not need to hold their own public
hearing on the subdivision regulations unless they wanted to .
Councilman Niklas - The advice of the Planning Board on the
subdivision regulations should be followed even on existing ones .
Councilwoman Grigorov - Agenda Item No . 25 , was discussed during
the case law seminar at the Association of Towns meeting . Does
this local law follow the new State law strongly enough ? The
seminar brought out that there has to be a strong nexus between the
park land , and the fees have to be justified with findings .
Councilman Niklas - Staff has done a superb in terms of looking at
the cross of properties and their zones . The evidentiary basis for
determining the fees is stronger than any documentation COC had
access to .
Attorney Barney - Agenda No . 25 , 2 ( b ) is parroting State law which
says that before the Town can require park land , whether in lieu of
fees or park land at all , the finding must be made that there is a
proper case exists in requiring other parks in areas of the Town .
TBM 3 / 13 / 95
Page 43 .
This section is extracted from the case law mentioned .
Councilwoman Grigorov - Is the burden of proof resting on the
municipality regarding this section ?
Attorney Barney - " Yes " .
Mr . Kanter - The other portion which is still missing is the parks
and open space plan update which will be ready soon . That is where
the need would be determined for park facilities .
Resolution No . 53 - Public Hearing Date : Motion made by
Councilman Niklas , seconded by Councilwoman Valentino authorizing
and directing the Town Clerk to advertise for a public hearing to
be held at the regular meeting of the Town Board on April 10 , 1995 ,
at 6 : 30 p . m . , in order that the Town Board may consider enactment
of a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Resolution No . 54 - Public Hearing Date : Motion made by Councilman
Klein , seconded by Councilman Niklas authorizing and directing the
Town Clerk to advertise for a public hearing to be held at the
regular meeting of the Town Board on April 10 , 1995 , at 7 : 00 p . m . ,
in order that. the Town Board may consider enactment of a , " LOCAL
LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE
RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda No . 26 :
Councilwoman Harrison - Are the fees in the agriculture district
based upon the amount the lots sell for in these areas ?
Mr . Kanter - It is based on an analysis of each of the zoning
districts by comparing actual sales . That is why the fees vary .
Councilman Niklas - These are the most recent sales .
Councilwoman Harrison - Was there consideration using the average
second dwelling addition in the particular zone in relation to the
local law which says if the number of the dwellings units cannot be
made it will be based on the number of approved building lots ?
TBM 3 / 13 / 95
Page 44 .
Attorney Barney - The Planning Board discussed that , and decided it
would not be possible unless a specific number could be arrived at
by using a fraction of percentages .
Councilwoman Harrison - It would be to someone advantage to say in
the local law that " cannot be readily ascertained " .
Attorney Barney - Except is would not be known when someone comes
in to pay the fee if they will be putting in an apartment ,
etcetera . If you apply an average , it may or may not apply to a
particular subdivision .
Councilwoman Harrison - What is the average rate of second
dwellings ?
Mr . Kanter - In R15 it would be 30 % . If there were a more specific
regulation of the second unit such as by accessory apartment
regulations by special permit , at that point the fee schedule could
be adjusted to have that apply to the second accessory unit when
that happened. .
Councilwoman Harrison - The Town Board should remember to
reconsider that issue .
Attorney Barney - The reason the way the law is presently drafted
rather than changing it is because when you collect the fee . Do
you collect it from the developer when they sell the lot , or is it
collected from the lot owner when they apply for a building permit .
If they are getting a building permit there would be a good idea of
whether there would be an apartment or not , but when the developer
sells the lot it may be sold of the vacant lot and the intention of
the buyer may not be to build . The Town would still want to get
the fee at the time the lot is sold .
Councilwoman - Done the other way , in an R15 zone on the average a
certain percentage would build a second dwelling , therefore the
assessment would be the number of building lots plus the
percentage .
This local law is anticipating being short by 30 % in terms of the
population that is building .
Attorney Barney - If the measurement is strictly dwelling units
that would be correct . The Planning Board ' s reasoning was to
collect the money from the developer .
Councilwoman Harrison - The money could still be collected from the
developer , but a percentage basis could be added related to the
expected number of second dwellings .
TBM 3 / 13 / 95
Page 45 .
Attorney Barney - The fee is also related to the value of the land
which is independent of the number of units on the land . If you
are going to sell forty lots in a subdivision , if one was for a
park , 39 would be sold . There is a rational basis for relating the
fee to the number of lots .
Councilwoman Harrison - Why does the local law include , " sums to be
established at the time of final approval even if the payment comes
later ' ? It can only be assumed the monetary value will only go up .
If the developer has delays it would not be in the best interests
of the Town to have the developer pay what they would have paid a
long time ago .
Attorney Barney - That was included so the developer would have a
fair estimate of what the cost would be .
That is a choice of the Town Board . The other issue would be , is
it fair to a developer to bring in a subdivision and pay $ 1 , 000 per
unit for 40 units , have it follow the process and then when it
comes time to pay , the fee has gone up .
Councilwoman Harrison - With the ten years the cost of that could
have increased tremendously .
Attorney Barney - But the point is the Town would have had the land
if it had been taken , in lieu of .
Councilwoman Harrison - The land would have escalated in value .
What will determine when the Town collects the money ?
Attorney Barney - Building permits or sale of a lot .
Supervisor Whitcomb - The Board will revise the fee schedule to
keep up with the market .
Councilwoman Harrison - The revised fee schedule would not apply
according to the way the law is written .
Attorney Barney - The fee schedule would not apply to an approved
subdivision .
Mr . Kanter - A developer wants to go into a project knowing what
their costs will be , and if there is a delay on how much the fee is
it would seem unfair . This local law will be extending out to the
multiple residence districts the ability to have park open space
set asides , which the Town has never had before .
Attorney Barney - A proviso can be made to address Councilwoman
Harrison ' s concerns , " the fee will that in effect if payment occurs
more than three years after final approval " .
TBM 3 / 13 / 95
Page 46 .
Councilwoman Harrison - If you pay the fee within three years that
is the rate , if it is paid in four years the new rate would be in
effect .
The Board instructed Attorney Barney to revise the local law by
adding his suggested proviso .
Resolution No . 55 : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
advertise for a public hearing to be held at the regular meeting of
the Town Board on April 10 , 1995 , at 7 : 30 p . m . , in order that the
Town Board may consider enactment of a , " LOCAL LAW AMENDING LOCAL
LAW NO . 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . The proposed
local law shell include the amendments as discussed and agreed upon
by the Town Board .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional No . 1 - Attendance , NYS Wetland Forum :
Motion made by Councilwoman Harrison , seconded by Councilman Niklas
approving the attendance of Janet Hawkes , Chairperson of the
Conservation Board and Candace Cornell , Associate Member of the
Conservation Board at the Wetlands 195 conference on April 6 and 7 ,
1995 , in Syracuse , New York , at a cost not to exceed $ 274 . 00 , which
includes registration and meals ( $ 160 . 00 ) , lodging ( $ 69 ) , and
mileage reimbursement ( approx . 120 miles @ $ . 30 = $ 45 . 00 ) , charged
to account B8020 . 407 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item .Additional No . 2 - Ithaca Area Wastewater Treatment
Plant Design Plans :
Mr . Walker - The process of rating the capacity of the Ithaca Area
Wastewater Treatment Plant is underway . There is a need for
modification; of the pumps , weir length , baffles , and tanks . An
additional 3 , 000 , 000 gallons per day capacity can be achieved by
implementing a contract with Stearns & Wheeler in the amount of
$ 48 , 000 to design the improvements . The improvements are expected
to cost about. $ 500 , 000 .
I
i
i�
i
TBM 3 / 13 / 95
Page 47 ,
Supervisor Whitcomb - The excess capacity is not needed at this
time , however the cost for acquiring excess capacity will never be
less expensive . The City is almost at their capacity limit now ,
and this excess could be sold to them .
Mr . Walker - The Town has exceeded its capacity during some of the
high rainfall periods . Last spring the Town was in violation of
the permit because of the excess run off . This capacity would
insure compliance of the permit .
Councilman Klein - Are the funds available to pay for this
contract ?
Mr . Walker - Capital funds were saved during the initial
construction of the plant .
Resolution DIo . 58 : Motion made by Councilman Conley , seconded by
Councilman Niklas authorizing and directing the Sewer Joint
Subcommittee to proceed with the design plans for the construction
of mid - tank baffle walls , and the installation of additional weir
length in the final settling tanks of the Ithaca Area Wastewater
Treatment Plant ,
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional _ No . 3 - Master Water Metering Project
SCLIWC :
Mr . Walker - According to the original agreement of the Southern
Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) , the master
meter can be installed to keep track of the water flow sold for
each municipality . The Town has been working with Bolton Point on
doing the design for the master metering , and will doing the
construction management .
Resolution No . 59 : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino approving the Town of Ithaca ' s participation
in the SCLIWC Master Metering Project , and authorizing the Town
Engineer to provide technical and administrative engineering
assistance to the Commission ; the cost of which shall be allocated
according to the terms of the Intermunicipal agreement . The Town
of Ithaca Town Board will consider funding the portion of the
project benefitting the Town of Ithaca after engineering plans ,
specifications and cost estimates have been completed and provided
to the Town :Board for review .
TBM 3 / 13 / 95
Page 48 ,
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman _ Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously ..
Other Business :
Additional Agenda Item No , 4 - Zoning Board of Appeals Appointment
Resolution No , 60 : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino to renew the appointment of Edward Austen ,
255 DuBois Road , Ithaca , New York to the Zoning Board of Appeals
for a five year term ending December 31 , 1999 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman. Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agriculture Committee :
Supervisor Whitcomb - The Town Board needs to determine if they
wish for the Agriculture Committee to continue , and if so in what
capacity .
Supervisor Whitcomb - The people who have indicated an interest in
serving on the Agriculture Committee are James Ainslee ; Christiann
Dean , and Jamie Baker has asked the Town to consider that she and
Phyllis Baker share the appointment .
Supervisor Whitcomb - It is my recommendation that Christiann Dean
continue as Chair of the committee , and that she be authorized to
solicit membership on the committee .
The Town Board agreed with the Supervisor ' s recommendation . A
letter will be sent to Ms . Dean explaining the recommendation .
Executive Session : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino that the Board move into executive session
to discuss a personnel matter . Carried unanimously .
The Town Board entered the executive session at 10 : 23 p . m .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas to resume regular session . Motion carried unanimously .
The Town Board resumed regular session at 10 : 45 p . m .
l
TBM 3 / 13 / 95
Page 49 ,
Agenda Item No . 28 - Adjournment :
Motion madE! by Councilwoman Valentino , seconded by Councilman
Niklas to adjourn , as there was not further business to come before
the Town Board . Motion to adjourn carried unanimously .
The Supervisor adjourned the meeting at 10 : 46 p . m .
Respectfully submitted ,
oan Lent Noteboom
Town Clerk
" Next Regular Meeting - April 10 , 1995 , 5 : 30 p . m .
�Ty OF I T
TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 _
Town Board Meeting 3/ 13/95
Agenda Items 10 (a) - 10 ( I )
Consent Agenda Items
Resolution No . 44 ( a ) - 44 ( I )
BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves
and/or adopts the Consent Agenda Item resolutions numbers , 10 ( a) through 10 ( I ) , as
presented .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
v
Joan Lent Noteboom , Town Clerk
of1p
° a TOWN OF ITHACA
21 126 EAST SENECA STREET , ITHACA , N . Y . 14850
', o
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (a)
Town Board Minutes : 1 /30/95 and 2/13/95
Resolution No . 44 ( a)
WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for
the special meeting held on January 30 , 1995 , and the regular meeting held February
13 , 1995 , 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 special meeting held January 30 , 1995 , and
the regular meeting held February 13 , 1995 .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
i
OF 1P
TOWN OF ITHACA
21 4$ 126 EAST SENECA STREET , ITHACA , N . Y . 14850
10
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (b)
Town of Ithaca Warrants
Resolution No . 44 ( b)
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 : $ 249372 . 93
50 , 599 . 01
General Outside Village Vouchers : 51728 . 48
15 , 481 . 40
Highway Vouchers : 20 , 065 . 44
18 , 254 . 18
Water & Sewer Vouchers : 108 , 733 . 39
6 , 013 . 27
98 , 672 . 21
2 , 263 . 94
Lighting District Vouchers : 11141 . 59
Capital Project Vouchers : 14 , 332 . 40
Fire Protection Vouchers : 7897113 . 00
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
i
Joan Lent Noteboom , Town Clerk
OF1P
° a TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
WIN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273 - 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (c )
Bolton Point Warrants
Resolution No . 44 ( c)
WHEREAS , the abstracts with the following numbered listing of vouchers for
Bolton Point have been presented to the Town Board for approval of payment ; and
WHEREAS , staid abstract has been audited for payment by the Town Board ; now
therefore be it
RESOLVED , that the Town Board hereby authorizes the payment of said vouchers
as numbered and listed on the abstract .
Operating Fund Vouchers : No . 139 - 208 $ 112 , 668 . 97
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan (ent Noteboom , Town Clerk
4� OFIp
a TOWN OF ITHACA
21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
��jp 10
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 18/95
Agenda Item No . 10 (d )
Attendance NYS Town Clerks Association Conference
Resolution No . 44 ( d )
WHEREAS , the NYS Town Clerks Association will be holding their 13th Annual
NYSTCA Conference , April 23 - 26 , 1995 , at the Syracuse Sheraton Inn and
Convention Center , Electronics Parkway , Liverpool , New York ; and
WHEREAS , the Town Clerk believes attendance at the conference would prove to
be educational and informative for herself and Deputy Town Clerk , Mary Saxton as
there will be sessions related to Department of Environmental Conservation licenses ,
Land Use Laws Affecting Town Clerks , Elections , Handicap Parking Permits , the
Notary Public , the Committee on Open Government , and Records Management ; and
WHEREAS , the current Town Clerk and Records Management budgets include
sufficient funds for this purpose ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby approves the
attendance by Town Clerk , Joan Lent Noteboom and Deputy Town Clerk , Mary
Saxton at the 13th Annual NYSTCA Conference , April 23 - 26 , 1995 , at the Syracuse
Sheraton Inn Convention Center , Liverpool , New York at a cost not to exceed $900 . 00
which includes registration , accommodations , meals , mileage , Notary Public exam fee ,
and other qualifying expenses charged to Town Clerk Account A141 .0 . 400 , $450 . 00 ;
and Records Management Account A1460 . 400 , $450000.
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Qm'r- j ��
Joan Lent Noteboom , Town Clerk
OF 1 r
° a TOWN OF ITHACA
21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
1 o
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (e )
Appointments Tompkins County Board of Assessment Review
Resolution No . 44 ( e)
WHEREAS , the Tompkins County Board of Assessment Review will hold their
review proceedings on May 17 , 1995 , from 3 : 00 p . m . to 6 :00 p. m , at the Tompkins
County Assessment Office , 128 East Buffalo Street , Ithaca ; and
WHEREAS , it is necessary that the Town Supervisor appoint two members of the
Town Board to attend the said proceedings as Town of Ithaca representatives ; now
therefore be it
RESOLVED , the Town Supervisor hereby appoints Councilman Edward Conley ,
and Councilwoman Carolyn Grigorov as the Town of Ithaca representatives to the
Tompkins County Board of Assessment Review on May 17 , 1995 ; and be it further
RESOLVED , the Town Clerk is hereby authorized and directed to send a certified
copy of this resolution to the Tompkins County Board of Assessment .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1p
° _ 9 TOWN OF ITHACA
21 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (f)
Probationary Employees ' Salary Procedures
Resolution No . 44 (f)
WHEREAS , the Personnel Committee has reviewed the Town ' s current unwritten
procedures for awarding salary increases to probationary employees ; and
WHEREAS , the Personnel Committee has determined that these procedures be
revised and officially approved to clarify the process ; and
WHEREAS , the Personnel Committee feels probationary employees should not
receive an increase upon regular appointment , but should instead be included in any
approved annual salary process as applied to regular status Town employees ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve
elimination of the salary increase for probationary employees upon regular
appointment , for all new appointments effective February 16 , 1995 and thereafter; and
be it further
RESOLVED , the Town Board of the Town of Ithaca does hereby approve including
probationary employees in any approved annual salary process applicable to regular
status employees , for all new appointments effective February 16 , 1995 and
thereafter.
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein , alye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , .aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF I r�
a TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
�
Y
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (g )
Appointment Temporary Engineering Aide
Resolution No . 44 ( g )
WHEREAS , the Engineering Department employed Thomas Mordue through the
CIVITAS program through December; and
WHEREAS , Mr. Mordue has transferred from Cornell University before completion
of his work projects for the Town ; and
WHEREAS , the Town Engineer feels it would be beneficial for the Town to employ
Mr. Mordue until the work is complete ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca ; does hereby appoint Thomas
Mordue as part-time , temporary Engineering Aide at $8 . 00 per hour for up to forty
(40) , hours , charged to account A1440 . 101 . Benefits are limited to the part-time ,
temporary status of this position .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
TBM 3 / 13 / 95
Page 23 .
Agenda Item 'No 11 - 1994 Town Justice Dockets , Merton Wallenbeck :
Resolution No , 45 : Motion made by Councilman Klein , seconded by
Councilman Niklas accepting for filing by the Town Clerk the 1994
Dockets of Town Justice , Merton Wallenbeck for the year 1994 .
Members of the Town Board as required by law shall sign and date
the said dockets .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman. Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 12 - Contract , Tompkins County Operating Expenses
Transportation & Human Services :
Mrs . Noteboom - An amended version of the contract has been
received and Attorney Barney has reviewed and approved the
execution of: the contact .
Resolution No . 46 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing and directing the Town Supervisor to
execute the Transportation & Human Services contract with Tompkins
County in form and substance satisfactory to the Town Supervisor
and Attorney for the Town . The contract shall provide for
reimbursement to the Town of Ithaca for transportation and human
services for a total amount of approximately $ 23 , 900 . 00 .
Councilwoman Harrison - Are the services fully reimbursed to the
Town by the County ?
Attorney Barney - The contract calls for a mechanism for which the
Town pays for these items . The payments are a pass through with
the County .
Supervisor Whitcomb - There has been a long standing problem with
the contract: in that the County has requires the Town be indemnify
them from liability .
Attorney Barney - The Town has to make a decision to get the money
for the program by this pass through , or argue the indemnification .
Motion called : Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No . 13 - Advertisement for Bids , Rubber Tire Excavator :
Resolution No . 47 : Motion made by Councilwoman Valentino , seconded
by Councilman Niklas that on the recommendation of the Public Works
TBM 3 / 13 / 95
Page 24 .
Committee the specifications for the new rubber tire excavator be
approved . 'The Town Clerk is authorized and directed to receive
bids for the new rubber tire excavator .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously ..
Agenda Item No . 14 - Bid Specifications / Advertisement , Judd Falls
Road Reconstruction :
Mr . Walker - The scope of the project is replacement in kind of
Judd Falls Road from Tower Road down to Forest Home Drive . The
work from Tower Road to approximately 150 feet from the
intersection will consist of removing the pavement , removing the
inadequate subgrade , installing new drainage , installing a new base
with a recycled asphalt binder layer four inches thick with two
inches of topcoat . The top will be a high friction asphalt
pavement .
From approximately 100 feet down to the intersection the grade will
be changed ;Tightly from 13 % to about 8 % to 9 % grade . This will
begin at the northern edge of Mr . Boles property and will be about
10 inches of cut in Judd Falls Road with a fill at the intersection
of one foot on Forest Home Drive . The limits of work will extend
on Forest Home Drive from the Byway to approximately 100 feet to
the east .
The Forest Home Improvement Association has suggested putting a
section of curving in and slightly shifting the roadway on Forest
Home Drive to allow a wider area for a walkway at the last house
near the intersection . The section which already has a curb and
gutter section will get new identical sections .
As part of the contract Cornell University will be reimbursing the
Town for the work of the excavation of the pipe arch that carries
the foundation road under Judd Falls Road . That is a private
culvert which is a private structure in the right of way . The
landowner is responsible for that repair . The Town will be
slightly raising the profile over the culvert as it has settled
almost a foot in various locations . The granite curb will be
removed for about a 150 foot section at the same roadway .
The road will be narrowed slightly from the section known as the
" Jug Handle " to the concrete curb by Forest Home .
The design is in conformance with the resolution the Forest Home
Improvement Association adopted years ago . The representatives
from Forest :Home have met with Town staff .
TBM 3 / 13 / 95
Page 25 .
Councilman Klein - The Public Works Committee has reviewed the work
a number of times and did recommend approval of the project .
Bill Goldsmith , 117 Judd Falls Road , Past president , and present
member of the Forest Home Improvement Association including the
committee who met with the Public Works Committee members to review
the reconstruction : The Forest Home community is pleased with the
design , it does meet the wishes of the community with the exception
of not having the road improved at all .
The steep grade is fine because there are steeper grades in the
other roads coming into Forest Home . There is a virtually zero
accident record at that location because it is terrifying , and
keeps people slowing down .
Nancy Brcak , President Forest Home Improvement Association - The
Forest Home work group , staff , and members of the Public Works
committee had a very good meeting . The Forest Home Improvement
Association wishes to thank the Town very much for all the
cooperation on this project .
There are plenty of people in Forest Home who wish the money would
be spent elsewhere , but since the Town has resolved to do this ,
thank you very much for all the thoughtfulness the Town has shown .
Resolution No , 48 : Motion made by Councilman Conley , seconded by
Councilman Niklas authorizing the advertisement for bid and the
receipt of bids for the reconstruction of Judd Falls Road .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman. Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 16 - Forest Home Bridge Maintenance :
Mr . Walker - The Board has reviewed the agreement for the
maintenance responsibilities which Tompkins County has prepared .
Details regarding design information is still pending . The design
was supposed to be complete several weeks ago . A meeting was held
last week to review the status of the design and it was found there
are still questions about what the final structural support details
will look like .
The intent of the agreement is consistent with the past policies
which have not been presented in writing . Tompkins County would
maintain the structural portion of the bridge and the Town would be
responsible for the wearing surfaces . The decorative trusses are
a major surface feature which are not structural . The County
maintains the Town should be responsible totally for the deck and
trusses including the supporting members .
TBM 3 / 13 / 95
Page 26 .
There is a concern about the County ' s definition of supporting
members . If it means the " I " beams that hold it up , and the
special channels that support it there is concern the Town does not
want that liability because they are part of the structural system
of the bridge . The cantilevered sidewalk would cause the same
concern . The members under the sidewalk are not surface features ,
they are structural support features .
This agreement needs to be redrafted , because it is specific to
this bridge the final design documents should be seen to make the
document consistent with those details .
Tompkins County needs to have this agreement executed before they
will move ahead with awarding the contract .
Supervisor Whitcomb - A letter has been written to Barbara
Blanchard , Tompkins County expressing concerns about the delay of
this project . Mr . Walker has contacted the County Engineer .
Resolution No . 50 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing the Town Supervisor to execute a
maintenance agreement for the downstream Forest Home bridge , after
consultation and recommendation from the Town Highway / Parks
Superintendent and the Town Engineer , and after review of the
document by the Attorney for the Town .
Councilwoman Harrison - There was much discussion about the plans
that the Town Board wanted assurance that the final plans have
minimum abutments , etcetera . It is not known if that criteria has
been met , if this is the last chance this Town Board would have to
approve the project .
Mr . Walker - This would not be the last opportunity for the Town
Board to look at this . There will be an approval of the
expenditure of funds before the contract award date , which has to
approved by this Town Board . It is not known what the County
Engineer ' s estimate of cost is .
The designs are approximately 30 % complete . No details have been
seen regarding the abutments .
Councilman Niklas - Is the County aware of this Town Board ' s
concerns about the specific design criteria which was decided upon
and is now expected ?
Mr . Noteboom - " Yes " .
Councilman Niklas - If the County returns design plans which do not
meet the agreed upon criteria expected , the Town would have
legitimate grounds for complaint and could refuse to execute the
agreement .
TBM 3 / 13 / 95
Page 27 .
Mr . Walker - The design draws are supposed to show the concept
which was approved by the Town Board in August , which has a single
lane bridge , with trusses in relation to a four foot wide wood deck
cantilevered sidewalk with the applicable supports and preserving
the existing railings and trusses .
Councilman Niklas - The fact is the County cannot plead ignorance
of what the Town desired .
Mr . Walker - There was a meeting on March 8 , with the County . The
plans received were not complete . Bruce Brittain of the Forest
Home community was contacted to attend , as well as a representative
from Historic Ithaca . It was agreed the plans did not explain more
than what wa. s already known . There will be another work session
with all these individuals upon receiving the final detail plans .
Nancy Brcak - The ISTEA Grant runs out at the end of the year , and
if the County does not act this year those funds will be lost . The
amount is a considerable amount . If that were to occur the
historical aspect would again be in jeopardy . The Forest Home
Improvement Association concerned about the schedule for that
reason .
Mr . Walker - The County would have to be under contract within the
year 1995 to receive the ISTEA funding .
Motion called . Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No . 22 - Pipe Arch Repairs , Judd Falls Road :
Mr . Walker - The agreement related to the pipe arch repairs during
the Judd Falls Road reconstruction project are not complete at this
time . Final design details are needed from Cornell University so
that the exact amount of monies and percentages of cost are known .
Resolution No . 51 : Motion made by Councilman Niklas , seconded by
Councilwoman Grigorov authorizing and directing the Town Supervisor
to enter into a mutually beneficial agreement with Cornell
University to cooperatively construct the resurfacing of a portion
of Judd Falls between Tower Road and Forest Home Drive , and to make
repairs to the Cornell owned corrugated metal pipe arch tunnel
under Judd Falls Road at the " Jug Handle " , after consultation and
review of the agreement with the Attorney for the Town .
Supervisor Wiitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
TBM 3 / 13 / 95
Page 28 .
Agenda Item No . 15 - Payment Utility Share , Route 13 Over Conrail ,
Cayuga Inlet1 & Buttermilk Creek Highway Construction :
Supervisor Whitcomb - The Town ' s payment of the utility share
estimate for this project was approved by the Board previously .
Since that time the actual cost has been determined .
Mr . Walker - There is a twelve inch water main that comes across
the Inlet to the Buttermilk Falls Road , and parallels Route 13 and
connects to the City of Ithaca System . The long term plan is to
extend the Town ' s water up to properties on Buttermilk Falls Road .
That area now has a six inch line which has often failed and has
extensive maintenance costs .
The State will have Route 13 torn up which will be an opportunity
for the Town to have this water line put in as part of that
project .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving payment of $ 52 , 099 . 60 to the New York State
Department of Audit & Control for the completion of the water main
betterment as described . The cost of the said water betterment in
the amount of $ 52 , 099 . 60 shall be expended from account H8340 . 221 .
Supervisor Whitcomb , aye , Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 17 - Zoning Ordinance Building Height Requirements :
Councilman Niklas - The Codes and Ordinance Committee ( COC ) was
asked to look at the desirability of increasing the minimum
building height . The current zoning ordinance has the minimum
height at 30 feet .
The Zoning Board of Appeals ( ZBA ) has had ( 21 ) requests for
variance of building height . The average of the heights for those
requests is about 35 . 015 feet . The ZBA has asked that the minimum
building height be increased to 36 feet to eliminate so many
requests for variances .
Supervisor Whitcomb - Why would the Town not want to make this
change ?
Councilman Niklas - There are two sides , one is that there is
possibly an excessive work load to the ZBA that the current minimum
building height is not in keeping with those of the surrounding
municipalities . The Town of Ithaca is one of great slopes and 36 "
measured off a slope is not a towering height .
TBM 3 / 13 / 95
Page 29 .
The opposing argument is that the Town could keep increasing the
minimum building height , and no matter what it is someone will
invariably come forth to the ZBA requesting a variance .
COC could amend the ordinance quickly and efficiently , the Town
Board is being asked to give guidance as to the Boards pleasure
since this is a policy decision .
Mr . Frost - A survey was conducted of all the municipalities in the
County . The Town has the most restrictive height requirement other
than Cayuga Heights .
There is no particular height requirement by building code other
than the code does limit the wood frame structure to a two story
building . No matter how high someone wanted to build they would be
limited by the building code to no more than two stories .
It would be .impractical for someone to build a two story building
which was 60 to 70 feet tall because there would be 15 to 20 foot
ceilings .
If the Town did change the height requirement there would still be
people asking for variances , but there would not be a push of that
threshold to a higher number because of the impracticality of doing
so .
Councilman Klein - When referring in the Town ' s definition of the
" lowest level of the structure " , does it also mean the basement
slab .
Attorney Barney - It is defined by the outside and interior
heights . The height from the lowest interior is from the slab of
the floor in. the basement to the top . The outside height is
measured from the lowest point outside to the top .
Councilman Niiklas - The ZBA has not requested the Town Board
readdress how building height is actually measured .
Mr . Frost - The Town height limits dramatically the architectural
style of the building .
Councilman Klein - Because of the style of housing being built , the
ZBA is addressing a great many unnecessary variance cases .
Councilman Niklas - Historically this has been a very contentious
issue . One of the concerns of the Greater Ithaca Neighborhood
Association was what was thought to be excessively high buildings
which were towering over homes that had already been established in
communities . There was a real concern if the Town did not regulate
building height at points where rental properties abutted next to
older communities the rental properties might look inappropriate .
TBM 3 / 13 / 95
Page 30 .
The COC will proceed to make the necessary changes for presentation
of approval by the Town Board ,
Mr . Frost - A number of people come to the Building Department
where the initial building plan where the height is exceeded ,
rather than going to the ZBA they have changed the design of the
home . There are many more height changes than are reflected in the
( 21 ) variances granted by the ZBA .
Councilwoman. Grigorov - It was not very long since the ordinance
was amended .
Attorney Barney - The amendment was not to lower the height , it was
to create a set of standards to measure by . The problem was with
exterior measurements because moving dirt around the foundations of
buildings could change the measurement .
Supervisor Whitcomb - The Board will look forward to receiving the
changes from. the COC .
Agenda Item No . 18 - Advisability of Amending Sprinkler Systems
Local Law :
Councilwoman Grigorov - After reading the law it does not seem to
be as bad as some people have thought it was . Some objections
brought out are not applicable .
Mr . Frost - The documentation provided shows a list of the
operating permits to reflect the numbers of buildings which would
have to retrofit sprinkler systems under the present law .
Councilman Klein - Having to install sprinklers after a building is
up can be quite expensive .
Councilman Niklas - What does Fire Chief Wilbur thing about this ?
Councilwoman Grigorov - The Fire Chief would want sprinklers to be
installed .
Mr . Frost - The Fire Department will not support any change or
modification to the local law .
Councilwoman Harrison - How does this law relate to other
municipalities .
Mr . Frost - The Town of Ithaca does not require a simple detached
one or two family residence to have sprinklers , it was in the
original version and then was modified in a subsequent local law to
take out the requirement for standard housing except for
condominiums .. The law has had an effect on single family attached
housing .
TBM 3 / 13 / 95
Page 31 .
The Town was the third in passing the local law , and 12th at the
time New York State approved the law as being more restrictive than
building code . There are twenty eight municipalities in New York
who have some form of sprinkler regulations over and above the
building code .
Councilwoman Grigorov - The Fire Marshall who gave a speech at the
Association of Towns meeting stated that water is not what should
be put on some fires , such as kitchen fires . If the sprinkler is
working properly by the time they are activated it will be a
general fire .
Mr . Frost - The lives and buildings which have been saved by
sprinklers is very well documented .
Councilwoman Grigorov - Maybe just having sprinklers is not enough ,
if there is a fire in a restaurant and the sprinkler comes on it
could make the fire worse .
Councilman Klein - That is covered in the law , alternatives to
water are provided for in Section 71
Mr . Frost - Sprinklers are fully installed in restaurants , banquet
rooms , and cooking areas . In areas where there is grease you have
hood systems directly over that area which is a dry chemical for
extinguishment .
Harry Ellsworth , Member ZBA - As a private consulting Engineer a
good share of work done has been designing sprinkler systems for
approval by the City of Ithaca . The City is not moving away from
the concept of sprinkler systems . They are moving towards more
sprinklers in multiple housing such as apartment houses .
Construction was completed this week on a social club because of
the revision to the State code that was passed last August to move
sprinklers into areas of public assembly with one hundred people or
move , That was extended by the City Fire Marshall to the whole
building including the kitchen which had fire rated walls .
Building owners in the Town of Ithaca will be looking at costs
which are fractions of a million dollars because they own a great
deal of property . This will create controversy . As people are
selling buildings and taking off fire escapes there are more
requirements for sprinklers .
Another issuE� which will play a part is the smoke ordinance .
Meetings with the City have to be held because work cannot be
completed because of these issues .
TBM 3 / 13 / 95
Page 32 .
The whole nation is moving to sprinkler systems because the codes
are moving towards better economies in multiple buildings . The
trend will be the spreading of this policy . However , a price
cannot be placed on a life .
Supervisor Whitcomb - What is the cost per unit ?
Mr . Ellsworth - A present project in College Town with fourteen
apartments to install a means of egress was about $ 8 , 000 , just to
do the hallways . Because of situations of the smoking ordinance a
full system may be installed which would cost about $ 25 , 000 .
Mr . Frost - Care has to be taken to distinguish between new
structures and existing structures .
Mr . Frost - The list provided shows all who have operating permits
and would be required to retrofit systems into the buildings . The
only exception are on College Circle .
The developers of new buildings do put in the systems when
building .
All the dorms at Ithaca College do not have sprinkler systems . The
Towers would be the first priority for placement because it is a
multi storied building .
Councilwoman Grigorov - Is it more expensive to retrofit a system
than install it at the time of building ?
Mr . Ellsworth - To retrofit a new water line has to be installed .
The cost of doing that depends on the distance and what has to be
done . It costs $ 2 , 000 to $ 3 , 000 to just get the new water line .
Mr . Frost - It would cost about $ 5 , 000 to retrofit a three family
multiple dwelling .
Councilman Klein - The law states that by 1998 every existing
commercial building and dwelling in the Town has to have sprinkler
systems .
Mr . Frost - The requirement would apply to buildings where there
could be " sleeping " , and multiple dwellings , and day care center .
Supervisor Whitcomb - The law gives about three years for
compliance . If the Town is not going to modify the law the owners
need to be reminded of the time frame .
Councilwoman Harrison - Why would there be a retail store ?
Mr . Frost - All new buildings need sprinklers .
TBM 3 / 13 / 95
Page 33 .
Councilman Niklas - The retro fitting in Section 4 is reasonable
because they are buildings which house a lot of people . There is
a variance procedure .
Mr . Frost - If there is a bed and breakfast facility with no more
than four lodgers the State code would allow a rating as a single
family residence . This law would not necessarily do that , unless
the Board would want a sprinkler system in those dwellings .
This law waS filed with the Department of State after all legal
steps were followed .
Supervisor Whitcomb - Does the Town Board wish to change the law ?
Councilwoman Harrison - The Board should see what would be added
over and above the State codes .
Mr . Frost - When there is new construction of three stories and
more than thirty sleeping rooms there would have to be sprinklers
under the State codes .
All the under three stories and under thirty sleeping rooms , and
those retroactive buildings would be the Town ' s responsibility .
The State law which provided for funds to become available to help
people install sprinklers in buildings of public assembly has not
been accessed in the ten years of the law , and it is unlikely those
funds will ever be available .
Councilwoman Harrison - Can a comparison be made of the Town ' s
local law and the State code to show what the differences would be
in monies spent or needed , and the cost in relation to lives saved ?
Mr . Frost - One could assume that when a sprinkler system goes off
it would put the fire out .
Councilman Niklas - There was a fire at College Circle where
students had put some books on a radiator and overnight the books
caught fire . The sprinkler system put it out and the firefighters
said the system saved the students lives .
Supervisor Whitcomb - The Fire Chief does make mention to the media
of how understaffed the local fire department is A major revision
of this local. law would provide more reasons to request additional
firefighters at a cost to the Town taxpayers . With sprinkler
systems in place in the Town the response time by the fire
department is not as critical in places of multiple residences and
public assembly as it would without them .
TBM 3 / 13 / 95
Page 34 .
Councilman Niklas - If there are members of the Town Board who
would like to make specific modifications to the local law they may
do so and present recommendations to the entire Board .
Supervisor Whitcomb - Anytime a fire fighter enters a building they
are risking 'their life , the sprinkler law minimizes that risk .
If there are specific recommendations about how the law may be
changed the Board will submit those to the Supervisor . The matter
will be placed on the agenda again when enough recommendations are
received .
Mr . Ellsworth - There is not public water in each of the areas
where the sprinklers are required .
Councilman Klein - Most of the multiple dwellings would .
Supervisor Whitcomb - Those areas which did not have public water
could be covered under the variance procedure .
Councilman Niklas - Not having public water would create an unusual
hardship . The alternative would be very large retaining cisterns .
Councilman Klein - Would the Town Clerk please provide copies of
the minutes related to this issue when it was first proposed so
that the Board may understand the intent of the Board at that time ?
Mrs . Noteboom - " Yes . "
Attorney Barney - The Town Board in 1988 enacted this law because
it was at the time the City of Ithaca proposed a very large
increase in the fire contract . The feeling was to try and do
something to :reduce the cost of fire protection , and this was one
way of doing o .
Councilman Klein - There is nothing which has proven the sprinkler
law has effected the fire protection contract .
Attorney Barney - Theory at the time was reduction in the fire
contract would occur over a long period of time .
Councilwoman F[arrison - What would be the procedure if a proposal
for new construction came forth in an area that did not have a
public water supply , but required a sprinkler system?
Mr . Frost - There were some like those in the past on Elmira Road .
The variance allowed them . to put the sprinkler in with a
substandard water supply with the requirement that within thirty
days of public water be available they connect .
TBM 3 / 13 / 95
Page . 35 .
Agenda Item 'No . 27 - Town Hall Facility Needs Evaluation :
Supervisor Whitcomb introduced Mr . Doug Look of HOLT Architects who
answered questions about the evaluation .
Councilwoman Harrison - The evaluation has a column which assigns
weight for facilities , please explain how that was determined .
Mr . Look , HOLT Architects - The weighing system would be
determined by the Town Board to establish relative importance of
the of all the factors for the purposes of illustrating how this
would work . The weighing system is from 1 to 5 , with 5 being the
most important factor .
Councilman Klein - The weights shown are theoretical .
Mr . Look - This was not a part of the scope HOLT was hired to do ,
it was included as a possible tool for the Town Board ,
Councilwoman Harrison - Weighing systems can often become very
arbitrary . There are legal requirements related to accessibility
to the building .
Mr . Look - This weighing is not necessarily related to the
Americans With Disabilities Act , it was intended to be ease of
getting to the site .
Councilwoman Harrison - The accessibility of persons with
disabilities is part of the cost implications because of the legal
requirements .
Councilman Niklas - The accessibility is suggested related to means
of location . Some kind of ranking is desirable otherwise there
would be no me= thod of elimination .
Councilwoman Harrison - A ranking system should not be applied ,
example if being the City is worth five times as much having
flexibility for future growth . That is too hard to score , it would
be too objective .
Councilman Niklas - It is assumed there will be more than one
choice for a new facility , especially at the first stages . The
Town Board is obliged to defend those choices as objectively as
possible to the public . A weighing factor does have to be dealt
with very carefully . If the criteria are agreed upon in the
beginning and resolution is made about the weighing factors for
each criteria it is not risky than any other approach .
Supervisor Whitcomb - The Board can intuitively eliminate many of
the locations without a weighing system . There are other things
should be discussed .
TBM 3 / 13 / 95
Page 36 .
Mr . Look - The space needs are idealized conditions determined by
the descriptions provided by the staff . In November , different
scenarios for space were provided . The Town Board , staff , and the
committee with Councilman Klein and Supervisor Whitcomb chose the
more moderate= versions of the requests .
Councilwoman Valentino - The program chart for Planning and
Engineering :showing 6 % seems low .
Councilman Klein - The bulk of the space has the shared space for
the Board room and other functions relative to the needs .
Councilwoman Grigorov - How does the proposed space relate to the
present spacE1. for those departments ?
Mr . Look - It may be somewhat deceiving because of the shared space
Engineering and Planning have more of that than the other
departments .
Mr . Walker - :Presently part of the space not utilized could go into
the shared space for records management .
Mrs . Noteboom - The Town Clerk ' s portion of the chart includes
space for records management .
Councilwoman Valentino - When the records management is included
the chart makes more sense .
Mr . Walker - If you look at the technical support staff of
planning , zoning , engineering , and building codes it is almost
equivalent to the Town Court space . The administrative portions
for the supervisor , Town Clerk , accounting , and personnel are about
18 % , which is in line with the projected space needs for the
technical and court space . The technical departments and personnel
now have about. 2 , 500 square feet , the second floor of the building .
Mrs . Noteboom - All that 2 , 500 square feet is not useable space
because of the inefficient locations of offices .
Mr . Walker - The shared services is for the storage , records
management center , the vault , conference areas , rest rooms , and
lobby .
Mr . Look - The support staff for planning and engineering has been
combined in one area through the shared services .
Mr . Frost - The evaluation is very informative and looks to the
future for growth and more staff which is needed .
TBM 3 / 13 / 95
Page 37 ,
Councilman Klein - Even though the evaluation seems to state the
obvious , whether you are looking at renovating an existing facility
or building a new one the specific program has to be considered .
This document does look at the specific program and defines the
needs so that the architect can design the building .
Mr . Look - Tile matrix and the program are all guidelines , they can
be altered if necessary . The evaluation was intended to document
what was learned from speaking to staff and the committee . There
is probably more space projected in the evaluation than in the
present building because this assumes the new facility whether new
or renovated would be in code compliance with all laws .
The evaluation would provide for very efficient work spaces .
Presently there are work spaces in corridors .
Resolution No . 56 : Motion made by Councilman Klein , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
fila the Facility Needs Evaluation as a reference tool in the
search for a new Town Hall .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Motion made by Councilman Conley , seconded by Councilman Niklas to
move into executive session to discuss property acquisition .
Carried unanimously .
The Town Board moved into executive session at 8 : 45 p . m .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas to resume regular session . Carried unanimously .
The Town Board resumed the regular session at 9 : 40 p . m . No action
was taken as a result of the executive session .
Agenda Item No . 19 - Amendment to Local Law No . 9 / 1991 :
DELETED from consideration at this time .
Agenda Item No . 20 - Kenneth Well Water and Sewer Benefit
Assessment Reduction :
Mr . Walker - Mr . Wells has requested a reduction of the water and
sewer benefit assessments because there is a portion of the
property between the railroad tracks and the Inlet which is in the
flood plain and would be hard to build on .
TBM 3 / 13 / 95
Page 38 .
The potential for building is low , but the Town should probably
have a type of conservation easement before _ reducing the
assessments . Mr . Wells has considered donating a portion of this
land to the State Parks .
Agenda Item No . 21 - Sewer Service Request , Peregrine Hollow :
Mr . Walker - A request has been made for the Town to provide sewer
service to Peregrine Hollow . According to the agreement through
the Sewer Joint Subcommittee ( SJS ) they may be the right to
capacity . Tile application has been made from the Town of Dryden to
the SJS asking for this proposed sewer district .
The Town has a commitment to the Town of Dryden to work with them
since there is already an agreement to transmit sewage . There
would be a cost they would have to pay . The proposal will be
reviewed .
Supervisor Whitcomb - The plan is to have the Town Engineer draft
an agreement with the help of the Attorney for the Town . The Town
needs to make a decision before approaching the Town of Dryden .
The Route 366 water agreement has to be resolved with Cornell and
Dryden , and the Sapsucker Woods agreement . Mr . Varn ' s plans should
not be held up because these other agreements are not completed .
Attorney Barney - They are agreements as to how the intermunicipal
cooperation will work .
Mr . Walker - There will be a status report at the April meeting , it
will not be ready to finalized then .
Agenda Item No . 23 - Review Fee Waiver , Cornell GEIS :
Resolution No . 52 : Motion made by Councilman Klein , seconded by
Councilwoman Grigorov approving the waiver of the $ 111 . 87 in review
fees exceeding previous deposits relating to the Cornell University
Precinct 7 GEIS / SLUD account . The waiver of any additional review
fees associated with the Town Board ' s review of the Cornell
University Precinct 7 GEIS / SLUD is also approved . The budget
account established for such purpose shall be closed .
Supervisor Whitcomb , aye ; Councilwoman Valentino , nay ; Councilman
Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion
carried .
Agenda Item No . 24 - Public Hearing Date , " LOCAL LAW TO AMEND THE
TOWN OF ITHA.CA ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF
PRELIMINARY SITE PLAN APPROVAL " :
TBM 3 / 13 / 95
Page 39 .
Agenda Item No . 25 - Public Hearing Date , " LOCAL LAW AMENDING THE
TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN
MULTIPLE RESIDENCE DISTRICT " :
Agenda Item No . 26 - Public Hearing Date , " LOCAL LAW AMENDING LOCAL
LAW NO . 10 , 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " :
Councilman Niklas - These proposed local laws drafted upon the
recommendation of the Town Board on the 1995 Work Plan . They have
also been the subject of Planning Board public meetings . The
Planning Board will be holding a public hearing or discussing these
local laws on March 21 .
The most contentious of the three are the local laws for Agenda No .
24 and 25 . Substantial public input has already been heard
regarding them , and these local laws are in response to those
comments ,
In the sunset provisions the COC originally recommended there is a
three year waiting period . It has now been modified to ten years .
That could bE� changed if desired by the Town Board at the public
hearing .
There were some developers who came before the Planning Board who
did not want any sunset provisions at all .
The Planning Board changed the time limit to ten years because some
precedents have already been set . The Health Department has a ten
year sunset provision for subdivisions where there is a need to
design on site septic systems . The logic is that in ten years
technology changes .
Councilwoman Grigorov - When a local law comes to the public
hearing if the Board rejects it or changes it another public
hearing has to be held .
Attorney Barney - If the local law has a substantive change there
must be another public hearing .
Councilman Niklas - If the Board did not want the ten year time
limit it could be changed now before the public hearing .
Councilwoman Harrison - The ten year time limit seems quite long .
Attorney Barney - The developers pointed out that an economic
situation could run as long as ten years . The developer of South
Woods which was approved seven years ago has been unable to sell a
lot yet because of the economy .
k
TBM 3 / 13 / 95
Page 40 .
Councilwoman Harrison - The proposed local law Agenda No . 24 ,
Section 6 saes , " the Planning Board shall grant the request if it
finds a significant hardship " , upon reading the reasons for
hardship it is hard to imagine anyone coming before them where the
extension would be denied .
The hardships are an adverse economic climate , or the developers
financial hardship , or an adverse event in the personal affairs of
the developer . Anyone could justify an extension and the Planning
Board would be required to grant it . It is not clear this local
law does anything .
Councilman Ni. klas - The Town Board originally thought these sunset
provisions would be useful was because there were projects which
were incomplete for long periods of time , nothing was done and in
the meantime the Comprehensive Plan was finalized and the Town had
a different view . The Town had different requirements and needs
with that document . This local law would make sure incomplete
projects do not continue after the technology evolves in the
future , or the Comprehensive Plan changes .
Things have so dramatically changed that if the Town had
preliminary Site plan or subdivision approval now those projects
would have not been approved .
Councilwoman Harrison - Should the clause 6b , be included in this
local law ? Would the adoption of the Comprehensive Plan give
grounds for saying a project is null and void after ten years , or
would there have had to been a change in the zoning ?
Attorney Barney - The adoption of the Comprehensive Plan alone
probably could be argued in either way . One could argue that is a
change in the relative requirements , but you could also argue there
is had not been an accompanying change in zoning . While the
Comprehensive Plan is an indication of the direction the Town
wishes , until_ the zoning itself is changed it would not be
sufficient motivation . It is somewhat ambiguous , deliberately so .
Councilwoman Grigorov - All a developer would have to do is
resubmit the project and it would be approved again , and if the
developer cannot do that maybe it should not be approved anymore .
Attorney Barney - That is what this section is outlining . If a
developer could not get approval the second time , then they are not
entitled to an extension .
Councilman Niklas - If the Town Board does not like this time
limit , it should be changed now rather than waiting . The Town
Board should not make a recommendation to change - that time limit if
the Planning Board minutes where the argument was made regarding
the time limit .
TBM 3 / 13 / 95
Page 41 .
Councilwoman Harrison - How many subdivisions would be affected by
the enactment of this local law ?
Mr . Kanter - There are a few besides South Woods . There are some
if one lot is sold from the time of existence they would be exempt .
Councilman Niklas - There are some unfinished subdivisions which
have been around for forty years .
Attorney Barney - These subdivisions all have subdivision approval .
Councilman Niklas - The Auble property on South Hill is one of the
subdivisions which has only preliminary site plan. approval and
would be affected by this local law .
Supervisor Whitcomb - Under the local law preliminary approval is
eighteen months , and final site plan is three years , and final
subdivision would be ten years .
Councilman Klein - In the course of developing large projects ten
years is not that long depending on the economic cycle .
Councilwoman Valentino - When the scenarios and discussions of how
long projects can take were held at the COC meeting , it did not
seem that ten years seemed too long .
Supervisor Whitcomb - Existing subdivisions would have ten years
from the enactment of this local law .
Councilwoman Harrison - The Board wouldn ' t have to give the
existing subdivisions ten years from enactment , because they could
be given ten years from the final approval date .
Councilman Niklas - That is not the way this local law is written .
Attorney Barney - You would want to give existing subdivisions some
reasonable period from the time this local law is enacted because
when they received the final approval this time limit was not in
effect . The could be given a time limit other than ten years .
Councilwoman '.Harrison - Did the Planning Board look at how long and
how many subdivisions there are with final approval which have not
been finished ?
Mr . Kanter - It was determined to be three or four subdivisions
meeting that criteria .
Councilwoman Harrison - Could the Town Board be provided with the
number and dates of those subdivisions ?
TBM 3 / 13 / 95
Page 42 .
Councilman Niklas - There may have to be a different time frame
formula developed for each of them . _
Councilwoman Harrison - If there are only a few they could be
looked at individually .
Supervisor Whitcomb - They could be dealt with by allowing the time
limit to be ten years from the date of approval , or five years from
the date of the enactment of the local law whichever is greater .
Councilman Klein - Are the unfinished subdivisions with time frames
of over 40 years being included ?
Attorney Barney - Most of them like Kendall Avenue has had enough
lots sold . Once the infrastructure is built in a subdivision this
local law would not apply . This local law is to address those
unfinished subdivisions where it is on " paper " and no progress has
been made , including two lot subdivisions .
Presently in the subdivision regulations the Town Board has veto
power . The are actually adopted by the Planning Board subject to
the approval of the Town Board . The Town is not even setting a
public hearing on the subdivision period of time . There are three
pieces of legislation , two are local laws and the other is the
subdivision regulation amendment .
Mr . Kanter - The subdivision regulations will be heard by the
Planning Board at their March 21 , meeting .
Attorney Barney - At the Planning Board public hearing there may be
changes . The Town Board would not need to hold their own public
hearing on the subdivision regulations unless they wanted to .
Councilman Niklas - The advice of the Planning Board on the
subdivision regulations should be followed even on existing ones .
Councilwoman Grigorov - Agenda Item No . 25 , was discussed during
the case law seminar at the Association of Towns meeting . Does
this local law follow the new State law strongly enough ? The
seminar brought out that there has to be a strong nexus between the
park land , and the fees have to be justified with findings .
Councilman Niklas - Staff has done a superb in terms of looking at
the cross of properties and their zones . The evidentiary basis for
determining the fees is stronger than any documentation COC had
access to .
Attorney Barney - Agenda No . 25 , 2 ( b ) is parroting State law which
says that before the Town can require park land , whether in lieu of
fees or park land at all , the finding must be made that there is a
proper case exists in requiring other parks in areas of the Town .
TBM 3 / 13 / 95
Page 43 .
This section is extracted from the case law mentioned .
Councilwoman Grigorov - Is the burden of proof resting on the
municipality regarding this section ?
Attorney Barney - " Yes " .
Mr . Kanter - The other portion which is still missing is the parks
and open space plan update which will be ready soon . That is where
the need would be determined for park facilities .
Resolution No 53 - Public Hearing Date : Motion made by
Councilman Niklas , seconded by Councilwoman Valentino authorizing
and directing the Town Clerk to advertise for a public hearing to
be held at the regular meeting of the Town Board on April 10 , 1995 ,
at 6 : 30 p . m . , in order that the Town Board may consider enactment
of a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Resolution No . 54 - Public Hearing Date : Motion made by Councilman
Klein , seconded by Councilman Niklas authorizing and directing the
Town Clerk to advertise for a public hearing to be held at the
regular meeting of the Town Board on April 10 , 1995 , at 7 : 00 p . m . ,
in order that the Town Board may consider enactment of a , " LOCAL
LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE
RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda No . 26 :
Councilwoman Harrison - Are the fees in the agriculture district
based upon the amount the lots sell for in these areas ?
Mr . Kanter - It is based on an analysis of each of the zoning
districts by comparing actual sales . That is why the fees vary .
Councilman Niklas - These are the most recent sales .
Councilwoman Harrison - Was there consideration using the average
second dwelling addition in the particular zone in relation to the
local law which says if the number of the dwellings units cannot be
made it will be based on the number of approved building lots ?
TBM 3 / 13 / 95
Page 44 .
Attorney Barney - The Planning Board discussed that , and decided it
would not be possible unless a specific number could be arrived at
by using a fraction of percentages .
Councilwoman Harrison - It would be to someone advantage to say in
the local law that " cannot be readily ascertained " .
Attorney Barney - Except is would not be known when someone comes
in to pay the fee if they will be putting in an apartment ,
etcetera . If you apply an average , it may or may not apply to a
particular subdivision .
Councilwoman Harrison - What is the average rate of second
dwellings ?
Mr . Kanter - In R15 it would be 30 % . If there were a more specific
regulation of the second unit such as by accessory apartment
regulations by special permit , at that point the fee schedule could
be adjusted to have that apply to the second accessory unit when
that happened .
Councilwoman Harrison - The Town Board should remember to
reconsider that issue .
r Attorney Barney - The reason the way the law is presently drafted
rather than changing it is because when you collect the fee . Do
you collect it from the developer when they sell the lot , or is it
collected from the lot owner when they apply for a building permit .
If they are getting a building permit there would be a good idea of
whether there would be an apartment or not , but when the developer
sells the lot it may be sold of the vacant lot and the intention of
the buyer may not be to build . The Town would still want to get
the fee at the time the lot is sold .
Councilwoman - Done the other way , in an R15 zone on the average a
certain percentage would build a second dwelling , therefore the
assessment would be the number of building lots plus the
percentage .
This local law is anticipating being short by 30 % in terms of the
population that is building .
Attorney Barney - If the measurement is strictly dwelling units
that would be! correct . The Planning Board ' s reasoning was to
collect the money from the developer .
Councilwoman Harrison - The money could still be collected from the
developer , but: a percentage basis could be added related to the
expected number of second dwellings .
TBM 3 / 13 / 95
Page 45 .
Attorney Barney - The fee is also related to the value of the land
which is independent of the number of units on the land . If you
are going to sell forty lots in a subdivision , if one was for a
park , 39 would be sold . There is a rational basis for relating the
fee to the number of lots .
Councilwoman Harrison - Why does the local law include , " sums to be
established at the time of final approval even if the payment comes
later " ? It can only be assumed the monetary value will only go up .
If the developer has delays it would not be in the best interests
of the Town to have the developer pay what they would have paid a
long time ago .
Attorney Barney - That was included so the developer would have a
fair estimate of what the cost would be .
That is a choice of the Town Board . The other issue would be , is
it fair to a developer to bring in a subdivision and pay $ 1 , 000 per
unit for 40 units , have it follow the process and then when it
comes time to pay , the fee has gone up .
Councilwoman Harrison - With the ten years the cost of that could
have increased tremendously .
Attorney Barney - But the point is the Town would have had the land
if it had been taken , in lieu of .
Councilwoman Harrison - The land would have escalated in value .
What will determine when the Town collects the money ?
Attorney Barney - Building permits or sale of a lot .
Supervisor Whitcomb - The Board will revise the fee schedule to
keep up with the market .
Councilwoman Harrison - The revised fee schedule would not apply
according to the way the law is written .
Attorney Barney - The fee schedule would not apply to an approved
subdivision .
Mr . Kanter - .A developer wants to go into a project knowing what
their costs will be , and if there is a delay on how much the fee is
it would seem unfair . This local law will be extending out to the
multiple residence districts the ability to have park open space
set asides , which the Town has never had before .
Attorney Barney - A proviso can be made to address Councilwoman
Harrison ' s concerns , " the fee will that in effect if payment occurs
more than three years after final approval " .
TBM 3 / 13 / 95
Page 46 .
Councilwoman. Harrison - If you pay the fee within three years that
is the rate , if it is paid in four years the new rate would be in
effect .
The Board instructed Attorney Barney to revise the local law by
adding his suggested proviso .
Resolution No . 55 : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
advertise for a public hearing to be held at the regular meeting of
the Town Board on April 10 , 1995 , at 7 : 30 p . m . , in order that the
Town Board may consider enactment of a , " LOCAL LAW AMENDING LOCAL
LAW NO . 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . The proposed
local law shall include the amendments as discussed and agreed upon
by the Town Board .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional No . 1 - Attendance , NYS Wetland Forum :
Motion made by Councilwoman Harrison , seconded by Councilman Niklas
approving the= attendance of Janet Hawkes , Chairperson of the
Conservation Board and Candace Cornell , Associate Member of the
Conservation Board at the Wetlands ' 95 conference on April 6 and 7 ,
1995 , in Syracuse , New York , at a cost not to exceed $ 274 . 00 , which
includes registration and meals ( $ 160 . 00 ) , lodging ( $ 69 ) , and
mileage reimbursement ( approx . 120 miles @ $ . 30 = $ 45 . 00 ) , charged
to account B8020 . 407 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional No . 2 - Ithaca Area Wastewater Treatment
Plant Design flans :
Mr . Walker - The process of rating the capacity of the Ithaca Area
Wastewater Treatment - Plant is underway . There is a need for
modifications of the pumps , weir length , baffles , and tanks . An
additional 3 , 000 , 000 gallons per day capacity can be achieved by
implementing a contract with Stearns & Wheeler in the amount of
$ 48 , 000 to design the improvements . The improvements are expected
to cost about $ 500 , 000 .
I
OF I T�
TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
WIN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (h )
Participation Cornell CIVITAS Summer Work Study Program
Resolution No , 44 ( h )
WHEREAS , the Engineering and Planning Departments have budgeted funds to
cover the cost of student interns and have traditionally participated in Cornell
University summer work study programs to provide students with valuable work
experience while receiving technical support for Town staff ; and
WHEREAS , the CIVITAS Program provides student interns at a cost to the Town
of just 15 % to 25 `.% of the full employment expense for these students ; now therefore
be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve
participation in the Cornell University CIVITAS Summer Work Study Program for the
period May 1 , through August 31 , 1995 at a cost not to exceed $4 , 000 . 00 , charged to
account All 440 . 400 and a cost of $720 . 00 , transferred from account B8020 . 110 and
charged to account B8020 . 410 .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
4�y OF Ir `9
° TOWN OF ITHACA
4,� 21044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( i )
Appointment Part-Time Secretary
Resolution No , 44 ( i )
WHEREAS , the Town Board approved the addition of a part-time secretary to the
Personnel and Insurance Department and allocated monies in the 1995 budget to
cover this position ; and
WHEREAS , the Selection . Committee interviewed five candidates for this position
and feels Ms . Sandra Newton possesses the necessary skills and experience to
successfully perform the duties outlined ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Sandra
Newton as Part-Time Secretary to the Personnel Department for a standard twenty
(20) hour work week , at an hourly wage of $8 . 00 , charged to account A1430 . 100 ,
retroactive to February 22 , 1995 . Benefits are limited to the part-time status of this
position .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
i
�1y OF 1P
a TOWN OF ITHACA
21 44- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
�i o
OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (j )
1995 Purchase of Services Cooperation Agreement - City of Ithaca
Youth Recreation Services
Resolution No . 44 (j )
WHEREAS , the Town of Ithaca and the City of Ithaca wish to enter into an
agreement whereby the City of Ithaca shall provide Youth Recreation Services to the
residents of the Down of Ithaca , including the residents of the Village of Cayuga
Heights , for the year 1995 ; and
WHEREAS , the Town Board and the Attorney for the Town have reviewed and
discussed the Purchase of Services Cooperation Agreement as presented by the City
of Ithaca ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby approves the
conditions and terms of the Town of Ithaca/City of Ithaca Purchase of Services
Cooperation Agreement relating to Youth Recreation Services ; and be it further
RESOLVED , the Town Supervisor is hereby authorized and directed to execute
the said agreement on behalf of the Town of Ithaca .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
4ty OF 1P
TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (k)
Attendance Seminar - Highway/Parks Superintendent and Secretary
Resolution No . 44 ( k)
WHEREAS , Fred Noteboom , Highway/Parks Superintendent and Gail Kroll ,
Secretary are employed by the Town of Ithaca and would like to attend a one day
seminar titled , "The Basics of Writing Policies and Procedures " ; and
WHEREAS , part of the Highway and Parks Department work plan priorities include
upgrading the Department ' s policies and procedures ; and
WHEREAS , the said seminar costs $ 139 . 00 each and is scheduled to be in
Syracuse , New York on May 10 , 1995 ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the
attendance of Fred Noteboom and Gail Kroll to the above said seminar; and be it
further
RESOLVED , that the cost of attending the said seminar shall not exceed $300 . 00 ,
and shall be expended from the A5010 . 400 account .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
qty OF try
9 TOWN OF ITHACA
21 044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( I )
Conservation Board Appointment
Resolution No , 44 ( I )
WHEREAS , there exists a vacancy on the Town of Ithaca Conservation Board due
to the resignation of Candace Cornell ; and
WHEREAS , Loren Tauer , .211 Eastern Heights Drive , Ithaca has expressed an
interest in serving on the said Conservation Board ; and
WHEREAS , the Conservation Board recommended to the Town Board at their
March 2 , 1995 the appointment of Mr. Loren Tauer to fill the said vacancy ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Mr. Loren
Tauer to fulfill the unexpired term of Candace Cornell on the Town of Ithaca
Conservation Board for a term of office commencing immediately upon adoption of this
resolution through December 31 , 1996 ; and be it further
RESOLVED , the Town Clerk is hereby authorized and directed to send a letter, on
behalf of the Town Board , to Candace Cornell expressing their appreciation for her
dedicated service to the Town of Ithaca as a member of the Conservation Board ,
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
CLJ
Joan Lent Noteboom , Town Clerk
�Ty OF 1 ,%
° 9 TOWN OF ITHACA
21 126 EAST SENECA STREET , ITHACA , N . Y . 14850
, o
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 11
Town Justice' s 1994 Dockets
Resolution No . 45
WHEREAS , Town Justice , Merton Wallenbeck has presented the 1994 Dockets to
the Town Board as required by Town Law ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby accepts for filing by the
Town Clerk the 1994 Dockets of Town Justice , Merton Wallenbeck for the year 1994 ;
and be it further
RESOLVED , the members of the Town Board as required by law shall sign and
date the said dockets .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1p
ti 9 TOWN OF ITHACA
21 4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 12
Contract - Tompkins County, Operating Expenses
Transportation & Human Services
Resolution No . 46
WHEREAS , Tompkins County wishes to renew a contract with the Town of Ithaca
to assist the Town in partially covering its operating expenses for transportation and
human services ; and
WHEREAS , the Attorney for the Town and the Town Supervisor have reviewed the
proposed contract: and agree to the conditions and terms of payment in the said
contract with the exception of the indemnification provisions ; and
WHEREAS , the Attorney for the Town and the Town Supervisor have been
negotiating the removal of the said indemnification provisions with Tompkins County ;
and
WHEREAS , Tompkins County is unwilling to make the changes in the said
provisions desired by the Town ; and
WHEREAS , the Town of Ithaca , not withstanding such unwillingness , wishes to
have the agreement take place ; now therefore be it
RESOLVED , the Town Supervisor is hereby authorized and directed to execute
the said -contract with Tompkins County in form and substance satisfactory to the
Town Supervisor and Attorney for the Town ; and be it further
RESOLVED , the said contract shall provide for reimbursement to the Town of
Ithaca for transportation and human services for a total amount of approximately
$23 , 900 - 00 ,
MOVED : Councilman Niklas SECONDED : Councilman Klein
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995 U6,
Joarotent Noteboom , Town Clerk
OF 1 r
TOWN OF ITHACA
210�� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
SWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 13
Authorization to Receive Bids for New Rubber Tire Excavator
Resolution No . 47
WHEREAS , the Town of Ithaca Highway Department' s rubber tire excavator is
scheduled to be replaced this year ; and
WHEREAS , the money has been budgeted , the type of rubber tire excavator
needed has been researched and the specifications have been written ; now therefore
be it
RESOLVED , that on the recommendation of the Public Works Committee , the
specifications for the new rubber tire excavator be approved ; and be it further
RESOLVED , that the Town Clerk be authorized to advertise and receive bids for
the new rubber tire excavator.
MOVED : Councilwoman Valentino
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
1
Joan Lent Noteboom , Town Clerk
OF 1 T�
TOWN OF ITHACA
Z' 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
�4'# .j 0
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 14
Authorization to Bid the Judd Falls Road
Reconstruction Project
Resolution No . 48
WHEREAS , the Highway/Parks Superintendent has recommended that Judd Falls
Road between Tower Road and Forest Home Drive be reconstructed to improve
drainage and replace deteriorated pavement , and
WHEREAS , the Town Engineer has prepared Plans and Specifications and a
Construction Schedule for the reconstruction at the direction of the Town Board ; and
WHEREAS , Cornell University will participate in the project with respect to repairs
to the Pipe Arch through which the Plantations Road passes ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca authorizes the advertisement
for bid and the receipt of bids for the Reconstruction of Judd Falls Road .
MOVED : Councilman Conley
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1P
° a TOWN OF ITHACA
21 4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
&f';r 10
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 15
Approval of Payment - NYSDOT Utility Work Agreement
Resolution No . 49
WHEREAS , the replacement of bridges on Route 13 over Conrail , Cayuga Inlet
and Buttermilk Creek by the New York State Department of Transportation ( NYSDOT)
necessitated the adjustment of certain Town of Ithaca utility facilities ; and
WHEREAS , on November 10 , 1994 the Town Board of the Town of Ithaca
approved the Utility Work Agreement with the New York State Department of
Transportation ( NYSDOT) for completion of the water main betterment extension of
the Town of Ithaca 12 " water main opposite Sta . BF 9+50+/- , 34 ' Lt . +/- and crossing
route 13 at CL Sta . 131 +27+/- , at a cost to the Town of $42 , 000 . 00 as an extension of
the 1989 Inlet Valley Water Improvements ; and
WHEREAS , the NYSDOT has notified the Town of Ithaca its total estimated share
in the said contract is $52 , 099 . 60 including bid items and 15% for Engineer &
Contingencies ; and
WHEREAS , the Town Engineer has determined the additional contract amount of
$ 10 , 099 . 60 is justified and warranted ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve the
payment of $52 , 099 . 60 to the New York State Department of Audit & Control for the
completion of the water main betterment as described ; and be it further
RESOLVED , the cost of the said water main betterment in the amount of
$52 , 099 . 60 shall be expended from account H8340 . 2211
MOVED : Councilman Niklas SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF1P
a TOWN OF ITHACA
214- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
0¢
Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 16
Authorization for Town Supervisor
To Execute Maintenance Agreement With Tompkins County
Downstream Forest Home Bridge
Resolution No , 50
WHEREAS , Tompkins County is preparing plans and specifications to replace the
downstream Forest Home bridge ; and
WHEREAS , an agreement to clarify the maintenance responsibility for a bridge on
a Town owned road is necessary-; and
WHEREAS , a draft agreement has been prepared and a construction cost
estimate is pending from the County design consultant ; and
WHEREAS , the Town Board is willing to enter into an agreement with Tompkins
County for bridge maintenance assuming the costs are reasonable ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute a maintenance agreement for the downstream Forest Home
bridge , after consultation and recommendation from the Town Highway/Parks
Superintendent and the Town Engineer , and after review of the document by the
Attorney for the Town .
MOVED : Councilman Niklas
SECONDED : Councilman Klein
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1P
_ a TOWN OF ITHACA
�
21 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
SW &
N
CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273- 1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 22
Agreement Cornell University - Pipe Arch Judd Falls Road
Resolution No . 51
WHEREAS , the Town is preparing to resurface the portion of Judd Falls between
Tower Road and Forest Home Drive ; and
WHEREAS , Cornell University is preparing to make repairs to their corrugated
metal pipe arch tunnel which carries the Cornell owned Plantations Road under Judd
Falls Road at the "Jug Handle " ; and
WHEREAS , it will be mutually beneficial to the Town and Cornell to have both
projects done under one contract , and both parties wish to cooperatively construct the
projects ; now therefore be it
RESOLVED , the Town Supervisor is hereby authorized and directed to enter into
a mutually beneficial agreement with Cornell University to cooperatively construct the
resurfacing of a portion of Judd Falls between Tower Road and Forest Home Drive ,
and to make repairs to the Cornell owned corrugated metal pipe arch tunnel under
Judd Falls Road at the "Jug Handle" , after consultation and review of the agreement
with the Attorney for the Town .
MOVED : Councilman Niklas
SECONDED : Councilwoman Grigorov
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 199�5¢ �
Joan Lent Noteboom , Town Clerk
OF I T�
° a TOWN OF ITHACA
21 �- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 23
Approval for Waiver of Review Fees
Cornell University GEIS and SLUD for Precinct 7
Resolution No . 52
WHEREAS , the Town of Ithaca Planning Board completed its review of the Cornell
University Generic: Environmental Impact Statement ( GEIS) for the proposed Precinct
7 Rezoning , and on June 7 , 1994 , recommended that the Town Board adopt the
proposed rezoning of Precinct 7 to a Special Land Use District ( SLUD ) ; and
WHEREAS , the Town Board on November 10 , 1994 , established a committee to
study the Planning Board ' s findings and recommended SLUD ; and
WHEREAS , it is anticipated that the committee will present its report and
recommendations to the Town Board in the near future ; and
WHEREAS , an analysis of the development review escrow account for Cornell
indicates that expenses exceeded deposits by $ 111 . 87 dating back to 1991 ; and
WHEREAS , Local Law No . 10 of 1994 , Section 2 (8) includes provisions for the
Town Board to waive review fees for good cause shown , and such cause may include ,
but is not limited to, an extreme hardship to the applicant in paying for all or a portion
of the review fees , the benefit to the general community that would be provided by the
proposed project , or other unique or special circumstances which would warrant , in the
judgement of the Town Board , such a waiver ; and
WHEREAS , this project has been a cooperative venture between Cornell
University and the Town of Ithaca ; and
WHEREAS , the project is close to completion and it would be desirable to close
out the development review account for this project ; now therefore be it
RESOLVED , that the Town Board of the Town of . Ithaca does hereby approve the
waiver of the $ 111 . 87 in review fees exceeding previous deposits relating to the
Cornell University Precinct 7 GEIS/SLUD account ; and be it further
w
Res . No . 52 - 3/ 13/95
Page 2 .
RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the
waiver of any additional review fees associated with the Town Board ' s review of the
Cornell University Precinct 7 GEIS/SLUD , and be it further
RESOLVED , that the budget account established for such purpose ' be closed .
MOVED : Councilman Klein
SECONDED : Councilwoman Grigorov
Supervisor Whitcomb , aye ; Councilwoman Valentino , nay ; Councilman Niklas , nay ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Motion carried .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
qty OF 1 T�
° a TOWN OF ITHACA
21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
4, ,� o
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 24
Public Hearing Date - Amendment Zoning Ordinance
Expiration of Preliminary Site Plan Approval
Resolution No . 53
BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to
advertise for a public hearing to be held at the regular meeting of the Town Board on
April 10 , 1995 , at 6 : 30 p . m . , in order that the Town Board may consider enactment of ,
a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL" .
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
qty OF 1P
° _ 9 TOWN OF ITHACA
21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 _
Town Board Meeting 3/ 13/95
Agenda Item No . 25
Public Hearing Date - Amendment Zoning Ordinance
Open Space Reservations in Multiple Residence Districts
Resolution No , 54
BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise
for a public hearing to be held at the regular meeting of the Town Board , On April 10 ,
1995 , at 7: 00 p. ml , so that the Town Board may consider enactment of , a " LOCAL
LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN
SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
�1y OF 1P
° TOWN OF ITHACA
� 21 o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273 - 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 26
Public Hearing Date - Amendment Local Law # 10/ 1994
Establishment of Payments In Lieu of Open Space Reservations
All Residential Districts
Resolution No . 55
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 April 10 ,
1995 , at 7: 30 p . m . , in order that the Town Board may consider enactment of , a
" LOCAL LAW AMENDING LOCAL LAW NO . 10/ 1994 , ESTABLISHING AMOUNTS TO
BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL
DISTRICTS " , and be it further
RESOLVED , the proposed Local Law shall include the amendments as discussed
and agreed upon by the Town Board .
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
ILr�
Joan Lent Noteboom , Town Clerk
�1y OF 1p
° a TOWN OF ITHACA
o¢4 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No , 27
Town Hall - Facility Needs Evaluation
Resolution No . 56
WHEREAS , Hoffman O ' Brien Look Taube & Chaing , P . C . ( HOLT) , have completed
the Town Hall Facility Needs Evaluation to be used in the search for a new Town Hall ;
and
WHEREAS , the Town Board has reviewed and discussed the said Facility Needs
Evaluation with Mr. Doug Look , HOLT and staff; now therefore be it
RESOLVED , the Town Clerk is hereby authorized and directed to file the said
Facility Needs Evaluation to be used as a reference tool in the search for a new Town
Hall .
MOVED : Councilman Klein
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Q,, ju
Joan Lent Noteboom , Town Clerk
�Ty OF 1P
&° 9 TOWN OF ITHACA
� 21 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273- 1783
Town 6oa �d'aee ng 3/ 13/95
Agenda Item Additional No . 1
Approval Attendance New York State Wetland Forum " Wetlands ' 95 "
Resolution No . 57
WHEREAS , attendance at conferences on environmental issues has proven to be
a valuable educational experience for the Town ' s Conservation Board members ; and
WHEREAS , the Town of Ithaca " Wetland Guidelines " report places a high priority
on preserving and protecting the Town ' s wetlands ; and
WHEREAS , The New York State Wetlands Forum Inc . , in cooperation with Cornell
Cooperative Extension , NYS Department of Environmental Conservation , Syracuse
University , the New York Power Pool and USDA - Natural Resources Conservation
Service is holding a conference on "Wetlands ' 95 " on April 6 and 7 , 1995 at the Hotel
Syracuse in Syracuse , New York ; and
WHEREAS , the purpose of this conference is to discuss concerns and issues
pertaining to wetlands in New York State ; and
WHEREAS , it will be beneficial to the Town to send members of its Conservation
Board to this conference ; and
WHEREAS , the current Conservation Board budget includes sufficient funds for
this purpose ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the
attendance of Janet Hawkes , Chairperson of the Conservation Board and Candace
Cornell , Associate Member of the Conservation Board at the Wetlands ' 95 conference
on April 6 and 7 , 1995 , in Syracuse , New York , at a cost not to exceed $274 . 00 ,
which includes registration and meals ($ 160 . 00) , lodging ( $69) , and mileage
reimbursement (approx . 120 miles @ $ . 30 = $45 . 00 ) , charged to account 68020 . 407 .
MOVED : Councilwoman Harrison SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein ;, aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 133 1995 L� X,c> rr�
JO0 Lent Noteboom ; Town Clerk
OF 1P
9 TOWN OF ITHACA
,p� 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Jp Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item Additional No , 2
Design Plans Ithaca Area Wastewater Treatment Plant
Resolution No . 58
WHEREAS , the Sewer Joint Subcommittee is proposing to construct mid -tank
baffle walls and install additional weir length in the final settling tanks of the Ithaca
Area Wastewater Treatment Plant ; and
WHEREAS , the Town Board has reviewed and discussed the construction plans
for the said project with the Town Engineer ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and directs
the Sewer Joint Subcommittee to proceed with the design plans for the said
construction at the Ithaca Waste Water Treatment Plant .
MOVED : Councilman Conley
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
CL ti �� �VYN�
Joan Lent Noteboom , Town Clerk
i
OF 1 T�
° 9 TOWN OF ITHACA
21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
o
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273- 1783
FAX (607) 273 - 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . Additional #3
Master Water Metering Project With SCLIWC
Resolution No , 59
WHEREAS , the intermunicipal agreement forming the Southern Cayuga Lake
Intermunicipal Water Commission includes the provision that all connections to
individual municipalities to the Transmission Main may be master metered at the
Commission ' s option ; and
WHEREAS , the SCLIWC has determined that Master Metering of connections to
the Transmission Main be implemented ; and
WHEREAS , the SCLIWC has budgeted for its portion of the master metering , and
has recommended that the member municipalities agree to fund a portion of this work
and agree to work in cooperation with the commission ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby agrees to participate in
the master metering project , and authorizes the Town Engineer to provide technical
and administrative engineering assistance to the Commission , the cost of which shall
be allocated according to the terms of the intermunicipal agreement ; and be it further
RESOLVED , the Town Board of the Town of Ithaca will consider funding of the
portion of the project benefitting the Town after engineering plans , specifications and
cost estimates have been completed and provided to the Town Board for review .
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
�1y OF 1p
° a TOWN OF ITHACA
21 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273 - 1704
Town Board Meeting 3/ 13/95
Agenda Item Additional No . 4
Appointment Zoning Board of Appeals
Resolution No . 60
BE IT RESOLVED , the Town Board of the Town of Ithaca hereby renews the
appointment of Edward Austen , 255 DuBois Road , Ithaca , New York to the Zoning
Board of Appeals for a five year term ending December 31 , 1999 ,
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously .
DATED : March 1 1995
Joan Lent Noteboom , Town Clerk
Item 3a
SUPERVISpW.S REPQRT Mamh 1 1995
Locals Government Leaders meeting- discussed Impact of the
Governor's 33 % cut in the SUNY budget and the impact on educational
activities , student aid, research etc. The situation is bleak. Cornell
is still intere:sted in providing a site for a new Town Hall on East
Hill if a location can be found that is "mutually beneficial . "
Recreation partnership kickoff meeting was a huge success . All
Towns are participating with the exception of Groton and Newfield .
Federal and State transportation funding may be reduced. This could
have an impact on the local MPO transportation improvement plan .
The County is continuing to discuss moving certain agencies from
Biggs A to downtown and sharing a building with the Town . At the
present , the County 's plans are so tentative that their timetable
will probably lag behind ours by several years . The County is also
discussing " consolidating services " with the Towns . They are
considering transferring bridges and some road maintenance. (Where
is the funding ? )
Personnel issues - After waiting more than 2 years , we have finally
received the draft job classifications from Tompkins County Civil
Service. Some of our positions have changed over time and others
seem to be mis-classified. Over the next several weeks , we will be
working with the County to resolve these differences and mutually
establish a timetable and action plan .
Association of Towns Meeting - Highlights were the keynote
addresses by Gov. Pataki, Senator D Amato, Attorney General Vacco
and Controller McCall . I returned with new information about capital
budgeting , audit services , employee incentives , and local government
internet services . I would like the Board 's permission to load certain
public information such as a directory of Town officials and
committees , the newsletter, and pending local laws on the local
" Ithaca Net . "
/offlin C.P Lpi
Town Engineer ' s Report for 3 / 13 / 95
Town Board Meeting
DEVELOPMENT REVIEW
The Engineering Staff has been reviewing compliance on the
following projects that have received Planning Board approval and
are under construction :
Saponi Meadows Subdivision , Seven Mile Drive
The first: phase water and sewer mains have been installed and
receipt of test results and as built drawings is pending .
Work on the road will resume when weather permits .
Sanctuary Woods Subdivision , Sapsucker Woods Road
Record drawings and engineering certification by the
developers engineer are required prior to recommendation of
acceptance of utilities . The road bed has been cleared and
stripped of topsoil and actual construction of the road will
start when the weather conditions permit . No portion of the
road has received approval be the Town Engineer or Highway
Superintendent .
WATER & SEWER
The Westh.aven Road and Mecklenberg Road sewer extension is
substantially complete . The flow monitoring station has been
installed except for the instrumentation . Site restoration
will be completed in the spring .
The Troy Road and Coddington Road water extension project is
substantially complete . As built drawings and test
certifications have been submitted to the Tompkins County
Department: of Health for final approval . Final restoration
will be completed in the spring .
The Town Engineer has continued to work with the City DPW on
a plan for improving the sewage transmission capacity that is
jointly used . The Joint Sewer agreement is under revision by
a sub - committee of the SJS regarding plant capacity and
transmission sewer improvements and maintenance
responsibility . One component of an improved sewer system is
expected to be incorporated in the NYSDOT project for
improvements on the Octopus . Final plans are not complete and
I will report to the Town Board as soon as plans and cost
estimates are available .
PEREGRINE HOLLOW SEWER DISTRICT
The Town Engineer has begun an evaluation of the Slaterville
Road sewer- system to determine available capacity and
improvements needed for the proposed Dryden sewer district .
Town Engineers Report 2 / 13 / 95 2
This information will be used in the preparation of an
agreement to allow the Town of Dryden to transport sewage
through Town of Ithaca sewer lines . My recommendation will be
to have the costs of improvements required for the Dryden
usage paid for by Dryden and a maintenance surcharge to Dryden
will also be set up . At the present time the extension of
service to Peregrine Hollow has not been approved by the SJS
and I do not believe that the sewer district has state
approval ,. Dryden will be requesting a purchase of additional
capacity in the IAWWTP for this sewer expansion .
FACILITIES
The Town Engineer has continued to work with the Town Clerk ,
the Highway Superintendent and the Parks Manager on a
facilities improvement plan , which includes the Town Hall
facilities and the Highway and Parks department needs .
The Town Hall space analysis is proceeding and several
Possible sites have received preliminary staff evaluation ,
with a summary prepared for the Town Board .
C : \ MEMOS \ EP.PT9502 . REP
Agenda Item 4c
HIGHWAY SUPERINTENDENT ' S BOARD REPORT , FEBRUARY 1995
TOWN OF ITHACA TOWN BOARD MEETING , MARCH 13 1995
A tort is any wrongful act , not involving breach of contract , for
which a civil suit can be brought . The Town of Ithaca ' s tort
liability can come from the fact that a person ( or his estate ) has
been hurt within the Town of Ithaca ' s properties . They then have
the right to seek compensation or damages resulting from a wrongful
act in which another individual ( or municipality ) is responsible
for .
The recent accident on Route 13 in which the Town of Ithaca was
named as a co - defendant , is an example of our exposure to tort
liability .
The trend over the years has been for people , including drivers , to
not take responsibilities for their unsafe acts . We , as a
government agency , are being held responsible for our actions ( and
theirs ) . As an example : A car is clearly traveling to fast for
cor�ditior� s and as a result they have an accident . Thus , they can
bring suit against us if they feel that the signage was improper ,
the road design was inadequate , or an obstruction was to close to
the road way .
The number of tort suits against transportation agencies for
alleged dangerous conditions and defects on highway and streets is
increasing rapidly . In the past , government agencies were immune
from such suits but we no longer have such immunities .
In summary , the growth in the number of tort liability suits , plus
the large dollar amount of these suits , is forcing us to focus on
areas where we may have liability exposure . It gives us cause to
consider what we can and cannot afford in the area of safety
improvements and features . A risk management approach to our
rights - of - way seems to be the order of the day .
ghk
Agenda Item 4c
PARK AND OPEN SPACE MANAGER ' S REPORT
14 Snow removal required 84 hours during a colder . than normal
February . Using park ' s plow truck to do dead - ends continued
to be effective and cost efficient .
2 . The additional hand railing was installed at Town Hall ' s
wheelchair ramp , taking 28 hours .
3 . Various workshop projects , totalling 87 hours , filled in our
time as ground conditions precluded accomplishing work in the
field . Items included : A map holder for large - format maps
stored in various placed in the Highway and Parks Department ;
weatherproof boxes for South Hill Trail guide maps to be
installed at main entrances ; and components were cut to build
forty additional bluebird nesting boxes .
4 . Routine maintenance tasks and seminars on paving techniques
and storm water management completed the balance of our
efforts for the month , totalling 255 hours .
March Parks .Projects :
1 . Repair driveways at Troy Road and Coddington Road pump
stations .
2 . Monitor drainage problem areas during spring run - off .
3 . Install new bluebird nesting boxes and complete annual
maintenance to boxes in field locations .
4 . Continue brush cutting at bikeway locations .
5 . Begin spring clean - ups at park and trail sites .
6 . Begin site work at new storage barn property .
ghk
Agenda Item 4c
ACTING HIGHWAY CREW SUPERVISOR ' S REPORT
1 . During February the Highway crew worked 731 . 25 hours on snow
removal . Of those hours , 399 . 75 were over time hours . In
February , the West Hill and South Hill Fire Stations were
plowed two times apiece . They were salted 11 times .
2 . Although February was colder and snowier than January , the
Highway crews found time to work 764 . 5 hours on General Repair
work . Some of the projects worked on were : Sandblasted and
painted a truck , worked on rebuilding a shoulder machine so it
will hook up to the Town ' s loader , and worked around Highway
Facility on repairs .
3 . Several dead trees were removed from Renwick Drive and Wycoff
Road , along with other brush along Town highways took 84 hours
of time this month .
4 . Machinery repairs and maintenance took 142 . 5 hours , with 1 . 5
of those hours as over time .
5 . During February the Highway crew worked 44 hours clearing
brush from the sewer line in back of the Tompkins Community
Hospital , 27 hours working on water maintenance , and 8 hours
on inventorying the Town ' s street signs .
March Projects
1 . Snow removal , as necessary .
2 . Ditching , as time permits .
3 . Continue clearing brush around water tank .
ghk
C (OPY
Agenda Item #4d
Town Planner' s Report for March 13 , 1995 Town Board Meeting
DEVELOPMENT REVIEW
Planning staff has been working on the following projects under Planning Board
review jurisdiction :
First Residents Group at EcoVillage, Mecklenburg Road
The First Residents' Group is scheduled to appear before the Planning Board at
the March 7, 1995 meeting to begin discussions on preliminary subdivision and
site plan approval .
Ithacare Senior Living Community, Danby Road
The applicant is nearing completion of a draft EIS . Staff met with the
applicant to provide feedback on sections of the EIS.
Subdivision Sunset Provisions
The Planning Board invited developers to the February 28, 1995 meeting to
continue discussion on the proposed amendment to the Subdivision
Regulations regarding the extinguishment of approved subdivisions (see
Current Planning Department Projects " for further details on status ) .
Wal -Mart DEIS, City of Ithaca
Staff reviewed DEIS and met with Environmental Review Committee to
discuss concerns . Staff presented report to Planning Board at February 28th
meeting . Based on discussion with Planning Board, a comment letter to the
City of Ithaca was revised and signed by the Chair of the Planning Board and
sent to the City. Comments focused on possible impacts on the Town of
Ithaca, including visual impact and land use compatibility, traffic, urban runoff
and pollution; flooding, wildlife habitats, parking, and landscaping. A copy of
the comment .letter is attached to this report for the Town Board' s information.
ZONING BOARD SEAR REVIEWS
Staff completed the following SEQR reviews for the Zoning Board :
Zetta Ruff Sprol, 1031 Hanshaw Road - Variance to permit the continued
operation of a Bed and Breakfast known as The Hound and Hare with a
maximum of 4 lodgers to be located in a single -family residence in Residence
District R- 15 .
Susan and Harold Mix, 805 Mitchell Street - Authorization to renovate a non-
conforming business (Mix Trucking) in Residence District R-9 . Renovation
involves an existing building and does not include enlarging the business
operation .
Ronald Schassburger, 798 Elm Street Extension - Height variance to construct a
single-family residence with a building height of 33 + / - feet in Residence
District R-30 , where a maximum height of 30 feet is permitted . Site is located
in Coy Glen Critical Environmental Area (CEA ) .
Nancy Given, 274 Hayts Road - Variance to subdivide property and maintain
existing kennel and single- family residence on property that does not have
frontage on a public road . A 60 foot wide easement provides access to the
property .
Patricia Clasen , 1212 Trumansburg Road - Sign variance to permit a free -
standing sign with a total sign area of 16 . 5 sq . ft . (maximum 4 sq . ft. permitted
in residential districts ), in association with Classen Home Health Associates
administrative offices .
CURRENT PLANNING DEPARTMENT PROJECTS
Planning Department staff is working on the following projects :
Environmental Atlas : Geri Tierney, recent graduate from Cornell Natural Resources
Dept. , began as a temporary Planning Intern in February, and has initiated work on
the Environmental Atlas . Preliminary work includes resource and information
collection and contact with other agencies . Also involves putting together a survey to
determine potential user needs to help design the project.
Conservation District:_: Revised draft has been prepared and discussed by Planning
Committee, and sent to Town Attorney for preliminary comments . Staff prepared
analysis of large parcels in the Six Mile Creek area to assess ownership, current land
use and zoning, and development potential . A proposed boundary for a
Conservation District in the Six Mile Creek valley has been identified . A meeting
with area residents and other interested citizens will be scheduled to obtain input on
the proposal ( tentatively planned for April 24th) .
Fees in Lieu of Parkland : Codes and Ordinances Committee has completed a revised
draft proposal and ha.s forwarded it to the Planning Board and Town Board for
consideration .
2
Sunset Provisions for Subdivision Approvals : The Planning Board held a follow-up
discussion with builders / developers at the February 28th meeting . Based on
comments received, a revised draft has been prepared, and forwarded to the
Planning Board and Town Board for consideration .
Sunset Provision for Preliminary Site Plans : At the request of the Town Board, Codes
and Ordinances has drafted a proposed amendment to the Zoning Ordinance to
provide for expiration of preliminary site plans if a final plan has not been submitted
to the Planning Board within 18 months from the date of preliminary approval . This
would be at the Planning Board' s discretion, not automatic.
Analysis of MR , Commercial , Industrial and Special Land Use Districts : At the
request of the Town Board, the Codes and Ordinances Committee has begun an
analysis of the above -referenced zoning districts where no development has occurred .
Specific parcels are in the process of being identified with relevant information on
ownership, acreage, development potential , surrounding zoning, etc. The purpose of
the analysis will be to identify whether rezonings of any of those properties would be
appropriate .
Ithaca -Tompkins County Transportation Council ( ITCTC ) : Staff participated in a
consultant selection committee for the county- wide trail / corridor study that is
scheduled to begin later this year . Also participated in Route 96 / Octopus Project
Mitigation Committee meeting, which included discussions on detouring of traffic
during construction, the need for dissemination of information to the public on status
of construction, anticipated traffic delays, etc. , coordination between various agencies,
the role of public transit and park- and-ride lots, and other possible mitigation
measures .
Parks , Recreation and Open Space Plan Update : Staff continues to meet with the
Parks and Greenway . Comm ittee of the Conservation Board on this project. Four
chapters, "Goals and Objectives ", "Inventory ", "Analysis " and "Recommendations "
have been completed in draft and circulated to the Parks and Greenway Committee
for comment. One :remaining chapter on financial considerations and proposed
capital improvement plan is underway, and should be completed soon . Also will be
working on revisions to earlier chapters .
Cornell GEIS / SLUR: Staff has assisted the special Town Board committee in
reviewing the GEIS Findings and proposed Special Land Use District (SLUD) for
Cornell's Precinct 7. Committee has met twice with representatives from Cornell to
discuss possible revisions to SLUD . April 10th is still possible date to bring
consideration of adoption of SLUD back to Town Board, although May is more likely.
Cayuga Lake Waterfront Planning: Staff reviewed grant proposal prepared by
Tompkins County to conduct strategic plan for enhancements to the southern end of
the Cayuga Lake Waterfront, and provided suggested revisions to the County,
focusing on the need to look at alternatives for public access . Comments were
3
incorporated into grant proposal by County .
Affordable Housing Proposal , DeHarder Investment Corp . : DeHarder has prepared
concept plans for two affordable housing projects in the Town of Ithaca . Plans were
just received by the Town, along with information on the two project proposals and a
market analysis on the need for this type of housing. Both projects involve rental
housing for low income families using New York State's Low Income Housing Tax
Credit program as a funding source (this requires that it be rental housing) . One site
is the Auble property on Danby Road, which is zoned MR Multiple Residence . The
other is the Rapon:i site on Coddington Road, which is zoned Residence R- 15 .
DeHarder is scheduled to appear before the Town Board at the March 13th meeting
to describe the projects and to request support from the Town Board .
Inlet Valley Parkland : A meeting has been scheduled for March 16th between Town
and City officials to discuss possible acquisition of parcels that had been previously
advertised for auction by the County.
NYS Association of Towns Conference : Town Planner attended conference in New
York City with other Town of Ithaca officials . Attended numerous courses, including
Zoning for Megastores ( e . g . , Wal-Mart); Manufactured Housing as an affordable
housing option (including planning and zoning aspects ); GIS applications ( a very
basic, introductory session on capabilities of GIS ); the Comprehensive Plan ( including
a review of the recent amendment in the State legislation ); Higher Levels of
Government overriding local government zoning / land use regulations; Zoning in the
Adirondack Park; a Case Law Update on recent court decisions affecting planning
and zoning; and a discussion on the State Environmental Quality Review Act ( SEQR) .
Overall , the sessions were informative, and the conference provided an excellent
opportunity for discussing issues with other local government officials and for some
informal get togethers with our own entourage .
Tompkins County Airport Master Plan Update : Town Planner attended " kick- off '
meeting of Tompkins County Airport Technical Advisory Committee, to which
representatives of the Local Government / Land Use Committee and EMC Airport
Committee had been invited (Town Planner was appointed to Land Use Comm . by
Town Board ) . Discussion focused on the County' s anticipated process for updating
the Airport Master Plan . The role of the Local Government Committee will be to
assess land use compatibility around the Airport, look at socio- economic impacts,
suggest enhancements to ground access, and provide recommendations for future
land use around the Airport. The first meeting of the Local Government Committee
is scheduled for March 9, 1995 ,
Filename: 1 staff \ion \ tpreprnar.mem
4
of IT FINAL
_ � TOWN OF I
THACA
4•� 2104 126 EAST SENECA STREET , ITHACA , N . Y . 14850 C (OP
Y
N CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273 - 1704
March 7 , 1995
Mr. David Kay
Planning and Development Board
City of Ithaca
108 East Green Street
Ithaca , New York 14850
RE : Wal - Mart Draft Environmental Impact Statement
Dear Mr. Kay :
The Town of Ithaca Planning Board , at a meeting on February 28 , 1995 , heard a staff
report , which was done in conjunction with members of the Town of Ithaca Environmental
Review Committee , on the Draft Environmental Impact Statement currently under review by
the Planning and Development Board . Comments on the DEIS are limited to those issues
which , in the Planning Board ' s opinion , will have an impact on the Town of Ithaca .
Consideration of the Town of Ithaca ' s Comprehensive Plan was not addressed in the
DEIS . Tile Town would like to see this included in Section 1 . 2 , Location: and Character of
Project Area . This issue is of concern since the Project Limit Line is very near the Town
Line on three sides and will be visible from Town land on the surrounding hills . The project
site is also located at a primary entrance of the Town and thus should give some
consideration to this function . An increase in the planting area along Elmira Road would help
to mitigate the feeling of conunercialism as vehicles enter/exit the Town/City at this point.
In the Town of .Ithaca ' s Comprehensive Plan , the lands surrounding the project site are
designated conservation/open space, recreational land and land zoned Resident District R-30.
Additionally, in the Town of Ithaca ' s 1984 Update of their Comprehensive Parks and Open
Space Plan , a 20+/- acre park is proposed for the land north of the project site on the .west
bank of the Inlet. Views of the project site from the surrounding Town lands were assessed.
Given the magnitude of this project, this - view assessment, in conjunction with Figure 15 of
the DEIS labeled Landscaping and Lighting Plan , raised concerns about the minimal amount
of landscaping that is proposed throughout the project site.
It is of particular__ concern to the Planning Board that the views from adjacent Town
lands were not adequately discussed in the DEIS . The Board feels strongly that the view
shed does not end at the City/ Town line and that this issue should have been addressed.
Mr. David Kay
Re: Wal -Mart DEIS
Page 2
From the Landscaping Plan it appears that 25 Thuga Occidentalis (American
Arborvitae) and 11 Populus Alba (White Poplar) are proposed to form a buffer between the
project area and the proposed park lands to the north . Virtually no planting is proposed on the
western edge because the paving extends to the required setback line . There is existing
vegetation which will aid in the creation of a buffer but , in the Town ' s opinion , additional
plantings using species indigenous to this area , (as indicated in the DEIS ) possibly in
combination with berms or other landscape elements , should be considered to the north and
west so that effective visual buffers will be created . This may also help to mitigate noise
from the proposed project to surrounding areas .
Regarding the issue of parking , it is the Town Planning Board ' s opinion that an
excessive arnount of parking and resulting paved area is being proposed by Wal - Mart . In
accordance with the City of Ithaca Zoning Ordinance , Municipal Code 30 . 37 , No . 4 , Parking
Space Requirements for a Retail Store , Neighborhood Commercial Facility , 1 parking space is
required for 500 gross square feet of floor area . According to the DEIS , the proposed
building , including the expansion , totals 155 , 966 square feet . Given the City requirements , a
minimum of 312 parking spaces is required as opposed to the 890 spaces proposed . This is
a difference of 47 , 880 +/- sq . ft . of asphalt or 1 . 1 acres , not including the subsequent
reduction in maneuvering space and interior roadway . Using a more conservative standard ,
such as 4 parking spaces per 1 , 000 sq . ft . of gross useable area , (or 1 parking space per 250
sq . ft. GLA ) , which is recommended by the Urban Land Institute for Neighborhood or
Co ►ninunity Shopping; Centers , would result in a significantly lower number of parking
spaces . In the case of Wal- Mart, such a standard would result in approximately 624 parking
spaces . Reduction in the amount of pavement will , among other things , reduce costs , lessen
the number of lighting; fixtures needed , reduce the visual impact , allow more area for
buffering and reduce the amount of storm water runoff.
The Town of Ithaca Planning Board would like to suggest that the initial number of
parking spaces be more in keeping with local and suggested standards to meet the market
demand for parking but not pave excessive areas if the demand does not exist. To this end ,
the adequacy of the parking could be monitored, and if additional parking is required , it could
be added at a future tirne. (Areas for future parking should be shown on the Site Plan should
this approach be taken by the City.)
It is the opinion of the Planning Board that the issue of urban runoff pollution ,
including petro-chemical runoff into Cayuga Inlet and subsequently into Cayuga Lake was not
adequately addressed in -the DEIS . The proposed stormwater management plan utilizing
vacuum sweeping and sumps in the drainage structures , does not satisfy this concern .
{
Mr. David Kay
Re : Wal-Mart DEIS
Page 3
It is stated in the DEIS that runoff from the entrance drive and the bus loop will be
discharged directly into the existing wetlands to the east edge. This , in addition to the surface
water runoff from the parking lot, and the removal of 14 . 8 acres of wildlife habitat, may
negatively impact the aquatic and terrestrial ecosystems on or near this site. The Planning
Board would like to see this issue studied more extensively and additional mitigation
measures proposed .
Additionally , the Town of Ithaca Planning Board would like to see a greater density of
interior plantings throughout the parking lot . From Figure 15 , Landscaping and Lighting
Plan , it appears that for a parking lot that is able to park 831 cars , with associated paved
roads and maneuvering space , (approximately 11 acres of pavement) 13 trees are proposed for
the interior of the lot . The view of this large expanse of asphalt can be greatly improved
with the addition of plant materials . Thirteen trees , having a crown coverage at maturity of
approximately 50 square feet each , will not , in the Town ' s opinion , have a sufficient effect oil
softening the view of this lot from the surrounding hillsides .
The Town appreciates the consideration given to the lighting fixtures . Cutoff fixtures ,
as. proposed , are preferred for controlling light trespass onto adjacent properties and for
viewing from surrounding lands . Nonetheless , the " standard fixture mounting height of 42
ft . " as proposed in Appendix I of the DEIS , seems excessive and out of character with other
light mounting heights in this area . The Planning Board is aware of the cost savings to the
developer by having high mounted lights so that fewer lights are needed . However, lowering
the height of the fixtures is recommended to bring the parking lot down to a more human
scale and to lessen the impact of the lights on the surrounding areas .
In reviewing traffic information submitted in the DEIS , we note that there is no
mention of the effects of the proposed project in the Town of Ithaca, and particularly at the
intersections of Seven Mile Drive and Elmira Road , and Sandbank Road and Elmira Road .
Drivers attempting left turns onto Elmira Road from either of these two roads consistently
experience unsatisfactory delays . A traffic study conducted in 1991 determined that the
service level for traffic exiting Seven Mile Drive onto Elmira Road was at an unsatisfactory
level of service. This intersection currently serves the Town of Ithaca Highway Department
headquarters .
While normally a low-volume road , Sandbank Road is the access for the playing field
at Buttermilk Falls State Park . Traffic generated by these playing fields during the summer
already experiences unsatisfactory delays in exiting onto Elmira Road , and can be expected to
see further delays as a result of the proposed store. The Town would like to see this issue,
and the potential impact of the project on the Seven Mile Drive intersection addressed.
i
Mr. David Kay
Re : Wal- Mart DEIS
Page 4
According to information from the New York State Department of Transportation , the
intersection of Five Mile Drive and Elmira Road will be signalized as part of the Alt. 1 -A
Rte . 13 Bridge Replacement Project. Additional traffic impacts from the proposed project in
the Town of Ithaca and indications of who will cover the costs of mitigation for those impacts
(through signalization , signage, road improvements , etc . ) should be specified .
The proposed project, as stated in the DEIS , is located in a floodplain that crosses the
City/Town line . There is concern by the Town that filling in the floodplain as proposed
(60 ,000 Cubic Yards of fill will be imported for the building pad) will cause some flooding to
occur upstream in the Town . The Town is aware that this issue has been addressed in the
DEIS and that the design is in accordance with FEMA guidelines and would like to be
notified if this information is changed in any way .
Finally , in the Stage 1 Cultural Resource Survey Report (Appendix G) the Wal - Mart
site is described as being located in the Town of Ithaca , 11 1 . . just south of the City of Ithaca
limits . " This minor typographical error should be corrected .
On behalf of t}le 'Town of Ithaca Planning Board , I would like to thank you for the
opportunity to comment on the DEIS for the Wal- Mart Department Store . Given the
proximity of the proposed project to the Town of Ithaca , in the spirit of intermunicipal
cooperation , the Town of Ithaca Planning Board would appreciate the opportunity to review
and comment on the Wal - Mart site design as the Site Plan Review process progresses .
Very truly yours ,
Stephen D . Smith , Chair
Town of Ithaca Planning Board
I
TOWN OF ITHACA
REPORT OF BUELDING PERMITS ISSUED
FOR THE MONTH OF FEBRUARY 1995
YEAR TO DATE
TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # OF PERMITS AMOUNT
SINGLE FAMILY ATTACHED 1995 0 0 0 0
RESIDENCES 1994 0 0 0 0
SINGLE FAMILY DETACHED 1995 1 1499000 4 355,000
RESIDENCES 1994 1 1007000 1 100,000
1995 0 0 0 0
TWO FAMILY RESIDENCES 199410 0 0 0
1995] 0 0 3 38,100
RENOVATIONS 1994 3 767472 5 111,021
1995 1 28.364 1 28,364
CONVERSIONS OF USE 1994 0 0 0 0
1995 2 44,500 3 58,500
ADDITIONS TO FOOTPRINT 1994 . 1 11,000 2 277000
1995 0 0 0 0
:MULTIPLE RESIDENCES 1994 0 0 0 0
1995 0 0 0 0
BUSINESS 1994 2 96,442 2 96,442
1995 0 0 0 0
CULTURAL Ir 1994 0 0 0 0
4
1995 0 0 0 0
INDUSTRIAL 1994 0 0 0 0
1995 2 Wilson Lab Renovatiow 19,000 3 2767596
EDUCATIONAL 1994 0 0 0 0
MISCELLANEOUS
1995 1 Demolish dt Repair Barn 4,800 4 38,300
CONSTRUCTION :1994 1 41000 2 169000
TOTAL NUMBER OF 3.995 7 245,664 18 794,860
PERMITS ISSUED 1.994 8 287,914 12 3509463
TOTAL FEES 1995 7 535 18 11865
RECEIVED 1994 8 670 12 850
Date Prepared: March 3, 1995
Dani L. Holford
Building ning Department Secretary
FEBRUARY 1995
TrA&AT CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH — 7
1. Burleigh Drive — install residential elevator.
2 n Bostwick Road — new single — family dwelling.
3. 975 Taughannock Boulevard — add new window to cellar space.
4. 110 Juniper Drive — music and laundry room in basement.
5. 111 Salem Drive — create basement apartment (fire code).
6. 638 Elmira Road (Machinist Union Local 1607) — eadsting lodge.
7. 226 Bundy Road — new single -- family dwelling.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1995 — 24
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1994 — 16
COMPLAINTS INVESTIGATED THIS MONTH — 5
1. 817 Mitchell Street — property :maintenance — abated.
2. 845 Taughannock Boulevard — building code — pending.
3. 145 Westview Lane — building code — pending.
4. Danby Road (Ithaca College ) — building code — pending.
5 . 201 Dates Drive — building code; — abated.
From January 1995 :
1. 1022 Danby Road — property maintenance — abated.
2. 522 East Shore Drive — property maintenance — pending.
3. 1022 Danbv Road, #7C — property maintenance & occupancy — pending.
4. 204 DuBois Road — building code — pending.
Fr= December 1994:
1. Honness Lane — building code, illegal apartment — pending.
2. Hayts Road — building code & subdivision — abated.
31 ,,49 Coddington Road — building code, illegal apartment — pending.
From November 1994:
1. Big Al's Hilltop Quikstop, 1103 Danby Road — sign violations — pending.
2. Various Cayuga Vista properties -- occupancy — pending.
3. 1212 Trumansburg Road — ZBA conditions violated and signage — pending.
From August 1994:
1 . 975 Taughannock Boulevard — oompancy — 7/31/95 deadline set by ZBA.
From May 1994:
1. 5 Sandra Place — building without building permit — pending.
From March 1994:
1. 132 Forest Home Drive building, code — pending.
From January 1994:
1. 614 Elmira Road — building code -- pending, state variance applied for.
From November 1993 :
1. 130 Simsbury Drive — building code — pending.
From February 1993 :
1 , 155 Poole Road — ZBA conditions violated — pending.
From June 1990:
1. sous Sapsucker Woods properties — occupancy — pending.
Fr a 1990:
I. Buttermilk Falls Road — building code — legal action being taken.
r .ALL COMPLAINTS INVESTIGATED YEAR TO DATE, 1995 — 15
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1994 — 15
TOTAL FIELD VISITS THIS MONTH — 64
Uniform Building Code — 39
In Law and Zoning Inspections — 17
ety — 7 (2 day care, 1 institutional, 1 business, 3 multiple dwellings [8 buildngs, 136 unitsD
i . . Safety Reinspections — 1 (4 unit multiple dwelling)
Fire Occurrences — 0
Fire Occurrence Reinspections — 0
TOTAL FIELD VISITS YEAR TO DATE, 1995 — 142
TOTAL FIELD VISITS YEAR TO DATE, 1994 — 178
TOTAL SIGN PERMITS THIS MONTH — 0
TOTAL SIGN PERMITS YEAR TO DATE, 1995 — 0
TOTAL SIGN PERMITS YEAR TO DATE, 1994 — 0
ZONING BOARD OF APPEALS
1 MEETING — 5 NEW CASES — 1 ADJOURNED CASE — AGENDA ATTACHED
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY , FEBRUARY 8 , 1995
7 : 00 P . H .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN
that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca
on Wednesday , February 8 , 1995 , in Town Hall , 126 East Seneca Street , ( £IRST Floor , REAR
Entrance , WEST Side ) , Ithaca , 11 . Y . , C014tENCING AT 7 , 00 P . H . , on the following matters :
Appeal of the First Assembly of God Church , Appellant , Reverend Robert Lovelace , Agent ,
requesting a variance from the requirements of Section 2 . 01 - 1 and Section 3 . 01 -2d of the
Town of Ithaca Sign Law , to be allowed to maintain a 24 square foot sign on property to
() be the future site for a new church at 197 Bostwick Road , Portion of Town of Ithaca Tax
,f�i Parcel No . .11 - 4 - 1 . 2 , Residence District R- 30 . Said Sign Law allows for such a sign when
(.;,construction has commenced ( construction is not currently proposed ) and does not allow
(1 for wording related to off - site premises .
Appeal of Stephen and Patricia Lucente , Appellants , Larry £ abbroni , Agent , requesting a
J variance from the requirements of Article IV , Section 14 and 16 of the Town of Ithaca
Zoning Ordinance and Section 280A of New York State Town Law , to be permitted to
construct a new two - family residence at 3 Sanctuary Drive , Portions of Town of Ithaca Tax
"I Parcel Nos . 73 - 1 - 6 , - 7 . 2 , - 8 . 2 , Residence District R - 15 . Said laws require a building
to be constructed on property which fronts on a town , county , or state highway .
Sanctuary Drive is not currently an official road in the Town of Ithaca .
Appeal of Stephen and Patricia Lucente , Appellants , Larry Fabbroni , Agent , requesting a
variance from the requirements of Article IV , Section 14 and 16 of the Town of Ithaca
Q) Zoning Ordinance and Section 280A of New York State Town Law , to be permitted to
construct a new two- family residence at 4 Sanctuary Drive , Portions of Town of Ithaca Tax
Ll Parcel Nos . "73 - 1 - G , - 7 . 2 , - 8 . 2 , Residence District R - 15 . Said laws require a building
n to be constructed on property which fronts on a town , county , or state highway .
' Sanctuary Drive is not currently an official road in the Town of Ithaca .
Appeal of Cornell University , Appellant , John Benson , AIA , Agent , requesting a special
-(7 approval from the Zoning Board of Appeals under Article V . Section 18 of the Town of
, Ithaca Zoning Ordinance , to be permitted to relocate the University Hail Center to a
partially vacant building used for vehicle maintenance in precinct 7 , Palm Road , Portion
of Town of Ithaca Tax Parcel No . 64 - 1 - 2 , Residence District R - 30 . Said ordinance would
allow such a university related use but only with Zoning Board approval .
Appeal of Stephen L . Nash , Jr . , Appellant , requesting authorization from the Zoning Board
of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to add
ja second dwelling unit to a non- conforming building / lot at 261 Coddington Road , Town of
• ) Ithaca Tax Parcel No . 53 - 1 - 21 , Residence District R- 15 . Said property is non- conforming
.) since it has a width at the maximum front yard setback of 94 . 6 ' ( 100 required ) . A
(w;- variance from the requirements of Article XIII , Section 57 ( which limits undersized
Ubuilding lots to be used only as single - family residences ) may also be requested .
Appeal ( Adjourned From January 11 , 1995 ) of James Hider , Appellant , requesting authoriza-
tion from the :toning Board of Appeals under Article XII , Section 54 of the Town of Ithaca
Zoning Ordinance , to be permitted to construct a two- story 20 ' x 30 ' addition to an
existing non - conforming single - family residence at 1134 East Shore Drive , Town of Ithaca
Tax Parcel No . 19- 2 - 2 , Residence District R - 15 . Said building is non-conforming since
U it is located 7 ' 1 _ ± from the south side yard property line , whereas 15 ' is required ,
he property is also . 16 + acres in area , whereby . 34+ acres is required . A variance from
rticle IV , Sec= tion 11 may also be requested as the building addition may result in an
<5overall building height of 32 ' + , whereas a 30 ' maximum height is permitted .
Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all
persons in support of such matters or objections thereto . Persons may appear by agent
or in person . - Individuals with visual or hearing impairments or other special needs , as
appropriate , will be provided with assistance , as necessary , upon request . Persons
desiring assistance must make such a request not less than 48 hours prior to the time of
the public hearing .
Andrew S . Frost
Building Inspector/ Zoning Enforcement
Officer
273- 1783
Dated : January 31 , 1995
TOWN OF ITHACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
Agenda Item No . 4f .
Tom Clerk / Receiver of Taxes
Monthly Report / February 1995
Records Management : Preparations for the first meeting of the
Historical / P.nn _"_versary Celebration Committee have begun . The first
meeting of the Committee will be held in March .
The New York State Town Clerks Association has requested assistance
in contacting State legislators to request that the Local
Government Records Management Improvement Fund Program be allowed
to continue . The program is scheduled for sunset nine months from
February .
Town Clerk : The next newsletter is being prepared with mail out
scheduled for mid to late March . We are conducting a survey to
determine the mode of transportation customers use to get to Town
Hall . Results will be reported at the April meeting .
Disclosure statements have been reviewed to make sure revisions as
adooted in 1994 are included . Statements will be distributed as
soon as possible .
Minutes for two Toti•.-n Board meetings , and preparations for staff
meetings , mail out packets , and follow up required an exceptional
amount of time .
The New York State Association of Town Clerks will be holding their
annual meeting in Syracuse , April 23 - 26 . Approval of attendance by
the Town Clerk and Deputy Mary Saxton is included as a consent
agenda item .
Tax Collection : Estimated calculations of expenses which would
occur if the Town were to collect the Solid Waste Annual Fee are
being prepared . The Supervisor and Receiver will be meeting with
representatives of Tompkins County in the near future to discuss
this matter .
Respectfully submitted ,
L
oan Lent Noteboom
Town Clerk / Receiver of Taxes
� . . �. LLIII\ J nIUI � IfILI Y1CYVriI A
TOWN OF—�hica NEW YORK (Month) February 19 95 Agenda
TO THE SUPERVISOR:
Pursuant to Section 27, Subd. 1 , of the Town Law, I hereby make the following statement of all lees and moneys received by me in connection J
with my office, during the month above staled, excepting only such fees and moneys the application and payment of which are otherwise provided
for by law: 1
I
NUMBER OF LICENSES SOLD OR ISSUED
LICENSE CATEGORY COMMISSION COMMISSION FREE VOID TOTAL USED
SPORTSMAN
FISHING - SEASON
HUNTING (SMALL GAME)
BIG GAME (DEER b BEAR)
TRAPPING •
JUNIOR ARCHERY (14. 15 YEARS)
FISHING - 3 DAY .
JUNIOR TRAPPING- (UNDER 16 YEARS)
SENIOR (85 / MILITARY DISABILITY) - ,
NON - RESIDENT BIG GAME (DEER & BEAR)
NON - RESIDENT HUNTING SEASON (SMALL GAME)
NON - RESIDENT FISHING - SEASON
NON - RESIDENT HUNTING - 5 DAY SMALL GAME
NON - RESIDENT. FISHING - 5 DAY
BOWHUNTING (BIG GAME LICENSE REOUIRED) �
MUZZLELOADING (BIG GAME LICENSE REOUIRED)
JUNIOR HUNTING (12- 15 YEARS)
t
LOST LICENSE CERTIFICATE I
TOTAL SOLD .
XXXXXXXXXXXXXXXXXXX FEES TO TOWN
COMMISSION IS XXXXXXXXXX 3
COMMISSION C* f COMM SS ONS b S -O- I
2 Marriage Licenses No. 2 to No. 3 @ 8675 S 17 . 50
Marriage Certificates @
1 Marriage Transcripts @ 10 . 00 10000
1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27950
1010 — 1090 REAL PROPERTY TAXES S INTEREST and PENALTIES S )
2001 PARK and RECREATION CHARGES
2110 ZONING FEES S 2115 PLANNING FEES S 1l
2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSE S FEES TOTAL '
2540 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSES FEE S
2544 21 DOG LICENSE - SPAYED AND NEUTERED 2777386 - B to 277400-C �� $ 2 . U0 TOTAL_
47 DOG LICENSE - UNSPAYEO AND UNNEUTERED 3191201 – B to 3191206 - Y, @ $ 2 . 00
R8961688 -C to R8961934 -11
2545 OTHER LICENSES Tax Searches 2 2 $ 5 . 00 lU . OU
2555 BUILDING PERMITS Zoning Ordinance and `tap 3 @ $ 8 . 50 25 . 50
2590 OTHER PERMITS `Lisc . Copies 13980
2655 MINOR SALES: Subdivision Regulations 1 (I $ 3 . 00 3 . 00 1
2770 OTHER UNCL46SSIFIED REVENUES Comprehensive Plan 1 a 312 . 00 12 . 00
Dog Enumeration 68 0 " $ 1 . 00
68 . 00
I
I
TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 295 . 80 �
Amount paid to SUPERVISOR for Games of Chance Licenses
Amount paid to SUPERVISOR for State Share of Bingo Licenses
Amount paid to D.E.C. for Conservation Licenses I
Amount paid to COUNTY TREASURER for Dog Licenses . 10 14 !
Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 114 50
Amount paid to for Lottery Tickets
Amount paid to State for Sales Tax on Sale of Dogs
l3
Received Payment of these amounts: TOTAL .DISBURSEf)w_ �. . . . . . . . . . .
`t? rch 2 1 1995 —
_ - pervisor L
STATE OF NEW YORK, COUNTY OF TOitpkins , TOWN F Ithaca i
Joan Lent Nnteb000m +
being duly sworn, says that s he Is the Clerk II
of the Town of Ithaca that the foregoing is a lull and Irue statement
of all Fees and Moneys received b) n er during the month ebove• sl8ted, excepting only such Fees the application and payment of which are
otherwise provided for by law.
Subscribed and Sworn to before m 1 this
nd
day ol _ �A,f r 19 \ , 7 Town Clerk
J
I
1 1' L /'l ! 1 • /l �_ /'/� /f i [-' N0ta7 PUDIic
4ty OF 1 ray
_ a TOWN OF ITHACA
zi 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
�� #- ,( o
OWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273 - 1704
Agenda Item No . 4 ( f )
TOWN OF ITHACA
RECEIVER OF TAXES
February 1995 , Monthly Report
1995 Tax Warrant - Town of Ithaca
Total Town Warrant - 1995 $ 31466 , 710 . 31
Balance Due : Town of Ithaca Warrant 1 / 31 / 95 - 0 -
Miscellaneous Payments to Town Supervisor
2 / 3 Fee : Ck . Returned for Insufficient Funds $ 11 . 00
2 / 7 Interes> t Receiver of Taxes Checking Account 434 . 55
( January )
2 / 7 Installment Service Charges - 1 % of Total 260 . 97
2 / 13 Fee : Ck: s . Returned for Insufficient Funds 26 . 00
2 / 24 Installment Charges - ( $ 1 . 00 x 353 Bills ) 353 . 00
( Received from Tompkins County )
2 / 24 Fee : Ck. . Returned for Insufficient Funds 15 . 00
TOTAL MISC . PAYMENTS TO SUPERVISOR : $ 11100 . 52
February
Taxes Collected : $ 1721748 . 18
Interest & Penalties Collected : 11727 . 50
TOTAL COLLECTED - FEBRUARY 1995 : $ 174 , 475 . 68
1995 Tax Warrant - Tompkins Countv
Total County Warrant : $ 31585 , 430 . 90
2 / 2 Payment : Tompkins County Budget & Finance - 800 , 000 . 00
2 / 6 Payment : Tompkins County Budget & Finance - 11300 , 000 . 00
2 / 15 Payment : Tompkins County Budget & Finance - 200 , 000 . 00
2 / 24 Payment : Tompkins County Budget & Finance - 45 , 000 . 00
BALANCE DUE TOMPKINS COUNTY : 2 / 28 / 95 $ 11240 , 430 . 90
Miscellaneous Payments To Tompkins Countv
2 / 2 Installment Service Charges $ 11 , 600 . 98
Agenda # 4 Cr
ASSISTANT BUDGET OFFICER
REPORT FOR FEBRUARY 1995
In preparation for our annual audit we have spent many hours
copying and gathering information the auditors will need . A draft
of the Annual Financial Report is completed for their use . Notes
to the financial report are currently being updated , and
information for reporting a Component Unit ( Bolton Point ) is
forthcoming . A Component Unit ( CU ) is a legally separate
organization for which the elected officials of the Primary
Government ( PG ) are financially accountable . The Government
Accounting Standards Board ( GASB ) Statement 14 covers the
requirements for reporting a Component Unit as authorized by the
Office of the State Comptroller .
Time was spent communicating with Bolton Point on the new billing
system . Dan Walker and I met with Larry Parlett and Judy Bowers to
discuss the process and examine some of the reports the program
will be issuing . The March 1995 water and sewer bills will be run
off the new program and I will be studying and evaluating the
process according to the Town ' s needs .
We have received a $ 215 , 000 . 00 Bond Anticipation Note ( BAN ) to fund
the cost of the West Haven Sewer Project . Thanks to John Barney
for his hard work on this .
Jackie White has sent out a survey to ascertain what information
Town employees have on their computers . This is a first step to
analyzing our needs to network and the means to implement it .
The Town ' s Repurchase Agreement ( REPO ) of $ 760 , 000 . 00 matured in
February earning $ 9 , 769 . 64 in interest . All of the Real Property
Taxes for this fiscal year have been received and after doing a
cash flow study and needs analysis I found I was able to invest in
three REPO ' s maturing at various times for a total of
$ 4 , 500 , 000900 .
Tompkins County Sales Tax money for the fourth quarter of 1994 was
received in the amount of $ 464 , 574 . 00 . This is down from last year
by $ 3 , 377 . 00 , but up from last quarter by $ 12 , 362 . 00 .
Other significant revenues received during the month include ;
Justice Fees 11 , 037 . 00
Ellis Hollow PILOT 11521 . 15
Tomp County Youth / Transit 10 , 916 . 14
Tomp County Snow Removal 3 , 581 . 00
1
I attended a .meeting at Tompkins County Trust Company along with
representatives from assorted government entities . The Trust
Company has this meeting annually to assess the needs and desires
of the entities and offer advice and information on new services
available .
The Finance Committee will meet 03 / 13 / 95 to review vouchers and
discuss electronic banking services .
Respectfully Submitted ,
Sally E . Alario
Assistant Budget Officer
Purchasing Agent
I
2
TOWN BOARD MEETING 3 / 13 / 95
AGENDA ITEM N0 , 4H .
PERSONNEL MANAGER ' S MONTHLY REPORT FOR
FEBRUARY 1995
PREPARATION FOR ANNUAL AUDIT AND TAX REPORTING COMPLETED
The first three weeks of February were spent in completing the
various reports and documents required during the annual audit
process . Included were the Annual Reconciliation schedules for
payrolls and taxes paid , NYS Retirement Annual Bill and Monthly
Report Reconciliation , 1994 Personnel Policy Changes , Updated and
Amended Job Descriptions , and the status of casualty insurance
claims filed in 1994 .
The annual NYS WT - 4 - A , Employee Wage & Withholding Report , was
manually recalculated and re - typed in our office after our
Computer Payroll Support Company failed to correct the problem
discovered in January .
All wage and tax reports , •including : W - 3 , W - 2 , 1099R , 1O99M , and
the WT - 4 - A , were mailed on February 23 , 1995 , before the
February 28 deadline , and made ready for audit .
CIVIL SERVICE MEETING
John Whitcomb , Cathy Valentino , and I met with representatives
from Tompkins County Dept . of Civil Service on February 1 ,
regarding continuation of the Town ' s compliance process . I have
provided the Civil Service office with information and documents
throughout the month and received a packet of information for our
review and input on the 28th .
WORKERS ' COMPENSATION
On February 28 , I assisted with SCLIWC ' s annual Workers '
Compensation audit of payroll and financial records for the
period January 1 - December 31 , 19940 All were in order .
PERSONNEL UPDATES
Interviews were held and Sandra Newton was selected as Part - time
Secretary to the :Personnel / Insurance Department . Sandy has a
secretarial background as an assistant in a personnel office and
started employmen on February 22 , 1995 . Thomas Mordue was
recommended as a temporary engineering aide .
Highway Laborer , Eric Walden has resigned from Town employment ,
effective March 17 , 19958
PERSONNEL COMMITTEE
February 9 , 1995 , Special Meeting .
Executive Session Items :
Recommendation : Employees hired or placed on probation in
1994 will receive 3 % cost of living increase plus end of
probation increase recommended by Dept . Head .
February 16 , 199 :5 , Regular Monthly Meeting
ITEM 1 . Discussion , Clarification and Recommendation of revised
Procedures for Probationary Employees .
Action : Recommend draft resolution for approval by
the Town Board ,
ITEM 2 . Consider Revision of Problem Resolution and Salary
Review Procedures .
Action : Continue to March meeting .
ITEM 3 . Consider Approval of Hiring & Salary Procedures .
Action : Continue to March meeting .
ITEM 4 . Consider March Agenda Items
Action : Recommend Hiring & Salary Procedures
Recommend Revision of Problem Resolution Procedures
Consider Workplace Violence Policy
ITEM 5 . Consider- Appointment of Temporary Engineering Aide .
Action : Recommend appointing Thomas Mordue , Temp .
Engineering Aide .
Executive Session :
Action : Allow Eric Walden to receive payment for accrued
vacation days upon resignation , though date is prior to one
complete year of Town service .
PERSONNEL POLICY AND PROCEDURE CHANGES
Work continued on updating the Town ' s procedures concerning
probationary employees . A resolution which eliminates salary
increases upon :regular appointment , has been drafted to formalize
this process .
Extensive work has also begun to formalize the Town ' s Hiring and
Salary Procedures for better understanding by Town Officials ,
Department Heads , and employees , and to ensure more equitable
application of these procedures .
Amendment to the Town ' s Problem Resolution Policy is underway to
provide a more efficient flow of problems and complaints for
resolution at the department and committee levels .
Staff has started groundwork for a policy addressing workplace
violence . By month ' s end , work was in the earliest stages , and is
expected to continue throughout March and early April before
making an appearance before the Personnel Committee .
TBM 3 / 13 / 95
Page 23 .
Agenda Item No . 11 - 1994 Town Justice Dockets , Merton Wallenbeck :
Resolution No . 45 : Motion made by Councilman Klein , seconded by
Councilman Niklas accepting for filing by the Town Clerk the 1994
Dockets of Town Justice , Merton Wallenbeck for the year 1994 .
Members of the Town Board as required by law shall sign and date
the said dockets .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No 12 - Contract , Tompkins County Operating Expenses
Transportation & Human Services :
Mrs . Noteboom - An amended version of the contract has been
received and Attorney Barney has reviewed and approved the
execution of the contact .
Resolution No . 46 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing and directing the Town Supervisor to
execute the Transportation & Human Services contract with Tompkins
County in foam and substance satisfactory to the Town Supervisor
and Attorney for the Town . The contract shall provide for
reimbursement: to the Town of Ithaca for transportation and human
services for a total amount of approximately $ 23 , 900 . 00 .
Councilwoman Harrison - Are the services fully reimbursed to the
Town by the County ?
Attorney Barney - The contract calls for a mechanism for which the
Town pays for these items . The payments are a pass through with
the County .
Supervisor Whitcomb - There has been a long standing problem with
the contract in that the County has requires the Town be indemnify
them from liability .
Attorney Barney - The Town has to make a decision to get the money
for the program by this pass through , or argue the indemnification .
Motion called : Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No 13 - Advertisement for Bids , Rubber Tire Excavator :
Resolution No . 47 : Motion made by Councilwoman Valentino , seconded
by Councilman Niklas that on the recommendation of the Public Works
TBM 3 / 13 / 95
Page 24 .
Committee the specifications for the new rubber tire excavator be
approved . The Town Clerk is authorized and directed to receive
bids for the new rubber tire excavator .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 14 - Bid Specifications / Advertisement , Judd Falls
Road Reconstruction :
Mr . Walker - The scope of the project is replacement in kind of
Judd Falls Road from Tower Road down to Forest Home Drive . The
work from ':sower Road to approximately 150 feet from the
intersection will consist of removing the pavement , removing the
inadequate subgrade , installing new drainage , installing a new base
with a recycled asphalt binder layer four inches thick with two
inches of topcoat . The top will be a high friction asphalt
pavement .
From approximately 100 feet down to the intersection the grade will
be changed slightly from 13 % to about 8 % to 9 % grade . This will
begin at the :northern edge of Mr . Boles property and will be about
10 inches of cut in Judd Falls Road with a fill at the intersection
of one foot on Forest Home Drive . The limits of work will extend
on Forest Home Drive from the Byway to approximately 100 feet to
the east .
The Forest Home Improvement Association has suggested putting a
section of curving in and slightly shifting the roadway on Forest
Home Drive to allow a wider area for a walkway at the last house
near the intersection . The section which already has a curb and
gutter section will get new identical sections .
As part of the contract Cornell University will be reimbursing the
Town for the work of the excavation of the pipe arch that carries
the foundation road under Judd Falls Road . That is a private
culvert which is a private structure in the right of way . The
landowner is responsible for that repair . The Town will be
slightly raising the profile over the culvert as it has settled
almost a foot in various locations . The granite curb will be
removed for about a 150 foot section at the same roadway .
The road will be narrowed slightly from the section known as the
" Jug Handle " to the concrete curb by Forest Home .
The design is in conformance with the resolution the Forest Home
Improvement Association adopted years ago . The representatives
from Forest Home have met with Town staff .
TBM 3 / 13 / 95
Page 25 .
Councilman Klein - The Public Works Committee has reviewed the work
a number of times and did recommend approval of the project .
Bill Goldsmith , 117 Judd Falls Road , Past president , and present
member of the Forest Home Improvement Association including the
committee who met with the Public Works Committee members to review
the reconstruction : The Forest Home community is pleased with the
design , it does meet the wishes of the community with the exception
of not having the road improved at all .
The steep grade is fine because there are steeper grades in the
other roads coming into Forest Home . There is a virtually zero
accident record at that location because it is terrifying , and
keeps people slowing down .
Nancy Brcak , President Forest Home Improvement Association - The
Forest Home work group , staff , and members of the Public Works
committee had a very good meeting . The Forest Home Improvement
Association wishes to thank the Town very much for all the
cooperation on this project .
There are plenty of people in Forest Home who wish the money would
be spent elsewhere , but since the Town has resolved to do this ,
thank you very much for all the thoughtfulness the Town has shown .
Resolution No . 48 : Motion made by Councilman Conley , seconded by
- Councilman Niklas authorizing the advertisement for bid and the
receipt of bids for the reconstruction of Judd Falls Road .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 16 - Forest Home Bridge Maintenance :
Mr . Walker - The Board has reviewed the agreement for the
maintenance responsibilities which Tompkins County has prepared .
Details regarding design information is still pending . The design
was supposed to be complete several weeks ago . A meeting was held
last week to review the status of the design and it was found there
are still questions about what the final structural support details
will look likE� .
The intent of the agreement is consistent with the past policies
which have not: been presented in writing . Tompkins County would
maintain the structural portion of the bridge and the Town would be
responsible for the wearing surfaces . The decorative trusses are
a major surface feature which are not structural . The County
maintains the Town should be responsible totally for the deck and
trusses including the supporting members .
TBM 3 / 13 / 95
Page 26 .
There is a concern about the County ' s definition of supporting
members . If it means the " I " beams that hold it up , and the
special channels that support it there is concern the Town does not
want that liability because they are part of the structural system
of the bridge . The cantilevered sidewalk would cause the same
concern . The! members under the sidewalk are not surface features ,
they are structural support features .
This agreement needs to be redrafted , because it is specific to
this bridge the final design documents should be seen to make the
document consistent with those details .
Tompkins County needs to have this agreement executed before they
will move ahead with awarding the contract .
Supervisor Whitcomb - A letter has been written to Barbara
Blanchard , Tompkins County expressing concerns about= the delay of
this project . Mr . Walker has contacted the County Engineer ,
Resolution No . 50 : Motion made by Councilman Niklas , seconded by
Councilman Klein authorizing the Town Supervisor to execute a
maintenance agreement for the downstream Forest Home bridge , after
consultation and recommendation from the Town Highway / Parks
Superintendent and the Town Engineer , and after review of the
document by the Attorney for the Town .
Councilwoman Harrison - There was much discussion about the plans
that the Town Board wanted assurance that the final plans have
minimum abutments , etcetera . It is not known if that criteria has
been met , if this is the last chance this Town Board would have to
approve the project .
Mr . Walker - This would not be the last opportunity for the Town
Board to look at this . There will be an approval of the
expenditure of funds before the contract award date , which has to
approved by this Town Board . It is not known what the County
Engineer ' s estimate of cost is .
The designs are approximately 30 % complete . No details have been
seen regarding the abutments .
Councilman Niklas - Is the County aware of this Town Board ' s
concerns about the specific design criteria which was decided upon
and is now expected ?
Mr . Noteboom - " Yes " .
Councilman Niklas - If the County returns design plans which do not
meet the agreed upon criteria expected , the Town would have
legitimate grounds for complaint and could refuse to execute the
agreement .
TBM 3 / 13 / 95
Page 27 .
Mr . Walker - The design draws are supposed to show the concept
which was approved by the Town Board in August , which has a single
lane bridge , with trusses in relation to a four foot wide wood deck
cantilevered sidewalk with the applicable supports and preserving
the existing railings and trusses .
Councilman Niklas - The fact is the County cannot plead ignorance
of what the Town desired .
Mr . Walker - There was a meeting on March 8 , with the County . The
plans received were not complete . Bruce Brittain of the Forest
Home community was contacted to attend , as well as a representative
from Historic Ithaca . It was agreed the plans did not explain more
than what was already known . There will be another work session
with all these individuals upon receiving the final detail plans .
Nancy Brcak - The ISTEA Grant runs out at the end of the year , and
if the County does not act this year those funds will be lost . The
amount is a considerable amount . If that were to occur the
historical aspect would again be in jeopardy . The Forest Home
Improvement Association concerned about the schedule for that
reason .
Mr . Walker - The County would have to be under contract within the
year 1995 to .receive the ISTEA funding .
Motion called . Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , aye ; Councilman Klein , aye ; Councilwoman
Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye .
Carried unanimously .
Agenda Item No . 22 - Pipe Arch Repairs , Judd Falls Road :
Mr . Walker - The agreement related to the pipe arch repairs during
the Judd Falls Road reconstruction project are not complete at this
time . Final design details are needed from Cornell University so
that the exact. amount of monies and percentages of cost are known .
Resolution No .. 51 : Motion made by Councilman Niklas , seconded by
Councilwoman Grigorov authorizing and directing the Town Supervisor
to enter into a mutually beneficial agreement with Cornell
University to cooperatively construct the resurfacing of a portion
of Judd Falls 'between Tower Road and Forest Home Drive , and to make
repairs to the Cornell owned corrugated metal pipe arch tunnel
under Judd Falls Road at the " Jug Handle " , after consultation and
review of the agreement with the Attorney for the Town .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
TBM 3 / 13 / 95
Page 28 .
Agenda Item No . 15 - Payment Utility Share , Route 13 Over Conrail ,
Cayuga Inlet , & Buttermilk Creek Highway Construction .
Supervisor Whitcomb - The Town ' s payment of the utility share
estimate for this project was approved by the Board previously .
Since that time the actual cost has been determined .
Mr . Walker - There is a twelve inch water main that comes across
the Inlet to the Buttermilk Falls Road , and parallels Route 13 and
connects to the City of Ithaca System . The long term plan is to
extend the Town ' s water up to properties on Buttermilk Falls Road .
That area now has a six inch line which has often failed and has
extensive maintenance costs .
The State will have Route 13 torn up which will be an opportunity
for the Town. to have this water line put in as part of that
project .
Motion made by Councilman Niklas , seconded by Councilwoman
Valentino approving payment of $ 52 , 099 . 60 to the New York State
Department of Audit & Control for the completion of the water main
betterment as described . The cost of the said water betterment in
the amount of $ 52 , 099 . 60 shall be expended from account H8340 . 221 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item No . 17 - Zoning Ordinance Building Height Requirements :
Councilman Niklas - The Codes and Ordinance Committee ( COC ) was
asked to look at the desirability of increasing the minimum
building height . The current zoning ordinance has the minimum
height at 30 feet .
The Zoning Board of Appeals ( ZBA ) has had ( 21 ) requests for
variance of building height . The average of the heights for those
requests is about 35 . 015 feet . The ZBA has asked that the minimum
building height be increased to 36 feet to eliminate so many
requests for variances .
Supervisor Whitcomb - Why would the Town not want to make this
change ?
Councilman Niklas - There are two sides , one is that there is
possibly an excessive work load to the ZBA that the current minimum
building height is not in keeping with those of the surrounding
municipalities . The Town of Ithaca is one of great slopes and 36 "
measured off a slope is not a towering height .
TBM 3 / 13 / 95
Page 29 .
The opposing argument is that the Town could keep increasing the
minimum building height , and no matter what it is someone will
invariably come forth to the ZBA requesting a variance .
COC could amend the ordinance quickly and efficiently , the Town
Board is being asked to give guidance as to the Boards pleasure
since this is a policy decision .
Mr . Frost - A survey was conducted of all the municipalities in the
County . The Town has the most restrictive height requirement other
than Cayuga Heights .
There is no particular height requirement by building code other
than the code does limit the wood frame structure to a two story
building . No matter how high someone wanted to build they would be
limited by the building code to no more than two stories .
It would be impractical for someone to build a two story building
which was 60 to 70 feet tall because there would be 15 to 20 foot
ceilings .
If the Town did change the height requirement there would still be
people asking for variances , but there would not be a push of that
threshold to -a higher number because of the impracticality of doing
so .
Councilman Klein - When referring in the Town ' s definition of the
" lowest level. of the structure " , does it also mean the basement
slab .
Attorney Barney - It is defined by the outside and interior
heights . The height from the lowest interior is from the slab of
the floor in the basement to the top . The outside height is
measured from the lowest point outside to the top .
Councilman N _ klas - The ZBA has not requested the Town Board
readdress how building height is actually measured .
Mr . Frost - The Town height limits dramatically the architectural
style of the :building .
Councilman Klein - Because of the style of housing being built , the
ZBA is addressing a great many unnecessary variance cases .
Councilman Niklas - Historically this has been a very contentious
issue . One of the concerns of the Greater Ithaca Neighborhood
Association was what was thought to be excessively high buildings
which were towering over homes that had already been established in
communities . There was a real concern if the Town did not regulate
building height at points where rental properties abutted next to
older communities the rental properties might look inappropriate .
TBM 3 / 13 / 95
Page 30 .
The COC will ;proceed to make the necessary changes for presentation
of approval by the Town Board .
Mr . Frost - A number of people come to the Building Department
where the initial building plan where the height is exceeded ,
rather than going to the ZBA they have changed the design of the
home . There are many more height changes than are reflected in the
( 21 ) variances granted by the ZBA .
Councilwoman Grigorov - It was not very long since the ordinance
was amended .
Attorney Barney - The amendment was not to lower the height , it was
to create a set of standards to measure by . The problem was with
exterior measurements because moving dirt around the foundations of
buildings could change the measurement .
Supervisor Whitcomb - The Board will look forward to receiving the
changes from the COC .
Agenda Item No . 18 - Advisability of Amending Sprinkler Systems
Local Law :
Councilwoman Grigorov - After reading the law it does not seem to
be as bad as some people have thought it was . Some objections
brought out are not applicable .
Mr . Frost - The documentation provided shows a list of the
operating permits to reflect the numbers of buildings which would
have to retrofit sprinkler systems under the present law .
Councilman Klein - Having to install sprinklers after a building is
up can be quite expensive .
Councilman Niklas - What does Fire Chief Wilbur thing about this ?
Councilwoman Grigorov - The Fire Chief would want sprinklers to be
installed .
Mr . Frost - The Fire Department will not support any change or
modification to the local law .
Councilwoman Harrison - How does this law relate to other
municipalities,
Mr . Frost - The Town of Ithaca does not require a simple detached
one or two family residence to have sprinklers , it was in the
original version and then was modified in a subsequent local law to
take out the requirement for standard housing except for
condominiums . The law has had an effect on single family attached
housing .
TBM 3 / 13 / 95
Page 31 .
The Town was the third in passing the local law , and 12th at the
time New York. State approved the law as being more restrictive than
building code . There are twenty eight municipalities in New York
who have some form of sprinkler regulations over and above the
building code .
Councilwoman Grigorov - The Fire Marshall who gave a speech at the
Association of Towns meeting stated that water is not what should
be put on some fires , such as kitchen fires . If the sprinkler is
working properly by the time they are activated it will be a
general fire ..
Mr . Frost - The lives and buildings which have been saved by
sprinklers is very well documented .
Councilwoman Grigorov - Maybe just having sprinklers is not enough ,
if there is a fire in a restaurant and the sprinkler comes on it
could make the fire worse .
Councilman Klein - That is covered in the law , alternatives to
water are provided for in Section 7 .
Mr . Frost - Sprinklers are fully installed in restaurants , banquet
rooms , and cooking areas . In areas where there is grease you have
hood systems directly over that area which is a dry chemical for
extinguishment .
Harry Ellsworth , Member ZBA - As a private consulting Engineer a
good share of= work done has been designing sprinkler systems for
approval by the City of Ithaca . The City is not moving away from
the concept of sprinkler systems . They are moving towards more
sprinklers in. multiple housing such as apartment houses .
Construction was completed this week on a social club because of
the revision to the State code that was passed last August to move
sprinklers into areas of public assembly with one hundred people or
move . That was extended by the City Fire Marshall to the whole
building including the kitchen which had fire rated walls .
Building owners in the Town of Ithaca will be looking at costs
which are fractions of a million dollars because they own a great
deal of property . This will create controversy . As people are
selling buildings and taking off fire escapes there are more
requirements for sprinklers .
Another issue which will play a part is the smoke ordinance .
Meetings with the City have to be held because work cannot be
completed because of these issues .
TBM 3 / 13 / 95
Page 32 .
The whole nation is moving to sprinkler systems because the codes
are moving towards better economies in multiple buildings . The
trend will be the spreading of this policy . However , a price
cannot be placed on a life .
Supervisor Whitcomb - What is the cost per unit ?
Mr . Ellsworth - A present project in College Town with fourteen
apartments to install a means of egress was about $ 8 , 000 , just to
do the hallways . Because of situations of the smoking ordinance a
full system may be installed which would cost about $ 25 , 000 .
Mr . Frost - Care has to be taken to distinguish between new
structures and existing structures .
Mr . Frost - The list provided shows all who have operating permits
and would be .required to retrofit systems into the buildings . The
only exception are on College Circle .
The developers of new buildings do put in the systems when
building .
All the dorms at Ithaca College do not have sprinkler systems . The
Towers would be the first priority for placement because it is a
multi storied building .
Councilwoman 137rigorov - Is it more expensive to retrofit a system
than install it at the time of building ?
Mr . Ellsworth - To retrofit a new water line has to be installed .
The cost of doing that depends on the distance and what has to be
done . It cost= s $ 2 , 000 to $ 3 , 000 to just get the new water line .
Mr . Frost - It would cost about $ 5 , 000 to retrofit a three family
multiple dwelling .
Councilman Klein - The law states . that by 1998 every existing
commercial building and dwelling in the Town has to have sprinkler
systems .
Mr . Frost - The requirement would apply to buildings where there
could be " sleeping " , and multiple dwellings , and day care center .
Supervisor Whitcomb - The law gives about three years for
compliance . I: f the Town is not going to modify the law the owners
need to be reminded of the time frame .
Councilwoman Harrison - Why would there be a retail store ?
Mr . Frost - All new buildings need sprinklers .
TBM 3 / 13 / 95
Page 33 .
Councilman Niklas - The retro fitting in Section 4 is reasonable
because they are buildings which house a lot of people . There is
a variance procedure . -
Mr . Frost - If there is a bed and breakfast facility with no more
than four lodgers the State code would allow a rating as a single
family residence . This law would not necessarily do that , unless
the Board would want a sprinkler system in those dwellings .
This law was filed with the Department of State after all legal
steps were followed .
Supervisor Whitcomb - Does the Town Board wish to change the law ?
Councilwoman Harrison - The Board should see what would be added
over and above the State codes .
Mr . Frost - When there is new construction of three stories and
more than thirty sleeping rooms there would have to be sprinklers
under the State codes .
All the under three stories and under thirty sleeping rooms , and
those retroactive buildings would be the Town ' s responsibility .
The State law which provided for funds to become available to help
people install sprinklers in buildings of public assembly has not
been accessed in the ten years of the law , and it is unlikely those
funds will ever be available .
Councilwoman Harrison - Can a comparison be made of the Town ' s
local law and the State code to show what the differences would be
in monies spent or needed , and the cost in relation to lives saved ?
Mr . Frost - One could assume that when a sprinkler system goes off
it would put -the fire out .
Councilman Niklas - There was a fire at College Circle where
students had put some books on a radiator and overnight the books
caught fire . The sprinkler system put it out and the firefighters
said the system saved the students lives .
Supervisor Whitcomb - The Fire Chief does make mention to the media
of how understaffed the local fire department is . A major revision
of this local law would provide more reasons to request additional
firefighters at a cost to the Town taxpayers . With sprinkler
systems in palace in the Town the response time by the fire
department is not as critical in places of multiple residences and
public assembly as it would without them .
TBM 3 / 13 / 95
Page 34 .
Councilman N :iklas - If there are members of the Town Board who
would like to make specific modifications to the local law they may
do so and present recommendations to the entire Board .
Supervisor Whitcomb - Anytime a fire fighter enters a building they
are risking their life , the sprinkler law minimizes that risk .
If there are specific recommendations about how the law may be
changed the Board will submit those to the Supervisor . The matter
will be placed on the agenda again when enough recommendations are
received .
Mr . Ellsworth - There is not public water in each of the areas
where the sprinklers are required .
Councilman Klein - Most of the multiple dwellings would .
Supervisor Whitcomb - Those areas which did not have public water
could be covered under the variance procedure .
Councilman Niklas - Not having public water would create an unusual
hardship . The alternative would be very large retaining cisterns .
Councilman Klein - Would the Town Clerk please provide copies of
the minutes related to this issue when it was first proposed so
that the Board may understand the intent of the Board at that time ?
Mrs . Noteboom - " Yes . "
Attorney Barney - The Town Board in 1988 enacted this law because
it was at the time the City of Ithaca proposed a very large
increase in the fire contract . The feeling was to try and do
something to reduce the cost of fire protection , and this was one
way of doing o .
Councilman Klein - There is nothing which has proven the sprinkler
law has effected the fire protection contract .
Attorney Barney - Theory at the time was reduction in the fire
contract would occur over a long period of time .
Councilwoman Harrison - What would be the procedure if a proposal
for new construction came forth in an area that did not have a
public water supply , but required a sprinkler system ?
Mr . Frost - There were some like those in the past on Elmira Road .
The variance allowed them . to put the sprinkler in with a
substandard water supply with the requirement that within thirty
days of public water be available they connect .
TBM 3 / 13 / 95
Page . 35 ,
Agenda Item No 27 - Town Hall Facility Needs Evaluation :
Supervisor Whitcomb introduced Mr . Doug Look of HOLT Architects who
answered questions about the evaluation .
Councilwoman Harrison - The evaluation has a column which assigns
weight for facilities , please explain how that was determined .
Mr . Look , HOLT Architects - The weighing system would be
determined by the Town Board to establish relative importance of
the of all the factors for the purposes of illustrating how this
would work . The weighing system is from 1 to 5 , with 5 being the
most important factor .
Councilman Klein - The weights shown are theoretical .
Mr . Look - This was not a part of the scope HOLT was hired to do ,
it was included as a possible tool for the Town Board .
Councilwoman Harrison - Weighing systems can often become very
arbitrary . There are legal requirements related to accessibility
to the building .
Mr . Look - This weighing is not necessarily related to the
Americans With Disabilities Act , it was intended to be ease of
getting to the site .
Councilwoman Harrison - The accessibility of persons with
disabilities is part of the cost implications because of the legal
requirements .
Councilman Nik: las - The accessibility is suggested related to means
of location . Some kind of ranking is desirable otherwise there
would be no method of elimination .
Councilwoman Harrison - A ranking system should not be applied ,
example if being the City is worth five times as much having
flexibility for future growth . That is too hard to score , it would
be too objective .
Councilman Niklas - It is assumed there will be more than one
choice for a new facility , especially at the first stages . The
Town Board is obliged to defend those choices as objectively as
possible to the public . A weighing factor does have to be dealt
with very carefully . If the criteria are agreed upon in the
beginning and resolution is made about the weighing factors for
each criteria it is not risky than any other approach .
Supervisor Whitcomb - The Board can intuitively eliminate many of
the locations without a weighing system . There are other things
should be discussed .
I
TBM 3 / 13 / 95
Page 36 .
Mr . Look - The space needs are idealized conditions determined by
the descriptions provided by the staff . In November , different
scenarios for space were provided . The Town Board , staff , and the
committee with Councilman Klein and Supervisor Whitcomb chose the
more moderate versions of the requests .
Councilwoman Valentino - The program chart for Planning and
Engineering showing 6 % seems low .
Councilman Klein - The bulk of the space has the shared space for
the Board room and other functions relative to the needs .
Councilwoman Grigorov - How does the proposed space relate to the
present space for those departments ?
Mr . Look - It may be somewhat deceiving because of the shared space
Engineering and Planning have more of that than the other
departments .
Mr . Walker - Presently part of the space not utilized could go into
the shared space for records management .
Mrs . Noteboom - The Town Clerk ' s portion of the chart includes
space for records management .
Councilwoman 'Valentino - When the records management is included
the chart makes more sense .
Mr . Walker - If you look at the technical support staff of
planning , zoning , engineering , and building codes it is almost
equivalent to the Town Court space . The administrative portions
for the supervisor , Town Clerk , accounting , and personnel are about
18 % , which is in line with the projected space needs for the
technical and court space . The technical departments and personnel
now have about 2 , 500 square feet , the second floor of the building .
Mrs . Noteboom - All that 2 , 500 square feet is not useable space
because of thE! inefficient locations of offices .
Mr . Walker - The shared services is for the storage , records
management center , the vault , conference areas , rest rooms , and
lobby .
Mr . Look - The support staff for planning and engineering has been
combined in one area through the shared services .
Mr . Frost - The evaluation is very informative and looks to the
future for growth and more staff which is needed .
TBM 3 / 13 / 95
Page 37 .
Councilman Klein - Even though the evaluation seems to state the
obvious , whether you are looking at renovating an existing facility
or building a new one the specific program has to be considered .
This document does look at the specific program and defines the
needs so that: the architect can design the building .
Mr . Look - The matrix and the program are all guidelines , they can
be altered if: necessary . The evaluation was intended to document
what was learned from speaking to staff and the committee . There
is probably more space projected in the evaluation than in the
present building because this assumes the new facility whether new
or renovated would be in code compliance with all laws .
The evaluation would provide for very efficient work spaces .
Presently there are work spaces in corridors .
Resolution No . 56 : Motion made by Councilman Klein , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
fila the Facility Needs Evaluation as a reference tool in the
search for a new Town Hall .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Motion made by Councilman Conley , seconded by Councilman Niklas to
move into executive session to discuss property acquisition .
Carried unanimously .
The Town Board moved into executive session at 8 : 45 p . m .
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas to resume regular session . Carried unanimously .
The Town Board resumed the regular session at 9 : 40 p . m . No action
was taken as a result of the executive session .
Agenda Item No . 19 - Amendment to Local Law No . 9 / 1991 :
DELETED from consideration at this time .
Agenda Item No . 20 - Kenneth Well , Water and Sewer Benefit
Assessment Reduction :
Mr . Walker - Mr . Wells has requested a reduction of the water and
sewer benefit assessments because there is a portion of the
property between the railroad tracks and the Inlet which is in the
flood plain and would be hard to build on .
TBM 3 / 13 / 95
Page 38 .
The potential for building is low , but the Town should probably
have a type of conservation easement before _ reducing the
assessments . Mr . Wells has considered donating a portion of this
land to the State Parks .
Agenda Item No . 21 - Sewer Service Request , Peregrine Hollow :
Mr . Walker - A request has been made for the Town to provide sewer
service to Peregrine Hollow . According to the agreement through
the Sewer Joint Subcommittee ( SJS ) they may be the right to
capacity . The application has been made from the Town of Dryden to
the SJS asking for this proposed sewer district .
The Town has a commitment to the Town of Dryden to work with them
since there is already an agreement to transmit sewage . There
would be a cost they would have to pay . The proposal will be
reviewed .
Supervisor Whitcomb - The plan is to have the Town Engineer draft
an agreement with the help of the Attorney for the Town . The Town
needs to make a decision before approaching the Town of Dryden .
The Route 366 water agreement has to be resolved with Cornell and
Dryden , and the Sapsucker Woods agreement . Mr . Varn ' s plans should
not be held up because these other agreements are not completed .
Attorney Barney - They are agreements as to how the intermunicipal
cooperation will work .
Mr . Walker - There will be a status report at the April meeting , it
will not be ready to finalized then .
Agenda Item No 23 - Review Fee Waiver , Cornell GEIS_
Resolution No . 52 : Motion made by Councilman Klein , seconded by
Councilwoman Grigorov approving the waiver of the $ 111 . 87 in review
fees exceeding previous deposits relating to the Cornell University
Precinct 7 GEIS / SLUD account . The waiver of any additional review
fees associated with the Town Board ' s review of the Cornell
University Precinct 7 GEIS / SLUD is also approved . The budget
account established for such purpose shall be closed .
Supervisor Whitcomb , aye ; Councilwoman Valentino , nay ; Councilman
Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman :Harrison , aye ; Councilman Conley , aye . Motion
carried .
Agenda Item No 24 - Public Hearing Date , " LOCAL LAW TO AMEND THE
TOWN OF ITHAC.A ZONING ORDINANCE TO PROVIDE FOR EXPIRATION OF
PRELIMINARY SI 'Z'E PLAN APPROVAL " :
I
TBM 3 / 13 / 95
Page 39 .
Agenda Item No . 25 - Public Hearing Date , " LOCAL LAW AMENDING THE
TOWN OF ITHA.CA ZONING ORDINANCE FOR OPEN SPACE RESERVATIONS IN
MULTIPLE RESIDENCE DISTRICT " :
Agenda Item No . 26 - Public Hearing Date , " LOCAL LAW AMENDING LOCAL
LAW NO , 10 , 1. 994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " :
Councilman N :iklas - These proposed local laws drafted upon the
recommendation of the Town Board on the 1995 Work Plan . They have
also been the subject of Planning Board public meetings . The
Planning Board will be holding a public hearing or discussing these
local laws on March 21 .
The most contentious of the three are the local laws for Agenda No .
24 and 25 . Substantial public input has already been heard
regarding them , and these local laws are in response to those
comments .
In the sunset provisions the COC originally recommended there is a
three year waiting period . It has now been modified to ten years .
That could be! changed if desired by the Town Board at the public
hearing .
There were some developers who came before the Planning Board who
did not want any sunset provisions at all .
The Planning Board changed the time limit to ten years because some
precedents have already been set . The Health Department has a ten
year sunset provision for subdivisions where there is a need to
design on site septic systems . The logic is that in ten years
technology changes .
Councilwoman Grigorov - When a local law comes to the public
hearing if the Board rejects it or changes it another public
hearing has to be held .
Attorney Barnely - If the local law has a substantive change there
must be another public hearing .
Councilman Niklas - If the Board did not want the ten year time
limit it could be changed now before the public hearing .
Councilwoman Harrison - The ten year time limit seems quite long .
Attorney Barney - The developers pointed out that an economic
situation could run as long as ten years . The developer of South
Woods which was approved seven years ago has been unable to sell a
lot yet because of the economy .
TBM 3 / 13 / 95
Page 40 .
Councilwoman Harrison - The proposed local law Agenda No . 24 ,
Section 6 says , " the Planning Board shall grant the request if it
finds a significant hardship " , upon reading the reasons for
hardship it is hard to imagine anyone coming before them where the
extension would be denied .
The hardship :; are an adverse economic climate , or the developers
financial hardship , or an adverse event in the personal affairs of
the developer . Anyone could justify an extension and the Planning
Board would be required to grant it . It is not clear this local
law does anything .
Councilman Niklas - The Town Board originally thought these sunset
provisions would be useful was because there were projects which
were incomplete for long periods of time , nothing was done and in
the meantime the Comprehensive Plan was finalized and the Town had
a different view . The Town had different requirements and needs
with that document . This local law would make sure incomplete
projects do not continue after the technology evolves in the
future , or the Comprehensive Plan changes .
Things have so dramatically changed that if the Town had
preliminary site plan or subdivision approval now those projects
would have not been approved .
Councilwoman Harrison - Should the clause 6b , be included in this
local law ? 'Would the adoption of the Comprehensive Plan give
grounds for saying a project is null and void after ten years , or
would there have had to been a change in the zoning ?
Attorney Barney - The adoption of the Comprehensive Plan alone
probably could be argued in either way . One could argue that is a
change in the relative requirements , but you could also argue there
is had not been an accompanying change in zoning . While the
Comprehensive Plan is an indication of the direction the Town
wishes , until the zoning itself is changed it would not be
sufficient motivation . It is somewhat ambiguous , deliberately so .
Councilwoman Grigorov - All a developer would have to do is
resubmit the project and it would be approved again , and if the
developer cannot do that maybe it should not be approved anymore .
Attorney Barney - That is what this section is outlining . If a
developer could not get approval the second time , then they are not
entitled to an extension .
Councilman Niklas - If the Town Board does not like this time
limit , it should be changed now rather than waiting . The Town
Board should not make a recommendation to change - that time limit if
the Planning Board minutes where the argument was made regarding
the time limit .
TBM 3 / 13 / 95
Page 41 .
Councilwoman Harrison - How many subdivisions would be affected by
the enactment: of this local law ? _
Mr . Kanter - There are a few besides South Woods . There are some
if one lot is sold from the time of existence they would be exempt .
Councilman Niklas - There are some unfinished subdivisions which
have been around for forty years .
Attorney Barney - These subdivisions all have subdivision approval .
Councilman Niklas - The Auble property on South Hill is one of the
subdivisions which has only preliminary site plan approval and
would be affected by this local law .
Supervisor Whitcomb - Under the local law preliminary approval is
eighteen months , and final site plan is three years , and final
subdivision would be ten years .
Councilman Klein - In the course of developing large projects ten
years is not that long depending on the economic cycle .
Councilwoman 'Valentino - When the scenarios and discussions of how
long projects can take were held at the COC meeting , it did not
seem that ten years seemed too long .
Supervisor Whitcomb - Existing subdivisions would have ten years
from the enactment of this local law .
Councilwoman Harrison - The Board wouldn ' t have to give the
existing subdivisions ten years from enactment , because they could
be given ten years from the final approval date .
Councilman Niklas - That is not the way this local law is written .
Attorney Barney - You would want to give existing subdivisions some
reasonable period from the time this local law is enacted because
when they received the final approval this time limit was not in
effect . The could be given a time limit other than ten years .
Councilwoman Harrison - Did the Planning Board look at how long and
how many subdivisions there are with final approval which have not
been finished ?
Mr . Kanter - It was determined to be three or four subdivisions
meeting that criteria .
Councilwoman Harrison - Could the Town Board be provided with the
number and dates of those subdivisions ?
TBM 3 / 13 / 95
Page 42 .
Councilman Niklas - There may have to be a different time frame
formula developed for each of them . _
Councilwoman Harrison - If there are only a few they could be
looked at individually .
Supervisor Whitcomb - They could be dealt with by allowing the time
limit to be ten years from the date of approval , or five years from
the date of the enactment of the local law whichever is greater .
Councilman Klein - Are the unfinished subdivisions with time frames
of over 40 years being included ?
Attorney Barney - Most of them like Kendall Avenue has had enough
lots sold . Once the infrastructure is built in a subdivision this
local law would not apply . This local law is to address those
unfinished subdivisions where it is on " paper " and no progress has
been made , including two lot subdivisions .
Presently in the subdivision regulations the Town Board has veto
power . The are actually adopted by the Planning Board subject to
the approval of the Town Board , The Town is not even setting a
public hearing on the subdivision period of time . There are three
pieces of legislation , two are local laws and the other is the
subdivision regulation amendment .
Mr . Kanter - The subdivision regulations will be heard by the
Planning Board at their March 21 , meeting .
Attorney Barney - At the Planning Board public hearing there may be
changes . The Town Board would not need to hold their own public
hearing on the subdivision regulations unless they wanted to .
Councilman Niklas - The advice of the Planning Board on the
subdivision regulations should be followed even on existing ones .
Councilwoman c; rigorov - Agenda Item No . 25 , was discussed during
the case law seminar at the Association of Towns meeting . Does
this local la.w follow the new State law strongly enough ? The
seminar brought out that there has to be a strong nexus between the
park land , and the fees have to be justified with findings .
Councilman Niklas - Staff has done a superb in terms of looking at
the cross of properties and their zones . The evidentiary basis for
determining the fees is stronger than any documentation COC had
access to .
Attorney Barney - Agenda No , 25 , 2 ( b ) is parroting State law which
says that before the Town can require park land , whether in lieu of
fees or park land at all , the finding must be made that there is a
proper case exists in requiring other parks in areas of the Town .
TBM 3 / 13 / 95
Page 43 .
This section is extracted from the case law mentioned .
Councilwoman Grigorov - Is the burden of proof resting on the
municipality regarding this section ?
Attorney Barney - " Yes " .
Mr . Kanter - The other portion which is still missing is the parks
and open space plan update which will be ready soon . That is where
the need would be determined for park facilities .
Resolution No . 53 - Public Hearing Date : Motion made by
Councilman Niklas , seconded by Councilwoman Valentino authorizing
and directing the Town Clerk to advertise for a public hearing to
be held at the regular meeting of the Town Board on April 10 , 1995 ,
at 6 : 30 p . m . , in order that the Town Board may consider enactment
of a , " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ,
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Resolution No .. 54 - Public Hearing Date : Motion made by Councilman
Klein , seconded by Councilman Niklas authorizing and directing the
Town Clerk to advertise for a public hearing to be held at the
regular meeting of the Town Board on April 10 , 1995 , at 7 : 00 p . m . ,
in order that the Town Board may consider enactment of a , " LOCAL
LAW AMENDING 'THE TOWN OF ITHACA ZONING ORDINANCE FOR OPEN SPACE
RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS " .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda No . 26 :
Councilwoman Harrison - Are the fees in the agriculture district
based upon the amount the lots sell for in these areas ?
Mr . Kanter - It is based on an analysis of each of the zoning
districts by comparing actual sales . That is why the fees vary .
Councilman Niklas - These are the most recent sales .
Councilwoman Harrison - Was there consideration using the average
second dwelling addition in the particular zone in relation to the
local law which says if the number of the dwellings units cannot be
made it will be based on the number of approved building lots ?
TBM 3 / 13 / 95
Page 44 .
Attorney Barney - The Planning Board discussed that , and decided it
would not be possible unless a specific number could be arrived at
by using a fraction of percentages .
Councilwoman Harrison - It would be to someone advantage to say in
the local law that " cannot be readily ascertained " .
Attorney Barney - Except is would not be known when someone comes
in to pay the fee if they will be putting in an apartment ,
etcetera . If: you apply an average , it may or may not apply to a
particular subdivision .
Councilwoman Harrison - What is the average rate of second
dwellings ?
Mr . Kanter - In R15 it would be 30 % . If there were a more specific
regulation o ;= the second unit such as by accessory apartment
regulations by special permit , at that point the fee schedule could
be adjusted to have that apply to the second accessory unit when
that happened .
Councilwoman Harrison - The Town Board should remember to
reconsider that issue .
Attorney Barney - The reason the way the law is presently drafted
rather than changing it is because when you collect the fee . Do
you collect it from the developer when they sell the lot , or is it
collected from the lot owner when they apply for a building permit .
If they are getting a building permit there would be a good idea of
whether there would be an apartment or not , but when the developer
sells the lot it may be sold of the vacant lot and the intention of
the buyer may not be to build . The Town would still want to get
the fee at the time the lot is sold .
Councilwoman - Done the other way , in an R15 zone on the average a
certain percentage would build a second dwelling , therefore the
assessment would be the number of building lots plus the
percentage .
This local law is anticipating being short by 30 % in terms of the
population that is building .
Attorney Barney - If the measurement is strictly dwelling units
that would bE! correct . The Planning Board ' s reasoning was to
collect the money from the developer .
Councilwoman Harrison - The money could still be collected from the
developer , but a percentage basis could be added related to the
expected numbE� r of second dwellings .
TBM 3 / 13 / 95
Page 45 .
Attorney Barney - The fee is also related to the value of the land
which is independent of the number of units on the land . If you
are going to sell forty lots in a subdivision , if one was for a
park , 39 would be sold . There is a rational basis for relating the
fee to the number of lots .
Councilwoman Harrison - Why does the local law include , " sums to be
established cat the time of final approval even if the payment comes
later " ? It can only be assumed the monetary value will only go up .
If the developer has delays it would not be in the best interests
of the Town to have the developer pay what they would have paid a
long time ago .
Attorney Barney - That was included so the developer would have a
fair estimate of what the cost would be .
That is a choice of the Town Board . The other issue would be , is
it fair to a developer to bring in a subdivision and pay $ 1 , 000 per
unit for 40 units , have it follow the process and then when it
comes time to pay , the fee has gone up .
Councilwoman Harrison - With the ten years the cost of that could
have increased tremendously .
Attorney Barney - But the point is the Town would have had the land
if it had been taken , in lieu of .
Councilwoman Harrison - The land would have escalated in value .
What will determine when the Town collects the money ?
Attorney Barney - Building permits or sale of a lot .
Supervisor Whitcomb - The Board will revise the fee schedule to
keep up with the market .
Councilwoman :Harrison - The revised fee schedule would not apply
according to the way the law is written .
Attorney Barney - The fee schedule would not apply to an approved
subdivision .
Mr . Kanter - A developer wants to go into a project knowing what
their costs will be , and if there is a delay on how much the fee is
it would seem unfair . This local law will be extending out to the
multiple residence districts the ability to have park open space
set asides , which the Town has never had before .
Attorney Barney - A proviso can be made to address Councilwoman
Harrison ' s concerns , " the fee will that in effect if payment occurs
more than three years after final approval " .
TBM 3 / 13 / 95
Page 46 .
Councilwoman Harrison - If you pay the fee within three years that
is the rate , if it is paid in four years the new rate would be in
effect .
The Board instructed Attorney Barney to revise the local law by
adding his suggested proviso .
Resolution No . 55 : Motion made by Councilman Niklas , seconded by
Councilwoman Valentino authorizing and directing the Town Clerk to
advertise for a public hearing to be held at the regular meeting of
the Town Board on April 10 , 1995 , at 7 : 30 p . m . , in order that the
Town Board may consider enactment of a , " LOCAL LAW AMENDING LOCAL
LAW NO , 10 / 1994 , ESTABLISHING AMOUNTS TO BE PAID IN LIEU OF OPEN
SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS " . The proposed
local law shall include the amendments as discussed and agreed upon
by the Town Board ,
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional No . 1 - Attendance , NYS Wetland Forum :
Motion made by Councilwoman Harrison , seconded by Councilman Niklas
approving the attendance of Janet Hawkes , Chairperson of the
Conservation Board and Candace Cornell , Associate Member of the
Conservation Board at the Wetlands ' 95 conference on April 6 and 7 ,
1995 , in Syracuse , New York , at a cost not to exceed $ 274 . 00 , which
includes registration and meals ( $ 160 . 00 ) , lodging ( $ 69 ) , and
mileage reimbursement ( approx . 120 miles @ $ . 30 = $ 45 . 00 ) , charged
to account B8020 . 407 .
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Carried
unanimously .
Agenda Item Additional No . 2 - Ithaca Area Wastewater Treatment
Plant Design l? lans :
Mr . Walker - The process of rating the capacity of the Ithaca Area
Wastewater Treatment Plant is underway . There is a need for
modifications of the pumps , weir length , baffles , and tanks . An
additional 3 , 000 , 000 gallons per day capacity can be achieved by
implementing a contract with Stearns & Wheeler in the amount of
$ 48 , 000 to design the improvements . The improvements are expected
to cost about $ 500 , 000 .
OFIp
° 9 TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( h )
Participation Cornell CIVITAS Summer Work Study Program
Resolution No . 44 ( h )
WHEREAS , the Engineering and Planning Departments have budgeted funds to
cover the cost of student interns and have traditionally participated in Cornell
University summer work study programs to provide students with valuable work
experience while receiving technical support for Town staff ; and
WHEREAS , the CIVITAS Program provides student interns at a cost to the Town
of just 15 % to 250/0 of the full employment expense for these students ; now therefore
be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve
participation in the Cornell University CIVITAS Summer Work Study Program for the
period May 1 , through August 31 , 1995 at a cost not to exceed $4 , 000. 00 , charged to
account A1440 . 400 and a cost of $720 . 00 , transferred from account B8020 . 110 and
charged to account B8020 . 410 .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
qty OF 12v
TOWN OF ITHACA
2' 4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
04
WIN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( i )
Appointment Part-Time Secretary
Resolution No , 44 ( i )
WHEREAS , the Town Board approved the addition of a part-time secretary to the
Personnel and In ;� urance Department and allocated monies in the 1995 budget to
cover this position ; and
WHEREAS , the Selection . Committee interviewed five candidates for this position
and feels Ms . Sandra Newton possesses the necessary skills and experience to
successfully perform the duties outlined ; now therefore be it
RESOLVED , -the Town Board of the Town of Ithaca does hereby appoint Sandra
Newton as Part-Time Secretary to the Personnel Department for a standard twenty
(20) hour work week , at an hourly wage of $8 . 00 , charged to account A1430 . 100 ,
retroactive to February 22 , 1995 . Benefits are limited to the part-time status of this
position .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
�1y OF ITV
TOWN OF ITHACA
21 ¢4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
OWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 (j )
1995 Purchase of Services Cooperation Agreement - City of Ithaca
Youth Recreation Services
Resolution No . 44 (j )
WHEREAS , the Town of Ithaca and the City of Ithaca wish to enter into an
agreement whereby the City of Ithaca shall provide Youth Recreation Services to the
residents of the Town of Ithaca , including the residents of the Village of Cayuga
Heights , for the year 1995 ; and
WHEREAS , the Town Board and the Attorney for the Town have reviewed and
discussed the Purchase of Services Cooperation Agreement as presented by the City
of Ithaca ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby approves the
conditions and terms of the Town of Ithaca/City of Ithaca Purchase of Services
Cooperation Agreement relating to Youth Recreation Services ; and be it further
RESOLVED , the Town Supervisor is hereby authorized and directed to execute
the said agreemE� nt on behalf of the Town of Ithaca .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1p
a TOWN OF ITHACA
4' 04�21 126 EAST SENECA STREET , ITHACA , N . Y . 14850
jp WIN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273- 1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( k)
Attendance Seminar - Highway/Parks Superintendent and Secretary
Resolution No . 44 ( k)
WHEREAS , Fred Noteboom , Highway/Parks Superintendent and Gail Kroll ,
Secretary are employed by the Town of Ithaca and would like to attend a one day
seminar titled , " The Basics of Writing Policies and Procedures " ; and
WHEREAS , part of the Highway and Parks Department work plan priorities include
upgrading the Department ' s policies and procedures ; and
WHEREAS , the said seminar costs $ 139 . 00 each and is scheduled to be in
Syracuse , New York on May 10 , 1995 ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the
attendance of Fred Noteboom and Gail Kroll to the above said seminar; and be it
further
RESOLVED , 'that the cost of attending the said seminar shall not exceed $300 . 00 ,
and shall be expE: nded from the A5010 . 400 account .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF Ir
° _ 9 TOWN OF ITHACA
4, 21 044 126 EAST SENECA STREET , ITHACA , N . Y . 14850
�
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273 - 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 10 ( I )
Conservation Board Appointment
Resolution No . 44 ( I )
WHEREAS , there exists a vacancy on the Town of Ithaca Conservation Board due
to the resignation of Candace Cornell ; and
WHEREAS , Loren Tauer , .211 Eastern Heights Drive , Ithaca has expressed an
interest in serving on the said Conservation Board ; and
WHEREAS , the Conservation Board recommended to the Town Board at their
March 2 , 1995 the appointment of Mr. Loren Tauer to fill the said vacancy ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Mr. Loren
Tauer to fulfill the unexpired term of Candace Cornell on the Town of Ithaca
Conservation Board for a term of office commencing immediately upon adoption of this
resolution through December 31 , 1996 ; and be it further
RESOLVED , the Town Clerk is hereby authorized and directed to send a letter, on
behalf of the Town Board , to Candace Cornell expressing their appreciation for her
dedicated service to the Town of Ithaca as a member of the Conservation Board .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein ;, aye; Councilwoman Grigorov, aye; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 ,(� 1995_
Joan Lent Noteboom , Town Clerk
qty OF ITl.
° _ 9 TOWN OF ITHACA
21 044 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273 - 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 11
Town Justice ' s 1994 Dockets
Resolution No . 45
WHEREAS , Town Justice , Merton Wallenbeck has presented the 1994 Dockets to
the Town Board as required by Town Law; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby accepts for filing by the
Town Clerk the 1994 Dockets of Town Justice , Merton Wallenbeck for the year 1994 ;
and be it further
RESOLVED , the members of the Town Board as required by law shall sign and
date the said dockets .
MOVED : Councilman Klein
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF I Tv
9 TOWN OF ITHACA
21 044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 12
Contract - Tompkins County , Operating Expenses
Transportation & Human Services
Resolution No . 46
WHEREAS , Tompkins County wishes to renew a contract with the Town of Ithaca
to assist the Town in partially covering its operating expenses for transportation and
human services ; and
WHEREAS , the Attorney for the Town and the Town Supervisor have reviewed the
proposed contract and agree to the conditions and terms of payment in the said
contract with the exception of the indemnification provisions ; and
WHEREAS , the Attorney for the Town and the Town Supervisor have been
negotiating the removal of the said indemnification provisions with Tompkins County ;
and
WHEREAS , Tompkins County is unwilling to make the changes in the said
provisions desired by the Town ; and
WHEREAS , the Town of Ithaca , not withstanding such unwillingness , wishes to
have the agreement take place ; now therefore be it
RESOLVED , the Town Supervisor is hereby authorized and directed to execute
the said -contract with Tompkins County in form and substance satisfactory to the
Town Supervisor and Attorney for the Town ; and be it further
RESOLVED , the said contract shall provide for reimbursement to the Town of
Ithaca for transportation and human services for a total amount of approximately
$23 , 900 . 00.
MOVED : Councilman Niklas SECONDED : Councilman Klein
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov, aye; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
Joa ent Noteboom , Town Clerk
�1y OF I Tl'
° a TOWN OF IT ]HACA
� 2' o¢4 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 13
Authorization to Receive Bids for New Rubber Tire Excavator
Resolution No . 47
WHEREAS , the Town of Ithaca Highway Department ' s rubber tire excavator is
scheduled to be replaced this year ; and
WHEREAS , the money has been budgeted , the type of rubber tire excavator
needed has been researched and the specifications have been written ; now therefore
be it
RESOLVED , that on the recommendation of the Public Works Committee , the
specifications for the new rubber tire excavator be approved ; and be it further
RESOLVED , that the Town Clerk be authorized to advertise and receive bids for
the new rubber tire excavator.
MOVED : Councilwoman Valentino
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
1
Joan Lent Noteboom , Town Clerk
OF 1P
TOWN OF ITHACA
126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 14
Authorization to Bid the Judd Falls Road
Reconstruction Project
Resolution No . 48
WHEREAS , the Highway/Parks Superintendent has recommended that Judd Falls
Road between Tower Road and Forest Home Drive be reconstructed to improve
drainage and replace deteriorated pavement , and
WHEREAS , the Town Engineer has prepared Plans and Specifications and a
Construction Schedule for the reconstruction at the direction of the Town Board ; and
WHEREAS , Cornell University will participate in the project with respect to repairs
to the Pipe Arch through which the Plantations Road passes ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca authorizes the advertisement
for bid and the receipt of bids for the Reconstruction of Judd Falls Road .
MOVED : Councilman Conley
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF1r
TOWN OF ITHACA
n 44 126 EAST SENECA STREET , ITHACA , N . Y . 14850
4'4')p 41 o
WIN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 15
Approval of Payment - NYSDOT Utility Work Agreement
Resolution No . 49
WHEREAS , the replacement of bridges on Route 13 over Conrail , Cayuga Inlet
and Buttermilk Creek by the New York State Department of Transportation ( NYSDOT)
necessitated the adjustment of certain Town of Ithaca utility facilities ; and
WHEREAS , on November 10 , 1994 the Town Board of the Town of Ithaca
approved the Utility Work Agreement with the New York State Department of
Transportation ( NYSDOT) for completion of the water main betterment extension of
the Town of Ithaca ' s 12 " water main opposite Sta . BF 9+50+/- , 34' Lt . +/- and crossing
route 13 at CL Sta . 131 +27+/- , at a cost to the Town of $42 , 000 . 00 as an extension of
the 1989 Inlet Valley Water Improvements ; and
WHEREAS , the NYSDOT has notified the Town of Ithaca its total estimated share
in the said contract is $52 , 099 . 60 including bid items and 15% for Engineer &
Contingencies ; and
WHEREAS , the Town Engineer has determined the additional contract amount of
$ 10 , 099 . 60 is justified and warranted ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve the
payment of $52 , 099 . 60 to the New York State Department of Audit & Control for the
completion of the water main betterment as described ; and be it further
RESOLVED , the cost of the said water main betterment in the amount of
$52 , 099 . 60 shall be expended from account H8340 . 221 .
MOVED : Councilman Niklas SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye; Councilwoman Valentino , aye; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Carried unanimously.
DATED : March 13 , 1995
Joan Lent Noteboom , Town Clerk
OF 1P
TOWN OF ITHACA
21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 16
Authorization for Town Supervisor
To E= xecute Maintenance Agreement With Tompkins County
Downstream Forest Home Bridge
Resolution No . 50
WHEREAS , Tompkins County is preparing plans and specifications to replace the
downstream Forest Home bridge ; and
WHEREAS , an agreement to clarify the maintenance responsibility for a bridge on
a Town owned road is necessary; and
WHEREAS , a draft agreement has been prepared and a construction cost
estimate is pending from the County design consultant ; and
WHEREAS , the Town Board is willing to enter into an agreement with Tompkins
County for bridge maintenance assuming the costs are reasonable ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute a maintenance agreement for the downstream Forest Home
bridge , after consultation and recommendation from the Town Highway/Parks
Superintendent and the Town Engineer , and after review of the document by the
Attorney for the Town .
MOVED : Councilman Niklas
SECONDED : Councilman Klein
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conleit, aye . Carried unanimously.
DATED : March 13 , 1995 j
Joan Lent Noteboom , Town Clerk
fity OF 1P
TOWN OF ITHACA
21 �- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
S ��lr Y o4
WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 22
Agreement Cornell University - Pipe Arch Judd Falls Road
Resolution No . 51
WHEREAS , the Town is preparing to resurface the portion of Judd Falls between
Tower Road and Forest Home Drive ; and
WHEREAS , Cornell University is preparing to make repairs to their corrugated
metal pipe arch tunnel which carries the Cornell owned Plantations Road under Judd
Falls Road at the " Jug Handle " ; and
WHEREAS , it will be mutually beneficial to the Town and Cornell to have both
projects done under one contract , and both parties wish to cooperatively construct the
projects ; now therefore be it
RESOLVED , the Town Supervisor is hereby authorized and directed to enter into
a mutually beneficial agreement with Cornell University to cooperatively construct the
resurfacing of a portion of Judd Falls between Tower Road and Forest Home Drive ,
and to make repairs to the Cornell owned corrugated metal pipe arch tunnel under
Judd Falls Road at the "Jug Handle " , after consultation and review of the agreement
with the Attorney for the Town .
MOVED : Councilman Niklas
SECONDED : Councilwoman Grigorov
Supervisor Whitcomb , aye; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995�g._ �
Joan Lent Noteboom , Town Clerk
�Ty OF
a TOWN OF ITHACA
21 44- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
tWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704
Town Board Meeting 3/ 13/95
Agenda Item No . 23
Approval for Waiver of Review Fees
Cornell University GEIS and SLUD for Precinct 7
Resolution No , 52
WHEREAS , the Town of Ithaca Planning Board completed its review of the Cornell
University Generic: Environmental Impact Statement ( GEIS) for the proposed Precinct
7 Rezoning , and on June 7 , 1994 , recommended that the Town Board adopt the
proposed rezoning of Precinct 7 to a Special Land Use District ( SLUD ) ; and
WHEREAS , the Town Board on November 10 , 1994 , established a committee to
study the Planning Board ' s findings and recommended SLUD ; and
WHEREAS , it is anticipated that the committee will present its report and
recommendations to the Town Board in the near future ; and
WHEREAS , an analysis of the development review escrow account for Cornell
indicates that expenses exceeded deposits by $ 111 . 87 dating back to 1991 ; and
WHEREAS , Local Law No . 10 of 1994 , Section 2 ( 8) includes provisions for the
Town Board to waive review fees for good cause shown , and such cause may include,
but is not limited to , an extreme hardship to the applicant in paying for all or a portion
of the review fees , the benefit to the general community that would be provided by the
proposed project , or other unique or special circumstances which would warrant , in the
judgement of the Town Board , such a waiver ; and
WHEREAS , this project has been a cooperative venture between Cornell
University and the Town of Ithaca; and
WHEREAS , the project is close to completion and it would be desirable to close
out the development review account for this project ; now therefore be it
RESOLVED , mat the Town Board of the Town of . lthaca does hereby approve the
waiver of the $ 111 ,. 87 in review fees exceeding previous deposits relating_ to the
Cornell University Precinct 7 GEIS/SLUD account ; and be it further
Res . No . 52 - 3/ 13/95
Page 2 .
RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the
waiver of any additional review fees associated with the Town Board ' s review of the
Cornell University Precinct 7 GEIS/SLUD , and be it further
RESOLVED , that the budget account established for such purpose ' be closed .
MOVED : Councilman Klein
SECONDED : Councilwoman Grigorov
Supervisor Whitcomb , aye ; Councilwoman Valentino , nay ; Councilman Niklas , nay ;
Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ;
Councilman Conley , aye . Motion carried .
DATED : March 1 1995 nj
Vto
Joan Lent Noteboom , Town Clerk
ty OF 1T�
TOWN OF ITHACA
zi o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WIN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 -
Town Board Meeting 3/ 13/95
Agenda Item No . 24
Public Hearing Date - Amendment Zoning Ordinance
Expiration of Preliminary Site Plan Approval
Resolution No , 53
BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to
advertise for a public hearing to be held at the regular meeting of the Town Board on
April 10 , 1995 , at 6 : 30 p . m . , in order that the Town Board may consider enactment of ,
a " LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL" .
MOVED : Councilman Niklas
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , aye ;
Councilman Klein , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ;
Councilman Conley, aye . Carried unanimously .
DATED : March 13 , 1995
r N
I 'C.ctcrmti
Joan Lent Noteboom , Town Clerk