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HomeMy WebLinkAboutTB Minutes 1995-09-11TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIC�HWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 TOWN ,BOARD N�ETING September 11, 1995 5:30 p.m. AGENDA l. Ca11 to Order. 2. Pledge of Allegiance. 3. Reports of Town Officials: a. Town Supervisor b. Dire��tor of Engineering c. Town Highway Superintendent d. Director of Planning n � 5 e. Director of Building and Zoning f. Town Clerk g. Principal Account Clerk/Typist Report of Town Committees. ' �� 4 , : PLANNING 273-1747 ZONING 273-1783 Report of Tompkins County Board of Representatives. 6. Review of Correspondence: a. What.'s Your Beef of Ithaca, Inc. b. Cour.�try Club of Ithaca c. Assi.stant City Attorney, Certification Fire Fighters d. NYS Dept. of agriculture and Markets, Spay/Neuter Program e. Edward Austen, Chair - Zoning Board of Appeals 7. 6:00 p..m. - PERSONS TO BE HEARD. 8. Consent: Items - Consider resolutions approving and/or author:zing the following: a. b. c. d. e. f. g• h. Towii Board Meeting Minutes - 8/7/95, 8/28/95. TOWN OF ITHACA WARRANTS. BOL'.PON POINT Tn1ARRANTS . Recc�rds Management Disposition Listing. SPC�4 1995 Cat Control Services. SPC:� 1996 Dog Control Services Contract. SPC:� 1996 Cat Control Services Contract. Att�=ndance American Planning association Ann�ual Conference. Upstate New York i. Attendance Town Justice mandatory seminar. j. Appointment Government Access Cable Committee. k. Appointment Tompkins County Planning Board Federation. 1. Appointment Planning Intern. TB Mtg . Agen.da 9/11/95 Page 2 . � 9. 6:30 p.m. - PIIBLIC HEARING: To consider a, "LOCAL LAW AMENDING TOWN OF ITHACA LOC�L LAG�.. NiJN�ER 10 FOR THE YEAR 1994 TO ESTABLIS�H AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVA'I'IONS IN ALL RESIDENTIAL DISTRICTS" . 10. Consider SEQR related to a, "LOCAL L�AW AMENDING TOWN OF ITHACA LOCAL LPW NTJMBER 10 FOR THE YE�R 1994 TO ESTABLISH AMOUNTS TO BE PAID TN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDEN`rIAL DISTRICZ'S " . 11. Consider• enactment of a, "LOCAL L�P.W AMENDING TOWN OF ITHACA LOCAL LP..W Ni]MBER 10 FOR THE YEAR 1994 TO ESTABLISH AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE•RESERVATIONS IN ALL RESIDENTIAL DISTRIC'I'S" . 12. 7:00 p.m.. - Consider agreement with HOLT Architects related to acquisit:ion of a new Town Hall. 13. 7:34 p.ai. - Consider findings related to Cornell University Special Land use District. 14. Set Public Hearing date to consider Cornell University Special Land Use� District . 15. Considez• resolution endorsing Civil Service Classifications for employees of the Southern Cayuga Lake Intermunicipal Water Commissi.on, ( SCLIWC ) . 16. Set Publ.ic Hearing date to consider and adopt 1996 Water Rate Schedule�s . 17. Set Publ.ic Hearing date to consider and adopt 1996 Sewer Rate Schedule�s . 18. Considez• recommendation of Personnel Committee regarding 1996 sal.ary pool. 19. Consider recommendation of Personnel Committee regarding Grievanc:e Procedure Policy. 20. Consider Seven Mile Drive traffic problems and speed limit reductic>n request . 21. Consider petition related to Bundy Road speed limit. 22. Consider request from Zoning Board of Appeals member to decline salary. 23. Consider• resolution acknowledging Lead Agency status by the Town Boa�rd related to the Ithaca�e project. TB Mtg. Agenda 9/11/95 Page 3 . � 24. Consider request for use of South Hill Recreation Way for Walk- a-Thon. . 25. Consider resolution related to a Hazardous Materials Response Plan. 26. Consider authorization to enter Drug and Alcohol Consortium. 27. Solicitation of items for Fall Ne*asl.etter. 28. Consider ADJOURNMENT. � 2 3 Additional Agenda Items September 11, 1995 Consider� approval of purchase of"r for new Town Hall site. Considez� approval of August Financial Report. Set Publ.ic Hearing date to consider contract with the Village of Cayug�a Heights for fire protection services. 4. Considez• job description and Civil Service classification for Planning� Intern and Historian. 5. Consider• appointment of Part-time Historian. � Town of Ithaca Town Board Meeting September 11, 1995 5:30 P.M. At a rec�ular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York held at the Town Hall, 126 East Seneca Street, Ithaca, New York there were present: PRESBNT: Jahn G. Whitcomb, Supervisor; Karl Niklas, Councilman; David Klein, Councilman; Carolyn Grigorov, Councilwoman; Ellen Z. Harrison, Co�uncilwoman; Catherine Valentino, Councilwoman; Edward Conley, Councilman. ALSO PRESgN7'_ John Barney, Attorney for the Town; Joan Lent Noteboom, To�an Clerk; Daniel Walker, Town Engineer; Fred Noteboom, Highway/Parks Superintendent; Andrew Frost, Building/Zoning Officer; Sally Alario, Assistant Budget Officer; Jonathan Kanter, Town Planner; Tim Joseph, T.C. Board of Representatives; Barbara Blanchard, B:ristina Bartlett, Mark Macera, Phyllis Baker, John Wolff, Eva Hoffmann, Peter Voorheis, Eric Dicke, John Gutenberger, Bruce Brittain. Call To Orde:r_ The Supervisor called the meeting to order at 5:30 p.m., and 1e�3 the assemblage in the Pledge of Allegiance. Agenda Item :�Vo. 3- Reports of Town Officials• a. Town Supe�rvisor - See attached. I have highlighted a few items I would like to accomplish before the end of my term. Councilman K:Lein - Shouldn�t the Civil Service classification make people feel inore secure? Supervisor Wi�itcomb - When it is done it will. Councilwoman Valentino - The problem is we have nine will be taki�lg the.test and I know how they must feel. people who Supervisor Whitcomb - There are long term employees who thought they were secure due to their performance and are riow confronted with the thought of taking and passing a test. b. Director of Engineering - See attached. Judd Falls Road has been open to traffic other than during work hours since the 25th of August. Councilwoman Harrison - Is it closed during the normal work day? Mr. Walker - It should not be tomorrow if the guide rail work is finished. ThE� Cornell Police have offered to assist us in setting ' some speed cc�ntrols on the road with some additional enforcement. Councilman K7_ein - Do we need to fonnally request the enforcement? ; TBM 9/11/95 Mr. Wal'ker - It is Cornell�s jurisdiction and they have the authority tc� act. Councilwoman Harrison - In terms of the legality, can they enforce anywhere or only because it is contiguous? Mr. Barney - They can enforce the speed and other traffic regulations �n roads which are contiguous to the University. Since Judd Falls is contiguous to the University they do have jurisdiction •in this area. c. Town Highway Superintendent - See attached. d. Directo:� of Planning - See attached. Staff looked at the Carroccia property in relation to zoning and comprehensive planning issues. It was detennined an adjustment on the water and sewer assessments�aas not warranted at this time. The Town Engineer sent a letter to the Carroccia's indicating staff�s decision. I have been contacted by Mr. Monkmeyer who will be requesting rezoning from the Town Board in the near future. It appears he will be propc�sing a development near College Circle on Danby Road. The land is <.urrently zoned R-9 and used for student housing. They will be look:ing for either a special land use district or some commercial �:oning. It is my understanding he would like to convert the ;�tudent housing in to a retail commercial development. I am sure i�here will be a lot of questions and discussions surrounding �the issue as it develops. e. Director of Building and Zoning - See attached. I have been pursuing the possibility of obtaining identification cards for Town employees. We have discussed going through the Sheriff's Department arid utilizing their identification cards. We discovered if we were tc� do this it would require fingerprinting. f. Town Cle:ck - See attached. g. Principa:L Account Clerk/Typist - See attached. Councilman K:lein - How much money is in the capital reserve fund for the new building? Ms. Alario - I believe we have approximately $1.6 million. Agenda Item P10 . 4- Report of Town Committees • Councilwoman Harrison - The Cornell SLUD is on the agenda for later and I will discuss it at that time. Councilwoman Grigorov - No report. 2 TBM 9/11/95 Councilman Klein - The Public Works Committee met August 31st and the minutes will be forthcoming. The Drug and Alcohol Testing agreement with the County will be discussed later in the meeting. Councilman N'iklas - The Codes and Ordinances Committee met last week however there was no quorum. We discussed a number of items which we will further discuss this Wednesday, September 13th. Councilwoman Valentino - There are a couple of agenda items tonight from �the Personnel Committee. The County Cable Commission has circulated a draft franchise for the Town to review and I have forwarded a copy to the Attorney for the Town as �aell. The Recreation Partnership will meet this Thursday and will be discussing v;�rious programs and budgets. Agenda item No. 5- Rez�ort of Tom�kins Count� Board of RQ�resentati�es: Tim Joseph, `C.C. Board of Representatives - We are in the middle of our budget process with the County's finances in better shape than they ha��e been for a number of years. Councilman K:1ein - It seems the curbside pick up has expanded in terms of the items we may now recycle and it appears no one seems to be aware. There should be something in the media to alert the residents of the additional items which can now be recycled. Barbara Blanc;hard - I had the opportunity to tour the Solid Waste Facility and closed landfill with the new Regional Director of Environmenta]. Conservation on Friday. We were shown revenues generated frc�m the Solid Waste Facility and it was truly amazing. It is showi:ng a profit which should eventually result in a reduction in the annual fee. The actual numbers are readily available upon request. Councilwoman Valentino - Has the funding for the Recreation Partnership Y�een approved? Mr. Joseph -� It has passed the Human Service Committee with approval from the Budget and Finance Committee. It will now need the approval from the full Board. Agenda Item N'Q_. 6- Review of Correspondence• a. What's Yo�ir Beef of Ithaca, Inc. - Notification for renewal of liquor license. E� TBM 9/11/95 b. Country Club - Notification for renewal of liquor license. c. Patricia M. Kennedy, Assistant City Attorney - Certification of Fire Fighte�cs: Expressing her opinion that there seems to be sufficient l.egal basis to support the decision to certify a joint City/Town li.st for fire fighters. d. NYS Depa��tment of Agriculture and Markets, Spa�r/Neuter Program- Raising the fees for dog licenses by $3.00. Mrs. Noteboc>m - We have a different fee for unspayed/unneutered dogs with tYie additional funds remitted to the State which would supplement a spay/neuter program. I thought it interesting they are now raising the fee another $3.00. e. Edward Austen, ZBA Chair, Resignation - Mr. Austen has submitted his resignation from the Zoning Board of Appeals effective De�cember 31, 1995. Resolution No. 156: Motion made by Councilwoman Grigorov, seconded by Councilma�n Niklas authorizing and directing the Town Supervisor to send a let:ter to Mr. Austen expressing the Town Board's grateful appreciation.for his longstanding dedicated service to the Town of Ithaca and its residents. A vote on th.e resolution resulted as follows: Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Councilwoman Grigorov - By the next meeting could we have a list of both Planning Board and Zoning Board members whose terms expire? Mrs . Noteboo�:n - I have the lists already prepared and plan to bring them to you in October. Councilwoman Grigorov - On page five, the first line of the August 28, 1995 meeting, the word "fault�� should be "bulk��. Aaenda Item No. 8- Consent Items: Supervisor w'hitcomb - We are going to defer agenda item 8-i and item 8-1 until later in the meeting. Item 8-i will be additional agenda item #6. Resolution No. 157: Motion made by Councilman Niklas, seconded by Councilwoman Harrison approving and/or adopting the Consent Agenda items resolution numbers 157 (a-h, j,k) as presented. � � TBM 9/11/95 Mrs. Noteboom - Agenda Item No. 8-b is amended to add a budget transfer from A1990.4 Contingency to A3520.4 to fund this expense. Mrs. Alario - The 1996 Dog and Cat contracts have the due date of payments as the lOth of each month. The Board might want to consider cha.nging the payment date to the 15th of each month as some of our meetings occur after the lOth. Supervisor Whitcomb - With the amendments so stated ... A vote on the� resolution resulted as follows: Supervisor Wtiitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye. Carried unanimously. Resolution N,�. 157(a): Approval and adoption of the official minutes of the Town Board for the regular meeting held on August 7, 1995 and amending page 5, paragraph 2, first sentence of the August 28th Special Meeting, changing the work fault to bulk. Resolution No. 157(b): Authorizing payment of said vouchers as numbered and listed for the Town of Ithaca. Resolution Nc�. 157(c): Authorizing payment of said vouchers as numbered and listed for Bolton Point. Resolution Nc�. 157(d): Authorizing and directing the Records Management Of'ficer to dispose of the records as described in the listing presented according to the procedure developed by SARA. Resolution No. 157(e): Authorizing the payment of $1,959.00 to the Tompkins County SPCA for providing cat control services to the Town of Ithaca in 1995 and authorizing a budget transfer. Resolution No. 157(h): Approving the attendance of JoAnn Planner, and Candace Cornell, Planning Board Member at Upstate New Y'ork Chapter Annual Conference on September 29th, 1995 in Buff alo, NY. Resolution No. 157�,j): Appointing Pauline serve as the 'I'own of Ithaca representative o Cable Committ��e (GACC) for a term of office through December 31, 1995. Resolution Nc�, 157 (k) : Approving the Cornell to serve on the Tompkins County Cornish, the APA 28th and Layton to continue to i the Government Access commencing immediately appointment of Candace Planning Federation. TBM 9/11/95 Agenda Item No 15 - Consider Resolution Endorsing Civil Service Classifications for Employees of the Southern Cay�ga Lake Intennunicip��l Water Commission. (SCLIWC) : Supervisor Whitcomb - Bolton Point is following the Town of Ithaca's foot:steps to come into compliance with the Civil Service Commission . Resolution Nc>• 164: Motion made by Councilman Niklas, seconded by Councilman K:lein acknowledging the resolution enacted by the Southern Caytiga Lake Intermunicipal Water Commission on August 3, 1995 entitleci ��Appointment to Positions Pursuant to Civil Service Laws." A vote on thE� resolution resulted as follows: Supervisor Wtiitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried Agenda Item No 16 - Set Public Hearing Date to Consider and Adopt 1996 Water R<�te Schedules : Mr. Walker - I am anticipating a water rate increase from Point as wel:l as a need to request a sewer rate increase to additional costs to the Town. Resolution Nc�. 1 5: Mot Councilwoman Harrison au advertise fo�_ a public h Board Meetin�3 on October Law to amenci Local Law schedule effective Janu other fees ctiargeable to Bolton cover ion made by Councilman Niklas, seconded by thorizing and directing the Town Clerk to earing to be held at the next regular Town 2, 1995 at 7:45 p.m. to consider a Local #2, 1976 by adopting a new water rate ary 1, 1996 for water rates, charges and consumers of water in the Town of Ithaca. A vote on th�� resolution resulted as follows: Supervisor Wlzitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried Agenda Item lJo. 17 - Set Public Hearing Date to Consider and AdoBt 1996 Sewer R;ate Schedules: Resolution Nc�. 166: Motion made by Councilman C'onley authorizing and advertise fcr a public hearing to meeting of t:he Town Board on Monday 0 Councilman Niklas, seconded by directing the Town Clerk to be held at the next regular , October 2, 1995 at 7:30 p.m. TBM 9/11/95 to consider sewer rents January 1, �i Local Law i.n the Town 1��96. amending Local Law No. 6/1986 to increase of Ithaca Sewer improvement area effective A vote on thE� resolution resulted as follows: Supervisor WYtitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. • aye; Councilman Grigorov, aye; aye. Carried Councilwoman Harrison - It would be nice to have the documentation significantly� in advance of the mail out. Mrs. Noteboom.- I will do the best I can to get them to you as soon as possible. Dan, Sally, Betty will meet to discuss the rates. It will then go to the Attorneys office to have the amendment of the Local Law wr:Ltten. Since it is a local law it must be in your hands at least 10 days prior to the meeting. Mr. Walker -� When does the Commission intend to act on the increase? ��� Supervisor Wh.itcomb - They will continue their meeting on September 18th. Mr. Walker - We could anticipate what their rate will be based on what they are projecting. Supervisor Whitcomb - The Executive Director is projecting approximately a 2% increase in the rate however not yet passed by the Commissio.n. Mr. Barney -]:f we are talking about the October 2, 1995 Town Board meeting and the Commission meeting on September 18th, we are cutting the t.ime very close. Supervisor Wh:itcomb - Would you anticipate a Town rate increase if there were no�t a Bolton Point increase, Dan? Mr. Walker -]: believe our water revenues are supporting our water budget adequai:ely however it is better to increase gradually. My philosophy wc�uld be an attempt to keep the rate increases consistent wi�,h the cost of living which is 2o to 3a. The sewer ratz needs to be higher possibly by 5o due to the needs. Our expenses for s;ewer are far greater than our revenues at this point . We have signii°icant projects which need to be done. Mrs,. Noteboo�:n - The Town Board needs to adopt their tentative budget as the:ir preliminary budget no later than October 5th and 7 TBM 9/11/95 that is�why our meeting is scheduled for October 2, 1995. think we cou:Ld have the numbers by September 22nd? Mr. Walker - Definitely. Agenda Item P�, 7- PERSONS TO BE HEAR.D : No one preserit wished to speak at this time. Do you AQenda Item No. 18 - Consider Recon4nendation of Personnel Committee Recrarding thE� 1996 Salarx Pool: Councilwoman Valentino - The committee is recommending the salary pool not excE�ed 5o this year. We would like� to meet with the entire staff to explain the concept of the new c:Lassification system. we are proposing a meeting on September 26, 1995, closing Town offices from 11:00 a.m. to 1:00 p.m. so all E�mployees may attend. We would order pizza and soft drinks, which.Department Heads have graciously offered to f inance. I agreed to 1:.alk to the Town Board to see if they would also be willing to donate. The feedback we get from staff at this meeting will enable u:s to make final changes in the classification system and salary ra.nges if needed. Councilman Klein - How did you determine the 5s? Is that 50 of the entire salaries? Councilwoman Valentino - It is 5% of what the gross salaries are at this point. Part of the increase in the new system takes into account a mild cost of living increase. I factored in a 2a increase for cost of living for this year even though the cost of living is a little more. The remaining 3o is for raises and adjustments to salaries to bring them in line with the system. We are confident we can accomplish this within the 5°s salary pool. Resolution No. 167: Motion made by Councilman Niklas, seconded by Councilwoman Grigorov that based on a recommendation from the Personnel Committee the total amount of money available for wage increases and adjustments shall not exceed 5% of the present gross salary pool for the year 1996. A vote on the resolution resulted as follows: Supenrisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. : aye; Councilman Grigorov, aye; aye. Carried TBM 9/11/95 Councilwoman Valentino - We have worked on implementing a procedure for the employees which will be fair, move quickly and deal in a more timely �aay, with problems they might have. I question the first standardized procedures disputes whic:h may arise there are otr�er types of for the fair and prompt sentence where it states "to provide for the fair and prompt resolution of between supervisors and employees". Since disputes I feel it should read "procedures resolution of employee grievances". The other quE�stion was regarding the sexual harassment exception. Can we legal:Ly do this on these types of problems? It states to notify the Town Supenrisor for investigation. This does not give people an opt:ion to deal with a very uncomfortable situation. Mr. Barney - The Town has some liability if the Town does not take action when the Town becomes aware of any form of improper discrimination. The reason this is typical of the grievance procedure is it gets the attention of the person who has the responsibilit:y for rectifying the situation. I don't know that this would necessarily preclude a less formal grievance process however the object is to inform the Town Supervisor there is a claim which has been filed. Sexual harassment is a fonn of improper discriminatic�n . Councilwoman Harrison - Is there opportunity to include the Deputy Supervisor i�z the absence of the Town Supervisor. It is very uncomfortable� to talk to someone you are not comfortable with. Councilwoman exception. exception t< inclusive. Valentino - Maybe the problem is with the word It makes it sound like this type of problem is an the grievance procedure where it should be more Councilwoman Harrison - The reason we went through this procedure was we did nat want people going through the Supervisor. we want a procedure f��r resolution at lower levels. This is an exceptional situation. Mrs. Noteboom - I suggest we change it from the Town Supervisor to the Attorney� for the Town. Most people would equate the confidentiality with an attorney. The attorney would be obliged to ensure the complaint would be followed through with. Councilman Ni.klas - My concern with this would be the issue of where the Tow:n Attorney's loyalties for confidentiality lies. The person coming to the Town Attorney is not the attorney's client. 0 TBM 9/11/95 The Town is the attorney's client. I think Town Supervisor or Deputy Town :>upervisor should be the contact. Supervisor Whitcomb - We will add the words "or Deputy Town Supervisor" t:o the section. Councilman Complaints, attempts at and have it accomplish.. rfiklas - Where it covers Fonnal Resolution of :it states " in the occasional instance that infonnal i-esolution fail��, I would delete the first five words say "should informal attempts at resolution fail to � Mr. Barney -• The significance encourage thE�m to be occasional of the language situations. is to try and Resolution Na. 168: Motion made by Councilman Niklas, seconded by Councilwoman Harrison adopting the Grievance Procedure Policy as presented and approved by the Personnel Committee and that the policy shall be added to the Town of Ithaca Personnel Manual as a replacement f'or the Problem Resolution section, page 12. A vote on the� resolution resulted as follows: Supervisor Wh.itcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, < unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Acxenda Item No. 23 - Consider Resolution Acknowledging Lead AgencX �v the Town Board Related to the Ithacare Project: Mr. Kanter - The proposed resolution you have before you indicates the Town Board's consent to allow the Town Planning Board to be the lead agency :in the review of the Ithacare Environmental Impact Statement. 7'he Planning Board had referred the EIS to the Town Board fonnally and I have since received comments from Councilman Klein and Couzicilwoman Grigorov which are included in the materials you have this evening. The Planning Board will be addressing this issue at their September 19, 1995 meeting. Mr. Barney - The critical parts of the resolution are the last three paragr��phs. In The first paragraph the Town Board is concurring in and consenting to the Town Planning Board as being the lead agen<:y for the review of the DEIS . The second one relates to the Town Board acknowledging receipt of a copy of the Environmental Impact Statement and the third is this Board stating it has no corriments to make other than those made by individual members to th�= Town Planner. 10 TBM 9/11/95 Councilwoman Harrison - The intent is for us to do the discussing as much as possible now in order to avoid revisiting this over and over again. My understanding is any comments we had would be forwarded to the Planning Board to assist them in their deliberations. Mr. Kanter - And also to consolidate the SEQR process. Mr. Niklas - It seems Councilwoman Grigorov and Councilman Klein think alteriiative B-3 is the most desirable out of the ones presented. Mr. Barney - After ��lead agency" in the second line, I would suggest add=�ng ��for purposes of SEQR review�� to alleviate any concern this Board might have. Supervisor Whitcomb - Does this Board wish to make any additional comments as a Board or are comments as individual members sufficient a.t this point? Councilman :[�iklas - I ask if the Board comfortable endorsing the opinion that B-3 is the case then we may as well say so and to the Planr.�ing Board . as a whole would be is preferable? If that it would be very clear Councilman R:lein - It would be clearer than just th.e two comments received. Councilman Niklas - I agree with Councilwoman Grigorov's and Councilman F:lein's comments. Councilwomari Grigorov - Eva Hoffmann had another plan which came in after everyt:hing was done. Councilman rTiklas - Of the plans submitted, is B-3 preferred? Mr. Kanter -� To clarify the visual of this option, you have a hand out which ir.�dicates the position of the modified B-3, which is Eva Hoffmann' s ��roposal . Councilwoma�i Grigorov - B-3 is different. If you use B-3 instead of the pro��osed and move it, she has found.another possible solution. Councilwoma�i Harrison - Do you understand how the Hoffmann proposed lo��ation would relate to what is in the EIS? Mr. Kanter - The downhill alternative in the EIS, described verbally, w•as a more extreme version and a slightly different version of the modified B-3 we are talking about. We have 11 TBM 9/11/95 discussed wit�h Ithacare, the question of further analysis of the modified B-3,, which would be provided as a response in the final EIS. Supervisor W3iitcomb - What is the status of the Hoffmann proposal presently? Barbara Blanc�hard - The status with the Hoffmann alternative now is we have drafted some views of the proposal and have forwarded them to the <�rchitects and engineers for analysis of how it would play on the :;ite and what the impacts would be . We are waiting for their respon;�e. In addition to the physical concerns, we are also interested i�z what kind of impacts or changes it would have on the Ithacare proc�ram. This is being addressed by Ithacare management. We are givinc� this a hard look and also looking forward to getting a full list of other concerns which staff may need help with in completing t:he Final Environmental Impact Statement (FEIS). Councilman K:1ein - Do you know if the alternative would affect the sewer? This was one of your concerns as you moved it down the hill. Ms. Blanchar�3 - A definite impact we already know. much of a prflblem with the B-3 but is manageable. It is not as Mark Macera - The issue of moving the building to the west was addressed briefly and in detail. The current location moves the building as :Ear west as we can move it before it addresses a whole number of pot:ential problems, sewer, cost, and a very modest issue, impact on the wetlands, the question of the forests in back, additional dE�triment to the environment, in terms of infrastructure and roads. It created that jump from the point where this attempted to address all the issues the Town addressed in the scoping docu�nent to then violating some of those at some level. The Hoffmann version now addresses some that. For example, if we drop from the current location more than one foot, we have to go in to an ejector system for the sewer. The current location does that for the lowest level of units so it is only a modified version, I believe 14 units. Moving it further down, the analysis will address the details of the entire 160 units, would have to then be pumped. That is just one consideration of many and a small one at that. Councilman alternative, anything at :IJiklas - I can see after discussing the other it might be ill considered for the Board to endorse this point. Resolution No. 171: Motion made by Councilman Niklas, seconded by Councilwoman, Valentino, concurring and consenting to the designation of the Town of Ithaca Planning Board as lead agency for purposes of ;3EQR review with respect to the application of Ithacare 12 TBM 9/11/95 for site pl<�n review and possible amendment of the local law creating Special Land Use District No. 7. The Town Board also acknowledges receipt of a copy of the Draft Environmental Impact Statement prE�pared by Ithacare and the Town Board has reviewed such Draft Fnviro�zmental Impact Statement and individual members of the Town Board wi_11 (or have) communicated comments on same to the Town Planner by t:he end of business September 12, 1995. Councilwoman Grigorov - Does this mean we will not be able to speak later as a B��ard if we pass this resolution? Mr. Barney - This really only addresses the SEQR process. Either alternative B-3 or modified B-3 is the recommended choice by the Planning Board. It will come back to this Board and at that time the merits will be addressed. The issue is whether this Board feels there is sufficient information in the draft EIS from which you can makE� the analysis and if you teel there is insufficient information, now would be the time to ask for more information. The staff's suggestion to Ithacare is we need a more detailed analysis ot the modified proposal. Councilwoman Grigorov - Is there a time limitation for comments? Mr, Barney - I am not sure whether one could say this was or was not within the scope. Part of the scope was to examine alternatives and this is an alternative suggested during the public comment period. The public comment period is now closed except for this Board. As a practical matter the choices are down to these two. Councilwoman Harrison - All Planning Boa.rd as the lead issues, as C'ouncilman Klein few I would like to raise, considered in this process. we are doing is referring this to the agency. The hope is if we have any has raised in his memo, and I have a that we raise them now so they are Mr. Barney - It is really for information and not t]he issue of is this the be:st choice. That could be determined and debated at length when it comes back to this Board. Does this Board have sufficient information regarding the environment in order to hold those discussions? Councilwoman Harrison - The EIS proposes nothing in the way of detaining storm water and yet we thought there was policy in the Town to try .and require no net increase in peak flows down stream. I concur with Councilman Klein in that I would expect to see some mitigation on retention. This is a 2.6% increase in the ten year flow. To me any increase goes against our policy and we should not promote that. 13 TBM 9/11/95 One of the things regarding the long term plan of the site is another issue. There is discussion on potential future development of park lancls etc... I asked Mr. Kanter if we were talking about a permanent reservation of any of the rest of the site in an open condition a�id he responded by saying not necessarily. There is nothing in this proposal which would reserve land in an open condition. I found that a bit misleading. Mr. Barney -� Each site plan has to be approved. So at the moment the only site plan being approved is which ever one is agreed upon. Any further revisions under the legislation has to come before the Planning Bo��rd and The Town Board. Councilwomari Harrison - How many acres is the "site"? Mr. Barney - The site is the entire district which is approximately 28 acres. Ttie SLUD allows one building without further amendment. Other than �ariting something into the constitution at the moment everything E�lse is open space. Councilwomaii Harrison - Is it possible for us to get a better understandiiig of the intentior�s here? If the intention is the remaining ac:res will remain open, which is somewhat imp�.ied in the EIS, then wE� should pursue a conservation restriction on the land which would make it more than an implication and something which could not bE� easily changed in the future. If there is an intent here to pre:7erve it then let's write the intent. This is written in a way which leads me to believe this is the intent, as it talks about the d.eer trails, �rossings, etc., and yet I read further about pote:ntial future development presuming it will be on this site. This :�hould be clarified. Mr. Kanter �- It was never the intent to permanently s�t aside the additional ��creage on the site as open space. There have been some thoughts of what could be built on the additional land however there have riot been any actual proposa�s. In the discussion of the SLUD, it wa.s understood that at some point in the future there might be sorne form of development on that piece. Supervisor Whitcomb - Our role here tonight is not to debate whether or not there should be permanent reservations of open space. It :Ls simply to raise the issue so they are a part of the record. Councilman Zliklas - I am concerned about that, not from the point oi view of r.estricting comments tonight but in terms of what it is doing to the� third resolution. If we want what others are saying to be formally part of the acceptance of the resolution then logically "Be it resol,ved" is no longer correct. If we accept the resolution as it is written, concerns of ours would have to be communicated 14 TBM 9/11/95 directly to t:ne Town Planner and to the Town Board, not through the vehicle of the minutes of this meeting. What I would like to do is accept this :resolution so I can direct my comments to the Town Planner and t.he Town Planning Board. Councilwoman Harrison - It is clear to me there are a few issues which we have mentioned, such as the location of the modified, storm water issue not resolved, etc... Mr. Barney - Any comment raised either by this group, collectively or individual.ly or any member of the public has to be considered as part of the :>EQR Final Environmental Impact Statement. Supervisor Wl.litcomb - We could change the last sentence where it says "except for those comments made by individual members to the Town Planner as referred to and as reflected in the minutes of the September 11, 1995 meeting". Councilwoman Harrison comment as a body" ? - Why can�t we say ��and at this time has no Mr. Barney - The referral to this Board was for comment with a request for �omments to be returned by September 12, 1995. Councilwoman Harrison - Do we not agree with Councilman Klein's storm water comment? Councilman Niklas - we do not have to agree. The resolution as presented says each of us individually... Councilwoman Harrison - We have a policy we have adopted which deals with storm water. Supervisor Hfhitcomb - Councilman Klein has raised that issue in writing therefore it is a part of the record. Councilman Niklas - If we accept the resolution as presented, it allows Councilman Klein's or anyone's comments to go individually. I would like� to move the resolution with the understanding all of the comment�; will be communicated to the Town Planner. Councilwomar.� Valentino - Is Councilman Niklas correct is saying all comments would go to the Town Planner and then back to the Town Planning Bo<<rd? Mr. Barney - Yes. The Planning Board is duty bound under the SEQR process to look at all comments received on the DEIS and as part of the Final Erivironmental Impact Statement, produce responses. 15 TBM 9/11/95 Councilman Ni.klas - If the Town Planning Board should, under extraordinary circumstances, choose to ignore Councilman Klein�s comments and is returned to this Board, can we as individual members of the Board, opt to disallow the recommendation from the Planning Board? Mr. Kanter -'I'he purpose of doing this tonight is when the Planning Board assembles it's Final Environmental Impact Statement, when and if it came b��ck here for further action, the Town Board would be able to sign•on to the Planning Board's findings. If the Town Board does nat accept the findings of the Planning Board then this Board would x>e in a position to indicate reasons why. Councilman N:Lklas - For the record, I agree. I feel Councilman Klein's commE�nts are accurate. Councilwoman Harrison - What is the significance of "at this time has no commeiit"? Mr. Barney - It is saying as a body this Board has not specifically voted by a m<3jority vote on a specific set comments and that this body as a whole is not speaking but individually. It has no significant c3ifference at this time. Councilman Klein - I do not want to go over every item I have talked about however the last "Resolved�� seems to weaken it . I read it as tlze Board is not making any comments but here are a few individuals' comments. I want the Board to take our comments seriously an�l the way it is worded it does not seem strong enough to request t�he Planning Board to give serious consideration to them. Councilman Niklas - Why don�t we say ��Resolved, the Town Board has reviewed such DEIS and will communicate the comments of individual members of the Town Board to the Town Planner". Councilman K:lein - When? Mr. Barney - That is part of the problem. The Planning Board stated comments wer•e to be submitted by September 12, 1995. Councilman rdiklas - Then we can say by 5:00 p.m., September 12, 1995. We sk�ould strike the phrase '�and has no comment as a body" as the decla.rative statement is we will communicate our individual comments to the Town Planner by 5:00 p.m., September 12, 1995 and we have commented for the record. Supervisor D�hitcomb - So it is understood those who have comments will commundcate them to the Town Planner by 5:00 p.m., September 12, 1995. 16 TBM 9/11/95 Mr. Barney - The amended resolution would read in "RESOLVED" dr��pping everything after the phrase "DEIS" "and individ�ual members of the Town Board will communicated comments on same to the Town Planner by business September 12, 1995". A vote on the amended resolution resulted as follows: Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye;�Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. the last and insert (or have) the end of aye; Councilman Grigorov, aye; aye. Carried Agenda Item No.9 - PUBLIC HEARING• To Consider a"LOCAL LAW AMENDING TOWI�f OF ITHACA LOCAL LAW NUMBER 1Q FOR THE YEAR 1994 TO The Supervisor opened the public hearing at 6:30 p.m. Clerk had proof of posting and publication. The Town Phyllis Bakez� - Our family owns Swayolaken Farms on Bostwick Road. I am sure triat unless you are a farmer you do not realize the tremendous impact these fees would have on agriculture in the Town of Ithaca. :C obtained a draft of the resolution today. It looks to me I shou�d also have had the revised Law 10 or what ever so I may have some questions about this. When I read this over it looked to me like the Board had a lot of latitude in how it imposes these fees fc�r recreational land. I am sure you all have the best of intention:� . We would like to request the Board explicitly exempt agriculture land from these fees. If I understand this, if one owns 100 acres of land and it is assessed for $2,000 per acre and one would li:ke to deed one lot off, one would have to pay 100 of the value of the whole piece of land. Is that right? Mr. Barney - You do need the prior legislation to understand the chronology. The first piece of legislation requires the Planning Board to make a determination if a proposed subdivision creates a need for parlt land. Most often if it is a one lot subdivision out of a large ��iece and the need has been found not to exist . If there is a determination the need exists for additional park land due to a pro��osed subdivision the next question is how is the need to be met? O:rdinarily it is met by the dedication of land for that purpose. If there is a need for a park and there is no suitable land in the subdivided area then the issue of a fee is discussed. In the third scenario, the fee is calculated in accordance with the formula. You will also see in the proposed legislation there is a provision wh.ich says if this formula results in an amount that on its face apF�ears to the Planning Board to be too much, they have the option of coming back to the Town Board to recommend a reduced 17 TBM 9/11/95 fee. The app].ication of this law to the Town of Ithaca will occur very rarely. The first two hurdles will be difficult to get over before you geL to the point of requiring a fee. Councilman Ni]tlas - To show there is a need for recreational space would imply ntimerous dwelling units or fairly large subdivisions. Mrs. Baker - I have not been able to find where in this law what constitutes "a need" is specified. Councilman Niklas - It is not specified anywhere. Mr. Barney -:It is specified in a number of different court cases. You look at e��ch individual circumstance and make a judgement based on what the c�ourts in the past have said. It would be difficult for me to sustain, on the Town�s behalf, a requirement the Bakers dedicate 10 a��res of land when they are selling off one acre out of a 100 acre p��rcel for an additional park, the need for which is created by tY:�e dedication of 1 acre unless the Bakers decided to build a forty story high rise apartment. Mrs. Baker - It looks to me as if it is very open ended and there is a lot of apportunity for inequitable application of this. Supervisor Wr�itcomb - It could be subject to l00 of the value of the entire pa.rcel. Mr. Barney - It is the parcel being subdivided. Councilman Ni.klas right to takF� 10 0 law, should _�t be accepting lar.id we - The Town has always had within of the land. The only difference adopted, and the current policy, would accept the value of 10a. its purview a between this is instead of Mrs. Baker -• Was there not a recent Supreme Court ruling on recreational land specifically which said localities could not take it by eminent: domain or what ever the process is called? Mr. Barney - The Town can always take it by eminent domain but they would h��ve to pay for it. There have been a series of cases which indicat:ed that a taking occurs in some circumstances where a Town zones a:n area in such a way or requires dedication of land without compe�nsating someone for it . As I said, we have to look at a particular set of circumstances and detennine if it fits in the areas bound t�y the rules of those cases . Mrs. Baker - I don't feel we as farmers can stand any more. Our farms are reridered unsellable, we can not make a living holding on to them, and our net worth declines every year. There will reach a point when there will be no agriculture in the Town of Ithaca . TBM 9/11/95 What will hap��en to all of this farm land? Considerations must be given to agriculture. I realize in this day and age very few people realize what is going on in agriculture. Each one of these things moves t�s closer to imported food and this j ust happened with tomatoes. Everyone is fat and sassy now because food is cheap but I am afraid various forms of legislation will put a halt to agriculture. I realize you have been generous in your waivers before but an�ything you can do would be appreciated. The Chair of the T.C. Fa�_mland Protection Committee found out about this proposed legislation from me this afternoon. She is supposed to be consulted on all matters relating to agriculture and has not even been contacte:d. Councilman Niklas - In all fairness, this law is not targeting agricultural land. Mrs. Baker - The County was obligated to consult us before you received the letter from Jim Hanson, T.C. Commissioner of Planning which states there will be no impact. Councilwoman Grigorov - This is not a law which relates to agriculture. Mrs. Baker - It does affect agriculture. The bulk of the land which will be covered by this legislation will be agricultural land. Councilman nfiklas - What percentage of the Town of Ithaca is agricultural land? Is it 500? Supervisor Wl.zitcomb - That is what I was going to say. open space is agricultural land. Half of the Mrs. Baker - For instance, our family owns approximately 350 acres in the Town: of Ithaca therefore this would impact us. The legislation sounds as if this fee is based on the market value or the assessed value of this land before any exemptions are applied. So if you have land assessed for $2,000 per acre and your agricultural exemption brings it to $1,000 per acre, would this fee be computed on the $2,000 amount? Mr. Barney - Correct. Mrs. Baker - We are then talking about $10,000 to $20,000. Mr. Barney �- If there is a need suitable larid for the park, yes. for the park and if there is no Mrs. Baker -• Are you satisfied we are protected in this enough? TBM 9/11/95 Mr. Barney -'The Supreme Court of the United States protects you very well witlz their recent cases. What we are trying to do here is to set up �� mechanism aimed at the traditional situation where a developer w�ilks in with a 100 lot subdivision and says what am I going to do for park space? The Town Planning Board would then look at it anc3 tell the developer there is no place to put a park and we are nc�t mandating you put a park in your 100 acres but instead you will pay a fee. This legislation sets out a mechanism for calculati:ng the fee. Mrs. Baker -:Cf these developers are who you are targeting then it should not be detrimental to anyone to exclude agricultural land. Mr. Barney - Except the developer may turn out to be you. Mrs. Baker -'I'hen it would not be agricultural land at that point. It is very dii°ficult to get farm help because �hey are so high tech and highly mec�hanized . You need someone very competent who commands a substantial salary. One of the ways they have been paid on some of these farms is you work for me 10 years and I will give you a lot or we bui:ld a house, you can live in it and in 10 years you get the deed to i.t. The way I read this legislation any of it could affect these situations. Councilwoman Grigorov - That is something we had not thought about. Councilman Niklas - That is true but the question is whether or not the subdivisi.on of one lot would justify the need for recreational space. Councilwoman Grigorov - As I recall we have never asked for a land donation on �� two lot subdivision. Mr. Barney - Our local law states the Planning Board must determine thE� need for park land. Councilman Niklas - we have always relied on the good judgement of our Planning Board and we would not expect them to, on a one lot subdivision, take l0a of the parent property. Mrs. Baker - We do not like being put in the position of having to sue every tirne . Supervisor W7iitcomb - If this eventuality would never occur, what would be the problem of exempting those kinds of subdivisions? Councilman Niklas - Someone owning a large piece land who decides to subdivide in to 200 individual 20 of agricultural parcels TBM 9/11/95 incremental cloes not prohibit it from any future subdivision possibilities just because it is agricultural land now. To exempt agricultural :Land is to exempt 50% of the Town. Supervisor W:hitcomb - How about exempting one or two lot subdivisions? Mr. Barney - The Town has a barrier which says it cannot demand park land unl�ess there is a demonstrated need. To try and be more precise and s��y a two lot subdivision there is no need, a three lot subdivision there is a need, where are you going to draw the line. There needs �o be some faith in the Board you are giving this authority to, that they will act reasonably and some faith in the attorney who attends these meetings will ��rattle their chain" if it appears th.ey are not acting reasonably. Mr. Kanter - zoning to see Councilwoman issue. The Planning Committee is looking into agricultural if there are ways of encouraging agricultural lands. Grigorov - That would be a good time to consider this Mrs. Baker - Does anyone know the acreage the Town of Ithaca presently owr.�s in parks, how much it decreased the tax roll and if anyone is using the parks? Mr. Noteboom - We have approximately and they are regularly used. 50 acres of parks and trails Mrs. Baker - There are no taxes being paid on the land correct? Mr. Noteboom - That is correct. Mr. Noteboon� - The Board had toured the Eastern Heights Park earlier this year and witnessed the park near full capacity. Supervisor Wl.litcomb - Most of our parks are in residential areas. Mr. Walker - Density is one of the determining factors in detennining need. The Town Board and Planning Boards are aware some agricultural land is subdivided with a plan in the background to sell off piece by piece. What the Board has been doing on subdivisions of that type is attaching it to the larger parcel. We have had parcels where owners wanted to dedicate or give a parcel to someone s�uch as on a farm. They have created in a resolution a restriction on the larger parcel stipulating if it is ever subdivided into a residential subdivision there would be the need 21 TBM 9/11/95 to take �a creclit on the original . To minimize the impact of having to subdivide one lot and at the same time not forgetting the one, two or three :Lots over a period of ten years creates 15 lots which may require park land. Councilman Kl�ein - The method we are using is something I strongly support. Take a 100 acre parcel and the owner decides to sell one half of it ar.�d come in for a two lot subdivision. They then take the fifty acres and request a subdivision for fifty homes on the 50 acre parcel. •I thought the calculation we were talking about was based on that 50, if we find there is a need yet no available space on the subdivision, their fee would be based on the purchase price of the fifty acres the developer bought. Mr. Barney - That is correct. Let me give you two scenarios. If someone comes in and has purchased 100 of 200 acres, this would be a subdivision. The need for a park is not created by the subdivision. It would be difficult to justify the need for a park at that parti.cular point in time. If the person who purchased the 100 acres co�nes in and requests a 100 lot subdivision, then the need for a p��rk would be more apparent and justifiable. At that point the fee would be based on the purchase price of the 100 acres. One could ha�ve a scenario where someone would come in and state they have a c:ontract with someone to purchase 100 acres however it is contingerit upon subdivision approval. It would be one subdivision, the 200 acres being subdivided in to one 100 acre lot and the othe:_ 100 acres being subdivided in to 100 one acre lots. The Planning Board would need to take a look at that situation. Mr. Kanter - The plan future park and open identify whe�_e future should be de`veloped. is looking at the Town�s overall needs as a space system over the next 20 years and to parks should be located and how the park land Mr. Noteboom - There may already be parks on or near a would serve the proposed development. Rather than not development, the Town would charge the In Lieu of Fees develop the area. site which charge the to further Mrs. Baker - The opposite of that is there are always houses no one got park lan�3 for and now there is a need because of them. Now it would have to be paid for by someone else. Mr. Noteboorn - That is partially why this local law is being proposed. 22 TBM 9/11/95 Mrs. Baker - Whatever this Board could do to protect the three fanners you ]Zave left in the Town of Ithaca would be deeply appreciated. As no one fu:rther came forward wishing to be heard during the public hearin��, the Supervisor closed the public hearing at 7:08 p.m. Councilman Klein - Someone selling one half of their acreage and some one developing the other half, the Planning Board could not possibly assess the fee on the original parcel but maybe a future fee when it is subdivided. � Councilman Niklas - acres to a developer, fee, not the :�eller. would. However, if approval in order to the whole parcel. If one has a 100 acre parcel it would be the developer who The owner would not be assessed you have 100 acres and reque: develop it then the fee would l and sells 50 would pay the the developer t subdivision e assessed on Supervisor Whitcomb - The key is you must demonstrate the need. Agenda Item N�� 10 - Consider SEOR Related to a"Local Law Amending the Town of It-haca Local Law No 10/1994 to Establish Amounts to be Paid In Lieli of Open S�ace Reservations in all Residential Districts": Re�olution No. 160: Motion made by Councilman Niklas, seconded by Councilwoman Valentino making a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and neither a Full Environmental Assessment form nor an Environmental. Impact Statement will be required. A vote on thE� resolution resulted as follows: Supervisor Wr�itcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Agenda item PJq 11 - Consider Enactment of a"Lo 1 Law Amending the Town of Ithaca Local Law No 10/1994 to Establish Amounts to be Paid In Lieu of O�en S�ace Reservations in all Residential Districts": Resolution Nc>. 1 1• Motion made by Councilman Niklas, seconded by Councilwoman Valentino enacting Local Law No. 10/1995 a"Local Law amending the Town of Ithaca Local Law 10/1994 to Establish Amounts To Be Paid I:n Lieu of Open Space Reservations in All Residential 23 TBM 9/11/95 Districts and authorizing and directing the Town Clerk to prepare, publish, and file all applicable documentation for the local law as required. Councilwoman Harrison - We have perspectives ��n this and while I am I feel it is .� reasonable approach. heard a lot of different not entirely thrilled with it Councilwoman �3rigorov - I do not think this changes anything that has not been �3one in the past. Councilman Niklas - We are not changing the policy but rather we are accepting money now in lieu of land. A Roll Call vote on the resolution resulted as follows: Supervisor Whitcomb, aye;.Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Councilman Niklas - I would like to thank the Planning Committee for essential.ly motivating this legislation as it was needed. Agenda Item No 12 - Consider Agreement with Holt Architects R�lated to Ac:q�isition of a New Town Hall • Mr. Barney - If we are to have an extended discussion I would recommend th�s Board discuss it in Executive Session as it does involve prope�rty acquisition negotiations. Supervisor WYiitcomb - we will defer this item to Executive Session at the end ok= the meeting. Additional A�3ex�da Item No . 1- Consider the A,p�roval of Purchase Offer for New Town Hall Sit - Supervisor W}zitcomb - This is a related item of Agenda Item No. 12. Are these tw�� necessarily linked? Mr. Barney - No. Supervisor Wkzitcomb - You have before you a fully executed copy of the purchase offer of the property in question. Mr. Barney - This is formally approving the purchase offer and one of the contingencies in the offer is this Board must approve it. Councilwoman. Valentino - Obviously all of the contingencies noted have not bee:n met yet. This is approving the purchase offer. I do TBM 9/11/95 not understand the letter from the sellers� attorney Mr. Barney -�Chere is a contingency in the agreement for the seller on the seller negotiating a �ease for a new location. The letter indicates the�y have eliminated that particular contingency and they have met it. Resolution No. 174: Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving the terms of the purchase offer and acceptanc:e for the acquisition by the town on the premises at 119 West coL�rt Street, Ithaca, New York executed by the Town Supervisor, A.ugust 17, 1995 and accepted by 114 West Buffalo Street Associates, August 18, 1995. A vote on thE� resolution resulted as follows: Supervisor WYiitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Councilwoman Valentino - You are aware of some of my reservations and the only reason I am approving it is that it outlines exactly what we had �talked about and agreed to. Supervisor Wllitcomb - Those of you in the audience who are curious as to where this, it is now a matter of public record. We have made a purchase offer, accepted with conditions and contingencies on the property owned by the OBGYN Associates and the address is 119 W. Court St., Ithaca, NY. Agenda Item Ido. 20 - Consider Seven Mile Drive Traffic Problems and �8eed Limit Reduction Request• Mr. Noteboom - We have had several persons on Seven Mile Drive requesting speed limit reductions. I have given them a sample copy of a petition and at present have not received one. We have received petitions from Bundy Road and Poole Road residents requesting speed limit reductions. I would suggest we have separate res:olutions for each. Mrs . Noteboom - We do have a letter from some Seven Mile Drive residents ir�dicating they will be petitioning the Town but we have not receivecl the petition as of this date. Councilwoman Valentino - Then we October meet�ing and/or until the submitted. will defer Agenda Item ##20 to the appropriate paper work has been Councilwomari Harrison - The letter we received from the Seven Mile 25 TBM 9/11/95 Drive residents suggests commuters use Bostwick Road bypassing Seven Mile Dr•ive. It is written as though it is a��regulation" recommendatio�l. Do we understand what it is they are actually recommending? Do they want people to use Bostwick Road and not Seven Mile Dr:ive? Mr. Noteboom -• We have no regulation however they would like us to make some regtilation instructing people they cannot use Seven Mile Drive and the�� must proceed down Bostwick. We cannot do that. I spoke with RiE�hard Lathrop and he was to have a petition here this evening. �.- •. - • •- `- � •- -• • : � '•_• •�• - '�.• �--• '-�� - - Mr. Noteboom - I have the TD-9A fonn which I will submit to the Town Clerk for completion and forwarding the Tompkins County Highway Superintendent who will in turn forward to the State for their review. Resolution Nc�. 169: Motion made by Councilwoman Valentino, seconded by C:ouncilman Niklas requesting, through the County of Tompkins, th��t the State of New York Traffic Safety Division consider a linear speed limit of 45 miles per hour for Bundy Road and a linear speed limit of 40 miles per hour for Poole Road. Councilman Cc�nley - What is the speed limit and what is the reduction? Mr. Noteboom - Presently the speed limit on Poole Road is 50 miles per hour and �the residents are asking for a 40 mile per hour speed limit . The s��eed limit on Bundy Road is 55 miles per hour and they would like tc> request a 45 mile per hour speed limit . The State will conduct an investigation and will deny or set a limit they deem appropriate. A vote on the resolution resulted as follows: Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried '•- �. - • • •- '-�l" • • . :�. • • `•�- - •- • �- - Resolution No. 170: seconded by Councilman request by D�avid Stotz Zoning Board of Appeals Motion made by Councilwoman Valentino, Niklas acknowledging and accepting the to deny a salary for his services as a member and further determining the Town of 26 � �� TBM 9/11/95 Ithaca will bE� unable to donate the equivalent salary amount to the Greenway Coalition as requested by Mr. Stotz. A vote on the resolution resulted as follows: Supervisor Whitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; iye; Councilman Conley, aye. Carried Agenda Item No 24 - Consider Rec�uest for Use of South Hill Recreation Wa.y for Walk-A-Thon: Mr. Noteboom - I spoke with Supervisor Whitcomb and he did not feel we should get: involved with this. Councilman Niklas - If we acknowledge the use for someone shoul.d become injured, what is the Town�s can walk thi:� road whether we approve it or not, walkway so w:hy do we need to approve something available to the public without approval? a walk-a-thon and liability? They It is a public which is already Mr. Barney - That was my reaction. Councilwoman Valentino - This is something organized. type of even�. require a pennit from the Town? Councilman Niklas - I strongly suggest we do nothing. Supervisor W:hitcomb - No action needed. Does this ••- •• - � • •- •- • • '- -• • . •• - '- •� - ' - Mr. Frost - Our present Hazardous Materials Response Plan was developed fz�om the City's plan. One of the requirements in the regulations is we have a maintenance program. The meetings I have had with the City of Ithaca realized if we adopted the City's Hazardous Material Response Plan the County would be better able to maintain suc�h a plan. It should be noted the areas in the Town of Ithaca served by the Cayuga Heights Fire Department would still be served by the Town of Ithaca's plan we adopted last year. Resolution rfo. 172: Motion made by councilman Niklas, seconded by Councilwomari Valentino adopting the City of Ithaca Hazardous Materials Re�sponse Plan as currently developed and maintained by the City of Ithaca Fire Department for those areas protected by the fire departntent and authorizing the Director of Building and Zoning and other `Town officials, as appropriate, are authorized and directed to participate with the City of Ithaca in the maintenance 27 , TBM 9/11/95 of the plan aizd to participate in any discussions for any proposed changes to the current plan. Supervisor Whitcomb - I will need to meet with Andy to discuss the HazMat Plan :Eor Cayuga Heights as it will be part of the Fire Protection Contract negotiations with the village. A vote on the resolution resulted as follows: Supervisor Wh.itcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Agenda Item No. 26 - Consider Authorization to Enter Drug and Alcohol Consortium: Mr. Noteboom - The resolution authorizes us to join the consortium which will �3etennine the third party administrator with the approval of t:he Town Supervisor. Supervisor Wliitcomb - People who drive Town vehicles have to be tested for d:rugs and alcohol. We are joining with the City and County to ma}ce it a more efficient operation. This will make the price more reasonable. Resolution Nc�• 173: Motion made by Councilman Niklas, seconded by Councilman It:lein approving the Town of Ithaca enter into an intermunicipal agreement with Tompkins County, the City of Ithaca and the Town�� and Villages of Tompkins County for the purpose of implementing the required drug and alcohol testing and in the furtherance t�hereof participate in the selection of a third party administrato1_ to manage such drug and alcohol testing program and further authorizing the Town Supervisor to execute the agreement on behalf of thE� Town which shall contain such terms and conditions as the Town Sup�ervisor with the advice of the Attorney for the Town shall deem appropriate to protect the Town�s interests and shall provide for the sharing of costs upon an equitable basis between the parties ��nd shall be binding upon the Town upon the execution through DecE�mber 31, 1996. The Personnel Commi.ttee is also directed to modify the Town�s Personnel Manual to conform to the requirements related to drug and alcohol testing as required by law. Mr. Noteboom - My report this evening has an outline of the drug and alcohol testing and how it involves the Town of Ithaca. Councilman Klein - There is a cost involved warranting consideration during the budget process, with approximately one half of the Town�s employees being subject to testing on a random : TBM 9/11/95 basis. The cost will be approximately $1,000 per year. The Public Works CommittE�e also added to the resolution the stipulation the Personnel Committee include the requirements in the Personnel Manual. Mr. Noteboom - There are decisions the Board will have to make regarding con,sequences in the event of a positive test . There is nothing in thE� Personnel Manual which addresses this issue. A vote on the�resolution resulted as follows: Supervisor Wh.itcomb, aye; Councilwoman valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Agenda Item Nc� 27 - Solicitation of Items for the Fall Newsletter• Councilman Niklas - What is the deadline for items? Supervisor whitcomb - As soon as possible. Mrs. Noteboom - We are hoping the newsletter will be mailed on September 28th. Councilman Niklas - Could we mention something regarding the expanded items for curbside recycling? Councilwoman Valentino - Will the mailing be timely with the SPCA conducting tr�e enumeration? Mrs. Noteboont - Yes. I spoke about that with Pam Stonebraker of the SPCA last: week. Councilman Niklas - We should also include the issues of pedestrian right of way and walkspace. Councilman K�ein - We should also mention changes in the polling places. Mrs. Noteboom - We will also mention the referendum regarding Bingo. Agenda Item No. 13 - Consider Findings Related to Cornell University SF�ecial Land Use District: Councilwoman Harrison - We have the distinct privilege of bringing this issue tc� a close . Some time ago the GEIS and Special Land Use District for Precinct 7 was referred to a sub-committee of this Board, compr:ised of Councilwoman Grigorov, Councilwoman Valentino � TBM 9/11/95 and myself, working with Jon Kanter, representatives from Cornell University ar.�d residents of Forest Home. We were charged with looking at the GEIS, the proposed SLUD, and to make any recommended changes. We have a number of changes from the initial proposal. There were so`me concerns raised regarding commercial uses with the committee considering what would be allowed through special pennits . We iiave produced a list comprised of potential commercial uses we felt met an educational test and need as well as the size limitations a.dequate to address concerns. We also heard concerns regarding in.�reased traffic through residential neighborhoods specifically the Forest Home and Pine Tree Road area. The reconunendatic>n includes establishing a special transportation committee. 'The community is participating with Cornell and the Town as there� are alot of issues which need to be addressed now as well as in the long run. Another sign�ficant change deals with view protection. There was a sense ther�� is a very important visual aspect particularly the corner near 366 and Game Farm Road. We worked out a protection for that area as well as two natural areas. A significant: amount of time was spent addressing the parking issue and at the s<�me time to provide some flexibility in order for the Planning Boa:rd to listen to ways for reduced parking based on the actual use of the site recognizing the types of facilities which might be dev�aloped. We would l:i.ke to adopt a findings statement this evening, supplemental to the findings the Planning Board adopted some time ago. Mr. Kanter - The Planning Board has scheduled a public hearing on September 19, 1995 to consider the recommendations. Councilwoman Harrison - What do we want to do regarding the transportation agreement or should that be addressed when the public hearing is held? Mr. Barney - During the public hearing. Resolution No. 162: Motion made by Councilwoman Harrison, seconded by Councilm��n Niklas the Town of Ithaca Town Board, acting as an Involved Age�ncy, concurs with the Town of Ithaca Planning Board's Statement of Findings adopted on May 19, 1994, as supplemented by the SupplemE�nta1 Statement of findings (Revised 6/6/95) for the Cornell Un:iversity Generic Environmental Impact Statement, Development Program for Possible Future Expansion southeast of Cornell University's Main Campus, (Precinct 7 Rezoning) and further adopting the� Supplemental Statement of Findings (Revised 6/6/95) for the Generic Environmental Impact Statement, Development Program 30 TBM 9/11/95 for Possible Future Expansion Southeast of Cornell University's Main Campus, (Precinct 7 Rezoning) as presented at the meeting of September 11, 1995 with the modifications noted. .(See attached) Mr. Kanter - T'he idea of the supplemental statement of findings was to correspon<i to what Councilwoman Harrison elicited in her discussion of the changes in the SLUD. It was to acknowledge the Planning Board's Statement of Findings and then to add the other areas the com�nittee had addressed. Councilman Ni:klas - In section I-B2, the last sentence states "the impact of future development in Precinct 7 needs to be included in such a study..", do you want "needs to be" or ��will be" included? Councilwoman:Harrison - We have the authority to detennine what the MPO study entails and I have no doubt we will be sure it is included. A vote on the resolution resulted as follows: Supervisor Wh.itcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, ; unanimously. Councilwoman Valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried Resolution Nc�• 163: Motion made by Councilman Niklas, seconded by Councilwoman Harrison authorizing and directing the Town Clerk to advertise fo:r a Public Hearing to be held at the next regular meeting of tiie Town Board on Monday, October 2, 1995 at 8:00 p.m. to consider the Cornell University GEIS, Special Land Use District, (SLUD) . A vote on the resolution resulted as follows: Supervisor Wliitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried Additional ��Qenda �Item No 2- onsider Approval of August Financial Re��rt Resolution N��. 175: Motion made by Councilman Niklas, seconded by Councilwoman Grigorov approving the August 1995 Financial Report as recommended :by the Finance Committee . A vote on the resolution resulted as follows: 31 TBM 9/11/95 Supervisor Wh:itcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Additional Acz�nda Item No 3- Set Date for Public Hearing to Consider Con�cract with the VillaQe of CayuQa Heights for Fire Protection Se�rvices: Resolution Ncr. 17 : Motion made by Councilman Klein, seconded by Councilman Niklas authorizing and directing the Town Clerk to advertise fo:r a public hearing to be held at the next regular meeting of tY:�e Town Board on Monday, October 2, 1995 at 7:15 p.m. in order that the Town Board may consider entering into a contract with the Vill.age of Cayuga Heights for Fire Protection Services. Councilwoman Valentino - There are some areas near Forest Home where there are some discrepancies as to which fire department responds to �� call. There may be some areas at present which may be covered by both contracts. We need to clarify this in the negotiations. Councilman Klein - Mr. Silber� s letter suggests the Board adopt the contract in November. A vote on the� resolution resulted as follows: Supervisor Wrtitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. aye; Councilman Grigorov, aye; aye. Carried Additional Ac�enda Item No 4- Consider Job Descri�tion and Civil Service Clas.�ification for Planning Intern and Historian• Mrs. Noteboom - We have been infornled by T.C. Personnel the appointment we made for the part-time archeological person which we classified a�� a laborer was not correct. If this person were made temporary foz- more than 90 days, we would need to make the choice from a civil service list. Since the position is temporary for less than 9�� days, we will be able to hire as a part-time Historian. 7'his Board would be approving the job description and confirming the appointment as it was previously. The previous resolution a�rpointing Kathleen Quinn indicated she wauld only work a short per:iod of time. Tf we classified her position any differently, we would need to appoint someone from a civil service list. The Historian is a temporary position. When the archeologica]_ dig in Inlet Valley was first proposed 2 or 3 years ago, the Towr.c Board made a commitment there would definitely be an end to it. 32 TBM 9/11/95 Councilman K:Lein - The Historian is the archeologist? Mrs . Noteboorn - Yes . Mr. Kanter - This is apparently what Civil Service has instructed us to do. This will be a temporary part-time position. Mrs. Noteboonl - With Civil Service we need to classify this person and provide a job description. Her job description says she is doing histor_�cal work for the Town. Mr. Barney - The Town Historian is a statutory officer created under Town Law. Mrs. Noteboom - This is part-time Historian not the actual Town Historian. Councilwoman Valentino - At this discussions v�rith T. C. Civil Service assure they have not changed instructions they have given us according to the resolution passed point in time and with our and after checking with them to their minds, these are the in order to hire this person in August. Resolution r(o. 177: Motion made by Councilwoman Valentino, seconded by C'ouncilman Conley establishing the following positions in accordance with the applicable New York State and Tompkins County Civil Service classification rules: One Historian, (part- time) and on�s Planning Intern, (part-time) and further directing the Town Cle:�k and other Town Officers to forward a copy of this resolution to the Tompkins County Personnel Office for processing by said office to obtain certification of the positions as set forth . Mrs. Noteboom - With regard to ThE making the c:Lassification based oi long as the person works less than hired off of a civil service list. State Civil ,Service Board to ask position as we use Planning Interns time. Planning Intern, this Board is . the two job descriptions. As 90 days, they do not need to be The County is petitioning the that this be a non-competitive frequently for short periods of A vote on thE� resolution resulted as follows: Supervisor WYiitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried 33 TBM 9/11/95 Agenda Item No 5- Consider A�Aointment of Part-time Historian• Resolution :�o. 178: Motion made by Councilwoman Valentino, seconded by Councilman Niklas confirming appointment of Kathleen Quinn as pernanent part-time Historian through June 30, 1996 for a total of 26c) hours at a rate of $10.00 per hour not to exceed $2,600.00 with 100 hours to be worked retroactively between August 8, 1995 and December 31, 1995 and 160 hours to be worked between January 1, 1996 to June 30, 1996 conditional upon funding the position for that time period through the 1996 budget process. A vote on the resolution resulted as follows: Supervisor Whitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, < unanimously. Councilwoman Valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried Agenda Item No 8(1)- Appointment of Planning Intern• Resolution ]vo. 159: Motion made by Councilwoman Valentino, seconded by Councilman Niklas authorizing the appointment of Geraldine Tierney as temporary, part-time Planning Intern at an hourly rate of $10.00 for an estimated 15 hours per week through December 1995 and authorizing a budget transfer. A vote on th�� resolution resulted as follows: Supervisor W:hitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, Klein, aye; Councilwoman �ye; Councilman Conley, aye; Councilman Grigorov, aye; aye. Carried A�enda Item lVo. 8(i) - Attendance at Town Justice Seminar• Councilman K:lein - An account is referenced which is not listed in the budget arid that particular account only has $200 . 00 left in it . Mrs. Alario - Joan and I have discussed this. Mrs. Noteboc�m - I made a typographical error in typing the resolution as to the proper account number. The line item is presently ovE�r budget due to the mandatory training needed by Judge Bordoni and ]zis clerk. It is my understanding there is a session always held in October and one of the portions of the meeting is the second plzase of the certification by the Justice. Councilman Niklas - It does not address the issue of have enough money in the correct account? 34 whether we TBM 9/11/95 Mrs. Noteboorn - The correct account will be A1110.403 and no we do not have enough in the line. Ms. Alario - We had a meeting with the Judges and they are to supply us with a list as to what they believe their expenditures will be from now until the end of the year. Due to a new justice, there are mc�re expenses than anticipated. I suggested we wait until we get the list and then do just one budget amendment to cover everytlzing. Resolution Nc.Z 158: Motion made by Councilman Niklas, seconded by councilwoman Harrison approving the attendance of Clarence Larkin, Judith Berna:l, Raymond Bordoni and Suzanne Bordoni at the annual Magistrates meeting and Conference in October. A vote on thE� resolution resulted as follows: Supervisor W]Zitcomb, aye; Niklas, aye; Councilman Councilwoman Harrison, < unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Additional Agenda Item No 6- Consider Payroll Administration Billings to the Southern Cayuga Lake Intermunicipal WatPr Commission: Councilwoman Valentino - We want to determine the status of these items as it does not seem to be clear. Mrs. Noteboom - The charges we have been sending quarterly to Bolton Point have averaged $130 to $180 for their charges. They make up approximately 25% of our employees which is 250 of our administratijre work load. We felt the way they are being charged is not cover:�ng the costs and it was as if the Town of Ithaca was supplementinq the administration of the payroll for Bolton Point employees. 'Chere are things we both do. We do the payroll on a bi-weekly basis, the Blue Cross/Blue Shield is billed to the Town and we then calculate and voucher the insurance company, the disability is billed quarterly to Bolton Point by the Town of Ithaca, we are responsible for the Retirement reporting and bill at the end of the year for their portion. The deferred compensation administratic�n is handled by the Town of Ithaca. We have not been charging Bolt:on Point for any of these additional responsibilities other than tY:�e bi-weekly payroll. We are looking to the Board for a policy decision regarding an administrative fee for our services . Councilman Niklas - How much money are we talking about? Mrs. Noteboom - Approximately $130 to $180 more per quarter. 35 � � TBM 9/11/95 Councilwoman Valentino - We wanted to figure out what exactly we were respons�:ble for. It is not just a money issue but rather that staff and Bo<�rd people should not recreate the wheel each year or two in order to find out who is paying what. We need to have a policy and good billing paper trail which is consistent in order to accommodate l3olton Point. Supervisor W:hitcomb - Is this issue covered in the Bolton Point Agreement? I would recommend Joan, Dan and John Barney get together to :�ee if any is covered in the Bolton Point Agreement and based on tho:se findings come before this Board with your findings and recommenciations . Councilman K:Lein - I do recall Sally assisting Bolton Point with their books i.n the absence of their bookkeeper with no compensation to the Town. This was a Townwide expense for Bolton Point which is not correct. EXECUTIVE SE;?SION: Motion made Y�y Councilman Conley, seconded by Councilman Niklas to move in to Executive Session to discuss property acquisition. Carried unanimously. The Board began Executive Session at 8:13 p.m. Motion made k�y Councilman Conley, seconded by Councilman Niklas to resume regul��r session. Carried unanimously. The Board resumed regular sess:ion at 8:48 p.m. Agenda Item No. 28 - Adjournment As there was no further business to come before the Town Board a motion was made by Councilman Niklas, seconded by Councilman Klein to adjourn. (�arried unanimously. The Supervis<�r adjourned the meeting at 8:49 p.m. Respectfully submitted, �..��' l�l���.. Joan Lent Noteboom Town Clerk ***Next Regu]_ar Meeting - October 2, 1995 **Minutes t��inscribed by Betty F. Poole 36 ; , �•• � TOWN CLERK 273-1721 AS another the Town TOWN OF �THAC� 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGF�WAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Supervisor's Report September 11, 1995 PLANNING 273-1747 ZONING 273-1783 Agenda Item 3a. a follow up to my announcement that I did not wish to seek term. as Supervisor, I would like to set some priorities for to accomplish before the end of the year. 1. Corn.ell. SLUD - A town subcommittee has made great progress in drafting an agreement to finalize the Special Land Use District foz� Cornell's Orchards area. Approval of their recommendati.ons will culminate five years of study and negotiation�;. 2. Six, Mile Creek Conservation District - The Department and Planning Committee have developed conservatiori zone. Adoption of this legislation will promise to 7'own residents to protect the Six Mile Creek the Town. Planning a draft fulfill a �Talley in 3. Ithacare - The Planning Board has taken the required "hard look" at the Ithacare project. It is likely that a revision of the SLUD will bE� required. After long delays, it is imperative that the Town Bo�ird act as expeditiously as possible. 4. SJS Agreement - Negotiations with the City of Ithaca and the Town of Dryden have been in progress for two years on updating and revising the Joint Sewer. Key issues are the approval of extensions in the various municipalities, allocation of "excess capacity", ��nd allocation of maintenance and replacement costs of joint transrnission lines. 5. Rou1_e 366 Water Agreement - Cornell University has water transmissioil agreements with both the Towns of Dryden and Ithaca. Unfortunate:Ly, they are not internally consistent. We need to finalize a:joint agreement between the three entities. 6. Ci�vil Service Compliance - While the major issues with civil servic;e have been resolved, the entire process has produced unrest and uncertainty among the employees. We as Town Board members nee<i to reassure employees that we also value a stable job environment and we wish to be as sensitive as possible to employee concerns anc3 needs during the remainder of the process. �•- •. ' • TOWN ENGINEER'S REPORT FOR 9/11/95 TOWN BOARD MEETING DEVELOPMENT RE�VIEW The Engineeri.ng Staff has been reviewing compliance on the following proj:ects that have received Planning Board approval and are under con�;truction: Saponi Meadow:c Subdivision, Seven Mile Drive No changE� in status from August report. Sanctuary Woocis Subdivision, sapsucker Woods Road No changE�'in status from August report. EARTH FILL PEFtMITS An earth fill permit for a site on F potentia}: source of fi1Z being the F submitte�i to the Town. The volume o: review by the Planning Board prior consider�ition by the Zoning Board of ive Mile Drive te. 96 Project proposed fill. to a special Appeals. The Cornell University earth fill permit application in Precinct 7 has been reviewed by the Planning Boar excavatic�n in excess of 2500 CY) whi_ch has recommenctation for ZBA approval of the permit. ZBA the appli.c ation is scheduled for September. WATER PROJECT�� with the has been involves approval for work d( f il l or made a review of A cybernet hydraulic model for the South Hill water system has been devE:loped by our student interns, and will be used to assist iii system optimization and reviewing the impacts of several clevelopment projects along Danby Road. The Town Engineering staff is continuing to work with the Bolton Point staff to implement the master metering program for conn��ctions to the water transmission main. The Town Engineering staff is making final revisions to the plans and contract documents for all of the master metering locations within tlle Bolton Point system, and will assist the Bolton Point st�iff in construction administration. The extension of the 12" watermain across Rte. 13 at Buttermilk Falls road is substantially complete pending as- built information and final test results. The Town Engineer is develc�ping plans to extend the main to State park to replace a�n existing 6" watermain which is deficient and in poor conclition. This project is planned for construction in 1996. J Town Engineer':� Report 9/11/95 SEWER 2 The Town l3ngineer is continuing to work with the City DPW on a plan fo1� improving the sewage transmission capacity that is jointly u;sed. One component of an improved sewer system is being incc�rporated in the NYSDOT project for improvements on the Meadow Street and Fulton Street. The City has installed sewer imp'rovements on the Inlet Island, which will tie into the work �to be done during the DOT contract. A short sE�ction of sewer is being installed under Rte. 13 at the City ]Line to allow for future sewer service to Buttermilk Falls Road East including the Buttermilk Falls State Park. This work is being done in conjunction with reconstruction of Rte. 13. The Town Engineer is workinq with the State Parks to develop a sewer plan for possible construction in 1996. PEREGRINE HOLLc�W SEWER DISTRICT The Town c�f Dryden request to purchase IAWWTP capacity for the extension of service to the Snyder Hill sewer district is under consideration by the SJS. Construction of sewer improveme:nts by the developer was started August 1 and is substanti��lly complete. Authorization to use the sewer has not been c�ranted pending completion of the sewer use agreement with the 'rown of Dryden. - �7 Town Engineer':� Report 9/11/95 HIGHWAY AND PR�tKS The Judd :Ealls Road reconstruction project is substantially complete and the road is open. NYSEG is holding on the relocation of the utility pole at the Forest Home Drive intersect:�on pending their internal review of the project. The Fores�t Home bridge project has a revised schedule dated 9/1/95 sh��wing the anticipated agency approval dates. This scheduZe anticipates NYSDOT bid authorization on 11/24/95, bid advertisement on 12/2/95 with a bid opening on 12/27/95. Execution of a contract would not occur until the end of February 1996. The Town Engineer has not received a final engineers estimate of construction costs for the project, including a detailed distribution of costs between the County and the Tc�wn . FACILITIES The Town l;ngineer has continued to work with the Town Clerk, the Highway Superintendent and the Parks Manager on a facilitie;s improvement plan, which includes the Town Hall facilitie;s and the Highway and Parks Department needs. The Town :Hall_space analysis has been completed and a final site sele��tion process has been completed with authorization of a purcllase contract on the-agenda for this meeting. Cf\MGM06\GFPT9900.FlP Agenda Item 4c Hiahwav Su�erintendent's Board Report Auqust 1995 , Town Board Meetinq, September 11 1995 Drug and Alc��hol Testing: The Highway,/Parks Department continues to move forward with implementing a drug and alcohol testing policy. Gail Kroll, Sherwin DeS�into, and myself have been involved with Tompkins County, the C:ity of Ithaca, and other towns and villages to develop a consortium.. (There is a resolution before the Town Board to enter into tYiis .) There have been several meetings regarding this . On August 31,�1995, the County, City, towns, and villages agreed to ask Gregory ��nd Howe, Inc. to administer our consortium. They seem to be the mo:�t knowledgeable, well trained, and professional third party administrators that we interviewed. The dollar amounts for the Town havE� not yet been determined although we have agreed that each entity �wi11 pay a percentage of the total cost. Gregory and :Howe, Inc. presented this final proposal for managing our drug and alcohol testing program. The following is a breakdown of the known costs of the program, but keep in mind there may be additional cc�sts with pre-employment testing, reasonable suspicion testing, etc. which are unknown at this time. Drug testing: Random sampling Alcohol Testing: Random Sampling � Other costs for the consortium Blind sample�s Policy devel��pment Training--on-site Employee boo:�lets Supervisors :zandbooks SOo of Drivers at $58 each 25% of Drivers at $32 each $ 325.00 350.00 1,000.00 625.00 1,250.00 Al1 of the above listed costs will be shared at whatever percentage we have of t:otal drivers. The only cost we will be completely responsible for are our pre-employment testing, reasonable suspicion, post-accident, or other tests that we, the Town of Ithaca, might specifically need. A reasonable estimate at this time would be somewhere around $1,000 for 1996 to carry out our drug and alcc�hol testing requirements. Other: Our Departmerit has applied for an inspection station license. The State will be: coming in September to inspect the shop and hopefully by the end of` September, we can be conducting our own inspections. We have also implemented a new software program which will help track reside�zt calls regarding work to be done around the Town. This has hel��ed to coordinate our work loads. `- ghk 1 2. , Agenda Item 4c Park and Open Space Manaaer's Rebort August 1995 Towiz of Ithaca Board Meetinq, September 11 1995 The dreught continued during August which reduced time spent on mowing to a total of 85 hours. Shrub a.nd trail trimming was completed, requiring 124 hours. 3. Stainin.g of park signs and furniture was continued by our summer youth worker totaling 35 hours. 4. East It;haca Recreation Way was surface treated August 14, 1995. Parks helped the highway crew with the trail and roads surface, treating for a total of 93 hours. 5. Our ne�N one-ton dump truck was delivered and fitted for service:. The 1987 Chevrolet one-ton was sandblasted, painted and re��died for sale at the municipal auction, to be held Septecn��er 16, 1995. 6. 7. Topsoil.ing and seeding of road ditches on Christopher Circle require:d 48 hours. A variety of routine maintenance and repair jobs occupied the rest of August for a total of 353 hours. September Pa.rks Proiects 1. 2. Replenish gravel along oil and stone trail from Game Farm to Judd Fa.11s Roads. Build ].zeadwalls at Texas Lane Walkway and Grandview Park entrance. 3. Sealing� of play structures with wood preservative (after Ithaca City Schools begin). �� 5. 6. 7. ghk Continue Christopher Circle Water Tank plantings. Mow water tanks, pump stations, sewer line rights-of-way and water T-mains. Complete several landscape restorations on West Hill for Engineering. Continue regular grounds maintenance. A�enda Item #3d Plannin� Director's Re�ort for Se�tember 11, 1995 Town Board Meetin� DEVELOPMENT REVIEW Planning staff ha�s been working on the following projects under Planning Board review jurisdictic�n: Ithacare Senior I.iving Center, Danby Road The DEIS has been formally referred to the Town Board for review and comment. This will be discussed at the September llth Town Board meeting. Alternative building configurations are being investigated as possible mitigatin�; measures, which may require going back to the Town Board for modificatrion of the Special Land Use District (SLUD) and/or modification of the preli�unary site plan. Ryder Truck Rental, Judd Falls Plaza, Judd Falls Road and Mitchell Street Final site plan was approved at the August 15, 1995 Planning Board meeting. Westview Lane Subdivision, Westview Lane Subdivisi�on and site plan modifications were approved at the August 15, i995 Planning Board meeting to adjust lot lines and allow an accessory structure. Leonardo Subdivision, Danby Road Final subdivision approval was granted at the August 15, 1995 meeting for a total of 1:? lots and realignment of Sesame Street and Alison Drive. McCord/Scarofiile Subdivision, Danby Road Preliminary and final subdivision approval were granted at the September 5, 1995 Plarining Board meeting for the modification of a lot line between two existing ��arcels. Cornell University Precinct 7 Soils Stabilization and Stormwater Management A positiv�e recommendation to the ZBA was issued by the Planning Board at the Septe�mber 5, 1995 meeting for a fill permit to allow the extraction and ; Agenda Item 4c Highwav Crew Supervisor's Report Town Board Meeting, September 11, 1995 1. In August, the Highway on Genei-al Repairs . Proj ects; include surf� 219 ton�; of la stones treatinc�. crews spent 821.5 hours of time working This includes 18.5 hours of overtime. ce treating and hot patching. We used and 328 tons of lst stones for surface 2. We spent: 576 hours on Permanent Improvement projects. These project:a include putting in pipes and burying them on Pine Tree Ro<<d, replacing signs, and miscellaneous jobs. The Pine Tree prc�ject took 132.55 tons of #2 stone and approximately 30 lengths of pipe. 3. During August, 162 hours of time where spent on machinery mainten��nce and repairs. Of those hours, 16 were spent on overtim�=. Some of this time was spent on preparing vehicles for the auction in September. 4. Even though it has been a dry summer, 64 hours were spent on mowing along road sides. 5. The Hig}zway crews spent 55 hours on water related maintenance, such a:� repairing manholes, etc., and 12 hours on sewer maintenance. September Pr�ojects 1. 2. 3. 4. ghk Continu.e ditching various roads. Prepare: for brush and leaf pick ups. Change pipes. Other various maintenance jobs. deposit of approximately 15,000 +/- cu. yds. of fill material at Precinct 7. Project involves regrading and stabilization of Former Refuse Disposal Site, � and� pond and drainage improvements to accommodate runoff on developed portions o:E Precinct 7. Erickson, Loucks, Koplinka-Loehr Subdivision, Crest Lane Sketch plan was discussed at the September 5, 1995 meeting for the subdivision of a parcel into two lots, part to remain with an existing house, part to be transferred to Cornell University to add to Plantations natural area. Also presE�nts an opportunity to improve the turnaround at the end of Crest Lane, a Town road. ZONING BOARD SEQR REVIEWS No additional SI�QR reviews were done for the ZBA during the period of this report. CURRENT PLAIVNING DEPARTMENT PROTECTS Planning Depar�rment staff is working on the following projects: Conservation D:istrict: The proposed Conservation District has been referred to the Codes and Ordinances Committee for review and editing, after which it would go to the Planning Board for recommendation and then to the Town Board for consideration. Fees in Lieu of Parkland: The revised proposed local law was considered by the Planning Board at their August lst meeting and a positive recommendation to the Town Board w��s approved. The Town Board has set a public hearing for the September 11, 1995 meeting to consider enactment of the local law. Analysis of NIR, Commercial, Indus�rial and Speaal Land Use Districts: The Codes and Ordinance:� Committee has completed an analysis of the above-referenced zoning districts on par�cels where no development has occurred, and is in the process of preparing draft local laws for selected rezonings. Recommended rezonings will tentatively be presented to the Planning Board for their recommendations in October. Parks, Recreation and Open Space Plan Update: Recommendations, cost estimates and 5 Year Ca��ital Plan have have been drafted. An analysis of a possible Purchase of Developmen.t Rights (PDR) program is almost complete. Staff is hoping to assemble completed draft Plan in the near future so that review by the appropriate boards and cor.nmittees can be completed. Cornell GEIS/iLUD: Committee met to go over remaining issues 2 The revised SLUD, Supplemental Sta.tement of Findings and draft agreement to establish a Transportation Committee have been distributed to appropriate boards, agencies and � organizations. Tlhe Planning Board is setting a public hearing to consider a recommendation on the revised SLUD for their September 19, 1995 meeting. The Town Board will consider setting a public hearing for the October 2, 1995 meeting to consider enactrnE�nt of the revised SLUD . /� � Defining Builda��le Land: Planning Committee has prepared a draft amendment to the Subdivision lZegulations to define "buildable land" in proposed subdivisions. The proposal has bee�n referred to Codes and Ordinances for review and ed.iting. Ithaca-Tompkins County Transportation Council (ITCTC): Staff has attended several Steering Commi+ttee meetings for the County Trail/Corridor Study. The purpose of the study is to c��llect information and provide planning/design analysis to facilitate the identificatiort, prioritization, and preservation of crucial transportation corridors, focusing on trails, and to provide a countywide perspective to what localities in Tompkins County are doing with their trail systems (as a supplement to what the Greenway Coalition is doing). In addition, staff has attended ongoing meetings of the Route 96 Mitigation Coordination St�bcommittee. Recent meetings have focused on operational and public informati.on aspects of the construction project. 1996 Bud e� t Prc�posal: The Planning Departrnent's proposed 1996 Budget has been prepared and si.�bmitted to the Supervisor and Assistant Budget Officer. Carroccia PropE�rty - Request for Sewer and Water Assessment Reduction: As a follow-up to th�� August 7th Town Board meeting, Planning staff compiled additional information regarding zoning, Comprehensive Plan recommendations, environmental features, and p��epared a recommendation on whether a Conservation District or other zoning ch.ange for this area might be appropriate. The conclusion was that there is nothin�; evident about the property that would preclude development or that should cause tr�e Town to consider rezoning the site or immediate vicinity (see attached memo for details). Town Engineer sent a response to the Carroccia's. Filenam e: 1 staff \ jan \ tprep995.mem 3 TO: FROM: 21 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHW,4Y 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 TOV'JN OF ITHACA TOWN BOARD JONATHAN KANTER, DIRECTOR OF PLANNIl�TG ,� � RE: CAF:ROCCIA PROPERTY TA�; PARCEL NO. 33.-1-9.2 104 ENFIELD FALLS ROAD DATE: AU(�UST 8, 1995 As a follow-up tc� the discussion at the August 7, 1995 Town Board meeting regarding the above-referenced property, I am providing the following additional information and ��bservations for the Board's consideration. Current Zoning: R-30 Residence Comprehensive I'lan: Site is "Suburban Residential" (red) Surrounding area: "Recreation" to south "Agricultural" to north and west "Rural Residential" to west Unique Natural ,Area is located further south and west (but not adjacent to site) Environmental Features: Stream runs through north part of parcel Some mature forest on site Sewer/water: Ar�ea is served by public sewer and water Comments: Although surrounded by agricultural land to the north and west, and stai:e park land (Robert Treman State Park) to the south across Enfield Fal:ls Road, the Carroccia site itself is in an area recommended by the Co�nprehensive Plan for "Suburban Residential" development. The infi�astructure is there to support development in the area. De�velopment of the site could be accomplished, while at the same time mi�limizing impacts on surrounding sensitive/valuable open space lands (e.�;., by clustering development). The site itself does not appear to have many natural constraints. There are no extensive areas of steep slopes or wetlands identified in the Comprehensive Plan. The site does appear to contain some mature forest which might be significant for preservation. Carroccia Properi.y August 8, 1995 , Page 2 ' _ Recommendatioiis: I would not recommend establishing a Conservation District in this area for the reasons mentioned above. The owner could consider a conservation easement on thos,e portions of the property that contain the stream or mature forest. If so established, a conservation easement might provide justification for some adjustment to thE� sewer and water assessment on the property. However, after cursory analysis, there is nothing evident about the property that would preclude development or �hat should cause the Town to consider rezoning the site or immediate vicinity. cc: Daniel Walker, Director of Engineering �� ��� Y �4. �. TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Agenda Item No. 3f. To�nm Clerk/Director of Administrative Services Monthly Report - August 1995 RECORDS MAN�►GEMENT: Indexing training continues for the Town Clerk. Suza.nne Etherington will be giving extensive training to the Deputy's during the month of October. Estimates h��ve been received from a records restoration service company which would include deacidification, mending, and reinforcemen.t of paper as necessary for the archival documents. Totals for each book proved to be more expensive than anticipated. The Town Bo��rd should consider funding for restoration over the next several years in order to preserve the original history of the Town. TOwN CLERK: The 1996 Budget estimates have been prepared. Requests inc;lude funding for a Minute Secretary to transcribe the Town Board, Planning Board, Zoning Board of Appeals, and Conservatiozi Board minutes. If approved, the individual would act as recordirig secretary at the Zoning Board of Appeals and Conservatioiz Board meetings as well. The applicable Department Heads have agreed to share funding of this position. A shared services line item in the budget is also being considered for archival ac.id free paper and binders for the meeting minutes. A meeting has been held with Pam Stonebraker of the SPCA and coordin.ate the scheduled fall dog enumeration. The should generate additional license sales of approximately Documentation has been forwarded to the Board of Elections vote on Bingo at the November election. If approved electors the local law will be filed with the Secretary of to plan program 75%. for the by the State. Notification has been received from Lee Shurtleff, Republican Election Commissioner that Mr. Robert J. Doner, 1110 N. Aurora Street, Ithaca has been appointed Republican Voting Machine Custodian i=or the City and Town of Ithaca. Mr.� Doner replaces Claude Coll.eyacme who retired last year. H2STORICAL ANNIVERSARY CELEHRATION CONIl�IITTEE: Bruce Brittain, Perri Lopii.zto, and Councilwoman Harrison have resigned from the committee Y�ecause of time constraints and other commitments. Funding fo:r the historical markers and welcome signs have been requested _�n the 1996 budget. TC Monthly Report 9/6/95 Page 2. TAX COLLECTION: The Solid Waste Fee will not be added to the tax bill in 199i5. Tompkins County Representatives did adopt a resolution approving it, but only to emphasize their commitment to negotiate with the Towns for 1997. Tompkins County will be purchasing �� new computer software program to handle new legislation �^egarding delinquent bills. This program will not effect the Town. PERSONNEL: HIP HIP HOORAY::: The Town of Ithaca officially became CERTIFIED uncler Civil Service on August 8, 1995. Congratulatioas and many thanks to Supexvisor Whitcomb, Councilwoman Valentino, Attorney Barney, and Sherwin DiSanto for their hard work and dedication t<� make civil service compliance a reality. A Freedom of Information request has been sent to Tompkins County for any mate:rials they have which would more clearly outline the steps taken in the past related to "grandfathering" employees. This information will be available shortly, then forwarded to Attorney Bar�iey for review. Respectfully submitted, �� �%�1,�r� Joan Lent Noteboom Town Clerk September 6, 1995 FOHM NO. 1002•N TOWN CIERK'S MONTHLY REPORT ������UMBOpI�Cp„yl[}pq,N1 ��y6� TOWN OF_ i thsc�.t NEW YORK (Month) nuKu't , 19 �S TO THE SUPERVISC)R: • Pursuant to Sec:ion 27, Subd. t, ol the Town Law, I hereby make the following statement o( all fees and moneys received by me in connection with my aifice, during the month above stated, excepting oniy such fees and moneys lhe application and payment of which are otherwise providEd for by law: UCENSE CATEGOHY NUMBER OF UCENSES SOLD ON ISSUEO COMMISSION CAMMISSION TOTA� USEO SEwOA (65 . � Miliiary Disabitityl '+ . !i� FISHING •�SEASON • � ��% HUNTING (Small Game) 1 . �1�} BIG GAME (Oeer and Bearl 1. 00 TRAPPING BOWHUNTING (Big Gamt� License Repuired� � Z, (;() MUZZLELOADING (Big G,ame Ucense Feqwred) SPOFTSMAN 4,QQ FISHING - J OAY 1, Q� JUNIOF TRAPPING (Untl3r 16 yrs.1 SPECIAL SECONO DEEF� PERMIT (See Big Game Guide� TURKEV PERMIT (Availabla a1 DEC olfites only) NON-RESIDENT FISHIN(3 - SE�ISON NON•RESIDENT HUNTING - SEASON (Small Gamel NON•RESIDENT BIG GAINE (Deer ONLV) NON-RESIDENT FISHIN(i • 5 DAY 1. O� NON•RESIDENT HUNTIMQ • S DAV NON•RESIDENT MVZZLI:IOADING NON•RESIOENT BOWHUNT�NG NON•RESIOENT BEAR T'AG NON•RESIDENT COMBIIVATION D10N•RESIDENT TURKEY PERMIT ��.r.w n oEC ar..s. uWi JUNIOfi ARCHERV (14•15 Years) IOST LICENSE ($5.00 Pe� S1amp lost) JUNIOR HUNTING (12•15 Yeara) S 1 S. OC� ADD - TOTAI COMMISSIONS b S L J. nO ,a Marriage Lic�anses No. Marriage Ceiiificates z Marriage Trenscripts (f47 to No. �ti� � 8.?5 f � 1@.�� @ A 1255 TOTAL TOWN CLERK FEES ................................................................................. A t010 — 1090 FiEAI PNOPERTv TAXES S INTEREST antl PENA�TIES f A 2001 PARK an0 fiECREATION CHARGES ����. A 2110 ZONIN(i FEES S A 2115 PIANNING F'eES S � _... A 2530 GAMES OF CHANCE 70WN SHARE....... IICENSE S FEE f TOTAL A 2540 � BINGO TOWN SHARE ..................... LtCENSE S FEE S �TOTA� .425aa 'r� DOGUCENSE-�3�1�X?'��1F��•$�`�'�3Yev- 319i2��•-J - 31928:i-G (� 2_QO �`n OOG UCENSE - tJlti��',4`G��i'ki��Y1141G�ifi•��[�Rerte�a- R895'�30-!t - R89F,7.2h3-I� @?.0(� A 2545 A 2555 A 2590 A 2655 A 2770 ;A,_]• �2.Q� ��.no OTHER�ICENSES �omrrah=nsi.e il.an - 1� 12.00 12.(.)U BUILDINGPERMITS Zon1nR �L:l1n8nC2 - � a ii.�U �+.�� OTFiER PERMITS F1:Ec. Ccpi.��s - 2.9`� MINOii SALES Tax Searchas - 1(.�? 5.Q0 �.Ot) OTHEF UNCIASSIFIED REVENUES Enumei'a.�ien - IS � 1.(10 !'�.00 TOTAL TOWN FEVENUES TO SUPERVISOfi ................................................................. Amount paid to SUPERVISOR for Gamee ol Chance l.icenses Amoun� paid to SUPERVISOR for Stale Shere of Bingo licenees Amounl paid to D.F.C. It�i Co�aervetion Uce�see Amount paid lo COUNT'! TREASURER lor pog licenses . Amounl paid to STATE I�EAITH DEPARTMENT lor Marriage Licenses Amounl paid to lor Loltery Tickets Amount paid lo Stale lor Salea Ta: on Sale ol Doga SFCA Contracg - S 342.2C • 215.U0 ' I: . U �� 3�:7.4U - Received Payment of ihesa amounts: t\_ TOTAL DIS8U17SED.,,.___ ......... S 1211 .�Jj Septemr��. g cti \ .� �"� � _- . t9 �a ( _ �� �i ....4:i�-w �__._ _� Supervisor , .i1ohri 6. Whi.tcomb S7ATE OF NEW YORK, COUNTY OF TGmFICit�S , TOWN OF ICf1FiCa ol the Town of f.t.fiaCe � ol all Fees and Moneys rc�ceived by h er � o�herwise provided lor by law. Subscribed and Sworn to belore me Ihis - � .iClt Oayof Se�terabci �g95�•��'. • , being duly sworn, �oys thet s he ia the Clerk � that the loregoing is a lull and true statement ddring�t�e mon2li-.abode stated, excepling only such Fees the applfeation and payment of which are _ : :� ,� 1 �, :-,j �- ~ ' i� n .I�„� ,.�C� � / lt.• L! �.C- r_ , - 7o�m C�erk _ _ �Cd�.2Rl ��UC�bOCLRI � ' . �f.' [/. f ' . . . . � ��-�'�+ i � \ � . �'r-1�'!� .�/ i � Ndary Pubiic Praoare in Cuptica�e. Remit original to Suparviaor, re�ein Coq lor Clerk'e reco�d. Terin Exetlres: �+/�C1��/ %�. r �,. ��� � ��. TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 3� HIGHW,4Y 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 FINANCE OFFICE REPORT FOR THE MONTH OF AUGUST 1995 A qood deal of time was spent this month gathering information ' for the 199fi budget. Requests have come in from outside aqencies and informai:ion was collected to aid budget managers with their requests. Eiudget managers will be turninq their worksheets in to me on or bef`ore September 1, 1995. Time was also spent assisting employees wi.th their budgets. Represe:ntatives from Computel Consultants have iniormed me that the utilities audit is almost complete. We have already received reEund checks from NYNEX for a gross revenue of $4,543.00. Sales 7'ax Por the second quarter is 5414,737.73. Attached is a simple tre:nd analysis oi the sales tax for the last two years. Other :> i gni f i cant revenues for the month i nc lude Just ice fees of 513,653.67 and REPO interest of 5103,191.78. This interest figure puts all but one oE our accounts over budget for interest earned. Ou}: investments have been very fruitful this year. The Aul:omatic Data Processing Committee (ADP) has implemented a policy fo�: a taped backup procedure. All computers at Town Hall and Highway Barns will get backed up once a week. Trakkers and switch boxe:s came in this week and Mike is getting every one set up. We alsc� are continuing to upgrade Town computers. We hope to have this pinase of our plan completed in 1996. Respectfully submitted ; /� �' ` .�E'�-�--c' Sa11y E. Alario r � � � J � Z O U YJ Z � � I-- � Z �C C Q � � a � � U W � Q � 8 8 S 8 S ' v1 t Nf N .+ � pv v� p e aZ,Y� h�OYJWOO�t� �O ,- aD 1` C�I d' r f` Nt,Df`0I.—I`lOM d'C�AN1nN��l` 1�c�i0�OtNcOc�� � �� � �' �' � � �' � �� � � � � � � r" T� T T` T T r T' � �� f � � = r � th�t�N���N �ic��i�i�irnrnrn ��������� t"' T� T T T T' O� T oc�000000 ` � � � � � � T C� IA Ca T C� LA 00 TC�OOTOOO T h � r c0 � � O� .�i O h O ♦ � O � O ��� �4.' TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGH`NAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 ' Town Board Meeting 9/11/95 Agenda Item No. 6(e) Resolution of Appreciation Zoning Board of Appeals Chair Resolution No. 156 WHEREAS, Edward Austen, Member of the Zoning Board of Appeals has submitted his resignation to the Town Board effective December 31, 1995; an.d WHEREAS�, Mr. Austen has served the Town of Ithaca more than twenty years� in this capacity; and WHEREA��, the Town Board of the Town of Ithaca wishes to express their gratit.ude to Mr. Austen for his service to the Town of Ithaca; now therefoz�e be it RESOLVED, the Town Supervisor is hereby authorized and directed to send a lE:tter to Mr. Austen expressing the Town Board's grateful appreciatiori for his longstanding dedicated service to the Town of Ithaca and :�ts residents; and be it further RESOLVI�D, the Town Clerk is hereby authorized and directed to send a cert:ified copy of this resolution to Mr. Austen, and the members of the Zoning Board of Appeals. MOVED: Coun��ilwoman Grigorov SECONDED: Councilman Niklas Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye�; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. DATED: September 11, 1995 Jo�n Lent Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried TOWN OF I�'HACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(a-h), (j,k) Consent Agenda Items Resolution No. 157(a-h, (j,k) BE IT R.ESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the Consent Agenda Item resolutions numbers 8(a} through 8(h), 8(j-k) as presented with the amendments as indicated on the individual resolutions. Consent Agenda Items No. 8(i) and 8(1) will be considered separately. MOVED: Councilman Niklas SECONDED: Co�uncilwoman Harrison Supervisor V+Thitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. DATED: September 11, 1995 Jo�n Lent Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried � u TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(a) Town Board Minutes - 8/7/95, 8/28/95 Resolution No. 157(a) ZONING 273-1783 WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held on August 7, 1995, and the special meeting held on August 28, 1995 to the Town Board for their review and a��proval; and WHEREAS,, the Town Board has reviewed and approved the said minutes with the following amendment; now therefore be it RESOLVED, that the Town Board the said mirnites with the amendment Town Board f��r the regular meeting the special meeting held on August does hereby approve and adopt as the official minutes of the held August 11, 1995, and for 28, 1995. AMENDMENT: Minutes, August 28, 1995, Page 5, Paragraph 2, First sentence. Present: Att��rney Barney -"There is concern about the view, the height of th�= building, and the fault of the building. Correction:��ttorney Barney -"There is concern about the view, the height of th�= building, and the bulk of the building. MOVED: Councilman Niklas SECONDED: Co�uncilwoman Harrison Supervisor W:hitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. DATED: Septe:�:nber 11, 1995 Joan Lent Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGf-IWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(b) Town of Ithaca Warrants Resolution No. 157(b) WHEREAS, vouchers ha�; payment; and PLANNING 273-1747 ZONING 273-1783 the warrant with the following numbered listing of been presented to the Town Board for approval of WHEREAS, said warrant has been audited for payment by the Town Board; now therefore be it RESOLVE�D, that the Town Board does hereby authorize the payment of ��aid vouchers as numbered and listed on the warrant. General Towr►wide Vouchers: No. 368, $400.00; No. 369, $20,640.49; No. 371, $2C).185.84; No. 372, $5,952.76; No. 373, $20,085.58; No. 374-423, $6>,828.37. General Out�side Village Vouchers: No. 154, $13,658.40; No. 155, $43.50; No. 157, $13,696.77; No. 158, $3,803.98; No. 159, $12,975.10; No. 160-180, $35,188.49. Highway Vouchers: No. 211, $11,117.62; No. 212, $11,263.70; No. 213, $5,033.39; No. 214, $10,828.22; No. 215-246, $182,301.79. Water Fund �louchers: No. 112, $1,299.98; No. 114, $24.00; No. 115- 116, $33,379.20; No. 118, $1,131.41; No. 119, $86.55; No. 121, $1,248.67; :[Vo. 122-135, $12,809.72. Sewer Fund 'Jouchers: No. 104, $1,768.08; No. 105, $84.00; No. 106- 107, $40,3F�0.80; No. 108, $1,374.68; No. 109, $86.54; No. 110, $1,194.52; No. 111-119, $829.54. Lighting District Vouchers: No. 59-61, $1,151.68. Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye:; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimous 1�� . MOVED: Couricilman Niklas DATED: Sept:ember 11, 1995 aye; Councilman Grigorov, aye; aye. Carried SECONDED: Councilwoman Harrison \ I�!-r.1..11 .lrr� '��Tx� Joan Lent Noteboom, Town Clerk TOWN OF ITH�CA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGFIWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(c) Bolton Point Warrants Resolution No. 157(c) ZONING 273-1783 WHEREAS, the warrant with the following numbered listing of vouchers for� Bolton Point, Southern Cayuga Lake Intermunicipal Water Commis�sion (SCLIWC) has been presented to the Town Board for approval of ;payment; and WHEREAS, said warrant has been audited for payment by the Town Board; now therefore be it RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant. Operating Fund Vouchers: No. 518-521, 566, 574, 522-573, $118,172.79. MOVED: Councilman Niklas SECONDED: Councilwoman Harrison $55,721.15; No. Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman. Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Septe�mber 11, 1995 oan Lent. Noteboom, Town Clerk � u TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGFIWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(d) Records Management Disposition Listing Resolution No. 157(d) WHEREAS, the Town of Ithaca has completed the inventory phase of the Recor<is Management Program as outlined by the State Archives and Records Administration (SAR.A); and WHEREAS, the Records Management the attacheci listing of outdated and are eligible for disposition according Disposition Schedule MU-1; and Officer has determined that duplicate copies of records to the Records Retention and WHEREA��, the Supervisor and Department Heads shall review approve disposition of said records before disposition; therefore be: it and now RESOLVE;D, the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the atta��hed listing according to the procedure developed by SAR.A . MOVED: Counc:ilman Niklas SECONDED: Councilwoman Harrison Supervisor V�Thitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwomaii Harrison, aye; Councilman Conley, unanimously. DATED: Septe�mber 11, 1995 Jo�n Len�_ Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried — . _, � Vl l�l °O �ovd �+ A N o � o U � LL a� +� m a a� � Q 'C V! v a� � b f0 L� 'CJ O i-� U 7 N o a E H ►-a H rC .'T. Ey Q o ] � z 0 H E H � � aw �H H Q A A .A a L.) 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C: f.t y, !-r 3a O 41 .X CT N r-� f� � H � C! �I a� � � x �.► � � tn -� +� a� �, �G �.-I t0 tE �-PI A cG rt �G Rf 3cAG0E-��GWQ[a�3W m .-1 N. d� tD ri N� ln f� Ol .-i .-1 .-I �--f N.-i tD N.-i eM tD W tD tD � f�7 � � 3k �t � 3C 4k �k �k �k qk ?k �k �C ?k �t at 4k #� �k �tk � ik 3k >C SS DG X DC >C DC DC k >C �C >C k ?C >C >C DC >C >C >C DC DC >C 0000000000 00000000000,00 a4aommmma�aoaaaa a4wa�waQaawwwmaawao �-i N r-1 .i ei ,-I �-I .-1 r-1 r-1 .--1 .--1 N N N N�-i rl .-i �-1 N f'7 Ci I I 1 I 1 1 I I 1 I 1 I I 1 I I 1 I I I I i I M M N fV N N N N N N f�7 N N N N N r-1 ��-1 �-1 N N l'') m aa aa m cn ao w ao w aa co ao ca rA ao w aa m ao m w w ru � w � U � N TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGI-iWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 19�95 SPCA FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(e) Payment Shared Cat Control Resolution No. 157(e) PLANNING 273-1747 Expenses ZONING 273-1783 WHEREA��, on August 7, 1995 the Tompkins County SPCA requested that the Town of Ithaca consider providing partial funding in 1995 for cat coni:rol based upon a proportional historical use of this service through a contract the SPCA has with Tompkins County; and wHEREA:�, on August 7, 1995 the Town Board instructed the Town Supervisor t:o review the 1995 Town Budget to determine if monies are availab]_e to provide the said funding; and WHEREA;3, the Town Supervisor has determined funds are available izi the 1995 Town Budget for this purpose; now therefore be it RESOLVi�D, the Town Board of the authorize the payment of $1,959.00 Animal Cont.rol, Contractual) to the providing c<�t control services to the be it furthE�r AMENDMENT: i�DDITION RESOLV]3D, the Town Board does transfer fr<�m A1990.4, Contingency to to fund thi;s expense . MOVED: Coun��ilman Niklas SECONDED: Councilwoman Harrison Supervisor �nlhitcomb, aye; Niklas, aye; Councilman Councilwoma:n Harrison, < unanimously. DATED: September 11, 1995 Town of Ithaca does hereby from account A3520.4 (Other � Tompkins County SPCA for Town of Ithaca in 1995; and hereby authorize a budget A3520.4, Other Animal Control Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried oan Lent Noteboom, Town Clerk ������,� TOWN CLERK 273-1721 T'OWI� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGI�WAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(f) 1996 SPCA Dog Contract Resolution No. 157{f) PLANNING 273-1747 ZONING 273-1783 WHEREA;>, the dog control agreement with the Tompkins County Society for the Prevention of Cruelty to Animals (SPCA), a not-for- profit corp��ration having its place of business at 1640 Hanshaw Road in the: Town of Dryden and the Town of Ithaca, expires on December 31,. 1995; and WHEREA:3 , continue thf� SPCA; and the Town Board of the Town of Ithaca wishes to said dog control agreement with the Tompkins County WHEREA:3, the proposed agreement has been reviewed by the Town Board the At:torney for the Town and shows a payment amount from the Town of Ith�ica to the SPCA for 1996 of $16,910.00, and increase of only 3� from the 1995 agreement; now therefore be it RESOLVI�D, the Town Board of the Town of Ithaca hereby approves and accepts the conditions of the said agreement with the Tompkins County SPCA except for Page 3, No. 2, Article 2, which calls for payments to be made the lOth day; and be it further RESOLV:ED, the Town Supervisor is hereby authorized to execute the said ag�_eement with the Tompkins County SPCA after negotiating and agreeir.�g upon a change in the payment timetable to allow payments on the 15th day rather than the 10th day to coincide with approval of the abstracts. MOVED: Councilman Niklas SECONDED: Councilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye�; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: September 11, 1995 oan Lent Noteboom, Town Clerk �•- � TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(g) 1996 SPCA Cat Control Expenses Resolution No. 157(g) PLANNING 273-1747 ZONING 273-1783 WHEREAS, on August 7, 1995, the Town Board enacted Resolution No. 138 aut:horizing the Town Supervisor to enter into an agreement with the Tc>mpkins County 5PCA to provide partial funding in the amount of $1,959.00 in 1996 for cat control based upon a proportional historical use of this service through a contract the SPCA has with Tompkins County; and WHEREAS, the funding calculations provided by the Tompkins County SPCP, on August 7, 1995 for the said cat control services agreement should have been $2,335.00 instead of $1,959.00; and WHEREA.S, the proposed agreement with the corrected amount has been reviewed by the Town Board and the Attorney for the Town; now therefore ��e it RESOLV�ED, the Town Board of the Town of Ithaca hereby approves and accepts the conditions of the said agreement with the Tompkins County SPCA. except for Page 2, Article 3, which calls for payments to be made the lOth day; and be it further RESOL�i'ED, the Town Supervisor is hereby authorized to execute the said a<�reement with the Tompkins County SPCA to provide cat controZ services to the Town of Ithaca in 1996 for the amount of $2,335.00 <�fter negotiating and agreeing upon a change in the payment tim.etable to allow payments on the 15th day rather than the lOth day to coincide with approval of the abstracts. MOVED: Cour.�cilman Niklas SECONDED: Councilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye�; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Coniey, aye. Carried unanimously. _ DATED: Sept:ember 11, 1995 Jo Lent Noteboom, Town Clerk ,p���='=J��,�' TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGfiWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 TOWN BOARD MEETING 9/11/95 AGENDA ITEM N0. 8{h) APPROVA:L FOR PLANNER AND PLANNING BOARD MEMBER TO ATTEND AMERICAN PLANNING ASSOCIATION UPSTATE NEW YORK CONFERENCE Resolution No. 157(h) WHEREAS�, there are many new developments impacting the planning fie�ld regarding land use, housing, transportation, zoning and other i;�sues; and WHEREA3, the American Planning Association (APA) Upstate New York Chaptez- is holding its Annual Conference on September 28th and 29th, 1995, in Buffalo, New York; and WHEREA:3, the Conference provides programs and workshops on current pl�inning and zoning topics and is designed to help professiona:l planners and board members to explore legislative, legal and s��cial issues affecting planning decisions; and WHEREA�, it will be beneficial to the Town to send one Planner and one Pla:nning Board member to this conference; and WHEREAS, travel expenses will be minimized since Buffalo is within driving distance of Ithaca, and a Town car will be used to drive to and from Buffalo; and WHEREAS, the current Planning Department budget includes sufficient funds for this purpose, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby app:rove the attendance of JoAnn Cornish, Planner, and Candace Cornell, Planning Board member, at the APA Upstate New York Chapter Anrival Conference on September 28th and 29th, 1995, in Buffalo, New York, at a cost not to exceed $450.00, which includes registraticn ($250 for two), accommodations ($94 for 1 night double for two), meals (approx. $70 for 1 breakfast each and 1 dinner each at per die-m rate), tolls, gas and other qualifying expenses (approx. $30), charged to Account B8020.403. MOVED: Cour.�cilman Niklas SECONDED: Councilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, ayE:; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwom�in Harrison, aye; Councilman Conley, aye. Carried unanimous l�� . _ DATED: Sept:ember 11, 1995 an Lent Noteboom, Town Clerk OF TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 �� TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 PLANNING 273-1747 ZONING 273-1783 Agenda Item No. 8(j) A��pointment Government Access Cable Committee Resolution No. 157(j) WHEREA:�, Pauline Layton, 1029 Danby Road, It to serve as the Town of Ithaca representative Access Cable� Committee (GACC) during the previous Supervisor :�hirley Raffensperger; and haca was appointed on the Government administration of WHEREA:�, the GACC is presently changing their by-laws to require that; municipal representatives be appointed upon a change in leadersh:�p within each municipality; and WHEREA:3, in the spirit of intermunicipal cooperation the Town Board of th�� Town of Ithaca wishes to comply with the by-laws of the GACC whe�n appointing the Towns representative on the GACC; now therefore bEs it RESOLVI�D, the Town Board of the Town of Ithaca does hereby appoint Pau:Line Layton to continue to serve as the Town of Ithaca representat.ive on the GACC; and be it further RESOLV:ED, said appointment shall be for a term of office commencing immediately through December 31, 1995. MOVED: Councilman Niklas SECONDED: Councilwoman Harrison Supervisor TnThitcomb, aye; Niklas, aye�; Councilman Councilwoman Harrison, � unanimously. DATED: September 11, 1995 Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Joan Lent Noteboom, Town Clerk :w TOWl�T OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1�21 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 TOWN BOARD MEETING 9/11/95 AGENDA ITEM N0. 8(k) APPROVAL OF APPOINTMENT TO COUNTY PLANNING FEDERATION Resolution No. 157(k) ZONING 273-1783 WHEREA:�, Tompkins County has formed the Tompkins County Planning Fecieration to replace the former County Planning Board, and WHEREAS3, the Tompkins County Department of Planning has requested t�iat the Town of Ithaca select one of its Planning Board members to :�erve on the County Planning Federation, and WHEREA:3 , the Town o f meeting of ��ugust 15, 1995, representat:ive to serve o therefore bE� it Ithaca Planning Board, at its regular has selected Candace Cornell to be its n the County Planning Federation, now RESOLV?�D, the Town Board of the Town of Ithaca does hereby approve the appointment of Candace Cornell to serve on the Tompkins County Planning Federation. MOVED: Coun��ilman Niklas SECONDED: C��uncilwoman Harrison DATED: September 11, 1995 Supervisor vVhitcomb, aye; Niklas, aye�; Councilman Councilwoman Harrison, � unanimously. Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Joa� Lent Noteboom, Town Clerk TOW1�10F ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 8(i) PdYS Magistrates Annual Meeting & Conference Resolution No. 158 WHEREA:3, the New York State Magistrates Annual Meeting and Conference is being held on October 15 through 18, 1995 in Lake Placid, New York; and WHEREA3, Town Justice Clarence Larkin, Court Clerk Judith Bernal, To�nrn Justice Raymond Bordoni, and Court Clerk Suzanne Bordoni may wish to attend the said conference; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby approve the attendance of Clarence Larkin, Judith Bernal, Raymond Bo�:doni, and Suzanne Bordoni at the said Magistrates conference; and be it further RESOLVED, the cost of attending the said conference shall not exceed $500.00 for each person attending and shall be expended from account A1110.403. MOVED: Coun.cilman Niklas SECONDED: C'ouncilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, ayE�; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoma.n Harrison, aye; Councilman Conley, aye. Carried unanimous l�� . DATED: J Sept:ember 11, Lent: Noteboom, 1995 Town Clerk � J � TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGI-IWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 APPROVAL ��F FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 TOV+1N BOARD MEETING 9/11/95 AGFNDA ITEM N0. 8(1) TEMPOR.ARY, PART-TIME PLANNING INTERN AND AUTHORIZATION OF BUDCET AMENDMENT Resolution No. 159 APPOINTMENT WHEREA:�, the Director of Planning has recognized the need for additional :�taff support for the Planning Department, to advance work in particular on the Environmental Atlas and GIS projects, and WHEREA:3, Geraldine Tierney has been assessed as possessing the education and experience necessary for the successful conduct of these dutie:�, and WHEREA:3, it has been determined that sufficient funds exist in Account B80:20.406 Planning Study to fund such a temporary, part- time positi��n through the end of 1995, now therefore be it RESOLV:ED, the Town authorize tlze appointmen� time Plann.i.ng Intern a estimated 15 hours per � limited to t:he temporary, it further Board of the Town of Ithaca does hereby . of Geraldine Tierney as temporary, part- � an hourly salary of $10.00, for an eek through December 1995. Benefits are �art-time status of this position, and be RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and approve a budget amendment to transfer $2,500 from Account B8020.406 Planning Study to Account B8020.110 Student Interns to fund the above-described Planning Intern position. MOVED: Councilwoman Valentino SECONDED: Councilman Niklas Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye�; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoma.n Harrison, aye; Councilman Conley, aye. Carried unanimous ly� . DATED: Sept.ember 11, 1995 J¢'an Ler.�t Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-7783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 10 SEQR: Local Law Amending Town of Ithaca Local Law No. 10 for the Year 1994 to Establish Amounts to Be Paid in Lieu of Open Space Reservations in All Residential Districts � Resolution No. 160 WHEREA:�, this action is the enactment of a local law amending Town of Ithaca Local Law No. 10 for the Year 1994 to establish amounts to be paid in lieu of open space reservations in all residential districts; and WHEREA:3, this is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws; and WHEREA:3 , the Town Board, a September 1�_, 1995, has reviewed and Environment��l Assessment Form, Parts there f ore bf� i t � a public hearing held on accepted as adequate the Short I and II for this action; now RESOLV]�D, that the Town of Ithaca negative dei;ermination of environmental with the New York State Environmental above referE�nced action as proposed and Environment��l Assessment Form, nor Statement w:ill be required. MOVED: Coun��ilman Niklas SECONDED: C��uncilwoman Valentino Supervisor irJhitcomb, aye; Niklas, aye; Councilman Councilwoma:z Harrison, < unanimously. DATED: Sept�=mber 11, 1995 Joan/JLent Noteboom, Town Board hereby makes a significance in accordance Quality Review Act for the , therefore, neither a Full an Environmental Impact Councilwoman Valentino, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; �ye; Councilman Conley, aye. Carried Town Clerk � u OF TOWI� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 11 PLANNING 273-1747 ZONING 273-1783 Enactment Local Law Amounts Paid In Lieu of Open Space Reservation " Resolution No. 161 WHEREAS�, the properly advertised Public Hearing has been held to consider a, "LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NiJMBER 10 FOR THE YEAR 1994 TO ESTABLISH AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS", now therefore bE� it RESOLV]�D, the Town Board of the Town of Ithaca does hereby enact Local Law No. /1995 a, "LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NUMBER 10 FOR THE YEAR 1994 TO ESTABLISH AMOUNTS TO BE PAID IN LI:EU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS", and be it further RESOLVED, the Town Clerk is hereby authorized and directed to prepare, pu.blish, and file all applicable documentation for the said local law as required. MOVED: Councilman Niklas SECONDED: Councilwoman Valen�ino ROLL CALL V�OTE: Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Counci.lman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, ayee Carried una,nimously. DATED: Sept.ember 11, an Lent: Noteboom, 1995 Town Clerk Y" � TO�VN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 TOWN BOARD MEETING 9/11/95 AGENDA ITEM NO. 13 ADOPTION I�F SIIPPLEMENTAL STATEMENT OF FINDINGS (REVISED 6/6/95) FOR TI3E CORNELL IINIVERSITY GENERIC ENVIRONMENTAL IMPACT STATEM7�NT (GEIS), DEVELOPMENT PROGRAM FOR POSSIBLE FIITIIRE EXPANS�ION SOIITHEAST OF CORNELL IINIVERSITY'S MAIN.CAMPIIS, (PRECINCT 7 REZONING) Resolution No. 162 WHEREA:3, Cornell University has requested that the Town of Ithaca con�sider rezoning the area known as Precinct 7 from a residential (R-30) district to a Special Land Use District, and WHEREA;;, the Planning Board of the Town of Ithaca made a positive dec�laration of Environmental Significance on May 21, 1991, directing C'ornell University to prepare a Generic Environmental 3mpact StatE:ment (GEIS ) , and WHEREA;3, Cornell University had a GEIS prepared which has thoroughly �=_xamined possible adverse environmental impacts and has proposed mii:igating measures to minimize such impacts, and WHEREAS, on April 19, 1994, the Planning Board of the Town of Ithaca, acting as Lead Agency, adopted the Final Generic Environment��l Impact Statement (FGEIS) for Possible Future Expansion Southeast of`Cornell University's Main Campus, (Precinct 7 Rezoning), naving duly considered the potential adverse environmental impacts and proposeci mitigating measures as required under 6 NYCRR 617 (the SEQR regulai�ions), and filed a Notice of Completion and issued the FGEIS on Apr-i1 28, 1994 to all involved agencies and the public, and WHEREA:�, the Town of Ithaca Town Board held a public November 10, 1994, to consider enactment of a local law tc the Special Land Use District, and appointed a committee the proposecl Special Land Use District and to recommend an� revisions tc> the Special Land Use District, and hearing on establish to review desirable WHEREA:�, the above-referenced committee has recommended that certain revisions be incorporated into the Special Land Use District, and has prE=_pared a Supplemental Statement of Findings (Revised 6/6/95} for the Generic Environmental Impact Statement, Development Program fo:= Possible Future Expansion Southeast of Cornell University'�; Main Campus, (Precinct 7 Rezoning); now therefore be it -2- RESOLVi;D, that the Town of Ithaca Town Board, acting as an Involved Age�ncy, concurs with the Town of Ithaca Planning Board's Statement of Findings adopted on May 19, 1994, as supplemented by the Supplemental Statement of Findings (Revised 6/6/95) for the Cornell University Generic Environmental Impact Statement, Development Program for Possible Future Expansion Southeast of Cornell University's Main Campus, (Precinct 7 Rezoning), and be it further RESOLVED, that the Town of Ithaca Town Board hereby adopts the Supplemental 5tatement of Findings (Revised 6/6/95) for the Generic Environmental Impact Statement, Development Program Future Expazision Southeast of Cornell University's (Precinct 7 Rezoning), as presented at the meeting of 1995. MOVED: Councilwoman Harrison SECONDED: Co�uncilman Niklas Supervisor tirhitcomb, aye; Councilwoman Valentino, Niklas, aye; Councilman Klein, aye; Councilwoman Councilwoman Harrison, aye; Councilman Conley, unanimously. DATED: Septe�nber 11, 1995 Joa,�i Lent Noteboom, Town Clerk for Possible Main Campus, September 11, aye; Councilman Grigorov, aye; aye. Carried f TOWl�T OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 � ,�o TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 14 Publi.c Hearing Date - Cornell University GETS, SLUD Resolution No. 163 ZONING 273-1783 BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular mee1�ing of the Town Board on Monday, October 2, 1995 at 8:00 p.m. to consider the Cornell University GEIS, Special Land Use District, (S�LUD) . MOVED: Coun<:ilman Niklas SECONDED: Cc�uncilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorav, aye; Councilwoman Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Sept�amber 11, 1995 Joan�Lent Noteboom, Town Clerk ►, TOWI� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HICiHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 15 Acknowledgement SCLIWC Appoint:ment to Positions Pursuant Resolution No. 164 PLANNING 273-1747 ZONING 273-1783 Resolution to Civil Service Laws WHEREA:3, the Southern Cayuga Lake Intermunicipal Water Commission (5CLIWC), with help from the Deputy Supervisor of the Town of Ith��ca, has been working with Tompkins County and the New York State c�ivil Service Agencies to qualify employment positions at the SCLIWC in accordance with applicable Civil Service Laws, rules and rE�gulations; and WHEREA;3, on August 3, 1995 the SCLIWC enacted a resolution appointing and reaffirming the incumbency of individuals in employment ��ositions; and WHEREA;7 , the Town o f listing of appointments as August 3, 1:a95; and I�haca Town Board has reviewed the outlined in the SCLIWC resolution of WHEREA�, it has been determined by the Tompkins County Personnel Df�partment and the New York State Civil Service Agencies that the Tc>wn Board of the Town of Ithaca must acknowledge the SCLIWC appo_Lntment of employment positions since the Town of Ithaca acts as adm_Lnistrative agent for the SCLIWC payroll; now therefore be it RESOLV:ED, the Town Board of the Town of Ithaca does hereby acknowledge the resolution enacted by the SCLIWC on August 3, 1995 entitled: Appointment to Positions Pursuant to Civil Service Laws MOVED: Councilman Niklas SECONDED: Councilman Klein Supervisor 'uVhitcomb, aye; Councilwoman Valentino, Niklas, aye:; Councilman Klein, aye; Councilwoman Councilwoma.n Harrison, aye; Councilman Conley, unanimously. DATED: September 11, aye; Councilman Grigorov, aye; aye. Carried 1995 � ,� Joan Lent Noteboom, Town Clerk TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item�No. 16 Puk>lic Hearing Date - 1996 Water Rate Schedules Resolution No. 165 BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meet:ing of the Town Board on Monday, October 2, 1995, at 7:45 p.m. tc�consider a, LOCAL LAW TO AMEND LOCAL LAW #2, 1976, BY �� ADOPTING A IJEW WATER R.ATE SCHEDULE EFFECTIVE JANUARY 1, 1996 FOR WATER RATES, CHARGES, AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN TH�� TOWN OF ITHACA". MOVED: Counc,ilman Niklas SECONDED: Cauncilwoman Harrison Supervisor L�Vhitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoma�l Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: SeptEsmber 11, 1995 Joan Lent Noteboom, Town Clerk �� TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 17 PLANNING 273-1747 ZONING 273-1783 Puk�lic Hearing Date - 1996 Sewer Rate Schedules Resolution No. 166 BE IT RESOLVED, the Town Clerk is hereby authorized and directecl to advertise for a Public Hearing to be held at the next regular meet:ing of the Town Board on Monday, October 2, 1995, at 7:30 p.m. t<> consider a, "LOCAL LAW AMENDING LOCAL LAW NO. 6/1986 TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA EFFECT:CVE JANUARY 1, 1996". MOVED: Counc:ilman Niklas SECONDED: Cc�uncilman Conley Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoma�z Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Sept�=_mber 11, 1995 Joan Lent Noteboom, Town Clerk OF � � ��� Yo4, t OWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 18 1996 Salary Pool Resolution No. 167 PLANNING 273-1747 ZONING 273-1783 RESOLVE;D, based on a recommendation from the Personnel Committee the total amount of money available for wage increases and adjustments shall not exceed 5� of the present gross salary pool for the year 1996. MOVED: Councilman Niklas SECONDED: Councilwoman Grigorov DATE: September 11, 1995 oan Lent Noteboom, Town Clerk TOW10� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HICiHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-) 704 Town Board Meeting Agenda Item No Personnel Grievance Resolution No. WHEREAS, the Personnel Committe Grievance P�_ocedure Policy for Town 9/11/95 19 Procedure 168 e has developed employees; and and approved a WHEREA:3, the Personnel Committee has recommended that the Town Board appro�ve and adopt the said Grievance Procedure Policy for inclusion i:n the Town of Ithaca Personnel Manual to replace the Problem Res��lution section; now therefore be it RESOLV:ED, the Town Board of the Town of Ithaca does hereby adopt the G:rievance Procedure Policy as presented and approved by the Personn��l Committee; and be it further RESOLVED, the said Grievance Procedure Policy shall be added to the Towr.� of Ithaca Personnel Manual as a replacement for the Problem Resolution section, Page 12. MOVED: Councilman Niklas SECONDED: Councilwoman Harrison Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye�; Councilman Klein, aye; Councilwoman Councilwoma.n Harrison, aye; Councilman Conley, unanimous ly . DATED: 5ept:ember 11, 1995 � ��� '�c,��.�. Joan Lerit Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 21 Bundy Road/Poole Road Speed Limit Request Resolution No. 169 WHEREA:3 ,- the concerned w:�th the and have exa�ressed petition fo�: lower ZONING 273-1783 residents on Bundy Road and Poole Road are speed of vehicular traffic in their neighborhood this concern to the Town Board in the form of a speed limits; now therefore be it RESOLV��D, that the Town Board of requests, tYirough the County of Tompkins, Traffic SafE�ty Division consider a linear hour for Bu�zdy Road, and a linear speed for Poole Rc�ad. the Town of Ithaca hereby that the State of New York speed limit of 45 miles per limit of 40 miles per hour MOVED: Counc�ilwoman Valentino SECONDED: Cc�uncilman Niklas Supervisor Whitcomb, aye; Councilwoman Valentino, Niklas, aye�; Councilman Klein, aye; Councilwoman. Councilwoman Harrison, aye; Councilman Conley, unanimously. DATED: Septf�mber 11, 1995 Joan Lent Noteboom, Town Clerk aye; Councilman Grigorov, aye; aye. Carried ������ TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 22 Approval Zoning Board of Appeals Member Request for Non Payment of Services Resolution No. 170 WHEREAS, David J. Stotz has requested that he not his service�, to the Town of Ithaca as a Zoning Board member because of income restrictions related to his from other full time employment; and be paid for of Appeals retirement WHEREAS, Mr. Stotz has also requested that his salary be donated on h.is behalf to the Greenway Coalition; and WHEREAS, the present Town of Ithaca Personal Manual and New York State Employees Retirement System do not prohibit an individual from denying a salary and acting as a volunteer; and WHEREAS, the Attorney for the Town has determined the Town of Ithaca is unable to donate the said salary to the Greenway Coalition because municipalities are prohibited by law from making donations tc� not-for-profit organizations; now therefore be it RESOLVE;D, the Town Board of the Town of Ithaca does hereby acknowledge and accept the request by David Stotz to deny a salary for his ser�rices as a Zoning Board of Appeals member; and be it further RESOLVE;D, the Town Board of the Town of Ithaca hereby determines the Town of Ithaca will be unable to donate the equivalent salary amount to the Greenway Coalition as requested by Mr. Stotz for the reasons indicated by the Attorney for the Town; and be it fu.rther RESOLVE;D, the Town Clerk is hereby authorized and directed to forward a c��rtified copy of this resolution to David J. Stotz, Zoning Boarcl of Appeals member. Supervisor V�rhitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye;: Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwomar.: Harrison, aye; Councilman Conley, aye. Carried unanimously. MOVED: Counc�ilwoman Valentino SECONDED: Councilman Niklas DATED: Septe�mber 11, 1995 J�an Lent Noteboom, Town Clerk J TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item No. 23 Ithacare Center - Lead Agency Status Resolution No. 171 ZONING 273-1783 WHEREA�S, Ithacare Center applied for and was granted a rezoning of certain property in the Town of Ithaca to a Special Land Use District No. 7 for the construction of the proposed Ithacare Center Senior Livi:ng Community; and WHEREAS, the matter was then referred to the Planning Board for consideration of whether to approve the proposed site plan; and WHEREAS, as a result of court proceedings and other actions a determination was made that a draft environmental impact statement (DEIS) be p:repared to evaluate the potential impacts of the proposed Ithacare Center Senior Living Community; and WHEREAS, in the course of the preparation of the DEIS an alternative proposed location for the building was evaluated in an effort to m:�tigate the impact of the building upon views in the area; and WHEREAS, the provisions of the local law creating Special Land Use District No. 7 provided that no building was to be erected in excess of :34 feet in height except a building in accordance with certain schematic sections and elevations referred to in such local law; and WHEREAS, the local law creating this Special Land Use District also provicled that there would be no significant revisions to the preliminary site plan dated October 4, 1993 without the approval of the Town Board prior to the issuance of any building permits; and WHEREAS, the alternate location of the building being suggested by the applicant may constitute a significant revision to the preliminary site plan and/or may result in construction different than the elevations and plans denominated "Schematic Sections and Elevations" (Drawing LS-3) made by L. Robert Kimball Associates, dated December 10, 1993; and WHEREAS, when the initial determination of environmental significance was made it was understood that the Town Board would not be taking a.ny further action and therefore would not need to be an involved ac�ency under the State Environmental Quality Review Act ("SEQR") requirements; and � �� Ithacare Res. 9/11/95 Page 2. WHEREAS, it now appears that there is a possibility the applicant m�iy return to the Town Board for either approval of a revised site plan or modification of the local law creating Special Land Use District No. 7 to permit construction in a manner different than shown oiz the above referenced Schematic Sections and Elevations; and WHEREAS, as a result, the Town Board may be required to take further acticsn with respect to the Ithacare Center proposal; and WHEREAS, in light of the foregoing circumstances the Draft Environmental Impact Statement that has been submitted by Ithacare to the Planning� Board has also been submitted to the Town Board for comment so that the Planning Board, in preparing the final Environmental Impact Statement would have the benefit of the comments of the Town Board relative to the environmental analysis related to the proposed alternatives upon which the Town Board may be requested to act; and WHEREAS, the Town Board members have reviewed the Draft Environmental Impact Statement and several of the Town Board members have made inciividual comments and forwarded same to the Town Planner for submissi��n to the Planning Board; and WHEREAS, it would be appropriate for the Town Board to indicate its consent to the Planning Board acting as lead agency for SEQR review; NOW, TH;�REFORE, BE IT RESOLVEI� that the Town Board of the Town of Ithaca hereby concurs in, and consents to, the designation of the Town of Ithaca F�lanning Board as lead agency for purposes of SEQR review with re:�pect to the application of Ithacare for site plan review and pos;�ible amendment of the local law creating Special Land Use Disi:rict No. 7; and be it further RESOLVEI�, that the Town Board acknowledges receipt of a copy of the Dra:Et Environmental Impact Statement prepared by Ithacare for rev_�ew; and be it further RESOLVEI), that the Town Board has reviewed such Draft Envirorunental Impact Statement and individual members of the Town Boeird will (or have) communicated comments on same to the Town Pl��nner by the end of business September 12, 1995. MOVED: Councilman Niklas SECONDED: Councilwoman Valentino DATED: September 11, 1995 an Lent Noteboom, Town Clerk � � v � ��� � 04. TOWN CLERK 273-1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 Town Board Agenda 9/11/95 Agenda Item No. 25 ]3azardous Materials Response Plan Adoption Resolution No. 172 WHEREA��, the Town of Ithaca is required under federal law to prepare and maintain a Hazardous Materials Response Plan; and WHEREA��, the City of Ithaca Fire Department provides fire protection t.o most of the land area in the Town of Ithaca; and WHEREA��, the City of Ithaca Fire Department will be the primar�r responder in the response plan serving these land areas; and WHEREA��, the Town of Ithaca recognizes that in the mair.itenance of such a response plan is therefore be� it a joint approach desirable; now RESOLVE:D, the Town Board of the Town of Ithaca does hereby adopt the City of Ithaca Hazardous Materials Response Plan, as currently d�=_veloped and maintained by the City of Ithaca Fire Department for those areas protected by the fire department; aizd be it further RESOLVE:D, that the Director of the Building and Zoning Department ��nd othe� Town officials, as appropriate, are hereby authorized ��nd directed to participate with the City of Ithaca in the maintenance of the plan and to participate in any discussions for any pro��osed changes to the current plan. MOVED: Counc�ilman Niklas SECONDED: Councilwoman Valentino Supervisor V+Thitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwomar.� Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Septe�mber 11, 1995 Jc��an Lent Noteboom, Town Clerk � ��� Y o4. TOWN CLERK 273-1721 TOV�IoT OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HICiHWAY 273-1656 PARKS 273--8035 ENGINEERING 273-1747 FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 Town Board Meeting 9/11/95 Agenda Item No. 26 Authorization To Enter Drug and Alcohol Consortium Resolution No. 173 WHEREA:�, Tompkins County, the City of Ithaca and the Towns and Villages of Tompkins County are required under the Omnibus Employee Testing Act of 1991 to implement drug and alcohol testing for their commercial cirivers license (CDL) holders by January l, 1996; and WHEREAS�, entering into an intermunicipal agreement pursuant to General Muni.cipal Law Article 5-G with Tompkins County, the City of Ithaca and the Towns and Villages of Tompkins Count� is an efficient arid cost effective method for all parties to comply with the said laou; now therefore be it RESOLVi�D, that the Town of Ithaca enter into an intermunicipal agreement w_�th Tompkins County, the City of Ithaca, and the Towns and Village�� of Tompkins County for the purpose of implementing the required drtzg and alcohol testing and in the furtherance thereof participate in the selection of a third party administrator to manage such drug and alcohol testing program; and be it further RESOLVi;D, that the Town Supervisor is hereby authorized to execute such an agreement on behalf of the Town., which shall contain such terms and conditions as the Town Supervisor with the advice of t:he Attorney for the Town shall deem appropriate to protect the Town's interests and shall provide for the sharing of costs upon an equitable basis between the parties and shall be binding upori the Town upon the execution thereof through December 31, 1996; arid be it further RESOLVF;D, that the Personnel Committee be requested to modify the Town's F'ersonnel Manual to conform to the requirements related to drug and alcohol testing as required by law. MOVED: Counc:ilman Niklas SECONDED: Councilman Klein Supervisor Vdhitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwomari Harrison, aye; Councilman Conley, aye. Carried unanimously,. DATED: Septe�mber 11, 1995 � Joan Lent Noteboom, Town Clerk (1 u I TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item Additional No. 1 Approval Purchase Offer - New Town Hall Resolution No. 174 ZONING 273-1783 BE IT RESOLVED, that the Town Board of the Town of Ithaca approves the terms of the Purchase Offer and Acceptance for the acquisition by the Town of premises at 119 West Court Street, Ithaca, New York e:xecuted by the Town Supervisor, August 17, 1995 and accepted by 114 West Buffalo Street Associates, August 18, 1995. MOVED: Counc:ilman Niklas SECONDED: C<�uncilwoman Valentino Supervisor "v�lhitcomb, aye; Niklas, aye; Councilman Councilwoman Valentino, Klein, aye; Councilwoman Councilwomari Harrison, aye; Councilman Conley, unanimously.. DATED: SeptE:mber 11, 1995 Joai� Lent Noteboom, Town Clerk , aye; Councilman Grigorov, aye; aye. Carried OF �� TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 Town Board Meeting 9/11/95 Agenda Item No. - Additional 2 Monthly Financial Reports - Ending 8/31/95 � Resolution No. 175 WHEREA;3, the Finance Committee has reviewed the August 1995 Financial Rfsport and recommended that the Town Board approve the said report:�; now therefore be it RESOLV�;D, that the Town Board of the Town of Ithaca does hereby approve the August 1995 Financial Report as recommended by the Finance Committee. MOVED: Coun<:ilman Niklas SECONDED: Councilwoman Grigorov Supervisor GVhitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwomari Harrison, aye; Councilman Conley, aye. Carried unanimously.. DATED: September 11, 1995 oan Lent: Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 FAX (607) 273-1704 PLANNING 273-1747 ZONING 273-1783 Town Board Meeting 9/11/95 Agenda Item Additional No. 3 Puk�lic Hearing Date - Village of Cayuga Heights Fire Protection Services Contract Resolution No. 176 BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meet:ing of the Town Board on Monday, October 2, 1995 at 7:15 p.m., i.n order that the Town Board may consider entering into a contract u�ith the Village of Cayuga Heights for Fire Protection Services. MOVED: Counc�ilman Klein SECONDED: Councilman Niklas Supervisor tn(hitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye� Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwomar.� Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Septe�mber 11, 1995 Joan Lent Noteboom, Town Clerk TOWN CLERK 273-1721 TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item Additional No. 4 Civil Service Position Classifications Resolution No. 177 WHEREA:3, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with applicable Civil Service laws, rules and regulations; and WHEREAS�, one regulation of Civil Service law is the creation of positions�with approved job descriptions before appointment; now therefore be� it RESOLVF:D, that the Town Board establishes the following positions i�z accordance with the applicable New York State and Tompkins CoLinty Civil Service classification rules: 1. The following position is established and believed to be in the non-competit:ive class pursuant to Section 42 of the Civil Service Law: (a) One �[istorian (part-time). 2. The following position is established and believed to be in the competitive class pursuant to Section 42 of the Civil Service Law: (a) One F'lanning Intern (part-time) and be it fu.rther RESOLVE;D, the Town Board does hereby approve the attached job descriptions for the said positions; and be it further RESGLVED, that the Town Clerk and other Town officers are requested and directed to forward a copy of this resolution to the Tompkins County Personnel Office for processing by said office to obtain certification of the positions as set forth. MOVED: Councilwoman Valentino SECONDED: Councilman Conley Supervisor Whitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye. Carried unanimously. _ DATED: September 11, 1995 � oan Lent Noteboom, Town Clerk � �J •• , TOWl� OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGI-IWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 FAX (607) 273-1704 Town Board Meeting 9/11/95 Agenda Item Additional No. 5 Appointment Part Time Historian Resolution No. 178 ZONING 273-1783 WHEREA;�, on August 7, 1995 the Town Board appointed Kathleen Quinn as a temporary part-time employee under a Civil Service laborer cla;�sification; and WHEREAS�, the Tompkins County Personnel Office has determined that because Ms. Quinn performs the duties of archaeological investigatic>ns in Inlet Valley the nature of the work is not within the laborer classification; now therefore be it RESOLVi;D, the Town Board of the Town of Ithaca does hereby confirm apF>ointment of Kathleen Quinn as permanent part-time Historian tYirough June 30, 1996, for a total of 260 hours at a rate of $10.00 F>er hour not to exceed $2,600.00, to be charged to Account B8C�20.110, with 100 hours of her time to be worked retroactive:Ly between August 8, 1995 and December 31, 1995, and 160 hours to be� worked between January l, 1996 and �une 30, 1996. Benefits are limited to the part-time Hiring for the period January 1, 1996 conditional upon funding the position for the 1996 buciget process. MOVED: Counr_ilwoman Valentino SECONDED: Cc�uncilman Niklas status of the position. �o June 30, 1996, to be that time period through Supervisor 6Vhitcomb, aye; Councilwoman Valentino, aye; Councilman Niklas, aye; Councilman Klein, aye; Councilwoman Grigorov, aye; Councilwoma�z Harrison, aye; Councilman Conley, aye. Carried unanimously. DATED: Sepi:ember 11, 1995 an Lent Noteboom, Town Clerk < 7.'OWN OF ITHACA AFE'1"DAVI'P OF POSTING AND PUBLICATION T, Joan Lent Noteboom being duly sworn, say that I am , the Town C1�?rlc of the 'Pown of Ithaca, Tompkins County, New York; that tlie Fo:Llowiny notice lias been duly posted on tlie sign board ot tlie 'i'own C1erk oL tl�e '1'own ot Ttliaca and that Lhe notice has been duly pi,�blished in the local newspaper: (Ithaca Journal) Notice of Public Hearing Local Law A�nounts To Be Paid In Lieu of Open Space Reservations Location of sign board used for posting: Town Clerk's Office Date of Posting: AuQust 28, 1995 126 East Seneca Street Ithaca, NY 14850 Date of Publication: Au�ust 31, 1995 � 1 � � .�I�� � �.►rA lh • j � � �� STATE OF NEW YORK ) COUNTY OF TOIKPKTNS ) . SS : TOWN OF TTHA��A ) S �" Swor o and subscribed before me this �% �' day oi 19 . ` ����� F. ��ii�� NOT�,HY Nua�ic STATE OF NEW YORK � # 4646 427 N o a y P 1 i r�w ...a - , .. � ._.x.� c �;_ � � �- �/.�o%'� '�OWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 NOTICE OF PUBLIC HEARING TOWN OF ITHACA PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will hold a public hearing at a regular meeting of the Town Board on Septembe�- 11, 1995, at 6:30 p.m., at the Town Hall, 126 East Seneca StreE�t, Ithaca, New York in order that they may consider enacting a local law amending a, "LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NL7MBER 10 FOR THE YEAR 1994 TO ESTABLISH AMOUNTS TO BE PAID IN LIEU OF OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS". PLEASE TAKE FURTHER NOTICE, all citizens at the aforementioned time and pl��ce shall be afforded the opportunity to voice their approval or opposition of the said local law. PLEASE TAKE FURTHER NOTICE, individuals with impairments, hearing impairments or other special needs, provided with assistance as necessary, upon request. desiring as:�istance must make a request not less than prior to the� time of the public hearing. PUBLISH: Aug�ust 31, 1995 Joan Lent Noteboom Town Clerk August 28, 1.995 visual will be Persons 48 hours f � � '�