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HomeMy WebLinkAboutTB Minutes 1998-02-09 TOWN OF ITHACA TOWN BOARD MEETING FEBRUARY 9. 1998 5 : 30 P . M. At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County, New York, held at the Town Hall , 126 East Seneca Street, Ithaca , New York, there were present: PRESENT: Catherine Valentino , Town Supervisor, Carolyn Grigorov, Councilwoman ; Ellen Harrison , Councilwoman ; Mary Russell , Councilwoman ; John Wolff, Councilman . (Councilman Wolff excused himself at 8 : 00 p . m . ) EXCUSED : David Klein , Councilman ; Edward Conley , Councilman . ALSO PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Attorney for the Town ; Fred Noteboom , Highway Superintendent; Daniel Walker, Director of Engineering ; Jonathan Kanter, Director of Planning ; Andrew Frost, Director of Building and Zoning; Alfred Carvill, Budget Officer. OTHERS : Robert Romanowski , Ithaca Fire Department; Erica Eisenstein , WHCU-AM ; Mike Koplinka- Loehr, Tompkins County Board of Representatives ; David Allee , 253 Warren Hall at Cornell University; Clarence Larkin , Town Justice . CALL TO ORDER: Supervisor Valentino called the meeting to order at 5 : 31 p . m . , and led the assemblage in the Pledge of Allegiance . Town Justice Clarence Larkin - Presented a copy of the design of the court facilities for the Town and Village of Groton and explained it is a multipurpose court room . The Groton court room has 2 , 300 square feet without offices for the Judges . The office called "JP" is the clerk's office . There are no private bathrooms or robing room . There would be 3 , 200 square feet if the bathroom and storage facilities were added . This court space is adequate for the Town and Village of Groton . Last year the Town of Ithaca Justice Courts handled 2 , 800 people and the Town and Village of Groton handled 1 , 400 . The Town of Lansing had the same with $70 , 000 in fines and fees . I had $ 111 , 000 in revenues from my court, and Judge Bordoni had over $40 , 000 last year. The Town of Ithaca had over $ 150 , 000 in fines and fees received last year. That is twice as much as the combined amount for the Town and Village of Groton . People think that the Town of Lansing is the busiest court in Tompkins County, but that is not true because the Town of Ithaca does twice as much as they do . We do not need twice the area , but I would hope that the Town Board would keep these numbers in mind while designing the new Town Hall . At my next court night, I have five DWI cases to sentence, along with approximately 12 criminal cases , and 30 to 40 vehicle and traffic cases . Supervisor Valentino - Tomorrow morning the Town will be reviewing the first schematic design of the new Town Hall with the architects to look at what they are proposing in relation to space . After that meeting the design will be passed on to staff for comments . AGENDA ITEM NO. 4 - REPORT OF FIRE COMMISSIONERS : Robert Romanowski - The Ithaca Fire Department acquired 13 new volunteers last month . Eight volunteers are for Company Number 9 at Cornell University . Three volunteers are for Company Number 3 , and two are unaffiliated with any company . IMENNE TOWN BOARD MEETING 2 FEBRUARY 9. 1998 APPROVED - MARCH 911998 There have been changes in job assignments for the staff for 1998 . The Fire Chief is going through them to emphasize certain areas of fire service . There will be a need for future fiscal changes . The Fire Chief will be addressing those changes as they arise . Assistant Chief Ray Wheaton will manage the Fire Prevention Bureau , such as inspections , full time . He was the former Municipal Training Officer, He will now report directly to the Fire Chief. Deputy Chief Doorman is the Department's Municipal Training Officer. His primary responsibility will now be the support and training sections . There is a comprehensive inventory of buildings with sprinkler systems being prepared by Firefighter Mark Spatellini . The information will be put into a new Fire Point Software System for use in managing inspections and pre-planning . There are always new standards for training in fire fighting . For example , the Fire Department just received notice from the Federal Department of Labor that they have issued a revision to the respiratory standard . Now there must be two trained and equipped firefighters standing by outside anytime there are firefighters inside an actual or potential lethal environment. Also, when firefighters enter a lethal environment there must be at least two firefighters to enter as a team . No one fireman should enter a building by themselves . Any time there are two firefighters in a building there must be two other people standing by outside ready to go in . It is not becoming any easier, it calls for a larger manpower demand at any fire fighting scene . The Ithaca Fire Department participated in the Statewide Mobilization for the north country ice emergency. Three Ithaca Fire Department vehicles and teams of personnel , career and volunteer firefighters , went to Malone , New York to help . There were a total of six teams who took turns going for five weeks . The State will reimburse the participating municipalities for their expenses . Plans are underway for a 175th year celebration of the establishment of the Ithaca Fire Company Number 2 . There will be more information supplied at a later date . When Company Number 2 was first formed they sent away for fire apparatus , a hand pumper. and a leather hose cart, while they were waiting for shipment another company asked to be incorporated , but nothing happened . The apparatus came with a number 2 on the side of it because of the confusion with the other companies incorporation request. They did not want to spend the money to change the number on the equipment from a two to a one , so the Number 2 stayed . Supervisor Valentino - The year 1999 will be the final year of the Town 's fire contract with the City. I have mentioned to the Mayor that negotiations should be started on a new contract. Mr. Romanowski - I have supplied Supervisor Valentino with the Mayor's remarks to the Budget and Administration Committee . If there are comments , please pass them along to the Mayor. We would like to hire ten more firefighters . The starting salary for a new firefighter is approximately $24 , 000 with an additional amount of approximately $ 14 , 000 for health insurance , retirement, and disability for that firefighter. It costs about $55 , 000 a year for one new firefighter to start working . It costs $600 to train a volunteer and have them on a job . Councilwoman Mary Russell - What is the status of the Fire Chief's Legislative Initiatives on Fees and Permits? Mr. Romanowski - That is now being reviewed in the Budget and Administration Committee and the Charter and Ordinance Committee . It is an ongoing work in progress with the Common Council . The City Attorneys are investigating all the particular items in this . There is an understanding that taxation is TOWN BOARD MEETING 3 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 considered at a saturation point. If the Fire Department wants something we need to find different ways of receiving monies other than through taxation . Councilwoman Russell - Would all of these things need to be enacted by City Code in order for the Town Board to make this effective? Mr. Romanowski - The Town Board would also need to enact the same things . If an Emergency Medical Technician were called for something other than an emergency, there is no reason why some of the services couldn 't be paid for even if the service is provided by the Fire Department. The Fire Department cannot charge someone to come and put out a fire . Some of the emergency services cannot be charged for, but there are other services being offered now by the Fire Department which are not their primary responsibility. They are things the Fire Department just started doing . If the Fire Department needs to inspect something then there will be a share in the cost for the Fire Department doing so . The Town Board had a brief discussion on inspections done by the Town of Ithaca and ones done by the Fire Department. Negotiations will need to start soon on a new contract with the Fire Department. AGENDA ITEM NO . 3 - REPORT OF TOMPKINS COUNTY BOARD OF REPRESENTATIVES : Mike Koplinka- Loehr - The County Board has been rearranging some of their Committees and Boards. The State has been proposing a decrease in sales tax. The County will be analyzing the sales tax before 1999 , and would like the Town 's help to do that. There is special committee for Tourism , Arts, and Culture which will be review how tourism dollars are spent. The Advisory Board on Tourism Development will still administrate the grant process . March 16 , 1998 is the deadline for a grant to fund a study on how tourism dollars might be invested . The Economic and Work Force Development Committee is reviewing any proposals for economic developments in the county. TCAD has a planner who will gathering input. The County just passed a tax break for persons with disabilities who own property. It is very similar to senior citizen exemptions that the County has had in the past. There will be a task force appointed next week to review the public safety facility and space needs . Public Library improvements will be another issue addressed, such as expansion or rearranging considerations . Councilwoman Russell - The Town Board did not get a clear answer from the County as to when they would be doing road projects . The Town was not directly notified by the County, we were only notified because we are a member of the MPO . There was no communication directly from the County. Supervisor Valentino - There have been discussions on those issues . The County will be trying to improve those communications . Last week at the Tompkins County Municipal Officer's Association Meeting , I mentioned two issues dealing with the County that I have been concerned about. One of them has been the indemnity clause in contracts with the County. The other municipalities also mentioned that they are concerned the language seems stronger than it needs to be . They gave me the authorization to negotiate on their behalf with the County to try and resolve this issue. Attorney Barney and I will being scheduling a meeting for those negotiations . The other concern we had was our share of the one percent sales tax and the way it has been distributed in the past. TOWN BOARD MEETING 4 FEBRUARY 911998 APPROVED - MARCH 9, 1998 AGENDA ITEM NO. 5 - PERSONS TO BE HEARD; David Allee - I manage the Local Government Program , which is in the Department of Agriculture Economics that is now ARME (Agricultural Resource Managerial Economics) . A former student who is with the Department of State is trying to explore what might be done to improve the management of septic systems . I am here to talk about a grant proposal under the Environmental Facilities Bond Act Program . The original concept was to produce a plan for watersheds to address the septic system problems . The original proposal was cut back to $ 100 , 000 in order to find out what approaches to managing septic systems really work and how well they work. There are approximately 3 million citizens in New York who are served by septic systems . Many of the septic systems do not work well , and they put at risk the water wells of people who use them , and their neighbors as well . New York City is proposing to pay to bring every septic system in their watersheds that supply their reservoir up to the State standards . The one thing they are discussing is whether they should go beyond that scope or not. As you may recall , New York raised their standards for the effectiveness of septic systems a few years ago . These grant funds are only available to municipalities . The structure of this grant would be carried out by a team from Cornell University. The official linkage to the Department of State in reporting on the expenditures made and passing the paper through would be done in the Town's name . Compensation for that standard procedure is to buy a part of the Town' s administrative staff' s time . There has not been any discussion about how much time that might be . A part of that would depend on getting a more detailed work plan , which Cornell University is in the process of putting together. Supervisor Valentino - The Town would be vouchering the State for the grant monies? Mr. Allee - Yes . Cornell University would be reporting how much of the work has been accomplished, and the Town will bill for compensation . Cornell University will front end the obligations that occur. The Town would not have to front the money for the cost of the-pr4ect. The Board was supplied with a draft contract. The agreement would be between the Town and the Department of State to hire Cornell University to carry out the requirements of the work. Councilwoman Ellen Harrison - Is Cornell University's local share to be $ 100 , 000? Mr. Allee - The share has to be from non-state sources unless it is member item funds. That might be more important in the next phase . There have been a few of these projects that have worked well . The approach would involve people who have had experience with respect to septic systems . Every time people met with them both at the meeting and preparation for the meeting counts . If a focus group were held to explore for information , the meeting time or preparation time counts towards the match . That is the approach that Cornell University plans to take . A focus group will be organized to help with this work. As the Board looks through the proposal it mentions that the Town would designate a project manager, which could be me or Dave Kay. Task 4 will be to identify components for a manual that would help someone figure out what they would do to manage a septic system . Councilwoman Russell - Are you expecting the local share to meet the $ 100 , 000 level so all these tasks will be completed? Mr. Allee - Yes . The am program is supported by the Economic Development Administration . Part of the time could be collected on the Federal funds . Councilwoman Harrison - How firm is the time frame for completion of the project? I I so= TOWN BOARD MEETING 5 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 Mr. Allee - Getting them to change a schedule with a no fund extension approach should not be a problem . John Harring will be the project manager for that portion . They will be involved every step of the way . When the decision is made to do the focus group he will be part of that decision . Larry Gearing has indicated an interest in being part of the team , and he has had experience . Supervisor Valentino - Cornell University is asking the Town to make a decision by February 17th? Mr. Allee - Yes . They would like to have this contract all together by the end of March . The indirect cost rate will be 12 . 3 percent with no fringe benefits for non-town employees . Attorney for the Town John Barney - The Town is supposed to sign a contract with the State for a $200 , 000 expenditure showing that the Town will spend $ 100 , 000 . Would the Town have a contract with Cornell University for the other $ 100 , 000? Mr. Allee - Yes , the Town will use $ 100 , 000 as the matching portion . Attorney Barney - Before the Town signs with the State , the Town should be provided with the Cornell University piece. Councilwoman Harrison - Is this statewide project, or is it linked to the water front study? Mr. Allee - The part of the bond act program that the Department of State manages is the water front development. It is very consistent with most of the problems that are caused by septic systems and where they take place . RESOLUTION NO. 19: Motion made by Councilwoman Harrison, seconded by Councilwoman Grigorov that the Town Board of the Town of Ithaca approves the application of funding for 1997-98 Local Waterfront Revitalization Project. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 6 - REVIEW OF CORRESPONDENCE : A. Stuart W. Stein , Chair Board of Representatives - Electric Power Committee - See attached . The Town Board had a brief discussion on the letter from Stuart W. Stein in regards to developing a deregulation environment for purchasing electric power in New York State . AGENDA ITEM NO. 7 - LARRY PARLETT SCLIWC ADMINISTRATIVE LEADER - METER READING AND BILLING PROBLEMS : Agenda Item No . 7 , deferred until further information and review is provided . AGENDA ITEM NO. 11 - CONSIDER APPROVAL OF THE 1997 ANNUAL REPORT OF THE TOWN JUSTICE : RESOLUTION NO. 22: Motion made by Supervisor Valentino, seconded by Councilman Wolff that the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the TOWN BOARD MEETING 6 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 attached 1997 Annual Report of Town Justice Clarence Larkin. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 12 - CONSIDER APPOINTMENT OF TOWN HISTORIAN. RESOLUTION NO. 23: Motion by Councilman Wolff, seconded by Councilwoman Russell that the governing Town Board hereby appoints Geoffrey Morse as a representative of the DeWitt Historical Society of Tompkins County, Inc. to serve as the Town of Ithaca Historian for the Term of Office February 9, 1998 - December 31 , 1998. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 13 - CONSIDER SETTING A PUBLIC HEARING DATE ON A LOCAL LAW ESTABLISHING A (90) DAY MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATION TOWERS IN THE TOWN OF ITHACA: RESOLUTION NO. 24: Motion made by Supervisor Valentino, seconded by Councilwoman Russell that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on March 91 1998, at 6.30 p. m. , in order that the Town Board may consider adopting a, "LOCAL LAW ESTABLISHING A (90) NINETY DAY MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATION TOWERS IN THE TOWN OF ITHACA ". A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carved unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 14 - CONSIDER SETTING A PUBLIC HEARING DATE ON A LOCAL LAW ALLOWING CITY OF ITHACA POLICE DEPARTMENT JURISDICTION ON TOWN OF ITHACA SCHOOL DISTRICT PROPERTIES : Supervisor Valentino - Through discussions with Attorney Barney it was decided that the Town Board does not need to do a local law to move forward on the agreement with the City. The Town needs draw up an agreement and have both parties sign it. Attorney Barney will draft an agreement for the Town Board to review at the March Town Board meeting . AGENDA ITEM NO. 15 - CONSIDER SETTING A PUBLIC HEARING DATE ON A LOCAL LAW REVISING THE TERM OF OFFICE FOR THE PLANNING BOARD MEMBERS : Attorney Barney - The members of the Planning Board could have five year terms . That way each year a member's term will be up for consideration . This will allow a rotating schedule of appointment. Councilwoman Russell - Would it be appropriate for current members of the Planning Board to comment on this? TOWN BOARD MEETING 7 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 Director of Planning Kanter - The Town Board could refer the proposal to the Planning Board for a recommendation . That could be done for the March 3 , Planning Board meeting . RESOLUTION NO. 25: Motion made Supervisor Valentino, seconded by Councilwoman Grigorov that the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on March 9, 1998, at 7: 00 p. m. , in order that the Town Board may consider adopting a, "LOCAL LAW REVISING THE TERM OF OFFICE FOR PLANNING BOARD MEMBERS" A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO . 8 - PUBLIC HEARING : TO CONSIDER. "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS" : Supervisor Valentino opened the public hearing at 6 : 30 p . m . . The Town Clerk had proof of posting and publication . As no one from the public came forward wishing to be heard , Supervisor Valentino closed the public hearing at 6 : 31 p . m . . AGENDA ITEM NO. 9 - CONSIDER SEQR RELATED TO, "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS RESOLUTION NO. 20: Motion made by Supervisor Valentino, seconded by Councilwoman Harrison that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . ( NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO . 10 = CONSIDER ADOPTION OF , "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY ( 90) DAYS" : RESOLUTION NO, 21 : Motion made by Councilwoman Harrison, Seconded by Councilman Wolff that the governing Town Board of the Town of Ithaca does hereby adopt Local Law No. 11998 a, "LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS'; and be it further RESOLVED, the Town Clerk is hereby authorized and directed to advertise and file the said local law as required by Town Law. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) TOWN BOARD MEETING 8 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 AGENDA ITEM NO. 16 - CONSIDER RESOLUTIONS TO BE PRESENTED AT THE ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK 1998 TRAINING SCHOOL AND ANNUAL MEETING : There was a brief discussion by the Town Board about the resolutions to be presented at the Association of Towns of the State of New York 1998 Training School and Annual Meeting on February 15 - February 18 , 1998 . There were some suggestions made for modification of the resolutions that will be made by the delegated at the Annual Meeting prior to the vote . RESOLUTION NO. 26: Motion made by Councilwoman Russell, seconded by Councilman Wolff that the governing Town Board of the Town of Ithaca provisionally approves the Association of Towns of the State of New York's 1998 resolutions as attached to be presented for consideration at their 1998 Annual Training School & Annual Meeting to be held February 15 - February 18, 1998 in New York City, and be it further RESOLVED, the Town 's Delegate, Catherine Valentino and Alternate Delegate, Carolyn Grigorov are hereby instructed to exercise discretion in voting on the said resolutions based upon any information that may be provided during the floor discussions of the resolutions at the said Annual Training School & Annual Meeting. A vote on the resolution resulted as follows: Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 17 - TOWN SUPERVISOR UPDATE REGARDING THE SCLIWC/CITY OF ITHACA JOINT WATER SYSTEM : Supervisor Valentino - There was a meeting with .the City last week. It was decided at the meeting to appoint a smaller group to specifically pursue the partnership idea with the City. The group will decide how to share the information on costs and other things . We need to determine what it costs the three entities to produce water, and documentation needs to be provided . Director of Engineering Walker - The City has not made a decision to apply for SCLIWC membership . The SCLIWC has not suggested that membership expansion would be the best thing . There are two alternatives , one would be the full membership of the City . The other would be to contract with the City through the jointly owned commission water plant. There are still two elements being discussed , no decisions have been made , but they would like to proceed with considering a draft agreement. Supervisor Valentino - In order to decipher the contract, we need to decide what the real costs are for producing and selling water. The numbers that Cornell University , Bolton Point, and the City are using are somewhat different. Those numbers need to be calculated more accurately. At a meeting with the Commissioners , it was mentioned that they would like a smaller group to discuss the partnership . John Hartell , Jean Kirby , and myself were the three people who were chosen to work with the City and Cornell University on how we could pursue the partnership idea . Any information will passed along to the Town Board . AGENDA ITEM NO. 18 - DISCUSS CONCERNS RELATED TO THE SCLIWC BUDGET: Supervisor Valentino - It was discovered some time ago that Bolton Point was using the wrong chart of accounts for line item appropriations within their budget. We have been working with them on a resolution that corrects those appropriations classifications . Larry Parlett and I worked on the proposed OEM TOWN BOARD MEETING 9 FEBRUARY 9. 1998 APPROVED - MARCH 9, 1998 resolution together. I think the resolution is the simplest way to make these needed changes so everyone understands the budget modifications . RESOLUTION NO. 28: Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov that the Town Board of the Town of Ithaca hereby authorizes and directs staff to modify the Approved 1998 SCLIWC Budget to include the attached revisions listed which include both changing the account numbers from 83X0. 2XX (Equipment) to 83X0. 4)0( (Contractural), as well as moving the funds from the existing appropriation line to the revised appropriation line effective January 1 , 1998. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 19 - CONSIDER SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS FOR THE PURCHASE OF A ( 1 ) ONE TON CAB AND CHASSIS TRUCK FROM THE WATER AND SEWER FUNDS : The Town Board had a brief discussion on the specifications of the truck and what the truck would be used for. RESOLUTION NO. 29: Motion made by Supervisor Valentino, seconded by Councilman Wolff that upon recommendation of the Town Engineer, the specifications for a new 1 Ton Cab and Chassis be accepted, and be it further RESOLVED, that the Town of Ithaca Town Clerk is authorized to advertise and receive bids for the new (1) Ton Cab and Chassis Truck. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 20 - CONSIDER SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS FOR THE REPLACEMENT OF (2) ONE TON TRUCKS AND ( 1 ) PICK UP TRUCK FOR THE HIGHWAY DEPARTMENT: RESOLUTION NO. 30: Motion made by Supervisor Valentino, seconded by Councilwoman Russell that upon recommendation of the Highway Superintendent, the specifications for two (1) Ton Cab and Chassis Trucks and one Pick-Up Truck be accepted, and be it further RESOLVED, that the Town of Ithaca Town Clerk is authorized to advertise and receive bids for the two (1) Ton Cab and Chassis Trucks and one Pick-Up Truck. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 21 - CONSIDER AUTHORIZATION AND APPROVAL FOR THE PERSONNEL COMMITTEE TO ALSO SERVE AS THE DEFERRED COMPENSATION COMMITTEE OF THE TOWN OF ITHACA : TOWN BOARD- MEETING 10 FEBRUARY 9, 1998 APPROVED - MARCH 9. 1998 RESOLUTION NO. 31 : Motion made by Councilwoman Harrison, seconded by Councilwoman Grigorov that the Town Board of the Town of Ithaca does hereby authorize the already established Personnel Committee to also serve as the Town 's Deferred Compensation Committee. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 22 - CONSIDER RESOLUTIONS APPROVING AND/OR AUTHORIZING THE FOLLOWING . RESOLUTION No 's. 32 (a) - 32 (i) and 32 (m) : Motion made by Councilman Wolff, seconded by Councilwoman Russell that the goveming Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No. 22 (a) - 22 (m) as presented and/or amended. Consent Agenda Item No. 22 (k) will be considered separately, and 22 (1) is removed from consideration. A vote on the resolutions resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolutions is hereto attached . ) AGENDA ITEM NO. 22 (K) : Councilwoman Russell - What were these funds appropriated for, and why didn 't the purchase go forward ? Town Budget Officer Alfred Carvill - In the 1997 Budget, there was a budgeted amount of $ 12 , 500 for the purchase of land from Tompkins County . The 1997 resolution the Town Board passed committed funds to purchase that land . That money was encumbered for the year ending 1997 , and is already provided in the 1998 Budget from the 1997 Budget. However, the 1998 Budget again shows another $ 12 , 500 appropriation to purchase the land , so that appropriation needs to be removed through an amendment. RESOLUTION NO. 33: Motion made by Supervisor Valentino, seconded by Councilwoman Russell that the goveming Town Board does hereby authorize and direct the Budget Officer to return the amount of $ 12, 500 for the purchase of land from Tompkins County to Unappropriated Fund Balance for future budget consideration and use. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. ( NOTE : Formal adopted resolution is hereto attached . ) ADDITIONAL AGENDA ITEM NO. 1 - CONSIDER BID ACCEPTANCE REQUEST FOR PROPOSAL FOR THE HIGHWAY/PARKS FACILITY: Superintendent Fred Noteboom - On January 27th , the Public Works Committee discussed three proposals received . The MRB Group , Rochester, New York had the preferred proposal . That proposal appeared to have the least cost. The cost should not exceed $ 12 , 000 for the specification requirements as outlined . TOWN BOARD MEETING 11 FEBRUARY 9 , 1998 APPROVED - MARCH 9, 1998 RESOLUTION NO. 34: Motion made by Councilwoman Russell, seconded by Councilman Wolff that the Town of Ithaca Town Board accepts the respective RFP from MRB group; and be it further RESOLVED, that the Highway Superintendent is hereby authorized and directed to expend no more than $ 12, 000, from the General Fund Account A5132. 418 for these endeavors. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) ADDITIONAL AGENDA ITEM NO. 2 - CONSIDER AUTHORIZATION FOR THE TOWN SUPERVISOR TOE EXECUTE UTILITY WORK AGREEMENTS WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION : Director of Engineering Walker - The New York State Department of Transportation (NYSDOT) is planning to repave Route 327 within the Town of Ithaca. Also they will be re-paving Route 89 (Taughannock Blvd . ) within the Town of Ithaca . The Town has utilities in those road ways of water and sewer, and there are some man holes and valve boxes that need to be raised so they are not buried under the pavement. NYSDOT will be raising those to meet their new pavement line at no cost to the Town as long as they have a resolution from the Town authorizing them to do that, and saying that the Town will maintain those facilities after they are installed . RESOLUTION NO. 35: Motion made by Councilwoman Grigorov, seconded by Supervisor Valentino that the Town Board hereby authorizes the Town Supervisor to enter into Work Agreement with NYSDOT PIN 360059. 101, Route 89 MBC Resurfacing, and PIN 360064. 101, Route 327 MBC resurfacing, and be it further RESOLVED that the Town Board hereby grants the State of New York authority to perform the adjustments for the Town, and be it further RESOLVED, that the Town Board agrees that the Town will maintain facilities adjusted via the State-let contract. A vote on the resolution resulted as follows: Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell, aye; Councilman Wolff, aye . Motion carried unanimously. (NOTE : Formal adopted resolution is hereto attached . ) ADDITIONAL AGENDA ITEM NO. 3 - REVISIONS TO THE DEFERRED COMPENSATION PLAN FOR I . R. C. SECTION 457 PLANS TRANSFERRING FROM THE STATE PLAN TO THE MODEL PLAN DATED (9/3/97) : RESOLUTION NO. 36: Motion made by Supervisor Valentino, seconded Councilwoman Grigorov that the Town Board hereby approves the revisions to the Deferred Compensation Plan for /. R. C. Section 457 Plan transferring from the State Plan to the Model Plan Dated (913197). A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, absent during voting . Motion carried . (NOTE: Formal adopted resolution is hereto attached . ) i TOWN BOARD MEETING 12 FEBRUARY 9, 1998 APPROVED - MARCH 9, 1998 ADDITIONAL AGENDA ITEM NO . 4 - CONSIDER DRAFT RESOLUTION FOR TOMPKINS COUNTY AGRICULTURE FARMLAND PROTECTION PLAN : Director of Planning Kanter - The Tompkins County Board of Representatives will be holding a public hearing to consider adoption of this plan at their February 17th meeting . The Tompkins County Agriculture and Farmland Protection Board is responsible for getting the plan throughout the County. They have been working on this for several years . This plan largely parallels what the Town of Ithaca has been doing , including our planning for agriculture and the adoption of the Town ' s Open Space Plan . This is on the County level . They have been trying to come up with programs for continued viability in the County. The Town ' s Conservation Board considered adopting a similar resolution on February 5 . That resolution is in the Town Board packets . Is the Town Board willing to provide a resolution of support of this plan to the County Board of Representatives? The basic goals are consistent with what the Town has been looking at for our farmland preservation programs . A lot of what the Town will be doing will be done under the County' s Plan . Adoption of this County Plan does not necessarily restrict funding sources the Town could go to, but if the County has a plan in place it will help solidify the Town 's grant applications when we apply for State and Federal grant monies . Councilwoman Harrison - Is there anything in the plan that is inconsistent with the kinds of things that the Town is considering , such as the Agricultural Zone? Director of Planning Kanter - They do not want to say not to adopt agricultural zoning . They are fairly silent in terms of zoning . They do not come up with specific programs for a Countywide Purchase of Development Rights system . Their goals are assets . The things the Town has adopted on our plan is consistent with what they are recommending . Their goals are to identify agricultural resources in need of protection and suggest appropriate protection mom. The County is more concerned with economic vitality and the viability of agriculture to -mooing in the County. - The -Lounty may recommend that the Town go beyond some of thigg we` have been doing and try to some other economic type programs . That is something to consider. Councilwoman Russell - The plan has a Phase I label , would there be another Phase to this? Director of Planning Kanter - The summary in the packet has a short summary of Phase II , which is nothing beyond what they have said in Phase I . The strategies are the same. RESOLUTION NO. ? ?: Motion made by Councilwoman Grigorov, seconded by Councilwoman Russell that the Town Board hereby supports the Agriculture & Farmland Protection Plan for Tompkins County prepared by the Tompkins County Agriculture & Farmland Protection Board, and FURTHER, urges the Tompkins County Board of Representatives to adopt said Plan, as presented. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. ( NOTE : Formal adopted resolution is hereto attached . ) AGENDA ITEM NO . 23 - REPORTS OF TOWN OFFICIALS : A. Town Clerk/Receiver of Taxes - See attached . Be Highway Superintendent - See attached . TOWN BOARD MEETING 13 FEBRUARY 9, 1998 APPROVED - MARCH 9. 1998 Councilwoman Russell - I received a call from a resident on Coddington Road about their mailbox being hit by a snow plow. Does the Town plow Coddington Road? Superintendent Noteboom - Yes , that person can contact the Highway Department to receive the forms to make a claim . C. Director of Engineering - See attached . Director of Engineering Walker - The architects have started schematic designs for the new Town Hall . Supervisor Valentino and I will be reviewing them tomorrow, and staff will be looking at them soon . D. Director of Planning - See attached . Councilwoman Grigorov - Did anyone appear to speak for the Mecklenburg Heights public hearing at the Planning Board? Director of Planning Kanter - That was not a public hearing for Mecklenburg Heights . The public hearing will be scheduled for the March Planning Board meeting . The last meeting with the Planning Board for the Mecklenburg Heights Development addressed determination of environmental significance . Councilwoman Grigorov - Is there controversy between the Planning Board members about this project? Director of Planning Kanter - "No . " Councilwoman Harrison - Has this been handled differently than the way other 56 apartment unit buildings on nine acres have been dealt with ? Director of Planning Kanter - " No . " Councilwoman Harrison - In terms of where the building will be located , would they be low enough on the crest? Director of Planning Kanter - The buildings will be located at the bottom of the hill . They will not be sticking out. The buildings will fit right behind the developed area of the City just below the hill . Councilwoman Russell - Where would the driveway entrance be on Mecklenburg Road ? Would it be in the 55 MPH zone? Director of Planning Kanter - The driveway entrance will be in the 55 MPH zone . There has been a request from the Mecklenburg Heights developers asking for a reduction of speed limit on that road . There were a lot of discussions and work on the location of the access road , and the driveway proposal was moved up the hill farther from where it was originally proposed because of sight distance concerns. The access way will have approximately 1 , 000 feet sight distance looking up the hill to the west, and approximately 900 feet looking down the hill to the east. The State standard for that speed and area is a minimum of 600 +/- feet. This new location of the access way will work out much better. The Public Works Committee has written a letter to the NYSDOT about the request for a speed zone reduction for this section of Mecklenburg Road . TOWN BOARD MEETING 14 FEBRUARY 9, 1998 APPROVED - MARCH 91 1998 E. Director of Building/Zoning - See attached . Director of Building and Zoning Andrew Frost - In response to the discussion at the last Town Board meeting , the Building and Zoning Department mailed sixty two letters to owners of multiple dwellings and areas of public assembly notifying them of the extension of the sprinkler retrofitting requirements . F. Human Resources - See attached . G . Budget Officer - Town Budget Officer Carvill - The summary in the Operating Funds echoes the Fund Balances because on January 31 , the Receiver of Taxes paid the town a significant amount of tax money collected . The Town has very strong Fund Balances as we move into 1998 . As we invest funds this year there may be some issues we have to address , such as from the Fire protection Fund . Fire Protection services are now standing on their own with very little resources from sales tax. I am pleased to report that the 1997 Annual Report is ready for typing . I have received the draft from the Town Clerk's office on the footnotes from the 1997 Annual Report. Our goal is to have the 1997 Annual Report in the mail before we leave for the Association of Town's meeting next week. Other Business : The Town Board had a brief discussion as to what board member would act in the absence of the Supervisor and Deputy Town Supervisor when the attend the Annual Meeting of the Association of Towns . As a result of the conversation , the following resolution was enacted : RESOLUTION NO. 27: Motion made by Supervisor Valentino, seconded by Councilwoman Harrison that the Town Board of the Town of Ithaca does hereby appoint Councilwoman Mary Russell as acting Deputy Town Supervisor for- the period of February 15 to February 18, 1998, during the absence of the Town Supervisor and the Deputy Town Supervisor, and be it further RESOLVED, as said Deputy Town Supervisor, Councilwoman Russell shall be empowered with all duties and responsibilities as may be imposed as Deputy Town Supervisor by Town Law, General Municipal Law, and Public Officers Law, and be it further RESOLVED, Councilwoman Russell is hereby authorized to sign checks and any financial wire transfers of the Town of Ithaca and the Southern Cayuga Lake Intermunicipa/ Water Commission. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. (NOTE: Formal adopted resolution is hereto attached . ) AGENDA ITEM NO. 24 - REPORT OF TOWN COMMITTEES : Councilwoman Russell - The Recreation Partnership discussed the 1998 Work Plan and the preliminary budget numbers from 1997 at their last meeting . They want to start discussing the 1999 budget. The Cornell Community Waste Management Advisory Committee met recently to discuss the first thirty page report of the Environmental Consultant. One of the things that the consultant pointed out was that the current incinerator operating at Cornell University is only incinerating carcasses and bedding , I Imm TOWN BOARD MEETING 15 FEBRUARY 9. 1998 APPROVED - MARCH 9, 1998 and was most probably generating a significant amount of dioxin . With that in mind the consultant made some proposals to move the process forward at a quicker pace . The Committee did come to a consensus to concentrate his work on the alternatives to incineration . It was considered as one of the options , but the Cornell University representatives were willing to use incineration as a fall back position if we cannot come to a consensus on one of the alternatives . That is a big step forward . AGENDA ITEM NO . 25 - CONSIDER ITEMS FOR THE SPRING NEWSLETTER: Director of Planning Kanter - The Town Board was supplied with a list of suggestions for the Town's Spring Newsletter. If there were any other suggestions or recommendations, please pass them along to the Planning Department, The Town Board and the Department Heads had a brief discussion on some ideas for articles in the Newsletter. AGENDA ITEM NO. 26 - EXECUTIVE SESSION : Motion made by Supervisor Valentino , seconded by Councilwoman Grigorov to move into Executive Session to discuss land acquisition . Motion carried unanimously. The Board began Executive Session at 8 : 03 p . m . Motion was made by Councilwoman Harrison , seconded by Supervisor Valentino to resume regular session . Motion carried unanimously. The Board began regular session at 8: 29 p. m : AGENDA ITEM NO. 27 = ADJOURNMENT: As there was no further business to come before the Town Board a motion was made by Councilwoman Russell , seconded by Councilwoman Grigorov to adjourn . Motion carried unanimously. Supervisor Valentino adjourned the meeting at 8 : 30 p . m . Respectfully submitted , 90C�L+w Joan Lent Noteboom , Town Clerk ** Next Regular Monthly Meeting - March 9, 1998 at 5 : 30 p. m. ***Minutes Transcribed by Deborah Kelley. OF1T� F TOWN OF ITHACA 21 ,¢� 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 2/9/98 Agenda Item No . 5 Approval of Application for Funding 1997=98 Local Waterfront Revitalization Project Resolution No , 19 BE IT RESOLVED , that the Town Board of the Town of Ithaca approves the application for a $ 100, 000 grant from the State of New York for the purpose of studying management of onsite wastewater treatment systems (OWTS) to be matched by a local share of $ 100 , 000 making a total project cost of $200 , 000 ; and be it further RESOLVED, that the Town Supervisor be and she hereby is authorized to sign a contract with the State for such grant subject to the following : 1 . The contract be in a form and containing provisions acceptable to the Town Supervisor with the .assistance of the . Attorney for the Town . 26 A budget satisfactory to the Town Supervisor be prepared for the local share which share is to be funded by in -kind services by Town staff, Cornell University staff, and other persons . 30 The Town . Supervisor assurance satisfactory to her that Cornell University and others will provide sufficient in- kind services which , when added to the Town 's services will make up the full local share . . 4 . The Town Supervisor receive assurance satisfactory to her that the .project may be completed within any required time periods that may be stipulated in the grant contract. MOVED : Councilwoman Harrison SECONDED : Councilwoman Grigorov. Supervisor Valentino , aye ;, Councilwoman . Grigorov, aye ; - Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . . Carried unanimously. DATED: February 9 , 1998 Joan . Lent Noteboom , Town Clerk fly OF 1p F TOWN OF ITHACA � 21 04`� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 9 SEQR : Proposed Local Law = Providing for a Moratorium for the Establishment of Adult Entertainment Businesses for a Period of Ninety (90) Days Resolution No . 20 WHEREAS , this action is the enactment of a local law providing for a moratorium for the establishment of adult entertainment businesses for a period of ninety (90) days ; and WHEREAS , said proposed local law would establish interim regulations prohibiting the establishment of adult entertainment businesses for a period of ninety (90) days from the date of enactment of the local law in order to provide a reasonable period of time for the Town of Ithaca Planning Department to conduct a study regarding the potential secondary effects of such uses on the surrounding community, and to provide a reasonable period of time for the Town Board to draft and consider regulations regarding the establishment of such uses within the Town of Ithaca ; and WHEREAS , . 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 WHEREAS , the Town Board , at a public hearing held on February 9 , 1998 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action ; now, therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED: Supervisor Valentino SECONDED : Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 CL'ja ' Joan Lent Noteboom , Town Clerk OFIp TOWN OF ITHACA 44.E 210�� 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 2/9/98 Agenda Item No . 10 Adoption = Local Law No . 1 / 1998 LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS Resolution No . 21 WHEREAS , the properly advertised public hearing has been held to consider a , " LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS now, therefore , be it RESOLVED , the governing Town Board of the Town of Ithaca does hereby adopt Local Law No . 1 / 1998 a , "" LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS" ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to advertise and file the said local law as required by Town Law. MOVED: Councilwoman Harrison SECONDED : Councilman Wolff Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED: February 9 , 1998 Joan Lent Noteboom , Town Clerk fly OF 1 T� TOWN OF ITHACA 21 126 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 2!9198 Agenda Item No . 11 Town Justice 1997 Annual Report Resolution No . 22 WHEREAS , Town Justice Clarence Larkin has presented his 1997 Annual Report to the governing Town Board as required by Town Law; now , therefore be it RESOLVED , the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the attached 1997 Annual Report of Town Justice Clarence Larkin . MOVED : Supervisor Valentino SECONDED : Councilman Wolff Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk TOWN OF ITHACA COURT CLARENCE LARKIN , JUSTICE 126 E SENECA STREET , ITHACA NY 14850 January 28 , 1998 RE : YEARLY REPORT TOWN OF ITHACA COURT CLARENCE LARKIN , JUSTICE Activity for my portion of the Town of Ithaca Court for 1997 is as follows : Number of cases closed : 1685 Number of cases open : 335 Arraignments for other Courts 80 Total cases 2100 FINES AND FEES Criminal , Motor Vehicle $ 89 , 157 . 00 Surcharges 21 , 810 . 00 Civil 434 . 00 Sent to State Comptroller : $ 111 , 401 . 00 Bail Received $ 39 , 350 . 00 Additional Activities Arrest Warrants issued ; Search Warrants issued ; Orders of Protection issued ; Conditional Discharges given ; Probation given ; Jail terms given ; Bench Trials and Jury Trials held ; Motion hearings ; Felony Hearings ; Dismissals ; Weddings Respectfully , Z// I CL ClareVu e Lark ' n Town stice OF 1p TOWN OF ITHACA �,� ' 2104,4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 12 Town Board Appointments = Town Historian Resolution No . 23 BE IT RESOLVED, the governing Town Board hereby appoints the following individual as a representative of the DeWitt Historical Society of Tompkins County, Inc . to serve as the Town of Ithaca Historian for the Term of Office indicated . NAME/ADDRESS TERM Geoffrey Morse , Library Assistant February 9 , 1998 - December 31 , 1998 DeWitt Historical Society 401 East State Street Ithaca , NY 14850 MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye; Councilwoman Grigorov,` aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk qty OF 1p TOWN OF ITHACA `I•c� � n og� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 13 Public Hearing Date - Local Law Ninety Day Moratorium Construction of Telecommunication Towers Resolution No . 24 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on March 91 1998 , at 6 : 30 p . m . , in order that the Town Board may consider adopting a , " LOCAL LAW ESTABLISHING A (90) NINETY DAY MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATION TOWERS IN THE TOWN OF ITHACA" . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman . Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk OF 14% TOWN OF ITHACA 21 04� 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 2/9/98 Agenda Item No . 15 Public Hearing Date - Local Law Term of Office for Planning Board Members Resolution No . 25 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a public hearing to be held at the next regular meeting of the Town Board on March 99 1998 , at 7 : 00 p . m . , in order that the Town Board may consider adopting a , " LOCAL LAW REVISING THE TERM OF OFFICE FOR PLANNING BOARD MEMBERS". MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 " Joan Lent Noteboom , Town Clerk MEE fly OF IT� TOWN OF ITHACA 21 o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 16 Association of Towns 1998 Resolutions Resolution No . 26 BE IT RESOLVED , that the governing Town Board of the Town of Ithaca provisionally approves the Association of Towns of the State of New York' s 1998 resolutions as attached to be presented for consideration at their 1998 Annual Training School & Annual Meeting to be held February 15 - February 18 , 1998 in New York City; and be it further RESOLVED , the Town ' s Delegate , Catherine Valentino and Alternate Delegate , Carolyn Grigorov are hereby instructed to exercise discretion in voting on the said resolutions based upon any information that may be provided during the floor discussions of the resolutions at the said Annual Training School & Annual Meeting . MOVED: Councilwoman Russell SECONDED : Councilman Wolff Supervisor Valentino , aye ; Councilwoman Grigorov; aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 ' Joan Lent Noteboom , Town Clerk 0 1998 RESOLUTIONS ( + (I r) �., . t.l� LV-, 1 . PROTECT MUNICIPAL DEPOSIT AND INVESTMENT OPTIONS WHEREAS, recent Legislative Sessions have seen the advancement of legislation which could unreasonably restrict and undermine municipal authority to undertake appropriate cooperative investing which can provide a greater return on municipal deposits than otherwise available ; and WHEREAS, the Legislature has allowed the General Municipal Law ' s § 10 expanded list of eligible securities that may be pledged by banks to secure municipal deposits to expire; and WHEREAS, the expanded list has been in place since 1992 and has given local governments and the banks that hold their deposits greater flexibility which has resulted in lower costs to the bank and, thus, to taxpayers; NOW, THEREFORE BE IT RESOLVED that the Association of Towns calls upon the Legislature and the Governor to restore the list of permissible collateral for municipal deposits and support legislation which would protect municipal authority to undertake cooperative investing so as to achieve a greater return on municipal deposits, while insuring the continued safety and integrity of those deposits. 2 . CODE ENFORCEMENT AID WHEREAS, the State is now considering moving to a new Building Code for fire prevention and building construction purposes; and WHEREAS, the elimination of state funding assistance for fire prevention and building code enforcement and administration was a reversal of a commitment made to local governments when the Uniform Fire and Building Code was first enacted in 1982 ; and WHEREAS, the State is still collecting the insurance premium surcharge which was established in order to fund local code enforcement assistance, but using it for its own General Fund purposes; NOW, THEREFORE BE IT RESOLVED that the Association of Towns urges the Legislature, as part of any comprehensive Building Code revision effort, to return the insurance surcharge monies to the local governments who will administer the Code and for whom those monies were intended. 3 . USER FEES FOR EMERGENCY SERVICES WHEREAS, ambulance and emergency rescue services are provided in a variety of ways across New York State and pursuant to various statutory authority; and WHEREAS, user fees are authorized for such services when they are provided pursuant to General Municipal Law, § 122-b (which authorizes towns to contract with certain entities to provide emergency medical services) or when provided in connection with Town Law, § 198-( 10-0 (through formation of an ambulance district), but emergency rescue and first aid squads are specifically excluded from charging such fees; and WHEREAS, many individuals ' insurance policies provide reimbursement for such costs and the State Comptroller's Office has opined that a municipality may provide for direct billing to the insurance provider for the cost of such ambulance services; and WHEREAS, town governments are increasingly turning to user fees as a fairer way of providing essential services while insulating property taxpayers from the increasing costs of such services; NOW, THEREFORE BE IT RESOLVED that the Association of Towns supports legislation which would amend General Municipal Law, §209-b(4) to permit the establishment of user chargers by emergency rescue and first aid squads of municipal and fire district fire departments and companies. RESOLVED, that the Association of Towns supports a reauthorization of ISTEA which will : ( 1 ) continue a partnership between federal, state and local government decisionmakers ; (2) maintain the "needs based" funding formula and (3 ) continue an emphasis on road maintenance by strengthening and increasing funding for maintenance and reconstruction of existing roads and bridges . 8. PRIOR NOTICE AND RECREATION LAND LIABILITY WHEREAS, prior written notice protections of Town Law, Section 65 -a have been limited by the courts to highway, bridges, culverts and sidewalks only; and WHEREAS, the lack of prior written notice protection for defects in other town property—particularly recreation facilities, snowmobile trails, parking areas and the like—has unreasonably exposed town government taxpayers to increased liability, tort judgments and higher property and casualty insurance premiums; and WHEREAS, the legal protections offered to private landowners who open their lands for recreational purposes are similarly inadequate; NOW, THEREFORE BE IT RESOLVED, that the Association of Towns urges the Legislature and the Governor to extend the limited protections of both the prior written notice statute and the General Obligations Law private landowner recreation liability provisions as a way to promote economic development, protect the public treasury and insure that needed public and private recreation trails and facilities are not unnecessarily closed or abandoned. OFlp �° __ a TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 SOWN 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 2/9/98 Agenda Item No . 16 Appointment Acting Deputy Town Supervisor Resolution No . 27 WHEREAS , Town Supervisor, Catherine Valentino and Deputy Town Supervisor, Carolyn Grigorov will be attending the NYS Association of Towns Annual Meeting in New York City, New York from February 15 to February 18 , 1998 ; and WHEREAS , it is necessary that the Town Board appoint a Deputy Town Supervisor to act during their absence while attending the said meeting ; now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Councilwoman Mary Russell as acting Deputy Town Supervisor for the period February 15 to February 18 , 1998 , during the absence of the Town Supervisor and the Deputy Supervisor; and , be it further RESOLVED , as said Deputy Supervisor , Councilwoman Russell shall be empowered with all duties and responsibilities as may be imposed as Deputy Town Supervisor by Town Law, General Municipal Law, and Public Officers Law; and , be it further RESOLVED , Councilwoman Russell is hereby authorized to sign checks and any financial wire transfers of the Town of Ithaca and the Southern Cayuga Lake Intermunicipal Water Commission , MOVED : Supervisor Valentino SECONDED : Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9, 1998 Joan Lent Noteboom , Town Clerk �1y OF 1 T� _ TOWN OF ITHACA 4� Y 04 21 126 EAST SENECA STREET , ITHACA , N . Y . 14850 SOWN 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 2/9/98 Agenda Item No . 18 Southern Cayuga Lake Intermunicipal Water Commission ( SCLIWC ) 1998 Operating Budget and Chart of Accounts Modification Resolution No . 28 WHEREAS , the SCLIWC has passed a resolution at their February 5 , 1998 regular meeting to revise their Operating Chart of Accounts as reflected below to better comply with the account classifications as listed in the "Office of the State Comptroller Financial Management Guide" ; and WHEREAS , the Town Supervisor is in full agreement with these changes which will better allow assets of the Commission to be reconciled to the SCLIWC General Fixed Assets Account Group ; now, therefore , be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes and directs staff to modify the Approved 1998 Budget to include the attached revisions listed which include both changing the account numbers from 83X0 . 2XX ( Equipment) to 83X0 . 4XX (Contractual ) , as well as moving the funds from the existing appropriation line to the revised appropriation line effective January 1 , 1998 . MOVED : Supervisor Valentino SECONDED: Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION 1998 OPERATING BUDGET AND CHART OF ACCOUNTS MODIFICATION February 9 , 1998 AUTHORIZATION TO MODIFY THE SCLIWC CHART OF ACCOUNTS 1998 Budget as Adopted 1998 Budget After Town Board Revisions New Renumbered Appropriation Line Amount Amount Appropriation Lines Budget 8320 . 208 Clothing , Boots $ 350 $ - 8320 . 408 Clothing , Boots $ 350 8320 . 212 Tools , Equip . P $ 91000 $ - 8320 . 412 Tools , Equip . Parts $ 9 , 000 8320 . 221 Maint B . P . System $ 12 , 000 $ - 8320 . 421 Maint B . P System $ 12 , 000 8320 . 222 Maint. T&V System $ 8 , 500 $ - 8320 .422 Maint T&V System $ 8 , 500 8330 . 208 Clothing & Boot $ 290 $ - 8330 . 408 Clothing , Boots $ 290 8330 . 212 Tools/Equip Par $ 31100 $ - 8330 . 412 Tools , Equip . Parts $ 3 , 100 8330 . 215 Treatment Supplies $ 30 , 000 $ - 8330 . 415 Treatment Supplies $ 30 , 000 8330 . 216 Lab Supplies $ 13 , 000 $ - 8330 . 416 Lab Supplies $ 13 , 000 8330 .412 Meter Charts $ 21500 $ - 8330 .413 Meter Charts $ 2 , 500 8340 . 208 Clothing , Boots $ 11000 $ - 8340 . 408 Clothing , Boots $ 11000 8340 . 212 Tools/Equip Parts $ 71000 $ - 8340 .412 Tools , Equip Parts $ 7 , 000 8340 . 221 Maint B . P . System $ 17 , 000 $ - 8340 . 421 Maint B . P . System $ 17 , 000 8340 . 222 Maint T&V Systems $ 70 , 000 $ - 8340 . 422 Maint T&V System $ 70 , 000 8340 . 224 Meters $ 29 , 000 $ - 8340 . 424 Meters $ 29 , 000 Total $ 202 , 740 $ 202 , 740 Ip\BUDGET98.XLS\Town Exhibit 2-98 i OF 1 r� a TOWN OF ITHACA ,�,� � 21044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 SWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 19 Authorization to Receive Bids for New One Ton Cab and Chassis Truck Resolution No . 29 WHEREAS , the Town of Ithaca Engineering Department was scheduled to replace one Pick Up Truck in 1998 , and WHEREAS , the money to replace the said truck has been budgeted for, the type of One Ton Truck needed has been researched and the specifications written , now, therefore , be it RESOLVED , that on the recommendation of the Town Engineer the specifications for a new One Ton Cab and Chassis Truck be accepted , and , be it further RESOLVED , that the Town of Ithaca Town Clerk is hereby authorized and directed to advertise to receive bids for the new One Ton Cab and Chassis Truck . MOVED : Supervisor Valentino SECONDED: Councilman Wolff Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk �1y OF 1P� _ 9 TOWN OF ITHACA 4,� 21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 20 Authorization to Receive Bids for Two One Ton Cab and Chassis Trucks and One Pick Up Truck Resolution No . 30 WHEREAS , the Town of Ithaca Highway Department was scheduled to replace two One Ton Cab and Chassis Trucks and one Pick Up Truck in 1998 ; and WHEREAS , the money to purchase the said trucks has been budgeted for , the type of trucks needed has been researched and the specifications have been written , now, therefore be it RESOLVED , that on the recommendation of the Highway Superintendent the specifications for two One. Ton Cab and Chassis Trucks and one Pick Up Truck be accepted , and , be it further RESOLVED , that the Town of Ithaca Town Clerk is hereby authorized and directed to advertise and receive bids for the purchase of two One Ton Cab and Chassis Trucks , and on Pick Up Truck . MOVED : Supervisor Valentino SECONDED: Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk OF IT� TOWN OF ITHACA ,�� 210¢$ 126 EAST SENECA STREET , ITHACA , N . Y . 14850 OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 21 Authorizing Personnel Committee to Serve as the Deferred Compensation Committee and to Establish Trustee Resolution No . 31 WHEREAS , the Town of Ithaca is in the process of switching its deferred compensation plan from the State Plan with Copeland to the Model Plan with PEBSCO ; and WHEREAS , under the rules established in the Model Plan the employer must develop a Deferred Compensation Committee and designate a member of the committee to be the Trustee ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize the already established Personnel Committee to also serve as the Town ' s Deferred Compensation Committee with the following committee members : Chairperson Supervisor Valentino Councilman Conley Councilman Wolff Larry Salmi , Heavy Equipment Operator Philip Erik Whitney, Assistant Town Engineer Support Staff Judith Drake , Human Resources Specialist and , be it further RESOLVED , the Chairman of the committee , Supervisor Valentino shall also serve as the Trustee for the Town of Ithaca' s Deferred Compensation Plan . MOVED : Councilwoman Harrison SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 Qc�� ' Lan Lent Noteboom , Town Clerk i qty OF I r TOWN OF ITHACA 4 O 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Items No . 22 (A) - 22 (J ) , 22 ( M ) Consent Agenda Items Resolution No' s , 32 (A) - 32 (J ) , 32 ( M ) BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items No . 22 (A) = 22 ( M ) as presented and/or amended . Consent Agenda Item No . 22 (K) will be considered separately, and Consent Agenda Item No . 22 ( L) is removed from consideration . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 Joan .-Lent Noteboom , Town Clerk OF 1P TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 (A) Town of Ithaca Warrants Resolution No . 32 (A) WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . Vouchers No . 1 - 170 : GENERAL FUND TOWNWIDE : $67 , 960 . 48 WATER FUND : $21 , 927 . 62 GENERAL FUND PART TOWN : $9 , 833 . 65 SEWER FUND : $ 10 , 225 . 45 HIGHWAY FUND PART TOWN : $ 152 , 650 . 11 RISK RETENTION FUND : $ 119 . 13 LIGHTING DISTRICT FUNDS : $2 , 293. 76 FIRE PROTECTION FUND : $980 , 782 . 00 MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously . DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk qty OF 1P _ TOWN OF ITHACA �,� n o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 ( B ) Bolton Point Warrants Resolution No . 32 ( B) WHEREAS , the following numbered vouchers have been presented to the governing Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now, therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers . 1997 Pre-paids : No . 2413=2415 , 2421 $ 11925838 1998 Pre- paids : No . 1 , 9- 14 $ 56 , 236 . 71 1997 Water Fund : No . 2416-2420 $ 21431049 1998 Water Fund : No . 17=63 $78 , 223 . 19 MOVED: Councilman Wolff SECONDED: Councilwoman Russell Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. D : February 9 � DATE y , 1998 Joan Lent Noteboom , Town Clerk qty OF 1T� F _ TOWN OF ITHACA 21 EAST SENECA STREET , ITHACA , N . Y . 14850 Y tWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No. 22 ( c ) Town Board Minutes Resolution No . 32 ( c) WHEREAS, the Town Clerk has presented the minutes for the regular meetings held on December 31 , 1997 and January 12 , 1998 to the governing Town Board for their review and approval for filing ; and WHEREAS , the governing Town Board has reviewed the said minutes ; now therefore , be it RESOLVED , the governing Town Board does hereby approve for filing the minutes for the regular meetings held on December 31 , 1997 and for January 12 , 1998 as written and amended below: AMENDMENTS : December 31 , 1997 Minutes - Page 6 . Last Two Paragraphs : "clear story" change spelling to "clerestory" MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilwoman Harrison , aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 r CaXzarr` Joan Lent Noteboom , Town Clerk qty OF 1 T� TOWN OF ITHACA 21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y tWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 (d) Records Management Disposition Listing Resolution No . 32 ( D) WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration ( SARA) , Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Town Supervisor, Records Management Officer (Town Clerk) , and the Human Resources Specialist have reviewed and approved the disposition of the said records ; now, therefore be it RESOLVED , the governing Town Board_ does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA. MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9, 1998 Q.2�� J."+' 1z' -&, Joan Lent Noteboom , Town Clerk t o 0 r.ir� :er D a; -off ; X � X � aoXXXxX � xXX X _ �;k, n (D (D : m ((D m (D (rD m m c�D c�D m c�D 31m ; m . mm0 m mmmmmmmJmm a w 3 " 333330333333333 . m m m m m m c m m m m m m m m (D p C (D ; (D (D = (D (D (' m m m m m m m (D m _'• c ., T3 r; O '. o O O -07 -a -07 0 X01 -07 -07 -07 X07 X07 •O- t� .. _ (D '` � . r-1- py` r-+ e-i• r-h rl- rF r+ ri• ' r-F . cn N •T k{ (n (n to In (n (n (n u) (n (n In (n u) (n (n (n m w co ~ 4 O o m , OD , OD 00 co �4 w co (n (D ° o Q ch w m m °- a o X m Z c K v v v v v v 0000000000 0 1p p� m m m m m m m m m m m m m m m m v m n. < -. 0 0 0 n n n n n n n 0 0 0 0 0 n N � (n Q -I (D (D O0DVD (Y) (A) 0 ww 4ccn (D (DDODv4N)) 0 m a cn v 0 cn o' r gin' � � mv00000 000mvmv00000 pp n n n n n n n n n n n n n n n N (D (D (D (D (D (D OD OD oD oD OD v 44 v v 6) 6) 6) N v w (n (n .tom w N (D a) (n w -1 cn (n .A w 00 V a) p nom) o a� rt r , 0 o' D to v Cn D 0 X X o N a v, Zr W i < (D (a �-' o 3 3 3 a (D aam �' M a a c �' p cD CD p Cn a (D a r m < 0000 -> co con (n o w :3 3 v <}� �- a m N (D '�' o j w rt 0 c(°n m o �, < v v a v o �, cD CL cn c CD = c D O m O C CL N r+ (D a (D • • c CL � ov vv oo ° co 0 n 0 0 0 0 ? � o N cD ° (D O � NN ((DW (.0 ( DO 00000 ODO0 (D (fl ("D OI ao 0o rn CY) a o' • r U)' r« 3 . co Dpp pp 00 00U) " 0 c n n(Q n n n n n n > > 27 'U i i i i i i I i i 1 p (v0 V V CC TI cn cn cn Cn •A (y) C4 �CO (D ( ) a) CD cn .p W , p 0) o .. X. ID o 0 O O O Z1 N C (n 0. Oo 0. C 0, O (D 3 cD O O -1 N p 3 fA 3 CA O to 7c 3 n 3U) CD � � � � Q. m D m ` 2 �°< n 2 = 0 p a �, O O- 3 N O- O O 0 (D (D _p o (D Zr � pmco 3 0 " O O Qo OD. . °' ' -p 0 (D ( o (1) a O D 0 w 0 co m l< o p o a O v OD a Q. 2 X cn v 0 0 0 r« o' • r o o w (n co , I .-,. o . (D (D .(D (D N (D (D (D (D (D (D Q W 0 c 00 K D D (D CD (p (p (D (D (D (D CD (D ((D oovyy �4 �4 �4 �4 � �4 iv p nQi o W OF1r TOWN OF ITHACA ,�,� 2104 126 EAST SENECA STREET , ITHACA , N . Y . 14850 tN 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 2/9/98 Agenda Item No . 22 ( E ) Spring Brush and Leaf Collection Resolution No . 32 ( E) WHEREAS , the Highway/Parks Department provides yard refuse disposal services for the Town of Ithaca residents ; and WHEREAS , twice annually the Highway/Parks Department will collect brush and leaves from roadsides ; now, therefore be it RESOLVED , that the spring brush and leaf collection by the Highway/Parks Department will commence on April 13 , 1998 , until finished . MOVED: Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison, aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED: February 9 , 1998 � Joan Lent Noteboom , Town Clerk OF 1P TOWN OF ITHACA 21 O4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y tN 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 2/9/98 Agenda Item No . 22 ( F ) Abolishment of Position of Part time Court Clerk Resolution Na. 32 ( F) WHEREAS , the Town Supervisor and the two Town Justices have determined that the classification of a part time court clerk is no longer needed ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby abolish the Civil Service Classification of part time Court Clerk effective February 1 , 1998, MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino, aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9, 1998 _ Joan . Lent Noteboom , Town Clerk OF 1 r TOWN OF ITHACA 21 04`� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y tN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 2.73-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 (G ) Authorization to Hire Temporary, Part Time Planning intern Resolution No . 32 (G ) WHEREAS , the Director of Planning has recognized the need for additional staff support for the Planning Department ; and WHEREAS , the Planning Department has budgeted funds to cover the cost of having student interns and has traditionally hired temporary interns to provide them with valuable work experience while the Town of Ithaca has received valuable technical support from the interns ; and WHREAS , Irene Lekstutis has been assessed as possessing the qualifications necessary for appointment to this temporary , part time intern position ; now, therefore be it RESOLVED , that the Town Board of the Town of Ithaca authorizes the Director of Planning to hire Irene M . . Lekstutis as a temporary, part time Planning Intern , at an hourly wage of $8 . 00 based on approximately 12 hours a week , for up to a 15 week period . The total is not to exceed $ 1 , 500 . 00 and will be charged to Account # 138020 . 110 ( Student Interns) . Benefits are limited to the temporary, part time status of this position . MOVED : Councilman Wolff SECONDED: Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED: February 9 , 1998 Joan Lent Noteboom , Town Clerk i OF 1 r _ 9 TOWN OF ITHACA 21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y tVN 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 2/9/98 Agenda Item No . 22 ( H ) Ratification of Appointment of Court Clerk Resolution No . 32 ( H ) WHEREAS , Judith Bernal has resigned her position as a full time Court Clerk and Suzanne Bordoni has resigned her position as a part time Court Clerk , both effective January 31 , 1998 ; and WHEREAS , the two Town Justices and the Town Supervisor have determined the need to have only one Court Clerk position for the two Town Justices , with the position being a full time , salaried position based on a 40 hour work week ; and WHEREAS , Betty Poole has resigned her Deputy Town Clerk position with the Town of Ithaca effective January 31 , 1998 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment made by the two Town Justices , which appointed Betty Poole as Court Clerk effective February 2 , 1998 ; and be it further RESOLVED , the said position is an exempt position for Civil Service and is a salaried position based on a 40 hour work week , exempt from over time pay, at the 1998 salary of $34 , 000 , based on 26 pay periods in' the year, charged to account All 110 . 100 ; and be it further RESOLVED the said position is at job classification " I ", with full time benefits . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . . Carried unanimously. DATED: February 9 , 1998 Joan Lent Noteboom , Town Clerk I I fly OF 1 r TOWN OF ITHACA 21 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y N CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 ( 1 ) - 1 1998 Budget Amendment : Re-appropriation of Funds Resolution No . 32 ( I ) - 1 WHEREAS , the 1998 Budget reflects the following appropriations in the General Outside Village Fund : Parks - Personal Services , Regular $550100 Parks - Personal Services , Overtime $529000 WHEREAS , an amendment between these budget accounts is needed to properly reflect both regular and overtime salary and wages , and WHEREAS, the Town Budget Officer recommends to the Chief Fiscal Officer and the governing Town Board the following budget transfer amending the 1998 Budget : From : B7140 . 102 , Parks-Overtime $52 , 000 To: B7140. 101 , Parks- Regular $52 , 000 now, therefore , be it RESOLVED , upon review and after discussion , the Town 's Chief Fiscal Officer and the governing Town Board hereby directs the Budget Officer to make the said budget transfer amending the 1998 Budget . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. cen � ja�+ IVA. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk qty OF I r 9 TOWN OF ITHACA 21 o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 ( 1 ) -2 Justice Rent Expense 1998 Budget Amendment Resolution No . 32 ( 1 ) -2 WHEREAS , the 1998 Town Budget reflects an appropriation of $4 , 200 . 00 for Town Justice ' s - Rent Expense (A1110 . 402 ; and WHEREAS , these funds will not be expended for rent due to recent administrative and functional changes that have occurred within the Town Justice ' s Department ; and WHEREAS , the Town Supervisor and Budget Officer have identified potential needs for additional moneys within the Town Clerk' s Budget ( i . e , equipment) ; and WHEREAS , the Town Supervisor and Budget Officer seek the approval of this governing Town Board for the following 1998 Budget Amendment , FROM : A1110 . 401 Town Justice - Property Rent $4 , 200. 00 TO : Al 410 . 200 Town Clerk = Equipment $49200. 00 now, therefore , be it RESOLVED , this governing Town Board approves , authorizes , and directs the Town 's Chief Fiscal Officer and Budget Officer to record this 1998 Budget Amendment . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously . DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk OF ITl"M4 F TOWN O F ITHACA�� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 N CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No. 22 ( 1 ) -3 1998 Budget Amendment Appropriating Reserve Funds - 1998 Kendal Tax Levy Adjustment Resolution No . 32 ( 1 ) - 3 WHEREAS , the 1998 Real Property Tax Levy reflects a tax adjustment for the Kendal assessment disputed settlement . The Receiver of Taxes warrant has been reduced by $49965 . 18; and WHEREAS , this governing Town Board reserved moneys in 1997 to provide for any potential real property tax revenue loss , as of December 31 , 1997, reserved cash totals $24 , 783. 68 ; and WHEREAS , after review and settlement. of this matter by the Town ' s Chief Fiscal Officer and the Budget Officer the following 1998 Budget Amendment is presented to this governing Town Board for approval : FROM : A511 Appropriated Reserves $4 , 965 . 18 TO : A960 Appropriations - Budget $49965 . 18 A1920 . 401 Taxes & Assessments on Town Real Property $4 , 965 . 18 now, therefore , be it RESOLVED , the governing Town Board does hereby authorize and direct the Chief Fiscal Officer and the Budget Officer to make the said 1998 Budget Amendment to the General Fund Budget , MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : February 9 , 1998 Joan Lent Noteboom , Town Clerk 14 OF 1 TT a TOWN OF ITHACA 21 04'� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 N CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No , 22 (J ) 1998 Budget Account Description Change Resolution No . 32 (J ) WHEREAS , the 1998 Water Fund Budget contains the account code , F8340 . 489 identified as "Master Meter" ; and WHEREAS , the Town Engineer and the Budget Officer have discussed a description change to this account to the Southern Cayuga Lake Intermunicipal Water Commission Construction ; and WHEREAS , after consideration and discussion this governing Town Board approves the requested expense description change . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 C ., J,+ Joan Lent Noteboom , Town Clerk i OF 1 T� _ TOWN OF ITHACA 21044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 WN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item No . 22 ( M ) Authorization for Training - Engineering Staff Resolution No . 32 (M ) WHEREAS , the Syracuse University Continuing Education Department is presenting a Water Quality Management Program series of courses during 1998 in Syracuse , NY , and the program will be beneficial to the professional development of the Town Engineer and Assistant Town Engineer , and will benefit the Town of Ithaca ; and WHEREAS , the Director of Engineering has recommended attendance by Assistant Town Engineer, Erik Whitney at three courses : 1 . Urban Hydrology Methods , Feb . 25 and 26 , 19980 2 . Watershed . System .Modeling , Mar. 18 and 19 , 1998 . 3 . Design of Stormwater Practices for Water Quality , April 22 and 23 , 1998 . and , WHEREAS , the cost of each two day session is $225 . 00 , for a total cost for the series of $675 . 00 ; and WHEREAS , the Director of Engineering is requesting permission for attendance at the Watershed System Modeling Course , March 18 and 19 , 1998 , at a cost of $225 . 00 for the two day session ; and WHEREAS , the estimated cost of the training totals $900 . 00 for the course fees which includes training materials and notes , with estimated travel and per diem costs of $50 . 00 , for a total estimated cost of $950 . 00 ; and WHEREAS , funds are available in General Fund Account , A1440 . 410 , Engineer - Conferences/Mileage ; now, therefore , be it RESOLVED , the Town Board hereby authorizes Daniel Walker, Town Engineer and Erik Whitney, Assistant Town Engineer to attend the series of courses as listed above . The total cost not to exceed $950 . 00 for registration and travel expense . Funds to expended from the General Fund Account , A1440. 410 . i TB Mtg . 2/9/98 Agenda Item No . 22 ( M ) Resolution No . 32 ( M) Page 2 . MOVED : Councilman Wolff SECONDED : Councilwoman Russell Supervisor Valentino, aye; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9 , 1998 ' Joan Lent Noteboom , Town Clerk � i qty OF 1r TOWN OF ITHACA 21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y tN 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 2/9/98 Agenda Item No . 22 ( K) 1998 Budget Transfer = Purchase of Land Resolution No , 33 WHEREAS , the 1998 General Fund Budget reflects an appropriation amount of $ 12 , 500 for the purchase of land from Tompkins County. However, these funds were encumbered to meet this 1998 expense at the close of December 31 , 1997 ; and WHEREAS , the Budget Officer is recommending that these moneys be returned to Unappropriated Fund Balance for future budget consideration and use by this governing Town Board ; now, therefore , be it RESOLVED , the governing Town Board does hereby authorize and direct the Budget Officer to return the amount of $ 12 , 500 for the purchase of land from Tompkins County to Unappropriated Fund Balance for future budget consideration and use . MOVED: Supervisor. Valentino SECONDED : Councilwoman Russell Supervisor Valentino , aye ; Councilwoman Grigorov,' aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : February 9, 1998 Joan Lent Noteboom , Town Clerk qty OF 1 r F _ TOWN OF ITHACA 2104`E 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y T WN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item Additional No . 1 Bid Acceptance of Request for Proposal ( RFP) for Highway/Parks Facility Resolution No , 34 WHEREAS , three bids were received for a Request for Proposal ( RFP) for the Highway/Parks Facility, and WHEREAS , the Highway Superintendent , along with the Public Works Committee reviewed the RFP specifications and felt that the MRB Group met the specification requirements outlined in the RFP , and their proposed fee was the lowest ; and WHEREAS , upon the Highway Superintendent' s findings , he recommends that the Town Board of the Town of Ithaca accept the RFP from MRB Group ; now therefore be it RESOLVED , that the Town of Ithaca Town Board accepts the respective RFP from MRB Group ; and , be it further RESOLVED , the Highway Superintendent is hereby authorized and directed to expend no more than $ 12 , 000, from . General Fund Account , A5132 . 418 for these endeavors . MOVED : Councilwoman Russell SECONDED : Councilman Wolff Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried (unanimously. DATED : February 9 , 1998 > Joan Lent Noteboom , Town Clerk �1y OF IT� TOWN OF ITHACA � 214` 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y 0 IN 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 2/9/98 Agenda Item Additional No . 2 Authorization for the Town Supervisor to Execute Utility Work Agreement with NYSDOT Resolution No . 35 WHEREAS , the New York State Department of Transportation ( NYSDOT) is planning to resurface Route 89 and Route 327 within the Town of Ithaca during 1998 , and WHEREAS , the Town of Ithaca has water and sanitary sewer utilities within portions of the NYS ROW which have valve covers and manhole covers within the areas to be paved that will require adjustment , and WHEREAS , NYSDOT will adjust municipally owned utilities at the expense of the State , when such work is - necessary as a result of State highway work , and WHEREAS , NYSDOT has prepared a Utility Work Agreement for each project which describes the project limits and authorizes the State to complete the necessary work at no cost to the Town and indicates that the Town will accept title and responsibility for the adjusted facility upon satisfactory completion of the work , now, therefore , be it RESOLVED , the Town Board hereby authorizes the Town Supervisor to enter into the Utility Work Agreements for NYSDOT PIN 360059 . 101 , Route 89 MBC Resurfacing , and PIN 360064 . 101 , Route 327 MBC6Resurfacing , and , be it further RESOLVED , the Town Board hereby grants the State of New York authority to perform the adjustments for the Town , and , be it further RESOLVED , the Town Board agrees that the Town will maintain facilities adjusted via the State- let contract . MOVED : Councilwoman Grigorov SECONDED : Supervisor Valentino Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED: February 9 , 1998 C n�MA ' Joan Lent Noteboom , Town Clerk OFIr TOWN OF ITHACA ,�,� 2104 - 126 EAST SENECA STREET , ITHACA , N . Y . 14850 tN 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 2/9/98 Agenda Item Additional No . 3 Revision to Deferred Compensation For I . R . C . Section 457 Plans Transferring From The State Plan To The Model Plan Dated (9/3/97) Resolution No , 36 WHEREAS , the Town of Ithaca in December of 1993 established an "eligible deferred compensation plan for its employees by adopting the "Deferred Compensation Plan For Employees Of The State Of New York And Other Participating Public Jurisdictions" ("State Plan ") . As such , the Town of Ithaca appointed the New York State Deferred Compensation Board ("Board") as its exclusive agent to exercise on its behalf all of the power and authority conferred by both the New York State Deferred Compensation Rules and Regulations ("Regulations") as well as provisions , investment alternatives , etc . , expressed in the State Plan ; and WHEREAS , the Town of Ithaca decided to learn about other alternatives available for maintaining an "eligible" Deferred Compensation Plan as provided by Section 457 of the Internal Revenue Code ("Section 457") and the Regulations ; and WHEREAS , Section 457 was recently amended by the Small Business Job Protection Act of 1996 to require that all new eligible deferred compensation plans , established after August 20 , 1996 , provide that all amounts deferred and the income thereon be held in a trust , custodial account or annuity contract for the exclusive benefit of participants and their beneficiaries ; and WHEREAS , the Board pursuant to Section 5 of the New York State Finance Law ("Section 5") had previously implemented a freeze effective August 20 , 1996 on new adoptions of deferred compensation plans pending conforming amendments to State law, since prior provisions required amounts deferred and income thereon remain the sole property of the employer and subject to the general creditors of the employer until paid out ; and WHEREAS , Section 5 has now been amended to conform to the requirements of Section 457 : that all amounts deferred and the income thereon be held in a trust for the exclusive benefit of participants and their beneficiaries ; and WHEREAS , the Board has further determined that lifting the freeze would be beneficial to local employers and their employees ; and TB Mtg . 2/9/98 = Agenda Item Additional No . 3 Resolution No . 36 Page 2 . WHEREAS , the Board , pursuant to Section 5 and the Regulations , including the proposed Regulations published in the State Register dated February 12 , 1997 , has promulgated the Deferred Compensation Plan for Employees of the Town of Ithaca (the " Model Plan ") and offers the Model Plan as amended and restated September 3 , 1997 for adoption by local employers ; and WHEREAS , the Town of Ithaca , pursuant to Section 5 and the Regulations , desires to adopt the Model Plan as amended and restated September 3 , 1997 in a form known as the Deferred Compensation Plan for Employees of the Town of Ithaca ; NOW, THEREFORE , BE IT RESOLVED , that the Town of Ithaca hereby adopts the " Model Deferred Compensation Plan for Employees of the Town of Ithaca as amended and restated September 3 , 1997" instead of the State Plan . AND , BE IT FURTHER RESOLVED , that the Town of Ithaca hereby desires , to the extent permissible , to allow those who were participating in the State Plan to continue their " investment fund (s) " within the State Plan , without additional contributions after Friday, April 17, 1998 as indicated in Section 10 . 2 of the State Plan . Those "investment funds" would be subject to the Regulations and the terms of the State Plan . AND , BE IT FURTHER RESOLVED , that the Town of Ithaca hereby officially terminates its affiliation , except as previously " RESOLVED" to the State Plan on Thursday, April 30 , 1 998 and selects Friday, May 1 , 1998 as its " Effective Date" per the timing requirements of Section 10 of the State Plan and the definition of Business Day, AND , BE IT FURTHER RESOLVED , after seeking and evaluating competitive proposals , selects PEBSCO as the Administrative Service Agency and Nationwide as Financial Service Organization . AND , BE IT FURTHER TB Mtg . 2/9/98 = Agenda Item Additional No . 3 Resolution No . 36 Page 3 . RESOLVED , that the Town of Ithaca is hereby authorized to enter into appropriate contracts necessary to establish the " Model Deferred Compensation Plan for Employees of the Town of Ithaca as amended and restated September 3 , 1997" effective May 1 , 1998 , Appropriate contracts , including trust agreements , are those defined in the Regulations and the Model Plan . In addition , contracts shall include those necessary to contract with PEBSCO and Nationwide , these latter contracts are limited to five years in duration by Regulation and shall be rebid after that time . Every contract or agreement entered into shall contain a provision that the agreement or contract is subject to the Regulations and the Model Plan , AND , BE IT FURTHER RESOLVED , that the deferred compensation committee , appointed by the Town of Ithaca in accordance with local law, which adopts the Model Plan , to act in lieu of the Board only to the extent permitted by the Regulations and the Model Plan shall have one or more of its members serve ex officio as trustee ( s) . As such , each person so designated shall hold all amounts deferred and the income thereon in a trust for the exclusive benefit of participants and their beneficiaries . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilwoman Harrison , aye ; Councilwoman Russell , aye ; Councilman Wolff, absent during vote . Motion carried . DATED : February 9 , 1998 L+ _ Joan Lent Noteboom , Town Clerk �1y OF IT� TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 2/9/98 Agenda Item Additional No . 4 Resolution , Tompkins County Agriculture and Farmland Protection Plan Resolution No , 37 WHEREAS : The Town of Ithaca Town Board recognizes the importance of agriculture to the economy of Tompkins County, and the critical role of agriculture in the preservation of scenically and environmentally important open spaces in the Town of Ithaca and Tompkins County , and The Town of Ithaca Town Board , in consultation with the Town of Ithaca Conservation Board and Town of Ithaca Planning Board , has adopted a comprehensive Park, Recreation and Open Space Plan that includes new zoning and farmland protection measures designed to better protect and enhance the economic viability of agriculture in the Town of Ithaca , and The Tompkins County Agriculture & Farmland Protection Board has prepared a draft Agriculture & Farmland Protection Plan for Tompkins County, the goals and objectives of which complement the efforts of the Town of Ithaca to preserve its agricultural base . NOW THEREFORE BE IT RESOLVED That the Town of Ithaca Town Board hereby supports the Agriculture & Farmland Protection Plan for Tompkins County prepared by the Tompkins County Agriculture & Farmland Protection Board , AND FURTHER , urges the Tompkins County Board of Representatives to adopt said Plan , as presented . MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell DATED : February 9 , 1998 ry Joan Lent Noteboom , Town Clerk �ZyOFIp F 9 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 273-1783 FAX (607) 273- 1704 AGENDA TOWN BOARD MEETING February 9, 1998 5 : 30 p . m. - 9 : 00 p. m. 1 . Call to Order. 2 . Pledge of Allegiance. 3 . Report of Tompkins County Board of Representatives. 4 . Report of Fire Commissioners . 50 6 : 00 p . m . - PERSONS TO BE HEARD , 6 . Review of Correspondence : a. Stuart W. Stein , Chair Board of Representatives - Electric Power Committee.. 7 . Larry Parlett , SCLIWC Administrative Leader - Meter reading. and billing problems . 8 . PUBLIC HEARING : 6 : 30 p. m . - To consider, "A LOCAL LAW PROVIDING FOR A. MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS 9 , Consider SEQR related to "A LOCAL LAW PROVIDING FOR MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS". 10 . Consider adoption of "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS ". 11 . Consider approval of the 1997 Annual Report of the Town Justice. 12 . Consider appointment of Town Historian . 13 . Consider setting a public hearing date on a local law establishing a (90) day moratorium on the construction of telecommunication towers in the Town of Ithaca . TB Agenda 2/9/98 Page 2 , 14 . Consider setting a public hearing date on a local law allowing City of Ithaca Police Department jurisdiction on Town of Ithaca School District properties . 15 . Consider setting a public hearing date on a local law revising the Term of Office for Planning Board members . 16 . Consider resolutions to be presented at the Association of Towns of the State of New York 1998 Training School & Annual Meeting . 17 . Town Supervisor update regarding the SCLIWC/City of Ithaca joint water system . 18 . Discuss concerns related to the SCLIWC Budget. 19. Consider specifications and authorization to receive bids for the purchase of a ( 1 ) One Ton , Cab and Chassis Truck from the Water and Sewer Funds , 20 . Consider specifications and authorization to receive bids for the replacement of (2) One Ton Trucks , and ( 1 ) Pick Up Truck for the Highway Department. 21 . Consider authorization and approval for the Personnel Committee to also serve as the Deferred Compensation Committee of the Town of Ithaca . 22 . Consider resolution approving and/or authorizing the following : a . TOWN OF ITHACA WARRANTS . b . BOLTON POINT WARRANTS . c. Town Board Minutes - 12/31 /97, 1 / 12/98 . d . Records Management Disposition Listing . e . Spring Leaf & Brush Pick Up dates . f. Abolishment of Part Time Justice Clerk position . g . Approval of appointment of Part Time Planning Intern . h . Ratification of Appointment of Town Justice Clerk. i . 1998 Budget Amendments : Re-appropriation of funds . Justice Rent Expense , Appropriating Reserve Funds , Kendal j. 1998 Budget Account Description Change . k. 1998 Budget Transfer, I . Kendal Cash Reserve - Account Closure . m . Authorization of Training - Engineering Staff . TB Agenda 2/9/98 Page 3 . 23 . Reports of Town Officials : a. Town Clerk/Receiver of Taxes . b . Highway Superintendent. c. Director of Engineering . d . Director of Planning . e . Director of Building/Zoning . f. Human Resources . g . Budget Officer, 24. Report of Town Committees . 25 . Consider items for Spring Newsletter. 26 , Consider EXECUTIVE SESSION , 27, Consider ADJOURNMENT. ADDITIONAL AGENDA ITEMS 1 . Consider bid acceptance of Request for Proposal for the Highway/Parks Facility, 2 . Consider authorization for the Town Supervisor to execute Utility Work Agreements with the New York State Department of Transportation . 3 . Consider resolution to revise the Deferred Compensation Plan . 4. Consider resolution supporting Tompkins County Agriculture and Farmland Protection Plan . Agenda 23 (A) T OWN C L E R K S MO M T H L Y R E P O R T TOWN OF ITHACA , NEW YORK JANUARY , 1998 TO THE SUPERVISOR : PAGE 1 want to Section 27 , Subd I of the Torn Lay, I hereby sake the following statement of all fees and moneys received by se naection with my office during the month stated above , excepting only such fees and aoners the application and payment hich are otherwise provided for by lay : 1997 SPORTING LICENSES 1998 SPORTING LICENSES 1 . 00 1 MARRIAGE LICENSES NO . 98001 TO 98001 8975 AGRICULTURE REPORT COPY AERIAL PHOTOS 1 MISC . COPIES 6 . 50 COMPREHENSIVE PLAN 1 ENVIRONMENTAL REVIEW 2 . 50 3 MARRIAGE TRANSCRIPT 30 . 00 NOISE ORDINANCE RETURNED CHECK — CLERK 1 RETURNED CHECK— TAXES 11 . 00 1 RETURNED CHECK— W&S 11 . 00 OPEN SPACE REPORT 1 POSTAGE 3 . 00 1 SIGN ORDINANCE 3 . 00 SUBDIVISION REGULATIONS 5 TAX SEARCH 25 . 00 WATER & SEWER SEARCH 2 ZONING ORDINANCE 17 . 00 A1255 TOTAL TOWN CLERK FEES 118 . 75 A1555 DOG ENUMERATION 98000 A1556 SPCA CONTRACT 450 . 35 A1557 SPCA IMPOUND FEES 530 GAMES OF CHANCE LICENSES BINGO LICENSES BINGO FEES A2540 TOTAL A2540 A2544 98 DOG LICENSES 196 . 00 Paid to Supervisor for General Fund 863 . 10 Paid to NYS DEC for 1998 Sporting Licenses 13 . 00 Paid to County Treasurer for Dog Licenses 141 . 65 Paid to Ag & Markets for Dog Licenses 30 . 00 Paid to NYS Health Department for Marriage Licenses 11 . 25 Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements 11059 . 00 FEBRUARY 2 , 1998 ��� SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA JOAN LENT NOT33001( , being duly sworn , says that she is the Clerk of the TOWN OF ITHACA at the foregoing is a full and true statement of all Fees and Honeys received by her during the Booth above stated , scepting only such Fees the application and payment of which are otherwise provided for by lay . Subscribed and sworn to before me this �1 G Wary J. Saxton Torn Clerk day of R,bY G\ 19 1[ Notary Public, State of Now York Registration 901SA5044003 Ouallfied in Tioga Couu Wy coinmission Expires S 9� AGENDA ITEM N0 . 23a 1998 TAX COLLECTION RECEIVER OF TAXES January 1998 - Monthly Report 1998 Tax Warrant - Town of Ithaca Total Town Warrant ( Levy) : $3 ,7089360. 98 General Fund Levy - $ 1 , 005 , 450 . 98 Water Fund Levy - $ 4649360000 Sewer Fund Levy - $ 598 , 179 . 00 Fire District Levy - $ 126289612 . 00 Lighting Districts Levy - $ 11 , 759 . 00 1 / 13/98 Payment : Town of Ithaca Supervisor - 500 , 000000 (Tax Bill Receipts : 1 / 1 - - 1 / 12) 1 / 15/98 Payment : Town of Ithaca Supervisor - 325 , 000. 00 (Tax Bill Receipts : 1 / 11 - 1 / 14) 1 /22/98 Payment: Town of Ithaca Supervisor - 6002000. 00 (Tax Bill Receipts : 1 / 14 - 1 /21 ) 1 /28198 Payment : Town of Ithaca Supervisor - 750 , 000. 00 (Tax Bill Receipts : 1 /21 - 1 /27) 1 /29/98 Payment : Town of Ithaca Supervisor - 750 . 000000 (Tax Bill Receipts : 1 /27 - 1 /28) 1 /30/98 Payment : Town of Ithaca Supervisor - 783 , 360098 (Tax Bill Receipts : 1 /28 - 1 /29) TOTAL WARRANT BALANCE DUE: $ -0- 1 /31 /98 Receiver Checking Account - Interest Received $ 346 . 51 Total No . of Tax Bills on Warrant : 5 , 124 Total Tax Bills Processed : 4 , 287 1998 In Lieu of Taxes Due : Groff Associates , Ellis Hollow Elderly Housing $ 11629013 Ithaca Elm - Maple Houses , Inc . $ 2 , 681 . 05 TOTAL IN LIEU OF TAXES ESTIMATED TO BE RECEIVED : $ 4, 310 . 18 Received : Groff Associates , Ellis Hollow Elderly Housing $29 , 013 . 75 (Town Portion - $ 1 , 528 . 75 , School Portion - $21 , 381 . 96 , County Portion - $6103 . 04) * In Lieu of Tax Elm - Maple Houses , Inc . , is unknown until received in April/May. Payment based upon gross basic rents , calculated by HUD . Total Tompkins County Warrant : $ 42047,312046 02 / 04 / 9811 : 14 : 03 TOWN OF ITHACA TAX COLLECTION TRIAL BALANCE 01 / 31 / 98 ORIGINAL WARRANT $ 71755 , 673 . 44 ADJUSTMENTS 0 . 00 ADJUSTED WARRANT 7 , 755 , 673 . 44 1ST INSTALLMENTS 382 , 972 . 86 SVC CHARGES 19 , 148949 FULL PAYMENTS 41126 , 396985 PENALTIES 0 . 00 2ND NOTICE FEES 0 . 00 TOTAL COLLECTIONS $ 4 , 528 , 518 . 20 TOTAL OUTSTANDING $ 21863 , 333 . 15 Agenda Item No . 23 (a) Town Clerk/Receiver of Taxes Monthly Report Presented : Town Board Meeting 2/9/98 The work completed in the Town Clerk/Receiver of Taxes office included preparing and finalizing the information and mail out packets for two Town Board meetings held on 1 /26/98 and 2/9/98, daily operations , and tax collection . The month of January is the busiest month of the year as the work load increases two fold with the responsibilities of the collection of taxes . Staff performance was outstanding . They worked as an efficient team and proved themselves worthy of the increased tasks and responsibilities for this time of year, especially in the last two weeks . Their team work and willingness to work the hours necessary to get the job done allowed me once again to pay the Town Supervisor the full tax warrant in the month of January. A particular thanks to my staff for an "excellent job well done" . Also , special appreciation is due Judy Drake and Joy Daley for their help during this hectic time . Respectfully submitted , Joan Lent Noteboom Town Clerk/Receiver of Taxes Agenda Item 23B HIGHWAY DEPART'MENT'S MONTHLY REPORT, JANUARY 1998 TOWN OF ITHACA TOWN BOARD MEETING, FEBRUARY 9, 1998 Highway Superintendent' s January's typical snow storms hit on Fridays, thus workers had to work weekends. We worked 470 hours of time in snow removal. Of those hours, 256 were overtime hours. We used approximately 300 tons of salt mixture. We have worked extensively on hauling in materials for summer work, along with patching roads . Those took 446 hours of time in January. Other jobs worked on in January include sign maintenance (16 hours), sewer maintenance (27.5 hours), water maintenance (84.5 hours), and machinery (117.5 hours) . There were at least 2 water breaks in January, although one was not worked on until February. The one water break consumed 79 hours of tune. The annual Christmas Tree pick-up was conducted in January. This took 58 hours of time . Parks Maintenance Manager Snow removal for walks and bikeways required 76 hours of time. Various wood shop projects were completed, including fabrication of wooden sign posts for historical signs to be put along state highways, park signs, and bird nesting boxes. Routine maintenance takes, totaling 343 hours, completed January' s work efforts. We worked 21 hours on tree removal. February Projects 1 . Snow removal, as necessary. 2. Hauling materials (for surface treating and Permanent Improvement projects) 3 . Reconstruction planning for major summer projects. 4 . Water and sewer maintenance and emergency work, as necessary . 5 . Troy Park nature trail. 6. Tree removals . 7. Bird nesting box installation and maintenance. o°hk 6nda # 2 3 C Town Engineer ' s Report for 2/9/98 Town Board Meeting DEVELOPMENT REVIEW Sanctuary Drive Monitoring of drainage and sediment control measures continues . Will be coordinating with Highway Superintendent to have developer clean road ditches and restore disturbed areas during the spring of 1998 . Ithaca Collecre Construction of the HSHP and the Music Center building improvements continue to be monitored for stormwater management impacts . Ithacare Court Street Companies , the General Contractor, has continued with site construction. Phase II erosion and sediment control improvements are in place as the mass earth work is nearing completion and the site drainage improvements are being installed. The water main boring under Danbv Road and water service installation has been completed and a recommendation to accept the w-atermain will be made to the Town Board after as-built drawings and test results are received by the Town Engineer. Mecklenburg Heights Final design will require additional detail and coordination with the City of Ithaca and State DOT to ensure that down stream drainage systems will not be adversely effected. Water supply improvements are under design and may provide the Town with an opportunity to reinforce the west hill water system. EARTH FILL PERMITS Five Mile Drive, Immaculate Conception No activity on the site during January . Final grading and site restoration will be completed in the spring of 1998 . Sediment control measures on the site are being maintained over the winter. FLOOD CONTROL CHANNI EL REHABILITATION PROJECT No activity on the site during January- . Final site cleanup and restoration will be completed in the Spring of 1998 . TOWN ENGINEERS REPORT 2 / 9 / 98 PAGE 2 WATER PROJECTS The Town Engineer is continuing to work with the City Engineer and SCLIWC member municipal engineers on the engineering evaluation to include the entire water infrastructure for the area. The Buttermilk Falls Road Water Main replacement is substantially complete, with only site restoration work remaining to be done in the spring . Planning on a water connection and pump station at the City of Ithaca Oakwood Dr. water tank is underway, to determine the feasibility of working with the Mecklenburg Heights Proposal to reinforce the West Hill water supply grid. SEWER The Buttermilk Falls Road Sewer extension is substantially complete, with only site restoration work remaining . STORMWATER Development of the Townwide watershed evaluation is continuing . Base maps were developed utilizing the digital planimetric map . Processing of the field data and development of the watershed model for the Northeast Ithaca area is underway. The model will result in recommendations for drainage improvements that will be incorporated into the 1998 work plan. A preliminary evaluation of the data and watershed analysis indicates that infrastructure improvements for stormwater management will be primarily capacity improvements for the existing road drainage system. Some stormwater detention may be recommended prior to additional development of the area. The Town Engineer is evaluating the large undeveloped parcels in the area for potential stormwater management facility sites . Prior to finalization of a stormwater management plan of work for the Northeast area, the draft plans will be reviewed by the Town Board and the public « ill have an opportunity to review the plan. The public will have an opportunity to ask questions and make comments at a public meeting to be scheduled. •::ajj - t TOWN ENGINEERS REPORT 2 / 9 / 98 PAGE 3 TOWNHALL The schematic design process for the renovation of the Tioga Street Post office began on January 15 with a meeting with Doug Look of HOLT& C . A preliminary schematic layout will be available the week of February 9 . A project budget is being prepared by the Budget Officer and Town Engineer. This budget is based on the original estimates provided by the Architect last spring and will be updated as the project progresses. C:I RPTSENGRI ERPT 9801 .REP Agenda Item #23d Planning Director' s Report for February 9 , 1998 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board , Mecklenburg Heights, Mecklenburg Road - Determination of significance of environmental impact The Planning Board, at its meeting of January 20, 1998, completed its environmental review of the Mecklenburg Heights development proposal on Mecklenburg Road, and, based on the submission of additional information regarding the proposed entrance driveway on Mecklenburg Road, issued a negative determination of environmental significance. Therefore, no environmental impact statement will be required . The project is proposed to consist of 56 apartment units in seven buildings on a 9. 8 + / - acre portion of Tax Parcel No . 27- 1 -13 . 12, adjacent to the Town of Ithaca / City of Ithaca boundary. Montessori School Annex Addition, 117 East King Road The Planning Board considered a Sketch Plan for a proposed addition to the Montessori School Annex, to consist of approximately 2,000 + / - square feet of additional classroom space, located at 117 East King Road on Town of Ithaca Tax Parcel No . 43-2-7, Residence District R-15 . This would be across East King Road opposite the main school building, and is in conjunction with a request to the State Department of Transportation for a school speed zone on this portion of East King Road. Cornell Lake Source Cooling Project, 983 East Shore Drive The Planning Board had a preliminary discussion at their January 20, 1998 meeting regarding Cornell University' s proposal to construct a chilled water plant in conjunction with the Lake Source Cooling Project, including the referral from the Town Board requesting a recommendation from the Planning Board regarding the proposed rezoning of the site of the proposed chilled water plant, as well as site plan approval and subdivision approval for the project, located at 983 East Shore Drive on a 3 . 12 + / - acre portion of Town of Ithaca Tax Parcel No. 19-1 -5, Business District "E" . The Planning Board continued its preliminary discussion at their February 3, 1998 meeting, focusing in particular on the proposed pipeline route alignment. Recommendation to Town Board Regarding Proposed Moratorium on Adult Entertainment Businesses The Planning Board approved a recommendation at the February 3, 1998 meeting that the Town Board enact the proposed local law providing for a moratorium for the establishment of adult entertainment uses for a period of ninety (90) days . CURRENT PLANNING DEPARTMENT PROTECTS The following are significant accomplishments or issues that have been dealt with over the past month . SEOR Reviews for Zoning Board : One additional SEQR review for the Zoning Board was completed : request for height and side yard setback variances for the proposed construction of a garage / storage building on an existing non-conforming lot, located at 941 Taughannock Boulevard , Tax Parcel No . 25-02-02, R- 15 Residence District, Richard and Laura Cunningham, Owners / Appellants . Codes and Ordinances Committee : The Codes and Ordinances Committee met on January 21 , 1998 . The Committee discussed a draft local law regulating sexually oriented business ( adult entertainment uses) . The Committee requested that the Planning Department prepare a study regarding potential secondary effects of adult entertainment uses on the surrounding community. Such a study is required, as a result of a recent U .S. Supreme Court case, prior to a municipality enacting regulations controlling such uses . In order to provide a reasonable period of time to complete this study and to consider regulations, the Codes and Ordinances Committee recommended the enactment of a ninety day moratorium prohibiting the establishment of adult entertainment businesses as an interim measure . Consideration of enactment of the moratorium is scheduled for the February 9th Town Board meeting (agenda item no' s. 8 - 10) , In addition, a draft of a further revised Agricultural Zone was discussed at the January 21st Codes and Ordinances Committee meeting. Discussion will continue at the February meeting. A draft local law regarding the regulation of cellular communication towers was distributed at the January 21st meeting and will be discussed at the February meeting . The next meeting is scheduled for Wednesday, February 25, 1998. Town of Ithaca - Cornell University Transportation Committee : The Committee met on �t January 12, 1998. The agenda included follow-up discussions on possible Caldwell Road and Maple Avenue improvements, a status update on the Northeast Subarea 2 Study, and a follow-up discussion regarding pedestrian crosswalks . Fernando DeAragon, the new MPO Director, will be invited to the next Committee meeting, which will be scheduled for the week of March 9th . Northeast Subarea Transportation Study (NESTS) : Working Group members have been selected by the Client Committee, and a special training workshop for Working Group and Client Committee members was held on Saturday, January 17, 1998, at the Women' s Community Building, where the Working Group was introduced to transportation planning methods and terminology and problem solving / decision making techniques . The Director of Planning is one of several technical advisors assigned by the Client Committee to attend Working Group meetings and provide assistance to the Working Group. The first Working Group meeting was held on January 29, 1998, at the Transit Center. :.�.: . The agenda included a discussion of Working Group organization and functions,.*ate- .: review of traffic counts and intersection analyses conducted to date by the technical consultant, and a general discussion of issues and problems that need to be addressed in the transportation study. Meetings will be held monthly, on the last Thursday of each month, from 5 :30 to 8: 30 p .m . MPO Planning Committee : The MPO Planning Committee met on January 20, 1998. The new MPO Director, Fernando DeAragon, was introduced . Representatives from the Westin Consulting Group presented their preliminary findings of the TCAT Service and Fare Consolidation Study, which has involved surveys of bus riders, the general public, and numerous public meetings . The initial findings are that the current bus system is working well, and that there were suggestions for increasing transit availability (e,g. , extending existing routes, increasing frequency and extending hours of operation of routes, etc. ) . The current fare structure is now undergoing analysis. A draft report of the travel demand model was completed and distributed to MPO members for review . The model has been provided to Creighton Manning consultants for use in the NESTS. There was an interesting discussion regarding the coordination of transit planning and how to improve the process of communication between the municipalities, the TCAT organization and the MPO . The focus of the discussion was on how to better incorporate transit planning and design into the local site plan review process and how to pursue the possibility of extending bus routes to serve pending developments in areas near current bus routes . It was agreed that Rod Ghearing, Director of Operations at TCAT, would develop an outline of suggestions for discussion at the next MPO Policy Committee meeting. Meanwhile, it was agreed that municipalities should add both ITCTC and TCAT to referral mailing lists for major projects that come before our 3 boards for review and approval ( e .g. , multi-family, commercial, institutional developments) . Historic Resources Survey: The Cornell Historic Preservation class presented their semester study results of the southeast sector of the town on February 1 , 1998 . This was rescheduled from a December meeting which had been postponed due to weather. A report with survey sheets of potentially significant properties was submitted to the Planning Department. Annual Report for 1997: The Planning Department' s Annual Report for 1997 was completed and accepted at the January 26, 1998 special Town Board meeting. 1998 Prioritv Work Plan: The Planning Department's Work Plan for 1998 was drafted and presented to the Town Board at the January 26th meeting. Personnel : Susan Ritter, the new Environmental Planner, began work for the Town of Ithaca on January 12th. Susan has begun working with the Conservation Board as their staff coordinator, is getting up- to -speed on our GIS system and is becoming familiar with our environmental and development review procedures. Planning Board Member Interviews : The Interviewing Committee met with a prospective candidate on January 26, 1998 . Materials pertaining to Planning Board functions were provided to that candidate . There may be a follow-up interview with that candidate. Meanwhile, efforts will be made to generate additional interest in Planning Board membership, with the hope that additional candidates will be forthcoming. Filename: 17p1an \ townbd \ tpre0298. m em a C TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF JANUARY 1998 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1998 0 0 0 0 RESIDENCES 1997 0 0 0 0 SINGLE FAMILY DETACHED 1998 3 215,000 3 215 .000 RESIDENCES 1997 2 180.000 2 180,000 1998 0 0 0 0 TWO FAMILY RESIDENCES 1997 0 0 0 0 1998 0 0 0 0 RENOVATIONS 1997 3 29.:58 3 29.558 1998 0 0 0 0 CONVERSIONS OF USE 1997 0 0 0 0 1998 0 0 0 0 ADDITIONS TO FOOTPRNI T 1997 0 0 0 0 1998 0 0 0 0 MULTIPLE RESIDENCES 1997 0 0 0 0 1998 0 0 0 0 BUSINESS 1997 0 0 0 0 1998 0 0 0 0 AGRICULTURAL 1997 0 0 0 0 1998 0 0 0 0 INDUSTRIAL 1997 0 0 0 0 1998 0 0 0 0 EDUCATIONAL 1997 0 0 0 0 1 Install gas boiler 10.000 I 18' x 22' garage extension 20.000 1 Relocate windows'add new windows 1 ,:00 I Insulation to building walls 22 i00 MISCELLANEOUS 1998 4 33 .700 4 337700 CONSTRUCTION 1997 I 3 .600 1 3 .600 TOTAL NUMBER OF 1998 7 248.700 7 248,700 PERMITS ISSUED 1997 6 213 . 158 6 213 . 158 TOTAL FEES 1998 7 475 7 475 RECEIVED 1997 6 385 6 385 Date Prepared: February 3 . 1998 Dani L. Holford Building/Zoning Department Secretary - 2 - T TAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 11 Mitchell Street - 28' x 40' storage building. 69 West Haven Road - storage addition to existing garage. 3 . 218 Stone Quarry Road - rebuild portion of foundation. 4. 1318 Hanshaw Road - add second floor bathroom and closets. 5 . Building # 14, Pleasant Grove Apartments - conversion of a residential building into a maintenance shop ( permanent). 6. 132 Salem Drive - existing single-family dwelling. 7. 125 Park Lane - new single-family dwelling - temporary. 8 . 1406 Trumansburg Road - renovate bathroom. 9. 172 East King Road - Hospicare residence and administrative offices - temporary. 10. 250 Troy Road - addition to single-family home. 11 . 1306 Hanshaw Road - egress window with stairwell. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 1998 - It TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 1997 - 12 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 5 1 . 110 Winston Drive - property maintenance & building code - pending. 2. 210 Sapsucker Woods Road - property maintenance - abated. 3 . 319 Winthrop Drive - footer drains - abated 4. 225 Pennsylvania Avenue - building code - abated. 5. 29 Coddington Road - property maintenance - abated. kember 1997- 1 . 1337 Slaterville Road - property maintenance - abated. From October 1997: 1 . 1447 Trumansburg Road - building code and zoning violation (illegal apartment) - pending. 2. 30 Renwick Heights Road - building code and zoning violation (illegal apartment) - abated. From September 1997: 1 . 119 Woolf Lane - building code - pending. From Julv 1997: 1 . 527 Warren Road - occupancy - pending. From Mav 1995 : 1 . 1152 Danby Road - zoning and building code - pending legal action. From March 1994: 1 . 132 Forest Home Drive - building code - pending state hearing on 9/ 19/96 - variance granted - fire alarm installed - exterior stairway pending. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE. 1998 - 5 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE. 1997 - 1 - 3 - AL FIELD VISITS THIS MONTH - 83 Uniform Building Code - 55 Local Law and Zoning Inspections - 20 Fire Safety - 4 (2 businesses, I church, 1 lodgeiassembly) Fire Safety Reinspections - 2 (apartment building) Fire/Emergency Occurrences - I (house [fireplace/chimney]) Fire Occurrence Reinspections - 1 (house) TOTAL FIELD VISITS YEAR TO DATE, 1998 - 83 TOTAL FIELD VISITS YEAR TO DATE, 1997 - 78 TOTAL SIGN PERMITS THIS MONTH ( 1 Vermont Mountain, 2 Cayvga Professional Center) - 3 TOTAL SIGN PERMITS YEAR TO DATE, 1998 - 3 TOTAL SIGN PERMITS YEAR TO DATE, 1997 - 0 ZONING BOARD OF APPEALS 1 MEETING, 4 CASES. AGENDA ATTACHED FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JANUARY 14, 1998 7 : 00 P. ,Ni. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, January 14, 1998, in Town Hall , 126 East Seneca Street, ( FIRST Floor, REAR Entrance, WEST Side), Ithaca. N . Y.. COiM1VIENCLNG AT 7 :00 P. M . , on the following matters : APPEAL of Barbara Kazyaka, Appellant. Alfred Eddy, Landowner, requesting a variance from the requirements of article V. Sections 18 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a push cart food service business at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 - 10 . 1 , Residence District R-30 . Said Ordinance would not allow such a business operation in a residential zone. APPEAL. of Ithaca College, Appellant, Robert O ' Brien, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance. to be permuted to erect a small observatory on the G .EoV' Ithaca College campus. 953 Danby Road. Town of Ithaca Tax Parcel No. 41 - 1 -30 ? , Residence District R- I I 30 . A variance from the requirements of Town of Ithaca Local Law =7, 1988 , requiring the installation of a sprinkler system within the observatory is also being requested under Section 9 of said Law. APPEAL, of Michael Herzing, DBA Big .AI ' s Hilltop Quikstop. Appellant. requesting authorization from �1p wlzd the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be 1 permitted to raze and rebuild a nonconforming gasoline station convenience store at 1 103 Danbv Road, Town of Ithaca Tax Parcel No. 43 - I . -2. Business District C . The sale of gasoline is only permitted in Business D zones. APPEAL of Donald F. and Barbara Holcomb, Appellants, requesting a variance from the requirements of 7 �` O ��``� Article IV. Section 14 of the Town of Ithaca Zoning Ordinance. to maintain a single- family home with a front ,yard building setback of 2') feet ('_5 feet required) at 141 Northview Road, Town of Ithaca Tax Parcel No. 52- 1 - 17. Residence District R- 15 . Said Zoning Board of Appeals will at said time. 7 : 00 p. m . . and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Buildinu and Zoning 273 - 1783 Dated: January 6. 1998 Publish : January 9 , 1998 oFtr °� _ �9> TOWN OF ITHACA 821 126 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 2!9198 Agenda Item No. 23 ( f ) Human Resources Monthly Report for January 1998 Personnel : The Justices have received resignations from both of the Court Clerks effective January 31 , 1998 . After much discussion between the Justices and Supervisor Valentino it was concluded that only one full time court clerk position will be needed at this time . So the part time court clerk position will be abolished at the February meeting . The two Data Entry Clerks will stay on at this time continuing to work part time . The Court Clerk office has been moved from Judy Bernal ' s home to Judge Larkin ' s home until the Town Hall post office location is ready . Betty Poole has accepted the full time salaried Court Clerk position . Betty has been the Deputy Town Clerk for the past 5 years . This is a departmental transfer of an employee so there is no change in benefits . In January we welcomed Susan Ritter as our new Environmental Planner. I sent a memo out to all Town of Ithaca employees about the change in the Compensatory Time section of the Personnel Manual as instructed . On Friday, January 30 , 1998 the Town Hall staff had a short morning get together to congratulate Michael Ocello for completing 20 years of service with the Town of Ithaca . Daniel Walker presented a certificate to Mike for his dedication to the Town . We also congratulated Betty Poole on her new position with the Town Justices . Deferred Compensation : I have met with Suzanne Slimbaugh our Representative from Pebsco to set up the presentation schedule for the staff. We will be holding three presentations in February one at each different location . Payroll : 1 met with Sharon from Williamson Law Book to get the payroll program all set for year end payroll reports . We prepared and mailed out the W-2 `s on January 23 , 1998 . Over a week earlier and with a lot less stress than last year with Data Rite Payroll Service . All the new wages were then entered into the payroll system and set for our first payroll in 1998 . The first payroll of 1998 was sent to the Tompkins County Civil Service Office for certification as required by law. Records Management. Joy and I have worked very hard on getting the files organized for records management. We will be sending many records for disposition in February that have been stored for their designated time and some that are way over their time . Human Resources Office . Have completed the everyday functions of the office . Both Joy and I pitched in to help in the tax collection . Submitted By: Judith C . Drake Human Resources Specialist JoereAb/racoN1996Avufe b.rep Is �Zy OF I T� TOWN OF ITHACA ! _ 126 EAST SENECA STREET, ITHACA , N . Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, ( Ithaca Journal ) : LEGAL NOTICE : ENACTMENT LOCAL LAW NO. 1 /1998 ON "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS ". Location of Sign Board Used for Posting : Town Clerk' s Office 126 East Seneca Street Ithaca , NY 14850 LEGAL ADVERTISEMENT Date of Posting : Wednesday , February 11 , 1998 Date of Publication : Saturday, February 14, 1998 Town Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this / '7jk�7Lday of r �ln. 119 No �P F Notary u c, S e o Nei York Registration #01SA5044003 Qualified in Tioga Caun y My Commission Expires 4� � nmnmor TOWN OF ITHACA NOTICE OF ADOPTION OF LOCAL LAW PROVID- ING FOR A MORATORIUM ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES IN THE TOWN OF ITHACA FOR A PERIOD OF 90 DAYS NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 9th day of February, 1998 , the Town Board of the Town of Ithaca duly adopted a local law, an abstract of which follows: ABSTRACT=OF LOCAL LAW Said local law: (a) Made a number of find- ings including a finding that it would be desirable to establish a moratorium to per- mit a study of the need for -' legislation and the appro- priate terms of any legisla- tion, if needed, to be con- ducted before an adult entertainment business was established in the Town of Ithaca; fib) Defined adult entertain- ment businesses, which deli- nition included varicus types of adult businesses including arrrd:es, bookstores, cabo- -�rs, :)eaters, massage par- 'ors, and peep shows where ;he performances or products were characterized by an emphasis upon explicitly sex- ual matters involving specified anatomical areas or acecified sexual activities as t defined in the local law c) Prohibited the esta6lish- ment within the Town of Ithaca of an adult entertain- men: business as so defined, for a :period of 90 days from the �,lactment of the local law; )d) Provided mechanisms for implementing the local law; )e) Provided penalties for via- lotion of the local law which included possible fines and imprisonment as set forth in Section 268 of the Town Law, and also provided for the Town to pursue injunctive re- lief if so advised; (Fl Excluded the Village of Cayuga Heights from the ter- ritorial applicability of the lo- Cal law; and )g) Included certain other Provisions regarding admin- istration of the moratorium . A complete copy of the Local Law is available for reading and inspection at the Town Clerk 's office, 126 East Sen- eca Street, Ithaca, New York 14850, Monday through Fri- day, between the hours of 8 :00 a .m . and 4:00 p.m . Joan Lent Hamilton Town Clerk February 14, 1998