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HomeMy WebLinkAboutTB Minutes 1994-02-07^ \ Town of Ithaca Town Board Meeting Minutes February 1, 1994 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: John G. Whitcomb, Supervisor; Catherine Valentino, Councilwoman; Karl Niklas, Councilman; David Klein, Councilman; Carolyn Grigorov, Councilwoman; Ellen Z. Harrison, Councilwoman; Edward Conley, Councilman. ALSO PRESENT; John Barney, Esq., Attorney for the Town; Joan Lent Noteboom, Town Clerk; Daniel Walker, P.E., Town Engineer; Fred Noteboom, Highway Superintendent; Andrew Frost, Building/Zoning Officer; Patricia Punger, Personnel Manager; Sally Alario, Assistant Budget Officer. James Kazda, Tompkins County Engineer; Liz Cameron, Tompkins County Department of Public Works; D.J. Stotz; Helen Sundell; Carl Sundell; Bruce Brittain; Brent Stephens; Harriet Brittain; Douglas ' ^ Brittain; George Bayer; Charles Troutman; Ruth Mahr; H. Taraszkiewicz; Margery Shipe; Isabel Peard; Nancy Brooks; Stan Seltzer; Dan Winch, Chairman, Tompkins County Public Works Committee; Beverly Livesay, Tompkins County Board of Representatives. Call to Order: The Supervisor called the meeting to order at 5:34 p.m. Pledge of Allegiance; The Supervisor led the assemblage in the Pledge of Allegiance. Agenda Item No. 3 - Report of Town Officials a. Supervisor's Report - Supervisor Whitcomb reported he had the opportunity to attend the meeting of the Ithaca Tompkins County Transportation Council, (MPO). Councilwoman Harrison and Supervisor Whitcomb met with David Boyd after the meeting and discussed transportation planning in the County, and how the Town's plan fit into the County's. Supervisor Whitcomb attended a meeting at Cornell on local government. It has been an interesting month and things are going ^ very well. 1 Supervisor Whitcomb noted that Agenda Item No. 10 will be deleted ' \ this evening. b. Town Engineer's Report - Mr. Walker explained that along with the monthly report he is presenting the Annual Report for the Engineering and Planning Departments for 1993, (see attached). Mr. Walker reviewed the highlights of his reports with the Board. TB Minutes - 2/7/94 Page 2. The MPO is developing a Transportation Task Team to start a comprehensive planning of transportation for the area. This will coincide with the transportation plan the Town will be working on. George Frantz, Assistant Planner; Louise Raimondo, Planner I; Candace Cornell, Planning Board Member; and Mr. Walker attend a seminar for Wetlands dealing with some of the permit requirements, legalities, and technical information. There have been a few water main breaks as a result of the weather. c. Town Highway Superintendent's Report - Mr. Noteboom reported that during January the Highway and Parks Departments spent the majority of their time removing snow. Double the labor hours were spent this year as compared to previous years. However, they did not use anymore materials than usual. There have been a few more repairs to the vehicles than normal because they are being used more to push the snow back. (See attached report). d. Town Building Inspector/Zoning Officer's Report - Mr. Frost reviewed his v/ritten report with the Board, (see attached). e. Planning Report - Included in engineering report. f. Town Clerk/Receiver of Taxes Report - Mrs. Noteboom stated that as of today she has paid the Town Supervisor the full tax warrant for 1994, with the exception of all the In Lieu of Tax Payments. Mrs. Noteboom stated they sent out approximately 4907 tax bills and the total warrant was $3,269,479.14. For the week of 1/28/94 to 2/4/94 we collected 1701 tax bills for a total of $2,256,851.80. We have collected to date 3271 tax bills. Today (2/7/94) her department processed 538 bills, $859,066.03. Mrs. Noteboom thanked her Deputy Betty Poole for her hard work this past week, the accomplishments made would not been possible without her. Mrs. Noteboom also thanked Wayne Sincebaugh and Stanley Schrier for putting up the pictures and bulletin strips in the freshly painted board room. Town Attorney's Report; Attorney Barney happily reported the Town of Ithaca received a decision that they won a lawsuit. The lawsuit involved the Town Planning Board and their decision as to whether there should be a chicken barbecue on Route 13. The Town lost in the trial court on summary judgement and appealed. The Appellate Court found in favor of the Town and reversed the decision. Mr. Barney felt this should end the case. > \ TB Minutes - 2/7/94 Page 3. Agenda Item No. 4 - Review of Correspondence; Two letters were received concerning water or sewer benefit tax refunds on tax parcels. Ward Hungerford, Tompkins Co. Highway Manager, Bostwick Road Ernest Hardy, 215 Enfield Falls Road Supervisor Whitcomb referred these letters to the Town Engineer for his recommendation to the Board at the March meeting. Agenda Item No. 5 - Report of Town Committees; Councilwoman Valentino attended a meeting with different municipal officers in the media to discuss the possibility of a joint county wide cable commission. She was appointed to a sub-committee of that which was reported in the editorial page of the Ithaca J ournal. There used to be a County Cable Commission that disbanded which during its tenure set up guidelines of rules and regulations. This new committee reviewed to them to determine if those rules were current enough to keep the municipalities moving forward. It was decided that with a few minor revisions those rules and regulations could still be used. Hopefully, this group will meet again shortly. Then a formal resolution will come before the Town Board to see the town's extent of interest for a County Commission to negotiate franchises, dealing with the FCC and State Cable Commission, rules and regulations, and public access. The City primarily deals with public access presently v/ithout the other municipalities having input. There seems to be interest from the other municipalities. It would be excellent if the Tov/n could move forward with the others instead of each municipality dealing v/ith franchises separately. It would have the benefit of negotiating power with the cable company and vvould be a very good intermunicipal cooperative. The City has been having difficulty in filling their slots on their commission so they are interested. They also are in a position of negotiating items without input from the rest of the communities. The Task Force for Recreation has been slowed down due to the bad weather and illnesses of different members. They are moving forward with help from the State Parks and Youth Development Resources to look at models in place in other areas where they are using intermunicipal cooperation for youth services instead of piece meal. ^ N TB Minutes - 2/7/94 Page 4. The Task Force hopes to hold informational public meetings regarding youth services in the area. Councilman Niklas stated the Codes and Ordinances Committee did not meet last week as scheduled because half of the committee members and staff were out of town. Councilman Niklas said he is concerned with knowing who is the liaison in the Planning Department to organize the agenda for the Committee in the absence of the Town Planner. The Town Planner has in the past discussed with Councilman Niklas the agenda. Mr. Walker has been doing a very good job in overseeing the Planning Department until a new Town Planner is found, but guidance is needed who is going to organizing these meetings. Supervisor Whitcomb suggested that Councilman Niklas and Mr. Walker meet to determine who will be the contact person in the Planning Department for the Codes and Ordinance Committee. Councilman Klein added that he was notified the day of the meeting. Councilman Niklas said it is was peculiar because he received a FAX from the Planning Department asking what the agenda was. Later the day of the meeting he was told it was canceled. Councilman Niklas said that he was confused as he was Chairman of the committee and it is strange the meeting was canceled without his knowledge. Councilman Klein reported the Public Works Committee met on January 27, and there was a lengthy agenda. Many will be discussed this evening. The South Hill Trail work will completed in the spring. There is a June 30, deadline for the completion. The reconstruction of Judd Falls Road which v/as discussed at length last fall and negotiated with the Forest Home Improvement Committee is expected to be delayed. It is not expected to do the work this year pending a northeast transportation road study that Mr. Walker has taken to the MPO. There will very likely have to be some repairs to the road to get it through another season. Councilwoman Harrison attended the meeting to discuss the Route 13 Improvements. There is a resolution on that matter this evening. ^ Mr. Noteboom would like to have a Town Board of the Town garage and other Town facilities in the spring. Councilwoman Grigorov stated the Planning Committee has met twice. Mr. Walker had a work plan based on the Tov;n Board's adopted 1994 plan. It was not difficult to direct the planning staff as to their assignments for the year, but deciding what the Planning f \ TB Minutes - 2/7/94 Page 5. Committee will be doing is difficult. The idea is to implement the Comprehensive Plan. Work has been done on isolating studies that have to done before zoning revisions or rewriting. At the next meeting the Committee will hear from a local individual who has experience in planning to help them get started. Agenda Item No. 8 - Consent Agenda Items; Supervisor Whitcomb stated this is the first attempt at Councilman Klein's suggest for consent agenda items. Items in which there is likely to be controversy are pooled together for a single resolution. Motion made by Councilman Klein, seconded by Councilman Niklas approving and/or authorizing the consent agenda items. No. 8a to 8k. The Supervisor asked if there was any discussion of these items? Attorney Barney explained the Town Board is moving all the resolutions, they are separate resolutions but are moved simultaneously. Councilwoman Harrison asked what happens to the brush and leaves picked up during the Spring Pick-Up? Mr. Noteboom explained that while picking them up at roadside the Highway Department chips them up into mulch. These chips are used in the Town parks and residents are welcome to come to the Highway Department and get some for their yards. The leaves are composted into topsoil which is used and offered in the same way. Councilwoman Harrison recalled the spring pick-up was a significant endeavor for the Highv/ay Department. Mr. Noteboom agreed, it depends on the weather how long it takes. Mrs. Noteboom mentioned she does not expect to receive much or any funding for the SARA Archival Grant. The State normally gives the money to Towns who have not started their programs yet. The Town of Ithaca is presently working on its third grant from SARA. ^ Mrs. Noteboom stated there was a change in one of the Town's Polling Places from Ithaca College to National Cash Register. / Supervisor Whitcomb mentioned there was a copy of the grant application provided to the Tov/n Board, and it represents a significant effort on the Town Clerk's part. Motion was called and carried unanimously. / \ TB Minutes - 2/7/94 Page 6. Agenda Item No. 9 - Appointment of Finance Committee; Supervisor Whitcomb appointed Catherine Valentino and Edward Conley to the Finance Committee. The Finance Committee will review all the vouchers, requisitions, audit petty cash, interact with auditor's at the exist conference during the annual audit, assist with the 1994 priorities, and other duties as assigned by the Supervisor. Motion made by Councilman Niklas, seconded by Councilman Klein approving the appointment of Catherine Valentino and Edward Conley to the Town of Ithaca Finance Committee for 1994. Carried unanimously. Agenda Item No. 11 - Appointment Attornev for the Town 1994; Motion made by Supervisor Whitcomb appointing John Barney, Esquire as the Attorney for the Town of Ithaca for 1994 based upon the conditions as set forth in a letter from Mr. Barney, (see attached). Seconded by Councilman Niklas, carried unanimously. Agenda Item No. 12 - Quarterlv Investment Report. 10/1/93 12/31/93: Ms. Alario reported the total interest earned on the investments for the 4th quarter of 1993 was $18,973.63. Included in information provided was a note explaining the town's investments. Councilwoman Grigorov thanked Ms. Alario for providing the information explaining the investments. Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving the Quarterly Investment Report for 10/1/93 to 12/31/93. Carried unanimously. Agenda Item No. 13 - Annual Investment Report; Councilman Klein asked how the interest received for 1993 compared to the budget amount? Ms. Alario responded that in some of the funds it was a little over, and in some less. It depended on how long the monies remained in the fund during the year. Overall the Town came out just slightly under what v;as budgeted. Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving the Annual Investment Report for 1993. Carried unanimously. t TB Minutes - 2/7/94 Page 7. Agenda Item No. 14 - 1993 Budget Amendments; Ms. Alario explained that an additional amendment was added at each member's place this evening because the Accounting Department was waiting to receive information as to whether the Town must account for SCLIWC debt. It has to be recorded in a different way this year. Motion made by Councilman Niklas, seconded by Councilman Klein approving the 1993 Budget Amendments as presented. Carried unanimously. Agenda Item No. 15 - Fixed Assets Value for Accounting; Supervisor Whitcomb explained that presently there is a $100.00 value for placing items on the Fixed Assets Inventory. The Department of Audit and Control has recommended a $500.00 limit. A Councilman Klein asked if this were being proposed because so manyitems are more expensive than $100 and it is time consuming to keep adding them to the inventory? Supervisor Whitcomb responded, yes. Motion made by Councilman Conley, seconded by Councilman Niklas authorizing and approving a $500.00 minimum limit for the recording of fixed assets. Carried unanimously. Agenda Item No. 16 - Increase of Minimum Amount Reguired for Supervisor's Signature; Supervisor Whitcomb stated currently the Supervisor signs all purchases for $1000 and over, the State is recommending the limit be $3,000. Councilman Niklas asked if any signature would be required for a purchase under $3,000. Supervisor Whitcomb said it would be a Department Head signature based on a budgeted item, and all purchasing procedures would have to be undertaken. It also would be reviewed by the Finance Committee. Motion made by Councilman Niklas, seconded by Councilman Conley approving and authorizing the amendment to the Purchase Order Policy to increase to $3000 the amount requiring the Supervisor's signature. TB Minutes - 2/7/94 Page 8. Agenda Item No. 17 - Ratification of One Half Payment Property Taxes, lacovelli; Supervisor V/hitcomb explained this was discussed in May 1993, and there was a consensus of the Town Board at that time that as part of the agreement for Mr. lacovelli conveying these parcels to the Town for lacovelli Park that the Town share the property taxes for that year. Mr. Liguori recommended that they be split 50/50. In reviewing the minutes it could not be found there was a resolution to that effect, only a discussion. So it is asked that consensus be ratified at this time. Attorney Barney explained that if the Town takes property after March 1, of a given year it doesn't go off the taxes until the following March 1. In this case we accepted property. Normally the Town requires the developer to pay the taxes until the property goes off the rolls, however, Mr. lacovelli has given a much larger portion of land that what would be required for the park. After many negotiations, this seemed to be the fairest way. Motion made by Councilman Niklas, seconded by Councilwoman Valentino ratifying the payment to Orlando lacovelli of one half of his 1994 Town and County Taxes in the amount of $180.15, and one half of his 1993-4 school taxes in the amount of $295.08 for the tax parcels conveyed to the Town of Ithaca. Motion carried unanimously. Agenda Item No. 18 - Association of Towns Resolutions; Supervisor Whitcomb said the Town Board is instructing the delegate to the Association of Towns meeting how to vote on the resolutions. Mrs. Noteboom said the Town Board reaches a consensus on the resolutions and instructs their representative how to vote at the Annual Meeting of the Association of Tov/ns. Attorney Barney said this Town Board if they chose could vote on each issue to direct their delegate how to vote. / , Councilman Niklas said that the vote of the delegate is for each individual resolution. Mrs. Noteboom has forwarded a certified copy of the resolution in January of the appointment of the Town's delegate. Councilwoman Harrison stated she had called the Town Clerk to ask what documentation concerning the resolutions was sent to the Town by the Association of Towns. They did not send any other documentation other than v;hat has been presented. TB Minutes - 2/7/94 Page 10. Councilwoman Harrison commented on the Safe Drinking Water Regulations that they are asking for an extension of time deadlines to allow significantly longer periods before compliance is required. She said that she was not aware enough of what the original deadlines were for municipalities, how much notice they had. It is not atypical wait until almost the "eleventh" hour. She asked Councilwoman Grigorov carefully consider this item at the meeting. Mr. Frost said the State Aid for Code Enforcement resolution which urges the State to restore $7 million in fire prevention and building code enforcement funding cut from the budget in the last tv7o fiscal years. The State mandates all things regarding to building code, the Town actually has no control over waiving any parts of it. The State used to reimburse the Towns for certain activities relating to building codes, they have stopped. Mr. Frost asked that a vote of "yes" be made concerning this issue so funding can be restored for these activities. Motion called and carried unanimously. Councilwoman Harrison asked that it also be communicated to the Association of Towns that it would be helpful in the future if they provided more information on the resolutions to be voted on. Councilwoman Valentino said that the Town usually receives more information than was provided this year. Councilman Conley said that he likes what the WICKS law was supposed to accomplish, but when municipalities are involved in projects with three or four different contractors and there is a problem the contractors shift the blame one another. A governmental units pays a great deal of money for bonds, and there is no V7ay to collect on bonds V7hen contractors start disagreeing. Councilman Klein said that the Tov7n had a terrible time closing the projects at the fire stations because of disputes betV7een the various prime contractors. Councilman Conley felt it almost requires a governmental unit to supervise the drawings just to make sure it doesn't happen. Agenda Item No. 7 - Persons To Be Heard; Mr. H. Taraszkiewicz, 719 Hanshav7 Road addressed the Board and said that he has been before the Board many times about a case against the Town and Mr. Walker, Town Engineer about the water drainage Mr. Walker insisted came on his property. Mr. V/alker came on his property without a warrant and searched then joined the neighbors, you know the rest of the story. A TB Minutes - 2/7/94 Page 11. Mr. Taraszkiewicz said he would like to ask Mr. Walker a fev/ questions. Mr. Walker v/as in court testifying against him and was insisting that the type of system he recommended be built. Did they build the drainage system Mr. Walker advised? Mr. Walker stated he was not av/are of what the final outcome of any construction was. Mr. Taraszkiewicz said when Mr. Walker was in court testifying against him and insisting on that system Attorney Barney said the point is the Town is not going to have an interrogation of Town officials and told Mr. Taraszkiewicz if he would like to speak to Mr. Walker about this he was sure Mr. Walker V7ould be more than willing to do so. The Tov7n Board does not v/ant to spend time question by question as to what Mr. Walker did or not do. The Town Board looked into the matter and a letter was sent to you indicating Mr. Taraszkiewicz said the letter explained that Mr. Walker had a duty, and asked what kind of duty. Attorney Barney told Mr. Taraszkiewicz he could bring a claim against the Town in the normal course of events. It is not fair to put any one town official on the witness stand in this manner. The Tov/n Board looked into the issue and advised Mr. Taraszkiewicz you of the results, and that is as far as it really needs to go. Mr. Taraszkiev/icz claimed he sees it as a conspiracy. $4000.00 for the system Mr. Walker designed. Mr. Taraszkiewicz asked again if the system Mr. Walker advised was built. Attorney Barney reiterated the Town Board looked into the matter and found there was no basis for proceeding. Mr. Taraszkiewicz"s recourse if he chooses is to bring it a law suit against the Town and the Town will certainly respond. Every adjudicatory group that has heard Mr. Taraszkiewicz's claim ruled against him to date. Attorney Barney felt fairly comfortable that if Mr. Taraszkiewicz chose to bring a claim against the Town the same result would occur on that occasion. Mr. Taraszkiewicz said that Mr. Barney wrote a letter saying Mr. V/alker had a duty, but that he didn't quote any law. There is no such duty to go on private property and interfere with people and cause damages. Councilman Niklas interjected and told Mr. Taraszkiewicz that the bottom line is that he would not receive satisfaction from what he is doing now and what he has done in the past. If he has a grievance take the Town to court, but this is not the proper place to venue, or the opportunity to engage the Town in a debate. TB Minutes - 2/7/94 Page 12. The Tov/n Board has heard v/hat Mr. Taraszkiewicz has had to say and the Town Attorney has responded to the Town Board's decision about what Mr. Taraszkiewicz has said. Mr. Taraszkiewicz asked what kind of procedure is this, he insists the system has to be that way and then he doesn't follow up. Mr. Walker had such a duty, why doesn't Mr. Walker make sure the $4000 project is done? Instead a $200 project was done after the trial. That system was insisted on by Mr. VJalker, v/hat kind of people does the Town have here. Mr. Barney is an Attorney and he is supposed to condemn that kind of action. It is not the Town's business to interfere in private affairs. Councilman Niklas said the courts have borne out that the Tov;n has behaved properly, and has done its duty. Thank you. Supervisor Whitcomb asked if anyone else wished to be heard concerning any issue not on the agenda? No other member of the audience wished to be heard. Agenda Item No. 19 - Date Public Hearing, Aged Exemptions; Supervisor Whitcomb explained the Tov/n Board wished to set the date for a Special Tov/n BoArd meeting to hold a Public Hearing to consider a Local Law No. 3, a "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OLDER". Councilman Niklas moved that vve have this as an agenda item at the next Tov/n Board meeting. Supervisor Whitcomb said that v/ould not be possible as there is a deadline before that time, a Special Tovi/n Board meeting will have to be held. Mrs. Noteboom stated the Local Law has to be adopted no later than February 28. Councilman Conley asked what will be considered, and why can't it be dealt with at this meeting? Mrs. Noteboom responded, increasing the income limit an aged person can make to be eligible for a property tax exemption. Attorney Barney said there has to be a local lav7 and a public hearing must be held v/hen enacting a local lav/. TB Minutes - 2/1/9^ Page 13. Councilman Niklas said that the public hearing should be held later than 5:30 p.m. so that people would be able to attend and suggested 7:00 p.m. on Thursday, February 24. Motion made by Councilwoman Harrison, seconded by Councilman Conley that the Town Board will hold a special meeting on Thursday, February 24, 1994 at 7:00 p.m. in order to conduct a public hearing to consider a local law amending Local Law No. 3, 1991, a "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OR AGE OR OLDER". Councilwoman Harrison asked v;here did the particular figures come from? Attorney Barney said the State law authorizes the Town and school districts to increase the limits to those shov/n on the schedule. You could make it zero, but this would be the maximum. Councilwoman Harrison asked what the implications would be? Mrs. Noteboom said she had researched the amount and it would cost the Town a very small amount. V7e only have a very few people v/ho are eligible. Mrs. Noteboom said she will get the exact numbers for the public hearing. Motion called and carried unanimously. Agenda Item No. 20 - Procedures Weather Related Time Off: Supervisor Whitcomb stated the Personnel Committee has recommended a procedure the Town will follow regarding inclement weather and the Town Hall is closed. Motion made by Councilman Niklas, seconded by Councilwoman Grigorov approving the attached Weather Related Time Off Procedures Section for inclusion in the Personnel Manual. Councilman Klein said that he felt the procedures v/ere well thought out. Ms. Punger commented at Supervisor Whitcomb's request some v/ording was changed from "essential employees and non-essential employees" were taken out of the final document and changed to "employees required to work and employees not required to work". Councilwoman Valentino noted that was done because every employee is essential. Supervisor Whitcomb said it would be determined by the Department Head which employees v;ould be required to V7ork. Basicly this relates to the Highway Department. TB Minutes - 2/7/94 Page 14. Motion carried unanimously. Agenda Item No. 21 - Procedures To Officially Close Town Hall; Motion made by Councilman Niklas that the Tov/n Board approves giving the Tov/n Supervisor the final discretionary decision for closing Tov/n offices during inclement weather or other unusual incident. (1) This decision will be made based on information provided by the Highway Superintendent, Sheriff's Department, Tompkins County, and/or other sources of the Supervisor's choice. (2) the Town Clerk will immediately notify Department Heads and broadcast the closing on three local radio stations. (3) Other employees will be notified either by the appropriate Department Head or the Town Clerk's staff, whichever proves practical at the time. Seconded by Councilwoman Valentino, carried unanimously. Agenda Item No. 22 - Amendment to Rules and Regulations of the SCLIV/C - Late Payments Water and Sewer Billings; Supervisor Whitcomb said this issue has been discussed in previous meetings. We have discussed what the implications are concerning finances. The Tov;n Engineer and Assistant Budget Officer do not feel there would be a significant impact and that it would extend the time period before the late penalty starts by 10 days. Motion made by Councilwoman Valentino, seconded by Councilman Conley that the Tov/n Board requests the SCLIWC and the member municipalities of the Commission amend the rules and regulations to extend the period during which a water bill may be paid without penalty from 20 to 30 days, and a copy be forwarded to the SCLIWC, and the Supervisor, Tov/n Clerk, and other Town officers be authorized to take actions appropriate to effectuate this. Motion carried unanimously. Agenda Item No. 27 - Dov/nstream Forest Home Bridge Design Status; Supervisor Whitcomb said James Kazda, Tompkins County Engineering wished to address the Board. Supervisor Whitcomb told Mr. Kazda the Tov/n Board v/as confused as to v;hy the request was made to address the Board since earlier discussions with the Town Board indicated an agreement that the Town Engineer, Town Highway Superintendent, and members of the Forest Home Improvement ^ Association would be part of a committee reviewing the bridge designs. The it is understood the Tov/n has not received those designs to date. Mr. Kazda said the County started v/hen the State in 1992 did some special inspections of the bridge and identified it as a potential catastrophe. Through an analysis done by the County in 1992 it v/as TB Minutes - 2/7/94 Page 15. determined the best interests of the community were to replace the bridge. Those discussions with information brought to the Town Board, the County decided it was necessary to replace the structure and while doing so perform restorations on specific historic components of the structure. In 1992 the Town Board passed a resolution instructing the County to proceed with a one lane bridge. County staff is recommending to the County Public Works Committee to proceed with a one lane bridge. County staff has also been working with the Forest Home Improvement Association in developing criteria for design and then construct the new one lane bridge. The County Board, and the Public Works Committee adopted a resolution that County staff is to construct a one lane bridge in the Forest Home Community. Staff was also instructed to design historic restoration of the existing trusses as an alternate to the project. In December 1993, a group was convened v/hich included the Town Engineer, the Forest Home Improvement Association, the County Engineer, and County staff to develop recommendations concerning design. Because of delays in the process there is a very tight schedule in completing this project. It V7as thought to be in the best interest of everyone to bring it to the Town Board nov; in order not to delay the project later on. Liz Cameron will discuss the schedule for the project which will show the necessity of giving a presentation of the options now. County staff will be v/orking with Mr. Walker and other Town staff deemed necessary to make this project acceptable to everyone. There will be a group meeting this week that v;ill include the Forest Home representatives to hear their comments. The schematic designs are presently only options. County staff does not have any final recommendation to bring to this Board. County staff is asking the Town to hear and understand the options which are now being evaluated, then the Town Board can direct Tovm staff to proceed in anyway the Town Board wishes. The final approval to proceed with schematic design and design development v/ill occur at the County Public Works Committee next Wednesday. County staff expects to have a recommendation at that time. County staff v/ill make a recommendation based on the options presented by Ms. Cameron this evening. Those options or revisions of those options will go to the Public Works Committee as County staff recommendations. / The Town can send a representative to that meeting to express any ^ views the Town has. The Forest Home representatives are also invited to attend to express their favorite options. Direction to County staff will then be needed from the Public Works Committee in order to proceed. / TB Minutes - 2/7/94 Page 16. Supervisor Whitcomb asked Mr. Kazda if a public information meeting has been scheduled for this Thursday? Mrs. Kazda said there are two meetings, one is a working session with the technical staff, and one is for the community group to bring out issues. County staff thought having a meeting on Thursday presented enough time for the community group to get involved in the process. Councilman Niklas asked what the basis was for the sense of urgency which resulted in the County not giving this information to Town staff and to the Forest Home Neighborhood Association before this meeting? Councilman Niklas understood the County had promised Tov/n staff and representatives from Forest Home to see these options before the County came before the Tov/n Board. V/hy is there such a hurry so that vi/as not done? \ Mr. Kazda said the Town Board only meets once a month. County staff received the preliminary documentation a v/eek ago. It v/as refined so the engineers present the options on Monday. Councilman Niklas said that this could be discussed a month from now. Why does it have to be done nov;? Mr. Kazda said a month from nov/ the County v;ill have made a decision and will be proceeding. Councilman Niklas asked on V7hat basis, v/here is the input from the Town? Mr. Kazda said the input from the Town occurs now, this is the process. County staff is presenting the options, this is not a very difficult project it has been talked about for over two years. Councilman Niklas thought it v;ould have been more efficient for the Town to discuss the options with the County at a formal public meeting like this a few days ago. Mr. Walker said the Town does have some very sketchy schematic cross sections of three configurations. There were no cost estimates, that was one of the major issues regarding the approaches. Ms. Cameron on Friday tried to give as much information as possible, but it was thought the County did not have all the information from their consultants yet. Mr. Kazda said County staff has been asked to come and have the Town and community groups participate at every level. At this level there is very little information. There are a few sketches done by the engineers, and a preliminary cost estimate giving an TB Minutes - 2/7/94 Page 17. idea the amount submitted for ISTEA funding is fairly accurate. That is all County staff has. County staff is trying to mold this project along with everyone. County stall is not going to have final details as a result of any decision made next Wednesday. The County will be getting basic direction on how the design is then going to be completed. There are two more hold points along the line of design for input. County staff is talking about major directional issues. It is very timely for County staff to come here, it would have been much more convenient for County staff if this meeting had been scheduled for next week. It happened that everything fell into place for this week. Mr. Kazda said that if this is inconvenient, he was sorry, and he would take it back. Councilman Niklas said the issue is not one of inconvenience, it is one of lines of communication and efficiency. Councilwoman Harrison asked what is the Town Board's roll in making recommendations, and decisions? What is our commitment on funding the project? How do we relate to the County Board in this regard? Councilman Conley asked if this is part of the County transportation system, is it the State system, who is responsible for the bridge? Mr. Walker explained the road is a town roadway, the bridge falls under the County's responsibility for structures. The County has accepted responsibility for all bridges over a specific span within the Town. Mr. Kazda said that has not been argued out yet, but for discussions purposes the County staff will agree. Mr. Walker said every other bridge of this span in the County ov/ned by a Town has been accepted by the County. There was past history approximately twenty years ago, when the bridge wasn't rebuilt to specifications that has made it "cloudy". The Town staff assumption, (Highway Superintendent, Town Engineer, Supervisor) has for the last two years been that the County has a responsibility. The process of bridge inspections and reports going to the County has been consistent v/ith that assumption. The driving surface including the approaches and the walkway is the Town's responsibility because it is a Town road. The Town funding f ^ requiring approval would be for the structure of the bridge that is the driving surface, the v^alkv/ays, and road reconstruction of the approaches. The Town's current budget is $30,000 for this work. Councilwoman Harrison asked what is the Town's ability to influence or have any jurisdiction over the decisions that are made regarding this issue? What she thought she understood from Mr. Kazda was. TB Minutes - 2/7/94 Page 18. "if the Town Board doesn't want to deal with this tonight, that's fine, but the County Public Works Committee will decide v/ithout you", is that right? Attorney Barney said there is an effort throughout the community to have cooperation with other governmental agencies. Can the County do the design and ignore any input from the Town? It has not been researched legally yet, but probably they could. V/ould it be wise for them to do it? The County comes to the Town to cooperate with many other projects and the County has asked the Town Board's input as to the decision. It is not know if the County will be guided by that input. Councilman Conley said the Town Board as elected officials would like to have interaction with Town residents. That is going to be very difficult if the Board is going to give direction to the County v/hen they have not heard from the Town residents. The only thing the Town Board can do this evening is listen to the County staff and learn the results of the public information meeting tomorrow evening. Councilman Niklas said the two issues are venue and the time frame. Is this the right venue for this, the opportunity for input from the Town Board is very limited in terms of time and precise information being available. Input from staff and elected officials should be presented in a venue where the community can receive this information before the Town Board discusses it. Neither the Town Board or the community has had that opportunity. Mr. Kazda apologized, saying that timing v/as the issue. Councilwoman Harrison asked v/hat would be lost if this issue were deferred to the County Public Works Committee for another month? Mr. Kazda said the City School buses will not be able to cross the bridge for September. The school district has to be able to use that bridge. Councilman Conley asked if there was a cut off date for another meeting after some of the other issues have been addressed? Councilman Niklas asked what is the next step for the County Public VJorks Committee after the presentation next week? / Mr. Kazda said County staff made a recommendation in 1992 to build a two lane historically sensitive structure. The County Public Works Committee passed a resolution saying the County would construct a new one lane bridge with an alternate for a historic restored truss. The County Public V/orks Committee acts on information County staff and the Town provides, as well as the community groups. They are influenced by all parties. TB Minutes - 2/7/94 Page 19. Mr. Kazda said County staff looks at flexibility in design, they are providing direction in order to modify the needs of the Town and the community. Major decisions regarding materials like concrete or steel have not been made yet. Councilman Conley recommended Town staff and Town Board members attend the County Public Works Committee meeting next Wednesday. Councilman Niklas asked if the community would have an opportunity to make comment then? Mr. Kazda said the community will have an opportunity to make comment on Thursday. Mr. VJinch, Chairman Public Works Committee will advise County staff us on how much and what kind of public presentation will be allowed during the Public Works Committee meeting. There is a format for how community input should be presented. Councilv7oman Grigorov asked if the sketches sent to Mr. Walker were also sent to the Forest Home Improvement Association? Mr. Kazda said the Forest Home Improvement Association received them today. Councilman Klein was concerned the whole process seems reversed and there is not enough time to receive the concerns of the Forest Home residents to formally respond to the County. The County will listen in a segregated way to the community and Town Board. The Town Board will not be meeting again before next Wednesday to provide the advice the County v/ants unless a special meeting is held. Mr. Kazda said the County staff is here to make a presentation so the Town Board is informed of v^hat v/ill be shov/n to the community. It v/as County staff's understanding from the Town Board resolution passed in 1992 the Tov/n Board wanted the County to work V7ith the community group. The Town Board is saying they want the County to work with Tov/n staff. County staff will work with those people. If the Town Board doesn't like the way County staff reports to them then the Town Board has an opportunity to inform the County Board to make sure the organization results in team work. The County staff is going to work with everyone. County staff has v/orked v/ith everyone in the past. County staff has been open and honest, if there has been some problems with communications in the past, that is the way communication usually is. \ Mr. Walker said if the Tov/n Board has concerns about the public involvement, he feels the public has received more information than the Town staff. TB Minutes - 2/7/94 Page 20. Supervisor Whitcomb said he did not feel the Town Board is in a position to make any recommendation to the staff tonight. The best that can be done is to hear the presentation. Thursday the public will be involved in the discussion, at that point the Tov/n Board can v;ork with the Town Engineer to make sure the town's comments get to the County Board on a timely basis. It has been duly noted that the Town Board does not appreciate being rushed into making these kinds of decisions. Representative Winch said it is important to go through the schedule so the Tov/n Board can see hov; tight it is. Representative Winch felt there has been an opportunity for input, if it hasn't been enough maybe staff hasn't been informed. It is premature in saying the County can hold up this project v/hen the Town Board only meets once a month. Construction time from June 1 to September 1, will be lost if decisions are not make. No one wants that bridge out while school is in session. The project could be easily moved to 1995 if the schedule is not adhered to. Councilwoman Harrison felt this happens very often v/ith transportation especially with the State DOT. Councilwoman Harrison did not know the County did not get the plans from the consultants until a few days ago. She said that was not the Town's problem, the County has worked on this for two years. The Town Board understands there is a time frame problem, but v/hy does the crunch always come to those who are trying to make a decision with public input. Liz Cameron, Project Manager presented the schematic design options to the Board. The contract for design process v;as awarded in November. The design process started in December for the bridge and the County recently received the schematic design options from the consultants. A schematic design looks at ways the bridge will be supported and whether the existing abutments can be used. Ms. Cameron explained the various options to the Board using a handout, (see attached). There are two ways to support the bridge with either steel girders or a concrete support system under the deck. The first page shows a five girder system to support the one lane bridge with two girders under the sidewalk as a separate support. Page 2, is also a steel girder design. The main objective of this design is the amount of steel and depth of the girders. Supervisor Whitcomb asked v;hat the width of the existing bridge is? Tb Minutes - 2/7/94 Page 21. Ms. Cameron said sixteen feet eight inches, this was designed to be exactly the same width as the existing deck. Councilwoman Harrison asked if the existing deck included the v/alkway? Ms. Cameron, the sixteen feet eight inches Is the driving surface. The consultants looked at using the three or five steel girder system to see if the depth of the girders could be decreased. That was not possible. The three girders would probably be the more equitable v/ay to construct. The main concern is the girder system under the roadway. The sidewalk is supported separately. Counci1woman Harrison asked if a three system girder is sufficient to support a roadv/ay, why v/ould you need a two girder system to support a walkway? Ms. Cameron said it was for stability, if you had one girder fail there would be a back up system. The current walkway is supported by the girders under the vehicular portion of the bridge. Councilwoman Harrison asked if that system v/ere in the designs, and why not if it isn't? Ms. Cameron said it v/ould put a lot of load on the bridge, it was what was done to open the sidewalk but it is not a design option. Mr. Kazda said County staff is looking at new construction and improving it. Some of the things that cause trouble with competitive load is out of claim bending. VJhen you cantilever something off of a beam you create stresses in the V7eb. That can be dealt with through design but is not one of the options presently. County staff can look at cantilevering the sidewalk off of the main steel. Supporting the sidewalk separately was looked at. The Town is participating in financing the sidewalk. Separating the structure of the roadv/ay from the structure of the sidewalk has some advantages. All of these designs are preliminary. Ms. Cameron said the roadway girders in all options are placed at the edges and the middle. It is difficult to carry a cantilever load. County staff did have to decrease the load rating on the bridge during the sidewalk repair last summer to make sure the speed limit of 15 mph was conducive to the load rating as high asf i i t i s. Councilman Klein asked if bearing the truss below the road surface causes additional maintenance problems on the truss? Tb Minutes - 2/7/94 Page 22. Ms. Cameron said that is a concern, one of the intents was to makef the inte nts wa s to the truss bel OV7 the d the truss is at theCouncilman Klein asked if the bottom of the truss is at the same level as the bottom of the beams? Ms. Cameron, the truss is lower. Councilman Niklas said his understanding is the County staff will make a recommendation to the Public Works Committee, at this point you have an indication of v/hich of the four option.s you prefer? All of these will be equally considered? Ms. Cameron said the only one that will not be used is the five girder steel bridge because of the cost. On Page 3, the concrete box beam system has an outside portion of concrete with the inside foam or hollow to be used in place of the steel girders to support the deck. The truss is even v/ith the concrete box beams. These designs are v/hat the design engineers presented, and what Mr. Walker and the Forest Home Community had a chance to look at before this meeting. The County asked the design engineers to evaluate an option with trusses on top of the deck which v/as one of the things which came out of the work group meeting in December v/ith Mr. Walker and the community representatives. It has advantages from a maintenance standpoint and allows visibility of more of the truss. There needs to be an alternative that is not connected to the truss, this one does allow flexibility. The abutment design (foundation) is being evaluated. The existing abutments were looked at to see if they could be used. It was found to be infeasible to do that because they are in very poor condition. The Consultants looked at leaving the existing abutments where they are and installing another abutment. This would be away from the v/ater. Councilman Niklas asked if any of these design options were capable of being reconfigured to a tv/o lane bridge? Ms. Cameron said she felt that depended on v/ho provided the answer, it is not the intent at all. That has not been decided at this point, it is not knov/n v/hat the abutments would support. The abutments would probably be twenty four feet v/ide on one of the options. Technically that could support a two lane bridge. It is / not known if that is economically feasible. > Councilman Niklas said that it looks as if Option 4 could be converted to a two lane bridge. TB Minutes - 2/7/94 Page 23. / N Mr. Kazda said they expensive than others is going to construct all could be, some of them would be more to change to a two lane bridge. The County a bridge that will be there for fifty years. Using the design sketches the options could easily be converted to a two lane bridge without a walkv/ay. That is not what is being talked about, the directions right now are to provide a one lane bridge with a walkway. Supervisor Whitcomb said from these drawings he has a difficult time telling which would be the least expensive way of meeting the traffic demand, and which one most closely resembles the exi.sting structure. Councilman Conley asked if the truss were only ornamental? Ms. Cameron said it was. Mr. Kazda said it only supports the guiderail on the sidev^alk, it doesn't carry the load. There is a mechanism through which the loads of the sidewalk are transferred through the truss to the beam. The truss through all of the designs is decorative. Councilman Conley asked if this was something that was decided to put on all the options by the Town Board? Ms. Cameron said, yes. Councilman Klein asked if the existing sidev/alk is lower than the road surface presently? Ms. Cameron said yes, it is due to the repairs around 1972. Supervisor V7hitcomb asked hov7 the sidewalk was originally? Ms. Cameron said the sidewalk and the roadway v^ere the same level originally, then they had to raise the driving surface when the repairs were made. Supervisor V7hitcomb asked v/hich design plan most closely resembles the original historic structure? Mr. Kazda said the County has been in contact with Historic Ithaca and they were present at the December 14, 1993 meeting of the Public Works Department. Historic Ithaca instructed the County on the historic significance and how to address that issue. The sub-structure is not important as to historic preservation. Historic Ithaca has given County staff direction on the location of the truss, or whether the sidev;alk is inside or outside the truss. TB Minutes - 2/7/94 Page 24. All options are being looked at and any one of the three closely resembles v/hat is there now. What v/as there at the turn of the century didn't look like what is there now. Originally the truss was on the top of the deck and even with the bottom of the girders. The bottom core of the truss was not seen, but you saw more of it than in the other options. Supervisor Whitcomb asked which design conforms most closely to the recommendation of Historic Ithaca? Mr. Kazda said Historic Ithaca has not seen them yet. Supervisor VJhitcomb, which design has the least cost? Ms. Cameron said the costs are all roughly the same. Mr. Kazda said the idea was to lower the profile of the steel which allows showing more of the truss. The Forest Home Improvement ' ' Association wanted to see more truss. County staff said they would add more girders in order to reduce the depth of the girders, but it didn't work because of the way the loads were distributed. Nothing v;as gained by using five girders basis three. Ms. Cameron said with a comparison of the box girder versus the steel the costs were essentially identical. Councilwoman Valentino asked v/hy cost wise, and use wise v/ould the walkway part be designed to carry the same load as vehicles? V7ouldn't it be cost effective if the v/alkv/ay were designed for walkway load instead of car load? Ms. Cameron said it is designed for walkv/ay load and not car load. Councilwoman Valentino said it could also support vehicles because it is the same steel Mr. Kazda explained Tov/n staff said they would like to plow the walkv/ay with the vehicles used to clean sidev/alks instead of by hand. County staff then increased the v/idth of the sidev^alk. Councilwoman Valentino asked v/hat vehicles would be used for that? ^^ Mr. Walker said a large garden tractor with a loader and snow plov7 blade. Councilwoman Valentino said with that kind of tractor you would not need the same load as a roadv/ay. TB Minutes - 2/7/94 Page 25. Mr. Walker said when this kind of a span is considered you may be able to use a smaller beam for load, but for stability a larger beam is needed. Councilwoman Harrison said there is some skepticism about the permanent commitment to a one lane bridge in the sense that the construction being proposed would in fact allow conversion to a two lane bridge. There was a surprising statement in the requests for design proposals that said, "a potential future expansion to tv/o lanes during the life of the bridge be considered". That seems to be a surprising statement this since the directions from the Tov/n Board and the County Board was that it be a one lane bridge. This is unfortunate because it sounded like an exemplary public participation process was underway. People feel as if they have not been dealt with honestly. Representative Winch, County Public Works Chairman said there is no question in his mind that it v;ill be a one lane bridge. The abutment was designed to carry a two lane bridge. The abutments ^ potentially last longer than the bridge. County staff's original recommendation included a two lane bridge. Mr. Winch said he does not support a one lane bridge, but after hearing the community input and bringing it before the Public Works Committee the vote v;as for a one lane bridge. Mr. V^inch said he supports fully in the future the feasibility to make it a two lane bridge. Sometime ago the Public Works Committee voted to put in a one lane bridge after public input. Mr. Winch was willing to support Staff's recommendation to put in a tv70 lane bridge. After discussion it was voted to put in a one lane bridge. The life expectancy of abutments far exceeds that of the wear surface and the actual bridge. It is the Public Works Committee recommendation to be prepared someday for a two lane bridge to go there but not in our lifetimes. Putting in an abutment for a one lane bridge is about 80% of the cost of putting in an abutment for a two lane bridge. It seemed to be the feasible thing to do, to be prepared for the future. In order to reverse that decision it v;ould have to be reversed at the Committee level and then go to the Town Board. Ms. Cameron added that v;hen the County staff reviewed the resolution from the Public Works Committee it v/as very clear it v/as a one lane deck, the foundation v;as not explicitly addressed and it was thought that was something to v/ork out in future discussions. /^\ At that time County staff thought they could use the existing abutments and v/ere not sure what could be done to support a two ^ lane bridge. Nov/ nev/ abutments have to be used to support the sixteen foot roadway and the four to six feet sidewalk. This will be tv;enty four feet, not as wide as for a two lane bridge. The abutments will be what is necessary to support the options seen here. TB Minutes - 2/7/91 Page 26. Councilman Klein said that he has not seen the criteria as developed by the work group in December. Hov/ do any of these design options address the design options of that group? Ms. Cameron said the main thing decided at that meeting was what to do with the truss in terms of being above or below the deck. The schematic design involves decisions of a technical nature, most of the community's concern are about aesthetics and historical preservation. Councilman Klein asked, how about the issue of the deck itself, the steel grating versus something solid? Ms. Cameron said the original bridge was a concrete deck. The community is in support of a concrete deck on the new bridge. Councilman Niklas asked how many of the dates on the schedule permit an opportunity for the Tov/n and the public to have a significant say in the decision making process? (See attached ' ^ schedule.) Ms. Cameron said she put the schedule together as soon as she had gotten the information from the design engineers. County staff set up the meetings thought to be needed with scheduling of the others based on the on the time frame. Ms. Cameron said it is not intended to go back to the public and have a public meeting, the public's concerns can be met through whatever the Town Board V70uld like the County to do and through the work group meetings during the whole process. Councilman Niklas asked who the v/ork group is? Ms. Cameron said the work group is the Town Engineer, Highway Superintendent, representatives of the Forest Home Improvement Association, the County Traffic Committee Chair, and Historic Ithaca. Councilman Niklas asked if this v/ere the v/ork group who anticipated seeing the drawings before County staff came to the Town Board? This committee v/ill meet February 8, March 15, and April 12 and it is assumed that the Tov/n and public representatives still have an opportunity to influence the designs and A implementations? ^ Ms. Cameron said County staff v;ill be getting direction on the schematic design and the options to be pursued. The point of the work group is to get input from the other members. TB Mdnutfis - 2/7/94 Page 27. The schedule v/.lll be discussed in the work group tomorrow in order to come up v/ith something everyone is happy with. Councilwoman Harrison said it may be beneficial to have the meeting of the work group before the next Town Board meeting, because the Town Board is feeling uncomfortable that the work group has not met before the Town Board. Ms. Cameron said it was a tight construction schedule and the engineers may not be able to get the drawings and information by March 7, they have committed to March 11. There is no way to resolve it when the Town Board meets once a month. Councilman Klein said the Town could hold a Special meeting, he hates to see it backv/ards again next month. Supervisor Whitcomb said the Town can see how the schedule develops and make the decision to hold a special meeting of the Tov/n Board or the Town Public Works Committee. Councilwoman Harrison said in the resolution the Town Board passed in 1992 it asked for "additional information be provided by the County concerning technical feasibility of reconstruction or replacement", and wished to know if the feasibility of reconstruction was ever brought back to this Town Board? Mrs. Noteboom stated it was discussed in subsequent meetings of the Town Board. Councilman Niklas asked at the County Public V/orks Committee meeting scheduled for February 16, if there will be an opportunity for the Tov/n Engineer or the public to speak before there is a resolution. Representative Vfinch said he permits organized public input for a very brief period of time. Mr. Winch said he does not like having people get up and say the same thing. If several people can organize their thoughts they are allowed privilege of the floor. There is a lot to do in a short amount of time at the meetings. Councilman Niklas made the suggestion there be a v/ork group meeting on February which would afford the Town Engineer and Highway Superintendent the opportunity to interact V7ith the Forest Home ( \ Association and the County staff. Members of this Board could attend the public information meeting on February 10, to get ^ further information. Councilman Niklas .strongly recommended the Town Supervisor instruct Mr. V/alker and Mr. Noteboom to let the County Public Works Committee knov; what the Tov;n Board's opinions are concerning these options. That will be an opportunity for the Town to communicate TB Minutes - 2/7/94 Page 28. directly and officially with the County. The Town is stuck with this schedule and should look for opportunities for the Town Board to make intelligent comments based on the information that will become available before February 16th, which the Tov/n Board does not clearly have now. Between February 10 and February 16 the Town Board should meet and draft a resolution for our representatives to present at the County Public V/orks Committee. Motion made by Councilman Niklas, seconded by Councilwoman Valentino that the Town Board hold a Special Tov/n Board meeting on February 11, at 5:00 p.m. in order to consider the schematic design for the Downstream Forest Home Bridge. Carried unanimously. Supervisor Whitcomb said he promised the Forest Home Improvement Association that a spokesman could address the Board at this time. Brent Stephens, President expressed his thanks to the Town Board and the County Board for considering Forest Home's concerns about the bridge. Mr. Stephens also thanked Liz Cameron and James Kazda ^ for including them in the discussions. The Forest Home Association will reserve any further comment until the meeting tomorrow. It appears there is a good spirit of cooperation. Agenda Item No. 23 - Benefit Assessment Refunds: Motion made by Councilman Klein, seconded by Councilman Niklas authorizing a refund of 2.53 units of water benefit charge in the amount of $202.40 be paid to Raymond Sheldrake, 806 Elmira Road. Carried unanimously. Motion made by Councilman Niklas, seconded by Councilman Klein authorizing a refund of one unit of sewer benefit charge in the amount of $78.00 be paid to Fred Pritt, 1632 Slaterville Road. Councilwoman Harrison asked that these refunds be explained. Mr. Walker said that the Tovm of Ithaca has a townwide water and sewer benefit district. The properties which are served v/ith sev/er and water are charged a benefit charge based on the number of units in service. That is a front footage charge for a standard of each 100 feet. The areas that are not served by water and sewer directly still have a benefit charge of "pennies per thousand". As in any administrative and taxing authority sometimes a minor error is made in determining the units. These refunds are rectifying the ^ errors. The refund for the Sheldrake's is because they are not charged as the land is in an agricultural district. .State lav7 regulates that. The Pritt's are due a refund because they were listed on the units, but his property is not located v/ithin the sewer district. TB Minutes - 2/7/94 Page 29. Motion carried unanimously. Councilwoman Harrison asked if there were a property which entered into a conservation restriction on their land that said they were voluntarily putting a deed restriction on the land and we will not develop this property. Do we have the power and ability to forgive them their sewer and water assessments? Supervisor Whitcomb said the Tov/n Board has the power, they do not have the ability. Mr. Walker said they do have the power and ability we do not have a written policy or procedure. Supervisor Whitcomb said that is on Mr. Walker's work agenda for 1994. Mr. Walker said it will be discussed at the next Public Works Committee meeting. The benefit assessment formula does allow that upon the written request of the property owner. That could be extended to conservation easement land, but it may be challenged in court. If the conservation easement has an opportunity of being dropped it may not preclude the use of that. Attorney Barney said it would have to be researched and developed very carefully. Attorney Barney said he would be worried about the enforcement. Supervisor Whitcomb said there V7ould be many issues which would have to be addressed. Councilwoman Harrison requested that if the Town Board gives exemptions from water and sewer because the land cannot be developed then make it conditional on some kind of conservation restriction. If a property owner says it cannot be developed, put that in v/riting on their deed. Mr. Walker said reviev;ing the benefit assessment formula is on his work priority regarding regulation and guidelines for instances such as this. Mrs. Noteboom explained the reason a refund has to be made is that Real Property Tax Lav; does not allov; to accept any amount other than on the printed bill. Even though we knew when the bills were I sent there v/as a mistake, v/e still had to collect the total amount and issue a refund. \ ■' \ TB Minutes - 2/7/94 Page 30. Agenda Item No. 24 - Benefit Assessment Refund. Taylor/Wilkinson; Motion made by Councilman Niklas, seconded by Councilwoman Valentino ratifying the refund payment of 10.9 units of water benefit charge in the amount of $872.00 to Martha Taylor and Gwen Wilkinson, 250 Troy Road. Carried unanimously. Agenda Item No. 25 - Calkins Road V/ater Petition; Supervisor Whitcomb said at the last meeting the Town Board reviewed a petition for water on Calkins Road and they asked Mr. Walker to respond to that petition at this meeting. Mr. Walker said all the houses are above the existing service area and they cannot be served with the pressure on the current Inlet Valley line. It would require installation of a pumping station and a storage tank to provide enough pressure. It would cost approximately $500,000 to do. Councilman Niklas asked if it were the Town's position that after receiving a petition and reviewing cost calculations that every petition be put into the Capital Improvement Priority List? Maybe it would be at the bottom of the list, but it would be registered. Mr. Walker said that we v/ould keep track of all requests and as capital planning is done it v;ould be reviev/ed. Mrs. Noteboom said she recalled that in a late meeting of 1993 the Board decided that they would go to the bottom of the list. Councilwoman Harrison asked hov; this fit into the Town's Comprehensive Plan which says we are not eager to provide v/ater and sewer? Councilman Niklas said a request has to be registered, if it is put on the bottom of the list Councilwoman Harrison interjected that she did not agree, it sounds as if you want to do it if it is on the list. Councilman Niklas said the priority list is the v/aiting list. Councilv/oman Harrison, it shouldn't he on the v;aiting list if the Town doesn't want to do it. Councilman Niklas, I have never taken a waiting list as a commitment to do something. Councilwoman Harrison said it says Capital Improvement Plan, that is what a plan is. It says if the Town had a gift of a great deal of money we would do it. TB Minutes - 2/7/94 Page 31. Councilman Niklas said the Town Board has a commitment to evaluate any requests for water, by putting it at the bottom of the list we are saying it is not given high priority. Supervisor Whitcomb recalled item three priorities would not receive water and sewer in the foreseeable future. Councilwoman Harri.son said she would like to see when a request come in to compare it v/ith the Comprehensive Plan and how it fits in, it seems when you look at this location and the land use map this is an area v/hich was said to be rural residential. Water and sewer should not be extended there. Councilman Niklas asked why does rural residential mean you do not get v/ater? Councilwoman Harrison, that is v/hat it says in the Comprehensive Plan. It is very important that this be considered. I agree the petition needs to be registered and to respond to people. To think about it and tell them why we don't think it is something we will be doing. Putting it on a priority plan is not a neutral statement. If someone appeared V7ith a bundle of money and you could do everything on your plan you would do it. V/e are saying in the Comprehensive Planning process there are parts of Town that should not receive water and sev;er for very good reasons. Supervisor Whitcomb said we cannot afford to put it there at this time. Councilwoman Harrison said that is not the only reason. Attorney Barney said the only thing that troubles him is that you sometimes have pockets where people have wells and the wells have problems. Health considerations must be addressed. Even though the Comprehensive Planning objective is to maintain that rural residential in response to a real need yon may v/ish to do it. Councilwoman Harrison said she also felt they should look at need relative to plan. I do not like the presumption that a petition means it ends up on our plan. CounciIman Niklas said that he i.s opposed to the Town denying water if the Town has the financial means to provide it, that is one of the functions of a municipality. Supervisor V7hitcomb said he will draft a letter to residents of Calkins Road explaining we have reviewed their petition and are not in the position to extend water to them at this time. Mr. VJalker will help to draft the letter. \ TB Minutes - 2/7/94 Page 32. Agenda Item No. 26 - Town^s Position Route 13 South Improvements! Councilwoman Harrison said this was discussed at the Public Works Committee meeting. They compared them to the Town Board's resolution, it was found that the current DOT proposals do not address the concerns of Town, particularly the intersection issues. It appears that what DOT is planning will make the conditions of those intersections worse. A concern about the piece meal sections is not a useful v/ay to plan. Advise from knowledgeable people suggested the best v;ay to have our concerns addressed is to get their attention by working v/ith our State legislators. Motion made by Councilv;oman Harrison approving the resolution she prepared (see attached). Seconded by Councilman Klein. Councilman Niklas felt the resolution vzas great, and asked if it v/ould be advisable that we say the Town Board finds the current DOT plans are deficient, and made that amendment to the resolution. The Town Board complimented Councilwoman Harrison on her resolution. Amendment approved, and motion carried unanimously. Agenda Item No. 28 - Maintenance of Obstructions in Tov;n Right of Wav; Mr. Noteboom explained the drafted policy explains what the Town would be responsible for and what the property owner would be responsible for, (see attached). There are also helpful hints as to how to accomplish a clear space so the plow trucks v/ill not hit things. If people follov/ that then if the trucks hit them when they are outside of the clear zone the Town will repair them. V/e prefer the sv/ing arm mailboxes. The Highv/ay Department does not try and hit mailboxes, etcetera. A lot of times they are not even hit, the quantity of snow pushes them over. Sometimes they are in very poor condition. It is always a tough call as each individual feels they have a case, it has to be handled delicately. Mr. Noteboom said he felt that the majority of the people who have damage do not call. Councilman Niklas suggested that the policy be revised because in r ^ the beginning obstructions are discussed but further down it only ^ talks about maill^oxes. We may v;ant to extend the Town's responsibility, or lack thereof to include plantings and fencing that are in the Town right-of-v/ay. Mr. Noteboom said that he and Mr. VJalker talked about having the road specifications, especially for nev7 subdivisions address this. There are a lot of existing structures which are a problem. TB Minutes - 2/7/94 Page 33. Attorney Barney suggested that a sentence be added saying any other obstructions in the Town right-of-way are at the landowner's risk and the Tov/n shall have no obligation to repair or replace any obstruction in the right-of-way damaged by the Tov^n. Motion made by Counci Iv/oman Valentino, seconded by Councilman Niklas on the recommendation of the Public V/orks Committee adopts the policy to continue safe maintenance of the Tov/ns roads and rights-of-way. Mr. Frost said that his office frequently gets requests in terms of how far back someone can set a fence and so forth. They are told out of the Town right-of-way. Sometimes that far back from the side of the property looks absurd, we tell them if it is put in the right-of-way you are responsible for it. Mr. Walker said that technically, any work done in the Towns right- of-way requires a permit from the Town Highway Superintendent to do ^ that work. Generally it has only been water and sewer laterals, or a driveway culvert. One thing that is being done is sketches to show the clear zone. We v;ill identify that area. Sixteen feet from the center of the road is fair game with the snow plow because that is v/hat we clear. Mr. V/alker said that v/ith a mailbox the post has to be out of the way. The Post Office requires the face of the mailbox be at the edge of the shoulder. The Town is saying we need a clear zone 44 inches above the edge of the shoulder so the plov; doesn't hit them. Councilman Klein recalled that it was discussed on some of the roads because the Tov/n ditches are so close to the pavement that they may not be able to meet the requirement of 16 feet. Mr. Noteboom asked hov; would each road be addressed then, without listing each road? Councilman Klein asked that this policy be outlined in the Pall newsletter. Motion carried unanimously. Supervisor VJhitcomb stated we have a request from Mr. Ward of Seven Mile Drive saying that the Town hit his mailbox while plowing asking for payment of the bill for another mailbox. \ Supervisor Whitcomb referred the payment of the bill to the discretion of the Highway Superintendent. TB Minutes - 2/1/3^ Page 34. Acfenda Item No. 29 - Specifications and Bid for Roadside Mower; Motion made by Councilman Niklas that on the recommendation of the Public Vforks Committee the specifications for the new tractor/mower be approved and authorizing the advertisement to receive bids for the new tractor/mower. Mr. Noteboom said the tractor/mower would be used for roadsides, and it will cost approyimately $40,000. Tt v/as budgeted for in 1994 . Attorney Barney asked if all manufacturers will qualify for the specifications. Mr. Noteboom said that all manufacturers v;ill qualify. Counc i1woman Harrison asked if the specifications come from a particular manufacturer? Mr. Noteboom responded that they come from a dealer, most dealers will provide specifications, but the specifications are generic. Attorney Barney said he wants to make sure other dealer can qualify so that we do not run the risk of having the bids tossed out. Mr. Noteboom said a group went through the specifications and took them for review to other salesmen. Attorney Barney said that satisfied his questions. Motion seconded by Councilman Conley, carried unanimously. Agenda Item No. 30 - Future Term of Office. Tov/n Supervisor; Councilman Niklas explained that Shirley Raffensperger in her farev/ell address to the Tov/n suggested that the tv;o year term of office was insufficient to get things done properly and recommended it be extended to four years. The term of office for Town Board Members is four years, and that is a reasonable length of time for Supervisor. Attorney Barney said there are tv/o v;ays of changing the term. Tov/n Law authorizes the change subject to a mandatory referendum. If that is used the referendum must occur at the biennial town election, and then there is a division of authority as to v/hether you have someone running for Supervisor at that election and if that Supervisor v/ould get the benefit of that extension of term if it xi/ere voted in favor of. The Attorney General ruled one way, and the State Comptroller ruled another v/ay. It is questionable. TB Minutes - 2/7/94 Page 35. Another way under Municipal Home Rule Law, Section 10, 1, 2a, 1 authorizes a Local Law to be adopted by a Tov/n modifying a term of office. This is also subject to a referendum v/hich would generally be held at the next general State wide or local election. It has to be at least sixty days after the Local Law is enacted. If someone wants to petition it to have a special ejection they can, and the special election v/ould have to be held within forty days of the petition. If the Town Board wishes, we can draft a Local Law and have it done before the general election this fall. Councilv^oman Harrison said that this year would be a good year, but there may be a lot of people who v/ill not v/ish to vote during a gubernatorial election. Councilman Niklas said that whoever is elected v/ill benefit, no matter what party. Councilwoman Harrison said she is concerned people will think that the elected officials should be elected every two years so that the public feels they are responsive to there wishes. Councilman Conley said that it is a fact that propositions in a State wide election are more apt to be defeated than any other election. Everyone always feels propositions on a State election year v/ill cost money and they are a gimmick. Councilman Conley felt that Public Officials especially the Mayor and Supervisor should face the public every two years, except in Ithaca it is different and changes very fast. I would have to rethink that issue. Attorney Barney said that if the consensus of Town Board is against it, there is no reason to draft the Local Law. The consensus of the Tov/n Board was they would be interested in seeing the term of office for Town Supervisor to four years. The Board asked this be put as an agenda item to set the public hearing to consider this at the March meeting. Agenda Item No. 1 - Additional; Conservation Board Appointment; Motion made by Councilman Niklas, seconded by Councilman Klein appointing John Meigs, 235 Culver Road as a member of the Conservation Board for a term of office from February 7, 1994 to December 31, 1995. All members voted aye with the exception of Councilman Conley v/ho voted nay. Motion carried. TB Minutes - 2/7/94 Page 36. Agenda Item No. 2 •- Additional; scliw Pre-Pavments 1994r Motion made by Councilman Niklas, seconded by Councilwoman Valentino authorizing the SCLTV7C Treasurer make payments between Town Board meetings as referenced on the attached resolution, as long as they arelisted jn the next monthly abstract. Carried unanimously. Agenda Item No. 31 - executive Session; Motion made by Councilwoman Valentino to move into Executive Session to discuss litigation and property acquisition. Seconded by Councilman Niklas. Carried unanimously. The Town Board moved into Executive Session at 8:22 p.m. Motion made by Councilman Niklas, seconded by Councilwoman Valentino to move back into regular session at 8:29 p.m. Carried unanimously. No action was taken as a result of the Executive Session. Adjournment: As there was no further business to come before the Town Board, Councjlwoman Valentino made a motion to adjourn. Seconded by Councilman Niklas. Carried unanimously. The meeting was adjourned by the Supervisor at 8:30 p.m. Respectfully submitted, Joan Lent Noteboom Town Clerk ***Special Town Board Meeting Dov/nstream Forest Home Bridge. February 11, 1994 - 5:00 p.m ***Special Town Board Meeting, February 24, 1994 - 7:00 p.m Public Hearing Local Law Aged Exemptions. ***Regular Tov/n Board Meeting, March 7, 1994 - 5:30 p.m. rv. / N Town Board Meeting 2/7/94 Agenda Items 8A - 8J Consent Agenda Items Resolution No. 33 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the Consent Agenda Item 8A - 8J resolutions as presented. MOVED: Councilman Klein SECONDED: Councilman Niklas DATED: February 7, 1994 Carried Unanimously Qyt-rtj •:V-Mr Joan Lent Noteboom, Town Clerk \ ^ N Town Board Meeting 2/7/94 Agenda Item No. 8a Town Board Minutes - 1/13/94 Resolution No. 33a WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held January 13, 1994 to the Town Board for their review and approval; and WHEREAS, the lown Board has reviewed and approved said minutes as written; now therefore be It RES01..VED, the Town Board does hereby approve and adopt said minutes as the official minutes of the Town Board for the regular meeting held January 13, 1994. MOVED: Councilman Klein Carried Unanimously SECONDED: Councilman Nlklas DATED: February 7, 1994 KJir Joan Lent Noteboom, Town Clerk '-N Town Board Meeting 2/7/94 Agenda Item No. 8b Town of Ithaca Warrants Resolution No. 33b WHEREAS, the abstracts with the following numbered listing of vouchers have been presented to the Town Board for approval of payment; and WHEREAS, said abstracts have been audited for payment by the Town Board; now therefore be It RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the abstracts. General Townwlde Vouchers:No.40 - 88 $74,904.03 General Outside Village Vouchers:No.16 - 42 28,006.62 Highway Vouchers:No.14 - 28 29,985.56 Water & Sewer Vouchers:No.17 - 38 15,175.60 Lighting District Vouchers:No.1-3 1,080.49 Capital Project Vouchers:No.3-6 790.24 MOVED; Councilman Klein SECONDED: Councilman Nlklas DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 8c Bolton Point Warrants Resolution No. 33c WHEREAS, the abstracts with the following numbered listing of vouchers for Bolton Point have been presented to the Town Board for approval of payment; and WHEREAS, said abstract has been audited for payment by the Town Board; now therefore be it RESOLVED, that the Town Board hereby authorizes the payment of said vouchers as numbered and listed on the abstract. Operating Fund Voucherst No. 67 - 141 $130,076.67 MOVED; Councilman Klein Carried Unanimously SECONDED: Councilman Niklas DATED: February 7, 1994 — Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 8d Records Management Disposition Listing Resolution No. 33d WHEREAS, the Town of Ithaca has completed the inventory phase of the Records Management Program as outlined by the State Archives and Records Administration (SARA); and WHEREAS, the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the Records Retention and Disposition Schedule MU-1; and WHEREAS, the Supervisor, Town Clerk, and Department Heads shall review and approve disposition of said records before disposition; now therefore be it RESOLVED, the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA. MOVED; Councilman Oein SECONDED: Councilman Niklas DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk )>Outdated Records Disposition ListingFebruary 1, 1994Records Disposed of February 8, 1994INVENTORYWORKSHEET NO.RECORDDESCRIPTIONLocation; Central Office - Building and ZoningDepartment AreaZoning Board of Appeals - Meeting Tapes139 Tapes to be Destroyed32 Tapes to be Erased and ReusedRECORD DISPOSITION TOTALDATE DATE QUANTITY1/28/87 5/87Through Through5/12/93 9/93CF0-BF14-18Zoning Board of Appeals - Copies of MeetingFolders7/76-7/91Immediately1 01 It.4 Qi it. disposition List 2/3/94 The following is a list of duplicate copies removed from the development 2/2/94 files located in the Central Office area. Copies disposed of LOCATION DRAWER Central Office CFO-4 4-A 4-B 4-C 4-D Central Office CFO-5 5-A 5-B 5-C 5-D Central Office CFO-6 6-A 6-B 6-C 6-D DESCRIPTION Development Case Files A - Briarwood Development Case Files Briarwood - Cayuga Lake Estates Development Case Files Cayuga Vista - Chase Pond Development Case Files CI - coy Development Case Files Danby - Eastwood Commons Development Case Files EcoVillage - Hungerford Heights Development Case Files I Development Case Files J Development Case Files K - L Development Case Files M - PI Development Case Files PO - Southwoods Development Case Files South Yard - z CU. FT 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1/2 1/2 1/2 1/2 TOTAL CUBIC FEET 4 Town Board Meeting 2/7/94 Agenda Item No. 8e Repealing Sunset Provision of Chapter 78, Laws of 1989 Establishment Local Government Records Management Improvement Fund Resolution No. 33e WHERHaS. the appropriate management of local government records hrough their creation, use, maintenance and disposition is essential to efficient and effective government; and records document the responsibilities and Stizensi Ind governments and protect the property and rights of WHEREAS, the Locai Government Records Management Improvement Fund oTNe'rYorfs^t" governmentsthrough grants for records management and through establishment of a program of regionally-based technical assistance Archives and Records Administration ofthe New York State Education Department; and hac Government Records Management Improvement Fund three grants totalling ' $10,728.00. frequent and readily accessible consultation by the Improvement Offlce'r "and°Vh®'' Administration Regional Advisory 1 Improvement Fund-sustained training available through Scfs^'attenlT?, and information management-relatedsubjects attended by lown of Ithaca employees; and the grants have supported successful projects to inventory records, dispose of obsolete records, plan and develop programs for the systematic management of inactive records and the administration and protection of archival records; and consultation, workshops and other services to theTown of Ithaca supported by the Fund have contributed significantly to the 'thosT availability and accessibility ofhose records to its officials and citizens, and to economical and responsive administration saving taxpayer's dollars: and responsive " much more to be accomplished here in the Town ofIthaca and in the other local governments of New York State where needs will continue in the future with the growth in the volume of records, LeTs change, and information technologies present new challenges; and Agenda Item 8e - 2/7/94 Resolution No. 33e Page 2. WHEREAS, grants and technical advice are essential in assisting all the local governments of New York State in developing records management programs adequate to the demands of governments and citizens, and demand for those grants and services remains critical; and WHEREAS, these needs are served and programs sustained without the use of state tax revenues through modest surcharges on fees for records filed and recorded by county clerks and the Register of the City of New York which sustain the Improvement Fund; and WHEI^EAS, the Local Government Records Management Improvement Fund was created with a sunset date of December 31, 1995; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca fully supports the perpetuation of the Local Government Records Management Improvement Fund through the elimination of its sunset provision and supports its continued administration by the New York State Archives and Records Administration of the New York State Education Department with oversight by the Local Government Records Advisory Council; and be it further RESOLVED, that the Town Clerk of the Town of Ithaca hereby is authorized and directed to forward copies of this resolution to its state legislators, the leadership of the state legislature, and to the Governor of New York State. MOVED; Councilman Klein SECONDED: Councilman Niklas DATED: February 7, 1994 Carried Unanimously Jr Joan Lent Noteboom, Town Clerk / > Town Board Meeting 2/7/94 Agenda Item No. 8f Ratification of SARA Grant Application Resolution No. 33f WHEREAS, the Town of Ithaca had the opportunity to apply for funding through the New York State Local Government Records Management Improvement Fund, (LGRMIF); and WHEREAS, the application is for funding of an Archival Records Program which will be a continuation of the Records Management Program begun in 1991; and WHEREAS, the deadline for consideration of applications for this SARA Grant was February 1, 1994; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca supports the application for LGRMIF funding for an Archival Records Program for the Town- and be it further * RESOLVED, that the Town Board of the Town of Ithaca does hereby ratify the submission of the application for such funding in the amount of $5620.00. MOVED: Councilman Klein SECONDED: Councilman Niklas DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 8g Brush and Leaf Pick. Up Resolution No. 33g WHEREAS, the Highway and Parks Departments provide yard refuse disposal services for Town of Ithaca residents; and WHEREAS, twice annually the Highway and Parks Departments will collect brush and leaves from the roadside; now therefore be it RESOLVED, that April 18. 1994 through April 29. 1994 will be the dates when the Highway Department will pick up brush and bagged leaves for residents in the Town of Ithaca. MOVED: Councilman Klein SECONDED: Councilman Niklas Carried Unanimously DATED: February 7. 1994 Joan Lent Noteboom. Town Clerk / A Town Board Meeting 2/7/94 Agenda Item No. 8h Rental of Equipment for Work at the Highway Department Resolution No. 33h WHEREAS, the Town of Ithaca Highway Department will be commencing road work in the spring and will need to rent equipment to compete this work; and WHEREAS, the Highway Department will need to rent a sweeper to clear roads and catch basins of debris; now therefore be it RESOLVED, that the Highway Department shall rent a sweeper at an amount of $2,575 per week for three weeks. The DB5110.451 account will be charged. MOVED: Councilman Klein Carried Unanimously SECONDED: Councilman Niklas DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk f \ Town Board Meeting 2/7/94 Agenda Item No. 81 Attendance at Cross Connection Control Course Resolution No. 33i Sincebaugh is an Engineering Technician on the TownEngineer s staff with water system maintenance responsibilities, and knowledge of testing and maintenance procedures for backflow prevention devices is beneficial to the performance of his position; and WHEREAS. The Plumbers and Pipefitters Local 112 Training Center is sponsoring a course for the certification of Backflow Prevention Device Testersin Binghamton, New York on March 7-10, 1994. The registration fee for tre course is $530.00 which includes course materials; and WHEREAS, this training is consistent with the training plan being developed^ for Wayne Sincebaugh. and funds for training have been included b" it Engineering Department Budget account A1440.410. now therefore RESOLVED, the Town Board hereby authorizes Wayne Sincebaugh to attend t^he course for the certification of Backflow Prevention Device Testers ^otal cost not to exceed^ .00 for registration and travel expense. Funds are to be taken from account A1449.410. Engineer - Contractual/Conferences/Schools. MOVED: Councilman Klein <jcnnMr»t:r^ ^ Carried UnanimouslySECONDED: Councilman Niklas DATED: February 7. 1994 waj diJ: -71, Joan Lent Noteboom. Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 8j Building Inspector/Zoning Enforcement Officer Conference Attendance Resolution No. 33j WHEREAS, Andrew Frost. Building Inspector/Zoning Enforcement Officer has requested that he attend a four-day conference entitled Finger Lakes Building Officials 1994 Educational Conference at the Marriott Thruway Hotel, Rochester, New York from April 18 to April 21, 1994 at a cost of $451.00; and WHEREAS, attendance at this seminar will be beneficial in the performance of Mr. Frost's duties as Building Inspector/Zoning Enforcement Officer; now therefore be it RESOLVED, that the lown of Ithaca Town Board hereby approves the attendance of Andrew Frost at said seminar at a cost of $451.00, to be paid from Account No. 08010.403, Building/Zoning Department. MOVED: Councilman Klein Carried Unanimously SECONDED: Councilman Niklas DATED: February 7, 1994 Joan Lent Noteboom^ Town Clerk > Town Board Meeting 2/7/94 Agenda Item No. 8k. 1994 Designation of Polling Places Resolution No. 33k. WHEREAS, in conformity with Town Law it is necessary that the Town of Ithaca designate the names and addresses of Polling Places for voting within the Town of Ithaca; and WHEREAS, the Town of Ithaca Town Board wishes to be in compliance with the Election Law; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby designate the following list by Districts of Polling Places, as the official Designated Polling Places for the year 1994; and be it further RESOLVED, said Designated Polling Places are all in compliance with the Election Law and are accessible to the handicapped. District #1 West Hill Fire Station, 1242 Trumansburg Road District #2 Machinist Local 1607, 638 Elmira Road District #3 South Hill Fire Station, 965 Danby Road District #4 Ellis Hollow Elderly Housing, 108 Ellis Hollow Rd. ^ District #5 Hasbrouck Apts. Community Center, Warren Road District #6 Northeast School, Winthrop Drive District #7 Cayuga Heights School, Corner E. Upland & Hanshaw Rd. District #8 Boynton Middle School, 1601 N. Cayuga St. District #9 B.O.C.E.S., 555 Warren Road District #10 National Cash Register, 950 Danby Road District #11 Ellis Hollow Elderly Housing, 108 Ellis Hollow Rd. MOVED: Councilman Klein SECONDED: Councilman Niklas DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Carried Unanimously \ Town Board Meeting 2/7/94 Agenda Item No. 9 Appointment Finance Committee Resolution No. 34 BE IT RESOLVED, the Town Board of the Town of Ithaca hereby approves the Town Supervisor's appointments of Councilwoman Valentino, and Councilman Conley to the Town of Ithaca Finance Committee for the year 1994. MOVED: Councilman Niklas SECONDED: Councilman Klein DATED: February 7, 1994 > JL4' 'TlyXJjc Joan Lent Noteboom, Town Clerk Carried Unanimously \ Town Board Meeting 2/7/94 Agenda Item No. 11 Arrangements for Town Legal Counsel Resolution No. 35 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby agrees to confirm the arrangements discussed for the appointment of the Attorney for the Town, for the year 1994 as per the attached letter of understanding as presented by John C. Barney, Esquire of the firm Barney, Grossman, Roth & Dubow. MOVED: Supervisor Whitcomb SECONDED: Councilman Niklas DATED: February 7, 1994 Lent Noteboom, Town Clerk Carried Unanimously f \ \ jhn C. Barney Peter G. Grossman Nelson E. Roth David A. dubow Randall b. Marcus ; c 'J BARNEY, GROSSMAN. ROTH 8c DUBOW ATTORNEYS AT LAW 31 S NORTH TIOGA STREET P.O. BOX 6556 ITHACA. NEW YORK 14851-6556 Hugh c. Kent Mary k. Fleck (607) 273-6841 January 10, 1994 Honorable John Whitcomb Supervisor Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Re: Arrangements for Town Legal Counsel ^ ^ ' I fi?■/j l i •JAN I 1 1994 .1 • » -v- -V r: —i{ I O'lfUrJ Ch'-J I'.'t ~ iU/ 5 i H/I Facsimile (607) 272-8806 (NOT FOR SERVICE OF PAPERS) Dear John: This letter is to confirm the arrangements discussed for the appointment of the undersigned, and by implication, my firm, as Attorney for the Town. Our understanding is as follows: 1. I agree to serve as Attorney for the Town for the year 1994 and such additional periods as the Town Board may wish, subject to termination at any time as set forth below. 2. Services would be on an "as needed" basis and as requested or directed by the Town from time to time. Until otherwise directed, the services would include attendance at meetings of the Town Board, Town Planning Board, Town Zoning Board of Appeals, Town Codes and Ordinances Committee and Town Staff; advising Town governing bodies and individuals including the Town Supervisor, Planning Board Chair, Zoning Board Chair, and Codes and Ordinances Chair on legal matters; advising Town staff on legal matters; review of legal documents; preparation of requested local laws, agreements, resolutions, and other legal materials; representing the Town in litigated matters (when feasible, authorization for such representation will usually be sought from the Town Board before appearing for the Town, although occasionally emergency representation may occur after consultation with the Town Supervisor); assisting Town bodies and staff in connection with legal matters relating to development proposals, environmental matters, etc.; responding when appropriate to legal issues or questions posed by Town residents in relation to matters pending before a Town agency; and providing such other duties as general counsel to the Town as may be requested or directed. 3. Where appropriate, matters might be delegated to other lawyers in my office when the expertise, economies, or time constraints make such delegation desirable from the Town's perspective. 4. Generally, the fees for the services would be calculated on an hourly basis. ^ N Occasionally, when we determine that perhaps more time was spent on a matter than might seem > appropriate for the result obtained, the fee may be reduced. On rare occasions, and after consultation with the Town, when the time spent is not truly reflective of the value of the benefits obtained by the Town, we might request an upward adjustment for that particular matter. 5. For 1994, the hourly rate will be $120 for partners and $100 for associates. This represents approximately 15% off of our normal hourly rates (for existing non-municipal clients our basic rates are $145 per hour for partners and $115 per hour for associates-new non- municipal clients may be charged higher rates). If the Town chose to continue us for ensuing years, it would be our intention to bill at a similar 15% discount from normal hourly rates as then in effect. 6. The arrangements outlined in this letter may be ended at any time by either party for any reason, or for no reason at all. One of the essential elements of a successful client-attorney relationship is mutual comfort with each other. If that does not exist, the Town should not have to wait until the end of a year to seek other counsel. Obviously, if a change were being contemplated by either of us, we would hope that whoever is deciding to end the relationship would provide as much lead time as possible to the other so appropriate adjustments and transitions might occur, but lengthy advance notice is not a required precondition to severing the relationship. In the event of such severance, we would cooperate fully in transferring files and information to the counsel chosen by the Town and would, of course, expect to receive the ^ agreed compensation up through the completion of the transition. If the arrangements stated above are consistent with the Town's understanding, perhaps it would be wise to execute duplicate copies of this letter for our respective files. A space for such action is provided below. If the arrangements do not represent your understanding, please let me know what is incorrect, and I will try and re-draft this letter so that it meets with your approval. We appreciate very much the opportunity to work with you and to serve the interests of the Town. Very truly yours, I C The foregoing arrangements are acceptable. Dated: / John Whitcomb, Town Supervisor Town Board Meeting 2/7/94 Agenda Item No. 12 Quarterly Investment Report. 10/1/93 - 12/31/93 Resolution No. 36 WHEREAS, the Assistant Budget Officer has presented the Quarterly Investment Report for the months 10/1/93 through 12/31/93 to the Town Board for their review; now therefore be It RESOLVED, that the Town Board of the Town of Ithaca hereby approves and adopts the Quarterly Investment Report as the official Quarterly Investment Report for 10/1/93 through 12/31/93. MOVED: Councilman Nlklas Carried Unanimously SECONDED: Councllwoman Valentino DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk TOWN OF ITHACA INVESTMENT REPORT FOR THE QUARTER 10/01/93 - 12/31/93 REPURCHASE AGREEMENTS DATE ACQUIRED 09/13/93 11/12/93 AMOUNT 1,000,000.00 800 , 000 . 00 RATE OF INTEREST 2 . 85% 2.90% MATURITY DATE 11/12/93 01/11/9^ INTEREST n EARNED ^,684.93 SAVINGS MONTH Oc tobe r November Decembe r END OF MONTH BALANCE 1 , 570,9 20 . ^9 2,009,019. 9/J 1,888,759.68 RATE OF INTEREST 2.75% 2.75% 2.75% INTEREST EARNED 3,876.92 ^ ^ 'I 9 . 'I 7 0 7 . 3 9 INTEREST CHECKING MONTH October Novembe r Decembe r END OF MONTH BALANCE 157,345.63 68 , 433.00 502,588.12 RATE OF INTEREST 2 . 25% 2.25% 2.25% INTEREST EARNED 4 7 7 . 0 0 2 2 9 . 73 568.22 Town Board Meeting 2/7/94 Agenda Item No. 13 1993 Annual Investment Report Resolution No. 37 WHEREAS, the Assistant Budget Officer has presented the, 1993 Annual Investment Report to the Town Board for their review; and WHEREAS, the Town Board has discussed and reviewed the said report; now therefore be It RESOLVED, that the Town Board of the Town of Ithaca does hereby approve and adopt the 1993 Annual Investment Report as presented as the official 1993 Annual Investment Report to be filed for the Town of Ithaca. MOVED: Councilman Nlklas Carried Unanimously SECONDED: Councllwoman Valentino DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Aae^Jlti ^ 13 ANNUAL INVESTMENT REPORT TOWN OF ITHACA for the fiscal year ending 12/31/93 This annual investment report for the fiscal year ending 12/31/93 is being submitted to the Town of Ithaca Town Board as specified in the Town Investment Policy adopted 05/11/87, and revised 05/07/90. Proposed changes to the investment policy: None. Investment income for 1993 from: Repurchase Agreement 46,267.12 Savings 71,130.47 Interest Checking 4,831.23 Grand Total 1993 Interest 122,228.82 A listing of investments and collateral at year-end are included in the independent auditor's report to be distributed to the Board ^ under separate cover. Prepared by: Sally E. Alario Assistant Budget Officer 02/07/94 Town Board Meeting 2/7/94 Agenda Item No. 14 1993 Year-end Budget Amendments Resolution No. 38 WHEREAS, there were certain line items that are now over extended in the 1993 Budget; now therefore be it RESOLVED, the Town Board of the Town of Ithaca hereby approves and adopts the attached budget amendments. MOVED: Councilman Niklas SECONDED: Councilman Klein DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Carried Unanimously 1993 BUDGET AMENDMENTS - GENERAL TOWNWIDE I-UNOINCREASEA1320.^00 INDEPENDENT AUDITORS 1,290.78A13^0.100 BUDGET P.S 99.81A1410.100 TOWN CLERK P.S. 272.10Al«^30.100 PERSONNEL P.S. 30.56A1620.100 BUILDINGS P.S. 50.15A1620.^10 BLDGS ELECTRIC 30.00A5010.100 HWY GARAGE P.S. 318.10AbOlO.400 HWY. GARAGE P.S. 508.78A9060.800 MEDICAL INS 8,556.98TOTAL 11,157.26A 7 3 2 0 .'t 0 ^DECREASECOMMUNITY SERV11,157.26c 1993 BUDGET AMENDMENTS - GENERAL PARTTOWN FUNDBSOlO.fl50B9030 . 800TOTALINCREASEZONING C.E.SOCIAL SECURITY288.72292.36681.08DECREASE690^0.800 . WORKER'S COMP681.08CCc7w. 1993 BUDGei AMENDMENTS - HIGHWAY FUNDDB5110.100DB5130.100DB5130 . ^60DB5142.1000851^2.^52DB9060.800TOTALINCREASEGEN REPAIRS P.S.MACHINERY P.S.MACHINERY C.E.SNOW REMOVAL P.SSNOW REMOVAL C.EHEALTH INS9 ,558 . 69776.6918,146.027 , 391-93800.004,578.0841 ,251 . 41DB5110.451DB5140 . 100DB9040.800OB9010.8000B5120 . 200TOTALDECREASEGEN R E P A IRS C.EBRUSH/WEEDS P.SWORKER'S COMPST. RETIREMENTMACHINERY EQUIP9,558.697 ,500.0013,000.002 ,000 . 009,192.7241,251.41ccc 1993 BUDGET AMENDMENTSUATER AND SEWER FUNDSF9710 . 610F9/lO.710r 0 T A LINCREASEBP DEBT PRINBP DEBT INT255,174.3075 , 901 .42331,075.72F8340 . 480F8350 .4 72TOTALDECREASECAPITAL IMPCOMMON WTR SUPPLY51,075.72280,000.00331,075.72G9030.800SOCIAL SECURITY75 . 00G9010.800ST RETIREMENT75.00CCc i1993 BUDGET AMENDMENTS - LIGHTING DISTRICTS FUNDINCREASE INCREASEproperty TAX 2,620.01 SL5182.^ WEST HAVEN RD 2, 620 .01#■A- / N Town Board Meeting 2/7/94 Agenda Item No. 15 Raise Limit on Fixed Assets Resolution No. 39 WHEREAS, currently there is a $100.00 minimum value for a piece of equipment to be included in the fixed assets inventory; and WHEREAS, this minimum value has been in effect for over ten years and has become outdated; and WHEREAS, NYS Department of Budget and Finance recommends a minimum value of $500.00 before recording equipment as a fixed asset; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and approve a $500.00 minimum value for the recording of fixed assets. MOVED; Councilman Conley SECONDED: Councilman Niklas ^ \ DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk / N /*\ Town Board Meeting 2/7/94 Agenda Item No. 16 Increase Minimum Amount Requiring Supervisor's Approval Resolution No. 40 WHEREAS, currently the Town Supervisor signs all purchase requisitions for $1,000.00 and over; and WHEREAS, due to the increased purchasing and inflation factors this amount is no longer significant; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and authorize the amendment to the Purchase Order Policy to increase to $3,000.00 the amount requiring the Supervisor's signature. MOVED; Councilman Niklas SECONDED: Councilman Conley DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Carried Unanimously / N / \ Town Board Meeting 2/7/94 Agenda Item No. 17 Tax Refund to Orlando lacovelll Resolution No. 41 WHEREAS, Orlando lacovelll donated land on Coddlngton Road to the Town of Ithaca for parks; and WHEREAS, at the April 20, 1993 meeting of the Town Board It was agreed to reimburse Mr. lacovelll for a portion of his taxes on the parcels donated; now therefore be It RESOLVED, that the Town Board of the Town of Ithaca does hereby ratify the payment to Orlando lacovelll of one half of his 1994 town and county, taxes...$180.15; and one half of his 1993-4 school taxes...$295.08 for parcels 53-1-23.8, 53-1-23.9, 53-1-23.10, 53-1-23.11, 53-1-23.12, 53-1-23.15, 53-1-23.16. MOVED; Councilman Nlklas SECONDED: Councllwoman Valentino DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk / \ Town Board Meeting 2/7/94 Agenda Item No. 18 Association of Towns 1.994 Resolutions Resolution No. 42 BE IT RESOLVED, that the Town Board of the Town of Ithaca provisionally approves the Association of Towns 1994 Resolutions, but hereby instructs the Town's Delegate, Carolyn Grigorov and Alternate Delegate, Catherine Valentino to exercise discretion in voting based upon any information that may be provided during the floor discussions of the resolutions at the Association of Towns Annual meeting February 20 - 23, 1994. MOVED: Councilman Niklas SECONDED: Councilman Conley Carried Unanimously DATED: February 7, 1994 Q^<Ljr ■TlJrL.^ Joan Lent Noteboom, Town Clerk ^ \ ASSOCIAT ION OF TOWNS STATE STREET, ALBANY, NEW YORK 12207 • (518) 465-7933 1994 Resolutions As Reported By the Resolutions Committee of the Association of Towns RFTIREMENT SYSTFM - Now that PUC (Projected Unit Credit) has been rejected in the Courts, the Association of Towns calls upon the Governor and Legislature to return the New York State and Local Employees' Retirement System to its members in a fashion which permits a smooth transformation back to the stable, predictable aggregate valuation method. Local governments must be credited for the local aid reductions which were imposed when PUC was first implemented. Since town budgets have already been adopted for 1994 and the corresponding tax levy fixed, any transition should begin with town fiscal year 1995. WICKS REFORM - In this era of shrinking revenues and attendant cost cutting, local governments must be permitted to operate more efficiently. The Legislature and Governor must act to reform the 60-year old burden of the WICKS Law. With the continued growth in town populations necessitating additional capital building and infrastructure projects, the WICKS mandate wastes millions annually. The five-year commitment not to seek repeal of WICKS which was agreed to during negotiations on the New York City School Construction Authority legislation was honored and has now expired. It is now time to ACT. HEALTH CARE COSTS - Unfunded mandates always mean increased taxes at the local level. Any comprehensive Federal health care reform proposal must include a cap on maximum public employer contributions, at least to the same extent as has been proposed for private sector employers in the administration's initial health plan submission to Congress. IMPACT FEES - The Association of Towns again calls upon the Legislature and Governor to approve enabling legislation which would give local governments the option to impose and collect an impact fee on new development which adversely impacts the capital infrastructure and service provision capacity of local government. election worker vSOCIAl SFCl JRITY WAGES - The Association urges the Congress and President to repeal provisions of the Omnibus Budget and Reconciliation Act of 1990 that required, for the first time, that social security payments be deducted from all wages of $100.00 or more for election workers. New York State's towns employ thousands of poll clerks and election inspectors on each election day and their compensation is generally $100 to $125 dollars for the day. This deductibility requirement results in added contribution requirements and excessive administrative costs. It also discourages many retirees from serving during elections because of fear of losing pension or other benefits - at a time when the pool of willing election workers is shrinking. GOVERNMENT I.EASFHOI DS - The Association of Town.'^ rnntini ipc to ci ininrvrf that required for the first time that cnr-iai ^ 9®' Reconciliation Act of 1990 poll clerks and election inspectors on each ®^'yP'®^'^°"sands of generallyS100toSl25dollarsforthoHai/ tk- ^nd their compensation iscontribution requirements and pyrpcch a d®ductibility requirement results in addedretirees from se^TrS^ " ^1®° discourages manyat a time when the pool of willing election worters1s°stIhnking^®""°" ' owned property to real praTrtv State-purposes. This would pS Serd';evenTes 1^^^^ " wherein certain holders of lease Interpctc pnir,v/ = correcting the inequitylandlords are tax exempfgovernme^ ' ' ' because their Ligillaturrto^'SLre'^tS sTSbnIn fi m^nr" . o' Towns urges the funding cut from the State Budaet in thp 'T building code enforcement prevention and building code enforcement wp</a ^ years. Eliminating funding for fire HFAl TH IN.SIJRANOE POOLING - The Association urges the adoption of legislation to clarify and ratify the authority of municipalities to form cooperative health insurance pools free from the burden of unnecessary regulations and reporting requirements which could adversely affect the viability and efficiency of existing pooled initiatives as well as others that may follow. W0RKFR5) OOMPFNiSATION - The State of New York is facing a crisis in workers' compensation. The need for legislative reform is clear and immediate. The double digit premium increases coming year after year have taken their toll on the budgets of all local governrnent employers. The Association supports initiatives which would, among others: 1) permit the use of managed care within the workers' compensation system; 2) repeal the Dole v. Dow standard which permits 3rd party lawsuits against employers in New York State; 3) coordinate compensation coverage together with unemployment, disability and other insurance benefits in a rational way which provides fair and adequate compensation for employees while avoiding the creation of artificial incentives for able workers not to return to the work force; and 4) eliminate the discriminatory 13% surcharge workers' compensation insurance carriers (other than Blue Cross/Blue Shield) are charged for in- hospital care. SAFE DRINKING WATFR REGULATIONS - Current Federal Safe Drinking Water Act (SDWA) requirements have placed an unacceptable level of regulation on local water systems, 90% of which serve relatively small numbers of people. While the Association has no quarrel with the goal of guaranteeing that everyone in America has access to water which is safe to drink, the methods and timetables currently imposed are unduly burdensome and, quite often, impossible to meet. We support proposed SDWA reforms which would: 1) establish Federal funding for State revolving loan programs; 2) provide a variance procedure to allow small systems to utilize less expensive technologies than currently required; and 3) add more flexible time frames to allow significantly longer periods before compliance is required. INTFRMl JNIOIPAI. COOPFRATION - The Association urges the Legislature and Governor to approve legislation which would facilitate intermunicipal cooperation by providing a program of meaningful financial incentives designed to encourage intermunicipal cooperation while preserving the current flexibility enjoyed by local government to cooperate pursuant to terms they find mutually agreeable. LOOAl .GOVFRNMFNT RFOORDS MANAGFf\^ENT FUNDING - The Association of Towns fully supports the perpetuation of the Local Government Records Management Improvement Fund through the elimination of its sunset provision, and supports both its continued administration by New York State Archives and Records Administration (SARA) of the New York State Education Department and the oversight of that Fund by the Local Government Records Advisory Council. / Town Board Meeting 2/7/94 Agenda Item No. 19 Special Town Board Meeting/Public Hearing Date Local Law Tax Exemption - Aged Resolution No. 43 WHEREAS, the deadline for legislative action by the Town of Ithaca Town Board regarding increases in the partial tax exemption for real property- owned by persons with limited incomes who are 65 years of age or older is February 28. 1994; and WHEREAS, the Town Board of the Town of Ithaca wishes to consider legislative action on this said issue; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca shall hold a Special Meeting of the Town Board on Thursday, February 24, 1994 at 7:00 p.m. in order to hold a Public Hearing at the aforesaid time to consider a local law amending Local Law No. 3, 1991, a "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OLDER". MOVED: Councilwoman Harrison Carried Unanimously SECONDED: Councilman Conley DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 20 Weather Related Time Off Resolution No. 44 WHEREAS, there has been confusion regarding the proper use of leave time during bad weather and Town Office closings; and WHEREAS, in fairness to those employees required to work during storms and in keeping with local trends of similar employees working for other public agencies, it is suggested that comp-time off be granted to storm crews; and WHEREAS, the Personnel Committee has reviewed and recommends the attached leave and comp-time procedures; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the attached Weather Related Time Off Procedures Section for inclusion in the Personnel Manual. MOVED: Councilman Niklas SECONDED: Councilwoman Grigorov ' DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Carried Unanimously r AGENDA ITEM# 20 WEATHER RELATED TIME-OFF PROCEDURES TOWN OFFICES OFFICIALLY CLOSED Occasionally during inclement weather, the Town Supervisor will close all Town offices. Staff not required to work will be dismissed from their duties and paid in full. Leave time will not be used. Employees already on leave will be credited for the amount of hours the offices are closed, excluding the half-hour lunch time, if applicable. Hourly-rate staff required to stay at work after the Town offices are officially closed will receive, over and above regular pay, comp-time equal to the number of hours the office is closed, less the half-hour lunch time, if applicable. This time off will be chosen at the discretion of the appropriate department head within one month of the date the offices closed. DISCRETIONARY TIME-OFF During inclement weather when Town offices remain open, staff not required to work may use their own discretion as whether to leave work early or not. No payment will be made for this time off unless banked personal or vacation leave time is used. Flex-time may be used with the approval of the appropriate department head. Note: flex-time requires the employee to work additional hours within two weeks, preferably within the two week payperiod, to compensate for loss time when banked leave is not used. This is a give and take arrangement approved and scheduled in advance with the appropriate department head. ' s Town Board Meeting 2/7/94 Agenda Item No 21 Procedure for Closing Town Offices Resolution No. 45 WHEREAS, there has been some confusion among officials and staff regarding the proper procedure to follow when officially closing Town offices; and WHEREAS, the Personnel Committee has reviewed these procedures and recommends they be approved; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve giving the Town Supervisor the final discretionary decision for closing Town offices during inclement weather or other unusual incident. (1) This decision will be made based on information provided by the Highway Superintendent, Sheriff's Department, Tompkins County, and/or other sources of the Supervisor's choice. (2) The Town Clerk will immediately notify Department Heads and broadcast the closing on three local radio stations. (3) Other employees will be notified either by the appropriate Department Head or the Town Clerk's staff, whichever proves practical at the time. MOVED: Councilman Niklas SECONDED: Councilwoman Valentino Carried Unanimously DATED: February 7, 1994 i.4-X / (-rt^JUnr^yrs^ Joan'Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 22 Southern Cayuga Lake Intermunicipal Water Com mission Hill Paying (Jrace Period Resolution No. 46 WHEREAS, the present Rules and Regulations of the Southern Cayuga Lake Intermunicipal Water Commission allow a period of only 20 days within which to pay a water bill before incurring a 10% penalty; and WHEREAS, from time to time the 20 day period creates economic and practical hardships for residents of the Town; and WHEREAS, the Town believes extending the time within which the bill could be paid would alleviate some of the iiardships without adversely impacting collections within the Town; now therefore be it RESOLVED, that the Town of Ithaca requests the Southern Cayuga Lake Intermunicipal Water Commission and the member municipalities of the Commission to amend the Rules and Regulations of the Commission to extend the period during which a water bill may be paid without penalty from 20 to 30 days; and it is further RESOLVED, that a copy of this resolution be transmitted by the Town Supervisor of Town Clerk to the Commission and the other member municipalities of the Commission; and RESOLVED, that the Town Supervisor, Town Clerk, and all other Town officers and staff be authorized to take such actions deemed by the Town Supervisor necessary or appropriate to effectuate the foregoing resolutions. MOVED: Councilwoman Valentino SECONDED; Councilman Conley DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 23 Benefit Assessment Refund - Sheldrake Resolution No. 47 WHEREAS, Raymond Sheldrake, 806 Elmira Road, was charged 2.53 units of water benefit on the 1994 tax bill for Town of Ithaca Tax Parcel 31.-2-9.2; and WHEREAS, the Tax Parcel is currently in agricultural use and is currently receiving an agricultural exemption, which exempts the property from water benefit assessment; and WHEREAS, the Town Engineer has confirmed that an adjustment in benefit assessment for water in the amount of 2.53 units is correct for this parcel; and WHEREAS, taxes for this tax parcel have been paid in full; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize a refund of 2.53 units of water benefit charge in the amount of $202.40 be paid to Raymond Sheldrake, 806 Elmira Road. MOVED: Councilman Klein SECONDED: Councilman Niklas DATED: February 7, 1994 Carried Unanimously JLk ■Tl.Mcr.lUAs^ Jbccnn^ Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 23 Benefit Assessment Refund - Pritt Resolution No. 48 WHEREAS, Fred Pritt, 1632 Slaterville Road, was charged (1) unit of sewer benefit on the 1994 tax bill for Town of Ithaca Tax Parcel 56.-3-15; and WHEREAS, the tax parcel is not currently served by public sewer; and WHEREAS, the Town Engineer has confirmed that an adjustment in benefit assessment for sewer in the amount of (1) unit is correct for this parcel; and WHEREAS, taxes for this tax parcel have been paid in full; now therefore l)e it RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize a refund of (1) unit of sewer benefit charge in the amount of $78.00, be paid to Fred Pritt, 1632 Slaterville Road. MOVED: Councilman Niklas ^ SECONDED: Councilman Klein DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 24 Benefit Assessment Refund - Taylor / Wilkinson Resolution No. 49 WHEREAS, Martha F. Taylor and Gwen P. Wilkinson, 250 Troy Road, were charged (10.9) units of water benefit on the 1994 tax bill for Town of Ithaca tax parcel 45.-2-14.1; and WHEREAS, water service is not directly available to this tax parcel due to a subdivision in 1993 that subdivided this parcel from a parcel served with water on Ridgecrest Road; and WHEREAS, the Town Engineer has confirmed that an adjustment in benefit assessment for water in the amount of (10.9) units; and WHEREAS, taxes for this tax parcel have been paid in full; now therefore be it RESOLVED, that the lown Board of the Town of Ithaca does hereby ratify the refund payment of (10.9) units of water benefit charge in the amount of $872.00, paid to Martha F. Taylor and Gwen P. Wilkinson on February 4, 1994. MOVED; Councilman Niklas Carried Unanimously SECONDED: Councilwoman Valentino DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk \ Town Board Meeting 2/7/94 Agenda Item No. 26 Route 13 South, Improvements Resolution No. 50 WHEREAS, the NYS Department of Transportation (hereinafter DOT) has found that the existing bridges over Conrail/Cayuga Inlet and Buttermilk Creek on Route 13 are structurally deficient; and WHEREAS, DOT solicited public input in December of 1990 on the proposed bridge replacement alternatives; and WHEREAS, the Town of Ithaca Board passed a resolution on December 10, 1990 which forwarded concerns to the DOT; and WHEREAS, the DOT developed a design report and environmental assessment and held a public hearing and solicited public comment on that report in November 1993; and WHEREAS, the Town of Ithaca Board passed a resolution reaffirming their concerns and authorized the Town Engineer to write to DOT regarding those concerns; and WHEREAS, the Town of Ithaca Board finds that the DOT plans as presented in the Design Report set forth the goal of servicing traffic passing ^ through the urban areas and those plans consider the servicing of abutting lands as subordinate to that interest in through traffic; and WHEREAS, the Town of Ithaca Board finds that the DOT plans as presented in the Design Report not only fail to address the Town's concerns regarding the unsatisfactory conditions at the intersections of Route 13 and 13A and of Route 13 and Buttermilk Falls Road but are likely to make those intersections more difficult; and WHEREAS, the Town of Ithaca Board finds that the DOT plans as presented in the Design Report deal with only a small segment of this highway corridor; and WHEREAS, the DOT is about to begin construction on another nearby segment of Route 13 at its intersection with Route 96 in the area known as Shady Corners leaving a stretch of Route 13 between these two design areas; and WHEREAS, the reconstruction of Route 13 will have significant impacts on the City of Ithaca and the Ithaca urban area; now therefore be it RESOLVED, that the Town of Ithaca Town Board finds the current NYS Department of Transportation plans deficient and authorizes the Town Supervisor to request the assistance of State Assemblyman Luster and State ^ , Senator Seward in working with the Town to ensure that the DOT is sensitive and responsive to these issues, reconsidering, if necessary the design recommendations contained in the DOT Design Report and ensuring the participation of the affected municipalities. ( ^ ' ) f \ TB Agenda Item No. 26 - 2/7/94 Res. No. 50 Page 2. MOVED; Councilworaan Harrison SECONDED: Councilman Klein DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Carried Unanimously Town Board Meeting 2/7/94 Agenda Item No. 27 Special Town Board Meeting - Forest Home Bridge Resolution No. 51 BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a Special Town Board meeting on Friday, February 11, 1994 at 5:00 p.m., at the Town Hall, 126 East Seneca Street, Ithaca, in order to consider the Schematic Design Plans for the replacement/rehabilitation of the Downstream Forest Home Bridge Project; and be it further RESOLVED, that the Town Highway Superintendent and the Town Engineer are hereby instructed to attend the Torapkins County Public Works Committee meeting to be held on February 16, 1994 to inform that Committee of the Town Board's opinions on the options for the replacement / rehabilitation of the Downstream I'orest iloine Bridge Project. MOVED: Councilman Niklas Carried Unanimously SECONDED: Councilwoman Valentino ^ DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 28 Policy Maintenance of Town Rights-of-Way Resolution No. 52 WHEREAS, the Town of Ithaca is responsible for maintaining safe Town roads and shoulders; and WHEREAS, the Town of Ithaca Highway Department plows the roads and shoulders and sometimes inadvertently hits mailboxes or posts, so that a policy is needed; now therefore be it RESOLVED, on the recommendation of the Public Works Committee, the Town of Ithaca hereby adopts the attached policy to continue safe maintenance of the Town roads and rights-of-way. MOVED: Councilwoman Valentino SECONDED: Councilman Niklas DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk TOWN OF ITHACA Maintenance of Town Rights-of-way "I^hway Department is responsible for keeping the roads and The^HiohLl passage of vehicles.The Highway Department tries to clear the snow from in front of mailboxes as a courtesy to the public but it is the public that is responsible for their mailboxes and any other obstructions they s5dewalks/etc'" right-of-way. eg= plantings, fencing. Mailbox Installation 1. Property owners should check with the Post Office as to their regulations on installing mailboxes. (Swing arm mailboxes are preferred) ^ 2. The mailbox post is to be a minimum of 16 feet from the centerof the road or 6 feet from the pavement to the mailbox post, whichever is further from the center of the road. 3. There shall be a minimum clear zone from grade to bottom of mailbox support of 44 inches. installed as per Highway specifications and the Town plow hits a mailbox or post, the Town may, at its option, replace or repair the box or post upon notification being given to the Highway Department. If the post and box are not installed as per specifications, the Town will not replace or repair the box or post when damaged by a plow. 5. The Highway Department will not be responsible to replace or with ^ box that is in a poor state of repair to begin Other Obstructions Any other obstructions in the Town right-of-way are at the ^ landowner's risk and the Town shall have no obligation to repair or replace any obstruction in the right-of-way damaged by the Town r Town Board Meeting 2/7/94 Agenda Item No. 29 Authorization to Receive Bids for New Mower Resolution No. 53 WHEREAS, the Town of Ithaca Highway Department mower is scheduled to be replace this year; and WHEREAS, the funds have been budgeted, the type of tractor/mower needed has been researched and the specifications have been written; now therefore be it RESOLVED, that on the recommendation of the Public Works Committee, the specifications for the new tractor/ mower be approved; be it further RESOLVED, that the Town be authorized to advertise and receive bids for the new tractor/ mower. MOVED: SECONDED: DATED: February 7, 1994 Joan Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 1 - Additional Conservation Board Appointment Resolution No. 54 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints John Meigs, 235 Culver Road, Ithaca as a member of the Town of Ithaca Conservation Board for a term of office from February 7, 1994 to December 31, 1995. MOVED: Councilman Niklas SECONDED: Councilman Klein DATED; February 7, 1994 Motion carried. VOTE Supervisor Whitcomb Aye Councilwoman Valentino Aye Councilman Niklas Aye Councilman Klein Aye Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Nay OotW Joan(/Lent Noteboom, Town Clerk Town Board Meeting 2/7/94 Agenda Item No. 2 - Additional SCLIWC (Bolton Point) Pre-Payments 1994 Resolution No. 55 WHEREAS, it is necessary that SCLIWC make certain payments between Town Board meetings in order to meet recurring obligations and avoid penalties; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the SCLIWC Treasurer to make the following payments between Town Board meetings as long as they are listed in the next monthly abstract: 1. Payments to the Town of Ithaca - Payroll, Health Insurance, and Disability Insurance. 2. Direct Page Comm. - Monthly paging. 3. New York State Electric and Gas - Gas and electric services. 4. New York Telephone Co. - Telephone service payments, /-s 5. RCI Long Distance - Telephone service payments. t 6. Tompkins County Trust Co. - Telephone system lease. 7. Postmaster, City of Ithaca - Postage. MOVED: Councilman Niklas SECONDED: Councllwoman Valentino DATED: February 7, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk