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HomeMy WebLinkAboutTB Minutes 1992-02-10 TOWN OF ITHACA REGULAR TOWN BOARD MEETING FEBRUARY 10, 1992 At a Regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall , 126 East Seneca Street, Ithaca, New York, there were: PRESENT: Shirley Raffensperger, Supervisor John Whitcomb, Councilman Patricia Leary, Councilwoman Frank Liguori, Councilman Catherine Valentino, Councilwoman Karl Niklas, Councilman ALSO PRESENT: John Barney, Town Attorney Scott McConnell, Highway Superintendent Andrew Frost, Building Inspector/Zoning Officer Daniel Walker, Town Engineer Floyd Forman, Town Planner Linda Nobles, Assistant Budget Officer Betty Poole , Deputy Town Clerk EXCUSED: David Klein, Councilman MEDIA PRESENT: Greg Williams, WHCU OTHERS PRESENT: Deborah Dietrich, County Board of Representatives PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Town Supervisor ' s Report Supervisor Raffensperger reported that the sales tax revenues generated in Tompkins County in 1991 had decreased and affected the amount received by the Town of Ithaca in February 1992 . For the fourth period of 1991 the Town of Ithaca received, this February, $284, 694 .00, less than any quarter in 1989, 1990, or 1991 . We are fortunate that with the staff ' s cooperation we ended 1991 in better condition than could have been expected considering the State Aid cuts. The possibility of continued sales tax revenue decreases and possible state aid cuts do not bode well for 1992 . The Governor' s budget proposes a 15% cut in per capita aid and between 25% and 35% cut in the operations and maintenance portion of CHIPS . Town Board Minutes 2 February 10 , 1992 The Tompkins County Board of Representatives passed a resolution authorizing a request to the State Legislature for a one cent increase in the sales tax to be effective, she believes, in December of 1992 . As she understands it, Tompkins County would retain the first six months of all of the additional revenues then would share 756 ( To be retained by the County) , and 256 (To be dispersed to the local municipalities. ) The first additional revenues to local municipalities then would be in 1993, perhaps for only one quarter. In March, representatives of the Tompkins County Reapportionment Committee will make a presentation to the Town Board on three plans, two of which combine a portion of the Northeast Town of Ithaca with the Village of Lansing, similar to the present situation. The third takes a bite out of the southern part of the Town of Ithaca and combines it with Danby. She is much opposed to that plan however the Town Board will have a chance to review the three alternatives and comment on them to the Committee in March. Jim Kazda, Tompkins County Engineer, will present plans in March to the Town Board for the replacement of the lower Forest Home Bridge . The Forest Home Improvement Association will also be on the agenda for that meeting. There has been a new twist in the bridge ' s story concerning the pedestrian portion of the bridge and will be reported by the Highway Superintendent, Scott McConnell, later. Town Engineer's Report Town Engineer Dan Walker reported on various projects the Town is involved with at present and administrative projects in the works . (Copies of the report are available in 'the Town Clerk' s Office ) Town Highway Superintendent' s Report Town Highway Superintendent Scott McConnell recapped the past month ' s work load with an emphasis on the snow and ice removal and plowing and cindering. He also elaborated on the pedestrian portion of the Forest Home Bridge . On February 3, the walkway across the lower Forest Home Bridge was closed due to structural failure of the supporting truss. This was discovered by Phil Pierce of McFarland & Johnson of Binghamton while inspecting the bridge to provide consultation to the Forest Home Association. It was further verified and ordered closed by Jim Kazda of the Tompkins County Engineering Department. (Copies of the Superintendent ' s report are available in the Town Clerk' s Office . ) Town Building Inspector/Zoning Officer' s Report Building Inspector/Zoning Officer Andrew Frost summarized the activities of the Building Inspector' s/Zoning Officer' s office for the month, highlighting several items of the Zoning Board of Appeals meetings . (Copies of the report are available in the Town Clerk' s Office . ) Town Planner' s Report Town Planner Floyd Forman synopsized Planning Department activity for the period of January 14 , 1992 through February 10, 1992 paying particular attention to the Comprehensive Plan and Planning Board activities. (Copies of the report are available in the Town Clerk' s Office . ) REPORT OF TOWN COMMITTEES Town Board Minutes 5 February 10, 1992 during the peak tax collection period, and WHEREAS, Ms . Michelle A. Townley has the necessary skills and knowledge to assist in the capacity of Tax Collection Assistant and was available to serve in this role , now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby ratify the employment of Ms Michelle A, . Townley as Tax Collection Assistant at $7 .00/hour, 7 . 5 hours/day, for the period of January 6, 1992 through April 3, 1992 . CARRIED UNANIMOUSLY CONSIDER LEGISLATIVE PROGRAM OF ASSOCIATION OF TOWNS FOR THE STATE OF NEW YORK Councilman Whitcomb requested guidance as to how the Board wished him to vote on the various resolutions which will be voted on at the Association of Towns Meeting in New York. Supervisor Raffensperger noted that one thing that she did not see on the agenda was authorizing towns to propose at local option a utility tax of up to 1% as is presently allowed for cities and villages of New York. She does not know if this topic will come up again this year. The Town Board had supported that item last year and considering we had supported it last year, it is an option for us to consider. If it does come up, she would like to see support from the Town of Ithaca. Discussion followed on the floor regarding the various proposed resolutions. AUTHORIZATION FOR ONE CAC MEMBER AND ONE STAFF HEHBER TO ATTEND WETLANDS CONFERENCE RESOLUTION #28 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the attendance of one Conservation Advisory Council member and one staff member, who supports the Codes and Ordinance Committee to attend the Wetlands Conference to be held in Buffalo, NY on February 26, 1992 at a cost of $75 . 00 per person plus expenses. CARRIED UNANIMOUSLY CONSIDER ENDORSEMENT REGARDING TOMPKINS CORTLAND COMMUNITY COLLEGE ALUMNI AWARD Supervisor Raffensperger requested approval of a motion for the endorsement of an application to Tompkins Cortland Community College to sponsor an alumni award for George Frantz. RESOLUTION #29 Motion by: Supervisor Raffensperger Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca hereby endorses the nomination of George R. Frantz, Assistant Town Planner for the Town of Ithaca for the Tompkins Cortland Town Board Minutes 6 February 10, 1992 Community College Distinguished Alumni Award. CARRIED UNANIMOUSLY CONSIDER APPROVAL OF BUDGET TRANSFER FOR SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION RESOLUTION #30 Motion by: Supervisor Raffensperger Seconded by: Councilman Whitcomb RESOLVED, that the Town Board of the Town of Ithaca hereby approves the transfer of $18, 148 . 79 from the Capital Projects Account to the Operating Account for the Southern Cayuga Lake i Intermunicipal Water Commission. CARRIED UNANIMOUSLY CONSIDER APPROVAL OF PROCUREMENT POLICY Assistant Budget Officer Linda Nobles explained the proposed procedure . She stated that the piece of legislation that requires the Town to institute this policy is General Municipal Law, Section 104 (b) , which in the past had bid limits of $5,000 for normal supplies, services and $7500 for public works contracts. They now have increased the limits with the caveat that we had to adopt a procurement policy of our own which governs purchases of lesser amounts. The guidelines also state that the municipality should review the procedure annually and make any adjustments as necessary. RESOLUTION #31 Motion by: Councilman Niklas Seconded by: Councilman Liguori WHEREAS, Section 104-b of the General Municipal Law (GML) requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, Section 103 or any other law; and WHEREAS, comments have been solicited from those officers of the Town involved with procurement; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby adopt the procurement policies and procedures, a copy of which may be obtained from the Town Clerk' s Office . CARRIED UNANIMOUSLY CONSIDER APPROVAL OF LEASE AGREEMENT WITH TOMPKINS COUNTY FOR COURTROOM SPACE Attorney Barney reviewed the lease agreement for this year. He stated that the issue which delayed the agreement last year was the indemnification issue . They have put in the contract the typical indemnification language which does not seem to be fair when we are using a facility that is basically multi-use facility, which we are only using part of the time . They had agreed with the rationale last year and modified the language . This language which we see on the lease may have come from the new risk manager for the County. He has written to Robert Mulvey, Attorney for the County, and gotten a response on the issue and both our insurance company and he had the same concerns Town Board Minutes 3 February 10, 1992 Supervisor Raffensperger reminded all committee chairs that they should set a regular schedule of meetings for the year, notifying Nancy Fuller of the schedule so that we can generate a single notice of committee meetings for the press and interested persons and groups and cut down on the mailing expenses. Conservation Advisory Council Councilman Whitcomb reported that the CAC is planning a public information meeting on February 23, 1992 at 3: 00 p. m. at National Cash Register on the Open Space Report. Also the Agriculture Committee of the CAC has produced a report on agriculture in the Town of Ithaca and are also planning an informational meeting with the area farmers which will be held February 27th in the evening at Cooperative Extension. Codes and Ordinance Committee Councilman Niklas reported that there are two vacancies on the COC as Robert Hines has resigned as the Zoning Board of Appeals representative and Eva Hoffmann as the Planning Board representative . Report of County Board of Representatives Representative Deborah Dietrich informed the Board that this year has been a real fiscal crisis for the County. There was a 25% growth in the medicaid case load, much of it attributed to the recession as well as sizeable increases in home relief and welfare rolls. So much of what has affected the County' s budget has been in these areas . She went on to comment on the proposed sales tax increase, which the County Board is reviewing at this time . It was not an easy sell to convince anyone , including herself, to share any of the additional revenueq with other municipalities. She stated that Supervisor Raffensperger gave a "persuasive pitch" on the Town ' s fiscal crisis as did Mayor Nichols of the City of Ithaca as well as other Town Supervisors. This is how the County Board arrived at the 75-25% split, if the State Legislature goes along with it. She further stated that they are also working on other areas to increase revenues, such as additional cuts in their budget of up to $500,000 . She commented on the status of the reapportionment process. DISCUSSION REGARDING FIRE DISTRICT CHANGES IN AGRICULTURAL DISTRICTS Supervisor Raffensperger noted that this has been a remarkable illustration of state legislation that is not very clear. She asked Town Attorney Barney to comment and interpret on the current legislation. Attorney Barney expressed his concern as to whether the legislation by its terms, applies to lands outside of agricultural districts but which have qualified, as they can do under the law, for the agricultural assessment reduction. He went on to say that the people at NYS Agriculture and Markets and Equalization and Assessment seem to think it does not; that is only intended to apply to people within an agricultural district, however they are not sitting there quoting chapter/verse as there is no chapter and verse to quote as near as he can tell . The other issue that was troublesome for him as counsel for the Town of Ithaca is the legislation which allows for the reduction in assessment for fire and ambulance district purposes. The Town of Ithaca is governed by a fire protection district which in the Town Board Minutes 4 February 10, 1992 drafting of the Town Law is a different animal than a fire district, so the question arises; did they really mean, when they said fire and ambulance district only or .did they mean generically anything that might qualify as a fire and ambulance district or anything like that. The contacts that he has had in Albany is that they probably did intend to mean it generically but the legislation is not drawn generically. They are aware of the problems local municipalities are having in dealing with this and are trying to draft corrective legislation that will hopefully be adopted this year which will clarify some of these points and make it easier for us to make a determination. In view of that, the Town has not drafted any legislation and the timing to take advantage of it this year is beyond us as it must be in place by March 1 , the taxable status date for properties in the Town of Ithaca. He would suggest monitoring the progress of the state legislation and take some action over the course of the summer. Councilman Niklas asked if the course of remediation is not within our own local municipal powers but within state legislation? Attorney Barney responded by saying that there is a third question as whether it is the Town' s function or the County' s function to adopt this particular legislation. The County Attorney, who also represents the Town of Enfield, stated that they have adopted legislation in implementing this and his position is that it is a local municipalities' s option. Attorney Barney' s recommendation would be to resolve these various issues before the Town takes any action. Further discussion followed. CONSIDER POLICY REGARDING ACCESS TO PUBLIC DOCUMENTS Supervisor Raffensperger requested that this item be deleted from this evenings agenda until further research has been done. RATIFY EMPLOYMENT OF HICHELLE TOWNLEY AS ASSISTANT TO RECEIVER OF TARES Supervisor Raffensperger explained that the reason this is needed is that the funds are in the budget for this position for an Assistant to the Receiver of Taxes is budgeted under a different line item. Assistant Budget Officer Linda Nobles stated that normally they are budgeted as contractual expenses as we expect to get the person through an employment agency however this year it did not seem appropriate to do that and we knew of someone who was willing to help us out and had the skills that we needed so we elected to hire them directly. RESOLUTION #27 Motion by: Supervisor Raffensperger Seconded by: Councilman Niklas WHEREAS, the Town of Ithaca has traditionally hired temporary help for tax collection purposes, and monies were budgeted in account A1330. 40 for this purpose, and WHEREAS, in the absence of a Town Clerk/Receiver of Taxes the Deputy Town Clerk has been appointed the Receiver of Taxes for 1992 and must continue to serve the needs of the Town as Deputy Town Clerk, and therefore requires the help of additional staff Town Board Minutes 7 February 10, 1992 when they saw the language . RESOLUTION #32 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to execute said lease agreement with Tompkins County for courtroom space once it meets the Town Supervisor' s and Town Attorney' s approval with the authority to negotiate the best arrangement possible . CARRIED UNANIMOUSLY APPROVE TOWN CLERK APPOINTMENT RESOLUTION #33 Motion by: Councilman Whitcomb Seconded by: Councilwoman Valentino WHEREAS, an interviewing committee of the Town Board of the Town of Ithaca reviewed 16 applications for the position of Town Clerk/Receiver of Taxes, and WHEREAS, the committee conducted 5 interviews for that position, and WHEREAS, the interviewing committee has unanimously recommended that Joan Hamilton be appointed Town Clerk of the Town of Ithaca, with the understanding that Ms . Hamilton will establish residence in the Town of Ithaca within six months of her appointment, now therefore be it RESOLVED, by the Town Board of the Town of Ithaca that Joan Hamilton is hereby appointed Town Clerk of the Town of Ithaca, as of February 12 , 1992 , at an annual salary of $24 , 500. It is anticipated that a salary adjustment will be considered upon the successful completion of the customary six-month probationary period. CARRIED UNANIMOUSLY APPROVE PLANNER I APPOINTMENT RESOLUTION #34 Motion by: Supervisor Raffensperger Seconded by: Councilman Niklas WHEREAS, the Search Committee received 72 resumes for a 1-year, full-time position as Planner I, and WHEREAS the Search Committee , after interviewing 5 candidates, selected Richard A. Eiken as their candidate of choice and have recommended his appointment to the Town Board, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby appoint Richard A. Eiken as a Planner I for the twelve months beginning February 11 , 1992 at a salary of $22,000 for the twelve-month period, and with customary benefits. CARRIED UNANIMOUSLY CONSIDER ACCEPTANCE OF EVERGREEN LANE Town Board Minutes 8 February 10, 1992 Highway Superintendent Scott McConnell stated that he had inspected Evergreen Lane and finds the road to be in acceptable condition. He further stated that the construction has been done in accordance with the road specifications that were in effect at the time of the construction and from his perspective , would recommend acceptance of Evergreen Lane as a Town road as of January 30, 1992 . RESOLUTION #35 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board re-confirm the acceptance of the road in the Poyer Subdivision as shown on a map entitled "Poyer Subdivision" dated September 13, 1988 and last revised February 10, 1992, and be it further RESOLVED, that the Town Board also accept a deed to the 20 foot strip of land in its revised location shown on said map as a "20 ' wide trail right-of-way" , said strip to be accepted for trail and other municipal purposes, and be it further RESOLVED, that the acceptance of the road and trail strip is subject to the following conditions: 1 . Approval of the construction of the road by the Town Engineer and Town Highway Superintendent. 2 . Approval of the title to the road and strip by the Attorney for the Town, it being understood that the Town will permit the grantor to retain a right to cross the 20 ' strip for highway or other access purposes at a location to be mutually acceptable to the Town and the grantor or his successor, such crossing to be no wider than sixty feet. 3 . The approval of the revised subdivision plan by the Planning Board. CARRIED UNANIMOUSLY DISCUSSION OF 1992 PRIORITIES-WORK PLAN Supervisor Raffensperger commented on the various items incorporated in the work plan. RESOLUTION #36 Motion by: Councilman Whitcomb Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca hereby approve the draft 1992 Priorities-Work Plan as presented. CARRIED UNANIMOUSLY RATIFY SUBMISSION OF SARA GRANT APPLICATION Assistant Budget Officer Linda Nobles stated that the Town has made application of funding under the State Archives and Records Administration (SARA) Program and are currently beginning the project for which we have already received monies. RESOLUTION #37 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino Town Board Minutes 9 February 10, 1992 WHEREAS, the Town of Ithaca had a second opportunity to apply for State funding of an inactive records management program through the New York State Local Government Records Management Improvement Fund, and WHEREAS, there is a great need within the Town facilities for better organization, retrieval and disposition of our inactive records , and WHEREAS, the deadline for consideration of applications for this second round of SARA Grant applications was February 3, 1992 , now therefore be it RESOLVED, that the Town Board of the Town of Ithaca supports the application for LGRMIF funding for an inactive records management program for the Town and does hereby ratify the submission of the application for such funding in the amount of $8,048. 00. CARRIED UNANIMOUSLY SET DATE FOR SPRING BRUSH AND LEAF PICK-UP RESOLUTION 438 Motion by: Supervisor Raffensperger Seconded by: Councilman Niklas 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 May 4 through May 8 be the dates for the spring brush and leaf pick up. CARRIED UNANIMOUSLY SET DATE FOR SPRING TRASH PICK-UP RESOLUTION #39 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb RESOLVED, that the Town Board of the Town of Ithaca hereby designates the beginning date for Spring TRASH pick-up as March 16, 1992 . CARRIED UNANIMOUSLY APPROVAL OF SCHEDULE FOR RENTAL OF HIGHWAY EQUIPMENT RESOLUTION #40 Motion by: Councilman Niklas Seconded by: Councilwoman Leary WHEREAS, the Highway Department has occasional need for equipment that is not owned by the Town of Ithaca and must be rented, and WHEREAS, all rentals must be approved by the Town Board prior to its occurrence , now therefore be it Town Board Minutes 10 February 10, 1992 RESOLVED, that the Highway Superintendent be authorized to rent the following equipment on an as needed basis; Daily Weekly Generators $ 60 $ 180 Grinders 40 100 Hand Tools 15 45 Hammers & Accessories 45 150 Heaters 60 150 Mixers 60 180 Pumps 80 250 Saws 100 300 Air Compressors w/Accessories 250 750 Sheeps Foot Compactor 910 3, 650 Street Sweeper 600 3,000 Material Screen 725 2, 200 Asphalt Roller 325 1 , 300 Misc. small implement: not to exceed 100 500 and be it further RESOLVED, that no rentals are to exceed two cumulative weeks. CARRIED UNANIMOUSLY AUTHORIZE ANDREW FROST, BUILDING INSPECTOR/ZONING OFFICER TO ATTEND FINGER LAKES BUILDING OFFICIALS CONFERENCE RESOLUTION #41 I Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca authorizes Andrew Frost to attend the Finger Lakes Building Officials Conference April 13th 14th and 15th in Rochester, New York at a cost not to exceed $400. CARRIED UNANIMOUSLY PUBLIC HEARING - 7:00 P.M. TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO REGULATE THE NUMBER OF PRINCIPAL BUILDINGS ON NON-AGRICULTURAL LOTS IN AN AGRICULTURAL DISTRICT Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to regulate the number of principal buildings on non-agricultural lots in an agricultural district having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. Attorney Barney stated that the Town Building Inspector/ Zoning Officer has had some difficulties with the question of what one can do with a residential use in a agricultural zone . Our Zoning Ordinance as presently stated does not limit the number of principal buildings that one could have . This proposal is an effort to rectify that situation. As no one present wished to speak, the Supervisor closed the public hearing. Further discussion followed. Town Board Minutes 11 February 10, 1992 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE RESOLUTION #42 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental significance amending the Town of Ithaca Zoning Ordinance to regulate the number of principal buildings on non-agricultural lots in an agricultural district . CARRIED UNANIMOUSLY LOCAL LAW #9 - 1992 RESOLUTION #43 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO REGULATE THE NUMBER OF PRINCIPAL BUILDINGS ON NON-AGRICULTURAL LOTS IN AN AGRICULTURAL DISTRICT. Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows : 1 . Article XIII, Section 68, is amended by adding two new sentences at the end thereof reading as follows : "In an agricultural district, where a lot is used or occupied primarily for non-agricultural purposes, there shall not be more than one principal building on such lot. In an agricultural district where a lot is used primarily for agricultural purposes, there shall be no more than one principal building for each 30,000 square feet of lot area and no more than one non-agricultural principal building ( e . g. a residence as opposed to a barn) on each 30,000 square feet of lot area. " 2 . This local law shall take effect upon its publication as required by law. Supervisor Raffensperger called for a roll call vote . Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #9 - 1992 was thereupon declared duly adopted. CONSIDER APPROVAL OF SPACE REORGANIZATION OF TOWN HALL 1 12 Supervisor Raffensperger summarized the planned reorganization which is outlined in the documents presented. She also stated that it gives us an additional "office" and the proposal at present is that the Supervisor ' s Office would move downstairs so there would be better coordination with the Town Clerk. The office which is presently occupied by the Supervisor would be for department heads to meet privately with persons who come in. The room would be scheduled the same as the board room is presently. RESOLUTION #44 I Motion by: Councilman Liguori Seconded by: Councilman Niklas RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the approval of the space reorganization plan for Town Hall at a cost not to exceed $2 , 500. CARRIED UNANIMOUSLY PUBLIC HEARING - 7 : 15 P.H. TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROHIBITING CERTAIN USES IN BUSINESS ZONES WITHOUT SPECIAL APPROVAL Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance prohibiting certain uses in business zones without special approval having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. Attorney Barney stated that this had been gone over in detail at previous Town Board Meetings. This particular section deals with the three main business sections and elevates several types of uses not being permitted unless special approval has been obtained from the Zoning Board of Appeals after a review approval from the Planning Board. As no one present wished to speak, the Supervisor closed the public hearing. DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE RESOLUTION #45 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca make and hereby does make a negative determination of environmental i agriculture . 13 significance amending the Town of Ithaca Zoning Ordinance prohibiting certain uses in business zones without special approval . CARRIED UNANIMOUSLY LOCAL LAW #10 - 1992 RESOLUTION #46 Motion by: Councilman Niklas Seconded by: Councilman Whitcomb TOWN OF ITHACA LOCAL LAW NO. 10 OF THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROHIBITING CERTAIN USES IN BUSINESS ZONES WITHOUT SPECIAL APPROVAL Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1 . The Zoning Ordinance of the Town of Ithaca as re-adopted, amended, and revised, effective February 26, 1968, and subsequently amended, be further amended as follows: I . Article VII, Section 32 , is amended to read as follows : "SECTION 32 . Business Districts 'A' . 1 . Uses permitted in a Business District 'A' shall be the following: A. The following uses provided that the interior floor area is 10,000 square feet or less : ( i ) Business or professional offices ( ii ) Bank or other financial institution ( iii )Bookstore ( iv) Drug store ( v) Hardware store ( vi ) Smoke Shop B . The followin g uses provided that the area on which construction occurs on the land is 10,000 square feet or less, ( excluding underground utilities ) i r ].4 ( i ) Utilities 2 . The following uses are permitted in a Business District 'A ' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for same from the Planning Board in accordance with the procedures set forth below: A. Any of the uses set forth in paragraph lA above where the interior floor area for such use exceeds 10,000 square feet. B . The following uses where the construction on the lot exceeds 10,000 square feet of land area ( excluding underground utilities ) : ( i ) Utilities C . Bank drive-through. D. Package liquor store . E. Retail food store . " II . Article VII, Section 33 is amended to read as follows : "SECTION 33 . Business Districts 'B ' . 1 . Uses permitted in a Business District 'B ' shall be the following: A. Any of the uses permitted in Business District 'A ' that do not require a special approval . B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: ( i ) Barber ( ii ) Dry cleaning pick-up station ( iii ) Florist ( iv) Beauty Parlor (v) Hand or coin operated laundry ( vi ) Nursery ( vii ) Milliner ( viii ) Greenhouse ( ix ) Any other retail stores , except automobile sales agencies ( x) Shoe shiner, shoemaker and repairer ( xi ) Tailor ( xii ) Telegraph and telephone office 2 . The following uses are permitted in a Business District ' B ' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for I 15 same from the Planning Board : A. Any of the uses permitted in Business District 'A ' upon receipt of a special approval . B. Any of the uses set forth in paragraph 1B above where the interior floor area for such use exceeds 10,000 square feet. C. Public library. D. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on more than 10,000 square feet of land. E . Fire station or other public building necessary to the protection of or servicing of a neighborhood. " III . Article VII, Section 34 is amended to read as follows: "SECTION 34 . Business Districts ' C ' . 1 . Uses permitted in a Business District 'C ' shall be the following: A. Any of the uses permitted in Business District 'A ' or ' B ' that do not require a special approval . B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: ( i ) Building supply ( ii ) Dry cleaner ( iii ) Dyer ( iv) Electrical shop (v) Glass shop (vi ) Heating shop ( vii ) Monument works ( viii ) Plumbing shop ( ix) Printer ( x) Appliance sales and service ( xi ) Arts and crafts studio ( xii ) Bicycle sale and repair ( xiii ) Caterer ( xiv) Confectioner ( xv) Decorator (xvi ) Dressmaker ( xvii ) Furrier ( xviii ) Optician ( xix) Photographer ( xx) Refrigeration sale and repair 16 ( xxi ) Upholsterer C . Hotel or motel of 30 sleeping rooms or less . D. Boat harbor and marina E . Ambulance service 2 . The following uses are permitted in a Business District 'C ' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for same from the Planning Board: A. Any of the uses permitted in Business Districts 'A' or 'B ' upon receipt of a special approval . B. Any of the uses set forth in paragraph 1B above where the interior floor area for such use exceeds 10,000 square feet. C . Automobile sales agency, provided that the display of automobiles and accessories is conducted entirely within a building. D. Theater, skating rink, bowling alley, dance hall, where the activity involved is conducted exclusively inside a building provided that such place of business shall be located at least 200 feet from any residence district. E . Restaurant or other place for the serving of food. If alcoholic beverages are served, the place of business shall be located at least 500 feet from an adjacent school or church or 150 feet from any residence district. F . Club house or lodge, provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of an adjoining owner. G . Undertaker. H. Hotel or motel with more than 30 sleeping rooms. IV. Article VII , Section 38, is amended by adding a new subparagraph 9 reading as follows: " 9 . Application for Special Approval : Where a use is permitted in this Article in a Business District 'A' , 'B ' , ' C ' , 'D ' or 'E ' upon the obtaining of a special approval , the application for such approval for the 17 requested use shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and has approved same . If the Board of Appeals grants the special approval , and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval as set forth below. " Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3 . This local law shall take effect immediately. The Supervisor called for a roll call vote . Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law #10 - 1992 was thereupon declared duly adopted. CONSIDER ACCEPTANCE OF HA% 'S DRIVE AND PORTION OF WOODGATE LANE Town Attorney Barney presented to the Board a map and explained the proposed acceptance of the portion of Woodgate Lane and Max ' s Drive . Town Engineer Walker and he stated that a $5,000 bond is needed for the completion of the road and there are several lots which have buildings on them and technically they are there illegally unless the road is accepted by the Town. RESOLUTION #47 Motion by: Councilman Niklas Seconded by: Supervisor Raffensperger BE IT RESOLVED, by the Town Board of the Town of Ithaca as follows: That the Town accept the portion of Woodgate lane extending northerly from existing Woodgate Lane , such extension having a width of 60 feet and a length of 527 . 53 feet on its westerly i 18 boundary and of 527 . 92 on its easterly boundary, such extension extending approximately 60 feet north of the north line of Max ' s Drive, along with a portion of Max' s Drive having a width of 60 feet and a length of approximately 860 feet, which road begins on the easterly boundary of the aforementioned Woodgate Lane, 60 feet south of the northerly termination of said Woodgate Lane, and runs in an easterly direction, along with a temporary turnaround on the northerly boundary of said Max' s Drive approximately 105 feet west of the easterly termination of said Max ' s Drive, all as show on a survey entitled "Map Showing Extension of Woodgate Lane and Proposed Max' s Drive , Town of ithaca, County of Tompkins, State of New York, " prepared by James P . MacNamara, dated May 11 , 1990 and revised October 1 , 1991 and certified to the Town of Ithaca, subject to the following conditions: a. Approval of the construction of such road by the Town Highway Superintendent and the Town Engineer; and b . Approval of the title to such property, and the documentation provided in connection with such road dedication, by the Town Attorney; and C. Receipt by the Town of a letter of credit in the amount of $5,000 as determined by the Town Engineer and the Town Highway Superintendent to be sufficient to complete construction of such road, in a form approved by the Town Attorney. A vote on the resolution resulted as follows : CARRIED UNANIMOUSLY AUTHORIZATION FOR TOWN PLANNER TO ATTEND MANAGEMENT CONFERENCE RESOLUTION #48 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca authorize Town Planner Floyd Forman to attend a management conference on February 24 , 1992 at the Sheraton Hotel in the Village of Lansing at a cost not to exceed $120. CARRIED UNANIMOUSLY APPROVAL TO ADVERTISE FOR HIGHWAY MECHANIC POSITION I RESOLUTION #49 19 Motion by: Councilman Whitcomb Seconded by: Councilman Liguori WHEREAS, there will be a vacancy in the Highway Mechanic ' s position due to the retirement of Arland Westmiller, April 24 , 1992 , and WHEREAS, the Highway Superintendent wants to have this position filled by March 23, 1992, in order to provide up to two months of overlap with the current Mechanic to ensure a smooth transition in this position, and WHEREAS, in order to fill this vacancy in a timely manner the advertising needs to be done by the end of this week for interviews to occur the week of March 2 , 1992, and a hiring decision by the March 9, 1992 Town Board Meeting, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize the advertisement of the Highway Mechanic vacancy and the filling of this vacancy according to the schedule noted above . CARRIED UNANIMOUSLY CONSIDER APPROVAL FOR TOWN OF ITHACA HIGHWAY SERVICES TO BE INCLUDED ON TOMPKINS COUNTY BIDS Highway Superintendent Scott McConnell briefed the Board on the proposed resolution. RESOLUTION X50 Motion by; Supervisor Raffensperger Seconded by: Councilman Niklas WHEREAS, the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work ( services ) to political subdivisions, and WHEREAS, General Municipal Law Section 119-0 provided for municipalities entering into cooperative purchasing agreements to jointly bid needed services, and WHEREAS, General Municipal Law, Article 5-G, Section 119-0 states that "any agreement entered into hereunder shall be approved by each participating municipal corporation or district by a majority vote of its governing body, " now therefore be it RESOLVED, that the Town of Ithaca be hereby authorized to participate with Tompkins County in the cooperative purchasing of the following highway services : -Painting of traffic lines -Installation of guide rails -Liquid bituminous materials -Micro surfacing -Recycling of West King Road Discussion followed. A vote on the resolution resulted as follows : CARRIED UNANIMOUSLY PUBLIC HEARING - 7 : 30 P.M. I 20 CONSIDER AN ORDINANCE AMENDING AND RESTATING AN ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Proof of posting and publication of a notice of public hearing to consider an ordinance amending and restating an ordinance regulating traffic and parking in the Town of Ithaca having been presented by the Deputy Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak, the Supervisor closed the public hearing . Highway Superintendent Scott McConnell explained some of the proposed changes. The majority of the work has been with the Schedule A and Schedule B. There are a couple of Town road intersections that have been added. Discussion arose regarding a parking problem in the vicinity of Rogan' s Corners on Route 96B . Councilman Niklas commented that he passes by there in the evenings and there are a number of cars parked along side of the road in the southbound lane . He wondered if there was anything that could be done about this as he feels it presents a hazard as people run across the road dodging the traffic . Supervisor Ra-ffe.nsperg.er -stated ..that .the, amendment. will be scheduled as a public hearing for the March 9 , 1992 Town Board meeting as there are some additions and deletions requested by Highway Superintendent Scott McConnell to the proposed amendment however the Board will act on the proposed amendment before them this evening . RESOLUTION #51 Motion by: Councilman Niklas Seconded by: Councilman Liguori ORDINANCE AMENDING AND RESTATING ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant, to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as follows : Section 1 . Territory Affected. This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights. Section 2 . Superseding and Amending of Prior Ordinances . This ordinance amends and restates the traffic ordinance of the Town of Ithaca adopted September 7 , 1961 effective September 26 , 1961 and restated and readopted February 8, 1988, effective February 23, 1988, and amendments thereto and to the extent the provisions of said earlier ordinances conflict with the ordinance as set forth herein, this ordinance shall govern . Section 3 . Parking Vehicles. The parking of motor vehicles or any part thereof on the paved portion of Town highways, or upon the shoulder or upon or in any ditch adjoining said highways, is prohibited in all of the following locations: ( a ) On both sides of McIntyre Place . ( b) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Forest Home Drive . ( c ) On both sides of Pleasant Grove Road from the Village 21 of Cayuga Heights line to the intersection with Forest Home Drive (Route 392 ) . ( d ) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road. ( e ) On both sides of Judd Falls Road from Route 366 southerly to the railroad overpass . ( f ) On both sides of Coddington Road from the City line to the centerline of the intersection with Rich Road extended . On the East side of Coddington Road the width of the shoulder is three feet. ( g) On the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road. (h) On the north side of Mitchell Street from the Town of Ithaca line easterly to Judd Falls Road. ( i ) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with New York State Route 366 . ( j ) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive during the hours of 1 a. m. to 6 a.m. daily. ( k ) On both sides of Eastern Heights Drive from Sharlene Drive to the now or future town road running southerly from Eastern Heights Drive shown as future Nancy Street on the Town of Ithaca tax maps, during the hours of 1 a. m. to 6 a.m. daily. ( 1 ) On the south side of Roat Street running westerly from Blackstone Avenue to the terminus of Roat Street, during the hours of 1 a. m. to 6 a. m. daily. ( m) On both sides of Burns Road from New York State Route 79 west to the bridge over Six Mile Creek and from the bridge over Six Mile Creek 500 feet further west. (n ) On both sides of Winthrop Drive from the easterly entrance to the Northeast School parking lot northerly and westerly to the westerly entrance to the Northeast School parking lot and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection of Winthrop Drive and Brandywine Road. ( o) On the south side of Maple Avenue from the City of Ithaca line to the intersection with Judd Falls Road. ( p) On the north and northeasterly side of Maple Avenue from the City line to a point 50 feet northwesterly of the intersection of the northeasterly line of Maple Avenue and the center line of the East Ithaca Bikeway, which Bikeway runs northerly from Maple Avenue from a point located across Maple Avenue from a point approximately 50 feet northwesterly from the north corner of the Eastlawn Cemetery, said Bikeway running northerly from said point across Town of Ithaca tax parcel No. 63-2-5 and ultimately terminating at Dryden Road ( said Bikeway hereinafter referred to in this Ordinance as the "East Ithaca Bikeway" ) . ( q) On the northeasterly side of Maple Avenue from a point 50 feet southeasterly of the intersection of said 22 northeasterly line with the center line of the East Ithaca Bikeway to the intersection of the north line of Maple Avenue and the west line of Judd Falls Road. ( r) For a period in excess of three hours on the northeasterly side of Maple Avenue from a point 50 feet northwest of the intersection of the northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway to a point 50 feet southeast of the intersection of said northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway. Section 4 . Stopping of Motor Vehicles. The stopping of motor vehicles, other than in accordance with erected traffic control devices, or as may be required by traffic conditions, is prohibited in the following locations : ( a) Buttermilk Falls Road West in its entirety. ( b) Buttermilk Falls Road East in its entirety. Section 5 . Stop Signs. The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A. Section 6 . Yield Signs. The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth on Schedule B . Section 7 . Penalties . ( a ) Any violations of sections 3 and 4 shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50. 00 or by imprisonment for not more than 15 days or by both such fine and imprisonment. ( b) Failure to observe the signs erected in accordance with Sections 5 or 6 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York. Section 8. Authority to Impound Vehicles. ( a) Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders or impairs the ability of the personnel of the Town of Ithaca, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Ithaca. it 23 (b) Any vehicle found unattended on any highway within the Town of Ithaca which constitutes an obstruction to traffic may be removed by the Town of Ithaca. ( c ) Any vehicle parked or abandoned on any highway within the Town of Ithaca where stopping, standing or parking is prohibited, may be removed by the Town of Ithaca. Section 9 . Storage and Charges. The Town of Ithaca may store any vehicle removed pursuant to Section 9 in a suitable place at -the expense of the owner. The owner, or person in charge of the vehicle , may redeem the same upon payment to the Town of Ithaca of the amount of all expenses actually and necessarily incurred in effecting such removal . Section 10. Notice of Removal . The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant to Sections 8 and 9 to the County Sheriff . The Town shall also ascertain, to the extent possible , the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by mail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle . Section 11 . Review. The owner, or the person in charge, of a vehicle that has been removed pursuant to Section 8 may request a hearing to challenge the assessment of any expense imposed pursuant to Section 9 . The request for a hearing shall be in writing and shall be filed with the Town Clerk within fifteen ( 15 ) days of receiving notice of the removal of the vehicle . The hearing shall be held within ten ( 10) days after the request has been filed. The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor. The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by Section 8. The sole effect of a determination that the removal of the vehicle was not authorized by Section 8, shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage . Nothing in this ordinance is intended to affect the liability of the Town of Ithaca for any damage done to any vehicle during towing or storage . Section 12 . Effective Date . ( a) This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law except those parts, if any, which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York ( relating to approval of traffic control devices on state roads ) . 24 ( b) Any part or parts of this ordinance which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation. 25 SCHEDULE A On Birchwood Drive at Salem Drive On Birchwood Drive North at Salem Drive On Birchwood Drive South at Pinewood Place, westbound approach On Blackstone Avenue at Hanshaw Road (Northbound and Southbound ) On Blackstone Avenue at Roat Street, northbound approach On Blackstone Avenue at Roat Street, southbound approach On Blackstone Avenue at Christopher Lane On Bluegrass Lane at Warren Road On Brandywine Drive at Christopher Lane On old Burns Road at its southbound approach to the intersection with new Burns Road On Burns Road at Coddington Road On Chase Lane at East King Road On Christopher Circle at Warren Road On Christopher Circle ( east end) at Christopher Lane On Christopher Circle ( west end ) at Christopher Lane On Clover Lane at its intersection with Mitchell Street On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Ext. On Crest Lane at its intersection with Warren Road On Culver Road at Bostwick Road On Deerfield Place at Salem Drive On Deerfield Place at Winston Drive On Dove Drive at its easterly intersection with Snyder Hill Road On Dove Drive at its westerly intersection with Snyder Hill Road On Drew Road at Woodgate Lane On Drew Road at Sheffield Road On Evergreen Lane at Dubois Road On Fairway Drive at Warren Road On Forest Home Drive at Caldwell Road On Forest Home Drive at Judd Falls Road, eastbound approach On Forest Home Drive at Judd Falls Road, westbound approach On Forest Home Drive at Pleasant Grove Road, westbound approach On Forest Home Drive at Warren Road, eastbound approach On Forest Home Drive at Warren Road, westbound approach On Game Farm Road at Ellis Hollow Road On Glenside Road at Coy Glen Road On Hackberry Lane at Coy Glen Road On Halcyon Hill at its intersection with Warren Road On Haller Blvd. at Elm Street Ext. On Harris B. Dates Drive at its intersection with Indian Creek Road On Harris B. Dates Drive at its intersection with the entrance road to Tompkins Community Hospital On the westerly extension of Harris B. Dates Drive ( extending westerly to the Professional Building Drive ) at its intersection with the north-south portion of Harris B. Dates Drive On Harwick Road at Honness Lane On Harwick Road at Wildflower Drive On Honness Lane at Pine Tree Road 26 On Hopkins Road at Bundy Road On Hopkins Road at Hayts Road On Indian Creek Road at Dubois Road On John Street at Park Lane On Judd Falls Road at Tower Road, northbound approach On Judd Falls Road at Tower Road, southbound approach On Judd Falls Road at Arboretum- Road On Juniper Drive at Coddington Road On Kay Street at Hanshaw Road On LaGrand Court at Chase Lane On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Place at Lisa Lane On Longview Drive at Poole Road On Maple Street at Judd Falls Road On Maplewood Drive at Salem Drive On McIntyre Place at Judd Falls Road On McIntyre Place at Forest Home Drive On Muriel Street at Hanshaw Road On Northview Road at Coddington Road On Northview Road West at Coddington Road On Orchard Hill Road at Dubois Road On Orchard Street at Hanshaw Road On Penny Lane at Abbey Road, eastbound approach On Perry Lane at Bundy Road On Poole Road at Sheffield Road On Regency Lane at Snyder Hill Road On Renwick Place at its northerly intersection with East Shore Drive On Renwick Place at its southerly intersection with East Shore Drive On Rich Road at Coddington Road On Ridgecrest Road at East King Road On Roat Street at Hanshaw Road On Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On Salem Drive at Hanshaw Road On Sapsucker Woods Road at Hanshaw Road On St . Catherine Circle at Siena Drive On Seven Mile Drive at Bostwick Road On Simsbury Drive at Brandywine Drive On Snyder Hill Road at its intersection with Pine Tree Road On Spruce Way at Coddington Road On Stone Quarry Road at King Road West On Strawberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road On Summerhill Lane at Ellis Hollow Road On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road, northbound approach On Tareyton Drive at Rosehill Road, southbound approach On Terraceview Drive at Honness Lane On Terraceview Drive at Towerview Drive, southeastbound approach I 27 On The Byway at its easterly intersection with Forest Home Drive On The Byway at its westerly intersection with Forest Home Drive On Townline Road at Sandbank Road On Updike Road at Coddington Road On Valley View Road at Elm Street Ext. On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Ext. On Westview Road at Towerview Drive , northwestbound approach On Whitetail Drive at its intersection with East King Road On Whitetail Drive at its intersection with Troy Road On Wildflower Drive at Honness Lane On Winston Court at Salem Drive On Winston Court at Winston Drive On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the southerly end of the middle portion of Winston Court which runs north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court where the easterly end of the southerly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south On Winston Drive at Salem Drive On Winthrop Drive at Warren Road On Woodgate Lane at Poole Road On Woolf Lane at its intersection with Dubois Road On Wyckoff Road at Renwick Heights Road 28 SCHEDULE B On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive On Dove Drive, southbound approach at the east end of Pheasant Lane On Eastern Heights Drive at Joanne Drive On Eastern Heights Drive at Sharlene Drive, westbound approach On Eastern Heights Drive at Sharlene Drive, eastbound approach On Elm Street Ext. at Culver and Poole Roads On Grove Place at Grove Road On Grove Road at Woolf Lane On the access road leading behind the Biggs Complex and Tompkins County Hospital at both of its intersections (northerly and southerly) with Harris B. Dates Drive On Hickory Place at Juniper Drive On Hickory Place at Pineview Terrace On Kendall Avenue at Pennsylvania Avenue On Landmark Drive at Eastern Heights Drive On Landmark Drive at Park Lane On Lisa Lane at Texas Lane On Maplewood Drive at Pinewood Drive On the westerly branch of Northview Road at its southerly approach to the easterly branch of Northview Road On Orchard Street at Roat Street On Penny Lane at Abbey Road, westbound approach On Pheasant Lane at Dove Drive , eastbound approach On Pheasant Lane at Dove Drive, westbound approach On Pineview Terrace at Juniper Drive On Pinewood Place at Birchwood Drive North On Renwick Drive at Renwick Heights Road On St. Catherine Circle at Blackstone Avenue On Sandra Place at Winthrop Drive On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sky-Vue Road at Snyder Hill Road On Snyder Hill Road at the turn-off from Pine Tree Road On Sunnyview Lane at Terraceview Drive On Sunn hill Lane at Harwick Road oad On Sycamore Drive at Pinewood Drive On Tudor Road at Park Lane On Whitetail Drive at Teton Court, westbound approach A vote on the resolution resulted as follows : Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye 29 The Ordinance amending and restating an Ordinance regulating traffic and parking in the Town of Ithaca was thereupon declared duly adopted. SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TRAFFIC ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA CHANGING THE YIELD SIGN ON TUDOR ROAD AT PARK LANE TO A STOP SIGN RESOLUTION #52 Motion by: Councilwoman Valentino Seconded by: Councilman Niklas RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P .M. , on March 9, 1992 to consider a Local Law amending the Traffic Ordinance regulating traffic and parking in the Town of Ithaca changing the yield sign on Tudor Road at Park Lane to a stop sign. CARRIED UNANIMOUSLY AUTHORIZATION FOR HIGHWAY SUPERINTENDENT SCOTT MCCONNELL TO ATTEND NEW YORK STATE SAFETY OFFICER ASSOCIATION MEETING RESOLUTION #53 I-lotion by: Supervisor Raffensperger Seconded by: Councilman Niklas WHEREAS, the Highway Superintendent is the designated safety officer for the Town of Ithaca, and WHEREAS, the Highway Superintendent has recently become a member of the New York State Safety Officers Association, and WHEREAS, the above Association is having a meeting in Chemung County on February 20, 1992 at a cost of $20 . 00, now therefore be it RESOLVED, that the funds be made available and Scott McConnell be authorized to attend the New York State Safety Officer Association meeting in Chemung County on February 20, 1992 at a cost not to exceed $20. 00 . CARRIED UNANIMOUSLY Councilman Whitcomb asked why authorization on meetings to be attended by Town Officials and Town Staff for such a small amount is needed. Supervisor Raffensperger stated simply that this is what has been done in the past and suggested possibly developing a policy which states that it is no longer necessary to obtain Board approval to attend meetings as long as the departments are staying within their budget for meetings and conferences, etc . . Councilman Niklas suggested adding upon the approval of the Town Supervisor. Assistant Budget Officer Linda Nobles remarked that this had been suggested some time ago at least for the minimal expense conferences which were less than $100 . 00. She agreed that it does not make sense to waste the time for such a small amount. Discussion followed and it was agreed unanimously by the Board that thi c I A hn fr.l l far f..t..rc, rs........te - 4. 30 cost of $100 .00 or less, upon the approval of the Town Supervisor. TOWN OF ITHACA WARRANTS RESOLUTION #54 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 10, 1992, in the following amounts : General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 41 , 702 . 12 General Fund - Townwide . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78, 280. 05 Water and Sewer Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,870 . 37 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 546 . 58 Highway Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,094 . 95 Capital Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56, 156 . 02 CARRIED UNANIMOUSLY BOLTON POINT WARRANTS RESOLUTION #55 Motion by: Supervisor Raffensperger Seconded by: Councilman Whitcomb RESOLVED, that the Bolton Point Warrants dated February 10, 1992 , in the Operating Account and Capital Projects Account are hereby approved in the amounts of $109, 498 .00 and $81 , 411 . 10, respectively. CARRIED UNANIMOUSLY SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE WATER RATE SCHEDULE FOR THE TOWN OF ITHACA TO ESTABLISH MINIMUM QUARTERLY CHARGES. Supervisor Raffensperger stated that there were some unintended consequences which have occurred in the first billing under the new water rate schedule having to do with a change in the minimum water rate as related to the size of the meter. The Bolton Point Staff is going to propose a very minimal change to be made in that schedule . If the Town does not wish to have a lot of water bills go out which will enrage the public , she would strongly suggest that we set the public hearing and she will supply any and all information to the Town Board prior to the March meeting. RESOLUTION #56 Motion by: Supervisor Raffensperger Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 P.M. to consider amending the Water Rate Schedule for the Town of Ithaca to establish minimum quarterly charges. CARRIED UNANIMOUSLY APPOINTMENTS OF DEPUTY TOWN CLERKS AND ADMINISTRATION OF OATHS OF OFFICE; 31 RESOLUTION #57 Motion by: Councilman Whitcomb Seconded by: Councilman Niklas RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Betty Poole and Nancy Fuller as Deputy Town Clerks for the Town of Ithaca. CARRIED UNANIMOUSLY At this time , Town Attorney John Barney administered the Oath of Office to Deputy Town Clerks Betty Poole and Nancy Fuller. EXECUTIVE SESSION RESOLUTION #58 Motion by: Councilman Niklas Seconded by: Councilman Liguori RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss personnel matters and possible litigation. CARRIED UNANIMOUSLY OPEN SESSION RESOLUTION #59 Motion by: Councilman Niklas Seconded by: Councilwoman Valentino RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open Session . CARRIED UNANIMOUSLY APPOINTMENT TO TOWN OF ITHACA PLANNING BOARD RESOLUTION #60 Motion by: Supervisor Raffensperger Seconded by: Councilman Niklas RESOLVED, that Herbert Finch be appointed as a Planning Board member effective immediately for a term to expire December 31 , 1998 and be it further RESOLVED, that in view of the fact that two of the designated nominating committee members and one candidate were not in attendance at the interviews for the current vacancy that the designated nominating committee hold new interviews for the vacancy anticipated upon Mrs. Aronson ' s resignation. CARRIED RS-MB:.'RSEMENT OF RETIREMENT FUNDS FOR THREE TOWN EMPLOYEES RTSO1-j1. "_'_0\' 1464 _ Motion by: Co'_nc__wona_n. Valentino Seconded by: Councilman cu o r R?SO`.,VED, that the '''own of ..t_-iaca Superv_sor be a,--thor_zed to 32 so_'_c'_ _ soec'_a' _eq's_a t'_on from. he New Yor% S to to :,ea'_s' a ure to correct the re t_rem.en: :;er status o` Fancy Fuller, George .. rebs, and, '_.`_ rea_'.�ested by '�_m, _R_c`►_ard Schoc`?, w_.'� he L'nders tand_na that he Town reimburse he New York State Retirement Fund for he employer ' s share of he cost of correct'-on . Such status, (presen==y understood to be aaoroxlma�e=y $14 ,000 each for Mrs . Fuller and Mr. Xrebs and as yet an undetermined. but lesser amount for Mr. Schoch. ) CARZT7-7 \'AY7MOUS aY 'he meeting was duly adjourned. Resnectfu_' sUbm1.ted, Poole Deou ty Town Clerk