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HomeMy WebLinkAboutTB Minutes 1983-04-11 TOWN OF ITHACA REGULAR BOARD MEE 'T' ING April 11 , 1983 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , . New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York ,, at 5 : 30 P . M . , on the 11th day of April , 1983 , there were : PRESENT : Noel Desch , Supervisor ® George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman ® Henry McPeak , Councilman Dooley Kiefer , Councilwomnan David Jennings , Councilman ALSO PRESENT : James Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Representatives of the Media : Lisa Best , WHCU Julie Mertus , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Bond Sale Supervisor Desch reported that the Bond Sale for the $ 602 , 000 package for water improvements ( Stowe Quarry Road , etc . , ) is set for 11 : 00 a . m . , on May 12 . The final wording of the prospectus has been put in place and we have the bond resolution listed as Item # 16 on the Agenda for adoption at this meeting . Councilwoman Raffensperger asked what the interest rate on municipal bonds were , at this time ? Supervisor Desch responded under 90 . ® Councilwoman Raffensperger questioned , was she right in thinking that municipal bonds cannot be called ? Supervisor Desch answered , no they cannot be called . He went on to say that he thought the competition would be quite heavy , even though the amount of the bonds to be sold were low . RESOLUTION NO , 38 I-lotion by Supervisor Desch ; seconded by Councilman Cramer , A RESOLUTION PROVIDING FOR THE CONSOLIDATION , DETAILS AND SALE OF $ 602 , 000 PUBLIC IMPROVEMENT ( SERIAL ) BONDS , 1983 , OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , FOR WATER AND SEWER IMPROVEMENTS IN AND FOR SAID TOWN . Town Board Minutes - 2 - April 11 , 1983 Section 1 . Of the $ 250 , 000 serial bonds authorized by bond resolution dated September 10 , 1979 , for the construction of the Stone Quarry - Pittman Lane -King Road West Water Improvement in the Town of Ithaca , Tompkins County , New York , there shall be issued and sold $ 172 , 000 serial bonds which shall mature $ 12 , 000 on June 1 , 1984 , $ 13 , 000 on June 1 in each of the years 1985 to 1988 , both inclusive , and $ 12 , 000 on June 1 in each of the year 1989 to 1997 , both inclusive , and shall be consolidated with another issue of bonds of said Town as hereinafter authorized . It is hereby ® determined that the period of probable usefulness of the aforesaid specific object or purpose is -forty years pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the ® Local Finance Law , computed from October 5 , 1979 , to date of the first bond anticipation note issued therfor . It is hereby further determined that the sums of $ 12 , 500 each , from a source other than the proceeds of bonds or bond anticipation notes , . were used on October 5 , 1981 , January 5 , 1982 and January 5 , 1983 to partially reduce outstanding bond anticipation notes of said Town for such purpose , such amounts constituting the first three installments of the principal amount of such indebtedness and that the further sum of $ 28 , 000 , from a source other than the proceeds of bonds or bond anticipation notes , were used on January 5 , 1983 to further reduce such indebtedness , such sum constituting a voluntary payment . It is hereby further _ determined that the sum of $ 12 ,_ 500 , from a source other than the proceeds of bonds or bond anticipation notes , will be used on or before January 5 , 1984 to further reduce outstanding bond anticipation notes of said Town for such purpose , such amount constituting the fourth installment of the principal amount of such indebtedness . Section 2 . Of the $ 970 , 000 serial bonds authorized by bond resolution dated August 12 , 1974 , for the construction of the Town Wide Improvement Benefitted Area in the Town of Ithaca , Tompkins County , New York , there shall be issued and sold $ 430 , 000 serial bonds which shall mature $ 30 , 000 on June 1 , 198411 $ 27 , 000 on June 1 in each of the years 1985 and 1986 , $ 32 , 000 on June 1 in each of the years 1987 and 1988 , $ 28 , 000 on June 1 in each of the years 1989 to 1997 , both inclusive , and $ 30 , 000 on June 1 , 1998 , and shall be consolidated with another issue of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from June 9 , 1978 , the date of the first bond ® anticipation note issued therefor . It is hereby further determined that the sums of $ 30 , 000 , $ 30 , 000 , $25 , 000 and $ 510001 from a source other than the proceeds of bonds or ® bond anticipation notes , were used on June 8 , 1980 , June 9 , 1981 , June 9 , 1982 and June 8 , 1982 , respectively , to partially reduce outstanding bond anticipation notes of said Town for such purpose . It is hereby further determined that the sum of $ 30 , 000 , from a source other than � the proceeds of bonds or bond anticipation notes , will be used on or before June 9 , 1983 to further reduce outstanding bond anticipation notes of said Town for such purpose . Section 3 . The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for purposes of sale into one bond issue aggregating $ 602 , 000 . Such bonds shall each be designated substantially PUBLIC IMPROVEMENT ( SERIAL ) BOND , 1983 , shall be dated May 1 . , 1983 , shall be numbered from 1 to 121 , both inclusive , shall be of the denomination of $ 25 , 000 each , except Bond numbered 1 of Town Board Minutes - 3 - April 11 , 1983 the denomination of $ 2 , 000 , shall mature in numerical order in the amount of $ 42 , 000 on June Jr 1984 , . $ 40 , 000 on June 1 in each of the * years 1985 and 19861 $ 45 , 000 on June 1 in each of the years 1987 and 19880, $ 40 , 000 on June 1 in each of the years 1989 to 19971 both inclusive, and $ 30 , 000 on June 1 , 1998 , with interest thereon payable June 1 , 1984 and simi - annually thereafter on December 1 and June 1 . Such bonds shall bear interest at such rate as may be necessary to sell the same ,_ which rate_ shall be determined in the manner provided in Section 59 . 00 of the Local Finance Law . Such bonds shall be in bearer coupon form with the privilege ® of conversion into bonds registered as to both principal and interest , and shall be payable as to both principal and interest in lawful money of the United State of America at Tompkins County Trust Company , in Ithaca , New York , or , at ® the option of the holder , at Morgan Guaranty Trust Company , in New York , New York , which by contract are the paying agents of the issurer . The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue , which individual maturities are prescribed in the preceeding sections hereof . Such bonds shall be signed in the name of said Town of Ithaca , Tompkins County , New York , by its Supervisor , and a facsimile of its New seal shall be imprinted thereon and attested by its Town Clerk , and the interest coupons shall bear the facsimile signature Of said Supervisor . Section 4 . All other rnatters , except as provided herein relating to such bonds shall be determined by the Supervisor . Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in the form and contain such recitals , iu addition to those required by Section 51 . 00 of the Local Finance Law , as the Supervisor shall determine . Section 5 . The faith and credit of said Town of Ithaca Tompkins County , New York , are hereby irrevocably for the payment of the principal of and interes pledged l bonds as the same respectively become due and payable .such There shall be annually apportioned and assessed upon the several lots , and parcels of land which the Town Board shall determine and specify to be especially benefited by the aforesaid improvements , an amount sufficient to pay the principal of and interest on said bonds as the same become due , but if not paid from such source , all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as sufficient to pay the principal of and o interest or on amount said ® bonds as the same shall become due . i Section 6 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds ® hereby delegated to the Supervisor , who shall advertise Isuce bonds for sale , conduct the sale and .award the bonds in such manner as he shall deem best for the interests of said Town , provided , however , that in the exercise of these delegated powers , _he shall comply fully with the provisions of the Local Finance Law and any order or rule of the Comptroller applicable to the sale State of municipal bonds . The e r receipt of the Supervisor , shall be a full acquittance to totheapplication uof bond ds ,wo shall not be obliged to see Purchase money . Section 7 . This resolution shall take effect immediately . Town Board Minutes - 4 - April 11 , 1983 The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Councilman Cramer Voting Aye Councilman Jennings Voting Aye Councilwoman Kiefer Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye ® Supervisor Desch Voting Aye The resolution was thereupon declared duly adopted ® April Newsletter An important thrust of the Newsletter will be a description of the proposed one -way system for Forest Home and the request for input on the desirability of a one year trial of the one -way system . Supervisor Desch mentioned that we have heard back from the County with respect to the East Ithaca Connector , and the reaction is negative . A folder ` with the County response is being circulated . Councilwoman Kiefer suggested this additional information be included in - the Newsletter . j �ater / Sewer Improvements The Supervisor went on to say that he and the Town Engineer are drafting a proposal for the water and sewer improvements in the Town . - especially with respect to the old hospital area , including the 12 " water reinforcing main and the sewer replacement . He went on to say that the proposal will be ready for Town Board review at the May meeting . Water Commission Supervisor Desch reported that the its noon meeting today , the Commission conducted a special ceremony honoring Merle Bower for 6 years of dedicated service as our electrical technician . In spite of tight budgets and a wide variety of equipment , Merle responded to innumerable crisis and still was able to upgrade the system . The Oakcrest Pump Station now has a suitable plaque honoring him for his service . ® Investments i We have the opportunity to further increase the return on ® idle funds through recent federal and state legislative changes authorizing investments in time deposits , such as N . O . W . accounts . Jean Swartwood has already proceeded with an investment in a Super Seven Account for our quaraterly payments of water and sewer revenues , which we normally keep for about one month before paying the Water Commission and the City . The State Comptroller suggests that the action should include adoption by the Town Board , of a resolution authorizing those officials having custody over such funds to deposit them in N . O . W . , Super Seven or other accounts as appropriate . RESOLUTION NO . 39 by Supervisor Desch ; seconded by Councilman Jennings , Town Board Minutes - 5 - April 11 , 1983 RESOLVED , that the Town Clerk , Receiver of Taxes and the Town Supervisor are hereby authorized to deposit applicable Town funds received by them in N . O . W . accounts , Super Seven Accounts , or other appropriate time - deposit accounts , in the Town ' s officially designated bank or trust company . { Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none . Replacement of Supervisor ' s Bookkeeper ® Supervisor Desch stated that the vacancy in the position of Supervisor ' s Bookkeeper need filling , he is thinking of ® expanding the position somewhat . The Supervisor stated that the interviews with the Staff with regard to the job description for this position are continuing , noting that a salary of about $ 16 , 000 is supportable , and that he would shortly be scheduling a meeting of the Personnel Committee to discuss a specific proposal . He noted that the announcement for the meeting will a draft of the . ...: ... . . position description . He stated that if any of the Board members have thoughts about this matter , to please get in touch with him this week . Councilwoman Kiefer asked about the Personnel Committee receiving job descriptions for the Town personnel . Supervisor Desch responded that the job descriptions were updated about four years ago and that they would be updated again and distributed to the Personnel Committee , Attorney ' s Bill Supervisor Desch called the Board members attention to the detailed accounting in support of the bill for services of the Town Attorney that is being passed around . He noted that the bill was for 545 hours , of which , 162 hours was spent on Commonland . He went on to say that the bill was in the Warrants for this meeting . Town Engineer ' s Report Traffic Counts Town Engineer Lawrence Fabbroni stated that traffic count are about to begin , now that spring is here and the danger ® of the snow plows picking them up has passed . Last year they were done town -wide ; this year we plan to concentrate on the high volume areas to make sure we have accurate figures . ® Replacement Vehicles The Town Engineer went on to say that they have been allocating pick - up truck usage so that the people who need to use them would have a truck available . The schedule to replace pick - up trucks needs to be accelerated . One truck is in very bad condition . He went on to say that he would be coming before the Board soon , with a proposal for a car for the Town Engineer and a new pick - up truck for the highway department . He stated that now , the mechanic must drive one of the heavy trucks to get parts . He went on to say that he was only preparing the Board for a proposal to come later and that the bid for the four -wheel drive truck and snow plow had come in lower than was expected and this would help with the pick - up truck purchase . I Last Ithaca Circulation Town Board Minutes - 6 - April 11 , 1983 The Town Engineer stated that the Town Supervisor had pretty much covered the response by the County on the East Ithaca Circulation . The resolution from the County went further to throw cold water on the way Cornell has felt all along . He felt that there was a need to get back to the constituents the fact that the Town Board did not plot with the County to make it happen this way . Supervisor Desch responded that this was a difficult issue for the County to deal with . Instead of looking for common ® ground they backed away . We need to keep plugging away until we find a common ground . Route 79 and Burns Road ® Mr . Fabbroni stated that he had met with people from State DOT on Route 79 . They went over all the problems , including culverts and drainage problems on Snyder Hill . He reported that the State is involved in a repaving job on Route 79 . The regional DOT office ' s solution , for the Burns Road , was to taper their paving job back to the existing blacktop . The local office of DOT will help with the problems if we realign Burns Road , Supervisor Desch stated that he felt the Draft Environment Impact Statement for the Burns Road project should include all this and get it over with . The Town Engineer stated that the realignment follows the NYSEG right - of -way to Route 79 , to the section where the sight distance and vertical alignment is better . Councilman Kugler asked if the road would come out east or west of the poles ? The Town Engineer responded , probably east . Town Engineer Fabbroni went on to say that he had sent a letter to the City asking for their reaction to the land swap . The Town of Ithaca will take care of the necessary hearing and prepare the Environmental Impact Statement , Supervisor Desch stated that he sensed , from the Board , a consensus to move ahead . Councilwoman Raffensperger stated that she felt an item should be put in the Newsletter informing the residents that ® DOT was planning on repaving of Route 79 . . Supervisor Desch responded that it was too early to put anything in the Newsletter as the project was scheduled for ® 1984 . He agreed that it should be noted in the Newsletter at a time closer to the beginning of the project . The Town Engineer noted that the Northeast Transit carried 9 , 000 + passengers in March , the highest monthly total so far . Highway Superintendent ' s Report Highway Superintendent Robert Parkin noted that work began last month on the Stone Quarry Road drainage improvement . We have also raised the guard rails , in anticipation of paving the road . He went on to say that they were prepared to begin next Monday on the three crossings that were washed out . Then the men will be ready to work on the railroad crossing tie - in for the drainage . Town Board Minutes - 7 - April 11 , 1983 Supervisor Desch mentioned that by next month we should have a three -way agreement with the Town , the City , and Finger Lakes Parks with respect to the railroad right - of -way . He went on to say that 75 % of the welding had been completed on the north Forest Hom& Bridge . Also , assisted the Bolton Point Staff in raising about 30 valve boxes . We will start brooming next month . ® East Ithaca Circulation Councilwoman Kiefer , noting the folder circulating , with the County ' s Planning and Public Works Committee ' s resolution on ® the East Ithaca Circulation , asked if the topic will be going to the full County Board ; told it wouldn ' t , she pointed out that we therefore still don ' t know the County ' s Boards postion . She said the Planning and Public Works resolution disassociates the County from the East Ithaca Connector until the Town of Ithaca and Cornell University agree on a specific proposal . Planning and Public Works feels the East Ithaca Connector is limited in area since Dryden is not interested . Supervisor Desch commented that it is really of regional importance , so that Tompkiris County should be involved . But in any event , the Town of Ithaca won ' t reneg in its commitment to Forest Home , Councilwoman Kiefer reite .r. ated her suggestion that this information be summarized :ir1 the Newsletter . Six Mile Creek Councilwoman Kiefer asked who is the Town ' s representative on the Six Mile Creek Committee ? Supervisor Desch responded , Montgomery May is the Town ' s representative , although Peter Lovi attended the first meeting . The Six Mile Creek Committee will walk the creek on April 23rd , rain date April 30th . Also , there will be another walk the second week in May . ® Committee Reports I Parks and Recreation ® Councilwoman Raffensperger reported that the Parks and Recreation Committee had met on March 31st and reviewed the 1983 park work program , including analysis of costs for each project , projected machinery and labor costs , required materials costs and the work force composition necessary to accomplish the program . Mrs . Raffensperger went on to say that it is anticipated that the Committee will have recommendations concerning proposed revisions to the Park budget at the May Town Board meeting . The Committee will be discussing these questions further at the April 28th meeting , after having some technical questions answered as to state accounting requirements . The Committee discussed the potential advantages to the Parks budget of participating in a Town unit price bidding system , even though the Park program involvement would vary _. ct_; 1. 1 from :Lr tc, vE, ar . Town Board Minutes - 8 - April 11 , 1983 With respect to the Lehigh Valley Railroad overpass , the design will come to the Town Board for review , as requested by the Supervisor , with construction scheduled to begin in July or August . Councilwoman Raffensperger concluded , in general , 1983 work will be completed at Tareyton , Sandra Place , Salem and Tudor , seeding and landscaping at Eastern Heights , in the Spring ; bikeways and walkway work , along with additional work at Eastern Heights , in the latter half of the year . ® Public Safety Councilman Jennings reported that there were not committee ® meetings , but a meeting had been held with Town Engineer Lawrence Fabbroni , Town Planner Peter Lovi and himself to respond to the City ' s request about schedules and what were the Town ' s fire service objectives . Insurance service rating has a direct bearing on what people pay . Hopefully , insurance rates can be reduced . Councilman Jennings went on to say that a meeting will be held with Chief Tuckerman on Wednesday to review one factor , how to get water to a fire faster . This is not something Chief Tuckerman can do alone , water service needs to be extended to rural areas . The Chief did buy new hoses , but this is about all he can do . Last Saturday was Volunteer Fireman ' s day . An article should be included in the Newsletter , encouraging people to participate in the volunteer activity . Codes & Ordinance Committee Councilman Cramer reported that the Codes & Ordinance Committee had met on March 14th to review the Unsafe Building Ordinance . The section on notification was the part that was revised the most . Councilman Cramer that the ordinance is now ready to be stated sent to the Town Board for their review and the scheduling of a public hearing . Councilwoman Kiefer said she got no notice of this meeting until one hour before , and when she asked the subject of themeeting , no one in the office could tell her . She wondered whether other people had such short notice . Councilman Cramer said there was an apparent mix - u ® notification , p in Councilwoman Raffensperger asked that all Board member receive a copy of the committee meeting s ® anyone with input could attend the committee ee angs SO the Councilwoman Kiefer said further substantive questions about the intent t of she p had some art- --- Ordinance and about how the notification process willfwork , She indicated a full Codes and Ordinance Committee meeting c:Iould be appropriate . Supervisor Desch asked Councilwoman Kiefer to circulate her marked up copy of the Ordinancw with her questions to read ; she agreed . for all Supervisor Desch asked Town Planner Peter Lovi to give him a copy of the revised ordinance and he would send it to the Board members with a cover letter . Town Board Minutes - 9 - April 11 , 1983 SPRING CLEAN - UP RESOLUTION NO . 40 Motion by Councilman McPeak ; seconded by Councilwoman Kiefer , RESOLVED , that the Town Board of the Town of Ithaca hereby establishes Monday , May 2 , 1983 , as Spring Clean -up Day in the Town of Ithaca . ® ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ® INSTITUTE FOR LOCAL HISTORIANS RESOLUTION NO , 41 Motion by Councilman Kugler ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Helen Blauvelt , Town Historian to attend the Institute for Local Historians at Rensselaerville , New York , from April 17 to April 20 , 19830 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Councilwoman Kiefer stated that Helen Blauvelt was the speaker at a meeting she had attended recently and the Dr . Blauvelt had put together a first - rate slide show , which she commands to our attention . ADVANCE ACCOUNTING SCHOOL RESOLUTION NO , 42 Motion by Councilman Jennings ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Sally Alario to attend the Advanced Accounting School at Big Flats , New York , May 10 , 11 , and 12 , 1983 , sponsored by New York State Department of Audit and Control . ® ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ® NEWSLETTER Councilwoman Raffensperger requested that a sentence be added to the April Newsletter reminding Town residents to notify the Town Clerk if their dog should die . Councilwoman Kiefer suggested that the paragraph on Town Legislative Activities relating to rezoning should state what the area was rezoned to , i . e . , multi - family . Both Councilwoman Kiefer and Councilwoman Raffensperger requested that the County Resolution pertaining to the East Tthaca Connector be referenced in the Newsletter under the section on Forest Home Traffic and Circulation . Councilwoman Kiefer also suggested that if there is room we . could alert Town residents to the fact that ACC has approach us for a cable TV rate ii _ crease , and assuring them that . it ' rE� W J. i. E' _ i ! %? C). T l ; ! i3 , . 4 , "' v . Town Board Minutes - 10 - April 11 , 1983 Councilman Jennings suggested that a paragraph be added to the Newsletter on the Fire Safety Committees negotiations with the City for a new contract . He felt that a comparison should be made of the 1972 and 1983 budgets . Councilwoman Kiefer felt that Town residents should be encouraged to volunteer for the fire service . Councilman McPeak asked if the City still has bunkers ? ® Supervisor Desch responded , yes . Councilman Jennings stated that the City . has started sending three companies to a fire . Y Town Engineer Fabbroni stated that he felt three companies responding to each call would discourage good volunteers . Councilwoman Raffensperger asked what percentage of the volunteer firemen are from the Town ? Supervisor Desch responded , the percentage of Town volunteers is high . TV FRANCHISE Supervisor Desch stated that talks with ACC are progressing , which will lead to a public hearing . Councilwoman Kiefer is the Town ' s representative on the Cable Commission . He stated that he was proposing that Councilman McPeak be added to the committee for the negotiations , because of his particular expertise in this area . The Supervisor went on to say that the first meeting with the manager of ACC would be held before the end of April . Councilman McPeak noted that discussions were being held with the City . He asked if the Town has a separate franchise ? Supervisor Desch responded , yes . We have been asked for a price raise plus other items . He went on to say that the first meeting will be introductions and a discussion on what the new contract includes . Councilwoman Kiefer stated that it is too soon to talk about a public hearing , since it was up to the committee to get all the information we need before the public hearing . ® Supervisor Desch noted that ACC was required q red to provide five years of financial records . ® Councilwoman Kiefer said she assumed this Town Cable TV Committee would be three persons , with herself , Councilman McPeak and Town Attorney ; she asked who in the Attorney ' s office would be assigned to this subjects Supervisor Desch said he would inquire . PERSONS TO BE HEARD No one present wished to speak , at this time . Town Board Minutes - 11 - April 11 , 1983 JOINT SCOPING SESSION Supervisor Desch stated that Councilwoman Kiefer had prepared a draft resolution for consideration this evening . As Mrs . Kiefer stated in her cover memo , " The resolution is in response to the March meeting in which the Town Board declared itself lead agency in the matter of revision of subdivision regulations - - we did this since we have the authority and the responsibility for amendment . At that time , discussion suggested that , although we must retain ® this prior - - i . e . , to review and propose revisions , and be responsible for preparation of a DEIS . We prefer to have the Planning Board do the actual work on the DEIS since they are better equipped to do that . Such an arrangement is best ® formalized by a resolution " . Councilwoman Kiefer suggested that a copy of the resolution be sent to interested groups . Supervisor Desch responded that this will be an informal scoping session and that there could be legal ramifications if the Town sent out notices . He suggested that Board members could send copies to other interested parties . RESOLUTION N0 , 43 Motion by Councilwoman Kiefer * seconded by Councilman McPeak , WHEREAS , the Town Board of the Town of Ithaca has requested the Planning Board to review and propose revision to the Town ' s regulations , and as part of the Planning Board ' s process , it prepared an Elul, in the matter , the review of which led the Planning Boa .r_ d to recognize that subdivision regulations review should be considered a Type I action under SEQR and under Town of Ithaca Local Law No . 3 of 1980 , and WHEREAS , the Town Board has reviewed these Planning Board findings , and concurs , THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca , lead agency in this action ( by virtue of having the power to adopt and amend subdivision regulations ) , determines that revision of subdivision regulations is a Type I action , with the potential for significant environmental impact , and that therefore a DEIS must- be prepared . To this end , the Town Board directs the Planning Board to prepare such DEIS and the Town Board will hold a joint scoping session with the Planning Board at 7 : 00 p , M , , on May 9 , 1983 , for all affected agencies and interested parties to help focus the DEIS . ® ( Desch , Kugler , Raffensperger , Cramer M Jennings voting Aye . Nays - none ) , cPeak , Kiefer and SET DATE FOR PUBLIC HEARING ON ZONING LAW Councilwoman Kiefer stated that she felt it was premature to set a date for a public hearing on the Zoning Law . The last time the Board set public hearings they kept being postponed and still we were paying for legal ads . It ' s foolish to pay for legal ads , only to have the hearing postponed . Councilman Cramer responded that in fact , by setting dates for public hearings , you are telling the legal staff of the necessary deadlines . Town Board Minutes - 12 - April 11 , 1983 Councilwoman Kiefer responded that she did not understand why you cannot give the legal staff a deadline without advertising a public hearing . . Councilwoman Raffensperger stated that as one who has expressed some impatience about the long wait to adopt the Zoning Law , she believed we should go ahead and schedule a public hearing . RESOLUTION NO . 44 ® Motion by Councilwoman Raffensperger ; seconded b Supervisor Y p sor Desch , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on June 13 , 1983 , at 7 : 00 P . M . , at the Town Hall to continue consideration of adoption of the proposed Zoning Law . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Councilman Kugler stated that he .was concerned about the Board being caught between ordinances . Councilwoman Raffensperger stated that a lot of water has gone over the zoning dam , if people have additional input they should give their Department , to the Planning Department . Councilwoman Kiefer responded that maybe there will be suggestions from the legal department . She questioned when will we hear from them ? She hopes to have in hand the Zoning Ordinance with any additional revisions by the beginning of June , if we are really going to consider it at our June meeting .. Town Planner Peter Lovi responded that the complete Zoning Law had been put on the word processor and that changes would be made as soon as they are received . He agreed to give a copy of the Zoning Law to the Town Clerk by June 1st , with any and all updated revisions included . CONSIDERATION OF REZONING FROM RESIDENT 15 DISTRICT TO MULTIPLE RESIDENT DISTRICT , TAX PARCEL 6 - 44 - 2 - 9 . SCHULTHEISZ PROPOSAL . ( ROBERT Proof of posting and publication notice of a Public Hearing to consider the rezoning from Resident 15 District to Multiple Resident District , Tax Parcel 6 - 44 - 2 - 9 . ( Robert Schultheisz proposal ) having been presented by the Town ® Clerk , the Supervisor opened the public hearing , reminded the Board members that they had received the Planning Board ' s recommendation on the rezoning , and turned the floor over to Mr . Schultheisz , Mr . Schultheisz stated that he proposed to build an eight unit apartment on the corner of East King Road and Ridgecrest Road . The development will have a blacktop parking lot with twelve spaces . The building will be fifty feet from the road , with landscaping in the back , to hide the back of the building from the neighbors . Drainage will go down the back to King Road . The apartments will be hooked up to the sewer . The footer drains will drain into the culvert by the road . Supervisor Desch questioned the density . He noted that the density was higher than the density allowed for Majestic ' ieights , across the road . Town Board Minutes - 13 - April 11 , 1983 Mr . Schultheisz stated that if the density were not allowed , he would have to go back to Mr . Erdman and see if he could purchase another acre . Supervisor Desch asked Mr . Schultheisz if he had checked on other available vacant land already zoned multi - family ? ' Mr . Schultheisz responded yes . Some people did not want to sell , others priced too high and I couldn ' t afford them . ® Councilman Kugler asked if the 50 ' measurement was from the center of the road ? Ask Mr . Schultheisz responded , from the edge of the road . Councilman Kugler stated that he felt the visual impact was quite high . Councilwoman Raffensperger questioned the rezoning of one acre out of a larger parcel . As no one present wished to speak for or against the rezoning , the Supervisor closed the public hearing . Supervisor Desch asked if the Board had any questions on the Environmental Assessment Form , as a negative declaration has been indicated . Councilwoman Kiefer stated that she got the impression , from the Planning Board minutes , that if the proposal were to be located across the road , there would not be so many problems , because the Board just rezoned the 30 acres . Town Engineer Fabbroni answered , yes that is right . Just rezoned 30 acres across the road , plus there is other available land in the area . Lots of land for landscaping and screening to hide the parking lot . The proposed apartment house is across the road from an unprotected home . Supervisor Desch stated that he thought he heard Board concern that there was already sufficient multi - zoned acreage in the area . He went on to say that as Councilwoman Kiefer indicated , the 30 acres across the road could absorb an apartment house easier . Mr . Schultheisz stated that he felt the density was already there . Councilwoman Raffensperger stated that before the Zoning Ordinance was passed , the Board took on a responsibility to respond to neighborhood needs and protect residential houses ® that are already there against small parcels that are next to them . We assured residents of our responsibility when we Put- in multi - residence zones . Councilman Kugler noted that the Planning Board came down hard and stood firm on spot zoning next to existing houses . Supervisor Desch said if this were rezoned , the owner of the rest of the parcel might perceive he had a real precedent . Nir . Schultheisz stated that he felt the response from the neighbors showed that they were not concerned - no one is present to object . RESOLUTION NO , 45 Motion by Councilwoman Raffensperger ; seconded bh Councilman Town Board Minutes - 14 - April 11 , 1983 RESOLVED , that the Town Board of the Town of Ithaca hereby- denies approval of the rezoning of Tax Parcel 6 - 44 - 2 - 9 ( Robert Schultheisz ) from Residential - 15 District to Multiple Residence District , Supervisor Desch asked Councilwoman Raffensperger is she was willing to amend her motion to include approval of the Short Form Environmental Assessment ? Councilwoman Raffensperger indicated that she was willing to include the Short Form Environment Assessment in her resolution . ® AND FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Environmental Assessment Form ( Short Form ) as completed . The Supervisor called for a roll call vote . Councilman Cramer Voting Aye , Councilman Jennings Voting Aye , Councilwoman Kiefer Voting Aye . * Councilman Kugler Voting Aye . * * Councilman McPeak Voting Aye . Councilwoman Raffensperger Voting Aye , Supervisor Desch Voting Aye . * Councilwoman Kiefer stated that the drawing supplied by Mr . Schultheisz looks good , that he had done a good job of planning for this lot ; she also stated that rezoning this would not be setting a precedent since this is a unique triangular corner parcel . She also stated that she was impressed with the lack of neighborhood opposition , as evidenced by no participation in the public hearing . She -" was somewhat reluctantly voting against the rezoning purely because of the Board ' s long - standing concern against spot zoning . * * Councilman Kugler stated that he was upholding the recommendations against spot zoning . i The resolution was duly adopted . Town Engineer Fabbroni stated that this was a bad case to draw a conclusion on neighborhood feelings , as it follows close to the rezoning of Majestic Heights . The neighbors might not be interested or feel their opposition would be to ® no avail because of the rezoning of Majestic Heights , which just took place . ® TOWN OF ITHACA WARRANTS RESOLUTION N0 , 46 Motion by Councilman Jennings ; seconded by Councilman P. cPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated April 111 19831F in the following accounts : General Fund - TownWide . . . . . . . . . . . . . . . . $ 38 386 . 08 General Fund - Outside Village . . . . . . . . . $ 29 217 . 60 Highway Fund . . . ' . . . . . . . . . . . . . . . . . . . . $ 28 , 994 . 29 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . $ 207 , 003 . 07 Lighting Districts Fund . . . . . . . . . . . . . . . . $ 277 , 29 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . $ 4 , 703 . 29 Town Board Minutes - 15 - April 11 , 1983 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 47 Motion by Supervisor Desch , seconded by Councilman Jennings , ® RESOLVED , that the Bolton Point Warrants dated April 11 , 1983 , in the Operating Account are hereby approved , in the amount of - . $ 54 , 533 . 42 _ after review and upon the ® recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . UNSAFE BUILDINGS Supervisor Desch stated that no date would be set at this meeting , for a public hearing on a . local law governing unsafe buildings . MINUTES There is a revision of the December 30 , 1982 , minutes available ; Supervisor Desch suggested the Board read it over , and those of us who voted in favor may move for reconsideration at the next meeting . ADJOURNMENT t The meeting was duly adjourned at 7 : 25 P . M . o�n,.0 ler k