HomeMy WebLinkAboutTB Minutes 1984-01-19 TOWN OF ITHACA
SPECIAL BOARD MEETING
January 19 , 1984
At a Special 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 12 : 00 noon , on the 19th day of
January , 1984 , there were :
PS ' : Noel Desch , Supervisor
George Kugler , Councilman
Shirley Raffensperger, Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
ABSENT : Henry McPeak , Councilman
ALSO PRESENT : James V. Buyoucos , Town Attorney
Lawrence Fabbroni , Town Engineer
Peter Lovi , Town Planner
Representatives of the Media .
Darryl Geddes , WTKO
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
WATER AND SEWER BENEFIT UNIT REFUNDS
RESOLUTION N0 , 15
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes a refund of $52 . 00 for one unit of water and $ 50 . 00 for
one unit of sewer , for a total refund of $ 102 . 00 for water and
sewer benefit charges on the 1984 tax warrant of Ram N . Sahni , 215
Pennsylvania Avenue , Ithaca , New York, Tax Parcel No . 54-5-1 due to
the fact that the Building Permit , when issued listed a two family
dwelling, however , only a one family dwelling was built , and
FURTHER BE IT RESOLVED , that said refund be issued to Mr . Sahni
upon the payment in full of his 1984 tax warrant .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
RESOLUTION NO , 16
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
WHEREAS , Hugh and Elsie G . Howarth have been charged the following
benefit units on the following properties :
Tax Parcel No . 6 -49-1-20 --- Water 2 . 2
Town Board 2 January 19 , 1984
Tax Parcel No . 6 -49-1-21 . 12 --- Water 4 . 2
and ,
WHEREAS , due to overhead NYSEG power lines and utility
rights-of-way , the proper charges should be :
Tax Parcel No . 6 -49-1-20 -- Water 1 . 8 '
Tax Parcel No . 6-49-1-21 . 12 -- Water 3 . 4
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that upon payment of 1984 Town and County Taxes the Howarths
be refunded a total of 1 . 2 units , or $ 62 . 40 .
® ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
OFFICIAL DELEGATE AND ALTERNATE - ASSOCIATION OF TOWNS MEETING
RESOLUTION NO , 17
Motion by Supervisor Desch , seconded by Councilman Kugler ,
RESOLVED, that the Town Board of the Town of Ithaca hereby appoints
Councilwoman Shirley Raffensperger the Official Delegate to the
Association of Towns of the State of New York, to be held at New
York City , February 19th through February 22 , 1984 , and to attend
the Business Session , of the Association of Towns , on February 22 ,
1984 , and to cast the vote of the Town of Ithaca , and
FURTHER BE IT RESOLVED , that Jean Swartwood , Town Clerk is hereby
appointed as Alternate Delegate to the Association of Towns and in
the absence of the Delegate , cast the vote of the Town of Ithaca .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
TOWN SUPERVISORS TRAINING SCHOOL
RESOLUTION NO . 18
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the Assistant Budget Officer to attend the Town
Supervisors Training School at the Quality Inn Gatehouse in
Rochester , New York , January 24 , 25 , and 26 , 19840
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
SUBDIVISION RDGUTATION FEIS
® Supervisor Desch asked the Town Planner when the Town Board
approved the draft .
Town Planner Peter Lovi responded that the draft was approved in
December . Mr . Lovi went on to say that most of the changes were on
procedure and were made between the October and December meeting .
The draft that was filed in December was available to the Town
Board members . We received no convents . Now there are at least
two Board members , and maybe more , who now have comments .
791
Town Board 3 January 19 , 1984
Supervisor Desch suggested that perhaps it would be best to wait
until the Town Planner has received all ccmaents before adopting
the FEIS on the Subdivision Regulations .
Mr . Lovi responded , it will be March before we can accept the
statement .
Town Attorney Buyoucos suggested it would be better to wait and
adopt the FEIS after the Subdivision Regulations discussion had
been ccnpleted .
FEDERAL REVENUE SHARING TRANSFERS
® RESOLUTION NO , 19
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WHEREAS , Town Engineer , Lawrence Fabbroni presented to the Town
Board his recommendation to purchase the following equipment and
the approximate cost of same :
Steam Cleaner $ 2 , 000
Parts Washer 300
Wheel Jack 500
Floor Jack 600
Mechanic ' s Tools 600
Safety Equipment 400
Plow for Truck # 4 21800
AND WHEREAS , after the completion of a study cn the feasibility and
cost return for insulation improvements at the Town Highway
Maintenance Facility , the Town Engineer recommends the improvements
shown in the Summary ( copy attached) at a cost of $ 2 , 100 , and
WHEREAS , $ 10 , 000 of Federal Revenue Sharing Funds have been
allocated for the insulation project at the Highway Facility ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes the reappropriation of the $10 , 000 in
Federal Revenue Sharing Funds allocated for insulating the Highway
Facility as follows :
Insulation Improvements at
Town Highway Maintenance Facility $ 21200
Equipment 51000
Plow for Truck # 4 21, 800
Total $ 10 , 000
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
CONTINGENCY TRANSFERS
® Councilman Cramer asked what the total cost of the engine
replacement would be ?
Town Engineer Fabbroni responded , between $ 7 , 000 and $ 8 , 000 .
RESOLUTION NO . 20
Motion by Councilman Bartholf ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes a 1983 Budget Year-end transfer of $1 , 312 . 54 from Parks
991
ti
S LTPM��RY
COST SAVINGS
A . WEATHEPSiRIPPING 134 ?
Be GARAGE THERMOSTAT AND LOFT ENCLOSURE
400 thermostat 20
heat tape and thermostats for pipes 88
loft enclosure . 450
loft fan and vent 120
loft heater 200 + 100 /yr
sub totals 878 1800 +
C . SHOP TH RMOSTAT 180
• 100
D . LIVING AREA THE_RpkK)STAT 100 90
E . LIVING AREA CONCRETE BLOCK INSULATION 290 90
F , GARAGE CONCRETE BLOCK INSULATION 530 150
totals 2032 2310 +
12
Town Board 4 January 19 , 1984
Construction , Account No . RC 7110 . 2 to Parks Construction , Account
No . RC 7110 . 4 , and
FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby authorizes the 1983 Encumbrance of Machinery Account No . DM
5130 . 4 in the amount of $3 , 123 . 40 for the partial cost of a
replacement enginer for Truck # 3 purchased fran Syracuse Supply .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
WALTER J . & JOYCE WIGGINS REZONING
® Supervisor Desch noted that the Board members all had copies of the
revised EAF . He went on to say that the resolution on the rezoning
of the Wiggins lands was less than perfect . The rezoning should be
reconsidered after a new EAF , new resolution with Planning Board
conditions , and a metes and bounds descriptions have been presented
to the Town Board ,
RESOLUTION N0 , 21
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
WHEREAS , by Resolution adopted January 9 , 1984 , the Town Board of
the Town of Ithaca , pursuant to the provisions of the Zoning
Ordinance , rezoned from R-30 to Multiple Residence , a parcel of
land consisting of 20 . 4 acres located on Tax Parcel Number
36 -1 -4 . 2 , west of the Ithaca-Darby State Highway and owned by
Walter J . and Joyce Wiggins . It is now ordered that a further
Public Hearing be held at 6 : 45 P .M . , on February 13 , 19844F to
consider a recession of the prior resolution and to adopt a new
resolution with modifications and additions .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
SET DATE . FOR PUBLIC HEARIWU ON WATER/SEWER ORDER
Supervisor Desch stated that the setting of a date for a public
hearing will need to be postponed . This item may be considered at
a special meeting in February .
LAKE SHORE WEST
Town Planner Peter Lovi stated that the developers had met with
Town Engineer Larry Fabbroni and himself to %urk on the completion
of the long form of the Environmental Assessment Form . He went on
to say that he had prepared a resolution making the Town Board the
lead agency . The Town Board needs to make a determination .
Town Supervisor Desch asked the Board members if they could forsee
® any problems with the Town Board being lead . agency ? No one could
see any problems .
RESOLUTION N0 , 22
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca shall act as
lead agency in the coordinated environmental review of the
development proposal known as "Lake Shore West " and that the
Sol
Town Board 5 January 19 , 1984
developer should submit a Environmental Assessment Long Form to the
Town Board for a determination of significance ,
IT IS FURTHER RESOLVED , that a copy of this resolution , and a
completed EAF will be sent to all affected agencies , who will then
have fifteen ( 15 ) calender days within which to contest this
designation .
Councilman Cramer asked if Mr . Knowlton would be appearing before
the Planning Board now?
Peter Lovi responded that Mr . Knowlton spoke informally to the
Planning Board and he will be going back again . However, no action
® can be taken by the Planning Board until the Town Board makes a
determination . If the determination is not positive , then no
further action will be taken . If there is a positive determination
then a draft EIS will be required . There is a 30 day comment
period following acceptance of the finding statement .
Mr . Lovi went on to say that he expected to do his review before
the Planning Board meets but at least a week before the Town Board
meets . If the Town Board passes the resolution , tonight , to be
lead agency , I will distribute the EIS dated January 6 , 1984 to the
Board and other effected agencies .
Councilman Cramer asked if the Town Board could have the EAF ten
days before the meeting?
The Town Planner responded that the developer is required to have
the EAF completed fifteen days before the meeting .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
INSURANCE VOUCHER
The Supervisor stated that a voucher had been received from
Boothroyd Agency , Inc . Mr . Boothroyd has requested that if
Possible , payment be made before the February meeting .
RESOLUTION NO , 22
Motion by Supervisor Desch ; seconded by Counci]man Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
for payment , the voucher received from Boothroyd Agency , Inc . , for
$ 28 , 877 . 44 .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
WIGGINS REZONING
® Councilwoman Raffensperger questioned if the Board had set a date
for a public hearing on the Walter Wiggins rezoning?
Supervisor Desch stated that he felt it was now premature to set a
date for a public hearing .
Town Attorney Buyoucos agreed it definitely was premature .
Town Planner Lovi remarked that the Board could hold a public
hearing for the scoping session .
OR
Town Board 6 January 19 , 1984
Councilman Cramer asked the Town Attorney if the Town Board should
react to a request for rezoning before site plan approval ?
The Town Attorney responded , usually it ' s the other way around .
Rezoning means changes in usage . A developer has the right to go
to the Planning Board first .
Supervisor Desch stated that he felt the Sown Board should have a
scoping session , separate , before a public hearing is held .
Town Planner Lovi remarked the rezoning goes to the Planning Board
first for their recommendation on rezoning , then the Town Board
reviews the ESF and makes a determination . He reminded the Board
® that they must react within so many days after receiving the SEQR
review.
Supervisor Desch remarked that the Board could set the date for a
public hearing after looking at the Environmental Assessment Form.
A scoping session could be scheduled for the 13th of February .
Councilwoman Raffensperger remarked that she and Councilman Cramex
were confused on the time for catments . Peter Lovi will provide
the Board members with a time schedule .
Town Attorney Buyoucos asked if the it wasn ' t proper for the public
to be informed ?
Peter Lovi responded , a determination is made before scoping , if
negative , then it goes to the Town Board for scoping . He went on
to say that an applicant submits a long forth , Environmental Impact
Statement , if negative finding then there is no further action . If
Positive , then the Board can say they will look further at the
areas of concern . A public hearing on scoping is not mandated by
law.
Supervisor Desch suggested that a Box Ad be placed in the Ithaca
Journal stating that the Town Board will review the long form
Environmental Assessment Form inorder to make sure it is in order
before making a determination .
Councilwoman Raffensperger asked if the ad shouldn ' t say we are
holding a scoping session ?
Peter Lovi responded , no . That could mean you already made a
determination . Once the determination is made than Mr . Wiggins can
go to the Planning Board for rezoning .
RESOLUTION NO , 23
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca review, if
available , the long form Environmental Assessment Statement at its
Regular meeting on February 13 , 1984 , and to advertise said review
in the form of a Box Ad in the Ithaca Journal .
® ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf
voting Aye . Nays - none ) .
Town Planner Peter Lovi stated that the developer had noted that
the Enviornmental Assessment long form did not have adequate space
for comments . He stated that it would be easier for him to type
the answers into his word processor . However , he warned the Board
that it would not come back in the same form as the printed form .
Town Board 7 January 19 , 1984
SUBDIVISION REGULATIONS
The Town Board reviewed the Subdivision Regulations . Board changes
are to be given to the Town Planner for his and the Town Attorney ' s
review.
Supervisor Desch stated that the Town Attorney will be working with
the Town Planner on the definition of public utilities .
Town Attorney Buyoucos questioned the time limit of six months .
What was the purpose of the six months ?
Town Planner Lovi responded , so that the developer will not be held
® up unduly .
The Town Attorney said , let ' s assume there was to be a pump station
or Town Barn in this area , twelve months might be more flexible . I
don ' t think that if the Town Board does not act in six months time ,
you can take away the authority .
Supervisor Desch stated that he could think of several instances
where the Town Board held an option for over ten years before
acting .
Town Engineer Fabbroni remarked , we already have a Cmprehensive
Plan that shows future improvements .
Town Attorney Buyoucos remarked that the law now requires you to
have good faith negotiations . It ' s just a question of the period
of time . The Town Board and Planning Board has a great amount of
descretion , we don ' t want to limit it by waivers .
After discussion , it was decided the Board would hold a work
session on the 25th of January , to discuss further the Subdivision
Regulations .
ADJOURNMENT
The meeting was duly adjourned .
Town C1 k