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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