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HomeMy WebLinkAboutTB Minutes 1984-07-09 TOWN OF ITHACA REGULAR BOARD MEETING July 9 , 1984 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 9th day of July , 1984 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer, Councilman Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ALSO PRESENT : Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer REPRESENTATIVES OF THE MEDIA : Zena Sternbach , FM 93 News Mitch Montagna , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Ithaca Area Wastewater Treatment Facility Supervisor Desch stated that it had been a special day today , the groundbreaking for the for the Ithaca Area Wastewater Treatment Facility . The culmination of eleven years of hard work and a new beginning . He %ent on to say that he would like to thank all the Town Board members for coming to the activities . The Supervisor went on to say that it was nice to see State and Federal officials on hand and many of the people who supported us throughout the years . My appreciation to our Town staff for the fine job in preparing the ceremony and in particular , a special thanks to Jean Swartwood for the excellent job she did in coordinating the luncheon arrangements . ® Fire Service Master Plan Supervisor Desch noted that we are now moving forward into a new major planning effort . The joint City/Town Planning Ccn¢mittee is in place and our first meeting will be held soon . The group will not only be looking at Fire Station needs but personnel , equipment and techniques required to serve the City/Town . We look forward to this with great anticipation . A year from now, if not sooner , we will have established a plan to assure optimal fire protection needs of our Town and City . He noted that he has appointed Marc 96T Ia . i� PLANNING AND ENGINEERING REPORT Lawrence P . Fabbroni , P . E . Town Engineer JUNE 11 through JULY 9 , 1984 Water - Preparation of Contract Documents for ' 84 Water and Sewer and Improvements , including : Sewer ( 1 ) Preparation of Completed Drawings and Specifications for Bid ( 2 ) July 2 , 3 , 4 , 1984 Advertisement Dates ( 3 ) July 10 , 1984 Pre - Bid Conference Meeting ( 4 ) July 27 , 1984 Bid Opening ( 5 ) Further negotiation of Remaining Easements ( 6 ) Preparation of Health Department Submittal Parks - General Maintenance - Completed reseeding Tareyton and Eastern Heights Work begun to complete Forest Home Walkway Budgeting for 1985 Refinement of Comprehensive Plan Support for Landscape Design of Sewage Treatment Plan Burns - Completion Part I of Tree Removal Road - Beginning of Heavy Machinery Grubbing and Clearing Operation Completion of design layout Phase I with ground controls - Preliminary design layout for 1985 realignment to SR79 Agreement with City for use of Six Mile Creek gravel Computing , - Continued investigation of municipal accounting packages and WP , DP services with staff recommendation Development of planning and engineering software interaction Lotus 1 , 21 3 Develop- - Sapsucker Woods Road ( Lucente ) - - refinement of conditions ment for Town Board action ; review of La Tourelle plans ; two - lot subdivision , 1526 Slaterville Road ; monitor Reviews of Monkemeyer proposal to extend public utilities Sewer Completion of details to award contract , prepare and execute Treatment Contract Documents , give Notice to Proceed , establish Job Plant Site Communications , coordinate City stockpile and utility removals on site , etc . Assist in preparation of Advanced Treatment Study of Cayuga Lake of Lake conditions before and after Lake Outfall construction Completion of DEC Project Management Seminar Miscella - - 1 ) Attended 1 - day seminar in Syracuse for Supervisors neous - 2 ) Agreement with City on swap of Fall Creek gravel for Six Mile Creek gravel 3 ) Hired - one Job Training Summer Worker - seven Summer Youth Workers one Cornell Tradition worker 1 r� Planning and Engineering Report 6 / 11 / 84 through 7/ 9 / 84 L . P . Fabbroni , Town Engineer 4 ) Study of Sight Distance Problem , Honness Lane and Pine Tree Road - 5 ) Study of Drainage Problem , Coddington Road - 6 ) Study of Drainage Problem , Park Lane - 7 ) Hiring of Assistant Town Engineer 8 ) Preliminary discussions with County Staff on long - range agreement for maintenance of Biggs utilities LPF / nf 7 / 9 / 84 2 Town Board 2 July 9 , 1984 Cramer , Gloria Howell and Monty May to join him in this most critical effort . Water/Sewer Project The 1984 water/ sewer project , including water/ sewer service to Bundy Road , loop connections on Danby Road and service to Sugarbush Lane is out for bid and the opening will be July 27 at 11 : 00 A .M. This entire effort has been done in-house and the Board members are encouraged to look at the final drawings . Mike Ocello and Bob Flumerfelt have done an outstanding job . Supervisor Desch informed the Board of a letter received from New ® York State Department of Environmental Conservation regarding the annual inspection of the Cayuga Inlet Flood Protection Project which is scheduled for July 26 , at 9 : 30 A . M . Also a letter from Robert Dutcher regarding the retirement dinner planned for Thomas Payne , on August 1 , 1984 . Town Engineer ' s Report Town Engineer Lawrence Fabbroni gave the Board members a copy of his engineering report for the period of June 11 through July 9 , 1984 . (Copy attached to minutes ) . Councilman Cramer asked if the railroad tracks ( on South Hill) belong to the Town or the City ? Town Engineer Fabbroni responded both . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that most of his report was included in the Town Engineer ' s report . He noted that the Highway crew were completing the welding of the Forest Hone Bridge deck plates . Councilman Cramer asked the Highway Superintendent if the Town was getting optimal use of the Burns Road crew? There have been reports that the crews are leaving early . Superintendent Parkin responded that to his knowledge , the crews were not leaving early and that the Town was getting optimal use of the crew . COMMITTEE REPORTS Codes & Ordinance Committee Councilman Cramer stated that the Committee had no report . Parks & Recreation Committee ® Councilwoman Raffensperger that the Committee had proposed an agenda item to be considered later in the meeting . Public Safety & Youth Committee Supervisor Desch noted that the Committee had no further report . BOND RESOLUTION - WATER/ SEWER PROJBCr X61 WIGGINS, HOLMBERG, GALBRAITH AND HOLMBERG ATTORNEYS AND COUNSELORS AT LAW 308 NORTH TIOGA STREET P. O. BOX 399 WALTER J. WIGGINS TELEPHONE STANLEY TSAPIS (1932-1977) ITHACA, N. Y. 14851 LAURA H. HOLMBERG (AREA CODE 607) DIRK A. GALBRAITH June 19 , 1984 mIACA 273'2040 . ANNA K. HOLMBERG JONATHAN A. ORKIN MARGARET G. GOLD sl it N . [ U 19. 84 i : 1 Mr . Noel Desch f� 1 Supervisor Town of Ithaca TOWN OF 1� HACA 126 -E . Seneca Street Ithaca , NY 14850 Dear Mr . Desch : We were finally able to close the sale of 163 Pearsall Place . Because of the 'way the documents were prepared by Mr . Buyoucos , recorded documents show a $ 1500 . 00 cost to my client which has not been paid and certainly has not been agreed to by my clients . I don ' t want to sound like a broken record , but this right of way has been used by the property owners for more than 40 years and after this time to threaten to charge them $ 1500 . 00 for it does seem excessive . I question very much that so much time was needed to resolve the issue and I can also point . out that it has cost several people a lot of money because of the year ' s delay . Mr . Fuerst who owned the property and began the request for the right of way , lost all - of his equity in the property and returned it to my clients who held the mortgage. . The buyer he had secured for the property lost her application fee and associated expenses with a local bank not to mention her attorney ' s fees . Mr . and Mrs . Mix lost one sale , the house remained unoccupied for a year , costing them several thousand dollars not to mention the aggravation from delays and other expenses . Mr . and Mrs . Mix recognize that the Town must charge something . We believe this should be a . nominal sum , however . I do request that . the matter of O v _ June 19 , 1984 Mr . . Noel Desch Re : 163 Pearsall Place the charge be taken up with the Board . I assume that it should be established by the Board before it ' s official . Very truly yours , C Laura H . Holmberg LHH : aht Town Board 3 July 9 , 1984 Supervisor Desch stated that no action would be taken on the item tonight since we are still waiting for the resolutions from the Bonding Attorney , ACCEPT BIDS ON NEW PICK-UP TRUCK Highway Superintendent Robert Parkin reported that bids had been received from Ray Stafford ' s Chevrolet in Dryden for a new 1984 Chevrolet Pick-up Truck in the amount of $ 8 , 825 . 80 and from William T . Pritchard , Inc . , of Ithaca for a new 1985 Dodge Pick-up Truck in the amount of $ 8 , 626 . 35 . The Highway Superintendent suggested the Board award the bid to William T . Pritchard , Inc . , as it was the ® lowest bid . Also , Pritchard ' s bid was for a 1985 truck whereas Stafford ' s was for a 1984 model . RESOLUTION NO . 101 Motion by Councilman MCPeak ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby award the bid for a new 1985 , two wheel drive , half-ton pick-up truck to William T . Pritchard , Inc . , of Ithaca , New York in the amount of $ 8 , 626 . 35 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . EASEMENT EXPENSES - 163 PEARSALL PLACE Supervisor Desch stated that he had received a letter from Laura Holmberg ( copy attached to minutes ) regarding the length of time that it took the Town to resolve the easement issue and the $ 1 , 500 . 00 amount charged for the easement . Town Attorney Buyoucos responded that the letter from Attorney Holmberg had been received by the Town on June 20th and that nobody had discussed it with him. He went on to say that he objected to this as a fact , after Mrs . Holmberg already had the papers . He again said that he objected very , very much - it ' s after the fact . Supervisor Desch asked the Board to think about the cost of the easement , and then decide if this is the right dollar figure or not . Town Attorney Buyoucos responded , it ' s the Town ' s right to decide . The Town has to be careful , this land does not belong to the Town it belongs to the taxpayers . Councilwoman Raffensperger stated that if the Board were to decide on the dollar figure , then they should look at other easements that have been granted . Town Attorney Buyoucos responded that each easement is different . ® For example , the Forest Hone licenses were encroachments on the highway not the same as the Pearsall Place easement . STORM [E'ER REPAIRS AT 263 CODDIN= ROAD Town Engineer Fabbroni showed the Board drawings of the drainage pipes in the area of 263 Coddington Road . Pipe number two was restrictive (partially blocked ) as it came across the road . He went on to say that he did not know if the Town has a legal right to work on drainage pipes on private property . He went on to say ON Town Board 4 July 9 , 1984 that Mrs . Agnes Benninger had a new pipe installed before the Town could advise her to put in a larger pipe . Supervisor Desch noted that the Town had received a bill from Mrs . Benninger for $ 776 . 00 . He went on to say that he did not know how the Town could justify paying this bill . He stated that he would indicate to Mrs . Benninger that he had brought her bill to the Town Board and the Board could not see how they could pay this bill . Town Engineer Fabbroni noted that the original pipe was replaced with a pipe smaller than the one under the County road . ® TOWN OF ITHACA TENTATIVE BUDGET RESOLUTION NO . 102 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on the Town of Ithaca Tentative Budget at 7 ; 00 P .M . , on September 27 , 1984 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . FEDERAL REVENUE SHARING RESOLUTION NO . 103 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on Federal Revenue Sharing at 6 : 30 P . M . , on November 8 , 1984 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . TOWN OF ITHACA PRELIMINARY BUDGET RESOLUTION NO . 104 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on the Town of Ithaca Preliminary Budget at 6 : 45 P . M . , on November 8 , 19840 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . ® SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TENTATIVE BUDGET RESOLUTION NO . 105 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on the Southern Cayuga Lake Intermunicipal Water Commission Tentative Budget at 7 : 15 P .M . , on November 8 , 1984 . z0z Town Board 5 July 9 , 1984 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER RAISING THE WATER SURCHARGE BY 5 % TO A TOTAL OF 10 % Supervisor Desch stated that if the surcharge were raised now , so that it would be reflected in the December billing we could take advantage of another quarter of revenue to build the funds to repair the Hungerford Hill Water Tank , Town Engineer Fabbroni added that it was hoped that in the next ® three years repairs could be made to both the Pine Tree Road and Hungerford Hill Tanks , then repair maintenance would be performed on the remainder of the tanks . RESOLUTION NO , 106 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing to consider raising the Water Surcharge by 5 % to a total of 10 % on August 13 , 1984 , at 7 : 00 P . M . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . FIRE CONTRACT WITH THE CITY OF ITHACA Supervisor Desch stated that no action will be taken on this agenda item tonight as we have not received comments on our proposals from the City , REVISED OPEN SPACE AND RECREATION PLAN Councilwoman Raffensperger presented the May 23 , 1984 resolution adopted by the Parks and Recreation Planning Committee . RESOLVED , that the Parks and Recreation Committee recommends to the Town Board of the Town of Ithaca that the Town Board take action to approve in concept the May 23 , 1984 Update of the Town of Ithaca Park and Open Space Plan . It further recommends that the Town Board allocate funds to implement that plan , beginning in 1985 . It is understood that the completion of this plan will require an average annual expenditure of $ 75 , 000 over a period of ten years and that the Town will attempt to obtain outside funding for the program whenever possible . Supervisor Desch stated that basically the resolution recognizes the scale of the program and the implementation of it , the best way possible . He went on to say that he wanted to make it clear that we will not automatically be allocating $ 75 , 000 a year , the Parks and Open Space program will have to compete just as other programs do , such as highway , water and sewer , etc . We need to look at each years budget carefully . We have a breakdown of the ten year plan and this will help in the budget process . Town Engineer Fabbroni remarked that he did not know how the Supervisor expected anyone to plan for staffing levels without a definite commitment . He went on to say that he understood the budget process , but future staffing needs to be addressed . Town Board 6 July 9 , 1984 Supervisor Desch responded that he felt the staffing question was an appropriate question to be considered in the budget review , but until we have the whole budget it ' s hard to decide what has priority . It ' s clear to see that we cannot spend $ 75 , 000 each year . We cannot raise the tax level to cover the $75 , 000 each year . The Parks and Open Space Plan is like the Ten Year Paving Plan , when you have a tough year you just can ' t do all that is planned for that year . Councilwoman Raffensperger stated that the Carmittee felt the Town Board should have a realistic figure to work with so that we are not hiring and firing each year . ® RESOLUTION N0 , 107 Motion by Councilwoman Raffensperger , seconded by Councilman Kugler , WHEREAS , the Town of Ithaca completed the development of a Comprehensive Park and Open Space Plan in 1975 , adopted the Plan at that time and established a $ 130 , 000 Capital Reserve Fund to accomplish the described program , and WHEREAS , the original work plan and capital reserve allocations will have been canpleted in 1984 , and WHEREAS , the Town Board established , as one of its primary objectives for 1984 , the updating of the Conprehensive Park and Open Space Plan , and WHEREAS , the updated plan was presented to the public at a public information meeting on June 11 , 1984 , and the Town Board received considerable public input at that time , both pro and con , with regard to the continuation of the program , specific priorities and design considerations , and WHEREAS , the Parks and Recreation Cammittee recommends to the Town Board that the plan be approved in concept and that the Town Board is urged to seek funding in the amount of $ 75 , 000 per year for the 10 years required to accomplish the phases of the plan identified in the update , NOW THEREFORE BE IT RESOLVED , that the Town Board does hereby approve , in concept , the May 23 , 1984 update of the Town of Ithaca Park and Open Space Plan , and FURTHER BE IT RESOLVED , that the annual budget process of the Town of Ithaca shall consider an appropriate level of funding to accomplish the plan in an orderly and timely way , but not to the detrement of the maintenance of the existing park and recreation improvements , and BE IT FURTHER RESOLVED , that sources of funding to be considered shall include tax revenue , federal revenue sharing , and state and federal grant monies as well as other sources such as highway , ® water and sewer improvements , where the parks and recreation facilities can be shown to be an integral and justifiable element of such improvements , and BE IT FURTHER RESOLVED , that implemntation of the plan will be integrated with the site plan review of subdivision and other proposals to the extent determined as appropriate by the Planning Board and Town Board to avoid the cost of acquisition of necessary easements , right-of-way and other real property . 901 Town Board 7 July 9 , 1984 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ADOPTION OF A SEWER USE LOCAL LAW Proof of posting and publication notice of a Public Hearing to consider a Local Law governing Sewer Use having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that the document , developed in stages , came about because of the EPA regulations on industrial wastes ( Pretreatment ) . We are quite confident that the provisions of the ® document meet all EPA regulations , to the letter . The Supervisor went on to say that the City of Ithaca has already adopted the Sewer Use Law and the Town of Dryden will be holding their public hearing tomorrow . As no one wished to speak for or against the proposed local law, the Supervisor closed the public hearing . LOCAL LAW NO . 1 - 1984 Motion by Supervisor Desch , seconded by Councilman McPeak , LOCAL LAW NO . 1 - 1984 A LOCAL LAW REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS , PRIVATE WASTEWATER DISPOSAL , THE INSTALLATION AND CONI\1IDLTION OF BUILDING SEWERS , AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEMS , THE TPEATME14T AMID PRETRE 1'ffi QT OF INDUSTRIAL TASTE , AND PROVIDING FOR THE INSPECTION OF SUCH FACILITIES AND THE ENFORCIIENT OF THIS LAW . Copy of Local Law No . 1 - 1984 attached to minutes . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raaffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 1 - 1984 , was therupon declared duly adopted . INCREASE BUILDING INSPECTOR ' S PETTY CASH FUND RESOLUTION NO , 108 Motion by Supervisor Desch ; seconded by Councilman Cramer , ® RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes an increase fram $ 100 . 00 to $ 200 . 00 for the Building Inspector ' s Petty Cash Fund . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . WATER BILL REFUND Town Board 8 July 9 , 1984 Supervisor Desch stated that he had received a letter from Robert S . Moore , 137 Judd Falls Road requesting on $ 15 . 00 , the Special Reading charge . Supervisor Desch noted that the Special Reading was taken just a few days after the regular reading , also Mr . Moore was not informed of the charge for the Special Reading , RESOLUTION NO . 109 Motion by Supervisor Desch , seconded by Councilw man Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 15 . 00 be made to Robert S . Moore , 137 Judd Falls Road , Ithaca , New York , Account Number 191 -0000333 for the ® Special Read charge . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . RESOLUTION OF INTENT Burns Road Intersection Drainage Improvement over Quick Lands Town Engineer Fabbroni stated the DOT had requested the Board pass a resolution on their intent to proceed with construction of Phase II of the Burns Road realignment . RESOLUTION NO . 110 Motion by Councilwoman Raffensperger , seconded by Councilwoman Howell , WHEREAS , the NYSDOT is currently designing a repaving and drainage project for SR79 , for 1985 , from the City Line to Besemer Road , and WHEREAS , the Town is proceeding toward construction of Phase II of the Burns Road realignment in 1985 to connect to SR79 in a new intersection with environmental review completed toward that end , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca by this Resolution formally requests NYSDOT to incorporate design and construction of a new intersection of Burns Road with SR79 as part of their proposed project to the limit their budget will permit , and FURTHER , that design details to match the State and Town projects be coordinated between the respective organizations ' engineering staff . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ® Town Engineer Fabbroni went on to explain that the Town had replaced the culverts crossing Route 79 , when we replaced the culverts , we let the water flow past the railroad tracks . Now DOT thinks the Town should cmplete their part of the project , which would involve storm sewering that portion of the railroad tracks to Route 79 , Councilman Kugler asked has many feet are we talking about ? Mr . Fabbroni responded , about 200 feet . ON Town Board 9 July 9 , 1984 RESOLUTION N0 , 111 Motion by Councilman Kugler , seconded by Councilman McPeak , WHEREAS , the Town of Ithaca performed major drainage repair work after the flood of July 11 , 1976 , to stabilize existing drainageways or channelize surface waters to areas less susceptible to property flood damage , and WHEREAS , in the ninety days allotted for the flood repair at the time , it was impossible to satisfactorily work all drainage matters out with the State with respect to SR79 culvert crossings , and ® WHEREAS , the State has since that time studied the comprehensive drainage needs of the upland areas to size new culverts as part of a SR79 project replacing all culverts from the City Line to Besem r Road , and WHEREAS , the channel established over the Quick property is in need of stabilization and repair by the Town resulting from our incomplete 1976 work , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca to storm sewer that portion from the old railroad right-of-way to the limits of the State project as part of Town drainage improvements already funded for 1984 , and FURTHER RESOLVED , that the NYSDOT be asked to storm sewer from their project limits to and under SR79 instead of riprapping a portion and installing storm culvert for another portion as presently shown on their drawings . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . PERSONS TO BE HEARD There was no one present that wished to be heard . PUBLIC HEARING - AMENDMENT!' TO THE ZONING ORDINANCE TO PERMIT "LA TOURELIE " A BID AND BREAKFASE STYLE HOTEL - 1152 DANBY ROAD Proof of posting and publication notice of a Public Hearing to consider amending the Zoning Ordinance to permit " La Tourelle " a bed and breakfast style hotel in an R-30 District ; Tax Parcel No . 6 -36-1 -4 . 2 , 1152 Danby Road , owned by Walter J . and Joyce Wiggins having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney James Buyoucos stated that he was unable to contact Mr . Wiggins today, however he spoke to Mr . Hascup . The project is not going to bid right away . Therefore , the best way to handle the rezoning is to adopt an amendment to the Zoning Ordinance to permit ® Special Limited Mixed Use Zones . He went on to say that the Town Board cannot , by law , grant this variance . By the Town Board adopting the Mix Use Zone they will then have the authority . George Hascup stated that the project would have a loop road for a fire exit . Twenty- four units will be constructed in the first phase . An "L" shaped wing with court are future plans . Supervisor Desch asked if there was anyone present who wished to speak for or against the rezoning of "La Tourelle " ? As no one present wished to speak , the Supervisor closed the public hearing . 7, � Z Town Board 10 July 9 , 1984 Town Attorney Buyoucos asked Mr . Hascup if the structure would be separated by a fire lane ? Mr . Hascup replied , yes . Supervisor Desch advised the Board that a public hearing %veld need to be scheduled before adopting the Special Land Use District , RESOLUTION NO . 112 Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at 7 : 00 P . M . , on July 24 , 1984 to consider an ® amendment to Article II , Section 1 of the Town Zoning Ordinance by adding to the list of permissible districts itemized in said Section a district designated as a Special Land Use District ( Limited Mixed Use ) . The uses permitted in such district will be such combination of uses , combined in a unified plan , permitted in residential , agricultural and business districts (A , B , and E ) and such other uses incidental to the parcels main use as the Town Board may permit . Provisions of the Zoning Ordinance and Planning Board Regulations relating to site plan approval as well as all additional conditions and restrictions imposed by the Town Board will govern . Provisions may include amongst others . notice of public hearing, establishment of such a district only on application of all owners of the particular parcel ; limitation of parcel size ; condition and restrictions to assure use and development to protect in the facsimile legal authority to the Town Board to approve district only in its sole discretion and similar provisions . An additional purpose is to give the Town Board flexibility and additional control over Walter Wiggins , "La Tourelle " development , the Lake Shore West project on former hospital property and the Lucente Sapsucker Woods Road Subdivision on all of which projects the Planning Board has conducted hearings . Councilman Cramer remarked that a SEQR needs to be prepared for this amendment to the Zoning Ordinance . (Desch , Kugler , _ Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER AMENDING `M TOWN HIGHWAY MASTER PLAN Proof of posting and publication of notice of a Public Hearing to consider amending the Town Highway Master Plan having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that the people who have acquired the remainder of the John Marion property are in conflict with the Highway Master Plan . He then introduced Dr . Frank Baldwin , one of the owners . ® Dr . Baldwin stated that the property had been brought from the estate this winter . He went on to say that the owners wish to keep the neighborhood as free of extra traffic as possible . He stated that he was afraid that a road going from Eastern Heights to Slaterville Road would increase traffic on Pine Tree Road . He stated that his idea was to bring the road through the property and back into Park Lane and end in a cui-de-sac instead of bringing a hook up to Slaterville Road . This is the beautiful part of our property . tT 7 Town Board 11 July 9 , 1984 Supervisor Desch asked what the grade of the land was ? Dr . Baldwin replied , not as steep as Regency Lane . Dr . Baldwin went on to say that the original map shows a road , over land which has now been sold to the people who live along Pine Tree Road and Slaterville Road to protect the people who live there . This 200 ' is now awned by the people who live there . Supervisor Desch asked , as developers , and noting your concern about a thru road , would you oppose a connection to Park Lane as proposed by the Official Highway Map through Frandsen and Quick land ? Dr . Colle responded , I think we would have a concern if this was a thru road unless there was some protection to keep people from New York City from cutting thru on their way to the campus . As long as there was some protection to insure that people would not be using this as a short cut , we could support it . A man in attendance asked if this would eliminate the rest of the roads ? Supervisor Desch responded , only in the subdivision . The Highway Master Plan would be modified to amend the lots and then add the Snyder Hill Road connection . Nancy Krook , 113 Pine Tree Road noted , that at the time Mr . Marion was alive and the roads were on the map and laid out as his plans to develop , then Mr . Marion died and the property was sold off , wouldn ' t this change everything now? Supervisor Desch responded that these were the Town ' s road plans , not Mr . Marion ' s . Mr . Krook responded that we don ' t have a moment of silence . We bought the added land for silence and nature . If a highway were put thru it would destroy the idea for which the property was purchased . Town Attorney James Buyoucos stated that he had talked to John Marion for many , many years and found ccamlunications with Mr . Marion to be very difficult . You should have asked questions when you bought the property , it ' s not up to the Town , it ' s up to you . The Town wants to amend the Official Highway Map for this development and future developments to insure access . Dr . Colle stated that he would be happy to have the access road go to Snyder Hill Road in exchange for the erasing of the proposed road on the Highway Map , Supervisor Desch questioned where the development construction would start . Dr . Colle stated that they would start at the cul-de-sac ® Councilwoman Raffensperger noted that the Town Board has a recommendation from the Planning Board to remove the proposed road from the Official Highway Map . The Town Board would then need to look to the Planning Board for their recommendation for a new access road . The Planning Board says they cannot make this recommendation until the Town Board takes the exiting road off the map . She went on to say that she is concerned that the Board is making a commitment to this proposal before the Planning Board has made their recommendation . Town Board 12 July 9 , 1984 Supervisor Desch read the following resolution : WHEREAS , the Town of Ithaca Planning Board has reviewed a sketch plan for the subdivision of a portion of the lands formerly owned by John Marion , as proposed by Pine Tree Associates , and WHEREAS , the streets proposed by Pine Tree Associates do not match the highway circulation layout required by the Town of Ithaca Highway Master Plan , and WHEREAS , the Town of Ithaca Planning Board recommends that the circulation proposed in the Pine Tree Associates subdivision ® is adequate to meet the circulation needs and , therefore , recommends that the Highway Master Plan be revised to permit further consideration of the subdivision as proposed , and WHEREAS , the Town Board of the Town of Ithaca held a public hearing at 7 : 00 P . M . , cn July 9 , 1984 to consider the recommendation of the Planning Board on this matter and to hear all persons for or against the proposed revision to the Highway Master Plan , and WHEREAS , it is the judgement of the Town Board that the level of development of this overall area has reached the stage wherein the construction of the second means of acoess ( namely to Slaterville Road) envisaged by the Planning Board in 1968 has become an urgent need , NCW THEREFORE BE IT RESOLVED , that the Official Town Highway Master Plan , as it pertains to the circulation within the subdivision proposed by Pine Tree Associates , is hereby modified to be consistent with the Final Subdivision Plan , when approved by the Planning Board , subject to the following conditions : ( 1 ) No more than 50 % of the lots ( i . e . , 13 ) shall be sold and/or developed until an arrangement for the connection between Park Lane and Slaterville Road , as shown on the Official Highway Master Plan or an alternative connection to Slaterville Road satisfactory to the Planning Board and Toun Board , has been executed by the parties ( i . e . , Pine Tree Associates , Frandsen and any other property owners involved) , and ( 2 ) In no event will the sale or development of lots 5 , 6 , 14 and 15 be permitted until such time as the connection described in limitation ( 1 ) above has been constructed and accepted by the Town of Ithaca , and BE IT FURTHER RESOLVED , that the Planning Board shall review the status of development of the Frandsen subdivision and consider appropriate measures to facilitate the construction ® of the Slaterville Road access in conjunction with the issuance of additional building permits and recommend appropriate action to the Town Board . Councilwoman Raffensperger stated that under the present Zoning Ordinance , Pine Tree Associates could build 232 units . To tell these people that twenty-six units will trigger the need for an access road to Snyder Hill Road and Slaterville Road , I just don ' t understand how we can put this financial dollar requirement on these people for just twenty-six units . Why would anybody want to do this for twenty-six units , I can understand two hundred units . 8 � 7, Town Board 13 July 9 , 1984 Mrs . Frank Baldwin added , you are saying that because there will be future development we have to build this road . Dr . Colle added , you could adopt the Master Plan with the provision that the roads be removed if the Planning Board included a plan that the Town Board did not like , you could override the Planning Board . Councilwoman Raffensperger stated that she did not understand why we don ' t ask the Planning Board to recommend a proposed road ? Town Engineer Fabbroni responded that the Town Board needs to set general criteria as the where the Town Board wants the Planning • Board to end up . Do you want access to Snyder Hill and what is your proposed timetable ? Councilwoman Raffensperger stated that the Planning Board said they did not see a need for an additional access to Snyder Hill Road . RESOLUTION NO . 113 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the Public Hearing on the consideration of amending the Town Highway Master Plan until a better access route for the Pine Tree Associates development has been recommended to the Town Board by the Planning Board . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO ACCEPT FINAL FLOOD MAPS Proof of posting and publication notice of a Public Hearing to consider acceptance of the Final Flood Maps having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch read a letter dated June 4 , 1984 from the Federal Emergency Management Agency : Please find enclosed draft copies of the Flood Insurance Study report for your community . We will contact you in the near future to arrange a meeting with community officials and interested citizens . The community ' s comments on these findings are an important part of our review process and will be carefully considered before the Flood Insurance Study is published in final form . We would , therefore , appreciate your distributing the enclosed reports to the appropriate community officials so that they may have ample time to prepare written questions and ccnments on the study findings in advance of the meeting . ® Mr . Stanley McIntosh , Community Planner for the Federal Emergency Management Agency presented the Final Flood Maps to the Board . He noted that insurance is now available to property owners because the flood areas have been identified . When the risk has been identified , then higher amounts become available to the property owners . Mr . McIntosh went on to say that they would place all the legal notices in the local newspaper . The notice will appear twice , X77 Town Board 14 July 9 , 1984 after the second notice there is a 90 day period for objections . Then a local law can be passed by the municipality . Councilwoman Raffensperger asked if it was only property owners who could appeal ? Mr . McIntosh responded , property owners and lessee . Town Attorney Buyoucos asked if the Town could pass a local law now? Mr . McIntosh responded , yes . ® As no person present wished to speak , the Supervisor closed the public hearing . SCHEDULE PUBLIC HEARING TO AMEND ZONING ORDINANCE - ROCOD LUCENTE Town Attorney Buyoucos stated that he was not sure Town Planner Peter Lovi would be happy with some of the changes he had made . He then went through the proposed rezoning resolution . (Copy attached to the minutes ) . Mr . Buyoucos asked that a copy of the resolution be sent to Mr . Lucente . RESOLUTION NO , 114 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing to consider adopting an amendment to the Zoning Ordinance to permit conversion of 14-two family buildings to four family buildings on Sapsucker Woods Road , owned by Rocco Lucente , Tax Parcel Numbers 6 -70 -10-3 . 12 through 6 -70 -10-3 . 25 , at 7 : 30 P . M . , on July 24 , 19840 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Councilman McPeak noted that every person would need to read the resolution sometime before purchasing the property . Town Attorney Buyoucos responded that the rezoning resolution would be filed in the County Clerk ' s Office and available to the public . TOWN OF ITHACA WUUR NTS RESOLUTION NO , 115 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 9 , 1984 , in the following ® amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . $ 62 , 151 . 01 General Fund - Outside Village . . . . . . . . . . . . . $ 8 , 360 . 89 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 307 , 126 . 83 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24 , 389 . 35 Lighting Districts Funds . . . . . . . . . . . . . . . . . . . $ 326 . 19 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . $ 1 , 886 . 92 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 , 766 . 50 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . $ 1 , 211 . 33 Town Board 15 July 9 , 1984 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . BOL'T'ON POINT WARRANTS RESOLUTION NO . 116 Motion by Councilman Kugler , seconded by Supervisor Desch , RESOLVED , that the Bolton Point Warrants , dated July 9 , 1984 , in the Operating Account are hereby approved , in the amount of $ 48 , 650 . 43 after review and upon the recndation of the Southern • Cayuga Lake Intermunicipal Water Connission , they are in order for payment . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . ADJOUFdZ= The meeting was duly adjourned . ow--Clerk