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HomeMy WebLinkAboutTB Minutes 1986-06-09 TOWN OF ITHACA
REGULAR BOARD MEETING
June 9 , 1986
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tcapkins 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
June , 1986 , there were :
• PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
Patricia Leary , Councilwoman
ALSO PRESENT : Lawrence Fabbroni , Town Engineer
John Barney , Town Attorney
Beverly Livesay , Board of Representatives
Rose Gaherty for Deborah Dietrich
Dirk Galbraith , Attorney for Lawrence Hull
Lawrence H . Hull , 495 Floral Avenue
Anthony Turco , 720 Five Mile Drive
Isabelle Spencer , 108 Glenside Road
Louis J . Mobbs , 619 Five Mile Drive
William J . Mobbs , 272 Enfield Falls Road
Manning Woolley , 133 Glenside Road
Marian S . Woolley , 133 Glenside Road
William Jenks , 655 Five Mile Drive
Theo Jenks , 655 Five Mile Drive
Anna Riederer , 496 Five Mile Drive
Heinz P . Riederer , 496 Five Mile Drive
Norbert H . Schickel III , 494 Five Mile Drive
Richard Berggren , 119 Williams Glen Road
Carol W . Ridall , 172 Seven Mile Drive
Tim Ciachi , Buffalo Street
Representatives of the Media :
James Gernay , WTKO
Fred Yahn , Ithaca Journal
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance and
announced a moment of silence in memory of Lewis Cartee .
• REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Voucher - Temporary Recording Secretary
Supervisor Desch stated that he wished to alert the Board members
to the fact that the Town will be getting a voucher for the
transcribing of minutes of the Planning Board and Zoning Board for
Laura Predmore .
Town Board 2 June 9 , 1986
Flood Prevention Money
Supervisor Deach stated that the Town would be receiving about
$ 2 , 600 for the Eastern Heights drainage improvement project along
Park Lane from the County .
Committee to Interview Parks Planner Candidates
The Supervisor stated that he was appointing the following
committee to interview candidates for the Parks Planner position .
Larry Fabbroni , Chairman
Councilwoman Howell
Councilwoman Leary
Councilman Bartholf
• Highway Superintendent Parkin
Secretary Connie Allen
Agenda Changes
Supervisor Desch noted several changes in tonight ' s agenda . Item
16 having to do with the Recycling Study will be deleted . The
County will be doing this as part of their study of the whole Solid
Waste Process . Added to the agenda is a proposed resolution by
Mrs . Raffensperger having to do with the matter of the
reorganization of the Engineering/Planning/ Zoning Department also
the Niederkorn Proposal .
Town Engineer ' s Report
Town Engineer Fabbroni stated that their is quite a bit of detail
in each months Engineering report and he asked the Board members to
take the time to look at them and ask questions . There is
presently a tremendous volume and an endless flow of proposals . A
year ago under miscellaneous you would see four or five minor items
listed . He went on to say that presently things were proceeding -
as much as things can be in control and out of control at the same
time . He stated his feelings haven ' t been too much into things
lately - but the staff with the summer help is progressing . The
Town Engineer talking to the Board stated if you underestimate the
loss of Lew to this operation , don ' t . Lew was very much a part of
our process .
Councilwoman Raffensperger asked when Burns Road would be open'?
Town Engineer Fabbroni responded that he was expecting to meet with
the State soon to try to talk them into paving section 1 and 2 .
Hopefully the State will use up all of the money on this project .
As far as the opening was concerned , he was shooting for late June
or early July .
Supervisor Desch asked if there was going to be a wet spot?
Town Engineer Fabbroni responded yes . The areas was redesigned but
we will have to watch it and keep after it .
The Town Engineer went on to say that the City was working on
• Forest Home Drive now . Bob Flumerfelt has been stood up several
times . We are having coordination problems with Cornell as far as
moving the poles . Cornell feels we can put up the gabion wall
without moving the power line .
Supervisor Desch asked about the curve by the lake .
Town Engineer Fabbroni responded that he has been waiting for an
estimate , which we received today , for safety rigging . We may need
to rethink this as the estimate is rather high . This pretty much
PLANNING, ENGINEERING, ZONING REPORT
Lawrence P . Fabbroni , P .E .
Town Engineer
MAY 13 , 1986 to JUNE 9 , 1986
WATER AND SEWER
men Hungerford and Pine Tree Construction Doc mTents Award of Contract
- Ithaca College Watermain
- Design Modification
- Preparation of Easements : I . C. and Ferrara
PARKS
- Coordination of Burns Road Grading and Landscaping with Highway Department
Roadside planting : Burns Road
- Park mowing
HIChIAZAYS
Burns Road
men Final descriptions delivered to Town Attorney for execution
- Final grading of sub-base and sideslopes
Work with landscape crews
- Final layout for road grading
Hospital Access
emm Awaiting written appraisal
- Progress c o n unication with Hospital , County , Professional Building
Forest Hcme Drive
°- Gabions being ins tilled kry City
Drainage pipe being installed by Ci:t. "
-- Materials orders and deliveries eoord umted
Town ftm to rock Qn wasbout , prepa;rLn1 safety ricrgir�g (Road Closed
—s
Planning & Engineering Report 5/13/86 thru 6/9 / 86 Page 2
Park Lane
ione Meeting with NYSDG about lowering gas main; NYSDG wants $35 , 000
This will delay project if Frandsen does not agree to NYSGEterms
Pine Tree Road Corridor
Awaiting County technical staff review
Judd Falls Road
me Design complete ; began homeowner interviews
Route 96
Staff response to citizen inquiries
DRAINAGE
Review of drainage problem -- Health and Perialas
- Review of drainage problem -- Rosica (Pennsylvania Avenue)
000 Review of drainage ideas -- Lazar (Woolf Lane )
vowe Review of lot drainage -- Hillside Alliance Church
000 Review of lot drainage -- Henry Aron
a1HER
Continue Review of Jacobs Trailer Park with staff
Continue Review of La Tourelle Completion with staff
Continue Review of Polo/Equitation Arena Site Plan with staff
- Review of Razzaq subdivision; suggestion to pair Razzag & Hillside
I lance Interests
Review of Chilled Water Plant III expansion ; joint municipal in
- Review of deed corrections , Gladys Blatchley
- Work with Highway Cmudttee on. Paving Needs
Citizen inoairies , Hull yjatter
° Review of Five Mile Rezoning with sLazf algid citi M-1s
°- Revi ew C eland «« --�i-ty� -nch List with,tk"s Ian Bo r
- Review Gra.rdview Subdivision covenants , letter of credit , and iro 3 for
roadway profile changes with developer, Town attorney , Thwn Boar
Planning Board r dr
- Continued Review Ciascbi- Autio . Subdivision requir�nts with develolxa:
- Review Odd Fellows subdivision with designer , purchasers
Planning & Engineering Report 5/13/ 86 thru 6/9 / 86 Page 3
Specifications , Bid Documents being prepared for Knight ' s Meat Market
demolition
- review of Biggs CaTlex proposal with staff - Mixed Use
- Review of Mixed Use at Odd Fellows with staff
Review of Proposed Use for old Koppers site with staff
- Review of East Hill Plaza Motel with staff
- Review of Woodsedge Cluster with Staff , City BPW and Planning , and Public
- Review of Casciol1 subdivision with staff
SEWER TREAT PLAW
_ Brief SUS Cinmittee and nittee on contract progress and change
orders , progress payments and requests for Contracts 1 , 2 , 30 4 , 5 , 6 ,
3A, 4A, 5A, 6A, 7
Monitor ompliance with MBE/WBE, Labor rates , CPM
Weekly jab meetings to expedite closeout of Contract 3A 4AI 5A U 6A
- NYSEG authorized grading of coal tar piles; engineer developing plan
Monitor inspection adequacy and efficiency of Stearns & Wheler inspection
and project management
- Monitor steel placement , concrete placement , etce , decks in thickener,
administration , and garage area poured, partial delivery of MCCs ,
painting in all areas of administration building , continued correction
of stairways and tank leaks , testing of generator, all yard piping
nearly oomplete Segment II , process pipe in gallery a conplete , grading
around influent building 2 complete , began restoration of First and
Franklin Streets
- Oontract 7 -- electrical preparation work in progress , capacity problems
resolved vaults #1 and 9 ; and continued resolution of easement problem
vault #3 . Permanent binder paving 3/4 complete .
LPF/ ln
6 /9/ 86
ASSISTANT TOWN ENGINEER ' S MNTHLY REPORT
May 10 , 1986 to June 9 , 1986
Robert R. Flnmerfelt , P .E .
1 . Forest Hone Drive
a . Excavation (benching) of bank on south side of road for placement
of gabion retaining wall is about 70 % complete .
b . Placement of gabion baskets for retaining wall has begun .
2 . Burns Road - Phase II
a . Placement of Mirafy drainage fabric and gravel sub-base is omplete .
b. Placement of run of crusher limestone base is progressing - raw
about 80% oaplete .
c . Work on intersection of Burns Road - Phase II with old Burns Road
south of sewage pub station about 75% camplete .
d . Stake out completed and grades set for intersection of Burns Road
With N. Y. S . Rt . 79 . N. Y. S , contractor ' s forces to construct
Intersection for distance to 60 feet from south edge of Rt . 79
pavement .
3 . Forest Hcme Drive - Bank Stabilization at Washout
a . Excavation progressing for placement of gabion retaining wall and
walkway .
b . Negotiations proceeding for installations of safety netting/
scaffolding.
RRF/lh
6 /9/86
TOWN HIGRW S ENT ' S NON MY REPORT
May 13 , 1986 to Jame 9 , 1986
Robert E . Parkin
- Forest Home Drive Wall
-- Filling and placing Gabion wire baskets .
"- Wire up baskets at show when weather is bad .
Forest Hoare Drive Washout
--° Work with contractor to get. down to hard rock
le-�el , to be able to install Gabions .
Burns Road #2
-- Dig holes for tree and shrubbery, plantings .
-- Dozer, grading side slopes-
-- Creek gravel all in place
-- Instant filter fabric and Crusher Run
7590 complete .
--- Install 40 ' x 30 ' Colvert Pipe .
MISCELI,ANDOM
-- Haul and Stockpile Crushed Bank Run gravel
-- Crusher run limestone
-- Brooming Roads
-- Roadside Mowing
Patching
Clean ditch
-- Install Culverts
-- Install Stone Quarry Rand Speed Limit Signs and
additional Hill and Warning Signs
-- Cutting Brush around Signs
REP/lh
MONTHLY REPORT - TOWN PLANNING
Susan C . Beeners , Town Planner - June 9 , 1986
Ongoing review and scheduling of development and rezoning
proposals and sign reviews ( see attached agendae ) .
Attendance at Six Mile Creek Overseer Committee and Circle
Greenway Committee meetings .
Orientation of Cornell Tradition summer planning intern .
Comprehensive planning , industrial sites , and SEQR
review ,
MONTHLY REPORT - TOWN PARKS , RECREATION WAYS , AND MUNICIPAL SITES
Richard H . Schoch
Interim Parks Planner /Manager
June 9 , 1986
Burns Road plant and planting materials acquisition ,
hauling , handling , planting , maintenance . Coordination of
Highway Department assistance , Planning for
hydroseeding / mulching operation scheduled for week of June 9 .
Park mowing and maintenance .
Town Nursery maintenance and expansion .
Summer park work program planning .
Orientation of Cornell Tradition summer parks intern .
J
MONTHLY REPORT - TOWN PLANNING
Susan C . Beeners , Town Planner - June 9 , 1986
Ongoing review and scheduling of development and rezoning
proposals and sign reviews ( see attached agendae ) .
Attendance at Six Mile Creek Overseer Committee and Circle
Greenway Committee meetings .
Orientation of Cornell Tradition summer planning intern .
Comprehensive planning , industrial sites , and SEQR
review .
Town Board 3 June 9 , 1986
controls what we do on Judd Falls Road . The reaction of the Judd
Falls Road people has been requite receptive .
Councilman Cramer asked when the new road around the Tin Can will
be opened .
Town Engineer Fabbroni responded that he had not been minding the
City ' s business but he knew they had had same problems with putting
the fabric down when it was wet and , therefore , it ravelled . They
are having the same problems we anticipated on Burns Road , this is
why we decided to waite until it was dry . We got dry weather in
April and the fabric set so now we are two months ahead of
schedule .
• REPORT OF COUNTY REPRESENTATIVES
County Representative Beverly Livesay noted that she was glad to
hear recycling mentioned . Solid waste is something all will. need
to get involved in . Hopefully there will be cooperation at the
municipal level . She went on to say that people have tried to make
it an easier problem that it is . Toxic waste is going to have to
be addressed as a community wide problem also .
Mrs . Livesay went on to say that the self-insurance program was
moving ahead . Scott Hyman feels we will have something ready by
next month . Mrs . Livesay stated that the County can ' t pool the
insurance of other municipalities but may be able to assist .
Councilman Cramer stated that about ten years ago , Frank Liguori
had suggested an incinerator but because of unsubstantiated costs
nothing became of it . He suggested this might be a good time to
look at it again .
Mrs . Livesay responded that she thought Frank Proto ' s committee was
going to look at all previous reports . She went on to say that
there was an urgent need to get into locating a landfill . The Town
of Ithaca is almost exempt as there is no suitable land in the Town
of Ithaca available for a landfill .
JOB DESCRIPTION FOR ZONING OFFICER/BUILDING INSPECTOR AND AUTHORIZE
ADVERTISENMENTT OF POSITION
Councilwoman Raffensperger asked if the Board would consider her
resolution prior to looking at the Job Description .
Supervisor Desch responded that he would like to offer a suggestion
that the Town Attorney be added to the resolution to help make
recommendations . Also , under the organizational structure and
staffing needs of the Engineering/ zoning Enforcement/Building
Inspector/Planning functions , Highway and Parks Services should be
added .
Town Attorney Barney suggested that all correspondence received be
. changed to read all available information .
RESOLUTION N0 .
Motion by Councilwoman Raffensperger ; seconded by Councilman
Cramer ,
WHEREAS , a personnel problem-resolution procedure was established
by the Town Board of the Town of Ithaca March 10 , 1986 , as part of
their approval of the Personnel Manual , and
Town Board 4 June 9 , 1986
WHEREAS , a question as to the proper utilization of that proc:edure
has arisen , and
WHEREAS ,, the staffing situation in the Town has changed since the
reorganization resolution of May 23 , 1986 , and
WHEREAS , the Town Board will consider on June 9 , 1986 , the
ratification of an interim agreement for building inspection
services and authorization for advertisement for the employment of
a permanent Zoning Officer/Building Inspector ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca directs the Personnel Committee to proceed immediately to
consider all available information as to the May 23 resolution in
order to evaluate personnel procedures ; and to evaluate the
organizational structure and staffing needs of the
Engineering/ Zoning Enforcement/Building Inspection/Planning/Highway
and Park Service functions of the Town and with input from the Town
staff , Town Attorney , the Town Supervisor and Town Board members ,
make a recommendation on these matters to the Town Board , preceding
the employment date of a permanent Zoning Officer/Building
Inspector , in any case , no later than July 21 , 1986 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
JOB DESCRIPTION
Councilwoman Raffensperger stated that the Job Description for the
Zoning Officer/Building Inspector should be amended to state that
the organizational structure is under review , as amended by the
Resolution above , adopted tonight .
Town Engineer Fabbroni suggested that local laws should be added to
Job Function and Specific Major Duties . Henry Aron , Chairman of
the Zoning Board of Appeals suggested a sentence also be added to
Specific Major Duties - "Coordinate preparation of materials and
documentation for Zoning Board of Appeals meeting with Town Staff
and Chairperson" .
RESOLUTION N0 .
Motion by Councilman Cramer , seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the following Job Description for the Zoning Officer/Building
Inspector position :
JOB FUNCTION
Administer and enforce the zoning laws , sign law , local laws and
building codes of the Town of Ithaca .
SPECIFIC MAJOR DUTIES
1 . Provide for enforcement of the zoning laws , sign law , local
laws and building codes , plan review through surveillance and
on-site inspection , issuance of permits and followup on compliance
in the Town of Ithaca , outside the Village of Cayuga Heights .
Coordinate preparation of materials and documentation for Zoning
Board of Appeals meetings with Town staff and Chairperson .
2 . Constantly evaluate the adequacy of enforcement mechanisms and
effectiveness of administrative procedures ; working closely with
the Tawas Attorney and other Town officials on a daily basis .
I
Town Board 5 June 9 , 1986
3 . Work closely with counterparts in State , County , other Towns
and Villages to unify procedures , exchange experiences and code
interpretations and clarify jurisdictions .
FINANCIAL & PERSONNEL MANAGENIEN'I' RESPONSIBILITIES
Prepare zoning and building enforcement budget , collect fees and
review expenses against budget .
EDUCATION REQUIREP'fENTS
Associate ' s Degree in building construction technology or related
field or equivalent training and experience in some phase of health
or life safety administration .
• EXPERIENCE REQUIREMENTS
Minimum of two years as a building inspector and enforcement
officer . Knowledge of health , building and fire code is essential .
SPECIAL SKILLS
This position requires an unusually high level of logic and
objective , fair and consistent application of laws to policing law
compliance to maintain a firm legal basis for future enforcements .
A particular challenge is the mobile nature of the community ' s
population . The Zoning Officer reports to the Zoning Board of
Appeals at its meetings and as necessary to the Town Planning Board
and the Town Board . The Town Zoning Officer/Building Inspector
serves at the pleasure of the Town Board reporting to the Town
Supervisor for administrative direction . The organizational
structure of which this position is a part is under review by the
Town Board , such review to be completed by July 21 , 1986 . Fran
time to time works directly with engineering and planning staff on
development reviews .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
ADVERTISEMENT FOR ZONING OFFICER/BUILDING INSPECTOR
Councilman Cramer , questioning the Certificate of Code Enforcement ,
asked how much time this person must take off to obtain the
certificate ?
Supervisor Desch stated that most usually courses are available in
the evening , however , there will be some time off also .
Councilman Cramer asked if the Town would have to pay for the
course ?
Supervisor Desch responded , yes .
Councilman Cramer asked what the time frame was .
Supervisor Desch responded , 144 hours .
Councilwoman Raffensperger asked what can a person do without the
• certificate .
Supervisor Desch responded that the Code is so new , a person will
be able to function but the committee must evaluate the applicants ,
in the screening process , to make sure the person can achieve
certification .
Councilman Cramer suggested that the advertisement should follow
the Job Description and , therefore , local laws should be added to
the enforcement .
Town Board 6 June 9 , 1986
RESOLUTION NO
Motion by Councilwoman Howell ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the following advertisment for Zoning Officer/Building Inspector .
ZONING OFFICER/BUILDING INSPECTOR - TOWN OF ITHACA - to administer
and enforce the zoning laws , sign law , local laws , and building
codes of the Town of Ithaca ; to review applications for buildings
and sign permits and certificates of occupancy , issue such permits ,
violation notices and appearance tickets , must work closely with
all Town offices and counterparts in adjoining municipalities .
Education and training : Associate ' s Degree in building
construction technology , related field or equivalent training and
experience in health or life safety administration : Certification
as Code Enforcement Official within 18 months of hire will be
required . Salary range $ 15 , 000 - $22 , 000 . Send resume to Town of
Ithaca , Personnel Office , 126 East Seneca Street , Ithaca , New York
14850 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
Supervisor Desch then appointed himself as Chairperson of the
Zoning Officer/Building Inspector Interview Committee . He then
appointed the committee to consist of Councilwoman Raffensperger ,
Councilman Cramer , Henry Aron , Larry Fabbroni and Monty May ,
CODDINGPON ROAD CO MUNITY CENTER
The following letter dated April 22 , 1986 was received from K .
Shirley Brown :
" Plans are in the works for our second Summer Program for area
children at the Community Center . We will be hiring a new director
and assistant for this year ' s program (Jane Tesdall , unfortunately
is not available this year ) . The program will consist of two ,
two week sessions beginning July 7th , and will accomodate up to 18
children , ages 3 to 11 . Admission is on a first come , first serve
basis . The hours will be 9 : 00 a .m . to 12 : 00 noon , Monday through
Thursday . Snacks will be provided by the parents . The program
will be announced in an upcoming South Hill School Newsletter , and
a flyer from the Center which will be sent not only to members of
the Center , but will be hand delivered to the whole south hill
community .
As with last year ' s program , there will be no regulation by the
Health Department , since the program is so small , but if required
we will send them a brief description of the program . Adequate
insurance coverage has already been arranged .
A daily schedule will be worked out so that the Day Care and the
Sumner Program can run independently , but we did find that last
• year if it rained (which it did several times ) , having both groups
in the building did present a space problem . What we propose is
building a simple canvas " tent" over the skating rink out back to
allow the children in the summer program to work on their projects
and activities outdoors even if it should rain . The expected cost
of materials for this " tent " is $ 200 . 00 and we ask your assistance
in purchasing the needed materials . A sketch of the " tent " is
included . As an added note , the Day Care Center expects to send in
our application for state licensing as a Day Care Center ;sometime
in the next month . We are not sure how the inspectors will feel
about the Summer Program and The Day Care sharing same of the same
Town Board 7 June 9 , 1986
space and are trying to avoid any problems that may arise from the
situation .
The program itself will include arts and crafts , music , recreation
and a swim trip to Buttermilk Falls for each session . Our budget
for the program is .
Salary - Director . . . . . . . . $300 . 00 ( 16 days , 3 ) hours per day ,
plus set-up and planning
time )
Salary - Assistant . . . . . . . $ 175 . 00 ( 16 days , 3 hours per day)
Supplies . . . . . . . . . . . . . . . . . $ 75 . 00 (Games , art materials ,
balls , etc . )
• Materials for "tent .. . . . . . $200 . 00 (Canvas , concrete , poles )
Total $ 750 . 00
Last year ' s Summer Program was a great success and already we have
had several inquiries as to when this year ' s program will begin .
Thank you for your continued support . "
Councilman Bartholf stated that when the Coddington Road Community
Center first started operating again , he thought we agreed to set
aside so much money and then no more?
Supervisor Desch responded that this was about the level of
commitment for funding for last summers program . The amount in the
budget is for the playingfields , this is an additional item .
Councilwoman Howell asked if the Town was not still supporting the
Youth Bureau?
Supervisor Desch responded , yes .
RESOLUTION NO .
Motion by Councilman McPeak ; seconded by Councilwoman
Raffensperger ,
WHEREAS , the Coddington Road Community Center offers a summer
program to area children and the Town of Ithaca has supported this
program in the past , and
WHEREAS , application has been made for additional State Aid in the
amount of $ 327 . 00 to be received by the Town on behalf of this
program and Aid has been approved ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes $ 750 . 00 to be paid to the Coddington Road
Community Center for the summer program as outlined in their letter
of April 22 , 1986 . Appropriation to be made from General Fund
Townwide - Playground and Recreation A7140 . 401 with partial
reimbursement of $ 327 . 00 from additional State Aid through the
Tompkins County Youth Bureau .
• (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
AGREEMENT TO SPEND TOWN HIGHWAY FUNDS
Town Engineer Fabbroni reported that he had gone over the list of
roads we want to pave , with Highway Superintendent Robert Parkin .
He reported that the list is part of the 10-Year Paving Program
plus some upgrading . In answer to the petition received from the
residents of Kay Street the previous meeting regarding the dust , he
Town Board 8 June 9 , 1986
noted that Kay Street is about 25 to 30 years old . It would be
painful for the residents to see ditches ccme back as they now mow
up to the road edge . In 1976 , when the cost of oil was very high ,
a sand type of overlay was used experimentally on Kay Street ,
Councilman Cramer stated that the Highway Committee plans to meet
with the residents to let them know what was proposed .
Town Engineer Fabbroni added that it would not change the cost of
the paving , no matter which drainage system was used .
RESOLUTION N0 .
• Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
RESOLVED , THAT THE Town Board of the Town of Ithaca herby approves
the Agreement to Spend Town Highway Funds . (Copy of the Agreement
attached to the Official Minutes ) .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and. Leary
voting Aye . Nays - none ) .
ANNUAL REPORT OF TOWN MILEAGE
RESOLUTION NO .
Motion by Councilman Cramer ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby accepts
the Annual Report of Town Mileage , present total mileage being
40 . 07 miles , as prepared and presented by the Highway
Superintendent , Robert Parkin .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
RATIFY AGREEMENT WITH INTERIM APPOINTMENT OF BUILDING INSPECTOR
Supervisor Desch introduced Gary Wood , who ' s firm will be
performing the functions of the Building Inspector . The Supervisor
noted that Mr . Wood was present to answer any questions the Board
members might have .
Councilwoman Raffensperger asked Mr . Wood what hours he would be
available to talk with persons at the Town Hall ?
Mr . Wood responded that Mr . Phelps would be at Town Hall at 9 : 00
A .M . We will spend as much time in the office as is necessary to
complete the paper work , however , messages can be taken when
someone is not here . Mr . Wood went on to say that most of the work
would be out in the field .
Councilman Cramer questioned Mr . Wood on other functions relating
• to the construction of buildings and the issuance of permits .
Mr . Wood responded that for instance , the Board of Fire
Underwriters does the electrical inspection , he went on to say that
he has State resources , both in Albany and New York City that he
can call on if any problems arise .
Councilman Cramer asked Mr . Wood if he felt the time he had
allocated was accurate ?
Town Board 9 June 9 , 1986
Mr . Wood responded that more time could always be used , however , he
was unable to give the Town any more time noting , however , that
they were here to perform code enforcement not as the owner ' s reps .
Town Attorney Barney remarked to Mr . Wood , in terms of issuing the
Building Permits , you will issue the permit , you will take the
responsibility?
Mr . Wood responded that Burr Phelps a technician employed by him
does the leg work for him (Mr . Wood) .
Councilman Cramer questioning the liability , stated that he
wondered how the Town would be idemnified and how Mr . Wood ' s
• liability insurance would cover him on the job?
Town Attorney Barney asked Mr . Wood if he carried malpractice
V
nsurance ?
Mr . Wood replied that he does not carry insurance and has not been
able to obtain it . Mr . Wood stated that he was now reapplying and
he expected in a short time to have insurance , as the insurance
market seems to have lightened up a bit . Mr . Wood went on to say
that the policy he was applying for would only cover him during the
period he had insurance . Will not pay on claims later , after the
insurance is cancelled .
Town Attorney Barney asked Mr . Wood if he would be opposed to
signing a hold harmless agreement .
Mr . Wood responded , yes I would . In the other Towns we act as
employees .
Supervisor Desch asked the Town Attorney if he would write a hold
harmless agreement?
Attorney Barney responded that if Mr . Wood would not sign the
agreement , then there was no sense in his writing the agreement .
Mr . Wood then went on to question Mr . Barney , what you are asking
me is to sign an agreement in case I do something wrong?
Town Attorney Barney responded , if you do something wrong which
causes a law suit the agreement would hold the Town harmless for
your actions . Mr . Barney remarked that he did not know if Mr . Wood
has the resources to handle such a settlement . Employees of the
Town are covered for such mistakes under the Town insurance policy .
Mr . Wood stated that the problem with making him an employee of the
Town was that he was stretched out too far and must , therefore ,
rely on other people . Mr . Wood went on to say that he would :rather
not sign an agreement , as the insurance companies ask if you have
signed a hold harmless agreement .
Town Attorney Barney questioned if there was any way to add Mr .
Wood to the Town ' s policy . He remarked that Mr . Boothroyd would
• need to be consulted .
Mr . Wood remarked that what the Town Attorney was talking about was
Professional Liability Insurance . He stated that he felt the
Town ' s General Liability Insurance should cover employees but he
did not know if it would cover a Professional Consultant ,
Supervisor Desch remarked that there was a need to keep going and
not create a bigger back log .
Town Board 10 June 9 , 1986
Town Engineer Fabbroni remarked that his only comment was one that
he had already made to the Supervisor and Mr . Wood , that he felt we
were being very optimistic that twenty hours per week would be
adequate . The backlog has gotten worse since the death of the
Building Inspector .
RESOLUTION N0 .
Motion by Councilman McPeak , seconded by Councilwoman Howell ,
WHEREAS , the Town Board of the Town of Ithaca at a special meeting
on May 23rd , assigned the Building Inspector/ Zoning Officer
function to a direct line responsbility to the Town Board , and
• WHEREAS , the loss of Mr . Lewis Cartee and the extremely heavy work
load in these functional areas require emergency action , and
WHEREAS , the Town Supervisor has obtained a proposal from a
competent engineering firm specializing in building code
enforcement area , and
WHEREAS , Gary L . Wood is currently performing building inspection
services in several other municipalities in Tompkins County , and
WHEREAS , the proposal for Professional Services is responsive to
the emergency needs of the Town , and
WHEREAS , a majority of the Town Board members concurred with the
recommendation of the Town Supervisor that Mr . Wood start ,
effective immediately , on June 5 , 1986 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby ratifies the action of the Town Supervisor in
responding to the emergency needs for building inspection services ,
and
FURTHER BE IT RESOLVED , that the proposal of Mr . Gary L . Wood be
accepted for a period of three months at an estimated cost to the
Town of $ 6 , 000 , and
FURTHER BE IT RESOLVED , that the Town Board reaffirms its
comm to fill the vacancy i
mmm n the permanent position of Zoning
Officer/Building Inspector as rapidly as possible .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - Cramer) .
PROPOSED MIX USE ZONE - BIGGS COMPLEX
Frank Liguori , Tompkins County Planning Commissioner presented to
the Board , the County ' s proposed mixed use for the Biggs Complex .
Mr . Liguori stated that the County presently owns 129 acres of land
at the old hospital , several of the original acres were sold to the
Community Hospital . The 129 acres were zoned R-30 by the Town . In
• the R-30 zoning , the County was permitted to use the land for
County uses only . The Zoning Board of Appeals did authorize a
variance for Oddessy Research in Biggs Center A . The County has
applications on file for high technology use plus office use , etc .
Mr . Liguori went on to say that in May they had met with the
Planning Board . Two actions rezoning and a subdivision n p_Lan are
being considered . The Planning Board did approve the environmental
review of the subdivision plan as an unlisted action . The original
map that was filed included some 47 acres of land , that caused
concern , especially with the people on Indian Creek Road as to what
Town Board 11 June 9 , 1986
the County planned on using this land for . It was pointed out that
the County had no plans for this acreage but was told by the Town
Planner to include it in the map as it would make a nice neat
package . The Planning Board members suggested the County consider
a buffer zone .
Mr . Liguori stated that the large acreage has now been excluded and
the County was in the process of submitting a map with 22 . 6 acres
which will include the main part of Biggs and a service road , also
a free standing house . He again noted that no vacant land was
included in the current proposal . Mr . Liguori stated that with a
Mix Land Use Zone the County desires to house business offices ,
professional offices , a food service and day care center , things
• that have occurred in the past .
Supervisor Desch stated that one reason Mr . Liguori was here is
because of the proposed amendment to Local Law # 2 - 1984 regarding
the establishment of Mixed Use Zones .
NEW YORK STATE DISABILITY INSURANCE
RESOLUTION NO .
Motion by Councilman Cramer , seconded by Councilwoman Howell ,
WHEREAS , the Town of Ithaca has elected to provide New York State
Disability Insurance to its employees , and
WHEREAS , it was not specified which employees or other officials
were to be included in this Plan ,
NOW THEREFORE BE IT RESOLVED , that New York State Disability
Insurance is available to all Town of Ithaca full-time and
part-time permanent employees and temporary employees who have been
hired for an anticipated employment period of six months or more ,
and
BE IT FURTHER RESOLVED , that elected officials of the Town and
members of the Town Board , Zoning Board of Appeals and Planning
Board are not eligible for disability insurance through the Town of
Ithaca .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
SALARY INCREASE FOR PLANNING BOARD SECRETARY
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
WHEREAS , there is a marked increase in Planning Board activity
requiring additional time on the part of the Recording Secretary
• for attendance at meetings and taking minutes ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize the fee paid for these services be
increased from $35 . 00 per meeting to $40 . 00 per meeting , effective
June 1 , 1986 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
Town Board 12 June 9 , 1986
TOWN OF ITHACA WARRANTS
RESOLUTION NO
Motion by Councilman Cramer ; seconded by Councilunnan
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated June 9 , 1986 , in the following
accounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 87 , 505 . 61
General Fund - Outside Village . . . . . . . . . . . . . . . $ 18 , 146 . 41
• Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42 , 518 . 15
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 96 , 762 . 44
Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 86 , 370 . 00
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 808 , 413 . 05
Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 11022 . 11
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . $ 409 . 18
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
BOLTON POINT WARRANTS
RESOLUTION NO
Motion by Supervisor Desch , seconded by Councilman Cramer ,
RESOLVED , that the Bolton Point Warrants dated June 9 , 1986 , in the
Operating Account are hereby approved , in the amount of $ 75 , 549 . 96
after review and upon the recommendation of the Southern Cayuga
Lake Intermunicipal Water Commission , they are in order for
payment .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER THE REZONING OF LANDS ALONG FIVE MILE
DRIVE FROM THE TOWN OF ITHACA/CITY OF ITHACA LINE TO THE ELMIRA
ROAD (NYS ROUTE 34 ) , FROM RESIDENCE DISTRICT R9 , LIGHT INDUSTRIAL
DISTRICT , AND INDUSTRIAL DISTRICT TO RESIDENCE DISTRICTS R15 , R30
AND MULTIPLE (PARCEL N0 . 6-31-2-20 )
Proof of posting and publication of a public hearing to consider
the rezoning of lands along Five Mile Drive from the Town of
Ithaca/City of Ithaca line to the Elmira Road (NYS Route 34 ) , from
Residence District R9 , Light Industrial District , and Industrial
District to Residence Districts R15 , R30 and Multiple (Parcel No .
6-31-2-20 ) having been presented by the Town Clerk , the Supervisor
opened the Public Hearing .
The following resolution was adopted by the Planning Board on May
• 20 , 1986 recanmending to the Town Board the rezoning of certain
lands along Five Mile Drive :
V�fiEREAS
1 . The Town of Ithaca Planning Board has reviewed the proposed
rezoning of land along Five Mile Drive from the Town of Ithaca/City
of Ithaca line to the Elmira Road (NYS Route 13 / 34 / 96 ) , from
Residence District R9 , Light Industrial District , and Industrial
District , to Residence Districts R15 , R30 , and Multiple , at a
Public Hearing held on May 6 and adjourned to May 20 , 1986 , and as
Town Board 13 June 9 , 1986
presented and described in "Preliminary Draft Generic Environmental
Impact Statement for the Rezoning of Lands in the Area of Five Mile
Drive , Town of Ithaca , New York" dated April 11 , 1986 , revised
April 18 , May 12 and May 20 , 1986 , prepared by the Town Engineering
and Planning Department ,
2 . The Town Planner has recommended that a negative declaration
of environmental significance be made for the proposed rezoning .
3 . The Town of Ithaca Town Board is to be the lead agency in
matters of rezoning pursuant to Town of Ithaca Local Law # 31 1980 .
4 . The Planning Board has determined the following :
• a) There is a need for the proposed rezoning , in order to
provide for orderly development which is in keeping with existing
residential neighborhoods and floodplain and wetland areas .
b) The existing and probable future character of the
neighborhood will not be adversely affected .
c ) The proposed rezoning is in accordance with a
comprehensive plan of development in the Town , providing that the
identification of land elsewhere in the Town which is suitable for
modern industrial use and which might be rezoned for such use
remain a priority objective of comprehensive planning efforts .
NOW THEREFORE BE IT RESOLVED ,
1 . That the Planning Board recommend and hereby does recommend
that the Town Board make a negative declaration of environmental
significance for the proposed rezoning , based on the aforementioned
preliminary draft generic environmental impact statement and all
other pertinent information .
2 . That the Planning Board recommend and hereby does recc mend to
the Town Board that the rezoning of lands as described in the
aforementioned preliminary draft generic environmental impact
statement be effected .
The vote of the Planning Board was unanimous . (Langhans , Baker ,
Mazza , May , Grigorov and Klein in attendance ) .
Town Planner Susan Beeners stated that since last presentation ,
some changes have been made in modification of language . 7 ) acres
in the flood zone was made Light Industrial . Ms . Beeners then
showed the Board members an up to date map of the proposed
rezoning .
Ms . Beeners then went on to outline the various steps in the
rezoning process . The Town Board , after reviewing the Draft
Generic GEIS may determine that the action will be a positive
determination of environmental significance , then a 30 day comment
period will begin . By August 11th any comments would be included
in the Final Generic GEIS . On August 11th the Town Board would
. file the Final EIS , therefore , the September meeting would the
earliest the areas could be rezoned .
Supervisor Desch asked the Town Planner to make sure the Board
members were clear as to where the change had occurred .
Ms . Beeners showed the Board members on the map , an area adjacent
to the City owned land that was zoned Light Industrial , 7 :) acres
most of this property would not be non-conforming .
Town Board 14 June 9 , 1986
A petition and letter , address to the Town Clerk , dated May 22 ,
1986 from Dirk A . Galbraith was noted and follows :
"Herewith please find protest signed by ten property owners within
the area affected by the proposed rezoning of the Five Mile Drive
area which was the subject of a public hearing before the Town
Planning Board on May 20 , 1986 . The property owners who have
signed this protest own approximately 58 acres of the affected land
and ccanprise more than 20 % of the total land area included in the
proposed change .
Would you please see that this protest is presented to the Town
Board prior to its meeting to consider the proposed zoning change . "
® The Petition states "We the following are apposed to the rezoning
of the land in the area of Five Mile Drive as proposed by the Town
of Ithaca " , and was signed by ten persons .
William Mobbs , 272 Enfield Falls Road asked if the area was now
zoned R-97
Supervisor Desch responded , sane of the area is presently zoned R-9
and some is zoned Light Industrial .
William Mobbs remarked that under the new plan the flood plain land
would be unusable because you can ' t build a house in a flood plain .
Town Engineer Fabbroni responded , that you could build a house in a
flood plain but it ' s not econanical to build a residence in a flood
plain .
William Mobbs remarked , land will go from some use now to unused
land ,
Town Engineer Fabbroni responded that it ' s a parcel by parcel
determination .
Supervisor Desch added , this is one reason we have looked at the
desirability of this rezoning . There are not many developers who
would want to make this kind of a financial commitment for a
building in this area .
Town Planner Beeners added that an open space designation was the
best use of this area .
Town Engineer Fabbroni remarked that there was a likelihood of
utilities becoming available to this area . An R-15 zoning would
allow a higher density if utilities became available .
Norbert Schickel , 494 Five Mile Drive stated that he felt the
rezoning plan was excellent . The Inlet provides a natural buffer
for industrial and residential . The City ' s part of the land , on
Floral Avenue , is residential and the Town should continue the
residential zone along this area . Mr . Schickel reminded the Board
that there was law suit pending concerning the parcel owned by
. Lawrence Hull , Mr . Schickel stated that he was totally opposed to
any settling of the law suit to allow what ' s going on now or an
extension of the present use , should Mr . Hull win the law suit .
Dirk Galbraith , Attorney for Lawrence Hull stated that Mr . Hull has
a map which has been color coded showing the people who have signed
the petition against the rezoning . Mr . Galbraith went on to say
that most of the private land owners are against the rezoning . He
stated that if Mr . Hull ' s land is rezoned it will deprived him of
his land and that he hoped the Board would consider the land
owner ' s feeling .
Town Board 15 June 9 , 1986
Town Attorney Barney asked Mr . Galbraith what Mr . Hull was using
his property for?
Mr . Galbraith responded , a plumbing shop .
Town Attorney Barney responded that if the land were zoned Light
Industrial Mr . Hull could not do much more without site plan
approval . Why is he so concerned if the use if a non-conforming
use ?
Mr . Galbraith responded that we take the position that we don ' t
believe the land was rezoned from Light Industrial to R-15 .
Carol Ridall , 172 Seven Mile Drive stated that she would like to
add her name to the petition as being against the rezoning .
Tim Ciaschi , owner of Parcel No . 31- 2-30 stated that he purchased
the property because of the zoning , Light Industrial . He asked if
the businesses already there would be grandfathered? He went on to
say that he has an ice corpany and a paper product company renting .
If the ice company moves out , in Ithaca , it will be hard to replace
with another ice company , if it must be replaced by the same type
of business . Mr . Ciaschi stated that he was opposed to the
rezoning .
Town Engineer Fabbroni responded that another business of the same
scale could replace an existing business . For instance ,, an
electric company could replace a plumbing company . Any structural
changes would require a review .
William Mobbs stated that there is open land in the flood plain and
a couple of the parcels are pastures with horses . What about
extending the pastures into the residential area?
Town Engineer Fabbroni responded that one parcel used for that
becomes non-conforming . So much activity is allowed for so much
acreage . The Board needs to relook at that one section of the
Zoning Ordinance . Three horses are permitted on five acres , double
horses if double acreage .
Heinz Riederer , 496 Five Mile Drive stated that he was supportive
of the rezoning of the area . The area has a residential character ,
particularly along both sides of Five Mile Drive . The traffic flow
and character support further rezoning to residential .
Anna Riederer , 496 Five Mile Drive added that she would like to
keep the area the way it was and , therefore , was for the rezoning .
Isabella Spencer , 108 Glenside Road stated that she was in favor of
the rezoning .
As no one else present wished to speak , the Supervisor closed the
public hearing .
RESOLUTION N0 .
• Motion by Supervisor Desch , seconded by Councilman Cramer ,
WHEREAS ,
1 . The Town of Ithaca Planning Board has reviewed and has
reccn vended to the Town Board the proposed Rezoning of Lands along
Five Mile Drive (N . Y . S . Route 13-A) from the Town of Ithaca/City of
Ithaca line to the Elmira Road (NYS Route 13 / 34 / 96 ) , from Residence
District R9 , Light Industrial District , and Industrial District , to
Residence Districts R15 , R30 , and Multiple , at an adjourned Public
Town Board 16 June 9 , 1986
Hearing held on May 20 , 1986 , and as presented and described in
"Preliminary Draft Generic Environmental Impact Statement for the
Rezoning of Lands in the Area of Five Mile Drive , Town of Ithaca ,
New York " dated April 11 , 1986 , revised April 18 , May 12 , May 20 ,
and June 9 , 1986 , prepared by the Town Engineering and Planning
Department ,
29 The proposed action is an Unlisted Action . The Town of Ithaca
Planning Board is to be the Lead Agency in matters of rezoning
pursuant to Town of Ithaca Local Law # 3 - 1980 .
3 . The Town Board has reviewed the "Preliminary Draft Generic
Environmental Impact Statement for the Rezoning of Lands in the
Area of Five Mile Drive , Town of Ithaca , New York " dated April 11 ,
• 1986 , revised April 18 , May 12 , May 20 , and June 9 , 1986 , prepared
by the Town Engineering and Planning Department , and has considered
the proposed Rezoning of Lands along Five Mile Drive (N . Y . S . Route
13A) from the Town of Ithaca/City of Ithaca line to the Elmira
Road (NYS Route 13 / 34 / 96 ) , from Residence District R9 , .Light
Industrial District and Industrial District , to Residence Districts
R151 R30 , and Multiple , and as presented and described in this
document at a Public Hearing held on June 9 , 1986 .
NOW THEREFORE BE IT RESOLVED ,
1 . That the Town Board of the Town of Ithaca hereby accept and
does accept the "Preliminary Draft Generic Environmental Impact
Statement for the Rezoning of Lands in the Area of Five Mile Drive ,
Ithaca , New York" , revised draft dated June 9 , 1986 .
2 . That this draft is to be filed and that a 30 day public
comment period begin as required in 6 NYCRR 617 and Town of Ithaca
Local Law # 3 - 1980 , and that a Public Hearing on the Draft. EIS
will be held on July 7 , 1986 at 7 : 00 P .M .
39 That the Final Generic Impact Statement will be considered for
filing on August 11 , 1986 , and that the Consideration of Rezoning
of such lands be adjourned until at least 10 days after the final
filing .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 2 - 1984 , REGARDING
THE PROCEDURE FOR THE ESTABLISHMENT OF LIMITED MIXED USE LAND USE
DISTRICTS
Proof of posting and publication of notice of a public hearing to
consider amending Local Law #2 - 1984 , regarding the procedure for
the establishment of Limited Mixed Use Land Use Districts having
been presented by the Town Clerk , the Supervisor opened the public
hearing .
Councilman Cramer asked why the local law was being changed?
• Town Attorney Barney responded , because of an inconsistency in the
Zoning Ordinance . Section 46 and 46a says the Planning Board will
review applications for the Limited Mixed Use Land Districts ,
however , pages later in the Zoning Ordinance it says the Town Board
must refer any request to the Planning Board before the Planning
Board can review any such requests .
Councilman Cramer asked if the Town Board would retain the right of
lead agency?
Town Board 17 June 9 , 1986
Town Attorney Barney responded that the Town Board is lead agency
under the rezoning .
RESOLUTION NO .
Motion by Councilman Cramer , seconded by Councilwaman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby declares
a negative declaration regarding the Short Environmental Assessment
Form as the amendment of Local Law No . 2 - 1984 , will not result in
any significant adverse environmental impact as the action is a
clarification of the procedure .
• (Desch McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
LOCAL LAW NO . 3 - 1986
Motion by Councilman McPeak ; seconded by Councilman Cramer ,
LOCAL LAW N0 . 3 - 1986
A FOCAL LAW TO AMEND THE ZONING ORDINANCE REGARDING THE PROCEDURE
FOR ESTABLISHMENT OF LIMITED MIXED USE LAND USE DISTRICTS
Local Law No . 2 of the year 1984 of the Town of Ithaca amending the
Town of Ithaca Zoning Ordinance is itself amended as follows .
A . Section 5 as set forth in said ordinance is deleted and a new
Section 5 is inserted in its place to read as follows .
( a) Before submitting a general site plan to the Planning
Board , the applicant shall submit the general site plan
to the Town Board .
(b) The Town Board , in its discretion , may require additional
information , may refer the matter to the Planning Board
for recommendation , or may establish a public hearing
date on the proposed district .
( c ) No application for the establishment of any such district
shall be referred to the Planning Board except by the
Town Board .
(d) The Town Board may impose other procedural requirements
with respect to any application or with respect to a
specific application as the Town Board may deem necessary
and desirable .
Be This law shall take effect on the date it is filed in the
Office of the Secretary of State of the State of New York .
• Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwanan Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No . 3 - 1986 , was thereupon declared duly adopted .
Town Board 18 June 9 , 1986
LIMITED MIXED USE LAND USE DISTRICT
RESOLUTION N0 .
Motion by Councilwoman Raffensperger ; seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby refer
the proposal of the Tompkins County Planning Department for a
Limited Mixed Use Land Use District , Tompkins County Owner , located
at 1283 and 1287 Tr unansburg Road , Tax Parcel No . 24-3-2 . 2 , to the
Town of Ithaca Planning Board for their consideration .
• (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
FINANCIAL REPORT
RESOLUTION NO .
Motion by Councilman Cramer ; seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca hereby accepts
the Financial Report for the month of May .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
NEIDERKORN PROPOSAL ON ROUTE 96
Supervisor Desch presented the following proposal from Tom
Neiderkorn , presented in a letter dated April 19 , 1986 , addressed
to Mayor John Gutenberger .
" I am submitting this proposal for a study and analysis of
potential impacts of a relocated Route 96 up Ithaca ' s West Hill .
This proposal is based on my letter to you of March 21 , 1986 , and
the understandings and opinions expressed in that letter .
My intention is to use , to the fullest extent , existing data that
are available or will be gathered over the next few weeks by public
agencies or ad hoc groups . I will supplement this with my own
investigation to the maximum extent practical in terms of time and
budget .
It is not the purpose of a study such as I propose to provide an
exhaustive and statistically definitive analysis of every possible
aspect of this issue . Rather , I propose to examine selected
specific concerns of the relocation proposal , identify major
impacts related to these concerns , and provide an estimate of the
likely magnitude and implication of such impacts based on available
information and my personal knowledge of , and experience in , this
community .
• There are four specific aspects of the highway project that I
propose to examine in this study :
1 . The potential impact of a relocated road on short - and long -
range use of land on West Hill , particularly in the Town of
Ithaca . This would include a consideration of existing land
use , potential traffic changes on existing roads due to the
new highway , the capaciaty of existing infrastructure ,
existing land value and ownership patterns , apparent market
competition in the area , environmental characteristics , public
Town Board 19 June 9 , 1986
policy and similar factors that would likely affect
development in this area .
2 . The potential impact of a relocated road on Cass Park and the
short - and long - range use of land in the area between
Cayuga Inlet and the flood control channel ( the Island) . This
would consider such things soil characteristics , land use and
ownership patterns , possible future traffic patterns ,
properties to be taken for the new highway , developmental
constraints , existing long - range development plans , public
policy and an evaluation of the most appropriate use of West
End land vis-a-vis the overall community land use picture .
• 3 . Evaluation of the impact of various Route 96 relocation
proposals on traffic patterns and neighborhood character in
the rest of the con mity . This would focus primarily on
cross-city routes and , to the extent that information is
available or could be estimated , the positive and negative
aspects of anticipated cross-city traffic patterns would be
examined for the various Route 96 proposals . Pertinent
railroad information , as this is gathered by the Town of
Ithaca , would be incorporated into this section .
4 . The aesthetic and visual implication of alternative designs
will be examined . This would include considerations of scale ,
mass , dimension , construction technique , views , kinesthetic
experience and landscaping opportunities , particularly within
the City . Pertinent information from the State ' s
environmental impact study will be included if this
information can be obtained .
In addition to be above , I propose to review the specific physical
designs for the various alternative routes and identify possible
changes that might mitigate adverse impacts or improve the
effectiveness of the new road .
I have specifically not included in the scope of this proposal the
following :
a . An examination of the probability of loss of life or
destruction of property due to traffic obstruction by railroad
activity .
b . An economic market analysis to assess the potential for new
residential and nonresidential ( commercial ) development
related to alternative highway designs .
c . Cost-benefit analyses to identify and assess the immediate and
long-term costs and benefits which might be associated with
the alternative designs .
These issues would require substantially more time to do well and
would not , in my opinion , lead to an uncontrovertable conclusion
that one solution was better than another .
• z propose to provide a reproducible copy of any final report ,
including any maps that might be used . In addition , I would be
prepared to make two public presentations during the study , the
nature and timing of which would be determined by you The final
report would be organized so as to facilitate comparisons of the
various proposals . It would be primarily informational and ,
therefore , the inclusion of specific recommendations for one route
or solution over another is not anticipated at this time .
To do the study outlined above , I estimate it would take 200 to 250
hours of my time . I propose to do the study at cost , i . e . , actual
Town Board 20 June 9 , 1986
time and overhead , and estimate it would cost up to a maximum of
$ 8 , 600 . 00 . This figure includes the participation of a traffic and
transportation engineer to assist with traffic movement impact
analysis .
To make the study most effective it will be necessary to have good
cooperation from involved public officials , which I hope you can
arrange . Existing studies and background data should be made
available . It is also important that relevant long-range
development policies and prospective or needed capital improvement
projects in this part of the City and Town of Ithaca be considered
and evaluated . In this regard , I would expect to arrange for a
number of discussions with both public and private sector
• individuals and groups .
I propose to start work on this study as soon as authorized to do
so and to bill monthly for work completed , based on time sheet
records . Approval of this letter can constitute an agreement
between us or the material herein can be adopted to any contractual
form you require .
If you would like to discuss further any modification of this
proposal , or would like clarification on any aspect of it , please
give me a call . "
Supervisor Desch stated that the parties (City , County and Town
representatives ) , agreed to go back to their Boards to request that
each appropriate one-third of the $9 , 900 . 00 cost . Also , all agreed
that the County Planner would be the lead person , to pull meetings ,
etc . , together . The Supervisor went on to say that Common Council
would soon be contacted regarding the proposal , and that Frank
Liguori would be taking the proposal before the appropriate County
committee .
Councilwoman Raffensperger asked if the Town would be getting their
one-third worth?
Supervisor Desch responded yes , the Niederkorn proposal is a very
good proposal .
RESOLUTION N0 .
Motion by Councilwcmn Raffensperger ; seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Town ' s participation in the Niederkorn proposal
regarding the study and analysis of potential impacts of the
relocation of Route 96 , and
FURTHER BE IT RESOLVED , that the Town assume one-third of the cost ,
with the City and County also appropriating one-third of the cost
each , of $ 9 , 900 . 00 necessary to complete the study .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
• voting Aye . Nays - none) .
Councilman Cramer asked how much additional staff time would be
needed?
Supervisor Desch responded , if we are going to pull this road off ,
we have to be ready to commit all the staff time and money that is
needed .
Councilwcman Raffensperger speaking to the Supervisor -- pull road
off? Do you mean to get the information on the need for the road?
Town Board 21 June 9 , 1986
Supervisor Desch responded , taking the necessary time and money
needed to look at all the alternatives .
ACCRUED VACATION AND SICK TIME BENEFIT FOR LEWIS CARTEE
RESOLUTION NO .
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
WHEREAS , Lewis D . Cartee , past Zoning Officer/Building Inspector
for the Town of Ithaca had accumulated vacation hours and sick time
as of his death on May 23 , 1986 ,
• NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize the payment of approximately $ 1 , 600 . 00 for
accumulated vacation and $ 660 . 00 for seven days sick time for an
estimated total of $ 2 , 260 . 00
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
ADJOURMMENT
The meeting was duly adjourned at 8 : 05 P .M .
Town Clerk
•