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HomeMy WebLinkAboutTB Minutes 1987-08-17 TOWN OF ITHACA REGULAR BOARD MEETING August 17, 1987 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 17th day of August, 1987, 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: John Barney, Town Attorney Robert Parkin, Highway Superintendent Robert Flumerfelt, Town Engineer Susan Beeners, Town Planner William Hooton, 1235 Trumansburg Road Beverly Livesay, County Boards of Representatives Richard Ruswick, Town Attorney Representatives of the Media: Nancy Feathers, Cable News Center 7 Tom Maskulinski, WTKO Liz Glener, FM93 PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TOWN OFFICIALS Town Supervisor's Report Dedication of Sewage Treatment Plant Supervisor Desch reported that the major plant start up will be occurring in phases starting late this month and going on through the Fall. The SJS has decided that it would be wise to schedule the dedication next spring once the site has been cleaned up and processes all tested out and odors hopefully to a minimum. Project completion is right on schedule and within budget. We expect to finish the year with a 300-400 hundred thousand dollar surplus in the operating account which we plan to put into a capital reserve fund. Such should be up to 5% of the plant values excluding foundation which is about 1.0-1.5 million dollars for major capital equipment replacement. Hopefully the addition of $200,000 per year will get us there in five years. This should avoid fluctation in rates. Route 96 Draft EIS by NYS DOT Supervisor Desch noted that the draft reports are now expected to be received in late September or early October, another delay. We Town Board 2 August 17, 1987 do know through correspondence between the City and the State that there is considerable activity in order to complete this work. Farmers Market The Supervisor went on to say that there has been some interest in locating the Farmers Market in the Town off Route 13 and/or off Bostwick Road. Other sites are possible and may be preferable. Some of the evaluation criteria and study results of the City architect are available in the Circulation Folder. Some rezoning may be required. Youth Services Discussions Supervisor Desch stated that he expects the City to set up a • discussion meeting following the receipt of our response. They are putting together figures for the cost per participant of all the programs and locations. Mrs. Grainger, from Cayuga Heights, and someone from the Village of Lansing will be joining us. Hull Matter Supervisor Desch remarked that he was pleased to report that the Town has successfully defended its position in the Courts on this matter. The Zoning Board of Appeals may set the conditions under which the facility may be used for storage. Water and Sewer Supervisor Desch noted that approval has been received from Audit and Control for both water and sewer projects. There is considerable bidder interest in the project and we have the bond resolutions ready for adoption. Town Engineer's Report Water and Sewer Town Engineer Robert Flumerfelt reported that the first Phase of the water and sewer project were out to bid, we will be taking the bids on September 2nd. Highway Garage Heating System Mr. Flumerfelt reported that the Highway Garage heating project is under way, the contractor has started and is about half way finished. Paving Projects The Town Engineer reported that the paving of Forest Home Drive has been completed. He went on to say that all of this had been completed while he was on vacation and that he had not seen the job yet but that he heard it had turned out well. Councilman Cramer remarked that now that the water and sewer bids were out, one on going project comes back to haunt us, the drainage on Blackstone. Town Engineer Flumerfelt responded, that is next after we get the rebids out for the hospital access road. The surveys are done. • Supervisor Desch asked where Kay Street stands? Town Engineer Flumerfelt responded, Kay Street is scheduled for paving next week but it depends on the availability of a paver. Highway Superintendent's Report Town Board 3 August 17, 1987 Highway Superintendent Robert Parkin stated that he had a few items to report but the Town Engineer had asked him about them and has reported to the Board on these items, the heating system and paving on Forest Home Drive. Councilwoman Raffensperger asked if the Town had paved Caldwell Road? Highway Superintendent Robert Parkin responded, not with a paver, we paved it by skim patching it with a grader, we made it bearable. Councilwoman Raffensperger went on to say that she has, what seems to be her favorite topic, the shoulders of the road. She went on to say that she noticed now that at least there are signs on Warren Road that say low shoulders but that she had cow down Caldwell Road the other day and that was real interesting, those shoulders have a very high drop off and she stated that she felt there should be postings stating low shoulders. We have run into some difficulty in the past when we have not placed signage properly. Town Planner's Report Town Planner Susan Beeners reported that she has had Dave Gilbertson working on doing an inventory of land use on West Hill and transportation alternatives. She went on to say that she had the engineer aids working on actual classification of land use on South Hill. She stated that she has been working with several potential development applications on both South Hill and on West Hill. There are subdivisions planned, Ciaschi on West Hill, on South Hill she stated she had had inquiries about the development of a subdivision adjacent to the Coddington Road Community Center. For that one she stated that she had advised the applicant to consider requesting a waiver of the 10% open space requirement and the substitution instead of a contribution to, for instance, expanding the facilities at the Community Center. They may be ready by September to come before the Board with a formal proposal, expanding the Ccen=ity Center playfield. Councilman Cramer asked how many units are in the subdivision on South Hill? Town Planner Beeners replied, ten lots. Councilman Cramer asked the developers name. Town Planner Beeners replied, Richard Atkins. MS. Beeners went on to say that there was a day care facility in the early planning stages on Warren Road, near the BOCES property. There is a proposal for a neighborhood shopping center at the corner of King and Troy Road, which will cue before the Planning Board for sketch plan review at one of the September meetings. Ms. Beeners went on to say that on the new fire stations, the minutes of the meeting are being circulated from the meeting we had • on the 31st, with Mr. Egner, Ed Olmstead and City Engineer Bill Gray. The architect is trying to pear down the specs as the sketches are coming up about a third larger than the original proposal for square footage. Town Planner Beeners went on to say that the County had received grant money for the aquadic weeds. She went on to say that it was her understanding that the County would be receiving equipment for the digitation of maps which might be the first step in the County Town Board 4 August 17, 1987 digitating the tax maps. The Town might need to purchase equipment over the next year to interface with the County. Town Planner Beeners noted that the Hungerford Heights Park play structure has been completed and in use. She noted that they have received requests for and have started to build a half court basketball court at that park. Ms. Beeners stated that the Forest Home walkway, were we have metal steps, which have been built and rebuilt twice, the steps may be going shortly. The�County is interested in building a ramp walkway as an off shoot of their pavement program along Warren Road so we are working the easements. The Town Planner stated that she had been to a couple of meetings on the Theory Center. One was the one held today and the other meeting was the presentation on August 6 by Cornell. Councilman Cramer asked if there had been any response back from the Chamber of Commerce regarding the rezoning on the East Shore Drive. Town Planner Beeners responded that she had a call from Herbert Brewer last week, wanting me to explain how the request had evolved and how it had finally boiled down to a rezoning request. She stated that she understood that their attorney was to contact our attorney about this matter. Councilman McPeak, speaking to the Town Planner, remarked that she spoke about a Day Care Center on Warren Road, he asked if she was taling about the Adams property? Ms. Beeners replied, in front of a farm house that sets way back, the preliminary plan shows the Day Care Center in front on about three acres. Supervisor Desch asked how large the population would be? Town Planner Beeners replied that she could not remember the size of the school but it is to be a combination of the Montessory School that's currently in the Human Ecology School. It partly Cornell and partly another school. Councilman McPeak remarked that it was not the best place for a school because of the traffic flow. Town Planner Beeners remarked that the building would be back at least 100 feet fron the road. They would have three acres which would give them a lot of room. The school speed limit would probably be expanded to cover this area. Councilwoman Raffensperger asked is there is a place upstairs where all of these current proposals are located in folders where the Board members can come and look and get further information? Town Planner Beeners stated that she felt arrangements could be • made to have central files. Report of County Board of Representatives County Board of Representatives Beverly Livesay stated that things were proceeding with Mr. Richardson and that the County was taking the lead. She went on to say that she did not know if the Board was interested in the Leachate Treatment program, it was originally going to be at the Casswell Road site and now that it is closed it Town Board 5 August 17, 1987 is producing so little leakage that it will not support the project. It will be done at the other one. Cornell is also involved in this project. Mrs. Livesay noted that there probably won't be a decision on the landfill site until September or October. It's just a matter of when the tests are completed. Supervisor Desch noted that the Town Board had received a letter from Mr. and Mrs. James Baker regarding the Enfield site. (Copy attached) . Mrs. Livesay stated that she had received lots of letters on the Enfield sites. WATER AND SEWER REFUNDS RESOLUTION NO. 153 Motion by Councilman Cramer; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize refunds for water and sewer payments be made to the following accounts because of double payments: ACCT # NAME & ADDRESS AMOUNT 174-016638-6 Earland Mancini $ 63.80 22 Renwich Heights Road Ithaca, New York 14850 186-021650-3 James A. Sanderson $204.01 3 Lisa Lane Ithaca, New York 14850 170-015444-6 Prof. A. R. George $163.55 119 Pine Tree Road Ithaca, New York 14850 187-021944-5 Sally Dutko $115.00 302 Winston Drive Ithaca, New York 14850 190-023350-8 Pam Taber $ 15.91 103 Sycamore Drive Ithaca, New York 14850 188-022300-4 John Gorsky $223.78 409 Warren Road Ithaca, New York 14850 190-023179-1 Helen Quach $ 31.15 210 Sapsucker Woods Road Ithaca, New York 14850 164-012258-8 Greg Young $149.18 202 Pennsylvania Avenue Ithaca, New York 14850 167-013629-6 Ted Lee $121.92 985 Danby Road Ithaca, New York 14850 174-016550-3 David & Pamela Monk $ 74.30 7 Renwick Drive Ithaca, New York 14850 D �o� An SWEYOLAKAN FARMS AW , 380 Bostwick Road Ithaca, New York. 14850 ��� ► Aupust 12, 1987 �IACA Town of Ithaca Mr. Noel Desch 126 E. Seneca St. Ithaca, N. Y. 14850 Re: Landfil Site "EN 3", Alfred Eddy, Enfield Our family awns over 300 acres in the Town of Ithaca that joins Mr. Eddy' s property on the Sheffield Road, and has frontage on Poole Road and both sides of Bostwick Rd. Considering the location and the view, this property could provide the Town of Ithaca with prime development sites in the forseable future. We are sure you are well aware of all the obvious detriments this site. would cause, but perhaps the matter of run-off polution needs to be stressed. Our property lies to the East, on the low side of Mr. Eddv" s great elevation. and receives the brunt of his surface run-off. Even more alarming is the potential for seepage because the soil in this area is a loose. sandy loam, and contaminants leach through it much faster than through a clay-type sail. Of all the sites under consideration, it seems to us the "EN 3" site has the potential of causing more harm to more people for more years than ar►v ether possibility. Please oppose this si-te because it poses such a serious threat to the envircinment in the Town of Ithaca. Very truly yours. James & Phyllis Baker Town Board 6 August 17, 1987 (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . ADDITION TO PERSONNEL MANUAL - DRIVER'S LICENSE/DRIVING RECORD Councilman Cramer, noting the line that states that it is mandatory that there be a clean diving record with no history of moving violations. He went on to question if the sentence should not say no current history of moving violations rather than no history of moving violations. Sameone could have had a speeding violation three or four years previously and that would exclude him. Town Attorney John Barney remarked, even two days previously would • exclude them. He stated that he was not sure this was what you want. It takes three speeding violations to loose your license. Do you want to exclude someone automatically just because they had a speeding violation a week or two before applying for a position. Councilman McPeak remarked, when you renew your license they drop those old speeding violations. Town Attorney Barney replied, they drop any that are more than 18 months old. The Town Attorney suggested language changes. RESOLUTION NO. 154 Motion by Councilwoman Raffensperger; seconded by Councilman Cramer, WHEREAS, a driver's license is required for some positions with the Town of Ithaca and is so stated in the applicable job description, and WHEREAS, when a driver's license is a requirement of a position, it is mandatory that there be a clean driving record with no history of any infraction relating to alcoholic beverage or drug consumption, reckless driving or repeated moving violations, NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca that if an employee holding a position with the Town requiring a driver's license, has such license suspended or revoked for any reason, he or she is subject to immediate termination, and FURTHER BE IT RESOLVED, that this termination may be enforced whether or not a conditional driver's license has been granted. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . HOSPITAL ACCESS ROAD Supervisor Desch noted that this was the resolution distributed at • the August 3rd meeting, which he covered in detail. There are three resolutions involved here, the one we are now looking at has to do with the Town's commitment, the second has to do with the rejection of the bids on the longer version of the road and the third is to authorize bidding on the shorter version of the road, which is consistent with this resolution. He went on to say that basically the change is the addition of $15,000 for the Town's commitment. This is for landscaping which we will be budgeting for over each of the next five years. Town Board 7 August 17, 1987 RESOLUTION NO. 155 Motion by Councilwoman Howell; seconded by Councilman McPeak, WHEREAS, by previous action the Town of Ithaca agreed to provide administrative, design, project management and land acquisition services at an estimated cost of $25,000 toward the construction of the new Hospital Access Road, and WHEREAS, bids have been received on the construction of said road and new estimates indicate that the project cost will exceed the monies available, and • WHEREAS, the other parties involved with the project have agreed to increase their participation in the project as well as realign the portion of the street previously designed through the Ball property, NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca will increase its level of in kind services to $35,000 with the understanding that the landscaping, estimated to cost $15,000, is included in the overall project cost of $160,000 and may be accomplished by the Town over a five year period, and FURTHER, with' the understanding that the other parties agree to increase their shares to make up the remainder of the project cost of $125,000. The recommended allocation would be as follows: Town of Ithaca $ 35,000 Community Hospital 45,000 Tompkins County 50,000 Professional Building 30,000 $160,000 (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . REJECTION OF BIDS ON HOSPITAL ACCESS ROAD AND REBIDDING OF HOSPITAL ACCESS ROAD Supervisor Desch stated that it was obvious why the bids were being rejected, the lack of sufficient revenue and, therefore, it is necessary to rebid the project. RESOLUTION NO. 156 Motion by Councilman Cramer; seconded by Supervisor Desch, WHEREAS, six bids were received on July 13, 1987, for part of the construction of the proposed Hospital Access Road ranging in amounts from $106,979 to $189,900, with the remainder of construction to be accomplished by County and Town forces and project costs divided among the Tompkins Community Hospital, the Professional Building, Tompkins County, and the Town of Ithaca, the latter two with in-kind services, and • WHEREAS, total project costs, including the cost of work for which bids were received, exceed the monies previously committed by the above parties for the project, and WHHREAS, it is probable that the project can be accomplished by a combination of _ increased level of participation by the above parties and realignment and redesign of the proposed roadway previously designed through the Ball property to effect cost reduction, and Town Board 8 August 17, 1987 WHEREAS, the redesign of the roadway constitutes a major reduction in the scope of work for which negotiation with the original low bidder would be inappropriate, NOW THERE FOR BE IT RESOLVED, by the Town Board of the Town of Ithaca that the bids received on July 13, 1987, be rejected and that the roadway be redesigned and rebid as soon as possible. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . CIASCHI AGREEM ENT Supervisor Desch stated that the revised Ciaschi agreement is in keeping with the revised proposal which he has before the Planning Board which is also the subject of the consideration of the rezoning, Item 21 on the agenda, the rezoning from R-30 to R-15. This, from a technical standpoint, is consistent with the layout of the water and sewer. The only thing that this changes is the provision of the sewer line and the water line on the later phase of the Ciaschi project. It does not require the developer to construct the lines in the original time frame set in the agreement. Supervisor Desch noted that there was definitely a problem with Item #15. Town Attorney Barney remarked Item #14, also. The Town Attorney went on to say that there was kind of a loop situation where Ciaschi was going to construct the water and sewer lines running from a point that the Town of Ithaca would construct theirs to, two legs of a "Y", one to Woolf Lane and one to Grove Road. Mr. Ciaschi has deleted any reference to the ones to Grove Road, as a result, the agreement has changed. He went on to say that the problem he had was that the identification of what maps we are talking about is not clear and that should be spelled out in more clarity. However, this can be worked out with Mr. Ciaschi's attorney, Robert Stolp. He then questioned if the Town did not want to put in a provision that sane day that other leg will be constructed. Supervisor Desch responded, we should put it in and also put in a time limit. Town Attorney Barney continued, saying aside from those kind of technical provisions and the suggestion that Item #14 and #15 be deleted altogether, and insert again some amount, we had $50,000 before, it is now a blank. Councilman Cramer asked if Item #12 had changed? Town Attorney Barney responded that Item #12 was a deletion, a typographical error . . . ."in the event there is any default by Ciaschi" . . . . the beginning of the sentence is missing. The Town Attorney went on the say the other question he had was the waiver • of the water and sewer assessments. Town Supervisor Desch responded that the wording should be the wording of the Town Attorney's latest draft which waives the units that are constructed by Ciaschi but not the units on the part the Town is constructing. There aren't too many units on the part the Town is constructing. He noted that the wording the Town Attorney proposed in the last draft, prior to this is accurate and should be inserted here. Town Board 9 August 17, 1987 Town Attorney Barney remarked that the real question is how long a time does the Town want to give Ciaschi? Do you want to suggest language that says the other leg of that "Y" will be done at some point. He went on to say that as he understands it, if that leg is not done then the people on Grove Road will not have an activated sewer line. Supervisor Desch responded, that is correct. They will only have water. The Supervisor went on to say that he thought two years would be sufficient time because Ciaschi does not have to build a road inorder to do what we need. A limit should be put on the sewer only, we don't have a problem with the water. There shouldn't be a limit on the water or the road. • Supervisor Desch asked the Town Attorney to came back, to the Board, with a revised agreement. Councilwoman Raffensperger remarked that it would be helpful if when the agreement cotes back to the Board again, the Board members could see some maps as this has gone through several different kinds of changes and agreements. She stated that she had lost track of what the Board started with and what has been changed. Supervisor Desch remarked that there is a map of Phase I but no map of Phase II yet. Councilman Cramer asked if there was any alternative to the Town should Ciaschi decide not to construct his subdivision, so that the Town can provide water and sewer to Grove Road? Supervisor Desch replied yes, there is an alternative for water. Councilman Cramer asked if the alternative for sewer was extremely costly to the Town? Supervisor Desch replied for sewer, yes. Councilman Qramer remarked that he did no want to delay the water and sewer project for West Hill. Supervisor Desch replied that he did not think it would, that is why it's on here now so that we can keep moving forward as rapidly as feasible, but that the Town also must have the facts that it needs. The Planning Board is continuing review so that as we move forward on the zoning question the Planning Board moves forward on their consideration of the details, which will all come together. Supervisor Desch asked the Town Attorney to prepare a revised draft and send it to Ciaschi's attorney. Councilwoman Raffensperger asked if the parcels that are to be considered for rezoning are going to be provided with water and sewer under any version of these agreements? Supervisor Desch responded, yes. Under this current agreement the parcels that are listed in Item #21 will have water and sewer. We suggested to Ciaschi that if we are going to rezone it, we rezone that whole parcel R-15 so that then he knows that as he proceed along with the density question, if he gets approval for clustering, then he knows he has to do water and sewer and there is no question. Town Attorney Barney remarked, if not he knows he has to have larger lots. Town Board 10 August 17, 1987 Town Planner Susan Beeners stated that the time frame for the Planning Board to deal with this is September lst. They are expected to cone in for preliminary subdivision approval then September 14th the Town Board would rezone the property and then on the 15th final subdivision approval. They have also indicated that the 15th is the date the engineer will be able to have the sewer and water designed. Supervisor Desch replied, that if we set the hearing for the 14th it is conceivable we could rap up this agreement as well. We will know what the Planning Board did on the 1st. SET DATE FOR PUBLIC HEARING TO REZONE TOWN OF ITHACA PARCELS NO. 6-23-1-11.112 AND 6-23-1-11.113 FROM RESIDENCE DISTRICT R-30 TO RESIDENCE DISTRICT R-15 RESOLUTION NO. 157 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 at 6:30 P.M., on September 14, 1987 to consider the rezoning of Town of Ithaca Tax Parcels No. 6-23-1-11.112 and 6-23-1-11.113 located off Woolf Lane and Grove Road from Residence District R-30 to Residence District R-15. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW INCREASING FEE SCHEDULES FOR BUILDING PERMITS, CERTIFICATES OF COMPLIANCE AND ZONING BOARD OF APPEALS HEARINGS Supervisor Desch remarked that basically what is proposed is an amendment to the Zoning Ordinance which changes the fee schedule to be more consistent with the cost of providing building inspection. Depending on what size project you are looking at, the fees double. The fees were changed about two years ago. Councilwoman Raffensperger stated that it was her understanding at a meeting of the Association of Towns, when they discussed the fees for such procedures in the Town, that the only legal requirement was that it be related to actual costs and that if it was to be defensible there should be some kind of backup for this that illustrates that there is a relation to the cost for the procedure we are charging. She stated that she assumed the Board would have this information before voting on this proposal. She asked the Town Attorney if this was his understanding? Town Attorney Barney stated that he has not seen other municipalities fees but that he did know what the Building Inspector was going through on the larger projects. Getting into things like handicapped access, building code compliance, the uniform fire prevention code compliance, even before Andy, Lou was • spending hours and hours and hours, both reviewing the plans and then being present at various stages of construction. Councilwoman Raffensperger stated that one of the questions she has is that, is this even a very small percentage of the actual cost? She stated that she felt for sometime that the fees needed to be higher, in that we do get projects in that take enormous amounts of staff time and half the time fall through so you can't even justify them on the basis that you eventually get tax revenues. She stated i Town Board 11 August 17, 1987 that she would just like a better understanding of how these relate to the cost of reviewing these projects. Are they enough? Supervisor Desch replied, this is one of the problems. There are several types of reviews, this particular review here has to do with the building code. At some point in time we will have to look at our SEQR Local Law, at which time we need to talk about the cost of our review process there. Councilwoman Raffensperger stated that she thought she heard the Building Inspector say the other day that he may actually go and makes ten inspections. Supervisor Desch replied that ten is probably the exception. • Councilwoman Howell remarked that we must be careful not to discourage development in the Town. Councilwoman Raffensperger replied, but you have to ask who is subsidizing the development, that's my problem. Supervisor Desch agreed with Councilwoman Howell. However, we need to decide at what level do we want the taxpayers to subsidize this. Supervisor Desch went on to say that he and the Building Inspector prepared separate schedules on the fees to see where we came out. The Building Inspector came out a little higher. RESOLUTION NO. 158 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 at 1:45 P.M., on September 14, 1987 to consider a local law amending the Zoning Ordinance to .increase the fee schedules for building permits, certificates of compliance and Zoning Board of Appeals hearings. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING VARIOUS LAWS OF THE TOWN TO REFLECT THE ENACTMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Town Attorney Barney stated that the new New York State Uniform Fire Prevention and Building Code requires that if we are going to do the enforcement locally we have to have certain provisions in our own local laws procedurally to enforce them. There are also sane inconsistances in terms of definitions between the Subdivision Regulations and the Zoning Ordinance and the State Code. He went on to say that he and the Building Inspector had a meeting, we worked through several of the statues and we would like to suggest several amendments. • RESOLUTION NO. 159 Motion by Councilwoman Howell; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:00 P.M., on September 14, 1987 to consider the adoption of a local law amending various laws of the Town to reflect the enactment of the New York State Uniform Fire Prevention and Building Code. Town Board 12 August 17, 1987 (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BOND FOR THE TOWN OF ITHACA TO PAY THE COST OF THE 1987 SEWER IMPROVEMENT RESOLUTION NO, 160 At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 126 East Seneca Street, in Ithaca, New York, in said Town, on August 17, 1987, at 5:30 o'clock P.M., Prevailing Time. • The meeting was called to order by Supervisor Desch, and upon roll .call being called, the following were PENT: Councilman Bartholf Councilman Cramer Councilwoman Howell Councilwoman Leary Councilman McPeak Councilwoman Raffensperger Supervisor Desch The following resolution was offered by Councilman Cramer who moved its adoption, seconded by Councilwoman Howell to wit: BOND RESOLUTION DATED August 17, 1987 A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF A SEWER IMPROVEMENT FOR SEWER SYSTEM BENEFITED AREA - 1987 OF SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an order dated March 9, 1987 and the approval of the Comptroller of the State of New York, on August 5, 1987 the Town Board of the Town of Ithaca, Tompkins County, New York, has established the Town of Ithaca Sewer System Benefited Area - 1987; and WHEREAS, it is now desired to authorize the issuance of $1,350,000 serial bonds of said Town to pay the cost of a sewer system improvement for said Benefited Area - 1987; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOw, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, • New York, as follows: Section 1. For the specific object or purpose of paying the cost Of (i) the construction and installation of an 8" sanitary gravity and force main sewer from the City of Ithaca collection system, including connections for lateral sewer services in the vicinity of Treman Marina along Taughannock Boulevard approximately 10,200 feet to the Ithaca/Ulysses Town line to provide sewer service to the properties on Taughannock Boulevard, (ii) the construction and installation of approximately 8,420 feet of 8" sanitary sewer to Town Board 13 August 17, 1987 provide sewer service for the properties on Orchard Place, Indian Creek Road, Dubois Road, Woolf Lane and Grove Place to connect to the existing Town system in the Tompkins County Biggs Complex, (iii) the construction and installation of approximately 1,150 feet of 8" sanitary sewer in Cliff Street to provide sewer service for several properties on Campbell Avenue and Trtmansburg Road and to connect with the City of Ithaca system, (iv) the construction and installation of approximately 5,880 feet of 8" gravity and force main on East Shore Drive from the vicinity of the Ithaca/Lansing Town line to the City of Ithaca Stewart Park lift station, including service to approximately eleven properties formerly in the City of Ithaca which, by mutual agreement with the City, have been annexed to the Town of Ithaca, (v) the construction and installation of approximately 3,600 feet of 8" sanitary sewer to • serve additional properties on West Haven Road to connect to the Town system already serving the lower end of this street, and (vi) the construction and installation of approximately 1,190 feet of 8" sewer main to change the location of the service and replace the sewer service to Cornell Quarters housing to enable the Town to monitor the flow and eliminate infiltration and to connect with the existing City of Ithaca system above the existing jointly owned monitoring station, there are hereby authorized to be issued $1,350,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $1,350,000 and that the plan for the financing thereof shall consist of the issuance of the $1,350,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: • 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or Town Board 14 August 17, 1987 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The resolution was thereupon declared duly adopted. BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $1,000,000 SERIAL BOND FOR THE TOWN OF ITHACA TO PAY THE COST FOR THE 1987 WATER IMPROVEMENT RESOLUTION NO. 161 At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 126 East Seneca Street, in Ithaca, New York, in said Town, on August 17, 1987, at 5:30 o'clock P.M. , Prevailing Time. The meeting was called to order by Supervisor Desch, and upon roll call being called, the following were PRESENT: Councilman Bartholf Councilman Cramer Councilwoman Howell Councilwoman Leary Councilman McPeak Councilwoman Raffensperger Supervisor Desch The following resolution was offered by Councilman Cramer who moved its adoption, seconded by Councilman McPeak to wit: BOND RESOLUTION DATED August 17, 1987 A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,000,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF A WATER IMPROVEMENT FOR WATER SYSTEM BENEFITED AREA - 1987 OF SAID TOWN. • WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an order dated March 9, 1987 and the approval of the Comptroller of the State of New York on August 6, 1987 the Town Board of the Town of Ithaca, Tompkins County, New York, has established the Town of Ithaca Water System Benefited Area - 1987; and Town Board 15 August 17, 1987 WHEREAS, it is now desired to authorize the issuance of $1,000,000 serial bonds of said Town to pay the cost of a water system improvement for said Benefited. Area - 1987; and WHEREAS, all conditions precedent to the financing of such capital project, including ccnpliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of (i) the construction and installation of a 12" distribution awater main from the City of Ithaca distribution grid in the vicinity of Treman Marina along Taughannock Boulevard, approximately 10,200 feet to the Ithaca/Ulysses Town line to provide water service to the properties on Taughannock Boulevard, (ii) the construction and installation of approximately 12,000 feet of new 8" and 12" water mains and individual services under street rights-of-ways respectively to provide water service for the properties on Happy Lane, Indian Creek Road, Dubois Road, Orchard Place, Woolf Lane, Grove Place and a portion of Tr umansburg Road and construction of a hydropneumatic pump station in this area for the distribution of water and to connect to the existing Town system in the Tompkins County Biggs Complex, and (iii) the construction and installation of approximately 1,600 feet of 8" service main connection on Warren Road to provide Town water service to a portion of the Forest Hone system presently served by Cornell University, there are hereby authorized to be issued $1,000,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $1,000,000, and that the plan for the financing thereof shall consist of the issuance of the $1,000,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Ithaca, Tompkins • County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose Town Board 16 August 17, 1987 for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, • together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The resolution was thereupon declared duly adopted. PUBLIC HEARING TO CONSIDER THE REZONING OF A 1.83 ACRE PORTION OF TOWN OF ITHACA TAX PARCEL N0, 6-24-3-3.3, LOCATED ON TRUMANSBURG ROAD, AND CONTAINING THE FORMER ODD FELLOWS' CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE RESIDENCE DISTRICT Proof of posting and publication of a notice of a public hearing to consider a local law on the rezoning of a 1.83 acre portion of Town of Ithaca Tax Parcel No. 6-24-3-3.3, located on Trumansburg Road, and containing the former Odd Fellows' carriage house from Residence District R-30 to Multiple Residence District, William L. Lower, Owner, having been presented by the Town Clerk, the Supervisor opened the public hearing. William Hooton, 1235 Trumansburg Road asked what the proposal consisted of and what do they plan to do? Supervisor Desch replied that basically the local law indicates that the 1.83 acre portion is subject to the conditions set forth in Article 6 of the Zoning Law. (Supervisor Desch then read the restrictions - see local law) . Mr. Hooton asked if the developer was talking about new structures? Supervisor Desch replied, no. Mr. Hooton questioned, this is just remodeling the old infirmary? Supervisor Desch replied, this is right. There wouldn't be any other buildings permitted. Councilwoman Raffensperger stated that she felt "a" was confusing because it says there will be no more than seven dwelling units erected on said land. These are seven conversions which is different than erecting seven units. Town Board 17 August 17, 1987 Town Planner Beeners stated that this was modified by "e". Town Attorney Barney suggested the word erected be changed to permitted. This will not change the meaning of the law. Paul Bennett, attorney for William Lower stated that Mr. Lower had no intention of building anything, only convert the carriage house to some constructive usage. Councilman Cramer asked how long will the conversion take? Mr. Lower replied, about a year. • Supervisor Desch, noting that the public hearing was still open, asked if anyone had any comments on the Short Environmental Assessment Form, as presented? Councilman Cramer asked if the roadway, to be constructed, would be deeded to the Town? Mr. Bennett replied that the road would not be on Mr. Lower's land so it was difficult to answer the question but that he thought it would become a Town road at sometime, as it will serve the properties in the rear. As no one else present wished to speak for or against the proposal, the Supervisor closed the public hearing. RESOLUTION NO. 162 Motion by Councilman McPeak; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance for the rezoning of a 1.83 portion of Town of Ithaca Tax Parcel No. 6-24-3-3.3, located on Trumansburg Road, and containing the former Odd Fellows' carriage house. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . Councilman Cramer asked if it was not unusual for the Town Board to consider rezoning a small tax parcel to Multiple Residence. He went on to say that he cannot recall the Board doing this before. Town Planner Beeners replied that there is a one acre minimum requirement before a parcel can be rezoned multiple. In this case we are looking at the conversion of an existing structure and they are planning on a fairly reasonable density. Supervisor Desch added, if you didn't have an existing structure there, the density that you would end up with would be greater than seven units. You are keeping a low density but using an existing structure. Councilman Cramer asked, if the area is rezoned is there any reason way the existing building could not be replaced with a building of a higher density? Town Attorney Barney replied, one of the conditions says no more than seven units. Town Board 18 August 17, 1987 Councilman Cramer asked if someone could come back and claim a hardship? Town Attorney Barney replied yes but it would take further action by the Town Board. LOCAL LAW NO. 10 - 1987 Motion by Councilman Cramer; seconded by Councilman Mcpeak, LOCAL LAW NO. 10 - 1987 TO AMEND TITS ZONING ORDINANCE REZONING THE FORMER ODD FELLOWS • CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE RESIDENCE DISTRICT The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. The Zoning Map dated July 1, 1954, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Residence District R-30 to Multiple Residence District. 2. The area so rezoned is subject, in addition to the conditions set forth in Article 6 of the; Zoning Law to the following additional conditions: (a) There shall be no more than seven dwelling units permitted on said land. (b) No dwelling unit will be occupied by any more than three unrelated persons and the entire premises will not be occupied by more than a total of 21 people, related or otherwise. (c) There shall be filed with the Town Clerk of the Town of Ithaca and with the Tompkins County Clerk a Declaration of Restrictive Covenant, in form and substance satisfactory to the Town Attorney, limiting the occupancy in the manner set forth above. (d) The execution by the developer of appropriate easements, subject to the approval by the Town Attorney, such that there be one-way ingress at the southern Statler West Complex gate for the Multiple Residence District created by this local law, the Mayer School, and the former Odd Fellows Infirmary, and such that there be egress from the northerly gate of the Statler West Complex, until such time as a road is constructed along the 60 foot right-of-way located adjacent to the northerly line of the premises being rezoned to Multiple Residence by this local law. These easements may be modified in the discretion of the Town of Ithaca Planning Board after • review of a revised site plan showing the proposed modification. (e) There will be no construction of additional buildings on the area rezoned to Multiple Residence District except small accessory buildings as are shown on a site plan for the Multiple Residence District approved by the Town of Ithaca Planning Board. Town Board 19 August 17, 1987 3. This local law shall take effect upon its filing with the Secretary of State or 20 days after its adoption, whichever is later. SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being known generally as Ithaca Tax Parcel 6-24-3-3.3 located on Tnmiansburg Road and is more particularly described in accordance with the map entitled "Final Plat Proposed Subdivision Lands of Cornell University" dated August 26, 1986 made by Milton A. Greene, a copy of which final plat is on file with the Town of Ithaca Planning Office as follows: • COMMENCING at an iron pipe in the easterly line of New York State Route 96 which iron pipe and point of beginning is located the following courses and distances from the intersection of the center line of New York State Route 96 and Bundy Road: (f) northwesterly along the center line of New York State Route 96 approximately 1649.0 feet; (g) thence north 66 degrees 46 minutes east 35.28 feet to the easterly line of New York State Route 96; (h) thence north 43 degrees 56 minutes west along the easterly line of New York State Route 96 to the iron pipe at the point of beginning, which iron pipe is in the southwesterly corner of the lands hereinafter described and in the northwesterly corner of a 1.47 acre parcel denominated "Parcel No.3" on said map. Running from said point of beginning the following courses and distances: (a) north 56 degrees 36 minutes east 419.3 to an iron pipe; (b) north 10 degrees 10 minutes west 168.26 feet to a point in the southerly line of an area reserved for future access road; thence on a curve to the left an arc distance of 201.7 feet, said curve having a radius of 448.26 feet and a chord distance of 199.42 feet on a bearing of south 64 degrees 57 minutes west to a point; (c) south 50 degrees 4 minutes west 317.56 feet to a point; (d) south 43 degrees 56 minutes east 150 feet along the easterly line of New York State Route 96 to the point or place of beginning. It is the intention to describe Parcel No. 2 as shown on the above mentioned map being approximately 1.83 acres and the parcel shown as having a cottage on said map. • 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 Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Town Board 20 August 17, 1987 Local Law No. 10 - 1987, was thereupon declared duly adopted. QUARTERLY INVESTMENT REPORT RESOLUTION NO. 163 Motion by Councilwoman Raffensperger; seconded by Councilwoman r—, Howell, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Investment Report for the quarter ending June 30, 1987, as follows: CERTIFICATES OF DEPOSIT Date Acquired Amount Rate of Interest Maturity Date 3/3/87 $1,000,000 5.55% 6/1/87 6/2/87 $ 770,000 6.40% 9/1/87 SAVINGS End of Month Month Balance Rate of Interest April $ 424,206.33 5.30% May $ 360,514.62 5.50% June $1,594,036.42 5.50% INTEREST-BEARING CHECKING Minimum balances are maintained in the Town's interest-bearing checking accounts with transfers being made from savings to checking as needed. Rates of interest for the quarter ending June 30, 1987: April 4.50% May 4.50% June 4.50% (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . BOLTON POINT CREDIT POLICY RESOLUTION NO. 164 Motion by Councilman Cramer; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the following Credit/Refund Policy, as proposed by the Southern Cayuga Lake Intermunicipal Water Commission: In the event there is an overpayment on an individual's account, • SCLIWC will carry up to a $100 credit to be used toward the payment of future bills. If the customer requests a refund of this amount, the appropriate paper work will be initiated for the municipality to issue a refund. If the credit is greater than $100, paper work will be initiated to refund the entire credit. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . Town Board 22 August 17, 1987 (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . TOWN HALL HEATING PROPOSAL Supervisor Desch noted that the Board had a proposal from Mr. Albern of HC Yu and Associates which was distributed and discussed at the August 3, 1987 Town Board meeting. He went on to say that the proposal from staff presented to you was the design of the HVAC system for both floors at a cost not to exceed $1,500. We need to get a system in place before the upcoming heating season. RESOLUTION NO. 169 • Motion by Councilman McPeak; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize execution of the contract with HC Yu and Associates for $1,500 to design a system for both floors (engineering and Board room) . (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . PURCHASE OF CINDER SPREADER Supervisor Desch stated that the Board had a recommendation from the Highway Superintendent and the Highway Committee regarding the cinder spreader. The Supervisor asked Councilman Cramer if they had the specifications ready? Councilman Cramer replied, our feelings at this point is that the cinder spreader that we have discussed, not to exceed $7,000, will be utilized on truck 2A which is our newest addition to the Highway Department. The Highway Committee recommended the purchase in a conference call this morning. The discussion on the replacement of Truck 5 as a cinder spreader truck is under discussion by the Highway Committee and will be presented at a future meeting. Supervisor Desch remarked that there are funds in the budget for the replacement of the truck. Councilman Cramer replied, that is correct. Supervisor Desch asked the Highway Superintendent if he was working on the specs? Highway Superintendent Parkin replied, that he has specs available. He went on to say that if we keep the old spreader and buy a new spreader, we can put that on the new Truck (2A) put the old spreader on Truck 2 we will have an additonal backup spreader for spreading cinder and plowing, also. • RESOLUTION NO. 170 Motion by Councilman Cramer; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the advertising for bids for a new cinder spreader for an existing vehicle. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . Town Board 23 August 17, 1987 CORNER THEORY CENTER Supervisor Desch remarked that the Board has a draft resolution that has undergone some kind of metamorphosis since it was originally written, having to do with the statement of support in regard to the Theory Center. This resolution would have been presented at the meeting a week ago, but as you know we cancelled the meeting. We have some comments that have been incorporated into the resolution and he stated that he would like to entertain any other comments that people might have. He noted that Councilwoman Leary has a letter that she has circulated, which he stated she may wish to comment on. The Supervisor stated that he would like to have specific comments. Councilwoman Leary presented the following letter, dated August 17, 1987, addressed to Noel Desch, Supervisor, Town of Ithaca and Town Board, Town of Ithaca: "The resolution submitted to the Town Board in "support" of the "Theory Center" is inappropriate for several reasons, only the least of which is that it takes a position in a dispute that is between the City of Ithaca and Cornell. The practice of telling other municipalities how to run their affairs is not something the Town should pursue. The substance of the resolution, however, and the way it was presented to the Board, is particularly disturbing. In "supporting the Theory Center," the letter gives the appearance of siding with the University's position in this highly polarized controversy, while completely avoiding the issue at hand. The dispute between Cornell and the City involves the siting of a building. In no way is the existence of the Theory Center itself at issue; even the most vocal opponents of the siting have publicly, unequivocally stated their support of the Theory Center, a program which has existed on the Cornell campus for well over two years and which will continue to exist regardless of where the building is sited. To say, then, that the Town "supports the Theory Center" is to say nothing. Yet this general, innocuous expression of "support," as it was about to be presented at this afternoon's hearing, would have been construed as support for the specific subject of the hearing, that is, the siting of the building. If the Supervisor wishes the Town to take a real position on the siting issue, the Board should be given the Opportunity to debate the substantive question, and be provided with some background information on which to consider that question. The letter as worded appears designed to obtain an easy assent from the Board on what is essentially a non-issue, and then to present that position at the UDC public hearing as if it were an endorsement of the University's plan. The letter obscures` the difference between the Theory Center and what is known as the "Theory Center building." The building will house the Theory Center in less than half its space; the rest will be used to house departments in the College of Engineering. The letter strongly implies, however, that the building and the Theory Center are one and the same, and that the fate of the programs hangs on the fate of the building. This is simply not true. A more disturbing aspect of this resolution was its initiation by the Town Supervisor, who is also the Director of the Materials Science Center in the College of Engineering, one of the departments involved in the College's Master Plan, of which the "Theory Center building" is an integral part. Just as I, as an employee of the Theory Center, would abstain from voting on this issue, I would expect the Supervisor to similarly divorce himself Town Board 24 August 17, 1987 from taking a position in his role as a public official. To do otherwise is an ethical conflict of interest. Most of us on the Town Board are affiliated with Cornell; we must therefore be especially vigilant in guarding against acting as agents of the University in our conduct as elected representatives of the Town of Ithaca. Finally, I would object to the method by which this resolution was presented for the Board's approval. "Comments" were sought by mail, with the absence of comment interpreted as assent. As I understand from our past procedures, if an emergency vote needs to be taken, Board members are contacted individually by phone by the Town Clerk. No such survey was taken. No such emergency existed, either; the UDC was to accept public comment for a full month after • today's public hearing (that comment period has now been extended even further) . As it turned out, there was considerable hesitation about the resolution among Board members, as I discovered upon taking my own poll. I was unable to contact Councilman Bartholf, but the rest of the Board expressed either opposition or reluctance to take a position due to insufficient information. Specifically, the replies to the question, "What do you think of the resolution?" were as follows: Councilwoman Raffensperger: Refused to take a position on the siting issue, due to insufficient information. Councilman Cramer: Initially did not submit comment due to insufficient information; was unaware of where the building was to be sited; when so informed, expressed opposition to the siting. Councilwoman Howell: Did not comment on resolution because she was undecided; still studying the issue (as of 11 a.m. this morning) . Councilman McPeak: Expressed objection to the Town's considering the issue in the first place, saying it was the City's business. In my view, these responses hardly indicate a "sense of the Board" that could be interpreted as supporting either the resolution or the question of siting addressed at today's hearing. Yet the resolution was about to be presented as just such a representation. If the Board is to take a position on this controversial subject at all, it should be afforded the opportunity to meet together, as a Board, in public, to discuss the pro's and con's of the issue. That they were denied that opportunity deprived both the Board and the public of their rightful role in the political process. For all the reasons stated above, I request that the resolution as written be withdrawn". Supervisor Desch asked Councilwoman Leary if she had suggested wording to strengthen the resolution? Councilwoman Leary replied that she would like to say that this • memo speaks to the original wording without Councilwoman Raffensperger's changes. She went on to say that most of it still stands and that the only comment she would like to make about Councilwoman Raffensperger's changes is that it still the kind of thing that would be offensive to all people, in the matter, on both sides. It says "supports an environmentally responsible siting of the facility" while Cornell, she was sure, has the position that their proposed site is environmentally responsible and the opponents have their ideas of what is environmentally responsible, so as far as the usefulness of something like this, if we are Town Board 25 August 17, 1987 trying to express our opinion to UDC, which she presumed was the original intent, seeings it was going to be filed today at the public hearing, it doesn't do much good. It doesn't help clarify any position because it doesn't say whether we support the specific siting that Cornell proposes or what. Supervisor Desch replied, suppose we try to deal with that aspect first. The Supervisor went on to say that when he drafted the statement originally, he felt that the resolution should not address the site, that's strictly a matter between Cornell and the City. He asked Councilwoman Leary if she disagreed with that? Councilwoman Leary responded that she thought either we don't do the issue at all because it's in the City or if we do deal with it we make it a meaningful position. The way this was presented, or was intended to be presented to UDC, it says we support the Theory Center. Supervisor Desch responded to Councilwoman Leary stated that he felt she might have misunderstood the function of the UDC hearing. The reason why such a hearing is held, not only does it deal with the site it deals with the notion that UDC would make a major commitment, he thought $5,000,000, of funds and they would not make such a commitment to a facility at a location where the community did not want the facility. Councilwoman Leary responded, that's a siting. Supervisor Desch replied, not a specific siting, it's location. He said in other words, he did not see the issue as far as having the Theory Center in the Ithaca community any different irrespective of whether it's in the Town or not. Are we comfortable in dealing with the spin off effects of having the Theory Center in the community. That's the total question that this statement has to deal with and that is why he made no reference to a specific siting because he stated that in his mind the Board's feeling should be the same whether it's located on Alumni Field or the orchard or wherever, as far the benefit to the community of having that type of facility. He went on to say that that is why he used the reference to the Boyce Thompson Institute, a lot of work was done at that time to make sure that the Boyce Thompson Institute came to Ithaca. This is a similar kind of thing. Councilwoman Leary went on to say that the point she was making here is that for one thing the Theory Center is a reality in Ithaca. The questions is not whether or not the resource center will come to Ithaca, it has been here for over two years. Supervisor Desch asked, will it stay? Councilwoman Leary responded, yes. Supervisor Desch asked, without a building? Councilwcmn Leary responded, the point that she was making here is that the building issue has to be separated from the issue of the Theory Center, on campus. Supervisor Desch asked Councilwoman Leary if she would like to incorporate the building into this? Councilwoman Leary responded that she was not recommending one thing or another. She went on to say that she was saying that if the Town wants to take ..... "I can't vote on this . .. . because I'm and employee of the Theory Center" that's why she knew a lot about the issue. Town Board 26 August 17, 1987 Supervisor Desch replied that he did not understand why Councilwoman Leary couldn't vote. He asked her if she was in policy making? Councilwoman Leary responded, no. Supervisor Desch asked Councilwoman Leary if she was on a policy board? Councilwoman Leary responded no, but that she thought there was a dual roll. She went on to say that if you read through this, that she made all the points that the Supervisor was making now. No one is debating whether or not the Theory Center is asset an to the community, no one is debating that. It's not what UDC wanted to discuss. Supervisor Desch replied that he would take exception to that comment, it is what UDC does want to discuss. He went on to say that in other words, we don't have to make any statement whatsoever but there is a benefit in terms of keeping the Theory Center in Ithaca by way of it getting a new building. He stated that he thought this should be a question on the minds of municipal boards such as ours. Councilwoman Leary replied that no one is talking about the Theory Center relocating somewhere else. No one suggested that. She stated that nothing that she had read from Cornell, inside or outside, has suggested that. The issue that is concerned with the entire process is will the building be where Cornell proposes it to be? That's it. To come out and say we support the Theory Center sounds like we are coming down on the side of Cornell in a specific site proposal. She went on to say that we should specify whether or not we are taking a position on that. The way the old proposal and the new proposal reads, that's not clear. The Town should clarify whether or not it wants to make a recommendation about the siting or not and it should be in there. The Town does not pass judgement on a specific siting proposed by Cornell, or something like that. Councilman McPeak remarked that his concern was that the Theory Center was not to be located in the Town of Ithaca, so we should not vote on it except to say yes we welcome it into the community. Councilwoman Leary remarked that as someone who has been there for two years, we are not welcoming the Theory Center into the community. The Theory Center has been in the community for two years. That's not the issue. She asked for someone to tell her of one person in the community who said that the Theory Center should not be here in Ithaca. No one said that. The most vocal opponent of the siting has come out very much in favor of the idea of the Theory Center here in Ithaca. To link the two is inaccurate and sort of deceptive. Councilman Cramer replied that Councilwoman Leary may very well be right, however, there have been other centers that have been at Cornell that for one reason or another have left Ithaca for siting locations elsewhere. He stated that he did not think that he would be in a position to make a determination at this point whether the Theory Center, if it did not have a facility located in Ithaca, would not move to a location, for instance in Buffalo. He stated that he would prefer to have a general statement, if possible, of support of the concept of the Theory Center in Ithaca, at least then we would take a position supporting the continuation of your job in Ithaca, if you want to be as blunt as that. Town Board 27 August 17, 1987 Councilwoman Leary replied, the Theory Center is not a place, it was founded by a Cornell Professor, it's used by hundreds of researchers at Cornell, it is physically the hub of a high speed data communications network that cones into Ithaca from all over the county, fron the state, it converges right here at the Theory Center. The Theory Center is physically connected to Ithaca right now, it's not about to walk up and leave because it doesn't get the building sited right there. Supervisor Desch stated that the felt this could be dealt with by simply adding the word "facility" after the word .. . . construction of the Theory Center. • Councilwoman Raffensperger remarked that she wondered if they might not say, and perhaps people might feel more confortable, and one of the reasons she added "supports an environmentally responsible siting of the facility" to you, was because she thought that it was clear the Board was not taking a position on the a specific site, which she stated she did not feel was appropriate and that she personally did not have, at least, the information to do it. She wondered if the Board might not add a sentence which makes that clearer, saying the Town of Ithaca takes no position on the specific proposals for the siting of the building. Councilwoman Leary replied, that would be much better. Supervisor Desch asked Councilwoman Raffensperger is she would be willing to change her statement to say siting proposal currently being considered? Councilwoman Raffensperger asked if there was just one being considered? She was assured this was correct. Councilwoman Raffensperger agreed with the change. Councilwoman Leary added, the siting proposal being put forth by the University administration. Supervisor Desch then read the corrected statement "the Town of Ithaca takes no position on the specific siting proposal now under consideration". The Supervisor went on to say that as far as the conflict of interest that Councilwoman Leary had made reference to, in his position, he stated. that he had absolutely nothing to do with the operation of the Theory Center. From a policy standpoint or operations standpoint. Councilwoman Leary agreed but replied that the Theory Center facility, the building, and this has been very public, Cornell has been very forthcoming about this, is part of the overall Engineering College Master Plan which will include other buildings, other positions, and Material Science Center is part of them and you are the Director. Supervisor Desch replied that he was not the Director, he was the Associate Director, there is a lot of difference. Councilwoman Leary responded, that Supervisor Desch was higher up than she was in the Theory Center, so you are very closely connected with the Cornell end and that, she stated is why she would not vote on this. Supervisor Desch stated that he wanted the record to show that he has no influence in terms of voting or policy of the center. Councilwoman Leary replied that neither did she. She stated that she had to be very careful about acting as agents for Cornell. Town Board 28 August 17, 1987 Councilwoman Raffensperger remarked that she hoped there were enough left to vote on her proposed changes, which she would now make as a resolution. RESOLUTION NO. 171 Motion by Councilwoman Raffensperger; seconded by Councilman McPeak, WHEREAS, the economy of the Town of Ithaca has been strengthened by the success of our educational institutions particularly in the last ten years, and • WHEREAS, the people who have come to the Ithaca area to work at our educational institutions have contributed to the qulaity of life in the Town of Ithaca becuase of their interest in the community, and WHEREAS, the Theory Center, as a National Facility, has already shown that the nature of its operation will add to the quality of life on an international as well as local level much the same as the Boyce Thompson Institute, NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca welcomes the construction of the Theory Center facility in our greater Ithaca community, congratulates the State, Federal, industrial, and university partnership in bringing about this unique enterprise, and supports an environmentally responsible siting of the facility, and BE IT FURTHER RESOLVED, that the Town of Ithaca takes no position on the specific siting proposal now under consideration, AND FURTHER BE IT RESOLVED, that the Town Planner be directed to file the Resolution in the record at the UDC public hearing. (Desch, McPeak, Raffensperger, Cramer, Howell and Bartholf voting Aye. Nays - none. Abstaining - Leary) . DRAFT LETTER TO WEST HILL PROPERTY OWNERS Supervisor Desch stated that basically, for those who are witnessing this for the first time, we put on the board the start of a planning project having to do with what happens if Route 96 is built and what happens if it isn't built, what are the alternatives as far as land use, what would be necessary in the way of highway circulation if the State Highway is not built. He went on to say that the draft letter is really just setting down the start of a number of criteria that the major property owners, which as it turns out most of the property owners do have large parcels in that area, would have to keep in mind in any proposal that came forward to the Board. As you know the State highway plan, whether we are talking about Plan B or Plan C, is a limited access highway which means that in order to gain access and egress from any of those parcels that will be divided essentially by the highway that internal and other circulation will have to be provided. The notion here is not to adopt any criteria at this time. The Town staff and Town Planning Board are looking at it and we will be documenting further criteria in terms of looking at the drainage, looking at the topography, land uses, utilities, to see what will happen in the event that the State plan does not move forward. What happens to those parcels, how will they be developed? At this point in time they are primarily zoned as residential districts. For all practical purposes most will stay residential in the future. Town Board 29 August 17, 1987 Councilwoman Raffensperger stated that it was her understanding that our Planning Department was working up costs on roads? She went on to say that she had raised a number of questions with the Town Planner which she stated she looked forward to the Planning Board in their consideration of this will cane forward with additional material from the Planning Department. She went on to say that she certainly did not wish to sign on to this without additional information, although she appreciated the changes which have been made which do not seem quite so much like a commitment to build a four-lane highway. However, she stated that she still has questions as to how even a two-lane highway which the Town will build, the developers would build for the Town will connect. She stated that she was sure that will be discussed in the future and • clarified. The cost of the connection, she stated she really worried about this because she had driven out there and looked at it and it looked straight up to her. Supervisor Desch replied that the first step is to look at what the possible line of the road would be and then see what the cost will be. Doing this in the next month or so will make it clear to these property owners that if they do come in with a proposal that they are going to have to take into account the footprint of that State highway. Councilwoman Raffensperger questioned the transfer of residential density from the acreage within, would this be within the alignment if the State takes it? Supervisor Desch replied, probably not. Probably it would be in the alignment if the Town builds an alignment. Councilwoman Raffensperger stated that if a highway is built by New York State, a transfer of density is kind of a compensation. If the State takes it they will compensate. She stated that the only place she did not like the transfer of density was within the right-of-way if the State actually takes it because it seems like double compensation. Town Planner Beeners stated that with limited access onto the road, some landowners will be deprived of certain density that they would be able to have and perhaps in looking at it as overall rezoning of certain land, instead of actually canpensating a certain landowner may be it's a way of making some reajustments to what can actually be develop there on West Hill. Supervisor Desch added, in other words, part of the land below the road. Councilwoman Raffensperger stated that in theory she did not have a problem but it sounds as if we are proposing a kind of double compensation within the alignment that the State will be compensating people for. Supervisor Desch replied that that may need to be softened. One of the ideas was that the land below the highway, whether it be a State highway or a local highway, probably should be kept as open • space because it is so steep. TOWN OF ITHACA WARRANTS RESOLUTION NO. 172 Motion by Councilman Cramer; seconded by Councilman McPeak, Town Board 30 August 17, 1987 RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated August 17, 1987, in the following accounts: General Fund - Town Wide. . .. . .... .... . ... . .. .$ 88,456.24 General Fund - Outside Village.. . . . . .. .. ... . .$ 17,804.27 Highway Fund. . . .. ... . . . . . . . .. ... . .. . . . . . . . .. .$ 39,904.76 Water & Sewer Fund. . . . . . . .... .. . . . . .. .. . . .. ..$115,539.52 Lighting District Fund. .. . . . . . . . . . . . . . .......$ 399.25 (Desch, McPeak, Raffensperger, Howell, Bartholf and Leary voting Aye. Nays - none. Abstaining - Cramer) . • BOLTON POINT WARRANTS RESOLUTION NO. 173 Motion by Supervisor Desch; seconded by Councilman Cramer, RESOLVED, that the Bolton Point Warrants dated August 17, 1987, in the Operating Account are hereby approved, in the amount of $73,668.55 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) . EXECUTIVE SESSION RESOLUTION NO. 174 Motion by Supervisor Desch; seconded by Councilman Cramer, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into executive session to discuss a legal matter. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . RESOLUTION NO. 175 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into open session. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . RESOLUTION NO. 176 • Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the payment of $1,700 to Mr. Thomas P. Cullen, 402 Salem Drive, Ithaca, New York for damages suffered to his property because of a broken water line, and FURTHER BE IT RESOLVED, that said payment is subject to written confirmation from Mr. Cullen's insurance company that his Homeowners policy does not cover the damage. Town Board 31 August 17, 1987 (McPeak, Raffensperger, Howell, Bartholf and Leary voting Aye. Nays - Desch and Cramer) . Councilman Raffensperger asked if it was possible for the Town to express to our insurance company our real distress over the handling and treatment of this client? Supervisor Desch replied, we can in the form of our business. Councilman Bartholf stated that he thought the Town should pursue this with our agent. Supervisor Desch replied that what really bothered him about this was, if we had had a dozen of these claims up to that time, which we have not, then he stated that he could see them perhaps denying anymore claims. ADJOUR Z= The meeting was duly adjourned. Town Clerk Town Board 21 August 17, 1987 PERSONS TO BE HEARD No persons present wished to speak. SET DATE FOR 1988 TENTATIVE BUDGET PRESENTATION RESOLUTION NO. 165 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and consider the 1988 Tentative Budget for the Town of Ithaca at 7:30 • P.M., on October 5, 1987. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . NEW YORK PLANNING FEDERATION INSTITUTE MEETING Supervisor Desch noted that there were several requests to attend the meeting and that he could not remember who they all were, except for Andy Frost and Henry Aron. He asked the Board if they would be comfortable in approving the attendance by four people. RESOLUTION NO. 166 Motion by Supervisor Desch; seconded by Councilwoman Howell, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize four persons to attend the New York Planning Federation Institute meeting to be held October 18 to 20, 1987 at Ellenville, New York. (Persons attending are: Andrew Frost, Susan Beeners, Henry Aron and Nancy Fuller) . (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . FINANCIAL STATENENT RESOLUTION NO. 167 Motion by Councilman Cramer; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby accept the July Financial Statement. (Desch, McPeak, Raffensperger, Cramer, Howell, Bartholf and Leary voting Aye. Nays - none) . TOWN BOARD MINUTES RESOLUTION NO. 168 Motion by Councilman McPeak; seconded by Councilman Bartholf RESOLVED, that the Town Board of the Town of Ithaca hereby approve the minutes of the January 12, 1987, January 27, 1987, February 9, 1987, March 9, 1987, March 31, 1987, April 13, 1987, April 23, 1987, May 11, 1987, May 28, 1987, June 8, 1987, and July 13, 1987 Town Board minutes as presented by the Town Clerk.