HomeMy WebLinkAboutTB Minutes 1988-06-13TOWN OF ITHACA
REX^ULAR BOARD MEETING
Jiane 13, 1988
At a Regular meeting of the Town Board of the Town of Ithaca,
Tcnpkins County, New York, held at The Mayer School, 1251
Trumansburg Road, Ithaca, New York, on the 13th day of June, 1988,
there were:
PRESENT:
ALSO PRESENT;
r
Noel Desch, Supervisor
Henry McPeak, Councilman
Shirley Raffenspeorger, Councilwcman
Robert Bartholf, Councilman
Patricia Leary, Councilwcman
Raymond Bordoni, Councilman
Thomas Cardman, Councilman
Robert Flumerfelt, Town Engineer
John Ozolins, Highway Superintendent
John Barney, Town Attorney
Deborah Dietrich, Board of Representatives
John Bowers, 1406 Trumansburg Road
Celia Bowers, 1406 Trumansburg Road
Peter Gergely, 106 Juniper Drive
Robert Hines, 417 North Cayuga Street
Marjorie Zaitlin, 111 Northview Road
Robert J. Smith, 107 Northview Road
Kazuko Smith, 107 Northview Road
Heather Weiss, 105 Dubois Road
Thcraas B. Mills, 108 Pine View Terrace
Marguerite Mills, 108 Pine View Terrace
Leslie J. Smith-Darling, 111 Pine View
Terrace
Thomas Darling, 111 Pine View Terrace
Orlando lacovelli, 270 Pennsylvania Avenue
Fred T. Wilcox III, 109 Juniper Drive
Larry Fabbroni, 127 Warren Road
Tammo Steenhuis, 266 Pennsylvania Avenue
Eveline Aron, 106 Woolf Lane
Henry Aron, 106 Woolf Lane
Mildred Caimiean, 213 Northview Road
Richard Carmean, 213 Northview Road
Gary Carlson, 119 Northview Road
Mary S. Eldridge, 259 Troy Road
Frank Eldridge, 259 Troy Road
Virginia Brooks Hockberg, 226 Troy Road
Milton Whitccxnb, 233 Troy Road
Myrtle J. Whitcotib, 233 Troy Road
Robert L. Constable, 343 Coddington Road
Norman W. Rollins, 139 Northview Road
Mary S. Rollins, 139 Northview Road
Marjehne Hoefer, 212 Northview Road
Albert Hoefer, 212 Northview Road
Bruce Rich, 253 DuBois Road
Lynn Rich, 253 DuBois Road
Lillian S. Vail, 215 DuBois Road
Karl F. Madeo, 156 Indian Creek Road
Jane Holccmb Dunn, 110 Northview Road
H. S. Crass, 49 Kraft Road
R. Crass, 49 Kraft Road
John M. Wolf, 1431 Trumansburg Road
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Town Board Minutes June 13, 1988
John Weiss, 105 DuBois Road
Mary Poyer, 1435 Trumansburg Road
Ron Shaw, 1710 Trumansburg Road
Dick Parker, 1786 Tiimiansburg Road
Paul Sayvetz, 210 Elm Street
Joan Haman, 118 Iradell Road
Jack Haman, 118 Iradell Road
Gordon Madison, 1213 Trumansburg Road
George Lavris, 1207 Trumansbuirg Road
Jerry Stevenson, 340 DuBois Road
Charles Asay, 131 Hopkins Road
Peter Merkile, 1500 Trumansburg Road
Larry O'Neil, 1232 Trumansburg Road
Jack Gould, 102 Happy Lane
J. Walden, 121 Hopkins Road
G. Walden, 121 Hopkins Road
Loni Franklin, 210 DuBois Road
Rob Wheeler, 210 DuBois Road
Roger McCniber, 1128 Trumansburg Road
Dan Clement, 570 DuBois Road
R. Littanen, 1655 Taughannock Boulevard
J. Lamb, 614 Elm Street Extension
Elsie Bennett, 104 Vfoolf Lane
Richard Bennett, 104 Woolf Lane
W. Pagliaoro, 341 DuBois Road
Karen Grove, 187 Willow Creek Road
Leslie Carrere, 1067 Taughannock Boulevard
Peter E. Zaharis, 145 Iradell Road
Clayton Fioravanti, 627 Warren Place
Lennie Fioraventi, 627 Warren Place
Graham King, 101 Dates Drive
Shirley King, 101 Dates Drive
Steve Heslop, 242 DuBois Road
Pat Whittle, No Address
Chris Whittle, No Address
Eugene H. Mason, 259 DuBois Road
Frances A. Mason, 259 DuBois Road
Tcm Myer, 337 DuBois Road
Linda Coyle, 1301 Trumansbiarg Road
Michael Grangreco, 126 Indian Creek Road
Gust Freeman, 258 DuBois Road
Bill Feam, 30 Glenwood Heights Road
Roberta Chiesa, 159 Bundy Road
Betty Kenjerska, 230 Hayts Road
Tony Kenjerska, 230 Hayts Road
PLEDGE OF ALLEGIANCE
Representatives of the Media;
Fred Yahn, Ithaca Journal
Supervisor Desch led the assemblage in the Pledge of Allegiance.
EXECUTIVE SESSION
RESGLUTKaj NO. 154
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss pending litigation.
(Desch, McPeak, Raffensperger, Bairtholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
Tcfwn Board Minutes 3 June 13, 1988
RESOLUTION ND. 155
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, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
_ RESOLUTIOJ NO. 156
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the Town Attorney to represent the Town of Ithaca in
regard to the pending litigation of Bowers versus the Building
Inspector.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
RESOLUTIOJ NO. 157
Motion by Supervisor Desch; seconded 1:^ Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the Town Attorney to file an appeal at the Aaron King
Workman's Ccmpensation Hearing.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
RATIFY SALARy OF ACTING HIOiWAY FOREMAN
RESOLUTICaj NO. 158
^fotion by Councilman Cardman; seconded by Councilman McPeak,
WHEREAS, the Highway Department Foreman has retired, and
WHEREAS, there is an imnediate need to have this position filled
because of the heavy load work at this time of year, and
WHEREAS, George Krebs, a Town Highway errployee since 1972, has been
satisfactorily operating in this capacity for the past month,
NOW TfEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby appoints George Krebs be appointed Highway Foroian at
a salary of $11.45/hour, and
FURTHER BE IT RESOLVED, that Mr. Krebs serve a six-month
probationary period in this capacity to assess his performance. At
the end of the six-month period Mr. Krebs will either be appointed
permanently, or the position will be considered open and
immm, advertised.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
TEMPORARY LABORER POSITION IN HIGHWAY DEPARUmT
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Town Board Minutes 4 June 13, 1988
RESOLUTION NO. 159
Motion by Councilman Bordoni; seconded by Councilman McPeak,
WHEREAS, due to the the retirement of Mr. Dean and the temporary
appointment of Mr. Krebs to Foreman there is a need for an
additional laborer in the Highway Department,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize the hiring of a temporary Highway Laborer
for a period of six months at a rate of $5.50/hour. This temporary
employee may or may not be appointed permanently at the end of six
months depending on the needs of the department.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cairdman
voting Aye. Nays - none).
SALARY RANGES
Supervisor Desch stated that the Personnel Ccmmittee has gone
through the process of updating the salary ranges and now
recanmends the proposed salary ranges vdiich will hold for the next
year. This would be the basis for the 1989 salary recannendations.
Councilman McPeak asked if most of these are now operating at the
low proposed salary range?
Supervisor Desch replied, in most cases they are at or below the
mid-point.
RESOLUTICaj NO. 160
^ Motion by Councilman Bordoni; seconded by Councilwcman
Raffensperger,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the salary ranges for Town Hall employees (copy attached to
official minutes).
(Desch, McPeak, Raffensperger, Bartholf, Leairy, Bordoni and Cardman
voting Aye. Nays - none).
ATTENDANCE AT COMPUTER WORKSHOP
RESOLUTION NO. 161
Motion by Councilman McPeak; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize four to five Town employees to attend the ccmputer
workshops entitled "DOS" and "Hard Disk Management" held at
Caputer Education, Ithaca, New York, at a cost of $70.00 per
person. A 10% discount is available for attendance of two to five
employees frcsn the same organization.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
CODDINGTON ROAD COMMUNITY CENTER SUMMER YOUTH PROGRAM
Supervisor Desch noted the following letter dated June 2, 1988 from
Linda R. Duttweiler, Chairperson of the Children's Program
Ccmmittee of the Coddington Road Ccramunity Center;
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Town Board Minutes 5 June 13, 1988
"Plans are being catpleted to sponsor oxir fourth Suitiner Program for
area children at the Coddington Road Caimunity Center. The program
will consist of two, two week sessions running July 5-15 for
young children, and July 18-29 for school aged children.
We re currently interviewing to hire a director and assistant for
the program. We plan to acccramodate 12 children the first session
and 18 during the second session. Admission is on a first cone,
first served basis. The hours will be 9:00 a.m. to 12:00 noon,
Monday-Friday. The program will be announced through the media.
Adequate insurance coverage has been arranged.
A daily schedule will be worked out so that Day Care and Summer
^>0^ Program can run independently. We have found that if it rains, we
must cancel the Summer Program for that day. There is not adequate
coverage outside to shelter children vdien it is raining.
The program this year will include games, science and nature study,
music, stories, snack, and arts and crafts with our major goal
being to provide a few hours of well supervised recreation for the
children of our ccramunity.
Our request for funding is submitted in the budget below:
Salary: Director $ 440(20 hrs. x $5.50 X 4 v^s)
Salary: Assistant $ 315(17.5 hrs.X $4.50 X 4 v^s)
12% fringe $ 90
Insurance $ 40
Supplies $ 85
Equipment (recreation)$ 50
Total $1020
Our budget considers two oiployees. Last year due to large
enrollment we had to hire a second assistant and absorb the cost.
Would extra funds be available from the Town if we needed a third
person?
We are confident this year's program will be another success and
appreciate the support we receive from the Town of Ithaca."
Supervisor Desch noted that the request is at the same level as in
the past and part of v^ch is reimbursable by State Aid. The only
question would be an answer to their last sentence vdierein they are
interested in possibly hiring a third person. You are probably
talking about another $500.
Councilman Cardman questioned part of this being reimbursable.
Supervisor Desch replied that last year the Town received $327 in
State Aid, this year we will probably receive $350. About a third
of this is covered by State Aid.
Councilwcman Raffensperger stated that she would be willing to move
spending up to $1,500.
RESOLUTION NO. 162
Motion by Councilwcman Raffensperger; seconded by Councilman
McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the request for funds for Summer Programs at the Coddington Road
Ccmntunity Center up to $1,500.00.
i-o
Town Board Minutes 6 June 13, 1988
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
I^ISE ORDINANCE
Supeirvisor Desch ronarked that the question of a Noise Ordinance
relates to how much of a parallel should we have the Attorney
pursue in relation to vtot the Board have seen in the City
ordinance. There are two parts to it, one has to do with the
anplification of sound and the other has to do with construction.
He went on to say that he assumed that everyone was interested in
including enforcement and monitoring of sound anplification but
what about construction? Feedback is needed on that before we go a
lot of work on that.
Councilman McPeak questioned the sewer plant v^en it was being
built. There was a time limit, he thought, when you couldn't have
construction noise before eight o'clock or scsnething like that?
Supervisor Desch replied no, the City of Ithaca substantially
amended their Noise Ordinance because of the noise relating to the
pilings at the Sewage Treatment Plant. One of the realities you
run into in the Town is the fact that there is a considerable
amount of agricultural operation going on and he hoped the Board
would not consider telling farmers that they can't start plowing
until eight o'clock in the morning. He felt they might have seme
problems with that.
Councilman McPeak remarked that the other question that came about
a few months ago was the presence of a rock and roll band in the
Town of Ithaca.
^ Supervisor Desch replied, right. This was primarily driven by the
people \^o live on East Shore Drive.
Councilman McPeak remarked, there was one also up in the Northeast
v^ch he was contacted about.
Councilman Cardman asked the Supervisor if his question was that we
should instruct the Town Attorney to use City Ordinance as a guide?
Supervisor Desch replied, in general as a guide or should we look
at it in terms of the problem that we have been asked to address?
Councilman Cardman asked the Town Attorney if the City Ordinance
has been workable and enforceable?
Councilman Bordoni replied, not very well. The decimal reading
equipment is often times contested, it's not that accurate. It
depends on vhere it is measured, the time of day. It's a can of
worms but it's not to say we shouldn't have a noise ordinance.
Councilman McPeak remarked, we don't even have a constable to go up
and measure the noise.
Councilman Bordoni replied, that was also a problon because the
City Police had to actually assign someone to do the checking so
frnmi now in our case it would be, he assumed, the Sheriff Department if
they have the manpower vhich we know very well they don't.
Councilwcman Raffensperger ronarked, in the matter of construction
noise, is it possible to discriminate between large scale projects
over a period of time as opposed to agricultural enterprises or
somebody fixing their front door. She went on to say that we have
had complaints in the past about construction on fairly large
Town Board Minutes 7 June 13, 1988
subdivisions on weekends and starting before 6:30 in the rooming
and going after 5:30 to 6:00 in the evening. She asked if it could
be limited as to scale as opposed to type?
Town Attorney Barney replied that he thought anything could be
done. He had a discrimination problem and he was not sure, right
now, if you could have an ordinance vMch says that contractors
were subject to one set of standards and farmers to a different set
of standards. If you want to get into the noise enforcement
business, then in vtet areas do you want to get into it. There is
a coimon law document of nuisance and if scmebody is conducting an
operation that is considered a nuisance to the people next door or
two doors down, etc., you can bring an action to stop it. It's not
a very practical remiedy if it's a one time get together of a band,
by the time you get to coxart and get your injunction and get to
court a year later you aren't going to have much of a result but on
the other hand, does the Town want to get into the business of
having to try and set up a mechanism if you choose to adopt it.
Councilman McPeak asked it it would be practical if we said no band
practice in the Town?
Town Attorney Barney replied that he did not think the Town would
want to stop the band at the Northeast School from practicing in
the Town.
Councilwoman Raffensperger asked, what about no amplified soxand
beyond a certain level as a miniraxim and then look into the
possibility of time limits on construction.
Councilman McPeak replied, then you have to have the means of
measxaring the noise level.
Coxancilvonan Leary asked if agricxaltxaral districts coxald be
exempted?
Town Attorney areplied that you parobably could but that he was not
sxare without researching this.
Coxancilwcman Leaary felt there shoxald be something on the books to
give the Sheriff's Depaartment seme legal basis to even attenpt to
control the pa^oblon. Right now they don't have anything.
Coxancilman McPeak replied you have the nuisance thing because v^en
he called them they came and disbanded the band.
Coxancilwcman Leary remarked, apparently in the coiplaint got
about East Shore Drive, that v^asn't enough.
Sx:5)ea:visor Desch remarked, this will all depend on v^t kind of a
ccranitment you want to make, that's the bottom line.
Coxancilman Caaidman added, if we have an oardinance we have to
enforce it and is that's going to be cost piohibitive and a very
difficult thing to do. Are we going to spend most of oxar time in
coxari: with challenges?
Supea:visor Desch remarked that he felt he was hearing faxm the
Board that we focus initially on amplification and see how
i effective we are? The Board seemed to agree.
!
CITY YOUTH PROGRAM - NORTHEAST SCHOOL
Supearvisor Desch noted that Charles Manning was here to talk
briefly about GIAC.
Tcfwn Boaid Minutes 8 June 13, 1988
Supervisor Desch went on to say that we are back to the point of
having the City Youth Bureau run the Northeast Playground project.
He noted that there was one open issue, which did not get resolved
until today, and that was the cost of insurance and the question of
vho would provide it. Ihe City has agreed to provide it on the
basis of their insurance piogram and we are looking at a gross cost
vhich probably would be within the $4,000 range for the vhole
program. The City has already been informed to prxDceed with the
plans for the program.
Councilman Cardman asked if there would still be triple fees?
Si:5)ervisor Desch replied yes, the triple fee would be applied to
reduce this cost so that the amount we would end up paying, as a
Town, would be about half of this.
RESOLUTION NO. 163
Motion by Councilman Cardman; seconded by Councilman Bordoni,
WHEREAS, the City Youth Bureau has held a summer playground at
Northeast School for a number of years, and
WHEREAS, City Ccmmon Council has decided to triple the rates for
Town youth attending such programs and further indicated that the
Town shall pay any deficit in the cost of running such a program,
and
WHEREAS, the Town has determined that it could run a similar
program at approximately the same cost, and
WHEREAS, the gross cost of the program exclusive of insurance cost
has been determined by the City to not exceed $4,000 in cost,
NOW THEREEX)RE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby ratify the decision to authorize the City Youth
Bureau to conduct the Northeast Playground Program for a six we^
period, approximately July 5 to August 12 from 9:00 A.M. to 12:00
noon for five to twelve year old children.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
Supervisor Desch went on to say that he had just received a batch
of material, including a number of applications frcm Town's people
v^o live primarily in Hasbrook, Winston Court, Maple Avenue areas
of the Town having to do with their desire to participate in the
GIAC program and Charles Manning, Director of GIAC in a cover
letter has requested that we consider, because of the economic
status of the individuals involved, an allocation to the City in
the amount of $1,020 as an additional cost participation in the
defrayment of their costs since they still have to pay the triple
fee for the program.
Charles Manning stated that basically they were asking the Town to
do this so that they can maintain the nature of their summer cairp.
GIAC serves people frcm all races and all creeds. Because of the
irnm triple fee instituted by the City, it has made it difficult for
these individuals v^o are primarily students and live in student
housing to meet those fees. In many cases, we are talking about
two or three kids in the family, our basic fee is $80 for six weeks
but if you multiply that by three you are talking about $240 and if
you multiply that by three you are talking about close to one
thousand dollars just to send three of your kids to suirmer camp.
We have worked with this population so that they are the people vdio
Town Board Minutes 9 June 13, 1988
are most in need. With the Town reimbxarsouent of half of the fee,
it still leaves scsne people short in terms of being able to provide
canp for their youth. The figures that we have cone with for this
particular group is about $1,020. It's about the average of a $30
scholarship per youth v^o would be ccming to caitp. It is very
inportant to GIAC and he felt residents of the neighborhood and the
residents of Town of Ithaca who live in these apartments that we
continue to provide a caitp for them, it is a time v^en we are able
to meet and mix as individuals and leam more about each other.
That is the purpose and intent of GIAC and we would ask the Town to
support this resolution so that we can make sure that all the
individuals v^o need to go to camp can do so.
Supervisor Desch asked Mr. Manning vdiat process he use to screen
econcmic abilil^.
Mr. Manning replied, normal eligibility would depend on a family
receiving seme type of aid. Whether it be SSI, DSS or v^ether they
meet the poverty guidelines. In this case, being students, they
don't necessarily meet that because they are not eligible for those
types of reirribursonents or services through the County. For the
majority of these this is not going to apply because we in fact get
money through DSS for sunmer camp and we have esqjlored and
exhausted that resource for people vdio would be a part of our camp.
Councilwcman Raffensperger remarked, this $1,020 would mean that
this would acccaranodate 50 childiren?
Mr. Manning replied, between 40 and 50 children.
Supervisor Desch asked what was the deadline?
Mr. Manning replied that summer camp begins July 5th. Our deadline
, is now because we have to make seme decisions.
Councilwcman Raffensperger remarked, to the extent that we can work
out a mechanian, that is legal and proper she felt the program
should be supported.
RESOLUTION NO. 164
Motion by Councilwcman Raffensperger; seconded by Councilman
Bordoni,
RESOLVED, that the Town Board of the Town of Ithaca hereh^
authorize the expenditure of $1,500 for scholarship aid to GIAC's
summer camp program, and
FURTHER BE IT RESOLVED, that the Town Board does not at this time
anticipate offering scholarships for any other summer youth
piXDgrams.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
KLCM3IKE MANOR ROAD NETWORK
Supervisor Desch remarked that he felt at this time most people
were aware of the resolution that the Town Board was considering
and that all were as familiar as he was with the history of the
proposal. He noted that this was not a public hearing, however, if
there is a way for a spokes person on each side of the proposal,
perhaps one frcm the neighborhood groups and one frcm the developer
could speak he hoped that would be satisfactory. Let's try it that
way. We have two-thirds of our agenda still before us and he did
Town Board Minutes 10 June 13, 1988
not want to spend a lot of tiine going through the old history part
of vdiat has been presented to us in the past. He then asked if
there was a person able to speak for the neighborhood?
Kinga Gergely, 106 Jimiper Drive stated that she wished to present
to the Board a letter fran an individual and a letter from the
association also petitions from the Northview area with 60
signatures, Juniper Drive with 60 signatures and King, Troy and
Danby Road area with 70 signatures, all the same text, all the same
petition. She also presented a picture with a view from Juniper
Drive. It shows the siting of building as well as the placement of
the road.
Mrs. Gergely stated that she has served on the Citizen's Advisory
Ccnmittee and that her impression was that the developer was going
to come back with a new plan and they waited and anticipated and
then she fomd that it was the same old plan and that they are
frustrated and if they sound frustrated, they are. She then read
the following letter from the Association:
"We are deeply troubled by the piecemeal fashion used to solve the
problems that arise from various development project in Town. The
complete lack of ccnprehensive land use planning vdiich has properly
incorporated public input is, in our opinion, the most critical
issue facing the Town today. We may wake lap one day and find
have destroyed the environment and the way of life vdiich we have
treasured so much.
We would like to remind you of the concerns v^ch we have outlined
in our previous letter to you and raise seme new ones in relation
to the proposed Klondike Manor development.
The Town's premise has been that the developer has the right to
develop. However, his rights end v^ere our rights begin. We, as
longtime residents, having years of effort and our life-savings in
our properties have a convenant, a contract with the Town to
protect those rights. "The subdivision oregulations are adopted to
guide, promote and protect the corraunity's physical, social and
aesthetic development in order to preserve the character of the
Town as a beautiful place in which to live." Article 1, Section 2.
"In their interpretation and application, the provisions of these
regulations shall be held to be iminimum requirements, adopted for
the promotion of public health, safety and general welfare."
Article 1, Section 5.
A plan that does not imeet the iminitnum requirements should not have
had preliminary approval and it should not receive any variances 1
A road not meeting the requirements and vhich would pose such
hardship on the existing residents should not be approved by the
Town Board. To do so would be to break that contract with us!
We have several problems with the resolution before you:
1. Missing from the developer's submittal are the following
requirements:
a) Drainage design. Normally the Town requires detailed
calculations before preliminary approval. In an area,
vdiere the water table is only 0 to 2 feet, a detailed
engineering evaluation is vital.
b) Detailed construction plans and specifications for water
lines, sewers, accessories, street plan and profile.
c) Cost estimates for streets and utilities.
T
Town Board Minutes 11 June 13, 1988
These sutmittals were all supposed to be si±mitted prior
to a preliminary approval; it is difficult or itrpossible
to adequately review the project without these detailed
plans.
2. The proposed road exceeds the maximum length requirement by 280
feet.
3. Placenent of the road, even with a buffer, is contrary to good
^ planning and development practice. Most people vdien they buy into
a single family residential neighborhood, do not e^^ct to have a
road placed next to their back yard. One would expect, as a worst
case, a full-depth lot abutting their rear property line. Yet, the
proposal shews over 400 feet of road within 30 feet of four lots on
Juniper. When you consider Lots 7 and 8 with their deficient
depths, 6 properties on Juniper are adversely affected,
4. The possible future methods of looping the road are disturbing.
a) All options require condonnation of private land, a
questionable proposition at best. Steenhuis family
bou^t the property for their nine adopted children.
Would the Town condemn such a property for the
convenience of the developer? Mr. Montgcmeiry May and Mr.
Noel Desch seem to be of the opinion that "That's life!"
Such insensitivity has been typical of the treatment this
neighborhood has received. We find it interesting that a
plan proposed by the Town Engineer of a short cul-de-sac
and connection to the Pennsylvania Street Extension was
not one of the possibilities presented to you. But then
this plan would have meant that the developer would have
to give up a lot or two.
^ b) The Juniper Drive connection is not viable since NYSEG
, will refuse to allow construction on its right-ofrway.
Will the Town condemn it for the developer as Noel Desch
stated at the citizen's advisory catmittee meeting?
c) If the connection should be made through the Sincebaugh
property, the traffic generated from that future
development would be imbearable in our back yards. Our
neighborhood already firmly stated at the citizen's
advisory ccaranittee meeting that any future traffic
generated should be on Juniper Drive, via Stonecrest
Terrace to Kendall; these are roads already approved by
the Town. Besides, the Sincebaugh connection would void
the developer's argument that he needs the overlong
cul-de-sac because he is land-locked. He was fully aware
of that \hen he purchased the land I
5. The proposed $10,000 escrow is grossly insufficient and
ridicxilous. What if the developer decides to forfeit? He will
have bought himself an overlong cul-de-sac and seven building
permits. Very cheap for a development this size.
6. The environmental assessment form was reviewed and changed at a
meetdLng that was closed to the public. The close proximity of this
proposed development to the watershed area should have made it
necessary to have a full environmental review. The fact that this
would be student housing and thus there is no guaranty as far as
' density, the impact of noise and traffic can not be overlooked. By
the developer's own admission, and that is probably a low estimate,
there would be 96 cars within an hour up and down adjacent to our
back yards.
Tcjwn Board Minutes 12 June 13, 1988
7. The hardship the developer claims were easily evident v^en he
purchased the property and now he wants to maximize his profits by
making as many lots as he can. As far as the argument that there
is hardship because the Planning Board had asked the developer to
move the road, alternate 1 never met the regulations as to
intersection, configuration, separation, and would have also needed
lot size variances. The new alignment of the road did not create a
hardship I Just as a point of information, the developer has
received a very generous purchase offer from the neighborhood.
Why is the Town bending over backwards, using staff time and thus
our tax money, to help the developer and repeatedly ignoring the
cries of it's residents? Let's put an end to approvals with
conditions linked to further approvals and more conditions waiving
previous conditions, all for a plan that did not meet the minimum
requirements in the first place 1
We ask you, as our representatives elected in good faith, to keep
the rights and interests of the neighborhood in mind and vote no on
this proposal."
Orlando lacovelli, developer stated that he wDuld like to ask
Lawrence Fabbroni, his engineer to run through the process we have
been through during the past eight months.
Lawrence Fabbroni remarked that in the least this was a very
emotional issue, and that for the record they were really not clear
vhy they were at the Town Board. If we were hear to accept a road
or accept our parks or to do sane master planning for highways we
could imderstand a little better vhy we were here because we have
been through a lengthy process with the Town Planning Board that
started back in October. Our primary goal coning into this
ccmbined four parcels, sane of vhich are land locked at the manent,
^ if they were in separate ownerships was to have a cluster
subdivision. Wie were convinced after two meetings with the
Planning Board that cluster subdivision that involved any kind of
rental associated with it was not in the interest of the Planning
Board and by their point of view was not allowed in the Town.
While we might have had a difference with that we went on to do
vhat we could with the land and propose a standard subdivision. We
went through nine different plats on subdivisions. We struggled
with road profiles, road positions, buffer to existing properties,
v^t might go on in these properties that were built, vdiether the
developer would sell the lots, v^ether he wouldn't. He felt that
if the Board had read the records of those meetings they would see
that every different possibility was exhausted. As far as the
different possibilities for the road, we presented different
profiles for consideration at those hearings and he felt, showed to
the satisfaction of the Board that the existing location would
• develop a best alternate access from Coddington Road to this
subdivision given the other sets of constraints that the Planning
Board studies. He went on to say that as he understood it the
Planning Board is the Board that this Board has pretty much
religated the subject of subdivision and all the various issues
that are surrounding subdivisions. We merely want to subdivide a
piece of land within the subdivision constraints as they presently
exist. Subsequent to that process we were asked to enter into a
discussion about roads and basically vrhat ccnprcmise there might be
to more satisfy the neighborhood. We attended a series of
meetings, that as he understood it, were informal meetings and many
of these issues were thoroughly discussed. Certainly there are
long range considerations for highway access in the area. Our
objective, just so you understand it, might have been to have a
long cul-de-sac that the Planning Board would grant a variance to,
as they according to the S\:ibdivision Regulations, have a perfect
right to. In an attempt to accatmodate the interests that the Town
06S
Tcfwn Boaird Minutes 13 June 13, 1988
might have in more cxxtprehensive plans for the roadways in the area
and to mitigate sane of the effect that Juniper Drive might have in
the long run in terms of serving as the primary access to the area,
we were willing to basically modi:fy the subdivision plan so that we
extended this road all the way to the end of this property with
seme vision toward the future. It did effect sane properties, in a
negative way, way to the rear of their properties, sane 700 feet to
the rear of their properties but vdiat is not being told is that the
alternate would be right in the front door step of those same
properties, so again there is a certain amount of begging the
ignorance of this Board in terms of sane of the specifics before
you and he stated that this was a long winded way of saying that
vMle we are not really happy with the prospect of putting vp the
money for saiething the doesn't directly benefit the project we are
in the end willing to catpranise.
Sipervisor Desch renarked that there were a number of things that
he could take issue with in the letter with the petition but the
only one that he would choose to bring to your attention, at this
point, is the question of condemnation. The question of
condemnation should not be construed to indicate that condemnation
will be necessary because the nimiber of alternatives that are
available in making that road network ccme together are such that
condemnation is rather unlikely. Whether you talk about using the
NSfSEG right-of-way, the right-of-way to the east toward the creek
or vtotever.
Someone in attendance asked v^^at the possibilities were?
Supervisor Desch replied that the possibilities were that you have
open land on two sides of this subdivision. That open land is
being held for a variety of purposes, most of vMch most of us
sitting in this room cannot speculate. So the fact that perhaps an
owner of one or the other of these parcels has the option of caning
before this Board at any time with proposals to develop that land.
What this Board tries to do is look at Wiat we would espect the
owners of that land, should they choose to develop, to install in
the way of roadways. There are two parcels of land, one held by
Mr. Sincebaugh and one hy Mr. Steenhuis, the roadway may go through
one or the other of those parcels in the future.
Mr. Steenhuis stated that he has never been asked by anybody for a
roadway.
Supervisor Desch replied, that does not mean that the time may ccme
\^en, v^oever the owner is, may choose to do scmething else with
that land. That is vdiat we have to take into account. The
Sipervisor asked the Board if they had any questions?
Councilman Cardman remarked, in the letter it says that the
environmental assessment was reviewed and changed in a meeting that
was closed to the public. He asked if that statonent was
reasonable and accurate?
Councilwcman Raffensperger replied, closed to public ccmment, not
closed to the public sitting there.
Councilman Cardman remarked, but it's traditional to allow the
rmmt public to ccnment on an environmental assessment form?
Town Attorney Barney replied that he did not know the history
entirely. There was an EAF form presented, there were caiments
accepted on it at the Planning Board level at seme length. He
thought there was a subsequent meeting at v^ch the public hearing
was either adjourned or closed and it was basically at the Planning
Board level vdiere the ccmments previously made were taken into
Town Board Minutes 14 June 13, 1988
accoimt and there was sane adjustments made to the EAF but he was
not positive about that.
Councilman Cardman replied, and there was no public caiment allowed
at that time?
Town Attorney Barney replied that he thought there was a meeting of
the Planning Board in vMch Chairman May declined to let the public
have a great deal of conment.
Councilwonan Raffensperger replied that she and Mr. May had
correspondence about that meeting so she was very clear about what
happened. It was declared that the public hearing had been closed
at the proceeding meeting so no public input was permitted. She
stated that vAien she discussed this with Mr. May after she received
sane carments about it. Mr. May's feeling, in his judgement, the
amount of new material presented during the meeting did not require
him to open the public hearing. It is true that the EAS and seme
changes in the plans were made during a hearing at vMch the public
was not allowed to catinent.
Councilman Cardman ratarked, the proposal that we are being asked
to consider then is the original one that was presented to us?
Supervisor Desch replied, right.
Councilwonan Raffensperger stated that she would like to make a
couple of carments on this. She stated that she felt all have
heard all of the specific objections and they have been all been
well discussed, not only at this meeting by this Board and other
Boards and by the canraunity. She stated that she had sane basic
objections to the resolution tonight in that she believed the
conditions conceiming the road alignment itself are less stringent
^ than those that were in the resolution for preliminary subdivision
approval by the Planning Board. She felt that v^en there is
substantial public opposition in such a case then strict adherence
to the Zoning Oirdinance, rules and regulations of the Town is a
necessity. This road alignment and open space dedication requires
variances from the Zoning Ordinance and variance of the cul-de-sac
requirements and a second access is not guaranteed in the future.
Councilman Bordoni remarked that he was still a little disturbed
because of all of the phone conversations and correspondence that
he had received on this. He noted that he got an awful lot of
ccnroents from the point of view that the people really felt that
they were never heard as catpletely as they wDuld have liked to
have been heard. If we are elected officials, elected to represent
the citizens of the conmunity, it doesn't matter if we are for or
against a project like this, time constraints and the amount of
time you limit people to present their points of view is scmething
that he did not agree with. It was his personal opinion, and he
feels that people should have the right to express their points of
view and if they can't do it in the bodies they ajproached before
this, then when they are before this Board, we have the
responsibility of making the final decision and he felt the Board
should hear \tot had to be said. Limiting it to one person frxsn
each side is, in his opinion, unfair.
^ Supervisor Desch asked how Councilman Bordoni would propose to
' rectify that?
I
Councilman Bordoni replied, by simply not limiting it to one
person.
Supervisor Desch replied, in the case before us?
ZLZ,
Tcwn Board Minutes 15 June 13, 1988
Councilman Bordoni replied, in this case before us, specifically.
If other persons want to speak to the issue then they should be
able to speak to the issue.
Supervisor Desch replied, you realize in this matter there is no
requironnent for a public hearing.
Councilman Bordoni replied that he realized that.
**** Coimcilman Cardraan stated that he also has had considerable
, conversation with the public on this issue and have taken the time
to read the Planning Board minutes, however, he had not listened to
the tapes but that he was very frustrated that such a large groi:^
of people feel that they have not had the opportunity to fully
express their opinion before a Board of this Town. He stated that
he was frustrated that the answer to his question on this
environmental impact statanent is yes, it was changed and no one
had the opportunity or was allowed to ccmraent at that time. He
stated that he also did not like to spend long evenings forever and
ever at meetings but scmetimes that may be necessairy for those
people vdio are directly involved to have the opportunity to feel
they have been heard. It doesn't always mean that the decision
they are hoping for can be exactly as they wish but at least they
feel that they have been heard and people are making a decision
based on their feelings and points of view. He felt that the Board
needed to instruct the Planning Board to lean very much in that
direction of extending courtesy to as many people as possible and
possibly adjourning meeting and carry them on at another time as we
did for the other issue we have on the agenda tonight.
Si:5)ervisor Desch remarked, you do realize the Planning Board has
another hearing with regard to the final subdivision process.
^ Councilman Cardman replied that he was sure they did but at that
point the process is probably going to be fait accompli.
I
S\:5)ervisor Desch asked if the Board also realized that the
citizen's advisory group was formed for the express purpose, in
order to get feedback from the carraunity. That process was given
the opportunity over a one month period of time.
Heather Weiss, 105 DuBois Road stated that she worked in Boston and
appreciated the opportimity to speak, as she had not gone to work
today in order to attend the meeting. She went on to say that a
group of us have been meeting from around Ithaca from West Hill,
South Hill, Ulysses, a variety of other places and she speaks for
seme of these people. They are deeply disturbed at the pattern
v^ch seons to be emerging in the Town of Ithaca with respect to
zoning changes. Specifically there seems to be a pattern of
changing the Town's own zoning ordinances and granting variances
v^ch disregard the Town's own rules and regulations. These iniles
and regulations have been designed to assure safe and healthy
conditions for the coiraunity and we think this Board should
evaluate and review it' s own recent record in this regard and
correct past abuses and avoid future ones. Ws feel there should be
/"••s a ccaiprehensive plan with substantial citizen input. As somebody
vdio makes a living advising state governments on policy for
children and families, neighborhoods and ccninunities on housing,
she understood the process in these kinds of things, developing a
ccnprehensive plan for a ccantiunilY is as irrportant as the product
' so she underlined the importance of substantial community input and
a coarprehensive plan so that the Klondike development, the Kyong
development and a number of other developments that are on the
boards or are soon to be praposed are reviewed conprehensively.
Town Board Minutes 16 June 13, 1988
f^nrtle Whitcanb, 233 Troy Road read the following statement "The
newly formed South Hill Coraraunity Association strongly opposes the
creation of the Klondike Manor Subdivision for the following
reasons;
1. The proposed sxabdivision plan ignores or subverts current
zoning and subdivision regulations and requirements. These rules
were developed to protect the intregity of existing developments in
the Town and to give hcmeowner and hcme buyers the feeling of
^ confidence in the stability of existing neighborhoods. The
j creation of Klondike Manor is dependent upon a series of variances
vhich mutilate the current ordinances. This set a dangerous
presidence as other developers will expect similar treatment. In
addition, hcmeowner confidence is destroyed as people fear similar
ill conceived developments in their own neighborhoods. We have a
system of zoning and subdivision rules and regulations and we
believe it is the obligation of the Town's elected and appointed
officials to strictly enforce these rules rather than utilize the
Planning staff and taxpayer dollars to create ways to circumvent
the regulations for the convenience and e3^)edience of the
developers.
2. Any changes in rules and regulations should evolve directly
frcm a newly created cotprehensive master plan of development for
the Town. Such a plan should be developed jointly between Town
officials and representatives from the connunity at large.
Adoption of this new plan should occur only after seeking local
input and exhaustive research on donographics, environmental
concerns, traffic patterns and the quality of live desire by the
current residents.
Speaking to the master plan, the members of the South Hill
Ccrammity Association recently presented to the itohbers of the Town
^ of Ithaca Planning Board their letter of concern seeking a
moratorium on further development until such time as that
ccnprehensive master plan could be developed. We would like to
present as a matter of courtesy to you, a copy of that letter and
the 241 signature vhich accompany it."
Councilwoman Raffensperger stated that she would like to make a
ccnroent. She noted that she had a resolution vhich she had
presented to all the members of the Town Board and asked if she
could introduce it tonight. She stated that she had hoped to
introduce it before this particular conversation but the Sipervisor
had asked her to defer it so that you all would have sufficient
opportunity to speak your minds. She went on to say that she would
like to say that the resolution basically does set up a process or
the beginning of a process vhich she believed would improve the
corprehensive planning process.
Coioncilwcman Raffensperger then read the following resolution:
WHEREAS, the Town of Ithaca Town Board wishes to proceed with the
organization and inprovement of its ccmprehensive planning
docimients, including the ccampletion of a goals and policy
statonent,
WHEREAS, the rate of development in the Town of Ithaca has
increased substantially in the past several years,
' WHEREAS, the time required for consideration of presently proposed
development makes it iiipossible for the planning staff and the
Planning Board to proceed with the ccatprehensive planning process
in a timely fashion.
Tcjwn Board Minutes 17 June 13, 1988
NCW TREREPORE BE IT RESOLVED, that the Town Board instructs the
Town Planner to prepare a Rec^est For Proposals in order that it
my consider engaging the services of a consultant planner, vdio
shall be familiar with the Town of Ithaca and Tompkins County, such
services to include;
Evaluation of all present elements of the Cotprehensive Plan
of the Town of Ithaca and reccninendations for appropriate
revisions or additions to those documents.
Organization and revision of the Planning Board's draft of the
Preamble (goals and policy section) of the Ccstprehensive Plan.
Such process shall include consultations with the Zoning Board
of i^peals, the Planning Board and the Town Board and the
oirganization of public participation in the process.
The consultant should expect to provide to the Town Board for
action:
Revised preamble to the Cotprehensive Plan.
Recoimendations for additional elements needed to enhance the
effectiveness of the plan, including any changes to local
laws, rules and regulations necessary to inplonent the
reccnitiendations.
Timetable for periodic updating and iraprovonent of the plan.
Recotmendations for strategies to encourage inter-^nunicipal
cooperation in land use planning and regulation.
AND FURTHER RESOLVED, that the Town Planner shall present "Request
for Proposals" to the Town Board August 8, 1988 at vMch time the
Town Board my accept, reject of request modifications to the
proposal. At the same time, the Town Planner shall present an
estimte of costs for the project, estimte of Town planning and
legal staff time needed to expedite the process, a target date for
selection of the planning consultant, and a time frame for
coipletion of the consultant services to be requested.
Si:pervisor Desch asked if there was anyone present vho wished to
speak on the Klondike Manor proposal?
Orlando lacovelli, the Klondike Manor developer stated that he
would like to speak. Mr. lacovelli stated that he vrould like to
talk to this Board a little bit about the process he has been
through. He stated that he bought seme land, he went to the
ordinance, he read the ordinance closely, he got an engineer to
draw up seme plans that met the ordinance, substantially met the
ordinance. He stated that he went frcm a 1,000 foot cul-de-sac to
1,250 feet, v^ere we are now. He went back to 1,000 foot
ciil-de-sac and meet the requirements of the ordinance. He stated
that he went to a 1,250 foot cul-de-sac to acccmmodate the Tdwn so
that it could have ^ture road hookup to Klondike Manor. He stated
that he was not asking for v^at is not in the regulations, he
stated that he wanted that clear and that he was only asking for
vdiat is in the regulations. He stated that he found it very
difficult for people to ccme up here and say that he was trying to
do things outside of the regulations. He stated that he had worked
very closely with the Board and that he had attenpted to meet with
' the group of citizens and work closely with them. He stated that
he felt he has bent over backwards to meet the requirements of this
Town Board.
RESOLUTIOSF NO. 165
and
Tcfwn Board Minutes 18 June 13, 1988
Motion by Si:pervisor Desch; seconded by Councilman Caidman,
WHEREAS, the Town of Ithaca Subdivision Regulations require the
Town Board to approve facilities such as parks and roadways, and
WHEREAS, on F^ruary 2, 1988, the Town of Ithaca Planning Board,
subject to certain conditions, granted Preliminary Subdivision
J^proval to the January 21, 1988 plan for the Klondike Manor 16-Lot
Subdivision, and
WHEREAS, such Preliminaiiy Subdivision i^roval followed the review
by staff and the Board of several road network alternatives, and
WHEIREAS, the Town Board has reviewed the staff and Planning Board
recormendations and the record of the Planning Board meetings and
further reviewed the concerns expressed by a citizens advisory
gror^) during two meetings, and
WHEREAS, the Town Board recognizes the topographic, geografdiic, and
natural constraints of the site, and the need to improve the
roadway network in this area, and
WHEREAS, a second means of access is needed for the proposed
Klondike Manor Subdivision, and
WHEREAS, the Town has been informed that the NYSEG right-of-way may
not be available to the developer because of NYSEG's plan to
construct a transmission line at this location,
NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the
street alignment and open space dedication shown on the preliminary
subdivision map dated January 21, 1988, subject to the following
conditions:
a. The conditions set forth in the February 2, 1988 Planning
Board Resolution granting Preliminary Subdivision
Approval.
b. In the event (i) the developer is unable to ccnply with
condition "c" of the Planning Board approval resolution
because NYSEG refuses to allow construction on its
right-of-way of a secondary route for access; and (ii)
the developer voluntarily deposits with the Town an
escrow account in the name of the Town of Ithaca in a
form acceptable to the Town Attorney in an amount of
$10,000 to be used towards the cost of constructing a
roadway along the NYSEG right-of-way or, in the
alternative, towards a portion of the cost of
constructing a roadway frcm the Klondike Manor cul-de-sac
to Pennsylvania Avenue or Kendall Avenue, such escrow
account to be set up prior to the issuance of the first
building permit for lots east of the NYSEG right-of-way,
such funds to be available to the Town for three years
fron the date of such permit and to be in addition to any
amount the town Engineer may require for water, sewer.
roads to serve the lots of the Klondike Manor
Subdivision; then condition "c" of such Planning Board
resolution shall be waived.
c. The approval of those lots requiring variance shall be
further subject to the granting of any required variances
by the Town of Ithaca Zoning Board of ^^peals.
d. The approval is further subject to Final Subdivision
Approval by the Town Planning Board and any conditions
Town Board Minutes 19 June 13, 1988
that may be imposed in connection with such approval.
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Nay
Councilman Bordoni Abstaining
Councilman Cardman Voting Nay
Councilwcraan Leary Voting Nay
Coxmcilraan McPeak Voting Nay
Councilwcraan Raffensperger Voting Nay
Supervisor Desch Voting Aye
The Resolution was duly defeated.
Supervisor Desch stated that he would like to propose that the
resolution on the Ccnprehensive Planning be referred to the
Planning Board for their consideration. He went on to say that
since they are the appropriate agency that is charged with the
responsibility for preparing comprehensive plans, to do anything
other than that would be doing an injustice to the planning
process.
councilman Bordoni replied that he has not been a member of this
Board very long but he knew that the Town has been lacking a
comprehensive plan for a nimber of years and we have been working
off something that was designed and developed as far back as 1959.
He thought it was around the time of the Korean War. A lot of time
has gone by, a lot of things should have been done that haven't
been done and there has been plenty of time for it to have been
done. He stated that he felt very strongly that this is a very
good proposal and that we should take this proposal tonight and
consider it and vote on it as a Town Board and not the Planning
^ Board.
Supervisor Desch reminded Councilman Bordoni that the Town Board
did not have the authority to adopt a Ccaiprehensive Plan, Section
272 (a) of the State Law charges the Planning Board with the
responsibility for preparing and updating such a plan, not the Town
Board.
Councilman Bordoni replied, this resolution does not ask us to
adopt a coraprehensive plan.
Supervisor Desch replied, this he understood but you have a
Planning Board which by delegation of powers of this body is
charged with the responsibility for deliberating on planning
matters, if you wish to consider having people continue to be
desirous of serving on the Planning Board, he felt the Board owed
them the courtesy and the opportunity to look at v^at you are
proposing.
Councilman Bordoni stated that that was a risk he was willing to
take, however, he did not know about the other Board mambers.
Councilwcraan Raffensperger stated that she felt, in a way, this was
a courtesy to our Planning Board and to our staff. Three or four
years ago, she stated that she presented a resolution asking the
(M| Planning Board to piroceed with a preamble to a ccmprehensive plan.
She stated that she felt they have made every effort to do that
within the facilities and the staff and the time that we gave them.
She stated that she did not think the Board had given the staff or
the Planning Board enough help. She stated that she was not trying
to say that the Town Board is going to devise a ccmprehensive plan.
What she was trying to do was to give resources to the Planning
staff and the Planning Board to the citizens of the Town to improve
Town Board Minutes 20 June 13, 1988
the cxxrprehensive planning process that we already have, to sane
extent in hand.
Coiancilman Cardman remarked that he did not feel this should be
interpreted at all as a negative connent on the Planning Board but
as Councilwonan Raffensperger said as a vehicle to allow them to
continue with their processes that they must go through on a daily
basis and to provide the resources so that we can get a
conprehensive plan so that we can address all of these issues that
are before us. We have been presented with a draft of the
conprehensive plan that the Planning Board has been discussing. He
felt this should be the basis for vhich this planner springs into
action and he or she is being instructed to work directly with the
Planning Boaid and the Planning staff in order to acccnplish this
in a timely and efficient manner.
Supervisor Desch asked, then wouldn't it be appropriate as a
courtesy to refer this to the Planning Board, fron vhat you just
said?
Comcilman Cardman replied, because he felt the Board wanted to
send a signal to not only the Planning Board but the citizens of
this caranunity that at this particular time we mean business in
getting this planning process corpleted.
Coimcilwoman Leary stated that she would like to make the point
that there is a built-in cost associated with this and that the
Town Board is the body that authorizes this kind of es^jenditure,
not the Planning Board.
Supervisor Desch asked, but you don't particularly value the
Planning Board's input?
^ Comcilman Cardman replied, we are asking for it in this process.
Supervisor Desch asked, then vdiy wouldn't it be appropriate to ask
for it before you set ^e guidelines?
Councilman Cardman replied, because of the statement he had made
previously, he felt that the Planning Board needs the help in order
to move the process along.
Councilman Bartholf stated that he felt the Board should go back
like it did before with the Town Board and the Planning Board and
work on this plan.
Supervisor Desch remarked, that he though he heard, since we did
allow the public to discuss and present their desires, that he
heard a desire to incorporate into this planning process a
considerable amount of connunity input. He stated that he did not
see that built into the resolution proposed by Councilwonan
Raffensperger.
Councilwonan Raffensperger replied, it is in there.
Supervisor Desch asked vdio is going to determine v^o is going to
represent the associations fron the cotimunity then. Is it this
Board? Is it the Planning Board? Is it the Planning staff?
I Councilman Cardman remarked, vdiat Councilwonan Raffensperger is
' saying here is that she is asking the consultant to recotmend how
that vehicle can be incorporated into the planning process.
Supervisor Desch asked, how can you ask a consultant a question
that needs to be answer^ by the connunity itself? In other words,
the consultant will do anything you ask him to do.
98S
Town Board Minutes 21 June 13, 1988
Councilman Cardman replied, we are asking the consultant to propose
a forum to us v^erety the ccnimunity can have input into this
process. If it then means that we have to ask the comiunity to
elect representatives from various associations of neighborhoods,
so be it.
Supervisor Desch stated that he did not understand the benefit of
abdicating our responsibility to a consultant who probably won't
know the camrunity and e:5)ect that consultant to decide should
serve on the council.
i
Councilvotian Raffenspei^ger replied that she and Supervisor Desdi
have had this argument over the years and only for the Supervisor's
benefit did she put in the resolution very clearly that this
consultant planner should be familiar with the Town of Ithaca and
Tcnpkins County. She went on to say that we have gone around these
circles for years and she felt they are getting smaller and smaller
for our ccmmunity. She felt that all would welcome in the period
between now and August 8 th, v^en we have asked the Town Planner to
report back to us, we would welcome comment from the Board of
Zoning Appeals and from the Planning Board on only v^t is the
beginning of a very long and cotplex process vMch we really should
have been taking steps towaixis accomplishing over the years.
Supeirvisor Desch replied, that he would have to argue with another
point and that is the fact that the planning staff has been
spending a considerable amoiont of time rather effectively with the
combination of joint meetings with the Planning Board and the Town
Board and he felt that they should have the opportunity to say
something. The amount of effort that is moving forward he felt
should not be side-tracked or derailed.
Coimcilwoman Raffensperger replied, that she felt it should be
encouraged and irrplemented and supplemented.
»
Supervisor Desch asked if the timetable was realistic. You are
determining in your own mind that the Planning staff presumably
will have to set aside other things they may be doing. He asked
the Town Planner if she wished to comment on that aspect?
Town Planner Susan Beeners remarked that her only question was
vtether this resolution inplies that the Planning Board would be
involved in that request for proposals and the scope of the work,
as she did not see that in the resolution.
Councilwoman Raffensperger replied that she did not feel the
Planning Board was excluded fran the process. The pixx:ess is given
to the Town Planner to do.
Sii^jervisor Desch asked vAio was the lead agent?
Councilman Cardman replied, the Town Board is directing the Town
Planner to be the lead agent in the process.
Supervisor Desch replied, it can't be, it has to be the Planning
Board.
Town Planner Beeners remarked, in deference to the Planning Board
and to their usual authorization to have comprehensive plans draw
up, she wondered if there might be some kind of a statsnent added
' to this resolution, if you are going to consider this resolution,
vdiich would reinforce that recognition of the Planning Board.
Councilwoman Raffensperger replied, v^en my resolution is allowed
to come to the floor she would be glad to place an amendment at the
end of it making it clear that it is expected that the Town Planner
Tbwn Board Minutes 22 June 13, 1988
will consult with the Town Planning Board in the process of drawing
up the Request for Proposals,
Supervisor Desch asked for a vote on his resolution referring the
Request for Proposals to the Planning Board for their
consideration. He went on the say that the other problem that he
had was is that this really had not been an agenda item. It's to
important a subject to push forward on this kind of a time scale.
We have had a number of discussions in the past few montlis about
bringing items before the Board without having had the opportunity
to study them in detail and that in itself would be, he felt,
justification for not only referring it to the Planning Board but
deferring it.
Councilwoman Raffensperger replied, that over the years she had
looked at, on our agendas, hundreds of pencilled in agenda items.
She stated that she atterrpted to get this to Town Board members in
as timely a fashion as she could, considering how long it took to
do, and she was sure it also could have been pencilled in on this
agenda if anyone had chosen to do it, this morning.
Supervisor Desch replied, we try desperately to get agendas out
several days ahead of time and he felt the Board knew the process
for sufcmitting material for it. So you can't have it both ways.
Either you keep the agenda open on all occasions or you close the
agenda.
Councilwcman Raffensperger replied, but it can't just be open for
one part of the Town Board and closed for the rest.
Sipervisor Desch agreed. He then remarked, but you folks had the
strong desire and statement that you didn't want any open agendas
and he was just reminding you of that fact.
" RESOLUTION W). 166
Motion by Supervisor Desch; seconded Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby refers
the resolution for a Request for Proposals for updating the
ccmprehensive plan to the Town of Ithaca Planning Board for their
consideration.
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Aye
Councilman Bordoni Voting Nay
Coimcilman Cardman Voting Nay
Councilwoman Leary Voting Nay
Councilman McPeak Voting Nay
Councilvranan Raffensperger Voting Nay
Supervisor Desch Voting Aye
The resolution was duly defeated.
Supervisor Desch asked if anyone had any questions. He then asked
the Town Attorney if he had any advice?
Town Attorney Barney replied, you have a Planning Board that has
! kind of wrestled with a comprehensive plan statement. He felt he
i was probably the only person here who had been to most the meetings
in the last two or three years, and particularly in the more recent
tines. He stated that he was not sure \tot kind of a signal this
was sending to the Planning Board. They are about at the end of
the ccmprehensive plan statement. They have reached the conclusion
of the process, he thought, they went through at the last meeting
Tdwn Board Minutes 23 June 13, 1988
the determination or completion of the draft. He went on to say
that in just reading it he was not quite sure how he would take it
but he did know they have spend an awful lot of time and he agreed
with the Si:pervisor that as a matter of courtesy it probably should
have been referred to them first.
Councilwonan Raffensperqer asked, is this a legal opinion Mr.
Barney?
Town Attorney Barney replied, the Supervisor asked for my opinion
and that he was not pretending it was a legal opinion.
BESPLUTIOJ NO. 167
Motion by Supervisor Desch; seconded by Coxancilman Bordoni,
RESOLVED, that the Town Board of the Town of Ithaca hereby table
the resolution on the "Request for Proposals" for one month until
the July meeting, until the Planning Board has had the opportunity
to review the resolution.
(Desch, McPeak and Bartholf voting Aye. Nays - Bordoni, Cardman,
Leary and Raffensperger).
The resolution was duly defeated.
RESGLUTIOJ NO. 168
Motion by Councilwonan Raf fensperger; seconded by Councilman
Cardman,
WHEREAS, the Town of Ithaca Town Board wishes to proceed with the
organization and inprovement of its comprehensive planning
documents including the ccnpletion of a goals and policy statement,
1
I WEJEREAS, the rate of developnent in the Town of Ithaca has
increased substantially in the past several years,
WHEREAS, the time required for consideration of presently proposed
development makes it iitpossible for the planning staff and the
Planning Board to proceed with the comprehensive planning process
in a timely fashion,
NOW THEREFORE BE IT RESOLVED, that the Town Board instructs the
Town Planner to prepare a Request for Proposals in order that it
may consider engaging the services of a consultant planner, v^io
shall be familiar with the Town of Ithaca and Tompkins County, such
services to include:
Evaluation of all present elements of the Comprehensive Plan
of the Town of Ithaca and recommendations for appropriate
^0^ revisions or additions to those documents.
Organization and revision of the Planning Board's draft of the
Preamble (goals and policy section) of the Comprehensive Plan.
Such process shall include consultations with the Zoning Board
of i^peals, the Planning Board and the Town Board and the
organization of public participation in the process.
The Consultant should ejpect to provide to the TOwn Board for
action:
Revised preamble to the Comprehensive Plan.
Reccanmiendations for additional elements needed to enhance the
effectiveness of the plan, including any changes to local
Town Board Minutes 24 June 13, 1988
laws, rules and regulations necessary to iitplement the
reconmendations.
Timetable for periodic updating and iirprovienient of the plan.
Reccninendations for strategies to encourage inter-municipal
cooperation in land use planning and regulation.
AND FURIHER RESOLVED, that the Town Planner shall present such
"Request for Proposals" to the Town Board August 8, 1988 at which
i time the Town Board may accept, reject of request modifications to
' the proposal. At the same time, the Town Planner shall present an
estimate of costs for the project, estimate of Town planning and
^0^ legal staff time needed to expedite the process, a target date for
selection of the planning consultant, and a time frame for
corpletion of the consultant services to be requested, and
FURTEffiR BE IT RESOLVED, that it is understood that the Town Planner
will consult with the Town of Ithaca Planning Board in the
preparation of the "Request for Praposals".
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Nay
Councilman Bordoni Voting Aye
Councilman Cardman Voting Aye
Councilwcman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwcman Raffensperger Voting Aye
Supervisor Desch Voting Nay
The resolution was duly adopted.
^ PUBLIC HEARING TO COSfSIDER A LOCAL LAW REZCNING A 15.86 ACRE
PORTIOSI OF TOWN OF ITHACA TAX PARCEL NO. 6-24-4-14.2, LOCATED AT
1290 TRUMANSBURG ROAD, 48.86 ACRES TOTAL, FROM RESIDENCE DISTRICT
R~15 TO BUSINESS DISTRICT "B", AND WITH RESPECT TO THE PROPOSED
REZCNING OF A 12 ACRE PORTIOJ OF SAID TAX PARCEL FROM RESIDENCE
DISTRICT R-15 TO MULTIPLE RESIDENCE DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider a local law rezoning a 15.86 acre portion of Town of
Ithaca Tax Parcel No. 6-24-4-14.2, located at 1290 Truraansburg
Road, 48.86 acres total, frcm Residence District R-15 to Business
District "B", and with respect to the proposed rezoning of a 12
acre portion of said tax parcel frcm Residence District R-15 to
Multiple Residence District having been presented by the Town
Clerk, the Si:pervisor opened the public hearing.
Supervisor Desch stated that the way we are going to conduct the
qgptinuation of the hearing is that the developer has asked for no
more than fifteen minutes. He stated that he has been accused of
curtailing other people so that he might just as well be accused of
curtailing everybody. Following that, he stated that he would ask
if there were questions frcm the floor having to do with the
^^ironmental assessment information on the Multiple Housing part
the proposal. Once that is on the table he would a^ for
^ questions having to do with the environmental assessment
information in regard to the ccannercial and following that,
depending on how long we have been going at it, we will either
adjourn the hearing once again to the July meeting or we will
continue. He felt that there were other questions that people
potentially would like to address. There are also people v^o
wanted to speak at the hearing in May vdio have not had the
opportunity and there are also people v^o would like to speak again
Town Board Minutes 25 June 13, 1988
with additional information. So, the first step is to hear from
the developer.
Robert Leathers, Architect for the Kyong Project stated that any
good design begin with analyzing what is there already. We
thoroughly believe that in fact that vdiat is evolving here is a
good design something that will really be a benefit to the West
Hill for many, many years to come. He stated that vtot he wanted
to show first is the size of the site. We looked at some last
month, which were going up the road. What we are going to do is
I set the camera in the middle of the site. He showed a view from
the middle of the site looking to the northeast. You can see the
bam that is there, owned the Kyong's. Then as we proceed to
take shots in a clockwise manner around the site, vtot you see is
that you have views as you proceed to the south of the electric
substation, that is the irtmediate neighbor to the south.
Proceeding further looking south, you find it is mostly open meadow
land with seme sprinkling of trees along the way. Seme of those
trees certainly would be included in the development such as the
large pine with the apple beside it up there is a very picturesque
setting. Looking due west, the water tank on the top of the site
and then proceeding looking north you can just see the cenetery
tucked into the trees. He went on to say that you will notice, as
you proceed along we are now back to the bam \diich is a little
storage bam to the north of Dr. Kyong's office. You can't see the
office as it is tucked into the trees behind but there is a large
bam in the back.
Mr. Leathers went on to say that it's a beautiful setting and he
could certainly understand v^y people want to maintain something as
beautiful as this. We do too. Now, v^en you look from the street
and you look at the office and then proceed to sweep again looking
at the site you can see that it is in fact a very contained site.
It is a site that is defined on the southem boundary by the
electric substation. Even though the substation is tucked into the
trees, it's maybe not the most beautiful thing in the world. But
the fact is is that the site as a total is beautiful. And it is
something that can act as a spring board towards a tmly sensitive
design. And that is vdiat is being proposed here. He went on to
say that he would now tum the presention over to Don Ellis v^o is
going to show you the plan and vdiat we are proposing on that site.
Don Ellis stated that he was going to run through some of the
particulars for those people \dio may not be familiar with them. He
showed the entire parcel on a map, to the west and south of
Trumansburg Road. He pointed out the entrance to the hospital.
The parcel is 48 acres plus a little bit. We are proposing that it
be zoned three separate parts. There will be a commercial zone
next to the highway in the lower portion, a raulti residence zone
along the slope in the middle portion and on top v^ere the land
begins to be quite level, that would romain as it is, zoned R-15.
Mr. Ellis went on to say that in response to some public interest
and some requests from the Board, we are now showing an entrance
possibility at the rear of the project. In response to some
information received just Thursday from Syracuse, from the highway
engineers for Route 96, we have esqilored the feasibility of an
entrance toward the edge of the site rather than at the hospital as
^ an alternative should it ever be needed. The Route 96 plans show
three different approaches toward tying back into 96. The two
least likely ones would created a situation v^ere we would like a
better access. The most probable of the three works very well with
the plan as it is drawn here. Regarding the adjacencies, he point
out on a map tliat immediately across is the hospital grounds, the
professional office buildings, the cenetery occupies all but the
front edge of this space where the old schoolhouse is, the water
Town Board Minutes 26 June 13, 1988
tank is located here, there is residential development along here,
several nice hcmes. There are other large parcels of land held to
the south and here there is a substation.
Mr. Ellis went on to say that the 16.86 acres that we have
requested the caiinercial rezoning for turns out to be in the range
of about 5.5. acres, partly because of rules we have imposed and
partly because of rules iirposed by zoning. The first imposition is
the edge along the front, a very standard set back at the highway
^ edge. We intend to supplement that with seme plantings, very
critical in this area. Mr. Ellis then showed sane slides of the
area.
Mr. Ellis went on to say that another portion is reserved for
buffer, there is no buffer called for in seme places but we have
elected to have them we feel they are very helpful and useful.
There is a buffer v^ich amounts to 2.87 acres, we have already lost
an acre plus on the other side. With the new road system that we
need to serve this development we have agreed with the Planning
Department to use the normal driveway set backs as they would apply
in any circumstance in the Town. Despite the fact that it is
private property, we think these are good setbacks and we are
proposing to have those. In addition to that within our design
mandate, the Kyong's have always ej^ressed the interest in
reserving the office as it is and the old buildings as they exist
today and we have set aside three acres there. All of these
various setbacks reduce finally the area for development to 5 plus
acres so it is scmewhat restricted. Taking into accoimt also that
we have to provide three times as much parking space as floor space
the amount of actual building that is going to happen here is about
v^at you see. The 20,720 square feet works very nicely and is v^at
is proposed. It fits the kind of quality design that we are
interested in. We really want to develop this inner space, we want
it to be ccnraunity kind of neighborhood space and neighborhood
facilities.
Mr. Leathers went on to say that the process of developing the
design is something that will be done with the Planning Board,
working with the community. Putting it together with everj^xxly
participating. But a lot of people have been very interested and
concerned about the fact that we have just been showing other
things that have been done that are very similar. We have now done
seme advanced work, this is not the final design. It is in[possible
to present a final design now because a lot of input is going to be
necessary. What you are going to be seeing is an advanced
schematic design of what this might look like. This is taking a
portion of the area we were just looking at which is the
residential-multi family area. Developing that area so that in
fact we have a design of buildings grouped around a meadowland. In
the back of those, parking vhich would feed into those buildings.
When you lock at that plan blcjwn you can see that that caranon
area, to the buildings, is the area he had described as the
meadowlands. That area that is going to be for the use of all of
those buildings. These buildings would then have their parking to
the back of these buildings, coning into the buildings from the
backside. When you look at tiiese buildings they are going to look
more like farm houses than they are apartment buildings. The
intention is for these buildings to be rural in nature and to build
■jmm ori that character that is already there on the land. Thesei buildings are siitple buildings they are augmented by the
i landscaping that has developed around thorn. Very extensive
landscaping. Do we plan to do the landscaping? Yes. We will put
in mature trees not just little seedlings. Mrs. Kyong is committed
to developing this so that it is in fact a nicely landscaped and a
beautiful place to live.
Town Board Minutes 27 June 13, 1988
Mr. Leathers went on to say that the area that is cormercial, the
intention is that that would be developing in a similar manner
vAiereby it grouped around meadowlands but really they are more like
courtyaids. There are three courtyards with cotnercial
neighborhood service buildings. If you look at this plan
carefully, the outside areas are the parking areas. The parking is
being developed so that if feeds into these buildings fran the
outside. The courtyards in the middle are those areas that you
circulate through to get to the buildings. There is a covered walk
area that feeds to these buildings. You can see that the parking
is distributed so that it feeds directly into the buildings as
well. So that means that you can drive your car right to the front
door, run in and get your loaf of bread, your jug of milk and leave
iirmediately without having to go through the vhole thing. It's
designed for a neighborhood services area. While at the sane tine
developing a very beautiful courtyard scheme that would tie all of
these together and people could just meet as they go to shop. A
view of what the courhyard looks like shows the bam like structure
in the back, that is the existing bam. The other buildings are
new buildings grouped around these courtyards that tie through the
middle. He showed a blown up of one of the entrances going into
the buildings. He noted that you could drive in an park and go
directly into the buildings or you can core into an upper level.
Most of the buildings, because of the hill, can be entered frcm
upper and lower levels both. Mr. Leathers went on to say, in
looking at these drawings, you can see that this is not just
another cormercial area. It is not Route 13. It is not even East
Hill Plaza. It is in fact, a neighborhood services connercial
area. One beautifully designed and \diy, frankly a lot of
architects could do sane very beautiful areas but they need the
right place. And vAiat is happening in this place is that Mrs.
Kyong is going to live there. Mrs. Kyong cares about this. They
have their office there already. That's v^y we have been given the
chance to design something that could truly be extraordinary. This
is an opportunity for West Hill to lead the way and do something
very nice. Sane things are going to happen up here and the first
thing that should happen is a place to buy a loaf of bread. There
is no need to go through the Octopus to buy a loaf of bread and to
come back again. A lot of people have expressed this same concem
to us. He stated that what he was suggesting was that in fact it
is an opportunity right now. It is an opportunity to get something
that is truly well done. He stated that he thought, he certainly
hoped that the Board would agree with than that in fact this is a
quality developnent, one which is truly going to add to West Hill.
That's been essentially the development of this design, that's been
the thrust of this design and it will continue to be and we would
vrelcane the in put from the community, that goes without say, and
work with the community closely.
Supervisor Desch remarked, that as he had said earlier, the first
round will deal with the environmental assessment for the multiple
housing portion of the project.
Doria Higgins, 2 Hillcrest Drive stated that she just learned
yesterday that the environmental assessment form had been revised
and she suspected that most of the audience here tonight doesn't
know that. She stated that she hoped this meant the audience would
be able to catment on tliis later on. She stated that she had not
had the chance to study the revised version.
Supervisor Desch replied, the questions that he would ask staff is
are there changes in the specific numbers that have been presented
on those environmental assessment forms?
Town Planner Susan Beeners replied, the revisions that appear in
your booklet that you received in the mail, with respect to the
Town Board Minutes 28 June 13, 1988
enviroranental assessment form are cx)rrections that were spoken to
and made at the last Town Board meeting. We went through several
corrections that needed to be made at that time.
Doria Higgins remarked that the point was that they have not had
the opportunity to study that, so she was hoping this would not be
the last time to make public ccninent.
Supervisor Desch replied, it depends on vtot the changes have been.
^ He asked the Town Planner if she could be specific or were they too
! genercil.
Town Planner Beeners replied, there were several typographic
corrections that had to be made. She went on to say that she
remembered we went through them and she had stated them page hy
page at the last Town Board meeting held here at the Mayers School.
There are several of them and she felt they were adequately
explained and she did not feel it was necessary to go over them
again. The EAF was brought up to be in correspondence with the
general plan that was presented at the time.
Terry Ntoore, Perry City Road, Trumansburg, New York, stated that
his questions were in tenns of the runoff. Things have changed
someivtot in the planning to become much more detailed than the last
time. He asked, how many acres are going to be developed,
including buildings, parking lots, walkways, etc., where you are
going to be finishing over the land and what iitpact will that have
in terms of the volume of runoff during a thunderstorm or other
sudden downpour. In particular, what inpact does that have on the
storm runoff facilities which have to be planned for peak flow
rather than average flow and have to planned based on the
percentage of land that is covered and the type of coverage on the
land.
Mr. Ellis replied that a total of 2.4 acres of land will be paved.
Nearly one acre of that paving is highway paving v^ich comes
completely under the supervision of the Town. It has to be done to
Town specifications, as highways are, and the other 1.5 is the
combined areas of the roofs of the buildings and the parking lots.
The total area in question, in the raulti family, is 12 acres. The
part that would be paved is 2.4 acres.
Mr. Moore asked what the difference in runoff would be. Typically
paved areas have over ten times the peak runoff of a meadcjwland,
such as is there. acres out of twelve can more than double the
runoff and, therefore, requires you to double the size of your
storm drainage if you want to plan for this according to typical
engineering practices.
Mr. Ellis replied, the EIS addresses this rather effectively hy
dividing the land and asking what land falls into each of three
categories. Less than 5% of slope, 5-10%, 10-15% and more than
15%, so there are more than three categories. The land vdiere the
multi family is going, we think, appropriately involves the
development that produces the lowest percentage of paving per
existing area and the slopes are all less than 15% which put it
easily in the range of standard design for engineering and civil
engineering type structures.
Mr. ttoore asked if the additional storm drainage for the runoff
I from the property adequate to carry the additional load?
Mr. Ellis replied, yes it is.
Rossalyn Grippi, 423 East Seneca Street, Ithaca, stated that she
had a ccnment. In the assessment form that she saw, relative to
Town Board Minutes 29 June 13, 1988
the stream at the north end or the north side of the Kyong
property, the stateanent is made that it is not listed with the
Department of Environmental Conservation. She went on to say that
actually it's name and number is a tributary of Cayuga Lake,
Ontario 66-12-T296-79. She stated that she did not know if this
had any effect but she felt it should be accurate.
Mr. leathers replied, we did the same thing you did but the answer
we got was that that stream was not listed.
Mrs. Grippi went on to say that another point she wanted to make
relative to that was that there was a lack of statistics. For
exanple, what need is there for multiple housing in that particular
area because the statement does say that the need for multi family
housing in Torpkins County is readily established and that in part
can be satisfied on West Hill and that the need for single family
housing on West Hill is strongly defined at this time. She stated
that she felt it WD\ild be better if there were some statistics or
sane inquiries made as to exactly the need for that kind of
housing. One or the other and no need for single family housing on
that.
Supervisor Desch replied that the Tcwn staff had done some research
on the need and would be covered a little later.
Mrs. Grippi went on to say that there was another stataient
regarding it's effect on the environment and vhat was listed were
the Biggs Carplex, the Lakeside Nursing Hone, the Mayers School,
etc., etc., and the conclusion was that, therefore, a ccmmercial
building and this etc., would have no effect. She stated that she
wandered v^ether mention of single family houses in the area on
Hopkins Road vhich some abut the Kyong property on Hayts Road vhere
the road will cons down on the cemetery for example, particularly
as she sees now there is an exit on Hayts Road. Will that traffic
ccrce down now between the cemetery v^ch is historic and the school
house and the chapel vhich are also historic, these things should
be properly assessed she felt.
Mr. Leathers replied that they agreed totally that it should be
addressed, however, they do feel that there are very substantial
buffers and in fact vhat is the belt within this site is not going
to be visible fron any of the area just mentioned.
Mrs. Grippi ranarked, but there is an entrance now planned for
Hayts Road? It would increase the traffic for the residents and
the school house. She asked how they planned to consider this?
Mr. Leathers replied an analysis in terms of how much traffic would
actually be likely to be carried by that carrier and how much
effect that would have on the area.
Mrs. Grippi remarked, and the old cemetery you see is not
abandoned, there is quite an effort on the part of the Cemetery
Association to prevent vandalism. There are beautiful tonb stones
there, etc. and people cone and pay there respects regularly. It
is a little disheartening to think that traffic might be swDoping
down around and in between particularly since it's such a narrow
road and she wondered what thought was given to this.
Mr. Ellis replied that that road is shown now, in response to
public interest in having another access, it's sort of what about
this? Our recatmendation is the initial one, we think that this
entrance is much more than adequate to service vtot is shown here
and it's really the best approach. There much interest in
should there be another entrance and k:'" ^ f ^"'ng that we have
shown one. We are going after this • ^ -^mning Board, the
tP
oos
297
n
Town Board Minutes 30 June 13, 1988
Planning Board will be involved in all of this at that time and we
will have to decide if that road should be there.
Mrs. Grippi responded, so your plans now are not resolved in any
way, it's not ready to be voted on?
Supervisor Desch replied that the draft local law, in the process
of considering rezoning, there are two aspects to it. One is the
actual rezoning itself and the second is the approval of the
general plan. By having rezoned it, at sane point if that is vtet
the Board chooses, it doesn't mean that Town Board has approved the
general plan. The developer, once the rezoning is established, has
to go back and produce a general plan that is subject to approval
by this Board. The local law sets forth the boundaries, the amount
of connercial space and the number of housing units. The developer
then, in any event, \tether we like the plan or not has to go back
and refine the plan both to the Planning Board and the Town Board
requirements.
Mrs. Grippi replied, before you can act on rezoning?
Supervisor Desch replied, before they can get a building permit.
Mrs. Grippi asked v^t tlie other possible entrance and exist were?
Mr. Leathers replied that the other possibilities were a loop road
aro\md the commercial area, right now we are feeding the lower edge
out to the highway, it could just as well be the upper edge. So
that either edge can connect to the highway.
Celia Bowers, 1406 Trumansburg Road, remarked that having been hit
by a vehicle in a rain storm coming down Hayts Road. She had
called DOT and apparently this is considered a hot spot. It is
surrounded on both sides by a cemetery, you cannot apparently
easily dig people up. Therefore, the shape of Hayts Road at the
bottcm is more or less defined by the cemetery on either side. It
is on a curve and a with the large number of accidents there it
worried her having a large number of people going up and down Hayts
Road. She went on to say that she opposed the project, as you all
know, and she certainly would hate to see an exit up on Hopkins
Road but this is going to take lives if there is a second exit
there. This is a very difficult intersection, so much so that she
believed it should be avoided.
Bill Fern, Glenwood Heights Road, Trumansburg, New York, noted that
the set back on Route 96 appears to be for a tWD lane highway.
Have provisions been made for other than two lanes? For exairple, a
third lane, two lanes with a turning lane, or a four lane highway
and God forbid you never know v^t development in the future may
hold, a limited access highway. What provisions have you made for
that? The application for the setback and the development?
Mr. Ellis respxDnded that he went to Syracuse last Thursday and met
with the State's highway engineers. We would only lose three feet
of additional right-of-way to the proposed limited access four lane
highway that the State is proposing in their Plan "C". That's the
nost extrane thing that is likely to happen here. The reason that
we lose so little is because most of it happens in the hospital
grounds. There is a new major intersection that would result fron
this Route 96 connection. He showed the connection on the map.
The other two determinations have major flaws. Number two would
wipe out the auxiliary building at the Paleontological Research
Institution v^ich contains all the fossils. The estimated cost of
moving all the fossils is about the same as the estimated cost of
the highway. The third plan is if you can't get the auxiliary
building there is the \(diole Paleontological building that would be
Town Board Minutes 31 June 13, 1988
taken out with plan three. He stated that he was kind of guessing
that plan one was favored. Plan one also works very well with our
plan for the Kyong property.
Supervisor Desch noted that he thought that the gentleman had asked
another question v^iich is not related specifically to the Route 96
project but for long range planning. The Supervisor felt this was
an issue that needed to be presented to the staff and have them
respond to it. He felt this was a very valid question but he did
not think the staff was prepared to answer it as this time.
Gust Freeman, 258 DuBois Road noted that he had one question on the
drawings and that he could not tell if they were one storey
ccjtmercial buildings or two storey commercial buildings?
Mr. Leathers replied, the highest of the commercial buildings will
be the height of the existing bam. The existing bam will be
renovated and would be a two storey stmcture inside, it would have
access from an upper level and a lower lever. If you visualize a
hill, then a one storey building on the upper part of the hill
becomes a two storey building on the lower part of the hill. These
four buildings would be two storey buildings with levels, access
fran the lapper level and the lower level so from the upper level it
would be a one storey building. Some would be in fact one storey
buildings, lower buildings, with access only on one level.
John Bowers, 1406 Trumansburg Road noted that it had been stated
repeatedly that commercial development would have no adverse iirpact
on the character of the neighborhood. In support of this view,
it's always pointed out that well there is a hospital there, there
is the Paleontological Institute, there is the school, there really
aren't any family dwellings in the area anyway. He stated that he
went down the road and counted and there are thirty single family
residents between the stone pile and Hayts Road. Furthermore, the
institutional buildings that are there are primarily professional
in character, there is the school, the hospital, professional
buildings. They are not commercial and he felt to say in the
environmental impact statement, or anyviiere else, that putting
ccnmercial development in this area would not adversely effect the
character of the neighborhood is siitply false.
George Vignaux, 1470 Trumansburg Road stated that earlier on one of
the architects stated that the voluntary setbacks were being
instituted in their plan. If they are in fact voluntary setbacks
that the architects are planning and the builder is planning could
the voluntary setbacks be imilaterally rescinded at a future time
or would they be locked in as part of the setback procedure. If
are building and say they are going to be good guys and only use 5
of the 15 acres if you give us the variance and the zoning, can
they not in five years say well now we can build on the other 10
acres?
Supervisor Desch replied, they can always ccme back.
Mr. Vignaux remarked, then \tot is said tonight is not actually
cast in stone. It can always be changed and more ccmmercial
development could ccme on the 40 acres.
Town Attomey Bamey replied, it would take legislation, it would
take an amendment of the proposed local law but it could be done.
In the Town of Ithaca Zoning Ordinance, at present, v^ien you rezone
to either multiple residence or to a business zone you are governed
by the site plan that is the basis for that rezoning. You can't
change that site plan without the approval of the Tcwn Board.
Town Board Minutes 32 Jime 13, 1988
Judy Cone, 211 Perry City Road, Trumansburg, New York, noted that
this was not the first time she had attended a hearing on the Kyong
development. The presentations frcxn the developers and the
architect seem very vague and very general to her. She went on to
say that she knew that the area was getting conmercial buildings
but she had no idea what is going to be in there. Possibly a
fitness center, possibly a beauty shop, possibly a barber shop,
possibly a deli or a restaurant and a drive-in bank, although she
was not sure you could get a drive-in bank in there. She went on
to say that it seems that every time a presentation is made there
is a ccnpletely different story as to \diat is going to be in there.
We have been assured that this is vhat we want and she was not at
all sure that this is vtot we want. She felt the residents had
made it pretty obvious that they didn't want any development at
all. There has been a lot of talk about keeping with the rural
vocabulary with keeping the buildings rural but everything she saw
looked like we are having wooden siding just like all student
housing. She stated that it looked like southern California not
rural to her. We are assured that only a small portion of the
ccmmercial area is actually going to be used but vhen somebody on
the Planning Board suggested that a smaller portion be rezoned and
then work aroimd the voluntary buffer and everything that was
turned out even though it would have evaporated a lot of the
concern about it. Wis were told at the last meeting, and tonight,
that the architect and the developer plans en working closely with
the ccraraunity to involve a plan that will make a neighborhood for
all of us. But at the same time they told us that they plan on
breaking ground in August and having three of the conmercial
buildings and three of the ap)artments up by the end of the year.
Which means if you took a quick vacation you could miss the vtole
planning process. She went on to say that she did not think
anybody could actually sit down here and tell us what this
development is actually going to look like. She noted that she saw
the pictures at the first presentation, she saw the pictures at the
second presentation and she saw the pictures tonight and we saw
three completely separate sets of buildings. She stated that she
did not know \^iat they were going to look like and she did not know
vdiat stores were going to be in there. Granted, you get the zoning
change first then you decide what you are going to put in there but
it seonns to her that they want a vhole bunch of land developed to
put some stuff on, and she was not at all sure that this stuff was.
She stated that she did not come here to bash developers and
architects they have a large financial interest in obtaining their
goals, she was here to remind our elected officials that the plans
presented to the public have been so hazy as to be worthless. We
have been told, in essence, that want something built v^ether the
coitinunity wants it or not. What the Town Board has been told is
that vast majority of the people who live and pay taxes and vote in
the area do not want any part of this proposed development. If the
desires of the people carry any weight at all, the proposal will be
rejected.
Clayton Fioravanti stated that he was a resident of the West Hill
and he was in favor of the development. He went on to say that he
thought it was a good development. Number one, you want a roaster
plan, here is your master plan.
Somebody in attendance asked Mr. Fioravanti if he worked for
Cornell?
Mr. Fioravanti replied that he did not work for Cornell nor did he
have any interests in Cornell, I'm an independent businessman, if
that makes any difference. All I am saying is that I'm in favor of
the development and that he would like to see something happen on
the West Hill. Everybody is worried about it running ranpant and
this is the right way to go as far as a master plan of developing
n
Town Board Minutes 33 June 13, 1988
the area. Everybody wants a plan to develop the area, this is a
plan to develop the area.
Lee Schafrik, 1491 Trumansburg Road stated he thought that the
majority of us \ho live on West Hill are not too much concerned
about vtot happens on this 40 acres, we have 600, 800 or 1,000
acres of bare ground, if this one get approved what happens to the
next one?
^ John Whitccnib, 233 Troy Road, stated that he represented the South
Hill Citizen's Association and we have gone on record, ecurlier this
_ evening, as opposing any major developnent in the Town of Ithaca
imtil such time as a ccirprehensive plan is presented and publicly
approved for the Town of Ithaca and we stand on that in this issue.
That mtil such time as a comprehensive master plan is approved for
the Town of Ithaca we reccmmend that the Board not approve any
further major developments or any changes in zoning to that effect.
Until such plan is adopted, we shall oppose changes in zoning and
we will oppose variances in subdivision regulations. A hap
hazzard, piece meal approach to development using the vdiims of
developers as its guide represents reactive planning default
rather than a positive proactive approach by the Boards. He stated
that he applauded the action of the Board this evening in
esqjediting the planning process in the TOwn of Ithaca. Until
tonight it was difficult for us to understand in a progressive area
such as the Town of Ithaca elected and appointed officials find
themselves struggling to keep up with and understand what was
happening rather than providing the positive leadership that we
their constituents expect.
Laxira Hohnberg, attorney for Mrs. Kyong stated that she had two
brief letters that she had been asked to read. The first letter
was from Curtis W. Banta to the Town Board members as follows:
"It is his considered judgement that the Kyong Project should be
encouraged as it appears to be a well thought-out development. It
will compliment the existing environment including the hospital and
offices of the old hospital."
Mrs. Holmberg read the following letter dated June 13, 1988 was
signed by John W. Hirshfeld and Mayfred S. Hirshfeld. (With Dr. and
Mrs. Hirshfeld's permission, Ben V. Boynton, former Supervisor for
the Town of Ithaca also signed the letter as follows:
"ly^ wife and I wish to go on record as being in favor of the Kyong
Building Project on Route 96. It is our understanding that it will
provide a limited shopping center with convenience stores, in
addition to well-designed single homes and condcmdnium or garden
apartments, with provision for adequate green space and good
landscaping.
It is our belief that this type of development would be a definite
asset for this area, provided it is well-designed and would be well
maintained. There is need for apartments and convenience stores to
serve the employees and visitors of the hospital, as well as those
people working in the old hospital complex and the medical
buildings.
We wish to state, however, that we feel this development should be
' restricted and must not be an opening wedge for unlimited
' development and zoning changes. Also, we are definitely opposed to
^ a large shopping center in this area."
Mrs. Holmberg also presented a stack of petitions fixm people who
sipport the project. She went on to say that v^le all of the
Town Board Minutes 34 June 13, 1988
cries for a cottprehensive plan are understandable, she was a cyi^ic
enough to double that one would cone in time for Mrs. Kyong to
proceed. These take a great deal of time and she did not know of
any master plan that was going to include ccitinercial developrrent
and apartments and she did not know v^o would vote for them next to
them.
Supervisor Desch announced that the Board would hear frcm one more
person then adjourn the public hearing until the July meeting, and
will at that point listen to any new information.
Nancy Boodley, 199 Townline Road stated that she owned 12 acres,
and that she was an architect and that she would prefer the plan
that the gentleman read in v^ich the variance is not pennitted
until the Town of Ithaca has had time to cone up with a master
plan. If you ever tried to drive thinugh the Octopus, Mrs. Kyong
lives in Cayuga Heights, may be she works over here. I live over
here.
Gust Freonan, 258 DuBois Road stated that he had represented the
people xsp in this area for a number of years, both on this Board
and the County Board. If your earlier action is going to take
place for the South Hill and he was assxming it was going to take
place for this action too, so you won't develop, you be granting
any thing until the ccsrprehensive plan is adopted.
Supervisor Desch replied no, that had nothing to do with the
resolution.
Mr. Freeman replied, then he guessed then that he was very much in
favor of the Board adopting a townwide corprehensive plan. But
before you grant anything going he would like to see it carried one
step further and that is to wait for the City of Ithaca's veto
power on Route 96. If the state plan that has been proposed by
sore is adopted we are going to need development up here, we are
going to need a shopping center. Let's face it the biggest hassel
we have not only going to work is going shopping for food, etc. We
are sitting here on an island, we have been here for years.
Supervisor Desch remarked, while we are on the subject of Route 96,
he asked tiie people by a shew of hands to give the Board an idea if
they are in favor of a new highway on West Hill or not?
Someone asked if this was on the agenda?
Supervisor Desch replied, it certain is, it's related to the
statement tlie gentleman just made and it's related to corprehensive
planning because until you know vhether or not there is going to be
a highway or not you cannot decide on what the corprehensive plan
should say.
Deborah Dietrich, County Board of Representatives stated that she
WDuld like to say scmething, vhether we feel strongly about Plan A,
B or C and many of us feel very differently here we don't have a
say until the State presents what they are going to do and the
City, as Gust Freeman eloquently said, accepts it or vetoes it.
"This is a charade Noel and I'm ashamed of you, really".
Supervisor Desch reminded those present that they do not have a say
in the matter of Route 96, it's the City that has the veto power.
He went on to say that since there were more questions on peoples
minds the hearing would be adjourned.
PUBLIC HEARING TO CCMSIDER AN AMENDMENT TO LOCAL LfiW # 3 - 1987,
AMENDING THE ZCNING ORDINANCE REQUIREMSNTS FOR THE FORMER MAJESTIC
Town Board Minutes 35 June 13, 1988
HEIGHTS DEVELOmENT ON EAST KING ROAD, TCWN OF ITHACA, NCW KNOWN AS
BUTTERFIEED CLUSTER SUBDIVISION
Proof of posting and publication of a notice of a public hearing to
consider an amendment to Local Law #3 - 1987, amending the Zoning
Ordinance requirements for the former Majestic Heights Development
on East King Road, Tcwn of Ithaca, now known as Butterfield Cluster
Subdivision having been presented by the Town Clerk, the Supervisor
opened the public hearing.
There being no one present wishing to speak for or against the
proposed amendment, the Supervisor closed the public hearing.
LOCAL LAW NO. 6 - 1988
Motion by Councilman Bordoni; seconded by Councilman Cardman,
LOCAL LAW NO. 6 - 1988
A LOCAL LAW AMENDING THE ZO^TING ORDINANCE REQUIREMENTS FOR THE
FORMER MAJESTIC HEIGHTS DEVEnjOPMErfr ON EAST KING ROAD, TCWN OF
ITHACA, NCW KNOWN AS BUTTERFIELD CLUSTER SUBDIVISKH
WBIEREAS, by resolution and ordinance duly adopted fcy the Town Board
on February 7, 1983, a multiple residence district was created on
East King Road in the Town of Ithaca (now tax parcel No.
6-44-1-4.31), and
WE5EREAS, in conjunction with said resolution and ordinance certain
requirearents were imposed with respect to such multiple residence
district, and
WHEREAS, those requirements were revised pursuant to Local Law No.
3 of the year 1987, and
WHEREAS, the Planning Board of the Town of Ithaca has reviewed the
project and has reccsnmended further revisions to certain of those
requirements and restrictions as hereinafter set forth, finding by
resolution adopted April 19, 1988, that the proposed revisions to
the project do not represent a significant change from the size and
scope of the project as was originally approved in 1983 and amended
in 1987 and as originally si±)jected to environmental review on
those two occasions,
NCW TEIEREFORE BE IT RESOLVED, by the Town Board of the Town of
Ithaca as follows:
1. Local Law No. 3 for the year 1983 as amended by Local Law No.
3 for the year 1987 be and the same hereby is further amended as
follows:
A. Section 4, paragraph B of said Local Law is further
modified to read as follows:
"B. The Town now makes a legislative finding that the
owner would reasonably require a period ending September
30, 1991, to ccftinence and complete the construction of
the
Phase or Stage I and II iirprovements on the project as
shown on the Preliminary Plat of the ButterField Cluster
Subdivision made by George Schlecht, P.E. L.S. dated
April 5, 1988, as the same may be hereafter modified with
the approval of the Planning Board in accordance with
other provisions of this law."
Town Board Minutes 36 June 13, 1988
B. Section 4, paragraph C of said Local Law is hereby
amended to read as follows:
"C. Any building permit issued subsequent to the
enactment of this law may be revoked or modified at the
option of the Tcwn Planning Board if:
( i) construction of Phases or Stages I and II has not
been substantially conrenced by October 1, 1988, or
(ii) construction of Phases or Stages I and II has not
been substantially ccirpleted by September 30, 1991.
The tiire within which such building permit shall be effective may
be extended, if good cause is shewn, by the Town Planning Board."
2. This Local Law shall take effect ten days after its
publication, subject to the same being filed with the Secretary of
State of the State of New York.
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Aye
Councilman Bordoni Voting Aye
Councilman Cardman Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwcman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No. 6 - 1988 was thereupon declared duly adopted.
MAY FINANCIAL REPORT
RESOLOTICN NO. 169
Motion by Councilvroman Raffensperger; seconded by Councilman
McPeak,
RESOLVED, that the Town Board of the Tcwn of Ithaca hereby approve
the May Financial Report as presented.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
REGULATION OF TAXI SERVICE
Supervisor Desch noting Councilvroman Leary* s request for the
regulation of taxi service in the Town of Ithaca stated that a time
frame needed to be set and that the Town Attorney need to be
advised of this time frame.
Councilwcman Leary suggested September.
Town Attorney Barney questioned what the Board was doing, he could
not hear.
Councilwcman Leary replied, you were supposed to get some material
together.
Town Board Minutes 37 June 13, 1988
Town Attorney Barney stated that he had received a cannunication
that instructed him to do sorething but he really didn't get a
feeling that it was the entire Town Board that was directing him to
do it. He went on to say that if the Town Board wants to get into
the regulation of taxi's he felt he really needed sane guidance as
to how deep they wanted to get into it and administratively how you
want the ordinance drafted. Do you sirrply want to set fair rates
and have the Town Board rule, as the City Council does with ACC and
try and establish what those rates are going to be or are we going
to have a licensing requirement v^re people have to get licenses
fron the Town? If so, \A\o do we want to have the person being to
issue those licenses and make a determination soneone is qualified?
He stated that he needed sane guidelines. He could take the City's
ordinance but the City has a fairly substantial structure for
administration. He stated that he was not quite sure where that
administrative level is here at the Town. If the direction is to
draw and put in the word Town Clerk v^erever it is, then he needs
to be advised of this.
Councilwanan Leary replied that if there were licensing she felt it
should be the Town Clerk who would administer it.
Supervisor Desch asked the Board how they wished to proceed, do you
wish to form a carmittee?
Councilman McPeak asked if there is a need for an ordinance?
Coimcilwcman Leary stated that her letter outlined it scmevAiat, we
need to tie the rates in sonehow to the City's but also take in to
account our geographical distribution of the three hills. She
stated that she was thinking of may be zones.
Town Attorney Barney asked Councilwanan Leary is she wanted him to
dream up the zones? Who is going to do these kinds of items in
order to put the ordinance in place.
Councilman Bordoni replied that he felt logically that the Tbwn
Clerk would be the person who would issue the permits. He thought
that tying the rates in with the City is necessary so that you
don't have a large difference between the time vhen you leave the
City and enter the Town. But Attorney Barney's request for some
sort of a zone, he felt would also have to be patterned after sane
sort of an extension of the way the City zones are lineated. Do a
projection in an outward fashion so that it would cover those
areas. He felt a committee was needed to make this work. Once we
know v^at sane of the Town Attorney's concerns are, the specific
areas, then they should be addressed.
Town Attorney Barney felt a ccmnittee would be best and he stated
that he would be happy to work with them to cane xip with a draft of
sane sort that the Town Board could look at.
Supervisor Desch agreed. He went on to appoint a committee of
Councilman Bordoni and Councilwanan Leary to guide the Board on the
possible legislation that would regulate taxi service, with
Councilman Bordoni being the chairman. He instructed the carmittee
to report back at their pleasure.
Councilman Bordoni asked how many persons were on the carmittee?
Supervisor Desch replied, two.
Councilman Bordoni suggested a third person be appointed, may be
volunteer third person.
Councilman Bartholf volunteered to serve on the taxi carmittee.
Town Board Minutes 38 June 13, 1988
RATIFY APPOimMENT OF PARKS PERSCa^
RESOLUTION NO. 170
Motion fcy Councilwcinan Raffensperger; seconded by Councilman
McPeak,
WHEREAS, inteirviews for Parks Grounds Assistant were conducted, and
WHEREAS, the interviewing carmittee selected Mr. Robert G.
Strosnider as the most qualified candidate for the position of
Parks Grounds Assistant,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby ratify the appointment of Mr, Strosnider as Parks
Groimds Assistant at a salary of $5.50/hour effective May 18, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
REIMBURSByiENT TO MONTESSORI SCHOOL
Supervisor Desch noted that the Town had received a request from
the Montessori School having to do the cost of extending the water
and sewer lines across the road. This came to us scmetime ago
without a breakdown of the cost of doing it. The Town Engineer has
recoTinended that we credit the Montessori School for the cost. We
went back and looked at the level of benefit assessment that the
school will be paying to determine v^ther it was appropriate in
terras of the overall benefit assessment in the Town to make such a
reimbursement. The prior owner of the property had been paying a
substantial benefit assessment since the beginning of the benefit
formula so, as we have in other water and sewer extensions, the
Tcwn has provided the crossing to the project, v^ich in this case
is the school. He stated that he would reconnend that $3,264.05 be
reimbursed to the Montessori School.
Councilman Cardman asked if this proposal is consistent with
established policy?
Supervisor Desch responded that it is.
RESOLUTION NO, 171
Motion by Supervisor Desch; seconded by Councilman McPeak,
WHEREAS, the Montessori School on East King Road was billed and has
paid to its contractor. House Craft Builders of 1459 Slaterville
Road, Ithaca, New York, the total sum of $4,896.08, including the
net construction cost of $3,264.05 and overhead and profit in the
amount of $1,632.03, for installation of water and sewer lateral
services to their property line on the north side of East King Road
from existing water and sewer mains on the south side of East King
Road, and
WHEREAS, Herbert Monkemeyer, frcm whose property the Montessori
School property was subdivided, has been paying water and sewer
benefit assessments for several years on his original land parcel
of 46.96 acres, and
WHEREAS, the net construction cost for the installation of the
water and sewer services in the amount of $3,264.05 is deemed
reasonable due to the difficult rock excavation conditions
encountered.
Tcwn Board Minutes 39 June 13, 1988
NOW THEPEFOPE BE IT PESOLVED, that the Montessori School be
reiiribursed the amount of $3,264.05 by the Town of Ithaca for the
net cost of installation of the water and sewer services to the
Montessori School property line.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
SOUTO Hm PBCPEATION TRAIL
Supervisor Desch reported that there was a change in the dollar
figure that went with the application so he felt it would be
appropriate for the Board to be aware of that change.
George Frantz, Assistant Tcwn Planner reported that at the May 9th
meeting, the Board approved a resolution authorizing staff to apply
for a grant through the Environmental Quality Bond Act Program of
the State for an amount not to exceed $58,000 which would be
matched by $58,000 fran the Town. Since then the project has been
scaled down slightly. Our original proposal was for a trail fron
Buttermilk Falls State Park to Aurora Street-Hudson Street area
following the former railroad right-of-way. That section has been
dropped from the proposal. The State v^ich owns a portion of that
right-of-way, at this time is hesitant to give us the go ahead to
develop it because for five years now they have been pushing for a
trail from Buttermilk Falls to Allen H. Treman Marina and they
would prefer to see that trail developed first. They have the
money to do it, in fact, but it's held up by the City of Ithaca
getting a right-of-way across certain private lands. Miat we have
done is propose a trail from Hudson Street eastward to Bums Road
and the cost of that trail is $97,526. We are now requesting
$48,763 froti the State.
Supervisor Desch noted that the Tcwn amount would also be $48,763.
Councilman Bordoni noted, the original figure was $106,000 of which
we would be reimbursed 50% or $58,000. Now because of sane changes
in the process, or at least where the trail is being built, or
considered to be built today, as where we discussed at our last
meeting we are building less trail?
Supervisor Desch replied, right.
Councilman Bordoni continued, we are building from Hudson Street to
Bums Poad?
Supervisor Desch replied, right.
Councilman Bordoni continued, and that total cost is $90,000 of
vhich the Town must pay 50% or $45,000?
Mr. Frantz replied, right. Supervisor Desch added, more or less.
Councilman Bordoni asked if the Town was building 25% less road or
50% less road. There doesn't seem to be an awful lot of
difference, we are talking about $16,000 difference.
Mr. Frantz replied first of all, we had to increase the cost
estimate of construction. Over a large section of the trail the
railroad ties are still embedded which we have put in an estimate
for removal and disposal of them. A second itan is that the trail
is intended to follow vhat we call the upper railroad bed from
Coddington Road to Bums Poad. That is currently owned by NYSEG
and they are not at this time sure v^ther or not they vrould give
us an easement over that portion of the trail so we have included
Town Board Minutes 40 June 13, 1988
$18,000 as a contingency in the event the Town would acquire that
land from NYSEG.
Councilman Ccirdman remarked, it sounds like this plan all of a
sudden has gone very large in scope.
Councilman Bordoni ronarked that with the cost escalation for this
abbreviated portion, the final dollar figure all the way?
How much more is it going to cost us in the long run. We have to
do some projection here in order to get this in the right
perspective.
I I
Mr. Frantz replied that the section from Aurora Street to
Buttermilk Falls State Park, he stated that he did not have the
original budget with him with the breakdown section by section, but
he believed it was in the vicinity of $20,000 to $25,000 for that
section.
Councilman Bordoni replied, for the Board to make decisions
piecemeal on a trail that hopefully will be used for the next 50
years, let's hope, or 100 years, if it's ever done. But we are
being asked to approve this thing piecemeal. It sounds like the
old construction game, I can build this house for you for $60,000
and before you move in you have $100,000 and you still can't call
it a completed home. He stated that he could see the same thing
with this trail. Can we get a total completed picture of v^ere
this trail is going to start and go and where it is going to end \ap
and how much it is going to cost us? He stated that he thought it
was necessary to do that before we bit the bullet on this piecemeal
approval of a piece here and a piece there.
Mr. Frantz replied that the trail has been approved in the Parks
and Open Space Plan to run basically from Allen H. Tronnan M^ina
around the southend of the City and up the hill out to Bums Poad.
Councilman Bordoni relied that he understood that, he had seen the
map but he was a little troubled with that.
Si:pervisor Desch suggested that the matter be tabled so that the
Assistant Planner could come back to the Board with the overall
facts and figures.
Town Planner Susan Beeners noted that the remainder of the trail,
the part going from Aurora to Buttermilk and then over all the way
to Treman Marina has been frustrated for two or three years because
of some real indecision on the part of the City as to where they
want to see the trail located. From the Marina to Buttermilk there
is an agreement that that section will be constructed the State,
going from Buttermilk to Morse Chain-Aurora Street is an area where
three parties are involved and it is difficult to really figure out
what a share might be, at this time, because of all of the
indecision on the rest of the route.
Supervisor Desch replied, let's bring back the big picture so that
we can go back over it again.
AWARD OF TRUCK BIDS
Highway Superintendent John Ozolins stated that he proposed
awarding the bid for the Mack truck in that the difference between
the low bid which was International and Mack was approximately
$1,600 or $800 per truck. However, the key areas \^ere
International falls short are the engine, the tork rating, the
transmission, this ccmbination did not match up right. From past
experiences, the problems that we have had with the trucks we have
n
Town Boaird Minutes 41 June 13, 1988
have been tranamissions and rear ends. The other key area is the
rear axle.
Councilman Ccirdman questioned the resolution which charges it to
two different year highway funds?
Highway Sijperintendent Ozolins replied, right.
Councilman Cardman asked vhy the resolution said Highway Fund
1*^ Reserve for Highway Equipment subject to Permissive Referendum, he
asked what that meant.
I '
Supervisor Desch replied, the allocation of funds from the reserve
is subject to Permissive Referendum. If you vote for this
resolution tonight, people have thirty days to petition if they
decide they don't want you to spend that portion of it frcm the
reserve. It's just the nature of the law as far as reserves are
concerned.
Highway Superintendent Ozolins went on to say that as far as
putting it over two years, by bidding for two we have cut down the
cost.
RESOmTICN NO. 172
Motion by Councilman Cardman; seconded by Councilman Bordoni,
WEJEREAS, on June 2, 1988, bids were received for two new 1988 dump
trucks, 35,000 pound GVWR each, snow plows and dump boxes and duitp
bodies/material spreaders for each new truck, and
WHEREAS, two bids were received for the two new dump trucks ranging
in amounts frcm $91,822 to $93,475, and
rn WHEREAS, one bid was received for the snow plows and dunp boxes and
j duitp bc^es/material spreaders for each of the new trucks in the
amount of $53,688, and
WHEREAS, after review of the bids by the Highway Superintendent, it
was determined that the low bidder for the new duitp truck did not
meet specifications,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca herein award the bid to Beam-Mack Sales and Service, P.O.
Box 221, 3050 Lake Road, Elmira, New York, in the amount of $93,475
for the purchase of two new dump trucks, one to be delivered on or
before Septemiber 15, 1988 and the other truck to be delivered on or
before January 15, 1989, and
FURTHER BE IT RESOLVED, that the Town Board of the Town of Ithaca
hereby award the bid to Steuben Supply Ccmpany, P.O. Box 546, Bath,
New York, in the amount of $53,688 for the purchase of two new snow
plows and dump boxes, and dump bodies/material spreaders, delivery
of same to coordinate with the delivery of the new dump trucks, and
FURTHER BE IT RESOLVED, that the truck being purchased in 1988 be
charged to Highway Fund DB5130.200 Machinery and the other txuck
being purchased in 1989 be charged to the 1989 Highway Fund
pHf DB5130.200 Machinery, and
' ' FURTHER RESOLVED, that the snow plow and dump boxes and dump
bodies/material spreaders be charged to Highway Fund Reserve for
Highway Equipment subject to Permissive Referendum.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
88?.
Town Board Minutes 42 June 13, 1988
PUBLIC HEMOTG TO CCNSIDER THE ADOPTICN OF A SPRINKLER LOCAL LAW IN
THE TCWN OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider the adoption of a Sprinkler Local Law in the Town of
Ithaca having been presented by the Town Clerk, the Supervisor
opened the public hearing.
Supervisor Desch noted that the Board had received, previous to the
public hearing, a copy of the proposed local law and a memorandum
I pertaining to -^e Sprinkler Local Law. He then went on to say that
he would propose that the local law be laid on the table for
consideration at our July meeting as this is a very major step and
the Board needs to think about it and the public needs the
opportunity to look at it.
Councilman McPeak questioned the word "retrofit". He stated that
that word bothers him, it means that ever^xdy now v^o has a house
in the Town
Supervisor Desch replied, if you adopt that provision of this
ordinance there would be a requirement.
councilman McPeak suggested that the word "retrofit" be droE^)ed and
instead say anything built after July or August or September of *88
should cotie under the ordinance. In the Town of Ithaca we have a
lot of people on fixed inccmes, retirement, \^ere $2,000 would cost
them seme strciin and pain. He felt it would cost about $2,000 to
put a system in a house once the house has been built. While the
frame is open, v^le the studs are open, while the ceilings and
sidewalls are open you can put it in at very little cost. He went
on to say that it was a good idea and he would certainly support it
but he would just question the retrofit.
1*1 Supervisor Desch replied that in the TOwn of Greenburg ordinance
they did not require a retrofit for one and two family houses.
councilman Cardman remarked that he supported Councilman McPeak *s
ccmroents and he also supported the Supervisor's ccmments that it
should be left on the table for at least a month so that everyone
can get a chance to read it.
Councilwcman Raffensperger stated that she was always concerned
about estimates of cost and she wondered if it would be possible to
get seme more estimates?
Supervisor Desch replied that several have been received from
different plumbers but of course it varies frcm the size of the
house and the type of house, Tether you have plaster wall,
sheetrock walls, brick walls, etc.
Councilman Bordoni questioned the first page of the law where it
says, "This local law shall apply to all parts of the Town of
Ithaca outside the Village of Cayuga Heights". He asked if the
Village of Cayuga Heights had a sprinkler system law?
Supervisor Desch replied no, but we have no authority to implement
one in the Village area.
COuncilvonan Raffensperger noted that in the acccnpanying material
to this there seems to be scarie sort of built in assimption that we
have a decision about the type of fire department we are going to
have in the future. She went on to say that this was probably
accidential.
Town Board Minutes 43 June 13, 1988
Supervisor Desch replied, not really. It gives you possibilities
and an assessment of costs.
Councilman Bartholf stated tliat he had a question on the single
family sprinkler systems where the property is out in the country
and they have wells. He asked if this was just for v^re there is
city water or all.
Supervisor Desch replied, the way this is written it includes areas
n beyond the public water si:pply as well. In other words, you would
I need to put a pressure tank in to store that water, vhich is being
done relatively commonly but it is an added cost if you don't have
public water. He went on to say that on the other hand,
residential sprinklers now do not require a separate fire main
service.
Councilman McPeak asked if there was an insurance advantage?
Supervisor Desch replied that there was an insurance advantage, it
will not advertise the cost to retrofit, it may well advertise the
cost if you are building a new house and putting it in. There has
been some discussions about subsidizing retrofitting, that's a big
arena and we did not get into it.
Councilwcman Raffensperger asked if most of the houses in the Town
of Ithaca were supplied by 1" pipes?
Supervisor Desch replied no, most are 3/4"
Councilwcman Raffensperger remarked, so that would have to be
altered.
David Auble, Developer, asked if there was a ballpark estimate for
^ a standard 2,000 square foot home, new construction?
i i Supervisor Desch replied, the plumbers are telling us 50 cents a
square foot. That does not incltjuie the house service which you
would have to increase frcm 3/4" to 1"
Mr. Auble asked about retrofit?
Supervisor Desch replied, retrofit they are saying $1.00 or less.
But it depends on the house, it depends on v^ether you bury all the
pipes in the walls. For exaitple, if you have a hot water system,
pipes running exposed, that sort of thing. They are saying it
could be as much as $1.50 a square foot.
Town Attorney Barney asked if the retrofit on one and two family
dwellings should stay or not?
Councilman Bordoni replied that he felt it should be eliminated.
Councilworoan Raffensperger agreed as well as Councilman McPeak,
Councilman Bartholf and Coimcilman Cardman.
Councilwoman Raffensperger, speaking to the Town Attorney, stated
that she had a question, since we have just been working on setting
up the day care facilities, the smallest number of children that
sOTiebody is allowed to have in their home, would they be required^ under this? That's just for three children, isn't it?
' ' Town Attorney Barney replied yes, both the new and retrofit. We
say anybody for hire, so its really one child.
Councilwcman Raffensperger replied that it seonned to her to add a
tremendous amount of expense to smallest of day care categories we
discussed.
Z6Z
n
n
Town Board Minutes 44 June 13, 1988
Town Attorney Barney asked if the Board would like to make it for
four children and \sp, or sonething like that?
Councilman Bordoni remarked, do you want to do that or do you just
want to eliminate the retrofit on existing hones and that would
include homes that had day care?
Councilwoman Raffensperger replied that the day care thing is on
the side of that category and that is why she had brought it up.
Councilman Ccurdman asked, instead of eliminating retrofitting can
we specifically say the ones that we feel should have it?
^<0^ Town Attorney Barney replied, that is fine. That he just needed
guidance.
Town Supervisor Desch remarked, you just have to decide whether you
want the day care included or excluded.
Councilman Cardman remarked, the Town Attorney is agreeing with us
about listing the ones we want to put in but now he is asking us
v^ch ones do we want to put in.
Supervisor Desch noted that a suggestion had been made to include
anything four or above for day care.
Councilman Cardman replied that he would be ccmfortable with that.
Councilwoman Leary agreed.
Councilman Cardman remarked, once the Town Attorney puts it in we
can come back and discuss it.
Town Attorney Barney replied, the problem is is that each time we
make a change of substance we have to have a new public hearing and
" readvertise so that is why he is trying to get a semi final form.
I i
- Councilwoman Leary stated that she thought that with day care
facilities, some of the the costs are so tight that she felt the
Board should be a lenient as possible, even with those above four.
COmcilwoman Raffensperger replied that as she recalled, there are
three or four categories of day care facilities and those increase
in the number of children. She stated that she was suggesting to
the Town Attorney that at least the lowest one, and she did not
remember what that nuitber is, four or vtetever.
Town Attorney Barney replied, there was a break at four but the
felt for realistic purposes, the group family day care center was
seven or eight.
Supervisor Desch asked if the Board would prefer seven to four?
Councilwoman Raffensperger replied, just so it is consistent with
that.
Town Attorney Barney remarked, we haven't even adopted that yet so
he was not sure.
Supervisor Desch asked if the recommendation was seven or eight?
Town Attorney Barney replied, seven or eight the number makes no
difference.
Supervisor Desch stated, then it should say seven or more or more
than seven, whichever way you prefer.
Tcfwn Board Minutes 45 June 13, 1988
Councilvonan Leary stated that she would leave out day care all
together.
The Board agreed this was not good and couldn't be done. Supervisor
Desch noted this segment is a real fire risk.
Councilworoan Leary asked if there was a difference between child
care institutions and day care?
n Tcfwn Attorney Barney replied, we are a little more explicit in the
new item 40 \diere we put any building were child care is provided
for any nuiriber of children for hire. We did not put that into the
retrofit section. But there is in the retrofit section child
caring institutions. You might want to iirport the language from
the new item 40 but put a higher limit in there. You might say any
building in which child care is provided for seven or more or eight
or more or whatever figure you might choose.
The Board's feeling was seven or more.
RESOLUTICaJ NO. 173
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns
consideration of the Sprinkler Local Law to 7:30 P.M., on July 11,
1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
The Town Attorney then noted that section 4, item 4 was being
modified to apply to seven or more children, item 16 comes out all^ together and item 17 should come out all together.
I Councilwoman Leary asked if multiple dwelling was anything beyond
single family?
Supervisor Desch replied, multiple family would be require to have
retrofit.
Councilwoman Leary asked if that would be a duplex and anything
else?
Town Attorney Barney replied, that would be anything more than a
duplex, three or more.
WATER ACCOUNT REFUNDS
RESQLUTKaJ NO. 174
Motion by Councilman Cardman; seconded by Councilwoman
Raffensperger,
WHEREAS, a meter reading error was made by the customer on the Jme
1987 meter reading and continued to be made incorrectly since that
date.
n NCW THEREFORE BE IT RESOLVED, that the TOwn Board of the Town of
Ithaca hereby authorize a refund of $125.42 for water and $12.55
for water surcharge, total refund of $137.97 be made to Elwood
Wagner, 1106 East Shore Drive, Ithaca, New York. Account number
T-1326.
Town Board Minutes 46 June 13, 1988
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
RESOUUTION NO. 175
Motion by Councilwcman Raffensperger; seconded by COimcilroan
Cardman,
WHEREAS, the customer living at 242 Coddington Road has been
reading the gas meter instead of the water meter for over a year,
NCW THEREFORE BE IT RESOLVED, that the TOwn Board of the TOwn of
Ithaca hereby authorize a refund of $162.57 for water, $16.26 for
water surcharge, $150.18 for sewer and $11.28 for sewer siircharge,
total refund of $340.39 be made to Richard Sullivan, 253 Applegate
Road, Ithaca, New York. Account number F-449.
(Desch, McPeak, Raffensperger, Bartholf, Leaiy, Bordoni and Cardman
voting Aye. Nays - none).
RESOLUTION NO. 176
Motion by Councilman McPeak; seconded by Councilman Bartholf,
WEIEREAS, Mrs. Sprole paid her December 1987 water bill late and,
therefore, it appeared on her March billing and she then paid it
again,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $120.24 for water, $12.02 for
water surcharge, $79.39 for sewer and $8.42 for sewer surcharge,
total refund of $220.07 be made to Zetta Sprole, 1031 Hanshaw Road,
Ithaca, New York. Account number T-1341.
(Desch, McPeak, Raffensperger, Bartholf, leary, Bordoni and Cardman
voting Aye. Nays - none).
RESOLUnON NO. 177
Motion by Councilman Bordoni; seconded by Councilman Cardman,
WHEREAS, Mr. Cogger paid his December 1987 water bill late and,
therefore, it appeared on his March billing and he then paid it
again,
NCW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $134.06 for water, $13.40 for
water surcharge, $88.07 for sewer and $9.38 for sewer surcharge,
total refund of $244.91 be made to Richard Cogger, 14 Dove Drive,
Ithaca, New York. Account number S-3646.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
RESOLUTICN ND. 178
Motion by Councilman Cardman; seconded by Councilman Bartholf,
WHEREAS, an actual reading was received in April of 1988 and after
examination, it was discovered that there had been a reading error
in June of 1986 at The Salvation Army property located at 112
Maplewood Avenue,
r
Town Board Minutes 47 June 13, 1988
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $141.99 for water, $24.14 for
water surcharge and $16.62 for penalty, total refund of $182.75 be
iiade to The Salvation Arrry, 115 North Albany Street, Ithaca, New
York, Account number V-3392.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
SPEED LIMIT REDUCTION ON WEST HAVEN ROAD
Supervisor Desch noted a petition received fron the residents of
West Haven Road for a reduction of the speed limit. He went on to
say that the Town would be applying to the State through the County
for the reduction. He did not think anybody would argue with the
fact that there was a need as it was a residential street. He went
on to say that the problon was that there was a fair amount of op^
land and that made it difficult for the numbers and the study to
cone out so that DOT would see fit to reduce it but it's vrorth a
try.
I^OLUTICN NO. 179
Motion by Councilman Bartholf; seconded by Councilman Cardman,
WHEI^IAS, the residents of West Haven Road have presented to the
Town of Ithaca a petition containing fifty-four signatures of area
residents requesting a reduction of the speed limit on West Haven
Road from 55 MPH to 40MPH,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby request that New York State DOT review the request
and reduce the speed on West Haven Road to 40 MPH.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni, and
Cardman voting Aye. Nays - none) .
TCWN OF ITHACA WARRANTS
Town Engineer Flumerfelt stated that he had three requests for
payments fron contractors vhich came in late. Vacri Construction
including Phase I of the 1987 Water and Sewer Irtprovements have a
request in for $215,492.78, it's their fourth payn^nt request. F.
Rizzo Construction, doing the work on Taughannock Boulevard, has a
request in for $129,158.70, this is their third payment request.
Also, Hill Construction who is doing the hospital access road has a
request in for $2,422,00 which will bring them up to their full
contract amount less extras v^iich they will be requesting. They
are finished with their work and the County plans on starting
paving the later part of this week.
I
Councilman Bartholf asked if the work Hill Construction Conpany had
done was satisfactory?
Supervisor Desch replied satisfactory but there is a problem with
extra claims that we have yet to deal with. That will be coming up
later.
Town Engineer Flumerfelt stated that there were some unforeseen wet
soil conditions there that required some extra gravel, etc.
RESOLOTION NO. 180
1
n
Tcfwn Board Minutes 48 June 13, 1988
Motion by Councilworoan Paffensperger; seconded by Councilman
McPeak,
RESOLVED, that the Town Board of the Town of Ithaca herd^y approves
the Town of Ithaca Warrants dated June 13, 1988, in the following
amounts:
General Fund - Town Wide $ 64,751.68
General Fund - Outside Village $ 56,120.32
Highway Fund $192,283.05
Water and Sewer Fund $ 85,414.91
Capital Projects Fund $460,146.00
Lifting District Fund $ 451.50
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
BOLTON POINT WARRANTS
RESonyric^j no. 181
Motion by Supervisor Desch; seconded by Councilman Cardman,
RESOLVED, that the Bolton Point Warrants dated June 13, 1988, in
the Operating Account are hereby approved in the amount of
$119,833.41 after review and ipon the reccmmendation of the
Southern Cayuga Lake Intemunicipal Water Ccnmission, they are in
order for payment.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
Sijpervisor Desch asked if there any staff reports that anyone
wished to ccnment on.
DOVE DRIVE
Town Engineer Robert Flumerfelt stated the Dove Drive, Hungerford
Heights drainage problem has hung on for quite a T^ile and that he
had had recent discussions with Cornell officials and with Ralph
Vam all together. He noted that Mr. Vam appears willing to
cooperate in seme kind of a solution but we can't seem to reach a
satisfactory solution as to v^ere the drainage should ultimately be
carried and who should give xjp T^t land to do it and how it should
be accomplished. Perhaps a small committee could give us some
guidance.
Supervisor Desch remarked, this is the one that we deferred last
month. He went on to say that he would like to suggest a committee
of Councilman Cardman and Councilwanan Raffensperger wcrk with the
Town Engineer to see a reasonable compromise might be to
proceed with that.
EXECUTIVE SESSION
RESCgJJnON NO. 182
Motion by Sxpervisor Desch; seconded by Councilwomian Raffensperger,
RESOLVED, that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss an item that has been brought to
Tdwn Board Minutes 49 June 13, 1988
the Board having to do probably in the category of personnel and
02:ganization.
(Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman
voting Aye. Nays - none).
n Town Clerk
n
The Ithaca Journal
of ^ork, tZFoo^kmo Ccnmtg,
being duly sworn, deposes
and says, that he resides in Ithaca, County and state aforesaid and
that he is
of The Ithaca Joubnal a public newspaper printed and published
in Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper
and tibat die first publication of said notice was on the I.
day of
.@1 -r—
Subscribed ^d sworn to before me, this day
< of
Notary Public.
JEAN FORD
Notary Pub!ic> State of New York
No. 4654410
Qualified in Tompkins County
Commission expires May 31, 19... /
:v TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
PLEASE TAI« notice;-that Ihe^
Town Board ^blj-.the Tdwh . of ,
Ithaca will niieet arid conduct.i
a public hedf{tig"6h' Juhe ,13,
1988 of 6:30 P.M.r dtThe /yoy- I
er Schoor,..l251.Trumansburg
Rodd, Ithdca, New. Ydrk,*;ito
consider i^fhe 'adoption.'of, ,d
Sprinkler;. Ordinance, in, jthe
n Town of 'llhacd diid.to hear oil
persons jn; favof,of dir opposed
to the. adoption of sop ordi
nance:
_ S= 'Jean H. Swartwdod
• n . n ' Town Clerk.
June' 1>:;1988,^^x^y;%
f
t \
The Ithaca Journal
^tate of ^ork, ^on^kins Cmmig, so.:
being duly swom, deposes
and says, that he resides in Ithaca, County and state aforesaid and
that he is
of The Ithaca JoxniNAL a public newspaper printed and published
in Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper
and that the first publication ofs^d notice was on the L
day of
Subscribed and sworn to before me, tiiis day
.z?
JEAN FORD notary Vuhlic.
Notary Public, State ot New York
No. 4654410
Qualified in Tompkins County^py
Commission expires May 31,19... /
'? TOWN OF ITHACA
notice, of 'ADJOURNED PUI^'
Lie HEARING • :
PLEASE TAKE NOTICE, that iKe
Town. B.parcl of the Town of
Ithaca will nneet and conduct
on .adjpurned public hearing j
on June 13, 1988 at 7:00 P.M.,-;
at The AAayer School, 1251 ,Tru-
mansburg Road, Ithaca, Nevy
York, to consider* a local lowSrezoning a 15.86 dcreportion";
of Town of Ithaca Tax Parcel
IMO located ;at'1290 Trumansburg 'Rood;^
^.86, .owes total, from ResI-"
nf fo Business!District,, .8 _, for.the pfopbsed^udevelopment of p'nelgWf::'^
"®od- commercial service ceh^ter,^and .^rther.-'with 'rei$6ect a
to the. proposed.rezoning of dlt
12 acre, portion of .'said vTox j
Porcel from Residence Dlslrlct!
n-I®j; Multiple Residence.District, Oo Hyon and Song Jo
Kyong, Owners, and.wilTjqt
this time hear all persons'in
favor of or opposed to the"
adoption of said local low. ''T'n
, Jean H. Swartwobd V
I 1 • Town Clerk 'June 1, 1988 ,
The Ithaca Journal
^talf of ^tfxj ^atkf ^ompkmo (Ecnmig, 00.:
<iuly swom, deposes
and says, that he resides in Ithaca, County and state aforesaid and
' "^1
that he is
of The Iihaca JoxniNAL a public newspaper printed and published
in Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper ..
and diat the first publicationjof. said notice was on the
day of
/
a
wXt.
^ ^ ^ ■?■ ■'fry.'^Trrrr..
Subscribed ^d sworn to before me, this dayol 19......^^
JEAN FORD Notary Fuhiic.
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County,5;^^1, 19..?>7Commission expires May 31,
: V ;^;iT0WN 0Fi IIHACANOTICE OF.PUBUC HEARING ^PLEASE TAKE NOTICE,-that ^heTown^Boord , of the •Town''of
Ithaca will meet and conduct'^
a public hearing on'June 13/1988 at 8:00 P.M.J at The Mayj-ers SchoaI^^1251 TrumdnsburgRoad, Ithaca, 1 New; York," foconsider oti amendment, tb;LcH;,col Ldw'No^3 -;1987, 'qhd.wi,ll,^at thjs tirne hear all.^fsohsjn',^favor,.of pfvopposed to; the'adoption bf.sdia local law!;,-'. . V''JJedh H. Svvd'rtwodd
:-^^;Tpwn ClerkJune^V,^!^