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HomeMy WebLinkAboutTB Minutes 1988-01-11TOWN OF ITHACA REGULAR BOARD MEETING January 11, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Tcnpkins County, New York, held at the Town Offices at 126 East Seneca Street, Ithaca, New York, on the 11th day of January, 1988, there were: PRESENT:Noel Desch, Supervisor Henry McPeak, Councilman Shirley Raffensperger, Councilwcman Robert Bartholf, Councilman Patricia Leary, Councilvonan Raymond Bordoni, Councilman Thoias Cardman, Councilman ALSO PRESENT!Eric Whitney, Assistant Engineer John Barney, Town Attorney Susan Beeners, Town Planner Beverly Livesay, Board of Representatives Ruth Mahr, 103 Judd Falls Road Janice Esman, 903 Triphammer Road Richard B. Fischer, 135 Pine Tree Road Song Kyong, 1290 Trumansburg Road Paula F. Vfeiss, Roberl: Leathers Architect Don Ellis, Robert Leathers Architect Robert Leathers, Robert Leathers Architect Andrew Sciarabba, Chamber of Cotitierce Doria Higgins, 2 Hillcrest Drive Betsy Darlington, 204 Fairmount Avenue Jane Pedersen, 206 Elrtiwood Avenue Ken Jupiter, 202} E. Tcmpkins Street Robert Congdon, 118 Troy Road Barbara Congdon, 118 Troy Road Dorothy Evans, R.D,# 3, Ithaca Clair Tallman, 106 Brook Lane Representatives of the Media: Tom Maskulinski, WTKO/WQNY News Jim Aroune, WHCU Fred Yahn, Ithaca Journal PLEDGE OF ALLEGIAtO; The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TCWN OFFICIALS Town Supervisor's Report Supervisor Desch remarked that he would like to welccme our new Town Board members. Ton Cardman and Ray Bordoni. He went on to say that he was confident that Tom and Ray would serve the people of the Town well and he was looking forward to the opportunity to work Town Board 2 January 11, 1988 with them on the many challenges ahead. He stated that he felt they would find it an enjoyable and rewarding experience. Insiirance Supervisor Desch reported that we have no official quotes yet on the "tail" but the signals are not good. We are being told that the tail will cost 100-125% of our last years premiinn which would basically mean $126,000 for primarily four months coverage. This is pretty outrageous and pending further review my recommendation would be that we not take it. Fire Commissioners Supervisor Desch noted that our new Fire Conmiissioners have been seated and will attend their first meeting tomoinrow evening. The Design Camiittee is also meeting tomorrow to discuss the possibility of a prefab building of the original program size constructable within the $900,000 project cost per station. Youth Services The Supervisor reported that we do not yet have a date for the meeting to discuss future directions. However, he had distributed the data provided by the City to Town Board members. Some of the program costs per participant exceed $1,000 as structured by the City so a hard look will be needed at the wisdom of continuing those programs. 1988 Tax Bills Supervisor Desch stated that he had been spending quite a bit of time explaining to a number of taxpayers the reasons for the hugh increase in their tax bill. So far all have been satisfied with the answers although no more happy with having to pay the average $200 increase. We have written to our legislators to get the special approval to use sales taxes for fire protection purposes. This will help us considerable to keep sources of revenues clearly stated and allocations more clear. Looking ahead to 1989, our early planning on siabdivision review fees and environmental fees will also help to relieve the tax burden for the services we provide. So in 1989, a significant Town tax rate decrease should be feasible even recognizing the other press\ares we will face. Meeting Dates Supevisor Desch remarked that the Board neets to amend the schedule of meeting recently adopted with regard to the December 30, 1988 meeting vMch should read 10:30 A.M., rather than 5:30 P.M. RESOLUTION NO. 1 Motion by Supervisor Desch; seconded by Comcilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby amends the 1988 schedule of meetings and sets the time for the the December 30, 1988 to begin at 10:30 A.M., instead of 5:30 P.M. as adopted in the schedule. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni, and Cardman voting Aye. Nays - none). Councilwcman Raffensperger stated that she had a question about the inquiries about the tax increases. She stated that she had a tel^hone call and understood that seme of those inquiries were referred, without any other explanation, directly to the Coimty. The County was not too pleased, they thought the Town should have had someone prepared to make explanations. Do we have someone in the Town Hall is prepared to answer questions? Town Board 3 January 11/ 1988 Supervisor Desch replied, the way we have set it up is two ways. If a person cones in with an inquiry we provide the tax notice sheet that you all have a copy of, and then if they have questions beyond that the staff are instructed to have the person call me. If sonebody calls in, except the first day January 4th, when they were instructed to call the Coionty, since they have been instructed to have the people call me. If there is a question beyond that I have suggested they to call their County Representative, as far as the County budget is concerned. Councilwoman Raffensperger asked, but we are not longer just referring them to the County? Supervisor Desch replied, not as the first referral. Town Engineer's Repori: Eric Whitney, Assistant Engineer reported that there was no written report, however, the water and sewer project was going along fine with blasting being conducted north of Orchard Hill Road. The Hospital Access Road is pretty much on schedule, 65 to 70% coiplete. PHASE II WATER AND SEWER IMPROVEMENT PROJECT Mr. Whitney reported that F. Rizzo Construction was the low bidder with a bid of $764,674 about two hundred thousand dollars less than the average and two hundred thousand dollars less than the next lowest bidder also. They were very happy to be the low bidder out of ten bidders. Councilman McPeak asked if Rizzo Construction had ever done any work for the Town before? Supervisor Desch replied that he did not believe so. Comcilman Cardman asked v^y was Rizzo's bid so much lower than anyone elses? What is the reason for the bid difference? Mr. Whitney replied that all their material prices seem to be on par. He felt everyone else was afraid of Taughannock Boulevard v^ere they are going to have to move the guard rails and lay the water and sewer lines right on top of each other. With about two foot wide shoulders in places, with steep drop off. Councilman Cardman remarked, then its reasonable to think they can do the job for that. Eric Whitney replied. Bob Flumerfelt the Town Engineer feels they can do the job for this figure and I feel so also. Supervisor Desch remarked, there is no question in your mind that it is not a ccirplete bid, all the items are included and all the work is included? Eric Whitney replied, yes. RESOLUTION NO. 2 Motion by Councilman Cardman; seconded by Councilman Bartholf, WHEREAS, ten bids were received January 7, 1988, for Phase II Construction of Water and Sanitary Mains - 1987 Iiiprovements, ranging in base bid amount from $764,674 to $1,917,170, and Town Board 4 January 11, 1988 WHEREAS, the low bidder, F. Rizzo Construction, Inc., of Oswego, New York has met all of the requirements and formalities required for sufcinission of his bid, and appears to be a reputable contractor, NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca that the Town Supervisor be authorized to award the contract for Phase II Construction of Water and Sanitary Sewer Mains - 1987 Improvements, to F. Rizzo Construction Inc., in the base amoimt of $764,674, subject to the approval of the Town Attorney of the bonds I and contract forms. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni, and Cardman voting Aye. Nays - none) . Councilman Bordoni questioned labor rates, asking if the low bid indicates a company that has a non-union work force or can't you tell this? Eric Whitney replied that he did not think that was it. He felt most people felt they would have to remove all of the guard rails totally and since there are thirty seme odd culverts and minor stream crossing there, he felt they were counting on doing substantial sheet pilings to keep the bank stable. Somebody with some sort of offset boom will have to do this and most of the contractors did not have this equipment. Building Inspector/Zoning Officers Report Building Inspector/Zoning Officer Andrew Frost reported that building permits and certificates of compliance were up. Building and zoning activities include life safety issues and that he does get involved with these issues vdiich are the result of fires v^ere we have a potentially unsafe building. If we have a fire and the building is potentially unsafe, the first priority of the day is to make sxore the building the building will not create a hazzard to anybody. Life safety issues do become a top priority. Mr. Frost reported that individual complaints total 47 for 1987, the "hot" issues v^en we get complaints are noise, garbage and abandoned cars. Seven sign permits were issued in 1987. We had 49 individual appeals to the Zoning Board of Appeals with 12 cases adjourned or a total of 61. 844 field visits in 1987, 622 Uniform Code inspections, 192 zoning ordinance inspections, 22 fire safety inspections and 8 fire occurances in 1987. Mr. Frost went on to say that one of the goals for 1988 was to try to encourage Town residents to voice zoning ccmplaints and related issues to the Building Inspector so that action can be initiated. A few Board members have received complaints and obviously we can't take action for the Town unless people complain directly to us or unless vdien people complain to you you notify us here so that can initiate action. If there are problems out there, short of being a policoman and going around in the middle of the night looking for problemis, we are not going to know unless residents in the Town complain to us. Supervisor Desch remarked, we can put somnething in the Newsletter. i The Building Inspector/Zoning Officer went on to say that he wanted to develop more complete records. Right now if you issue a building permit, there may be building permits from previous years in another folder, a zoning or planning issue or complaints and that ideally all the information should be in one folder so that vhen you pull a folder on a certain tax parcel everything you might Town Board 5 January 11, 1988 want to know about that parcel is right there in the folder. We need more help, however, to acccnplish this. Supervisor Desch asked about the Summerhill fire. Mr. Frost replied, Summerhill Apartments had a fire at 3:00 A.M., this rooming. They were inspected several months ago by roe. They had sane problems with the installation of wood stoves which are in every single apartment. There was a modification by the installer in how he put two pieces of stove pipe together in the section between the first floor ceiling and the second floor floor. The crimping of the sheet metal which joins the pipe is not tight which permitted hot gases to escape v^ch eventually ignited wood in the interior portion of the wall viiich spread the fire. There was a fire wall \(^ich minimized the spread of the fire. The fire investigator informed me about the inproper installation. I have let the property manager know that a notice is to be issued to tell people they cannot use their wood stoves until corrections are made. Town Planner's Report Town Planner Susan Beeners stated that the Board has a copy of her report. A lot of research that has not come in final form to the Boards is gradually making its way to the Boards. That dealing with different amendments to the Zoning Ordinance, Subdivision Regulation and SEQR regulations. Research into the actual zoning boundaries by tax parcels, that should be ready in a couple of months. The corputer system, a much needed feature, is now on board and that she was using it for word processing and hoped to get into the specialities as soon as we acquire such items as the County Assessment Rolls data base which the County has said can be downloaded so we can use it. Ms. Beeners went on to say that her main objective in 1988 is to hire and train an assistant planner to be a basic right hand person as well as to concentrate on some of the priority areas, up dating maps viiich can be official maps, completing a draft comprehensive plan statement \^ch is becoming formalized now so that that can be reviewed this Spring. That person would be a big help with the Census review that will be beginning with the January *88 meeting and running on for two years. Also, as Mr. Frost expressed, having a real consolidated type of information and records system so that we can follow these projects through from beginning to end. Ms. Beeners went on to note 43 applications vMch were formally considered and at v^ch some action was made. Among then 4 new business or light industrial uses, 2 business expansions, 3 new schools. Total number of dwelling units v^ich received final approval was 300 of these conventional lots 37 received final approval, 90 units clustered received final approval, 209 multiple residences received final approval, the 120 units at Butterfield inflates that quite a bit and we have not seen any action but she expected a revision to Butterfield, or old Majestic Heights, to come in again. Also, 10 mobile homes. >ii^ COUNTY BOARD OF REPRESENTATIVES County Board Representative Beverly Livesay remarked that she would like to talk, a little bit, about solid waste and update the Board. She went on to say that tiie Board knows, from reading the paper, that we did select a site in Dryden. We are now embarking on the phase of determining that we do in fact, have a licenseable site there. Since we may or may not have by the time all of the studies Town Board 6 January 11, 1988 that we imist do are conpleted we are also going to renew the search for additional sites. We did not feel that with the three sites we had that we had a site and two backup sites. We felt we barely had a site. There was seme disagreement about that. The thing that is going to inpact on the whole County is that before we are through with all this and have a site we are very likely of being in the situation of transporting out of the ccmntunity. This will have iirplications for all of us. What the County has provided is a site to take it to. The County has not provided a way to get it there. This will be up for a great deal of discussion. We will be examining vdiether there will be savings to be made. We are going ahead with the transfer stations and bailing and etc., and whether we can even have that together before the State makes us get out of Landstron is questionable. It is our intention to go ahead with recycling as fast as we can and that should held reduce scsne of the tonage that has to be hauled seme place. The East side of the Town of Ithaca is one of the areas identified, along with the Village of Cayuga Heights, for pilot studies so we will all need to work together on that both from the standpoint of how it is going to work and with public education, etc. We would expect to be into that before the end of the year and possibly as soon as next summer. Supervisor Desch remarked, the transportation of solid waste between now and vhen the new landfill is ready is going to be very expensive. Mrs. Livesay responded, if we need to transport it out of the County which looks very likely. Supervisor Desch asked vtot role will the Comty likely have in the pilot program for recycling? Mrs. Livesay responded, this is all part of v^at has to be researched. The Countys interest is of course in reducing the volume that must be landfilled. There was seme discussion about vhether the resolution or local law that was passed vhen the County took over the landfill operations, vhether that gave the County the statutory authority that's required. That is being researched. The County's desire is to not step into an area that the Towns would have responsibility for, it's merely to be of assistance to get rid of the stuff. At least at every meeting vdiere we have discussed that there hasn't been a concern about we must have a certain volume of recycling in order to make it cost effective, therefore, we will take first rights to this. What everybodys concerns are ought to be brought forward and we ought to discuss them. Supervisor Desch remarked, it the enforcement question that administratively vho ever does it, in the more rural areas how do you acccaiplish this. Mrs. Livesay responded, that's assuming mandatory recycling. The direction v^ch our consultant is taking us is not in the direction of mandatory recycling. Her feeling is that you make recycling such an attractive option that people do it. Supervisor Desch responded, does that mean you have to find the mm markets for the material, at the County level? I Mrs. Livesay responded, we are assimdng that we will take that responsibility. We have a consultant working with our solid waste engineers v^o has considerable experience and she has been identifying markets and etc. Certainly since volimie is an issue it is better to do it all together. Town Board 7 Janiiary 11, 1988 1987 BUDGET TRANSFERS RESOLUTION NO. 3 Motion by Coiancilitian McPeak; seconded by Councilvonan Raff ensperger, RESOLVED, that the Town Board of the Tbwn of Ithaca hereby authorize the following 1987 year end transfers: GENERAL FUND - TOWNWIDE Transfers to: A1430.100 Personnel - Personal Services $ 281.25 A1620.100 Buildings - Personal Services 37.84 TOTAL $ 319.09 Transfer frcm: A5132.200 Highway Garage - Equipment $ 319.09 GENERAL FUND - PARTTOWN Transfer to: B8010.100 Zoning - Personal Services $ 241.50 B8010.400 Zoning - Contractual 81.39 B8020.400 Planning - Contractual 3,442.06 TOTAL $ 3,764.95 Transfer from: B5630.430 Bus Operations - N.E.T. $ 3,764.95 HIGHWAY FUND Transfer to: DB5130.460 Machinery - Vehicle Maintenance $ 100.00 TOTAL $ 100.00 Transfer frcm: DB5130.200 Machinery - Equipment $ 100.00 WATER FUND Transfer to: F8350.473 Common Water Supply - WH/FH $11,736.28 TOTAL $11,736.28 Transfer frcm: F8340.481 Trans. & Distri. - Tank Maint. $11,736.28 (Desch, McPeak, Raff ensperger, Bartholf, Leary, Bordoni, and Cardman voting Aye. Nays - none). PLANNING/ENGINEERING STUDENT ASSISTANT RESOLUTION NO. 4 Motion by Councilman Bordoni; seconded by Councilman Bartholf, WHEREAS, the Town Planner and the Town Engineer have recommended that the part-time temporary employment of Paul Look as a Planning/Engineering student assistant for ccmputer programming, mapping, and general engineering/planning office and field work be continued during the Spring of 1988, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ihaca approve and hereby does approve the hiring of Paul Look Town Board 8 January 11, 1988 between January 12 and May 31, 1988 as Planning/Engineering Student Assistant for a maximum of 19 weeks, 15 hours per week at a rate of $6.00 per hour, for a total of $1,710 to be paid from Planning Personal Services Account No. B8020.100. (Desch, McPeak, Raffensperger, Bairtholf, Leary, Bordoni and Cardman voting Aye. Nays - none). PROPOSAL FOR THE REZONING OF CERTAIN LANDS ON TRUMANSBURG ROAD FROM R-30/R--15 TO SPECIAL LAND USE DISTRICT Bob Leathers introduced himself as an architect, vdio then introduced Paula Weiss and Don Ellis vdio will describe the project with slides and plans. Mr. Leathers then introduced Song Kyong v^o introduced the project. Song Kyong remarked that she was the owner of the land on Route 96 across from the hospital. She stated that her husband had an office on that property and they felt something was needed on West Hill and they felt that the property should be developed to serve the needs of West Hill. We have studied the plans a lot and have discussed the plans a lot and we came up with this plan and we hope you will consider it. Mr. Leathers remarked that actually two years ago he took a look at this property vhen the Kyong's purchased it and wanted to renovate the house that was there, a nice little Greek revival house vdiich Dr. Kyong now has his office in. At that time we talked just a little bit about vtet might happen up there. It's a beautiful area, very rural area. It's one of the things that's so nice about living in Ithaca. You can have a nice rural area that is close into town. We feel as architects that it should stay rural. We feel as architects that in fact it should keep that same flavor. There is a slight problem with that and that problen is that it is also in an area that is going to see a lot of growth in the future. Certainly vdien we straighten out the octopus and we get better access to West Hill, I think we are going to see a lot more development up in that area. But even right now, it is an area vdiich we see growing a lot. We feel strongly though that that growth should utilize the land effectively but should utilize in a way that is still going to maintain that unique quality, that's going to keep that rural flavor. What we are doing then, is developing a plan that in fact can put that land to its best use vdiile at the same time can keep that ve3:y special quality. We aren't going to be able to show you exactly vtot it is going to look like because obviously its very very much in the preliminary stages. We would like to show you sane slides of seme other areas that in fact have been done and the kind of flavor we are talking about and how it was achieved. Then Don Ellis will describe the plan showing you in fact how we feel those same kinds of determinates, those same kind of directions can be used in this pairticular site and how they can be put to work to make this a very nice place to live and to work. After showing slides, Mr. Ellis remarked that we have to do the environmental assessment form v^ch will be submitted in a couple of days and we hope to be back to the Town Board in May to make the mm final presentation to this Board following Planning Board review. Mr. Leathers remarked to actually take that one step further, we are looking at possible constmction as early as next Fall, that would be the soonest he believed. Mr. Leathers went on to say that it might be so that we could have it completed iyy the Spring of 1989. We would finish the interior during the winter. Town Board 9 January 11/ 1988 Supervisor Desch asked if that v?as the initial phase? Mr. Leathers responded that the first phase might include seme of the initial part of the retail, the deli that was mentioned in the first section. Councilwcanan Leary noted Mr. Leathers had mentioned health as the theme, are you thinking of this as a retirement cOTimunity? Mr. Leathers replied, we are very attuned to that, we are exploring the possibility that we take special measures with the single family or the multiple or both, to make it appealing to that part of the housing market. There does seen to be quite a demand. The location may be expecially good in that regard too as there are services for retired and elderly people in this area already and may be we should extend that idea. We have not settled firmly on that yet but it certainly is a possibility. Councilman McPeak asked, vdiat kind of price range are you talking about? Mr. Leathers replied, for the single family? You are way ahead of me with that question. We have not worked that far. He stated that he would be amazed if they could do a house for less than $80,000. It's not toward the upper end, we are talking about seme toward the lower end and that is one of the reasons for the cluster houses vMch are geared toward that. Certainly by May we will have more details as to vtot they will actually cost. Councilwcman Raffensperger questioned, sixty units of multiple, am I right? Mr. Leathers replied, yes. Councilwcman Raffensperger asked, how many single families? Mr. Leathers replied, we have a couple of plans that are sketched more carefully and the laigest niJitiber that we have shown is 54, we don't really mean to present that as vtot we are doing we are exploring that. Councilwcman Raffensperger remarked, you don't have a square footage for vdiat you call the retail? Mr. Leathers replied, no. Coucnilwcman Raffensperger asked, v^at about the acreage then? Mr. Leathers replied, the acreage for the retail is 16 acres all together, that includes the existing house, the v^ole front piece. Supervisor Desch remarked, about one-third. Mr. Leathers replied about one-third, right. We would like to leave quite a bit of space there, we are proposing tennis courts in there. The general concept of the buildings is v^t you saw in the slides \^ere a shopper may go from one building to another across a little court yard. Councilwcman Raffensperger asked, there is no park allocation in that? Mr. Leathers replied, there will be. We are still struggling with just i^ere it should go. As an example, if there are two or three tennis coTirts, one or two of them would be allocated as scmething that can be used by the public as a possibility or at least the Town Board 10 January 11, 1988 space v^ere they are constructed can be allocated so that we can have a recreational thing developed by the Town participating in sane way and the developer providing the land. We know that tiiere is interest in a soccer field, the reason he was shewing this is that \dien the Route 96 plan goes through we might otherwise end up with one of those places v^ere Burger King wrappers end up and it seemed like we should do something positive to prevent that from happening. This typically happens vdien the State abandons a piece of road. Councilwcman Raffensperger remarked, you are asking for this as a Special Land Use District, v^iy didn't you come to us asking to have it rezoned cluster, multiple family, single family and particularly vdiy not a business category? Mr. Leathers replied, the Special Use District is one that is uniquely designed, we felt, that it could combine several types uses on one piece of land and done as a package. We feel that this approach is particularly appropriate here and does apply in this case vdiere we have this close proximity between these three different types of uses. It happens to be a transition zone too that goes from residential on the uj^r side to vtet has become more of a retail on the lower side towards 96. We felt it was particularly appropriate, unless you tell us otherwise. Mr. Ellis remarked, if we have it rezoned the implication is subdivision and we have only minimal subdivision intention here. The single family portion will most logically simply be subdivided and sold for single family housing. All of the rest of it might very well be held within one ownership. It really doesn't matter v^ch way we go there but somehow the logic seems a little strong toward the Special Use District. Councilwcman Raffensperger replied, the business uses are your Phase I. Mr. Ellis responded. Phase I is two of the multiple family units and renovation of the bam and construction of three other buildings. That is vtot we see as Phase I. Supervisor Desch remarked that the first step would be to refer this to the Planning Board for their review, however, as you know and as reference has been made, the Route 96 issue presents a dilemma to us and there are a number of questions. One question would be, would this Board ultimately consider rezoning this parcel if the City of Ithaca Common Council turns down the new highway. This is a real, unfortunate, possibility. On the other hand, it's inappropriate to perhaps defer action on proposals that this Board decides have merit. But there is common ground perhaps some \^ere in between and that is where major rezoning efforts are involved should the developers be required to not only consider an open space set aside but a set aside of some kind of return to the taxpayers of the Town in the way of support of the construction of a road that the Town of Ithaca would have to build in lieu of Route 96, because obviously there is going to be substantial traffic generated v^ether its this project as a commercial project or the other attractive areas that are near by. He felt this was a rather large question v^ch in his mind makes it some\tot inappropriate to, certainly this quickly, decide to refer it to the Planning Board. He stated that he would like to see the Staff come back and consider vtot might be appropriate in the way of conditions for the rezoning to be a reasonable thing for this Board to do. The other reason for suggesting that is that there are, as Tom Niederkom put in his report on Route 96, about a dozen large parcels right in this immediate area. As you know there is the Babcock parcel, Cornell has a large parcel, the Berggren parcel, the Odd Fellows Town Board 11 January 11, 1988 parcel. We, as well as the potential developers have seme veiry significant concerns to deal with. Clearly, he stated that he did not think, at least from his own standpoint, that we would want the taxpayers of the Town to, some five or six years down the road, be burdened with a very sxjbstantial cost of building a road within the Town of Ithaca as an alternative and probably the only alternative that would be available should the State plan be turned down. He suggested that the Board table action perhaps until the February rneeting on the referral to the Planning Board. Councilwcman Raffensperger questioned, waiting for? Supeirvisor Desch replied, waiting for a recommendation from staff on the conditions that might be appropriate to the rezoning considerations in this area. Councilman Bordoni questioned, hinging around and involving the possible relocation of 96? Supervisor Desch replied, it seems fortunate that probably the action on Route 96 for better or for worse is going to happen for all practical purposes, this year. During the period of time that that deliberation is taking place, vhen it ccmes to rezoning considerations, the Town needs to keeps both possibilities in mind as a real world situation. What happens in terms of land use and the large parcels on West Hill in the event the highway is turned down. Clearly there has to be another highway on West Hill v^ether the City approves the State plan or not. That being the case, vho is going to build it? Clearly non-local funds will no longer be available, the taxpayers in the Town of Ithaca throughout should not be burdened with the construction costs of that highway. You are talking about a million dollars or more probably. It's a regional solution that is needed, it's not just a Town of Ithaca solution. The timing is such that we need to have the answer to that before action is taken on a land use, particularly v^ere rezonings are involved. If you are talking about R-15 or R-30 it beccmes defused perhaps to greater degree so that the traffic generated is much lower and is not as major of a concern. Mr. Leathers remarked, with the development we are quite conscientious of the problems on West Hill we felt with the sense of development that we in fact are building, with the residential use in conformance with the zoning, essentially as to the density that would be allowed within the zone, so we aren't really adding to that area up there beyond vdiat zoning already recognizes as good growth. We felt that the commercial, v^le it is going to be destination ccaiimercial, your destination isn't going to come from Cayuga Heights or over on South Hill it's going to be from West Hill. Who we are serving with that commercial? It is going to be the neighborhood, it's a neighborhood shopping area. So we didn't feel we would be adding to the regional traffic situation. Supervisor Desch replied, that he felt probably v^at Mr. Leathers should do, and he asked the Board members to tell him if this was right or wrong, you are working on your environmental assessment and this will tell us the overall scale of the different parts of the project, so we will have ideas as to traffic, etc. There is also the problem of the upper half of the project does not have water pressure so there is going to be a need for seme storage of seme kind in that area. So that is another item that he felt that the Board would expect the developers to contribute to. Mr. Leathers remarked that if it was possible, vdiat we would like to do, knowing that this v^ole project takes a long time, we would like to proceed with getting the environmental assessment together Tcfwn Board 12 January 11, 1988 and getting it in so we could continue the process right along. If we could have approval to do that it wDuld move the \diole process right along. Supervisor Desch replied, that you have every right to do. Councilwcman Raffensperger remarked, we are then going to have seme kind of a report from the Planning staff because some of the clearlys are not that clear to me. Supervisor Desch replied no, that's vdiy I said we need to know v^t the substitute road would be, v^ere it will be, roughly vtot it will cost, the time frame in relation to the developnent time frame, etc. PUBLIC HEARING TO CONSIDER A LOCAL LAW REZONING THEN LOTS OF "ITHACA ESTATES" Proof of posting and publication of a notice of a public hearing to consider a local law rezoning ten residential lots of "Ithaca Estates" (Phase I and II), with eight of said lots fronting on East King Road and being portions of Town of Ithaca Tax Parcel Nos. 6-43-1-3.2 and 6-43-1-3.32, and with two of said lots designated as Town of Ithaca Tax Parcel No. 6-43-1-3.31 and 6-43-1-3.33 (134 and 138 East King Road, respectively), from Residence District R-30 to Residence District R-15 having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch asked the Boaid members if they had any questions on the Environmental Review? The Supervisor also asked if there was anyone present v^o wished to ccmment for or against the proposal? There was no public ccmment for or against the rezoning proposal. Councilman Bordoni asked, for the benefit of the new members, the two of us, what is the basic impact or difference between an R-30 and R15? Town Planner Beeners replied, the R-30 as it is currently zoned is a 30,000 square foot lot with an R-15 being a 15,000 square foot lot. Supervisor Desch added, originally when the Town decided to implement zoning the two were set up because there were seme areas of the Town that had water and sewer thus the smaller lots. Where water and sewer was not available and you had to have onsite wells and septic systems both the Health Department and the Town said 30,000 square foot should be the minimum. What happens is, once these areas becomes public sewered and watered, if they haven't been developed, its rather routine to rezone them from R-30 to R-15 because people don't generally want that much area. Covincilwcman Raffensperger remarked, the Planning Board recommended two or three conditions and she did not see them incorporated into our local law. Can you tell me why? Town Attorney Barney replied, we debated this the last time this local law was discussed. There was a question about v^y we were imposing conditions in this particular situation for viiat is generally a routine accepted transition from R-30 to R-15. My understanding from directions from the Board was to omit these. Coiancilwcman Raffensperger stated that her recollection was that there was some discussion that it wasn't even necessary to rezone it because they had really not even requested rezoning. Town Board 13 January 11, 1988 Attorney Barney replied that the viiole thing surfaces because he want to build rectangular shaped houses that if you go with the R-30 side yard dimensions will cause him a problem. The actual size of the lots that he is planning are going to be basically R-30 size lots but they will be R-15 size yard regulations. Councilwcman Raffensperger asked, then it is true though that those conditions set by the Planning Board they are the ones then who will make siare that that happens, the 30,000 square feet, etc., !^, through the Subdivision Regulations? Town Attorney Barney replied, through the site plan approval. I dont' want to mislead you, there is nothing that says that two days after you rezone Mr. Monkemeyer could ccroe back in with a new subdivision plan that has chopped everything up in different sized R-15 lots. Supervisor Desch added, however, he would have to do a new environment assessment. Town Attorney Barney replied, he would have to go through the whole process again but that he did not want to say that it won't happen because you are open to that possibility. Supervisor Desch closed the public hearing. ENVIRONMENTAL ASSESSMENT RESOLUTION NO. 5 Motion by Councilman McPeak; seconded by Councilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance for the rezoning of the ten lots of "Ithaca Estates" frcm R-30 to R-15. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). LOCAL LAW NO. 1 - 1988 Motion by Councilman Bartholf; seconded hy Councilman McPeak, LOCAL LAW NO. 1 - 1988 A LOCAL LAW TO REZCM PORTIONS OF ITHACA ESTATES ON EAST KING ROAD FRCM R-30 TO R-15 The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised effective February 26, 1968, and^ thereafter further amended, be further amended as follows: 1. The area described on Schedule A incorporated into this local law is hereby rezoned from Residence District R-30 to Residence District R-15. Ml 2. The zoning map dated July 1, 1954, as amended to date, is j hereby further amended by rezoning said lands described on Schedule A frcm Residence District R-30 to Residence District R-15. 3. This local law shall take effect upon its filing with the Secretary of State or twenty days after its adoption, vdiichever is later. Town Board 14 January 11, 1988 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tcnpkins County, New York, being more particularly described as follows; COMMENCING in the center line of King Road East vhere the same intersects the westerly line of Military Lot 86 and the easterly line of Military Lot 85 viiich point of beginning is also shown as the intersection of the westerly line of proposed Harvard Lane as shown on a map entitled "Ithaca Estates Subdivision Plant - Phase I - Located on King Road East-Mil. Lot 86, - Town of Ithaca - Tcnqpkins County, New York," dated November 30, 1979 and Jime 30, 1987, by T. G. Miller, P.C., Engineers and Surveyors, Ithaca, New York, relating to Ithaca Estates - Phase I, a copy of vdiich map is filed in the Town of Ithaca in the Town Planner's Office; running thence along the center line of King Road East with an average bearing of south 72 degrees east a distance of 101.4 feet to the southeasterly comer of proposed Harvard Lane; continuing along the center line of King Road East a total distance of 600 feet to the southeasterly comer of Lot 4; continuing thence along the center line of King Road East an additional 14.5 feet to a point; inanning thence north approximately 13 degrees 42 minutes east along an old fence line and substantially parallel to the easterly line of Lot 4 as shown on said map to a point located south 72 degrees east 18.4 feet frcm an iron pipe in the northeasterly comer of Lot 4 as shown on said map; running thence north 72 degrees west a total distance of 638.4 feet along the back lines of an area reserved for drainage on Lots 4, 3, 2 and 1 as shown on said map, to the east line of proposed Harvard Lane; continuing substantially in the same direction across Harvard Lane to intersect the rear line of the six lots shown on a mpa entitled "Final Subdivision Plat for Evan N. Ifonkemeyer - Agent, Herbert N. Monkoneyer - Owner, Town of Ithaca, County of Torpkins, State of New York, P/0 Tax Parcel 43-1-3.2; P/0 Deed, L.453/P.576; P/0 Military Lot No. 85; 'Ithaca Estates - Phase Two'"; dated December 7, 1987, by George Schlecht, P.E., L.S., a copy of vMch is filed with the Town Planner of the Town of Ithaca, being an approxhnate distance of 101.4 feet; running thence no3±h 70 degrees 44 minutes 54 seconds west along the rear line of three lots in said Ithaca Estates- Phase II, a total distance of 458.71 feet; continuing thence in the same general direction a distance of 30 feet to the northeast comer of three additional lots as shown on Ithaca Estates-Phase II; running thence north 63 degrees 47 minutes 30 seconds west 307.27 feet to a point; running thence north 68 degrees 26 minutes 30 seconds west 127.24 feet to the no3rthwest comer of the first of said six lots shown on the Ithaca Estates - Phase II map; running thence south 14 degrees 34 minutes 33 seconds west 251.18 feet to the center line of King Road East; running thence south 68 degrees 26 minutes 30 seconds east 201.46 feet to a point; running thence south 68 degrees 42 minutes 31 seconds east 332.41 feet to a point; running thence south 69 degrees 10 minutes 53 seconds east 106.52 feet to a point; running thence south 71 degrees 23 minutes 2 seconds east 152.58 feet to a point; running thence south 71 degrees 50 minutes 29 seconds east 152.36 feet to the point or place of beginning. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Town Board 15 January 11, 1988 Local Law No. 1 - 1988 was thereupond declared duly adopted. OBJECTIVES AND COMMITTEE ASSIGNMENTS Supervisor Desch noted the Board had a list of objectives vhich we will discuss at the February meeting so you will have time to think about them. He went on to say that for those joining us for the first time, these are certainly under no circumstances all inclusive. We are looking to everybody for ideas on things we should add or substitute, they are really a guide that we look to to remind us that there are certain ccmmitments we have to get done. However, the ccmmittee assignments we obvioxisly need to move forward with and that he would simply like to do that unless there are comments or suggestions from any of the Board members on the selection. He stated that he has tried to reflect here the areas of interest that he has heard people express and he felt he has pretty well distributed that. He stated that he also tried not to overload any one Board member on any more than two ccatimittees. He went on to say that you will notice this year there is no Highway Ccmmittee the reason for that being that obviously soon we will have a new Highway Superintendent vdio he would like to get used to working with the entire Board and depending on how smoothly that goes along, we may not need to have a Highway Ccmmittee. If it turns out one is needed, it's easy enough to form one. Seme of the things we will be challenged with are shown on the second page, again by no means exclusive because during the year quite often other major things crop up that need to be dealt with but this again is a guide line. He asked if there were any ccraments on the committees or reservations to their appointments? PERSONS TO BE HEARD Henry Aron, 106 Woolf Lane stated he would like to address the Board. He went on to say that he is the Chairman of the Zoning Board of Appeals and that he would like to welcome the new Board members. Mr. Aron stated noted that for sometime he had noticed, as Chairman of the ZBA, that some of the minutes that have been taken through this machine have not been well received as to sound effect. He stated that he would recommend having a different system installed so that those minutes can be received and then transcribed as they have been spoken by the public as well as the members of the boards. It doesn't only benefit the Zoning Board of i^peals vdiich is most important to have exact voice transmitted but also to the Planning Board as well as you the Town Board. He stated that he would like to ask the Supervisor as well as the members of the Board to consider a system Tdiich would be more effective for all concerned. Supervisor Desch replied, we have a proposal from the Engineering Department involving the replacement, with five speakers located in front of the board table vdiich he stated he would bring to the February meeting. APPOINIMENT TO PLANNING BOARD Supervisor Desch stated that the Town Board had a recommendation from the Planning Board on the appointment of a person to fill the term that became vacant at the end of Edward Mazza's term, Mr. Mazza no longer expressing interest in continuing. The Planning Board interviewed two people, Mr. Miller being one of them. The Supervisor felt many knew Mr. Miller as he is a long term Ithaca resident vho lives on the Ehnira Road next to Eddydale. We have not had a Planning Board monber from that area is quite sometime. Town Board 16 January 11, 1988 Councilman Bordoni asked if Mr. Miller has had any of this type of experience, has he sat on any boards prior to this? Supervisor Desch replied, Mr. Miller has been active in a number of zoning matters that have taken place in that area. He served a representative of the area at public hearing on the Eddydale project. Councilman Bordoni questioned, he lives locally and work locally, he doesn't drive out of town. It's very difficult to have a Board member v^o can't make the meetings, it leaves a tremendous amoxmt of responsibility on those other Board members v^o are always there ^ and he stated that he hated to see that type of situation happen. Councilman Bartholf responded, that Mr. Miller is a local real estate broker. Supervisor Desch added, the Planning Board is very rigorous in their screening. They do a thorough job. Councilwonan Raffensperger stated that she thought it would be very helpful, eventhough we rely very heavily on the Planning Board for these recommendations, if preceding this coming on the agenda we received the material the Planning Board had. She stated that she knew that the Planning Board required a resume and it might be helpful to the Town Board to have that. PESOLUTICa^ NO. 6 Motion by Councilman McPeak; seconded by Supervisor Desch, WHEREAS, the Town of Ithaca Planning Board interviewed two candidates for the vacant position on the Planning Board, NOW TEffiREPORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Robert Miller to a seven year term on the Planning Board of the Town of Ithaca. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni, and Cardman voting Aye. Nays - none). PUBLIC HEARING TO COSfSIDER AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TCWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider amending the Ordinance regulating traffic and parking in the Town of Ithaca having been presented the TOwn Clerk, the Supervisor opened the public hearing. Supervisor Desch noted that the proposal had been under consideration for sometime. Town Attorney Barney remarked, we draft one ordinance and then there were seme stop signs that were missing and then Councilwoman Raffensperger brought to our attention the fact that we had omitted some parking restrictions in the Eastern Heights area so we put those in and the brought it back tonight. He went on to say that today he was talking with Bob Flumerfelt he stated that the people on Roat Street desire to have some prohibitions against parking on the portion of Roat Street that runs westerly frcxn Blackstone Avenue to the end. i^parently there have been some difficulties up there with parties and a fair amount of parking problems. There are two ways we can go tonight, the one you are actually considering, the one the notice was given for, is the one version of this that does not have the phrase "with Roat Street added" at Town Board 17 January 11, 1988 the top. He went on to say that he wanted the Board to loiow there is a problem on Roat Streeet. After discussing this with Mr. Flumerfelt the thought was that the Board might want to set a date for a public hearing on the Roat Street condition and notify the people in the Roat Street area so they can ccme in and indicate vhat they would prefer. Roat Street is fairly naixow and he was not sure if they would want to have parking prohibited on both sides, twenty-four hoiirs a day or sanething less than that, or just on one side. Supervisor Desch remarked, then your idea is to adopt this one? Town Attorney Barney replied, well because we are just getting it to you you can't adopt it tonight but you can go ahead and hold the public hearing. Supervisor Desch asked, v^ch one? Town Attorney Barney replied, the one for the ordinance absent Roat Street, that's the one public notice was given for. Supervisor Desch replied right, and that we have had it long enough to adopt. Town Attorney Barney replied, the one you have tonight is the first one that has Eastern Heights conditions in it. Supervisor Desch replied, can't we do it on an emergency basis recognizing that we would like to enforce it? Councilwoman Raffensperger remarked, the one we had before, without Roat Street, has Sharlene Drive and the Eastern Heights restrictions in it. ^ Supervisor Desch remarked yes, that's vdiy he was a little bit puzzled. He knew Roat Street was the new kid on the block. Town Attorney Bcimey replied, there has been a resolution in effect for Eastern Heights. There has been some confusion, right after the last meeting vdien these came up there were two ordinances we were going to deal with. One is the one we just did without conditions which he drafted right after the meeting. Bob was going to give him the information on the stop signs but for seme reason he did not get it so it wasn't imtil he started looking at the information for the meeting tonight that he realized we might not have a current ordinance to deal with tonight so that is the reason he went back and redid this. Councilwoman Raffensperger remarked that she had two ordinances, both have Eastern Heights on them, one does not have Roat Street. Town Attorney Barney replied, that perhaps he may have already done it. Supervisor Desch agreed, it had already been done. He then asked if anyone in the public wished to speak in favor of or against the amendments to the traffic and parking ordinance which fundamentally has added Coddington Road, no parking, has added some stops signs „ in Forest Home that was the subject of previous hearings, has ratified basically the no parking prohibition in Eastern Heights but has not at this point included Roat Street but v^ch would at a later date. As no one present wished to speak for or against the proposal, the Supervisor closed the public hearing. Town Board 18 January 11, 1988 RESOLUTION NO. 7 Motion by Supervisor Desch; seconded by Councilvonan Raffensperger, ORDINANCE AMENDING AND RESTATING ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TCWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York, Section 1660 of the Vi^icle and Traffic Law of the State of New York, the Town Board of the Town of Ithaca, Torapkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights. Section 2. Superseding and Amending of Prior Ordinances. This ordinance amends and restates the traffic ordinance of the Town of Ithaca adopted September 7, 1961 effective September 26, 1961 and all amendments thereto and to the extent the provisions of said earlier ordinances conflict with the ordinance as set forth herein, this ordinance shall govern. Section 3. Parking Vehicles. The parking of motor vehicles or any part thereof on the paved portion of Town highways, or upon the shoulder or upon or in any ditch adjoining said highways, is prohibited in all of the following locations: (a) Cto both sides of Mclntyre Place. (b) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Forest Home Drive. (c) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to the intersection with Forest Hcxne Drive (Route 392). (d) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road. (e) On both sides of Judd Falls Road from Route 366 southerly to the railroad overpass. (f) On the west side of Coddington Road frcm the intersection of Coddington Road with the center line of the Ithaca College Road northerly 110 feet fron said intersection. (g) On the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road. (h) On the north side of Mitchell Street from the Town of Ithaca easterly to Judd Falls Road. (i) On both sides of Judd Falls Road frcm its intersection with Ttower Road to its intersection with New York State Route 366. (j) On both sides of Sharlene Drive frcm Snyder Hill Road to Eastern Heights Drive during the hours of 1:00 A.M. to 6:00 A.M., daily. (k) On both sides of Eastern Heights Drive frcm Sharlene Drive to the now or future Town road running southerly Town Board 19 Janiiary 11, 1988 from Eastern Heights Drive shown as futiire Nancy Street on the Town of Ithaca tax maps, during the hours of 1:00 A.M. to 6:00 A.M., daily. (1) Section 4. Stopping of Motor Vehicles. The stopping of motor vehicles, other than in accordance with erected traffic control devices, or as may be required by traffic conditions, is prohibited in the following locations: (a) Buttermilk Falls Road West in its entirety. (b) Buttermilk Falls Road East in its entirety. Section 5. Stop Signs. The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A. Section 6. Yield Signs. The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth in Schedule B. Section 7. Penalties. (a) Any violations of Sections 3 and 4 shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50.00 or by imprisonment for not more than 15 days or by both such fine and imprisonment. (b) Failure to observe the signs erected in accordance with Sections 5 or 6 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York. Section 8. This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law. SCHEDULE A - STOP SIGNS On Birchwood Drive at Salem Drive On Birchwood Drive North at Salem Drive On Blackstone Avenue at Roat Street, eastbound approach On Blackstone Avenue at Roat Street, westbound approach On Blackstone Avenue at Christopher Lane On Brandywine Drive at Christopher Lane On Cairpbell Avenue at Brookfield Road On Christopher Circle (east end) at Christopher Lane Christopher Circle (west end) at Christopher Lane On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Extension On Deerfield Place at Salem Drive On Deefield Place at Winston Drive On Dove Drive at its easterly intersection with Snyder Hill Road On Dove Drive at its westerly intersection with Snyder Hill Road On Drew Road at Woodgate Lane On Forest Home Drive at Caldwell Road On Forest Hone Drive at Judd Falls Road, eastbound approach On Forest Hone Drive at Judd Falls Road, westbound approach On Forest Home Drive at Pleasant Grove Road, westbound approach On Forest Home Drive at Warren Road, eastbound approach On Forest Home Drive at Warren Road, westbound approach Town Board 20 January 11, 1988 On Glenside Road at Coy Glen Road On Haller Boulevard at Elm Street Extension On Harwick Road at Wildflower Drive On Judd Falls Road at Tower Road, northbound approach On Judd Falls Road at Tower Road, southboxmd approach On Judd Falls Road at Arboretum Road On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Place at Lisa Lane On Longview Drive at Poole Road On Maplewood Drive at Salem Drive On Mclntyre Place at Judd Falls Road On Mclntyre Place at Forest Home Drive On Penny Lane at Abbey Road, eastbound approach On Regency Lane at Snyder Hill Road On Renwick Place at its northerly intersection with NYS Route 34B On Renwick Place at its southerly intersection with NYS Route 34B On Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On St. Catherine Circle at Siena Drive On Simsbury Drive at Brandywine Drive On Stravberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road, northbound approach On Tareyton Drive at Rosehill Road, southbound approach On Terraceview Drive at Honness Lane On The Byway at its easterly intersection with Forest Home Drive On T3ie Byway at its westerly intersection with Forest Hcame Drive On Townline Road at Sandbank Road On Valley View Road at Elm Street Extension On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Extension On Wildflower Drive at Honness Lane On Winston Court at Winston Drive On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the southerly end of the middle portion of Winston Court vhich runs north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court vbere the easterly end of the southerly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south On Winston Drive at Salem Drive On Woodgate Lane at Poole Road On V^ckoff Road at Renwick Heights Road SCHEDULE B - YIELD SIQ^S On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive Dove Drive, southbound appraoch, at the east end of Pheasant Lane On Eastern Heights Drive at Joanne Drive On Eastern Heights Drive at Sharlene Drive, westbound approach On Eastern Heights Drive at Sharlene Drive, eastbound approach On Elm Street Extension at Culver and Poole Roads On Grove Place at Grove Road On Grove Road at Woolf Lane On Hickory Place at Juniper Drive On Hickoiy Place at Pineview Terrace Ttown Board 21 January 11, 1988 On Landmark Drive at Eastern Heights Drive On Landmark Drive at Park Lane On Lisa Lane at Texas Lane On Maplewood Drive at Pinewood Drive On Orchard Street at Roat Street On Kendall Avenue at Pennsylvania Avenue On Penny Lane at Abbey Road, westbound approach On Pheasant Lane at Dove Drive, westbound approach On Pineview Terrace at Juniper Drive One Pinewood Place at Birchwood Drive North On Renwick Drive at Renwick Heights Road On St. Catherine Circle at Blackstone Avenue On Sandra Place at Winthrop Drive On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sky-Vue Road at Snyder Hill Road On Snyder Hill Road at Pine Tree Road On Stone Quarry Road at King Road West On Sycamore Drive at Pinewood Drive On Tudor Road at Park Lane On Winson Court at Salem Drive Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Coimcilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwcxnan Raffensperger Voting Aye Sx:^rvisor Desch Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 8 Motion by Supervisor Desch; seconded Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a piablic hearing at 7:00 P.M., on Febiruaiy 8, 1988 to consider amending the Traffic and Parking Ordinance in the Town of Ithaca to include Roat Street. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). WATER ACCOUNT REFUNDS RESOLUTION NO. 9 Motion by Councilman McPeak; seconded by Councilman Bartholf, WHEREAS, Joseph Barden paid the June and Septotiber water bills for PMBt 301 Tareyton Drive twice, NOW TEiEREFORE BE IT RESOLVED, that the TOwn Board of the Town of Ithaca hereby authorize a refund of $49.13 for water, $4.91 for water surcharge, $23.77 for sewer and $3.44 for sewer surcharge, total refund of $81.25, be made to Joseph Barden, 106 Salon Drive, Ithaca, New York, Account Number T-1536. Town Board 22 January 11, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leairy, Bordoni, and Cardrnan voting Aye. Nays - none). RESOLUTION NO. 10 Motion by Supervisor Desch; seconded by Councilman McPeak, WEffiREAS, Leon Ditziel paid his December 1, 1987 water bill and then paid his final bill v^ch included the December 1, 1987 water bill for the property at 120 Ridgecrest Road, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $18.63 for water, $1.86 for water surcharge, $18.50 for sewer and $1.30 for sewsr sxurcharge, total refund of $40.29, be made to Leon Ditziel, 17123 Horizon Lane, Pt. Charolette, Florida 33948, Account Number F-640. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). VOTING DELEGATE AND ALTERNATE DELEGATE FOR ASSOCIATION OF TCWN MEETING RESOLUTION NO. 11 Motion by Supervisor Desch; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby designates Henry Aron to attend the annual Business Session of the Association of Towns of the State of New York, to be held at New York City, on Februa3:y 17, 1988 and to cast the vote of the aforesaid Town, pursuant to Section 6 of Article III of the Constitution and Laws of said Association, and FURTHER BE IT RESOLVED, that in the absence of the person so designated, Noel Desch has been designated to cast the vote of said Town. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). TOWN BOARD MINUTES Supervisor Desch noted that the new Board meaiibers might wish to abstain as obviously they were not members at that time. RESOLUTIC»J NO. 12 Motion by Councilwotian Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Town Board minutes of Nov€an±)er 16, 1987, November 19, 1987 and December 7, 1987 Town Board meetings as presented by the Town Clerk. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none. Abstaining - Bordoni and Cardman.) TOWN OF ITHACA WARRANTS Tcfwn Board 23 January 11, 1988 Supervisor Desch stated that he would like to add, to the Warrants, the second payment to Hill Construction Cortpany, the contractor building the Hospital Access Road, in the amount of $29,343.61. The reason this was not added to the Warrant is because we are struggling with the method of reimbursement from the Hospital, the Professional Building and the County. Rather than billing them for their share up front, the Town will pay the amount, v^ich is due the contractor. RESOLUTION NO. 13 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated January 11, 1988, in the following accounts: General Fund - Town Wide $ 49,805.88 General Fund - Outside Village $ 36,966.73 Water & Sewer Fund $247,026.75 Highway Fund $ 12,588.44 Capital Projects Fund $113,916.09 Lighting District Fund $ 438.32 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none) BOLTON POINT WARRANTS RESOLUTiaSI NO. 14 Motion by Supeirvisor Desch; seconded by Coimcilwcman Raffensperger, RESOLVED, that the Bolton Point Warrants dated January 11, 1988, in the Operating Account are hereby approved, in the amount of $78,365.94 after review and upon the reccmmendation of the Southern Cayuga Lake Interraunicipal Water Ccnmission, they are in order for payment. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). COMPUTER FOR ENGINEERING DEPAKEMENT RESOLUTIOJ NO. 15 Motion by Councilman McPeak; seconded by Councilman Ca2:dman, WHEREAS, the Town Board, at the October 5, 1987 Town Board meeting, authorized purchase of two computers with accessories for the Planning Department and Engineering Depa3±ment, and WHEREAS, purchase of the ccnputer for the Engineering Department was not done in 1987 and funds allocated for this purpose have reverted to the closing fund balance for General Fund Townwide, and WHEREAS, the staff would now like to proceed with the purchase of the computer for the Engineering Department, i NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herby authorize a 1988 budget amendment transferring $3,000 from General Fund Townwide A1990.4 Contingency to A1440.201 Engineering Equipment. Town Board 24 January 11, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardmon voting Aye. Nays - none). LEXINGTON DRIVE Supervisor Desch noted that the Letter of Credit for Lexington Drive needs to be released now that the developer has ccnpleted the work and secondly to accept the road. Town Attorney Barney remarked that he was a little troubled about releasing the entire Letter of Credit as he was not aware that the deed had been reviewed. Supervisor Desch asked the Town Attorney vAiat amount would he reccanranend be released? Town Attorney Barney replied, release $13,000 and hold $1,000. And we might add to the resolution that the Town Si^rvisor be authorized to release the $1,000 upon the approval of the Town Attorney so you won't have to cotie back to the Board again. RESOLUTION NO. 16 tfotion by Councilman Bordoni; seconded by Councilman Bartholf, WHEREAS, Lexington Drive between the existing conpleted easterly and westerly sections of Lexington Drive has been ccmpleted to Town Highway specification, and WHEREAS, Harry Hamilton, Esq., has requested release of the Letter of Credit for highway corpletion in the name of the Schoenfeld estate, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the release of $13,000 of the $14,000 Letter of Credit for satisfactory ccarpletion of Lexington Drive, and RESOLVED, that the east-west section of Lexington Drive (conpleting Lexington Drive in its entirety) be accepted as a Town Highway upon transfer of a warranty deed acceptable in form to the Town Attorney, and FURTHER BE IT RESOLVED, that the Town Board authorizes the Supervisor to release the additional $1,000 upon the approval of the Town Attorney. (Desch, McPeak Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER A LOCAL LAW ESTABLISHING A SPECIAL LAND USE DISTRICT ON EAST SHORE DRIVE FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE AND RELATED USES Proof of posting and publication of a notice of a public hearing to consider a local law establishing a Special Land Use District on East Shore Drive for the Torapkins County Chamber of Commerce and related uses having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch remarked, first on the matter of the environmental review and the notice on the part of the Town of the determination of conditional negative declaration. Town Board 25 January 11, 1988 Doria Higgins, 2 Hillcrest Drive stated that she was speaking for Citizens to Save Stewart Park. Ms. Higgins then read the following statonent: "There are four points on vdiich we would like to touch tonight. Some concern City actions and seme concern Town actions, but as you all know the City and Town are so intertwined on this project tiat is is difficult to separate them. One. Some of you have argued that because the City park land involved in this rezoning project is on the periphery of the park that the park will not be adversely affected. The park will be adversely affected. At the present time the park land in question serves as a very important green buffer zone for the park fran Route 34. To change this buffer zone into an asphalt access road and parking lot for to 81 campers and Winnebagos an hour is most certainly going to affect the park. To tear down the vines and undergrowth that shield the park from the inconspicuous buildings on the Bowman lot and to construct a building built a half stoiry above groimd as is the Youth Bureau is most certainly going to intrude upon the feeling of seclusion one now experiences in Stewart Park. The 1984 Master Plan for Stewart Park says "Overcrowding is increasing in seriousness and frequency." Why then should we make it a mandatory waystop for every tourist and his caitper and Winnebago v^o just wants to find lodgings or maps or other information? The present tourist booth functions beautifully in that the tourist does not need to park and stay. He can drive up, pick up his information and drive on. Please let us leave Stewart Park the quiet oasis it still is for the people, tourist included, v^o want to go there to enjoy its peacefulness and beauty. Stewart Park was given to the City in 1921 by Major Stewart for the recreational use of the City. It was not given to City Hall to dispense to private organizations no matter how worthvdiile those organizations be. It offends our sense of dotiocracy to see a group of mature successful business men and women being given not only a handout from the City but a handout vdiich entails taking away from the public part of a much loved public park. And the fact that the ccmmunity from vdicm this piece of parkland is being taken includes large numbers of the disenfranchised vdio most need our parks, makes it even more offensive. TwD. The City as the request of Citizens to Save Stewart Park will be writing the New York State Attorney General to address the question of v^ether the City has the authority to license park land to a private non-profit organization under conditions v^ich seem to indicate a longer period than the term of the one year revocable license. It seems to us that imtil this question is answered that any action you will take here tonight is premature. Three. We would like tonight to correct an incorrect statment we made to the Town Planning Board, a misstatement we made because we had ourselves been misinformed by the City. We think the facts involved are imfortxmately characteristic of the lack of clarity and forthrightness of the Chamber/Stewart Park project. On October 6 we told the Town Planning Board that the City had not prepared an Environmental Assessment Form before Common Council in June had voted the resolution making Stewart Park land available to the Chamber. We said this with some surety because on July 9th we had asked the City Clerk for a copy of the EAF if there was one. In September not having heard further about the matter we followd up our written request with a telephone call and the City Clerk then telephoned Mr. Daugherty of BPW v^o told her no EAF had been Town Board 26 January 11, 1988 ccstpleted. So we spoke confidently at the October Town Planning Board meeting. It was not until November 20 that we were informed by the City Clerk that she had just received notification froti BPW that there was an EAF dated — six months earlier — May 28, 1987. This short EAF does not mention that the land involved is park land or that park land is nearby. It identifies the location as "Comer Lake Street (Route 34) and James L. Gibbs Drive." There is one question, question 9 that specifically asks "What is present land use in vicinity of project?" and then lists various categories of land use including "parkland/open space" with a circle beside each category to be checked if the facts so indicate. On the May 28 EAF there is no checkmark next to "parkland/open space." By not putting a checkmark next to that category the answer clearly falsely irrplies that parkland is not "in the vicinity of the project." Four. The fourth and final point we would like to bring up tonight is a technicality involving DEC New York Codes and Regulations and according to \^ich your November rewriting of the Conditional Negative Determination of Environmental Significance for the proposed new Special Land Use District now makes mandatory the drafting of an Environmetal Impact Statement before further action on the proposal can be taken. Let me quote from NYCR 617.6h on pages 18-19. It reads, "A draft Environmental Inpact Statement must be prepared if corments are received regarding the proposed c.n.d. v^ich would support a positive declaration concerning: 1.previously identified or newly raised significant environmental inpact; or ii. the need for the examination of the adequacy of the proposed mitigation measures." Because section b. of the rewritten c.n.d. brings up that in the eventucility of the City either not granting a license for the use of the park land, or in the event that such license is initially granted but is not renewed by the City, than a revised plan would be submitted to the Town, such revised plan to show provisions for adequate parking at another location or modification of the proposed use of Tax Parcel 6-18-2-10 so that parking and access adequacy can be maintained on that parcel. But we know that this is all non sequitur. There is no other parking available at the present time nearby. We know the lot is too small to contain the parking required. So what is going to happen if the park land is not available? According to the people we spoke to at the Department of Environmental Conservation this issue now has to be examined because it has been raised by the c.n.d. and it has to be examined with preparation of an E.l.S. Five. And we object to spot zoning no matter v^at it is called - and rezoning a 60* wide lot without context of a catprehensive plan is spot zoning even if it is call a Special Land Use District." Paul Sayvetz, 201 Elm Street stated he has been opposed to the location of the Chamber of Ccmmerce at that site, every since he knew about it. He went on to say that he had spoken to the City of Ithaca, etc., and he wanted the Board to know that theire is not a strong concensus in favor of this, there was sort of a split vote on the City Council and he felt it passed because people like the idea of Chamber of Ccmmerce vdiich is a positive force in the ccraraunity and no body wants to vote against the Chamber of Conmerce. This is obviously not a smart place, it's way to small a site for them and he stated that he doesn't want to see us letting Tdwn Board 27 January 11, 1988 people have driveways across Stewart Park. Stewart Park is very heavily used already, there is heavy growth in the Ithaca area, the park is going to be under greater and greater load frcm people wanting to use it. It's not the time to let sane one put a driveway across there so that people can pull their Winnebagos and their speed boat trailers and etc., across a comer of the park. He stated that he just felt it was inappropriate and that the lot was way to small for vdiat the Chamber of Ccmmerce needs and it is not true that there are no alternative sites. They have just decided that that's vdiere they want to be. They want to be next to a park, and he didn't blame them for this, as he would like to be next to a park also. It's an unwise place for the Chamber of Commerce to locate because the site is too small and he urged the Board to do their part by not passing the resolution. Supervisor Desch stated that he would like to go down through Ms. Higgins points. He went on to say that looking at the Chamber site plans and addressing specifically the question as to \^ether the access drive that the Chamber will use and the parking that they will use are actually park land. It is a little bit troublesome that nobody has produced a resolution from the City designating that land as park land. Ms. Higgins replied that she felt this was significant. The resolution carefully just says City land, right along but the boundary of the park land was the old Cayuga Street extended. Supervisor Desch replied, there is a problem with that because the land that was dedicated by Mr. Stewart does not include that parcel because the Naval Reserve Center was there and the Navel Reserve Center was given to the City of Ithaca v^en the center was closed. The reason \diy he felt there was nothing in the City records designating that as park land was because when the Tin Can was still there, the City was very unhappy because the parcel was not tax exeirpt. The City had the opportunity to get it tax exempt by designating it as park land but it chose not to do so. Instead the City came to the Town and worked out an amangement \^er^y the City annexed it and we annexed, as you know, seme adjoining land. So that's why he feels it's very accurate to say that there is nothing, and it's really the City's business not the Town's business so much but it does have an impact obviously on what you are saying, so he didn't think it was appropriate to call it park land. Ms. Higgins replied, v^ere the old Navel Reserve was, the old Tin Can, is not park land, that was on the other side of Cayuga Street Extended. Supervisor Desch disagreed, showing Ms. Higgins on the map the area in question. Ms. Higgins replied, what she was going by here, is the City Tax Assessors office. Supervisor Desch replied, the parcels are part of vihat was the Navel Reserve Center that was given to the City, well not given, the City paid $1.00 for them. Ms. Higgins remarked, the City considers it park land and if you remember that question was asked the night Jon Meigs was here. The question was asked at the Planning Board, she stated that she had forgotten his wording but the sense was that it certainly was park land. It's park land according to the Tax Assessors office and if her conversation with Mayor Gutenberger yesterday is correct, they are writing to the Attorney General asking v^ether the City has, she couldn't remember the exact wording, but their v^ole question Town Board 28 January 11, 1988 was based on its being City park land and she felt they wouldn't bother to write unless they are assuming that it is City park land. Supervisor Desch wondered if the question was really relevant because you have to ask the other question, would the City have gotten approval to build the new Youth Facility building on park land? Doria Higgins replied, its not on park land, the Youth Bureau, but this is. Supervisor Desch replied no, if you were to take the tax maps and overlay it you would see this parking lot and the new Youth Facility Building are superiirposted right on the old Naval Reserve. Ms. Higgins replied, part of the new parking lot is on the old Naval Reserve land, you are right there, but the majority of the parking lot that we are discussing, that she called Stewart Park land, and the access road is on park land. It is an irrportant question that you are bringing up but it is one that she has researched and the answer that she came up with is that it is park land. She was given that answer that at this time the old Cayuga Street was the definition of park and the Youth Bureau building is built right up to that line. That is almost the exact line of their boimdary of old Cayuga Street extended. The northern side of Cayuga Street extended is the park land. Supervisor Desch remarked, in actuality it either almost has to be part of the original Naval Reserve site or within the bed of the old highway. Ms. Higgins went on to say that the old Tin Can, where ever it was on this map, is not park land, the Youth Bureau is not park land there is no argument there. Supervisor Desch replied, that he thought Ms. Higgins would find out that the parking was well within the Tin Can site. Ms. Higgins replied, not according to her understanding. Councilman Bordoni, speaking to Mr. Sayvetz stated that he questioned the statement he had made earlier about the City vote being very close. Mr. Sayvetz responded that he did not remember vhat the vote was. Councilman Bordoni replied that he thought it was six to three and that he thought that if one of the Councilpersons that was not in attendance could have been in attendance, and this was his opinion only, the vote would have been seven to three. Councilman Bordoni, addressing Ms. Higgins stated that he would like to ask one question vhich really troubled him, who came up with this figure of 81 cairpers and Winnebagos an hour, or is that a year? Ms. Higgins replied, the Chamber of Commerce came up with it. Susan Beeners remarked, that was the figure that was concurred on by the architects and by our office as the maximum peak hours of traffic as one might expect during that peak hours in the summer time. It's not an average count. Councilman Bordoni remarked, 81 seems like an unreasonably hi^ number. Town Board 29 January 11, 1988 Town Planner Beeners replied, that seemed reasonable for people caning in and asking for information, using the rest roans, perhaps seeing a tourist display and then leaving. The amount of parking provided here in the twenty seven spaces seemed to be appropriate for that short term use that would be expected by tourists. Supervisor Desch asked how that carpared with the number experienced now with the present tourist information booth? Mr. Sciarabba replied, with the six or seven months that the tourist booth is open, he thought it was 14,000 visitors total visited the booth this year. It's open seven days a week for about nine hours per day. Add the figure that each car contains two to two and one-half people per car we are talking a thousand cars, about five per hour we figure would be the average. Supervisor Desch remarked that he thought it would be a major advantage having that traffic circulating outside of the park rather than inside \^ch is vbat it does now. Doria Higgins replied, no. Councilwoman Raffensperger asked if the Board was going to address sane of these technical questions? Town Attorney Barney responded, we have talked with Mr. Lockrow a couple of times on questions and each time that he has talked with him his response is maybe you better talk with the attorney for the DEC. The Town Attorney went on to say that as he reads the regulations that are cited here, it says the draft EIS must be prepared if catiments are received which support the positive declaration. His sense of it he said was that it was new information that is required and his sense of the discussion tonight was that the information tonight was not new or different information than v^en the conditional negative declaration was issued initially. But that is a decision the Board will have to make. Ms. Higgins questioned, isn't this in a sense vdiat he was saying to me today, that your negative declaration brings vsp new questions that have not been answered by you. That by your bringing up the contingency that the City may not grant a license or the contingency that the City may grant the license and then revoke it, that those are two contingencies that you have not addressed and needs to be addressed within the boundaries of this c.n.d. Town Attorney Barney replied, they have been addressed, and they have been addressed in two ways. One is that they have said on one hand there will be additional parking provided on sane other location or the use of the lot that is involved will be changed in sane fashion to reduce the need for additional parking. That's specifically in the c.n.d. There is a two prong test, so that he felt it was saying, obviously no one knows vhat is going to happen, the City oDuld presumably give a twenty year license and change it the next week or the next year or a lot of changes in seme fashion. We don't know v4iat will happen but we have built in with the conditional negative declaration here a two prong alternative arrangement. Either there is additional parking provided at seme other source or there is a change in use vMch reduces the need for the parking. Ms. Higgens replied, he uses the term, he said the Town has boxed themselves in with this and his understanding was that you have not made an examination of these contingencies and that now it has to be done. Addressing the Town Attorney she remarked, you know better than I that I am no authority on this at all and that she Town Board 30 January 11, 1988 was just trying to repeat the sense. However, he seemed very sure that there was this need now. Town Attorney Barney replied, that he reads it exactly the opposite, the TOwn has considered these contingencies and has looked at a possibility of how to rectify them. He stated that he was not a tremendous expert either but that he had found Mr. Lockrow, regardless of the source of his employment, is not that good an expert either in tenns of vhat he says and then you talk to the counsel office and you get some what of a different interpretation. So, we are all kind of feeling our way here and the ultimate decider of this is seme judge at seme court, at what ever level it happens to get taken to. He stated that his interpretation of v^t was done with this conditional negative declaration and the regulations that this complies with the regulations. Supervisor Desch asked the Town Planner vdiat other comments were received during the thirty day period? Town Planner Beeners replied, none. She did want to say that her conversations with Mr. Lockrow about this, he concurred that this condition regarding the licensing \drLch does set forth alternatives and is very specific was an appropriate condition for the Town to be concluding in the negative declaration. Ms. Higgins asked the Town Planner if she had talked to Mr. Lockrow today? Town Planner Beeners replied, it was before the start of the New Year, prior to her handing out the material on the negative declaration. Ms. Higgins remarked, the reason that she was asking was because they had gone into it in such detail today, we were on the phone about an hour. The Town Planner continued the only other ccmraent that was received, was prior to the November 17th c.n.d. vhen the October 16th c.n.d. was in place. She noted that she received a letter fron Dooley Kiefer questioning this same matter as to whether it was appropriate to condition a negative determination on something that would be done by another agency at another time. Ms. Beeners stated that she had written to Mrs. Kiefer and expressed to her vhat she had just said that the alternatives were set up and these were the specific types of conditions that were meant to be in conditional negative declarations, they are out of the ordinary. However, alternative solutions are set forth in here as mitigating measures. The other comments that she had during the c.n.d. public comment period have been received from Doria Higgins for the Citizens to Save Stewart Park, one being something that was received at the last meeting and then tonight is an additional item falling outside the public comment period. That is the extent of the comments. Councilman Caldman remarked you got this opinion from the gentleman that you talked today Doria? He then asked the Town Attorney if he had actually talked to Counsel to get their opinion on his interpretation of vhat we are hearing tonight? Town Attorney Barney replied not on this issue, no. The communication on that has been between the Town Planner and Mr. Lockrow. He stated that he was referring to other occassions vhere we have called Mr. Lockrow and he has said, in effect, you are asking me a question I can't understand or can't answer you better Town Board 31 January 11, 1988 talk to Counsel. No body has talked to Counsel at DEC on this particular issue, as far as I know. Councilvonan Raffenspeirger asked the Town Attorney if he felt it would be wise for the scmeone to talk to Counsel? Town Attorney Barney replied, it's always nice to have sonebody else either support you or take a position contrary, at least you know the position is contrary and they have the expertise. On the other hand, he noted, you often find is that they give you an opinion but you say would you mind putting that in writing and they are reluctant to put it in writing and what it comes right down to ^o is going to defend the Town's action? It's us or somebody that you choose for that purpose so on one hand he stated he wouldn't mind getting it but on the other hand with the time that has gone into this he wondered whether we wanted to wait another month to take action. Supervisor Desch asked if anyone else wished to comment? There being none he declared the public hearing closed. The Supervisor went on to say that the other aspect of it is the environmental review has been carried on over many months, since June, so the record both at this Board level and the Planning Board level have been very substantial. The next step is to make a detennination of non-significance. Town Attorney Barney remarked, you have already done that. The question is whether you want to reopen your conditional negative declaration and make a positive declaration. Town Planner Beeners ronarked, it has to deal with this language in here, vhether the Board has to reaffirm not that the 30 catment period has expired. Councilwonan Raffensperger remarked, quite apart frcm the technicalities, scmebody tell me hew this is going to work, this particular provision that we seem to be most troubled by, if the City doesn't give the Chamber a license it's easy, we don't give them a building permit. If, however, the City gives the Chamber a license then we give them a building permit and they build a building. What then happens in a practical way, quite apart from the regulations, if the City recinds or does not renew such a license for use, vdiat then is the Town's position? Town Attorney Barney replied, on the site plan in a proposed use vMch includes that parking, we now have a provision vMch has been incorporated into the local law that says you have to have that parking or if you fail to have this parking you have to ccme back and get a new site plan approval. So the position that he woiild envision the Town to be in is that the certificate of occupancy, that will presumably be issued, on the completion of the building would be subject to revocation if the parking is lost, in v^ch event at that point, the building use would have to be altered in seme manner acceptable to the Town to reduce the need for parking. Councilwoman Raffensperger asked, and does the Chamber understand that? Town Attorney Barney replied, that he thought they did. That was very clear at the Planning Board. Councilman Bordoni remarked that he would like to offer an observation. He went on to say that he was extremely familiar with that area having lived in the downtown flat area of Ithaca for 48 years or so. That used to be his playground, so to speak. He has Town Board 32 Janiiary 11, 1988 seen a change fran cattails and reeds and swairpland to a better entrance to Stewart Park. The erection of the new Youth Bureau and the teciring down of the Tin Can and that patch of green on the north side of the Tin Can, as the Tin Can sat, \dien it was there was effectivly a stretch of lawn that reached over to that first site of the Town of Ithaca vMch is the yellow house vMch he felt all were familiar with. The yellow and white house vAiich we probably have all driven by hundreds of thousands of times in our lifetime. That house sits on a lot that is sixty feet wide and two hundred feet long. There are two hcmes on that lot, there is a garage and a shed and the state of repair of those building are in pretty bad shape. Going in a more northerly direction, on the two next buildings sites there are two alDandoned hcmes that look like they are asking for destruction. They should be torn down. They are an eye sore and probably the worst possible entrance way you could offer our visitors coming in from the north, especially from the South Lansing area. It's a pretty sad looking state of affairs. He went on to say that he could compare it with vtet the Elmira Road used to look like before the City did a City beautification project v^re we used to have ditches on both sides of the roads. We used to find these ditches filled with the fast food wrappers frcaii the local fast food establishments. The City took an awful lot of time and effort to redesign that, clear up the signage, get rid of the ditches, put the proper entrances and exits to the various businesses along that road and he felt that we, as a group of people in this room, can say that we would compare our Elmira Road entrance to the City of Ithaca with any city in New York State v^en it ccmies to comparing the so called miracle miles. The miracle mile, the business, the automobile retails and the restaurants that we have on the Elmira Road could be a disaster and in many cities they are a disaster, they look just exactly like that, junk lots, ditches filled with debris, unmanaged properties that are just not attactive, very unsightly to drive though as you approach the City. We have done a tremendous amount of work in that end of town. That leaves the north end of town. Many years ago, before the New York State marina was built you had pretty much an unused park that again was swampland. The only people vho could go in there were fishermen with hip boots and trappers. Today they have planted that and made it into a beautiful park area so they have expanded, in fact, the park like setting of the area. We have made that area as use^l to the people as Stewart Park is. But in all his life and in all the years he has lived in the Fall Credc area he can never remember once, as a child, of having any desire to play on that grassy area east of the railroad tracks. It was just a non-functioning area. If you go down there today and look at it, in fact, he went back down there again this noon just to reestablish it in his mind. It's a deplorable site, if you stood at the back, the north side of the Youth Bureau building and looked over that way, there is so much debris and brush and overgrowth, imcontrolled growth, in there that you cannot see the lake from that point, the lake is obscured. It's a beautiful lake, we should be very proud of that lake and we should make that part of the lake as attractive as we have made the other side of the lake. He went on to say that he thought that vben you are talking about eliminating two houses, a garage and a shed that now take up more land than the proposed building will, if you can use a little vision and picture that it's going to actually provide you with a campus like setting with this building in there, everything grassed and curbed and delineated so that there is clearly a very orderly look to it. It certainly has to be an improvement compared to vbat you see there at this time. Supervisor Desch asked the Town Attorney if he had determined the action needed, as far as the environmental assessment? Town Board 33 January 11, 1988 Town Attorney Barney replied, you could reaffirm it but he thought, according to the regulations, after hearing ccmraents, in fact at any time, you have the option of rescinding the conditional negative declaration. At the present time, as he understood it, the conditional negative declaration vdiich you adopted at a prior meeting vdiich had the required ccmraent period of time vAiich has expired, and it probably wouldn't be bad to have a motion or a resolution that the conditional negative declaration has been adopted, duly published and the comient period has expired and it is reaffirmed, but he was not sure that was really necessary, as long as you don't rescind it you are operating properly. Councilwonan Raffensperger stated that she had a c^estion about number 6"a", \diich she stated she thought she had finally figured out vdiy it doesn't make sense to her. This is in the local law v^ere it says, "or in event such a license is not granted or is granted and not renewed, no building permit shall be issued", shouldn't that say no certificate of occupancy will be issued or renewed mtil the revised plan is presented? Town Attorney Barney replied that's not a bad idea, it could say no building permit shall be issued and a certificate of occupancy if issued may be revoked. RESOLUTION NO. 17 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby reaffirms the conditional negative declaration of environmental significance for the rezoning to a Special Land Use District at 904-906 East Shore Drive for the Tompkins County Chamber of Commerce and related uses. (Desch, McPeak, Raffensperger, Bartholf, Bordoni and Cardman voting Aye. Nays - Leary). Supervisor Desch asked for clarification of the wording of the local law suggested by Councilwoman Raffensperger as to the amendment. Town Attorney Barney replied, after the words issued on the sixth line in subparagraph "a" add (or, if a certificate of occupancy has been issued it shall be revoked). However, if you amend it in that fashion he felt, barring and emergency, you need to have it on your desks for seven days before you can adopt it. Supervisor Desch asked if it was significant enough to do that? Town Attorney Barney replied that it was a substantive change. He stated that he would be uncomfortable certifying it before the required seven day period. Supervisor Desch remarked, there could be perhaps a brief noon meeting. Town Attorney Barney remarked, each of you should amend the local law which is setting on your desk so that it can be adopted after being in final form on your desks for seven days. RESOLUTION NO. 18 Motion by Supervisor Desch; seconded by Comcilman McPeak, Town Board 34 January 11, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes that the amended local law be considered at a special meeting of the Board at noon on January 19, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Councilwosman Leary asked if the piroposal could be discussed, at this time, so that v^en we meet at noon, it would be nice to get it over with and the public is here now. She went on to say that she thought a lot of the discussion about this has been kind of hair splitting and that she agreed with Councilman Bordoni that the area would look a lot better if it were cleaned up. But she still objects to it for broader reasons and she would like to say v^y now and she would like her statement included in the minutes. Councilwcman Leary then read the following statement: "The proposed move of the Chamber of Conmerce away from the County's central business district signals a refocus in priorities on the part of the Chamber away from the local conraunity to the quick and easy dollar of the tourist. Stewart Park should not become a playground for tourists. Stewart Park is a public natural resource that should remain primarily for the use and enjoyment of local residents. 1 don't want to see the Ithaca area become a mecca for tourism, either. Much has been said about the dollars infused by tourists, and not enough about the crowding, traffic and refuse created by transients v^o have no commitment to the area, contribute nothing in terms of creativity, and place and extra burden on our public works departments. Heavy dependance on tourism is the last resort of a community with nothing else to offer its local economy. 1 don't think Tortpkins County has reached that point; 1 don't think we need to, or should, develop tourism as a major industry here. The Chamber would do better to turn its attention more closely to retaining the dollars generated by local residents, through better service, more competitive prices and a wider choice of merchandise. Thousands of dollars are lost each year as local residents by the busload choose to spend their Satirrdays shopping outside the coimty. Clearly, the local market is there, but the demand is not being met by the local merchants. Retaining those local dollars should be the first concern of the Chamber, but apparently it's just too difficult a challenge. It is in the best interests of the community at large to keep the businesses and services of the county located generally in the "county seat," even if that means finding creative ways to cope with the inconveniences of parking that are an inevitable part of the urban environment. The City is already experiencing an outward migration of businesses and services; the Chamber of Commerce's removal of its offices from the City is a symoblic abandonment of commitment to the vitality of the downtown area, and another small be very real diminishment of the City as a hub of activity. It's not enough to say that if the City doesn't mind and the Chamber doesn't mind then the Town shouldn't mind. 1 refuse to be part of that process, and that's vdiy I'm voting no on this proposal." Supervisor Desch remarked, your feeling being that the Chambers activity draws people to shopping areas? Coimcilwcman Leary replied, yes. She felt that the Chamber activities, the old Social Services being in the City, each of those contributed to the activity of the City. She has just been seeing a gradxial chippdLng away of that. Town Board 35 January 11, 1988 Supervisor Desch asked, "you don't think that during all this time the City has had the opportunity to cone up with alternative sites that would meet the Chambers requirements?" Coimcilwoman Leary responded that she did not know vAiat the City had been trying to do, and she did not know vdiat the Chamber had been trying to do but it seemed to her that. Center Ithaca for exaitple, and she did not want to go into a v^le long debate about development in the City but Center Ithaca isn't full. It's still having trouble paying its rent, paying its taxes. Its right in the middle of town and you have a parking garage right in the back. The City is the City, now if the City is having trouble or if the City has its own problems that's the City's, she just knows that as a town member she does not want to contribute to that vdiole process and and she thought this was going to contribute to it. She went on to say that it's on very broad philosophical basis that she objects to it. Supervisor Desch asked if there was any other business to be discussed. Town Attorney Barney replied that there were a couple of local laws that the Board might wish to set public hearings for. One is the environmental review regulations. The SEQR regulations, by the State, were revised this suitiner and the Town's regulations should be brought in conformity with those and we put together a packet of the new environmental regulations draft. There are two versions here, we did this to try and make it a little more easy to follow. The top version has the "marked outs" and the bold face language vdiich is new language so you will have seme idea v^t the changes are. Attached is the version which would be adopted if the Board so agrees. He wondered if the Board wanted to set the date for a public hearing now or just sit on it for a month. Councilwcman Raffensperger asked, if we set a public hearing and for example she has a great deal of interest in sane of the Type I levels, we set a public hearing and want to change any of those we just have to do another pi±)lic hearing, right? Town Attorney Barney replied, right. Councilwonan Raffensperger questioned, then v^y set it so soon? Supervisor Desch suggested that the Board try to be ready to set the public hearing date at the February meeting to adopt at the March meeting. Be prepared to bring your changes to the February meeting. Town Attorney Barney went on to say that we had seme discussions instituted in part by the fact that we are seeing a tremendous number of applications, the Planning Board is inundated, the staff is inundated and the fee structure v^ch the Town has been operating under for approval of subdivisions, etc., has been imchanged since the original subdivisions were adopted back in '78 or '79. We have put together a proposed resolution amending those regulations largely in conjunction with the fee structure. We have also added satie language suggesting that $40.00 fee be instituted v^enever a public hearing is required. And we have also suggested seme language that ties the violation sections into the Town Law sections so they are the same as the Zoning Ordinance. When we originally drafted this at a staff meeting, he stated that he was going to suggest that we specify that the violations in the Subdivision Regulations would be a specific form of misdemeanor. When we went back and did seme research on it he felt it made more sense to type it into Town Law v^ch has an escalating series of penalties for repeated violations. He also felt that after reading Town Board 36 January 11, 1988 Section 268 of Town Law, the actual penalty provisions also shoiild be adopted by ordinance and he has drafted an ordinance, however, that part did not get done today but that he would get it to the Town Clerk for circulation. Supervisor Desch replied, it might be appropriate to hold a public hearing on this item in February. It's irrportant with the spring development activities to have them in place as soon as we can. Town Attorney Barney noted that years ago the Subdivision Regulations delegated to the Planning Board the ability to adopt Subdivision Regulations and they have to hold the public hearings on this, then they cane back to the Town Board for approval. Because of the fees, he stated that he was a little concerned about the Planning Boaird setting the fees and he felt this was really a Town Board function and that should be done by ordinance. Supervisor Desch asked if the Planning Board had set the date for a hearing yet? Town Planner Beeners replied yes, January 19th. Supervisor Desch remarked, if we set the hearing for the ordinance and have an agenda item to consider adoption of this at our February meeting then that would be consistent. Town Attorney Barney replied, yes. RESOLUTION NO. 19 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and ^ conduct a public hearing at 7:15 P.M., on February 8, 1988 to consider the adoption of an ordinance setting fees for S\:ibdivision processing and enforcement of violations of the Subdivision Regulations. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Supervisor Desch noted another item coming out of the Codes & Ordinance Connittee a recommendation having to do with the Zoning OrddLnance amendment, the wording of non-conforming use provision. He asked the Board manbers to bring that to the meeting next Tuesday noon to see if it's feasible to set a public hearing for the February meeting. Councilman McPeak noted that he and Councilman Cardman were on the committee to negotiate the Youth Bureau contract and that some of the information was missing and that they could not negotiate without this information. Some of the costs are outlandish, siting an example of five people making the cost $13,000. Coimcilman McPeak questioned, we will have more information then before we begin negotiations? mm Supervisor Desch replied, you need more information before you can negotiate but he wasn't sure we would get it from the City. ADJOURNMENT The meeting was duly adjourned. Town Board j 37 January 11, 1988 wn Clerk n