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HomeMy WebLinkAboutTB Minutes 1989-03-13TCWN OF ITHACA REGULAR BOARD MEETING March 13, 1989 At a Regular Meeting of the TCwn Board of the Town of Ithaca, Tonpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 13th day of March, 1989, there were: PRESENT: ALSO PRESENT: Noel Desch, Supervisor Henry McPe^, Councilman Shirley Raffensperger, Councilwcanan Robert Bartholf, Councilman Patricia Leary, Councilwcman David Klein, Councilman John WhitcoTib, Councilman John Ozolins, Highway Superintendent John Barney, Town Attorney Mary Call, Board of Representatives Fred T. Wilcox 111, Juniper Drive ^^nrtle Whitcarb, 233 Troy Road Bill Hilker, 277 Bums Road Herary Aron, 106 Woolf Lane David Carr, 674 Coddington Road Ralph lacovelli, 240 Pennsylvania Avenue Celia Bowers, 1406 Trumansburg Road Athena Grover, 1486 Trumansburg Road William Grover, 1486 Trumansburg Road Margaret Gibson, 1488 Trumansburg Road J. S. Ainslie, 245 Hayts Road Doria Higgins, 2 Hillcrest Drive A. M. Chambers, Holt Architects Scott Lucas, East Boothbay, Maine Jack I^an, 260 Hayts Road W. S. Joyce, 1416 Trumansburg Road Rosalind Grippi, 423 East Seneca Street Kinga Gergely, 106 Juniper Drive Gene Ball, 1317 Trumansburg Road G. J. Vignaux, 1470 Trumansburg Road S. Auble, 250 Troy Road PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance, REPORT OF TCWN OFFICIALS Supeirvisor's Report Draft Consent Order - Oil Spill Supervisor Desch stated that we have received from DEC a draft consent order which makes reference to a fine of $30,000 \^ch is proposed to be suspended pending our clean up of the spill and construction of a public water supply to the residence. We will be meeting with DEC to discuss the order and the progress being made. The suspect tank has been removed, found to be sound but a possible crack in one of the fuel lines was found. The recovery system will be installed within the next month. On going Town costs involve the operation of the recovejry system and the charcoal system on the Town Board Minutes 2 March 13, 1989 well so we have a significant incentive to move forwsird on the plans for public water to this area. Executive Session Supervisor Desch stated that there was a need to have an executive session to discuss a matter of on going litigation, namely the Cornell Quarters sprinkler matter. Permanent Financing 1987 Water/Sewer Supervisor Desch noted that all of the transactions have been caipleted. We will gain about $6,500 additional interest on the BANS not due until May since they were borrowed at 4.85% and the earning rate is now above 8%. Highway Superintendent's Report John Ozolins, Highway Sr^jerintendent reported on activities for the month. He stated that they had gotten the Gradall back and the actual cost was less than estimated. Most of the month was covered by general repairs, around the garage on the vehicles and then cutting brush, filling pot holes, cleaning culvert pipe. Street sweeping is tentatively set for 17th to the 28th of i^ril. He stated he had one sweeper reserved but hoped to be able to rent a different one that has a brocm and a vacuum. Paving, depending on the weather, he hoped to start that on the first of May. Culvert repairs need to be done, hopefully in last March early i^ril time frame. The Highway Superintendent reported that the Parks Department, in the last month, has been working on snow removal, a little bit of trinming and removing of brush they cut earlier in the year but did not have time to pick up. PESOLUTIOJ NO. 50 Motion by Councilman M::Peak; seconded by Councilwcanan Raff ensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize John Ozolins and Carolyn Dickens to attend the Dunn & Bradstreet Lotus Class on May 9, 1989 at the Sheraton Inn, Ithaca, New York at a cost of $125 each. (Desch, McPeak, Raff ensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). Building Inspector/Zoning Officer's Report Building Inspector / Zoning Officer Andrew Frost reported that construction activities ccnpared to Febiniary 1988 is down a bit. The 31 permits issued are primarily for educational purposes, the Cornell Quarters project. There were three Certificates of Corpliance issued in February, three new conplaints were investigated and have five ccn^laints that are still unresolved from 1988. We made 62 field visits, 39 code inspections and two fire safety inspections. Town Planner's Report Town Planner Susan Beeners reported that there will be an introductory public meeting with the Catprehensive Planning Consultant on March 28th at 7:00 P.M., at National Cash Register. A box ad will be irun in the Ithaca Journal for two days to notify the public. Town JBoard Minutes 3 March 13, 1989 The Town Planner reported that the Planning Board had a presentation of the City's Master Plan vhich she wanted to show the Board very quickly so they could at least say they have seen it. The Master Plan shows proposed types of classifications and open space reservations. She noted that of interest to the Town was the collector roads. She noted that she and the Assistant Town Planner have been attending the meetings. Si:5>ervisor Desch asked about the status of Route 96? The Assistant Town Planner replied, they really haven't addressed it. Supervisor Desch asked how you could have a Master Plan for West Hill and not address the Route 96 problem. Town Planner Beeners replied, she thought they had been mostly looking at the Hector Street circulation. Assistant Town Engineer's Report Erik Whitney, Assistant Town Engineer reported that with Phase III water and sewer on the East Shore Drive project, right now they were setting fairly comfortable with the permits obtain from Conrail, DOT and DEC and expect a permit from the Department of Health next month. We have roughly 1,300 feet of force main in the lake shore at the present time. Construction is scheduled to resume on the 27th of March v^ien the availability of the Conrail inspector permits. He noted that it was going to be necessary to add seme air relief valves along the pressinre main at the hi^ points to satisfy the Health Department and to insure that the flow c^)acity of the line is maintained. The Assistant Engineer went on to say that as far as Phase II, Taughannock Boulevard water and sewer survey, the project is completed except for $2,000 worth of restoration work v^ch the contractor will complete as soon as the blacktop plants open in April. Phase I water and sewer vMch was held up because of the detour on Canpbell Avenue, construction is due to resume on the 17th of April. The project should take a week and a half to finish. The Infiltration/Inflow Studies on the Northeast sewers is continiiing and we are ready to start Phase II of that study. The legal survey of Dates Drive should be ready for Town Board approval in i^ril, the survey has been completed. We have also performed various inspections and sewer pressure tests of mains on the Chase Farm Subdivision, Poyer Subdivision, Winner's Circle Subdivision and addressed problems on drainage and lighting. Report of Board of Representatives Mary Call reported that she had twD things from the Warren Road area, between Hanshaw and Uptown Village. One is a request to have the speed limit lowered between that block on Hanshaw and Uptown. She asked vhat the procedure would be? Supervisor Desch replied, the Board would need to adopt a resolution requesting the State to reduce the speed limit. We will put this on the i^ril agenda. Mrs. Call went on to say, the other thing in is this area is the possibility of a sidewalk down the East side of that section. She stated that she knew the Town Planner was working on this and asked vdiat the status of it was? Town Board Minutes 4 M^ch 13, 1989 Supervisor Desch replied, Jim Cazda was supposed to put a series of stakes where the edge of the County right-of-way is. Mrs. Call replied that she had talked to Jim. She asked if this was the very first thing that had to be done? Supervisor Desch replied, that is v^at Jim said the next step would be. The concem was, should it cone within the County right-of-way and if so that means a certain set of conditions or should it be outside the right-of-way and if it's outside the right-of-way vhat does than mean in terms of front yards, trees, etc. Vte went away frcan the meeting with the assumption that Jim was going to put stakes every 200 feet so that people would know vhat the inpact would be. Mrs. Call went on to say that the County was doing a transportation survey study vhich incoiporates all the providers of transportation. This includes the City, the County, the TomTran system, all of Cornell system. Gadabout and all private providers and look at vte is using the transit system and \dio is not using the system and hopefully look at vhat could be done to impact traffic. We are looking at vtet we have, how could v^ use it better and vdio is going to pay for it, and vtet needs to be provided. Mrs. Call reported that Beverly Livesay and Deborah Dietrich are both in Albany fighting against the Governor's budget for many things including the projected cuts in Youth Services. CONNECTION OF MCMCEY RUN TO SEWAGE TREATMENT PLANT Supervisor Desch remarked that basically the district is a long narrow district vdiich includes the NYSEG facilities and also runs from there along Route 13 to include the new armory and the commercial facilities along Route 13. This is a procedure required by our Intermunicipal Agreement vhen a service areas is changed, to have each of the governing bodies approve it. RESOLUTION NO. 51 Motion by Councilvonan Raffensperger; seconded by Councilman Bartholf, WHEREAS, the Tov^ of Dryden has formed the Monkey Run Sewer District and vd.shes to connect said district to the Ithaca Area Wastev^ater Treatment Plant, and WHEREAS, part of the district falls outside of the service area of the Ithaca Area Wastev/ater Treatment thereby requiring the owners of the plant to make such connections, and WHEREAS, the Town of Dryden has purchased sufficient capacity to serve the Monkey Run District, NOW THEREFORE BE IT RESOLVED, that the Tovm Board of the Tovm of Ithaca upon the unanimous reccmnendation of the Special Joint Subccaxmittee hereby approves the connection of the Monkey Run District to the Ithaca Area Wastewater Treatment Plant. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). ASSOCIATION OF TOWNS REPORT Town Board Minutes 5 March 13, 1989 Supervisor Desch stated that the Board had a copy of the material he was able to gather from the various sessions that he attended. Councilman Bartholf remarked that he had all of the resolutions that were adopted. Councilwcman Raffensperger stated that she had seme information on SEQR procedures for rezoning. Sie stated that she had seme notes on it that she would be glad to share, including the fact that we can set up a separate file and charge off the Attorney's fees to the developer. REAPPOINIMEM' OF GLORIA HCWEUi TO BOARD OF FIRE COyiMISSIONERS RESOLUTION NO. 52 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby reappoint Gloria Howell to the Board of Fire Ccmmissioners. (Desch, McPeak, Raffensperger, Bcirtholf, Leary, Klein and Whitccmb voting Aye. Nays - none). SELECTIOSr OF ENGINEER FOR 1989 WATER AND SEWER IMPROVEMENTS Supervisor Desch ronarked that virtually all of the proposals were very well done. He went on to say that his rationale for hiring the two firms were: Primary basis for reconmending Steams & Wheler for the Inlet Valley, South Hill and West Hill iitprovenents: (1) Proven record of work for City and Town of Ithaca. (2) Existing Data base available from 1984 Water Master Plan. (3) Solid working relationship with City and Town engineering staff and local regulatory agencies. (4) Low direct cost and lew ccaranitment of Town forces cost. Primary basis for reccmmending Lozier for West Hill service area study: (1) Knowledge of hydraulics of West Hill network (i.e., they did Cliff Street Puirp Station renovation). (2) Thorough approach delineated in proposal in relation to Town perception of task. (3) Experience with CIP's. (4) Low direct cost and low ccmmitment of Town forces cost. Supervisor Desch noted that there was no actual conmitment to do any detailed engineering, we will have to see v^t the budget looks like on these irrprovCTients before we decide how much or how fast to go forward. Councilwcman Raffensperger asked, v^t portion of this are we authorizing tonight? Supervisor Desch replied, we are authorizing that for Steams & Wheler and that for Loziers. Once the engineering report is done, for instance, on Inlet Valley then we have to decide if we are going to go ahead and do the project and then we may open it up again to other engineers or doing it in-house. RESOLUTION NO. 53 Town Board Minutes 6 March 13, 1989 Motion by Councilwcsnan Raffensperger; seconded by Councilman McPeak, WIEREAS, the Town has received 8 proposals from Engineering firms in response to the RFP dated February 16, and WHEREAS, Town staff and the Town Supervisor met with each of the firms submitting proposals prior to the suhmittal, and WHEREAS, the staff and Town Supervisor have evaluated and rated each proposal, NOW THEREFORE BE IT RESOLVED, that the firm of Steams & Wheler be selected to perform the engineering study of the Inlet Valley, South Hill and West Hill services expected to beccroe the 1989 Water and Sewer Iirprovement at a fixed price of $5,000, and FURTHER RESOLVED, that the firm of Lozier Engineers be selected to perform the study of the new West Hill Service area at a fixed price of $12,800. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomb voting Aye. Nays - none). CERTIFICATE OF COMPLIANCE Town Attorney Barney stated that, in passing out a proposed Certificate of Corpliance, he still had seme refinements that he would like to make and proposed it be put on the J^ril agenda for final consideration. WATER AND SEWER BENEFIT ASSESSMENT REFUNDS RESOLUTICaj NO. 54 Motion by Supervisor Desch; seconded by Councilman McPeak, WEffiREAS, the Mayers School, as a separate tax parcel in 1989, was charged for 15 imits on the basis of the population of the entire building, and WHEREAS, part of the same building is owned by J. Ciaschi and is a separate tax parcel that was charged 3 units, the same amount as the entire parcel was charged when owned by Cornell, and WHEREAS, the actual Mayers parcel on the basis of population should have be^ charged 8 units and the Ciaschi parcel on the basis of population should have been charged 7 \mits, NOW TEffiREFORE BE IT RESOLVED, that the Mayers School be credited for 7 units of water and 7 units of sewer, total refund of $882. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcatib voting Aye. Nays - none). RESOLUTION NO. 55 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, WHEI^EAS, the property at 1536 Slaterville Road no longer contains an apartment, as verified 1^ the Assistant Building Inspector, and WEJEI^EAS, the 1989 Taxes on this property have been paid in full. Town Board Minutes 7 March 13, 1989 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of 1 unit of water at $64.00 and 1 unit of sewer at $62.00, total refund of $126.00 be made to Wendy Wallitt, 1536 Slaterville Road, Ithaca, New York. Tax Parcel No. 6-56-3-8.2. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccarib voting Aye. Nays - none). Supervisor Desch ranarked that he had a third refund vMch was a lot on Woolf Lane v^ich was miscalculated. It was a strange shape lot and the frontage noted on the tax map goes around a curve so it is actually much longer than the frontage should be calculated. Calculating it on a straight line instead of the curve you end up with 215.8 feet instead of 255 feet. So instead of it being 2.25 units water and sewer it should be 2.05 units of water and sewer. RESOLUTION NO. 56 Motion by Supervisor Desch; seconded by Councilman Klein, WHEREAS, Richard Bennett, 104 Woolf Lane was charged 2.25 units of water and 2.25 units of sewer, and WHEREAS, Mr. Bennett should have been charged 2.05 units of water and 2.05 units of sewer, and WEffiREAS, Mr. Bennett paid his 1989 Town and County Taxes in full on January 30, 1989, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herety authorize a refund of $12.40 for water and $12.40 for sewer, total refund of $25.20 be made to Richard Bennett, 104 Woolf Lane, Ithaca, New York. Tax Parcel No. 6-23-1-8. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccnib voting Aye. Nays - none). PERMANENT STATUS OF HIQEWAY DEPARTMENT AEKENISTRATIVE ASSISTANT RESOLUTION NO. 57 Motion by Councilman Whitccmb; seconded by Councilman Bartholf, WEffiREAS, Carolyn Dickens has been filling the position of Administrative Assistant in a teiiporary status, and WEffiREAS, she has been in the position for six months and performed superbly, and WEffilffiAS, her efforts have resulted in closer monitoring of work effort and improved record keeping in the department, NOW THEREFORE BE IT RESOLVED, that the Tbwn Board of the Town of Ithaca hereby appoints Carolyn Dickens as permanent part-time Administrative Assistant to the Highway Superintendent at her current wage and hours. (IDesch, McPeak, Raffensperger, Bartholf, Leary, Klein and WEiitccmb voting Aye. Nays - none). PROMOTION OF HIOEWAY EMPLOYEE FROM LABORER TO MEO Town Board Minutes 8 March 13, 1989 RESOLUTIOSr NO, 58 Motion by Councilman Bartholf; seconded by Councilman McPeak, WHEREAS, Ray Manning successfully tested and demonstrated proficiency on all required equipment, and WHEREAS, his exemplary initiative and performance have resulted in the expeditious completion of many tasks, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve the promotion of Ray Manning fromi laborer to MEG, the effective date of the promotion is February 13, 1989 with a salary of $9.30 per hour. The money is available in the Highway Budget to meet the increase in salary. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomib voting Aye. Nays - none). WATER ACCOUNT REFUNDS RESOLUTIOJ NO. 59 ^totion by Councilman McPeak; seconded by Councilman Bartholf, WHEREAS, the customer at 104 Joanne Drive paid the December water bill twice, once on the regular billing and once on the final billing, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $57.00 for water, $5.69 water surcharge, $29.15 sewer, $3.99 sewer surcharge and $9.65 penalty, total refimd of $105.48 be paid to R. James Vanduren, 16 Town Line Road, Groton, New York 13073. Account Number S-1123. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomib voting Aye. Nays - none). RESOLUTION NO. 60 Motion by Councilman McPeak; seconded by Councilman Whitcomib, WHEREAS, the customier at 21 Fairway Drive paid the Decemiber billing twice, once on the regular billing and once on the final billing, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 water surcharge, $.82 sewer, $1.44 sewer surcharge and $2.48 penalty, total refund of $27.31 be made to Vam Brothers Construction, 471 Midline Road, Freeville, New York 13068. Account Number V-4080. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomib voting Aye. Nays - none). STATE LEGISLATURE WITH RESPECT TO STATE AID FOR SEWAGE TI^IMENT OPERATIONS Sipervisor Desch noted that the Board members had a draft resolution with respect to another item in the Governor's budget having to do with the elimination of sewage treatment plant operation and maintenance aid. This resolution was the one that the City Board of Public Vforks adopted. Town Board Minutes 9 March 13, 1989 RESOLUTION NO. 61 Motion by Councilwcxnan Raffensperger; seconded by Councilman Klein, WHEREAS, the New York State Conference of Mayors has notified the Mayor of the City of Ithaca that Governor Cucrao has recotmended the phase out of sewer O&M Aid over the next two (2) years, and WEiEREAS, this would result in the City losing approximately $100,000 per year \diich would have to be made up by the rate payers, and WHEREAS, O&M Aid is irtportant to the Town of Ithaca as a joint owner of the Ithaca Area Wastewater Treatment Plant, NOW THEREEXDRE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby goes on record as opposing this phase out of aid, and FURTHER BE IT RESOLVED, that our State Senator and Assemblyman be made aware of this opposition by the Board. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomb voting Aye. Nays - none). PROPOSED ROAD, TRAIIWAY AND OTHER PUBLIC FACILITIES IN JOHN TILITZ lO-LOT SUBDIVISION AT 1445 TRUMANSBURG ROAD Town Planner Susan Beeners stated that the proposal was for acceptance of the proposed road, proposed water and sewer lines and a proposed twenty foot wide utility right-of-way and trail vAiich would be deeded to the Town. The cost of the construction of the trail plus the twenty foot right-of-way would essentially equal the 10% open space dedication. The Planning Board felt this would be appropriate. Councilwcman Raffensperger asked, how long is the road and is there no outlet? Town Planner Beeners replied, the road is less than 1000 feet. There is shown a future possible road extension in the North of the parcel v^ch is the long range could either provide access to the lands to the North of it or it could possibly connect with the Westwood Hills road system or the Poyer road system. RESOLUTION NO. 62 Motion by Councilman McPeak; seconded by Supervisor Desch, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the proposed road, water and sewer lines and twenty foot wide utility and trail as proposed for the John Tilitz ten-lot subdivision at 1445 Trumansburg Road, Parcel NO. 6-23-1-29. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). REAPPOINTMENT OF REPRESENTATIVE TO THE TCMPKINS COMMUNITY HOSPITAL CORPORATIOJ RESOLUTION NO. 63 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, Tdwn Board Minutes 10 March 13, 1989 WHEREAS, in 1987 the Town of Ithaca aj^inted Judith S. Ogden to a two year tern as the Town representative on the Tcnpkins Ccmnunity Hospital Corporation, and WHEREAS, Ms. Ogden has esqjressed interest in continuing as the Town's representative, WM THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby reappoints Judith S. Ogden as a member of the Tonpkins Corarnunity Hospital Corporation. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). EASTWOOD COMMONS AREA SPEED LIMIT RESOLUTION NO. 64 Motion by Councilman McPeak; seconded by Councilman Whitconib, WfJEREAS, the Eastwood Cannons Association has requested an area speed limit reduction to 20 MPH, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby request New York State DOT to consider the reduction in the area speed limit to 20 MPH for the Eastwood Canmons Development. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitconib voting Aye. Nays - none). FINANCIAL REPORTS Motion by Coimcilwotian Raffensperger; seconded by Coimcilman Bartholf, RESOLVED, that the Town Board of the Tcwn of Ithaca hereby approve the Deceirber 1988 and January 1989 Financial Report, as presented. (Desch, McPeak, Raffensperger, Bartholf, Jjeary, Klein and Whitccmb voting Aye. Nays - none). DETERygNATiaN OF NEGATIVE ENVIRCMIENTAL SIGNIFICANCE ON SOUTH HILL TRAIL Town Planner Susan Beeners remarked that as the Board might be aware, there was a public information meeting on March 1st at NCR. The type of concerns that were expressed by the people who attended that meeting as well as viiat has been received in writing deals with the degradation of c\irrent long standing uses of the trail for trail bikes, snownnobiles also questions about the proximity of the trail to adjoining homes especially towards the Western end near Pennsylvania Avenue. As far as those general complaints, it shoxild be acknowledged and she felt it had been acknowledged, that all of this was described in the revised EAF that the Board members have. The trail would prohibit use by trail bikes and snowmobiles, there would be, as she understood it, be no prohibition against having people vto own property above and below the railroad right-of-way from crossing that with their snowmobile or trail bike if they would want to. With respect to the Pennsylvania Avenue proximity problem, there is at least 30 to 35' distance between the trail and the bac^ of the houses. There is at least a 15' elevation difference between those homes. If you are on the right-of-way. Town Board Minutes 11 March 13, 1989 the houses on Coddington Road are about 15' higher and the houses on Pennsylvania Avenue are about 15' lower. It appears, to her, that the concerns about having IC students short cutting and throwing trash around these people's yards can be mitigated putting up fencing where we need to but especially hy planting and svi^plonenting fairly dense brush plants that are along in that section. The Town Planner went on to say that at present there is no mechanism for enforcement of or taking care of trespassing problons in that area. If it was a Town trail there would be the ability for people to call the Sheriff Department or Park Department. She felt there would also be more monitoring of trail activities by the regular trail users vtio would be on it. Other concerns included v^y do we need an 8' trail, vdiy do we need a oil and stone trail in one section and vdiy do we need a 60' to 66' right-of-way for trail construction? There seemed to be some objections to having vdiat is now a very rural type of a path through there widened to something like Game Farm and Honness Lane at the present time. We do think that widening will be necessary to have an 8' trail. The Honness Lane trail now has a distance of between six and twenty feet between the brush and trees at the closest points. There is an eight to nine foot oil and stone path within that. We have three feet of grass margin on each side v^ch we mow. On the Game Farm Road we have twenty feet, the narrowest point between trees. That road-like affect that is on both trails, we don't see having to happen here. We expect that after construction a width of eleven to twelve feet on the trail would be maintained. That's a big reduction, a eight foot reduction from what is there now. Staff reccramends that the trail be eight feet rather than the six feet that people have suggested to allow for adequate maintenance of the trail, to allow for life safety vehicles to get in, such as the light rescue truck the Fire Department recently purchased. That ability to have seme kind of vehicle access in there vdiich we feel can be controlled through the proper kinds of barricades will in the long range give both the users of the trail and she felt the abutting property owners, vdiether they be City watershed lands or private a better handle on how to maintain and manage watershed lands. Six feet would not be an appropriate width to go, mainly because it would rule out that life safety access v^ich currently there are now. It is a big chore to get people rescued down in the reservoir area. There has been some concern that the review take into full account any implications or any possible other use that the 66' could have. 66' for a trail would allow the Town to keep a buffer area, to actually maintain as woodland a full 66' width, it would allow us to coordinate with private property owners that live on the trail route as far as putting landscaping and signage probiting access onto private lands, right along the property lines instead of having to do it that way within the 66'. Because we are tying to curve the trail within the 66', pretty much as it is at the present time, it would not be a siitple matter of being able to get a, let's say, a twenty foot easement based on the center line. There would be seme pretty heavy costs of surveying the exact trail route if we were not able to use v^t is a very hand, at the mcment, property delination such as the NYSEG right-of-way. The Town Planner went on to say that vMle it should be acknowledged that a sewer line could be run within the existing 66' right-of-way vMch has an established cinder bed, it has established drainage structures, that and also ideas of possible roads she did not feel really should ccme into play in the consideration and review of the trail project because there is not enough known about those, there are no plans that we know of that we would be able to access on those itotis and also given the ongoing ccmraunications, discussions between the City of Ithaca and Town staff as well as thing that have occurred previously just Tov/n Board Minutes 12 March 13, 1989 through Town history the past 10 years it would appear that there was enough of an itrplied policy regarding watershed lands, conservation, so that any possible future application by a developer for sewer line extension or roads construction or for any other land use in that Six Mile Creek corridor would have to go through pretty strong scrutiny, environmental review. It did not appear to her to be appropriate to encimiber this trail project with seme kind of a long range feasibility study for the entire corridor. The Town Planner remarked, a point about vdiether the trail surface should be just cinders or oil and stone as they have proposed. The section, on the Sincebaugh property, between the lower Therm switchback and the upper NYSEG right-of-^ay does not have any cinders at present, there is an old railroad bed that they could work with as far as materials go. Cinders are extremely hard to get at the present time. Cornell used to have an unlimited supply but they don't have them anymore. That portion of the trail would have to use a stone base in order to do it. Oil and stone was suggested, that it actually be oiled so that we would have a provision for possible future snow plowing if ccramiter traffic, people biking in the winter time or v^tever, to get downtown became a need. She felt this covered the main point and that this was an unlisted action, people have been asking her about that. Unlisted and a long form review was completed, you have received seme supplements not only within the text here but also example of materials that were shown at the Public Information meeting, the proposed amendment to the Bikeway Law to close the trail during deer hunting season. The City, last March and /^ril. Planning and Development and the Board of Public Works, Conservation Advisory Council all had opportunities for review of the project. Planning and Development actually passed a resolution endorsing the application by the Town for this project. Recently certain people have brought up again to her, isn't the City involved in this as an involved agency under SEQR? She stated that there was nov^ere that staff here nor initially the City staff can tell \^y they would be an involved agency imder SEQR. However, because they are an interested agency because there seoxis to be this legal question she had forwarded the application to Jon Meigs asking for the City's concurrence that the Town Board act as lead agency for environmental review of this project. It was requested that that infonnation be supplied within the City Environmental Review time frame. However, she expected they might not hear a response frcm the City until Ccmnon Council has met on ^ril 5th. With respect to that, it might be well for the Town Board to defer making any final determination until a response is received from the City. Supervisor Desch asked, how wide is the path along Six Mile Creek frcm Van Natta's Dam East? Bill Hilker replied, about six feet. Four to six feet varying depending on how steep the bank is. Supervisor Desch replied, that's now surfaced in any way is it? The reply was no. Councilwcman Raffensperger asked if there would be signs at places vhere trail bikes and snowmobiles would be permitted to cross? She stated that she was concerned about the safety of unexpected motorized vehicles crossing v^at is basically a pedestrian and bikeway, would we sign that? Town Planner Beeners replied, there would be signs that pedestrians have the right of way. She thought that a sign "Caution ^fotorbike Crossing", would be ajpropirate. Town Board Minutes 13 March 13, 1989 Councilwcman Raffensperger replied that she wondered if the Town could restrict the areas v^ere they might cross? We can look into that down the road. Assistant Planner George Frantz replied, there are existing trails that cut across the road bed now vAiere we could put seme sort of signage there and let the people on the machines know that they are coming to the trail so that they could slow down. Bill Hilker, 277 Bums Road remarked that the Town Planner started talking about hunting then juirped off and he never did hear any recoaranendations or anything else. Town Planner Beeners replied, we are reconmending that the Bikeway Law be amended to include a prohibition, the closure of the trail during the deer hunting season every year. Mr. Hilker asked, jtist the gun season not the bow season? Town Planner Beeners replied right, you would usually be close enough, hopefully if you were a good hunter. Mr. Hilker replied, as long as you are not prohibited from bringing the deer out. Ihat was his question, not the danger in bow hunting, definitely now, just so there is some provision for bringing the deer out. David Carr, 674 Coddington Road remarked, there seems to be a concern for the deer v^ch he was also concerned about. He asked if it had occurred to anyone that all of the pedestrians and bikes could upset the deer also, more than they have been? He went on to say, if you are going to close it for hunting season let's close it the 15th of October until the first of January. There is small game season. Supervisor Desch replied, v^y would you need to close the trail, are you concerned about safety or scaring the animals? Mr. Carr replied that he would not like to see anyone injured. Town Planner Beeners replied, in speaking with the DEC Officer in Cortland, he suggested its really the deer shotgun seasons that is the time v^en there were possibilities of conflict. Supervisor Desch replied, there used to be quite a few people v^o would small game hunt, using that right-of-way. He asked if anyone could see a problem with that continuing? Mr. Carr replied yes, because one of the restrictions on the trail is to restrict people, hunters, fran walking on the bikepath. Frcm point "A" to point "B" even though he crosses 90 degrees to hunt on the adjacent property on the lov^r side or vice versa sometimes you might want to walk on the trail. Si:55ervisor Desch replied there are a couple of questions, one is if it's a compatible use and he was just thinking of it in terms of \diat he remembered in being there and seeing people walking and secondly the Town would need to determine fran our insurance carrier vtet the inplications are. They may not be significant or they may be. Town Planner Beeners replied, right now the Bikeway Law does not permit any passage by hunters. Mr. Ceooo replied, this trail is not a bikeway yet. Town Board Minutes 14 March 13, 1989 Supervisor Desch replied if it is done, and the current law governs then there is a prc±)lQn. Mr. Hilker remarked, the current law prohibits downhill skies, skateboards. It prohibits everything except jogging and bicycling. Supervisor Desch raiarked, at the public information meeting we discussed what sections mi^t be applicable in terms of closing the trail during hunting season, we didn't arrive at a decision. There really shouldn't be much active hunting frcm Northview West anyway. Different rules may need to be applied to certain sections of the trail. Mr. Carr stated that he had two questions and a summary. He remarked, there will be no vote taken tonight, right? Si:53ervisor Desch replied that he was going to suggest that Bill Hilker or David Carx or any others vho have issues that they would like to discuss to do that individually with the Town Planner between now and the April meeting v^en a decision would be made so that the Board could narrow down the areas of differences. Mr. Carr questioned the appendix attached to the SEQR \^ch was written on March 9th, there are quite a few places where it was reworded and rewritten. He asked if this had to be sent to the State? Supervisor Desch replied no. The State agency that funded it do you mean? Correct me if I'm wrong but once it is adopted it will go with the documents. Town Planner Beeners replied, the State as far as we can tell, the Office of Parks and Recreation is really the only involved agency under SEQR and they have been notified, they received the old leview and we have sent them the new review. Si:ipervisor Desch asked, is it your question that the funding agency or seme other State agency have to approve the SEQR? The answer is no. They have the right to ccmment but it is a local decision. Mr. Carr remarked, again there were 66 signature on the petition and he hcped the Tcwn Board would take into consideration those v^o are opposed to it, mostly being land owners adjacent to it. The response, seared to him, that the Board did not consider this as much of an impact on it. Like the Sprinkler Law, a little bit more work needs to be done. He went on to say that he talked to Bonnie McCloud today and she told him there were four stages to get the easement from NYSEG that are in pi^ocess, the papers were just sent out the end of last week and it takes approximately five weeks for NYSEG to make their decision on ^^ther they are going to grant this easement or not. After speaking with her for a few minutes it appeared to him that she was quite concerned with the public input on this and she suggested that he gather up some people and go to NYSEG and set down with then and talk. He stated that he planned to contact her on Thursday and annoxmced that if anyone was interested in going with him he would make arrangements to meet with her and her superior in Binghamton. He stated that he was getting the feeling that they (NYSEG) were wondering about the public opposition more so than the Town. He went on to say, show me v^re this public hearing was held? Supervisor Desch replied, public hearing on \^t? Mr. Carr replied on the bike path, on putting it through. Where is it in writing, v^en was this public hearing held? Town Board Minutes 15 March 13, 1989 Supervisor Desch replied that he would ask Mr • Carr to show him vdiere the requirements were for a public hearing would be. Mr. Carr replied that he would have to dig through the pile of paperwork. Supervisor Desch remarked, you have to ^ow us the requirement law. You are saying in the SEC2R requirements that there is a reference to the public hearing having been held? Your basic question is, you want to know under v^at basis a public hearing was or was not held on the matter of using this property for a recreation trail? Mr. Carr stated that he had received papers but he did not have time to read through thorn before the meeting. He went on to say, dated Deconnber 31, 1979 Supervisor Desch, talking to the Town Planner remarked correct him if he was wrong but he assumed the reference to the public hearing is the reference that was made to the public hearing to update the Open Space and Recreation Plan. That was one in 1975 and one 1984. Bill Hilker replied, there was one 1975. Supervisor Desch asked, there wasn't one in 1984? Was there no reference in the '75 plan to the trail? Mr. Hilker replied, there is reference to the trail to effect that all people that will be irtpacted or a neighboring to it would be notified in adequate time by a pi^blic hearing or other means. Supervisor Desch replied, we will take a look into it. Mr. Carr remarked, that he was concerned with law enforconent and you have a different situation with the South Hill proposed path than you do with Honness Lane. It's directly adjacent to the Reservoir, it's directly adjacent to Ithaca College and he felt the Town should address those potential problems and give it seme deep thought before you decide this thing. He thought that the Board was going to find a law enforcement problem up there was going to be much greater if it is open to the pxjblic than if it is left the way it is. There are many, many people v^o are not even aware it is there. In surtmary he stated that he was worried about the public access being accessible from the City of Ithaca and the public knowledge of it being there. As the Town Planner pointed out a few minutes ago, there is a problan with rescue of individuals. First of all, they aren't supposed to be in there according to the City so v^y do you have to rescue them if they aren't supposed to be in there? The enforcement issue is one that is going to be of concern to a lot of people, it's going to be a real thorn in scmebody's side if it is godLng to happen. He stated that he had lived up there a long, long time and he hasn't seen as many problons as people have created in the last few weeks, all the years he had been there and he could anticipate many, many more by it being a public pathway versus it being privately owned as it is now. PUBLIC HEARING TO CONSIDER A LOCAL LAW REZCKENG TOWN OF ITHACA TAX PARCEL NO. 6-24-1-32 AND A PORTION OF TOWN OF IIHACA TAX PARCEL MO. 6-24-1-23 WITH ACCESS CmO TRDMANSBURG ROAD, 69 +/- ACRES TOTAL, FROM AN AGRICULTURAL DISTRICT TO A SPECIAL lAND USE DISTRICT FOR THE PROPOSED "INDIAN CREEK RETIREMENT COMMUNITY" Proof of posting and publication of a notice of a public hearing to consider a local law rezoning Town of Ithaca Tax Parcel No. Town Board Minutes 16 March 13, 1989 6-24-1-32 and a portion of Town of Ithaca Tax Parcel No. 6-24-1-23 with access onto Trumansburg Road, 69 +/- acres total, from an Agricultural District to a Special Land Use District for the Proposed "Indian Creek Retirement Ccannraunity" having been presented by the Town Clerk, the Supervisor opened the pi^blic hearing. Supervisor Desch asked Mr. Lucas if he would like to make a presentation? Mr. Scott Lucas stated that he was the developer of the Indian Creek Retirement Catmunity. He stated that viiat essentially they envisioned is a 140 unit retirement ccmraunity vMch would include both cluster development, an apartment style, and detached single floor duplex units. These would be units intended for people over the age of 54, 55. We are doing this in collaboration with Tcrapkins Conoraunity Hospital is going to provide an array of services for the project. Those services would include such things as snow and trash removal, security, maintenance. It would also include the availability of services for the residents including things like meals, housekeeping, a number of other life style related services not direct medical services, he assumed that if people needed direct medical services they would obtain them from the Visiting Nurses Association or home health agencies as they would anyvrfiere else. He stated that they saw this as a significant ccOTtamity need and they think that there is a donand there. He went on to say that they had been before the Planning Board a couple of times now. We are proposing viiat they feel is a reasonable density for the area, a density that allows the Town to begin to taper down from the R-15 density along the Trumansburg Road towards the Ulysses line. This is substantially less than an R-15 that we are proposing. We have combined the cluster and detached units to maintain an optimal amoimt of open space on the property. We think that it is a desirable project from a community standpoint, it's not a high iitpact project. It's not going to contribute a great deal of traffic to Trumansburg Road. We are assinning that we are not looking at a large influx of children into the school system. We are not looking at people who are going to be making large demands on itrunicipal services. We are looking at people v^o are going to be paying significant property taxes as they reside there. That in general is the project that we see and that he would be glad to address any questions. Doria Higgins, 2 Hillcrest read the following statement; "I am here as a resident of West Hill to ask that no rezoning be enacted by you in the Town of Ithaca imtil after the proposed coiprehensive plan is ccmpleted. It amazes me that you continue to contQtplate such rezoning after having gone to the troi±>le and expense of hiring a consultant to help with the task of ccmpiling and designing a ccnprehensive plan. It seems to me a very poor business strategy to go to such expense and then to undermine the proposed venture before it is well underway. I and many others on West Hill do not think the Lucas request for rezoning 66 acres from agricultural use to Special Land Use District for a retirement ccramunity on Trumansburg Road should be considered until after the ccnprehensive plan is conpleted. And I hope that the coiprehensive plan vdien finished will embody seme kind of provision for preserving agricultural land as agricultural land, provisions such as the land trust provision in Vermont and elsev^ere. If holding off on a decision about rezoning the Lucas land represents an inconvenience for Mr. Lucas it is iregretable, but Town Board Minutes 17 March 13, 1989 your basic concern should be for your own constituents and for vdiat is best for our coranunity. I am sadly aware that a large number of the entrepreneurial developers who are presently making such onslaughts on our area are from out of town and interested only in making a quick dollar. We vdio love Ithaca and live here are left to pay higher taxes for the loss of open green space and loss of natural beauty while the out of town entrepreneur retires elsev^ere. One other brief matter before I finish. I understand that the West Hill Neighborhood Association has asked you to support Mr. Lucas' pioposed rezoning of 66 acres. While I would hope you would give all such requests careful consideration I would not want you to be under the false irrpression that the Association represents all the residents of West Hill. It doesn't. There are many many residents such as myself \(^o are opposed to any rezoning being effected until after the comprehensive plan is completed." Jaok I^an, 260 Hayts Road stated that he bought the vtole left side of that land he has up there that boarders his property. He moved there about three years old to raise wild life until they are old enough to go out on their own. With his moving in next door there will be no way he can do it without relocating his home and bxisiness. He hoped the Board would take seme consideration and not put profit in front of wild life. Supervisor Desch asked Mr. I^an how far was his house from the back lot? Mr. Ryan replied, 50 feet from the property line. He went on to say that he tried to buy scrae of the land from Babcock and he refused to sell it to him. Supervisor Desch asked Mr. I^an how many acres did he have? Mr. Ryan replied, 16.98 plus or minus. He stated that he tried to buy 10 acres and that he was totally against it imtil we can ccame up with something better than we have here all ready. Celia Bowers, 1609 Truraansburg Road stated that she would like to have the following letter that she wrote to John Whitcorb dated March 10, 1989 included in the record: "The manbers of the Executive Cannittee of the West Hill Neighborhood Association were startled to discover in part of the SEQR report that was complied ty Ms. Beeners on the Indian Creek Retirement Community on the Trumansburg Road that approving this development would increase the need for "neighborhood commercial space" on West Hill by 2,320 square feet. We would like to know: (a) vAiether increased commercial needs (in square footage or in general) have ever been mentioned for any other sizable town development within the last five years; (b) vdiether the Town Planner's SEQR report mentioned commercial space for the Deer Run development or the development at the comer of King Road and Coddington Road on South Hill. Both of these developments, we believe, are as large, or larger than, the Indian Creek Retirement Community and are much farther from existing services. (c) v^y the Town Planner thinks that the home-owners in this Town Board Minutes 18 March 13, 1989 retirement catinunity cannot use the existing services, e.g., Jacksonville Village Market, The Cut-up, Pete's, Tops and Wegmans, v^ich current residents of the area find satisfactoiy for their needs. We very much regret having to inconvenience you with this burdenscme request, but as you eire aware this matter is ccming before the Town Board very soon and clarification of this issue is essential. Finally, to end on a more pleasant note, we would all like to extend to your our heartiest congratulations on your recent appointment to the Town Board. We fully supported you candidacy and we are sure that we will continue to do so in the year ahead." Mrs. Bowers stated that the West Hill Neighborhood Association feels the SEQR will have to be thrown out. We asked for information on three questions. We have supported Mr. Lucas and the numbers that he will be placing on this property are under the numbers allowed in R-30 zoning or even R-15 zoning. It does also seem to be an attenpt at affordable housing vdiich they support. However, we do not like the association of this project with ccnmercial development. Rosalind Grippi, 423 East Seneca Street stated that she would just like to make a corroent but she was not sure it was valid. She stated that she was a little disconcerted about the stretch of buildings fron one end to the other that ^e thought might be very prcminent from the main road, however, she could not judge the slope or v^ether it slopes up or not. She wondered if seme other design could be applied to that so that there wouldn't be the possibility of an unfortunate resemblance to, for example, a motel on that road. That it might be softened. She stated that she realized they all had views towards the Trumansburg Road but she wondered if that shouldn't be given more thought. Mr. Lucas stated that the design issues are difficult issues to deal with. We had a couple of goals and one of our goals was that in the apartment sl^le imits and ccramunity space that the two ends are anchored on that people would be able to have access internally especially in inclement weather. That obviously forces you into seme kind of a continuous structure. We are proposing that the buildings be place about a thousand feet back frcm the road. So we are not talking about something that will be sitting right up on the edge of the road vAiere it will be particularly noticeable to passerbys. Town Supervisor Desch asked the Town Planner to address the question on commercial. Town Planner Susan Beeners replied that she compared her putting in a statement about canmercial to her also mentioning under plants and animals that there is about 200 acres of wetland and forest to the West and North of this site. She would like to ask Mr. I^an a question and that is has he checked into buying some of the wooded wetland that is to the West \^ch will probably never be suitable for any development. Mr. replied, that he had no idea if it was for sale. He knew seme other people had tried to buy property up there and it wasn't for sale. The Town Planner continued, in the ccnmercial aspect the intention here was to point out that the additional residents would generate a need for about 2,300 square feet of ccnmercial space. There was no djitention to iitply that the local services, vhich are mentioned Town Board Minutes 19 March 13, 1989 in this letter, would not be suitable or that they would be suitable. The reason it is mentioned here in this project is because this is a substantial sized West Hill project. There is no available ccstimercial land at the present time on West Hill. Any other future large projects on West Hill or in any other areas where there is no ccramercially zoned land would most likely also have an assessment based on \^at is asked for in the SEQR Part II check list v^ere they do ask if the project will create a donand for any other services or facilities. Why it was not mentioned in the Deer Run project or the Coddington Road/King Road project that is iroitioned here, there is about 50 acres of ccmnercially zoned land on South Hill vdiich is already available for developnnent. Saneone in attendance asked if Mr. I^an could explain exactly vtot it is that he does? Mr. Ryan replied that he was licensed by the New York State Department of Environmental Conservation to raise wild life. Mostly he does raccoons, but also skunks, rabbits and squirrels small animals so he needed that type of habitat v^ere he was do that. He stated that it took him five years to decide to buy the place, it's a half mile off the road and totally ideal for v^at he does. Supervisor Desch asked Mr. if he didn't have a fenced in area? Mr. I^an replied, you can't fence in raccoons. Councilwoman Raffensperger remarked that at the last Planning Board meeting several house locations were moved in order to acccramodate some sort of such facility. She asked if this was the same one? Town Planner Beeners replied that she thought it was in response to Mr. Ryan's concern. There were three buildings shown in the Northwest comer v^ich were moved down to the Southeast part of the site necir the ccmnunity open space. She remarked that the Board should have both plans. Councilwanan Raffensperger remarked, so they were moved from this area? Town Planner Beeners replied, yes. As no one else present wished to speak, the Supervisor closed the public hearing. Councilwoman Raffensperger stated that she would like to e3q)ress her concern about the sentence that has aroused concerns and she thought it was because of recent history on West Hill. She went on to say, on the preceeding page under transportation there is also a statonent viiich rather balances that statement vdiich say "because most services for West Hill residents are and are expected to continue to be located in Ithaca itself most of the traffic we site is ejqjected to be oriented towards the City". So it seemed to her that in sane way that balances the concern about the opinion really that is expressed about the need for ccaranercial convenient service. And that is not specifically stated as being needed in that stretch of the Trumansburg Road. She asked the Town Planner if she was right? Town Planner Beeners replied, perhaps she had been trying to search for vAiat the more appropriate words would be. There will be based on that population an increase need for ccmmercial space but it is not meant to inply that there is a current deficiency. However, it is not meant to inply that there a current deficiency of 2,300 square feet that has to ccme up scmev^ere if this project gets Town Board Minutes 20 March 13, 1989 approved. You introduce that many people and that is the size of convenience space that would be needed to acccmmodate their routine needs. Councilvonan Raffensperger asked if it would be a reasonable thing to do within vAiat you just said your intent was, to say to serve the proposed additional project population in various ways? Can we add scmething there to indicate that this is not meant to apply to a specific piece of property or a particular three mile stretch of the Trumansburg Road? Town Planner Beeners replied, the proposed additional project population would need 2,300 square feet of neighborhood caxinercial space. Councilwonan Raffensperger remarked, that need vdiich may be met in a variety of locations. Does that somehow or other clarify it? Mr. Lucas asked if he could make an observation out the project? He stated that he understood the issue of commercial development on West Hill is touchy and he would prefer to avoid it, and not get drawn into that debate because there clearly are other issues. But it was not their e3q)ectation that they were going to be attracting people v^o are going to be captive to West Hill. We are providing garages and parkings areas and one of the services that will be available will be transportation services specifically aimed at enabling people to get to town to do shopping, to have doctors appointments in the inclement weather if they don't want to drive. He stated that he had no intentions of doing ccmmercial development in the West Hill and he shared the neighbors concerns about cotmercial development there and he would hope that the Board would mderstand as it deliberates that we have tried to take that into account in our planning for the project to minimize that in fact by providing easy access hopefully to existings services for people \dio live here. Councilman Whitcoiib remarked that he thought given the proximity of the project to the City and to other services on West Hill that 2,300 square feet of ccmmercial services really doesn't need to be mentioned in the SEQR, one way or the other. Supervisor Desch remarked, it really doesn't matter vAiether it's in or not. When you look at planning doctrine \dien you increase the population by one person you increase the need for ccmmercial space by a fraction of a point per square foot. He thought that was all the Town Planner was pointing out. Supervisor Desch stated that he would suggest the words, "but there will be an estimated need for 2,300 square feet of neighborhood ccnmercial space to service the proposed addition project population", take out the word "increased and remained" because they are scmevhat contradictory anyway. Councilman Whitccmb stated that in general he supports the concept of the project but he was concerned, as were the residents, about the rezoning question as to vhen it should be done. He noted that the Town has invested seme money into a ccnprehensive planning process and it may very well turn out that at the end of the process that he would reccmmend scmething of this nature be there. He felt the timing was wrong. Supervisor Desch remarked, that is a zoning question not a SEQR question. Councilman Whitccmb went on to say the impact on agricultural land resources, we talked about the net removal of 29.9 acres of agricultural land from production and then at the bottcm of the page is goes on saying "considering the proposed site development Town Board Minutes 21 March 13, 1989 housing program no significant adverse inpact is expected on agricultural land resources". He wondered how close those two statements were corpatible? He stated that he would argue that it does have an inpact on agricultural land resources. Supervisor Desch asked if it was true that there was 29 acres in production? Town Planner Beeners replied, not recently. James Ainslie, 245 Hayts Road ronarked, David Thcrapson on Iradell Road rented that land, had it into com two years ago but not last year. Supervisor Desch remarked, for all practical purposes your concerns are not moot. Town Planner Beeners stated that there were open space components within the project as well, such as community gardens. There is beneficial type of housing that is being provided which she hoped would mitigate that loss of about 2% of the Town's Ag District land on West Hill. Supervisor Desch asked, is it true that none of the land is in the County Ag District, none of the 29 acres? Town Planner Beeners replied, the land that is being considered, the larger parcel to the North of Indian Creek is within the County Ag District. The portion v^ich has been most recently fanned v^ch is is the subdivision to the South vdiich was withdrawn at the last Planning Board meeting that is not in the Tompkins County Ag District. Mr. Ainslie replied that he owned that land once and it was all in the County Ag District. Town Planner Beeners replied her maps did not show this but that she would confirm it. Councilman Whitccmb went on to say that if the benefits of having a retirement canmunity outweigh the loss of the agricultural land then he would rather say that in those words than say there is no significant impact on agricultural land resources. Tcwn Attorney Barney replied, the problem with that is then you throw that into a legal mess because by saying there is any significant environmental impact you ccnpel the creation of an environmental inpact statement by stopping it cold and that's a very time consuming and costly exercise. If the Board makes any finding of environmental significance then the next step is the preparing of a draft environmental impact statement. Councilwoman Raffensperger ronarked that she wondered if the question in there to sane extent is not that in one portion we are talking about 69.7 acres and talking about vtot happens there and then we are talking about the entire agricultural lands on West Hill and making an evaluation that this proposal in the number of acres of ag land that it subtracts does not have a significant adverse impact in the agricultural land resources on West Hill as opposed to on this small site. She felt this was the kind of contradiction that you see in these two paragraphs. Councilman Whitccmb remarked that there has been a lot of discussion at the Planning Board on building heights in the last few months and he would like to have the developer speak to v^y these building are higher. Town Board Minutes 22 March 13, 1989 Mr. Lucas replied, we are talking about two story buildings and the again you measure building heights here differently than vdiat he was used to. As you measure building heights, it seemed to him, either you b\iild single story houses or everything is out of cotpliance or you don't build basements. In approaching this, we felt that it was inportant that we have basements in the clustered portion for storage for people, the assunption being that the people living there by and large would be moving out of single family houses and would need additional storage that the basonent would provide. You can make that a concern, the only way you could ccnply with building heights on two story buildings is to have flat roofs. He stated that he had no intention of building flat roof buildings. That just doesn't make sense. We want traditional lines and the only way you can do that is with two stories, basements and roof lines. He thought to remove the basements in order to ccnply with the building height restrictions then throws them back into the problem of v^at do we do for storage for people and then you end up building out buildings v^ch cause problems. While he understood v^at he was doing did not technically ccnply to the existing height restrictions he felt it was over all, the best ccnprcmise in terms of something that would be pleasing on a livable scale and would meet the needs of the people living there. Councilman Whitccnib replied that he understood that but that the underlining concern from the ccmmunity on building height is not building height itself but the increase in density that could acccnpany increased building height. He stated that he assumed that was adequately addressed in this project. Si:pervisor Desch asked if there was a motion on the environmental impact statement with the corrections. (Councilwoman Raffensperger's change being at the end add "on West Hill", no significant adverse inpact is expected to agricultural land resources in the West Hill area. That relates it in scale better. RESOLUTION NO. 65 Motion by Councilwcman Raffensperger; seconded by Supervisor Desch, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance with the two corrections, one under impact on agricultural land resources, adding the statement "on West Hill" and deleting the statement on impact on growth and character of the ccninunity or neighborhood, the paragraph beginning "the project will increase..... and ending with project population". Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Coimcilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitccmb Voting Nay Supervisor Desch Voting Aye The resolution was duly adopted. Supervisor Desch asked if there were any questions or comments on the proposed local law? He stated that he had a Certificate of Necessity \toch the Town Attorney has provided because of the ten day requirement. Town Board Minutes 23 M^ch 13, 1989 Councilwoman Raffensperger remarked that she would like to know about the parks. On page three, a four acre park is discussed and a six acre park. Speaking to the Town Planner she stated that really all she wanted was an assurance that the Town was not taking over responsibility for the retention pond as a part of the parks. Town Planner Beeners replied, no. That pond will remain under private ownership and that it would be fenced, if needed, to beef up the buffer area that they are showing to preclude public access to the pond area. Councilwoman Raffensperger stated that she was going to move the adoption of the local law and make a ccnment about the ccnroents that were made about rezonings. She stated that she did understand v^at people are saying about being very cautions about proceeding with rezonings vdien we are involved in an improvetient of the carprehensive planning process. She stated that she did think though that you could say that you are going to wait to do all rezoning or all anything until the ccnprehensive planning process is over because she personally hoped it was a process that is not going to be over. She stated that she could understand the desire to wait until Phase I is over, and we have a report from the consultant. In this case she thought really very hard about it because in general she thought that was a good principle, she thought that there was no doubt though that this retirement community was going to be built on the Trumansburg Road, vdiether in the Town of Ithaca or the Town of Ulysses, was really tiie question as she saw it and she saw a resolution to amend the Zoning Ordinance with a great deal of control about occupancy and ownership and density and parks and buffers, etc., that we could not have asked the Town of Ulysses to have done and yet the Town of Ithaca would have had the inpacts of the developnrent and no control over it. So on that basis she felt ccmfortable with this particular proposal for rezoning at this time. lOCAL LAW NO. 2 - 1989 Jfotion by Councilwcraan Raffensperger; seconded by Councilman Bartholf, LOCAL LAW NO. 2 - 1989 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK RETIREMENT COt^lUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and herel:^ is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 6". 2. The uses permitted in this Special Land Use District No. 6 are: (a) Detached one-family dwellings. One family dwellings may be occupied by no more than ( i) and individual, or ( ii) a family, or Town Board Minutes 24 March 13, 1989 (ill) a family plus one additional boarder, roomer, lodger or other occi;5>ant, or ( iv) two individuals, boarders, irocmers, lodgers or other occupants. (b) Detached two-family dwellings. Each dwelling unit in the two-family dwellings may be occupied by not more than ( i) an individual, or ( ii) a family, or (iii) a family plus one additional boarder, roomer, lodger or other occupant, or ( iv) two individuals, boarders, roomers, lodgers or other occupants. (c) Attached single-family units aggregated together in one or more buildings of up to 80 dwelling units. Each one-family unit in said attached units may be occupied ty ( i) an individual, or ( ii) a family, or (iii) two individuals, boarders, roomers, lodgers or other occupants. (d) The attached single-family dwelling units may be condominium units or other ownership of less than the minimum lot size normally required in an R-15 zone as may be approved by the Town of Ithaca Planning Board. (e) A community facility v4iich may be attached to the attached single-family units or may be free-standing, not in excess of 7,000 square feet, to be used for central dining facilities (with serving kitchen), activity areas, and other related conmunity service space to be made available principally for the use of the residents of the retirement community. (f) Permitted accessory uses shall include the following; ( i) off-street garage or parking spaces for the residents of and the employees working at the Indian Creek Retirement Community. (ii) acoessory buildings such as storage sheds, pavilions, gazebos, and other similar small buildings provided that no single building exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (g) Common recreational areas including walkways, parks, coanmrunity gardens, and other similar outdoor recreational facilities. (h) Any municipal or public utility purpose necessary to the maintenance of utility services for the Indian Creek Retirement Community. (i) Signs, as regulated by the Town of Ithaca Sign Law. Town Board Minutes 25 March 13, 1989 3. Any use in this district shall be governed ty all of the requironents, including side yards, setbacks, building coverage, accessory uses, and similar requirements, of a residence district R-15, except as the same may be specifically modified by the terms of this local law. 4. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 6 shall be subject to the following conditions: (a) The exterior design, specifications, and plans for the buildings and other iirprovements to be constructed on the premises and the development of the groimds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining vdiether or not to approve the site plan, the Planning Board may ertploy the same considerations it would employ in approving a site plan pjursuant to Sections 46 and 78 of the Town of Ithaca Zoning Ordinance. (b) B\iilding permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such propesed construction. (c) The primary access roadway from Trumansburg Road leading westward shall be a double road with a median island for at least the first 1,300 feet of its length and such roadway shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town and accep>ted by the Town before any certificates of occupancy are issued. (d) Such additional pertions of the roads in the project shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town, and accepted by the Town as the Planning Board may, in approving the final site plan, determine. (e) The Declaration of Condominium, the Certificate of Incorporation of any homeowners association or similar group, and the bylaws of any such organization, shall be submitted to the Planning Board for recommendation and shall be approved by the Town of Ithaca before the same are filed and adopted. (f) There shall be a maximum of 140 dwelling units within the Special Land Use District of vMch no more than 80 dwelling units shall be contained in attached configuration of more than two dwelling units pier building, and no more than 60 dwelling units shall be contained in detached one and two-family dwelling unit configuration. (g) There shall be dedicated to the Tcwn of Ithaca as p>ark sp>ace a four acre piark site in the easterly portion of the project as shown as the general plan with the precise metes and bounds to be determined by the final site plan approval by the Planning Board, such dedication to occur prior to the issuance of any certificates of occipancy Town Board Minutes 26 March 13, 1989 for any of the units on the property. (h) There shall be dedicated and conveyed to the Town of Ithaca a 20 foot strip of land in fee sinple substantially along the southerly line of the Special Land Use District as shown on the general plan, the precise metes and bounds description to be as finally determined on the final site plan, said strip of land to be conveyed for trail and other municipal purposes. (i) The developer shall reserve and dedicate for open space approximately six acres of land adjoining the westerly portion of the southerly line of the Special District boundary, the center line of the six acre strip of land being the center line of Indian Cre^, all as more particularly shown on the schematic site plan dated Novotiber 22, 1988 submitted in support of the application for rezoning. Said area shall be deeded to the Town of Ithaca for open space area and municipal purposes before the issuance of any certificates of occupancy for any dwelling unit within the Special Land Use District. (j) All of the dwelling units shall be owner-occupied subject to the following: ( i) A unit may be occupied by other than the owner as long as the occupant is related by blood (e.g., father, mother, grandfather, grandmother, etc.) to the owner. ( ii) A unit may be rented by an owner for no more than a cumulative period of twelve months within any continuous thirty-six month period. Pemission to rent and/or siablet for a longer period of time shall be obtained in writing from the Board of Directors or other governing body of any homeowners association established in connection with the conitiunity. In no case, however, may a unit be rented by an owner or owners for more than 24 months cumulatively in any five-year period. (iii) Notwithstanding the foregoing, the developer shall be allowed to rent on or more units for a period not to exceed two years in each case from the date of issuance of the original certificate of occupancy for the unit being rented, provided that at no time may the developer have more than sixteen units rented under this provision at any one time. (k) The dwelling units shall be occupied by persons over the age of 54 pursuant to rules and regulations contained in bylaws, declarations, or other regulations approved the Town Board. Such regulations may permit tenporary occupancy visitors under the age of 55 years. (1) Notwithstanding any provisions of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No. 6, no building shall be erected, altered, or extended to exceed 42 feet 6 inches in height from the lowest interior grade or 40 feet 6 inches in height frcm the lowest exterior grade, vdiichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (m) Except as specifically provided for herein any Town Board Minutes 27 March 13, 1989 construction for vdiich a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (n) The execution of an agreement mutually acceptable to the developer and the Town of Ithaca relating to the terms under v^ch ( i) the developer will provide its own water service or facility for the Indian Creek Retirement Ccramunity; and/or ( ii) the developer will construct any sewer and/or water mains that may be required to provide water and/or sewer service to the Indian Creek Retirement Ccramunity; and/or (iii) the developer may make contributions to the Town of Ithaca in amounts to be mutually agreed upon to permit the Town to construct or upgrade water supply and/or sewage disposal facilities necessitated by the construction of the Indian Creek Retirement Ccairaunity. Such agreement to be executed, unless waived by the Town of Ithaca, prior to the issuance of any building permits for any construction in the Indian Creek Retirenent Catraunity. 5. Any significant revisions to the schematic site plan of Novonber 22, 1988 s\±mitted to the Town Board shall be sufcraitted to and be approved hy the Town Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be suhsnitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 6 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. Any violations of the terms of this local law shall constitute a violation of the TOwn of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Tcwn reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcels covered by this law fails to cotply with any of the provisions hereof. 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 9. This law shall take effect 10 days after its publication in the Ithaca Journal. Town Board Minutes 28 March 13, 1989 Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwonan Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Councilman Whitcanb Voting Nay Supervisor Desch Voting Aye Local Law No. 2 - 1989 was thereupon declared duly adopted. PERSONS TO BE HEARD Bill Hilker, 277 Bums Road stated that he knew quite a few of the Board members were at the public meeting on the South Hill Trail but he would like to reiterate seme of the problems that he thinks still exist in the SEQR documents. At the informational meeting that we had we addressed seme of the issues vdiich he did not feel all had been corrected in the document that has been revised. Mr. Hilker went on to say that the main one was on parking, the revised SEQR states only that the parking may be addressed later along with the Coddington Road development as if there is no problem at the present time and there is a problem at the present time. On Bums Road we have masses of people that park along that road on a curve, vbich is a blind curve, at this time without having a trail vtoch is designated and telling the people to ccme use it. There is no place for thon to park now, they park out into the road, they park in a very dangerous situation. He felt there was definitely an impact there v^ich needs to be addressed. Councilman Klein asked, vdiere is it they park now? Mr. Hilker replied, there is only rocm for about three cars on the edge of Bums Road at the entrance of the proposed trail and that is on a blind curve and they park on the road. He stated that he has seen as many as fifteen cars packed up there on private property, into the road, vtetever and that's at present that's not with an improved trail in there so he thought the SEQR document is defective in not addressing this in a more forthright manner. He went on to say it also stated there is no reduction in use and he would like to take issue with that also. It says "no major recreation or open space reduction or adverse iitpact is expected", the proposed uses of this trail are not for the people that are there. We have almost everybody, with the exception of a few people, vho have signed a request not to have the trail there because it does impact upon the use of the people within South Hill. In this document here is says there is no reduction in use. He stated that he considered that a very substantial reduction. This use has been historic for the children of the area, they have used it and the uses they have put it to will no longer be in effect if it becomes the trail as so designed. Coimcilvonan Raffensperger commented, if it becomes a Town facility they will no longer be able to use it, she went on to say that Mr. Hilker had lost her somev^ere. Mr. Hilker replied, the youth of the area as well as most of the adults do not use it as a jogging or bicycle trail, they use it as moped trail, a place to run their mini bikes, snowmobiles, that type of thing. That is vhat they do out there, they don't jog and they don't bicycle. Town Board Minutes 29 M^ch 13, 1989 Councilwonian Raffensperger replied, there is cross county skiing on there isn't there? Mr. Hilker replied, there is very limited cross county skiing. The portion of the railroad track that is his driveway he welccntes anyone to use it. There is seme cross county skiing, there is much more snowmobiling than cross county skiing, probably ten times the amount and that is local people using it for snowmobiling. It's people out of the area using it for cross county skiing. There were two families that he knew of that that basically use it for cross county skiing that are of local nature. Mr. Hilker went on to say it is used continually for snowmobiling by a very large number of local residents. It is continually used by bicyclers out there and they have no problem with snowmobilers. He stated that he knew of no problems, to date, for those that use it for skiing along with snowmobiling. They use it in different types of weather. What we are talking about is restricting it from the use it is being put to by the local residents. Those were the two mains issues he took issue with in the SEQR and he felt they were totally defective in those two areas. Mr. Hilker continued saying, we were told that at the meeting up at NCR that there were adequate public hearings set for this. He stated that he could find no public hearing except for the original 1975 public hearing on any of this, trails, bikeways, open space or any other designation you might want to put to it. Councilwcman Raffensperger remarked, we did have a public hearing at the time of the revision of the Park and Open Space Plan. She stated that she did not remember v^t year that was. Mr. Hilker replied that there, if he could read it says, "Coiancilwanan Raffensperger added we will need to hold a public hearing at the Town level" but Mr. Hilker stated that he could never find it. S\:5)ervisor Desch asked vAiat was the date of that meeting? Mr. Hilker replied. May 9, 1983. Town Planner Beeners replied, June 11, 1984 was v^en she thought there was a public hearing. Mr. Hilker replied that he would do seme more looking but you have to realize this is a short time and a lot of pages to cover. He stated that he would like to go on and point out, that the original Parks and Open Space provision, or actually the law, stated that they trails would be used for cross county skiing or mini bikes and it was originally put to the public for that type of purpose. Seme place along the line, and he felt without public hearings, things have changed. He stated that he did not know v^y but the only public hearing he knew of Supervisor Desch replied you may be partially right, however, the local law that was adopted with respect to bikeway rules was in response to a public hearing so he thought that would cover that vhole aspect. Mr. Hilker replied that he would have to do a thorough search. But he wanted to bring it to the Boards attention so they could be looking at it also. He went on to say there also was another statement in the original local law that says that before there is any change or any use put to bikeway or trails or anything of that nature, the local residents along there will be notified and advised of any changes that may be contemplated. He stated that he has never received any notice of any nature out there. Town Board Minutes 30 March 13, 1989 Si:?)ervisor Desch replied, that's in the local law governing the regulation of bikeways? Mr. Hilker replied, that's in the original local law of Open Spaces and Parks, \^ch he felt would be appropriate for the bikeways also. He went on to say that the final portion that he found here v^ch is the original law v^ich says, outright acquisition can often be achieved through the eminent domain but this does not seem to be appropriate in the Towns case. Now we have started with a law that says adverse possession type of acquisition is not an appropriate thing and we have come about face on that also and that is one of the major parts of this trail is to have adverse possession and take it. Supervisor Desch reanarked, you lost me there? Mr. Hilker replied, how much have you set aside for that purpose? How much money have you set aside for adverse possession on South Hill trails? Siapervisor Desch replied, how much have we set aside for condormation? Mr. Hilker replied, that is correct. Supervisor Desch replied, none. Mr. Hilker replied, now at the meeting you told us that there was something in the neighborhood of $40,000 set aside for that purpose, for possible acquisitions. Supervisor Desch replied, acquisitions meaning easements purchased. Mr. Hilker remarked and condemnation was said also. Supeirvisor Desch replied the way it would have to happen is that the Board would have to decide do we locate it vdiere it is proposed by condemnation or by location elsev^ere. Those are the options. There has been no discussion with the Board on condemnation for South Hill. Mr. Hilker replied that he remembers that if the Town was unable to acquire frcm NYSEG the right to use it you would obtain it by possession. Town Attorney Barney replied, never by possession, that's different. Supervisor Desch remarked you can do it by license, easement or condemnation. ^tyrtle Whitccmb, 233 Troy Road asked, ^en you say that this going to be closed during a period of time for hunting season, does that mean there will be hunting within the trail or just that it is closed for a safety factor and there would not be hunting within the trail? Supervisor Desch replied, presumably there would be hunting within the trail. Councilman Whitconnb renarked that notwithstanding the 66 people vdio signed the petition against the trail he felt there was a great deal of support for the trail on South Hill with a few conditions. Seme of the things that they are concerned about the Town Planner already knows about, but he thought seme of the more irrportant things are the residents would like seme assurance that this trail Town Board Minutes 31 March 13, 1989 is not going to lead to further development of the lands, particularly below the railroad. They want seme assurance that those natural areas will be protected. There also seems to be a consensus among those that do tentatively support the trail that maybe it should be scaled down a bit. Maybe it is not necessary to pave the western end of it and so on, maybe it should be kept a more natural area. He stated those were the kinds of things he would like to have considered between now and the time the Board looks at it again. Supervisor Desch encouraged each Board member to talk to the Town Planner as he felt each has a slightly different priority in respect to that. APPOINTMENT OF TOWN ENGINEER Henry Aron, Qiairraan of the Personnel Committee introduced Sally Olsen vdio has applied for the position of Town Engineer. He went on to say that the Personnel CcHtinittee reccnmends the appointment of Ms. Olsen. RESOLUTION NO. 66 Motion by Councilman McPeak; seconded by Coimcilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint Sally S. Olsen to the position of Town Engineer for the TOwn of Ithaca at a starting salary of $35,000 annually. (Desch, McPeak, Raf fensperger, Bartholf, Leary, Klein and Whitcomb voting Aye. Nays - none). TCWN OF ITHACA WARRANTS RESOLUTIOJ NO. 67 Motion by Councilman Bartholf; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated March 13, 1989, in the following amounts: General Fund - Town Wide $ 41,167.73 General Fund - Outside Village $ 62,639.88 Highway Fund $ 81,132.43 Water & Sewer Fund $164,012.95 Capital Projects Fund $ 81,492.95 Fire Protection Fund $396,790.50 Lighting Districts Fund $ 445.74 (Desch, McPeak, Raf fensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). BOLTOSf POINT WARRANTS RESOLUTION NO. 68 Motion Supervisor Desch; seconded by Councilman Klein, RESOLVED, that the Bolton Point Warrants dated March 13, 1989, in the Operating Account are hereby approved in the amount of $195,667.82 after review and upon the reccnraendation of the Town Board Minutes 32 M^ch 13, 1989 Southern Cayuga Lake Intemunicipal Water Ccmnission, they are in order for payment. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcomb voting Aye. Nays - none). EXECUTIVE SESSlOm RESOLUTIOJ NO. 69 Motion by Supervisor Desch; seconded by Cotmcilman Klein RESOLVED, that the Town Board of the TOwn of Ithaca hereby moves into Executive Session to discuss condemnation proceedings with respect to the East Shore Driver sewer project. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccrob voting Aye. Nays - none). OPEN SESSIOSf RESOLUTION NO. 70 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open session. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccmb voting Aye. Nays - none). RESOLUTIOJ NO. 71 Motion ty Supeirvisor Desch; seconded by Councilman Klein, RESOLVED, that the Town Board of the Town of Ithaca will meet at 12:00 noon on March 27, 1989 to consider the public need for two parcels of land along East Shore Drive with the discretion that if we are able to acccramodate a settlement that the public hearing will be limited to any that we are not able to settle on before that. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitcatib voting Aye. Nays - none). CHAIRMAN OF PLANNING BOARD Councilwcman Raffensperger stated that she was prepared at anytime to propose the resolution which she intends to present. Supervisor Desch remarked that v^t he felt was that, since the Board was talking about an individual two things would be appropriate. One, that the individual have the opportunity to address the Board, probably in Executive Session and twD, that the Boaid with the potential questions that are likely to ccrae up, would more appropriately do that in Executive Session. Councilwcman Raffensperger replied that it was her understanding today, that the present Chairman of the Planning Board was going to attend the meeting tonight. She stated that he did not seem to be here and she was unwilling to postpone the resolution vdiich she has to propose. Tcwn Board Minutes 33 March 13, 1989 Councilvonan Raffensperger stated that at this point she did not understand vdiat is to be accatplished by this adjourning to Executive Session. She stated that the Board held an Executive Session in December and she did not know that she thought anything constructive is going to cone frcati another Executive Session. Supervisor Desch replied, the history of the matter is that the Planning Board has chose a Chairman following that meeting. That's the difference. And he felt the Board should identify their purpose for doing that. They must have had a reason. Councilwcman Raffensperger replied, which she would be very glad to discuss in Executive Session. EXECUTIVE SESSION RESOLUTION NO. 72 Nfotion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss a personnel matter. (Desch, McPeak, Raffensperger, Bartholf and Whitccnib voting Aye. Nays - Leary and Klein). OPEN SESSION RESOLUTION NO. 73 Motion by Councilwcman Raffensperger; seconded by Coimcilman Klein, RESOLVED, that the Town Board of the Town of Ithaca hereto moves back into Open Session. (Desch, McPeak, Raffensperger, Bartholf, Leary, Klein and Whitccntb voting Aye. Nays - none). RESOLUTION NO. 74 Motion by Councilwoman Raffensperger; seconded by Councilwcman Leary, RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Carolyn Grigorov, currently Vice Chairman of the Planning Board, as Chairman of the Planning Board effective irnnediately and for the remainder of the year 1989. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Nay Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Nay Councilwoman Raffensperger Voting Aye Councilman Whitccmb Voting Aye Si:pervisor Desch Voting Nay The resolution was duly adopted. ADJOURNMENT Town Board Minutes 34 M^ch 13, 1989 The meeting was duly adjourned. n Clerk n -::V-"'--''.-'j^noAvtior ^&arii ef ^tfc ^^nr^kstr Ccurf^, I-j.^".. being dul> Tu-ora, deposes M • * * uzxz tMyt^ tLs.t be resides ia Itbftca:, C^nmt>' and state aforesaid and «'• '~-rv'^s.-'* nn - olr Tife Itbaca JotTWAAu a. gubbe i^;w7pap€x printed; and pubUsb^i —~ ib ItSacr aTorgMtid; and tbat yputiuevof wbicb tbe anneted is: a tru6>' ec^».*Tt3t publisbed in said paper :.;.i Eayr.c..b...:„5-|J.ii^5 _... iJthd tbus! tbe Erst publication of said nc-ce v,-is 02 the ..^. dty.of ;A;a..ir..c._.bN.. ^ec «nc rv^'crp tc bedcre see, this C£v i=.,...^ ScTUSrv f uhlic. JEAN FORD Notary Public, State cf New York No. 4654410 Qualified in Tompkins County Commission expires May 31:,9.^/ TOWN OF ITHACA ;■ ' . NOTICE OF. PUBLIC HEARING,- LEASE TAKE NOTICE, that. ;tbe ■' Town Board of the Town of Ithoco. will meet and conduct■° o public hearing on March .1.3, ' 1989 at 7:00 P.M., at the Towri - Hall, 126 East Seneca Street,' ■ Ithaca, New York to considero local law rezoning Town, of Ithoco Tax Parcel No. 6-24-1- 23 and o portion of Town of;Ithoco Tax Parcel No. 6-24^1- 32 with access onto Trumdns-;burg Rood, 69 plus/minus acres total, from on Agricultu ral District to o Special LandUse District, for the proposed "Indian Creek Retirement Community", proposed to consist of 60 units of single ortwo family attached clustereddwellings, on 80 unit retire ment building complex, and will ot this time hear oil persons in favor of or opposed tothe adoption of said local low. Jean H. Swortwood Town Clerk March 3, 1989 TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will meet and conduct a p\;iblic hearing on March 13, 1989 at 7:00 P.M., at the Town Hall, 126 East Seneca Street, Ithaca, New York, to consider a local law rezoning Town of Ithaca Tax Parcel No. 6-24-1-23 and a portion of Town of Ithaca Tax Parcel No. 6-24-1-32 with access onto Trumansburg Road, 69 +/- acres total, frcra an Agricultural District to a Special Land Use District, for the proposed "Indian Creek Retirement Caimunity", proposed to consist of 60 units of single or two family attached clustered dwellings, an 80 unit retirement building complex, and will at this time hear all persons in favor of or opposed to the adoption of said local law. Jean H. Swartwood Town Clerk PUBLISH: March 3, 1989