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HomeMy WebLinkAboutTB Minutes 1978-04-05 g � TOWN OF ITHACA ADJOURNED BOARD MEETING April 5 , 1978 - 5 : 15 p . m . At an Adjourned Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 5th day of April , 1978 , at 5 : 15 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Jr . , Councilman ALSO PRESENT . Lawrence P . Fabbroni , Town Engineer/Building Inspector John C . Barney ( Buyoucos & Barney ) Nancy M . Fuller , Deputy Town Clerk Beverly Livesay , County Representative Willis Hilker , Developer Representatives of the Media AGRICULTURAL DISTRICT N0 . 6 Supervisor Desch stated that the purpose of the meeting is to determine what action the Town Board wishes to take with regard to the proposal that is now filed with the County Clerk for Agricultural District No . 6 . Supervisor Desch stated that there has been considerable discussion of this proposal since the appearance of a legal notice in the newspaper . The legal notice was the first knowledge the Town had that such a district had been proposed . The Town has until April 16 to file with the County Clerk alternate proposals or com- ments regarding the original proposal as filed . Supervisor Desch stated that last night the Town Planning Board discussed the proposal at considerable length . The Town Board does not at this time have the results of that discussion but will have them shortly . Essentially the Planning Board reso - lution is expected to endorse the concept of an Agricultural Dis - trict within the Town of Ithaca provided it includes only viable agricultural land which meets the criteria as established by the law . The Planning Board will also include in the resolution the possibility that agricultural land which had the potential to be commercially viable agricultural land might be included in the district . Supervisor Desch reported that the Town Engineer has done a quick visual survey to attempt to get information as to what might be included in such a district as commercially viable agricultural land . ( The results of this survey were presented via visual aids . ) The Supervisor said the Town needs to be concerned any time a pro - posal is put forth which involves a large area of the Town . In this case 28 % of the land area of the Town is involved . Supervisor Desch said that it is the responsibility of the Board to assure the g9 Town Board Minutes - 2 - April 5 , 1978 people of the Town that no proposal is set up which may conflict with the health , welfare and orderly growth and desirability of life in the Town . The Town must be concerned about how this pro - posal will impact the orderly growth of the Town as a whole , and not just West Hill . Supervisor Desch hoped that the Board at this meeting would take a position on the proposal and make a draft of such proposal which might be adopted by the Board at its April 10 meet - ing . This document , if adopted , would be filed with the County Clerk . Discussion continued at this time with respect to the survey map prepared by the Town Engineer . Mr . Fabbroni said the map presented showed for the most part viable agricultural land . The district within the red lines includes , with few ex - ceptions only viable agricultural land . All commercial , light industrial , and residential areas which have been developed or are likely to be considered for development in the near future have been excluded from the " red line " proposal except for a small number along Mecklenburg Road . Supervisor Desch said there are potential problems pro- viding certain services to those parcels which fall within an agricultural district . Mr . Fabbroni said the Agricultural Dis - trict Law provides individual farmers who are in a district the opportunity to receive agricultural value assessment by filing an agricultural commitment . If they change their use they are subject to certain - penalties . He said that in his view in mar - ginal areas there will be a burden on the landowner to do that . During the discussion Planning Board notes on the Agricul - tural District were read . Councilman McElwee was not convinced that the people in - volved or who may become involved in an agricultural district understand what their limitations are and what participation may mean to them . Supervisor Desch some farmers have expressed an interest in being in an agricultural district . Whether they under - stand what is involved is not clear . Councilman Freeman suggested contacting people who might be in the district and have them ex - press their feelings prior to April 16 ( the deadline for filing an alternate proposal ) . He suggested inviting everyone who is actively farming . Supervisor Desch said there would be some difficulty in determining that . Supervisor Desch said the Board must consider whether services can be provided to the areas outlined in red , the way the district is proposed . If not , then the boundaries as they are laid out in the proposal must be uestioned . Supervisor Desch said only those properties which have petitioned to be in an agricultural district should be included ( recognizing a few exceptions ) and let the burden of proof be on the County Planning Board or the farm owners outside the area to express their desire to be included . This should be done in a detailed way , rather than lumping them all in . Councilwoman Raffensperger during the discussion said the important thing is to abide by the intent of the law . She sug - gested taking the position that the Town is in favor of an agri - cultural district , but not in favor of the district as outlined , in the " blue " area , i . e . the County Agriculture Committee proposal . Supervisor Desch suggested this approach : that the Town recognizes the desire of some farmers in the Town to have their lands included in an agricultural districtf that the Town agrees with the concept that viable commercial farming lands be included , but only after the proposal involving those farmers has been reviewed in depth by the County with the farmers . In such case , perhaps there mav_ be some farmers who originally petitioned to be in the district who will decide to come out once they have the facts on their responsi - bility if their land is included in the district . go Town Board Minutes - 3 - April 5 , 1978 After considerable discussion , Supervisor Desch asked the Board what its pleasure was . The sense of the Board was that the Town of Ithaca should endorse the creation of an agri - cultural district , but that the proposal is inappropriate because it includes considerable land which is not farmland - - land being held for potential light industrial , commercial and residential , that the Town will work with the County to identify boundaries , but that the Town proposes alternate boundaries , that is , to move the easterly line of the proposed district to make it co - terminus with the -the Town of Ithaca/Town of Enfield line . Motion by Councilman Del Rosso ; seconded by Councilman McElwee , RESOLVED , that the Town of Ithaca hereby endorses the creation of an Agricultural District , including lands within the Town of Ithaca , but finds the current proposal inappropriate because of the inclusion of a substantial land area other than viable farm- land , i . e . light industrial , commercial , and residential property . FURTHER RESOLVED , that the Town of Ithaca will work with County government in identifying appropriate boundaries , but in the event it is not possible to identify those boundaries within the time made available by the review process , the Town of Ithaca hereby proposes a modification of the agricultural boundary of the proposed Agricultural District No . 6 by moving the easterly line of said proposed District to make it co - terminus with the Town of Ithaca/Town of Enfield line . ( McElwee , Del Rosso , Valentino , Raffensperger , Powers , Freeman and Desch voting Aye . Nays - none ) The Town will prepare a position paper and forward it and this resolution to the County . REPORT ON BIDS FOR THE FIVE -AREA SEWER PROJECT Supervisor Desch reported that a contract will be signed within the next two or three weeks . He noted that the quality of the bid document was not changed but the approach to the unit price was changed to clarify prices for the establishment of a budget which will be financially sound and result in a high quality re - sult . The project will be completed by approximately October 15 , 1978 . The April 10 , 1978 Board meeting will be adjourned to a time and date when the project will be awarded . HOIST AND FRAME FOR STORAGE - HIGHWAY DEPARTMENT Mr . Fabbroni will investigate this matter and make a recommendation to the Town Board at the earliest possible moment . EXECUTIVE SESSION The Board duly retired into executive session where they discussed the Rumsey- Ithaca gravel pit operation . ADJOURNMENT The Board reconvened into open session and there being no further business to be brought before the meeting , the meeting was duly adjourned . Edw L . Bergen , Town Clerk