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HomeMy WebLinkAboutTB Minutes 1981-06-23 TOWN OF ITHACA ADJOURNED BOARD MEETING June 23 , 1981 At a Adjourned Meeting of the Town Board of the Town of Ithaca ., Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 7 : 00 P . M . , on the 23rd day of June , 1981 , there were PRESENT : Noel Desch , Supervisor ( part of meeting) George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman ABSENT : Victor Del Rosso , Councilman ALSO PRESENT : Lawrence . Fabbroni , Town Engineer ' PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . PUBLIC HEARING TO CONSIDER THE REVISED SITE PLAN FOR THE DEWITT PARK Proof of posting and publication notice of a Public Hearing to consider the revised site plan for the Dewitt Park having been presented by the Town Clerk , the Supervisor opened the Public Hearing , Town Engineer Fabbroni noted that he had completed , since . the last . meeting , calculations on storm runoff . It would take a two hour storm to fill the pond . If the cascade of water exceeds the out flow , the pond will fill up to the 102 elevation . and overflow through a 30 pipe . If this pipe cannot handle all the water , the level would reach 102 . 5 and the pond would then spill over the spillway and out into the creek . He went on to -. say the highest section is along. the west side of the pond . This will protect the properties to the west . A question was raised as to plantings . Councilwoman Raffensperger stated that there was no specific plan , Some of the trees already on the land will be used . Mrsa. , Keniiedy stated :that she could see ' the nine foat . ::bank : .from her kitchen window and stated that she would prefer evergreen trees planted on the bank , especially for winter beauty , Councilman Cramer asked when the project would start ? Town Engineer . stated that project would start in the middle of July with the moving of good stock , Supervisor Desch stated that the next step is to pin down a contract with the school , Town Engineer Fabbroni stated that the pond area and exercise trails . would be maintained twice a year by the Highway Department , Daily maintenance would be taken care of by the School District . Also , .the School would be liable for the ball field . Councilwoman Raffensperger stated that a resolution had been passed Town Board Minutes - 2 - June 2330 1981 by the School Board , stating their intent to pay one - third of . the cost , up to $ 8 , 0000 Town Engineer Fabbroni reminded the Board of the intent to - fence the parameter of the pond . Town Supervisor Desch stated that he was not sure the budget would encompass the material for the fencing . . Town Engineer Fabbroni stated that he felt the budget would be close . Councilwoman Raffensperger stated that there was budget authorization U P to $ 35 , 000 to complete the Dewitt Park , RESOLUTION NO . 94 Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , RESOLVED , - that the Town Board of the Town of Ithaca hereby authorizes the expenditure of up to $ 35 , 000 to accoin lish :the _.:construction work . on the proposed Dewitt Park . (Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . MEMORANDUM OF UNDERSTANDING - DEC Supervisor Desch stated that the Memorandum of Understanding was discussed at the . last Board Meeting . and was postponed until this meeting as Councilwoman Kiefer had some proposed changes . she . wanted made in the State memorandum . Councilwoman Kiefer stated that she felt this was a standard memorandum and had never been revised . to meet the changing times . Councilwoman Kiefer asked if the Town . - had ever signed a memorandum before ? Supervisor Desch answered no . Councilwoman Kiefer asked 3. was proper for the Town to sign at mid- year ? Supervisor Desch stated that . .the memorandum becomes effective on the date of adoption and is renewable every two years . Councilwoman Kiefer asked , what constitutes acceptance? Supervisor Desch answered , the signing by DEC . Councilwoman Kiefer questioned the widening of the German Cross Road and the reconstruction of the bridge , would this have been exempt from a DEC permit ? Supervisor Desch stated that he did not think it would have been exempt . He stated that the main purpose of the Memorandum of . Understanding was to permit maintenance work . Town Engineer Fabbroni stated that. he felt the . Memorandum of Understanding put more constraints on the Town , as the Town must follow its own laws . Councilwoman Kiefer stated that she felt the replanting of stream banks was preferable . to the use of rip rap . Councilwoman Kiefer stated that property owners , adjacent to a proposed project , should be notified at least one week inadvance Town Board Minutes - 3 - June 23 , 1981 of the commencement of work . Town Engineer Fabbroni stated that the Town does not work on private property with out an easement . Supervisor Desch stated that he did not know if the Town would every use the Memorandum of Understanding , however , the vehicle would be in place . if needed . The signing of the Memorandum will not change the Town ' s method of operation , only facilitate the paper work . Supervisor Desch stated that he would like to . move ahead with the resolution and approve the Memorandum of Understanding and in so doing , concurs with _ Councilwoman_ Kiefer ' s recommendations of Exceptions . a) , b ) and c ) under Permits : ( Copy attached to the official minutes ) . : RESOLUTION N09 95 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak ., WHEREAS , pursuant to the Environmental Conservation Law , Part 608 of Article 15 , the water resources of the State are subject to the protection and control of the Department of Environmental Conservation ,RESOLVED ,, pursuant to Section 15 - 05013 paragraph 4 , of the Environmental Conservation Law , that the Town . Supervisor be authorized and directed to execute a Memorandum of Understanding between the Department and the Town of Ithaca , and FURTHER RESOLVED , that said Memorandum of Understanding be incorporated in and made a part of this Resolution . ( Desch ) Kugler , Raffensperger , Cramer , McPe, ak and Kiefer voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED AMENDMENTS TO THE ZONING LAW . Proof of posting and publication notice of a Public Hearing to consider the adoption of proposed amendments to the Zoning Law having been presented by the Town Clerk , the Supervisor opened the Public Hearing , Supervisor Desch stated that since the last Board meeting, the sub - committee had met and reviewed the use zones . The P - 1 and P - 2 zones were tied together , where appropriate , A section of the Preamble was updated , also Conservation areas , Solar Access , and Special Permits in residential zones . Special Permit requirements will be put in the residential zone section . Town Engineer Fabbroni stated that a new section had been added to the Preamble . The intent of Ag Zones and P - 2 zones were rewritten , Supervisor Desch stated that the Preamble pinned down the delineation of P - 1 and P - 2 zones . In the P - 1 zones , an effort was made to work with some kind of a threshold . He stated that he though a. threshold of 1'00 ' was not too bad . Also , the wording on setbacks and lot lines were revised , He asked Shirley Egan to come back to either him or Larry Fabbroni with Cornell ' s comments . Shirley Egan stated that she had some initial comments . P - 2 zones were discussed at length regarding their permitted use and permit clarification of each . . Town. Board Minutes - 4 - June 23 , 1981 Town Engineer Fabbroni stated that nothing had been changed , only shifted . Information on special permits was put back ' in the special permit section . Each zone will specifically say where a permit is needed . Shirley Egan stated that she . did not see a great deal. of problems with the Preamble . However , she noted that the site plan approval does more than insure health , safety and environmental protection in the P'- l zone . She went on to say , that one church , one nursery school might need plantings , however , Cornell was big enough and of course , would be putting in plantings People do not expect . garbage cans to be screened in . the institutional zones as they would . expect them to be in a residential zone . Supervisor Desch asked Shirley Egan to discuss her concerns with Cornell and then come back to the Board . Shirley Egan stated that the health and .welfare of the residents of the Town - of Ithaca was a concern to Cornell , . but . how far can you go with parking . restrictions . Shirley Egan stated that she objected to : the words - " the following may be allowed by special use permit " . She went on to say that it . sounded like a ' . pemit might not be approved . Supervisor Desch responded , that was the intent . Shirley Egan asked if the Board could prohibit a library ? Supervisor Desch stated, that is might . he ,, appropriate : Shirley Egan asked if it . was . possible for a permit not to be. issued ? Supervisor Desch stated that if certain criteria were . not met , a permit request could be denied . Uses may or may not be permitted .. Shirley Egan stated that she did not understand the meaning of " controlled in the Preamble . Town Engineer Fabbroni . stated that he would ask the Town . Attorney for an ;intergre'tati.o. n: : Shirley Egan stated that she was bothered by the language in the P - 1 zone . Also , thresholds . Initially she suggested that . the Board not put a number figure on thresholds , but . suggested they - consider a square foot figure plus distance from the road ., etc . Supervisor Desch asked Shirley Egan ifi . she could get back to the Board before July 7th with her . suggestions Shirley Egan noted that in the previous Zoning Ordinance , special permits were issued for what was within the character of the zone . A house located 400 ' away in a residential zone could prejudice a P - 2 institutional zone , if they requested a special permit . Councilwoman Raffensperger . noted that restricted means to control and or forbid , this should be clarified . Shirley Egan stated that with the option , -. the Planning . Board _ requirements may impose conditions upon issuing special permits , this leaves them wide open to decide a prejudical action . They hold a big axe over the applicants head . Town Engineer Fabbroni noted that this put the Planning Board in the position of reviewing all pertinent information . Shirley Egan requested that a limitation be put on, the cond.% trans Town Board . Minutes - 5 - June 23 , 1981 that . ' can be imposed by the Planning Board . Supervisor Desch stated that conditions will be established at the time the permit is granted . RESOLUTION NO . 96 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on July 13 , 1981 , at 7 : 30 P . M . , at the . Town Hall , 126 East Seneca Street , Ithaca ; New York , to further . consider the adoption of amendments to the Zoning Law . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . ALFRED EDDY PROPERTY REZONING RESOLUTION N09 97 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on July 13 , 1981 , at 7 : 00 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the rezoning of the Alfred C . Eddy property located on the Elmira Road , Parcel No . 35 - 1 - 10 . 1 from R- 30 to Business Use . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . EAST ITHACA CIRCULATION STUDY Supervisor Desch noted that the East Ithaca Circulation Study would be available shortly , and suggested the Town Board set the date for an informational public hearing . Councilwoman Raffensperger asked if a meeting could be held with the Ithaca Civic Association before the hearing ? . Supervisor Desch answered yes , also the Forest* Home Associationx , Councilwoman Kief_ er . stated . . that she was . opposed to setting the date for the :hearing as the report is not yet available to the Board for their review . Town Engineeer Fabbroni stated that the report would be available shortly and the Board could review the report before the hearing . RESOLUTION NO . 98 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct an informational public hearing on July 13 , 1981 , at 8 : 00 P . M : , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the East Ithaca Circulation Study . ( Desch , Kugler , Raffensperger , Cramer and McPeak voting Aye . Nays - Kiefer ) . RYDGECREST WATER TANK Town Engineer Fabbroni reported that Broome Industrial Painting , Inc . .'. submitted the low bid of $ 16 , 183 for the repainting of the Ridgecrest Town Board Minutes - 6 June 23 , 1981 Road Water tank . He stated that they . were well qualified , as they have completed repainting and cathodic protection on four similar Town of .Ithaca water tanks . The Town Engineer recommended that . Broome Industrial Painting , Inc . be awarded the contract . The Town Engineer recommended that the Board adopt a budget of $ 16 , 183 for repainting , 20% or $ 3 , 200 for contingency and $ 6 , 000 for cathodic protection , or a total budget for the Ridgecrest Road Water Tank of $ 25 , 500 . RESOLUTION NO . 99 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , -. RESOLVED , that the Town Board of the Town of Ithaca hereby recommends , the establishment_ of a budget of $ 25 , 500 for the Ridgecrest Road Water Tank project . (Kugler , Raffensperger , Cramer:, - McPeak and Kiefer voting Aye-.. ) RESOLUTION N0 . 100 Motion by Deputy Supervisor : Kugler ; seconded by Councilman Cramer , WHEREAS , . on June 22 , 1981 , . bids were received for the repainting of the Town of Ithaca Ridgecrest Road - Water Storage Tank , for the . Town of Ithaca , New York , and WHEREAS , the Town . Board. has. carefully considered the Engineer ' s Report on these bids and has adopted a budget for said project , NOW THEREFORE , BE IT RESOLVED , that the award be made of constracts for repainting to the following : Broome Industrial Painting ,. Inca , . P . O . Box 306 , Binghamton , New York 13902 for the contract sum of . $ 16 , 183 . 00 as submitted in the bids and. contract documents . This resolution is subject to compliance by the Contractor in furnishing all documents and items required by the bid ' and contract documents to the reasonable satisfaction of the Town representatives and subject to proper execution of all required documents by the Contractor and. by the Town Supervisor and subject to compliance with the applicable law . - (Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . RELOCATION OF ELECTION DISTRICT # 7 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the relocation of Election District # 7 Polling Place from the Cayuga Heights Fire Department to the Cayuga Heights Community Center , in the former Cayuga Heights School . (Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . NEW YORK STATE HISTORY . CONFERENCE RESOLUTION NO . 101 Motion by Deputy Supervisor Kugler ; seconded by Councilwoman Raffensperger , Town Board Minutes - 7 - June 23 , 1981 . . RESOLVED , that the Town Board of the Town ' of Ithaca hereby approves the attendance by the Town Historian , Helen Blauvelt , to the Conference on New York State History which was held June 12 and 13 , 1981 , at New Paltz , New York . ( Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none) . NEW YORK STATE BUILDING INSPECTOR SEMINAR RESOLUTION NO . 102 Motion by Deputy Supervisor Kugler ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the attendance by the Building Inspector , Lewis Cartee , - to the Building . Inspector ' s Seminar which was held April 27 and 28 , . 1981 , at Victor , New York . ( Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none) . STATE ENVIRONMENTAL QUALITY REVIEW ACT SEMINAR Councilwoman Kiefer stated that she . felt the regular staff should be encouraged to attend seminars instead . of the work study students who will be moving on to other places and not remain with the Town , where the information obtained would be very valuable . Town Engineer Fabbroni stated . that the was unable to attend . because he attended his brothers graduation on June 5th , RESOLUTION N0 , 103 Motion by Deputy. Supervisor Kugler ; seconded by Councilwoman Kiefer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the attendance by Susan Beener , Cornell University Work. Study Student , to the State Environmental Quality Review Act Seminar which was held June 5 , 1981 , at Rochester , . .. New York . . (Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . T014N PLANNER POSITION Councilman .McPeak stated that there was a recognized continuing need for a Town Planner and that the availability of a part - time position for a Town Planner should be advertised by September 1 , 1981 . Town Engineer Fabbroni stated that it was hard to address the issue of a Town Planner until the Board addresses the issues of long time planning . If a part - time person is hired , you do not - owe them anything and this is not fair to anybody who applies for the position , until the priorities are addressed . Councilwoman Raffensperger stated that she felt an examination of the priorities and the work force was needed . Deputy Supervisor Kugler stated that he felt the discussion of the • Tczwn -� Planner position should be tabled until a full Board was present . He further stated that he felt a job description for a part - time Planner was needed before action was taken . RESOLUTION N0 . 104 r , 9 s Town Board Minutes - 8 - June 23 , 1981 Motion by Councilman McPeak ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Personnel Committee to meet and draw up . a job description for the position of part - time Town Planner . (Kugler , Raffensporger , Cramer , McPeak and Kiefer voting . Aye : Nays - none ) . ADJOURNMENT The meeting was duly adjourned . z2e=:2�t--e z:;; To e i 1 W Ir