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HomeMy WebLinkAboutTB Minutes 1988-08-08TOWN OF ITHACA REGULAR BOARD MEETTING August 8, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Tanpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 8th day of August, 1988, there were: PRESENT: ALSO PRESENT: Noel Desch, Supervisor Henry McPeak, Councilman Shirley Raffensperger, Comcilwcanan Robert Bartholf, Councilman Patricia Leary, Councilwonan Thomas Cardman, Councilman Robert Flumerfelt, Town Engineer John Ozolins, Highway Superintendent John Barney, Town Attorney Ed Tubbs, Troy Road Tim Ciaschi, 124 Vfoolf Lane Robin Ciaschi, 124 Vfoolf Lane Fred T. Wilcox III, 109 Juniper Drive Ralph Vam, 34 Dove Drive Deborah Dietrich, Board of Reps Karl Niklas, 1005 Danl^ Road Judith Cone, 211 Perry City Road, Trumansburg, N.Y. Richard C. Vam, 44 Dove Drive Ed Cobb, 1005 Danby Road Greg Wooster, 102 Juniper Drive Pam Williams, 102 Juniper Drive Rose Boynton, 205 Tareyton Drive Ron Sirrpson, 112 Pine View Terrace Bonnie Sinpson, 112 Pine View Terrace Kenga Gergely, 106 Juniper Drive David Rumsey, 1010 Danby Road Lydelle Rumsey, 1010 Danby Road Elliott Lauderdale, 381 Stone Quarry Road Celia Bowers, 1406 Trumansburg Road John Bowers, 1406 Trumansburg Road Mickey Herzing, 319 Coddington Road Patty Porter, 104 Juniper Drive Dan Schaaf, 165 Ridgecrest Road Stephen Parrott, 131 Northview Road John Whitccmb, 233 Troy Road N^inrtle Whitcai±), 233 Troy Road Thcannas Bruce, Cornell Law School Paula F. Weiss, Robert S, Leathers Architects H. M. Schaaf, 134 Bundy Road Laura Holmberg, 1109 Taughannock Boulevard Robert Leathers, 909 Vtyckoff Road Song Kyong, 220 Highgate Road Doria Higgins, 2 Hillcrest Drive Charles Asay, 131 Hopkins Road Dooley Kiefer, 629 Highland Road Janette McCord, 1048 Danby Road Athena Grover, 1486 Tinmiansburg Road William S. Grover, 1486 Trumansburg Road Salvatore Grippi, 423 East Seneca Street Town Boaid Minutes August 8, 1988 Rosciline Grippi, 423 East Seneca Street Harris Sanders, 1201 Trumansburg Road Estella Sanders, 1201 Trumansburg Road Edward L. Hollister, 173 West Haven Road David Kuckuk, 229 Forest Home Drive Krys Gail, 337 DuBois Road Gene Ball, 1317 Trumansburg Road John Weiss, 105 DuBois Road Christopher McVoy, 770 Elm Street Ext. Margaret Smith, 770 Elm Street Ext. June Protts, 312 Wood Street Orlando lacovelli, 270 Pennsylvania Avenue Tom Darling, 111 Pine View Terrace Harry Ellsworth, 152 Honness Lane MOrris Tenenbaum, 155 Honness Lane Nell Mondy, 126 Honness Lane Jonathan C. Meigs, 235 Culver Road Jean Payne, 1006 Danby Road Douglas Payne, 1006 Danby Road Ann Pitkin, 766 Elm Street Extension Lois Levitan, 766 Elm Street Extension Barbara Shew, 816 Cliff Street Mary Ellen Hav^er, 1032 Danby Road Mary I, Poyer, 1435 Trumansburg Road Gerald D. Hall, 296 Hayts Road Terry Moore, 211 Perry City Road, Trumansburg Jean Sanders, 1034 Danby Road Helen DeGraff, 122 West Haven Road Loiiise Vignaijx, 1470 Trumansburg Road Janice Odell, 100 Spruce Way Madeline Hart, 236 Hayts Road Carol Bushbeg, 102 Happy Lane Bob Love, 770 Elm Street Extension Clare Grady, 201 Elm Street Paul Sayvetz, 201 Elm Street Lawrence Fabbroni, 127 Wtoren Road Margaret Fabrizio, 213 King Street George J. Vignaux, 1470 Trumansburg Road Neil Ailing, 111 Woolf Lane Kristina L. Ailing, 111 Woolf Lane Tamme Steenhuis, 266 Pennsylvania Avenue Lindsay Goodloe, 337 Stone Quarry Road Evan Monkemeyer, 1060 Danby Road Leslie J. Smith-Darling, 111 Pine View Terrace PLEDGE OF ALLEGIANCE Representatives of the Media: Fred Yahn The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TOWN OFFICIALS Town Supervisor's Report Landfill Supervisor Desch reported that the Town has received a copy of the DEIS on the DR7 County Landfill proposal. Rgninqton Road Town Board Minutes 3 August 8, 1988 S\:5)ervisor Desch noted that he had read in the Ithaca Journal that the Cayuga Heights Board had voted to open Reamington Road. He noted that one-half of the road is in the Town of Ithaca outside the Village and the Town generates no tax revenue because all the taxable properties are in the Village since the Route 13 right-of-way runs the entire length of the frontage in the Town. The Supervisor went on to say that he had suggested to the Village that they my want to annex the Town part as well as all of the right-of-way of Route 13. He noted that it would be very expensive to construct a road to Town standards and it will only serve seven lots, all of vMch are in the Village. Recycling The Supervisor noted that on Friday, August 5 the Town Board and staff was invited to a presentation by Coimty Recycling Manager Lee Cornell v^o is in the process of setting up a recycling pilot project in several areas of the County expecting to involve approximtely 5,000 hones of \diich 1,000 my be in the Town of Ithaca. Those vdio attended expressed interest in having the Town participate in the program and that he would like to add an item at the end of the agenda to consider a resolution of interest. Meetings Supervisor Desch noted that the Fire Chief has asked the Board to attend a meeting of the City B&A Ccninittee on August 25 at 7:00 P.M., to discuss the additional positions of Training Officer and increasing the hours of the Fire Department Clerk. These are positions beyond the staffing level approved in the City/Town Contract vdiich we turned down a year ago. The City is also sponsoring a youth meeting to explain in detail, the cost figures. We are invited to attend. Moratorium The GINA has asked for the opportimity to present its case for a moratoriimi on "mjor" new development in the Town. He stated that he would propose that such an opportunity be given at an informl session on August 29, perhaps at the Ithaca College Phillips Hall, if we can get it. The Planning Board would be invited to attend and any person wishing to ccrament either for or against the idea would have hopefully, if time permitted, an opportunity to speak. Dedication Supervisor Desch roninded everyone of the dedication of the new Ithaca Area Wastewater Treatment Plant on September 1, at 11:00 A.M. Board Room Supervisor Desch stated that following several gentle but persistent nudges from the Fire Chief, the Building Inspector has posted the legal limit for the Board room. It is a total of 51 seats to keep the exits clear. Town Engineer's Report Water and Sewer Extensions Town Engineer Robert Flumerfelt reported that the Phase I contract for the water and sewer inprovanents, Vacri Construction, all the sewer and water mins have been completed, flushed and tested. There is a little chlorination of the lines yet to be done, but everything should be on line in the next few days. The hydrophenumtic booster station was started up today. We have arranged with the contractor to wait on the installation of the sewer line on Caitpbell Avenue until the Cliff Street job is done. On the Phase II contract, Rizzo Construction, on Taughannock Boulevard, the installation of the water and sewer mins is / Town Board Minutes 4 August 8, 1988 catplete and they are now flushing and testing both the water and sewer. We are in negotiations with NYSDOT on the restoration of the shoulder of the road on the west side vdiere they have requested that we place a substantial amount of blacktop v^ere we feel there wasn't nearly that much to begin with. We have written a letter to DOT in response to their request. Harris B. Dates Drive The Town Engineer went on to say that the road was dedicated on July 20th. We do have substantial cost over runs on the contract with Hill Construction, mainly to correct serious soils problems vdiich were not apparent until after the spring rains. The extra construction costs of about $45,000, about 60% of that was do to poor soil conditions. We had a meeting a few days ago to reccnimend a way of splitting those extra costs among the four parties and the result is that he is now ccnpiling all the project costs, legal, administrative, land acquisition, in kind services to see vtot our actual total costs were and by the end of the week he hoped to have a reconmendation on final division of those costs. Inflow/Infiltration Study Town Engineer Flumerfelt went on to say that the Northeast Inflow/Infiltration Study of the sewers is continuing and now it is progressing at a faster rate again because we have sane wet weather flow data for the engineers to use. We are still assisting on sane of the leg work and and obtaining data on length of house services, etc. Maintenance Management Town Engineer Flumerfelt stated that he was working with Ted Wixscm at Bolton Point on a maintenance management, including trouble reports and operational reports for our various water systems such as purtp stations and pressure reducing vaults. We will be preparing a budget for the operation of the various imits owned and maintained by the Town. Also, we are preparing as built drawings of water and sewer facilities. Streams The Engineer noted that the Town had received notice from Tarpkins County that our request for matching funds for correction of stream problems on East Shore Drive was approved and was funded in the amount of $3,550. We had requested $5,000 for that project but this should take us a good way in clearing up that particular prc±>lem. Miscellaneous Town Engineer Flumerfelt noted the ongoing review- of various subdivisions proposals. Site plans including Rose Hill on West Hill, ButterField and Lake Cayuga Estates v^ch is proposal at the bottcm end of Orchard Hill Road and Klondike Manor. Woolf Lane The Town Engineer stated that Mr. Tim Ciaschi is almost entirely ccmplete with the construction of WDolf Lane and his Westwood Hills Subdivision and we would like to try to accept that portion of the roadway this evening, subject to final inspection by himself and the Highway Superintendent and subject to Mr. Ciaschi providing a maintenance bond for any problems with the roadway that may show up within a year after acceptance by the Town. Councilman Cardman questioned the cost overruns on Dates Drive. He asked vtot portion would the Town be responsible for, after you finish your negotiations? Town Engineer Flumerfelt replied, that his own recatmendation was to try to divide up the cost overruns in proportion to the amounts Town Board Minutes 5 August 8, 1988 of the estimated original project costs, in portion to the amounts contributed by each of the four parties. Each party would be asked to contribute 25% of the cost overrun. Councilman Cardman replied, but this hasn't been accepted hy all of the parties yet? Town Engineer Flumerfelt replied no, it has not been accepted by all of the parties yet. Councilman Cardman remarked, say the Town ends being responsible for 25%, is that in contingencies within the project or would you have to go back? Town Engineer Flumerfelt replied, we would probably have to go back for extra money, depending on vtot the actual cost were. We are going to see \/tot the actual legal costs were including land acquisition costs and our administrative costs. He stated that he thought the Town had contributed a lot to this poroject both for in kind services and administrative costs vMch were not really considered. Supervisor Desch remarked, there will have to be an amendment to the agreoment. Highway Superintendent's Report Vehicle Maintenance Highway Superintendent John Ozolins stated that the front end for Truck #5 was replaced. Truck #4 had one of it's rear axles sheared so we replaced the axle as well as pulling the entire differential out and checking that for filings. Dates Drive The Hi^way Superintendent noted that Dates Drive was coipleted. Paving and all the slurry sealing of roads have been ccnpleted. Stone Quarry Road will be swept in the next few days to pick up any loose stones. Culverts Mr. Ozolins noted that several culverts have been installed. Of notable was the one on Drew Road and Culver Road. Ditching has been done on several streets. New Truck The Highway Superintendent stated that the new truck has been picked up and the old one traded in. The new truck is now having the snow equipment and box installed. Computer Mr. Ozolins went on to say that the ccnputer has been installed. He went on to say that the office has been hot and that he had checked into the availability of an air conditioning unit. Trying to find an air conditioning unit this time of the year is difficult, to say the least but one ccsrpany v^o says they will be able to oirder one will cost $820. Paving Mr. Ozolins stated that next Monday paving will begin on Indian Creek Road and Happy Lane, also in Septamber he reserved a cherry picker and boom truck and he plans on going through the Town trimming trees. The main reason for the bocm truck is to be able to cut the trees that have limb hanging over the road that are up higher, we will be able to get those and cut them off rather than just getting v^t we can reach and waiting for them to drop down. Tcwn Board Minutes 6 August 8, 1988 The Highway Superintendent went on to say that attached to his highway report is a report from Ridi Schodi. He noted that they have changed over the suitiner help, the second crew is on right now. They have done some chipping and brush cutting throu^out the Town. Also on the surface treatment, on Stone Quarry Road, they help us out by providing two people. The basketball court on Dove Drive will be paved in August. Councilwoman Raffensperger stated that tree triititiing is not always the most. popular activity in the Town of Ithaca. She asked vAiat kind of criteria was going to be used for v^t is going to be done? Highway Superintendent Ozolins replied that v^at he envisioned was to have three crews, one crew on the boom truck for the overhanging trees. What he is talking about is in the Town right-of-way. He was not talking about every tree, there isn't time for that, but a couple areas of concern are on Elm Street v^ere the trees are growing over the road. Stone Quarry Road v^ere large branches are overgrowing the road. His concern is to get that before it falls onto the pavement or a lot of snow bends them down further and the trees are damaged or even the trucks are damaged by the hanging limbs. Another crew will trim the blocked line of site. The other crew will follow up chipping everything and cleaning up. Councilwoman Raffensperger replied, so really the answer to my question is the criteria is that not just that vdiich hangs over the right-of-way of the Town of Ithaca but that it poses a hazzard of seme sort. Typically, although we have the right to clean cut anything in the right-of-way, there is a certain amount of tolerance and appearance. Highway Superintendent Ozolins replied, it is the hazzards that ws are concerned with. Building Inspector/ Zoning Officer's Report Building Inspector/Zoning Officer Andrew Frost reported that of the 14 permits issued for single family residents, 10 units were at Deer Run. Ithaca College received their permit to build a new dormitory. He went on to note that after about a year, three unsafe buildings have been taken down, one on Danby Road and two on the site of the new Chamber of Commerce. He went on to say that right now there seem to be a lot of complaints on abandoned vehicles vdiich are hard to get rid of. Councilwcman Raffensperger noted that she had seme questions and was not sure v^ch staff member would have the answer. She noted a request for water extension on the Trumansburg Road by Mr. Hall, she asked if that had been responded to and has the staff looked at that? Town Engineer Robert Flumerfelt replied, that his last contact was to ask that Mr. Hall write a letter to the Board requesting water service. Councilwcman Raffensperger remarked, then we are going to look into this and respond. She went on to say, we had a letter in June from someone in Eastern Heists asking for an amendment to the traffic ordinance for no overnight parking on Town reserve right-of-ways, she asked if this had been pursued at all? The letter asks the Town Board about the possibility of v^ere there is a ban on over night parking on the shoulder of the ir>ad there also be a ban on over night parking on reserve. Town of Ithaca highway right-of-way and she stated that she would like to see the Town consider this. Tcwn Board Minutes 7 August 8, 1988 Supervisor Desch questioned if the Town did or did not own that right-of-roy? Town Attorney Barney replied, we own the right-of-^y. Supervisor Desch questioned that if the Tcwn owned the right-of-way \diy do we need additional legislation? We allow no parking within the roadway within any right-of-^y. One might argue exactly vhere that roadway might fall if we don't have a roadway there. Town Attorney Barney replied, you can park on a public highway absent a prohibition, on the shoulder. Councilwoman Raffensperger remarked, it is a right-of-way v^ch is not presently used as a road, it is reserved for future use and is attracting over night parking. Town Attorney Barney remarked that he would have to take back v^at he said, he was not sure the Town owned it, at that juncture, if it's reserved for future use he was not sure v^ether it has ever been deeded or conveyed to the Town. Supervisor Desch replied, we will have to verify vhether we have title or not. Coimcilwoman Raffensperger went on to say that sonetime ago she was told that the Town did own it. She went on to say that the Town has received a letter requesting a meeting with the Ellis Hollow Road Apartment representative, she asked if this has been responded to or has a meeting been set up? Supervisor Desch replied that he had sent a letter back indicating the amount they would have to pay and they have paid it. Councilwcman Raffensperger stated that she had received a letter saying they protest that and would like to meet with the Town Board. Supervisor Desch replied that the meeting that they want has to do with the open issue of the 1989 tax abatement. He has to take seme initiative because we spelled out the things that he needed to do from his end. Councilwoman Raffensperger noted that in 1975 the Town passed a resolution concerning the Freedom of Information Law, and wondered if this should not be reviewed? The thing that brought it to her attention was, and she had not realized that citizens of the Town of Ithaca vdio come down here and ask for copies of the minutes of the Town Board or Planning Board are charged 25^ a page. She stated that she could understand how it could happen from this, but she was not sure if it was ever the intent of the legislation, some duplication of material costs are more than others. Supervisor Desch asked Councilwcman Raffensperger if she and Councilman McPeak would like to look into the problem? Town Planner's Report Town Planner Susan Beeners reported that they have had a large number of citizen's inquiries as well as development reviews. She noted that George Frantz, Assistant Planner had met with the Six Mile Creek Overseer Committee to discuss the South Hill Trail proposal and to try to clarify the benefits in having the trail developed along the Coddington Road old railroad path, as far as the enforcement of v^t misuse occurs at the present time. She Town Board Minutes 8 August 8, 1988 noted that they had also met with City and County Planning departments to further discuss the type of work that might be done for a Six Mile Creek land use study that would extend into the Town of Dryden because of the potential for pollution from agricultural uses. She stated that she had met with the consultants vAio are working with Cornell on an East Ithaca land use report to see v^at they are coming up with for possible land use schemes for the areas adjacent to the canpis. We are continxiing with our inventory and analysis of residential land use and population projections. In mid-September we e3q)ect the software for the Ithaca Transportation Survey to be delivered to us, to use on our Mclntosh \diioh we will have to decide soon to buy or not. Ms. Beeners went on to say that with the help of Cornell Tradition Students we have been able to continue traffic counts on the major road aroimd Ithaca in the Town and plan to continue that into the Fall so that we can pick up a ccsrparison as to v^at it is like vdien school begins. Ms. Beeners went on to note that there was a meeting of the Planning Board on August 2nd at Ithaca College. Councilwcraan Leary stated that many of the Board members had received telephone calls from members of the public about the Sprinkler Ordinance. She felt that it was apparent that many people missed the public hearing notice and there are a lot of concerns about sprinklering new hones. She felt it might be appropriate to put this on the Septonber agenda as a public hearing to consider amending the Sprinkler Ordinance exotipting new hcmes. Supervisor Desch asked v^at would be the basis for amendment? Councilwcman Leary replied, to consider exertpting single family homes because there is a lot of concern that the cost would be prohibitive. Supervisor Desch asked Councilwcman Leary vtot her assessment of amount of the concern, how many phones calls or how many people? Councilwcman Leary replied that she could not even count the number of calls she had received and other Board members have too. There have been letters to the Journal. Since not all of the Board members were present she felt that it might be good to look at that one portion of it and let the public have the opportunity to speak more about that. Supervisor Desch replied, if you want to have a hearing it means that the Town Attorney would need to draft an amended local law. He suggested that the Board just hold a discussion because he has had a lot of discussions with developers and property owners vdio once they have had the qppoirtunity to find out v^y it was passed and the rationale they are very comfortable with it. Councilwcman Leary asked, if we wanted to after that could we amended the the law? Supervisor Desch replied yes. A hearing can be set anytime to amend a local law. Councilman Cairdman felt it would be a reasonably good idea to let the public know we are willing to listen to a discussion on the issue and how it effects everyone. Supervisor Desch felt the Board needed to be clear on vdiat it is we want to discuss, are we limiting it to single and two family heroes? The vdiole question, or vtot? Tcfwn Boaixi Minutes 9 August 8, 1988 Councilvonan Leary replied that she would be interested in \(^at the public had to say, including landlords or prospective landlords and developers, just v^at kind of a burden that would mean in the future even for multiple residences. Si:5)ervisor Desch suggested it be put on the September agenda for public discussion. The Board felt a discussion was agreeable with all of them. Councilwcman Raffensperger noted that scmetiraes the Town does run a box add and she felt that in response to \tet she heard that a lot of people just didn't realize \^at it meant or just didn't see the public notice, we might consider running a box add so that everyone will be fully informed they will have an opportunity to speak. Supervisor Desch asked Councilwcman Leary and Councilwcanan Raffensperger to write the box add. BOARD OF REPRESENTATIVES REPORT Board of Representative Deborah Dietrich stated that the County hopes to begin work on the DuBois Road/Route 96 intersection this fall. She stated that she would like to thank the Town Engineering Department, Bob Flumerfelt and Eric Whitney for solving the problems very quickly that have developed around the water and sewer extensions. Mrs. Dietrich went on to say that Tuesday night the County Board is going to debate a resolution that calls for a large amount of financial participation on the part of the County for youth services. She stated that she did not know how it was going to go. Maybe somebody from the Town would like to attend. Si:5)ervisor Desch noted that there was a problon on Coddington Road, the Town back in about May, amended the traffic ordinance to prohibit parking from Rich Road to the City line on both sides of Coddington Road. Now, the County Public Works Department tells us they are unwilling to have us put "No Parking" signs up there because it is a county road. He stated that he would appreciate it if Mrs. Dietrich could find out what the problem is. County Representative Dietrich agreed to look into the problem. BUDGET AMENDMENT Supervisor Desch noted that the budget amendment was for the payment of the Village of Cayuga Heights sewer rental bill. The amount budgeted was insufficient scmething like $13,600 because the Village choose, this spring after the budget was adopted last fall, to raise their rates. RESOLUTION NO. 218 Motion by Supeirvisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the appropriation from Fund Balance and transfer to G8120.482 Village of Cayuga Heights Sewer Payment of $13,605.40 for the sewer rental bill. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Town Board Minutes 10 August 8, 1988 NEW YORK PLftNNING FEDERATION CONFERENCE Supervisor Desch noted that the resolution shows four people, with two names and two other persons. The two other persons would be Planning Board mannbers v^o have not yet been identified. RESOLUTION NO. 219 Motion By Councilman McPeak; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Tcwn of Ithaca hereby authorize Hemry Aron, Eva Hoffinann and two other persons (Planning Board Members) to attend the New York Planning Federation Conference at Ellenville, New York, October 16 to 18, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). BUIIDING OFFICIALS CONFERENCE RESOLUTION NO. 220 ^tion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Building Inspector/Zoning Officer Andrew Frost and Assistant Building Inspector/Zoning Officer Laura Predmore to attend the New York State Building Officials Conference, Inc., at Ellenville, New York, September 21 thru 23, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RECORD MANAGEMENT SEMINAR RESOLUTION NO. 221 Motion by Councilvonan Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereh^ authorize Town Clerk Jean Swartwood to attend a Record Management Seminar in Binghamton, New York, October 6, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). MANAGER OF ADMINISTRATIVE SERVICES POSITION Supervisor Desch noted that this was to create the position and advertise for the position. Supervisor Desch asked if there were any questions? Councilman Cardman replied that he had seme coiinents and recorrmendations. He went on to say that he had requested Henry Aron that an item be put on the Personnel Cconnmittee agenda and unfortunately, he did not get the notice of the Personnel Ccmmittee meeting for August or he would have informed Mr. Aron that he would be out of town on vacation. He stated that his request was that the overall operation of the internal structure of the Town and how we manage things be reviewed. He went on to say that he would like to request that the Board not consider this action because he felt it was premature to that discussion and that the Board postpone Town Board Minutes 11 August 8, 1988 action until the Personnel Cannittee or the Town Board, in executive session, can discuss the entire matter of the organization of the way the Town is managed. He went on to say that he did not have a specific (Objection to this but he felt it was premature in relationship to his other question. Supervisor Desch replied that he felt Councilman Cardman needed to be a little more specific because this is getting to be a pretty urgent situation. We knew a month ahead of time that the position would be vacant so we want to go through and look at v^t the changes in the job description should be and that's been done. The Personnel Cormittee has approved the proposal. He stated that he was very concerned that if we leave it vacant for probably vtot would turn out be another six weeks to two months, that we are going to be in big trouble closing books and getting budget information. He asked how a delay on this might effect vdiat you have on your mind. Councilman Carxaman replied that in reading it quickly because he had just gotten it this morning, it looked to him like some rearrangement of administrative responsibility under this position. He felt that appointing the title of Manager of Administrative Services has seme ramifications in the way it is placed with the other senior people of the Town and also the reporting structure to the Board itself. He stated that he had not objections to fill Connie's position as Connie's position but not Connie's position redefined as he quickly read it here. He suggested that if there was an extra Monday the Board could meet in executive session and do that rather quickly. Si:ipervisor Desch replied, the only change, and perhaps you have picked it i:p is on page 2 \^ere it says sxapervise the secretarial services of the Town including support to Engineer, Planning and Zoning staff and the planning of Zoning Boaords and other areas as assigned. Provide secretarial support for the Town Supervisor and Town Board. These are the only changes. That's a streamlining irtprovement that will offer seme opportunities that perhaps we have not had in the past. Councilman Cardman replied, that very well may be, however, he wDuld like to understand more vtot the reporting lines are, how decision are make, how policies are set, how are they carried out, how can the Town Board become more involved in that, how can we become more active in those processes and he felt this was an opportunity to do that and my establishing this position it's taking a step that we may have to undo or may want to undo in the very near future. Supervisor Desch asked if there were any other comments. He went on to say that he was very concerned that a delay of a month will do injustice to the vhole process of getting critical thing done, including some borrowings that are coming up, as well. We are pretty short staffed and he did not know that any changes that would come out of any long process will have any effect on vhat is proposed here. Councilwcman Raffensperger asked Comcilman Cardman if he would be willing, at this point, to have the position advertised with the deletion of vtot is basically the only change in the position, that is the administration section, so that the process could begin and in the interim do the kind of overall examination of the structure you have in mind? Councilman Cardman replied, supervision on the second page? Town Board Minutes 12 August 8, 1988 Councilwcman Raffensperger replied, as she understood the Supervisor, that is the only difference dLn the job description between the one that Connie had and the one that is being proposed. Supervisor Desch remarked, the only problon he would have with that is that if in the interview process the applicants could be made to understand that there is the possibility that that could be added in the short run then he would be ccmfortable with that. Councilman Cardman replied, as long as no ccninitment was made to them that that would happen. Any job is subject to e2^)ansion at any time with the appropriate reclassification and the proper upgrading of salary- But he would not want the applicants to be lead to believe that they would be supervising these employees or any definite canmitment at any time in the future. Councilman Cardman stated that he shared the Town Supervisor conceims because he understood the necessity of having people that are familiar with the process on board to be able to close and open the books but any person that we hire is not going to have that experience immediately, he is going to have to be trained. He went on to say that he thought that if we wait two weeks and in the interim maybe Henry Aron with the help of the Personnel Committee he could get seme of his questions and concerns to Mr. Aron and he could get something so that vAien and if we do have a special meeting of the Board, then we can move this thing along. Supervisor Desch replied that he was not sure vtot communications the two of than have had but the Personnel Committee has gone through this in detail, so he had a problem with going back past that point. Councilwcman Leary stated that she was not able to attend that meeting and, therefore, only two people from the Town Board had attended the meeting. This is an important enough issue that it might require the full Board with the Personnel Committee. Henry Aron, Chairman of the Personnel Committee remarked that he would like to clarify some things. Councilman Cardman requested an overview and a discussion as to the structure of the \diole personnel and sipervision and it's responsibilities, \diich the Town adopted last year. We had a meeting last week, \toch was on the agenda, but since you were not here we tabled that until the next meeting vdiich will be held in September. Councilman Cardman thou^t this was an opportunity to incorporate this position restructure into that conversation so that he could develop a better understanding of v^at the reporting structures are, possibly make seme reccninendations on seme possible changes. He just felt the Board should not move forward on this position, as this time. Supervisor Desch replied, that his assessment was that it was too urgent to postpone and that he would move the resolution, as proposed. RESOLUTION NO. 222 Motion by Supervisor Desch; seconded by Councilman Bartholf, WHEREAS, the vacancy in the position of Assistant Budget Officer has suggested a review of the various administrative functions of the Town, and WHEREAS, the timing of such review is coupled with the overall review of job descriptions, and Town Board Minutes 13 August 8, 1988 WHEREAS, the preparation of the 1989 budget and close out a fiscal matters for 1988 indicates the urgent need to fill the vacant position, NOW TFffiREPORE BE IT RESOLVED, that upon the recanmendation of the Personnel Canmittee, the Town Board hereby modifies the job title and description of the Assistant Budget Officer position to the position of Manager of Administrative Services with no change in the currently established salary range of $21,000 - $30,000, and BE IT RESOLVED, that the organizational chart of the Tcwn be modified in accordance with the change in job description, and BE IT FURTHER RESOLVED, that the Tcwn Board authorizes the advertisement to fill the vacancy. (Desch, McPeak and Bartholf voting Aye. Nays - Raffensperger, Leary and Cardman). Councilvranan Raffensperger remarked that she would go back to her original suggestion, that we can acccnplish several things by authorizing the advertising of the position as it is presently constituted with the understanding that during the interviews the applicants will be made aware of the possible change in structure. RESOLUTIOSr NO. 223 Motion by Councilwcamn Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the advertising of the position of Assistant Budget Officer as presently constituted, and FURTHER BE IT RESOLVED, that the Interviewing Ccwmittee will seek persons with supervisory ability. (Desch, McPeak, Raffensperger, Bartholf, Leary, and Cardman voting Aye. Nays - none). SALARy INCREASE FOR PARKS FOREMAN AND CLASSIFICATION CHANGE FROM LABORER TO MECHANICAL EQUIHyiENT OPERATOR RESOLUTIOJ NO. 224 Motion by Coiancilman Bartholf; seconded by Councilwcman Raffensperger, WHEREAS, the Town Highway Superintendent, following testing and evaluation, has recommended the upgrade from Laborer to Mechanical Equipment Operator of Mr. Joseph McCoy and Mr. Gene Redman, and WHEREAS, the Parks and Open Space Planner, with the approval by the Highway Superintendent, has recommended that the pay scale of the Working Foreman - Parks and Open Space be conparable with the Highway Department Mechanical Equipment Operator, NOW THEREFORE BE IT RESOLVED, that upon the reconmendation of the Personnel Canmittee, Mr. Redman and Mr. McCoy be reclassified to Mechanical Equipment Operators with respective salary increase from $7.00 to $9.00/hour and $8.50 to $9.00/hour, and FURTHER BE IT RESOLVED, that Mr. Don TenKate be increased from $7.80/hour to $9.00/hoiu:. Town Board Minutes 14 August 8, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). APPOINTMEM' TO FILL TOWN BOARD VACANCY Sijpervisor Desch remarked that the Board had received letters frcm four people, Dooley Kiefer, Gloria Howell, and from the Republican Party supporting Alfred DiGiaccmo and frcm the Democratic Party supporting David Klein. RESOLUTION NO. 225 Motion by Councilwcman Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca herel^ appoint David Klein to fill the vacancy of Raymond Bordoni on the Town Board for the remainder of the year. Supervisor Desch noted that there was a suggestion that it would be appropriate to interview the people v^o have e^^ressed an interest, either through their party or not and he felt, since four people had applied, it would be appropriate to do that at seme convenient time in the near future. 9 Councilman Cardman replied, you mean before any vote or whatever? Supervisor Desch replied, yes. Councilwcman Raffensperger stated that she would be glad to withdraw her motion and go for interviews. Councilman Cardman withdrew his second. Supervisor Desch suggested that the interviews be held at noon on August 30th. RESOLUTION NO. 226 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct interviews for candidates to fill the vacancy created by the resignation of Raymond Bordoni for the remainder of 1988 at noon on August 30, 1988. (Desch, McPeak, Raffenspeirger, Bartholf, Leary and Cardman). Nays - none). The Board agreed to fifteen minutes for each candidate. PUBLIC HEARING TO CONSIDER AMENDING THE TCWN OF ITHACA TRAFFIC ORDINANCE TO PROVIDE FOR SIQStAGE ON DATES DRIVE Proof of posting and publication of a notice of a public hearing to consider amending the Town of Ithaca Traffic Ordinance to provide for signage on Dates Drive having been presented by the Town Clerk, the Supervisor opened the public hearing. Sijpervisor Desch asked the Town Attorney if he had prepared the draft ordinance? Town Attorney John Barney replied that he was not sure the ball was in his court or actually some vdiere else. He stated that he did not think he had received the language yet. Town Board Minutes 15 August 8, 1988 Supervisor Desdi replied, you may not have the language yet. He asked the Town Engineer to describe the signage. Town Engineer Flumerfelt replied, vtot we are proposing is stop signs on Dates Drive at the intersection with the present road where the traffic light is vhere you enter the hospital and a stop sign at the north end. RESOLUTION NO. 227 Motion by Councilman McPeak; seconded by Councilwoman Raff ensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct an adjourned hearing on September 12, 1988 at 7:45 P.M., to consider amending the Town of Ithaca Traffic Ordinance to provide for signage on Dates Drive. (Desch, McPeak, Raff ensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Deborah Dietrich remarked that v^en the Board was looking at the signage they might consider one of the intersections that is really dangerous on Route 96 is near the Professional Building on Route 96, if you were to consider putting a one-^way sign in off Route 96 and have everybody exit to the road to Dates Drive v^ere they then would ccme out at the light, it might be safer. Supervisor Desch replied, ^that is a private driveway, that's the problem. Getting the owners to agree to that is the problem. That's been tried before, maybe it's time to try again. He asked the Town Engineer to talk to Dr. Mitchell again about that. Mrs. Dietrich noted a number of accidents there with the 55 MPH zone there and even though you have a light before that people have picked up speed and are going 55 MPH by the entrance/exit. Supervisor Desch renarked that he thought that was 45 MPH now. Mrs. Dietrich replied no, it's 55 MPH from the Mayers School up. Supervisor Desch replied that the State had reduced the speed and questioned v^y the State had not posted it yet. He felt that even at 45 MPH there was a problem. He asked the Town Engineer to check on this. Town Engineer Flumerfelt remarked that on Danby Road, per our request, the State did reduce the speed limit from 55 MPH to 50 MPH but in our letter of request we suggested that the lower speed limit apply until at least you got beyond the traffic lights by Ithaca College but it changes as you go up hill. You are in a 40 MPH zone then it changes to 50 MPH just before the traffic lights v^ch maybe we could talk to the State again about. PUBLIC HEARING TO CONSIDER AMENDING THE TCWN OF ITHACA TRAFFIC ORDINANCE TO BAN THROUQl TRUCK TRAFFIC ON HONNESS LANE Proof of posting and publication of a notice of a public hearing to consider amending the Town of Ithaca Traffic Ordinance to ban through truck traffic on Honness Lane having been presented by the Town Clerk, the Supervisor opened the pxablic hearing. Supervisor Desch noted three letters frcm property owners all of v^ich live on Honness Lane supporting the amendment or the adoption of a local law prohibiting through truck traffic above five tons. Town Board Minutes 16 August 8, 1988 Councilman Cardman noted that the County was doing a traffic study and asked when the traffic study would be available? Town Planner Susan Beeners replied that the traffic study would be a modeling system viiich will better equip the County to have Cornell and other evaluate traffic patterns and different types of improvements, will be available in Septorber. What the time frame for inprovement can't really be specified at this time. She went on to say that it certainly would be the Board's decision as far as vdiether you would want to defer this until sane future date but it might be to a period that might not be satisfactoiry to those residents along there. Professor Nell Mondy stated that sane of her neighbors are in Germany and sane are in Greece and Italy, etc., sane have written letters and she would like to make a statement. Professor Mondy went on to say that \dien she bought her house on Honness Lane she bought it as a place v^ere she could sleep and vdiere she could live in peace. In recent years they have had two developments in the area but in addition we have trucks that cane different times in the night. She stated that she had been awakened at 3:00 A.M., and 4:00 A.M., and then not be able to go back to sleep after being awakened by the large trucks. In addition, at her house, she has had her TV cable taken down about five times, she has been without TV several nights because it has occurred different times of day. This has been done hy trucks. She noted that her telephone lines have been taken down three times, one time she was at hcme vhen it happened and soimded as if the whole house was caning apart. At that particular time, they took dcwn her lines and her tenants lines. She was expecting long distance calls that night as so was her tenants, the two lines got crossed and they were without a telephone service for over a day at a very crucial time in her life. Professor Mondy went on to say that in addition she has developed a health problem and she and her Doctor are more or less convinced that part of it is due to the dust. She stated that she has never been allergic to anything. When this started, the trucks were carrying dirt and they spill the dirt on Honness Lane. There has been a lot a dust in the air, her window will show it. She had to postpone painting her house once. The trucks carrying the dirt are part of the problem and she is taking shots every week for this and have been for over a year. She stated that she has really been paying a price for this and woiild be very grateful to the Board if they would give extremely thoughtful consideration to this. It also bears down on her nerves v^en she doesn't sleep. She stated that she has had to leave her house at seven in the morning and go to her offices as she just couldn't take the trucks. They usually start a little before 7:00 A.M. and then they are constant. In recent weeks it has been scmevdiat better but she pleaded with the Board, she was not alone in this. It is a very serious matter and she and her neighbors would appreciate it if the Board would again consider the petition they presented in April of 1986 with 39 names on the petition. Supervisor Desch asked if there were any questions on the environmental assessment? Councilwcman Raffensperger asked the Town Engineer if he would care to comment on the environmental assessment as he had prepared it. Town Engineer Flumerfelt replied, that the only pertinent comment that he could make was that if the truck traffic is banned on Honness Lane, the truck traffic is obviously going to take another roate and that could be going out further on Slaterville Road and making a left and going over Pine Tree Road or it could cause more trucks to use a route through the City. Understand that trucks are allowed to use any State numbered route or marked truck route in Town Board Minutes 17 August 8, 1988 the City of Ithaca. He felt that after the Grandview Subdivision work and Eastwood Ccnroons construction work is ccan[pleted that a lot of the truck traffic would probably disappear but that he did not doubt there were trucks at night using the road. They will have to use a different route so in effect the problem will be shifted to another area. The environmental effects will be lessened in one area and probably increase in seme other areas. Si:ipervisor Desch asked the Town Engineer for nunibers. Town Engineer Flumerfelt replied that he did not have any numbers. The truck counts made during the Richardson Study should be available soon. He felt it would be scmeviiat helpful to have the results of that study although he was not siure how the computer modeling program will work in relation to simply trucks. It maybe only applicable to automobile traffic and he was not sure yet v^ether the program was going to be of use to us as far as v^t happens to truck traffic vdien you close a certain link between two places. As no one else wished to speak for or against the proposed truck ban, the Supervisor closed the public hearmg. RESOLUTION NO. 228 Motion by Councilman Bartholf; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance on the proposed through truck traffic ban on Honness Lane. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Councilman Cardman remarked that he still went back to the point that he didn't doubt that there is an annoyance with the truck traffic but he felt the Board needed to understand that if we prohibit it on Honness Lane, if this Richardson Study is going to give us any capability of being able to determine v^t problem we are going to cause next, that we should take that time to do it. Are we going to be back here in six months with another street with the same request? Supervisor Desch remarked that one of the problems was that the City has more stop lights so the tendency is instead of continuing up State Street hill and up Dryden Road is to shoot out East State Street and up Honness Lane and turning left on Pine Tree to deliver things to the P&C, the East Hill Plaza and Cornell, etc. He felt the problem was going to be there no matter vtot data you get and probably in terms of trucks it won't be fine tuned enough to enable you to make any easier decision. Councilwoman Leary asked if the Board would leam anything from the new program being developed, the Traffic Circulation Stu<ty? Town Planner Beeners replied that what that study should help the involved agencies do, is to look at and probably come up with seme kind of a master plan for circulation inprovements in the north-south corridor. Informally in talking with other planning staffs, the desired outcome has been a master plan that everybody would be able to agree on showing a v^ole series of traffic, transportation inprovements so that it was not looking at doing something on one street and then it jumps into another street or neighborhood and then this sort of a boomerang effect i^ch nobody wants to really accept. Town Board Minutes 18 August 8, 1988 Si:5)ervisor Desch remarked, frcm a planning standpoint we are seme numbers of months away frcm having scmething definitive. Town Planner Beeners replied, true. That is tirue, or it could be a year or so. Councilman Cardman remarked maybe the selling point is vdiat we are doing is prohibiting truck traffic on a town road that by no means is designed nor did the neighborhood expect it. Professor Mondy remarked, we do have State Street which is a State road and is so close by and is not out of their way, they are just taking a shortcut up Honness Lane. So it really is not putting it way over on scmebody else. Councilwanan Raffensperger remarked that she thought that there was no doiabt that the trucks that are on Honness Lane are there because they are not using Dryden Road for a number of reasons. It's true that in the Richardson Study and the ccmnittee that led up to it we are ccramitted to cooperate with the City and specifically the people on Dryden Road in an attempt to solve seme of our traffic problems. She stated that she would be willing to go along with, this at this point with the understanding that vAien the Richardson Study if operative, v^en we have the means of getting the information to see vhat we are doing, that the Honness Lane neighborhood understand that at that time we are going to have to look at the entire circulation picture and may have to reevaluate. In the meantime, however, if the Board would accept it you would have a little rest anj^ow. Councilman Caiximan stated that he would be comfortable with that as long as everyone understood that when we get seme information we may have to reopen and look at the whole picture to solve the greater problem and just because we doing a very necessary step here it does not preclude this being looked at again. Supervisor Desch added, that's true of Forest Home too. LOCAL LAW NO. 8 - 1988 Motion by Councilman Cardman; seconded Councilman McPeak, LOCAL LAW NO. 8 - 1988 A LOCAL LAW PROHIBITING THROUGH TRAFFIC OF TRUCKS, COMMERCIAL VEHICLES, TRACTORS, TRACTOR-TRATT.RR COMBINATIONS AND TRUCKS IN EXCESS OF FIVE (5) TONS ON HCMJESS LANE IN THE Km OF ITHACA, NEW YORK Section I This local law is adopted pursuant to the authority of Sections 1660 of the V^icle and Traffic Law of the State of New York and Section 10 of the Municipal Hcme Rule Law of the State of New York. Section II This local law is adopted in order to minimize the adverse irrpact of traffic upon the Honness Lane ccnmunity and upon Honness Lane, and in order to pixxnote the health, safety and welfaire of such ccramunity. Tcfwn Board Minutes 19 August 8, 1988 Section III No through traffic of any truck, conmercial vehicle, tractor, or tractor-trailer conbination, weighing in excess of five (5) tons, shall be permitted on Honness Lane. Section IV A violation of this local law shall be a traffic infraction. Every person convicted of a violation of any of the provisions of this local law shall for a first conviction be punished by a fine of not more than Fifty Dollars ($50.00) or by jjtprisonment for not more than fifteen (15) days or by both such fine and imprisonment; for a second such conviction within eighteen (18) months thereafter such person shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than Forty-Five (45) days or by both such fine and imprisonment; upon a third or subsequent conviction within eighteen (18) months after the first conviction such person shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00) or by imprisonment of not more than ninety (90) days or by such fine and imprisonment. Section V Local deliveries and pick-ups to and from properties located on Honness Lane by vehicles otherwise prohibited from using said highways by the provisions of this law shall not be prohibited hereby. Section VI This local law shall be effective 10 days after its enactment or upon the later erection or posting of signs or markings giving notice of the restrictions contained herein. Section VII This local law shall not sipersede, but shall be in addition, to any other local laws, state laws, or other law governing truck traffic on Town roads including, without limitation, 1980 Local Law Nurhber 2. Sipervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 8 - 1988 was thereupon declared duly adopted. PUBLIC HEARING TO CONSIDER A LOCAL LAW REZCNING A 15.86 ACRE PORTION OF TCWN OF ITHACA TAX PARCEL NO. 6-24-4-14.2, LOCATED AT 1290 TRUMANSBURG ROAD, 48.86 ACRES TOTAL, FROM RESIDENCE DISTRICT R-15 TO BUSINESS DISTRICT "B", AND WITH RESPECT TO THE PROPOSED Town Board Minutes 20 August 8, 1988 REZONING OF A 12 ACRE PORTION OF SAID TAX PARCEL FROM RESIDENCE DISTRICT R-15 TO MULTIPLE RESIDENCE DISTRICT Proof of posting and publication of a notice of a public hearing to consider a local law rezoning a 15.86 acre portion of Town of Ithaca Tax Parcel No. 6-24-4-14.2, located at 1290 Truiiiansburg Road, 48.86 acres total, from Residence District R-15, to Business District "B", and with respect to the proposed rezoning of a 12 acre portion of said Tax Parcel fixan Residence District R-15 to Multiple Residence District having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch stated that he would like to start off this public hearing with the opportunity for the Board, for the first time, to ask questions, if they so choose, of the developer. We will then open up the hearing to questions faxm the floor. He stated that the way he would like to do that portion of it is to alternate first of all with a person v^o might wish to speak in favor of the project, starting off with the people vdio live in the TOwn of Ithaca and alternating with a person \^o might wish to speak against. He stated that first of all he wished to hear frcm persons vdio have not had a chance to speak in the past, then after we have gone through that than anyone else vdio might wish to speak in favor of or against. Doria Higgins, 2 Hillcrest Drive remarked, seme of us v^o have spoken in the past, for instance she had not spoken in the past about issues she wished to address tonight, so she hoped she would be given a chance to speak. Supervisor Desch replied, you will have the opportunity to speak vdiether it's tonight or in the future. Councilman Cardman ronarked, a point of clarification, v^en we were up on West Hill, he stated that he got the impression that v^en Don Ellis presented his discussion, did he iirply that he had gone to Syracuse and had seen or had access to conversation with people vdio were aware of vAiat the State was going to reccnroend as far as the Route 96 issue? Town Planner Susan Beeners replied, yes he did. George Frantz was at that meeting and it was reasonably, as far as the location into the entrance into Kyong project and lining it with the ho^ital, that was really the best judgement as far as compatibility with any future interchanges by DOT. Councilman Cardman replied, you mean to imply that the sketch of, show me on the map v^ere 96 will intersect, vdiy don't we all know that. If you know it, he would like to know it also. Councilwanan Raffensperger added, she bet everybody would like to know it. George Krantz, Assistant Planner stated that at this moment, the Department of Transportation engineers in Syracuse have three alignments for the new Route 96 at the upper end of the highway. The route will come up from Ithaca, it will either be a two lane, possibly three lane with a climbing lane or possibly a four lane divided highway. He showed a map with the three alignments, the first one comes through the southern end of the parking lot and would take out about a third of the parking spaces v^ch will be moved around to the other side of the hospital. It will continue up and join with the existing Route 96 approximately 200 feet south of the Professional Building entrance. The old Route 96 will be turned to meet the new Route 96, actually right v^ere Dates Drive will meet it, so there will be a cross over intersection there with Town Board Minutes 21 August 8, 1988 a traffic signal. The second alignment comes a bit further south it takes out the existing residential units at the hospital and of course it aligns just a little to the south of the first alignment. The third proposed alignment comes and goes through the existing Paleontological Research Institute and then adjoins Route 96 further south. Again, with all of these, the old Route 96 will be curved to join the new highway at a right angle with a traffic light. Supervisor Desch remarked that the Town Board was on record as approving these three alternatives. Councilman Cardman ronarked, no matter vdiich one is recoratiended we are not talking about a great distance of intersection on 96 anyway. Supervisor Desch replied, right. George Frantz went on to say that the Department of Transportation engineers have no problems with an entrance to the proposed cormercial developnnent at the point on the plan if the first and second, the two north most alignments for 96 are chosen. Councilman Cardman questioned, then the proposed intersection for the development would be on old 96? George Frantz replied, it would be on old 96, yes. It vrould be at least 300 feet from the new intersection. Councilman Cardman remarked, so what you are saying is we can expect to see the first two alternatives and not the third? Mr. Frantz replied, they are not ccraraitting themselves. However, the third one creates an awful lot of problems. Number two and number three create an awful lot of expense due to the e3q)ense due to the cost of relocating the PRI elsev^ere. Councilman Cardman speaking to Coimty Representative Deborah Dietrich asked, you mentioned, v^en we were on West Hill, the possibility or discussion that the County might be making sane land available around the hospital for seme type of ccanmiercial development. County Representative Dietrich replied, that she did not say ccramercial. It's no fmrther than it was a month ago, appraisals have ccme in to the County but they are still private because they have not been shown to the full Board nor accepted by the full Board. We are aware of vtot the land is worth. Councilwanan Raffensperger asked about the present buildings on the site. She asked if they were being requested to be rezoned? Supervisor Desch replied, part of it is ccmmercial and part is residential. He then asked if her question was that the existing building were in the cormercial zone? Councilwoman Raffensperger replied, yes. She went on to say that in something she had read the largest proposed structure is 80' x 70' X 30', she asked vdiat structure that would be? Town Planner Susan Beeners replied that is the largest structures on the general plan vMch was reviewed by the Planning Board. Mr. Leathers added, in the front part. They are actually smaller but vdiat we are saying is that that would be the largest. Town Board Minutes 22 August 8, 1988 Councilwcman Raffensperger continued, scmev^ere in the environmental assessment form it says the site is served by public utilities, it isn't presently served by public utilities is it? It has water but no sewer? Mr. Leathers replied it has water but no sewer. The sewer is on 96 v^ich we would have to connect into. Councilwcman Raffensperger stated that she also has a question as to v^ether or not the multiple residence district is proposed to be a first phase of more development? Mr. Leathers replied, the actual phasing of the multiple residence, the intention is to build one or two units v^ch would be part of what you might call the first phase. The intention is to follow that with construction of the rest. There has been no timetable set for precisely how fast. It is not intended that all ten of those buildings would be built simultaneously, in fact one or two would be built and probably the existing v^t was the old bam would be renovated along with one of the caimercial buildings as part of that first stage of construction. Supervisor Desch remarked, but you are talking about in all phases of the multiple housing, you are talking about a maximum total of sixty units. Mr. Leathers replied, only sixty in total. Councilwcman Raffensperger ronarked, now in the business, she stated that she read in the resolution frcm the Planning Board and it says "at such time as there might be application for developnent of later phases in the Business "B" and Multiple Residence District", she stated that she was just trying clear up v^at the understanding was in that. What you are saying to me is that all phases of the Multiple Residence will be only sixty units. Now as far as the Business "B" is concerned, however, we do not have a site plan for the entire possible development, is that right? Mr. Leathers replied, we have a site plan for entire development. There is that portion that is on the southern side of the entrance road v^ch might in the future be used for future commercial use. It it honestly a very limited space there, we are not talking about extensive expansion beyond the 20,000 feet. The intention right now is only building 20,720 feet. Councilwcman Raffensperger asked, is the resolution for rezoning as presently done, it does not restrict it, however, to 20,000 in the future for all of the acreage? Supervisor Desch replied yes it does unless you rezone it again. Mr. Leathers added, yes it does, it restricts it to 20,000 feet. Town Planner Beeners added, in the draft local law for this it would restrict the ccmmercial to the 20,720 square feet and would restrict it so that there would be no development south of the proposed entrance road and there would be no more than the sixty dwelling units in the multiple. Councilwcman Raffensperger stated that the business confused her the most because as she read the Planning Board minutes she sees in the Planning Board minutes vdiere the Planning Board discussed it with the Tbwn Planner and talked about the 20,000 square feet and you clearly said, and maybe this was earlier in the process and it has now been changed, that the potential for further ccmmercial Town Board Minutes 23 August 8, 1988 developnent on that site was there and you considered it desirable. She asked if she had misunderstood this? Town Planner Beeners replied, yes she did report that there would be roan for seme moderate e3q)anded ccramercial developnnent on the site. There was seme discussion by the Planning Board as to whether the actual area proposed to be zoned to Business "B" be restricted so that, let's say you drew the boundaries of the ccaiinercial area right through the center line of the proposed road you would be leaving an area of about three acres, then south of that proposed road and north of the substation on that parcel that would remain zoned R-15. She went on to say that v^at she, in trying to discuss this with the Planning Board, recotmended that that small area between the substation and the proposed road would not really be very suitable for R-15 developnent and that it might be better to try to provide a larger area v^ch could provide modest expansion of the ccmmercial area. Now v^t happened then though was that the Board's sentiment was that the cotmercial square footage should be limited at this time to vdiat is proposed so that there would be the opportunity for both Planning Board and Town Boai^d review at a later date if there was an application for expansion, so that the Town Board would have the opportunity to access really vdiat the need for that additional commercial was. Councilwcman Raffensperger asked v^y rezone such a large piece, if indeed v^t the developer is required to do in the future really constitutes a rezoning. Planning Board - Town Board approval? Why then rezone the vdiole piece now? Mr. Leathers replied, the reason we had to put the package together as we did is that first of all there is only six acres that we are actually building on. The ten acres are given to many different things, one is the existing house #iich is there vdiich is used as the Doctor's office and would be zoned cotmercial, as its use is now, a Doctor's office. That house happens to sit right on the piece of property v^ere the adjacent lawns, parking lot, the old little bam is naturally part of that. So it just makes sense to take that v^ole area in because we frankly want that as a buffer and we feel that would make a very nice green buffer on that side. Then as you continue down to the south, caning down we felt that that piece that was left just to the south of entrance road frankly is not very good for residential. We felt that it should indeed be part of the carmercial property and thereby the multi family in middle serving as the buffer to the residential. So that was the reason it was included in this even though it is essentially open and not being used. We felt that by putting these generous buffers in and landscaping then we could in fact achieve vhat we wanted, v^ch was that quality and that more rural feeling then having it very congested. Councilwcman Raffensperger went on to question, the request was for Business "B" and yet this is most often characterized as a neighborhood shopping center, do you consider the category of Business "B" as presently constituted in our Zoning Ordinance a really appropriate classification for the kind of cotmercial that you invision. Mr. Leathers replied, we felt it was appmpriate. We feel that most of the things we would want to do, in fact most of them, can happen in the Business "B". The deli without the restaurant can happen, a beauty shop, a flower shop, a drive-in bank, all of these can happen in a Business "B". This is type of neighborhood shopping we would have in there. Town Board Minutes 24 August 8, 1988 Coiancilvonan Raffensperger asked the Town Planner if the Planning Board had ever considered restricting the possible ccitinercial uses to scamething less than the full menu of Business "B"? Town Attorney Barney replied that he did not ever recall it every being discussed. The Town Planner agreed. Councilwcman Leary ronaarked, so that other piece of land that coxild be used for expansion in the future, you say is just three acres? Town Planner Beeners replied yes, it's between three and four acres. Town Attorney Barney replied, if it was left in it's present state it would be R-15 and somebody, v^oever owned it, could walk in the door with a subdivision plat that meets the R-15 requirements and be autcm^-cally entitled to it. If it is rezoned to the Business "B", in accordance with this local law, nothing can happen on the parcel in the absence of Planning Board approval and Town Board approval of the site plan. So, in a way you have a greater control mechanism if it is rezoned than you do if you just leave it alone as R-15. Councilwcman Leary replied, so you are not planning on e:q>anding necessarily but if you did and it were approved by the Planning Board and the Town Board you are only talking about three acres anyway. Supervisor Desch replied, within the area not an additional three acres. Councilman McPeak asked, the exit that you are planning on Hayts Road, now that's in Stage II or Stage III that's not in the plans for the first Stage? Mr. Leather replied, the iipper piece of property, there are no plans to develop that. They have absolutely no plans in anyway and the full intention, if it ever is developed, that it would be R-15. It would stay R-15, it would always be R-15. Councilman McPeak replied that he was just concerned about the intersection of Trumansburg Road and Hayts Road and that he had understood that the developer had planned on putting an outlet on Hayts Road. Mr. Leathers replied, if we did put a road in there, this was only on the suggestion of seme people along in the discussion, honestly we would consider that working with the Planning Board, but he was not sure that was the most desirable thing to do. It was intended, if anything, as an emergency access and there were other ways this could have gone. Councilman McPeak asked, then this was not number one in your priorities? Mr. Leathers replied, by no means. Councilwcman Raffensperger stated that she would like to hear a discussion of the safety of the access at the hospital road. She went on to say that v^en she first heard this, that the road was going to be right across frcm the light, she though it sounded safe, but in going there she had asked herself v^ether or not it really was a kind of safe access for commercial and multiple being used by the hospital. She stated that she recalled the resolution that we passed, discussing the need for the light there because of the hospital traffic. Town Board Minutes 25 August 8, 1988 Town Engineer Flumerfelt replied that he had to admit that he hadn't studied that intersection in detail but he assumed that if this plan is approved and the proposed entrance road is aligned with the present hospital road that that traffic signal would have to be modified or application would have to be made with the State DOT to modify that traffic signal, probably. It could involve seme intersection iirprovements, stripping, provision of turning lanes or stripping to provide for such. Generally an intersection of this type \»^ere you have a signalized control is felt to be on the safe side as opposed to an offset intersection or two intersections at that point. He felt that the cross intersection that is proposed can be made to be fairly safe. Supervisor Desch added, you would have seme grading to do, obviously. Seme cutting as you go into there, a little bit. Work the grade back so you have seme sight distance. Assistant Town Planner George Frantz remarked, the hospital and Biggs Catplex at this time generates approximately 1,100 in and out trips per day. We could probably assume that 75% of them use the traffic light and the other 25%, let say, go north off Indian Creek Road. So there are about 800 vehicles per day entering and leaving the hospital. At the peak hours, vdiich are between 7:00 A.M. and 9:00 A.M. and then 4:00 P.M. to 6:00 P.M. you could probably expect maybe 100 to 150 vehicles per hour entering or leaving the hospital. That's well within the safety limits for a traffic device. Councilwcman Raffensperger remarked, even with a left turn pattern? Mr. Frantz replied, yes. Especially in the evening, there would be a predcminately left turn out of the hospital. mm Councilwcman Raffensperger asked if the hospital had carmented on this proposal? Town Planner Beeners replied, they received a copy of the proposal, Bonnie Howell did, it was specifically directed thought at the hospitals comments on the tank. The water tank. It was clarified after that that the tank was not the hospital tank as it appeared to be identified. So they were indirectly notified, they did see the proposal. We have not had any response from then as far as their reaction to the concept of this plan. We have had several petitions received from staff at the hospital in support of the project. Councilwcman Raffensperger remarked, the hospital board did not pass a resolution, it was her understanding they did, but it was hardly of substance because her understanding was that they passed a resolution that said they had insufficient information in vMch to have an opinion. Mr. Leathers replied, we met with the Buildings and Groimds Ccninittee from the hospital and made a presentation to them approximately a month and a half ago, and at that time they had a few questions particularly relative to access. There was no resolution from that meeting, it was an informational meeting. tms, Supervisor Desch stated that he had a question for the Town Planner. He went on to say that we have heard a great deal of concern esqjressed by not only West Hill people, but people generally, about the justification for the need for commercial and multiple family development on West Hill. He stated that he felt this was a central issue in the vdiole proposal. He asked the Town Planner if she had any information that she could share with us on that subject? Tcfwn Board Minutes 26 August 8, 1988 Town Planner Beeners replied that she and George Frantz have been looking carefully at the existing population in the area within a radius of vhat would consist of about six to ten minutes driving time, the way one would normally define a neighborhood shopping center service population. And also at the population within about a mile of that district. What it does confirm though is that based on existing population and vhat could be cuinrently foreseen in the near futiare as far as population growth goes, the 20,720 square feet proposed of coaranercial space is need^ for neighborhood service to get your minor routine grocery items and to provide seme other services that you can get in Business "B". Looking at square footage of commercial requirements for that population within that area, it's a pretty close match so it is not really expected that having that small size of ccnmercial would really induce any great amount of residential growth. Another thing that has to be weighed in this is that it is between two and four miles to any comparable services and part of that involves going over two miles down through the octopus to buy that loaf of bread or quart of milk. She went on to say that as- far as the need for multiple residence development, there have been studies that were done at the City, that the Board is familiar with, and that have also been confirmed by staff here that indicate that the Town of Ithaca, the v^ole area, may need up to about 900 new dwelling units in Idie next few years just to acccramodate the population growth, the decrease in household size and also to try to inprove the residential vacancy rate and bring it up from vhat is now aroimd 1 to 2% v^ich means high rents in rental housing up to a level of around 5% v^ch would allow for lower rents and better maintenance of rental property. If you consider that 900 new dwelling unit needs, vhich has been established, and also consider the great need for housing to be moderately priced, especially v^en you are in an area v^ere there is an employment center there of about 1,500 people, right around the vicinity of this site, then the 60 dwelling units vhich are proposed will be an extremely modest contribution. She went on to say that if there were further questions about vhat she had just stated she would be glad to turn it over to George Frantz to sumnarize some of the numbers. Edward Hollister, 173 West Haven Road stated that he felt the project is worthy of consideration and should go through. Athena Grover, 1486 Trumansburg Road remarked that we do have a store a little over a mile from the hospital entrance that serves food and has takeout. You can call and order your hot food and they will bring it to you plus your loaf of bread and your jug of milk. Lennie Frances stated that he would like to speak positively for the neighborhood center on the West Hill. He stated that he had found in the past years that West Hill homes have sometimes been very difficult to sell. This is just a point that he would like to make and he finds that the reason might be is that the people that would like to buy those want a small place to shop or do their banking. He stated that he has heard these comments from a variety of different people. Residents and visitors have to go elsevdiere, sometimes to another township for any services at all. He felt that considering this proposal we have an opportunity for a very well planned West Hill development that happens to be architectually designed rather than a helter skelter plan that might dot the hillside with modular or mobile homes. There are a number of business people in the conntunity and residents that would welcome a chance to iirprove our community since we all use that area, the hospital is obviously there. He went on to say that he foiand in past meetings, that a lot of people v^o came to speak positively were very much intimidated by the noisy and rude crowd that shouted frcan their seats. He felt this was unfortunate. Some Town Board Minutes 27 August 8, 1988 elder residents viio wanted to speak positively just were afraid to speak up at all. He felt that if people wish to put their positive energies in a public meeting they should think about the more severe environmental issues, like the duitp where most of yoior crap and garbage is towad to a totally other area. He went on to say that he did not see very many of these people speaking up at those seminars. Rosaline Grippi, 423 East Seneca Street stated that she had gone to Syracuse and looked at the transportation layout for Route 96 and it seemed to her that at one point the new 96 met the old 96 in front of the Kyong vhere we have our property and she had discussed how this vhole thing was going to be routed and they would have to go back on, she believed, the old 96 to get access to the connercial area. Mrs. Grippi went on to say that they own the two building inmediately to the north of the Kyong property. These are two historic buildings vhich they have adopted for use as a residence and studio vhile retaining the identity of the buildings as a schoolhouse and a chapel. We want to bring these buildings to the attention of the Board because she believed they have been ignored in the discussion of the Kyong rezoning. Particularly as the Kyong rezoning plan has ignored our property, she felt, and have even failed to mention us vdiere it would be appropriate. For exairple, in an Ithaca Journal letter, Mrs. Holmberg the Kyong's lawyer, argues that there are few residences in the area mention instead is made of the Biggs Complex, the Mayers School, the nursing hone, the professional building and doctor's offices. Yet the chapel and the schoolhouse, the schoolhouse is now a residence, and v^ch has been a residence for nearly twenty years is within 150 feet and is contiguous to the Kyong project. This happens frequently enough in documents sutmitted to the Town by Dr. Kyong to make us suspect that it is purposeful. For example, she has a copy of the draft resolution that has been prepared for the Town Board for this evening, should they approve the Kyong Proposal, it describes in deed like fashion the parcel to be approved for Business "B". The reference to the property north of the ccmmercial areas, and our, she thought, occupies nearly 200 feet of that as the boundary for the ccmmercial areas is simply referred to as premises now or formerly of the West Hill Cemetery Association. In Part II of the Environmental Assessment, Kyong responds to the environmental assessment inquiry of the inpact of his project on the land and there his response is that subject parcel is adjoined by the appiroxiraately 100 acres of land to the south by a cemetery to the north and by the Tcmpkins County Hospital across Route 96 to the east. Again, our property is assumed in the identification of the area to the north as the West Hill Cemetery. Mrs. Grippi went on to say that regarding another inquiry on the projects inpact on historic and archaeological resources on that site that is being proposed for rezoning or contiguous to the site the Kyong response is sinply a reference to his historic site. "The site includes a locally listed historic structure". No mention is made of the neighboring chapel and schoolhouse yet our two buildings are discussed and photographed on a book on West Hill historic properties and a full page accoiint of it then appeared in the Ithaca Journal. If Dr. Kyong does not recognize that this is historic property that has to be considered, Syracuse does and the Department of Transportation has the school and chapel listed in their directory as historic properties, not to be touched. Like wise in an environmental assessment inquiry, the same thing of aesthetic resources. Dr. Kyong does not mention the chapel and schoolhouse, they are xmique and unspoiled, instead he says because of the locational advantages of the site including its adjacency to the Biggs Center, the Tcmpkins County Hospital, the Trumansburg Road Professional Building, etc., etc., and the West Hill Cemetery no significant adverse inpact to esthetic resources or the Town Board Minutes 28 August 8, 1988 character of existing land use is expected. She believed this was purposeful. One can only believe frcm these responses that there are no residents to the north, iinnediately to the north, no historic property, no buildings in use, only the West Hill Cemstery. This makes it convenient to think that there is no immediate neighbor immediately contiguous to the property only the cemetei:Y. Therefore, the Town Board need only consider the Kyong property. We are R-15 now, we vehemently oppose rezoning. And to rezone to a multiple housing district and a commercial district seriously deprives us of the enjoyment and the use of the property as we have used it and have enjoyed it and are enjoying it for nearly twenty years. She stated that she wanted to ronind the Board that zoning changes and she quoted fixm State Law must be concordant with total planning strategy reflecting consideration of the needs of the ccitMunity and there must be ccnprehensiveness of planning rather than special interest and irrational adhoclary. Not only is our position curious, that is the schoolhouse and the chapel will be R-15 just stuck up next no other R-15 area but the ^ole plan, in her view, is curious. She wondered if the State would consider a multiple district sandwiched between R-15 and a commercial zone as iinrational adhoclary. The plan does not service the public good, it helps Dr. Kyong make the most financially fran his property. The multiple zone sandwiched between R-15 and a conraercial zone is strip zoning not spot zoning but we would be a spot zone. We are not talking here about a subdivision vdiere a developer lacks road frontage and must worm traffic in and out, we are talking of rezoning that puts a multiple housing district between a commercial area and R-15 and leaves the comer property conpletely isolated and that cannot stand. She stated that she felt the plan was most curious indeed. She also stated that she wanted to say that the prime responsibility of the Planning and Town Boards, to cite frcm the booklet on zoning ordinance is to promote the general welfare of the community and this encarpasses the responsibility of overcrowding of land to facilitate transportation, to secure safety from danger and she felt that would mean to guard the hospital access, and to assure in making reconmendations and decisions on rezoning that there is a need for the proposed use in the proposed location and that existing and probable future character of the neighborhood in vdiich the use is to be located will not be adversely effected. To grant the Kyong's request for rezoning is to turn over to the Kyong's your responsibilities for fostering development in the interest of the public good and for protecting the character of the area and its future shape. It is to be esqjected that in an application for rezoning, the financial aims of the developer will be placed in arguments that might appear that the proposal promotes the public good. So that regarding the rezoning of sixteen acres for conmercial use Dr. Kyong states "we regard this location and intersection, the hospital intersection, as the best point on West Hill for satisfying the neighborhoods commercial needs". She stated that she felt the public felt that this was an area that should be reserved or abut the access to the hospital. Supervisor Desch noted that he had received a letter from Mrs. Grippi's attorney v^ich he presumed Mrs. Grippi would like entered into the record, although we will not read it now. Mrs. Grippi replied yes, that is perfectly fine. We remain vehemently opposed to the plan but we will not allow just the standing there of our paroperty. The following letter, dated July 29, 1988 was received fran Robert J. Clime, attorney for Mr. and Mrs. Salvatore Grippi, regarding the rezoning of property at Hayts and Trumansburg Roads: Town Board Minutes 29 August 8, 1988 "We are the attorneys for Mr. and Mrs. Salvatore Grippi vdio own a parcel of land, vhich is irtproved by two buildings, on the southwest comer of the intersection of Hayts and Trumansburg Roads. As you know, there is an application to rezone property immediately adjacent to my clients' property. That rezoning, as I imderstand it, would allow the property to be used for commercial purposes as well as for multiple housing. clients are vehemently opposed to such rezoning for the very reasons esqsressed by concerned residents in the immediate area as well as concerned residents throughout the Town of Ithaca and County of Tcmpkins. In addition, this plan will deprive my clients of the present use and enjoyment of their land. While they are strongly opposed to such rezoning, I have convinced them that in the event the rezoning is affectuated, such rezoning should embrace their property as well. In that connection, I call your attention to the map of the area and ask that in the event the Town Board reviews this rezoning application in the future that it be made aware of my clients' position that any action in this area by the Town Board embrace iiy clients' property as well." Mrs. Grippi went on to say that the map included in the application was incorrect, it shows 500 feet from Hayts Road to the beginning of the ccmmercial area and actually it's less than 200 feet. She then showed the Board the m^ that she was referring to. Doria Higgins, 2 Hillcrest Drive stated that she would like to quote from Robert Anderson vdio is considered by those in legal community, familiar with planning matters, to be the foremost authority in the county on zoning. "Homeowners have a right to rely on the zoning that existed v^en they purchased their property and to depend on zoning not to be changed except v^en change for the public good." We do not see how you or anyone could argue that such drastic rezoning as is being requested for the Kyong property is for the public good. Increased traffic in neighborhood vhich most certainly will result is not for the public good. The assunption made to you by the Planning Department and by the Kyong spokesman that tMs proposed rezoning will decrease traffic is absurd on the face of it. Increased density, \^ch is a major factor in the proposed rezoning is certainly not for the good of the neighborhood. The argument has been presented to build a shopping center on West Hill now will prevent greater sprawl in the future. This argument is clearly defeated by the dreadful sprawl between the Community Comers and Pyramid Mall and in any event, we already have a very good shopping center v^ch is only five minutes away from the hospital to Pete's, a grocery store, a liquor store, a drug store, four restaurants and a drive-in bank so its a lot of hooie to say we need a shopping center there. We need one perhaps further out but we don't need one where the Kyong's proposed one is. Many of us vdio live in this area have protested this plan with its proposed break in zoning continuity. We oppose this plan and any other plan which proposed such radical disruption of the present zoning plan without presenting good solid reasons for such disruption and we will in the future level the same valid criticism at the proposed ccmprehensive plan if it also disrupts and radically alters present zoning without good solid reasons. If the new ccaftprehensive plan is just something to accommodate things like ^ the Chamber of Commerce building next to Stewart Park and to accommodate the Kyong development then, she felt, you will have a lot of solid opposition to it. It seemed to her and many others here tonight that the vagueness of the Kyong plan makes it impossible to decide if there are some aspects of it vMch might possibly be viewed as contributing to the public good. Town Board Minutes 30 August 8, 1988 Ms. Higgins continued, saying incidentially, to answer Mrs, Raffensperger' s earlier question, at one point the hospital said they did not have enough specifics to make a decision about the Kyong plan but the decision they came to a month ago or two ago was not to take a stand at this point. This was a decision on their part, it was not just left hanging in the air. Ms. Higgins continued, we still do not know exactly v^at the Kyong*s are going to put on those 15,86 acres. Officials spokesmen for the Kyong's speak in appealing sounding terms saying possibly a deli, possibly a drug store, possibly a convenience food store, possibly a drive-in bank, the possibly is in their written documents presented to you. It is this kind of vague language v^ich has led a number of hospital employees to endorse the plan because they falsely assume there will be a restaurant for them to rush to in their thirty minute lunch break. But as you know, restaurants are not permitted under either the present or proposed rezoning. She stated that she might add that all of the buildings that have been referred to by Mrs. Holmberg in the letter that was referred to by Rosaline Grippi are all permitted imder the residential zoning that they are in, they are not seme kind of ccramercial zoning in themselves. They are permitted under the R-15 that they are in. For all we know, this proposed ccmmercial "B" center might not be a shopping center at all, it might end i:p being filled with insurance offices. We know that the former drug store in the professional building failed a few years back because of lack of business and she stated that she has heard that the operator of the beauty parlor now in that ccnplex is imhappy over the present lack of business. A continuing nystery is the question of vdiy the Kyong's are asking you to rezone almost sixteen acres to commercial usage yet promising you, or their spokesman promising you, that they plan to develop only 20,720 square feet. You need more than generalities from the Kyong's or their spokesman or the Town Planning Department in answer to this question. You need responsible and convincing reasons before voting. She went on to say, let me remind us all that \fdien the Kyong's were granted a variance on February 27, 1985, two months before they purchased the property so that Dr. Kyong could have his office there, no one in our neighborhood objected, our lack of protest was in essence a welcome to him. At that time, their lawyer Mrs. Holmberg speaking on their behalf to the Zoning Board of ^peals said at least twice to the Board that the Kyong's had no plans to develop or change the rest of the land. In fact the minutes of that meeting quote Mrs. Holmberg as saying the small parking lot behind the house "will not even be blacktopped because Dr. Kyong does not want the area all covered with backtop to detract fran it's beauty". Yet a meer year or two later the Kyong's are asking you, the Town Board, to radically rezone this land so that they can develop it ccmmercially and so that they blacktop at least five acres of it for starters and possibly more much later. This seems more than just a changing of their minds. It could be viewed by seme as a betrayal of the conditions under vdiich that variance was granted to them. In conclusion, she stated that she and others were deeply concerned over the increasing number of zoning changes by the Town of Ithaca for seemly arbitrary reasons or clearly to acccmmodate development at the expense of existing neighborhoods. John Bowers, 1406 Trumansburg Road stated that he had seme questions that he would like to ask perhaps the Planner and perhaps the developer, he wasn't sure which. At the very beginning of Ms. Beeners asserted, she had figures that showed the need or demonstrated the need, for a ccmmercial development on this area. He asked vbat were those figures? What is the nature of those figures and vbat are they? Supervisor Desch asked if they could be made available? Town Board Minutes 31 August 8, 1988 Town Planner Susan Beeners replied that they could be made available. Assistant Planner George Krantz remarked, vrfiat we did this afternoon was put together a lot of notes that we have been collecting over the past couple of months. The figures we have are for area basically West Hill fron Coy Glen north to Perry City Road. Mr. Bowers asked, figures of vhat? Mr. Krantz replied, figure of population and households. Currently there are approximately 677 households in the Town of Ithaca on West Hill and about 215 in the Town of Ulysses south of Perry Cit^ Road east of Van Doms Comers Road and excliiding the homes along Route 89. That comes out to approximately 900 homes. Using the projected medium household size for the Town of Ithaca including those homes in Town of Ulysses we estimate there are approximately 2000 people in that area and of that approximately 630 live within one mile of the proposed Business "B" district. There are a number of ways that Planners use to calculate the need for commercial services. The Urban Land Use Institute estimates that a small neighborhood oriented shopping center should contain about six square feet of commercial floor area per resident. Another Planner Stuart Chapin in his book Urban Land recommends about one acre of commercially zoned land for each 1,000 residents. Chapin's one acre per 1,000 residents equates to, given the Town's zoning regulations, that limits the commercial floor area on the parcel to approximately 25% of the parcels total gross area. The other 75% going to parking, entrance and exit drives and buffer zones and the likes so it comes down to about 10 square feet per resident. So just given the current population, the methods that planners use generally show that approximately 12,000 to 21,000 square feet of commercial area would be an appropriate size development on West Hill. John Bowers asked if professional Planners take into account vhat the residents of the area take to be the nature of the neighborhood that they live in? Is that a criteria of vhether an area needs a commercial development? George Frantz replied yes, it's a value judgement. John Bowers asked, how do you determine, have you determined there is a need for commercial development in this area on the basis of i^at the residents of West Hill want? And if so, how? Assistant Planner Frantz replied that he had looked at a number of things, including vhat the residents want and weighing that. John Bowers asked, how have you determined what the residents want? Mr. Frantz replied, one thing was through the petition \diich showed that approximately 20% of West Hill residents are opposed to the shopping center. There is a petition vMch he reminded Mr. Bowers he had submitted, looking at that petition there were between 400 and 500 people v^o signed it. Mr. Bowers inserted, over 500. The Assistant Planner continued, stating that many of the people vho signed the petition were not West Hill residents. They live as far away as Freeville, Brooktondale, Newfield, etc. Mr. Bowers inteannapted the Town Planner saying, but he wanted to know how you determined how many people don't want, do want this? Town Board Minutes 32 August 8, 1988 Supervisor Desch ronarked that he thought the Assistant Planner was in the process of telling him, if he would just be patient. The Assistant Planner continued, based on this petition we looked at the residents frcan West Hill \itio signed the petition and they represent approximately 20% of the residents of West Hill area of the Town. Mr. Bowers asked Mr. Frantz if he knew how opinion polls work? You take a very small sairple and from that sanple you project a figure. In any opinion pole, 20% would be an enormous number of people. He stated that he really questions the methods, in this case. Supervisor Desch suggested that the population figures and forecasts be made available. Mr. Bowers replied that he would be interested in these figures. He went on to say that he really thought it was premature to even be discussing this before these figures are made public. Mr. Bowers went on to say, you asserted earlier and explained to me how you figured out the need for ccmmercial area in a given area. You quoted sort of average figures and stuff frcm theoretical planning studies and vtot not, he stated that vtot he would like to know is if v^ether or not you have ccnpared the population in this area here with other areas of Ithaca and Tarpkins County? Mr. Frantz replied, yes. Mr. Bowers asked if those figures were available? Take for exairple, have you looked at Cayuga Heights to see how many people there are in Cayuga Heights and how far they are from a ccnmercial area? Have you looked at other ccraparable areas like say South Hill because he did not think we can just judge this in the abstract ws have to look at the situation in Ithaca. Are those figures available? Do we have ccraparisons of West Hill with other parts of the Toipkins County area? Mr. Frantz replied, yes we do. Mr. Bowers asked vdien would they be available? Mr. Frantz replied, you can stop in tcmorrow. Mr. Frantz ccnmented, we are not working in the abstract here. Mr. Bowers replied, that he might just add here, up until this moment all he has heard are abstractions. He stated that he has heard assertions on the part of the Planning Board that there is a need but this is the first time in all four months since this project was brought up that he has heard any specific figures or heard reference to any specific figures. Mr. Bower then remarked that he had another question vdiich he would like address to the Kyong's and the developer. He then asked, vdiere do you live? Where is your residence? Mrs. Kyong replied, Cayuga Heights. Mr. Leathers replied, Cayuga Heights. Mr. Bower replied, so then you don't live on West Hill. He asked, how would you feel about a neighborhood shopping center a couple of thousand yards frcm you in Cayuga Heights? Mr. Leathers replied, we are building a new house right now in Lansing. wife is petitioning to get a neighborhood shopping area there. We live about a mile and a half from Community Town Board Minutes 33 August 8, 1988 Comers, we go there at least two or three times a day and we enjoy it thoroughly. Mr. Bowers replied, so you like living near a shopping center? Mr. Leathers replied, very much. Mr. Bowers replied, so you really like it, you enjoy it? You think it good, right? Mr. Leather replied, extremely appropriate. Mr. Bowers continued, the residents of West Hill feel that they are close enough to shopping centers downtown and they don't want one. Mr. Bowers asked, how many cars do you estimate will be going in and out of the Kyong project, per hour, per day, v^atever? Town Planner Beeners asked Mr. Bowers if he did not already have those figures available fran the things you have gotten in the past? Mr. Bowers replied, no. The Town Planner replied, they are stated with this document here, they are stated within the traffic impact report provided in the booklet by the applicant, they are also discussed, as far as the iirpact goes, in the Town Engineer's analysis of April 5th \^ch she felt Mr. Bowers had access to as well. She stated that she thought the main point here is Mr. Bowers asked Mr. Beeners if she could give him a rough estimate of the figures? Mr. Beeners replied that she did not think that was relevant at the present time. She informed Mr. Bcwers he could ccme in in the morning. She stated that if Mr. Bowers was looking at the main essence of the analyses of the traffic irrpact is, it's that under the developnnent of the land that is proposed for rezoning for multi and business, if that were developed as R-15 under the current R-15 as residences, that there perhaps would be a larger inpact of traffic on Cliff Street and on the area then if it would be developed in the lower density that is proposed at the present time. You may review these statistics and if you will call and make an appointment we can make then available to you tomorrow. Mr. Bowers continued, so you don't have, at this point, just a rough estimate of how many cars you think will go in and out of the Kyong project, per hour, per day, whatever? He went on to say that he was asking this for a specific reason. Supervisor Desch remarked to Mr. Bowers that if he had those kind of questions and others like it to write the Town Planner a letter and she could respond. Paul Sayvetz, 201 Elm Street stated that he felt it was a miscarriage of public duty to schedule this public hearing in such a small room. He felt that a lot of people might not have shown up because they knew how small the room was. He stated that he was opposed to the rezoning of this land to ccmmercial, or whatever the ccmmercial zoning is that is being asked for. He went on to say that he saw the demographics of the Ithaca area as being a heavy concentration of jobs is in downtown Ithaca but generally to the East of downtown Ithaca and this kind of development will be a catalyst for a lot more residential development on the West side of town vdiich primarily be composed of people v^o will work on the Town Board Minutes 34 August 8, 1988 East side of Ithaca and vd.ll overload the street grid of the City of Ithaca more than it is currently with a lot of ccamiuter traffic every day and he felt it was irresponsible government planning to encourage the more intensive growth on the West side of the lake. The Chamber of Ccxnmerce promotes this area as a scenic tourist area and he felt that the West shore, close into town, is part of the important scenic beauty of this local area with it vineyards and orchards and so on, and that you ^ould not encourage intensive construction on that side of the lake. George Vignaux, 1470 Trumansburg Road stated that he had spoken before. He stated that he was unable to get into the meeting for fifteen minutes after it started, his wife was unable to enter the room until a half hour after it started and his son, vdio is also a voter, has not yet been able to enter the room. The last meeting that was held was held at the Mayers School. We filled the Mayers School with citizens v^o were interested in viiat was going on. He felt it was ludicrous that you scheduled this meeting in this roan at this time knowing the response that you had at the last meeting. He stated that he was still opposed to the project, there are many other people vdio are unable to be heard because they can't get into the room. He went on to say that he was appalled that you are cutting of the speaking of people vAio are opposed to it and limiting our time on it. He stated that if he had two minutes to speak then he would like to relinquish the remainder of his two minutes to Mr. Bowers. Mr. Bowers asked, what use is going to be made of the bam? He stated that the reason he was asking was because the house and bam are now under a variance, they are not zoned ccmmercial. However, under this new proposal the area that includes the house that is being used for the Doctor's office and the adjacent bam will be rezoned commercial. He stated that he wanted to know vdiat intended use was going to be made? Mr. Leathers replied, it's going to be put to exactly the same uses that it is being put to today. Mr. Bower asked, vMch is vdiat? Mr. Leathers replied, doctor's offices and the bam will be left just as it is for storage. Mr. Bowers ranarked, but it could be used, at some future date, under the rezoning for commercial development, is that correct? Mr. Leathers replied, there is no intention to use that for commercial. Mr. Bowers went on to say, it was stated earlier that you said that it wouldn't make sense, you are saying that you are only going to use v^t is it 20,000 square feet or something for an actual commercial space, right? Supervisor Desch replied, that's the building space. Mr. Bowers remarked, building space. And you said that it wouldn't make sense not to zone the rest of the vdiole 15.8 parcel commercial? And you said and the reason you gave for that was that you would have to leave it residential and then somebody could come along and ask for permission to put up residences on that area. Point one, if you have no intention of making it residential then we don't have to worry about that anyway and it would certainly allay the fears of the public vdio are concemed that you might at some future date expand in the v^ole area. And secondly, there is an altemative, you can zone 20,000 square feet cotmercial and you Town Board Minutes 35 August 8, 1988 can then simply donate or make over the rest of the land, vtot you refer to as a buffer zone, to the Town, He stated that he wanted to know vdiy, if your intentions are what you say they are you don't do that, ^y do you insist on rezoning this v^ole 17 acre parcel cotroercial? Mary Poyer, 1435 Trumansburg Road stated that she was not good at this, and she had heard a lot of the arguments against the proposal and she kept thinking of things she would like to say for the proposal vdien they are talking but now she couldn't think of them. But she wanted the Board to know that she definitely was for it and she felt it was a great idea and she thought our neighborhood could use it. Laura Holmberg, attorney for the Kyong's, stated that because her honor was impunged she felt that she should respond. She stated that vdien we asked for the variance for Dr. Kyong's office, they were looking for office space for Dr. Kyong when the Goff property came on the market and that's vtot they purchased it for. There were no plans, they did not buy it with any foregone plan to develop it and as Mrs. Kyong e^^lained early on in one of these many hearings, that the idea came to her after she had had nurses residing in the house before the office was ccnpleted and their difficulty in finding suitable housing anyv^ere near the hospital. And that was vhere the idea first came to her of trying to make seme development and it grew from theire. Supervisor Desch stated that the Board had two letters in support of the project that he would not read but should be entered into the record. A letter dated Jime 8, 1988 fixM Karen Donovan, a resident of Tompkins County, as follows: "I am writing this short note to show my support on the West Hill. The overall concept of Ccstmercial, Multiple Housing and Residential shows careful and sensitive planning to benefit all that may do business or decide to live in this new development. I feel that this particular plan has many positive features including - location, location, location, and a shot in the arm for West Hill. Whether entering or leaving Ithaca on Cliff Street you almost get the feeling you're driving through a deprived area. I sincerely don't understand how seme of the biggest ccnplainers tell us it will change their "beautiful neighborhood". The Kyong project will add a touch of class and convenience to the vhole area from Warren and Taylor Place past the hospital and up to Jacksonville. Having a drive-in bank and seme cute little shops will add some fun and ease the burden for those that live and visit this area." Also, a letter dated June 6, 1988 from W. Christianson, Uptown Village, as follows: "With so much controversy about the Kyong's development proposal, as a former resident of West Hill (currently. Dr. Goodfriend's office) for 7 years, I WDuld like to make a few comments. As a former resident, I can't help wondering vdiy some residents would be so against this development. Although I see their concerns about over conmercializing that area with already congested Route 96, I disagree with these residents' point of view. While I was living on West Hill, I can't tell you how often I yearned to avoid having to go through the "Octopus" for a few things I need to pick up at the grocery stores or to go to the Town Boand Minutes 36 August 8, 1988 bank. It seeans to me, the Kyong's proposal will not only provide convenience to the local residents but, also it will eliminate seme local traffic through the "Octopus". Furthermore, the Kyong's praposal also seems to consider the local environmental irtpacts by allowing more sufficient space for the businesses involved. Although not everyone shares the same opinion nor same vision, I believe the West Hill development is overdue and the Kyong's proposal seems to provide the needs. Therefore, in spite of vocal opposition of seme residents, I hope to see the respected board manbers support this development as being in the best interest of the West Hill ccmmunity." Supervisor Desch then asked the Board how they wished to proceed. He noted seme syirpathy about seme of the concerns about the size of the roem and people who might be outside wishing they could speak. Councilman Cardman remarked that he thought there were a couple questions that were brought up that he felt he needed to know the answers to. Is that map accurate and the method that you arrived at your figures, Susan, is that 20% a solid number? Supervisor Desch asked if it would be appropriate to adjourn the hearing and schedule it for a special meeting in September and then make a decision on the course of action we wish to take following that meeting. Councilman McPeak asked if the meeting would be held in a larger place something like the Mayers School? Supervisor Desch replied that he was thinking about Ithaca College but he was not sure that would be available. Councilman McPeak noted a problon with parking at Ithaca College in September. Supervisor Desch remarked that it was extren^ely difficult to hear at the Mayers School. Let us look aroimd. He went on to say that rather than set a place at this time, let's see vdiat is available. Councilwoman Raffensperger stated that she would like to suggest that if members of the public have specific questions they would like to have answered by the staff in advance of the September meeting that they present those in writing so that we all can benefit from the questions you want to ask, we will see the answers to those letters and that will give us information and give you needed information. Supervisor Desch added, as much in advance as possible of the September meeting. RESOLUTIC»J NO. 229 Motion by Supervisor Desch; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:30 P.M., on September 28, 1988 at a place to be announced to consider a local law rezoning a 15.86 acre portion of Town of Ithaca Tax Parcel No. 6-24-4-14.2, located at 1290 Trumansburg Road, 48.86 acres total, frcm Residence District R-15 to Business District "B", and with respect to the proposed rezoning of a 12 acre portion of said Tax Parcel frcm Residence District R-15 to Multiple Residence District. (Desch, McPeak, Raffensperger, Bartholf, Leary, and Cardman voting Aye. Nays - none). Town Board Minutes 37 August 8, 1988 PUBLIC HEARING TO CONSIDER A LOCAL LAW GOVERNING NOISE IN THE TCWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider a local law governing noise in the TOwn of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. As there was no one present wishing to speak for or against the proposed local law, the Supervisor closed the piablic hearing. RESOLUTION NO. 230 Motion by Supervisor Desch; seconded by Coimcilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns the public hearing to consider a local law governing noise in the Tcwn of Ithaca imtil 7:50 P.M., on Septoiiber 12, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). PERSONS TO BE HEARD Leonard Lieberman, East Shore Drive discussed the problems he was having trying to get his appeal on the Planning Board agenda. PUBLIC HEARING TO CONSIDER A LOCAL LAW GOVERNING TAXI CABS IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider a local law governing taxi cabs in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Mr. Richard Clapp voiced his opposition to the proposed local law governing taxi cabs. Supervisor Desch closed the public hearing. RESOLUTION NO. 231 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns the public hearing to consider a local law governing taxi cabs in the Town of Ithaca until 8:00 P.M., on September 12, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none) PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZCKENG ORDINANCE TO PERMIT DAY CARE FACILITIES IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONES IN THE TCWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to permit day care facilities in Residential, Business and Industrial Zones in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Board Minutes 38 August 8, 1988 Town Attorney Barney stated that the Zoning Ordinance is going to say that \je will allow up to basically eight childiren without special approval and anything over eight requires special approval. Supervisor Desch stated that he felt Ms. Dillon wanted the word family instead of groi:^). Ms. Dillon replied, that's the problem. Town Attorney Barney replied, that vhat he failed to understand was vdiat eairthly difference does it make v^ether our definition is the same as the Department of Social Services, except in the one area vdiere we cannot prohibit and we have to accept their definition. Ms. Dillon replied that there is already confusion in peoples minds v^ien they go to the Town to find out if they can have day care. Sometimes in the past they have been called a center and those rules have applied against them. If you are going to take the time to redefine things to make them easier for people she felt the definitions should be as consistent as possible. Councilman Cardman remarked, for the sake of time he would like to make a suggestion that this debate happen at the ccanmittee level so that vdien it comes back all will agree. Town Attorney Barney replied, it happened, that's v^y we are here. We have been through this debate four times. Councilman Cardman replied, but he heard some confusion on the definition. Town Attorney Barney replied, we have gone through this debate for about a year. A lady in attendance asked if she could speak as someone v^o did develop day care vdiioh is currently in the Town of Ithaca? At the time that our group family day care evolved into a day care center vMch is currently located on West Hill in the Town of Ithaca. We spent a lot of time going back and forth with the folks at the day care council trying to get those definitions straight. What are we at this point? How can we make sure our insurance is good every step along the my, and so on and so forth. It would be very helpful to the people v^o care for kids to have one definition to deal with as far as this is what I am, be it a family day care hcme, a group family day care hcme, a day care center vtotever that is. She felt it would be very very confusing for people to find that they were a group day care facility to the Town but they were a family day care to the State. Going through that terminology is very difficult and as someone vdio almost gave up on it two or three times, having that kind of confusion would have made a difference. Councilwcman Raffensperger remarked, vtot you want is a family day care home, am I right? The lady replied, right. Councilwcman Raffensperger asked if the Town Attorney, vtot if ve have a group day care facility, at defined in parenthesis, defined in vdiatever it is that your definitions come from as a family day care home? Town Attorney replied, the problem is that the regulations may change, the definitions may change, all we are concerned about basically is nimibers. If we say its defined that way now, their numbers may be 6, they may be 8, or 10 the next time around. What we are attempting to regulate here basically is a cut off point Town Board Minutes 39 August 8, 1988 where we ooroe forward. In effect vdiat we have done is ccambine maybe two of your facilities, they are using group family day care home and vdiat ever the terminology is for sanething outside of the home. But again with the cut off point being eight children. Ms. Dillon replied, anything outside of the home, taking care of children for hire, is consider a day care center. Councilman Cardman asked, the Ccmmittees concern and the concern here is the number of children that will impact on a neighborhood before the neighbors should be consulted? Town Attorney replied, before it has to come before seme board of the Town. Councilman Cardman remarked, this seems to be a reasonable concern. He asked how can we maintain that but yet give them a standard definition? Town Building Inspector/Zoning Officer Andrew Frost remarked, the bottom line is that a phone call will cane to my office, v^at can I have in terms of day care? You then ask, are you going to have eight kids or nine kids. The response is eight kids. No problem go to DSS and get your license. He felt that the discussion was really carplicating the issue more than necessary. If someone comes in and say they want to have day care for 9 children, quite personally he felt that they will drop it to 8 kids to avoid going to the Planning Board or the Zoning Board. Ms. Dillon remarked, you have just discouraged day care. Mr. Frost replied, if they want to pursue it then they sitrply go to the Planning Board, go through the site plan approval. Councilman Cardman ranarked that he did not think the intent was to discourage day care. Town Attorney Barney replied, right now day care is prohibited in the Town. We have an exclusionary ordinance viiich say thou shall not do anything except vdiat is authorized and day care is not authorized. Councilman Cardman replied, but we are are attenpting to authorize it. Town Attorney Barney replied yes, that's viiat this is attempting to do. Supervisor Desch asked, how serious of a problem would it be if we adopted this the way it is, would it make things more difficult rather than simpler? Ms. Dillon replied that she thought so, yes. Supervisor Desch replied, then from your recormendation we ought to postpone it until the differences are rectified. Ms. Dillon replied that she felt it was important. Supervisor Desch remarked, so if we adjourned it indefinately and then try to get Ms. Dillon and the ccnmittee and the attorney to iron out the differences. Mr. Frost remarked to Ms. Dillon, you are in effect asking for 12 children without any regulations? Town Boaard Minutes 40 August 8, 1988 Ms. Dill replied that she was not even arguing about that, she understood that debate, if you want to stick with 8, she had her views on it and that was fine but she just wanted the definitions consistent. That seems very siitple and she wished it could be done tonight. Town Planner Beeners suggested sane alternate terms for number 41. A Group day care facility is a family day care home, day care center or other establishment licensed by and keep the rest the same so that your day care center has that number of no more than 8 kids would be included in that definition of number 41 and then in the nimiber 43 definition of day care center it woxild specify that it be for more than 14 kids. Councilwatian Raffensperger remarked, the cormittee made a big effort with a lot of material we received with definitions and letters fron people vho provide day care to bring this to you tonight in a form that we thought was satisfactory to day care catiraunity and to the canmittee, etc. If that is not the case at this point she really felt it should go back to the canmittee and ask people to cane and es^lain to us more clearly their needs and desires. Town Attorney Barney stated that he would like to make a reccmnendation that the Board go ahead and adopt it in the form that it was submitted. We can always amend it, we can continue the dialog. Right now the Town of Ithaca does not have permissive use as a day care facility under any definition, whether it's the Department of Social Services, our definition or anybody else. If we adopt it at least it's authorized and the Building Inspector can say if there are 8 kids there he doesn't have to take any action. If scmeone is running a day care facility, of any sort, technically right now it's probably in violation of our zoning oi^inance. At least we have put that in place, it doesn't mean the dialogue has ended, we can continue to talk about it and hopefully cane 1:5) with scmething that everybody can live with. Ms. Dillon asked, what does that mean with the packed agenda here and it looks like it will be for months, vhat does it mean to do dn amendment? She stated that she really felt it was inportant. We have sane start up funds fran State, these kinds of things get in the way of that. Henry Aron, Chairman of the Zoning Board of ^^jpeals stated, we have been wrestling with it for over a year now. We took Ms. Dillons ideas on advisement and we came up with those recarmendations. However, if we struggle today as to vhat definition you are going to use, the day care facilities as to Zoning Ordinance vhich we have today for those don't have day care centers and don't report to or don't get any permission from the Zoning Officer are in violation and vMle you are adjourning it, the further you adjourn it the more often it will be in violation. He stated that he agreed with the Town Attorney, that we shoxild pass this law and then take the definitions up after because the definitions are not as important, in his opinion, as being allowed to have day care centers in the Town of Ithaca. Councilman Cardman stated that he thought it was iirportant that it be known that the Town Board was willing to continue the discussion of the definitions so that the job of establishing centers is not made more difficult but the Board's purpose here is to get vAiat centers in the past will then to be legal in the Town immediately and if there is a problem with the definition and he stated quite frankly the terms day care home, day care facility the way you were throwing it back and forth he was lost. He stated that he did not know v^ere it ended up. Town Board Minutes 41 August 8, 1988 LOCAL lAW NO. 9 - 1988 Motion by Councilman Cardman; seconded by Councilman McPeak, LOCAL LAW NO. 9 - 1988 A LOCAL LAW AMEINDING THE TOWN OF ITHACA ZOJING ORDINANCE TO PERMIT DAY CARE FACILITIES IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONES The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised effective February 26, 1968, and subsequently amended, be further amended as follows; 1. Article I, Section 1, is amended by adding four new Subdivisions, to be Subdivisions 40, 41, 42, and 43 reading as follows: "40, A 'day care hcme' is a facility, hcme, or other establishment, other than a school, at vdiich day care is provided for hire for up to three children under the age of sixteen years. 41. A 'group day care facility' is a facility, hcme, or other establishment licensed by the New York State Department of Social Services or certified by the Tcmpkins County Department of Social Services, other than a school, at vhich day care is provided for hire for more than three, but no more than eight, children under the age of sixteen years. 42. A 'group family day care home' shall have the definition set forth in Section 390 of the Social Seirvices Law of the State of New York, Subdivision 13 (a) and shall be licensed by the New York State Department of Social Services, or certified by the Tcnpkins County Department of Social Services. 43. A 'day care center' is a facility, hcme, or other establishment licensed by the New York State Depairtment of Social Services or certified by the TcffrpkdLns County Department of Social Services, at \^ch day care is provided for hire, and which is not a school, day care hcme, group day care facility, or group family day care hcme." 2. Section 3C is amended adding three more subdivisions to be subdivisions 4, 5 and 6, reading as follows: "4. Day care hcmes. 5. Group day care facilities and group family day care hcmes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7. 6. Day care centers upon special approval of the Board of Zoning Appeals pursuant to Section 77, Siabdivision 7. The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the center and sutmitted its report or has failed to so act within 30 days of receipt of all required information." 3. Section 4, Subdivision 4, is amended to read as follows: Town Board Minutes 42 August 8, 1988 or"4. Public library, public itiuseum, public, parochial private school, nursery school, day care center, fraternity or sorority houses,..." 4. Section 4 is further amended by adding two more subdivisions to be subdivisions 18 and 19 reading as follows: "18. Day care homes and group day care facilities. 19. Group family day care hones i:pon special approval by the Board of Zoning ^^peals pursuant to Section 77, Subdivision 7." 5. Section 11, Siabdivision 4, is amended to read as follows: "4. Public library, public rauseimi, public, parochial and private schools, day care center, nursery school, and any institution of higher learning including dormitory accommodations, upon special ajproval..." 6. Section 11, is further amended by adding two new subdivisions, to be subdivisions 11 and 12, to read as follows: "11. Day care homes and groi:^ day care facilities. 12. Group family day care homes upon special approval by the Board of Zoning i^^als piarsuant to Section 77, Subdivision 7." 7. Section 18, Subdivision 4, is amended to read as follows: "4. Public library, public museum, piablic, pafochial and private schools, day care center, nursery school, and institution of higher learning including dormitory accommodations, upon special approval..." 8. Section 18 is further amended by adding two additional subdivisions, to be subdivisions 17 and 18, to read as follows: "17. Day care homes and group day care facilities. 18. Group family day care homes upon special approval by the Board of Zoning T^peals pursuant to Section 77, Subdivision 7." 9. Section 27 is amended by adding three new subparagraphs to be subparagraphs 4, 5, and 6 reading as follows: "4. Day care home or group day care facility. 5. Groi:^ family day care home upon the special approval of the Board of Zoning Appeals in the same manner as if said building was located in a Residence District R-30. 6. Day care center upon special approval of the Board of Zoning i^peals pursuant to Section 77, Siabdivision 7. The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the Center and submitted its report or has failed to so Town Board Minutes 43 August 8, 1988 act within 30 days of receipt of all required information." 10. Section 36 is amended by adding a new subdivision, to be subdivision 5, reading as follows: "5. Day care centers upon special approval of the Board of Zoning l^jpeals pursuant to Section 77, subdivision 7. The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the center and submitted its report or has failed to so act within 30 days of receipt of all required information." 11. Section 43 is amended by adding a new subdivision, to be subdivision 5, reading as follows: "5. Day care centers upon special approval of the Board of Zoning i^peals pursuant to Section 77, subdivision 7. The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the center and submitted its report or has failed to so act within 30 days of receipt of all required information." In the event that any portion of this law is declared invalid by a court of ccnpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. This law shall take effect ten days after its publication, pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 9 - 1988, was thereupon declared duly adopted. Councilwcman Leary stated that there was just one thing she wanted to clarify on the taxi business. She asked if it was the sense of the Board that this is desirable if we can legally include Cayuga Heights? Supervisor Desch replied, if the Village Board agrees with us. He felt that v^en we find out that there is a mechanism to do it we should irnmediately inform Cayuga Heights because they have interest, obviously. Town Board Minutes 44 August 8, 1988 Councilvonan Leary remarked, everybody thinks it's an okay idea then? She stated that she sensed a kind of reluctance on the part of the Town Attorney. Tbwn Attorney Barney replied, no it is just the legality of it. Councilwanan Leary went on to say that she thought it might be a good idea to include Mr. Clapp in and have another meeting of the Ccnmittee in the next couple of weeks to fine tune the faiBs. She went on to say that the point is that the Ccanmittee has been operating without a chairman since the resignation of Ray Bordoni and she stated that again she would like to ask to be officially appointed as she had really been doing the phone calling, etc. Supervisor Desch remarked, consider it done. Supervisor Desch noted that there were other persons v^o wished to address the Board. Peter Maskell, stated that hopefully he would soon be a resident of Woolf Lane. He noted that in the beginning of the meeting Town Engineer Flumerfelt had a resolution in his hand, or somebody around here did, about adopting a road that Timothy Ciaschi is bxiilding. He stated that he did not see it on the agenda and his hopes were that it is going to be voted on tonight because there are a couple of mortgages hinging on that and without a certificate of occupancy, without that road deed it can't happen. WOOLF LANE AOCEPTANCE RESOLUTION NO. 232 Motion by Supervisor Desch; seconded by Councilman Cardman, WE3EREAS, Tim Ciaschi has substantially ccnpleted construction of the extension of Woolf Lane in Westwood Hill Subdivision together with water and sanitary sewer mains, culverts and related storm drainage irrprovotients with the exception of the storm water detention pond, per his agreement with the Town of Ithaca dated October 7, 1987, and WHEREAS, Tim Ciaschi proposes to furnish a maintenance bond insuring coipletion of the storm water detention pond as well as correction of any defects or deficiencies in the construction of the aforonentioned itrprovonents for a one year period following the date of acceptance of same by the Town of Ithaca and any other requirements of the aforementioned agreement made with the Town of Ithaca, NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca accepts said Wbolf Lane as a Town Highway subject to receipt of the above mentioned maintenance bond and deed and marketable title for the highway lands satisfactory to the Town Attorney and subject to final inspection and approval of the roadway construction by the town Engineer and Town Highway Superintendent. (Desch, McPeak, Raffensperger, Baortholf, Leary and Cardman voting Aye. Nays - none). KLONDIKE MANOR AND OPEN SPACES Supervisor Desch noted that this was not a public hearing and the Board had a draft resolution frcm staff for that iten. We also have a written statement fran the Juniper Drive people with seme Town Board Minutes 45 August 8, 1988 suggested changes to the road alignment which he believed all have received. Councilman Raffensperger remarked, speaking to the Town Planner, in addition to the draft resolution we have before the ccanmunication fran the Juniper Drive neighbors for the alternative location of the public utilities, that is, roads and the park site. She asked her to ccrament for the Board your inpression of this proposal. Town Planner Beeners replied, let me mention seme of the background of the Planning Board meeting on the 19th. In describing the Collegeview Lane offset in the plat that the Planning Board approved with several conditions, the basis of that was there if Spruce Way became essentially a dead end street with limited access to the land across the way, the Rapponi land, behind that then that type of an offset intersection could be acceptable. In addition there was a requirement that in adding to that arrangoment of an offset Collegeview Lane intersection, the entire scheme of things, and extension should be provided through into the Sincebaugh property into the north. She stated that she felt, as the Board realized, prior to this a couple of months ago a proposal, in v^ch she and the Town Engineer saw equal merits as far as an alignment opposite Spruce Way, was reviewed by this Board although there was no action taken. She went on to say that vtet she had received today, a copy of the recairoendations from the Juniper Drive Association. It seems to address seme concerns that did ccme up on the 19th. Residents in the Juniper Drive area, were concerned with usability of open space with the parcel being approved by the Planning Board as being one that you could get off after using the bikeway along the NYSEG right-of-way. In fact there were two small parcels vdiich would be wayside stops along the trail. What they have shown in this plat that they have submitted shows a park site that will function a little better as far as the topography of it goes and it also provides buffering for the established properties along Juniper Drive. She felt that the initial preference, as they had recommended to the Planning Board was opposite Spruce Way. Essentially she felt that the suggested plat that the Juniper Drive Association has presented to you does have seme seme merits as far as the opposite alignment, the function of the park site for both play and buffer and also provides for an extension into the Sincebaugh lands, that the Planning Board had requested. She thought that vtot was semevtot difficult was the timing, and she felt everybody would agree, the developer has been in this process for a good amount of time and that there is a need to move on and make seme decisions. Supervisor Desch replied, he felt the question was do we have any idea if the developer has seen the Association proposal? Ms. Beeners replied, that I don't know. She believed there were seme attenpts to contact the developer. Supervisor Desch replied, v^t we have officially before us is a recoiitiendation from the Planning Board. Whether or not that reccsimendation is acceptable we don't know. He went on to say that he did not know if there was anyway for the Board to address the Association's proposal until it has gone through the Planning Board process as the other have. However, v^en you superirrpose one on top of the other there is not a very major difference, the difference being near the intersection with Coddington Road. When you look at the entire record of this matter you see the pluses and minuses of all the different schemes. But the minuses seen to have diminished considerably vdien you look at these two proposals together. The Supervisor stated that he would like to hear Town Board Minutes 46 August 8, 1988 c!oninents frcm the Board on the resolution before us and how that may relate to vdiat the Association would like to see in terms of changes, hopefully ccmbining the two so that there is a way to acccnplish the objective. Councilwcaman Raffensperger asked, the alignment of Collegeview with Spruce Way is sonething, as far as she could figure out in our prior discussions, the v^ole Town Board had bought on to as, partly because it was reccannended and partly because in reading the material it seemed to be the safest alignment, so that alignment is something tonight the Town Board could say to the Planning Board we prefer that Collegeview Drive be aligned into Spruce Way and we prefer that the dedicated open space first of all be appropriate for recreational use and as much as possible it be used to provide a buffer to the residential neighborhood of Juniper Drive. Supervisor Desch replied, the problem is that vdien that proposal came before us the Board voted against it because of a number of things, one being the number of variances on lots that wculd be required. It means then that there is a change of heart if you go back to consideration of that in that fashion. Councilwoman Raffenspergef replied, if there is any possibility that this v^ole long drawn out process can be resolved in seme kind of a satisfactory way she felt it was very foolish at this point to say that we absolutely must decide to put a stairp of app3x>val on either one of these toni^t. She felt the Planning Board ought to have the opportimity as well as the developer in the neighborhood to continue to work together. That process cannot go on much longer, she felt that was very clear. Supervisor Desch replied that he felt the developer has to have the opportunity to say vdiether the Association plan is scmething they are interested in developing or not. Councilwcman Raffensperger remarked that she felt that was true. Lawrence Fabbroni, engineer for the developer stated that he felt this was highly out of order. The first attempt that the neighborhood made to contact us with the better suggestion was Saturday through a phone message vrfiich he received. He felt this was highly inappropriate and felt it should have been directed to the developer, so he did not answer that phone call. But to wait this long, after we had our meeting, to present this at the eleventh hour basically after everything we have been through. He stated that he has not even seen the plan that the Board was talking about and neither has Mr. lacovelli. You are standing up here talking for ten minutes about scmething we don't know of period. We have been through many, many plans and configurations and he distinctly remember, although you didn't discuss the matter very much the first time he came to you, you asked for lots that backed onto lots on Juniper Drive, we essentially came back with that. Whether you did, directly or indirectly, that was asked for. Now if you even look at this configuration in two seconds with all the discussions we have had on \miform lots, lots that need variances, lots that need zoning, lots that are in a configuration to meet all those requirements, lot 6 can't meet that. It's questionable in his mind without measuring whether lots 12 and 13 can meet that. We have been around in a circle with the Planning Board, the Town Board and the Zoning Board on all these issues so many times and we went back to the Planning Board after you wouldn't take action on it and in turn the Board of Zoning i^jpeals said they didn't have anything to hear anymore. We went back with this latest configuration, we backed lots on to Juniper Drive, we came up with a road, after further discussion with staff, would be led through to serve seme useful purpose in the future that wDuld Tcwn Board Minutes 47 August 8, 1988 mitigate any effect that in the long run Juniper Drive would have in having a through road in front of them. We discussed for three hours, vhy the road was better intersected on Coddington Road then opposite Spruce Way and to reopen all those discussions. He stated that he could spend another hour of the Board's time here tonight going over that v^ole discussion but it is a matter of the record of the Planning Board, vMch he hoped they were all up to snuff on by this point in time and \tot it has to do with is if you look at the Raponi land ac2x>ss the road it's in a little comer of the Raponi land v^ere the Spruce Way right-of-way would ccme up through it. There is no reason, if there ever was one, to continue Spruce Way through. Besides the fact that the slope of Spruce Way opposite v^ere this road is is quite steep, if you are familiar with Spruce Way going up in there. What he was trying to say was, how many times do we have to repeat this argument and how much time do you want me to take of yours tonight, he felt he would be directed more by there questions than anytJiing else but we went back to the Planning Board after we were turned down the first time around vhen we had a road opposite Spruce Way that had slopes of 7 1/2% maximum that connected through to the roads down below. We went back and we came up with roads that had hi^er grades, went vdiere people wanted them and put the open space vdiere staff had more or less told us, they wanted it along the linear path so that it would ccmpliraent the linear path. The neighborhood at that point started questioning the slopes of the open space, the wisdom of \^ere the road goes, v^ether it's opposite of here. At seme point you folks have to sort through all this data and ask yourselves v^t is pertinent and \tot is not and vdiat are new arguments and vAiat are just further delaying tactics in this whole process? That's pretty blunt but that is just vdiat it has ccme down to at this point. What we are saying is that we have done exhaustive st\jdy of the site distance back and forth and up and down Coddington Road for this new intersection and upon inspection of your staff they agree that the design you have now can meet those prior problems we might have had with that. If you look at the land use itself and the use of the land use and the existing vegetation on the land use it does not cut through the only mature wood area up on Coddington Road, now it avoids that area. There are a lot of considerations, the drainage, everything and he did not feel was pertinent for the Town Board to reopen, we are not doing site plan review here, we are strictly looking at, in his mind the Board was only looking at accepting the road built to TOwn specifications and accepting a deed to a park but scmehow we are here discussing v^ether you will accept the park v^ere it is and v^ether you will accept the road v^ere it is. That's a legal question that maybe should be looked into seme day but we will accept that on face value and that is vhy we are here discussing. Whether the roads approved at the Planning Board through the authority you have delegated them are vhere you want them or not. To reopen all these other issues and to spend the time, we haven't spend your time calling you up on the phone, lobbying with you because he felt the Planning Board has a pU2:pose and a function through all this and it was about time now that we get down to the brass tacks. Is a backyard open space backing onto a neighborhood or not? It's as much open space as open space you are talking about. If you convolute the layout then we are back to variances of lots and every other side issue that everybody else is interjecting here. We shouldn't make exceptions to the literal interpretation of the Zoning Ordinance and other fragile airguments that are meant to reach this end of backing lots onto Juniper Drive. Supervisor Desch remarked that he remembered in June a long discussion on this. He stated that he rennaiibered very clearly because it seems he was on the minority on the subject. He stated that the message that he took away and he thought the developer Town Board Minutes 48 August 8, 1988 took away at that time was that the Town Board wanted to see a plan, irrespective of the question of jurisdiction, that had no deviations or variances with regard to the Subdivision Regulations or the Zoning Ordinance. He went on to say that that was \(^t the Planning Board looked at on July 19th and gave prelindnary approval for. He stated that he would like to go back to the point that kind of relates to what Councilwanan Raffensperger said. What we are looking at, in both of these plans, and one that has been approved by the Planning Board and the one that is somevdiat of a counter proposal on behalf of the Association are not that far apart. He felt that the way to resolve the issue is to ajprove a corridor which encorpasses the intersection alignment with Spruce Way and the alignment approved by the Planning Board. Let the developer vdio has to go back for the formal final subdivision approval process look at the merits of both and vMchever way it ccmes out, the alignment in terms of the road location is acceptable to the Town. With regard to the open space, the same thing is true. There is a certain preference for the park space being between the road and the existing Juniper Drive properties, there are other preferences of having it \^ere the Planning Board approved it because of the alignment of the bikeway. Let's give the Planning Board a little latitude to look at both proposals in their final subdivision approval. Supervisor Desch then proposed the following be added to the staff resolution: BE IT FURTHER RESOLVED, that the Town Board prefer that Collegeview Lane be constructed to intersect Coddington Road opposite Spruce Way. This is in addition to vdiat the Planning Board approved. This would enccnpass both the July 19th alignment and the alignment proposed by the Juniper Drive Association dated August 5th, and BE IT FURTHER RESOLVED, that with respect to the open space the Ttown Board will also accept the open space as proposed in the August 5th proposal of the Juniper Drive Association. He went on to say that basically the Planning Board would have the latitude of final subdivision approval on either of the locations for the open space and that would not conflict in anyway with the use of Collegeview Lane for this siabdivision or the future connector. Councilwanan Raffensperger stated that she wculd like to clarify something, v^en Mr. Fabbroni was talking. It was her irrpression that when the Town Board turned down the previous road alignment that one of the things the Board said was that v^en there is substantial neighborhood opposition to a plan then this Town Boaid believes that every effort ought to be made to meet the strict requirements of the Zoning Ordinance. Those statements are related and very iitportant to have together, they just can't be used in isolation. She felt a number of the Board members had talked about it and seme of us at least agreed. She felt this gives everybody an opportunity to make this case to the Planning Board and that she was going to second the motion. I^OLUTION NO. 233 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, WHEREAS, the Town of Ithaca Subdivision Regulations require the Town Board to approve facilities such as parks and roadways, and WHEREAS, on July 19, 1988, the Town of Ithaca Planning Board, subject to certain conditions, granted Preliminary Subdivision Town Board Minutes 49 August 8, 1988 l^roval to the July 6, 1988 plan for the Klondike Manor 12-lot subdivision, and WHEREAS, such Preliminary Subdivision T^proval followed the review by staff and the Board of several road network alternatives, and WHEREAS, the Town Board has reviewed the staff and Planning Board reccaiinendations and the record of the Planning Board meetings and further reviewed the concerns ej^ressed at several meetings by local neighborhood groups, NOW THEREFORE IT IS RESOLVED, that the Town Board accepts the street alignment and open space dedication shown on the Preliminary Sxibdivision Plat dated July 5, 1988, subject to the following conditions: a. The conditions set forth in the July 19, 1988 Planning Board Resolution granting Preliminary Subdivision i^roval. b. The approval is further subject to Final Subdivision i^roval the Town Planning Board and any conditions that may be imposed in connection with such approval, and BE IT FURTHER RESOLVED, that the Town Board prefer that Collegeview Lane be constructed to intersect Coddington Road opposite Spruce Way. This is in addition to ^at the Planning Board approved. This would enccannpass both the July 19th alignment and the alignment proposed by the Juniper Drive Association dated August 5th, and BE IT FURTHER RESOLVED, that with respect to the open space the Town Board will also accept the open space as proposed in the August 5th proposal of the Juniper Drive Association. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZOJING ORDINANCE TO CLARIFY VARIOUS DEFINITIONS AND PROVISIOSrS Proof of posting and publication of a notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to clarify various definitions and provisions having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch asked if there were questions regarding the definitions other than those related to height? He went on to say that there were so many opinions on vtot the height definition should say that it was totally inaj^rqpriate to consider adoption tonight. A man in attendance stated that he had a question on 4 b, on height, on the second page. He stated that at the Planning Board meeting we got into the business of the antenna and chimneys and protrubances. It was not clear to us v^ere we stand on these and he stated that he would like this cleared up. Town Attorney Barney replied, the language you have in front of you is the original language which measures height to the highest point, vMch included antenna. The Planning Boaird in it's recaranendation to you struck the references and said the measurement would be to the highest point of the roof, but would exclude things like chimneys and other protrubances. He stated that this was the reccnitiendation that came to the Town Board. Town Board Minutes 50 August 8, 1988 Celia Bowers, 1406 Trumansburg Road stated that she had a question on Page 3, #15, subsection 3. She stated that it says, "in Agricultural Districts, no agricultural structures shall be erected or extended to exceed 34 feet in height". She went on to say that she felt there was a need to define \diat sort of agricultural piXDducts. At the last Board meeting there was a long discussion about ccxnmercial agricultural uses at the Planning Board meeting. They talked about encouraging ccnimercial agricultural uses in the Town including perhaps trucking. She stated that she would be very upset to see a trucker be able to erect a garage that more than 34' in height but be able to say that this was for trucking ccmnercial agricultural products and, therefore, it does not ccme under the height requirements. Town Attorney Barney replied, if you look at section 51, the cuirrent ordinance says "in agricultural districts, no agricultural structure shall be erected or extended to exceed 30' in height". The only change that was made in that discussion was to change 30' to 34' vdiich is consistent with all other zones. Mrs. Bowers replied, but hopefully you are going to make this ordinance a better on than the old one and she felt the old ordinance was equally as bad. A man in attendance stated that he had a problon with the word slab. The definition of the word slab does not appear and it should be worked out as to how thick a slab can be. Ed Cobb, Danby Road stated that he would like to make sure the two-story reference v^ch it seemed to him was lined out in the process of approving the changes, the two-story was lined out after any citizen had a chance to notice. It was brought up at the meeting and then approved by the Planning Board with those alterations. He stated that there have been several instances v^ere the public hearings at the Planning Board meetings have been closed then the Planning Boaixi alters a resolution and passes it without any public input. It seemed to him that the public should be allowed to discuss the altered resolution before the Planning Board votes on it. Supervisor Desch asked Karl Niklas if he wished to ccmment on his statement? Karl Niklas, 1005 Danby Road stated that there were really three issues involved in vdiat is building heights. One is the definition of what the height of a building is. The second is how high, v^at is the maximum height that should be permitted and the third is, vdiat is the consequence of the definition of hei^t. The maximum height on density. He went on to say that these were the three issues in the letter that he sent to each of the Town Board maiibers and the members of the Town Planning Board. He went on to say that he had the opportunity to listen to an extremely well prepared presentation by John Barney the Tdwn Attorney and Susan Beeners the Town Planner reporting on the Codes and Ordinance Committee' s suggestions involving building heights, both definition and the maximum height of those buildings. He stated that he saw after their presentation various convoluted discussions in v^ch he cautioned the Chairman of the Town Planning Board, Mr. May, that if the definition of building height that was being proposed was accepted that they ought to reconsider the maximum building height. As originally proposed, that 34' was to include antenna, chimneys and protrubances. Now \tot happened was that they approved the definition of buildings height and struck fran the maximum height the limit of chimneys, antenna and protrubances and also increased indirectly the maximum height of buildings permitted. He noted that in the letter he sent there were three illustrations. He then Town Board Minutes 51 August 8, 1988 discussed the illustrations (copy attached to minutes). He stated that the Planning Board had opened a pandora's box to a large number of potential conflicts and ambiguities that have effects on established communities and upon the number of individuals occupying certain zoning areas. He went on to suggest that seme definition for building height be provided vdiich does not define the distance landerground vMch might take into consideration average building. Please consider that you are raising the height of buildings by changing it to 34'. You are doing this despite vdiat a lot of people have said to you. You really are effectively increasing the height of buildings \mder the circumstance of concrete slab construction. So, there are two very important issues vMch impact on the density of individuals in new and old construction. Doria Higgins, 2 Hillcrest Drive stated that she was very much against the hei^t change for various reasons. But overall, as a matter of principal you should not at this point, vdien you are creating a Carprehensive Plan, you should not be making changes without good reason for the public welfare and she did not see how the public welfare was in any way changed. On principal she was against it at this time and place. She stated that she would like to point out vdiat would happen specifically with the Chamber of Ccmmerce building vhich will be going up next to Stewart Park. The building has to conform in height with other buildings in the vicinity, the Youth Bureau, v^ch is an administration building, it is not for the children in the Town. That building looms over the park. Whether you like it or not, it is an obtrusive building and it very definitely destroys the character of Stewart Park at that end of the park. That building is supposed to be 37' tall vhich is the same as they are proposing for the adjacent building but in fact it is 47' tall because it's built at what the City calls City 10 vhich is 10' above lake level. The Chamber of Commerce building is going to be the same height and vhat bothers her about that is that if you make that change it will be legal and there will be another 47' tower down there. Will the tower be included in the protrubance? She felt this was a very dangerous change. Supervisor Desch remarked that he felt the hope was to simplify it and obviously it did not do that. Ms. Higgins agreed with the Supervisor. Bob Clune, Attorney stated that he was fortunate to practice law next door to the Town Attorney. He went on to say that he would like to tell the Board v^at Mr. Barney had done to seme clients of his as the Attorney for the Planning Board. Vfe had a property that was before the Planning Board for site plan approval, and the question arose over height. It was in a multiple residence district and they thought they had two stories and a basement and a mezzanine and sure enough there was nothing in the Zoning Ordinance that defines a story. It does tell us about a height, it says as long as it is consistent with the height of other buildings in the area we are okay but not more than two stories frcm the street side. Our property is pretty close to La Tourelle so we don't have a height problon because frcm about grade or basoment we are about 34' or so. Because the ordinance is totally silent with respect to the definition of a story, or any footage with respect to height, we went to the State Building Code because your ordinance says one of the purposes of enacting the ordinance is to be consistant with the Building Code. Under the building code, our basement is not a stoiry. Under the building code our mezzanine is not a story. Indeed, we have two stories and we ccmply if you look at the building code. Your gentleman, Mr. Frost, thought we had a good idea. He was overruled by my friend Mr. Barney v^o lives next door to me. Mr. Barney said at one point, no you don't have two stories Town Board Minutes 52 August 8, 1988 you have four stories and he said to Mr. Frost we aren't really interested in the building cxxle we are interested in vdiether or not we can defend scanething in a coiurt of law. So here we are, ray people are turned down because we have more than two stories. Mr. Barney of course is not a member of the Planning Board, he says we have four stories. We aire not sure v^t the Planning Board said we had other than we had more than two. Now, the point he was trying to make was that his people do not want to have Mr. Barney's interpretation reviewed by a court. He stated that he filed an application to have the Zoning Board of i^peals review it and the more he looked at the definitive Zoning Ordinance the raore he thought that may be he shouldn't be infront of the ZBA. That his real step was into the courts because there is a gap between a Planning Board turn down and where you go next. The very thing that we all want to avoid, both the Town and his clients, was the expense, is going into the courts but we have to do it under the present Zoning Ordinance as it stands because there is an ambiguity and because indeed, the Planning Board has decided they are not going to rely totally on the building code for assistance. Andrew Frost replied that he just wanted to clarify sonething as Mr. Clune was lacking seme information. He stated that after further review of the sketches for Springwood he had determined, in fact, that the building was at least a thrTee story building, depending on the square footage of the mezzanine it could be a four story as well. Our interpretation is close to vhat the building codes say. Mr. Clune replied that he was happy to hear that, it's the first time he had heard that. Celia Bowers stated that she was very puzzled by the definition of height. You talk about having an ordinance that is consistent with other definitions but that she had never heard of a height that was determined by basement height. You don't say the Twin Towers in New York or the Ertpire State Building is 310' tall including the basement you say it's 310' tall from ground level. She felt that this was a generally accepted start for height. What it seems to her this ordinance will be doing is penalizing good building techniques. What you are saying to builders is if you build on a slab, v^ich she felt was generally considered to be somevAiat less desirable than a basonent, then we are going to penalize you by allowing you less height above ground. Frcm that point alone she felt it shoxild be looked at. Karl Niklas stated that v^at he would like to see is essentially a reclamation of the codes and ordinance definations. He really believed that either consciously or unconsciously the Town Board has muddied the waters and the mudding of that water is going to cause a lot of grief and he felt that the Codes and Ordinance Carmittee had done an excellent job. He stated that he was a little confused as v^y things have gotten to this stage but he would say that if the 34' hei^t maximum is maintained given the definition of building height that we ought to seriously consider a different maximum building height for those built on concrete slabs, preferably much lower. Supervisor Desch asked the Board what their pleasure was? He asked if they wished to send it back to the Ccmmittee for further study? Town Attorney Barney remarked that he always welccmed things going back to Committee but not in a vacuum. This was an issue that was not debated lightly or thought over lightly. It is issue that we discussed at great length and he did not think it was really fair to send it back to the Committee and say think about it again. He stated that the Board had not heaird fran him as to v^y it was set Tcfwn Board Minutes 53 August 8, 1988 at this height, you have heard from the audience but not from me. There have been seme good points made here but you have not heard vhy we set this particular height. Supervisor Desch replied, lets get the record of this hearing and perhaps bring it back to a future Town Board meeting and hear further ccmment from the Committee and then decide vdiether to send it back to the Committee. Councilwcman Raffensperger ronarked, there are other elements in this that she hoped the Board would be able to discuss at a later date. Supervisor Desch suggested that it be adjourned indefinately. TEMPORARY CLERK FOR HIGEiWAY DEPARTMENT RESOLUTION NO. 234 Motion by Councilman Cardman; seconded by Councilman McPeak, WBiEREAS, due to the resignation of the Assistant Budget Officer/Personnel Manager there is a need for Patricia Punger to work full-time in the accoimting department in the Town Hall, and WHEREAS, this has left a vacancy in the Highway Department for a part-time administrative assistant, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appointed Caroline Dickens as temporary, part-time administrative assistant. Such tenporary appointment to be effective August 8, 1988, for a period of six months. At the end ^ of the six-month period the appointment may or may not become permanent depending on the staffing needs in the Accounting Department. Salary to be $6.50/hour, working 5 days of the week, 4 hoiars/day. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). WATER AOCCXINT REFUNDS RESOLUTIOJ NO. 235 (Because of the lateness of the hour, all refund were approved on one motion). Motion by Supervisor Desch; seconded by Councilman Cardman, WHEREAS, Crescent Development Corporation made a duplicate payment for the property at 110 Penny Lane on the June water billing, once in June and again on the final bill, 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 for water surcharge, $.20 for sewer, $1.44 for sewer surcharge and $2.43 for penalty, total refund of $26.64 be made to Crescent Development Corporation, 1459 Slaterville Road, Ithaca, New York. Account Number V-3907. WHEREAS, the final bill for the property at 102 Jimiper Drive was paid twice. Ttown Board Minutes 54 August 8, 1988 NOW TEJEREPORE BE IT RESOLVED, that the Tom Board of the Town of Ithaca hereby authorize a refund of $12.21 for water be made to Floyd Werner, 136 Seven Mile Drive, Lot #36, Ithaca, New York. Account Number F-551. WEBEREAS, the custcarer at 140 Westview Lane paid his June water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Boaid of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 for water surcharge, $9.27 for sewer and $1.44 for sewer surcharge, total refund of $33.28 be made to I. J. Constiniction, 934 East Shore Drive, Ithaca, New York. Account Number V-3987. WHEREAS, the customer at 201 Westview Lane paid the June water bill twice, once in June and again on the final bill, 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 for water surcharge, $9.27 for sewer and $1.44 for sewer surcharge, total refund of $33.28 be made to I. J. Constmction, 934 East Shore Drive, Ithaca, New York. Account Number T-3786. WHEREAS, the custcmer at 203 Westview Lane paid the June water bill twice, once in June and again on the final bill, 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 for water surcharge and $1.44 for sewer surcharge, total refund of $24.01 be made to I. J. Construction, 934 East Shore Drive, Ithaca, New York. Account Number T-3783. WHEREAS, the customer at 130 Westview Lane received an adjusted bill and in the meantime the erroneous bill was paid, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $3.71 for sewer be made to I. J. Construction, 934 East Shore Drive, Ithaca, New York. Account Number V-3914. WHEREAS, the customer at 207 Westview Lane paid the June water bill twice, once with the June billing and again on the final read, 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 for water surcharge and $1.44 for sewer surcharge, total refund of $24.01 be made to I. J. Construction, 934 East Shore Drive, Ithaca, New York. Account Number T-3785. WHEREAS, the custcmer at 209 Muriel Street paid his Jme water bill twice, once on the Jxme billing and again on the final read, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $27.89 for water, $2.79 for water surcharge, $13.29 for sewer and $1.95 for sewer surcharge, total refund of $45.92 be made to Zachary Simmons, 5116 Coavel Terrace, Rockville, Maryland, 20953. Account Number T-1511. Town Board Minutes 55 August 8, 1988 WHEREAS, the custoner at 206 Westview Lane received an adjusted bill for June, which he paid, and in the meantime also paid the erroneous bill, NOW TEIEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 for water surcharge, $9.27 for sewer and $1.44 for sewer surcharge, total refund of $33.28 be made to I. J. Construction, 934 East Shore Drive, Ithaca, New York. Account Number V-3968. WHEE^EAS, the custcmer at 12 Whitetail Drive received an erroneous June water bill, and WHEREAS, the custcmer paid the June billing twice, once with the erroneous bill and again with the final reading bill, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refimd of $1.26 for water, $.13 for water surcharge, $18.75 for sewer, $.09 for sewer surcharge and $.50 for arrears total refund of $20.73 be made to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York, 13152. Account Number V-3912. WHEREAS, the custoner at 137 Ridgecrest Road read the meter wrong for the June water billing, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $21.62 for water, $2.17 for water surcharge, $13.10 for sewer and $1.51 for sewer surcharge, total refund of $38.40 be made to Dawn M. Fuller, 2 Brianwood Lane, Newfield, New York, 14867. Account Number F-662. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). FINANCIAL REPORT RESOLUTION NO. 236 Motion by Councilwoman Raffensperger; seconded by Coimcilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the July Financial Report as presented. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). TOWN OF ITHACA WARRANTS RESOLUTION NO. 237 ^fc)tion by Councilwcman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated August 8, 1988, in the following amounts; General Fund - Town Wide $ 50,501.73 General Fund - Outside Village $ 28,795.87 Highway Fund $ 86,172.11 Town Board Minutes 56 Water & Se^«7er Fund Capital Projects Fund Lighting District Fund (Desch, McPeak, Raffensperger, Bartholf, Leary and Aye. Nays - none). BOLTQN POINT WARRANTS August 8, 1988 .$155,349.50 .$402,925.42 .$ 448.09 Yardman voting RESOLUTION NO. 238 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Bolton Point Warrants dated August 8, 1988, in the Operating Account are herd^y approved in the amount of $77,752.49 after review and upon the reccanmiendation of the Southern Cayuga Lake Intennunicipal Water Cotmission, they are in order for payment. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RECYCLING RESOLUTION NO. 239 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby ej^resses an interest in participating the the pilot recycling program in the Town of Ithaca. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). AIR CONDITIOJER FOR HIQIWAY DEPARIMENT RESOLUTION NO. 240 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the purchase of an air conditioner for the Highway Department Office at a cost not to exceed $800. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). ADDITIONAL WARRANTS Town Engineer Flumerfelt stated that he had an additional pay request from Vacri Construction Ccaipany in the amount of $69,062.62 and Rizzo Construction Ccnpany in the amount of $71,700.30. RESOLUTION NO. 241 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the pay request from Vacri Constmiction Ccnpany in the amount of $69,062.62. Town Board Minutes 57 August 8, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary and Caix3man voting Aye. Nays - none). RESOLUTIOJ NO. 242 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the pay request of Rizzo Construction Carpany in the amount of $71,700.30. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). USE OF CAMPRFT.t. avenue FOR A DETOUR Supervisor Desch stated that the previous resolution adopted by the Board had a date of July 15th and no one knows when the project is going to be corpleted. He asked the Town Engineer if he wished to conment. The Supervisor noted that the detour is working well even though there have been a few accidents but unless scmeone could ccme up with a better alternative he would suggest the resolution be extended. The Town Engineer replied that he had no ccniments. RESOLUTIOJ NO. 243 Motion by Supervisor Desch; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the continued use of Caitpbell Avenue as a detour route for Cliff Street until October 1, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RFP - PLANNING CONSULTANT Town Planner Susan Beeners remarked that she had received seme ccnroents back already. She went on to say that vhat the RFP essentially would be for is vhat is spelled out in about the third or fourth page "Scope of work that would be provided". Karl Niklas asked if the issue would be open to public ccmment? Supervisor Desch replied yes, you are welccme to make public coranent. Town Planner Beeners went on to say that on or about page three there is a description of v^at the scope of work is we are asking for. One is the evaluation of all present and presently pioposed elements of the coiprehensive plan and reccnroendations for appropriate revisions or additions. Then as it reads elsevrfiere in here there is nimber "b" that it will be additional recommendations to enhance the plans effectiveness. Under "b" also including, the scope of work to be provided, review and propose revisions to the draft comprehensive plan statement. Recommendations for any changes to existing local law, rules or regulations needed to irrplement the suggested revisions and additions to the plan. The purpose of work that we are trying to get from a consultant is to take a very expeditious kind of an overview and then come back here in six to eight weeks after meeting with a number of different groups and reviewing all of the different elements that are in the Town Board Minutes 58 August 8, 1988 plan and make sure reconmendations as to \^ere to go rather than spending initially a lot of time writing out how he would define height and thing like that. She went on to say that the timetable would renain the same. She recommended that letter "d" be added vdiich would be recommendations for systems to improve the effectiveness of public participation in the comprehensive planning process. The one other real major change she would propose to revise the structure of this is, is that instead of, as you have it, "first the consultant would provide a preliminary recommendation and if that were acceptable after review by a number of involved parties then that consultant might be authorized to proceed on with a final reconmendation. It*s really the Board decision and she felt she should talk with the Town Attorney also as to how to arrange a contract. Perhaps we would want to make this exclusively for the preliminary reconmendation and the work she would expect, at this time, to consist of six to eight weeks of work and thus try to restructure this RFP so that it was not automatically built in that there was the option of going on with the final. The final recommendation could be phased over a long period of time. Some consultants have told here it would take a year and a half to two years because it has taken that amount of time for similar types assignments. Ms. Beeners stated that she would like to make one more comment and then open it up for suggestions. She went on to say that it was recommended to her by some consultants that she spoke to to try to explain vdiat the status of the Town and v^at was going on here to give a consultant an idea of how to structure a proposal. That is vAiy in the beginning of this she had tried to summarize vdiat seme of the recent coiraunity issues weare. She felt it would be appropriate to add some additional statements in there, such as a desire that there be increased attention to a solution to existing traffic problems, a desire that new development pay their fair share of cost of additional municipal and public infrastructure and services including irrprovements to transporiiation services and schools. She went on to say, as a new one, and this is partly again looking at some of the GINA statonents, there might be added a position for administration and enforcement of present regulations. Those are the main substance of vtot she had. Councilwoman Leary questioned, you are including the draft of ccmprehensive plan right, as an appendix? Town Planner Beeners replied, yes. Councilwcman Leary asked the Town Planner if she was including seme of the conments that were made at the public hearing in that? Town Planner Beeners replied, she was not expecting to do that. Time wise she was not sure v^ether the minutes from that meeting would be available to send along with the comprehensive plan statement. It might be an area v^ere someone who was responding to the RFP would call and ask for additional information or ask to meet with staff and perhaps the minutes would be available at that time. It does not appear to be worth her time, in the next two or three weeks, to put her time into that document. Councilwcman Leary replied but it would be something that at some time the consultant would see? Town Planner Beeners replied, yes. In fact she was taking written comments from the public so that can be included. Councilwoman Leary as the Town Planner if she was also including ^pendix A and B, the Objectives for 1988 and the chronology with the RFP? Town Board Minutes 59 August 8, 1988 Town Planner Beeners replied, if it's considered to be desirable. She stated that it seemed to her to be a fairly ejqsedient way to actually show the status of vdiat things are. Councilvonan Leary replied, that she just want to point out, on the chronology, the copy that she has still does not have the addition of the resolution authorizing the whole prxxess and she felt it was important to include that. Town Planner Beeners replied that the reason she did not include that in a way is because it woiild be referred to as pursuant to Town Board and actually she guessed they could include an appendix v^ch was the actual Tbwn Board resolution. She felt the problem with that was that vdien she realized the research it would take into Town Board minutes to find prior resolutions, she did not have the time to research those other times in the past ten years or so. If there was additional time available to her from someone else, perhaps they could be included. Councilwcman Leary felt the resolution authorizing the study should be included because it was the most recent action and if it wasn't for this resolution the v^ole thing would not have been started. Councilwcman Raffensperger stated that it was not clear how the committee was constituted. Town Planner Beeners constituted or instituted? Councilwcman Raffensperger replied, instituted. Constituted it says, instituted is not clear. Vflio does it, v^o appoints the members, what process? That wasn't clear. Coimcilwcman Raffensperger remarked, having made these suggestions she stated that she would like to congratulate her on the tremendous job she has done in a very short period of time in putting this together. Councilman Cardman rotiarked, he would strongly suggest that the committees be constituted by the Town Board. Reconmendations of names of participants be approved the Town Board, it is a Town Board resolution. Supervisor Desch remarked that he agreed with this and it should be this way. Karl Niklas stated that he would like to make a few comments, \^ch starl: on page 7. Generally phasing of work? He stated that he just wanted to make some observations and perhaps you could discuss this at another time. He went on to say the second line down, "upon determination by the Town that the preliminary recommendation was satisfactory" he assumed you meant Town Board or was that intentionally left vague because you weren't sure v^o? Town Planner Beeners replied, at this time she saw a planning subcommittee doing the general review of the consultant's work. The Planning Board being the next step in which that committee would make a recommendation and the Planning Board making a recommendation to the Town Board. Councilman Cardman renarked, there are probably too many steps in there. Mr. Niklas replied, that he felt ifet he would like the Board to discuss at some time is the word "Town" which appears a couple of times in that very first paragraph and he felt it was a little vague and it might be beneficial to all of you to clarify v^at you mean by the Town. He went on to note the second paragrajdi, five lines down, "process under gone through consultation with the Tcwn Board Minutes 60 August 8, 1988 various representatives, individuals and groups of the Town". He thought that there were two problems with that, one that it was a little vague and second it's a little vague because there is no indication as to how those individuals or groups are selected or identified or made involved with the process. Mr. Niklas ronarked that these are not criticisms, these are really point that you might want to consider for clarification. Second paragraph from the bottom beginning "it is e^^cted that a comprehensive planning subconmittee consisting of ". He stated that he had just hear frcsa Mr. Cardman that that committee would be appointed by the Town Boaird, but his question would be, that the composition in terms of numbers is not specified. It would be interesting to see the balance of the representatives, of Town residents for example v^at percentage of that committee is composed of Town residents. Mr. Niklas stated that he had another concern, in this same paragraph, four lines fran the bottom, "it is expected that the Codes and Ordinance Committee would continue with the drafting of priority legislation revisions for review ". He stated that he knew vhat priority means in his own life style and his own research at Cornell but he was not really sure vhat priority really means here. For example, his concern would be that we have already considered suggestions on the redefinition of heights, the suggestions as to maximum building heists and presumably there are many other items of legislation that would be presented before us and he felt GINA representatives had stated that it was very hard to repair a moving car, particularly if it's going very fast. He stated that his concern was that a lot of things could be rapidly involving vhile this consultant and the Town Planner are trying to stabilize the situation. He stated that he would like to draw the Board's attention page 12, the time table for review and award. This time table provides you with a measure of how fast the vehicle could move before you get a final report. He stated that he had done seme calculations for the time table for review and award. He stated that he computed maximum and miniittum time for the completion of the first phase. The minimum time is nineteen weeks and six days, the maximum time is thirty-two wedcs just for the completion of that first phase. The second phase, he got a minimum of ten weeks and a maximum of seventeen weeks, if he adds the third component vAiich is the very bottomi, the ininimum time that you would have a document that could really be considered and voted on would be 1.05 year and the maximum time would be 2.10 years. The point is, as the Town Planner indicated earlier, the process could take anyv^ere to a year to a year and a half and with his time table up to two years. A lot of things can happen in two years. If you don't stabilize things during that process a lot of things may ccmie too late. Councilman Carxhnan remiarked that he thought Mr. Niklas' point was well taken and that it would have to be the Town Board' s responsibility to make sure we provide the Planner or the consultant with a stable environment in that we are not running a parallel track of changing every ordinance or introducing ordinances. That is going to have to be our responsibility once we finalize this document and make that canmiititent. Town Attorney Barney replied, scmietimes its an interesting analogy to say you can't change a moving car, however that's true but you also can't stop the car because there are forces that are pushing that car long. For example, Mr. Clune being here with his rather clever presentation is a prelude to a law suit that we are going to have because or definition of height is scattered in four or five different ways and if we go through our own ordinance we can pick up several ways. He went on to say, now we can sit back and say we are going to wait for a consultant to give us seme idea as to how to define hei^t. He stated that he could and has pulled out five Town Board Minutes 61 August 8, 1988 or six different definitions done by consultants • We are going to have to select one. Now we can wait to do that, we can wait until he cxjnes in with his reconmendation and have the same debate, in the mean time spend a considerable amount defending ourselves in a law suit vdiich we might prevent J:^ taking seme action on seme of these things. He stated he appreciated vdiat Mr. Niklas says but at the same time he would strongly reccramend that we don't stand still in those areas v^ere we knew we have a problon. Let's do them. That doesn't say they c:an't change as part of the cenprehensive plan. Mr. Niklas replied that he would like to address the ceraraent that the Town Attorney made. He stated that he was not sure how he preceived vtet he was suggesting. Mr. Niklas stated that he was only pointing out that there were diffieulties that should be dealt with by you and he deferred to his legal judgonnent, and he deferred to the gcxxl judgement of the Town Board in dealing with this but he thought that \dien you consider the time table and lot of projects there were going to be considered and a lot of zoning regulations that you might be considering clianging, that that understanding should be in the forefront as to v^at you define as being priority legislation. He stated that he had seme other comments but that he would write to the Town Planner and the Town Board. Supervisor Desch remarked, that he would like at this time to bring it back to the Board. We have not heard all the public comment that we need to hear, he asked the Board v^t was their pleasure? Councilman Cardman stated that he would like to see the Town Planner incorporate the really minor suggestions that have been made, clarification of the nirtiber of people on the subcommittee, that the Town Board appoints the committee. Those items that she has discussed and at the earliest possible time get it back to the Town Board for approval to then go out. If this can be done at the special meeting, okay. Supervisor Desch remarked that the thought just occurred to him that we are going to have this special meeting on the moratorium questioi;! on the 29th, wouldn't it be appropriate to have other public input come back at that same time and perhaps be in a position of deciding vfet to include in it. We are talking about the possibility of taking action after other public input on the 29th. Just putting the request for proposals out does not commit the Town to spend any money, however, at some point in time we will have to face that question, as you well know. ADJOURNMENT The meeting was duly adjourned. ATFtDAvn or ntnjcATiON The Ithaca Journal irf ^tfn ^rrrk, ^mttpkm* dmntf^, L...S.!>i.li^AJI.S being duJy rwom, deposes and s£\*s, tiiat he resides in Ithaca, County and state aforesaid and th«t be ii ....CLJar-L. of Tht Iteac\ JouiWAn a pubb'c Dev.*spaper printed and published in Ithaca-aforesaid, and that a notice, of which the annexed is a true cop>', was published in said paper and that the first publication of said notice was on the <!»>• of 19..BS'. lis /ibed and sw-ora to before me, this day 19 Natcrv Fublic. JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins Count^^ Commission expires May 31, ]9k.J r. • ? TOWN OF ITHACA NOTICE OF PUBLIC HEARING, PLEASE TAKE NOTICE, that the Town Board of the Town of Ithcco will meet and conduct o public hearind on August 8, 1988 at 6:45 P.M., ot the Town Hall, 126 East Seneca Street, Ithcco, New York, to consider amending the Town of Ithaca Traffic Ordinance to provide for sighoge on Dotes Drive and will ot this time heor oil person in fovor of or opposed to the amendment of said Tra ffic Ordinance. - n , , , ' ■••■'VviHii- iJeon H. Swdftwood ATFlOAVn Of W%UCA7lOS The Ithaca Journal > fiisit nf ^tfo ^trrk, ^nntpkijiB dmmtg, being duly r*>vom, deposes And sax's, tbat be resides in Ithaca, Count>' and state aforesaid and tiiat be is ..-jCLf.lGT.Er_ of Tht Ithac\ JotTLVAi. fi pubbc ne-wspapei printed and published in Ithaca -aforesaid, and that a notice, of xx'hich the annexed is a true cop>', was published in said paper and that Ae first publication of said notice was on the day of .. and sv.'om to before me, this Sotcry Public. JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins ^O'Jnfyr^^ Commission expires May 31, 19.^7 TOWN OF ITHACA. . \ n NOTICE OF PUBLIC HEARING » PLEASE TAKE NOTICE, that the Town Board of the Town of Ithoco will meet end conduct o public heoring on August 8,' 1988 at 6:50 P.M., at the Towa Hall, 126 East Seneca Street,; Ithaca, New York, to consider, amending the Town of Ithoco-^ Traffic ' Ordinance to ban, through truck traffic or» Hon-, ness Lone and will at this time, hear all persons in favor of or; opposed to the amendment ot n said Traffic Ordinance. !Jean H. Swartwpod ^ Town Clerk July 29^1988 . 1 zy^/i J L ArriDAViT or wiucArios The Ithaca Journal fitsit trf ^efo ^nrk, ^mnpkini Cntmt^, S>.u\.Va../u..^ . being dul>- FNvorn, deposes and «>'s, that be resides in Ithaca, Count)- and state aforesaid and that he is of The Iteaca. Jovtlnai, a public nevs-spsper printed and published in Ithaca aforesaid, and that a notice, of >»*hich the annexed is a true cop>', v.-as published in said paj>cr and that the first publication of said notice was on the day of 19...SS Su^^rib^ and^^'om to before me, this of JEAN FORD Nofary Pubiic, State of New Yq(^ No. 4654410Qualified in Tompkins County r^O <^Ofnmission expires May 31, 19 JC/ t^Oicry Fublic. TOWN OF ITHACA - , NOTICE OF ADJOURNED .I'fi PUBLIC HEARING ' PLEASE TAKE NOTICE, that the Town Board of the Town of Ithoco will meet ond conduct on odjourned public hearing on August" 8, 1988 ot 7:001 P.M., ot the Town Holl, 126j East Seneco Street, Ithoco, New York, to consider o locol low rezoning o 15.86 ocre por-j tion of Town of Ithoco Tox Por- cel No. 6-24-4-14.2, locoted ot, 1290 Trumonsburg Rood,! 48.86 ocres totol, from Resi dence District R-15 to Business District "8", for the proposed development of o neighbor hood commerciol service cen ter, ond further, with respect to the proposed rezoning of o! 12 ocre portion of soid Tox! Porcel from Residence District^ R-15 to Multiple Residence: District, Oo Kyong ond Song Jo Kyong, Owners, ond will ot this time heor oil persons jn fovor of or opposed to the odoption of soid locol low. Jeon H. Swortwood Town Clerk July 29, 1988 AFFiDAWT Of nriUCATiOh! The Ithaca Journal ^isit nf ^tfn ^ctIl, Pumpkins dmntly, 9iJi ...d..€Cs..L. g .^..i..i*.../Vs^„S.. being du]y ^^vorn, deposes and s£>*s, tbat he resides in Ithaca, County* and state aforesaid and tiut be is ...£L.l2r:.kr.. of The Ithac\ Journaj- a public ne\^'spapeT printed and published in Ithaca-aforesaid, and that a x>otice, of \t*hich the annexed is a true copy, was published in said paper .... cyAJj^^....s^3.)..i5l.£t and that the first pubh'cation of said notice was on the ..aei. day of ^.... a?...8.e. and s>X'orn to before me, this . 19. ^ JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins Countyp^d Commission expires May 31, 19^./ A'otcn/ Public. ; ^ ^ TOWN OF rfHACA NOTICE OF PUBLIC HEARING ' ' PLEASE TAKE NOTICE, thot the Town Boord of Ae Townvof Ithaca will meet ond conduct a public hearing on August 8, 1988 at 8:00 P.M., at the town Hall, 126 East Seneca Street, Ithaca, New York, to consider o local low governing noise in the Town of Ithaca and will at ^ this time hear oil persons in j favor of or opposed to the ] adoption'of'saia iocol low. j ■; Jean H. Swartwood .. Town Clerk iJ0ly29,1988 • ATFIDAVIT or n'rucArioN The Ithaca Journal ^tatf xji ^thf ^nrk, ^;ninpfem» Cdmatf^, ..C^..^..v.L^—!^..0.1..i.i..AJ..S being duly s^vom, deposes and s«>*s, tbat he resides in Ithaca, Count)' and state aforesaid and Hat he is ...£Ll<2r:.l;r of Tht Ithaca. Jouknai. a public Deu'spaj>er printed and published in Ithaca -aforesaid, and that a notice, of u-hich the annexed is a true copy, was published in said paper and that the first pubhcation of said notice was on the of 19..3S. and rw'om to before me, this day Notcru Fublic. Nr., n ''ORD Nofary Public, s,aie of New Vort QuaWied ^ ^^ommission ^ompfcins Couni^^expires May 31, JpSV ' TOWN OF ITHACA * : NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that tlie Town Bbord of the Town of Ithoco will meet ond conduct o public heoring on August 8, 1988 at 8:15 P.AA., ot the Town Hall, -126 Eost Seneco Streetv Ithoco, New York, to consider o local low governing'toxi cobs in the Town of Ithoco and will at this time heor oil per sons in fovor of or opposed to. -the adoptipnjQiKlid locq! Jovy. • . n ; ? •'Swortwood ^ Town Clerk July 29, 1988 n • • . AFFIDAVIT or FiftUCATlOS The Ithaca Journal $ ^ filoh cf ^nrk, ^mnpfeini Cloimtg, being du3y r»vorn, deposes and saN*s, tbat he resides in Ithaca., Connty and state aforesaid and that he is ...-Cl<.lfir?.lC.- of The Itkac\ Jovknai- a public nevk'spaper printed and published in Ithaca aforesaid, and that a z>otice, of udiich the annexed is a true cop>*, was published in said paper and that the first pubh'cation of said notice was on the ..aa day of ,19..S.S. 1. Suba^ibed and s>^'om to before me, this . ... ... day of 2: Notory Fublic. JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins Cdunlyr^^ Commission expires May 31, 19k^ •.TOWN OF ithaCa.?!:-^ NOTICE OF PUBLiG HEARtNG,,'? { PLEASE TAKE NOTICE/, that the\ ' Town Board of- the Towrh.^of,j ' Ithaca will meet and conduct j a public hearing on August 8,'] 1988, of 8:30 P.M., at fheT■Town Hall, 126 East Seneca 'Street, Ithaca, New York, toconsider a local law amend-};ing the Town of Ithaca Zoning ^Ordinance to permit day core -.facilities in Residential, Busi-' ness and Industrial zones in the Town of Ithaca and will atthis time hear all persons in.favor of or .opposed to the 'odoptioh of saia local low.' j '^Uean H. Swartwood i\ Town Clerk July 29, 19M ' \ ATFIDAVIT or rt'UJCATiOS' The Ithaca Journal ^ cf ^trrk, ^mnpkm* Clmntt^, bciog duly rA'om, deposes and M>'s, that he resides in Ithaca, County and state aforesaid and Alt he i! of Tax lTaAC\ JofRSAJ- a public newspaper printed and published in Ithaca aforesfiid, and that a notice, of which the annexed is a true published in said paper and that the first publication of said notice was on the day of -.S=^19..SS! id rw'om to before me, this day JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County-^^ Commission expires May 31, IPXy' Noicru Fublic. :: ::;iTOWN of ithaca NOTICE OF PUBLIC J<EARINGrl PLEASE TAKE NOTICE.'^lhot the] Town Board ofjthe Town fof! Ithaca will meet and conducti o public heoring dh August 8, 1988, 'ot 8:45 P.AA., .at the Town Hell, H26 East Sehec'o Street, Ithoco, New York, to consider o local low amend ing the Town of Ithaca Zoning Ordinance to clarify various definitions and provisions onct will at this time hear all per-j' sons in favor of or opposed to the adopt|ort.of said local law. , , f Jean H. Swartwodd n M ' • Town Clerk July 29, 19M r