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HomeMy WebLinkAboutTB Minutes 1988-06-13TOWN OF ITHACA REX^ULAR BOARD MEETING Jiane 13, 1988 At a Regular meeting of the Town Board of the Town of Ithaca, Tcnpkins County, New York, held at The Mayer School, 1251 Trumansburg Road, Ithaca, New York, on the 13th day of June, 1988, there were: PRESENT: ALSO PRESENT; r Noel Desch, Supervisor Henry McPeak, Councilman Shirley Raffenspeorger, Councilwcman Robert Bartholf, Councilman Patricia Leary, Councilwcman Raymond Bordoni, Councilman Thomas Cardman, Councilman Robert Flumerfelt, Town Engineer John Ozolins, Highway Superintendent John Barney, Town Attorney Deborah Dietrich, Board of Representatives John Bowers, 1406 Trumansburg Road Celia Bowers, 1406 Trumansburg Road Peter Gergely, 106 Juniper Drive Robert Hines, 417 North Cayuga Street Marjorie Zaitlin, 111 Northview Road Robert J. Smith, 107 Northview Road Kazuko Smith, 107 Northview Road Heather Weiss, 105 Dubois Road Thcraas B. Mills, 108 Pine View Terrace Marguerite Mills, 108 Pine View Terrace Leslie J. Smith-Darling, 111 Pine View Terrace Thomas Darling, 111 Pine View Terrace Orlando lacovelli, 270 Pennsylvania Avenue Fred T. Wilcox III, 109 Juniper Drive Larry Fabbroni, 127 Warren Road Tammo Steenhuis, 266 Pennsylvania Avenue Eveline Aron, 106 Woolf Lane Henry Aron, 106 Woolf Lane Mildred Caimiean, 213 Northview Road Richard Carmean, 213 Northview Road Gary Carlson, 119 Northview Road Mary S. Eldridge, 259 Troy Road Frank Eldridge, 259 Troy Road Virginia Brooks Hockberg, 226 Troy Road Milton Whitccxnb, 233 Troy Road Myrtle J. Whitcotib, 233 Troy Road Robert L. Constable, 343 Coddington Road Norman W. Rollins, 139 Northview Road Mary S. Rollins, 139 Northview Road Marjehne Hoefer, 212 Northview Road Albert Hoefer, 212 Northview Road Bruce Rich, 253 DuBois Road Lynn Rich, 253 DuBois Road Lillian S. Vail, 215 DuBois Road Karl F. Madeo, 156 Indian Creek Road Jane Holccmb Dunn, 110 Northview Road H. S. Crass, 49 Kraft Road R. Crass, 49 Kraft Road John M. Wolf, 1431 Trumansburg Road Z9Z Town Board Minutes June 13, 1988 John Weiss, 105 DuBois Road Mary Poyer, 1435 Trumansburg Road Ron Shaw, 1710 Trumansburg Road Dick Parker, 1786 Tiimiansburg Road Paul Sayvetz, 210 Elm Street Joan Haman, 118 Iradell Road Jack Haman, 118 Iradell Road Gordon Madison, 1213 Trumansburg Road George Lavris, 1207 Trumansbuirg Road Jerry Stevenson, 340 DuBois Road Charles Asay, 131 Hopkins Road Peter Merkile, 1500 Trumansburg Road Larry O'Neil, 1232 Trumansburg Road Jack Gould, 102 Happy Lane J. Walden, 121 Hopkins Road G. Walden, 121 Hopkins Road Loni Franklin, 210 DuBois Road Rob Wheeler, 210 DuBois Road Roger McCniber, 1128 Trumansburg Road Dan Clement, 570 DuBois Road R. Littanen, 1655 Taughannock Boulevard J. Lamb, 614 Elm Street Extension Elsie Bennett, 104 Vfoolf Lane Richard Bennett, 104 Woolf Lane W. Pagliaoro, 341 DuBois Road Karen Grove, 187 Willow Creek Road Leslie Carrere, 1067 Taughannock Boulevard Peter E. Zaharis, 145 Iradell Road Clayton Fioravanti, 627 Warren Place Lennie Fioraventi, 627 Warren Place Graham King, 101 Dates Drive Shirley King, 101 Dates Drive Steve Heslop, 242 DuBois Road Pat Whittle, No Address Chris Whittle, No Address Eugene H. Mason, 259 DuBois Road Frances A. Mason, 259 DuBois Road Tcm Myer, 337 DuBois Road Linda Coyle, 1301 Trumansbiarg Road Michael Grangreco, 126 Indian Creek Road Gust Freeman, 258 DuBois Road Bill Feam, 30 Glenwood Heights Road Roberta Chiesa, 159 Bundy Road Betty Kenjerska, 230 Hayts Road Tony Kenjerska, 230 Hayts Road PLEDGE OF ALLEGIANCE Representatives of the Media; Fred Yahn, Ithaca Journal Supervisor Desch led the assemblage in the Pledge of Allegiance. EXECUTIVE SESSION RESGLUTKaj NO. 154 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss pending litigation. (Desch, McPeak, Raffensperger, Bairtholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Tcfwn Board Minutes 3 June 13, 1988 RESOLUTION ND. 155 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open Session. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). _ RESOLUTIOJ NO. 156 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to represent the Town of Ithaca in regard to the pending litigation of Bowers versus the Building Inspector. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). RESOLUTIOJ NO. 157 Motion by Supervisor Desch; seconded 1:^ Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to file an appeal at the Aaron King Workman's Ccmpensation Hearing. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). RATIFY SALARy OF ACTING HIOiWAY FOREMAN RESOLUTICaj NO. 158 ^fotion by Councilman Cardman; seconded by Councilman McPeak, WHEREAS, the Highway Department Foreman has retired, and WHEREAS, there is an imnediate need to have this position filled because of the heavy load work at this time of year, and WHEREAS, George Krebs, a Town Highway errployee since 1972, has been satisfactorily operating in this capacity for the past month, NOW TfEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints George Krebs be appointed Highway Foroian at a salary of $11.45/hour, and FURTHER BE IT RESOLVED, that Mr. Krebs serve a six-month probationary period in this capacity to assess his performance. At the end of the six-month period Mr. Krebs will either be appointed permanently, or the position will be considered open and immm, advertised. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). TEMPORARY LABORER POSITION IN HIGHWAY DEPARUmT i \ i \ Town Board Minutes 4 June 13, 1988 RESOLUTION NO. 159 Motion by Councilman Bordoni; seconded by Councilman McPeak, WHEREAS, due to the the retirement of Mr. Dean and the temporary appointment of Mr. Krebs to Foreman there is a need for an additional laborer in the Highway Department, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the hiring of a temporary Highway Laborer for a period of six months at a rate of $5.50/hour. This temporary employee may or may not be appointed permanently at the end of six months depending on the needs of the department. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cairdman voting Aye. Nays - none). SALARY RANGES Supervisor Desch stated that the Personnel Ccmmittee has gone through the process of updating the salary ranges and now recanmends the proposed salary ranges vdiich will hold for the next year. This would be the basis for the 1989 salary recannendations. Councilman McPeak asked if most of these are now operating at the low proposed salary range? Supervisor Desch replied, in most cases they are at or below the mid-point. RESOLUTICaj NO. 160 ^ Motion by Councilman Bordoni; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the salary ranges for Town Hall employees (copy attached to official minutes). (Desch, McPeak, Raffensperger, Bartholf, Leairy, Bordoni and Cardman voting Aye. Nays - none). ATTENDANCE AT COMPUTER WORKSHOP RESOLUTION NO. 161 Motion by Councilman McPeak; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize four to five Town employees to attend the ccmputer workshops entitled "DOS" and "Hard Disk Management" held at Caputer Education, Ithaca, New York, at a cost of $70.00 per person. A 10% discount is available for attendance of two to five employees frcsn the same organization. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). CODDINGTON ROAD COMMUNITY CENTER SUMMER YOUTH PROGRAM Supervisor Desch noted the following letter dated June 2, 1988 from Linda R. Duttweiler, Chairperson of the Children's Program Ccmmittee of the Coddington Road Ccramunity Center; r r. T i KJ I Town Board Minutes 5 June 13, 1988 "Plans are being catpleted to sponsor oxir fourth Suitiner Program for area children at the Coddington Road Caimunity Center. The program will consist of two, two week sessions running July 5-15 for young children, and July 18-29 for school aged children. We re currently interviewing to hire a director and assistant for the program. We plan to acccramodate 12 children the first session and 18 during the second session. Admission is on a first cone, first served basis. The hours will be 9:00 a.m. to 12:00 noon, Monday-Friday. The program will be announced through the media. Adequate insurance coverage has been arranged. A daily schedule will be worked out so that Day Care and Summer ^>0^ Program can run independently. We have found that if it rains, we must cancel the Summer Program for that day. There is not adequate coverage outside to shelter children vdien it is raining. The program this year will include games, science and nature study, music, stories, snack, and arts and crafts with our major goal being to provide a few hours of well supervised recreation for the children of our ccramunity. Our request for funding is submitted in the budget below: Salary: Director $ 440(20 hrs. x $5.50 X 4 v^s) Salary: Assistant $ 315(17.5 hrs.X $4.50 X 4 v^s) 12% fringe $ 90 Insurance $ 40 Supplies $ 85 Equipment (recreation)$ 50 Total $1020 Our budget considers two oiployees. Last year due to large enrollment we had to hire a second assistant and absorb the cost. Would extra funds be available from the Town if we needed a third person? We are confident this year's program will be another success and appreciate the support we receive from the Town of Ithaca." Supervisor Desch noted that the request is at the same level as in the past and part of v^ch is reimbursable by State Aid. The only question would be an answer to their last sentence vdierein they are interested in possibly hiring a third person. You are probably talking about another $500. Councilman Cardman questioned part of this being reimbursable. Supervisor Desch replied that last year the Town received $327 in State Aid, this year we will probably receive $350. About a third of this is covered by State Aid. Councilwcman Raffensperger stated that she would be willing to move spending up to $1,500. RESOLUTION NO. 162 Motion by Councilwcman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the request for funds for Summer Programs at the Coddington Road Ccmntunity Center up to $1,500.00. i-o Town Board Minutes 6 June 13, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). I^ISE ORDINANCE Supeirvisor Desch ronarked that the question of a Noise Ordinance relates to how much of a parallel should we have the Attorney pursue in relation to vtot the Board have seen in the City ordinance. There are two parts to it, one has to do with the anplification of sound and the other has to do with construction. He went on to say that he assumed that everyone was interested in including enforcement and monitoring of sound anplification but what about construction? Feedback is needed on that before we go a lot of work on that. Councilman McPeak questioned the sewer plant v^en it was being built. There was a time limit, he thought, when you couldn't have construction noise before eight o'clock or scsnething like that? Supervisor Desch replied no, the City of Ithaca substantially amended their Noise Ordinance because of the noise relating to the pilings at the Sewage Treatment Plant. One of the realities you run into in the Town is the fact that there is a considerable amount of agricultural operation going on and he hoped the Board would not consider telling farmers that they can't start plowing until eight o'clock in the morning. He felt they might have seme problems with that. Councilman McPeak remarked that the other question that came about a few months ago was the presence of a rock and roll band in the Town of Ithaca. ^ Supervisor Desch replied, right. This was primarily driven by the people \^o live on East Shore Drive. Councilman McPeak remarked, there was one also up in the Northeast v^ch he was contacted about. Councilman Cardman asked the Supervisor if his question was that we should instruct the Town Attorney to use City Ordinance as a guide? Supervisor Desch replied, in general as a guide or should we look at it in terms of the problem that we have been asked to address? Councilman Cardman asked the Town Attorney if the City Ordinance has been workable and enforceable? Councilman Bordoni replied, not very well. The decimal reading equipment is often times contested, it's not that accurate. It depends on vhere it is measured, the time of day. It's a can of worms but it's not to say we shouldn't have a noise ordinance. Councilman McPeak remarked, we don't even have a constable to go up and measure the noise. Councilman Bordoni replied, that was also a problon because the City Police had to actually assign someone to do the checking so frnmi now in our case it would be, he assumed, the Sheriff Department if they have the manpower vhich we know very well they don't. Councilwcman Raffensperger ronarked, in the matter of construction noise, is it possible to discriminate between large scale projects over a period of time as opposed to agricultural enterprises or somebody fixing their front door. She went on to say that we have had complaints in the past about construction on fairly large Town Board Minutes 7 June 13, 1988 subdivisions on weekends and starting before 6:30 in the rooming and going after 5:30 to 6:00 in the evening. She asked if it could be limited as to scale as opposed to type? Town Attorney Barney replied that he thought anything could be done. He had a discrimination problem and he was not sure, right now, if you could have an ordinance vMch says that contractors were subject to one set of standards and farmers to a different set of standards. If you want to get into the noise enforcement business, then in vtet areas do you want to get into it. There is a coimon law document of nuisance and if scmebody is conducting an operation that is considered a nuisance to the people next door or two doors down, etc., you can bring an action to stop it. It's not a very practical remiedy if it's a one time get together of a band, by the time you get to coxart and get your injunction and get to court a year later you aren't going to have much of a result but on the other hand, does the Town want to get into the business of having to try and set up a mechanism if you choose to adopt it. Councilman McPeak asked it it would be practical if we said no band practice in the Town? Town Attorney Barney replied that he did not think the Town would want to stop the band at the Northeast School from practicing in the Town. Councilwoman Raffensperger asked, what about no amplified soxand beyond a certain level as a miniraxim and then look into the possibility of time limits on construction. Councilman McPeak replied, then you have to have the means of measxaring the noise level. Coxancilvonan Leary asked if agricxaltxaral districts coxald be exempted? Town Attorney areplied that you parobably could but that he was not sxare without researching this. Coxancilwcman Leaary felt there shoxald be something on the books to give the Sheriff's Depaartment seme legal basis to even attenpt to control the pa^oblon. Right now they don't have anything. Coxancilman McPeak replied you have the nuisance thing because v^en he called them they came and disbanded the band. Coxancilwcman Leary remarked, apparently in the coiplaint got about East Shore Drive, that v^asn't enough. Sx:5)ea:visor Desch remarked, this will all depend on v^t kind of a ccranitment you want to make, that's the bottom line. Coxancilman Caaidman added, if we have an oardinance we have to enforce it and is that's going to be cost piohibitive and a very difficult thing to do. Are we going to spend most of oxar time in coxari: with challenges? Supea:visor Desch remarked that he felt he was hearing faxm the Board that we focus initially on amplification and see how i effective we are? The Board seemed to agree. ! CITY YOUTH PROGRAM - NORTHEAST SCHOOL Supearvisor Desch noted that Charles Manning was here to talk briefly about GIAC. Tcfwn Boaid Minutes 8 June 13, 1988 Supervisor Desch went on to say that we are back to the point of having the City Youth Bureau run the Northeast Playground project. He noted that there was one open issue, which did not get resolved until today, and that was the cost of insurance and the question of vho would provide it. Ihe City has agreed to provide it on the basis of their insurance piogram and we are looking at a gross cost vhich probably would be within the $4,000 range for the vhole program. The City has already been informed to prxDceed with the plans for the program. Councilman Cardman asked if there would still be triple fees? Si:5)ervisor Desch replied yes, the triple fee would be applied to reduce this cost so that the amount we would end up paying, as a Town, would be about half of this. RESOLUTION NO. 163 Motion by Councilman Cardman; seconded by Councilman Bordoni, WHEREAS, the City Youth Bureau has held a summer playground at Northeast School for a number of years, and WHEREAS, City Ccmmon Council has decided to triple the rates for Town youth attending such programs and further indicated that the Town shall pay any deficit in the cost of running such a program, and WHEREAS, the Town has determined that it could run a similar program at approximately the same cost, and WHEREAS, the gross cost of the program exclusive of insurance cost has been determined by the City to not exceed $4,000 in cost, NOW THEREEX)RE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby ratify the decision to authorize the City Youth Bureau to conduct the Northeast Playground Program for a six we^ period, approximately July 5 to August 12 from 9:00 A.M. to 12:00 noon for five to twelve year old children. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Supervisor Desch went on to say that he had just received a batch of material, including a number of applications frcm Town's people v^o live primarily in Hasbrook, Winston Court, Maple Avenue areas of the Town having to do with their desire to participate in the GIAC program and Charles Manning, Director of GIAC in a cover letter has requested that we consider, because of the economic status of the individuals involved, an allocation to the City in the amount of $1,020 as an additional cost participation in the defrayment of their costs since they still have to pay the triple fee for the program. Charles Manning stated that basically they were asking the Town to do this so that they can maintain the nature of their summer cairp. GIAC serves people frcm all races and all creeds. Because of the irnm triple fee instituted by the City, it has made it difficult for these individuals v^o are primarily students and live in student housing to meet those fees. In many cases, we are talking about two or three kids in the family, our basic fee is $80 for six weeks but if you multiply that by three you are talking about $240 and if you multiply that by three you are talking about close to one thousand dollars just to send three of your kids to suirmer camp. We have worked with this population so that they are the people vdio Town Board Minutes 9 June 13, 1988 are most in need. With the Town reimbxarsouent of half of the fee, it still leaves scsne people short in terms of being able to provide canp for their youth. The figures that we have cone with for this particular group is about $1,020. It's about the average of a $30 scholarship per youth v^o would be ccming to caitp. It is very inportant to GIAC and he felt residents of the neighborhood and the residents of Town of Ithaca who live in these apartments that we continue to provide a caitp for them, it is a time v^en we are able to meet and mix as individuals and leam more about each other. That is the purpose and intent of GIAC and we would ask the Town to support this resolution so that we can make sure that all the individuals v^o need to go to camp can do so. Supervisor Desch asked Mr. Manning vdiat process he use to screen econcmic abilil^. Mr. Manning replied, normal eligibility would depend on a family receiving seme type of aid. Whether it be SSI, DSS or v^ether they meet the poverty guidelines. In this case, being students, they don't necessarily meet that because they are not eligible for those types of reirribursonents or services through the County. For the majority of these this is not going to apply because we in fact get money through DSS for sunmer camp and we have esqjlored and exhausted that resource for people vdio would be a part of our camp. Councilwcman Raffensperger remarked, this $1,020 would mean that this would acccaranodate 50 childiren? Mr. Manning replied, between 40 and 50 children. Supervisor Desch asked what was the deadline? Mr. Manning replied that summer camp begins July 5th. Our deadline , is now because we have to make seme decisions. Councilwcman Raffensperger remarked, to the extent that we can work out a mechanian, that is legal and proper she felt the program should be supported. RESOLUTION NO. 164 Motion by Councilwcman Raffensperger; seconded by Councilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca hereh^ authorize the expenditure of $1,500 for scholarship aid to GIAC's summer camp program, and FURTHER BE IT RESOLVED, that the Town Board does not at this time anticipate offering scholarships for any other summer youth piXDgrams. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). KLCM3IKE MANOR ROAD NETWORK Supervisor Desch remarked that he felt at this time most people were aware of the resolution that the Town Board was considering and that all were as familiar as he was with the history of the proposal. He noted that this was not a public hearing, however, if there is a way for a spokes person on each side of the proposal, perhaps one frcm the neighborhood groups and one frcm the developer could speak he hoped that would be satisfactory. Let's try it that way. We have two-thirds of our agenda still before us and he did Town Board Minutes 10 June 13, 1988 not want to spend a lot of tiine going through the old history part of vdiat has been presented to us in the past. He then asked if there was a person able to speak for the neighborhood? Kinga Gergely, 106 Jimiper Drive stated that she wished to present to the Board a letter fran an individual and a letter from the association also petitions from the Northview area with 60 signatures, Juniper Drive with 60 signatures and King, Troy and Danby Road area with 70 signatures, all the same text, all the same petition. She also presented a picture with a view from Juniper Drive. It shows the siting of building as well as the placement of the road. Mrs. Gergely stated that she has served on the Citizen's Advisory Ccnmittee and that her impression was that the developer was going to come back with a new plan and they waited and anticipated and then she fomd that it was the same old plan and that they are frustrated and if they sound frustrated, they are. She then read the following letter from the Association: "We are deeply troubled by the piecemeal fashion used to solve the problems that arise from various development project in Town. The complete lack of ccnprehensive land use planning vdiich has properly incorporated public input is, in our opinion, the most critical issue facing the Town today. We may wake lap one day and find have destroyed the environment and the way of life vdiich we have treasured so much. We would like to remind you of the concerns v^ch we have outlined in our previous letter to you and raise seme new ones in relation to the proposed Klondike Manor development. The Town's premise has been that the developer has the right to develop. However, his rights end v^ere our rights begin. We, as longtime residents, having years of effort and our life-savings in our properties have a convenant, a contract with the Town to protect those rights. "The subdivision oregulations are adopted to guide, promote and protect the corraunity's physical, social and aesthetic development in order to preserve the character of the Town as a beautiful place in which to live." Article 1, Section 2. "In their interpretation and application, the provisions of these regulations shall be held to be iminimum requirements, adopted for the promotion of public health, safety and general welfare." Article 1, Section 5. A plan that does not imeet the iminitnum requirements should not have had preliminary approval and it should not receive any variances 1 A road not meeting the requirements and vhich would pose such hardship on the existing residents should not be approved by the Town Board. To do so would be to break that contract with us! We have several problems with the resolution before you: 1. Missing from the developer's submittal are the following requirements: a) Drainage design. Normally the Town requires detailed calculations before preliminary approval. In an area, vdiere the water table is only 0 to 2 feet, a detailed engineering evaluation is vital. b) Detailed construction plans and specifications for water lines, sewers, accessories, street plan and profile. c) Cost estimates for streets and utilities. T Town Board Minutes 11 June 13, 1988 These sutmittals were all supposed to be si±mitted prior to a preliminary approval; it is difficult or itrpossible to adequately review the project without these detailed plans. 2. The proposed road exceeds the maximum length requirement by 280 feet. 3. Placenent of the road, even with a buffer, is contrary to good ^ planning and development practice. Most people vdien they buy into a single family residential neighborhood, do not e^^ct to have a road placed next to their back yard. One would expect, as a worst case, a full-depth lot abutting their rear property line. Yet, the proposal shews over 400 feet of road within 30 feet of four lots on Juniper. When you consider Lots 7 and 8 with their deficient depths, 6 properties on Juniper are adversely affected, 4. The possible future methods of looping the road are disturbing. a) All options require condonnation of private land, a questionable proposition at best. Steenhuis family bou^t the property for their nine adopted children. Would the Town condemn such a property for the convenience of the developer? Mr. Montgcmeiry May and Mr. Noel Desch seem to be of the opinion that "That's life!" Such insensitivity has been typical of the treatment this neighborhood has received. We find it interesting that a plan proposed by the Town Engineer of a short cul-de-sac and connection to the Pennsylvania Street Extension was not one of the possibilities presented to you. But then this plan would have meant that the developer would have to give up a lot or two. ^ b) The Juniper Drive connection is not viable since NYSEG , will refuse to allow construction on its right-ofrway. Will the Town condemn it for the developer as Noel Desch stated at the citizen's advisory catmittee meeting? c) If the connection should be made through the Sincebaugh property, the traffic generated from that future development would be imbearable in our back yards. Our neighborhood already firmly stated at the citizen's advisory ccaranittee meeting that any future traffic generated should be on Juniper Drive, via Stonecrest Terrace to Kendall; these are roads already approved by the Town. Besides, the Sincebaugh connection would void the developer's argument that he needs the overlong cul-de-sac because he is land-locked. He was fully aware of that \hen he purchased the land I 5. The proposed $10,000 escrow is grossly insufficient and ridicxilous. What if the developer decides to forfeit? He will have bought himself an overlong cul-de-sac and seven building permits. Very cheap for a development this size. 6. The environmental assessment form was reviewed and changed at a meetdLng that was closed to the public. The close proximity of this proposed development to the watershed area should have made it necessary to have a full environmental review. The fact that this would be student housing and thus there is no guaranty as far as ' density, the impact of noise and traffic can not be overlooked. By the developer's own admission, and that is probably a low estimate, there would be 96 cars within an hour up and down adjacent to our back yards. Tcjwn Board Minutes 12 June 13, 1988 7. The hardship the developer claims were easily evident v^en he purchased the property and now he wants to maximize his profits by making as many lots as he can. As far as the argument that there is hardship because the Planning Board had asked the developer to move the road, alternate 1 never met the regulations as to intersection, configuration, separation, and would have also needed lot size variances. The new alignment of the road did not create a hardship I Just as a point of information, the developer has received a very generous purchase offer from the neighborhood. Why is the Town bending over backwards, using staff time and thus our tax money, to help the developer and repeatedly ignoring the cries of it's residents? Let's put an end to approvals with conditions linked to further approvals and more conditions waiving previous conditions, all for a plan that did not meet the minimum requirements in the first place 1 We ask you, as our representatives elected in good faith, to keep the rights and interests of the neighborhood in mind and vote no on this proposal." Orlando lacovelli, developer stated that he wDuld like to ask Lawrence Fabbroni, his engineer to run through the process we have been through during the past eight months. Lawrence Fabbroni remarked that in the least this was a very emotional issue, and that for the record they were really not clear vhy they were at the Town Board. If we were hear to accept a road or accept our parks or to do sane master planning for highways we could imderstand a little better vhy we were here because we have been through a lengthy process with the Town Planning Board that started back in October. Our primary goal coning into this ccmbined four parcels, sane of vhich are land locked at the manent, ^ if they were in separate ownerships was to have a cluster subdivision. Wie were convinced after two meetings with the Planning Board that cluster subdivision that involved any kind of rental associated with it was not in the interest of the Planning Board and by their point of view was not allowed in the Town. While we might have had a difference with that we went on to do vhat we could with the land and propose a standard subdivision. We went through nine different plats on subdivisions. We struggled with road profiles, road positions, buffer to existing properties, v^t might go on in these properties that were built, vdiether the developer would sell the lots, v^ether he wouldn't. He felt that if the Board had read the records of those meetings they would see that every different possibility was exhausted. As far as the different possibilities for the road, we presented different profiles for consideration at those hearings and he felt, showed to the satisfaction of the Board that the existing location would • develop a best alternate access from Coddington Road to this subdivision given the other sets of constraints that the Planning Board studies. He went on to say that as he understood it the Planning Board is the Board that this Board has pretty much religated the subject of subdivision and all the various issues that are surrounding subdivisions. We merely want to subdivide a piece of land within the subdivision constraints as they presently exist. Subsequent to that process we were asked to enter into a discussion about roads and basically vrhat ccnprcmise there might be to more satisfy the neighborhood. We attended a series of meetings, that as he understood it, were informal meetings and many of these issues were thoroughly discussed. Certainly there are long range considerations for highway access in the area. Our objective, just so you understand it, might have been to have a long cul-de-sac that the Planning Board would grant a variance to, as they according to the S\:ibdivision Regulations, have a perfect right to. In an attempt to accatmodate the interests that the Town 06S Tcfwn Boaird Minutes 13 June 13, 1988 might have in more cxxtprehensive plans for the roadways in the area and to mitigate sane of the effect that Juniper Drive might have in the long run in terms of serving as the primary access to the area, we were willing to basically modi:fy the subdivision plan so that we extended this road all the way to the end of this property with seme vision toward the future. It did effect sane properties, in a negative way, way to the rear of their properties, sane 700 feet to the rear of their properties but vdiat is not being told is that the alternate would be right in the front door step of those same properties, so again there is a certain amount of begging the ignorance of this Board in terms of sane of the specifics before you and he stated that this was a long winded way of saying that vMle we are not really happy with the prospect of putting vp the money for saiething the doesn't directly benefit the project we are in the end willing to catpranise. Sipervisor Desch renarked that there were a number of things that he could take issue with in the letter with the petition but the only one that he would choose to bring to your attention, at this point, is the question of condemnation. The question of condemnation should not be construed to indicate that condemnation will be necessary because the nimiber of alternatives that are available in making that road network ccme together are such that condemnation is rather unlikely. Whether you talk about using the NSfSEG right-of-way, the right-of-way to the east toward the creek or vtotever. Someone in attendance asked v^^at the possibilities were? Supervisor Desch replied that the possibilities were that you have open land on two sides of this subdivision. That open land is being held for a variety of purposes, most of vMch most of us sitting in this room cannot speculate. So the fact that perhaps an owner of one or the other of these parcels has the option of caning before this Board at any time with proposals to develop that land. What this Board tries to do is look at Wiat we would espect the owners of that land, should they choose to develop, to install in the way of roadways. There are two parcels of land, one held by Mr. Sincebaugh and one hy Mr. Steenhuis, the roadway may go through one or the other of those parcels in the future. Mr. Steenhuis stated that he has never been asked by anybody for a roadway. Supervisor Desch replied, that does not mean that the time may ccme \^en, v^oever the owner is, may choose to do scmething else with that land. That is vdiat we have to take into account. The Sipervisor asked the Board if they had any questions? Councilman Cardman remarked, in the letter it says that the environmental assessment was reviewed and changed in a meeting that was closed to the public. He asked if that statonent was reasonable and accurate? Councilwcman Raffensperger replied, closed to public ccmment, not closed to the public sitting there. Councilman Cardman remarked, but it's traditional to allow the rmmt public to ccnment on an environmental assessment form? Town Attorney Barney replied that he did not know the history entirely. There was an EAF form presented, there were caiments accepted on it at the Planning Board level at seme length. He thought there was a subsequent meeting at v^ch the public hearing was either adjourned or closed and it was basically at the Planning Board level vdiere the ccmments previously made were taken into Town Board Minutes 14 June 13, 1988 accoimt and there was sane adjustments made to the EAF but he was not positive about that. Councilman Cardman replied, and there was no public caiment allowed at that time? Town Attorney Barney replied that he thought there was a meeting of the Planning Board in vMch Chairman May declined to let the public have a great deal of conment. Councilwonan Raffensperger replied that she and Mr. May had correspondence about that meeting so she was very clear about what happened. It was declared that the public hearing had been closed at the proceeding meeting so no public input was permitted. She stated that vAien she discussed this with Mr. May after she received sane carments about it. Mr. May's feeling, in his judgement, the amount of new material presented during the meeting did not require him to open the public hearing. It is true that the EAS and seme changes in the plans were made during a hearing at vMch the public was not allowed to catinent. Councilman Cardman ratarked, the proposal that we are being asked to consider then is the original one that was presented to us? Supervisor Desch replied, right. Councilwonan Raffensperger stated that she would like to make a couple of carments on this. She stated that she felt all have heard all of the specific objections and they have been all been well discussed, not only at this meeting by this Board and other Boards and by the canraunity. She stated that she had sane basic objections to the resolution tonight in that she believed the conditions conceiming the road alignment itself are less stringent ^ than those that were in the resolution for preliminary subdivision approval by the Planning Board. She felt that v^en there is substantial public opposition in such a case then strict adherence to the Zoning Oirdinance, rules and regulations of the Town is a necessity. This road alignment and open space dedication requires variances from the Zoning Ordinance and variance of the cul-de-sac requirements and a second access is not guaranteed in the future. Councilman Bordoni remarked that he was still a little disturbed because of all of the phone conversations and correspondence that he had received on this. He noted that he got an awful lot of ccnroents from the point of view that the people really felt that they were never heard as catpletely as they wDuld have liked to have been heard. If we are elected officials, elected to represent the citizens of the conmunity, it doesn't matter if we are for or against a project like this, time constraints and the amount of time you limit people to present their points of view is scmething that he did not agree with. It was his personal opinion, and he feels that people should have the right to express their points of view and if they can't do it in the bodies they ajproached before this, then when they are before this Board, we have the responsibility of making the final decision and he felt the Board should hear \tot had to be said. Limiting it to one person frxsn each side is, in his opinion, unfair. ^ Supervisor Desch asked how Councilman Bordoni would propose to ' rectify that? I Councilman Bordoni replied, by simply not limiting it to one person. Supervisor Desch replied, in the case before us? ZLZ, Tcwn Board Minutes 15 June 13, 1988 Councilman Bordoni replied, in this case before us, specifically. If other persons want to speak to the issue then they should be able to speak to the issue. Supervisor Desch replied, you realize in this matter there is no requironnent for a public hearing. Councilman Bordoni replied that he realized that. **** Coimcilman Cardraan stated that he also has had considerable , conversation with the public on this issue and have taken the time to read the Planning Board minutes, however, he had not listened to the tapes but that he was very frustrated that such a large groi:^ of people feel that they have not had the opportunity to fully express their opinion before a Board of this Town. He stated that he was frustrated that the answer to his question on this environmental impact statanent is yes, it was changed and no one had the opportunity or was allowed to ccmraent at that time. He stated that he also did not like to spend long evenings forever and ever at meetings but scmetimes that may be necessairy for those people vdio are directly involved to have the opportunity to feel they have been heard. It doesn't always mean that the decision they are hoping for can be exactly as they wish but at least they feel that they have been heard and people are making a decision based on their feelings and points of view. He felt that the Board needed to instruct the Planning Board to lean very much in that direction of extending courtesy to as many people as possible and possibly adjourning meeting and carry them on at another time as we did for the other issue we have on the agenda tonight. Si:5)ervisor Desch remarked, you do realize the Planning Board has another hearing with regard to the final subdivision process. ^ Councilman Cardman replied that he was sure they did but at that point the process is probably going to be fait accompli. I S\:5)ervisor Desch asked if the Board also realized that the citizen's advisory group was formed for the express purpose, in order to get feedback from the carraunity. That process was given the opportunity over a one month period of time. Heather Weiss, 105 DuBois Road stated that she worked in Boston and appreciated the opportimity to speak, as she had not gone to work today in order to attend the meeting. She went on to say that a group of us have been meeting from around Ithaca from West Hill, South Hill, Ulysses, a variety of other places and she speaks for seme of these people. They are deeply disturbed at the pattern v^ch seons to be emerging in the Town of Ithaca with respect to zoning changes. Specifically there seems to be a pattern of changing the Town's own zoning ordinances and granting variances v^ch disregard the Town's own rules and regulations. These iniles and regulations have been designed to assure safe and healthy conditions for the coiraunity and we think this Board should evaluate and review it' s own recent record in this regard and correct past abuses and avoid future ones. Ws feel there should be /"••s a ccaiprehensive plan with substantial citizen input. As somebody vdio makes a living advising state governments on policy for children and families, neighborhoods and ccninunities on housing, she understood the process in these kinds of things, developing a ccnprehensive plan for a ccantiunilY is as irrportant as the product ' so she underlined the importance of substantial community input and a coarprehensive plan so that the Klondike development, the Kyong development and a number of other developments that are on the boards or are soon to be praposed are reviewed conprehensively. Town Board Minutes 16 June 13, 1988 f^nrtle Whitcanb, 233 Troy Road read the following statement "The newly formed South Hill Coraraunity Association strongly opposes the creation of the Klondike Manor Subdivision for the following reasons; 1. The proposed sxabdivision plan ignores or subverts current zoning and subdivision regulations and requirements. These rules were developed to protect the intregity of existing developments in the Town and to give hcmeowner and hcme buyers the feeling of ^ confidence in the stability of existing neighborhoods. The j creation of Klondike Manor is dependent upon a series of variances vhich mutilate the current ordinances. This set a dangerous presidence as other developers will expect similar treatment. In addition, hcmeowner confidence is destroyed as people fear similar ill conceived developments in their own neighborhoods. We have a system of zoning and subdivision rules and regulations and we believe it is the obligation of the Town's elected and appointed officials to strictly enforce these rules rather than utilize the Planning staff and taxpayer dollars to create ways to circumvent the regulations for the convenience and e3^)edience of the developers. 2. Any changes in rules and regulations should evolve directly frcm a newly created cotprehensive master plan of development for the Town. Such a plan should be developed jointly between Town officials and representatives from the connunity at large. Adoption of this new plan should occur only after seeking local input and exhaustive research on donographics, environmental concerns, traffic patterns and the quality of live desire by the current residents. Speaking to the master plan, the members of the South Hill Ccrammity Association recently presented to the itohbers of the Town ^ of Ithaca Planning Board their letter of concern seeking a moratorium on further development until such time as that ccnprehensive master plan could be developed. We would like to present as a matter of courtesy to you, a copy of that letter and the 241 signature vhich accompany it." Councilwoman Raffensperger stated that she would like to make a ccnroent. She noted that she had a resolution vhich she had presented to all the members of the Town Board and asked if she could introduce it tonight. She stated that she had hoped to introduce it before this particular conversation but the Sipervisor had asked her to defer it so that you all would have sufficient opportunity to speak your minds. She went on to say that she would like to say that the resolution basically does set up a process or the beginning of a process vhich she believed would improve the corprehensive planning process. Coioncilwcman Raffensperger then read the following resolution: WHEREAS, the Town of Ithaca Town Board wishes to proceed with the organization and inprovement of its ccmprehensive planning docimients, including the ccampletion of a goals and policy statonent, WHEREAS, the rate of development in the Town of Ithaca has increased substantially in the past several years, ' WHEREAS, the time required for consideration of presently proposed development makes it iiipossible for the planning staff and the Planning Board to proceed with the ccatprehensive planning process in a timely fashion. Tcjwn Board Minutes 17 June 13, 1988 NCW TREREPORE BE IT RESOLVED, that the Town Board instructs the Town Planner to prepare a Rec^est For Proposals in order that it my consider engaging the services of a consultant planner, vdio shall be familiar with the Town of Ithaca and Tompkins County, such services to include; Evaluation of all present elements of the Cotprehensive Plan of the Town of Ithaca and reccninendations for appropriate revisions or additions to those documents. Organization and revision of the Planning Board's draft of the Preamble (goals and policy section) of the Ccstprehensive Plan. Such process shall include consultations with the Zoning Board of i^peals, the Planning Board and the Town Board and the oirganization of public participation in the process. The consultant should expect to provide to the Town Board for action: Revised preamble to the Cotprehensive Plan. Recoimendations for additional elements needed to enhance the effectiveness of the plan, including any changes to local laws, rules and regulations necessary to inplonent the reccnitiendations. Timetable for periodic updating and iraprovonent of the plan. Recotmendations for strategies to encourage inter-^nunicipal cooperation in land use planning and regulation. AND FURTHER RESOLVED, that the Town Planner shall present "Request for Proposals" to the Town Board August 8, 1988 at vMch time the Town Board my accept, reject of request modifications to the proposal. At the same time, the Town Planner shall present an estimte of costs for the project, estimte of Town planning and legal staff time needed to expedite the process, a target date for selection of the planning consultant, and a time frame for coipletion of the consultant services to be requested. Si:pervisor Desch asked if there was anyone present vho wished to speak on the Klondike Manor proposal? Orlando lacovelli, the Klondike Manor developer stated that he would like to speak. Mr. lacovelli stated that he vrould like to talk to this Board a little bit about the process he has been through. He stated that he bought seme land, he went to the ordinance, he read the ordinance closely, he got an engineer to draw up seme plans that met the ordinance, substantially met the ordinance. He stated that he went frcm a 1,000 foot cul-de-sac to 1,250 feet, v^ere we are now. He went back to 1,000 foot ciil-de-sac and meet the requirements of the ordinance. He stated that he went to a 1,250 foot cul-de-sac to acccmmodate the Tdwn so that it could have ^ture road hookup to Klondike Manor. He stated that he was not asking for v^at is not in the regulations, he stated that he wanted that clear and that he was only asking for vdiat is in the regulations. He stated that he found it very difficult for people to ccme up here and say that he was trying to do things outside of the regulations. He stated that he had worked very closely with the Board and that he had attenpted to meet with ' the group of citizens and work closely with them. He stated that he felt he has bent over backwards to meet the requirements of this Town Board. RESOLUTIOSF NO. 165 and Tcfwn Board Minutes 18 June 13, 1988 Motion by Si:pervisor Desch; seconded by Councilman Caidman, WHEREAS, the Town of Ithaca Subdivision Regulations require the Town Board to approve facilities such as parks and roadways, and WHEREAS, on F^ruary 2, 1988, the Town of Ithaca Planning Board, subject to certain conditions, granted Preliminary Subdivision J^proval to the January 21, 1988 plan for the Klondike Manor 16-Lot Subdivision, and WHEREAS, such Preliminaiiy Subdivision i^roval followed the review by staff and the Board of several road network alternatives, and WHEIREAS, the Town Board has reviewed the staff and Planning Board recormendations and the record of the Planning Board meetings and further reviewed the concerns expressed by a citizens advisory gror^) during two meetings, and WHEREAS, the Town Board recognizes the topographic, geografdiic, and natural constraints of the site, and the need to improve the roadway network in this area, and WHEREAS, a second means of access is needed for the proposed Klondike Manor Subdivision, and WHEREAS, the Town has been informed that the NYSEG right-of-way may not be available to the developer because of NYSEG's plan to construct a transmission line at this location, NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the street alignment and open space dedication shown on the preliminary subdivision map dated January 21, 1988, subject to the following conditions: a. The conditions set forth in the February 2, 1988 Planning Board Resolution granting Preliminary Subdivision Approval. b. In the event (i) the developer is unable to ccnply with condition "c" of the Planning Board approval resolution because NYSEG refuses to allow construction on its right-of-way of a secondary route for access; and (ii) the developer voluntarily deposits with the Town an escrow account in the name of the Town of Ithaca in a form acceptable to the Town Attorney in an amount of $10,000 to be used towards the cost of constructing a roadway along the NYSEG right-of-way or, in the alternative, towards a portion of the cost of constructing a roadway frcm the Klondike Manor cul-de-sac to Pennsylvania Avenue or Kendall Avenue, such escrow account to be set up prior to the issuance of the first building permit for lots east of the NYSEG right-of-way, such funds to be available to the Town for three years fron the date of such permit and to be in addition to any amount the town Engineer may require for water, sewer. roads to serve the lots of the Klondike Manor Subdivision; then condition "c" of such Planning Board resolution shall be waived. c. The approval of those lots requiring variance shall be further subject to the granting of any required variances by the Town of Ithaca Zoning Board of ^^peals. d. The approval is further subject to Final Subdivision Approval by the Town Planning Board and any conditions Town Board Minutes 19 June 13, 1988 that may be imposed in connection with such approval. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Nay Councilman Bordoni Abstaining Councilman Cardman Voting Nay Councilwcraan Leary Voting Nay Coxmcilraan McPeak Voting Nay Councilwcraan Raffensperger Voting Nay Supervisor Desch Voting Aye The Resolution was duly defeated. Supervisor Desch stated that he would like to propose that the resolution on the Ccnprehensive Planning be referred to the Planning Board for their consideration. He went on to say that since they are the appropriate agency that is charged with the responsibility for preparing comprehensive plans, to do anything other than that would be doing an injustice to the planning process. councilman Bordoni replied that he has not been a member of this Board very long but he knew that the Town has been lacking a comprehensive plan for a nimber of years and we have been working off something that was designed and developed as far back as 1959. He thought it was around the time of the Korean War. A lot of time has gone by, a lot of things should have been done that haven't been done and there has been plenty of time for it to have been done. He stated that he felt very strongly that this is a very good proposal and that we should take this proposal tonight and consider it and vote on it as a Town Board and not the Planning ^ Board. Supervisor Desch reminded Councilman Bordoni that the Town Board did not have the authority to adopt a Ccaiprehensive Plan, Section 272 (a) of the State Law charges the Planning Board with the responsibility for preparing and updating such a plan, not the Town Board. Councilman Bordoni replied, this resolution does not ask us to adopt a coraprehensive plan. Supervisor Desch replied, this he understood but you have a Planning Board which by delegation of powers of this body is charged with the responsibility for deliberating on planning matters, if you wish to consider having people continue to be desirous of serving on the Planning Board, he felt the Board owed them the courtesy and the opportunity to look at v^at you are proposing. Councilman Bordoni stated that that was a risk he was willing to take, however, he did not know about the other Board mambers. Councilwcraan Raffensperger stated that she felt, in a way, this was a courtesy to our Planning Board and to our staff. Three or four years ago, she stated that she presented a resolution asking the (M| Planning Board to piroceed with a preamble to a ccmprehensive plan. She stated that she felt they have made every effort to do that within the facilities and the staff and the time that we gave them. She stated that she did not think the Board had given the staff or the Planning Board enough help. She stated that she was not trying to say that the Town Board is going to devise a ccmprehensive plan. What she was trying to do was to give resources to the Planning staff and the Planning Board to the citizens of the Town to improve Town Board Minutes 20 June 13, 1988 the cxxrprehensive planning process that we already have, to sane extent in hand. Coiancilman Cardman remarked that he did not feel this should be interpreted at all as a negative connent on the Planning Board but as Councilwonan Raffensperger said as a vehicle to allow them to continue with their processes that they must go through on a daily basis and to provide the resources so that we can get a conprehensive plan so that we can address all of these issues that are before us. We have been presented with a draft of the conprehensive plan that the Planning Board has been discussing. He felt this should be the basis for vhich this planner springs into action and he or she is being instructed to work directly with the Planning Boaid and the Planning staff in order to acccnplish this in a timely and efficient manner. Supervisor Desch asked, then wouldn't it be appropriate as a courtesy to refer this to the Planning Board, fron vhat you just said? Comcilman Cardman replied, because he felt the Board wanted to send a signal to not only the Planning Board but the citizens of this caranunity that at this particular time we mean business in getting this planning process corpleted. Coimcilwoman Leary stated that she would like to make the point that there is a built-in cost associated with this and that the Town Board is the body that authorizes this kind of es^jenditure, not the Planning Board. Supervisor Desch asked, but you don't particularly value the Planning Board's input? ^ Comcilman Cardman replied, we are asking for it in this process. Supervisor Desch asked, then vdiy wouldn't it be appropriate to ask for it before you set ^e guidelines? Councilman Cardman replied, because of the statement he had made previously, he felt that the Planning Board needs the help in order to move the process along. Councilman Bartholf stated that he felt the Board should go back like it did before with the Town Board and the Planning Board and work on this plan. Supervisor Desch remarked, that he though he heard, since we did allow the public to discuss and present their desires, that he heard a desire to incorporate into this planning process a considerable amount of connunity input. He stated that he did not see that built into the resolution proposed by Councilwonan Raffensperger. Councilwonan Raffensperger replied, it is in there. Supervisor Desch asked vdio is going to determine v^o is going to represent the associations fron the cotimunity then. Is it this Board? Is it the Planning Board? Is it the Planning staff? I Councilman Cardman remarked, vdiat Councilwonan Raffensperger is ' saying here is that she is asking the consultant to recotmend how that vehicle can be incorporated into the planning process. Supervisor Desch asked, how can you ask a consultant a question that needs to be answer^ by the connunity itself? In other words, the consultant will do anything you ask him to do. 98S Town Board Minutes 21 June 13, 1988 Councilman Cardman replied, we are asking the consultant to propose a forum to us v^erety the ccnimunity can have input into this process. If it then means that we have to ask the comiunity to elect representatives from various associations of neighborhoods, so be it. Supervisor Desch stated that he did not understand the benefit of abdicating our responsibility to a consultant who probably won't know the camrunity and e:5)ect that consultant to decide should serve on the council. i Councilvotian Raffenspei^ger replied that she and Supervisor Desdi have had this argument over the years and only for the Supervisor's benefit did she put in the resolution very clearly that this consultant planner should be familiar with the Town of Ithaca and Tcnpkins County. She went on to say that we have gone around these circles for years and she felt they are getting smaller and smaller for our ccmmunity. She felt that all would welcome in the period between now and August 8 th, v^en we have asked the Town Planner to report back to us, we would welcome comment from the Board of Zoning Appeals and from the Planning Board on only v^t is the beginning of a very long and cotplex process vMch we really should have been taking steps towaixis accomplishing over the years. Supeirvisor Desch replied, that he would have to argue with another point and that is the fact that the planning staff has been spending a considerable amoiont of time rather effectively with the combination of joint meetings with the Planning Board and the Town Board and he felt that they should have the opportunity to say something. The amount of effort that is moving forward he felt should not be side-tracked or derailed. Coimcilwoman Raffensperger replied, that she felt it should be encouraged and irrplemented and supplemented. » Supervisor Desch asked if the timetable was realistic. You are determining in your own mind that the Planning staff presumably will have to set aside other things they may be doing. He asked the Town Planner if she wished to comment on that aspect? Town Planner Susan Beeners remarked that her only question was vtether this resolution inplies that the Planning Board would be involved in that request for proposals and the scope of the work, as she did not see that in the resolution. Councilwoman Raffensperger replied that she did not feel the Planning Board was excluded fran the process. The pixx:ess is given to the Town Planner to do. Sii^jervisor Desch asked vAio was the lead agent? Councilman Cardman replied, the Town Board is directing the Town Planner to be the lead agent in the process. Supervisor Desch replied, it can't be, it has to be the Planning Board. Town Planner Beeners remarked, in deference to the Planning Board and to their usual authorization to have comprehensive plans draw up, she wondered if there might be some kind of a statsnent added ' to this resolution, if you are going to consider this resolution, vdiich would reinforce that recognition of the Planning Board. Councilwoman Raffensperger replied, v^en my resolution is allowed to come to the floor she would be glad to place an amendment at the end of it making it clear that it is expected that the Town Planner Tbwn Board Minutes 22 June 13, 1988 will consult with the Town Planning Board in the process of drawing up the Request for Proposals, Supervisor Desch asked for a vote on his resolution referring the Request for Proposals to the Planning Board for their consideration. He went on the say that the other problem that he had was is that this really had not been an agenda item. It's to important a subject to push forward on this kind of a time scale. We have had a number of discussions in the past few montlis about bringing items before the Board without having had the opportunity to study them in detail and that in itself would be, he felt, justification for not only referring it to the Planning Board but deferring it. Councilwoman Raffensperger replied, that over the years she had looked at, on our agendas, hundreds of pencilled in agenda items. She stated that she atterrpted to get this to Town Board members in as timely a fashion as she could, considering how long it took to do, and she was sure it also could have been pencilled in on this agenda if anyone had chosen to do it, this morning. Supervisor Desch replied, we try desperately to get agendas out several days ahead of time and he felt the Board knew the process for sufcmitting material for it. So you can't have it both ways. Either you keep the agenda open on all occasions or you close the agenda. Councilwcman Raffensperger replied, but it can't just be open for one part of the Town Board and closed for the rest. Sipervisor Desch agreed. He then remarked, but you folks had the strong desire and statement that you didn't want any open agendas and he was just reminding you of that fact. " RESOLUTION W). 166 Motion by Supervisor Desch; seconded Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby refers the resolution for a Request for Proposals for updating the ccmprehensive plan to the Town of Ithaca Planning Board for their consideration. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Nay Coimcilman Cardman Voting Nay Councilwoman Leary Voting Nay Councilman McPeak Voting Nay Councilvranan Raffensperger Voting Nay Supervisor Desch Voting Aye The resolution was duly defeated. Supervisor Desch asked if anyone had any questions. He then asked the Town Attorney if he had any advice? Town Attorney Barney replied, you have a Planning Board that has ! kind of wrestled with a comprehensive plan statement. He felt he i was probably the only person here who had been to most the meetings in the last two or three years, and particularly in the more recent tines. He stated that he was not sure \tot kind of a signal this was sending to the Planning Board. They are about at the end of the ccmprehensive plan statement. They have reached the conclusion of the process, he thought, they went through at the last meeting Tdwn Board Minutes 23 June 13, 1988 the determination or completion of the draft. He went on to say that in just reading it he was not quite sure how he would take it but he did know they have spend an awful lot of time and he agreed with the Si:pervisor that as a matter of courtesy it probably should have been referred to them first. Councilwonan Raffensperqer asked, is this a legal opinion Mr. Barney? Town Attorney Barney replied, the Supervisor asked for my opinion and that he was not pretending it was a legal opinion. BESPLUTIOJ NO. 167 Motion by Supervisor Desch; seconded by Coxancilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca hereby table the resolution on the "Request for Proposals" for one month until the July meeting, until the Planning Board has had the opportunity to review the resolution. (Desch, McPeak and Bartholf voting Aye. Nays - Bordoni, Cardman, Leary and Raffensperger). The resolution was duly defeated. RESGLUTIOJ NO. 168 Motion by Councilwonan Raf fensperger; seconded by Councilman Cardman, WHEREAS, the Town of Ithaca Town Board wishes to proceed with the organization and inprovement of its comprehensive planning documents including the ccnpletion of a goals and policy statement, 1 I WEJEREAS, the rate of developnent in the Town of Ithaca has increased substantially in the past several years, WHEREAS, the time required for consideration of presently proposed development makes it iitpossible for the planning staff and the Planning Board to proceed with the comprehensive planning process in a timely fashion, NOW THEREFORE BE IT RESOLVED, that the Town Board instructs the Town Planner to prepare a Request for Proposals in order that it may consider engaging the services of a consultant planner, v^io shall be familiar with the Town of Ithaca and Tompkins County, such services to include: Evaluation of all present elements of the Comprehensive Plan of the Town of Ithaca and recommendations for appropriate ^0^ revisions or additions to those documents. Organization and revision of the Planning Board's draft of the Preamble (goals and policy section) of the Comprehensive Plan. Such process shall include consultations with the Zoning Board of i^peals, the Planning Board and the Town Board and the organization of public participation in the process. The Consultant should ejpect to provide to the TOwn Board for action: Revised preamble to the Comprehensive Plan. Reccanmiendations for additional elements needed to enhance the effectiveness of the plan, including any changes to local Town Board Minutes 24 June 13, 1988 laws, rules and regulations necessary to iitplement the reconmendations. Timetable for periodic updating and iirprovienient of the plan. Reccninendations for strategies to encourage inter-municipal cooperation in land use planning and regulation. AND FURIHER RESOLVED, that the Town Planner shall present such "Request for Proposals" to the Town Board August 8, 1988 at which i time the Town Board may accept, reject of request modifications to ' the proposal. At the same time, the Town Planner shall present an estimate of costs for the project, estimate of Town planning and ^0^ legal staff time needed to expedite the process, a target date for selection of the planning consultant, and a time frame for corpletion of the consultant services to be requested, and FURTEffiR BE IT RESOLVED, that it is understood that the Town Planner will consult with the Town of Ithaca Planning Board in the preparation of the "Request for Praposals". Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Nay Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Nay The resolution was duly adopted. ^ PUBLIC HEARING TO COSfSIDER A LOCAL LAW REZCNING A 15.86 ACRE PORTIOSI OF TOWN 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 REZCNING OF A 12 ACRE PORTIOJ 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 Truraansburg 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 having been presented by the Town Clerk, the Si:pervisor opened the public hearing. Supervisor Desch stated that the way we are going to conduct the qgptinuation of the hearing is that the developer has asked for no more than fifteen minutes. He stated that he has been accused of curtailing other people so that he might just as well be accused of curtailing everybody. Following that, he stated that he would ask if there were questions frcm the floor having to do with the ^^ironmental assessment information on the Multiple Housing part the proposal. Once that is on the table he would a^ for ^ questions having to do with the environmental assessment information in regard to the ccannercial and following that, depending on how long we have been going at it, we will either adjourn the hearing once again to the July meeting or we will continue. He felt that there were other questions that people potentially would like to address. There are also people v^o wanted to speak at the hearing in May vdio have not had the opportunity and there are also people v^o would like to speak again Town Board Minutes 25 June 13, 1988 with additional information. So, the first step is to hear from the developer. Robert Leathers, Architect for the Kyong Project stated that any good design begin with analyzing what is there already. We thoroughly believe that in fact that vdiat is evolving here is a good design something that will really be a benefit to the West Hill for many, many years to come. He stated that vtot he wanted to show first is the size of the site. We looked at some last month, which were going up the road. What we are going to do is I set the camera in the middle of the site. He showed a view from the middle of the site looking to the northeast. You can see the bam that is there, owned the Kyong's. Then as we proceed to take shots in a clockwise manner around the site, vtot you see is that you have views as you proceed to the south of the electric substation, that is the irtmediate neighbor to the south. Proceeding further looking south, you find it is mostly open meadow land with seme sprinkling of trees along the way. Seme of those trees certainly would be included in the development such as the large pine with the apple beside it up there is a very picturesque setting. Looking due west, the water tank on the top of the site and then proceeding looking north you can just see the cenetery tucked into the trees. He went on to say that you will notice, as you proceed along we are now back to the bam \diich is a little storage bam to the north of Dr. Kyong's office. You can't see the office as it is tucked into the trees behind but there is a large bam in the back. Mr. Leathers went on to say that it's a beautiful setting and he could certainly understand v^y people want to maintain something as beautiful as this. We do too. Now, v^en you look from the street and you look at the office and then proceed to sweep again looking at the site you can see that it is in fact a very contained site. It is a site that is defined on the southem boundary by the electric substation. Even though the substation is tucked into the trees, it's maybe not the most beautiful thing in the world. But the fact is is that the site as a total is beautiful. And it is something that can act as a spring board towards a tmly sensitive design. And that is vdiat is being proposed here. He went on to say that he would now tum the presention over to Don Ellis v^o is going to show you the plan and vdiat we are proposing on that site. Don Ellis stated that he was going to run through some of the particulars for those people \dio may not be familiar with them. He showed the entire parcel on a map, to the west and south of Trumansburg Road. He pointed out the entrance to the hospital. The parcel is 48 acres plus a little bit. We are proposing that it be zoned three separate parts. There will be a commercial zone next to the highway in the lower portion, a raulti residence zone along the slope in the middle portion and on top v^ere the land begins to be quite level, that would romain as it is, zoned R-15. Mr. Ellis went on to say that in response to some public interest and some requests from the Board, we are now showing an entrance possibility at the rear of the project. In response to some information received just Thursday from Syracuse, from the highway engineers for Route 96, we have esqilored the feasibility of an entrance toward the edge of the site rather than at the hospital as ^ an alternative should it ever be needed. The Route 96 plans show three different approaches toward tying back into 96. The two least likely ones would created a situation v^ere we would like a better access. The most probable of the three works very well with the plan as it is drawn here. Regarding the adjacencies, he point out on a map tliat immediately across is the hospital grounds, the professional office buildings, the cenetery occupies all but the front edge of this space where the old schoolhouse is, the water Town Board Minutes 26 June 13, 1988 tank is located here, there is residential development along here, several nice hcmes. There are other large parcels of land held to the south and here there is a substation. Mr. Ellis went on to say that the 16.86 acres that we have requested the caiinercial rezoning for turns out to be in the range of about 5.5. acres, partly because of rules we have imposed and partly because of rules iirposed by zoning. The first imposition is the edge along the front, a very standard set back at the highway ^ edge. We intend to supplement that with seme plantings, very critical in this area. Mr. Ellis then showed sane slides of the area. Mr. Ellis went on to say that another portion is reserved for buffer, there is no buffer called for in seme places but we have elected to have them we feel they are very helpful and useful. There is a buffer v^ich amounts to 2.87 acres, we have already lost an acre plus on the other side. With the new road system that we need to serve this development we have agreed with the Planning Department to use the normal driveway set backs as they would apply in any circumstance in the Town. Despite the fact that it is private property, we think these are good setbacks and we are proposing to have those. In addition to that within our design mandate, the Kyong's have always ej^ressed the interest in reserving the office as it is and the old buildings as they exist today and we have set aside three acres there. All of these various setbacks reduce finally the area for development to 5 plus acres so it is scmewhat restricted. Taking into accoimt also that we have to provide three times as much parking space as floor space the amount of actual building that is going to happen here is about v^at you see. The 20,720 square feet works very nicely and is v^at is proposed. It fits the kind of quality design that we are interested in. We really want to develop this inner space, we want it to be ccnraunity kind of neighborhood space and neighborhood facilities. Mr. Leathers went on to say that the process of developing the design is something that will be done with the Planning Board, working with the community. Putting it together with everj^xxly participating. But a lot of people have been very interested and concerned about the fact that we have just been showing other things that have been done that are very similar. We have now done seme advanced work, this is not the final design. It is in[possible to present a final design now because a lot of input is going to be necessary. What you are going to be seeing is an advanced schematic design of what this might look like. This is taking a portion of the area we were just looking at which is the residential-multi family area. Developing that area so that in fact we have a design of buildings grouped around a meadowland. In the back of those, parking vhich would feed into those buildings. When you lock at that plan blcjwn you can see that that caranon area, to the buildings, is the area he had described as the meadowlands. That area that is going to be for the use of all of those buildings. These buildings would then have their parking to the back of these buildings, coning into the buildings from the backside. When you look at tiiese buildings they are going to look more like farm houses than they are apartment buildings. The intention is for these buildings to be rural in nature and to build ■jmm ori that character that is already there on the land. Thesei buildings are siitple buildings they are augmented by the i landscaping that has developed around thorn. Very extensive landscaping. Do we plan to do the landscaping? Yes. We will put in mature trees not just little seedlings. Mrs. Kyong is committed to developing this so that it is in fact a nicely landscaped and a beautiful place to live. Town Board Minutes 27 June 13, 1988 Mr. Leathers went on to say that the area that is cormercial, the intention is that that would be developing in a similar manner vAiereby it grouped around meadowlands but really they are more like courtyaids. There are three courtyards with cotnercial neighborhood service buildings. If you look at this plan carefully, the outside areas are the parking areas. The parking is being developed so that if feeds into these buildings fran the outside. The courtyards in the middle are those areas that you circulate through to get to the buildings. There is a covered walk area that feeds to these buildings. You can see that the parking is distributed so that it feeds directly into the buildings as well. So that means that you can drive your car right to the front door, run in and get your loaf of bread, your jug of milk and leave iirmediately without having to go through the vhole thing. It's designed for a neighborhood services area. While at the sane tine developing a very beautiful courtyard scheme that would tie all of these together and people could just meet as they go to shop. A view of what the courhyard looks like shows the bam like structure in the back, that is the existing bam. The other buildings are new buildings grouped around these courtyards that tie through the middle. He showed a blown up of one of the entrances going into the buildings. He noted that you could drive in an park and go directly into the buildings or you can core into an upper level. Most of the buildings, because of the hill, can be entered frcm upper and lower levels both. Mr. Leathers went on to say, in looking at these drawings, you can see that this is not just another cormercial area. It is not Route 13. It is not even East Hill Plaza. It is in fact, a neighborhood services connercial area. One beautifully designed and \diy, frankly a lot of architects could do sane very beautiful areas but they need the right place. And vAiat is happening in this place is that Mrs. Kyong is going to live there. Mrs. Kyong cares about this. They have their office there already. That's v^y we have been given the chance to design something that could truly be extraordinary. This is an opportunity for West Hill to lead the way and do something very nice. Sane things are going to happen up here and the first thing that should happen is a place to buy a loaf of bread. There is no need to go through the Octopus to buy a loaf of bread and to come back again. A lot of people have expressed this same concem to us. He stated that what he was suggesting was that in fact it is an opportunity right now. It is an opportunity to get something that is truly well done. He stated that he thought, he certainly hoped that the Board would agree with than that in fact this is a quality developnent, one which is truly going to add to West Hill. That's been essentially the development of this design, that's been the thrust of this design and it will continue to be and we would vrelcane the in put from the community, that goes without say, and work with the community closely. Supervisor Desch remarked, that as he had said earlier, the first round will deal with the environmental assessment for the multiple housing portion of the project. Doria Higgins, 2 Hillcrest Drive stated that she just learned yesterday that the environmental assessment form had been revised and she suspected that most of the audience here tonight doesn't know that. She stated that she hoped this meant the audience would be able to catment on tliis later on. She stated that she had not had the chance to study the revised version. Supervisor Desch replied, the questions that he would ask staff is are there changes in the specific numbers that have been presented on those environmental assessment forms? Town Planner Susan Beeners replied, the revisions that appear in your booklet that you received in the mail, with respect to the Town Board Minutes 28 June 13, 1988 enviroranental assessment form are cx)rrections that were spoken to and made at the last Town Board meeting. We went through several corrections that needed to be made at that time. Doria Higgins remarked that the point was that they have not had the opportunity to study that, so she was hoping this would not be the last time to make public ccninent. Supervisor Desch replied, it depends on vtot the changes have been. ^ He asked the Town Planner if she could be specific or were they too ! genercil. Town Planner Beeners replied, there were several typographic corrections that had to be made. She went on to say that she remembered we went through them and she had stated them page hy page at the last Town Board meeting held here at the Mayers School. There are several of them and she felt they were adequately explained and she did not feel it was necessary to go over them again. The EAF was brought up to be in correspondence with the general plan that was presented at the time. Terry Ntoore, Perry City Road, Trumansburg, New York, stated that his questions were in tenns of the runoff. Things have changed someivtot in the planning to become much more detailed than the last time. He asked, how many acres are going to be developed, including buildings, parking lots, walkways, etc., where you are going to be finishing over the land and what iitpact will that have in terms of the volume of runoff during a thunderstorm or other sudden downpour. In particular, what inpact does that have on the storm runoff facilities which have to be planned for peak flow rather than average flow and have to planned based on the percentage of land that is covered and the type of coverage on the land. Mr. Ellis replied that a total of 2.4 acres of land will be paved. Nearly one acre of that paving is highway paving v^ich comes completely under the supervision of the Town. It has to be done to Town specifications, as highways are, and the other 1.5 is the combined areas of the roofs of the buildings and the parking lots. The total area in question, in the raulti family, is 12 acres. The part that would be paved is 2.4 acres. Mr. Moore asked what the difference in runoff would be. Typically paved areas have over ten times the peak runoff of a meadcjwland, such as is there. acres out of twelve can more than double the runoff and, therefore, requires you to double the size of your storm drainage if you want to plan for this according to typical engineering practices. Mr. Ellis replied, the EIS addresses this rather effectively hy dividing the land and asking what land falls into each of three categories. Less than 5% of slope, 5-10%, 10-15% and more than 15%, so there are more than three categories. The land vdiere the multi family is going, we think, appropriately involves the development that produces the lowest percentage of paving per existing area and the slopes are all less than 15% which put it easily in the range of standard design for engineering and civil engineering type structures. Mr. ttoore asked if the additional storm drainage for the runoff I from the property adequate to carry the additional load? Mr. Ellis replied, yes it is. Rossalyn Grippi, 423 East Seneca Street, Ithaca, stated that she had a ccnment. In the assessment form that she saw, relative to Town Board Minutes 29 June 13, 1988 the stream at the north end or the north side of the Kyong property, the stateanent is made that it is not listed with the Department of Environmental Conservation. She went on to say that actually it's name and number is a tributary of Cayuga Lake, Ontario 66-12-T296-79. She stated that she did not know if this had any effect but she felt it should be accurate. Mr. leathers replied, we did the same thing you did but the answer we got was that that stream was not listed. Mrs. Grippi went on to say that another point she wanted to make relative to that was that there was a lack of statistics. For exanple, what need is there for multiple housing in that particular area because the statement does say that the need for multi family housing in Torpkins County is readily established and that in part can be satisfied on West Hill and that the need for single family housing on West Hill is strongly defined at this time. She stated that she felt it WD\ild be better if there were some statistics or sane inquiries made as to exactly the need for that kind of housing. One or the other and no need for single family housing on that. Supervisor Desch replied that the Tcwn staff had done some research on the need and would be covered a little later. Mrs. Grippi went on to say that there was another stataient regarding it's effect on the environment and vhat was listed were the Biggs Carplex, the Lakeside Nursing Hone, the Mayers School, etc., etc., and the conclusion was that, therefore, a ccmmercial building and this etc., would have no effect. She stated that she wandered v^ether mention of single family houses in the area on Hopkins Road vhich some abut the Kyong property on Hayts Road vhere the road will cons down on the cemetery for example, particularly as she sees now there is an exit on Hayts Road. Will that traffic ccrce down now between the cemetery v^ch is historic and the school house and the chapel vhich are also historic, these things should be properly assessed she felt. Mr. Leathers replied that they agreed totally that it should be addressed, however, they do feel that there are very substantial buffers and in fact vhat is the belt within this site is not going to be visible fron any of the area just mentioned. Mrs. Grippi ranarked, but there is an entrance now planned for Hayts Road? It would increase the traffic for the residents and the school house. She asked how they planned to consider this? Mr. Leathers replied an analysis in terms of how much traffic would actually be likely to be carried by that carrier and how much effect that would have on the area. Mrs. Grippi remarked, and the old cemetery you see is not abandoned, there is quite an effort on the part of the Cemetery Association to prevent vandalism. There are beautiful tonb stones there, etc. and people cone and pay there respects regularly. It is a little disheartening to think that traffic might be swDoping down around and in between particularly since it's such a narrow road and she wondered what thought was given to this. Mr. Ellis replied that that road is shown now, in response to public interest in having another access, it's sort of what about this? Our recatmendation is the initial one, we think that this entrance is much more than adequate to service vtot is shown here and it's really the best approach. There much interest in should there be another entrance and k:'" ^ f ^"'ng that we have shown one. We are going after this • ^ -^mning Board, the tP oos 297 n Town Board Minutes 30 June 13, 1988 Planning Board will be involved in all of this at that time and we will have to decide if that road should be there. Mrs. Grippi responded, so your plans now are not resolved in any way, it's not ready to be voted on? Supervisor Desch replied that the draft local law, in the process of considering rezoning, there are two aspects to it. One is the actual rezoning itself and the second is the approval of the general plan. By having rezoned it, at sane point if that is vtet the Board chooses, it doesn't mean that Town Board has approved the general plan. The developer, once the rezoning is established, has to go back and produce a general plan that is subject to approval by this Board. The local law sets forth the boundaries, the amount of connercial space and the number of housing units. The developer then, in any event, \tether we like the plan or not has to go back and refine the plan both to the Planning Board and the Town Board requirements. Mrs. Grippi replied, before you can act on rezoning? Supervisor Desch replied, before they can get a building permit. Mrs. Grippi asked v^t tlie other possible entrance and exist were? Mr. Leathers replied that the other possibilities were a loop road aro\md the commercial area, right now we are feeding the lower edge out to the highway, it could just as well be the upper edge. So that either edge can connect to the highway. Celia Bowers, 1406 Trumansburg Road, remarked that having been hit by a vehicle in a rain storm coming down Hayts Road. She had called DOT and apparently this is considered a hot spot. It is surrounded on both sides by a cemetery, you cannot apparently easily dig people up. Therefore, the shape of Hayts Road at the bottcm is more or less defined by the cemetery on either side. It is on a curve and a with the large number of accidents there it worried her having a large number of people going up and down Hayts Road. She went on to say that she opposed the project, as you all know, and she certainly would hate to see an exit up on Hopkins Road but this is going to take lives if there is a second exit there. This is a very difficult intersection, so much so that she believed it should be avoided. Bill Fern, Glenwood Heights Road, Trumansburg, New York, noted that the set back on Route 96 appears to be for a tWD lane highway. Have provisions been made for other than two lanes? For exairple, a third lane, two lanes with a turning lane, or a four lane highway and God forbid you never know v^t development in the future may hold, a limited access highway. What provisions have you made for that? The application for the setback and the development? Mr. Ellis respxDnded that he went to Syracuse last Thursday and met with the State's highway engineers. We would only lose three feet of additional right-of-way to the proposed limited access four lane highway that the State is proposing in their Plan "C". That's the nost extrane thing that is likely to happen here. The reason that we lose so little is because most of it happens in the hospital grounds. There is a new major intersection that would result fron this Route 96 connection. He showed the connection on the map. The other two determinations have major flaws. Number two would wipe out the auxiliary building at the Paleontological Research Institution v^ich contains all the fossils. The estimated cost of moving all the fossils is about the same as the estimated cost of the highway. The third plan is if you can't get the auxiliary building there is the \(diole Paleontological building that would be Town Board Minutes 31 June 13, 1988 taken out with plan three. He stated that he was kind of guessing that plan one was favored. Plan one also works very well with our plan for the Kyong property. Supervisor Desch noted that he thought that the gentleman had asked another question v^iich is not related specifically to the Route 96 project but for long range planning. The Supervisor felt this was an issue that needed to be presented to the staff and have them respond to it. He felt this was a very valid question but he did not think the staff was prepared to answer it as this time. Gust Freeman, 258 DuBois Road noted that he had one question on the drawings and that he could not tell if they were one storey ccjtmercial buildings or two storey commercial buildings? Mr. Leathers replied, the highest of the commercial buildings will be the height of the existing bam. The existing bam will be renovated and would be a two storey stmcture inside, it would have access from an upper level and a lower lever. If you visualize a hill, then a one storey building on the upper part of the hill becomes a two storey building on the lower part of the hill. These four buildings would be two storey buildings with levels, access fran the lapper level and the lower level so from the upper level it would be a one storey building. Some would be in fact one storey buildings, lower buildings, with access only on one level. John Bowers, 1406 Trumansburg Road noted that it had been stated repeatedly that commercial development would have no adverse iirpact on the character of the neighborhood. In support of this view, it's always pointed out that well there is a hospital there, there is the Paleontological Institute, there is the school, there really aren't any family dwellings in the area anyway. He stated that he went down the road and counted and there are thirty single family residents between the stone pile and Hayts Road. Furthermore, the institutional buildings that are there are primarily professional in character, there is the school, the hospital, professional buildings. They are not commercial and he felt to say in the environmental impact statement, or anyviiere else, that putting ccnmercial development in this area would not adversely effect the character of the neighborhood is siitply false. George Vignaux, 1470 Trumansburg Road stated that earlier on one of the architects stated that the voluntary setbacks were being instituted in their plan. If they are in fact voluntary setbacks that the architects are planning and the builder is planning could the voluntary setbacks be imilaterally rescinded at a future time or would they be locked in as part of the setback procedure. If are building and say they are going to be good guys and only use 5 of the 15 acres if you give us the variance and the zoning, can they not in five years say well now we can build on the other 10 acres? Supervisor Desch replied, they can always ccme back. Mr. Vignaux remarked, then \tot is said tonight is not actually cast in stone. It can always be changed and more ccmmercial development could ccme on the 40 acres. Town Attomey Bamey replied, it would take legislation, it would take an amendment of the proposed local law but it could be done. In the Town of Ithaca Zoning Ordinance, at present, v^ien you rezone to either multiple residence or to a business zone you are governed by the site plan that is the basis for that rezoning. You can't change that site plan without the approval of the Tcwn Board. Town Board Minutes 32 Jime 13, 1988 Judy Cone, 211 Perry City Road, Trumansburg, New York, noted that this was not the first time she had attended a hearing on the Kyong development. The presentations frcxn the developers and the architect seem very vague and very general to her. She went on to say that she knew that the area was getting conmercial buildings but she had no idea what is going to be in there. Possibly a fitness center, possibly a beauty shop, possibly a barber shop, possibly a deli or a restaurant and a drive-in bank, although she was not sure you could get a drive-in bank in there. She went on to say that it seems that every time a presentation is made there is a ccnpletely different story as to \diat is going to be in there. We have been assured that this is vhat we want and she was not at all sure that this is vtot we want. She felt the residents had made it pretty obvious that they didn't want any development at all. There has been a lot of talk about keeping with the rural vocabulary with keeping the buildings rural but everything she saw looked like we are having wooden siding just like all student housing. She stated that it looked like southern California not rural to her. We are assured that only a small portion of the ccmmercial area is actually going to be used but vhen somebody on the Planning Board suggested that a smaller portion be rezoned and then work aroimd the voluntary buffer and everything that was turned out even though it would have evaporated a lot of the concern about it. Wis were told at the last meeting, and tonight, that the architect and the developer plans en working closely with the ccraraunity to involve a plan that will make a neighborhood for all of us. But at the same time they told us that they plan on breaking ground in August and having three of the conmercial buildings and three of the ap)artments up by the end of the year. Which means if you took a quick vacation you could miss the vtole planning process. She went on to say that she did not think anybody could actually sit down here and tell us what this development is actually going to look like. She noted that she saw the pictures at the first presentation, she saw the pictures at the second presentation and she saw the pictures tonight and we saw three completely separate sets of buildings. She stated that she did not know \^iat they were going to look like and she did not know vdiat stores were going to be in there. Granted, you get the zoning change first then you decide what you are going to put in there but it seonns to her that they want a vhole bunch of land developed to put some stuff on, and she was not at all sure that this stuff was. She stated that she did not come here to bash developers and architects they have a large financial interest in obtaining their goals, she was here to remind our elected officials that the plans presented to the public have been so hazy as to be worthless. We have been told, in essence, that want something built v^ether the coitinunity wants it or not. What the Town Board has been told is that vast majority of the people who live and pay taxes and vote in the area do not want any part of this proposed development. If the desires of the people carry any weight at all, the proposal will be rejected. Clayton Fioravanti stated that he was a resident of the West Hill and he was in favor of the development. He went on to say that he thought it was a good development. Number one, you want a roaster plan, here is your master plan. Somebody in attendance asked Mr. Fioravanti if he worked for Cornell? Mr. Fioravanti replied that he did not work for Cornell nor did he have any interests in Cornell, I'm an independent businessman, if that makes any difference. All I am saying is that I'm in favor of the development and that he would like to see something happen on the West Hill. Everybody is worried about it running ranpant and this is the right way to go as far as a master plan of developing n Town Board Minutes 33 June 13, 1988 the area. Everybody wants a plan to develop the area, this is a plan to develop the area. Lee Schafrik, 1491 Trumansburg Road stated he thought that the majority of us \ho live on West Hill are not too much concerned about vtot happens on this 40 acres, we have 600, 800 or 1,000 acres of bare ground, if this one get approved what happens to the next one? ^ John Whitccnib, 233 Troy Road, stated that he represented the South Hill Citizen's Association and we have gone on record, ecurlier this _ evening, as opposing any major developnent in the Town of Ithaca imtil such time as a ccirprehensive plan is presented and publicly approved for the Town of Ithaca and we stand on that in this issue. That mtil such time as a comprehensive master plan is approved for the Town of Ithaca we reccmmend that the Board not approve any further major developments or any changes in zoning to that effect. Until such plan is adopted, we shall oppose changes in zoning and we will oppose variances in subdivision regulations. A hap hazzard, piece meal approach to development using the vdiims of developers as its guide represents reactive planning default rather than a positive proactive approach by the Boards. He stated that he applauded the action of the Board this evening in esqjediting the planning process in the TOwn of Ithaca. Until tonight it was difficult for us to understand in a progressive area such as the Town of Ithaca elected and appointed officials find themselves struggling to keep up with and understand what was happening rather than providing the positive leadership that we their constituents expect. Laxira Hohnberg, attorney for Mrs. Kyong stated that she had two brief letters that she had been asked to read. The first letter was from Curtis W. Banta to the Town Board members as follows: "It is his considered judgement that the Kyong Project should be encouraged as it appears to be a well thought-out development. It will compliment the existing environment including the hospital and offices of the old hospital." Mrs. Holmberg read the following letter dated June 13, 1988 was signed by John W. Hirshfeld and Mayfred S. Hirshfeld. (With Dr. and Mrs. Hirshfeld's permission, Ben V. Boynton, former Supervisor for the Town of Ithaca also signed the letter as follows: "ly^ wife and I wish to go on record as being in favor of the Kyong Building Project on Route 96. It is our understanding that it will provide a limited shopping center with convenience stores, in addition to well-designed single homes and condcmdnium or garden apartments, with provision for adequate green space and good landscaping. It is our belief that this type of development would be a definite asset for this area, provided it is well-designed and would be well maintained. There is need for apartments and convenience stores to serve the employees and visitors of the hospital, as well as those people working in the old hospital complex and the medical buildings. We wish to state, however, that we feel this development should be ' restricted and must not be an opening wedge for unlimited ' development and zoning changes. Also, we are definitely opposed to ^ a large shopping center in this area." Mrs. Holmberg also presented a stack of petitions fixm people who sipport the project. She went on to say that v^le all of the Town Board Minutes 34 June 13, 1988 cries for a cottprehensive plan are understandable, she was a cyi^ic enough to double that one would cone in time for Mrs. Kyong to proceed. These take a great deal of time and she did not know of any master plan that was going to include ccitinercial developrrent and apartments and she did not know v^o would vote for them next to them. Supervisor Desch announced that the Board would hear frcm one more person then adjourn the public hearing until the July meeting, and will at that point listen to any new information. Nancy Boodley, 199 Townline Road stated that she owned 12 acres, and that she was an architect and that she would prefer the plan that the gentleman read in v^ich the variance is not pennitted until the Town of Ithaca has had time to cone up with a master plan. If you ever tried to drive thinugh the Octopus, Mrs. Kyong lives in Cayuga Heights, may be she works over here. I live over here. Gust Freonan, 258 DuBois Road stated that he had represented the people xsp in this area for a number of years, both on this Board and the County Board. If your earlier action is going to take place for the South Hill and he was assxming it was going to take place for this action too, so you won't develop, you be granting any thing until the ccsrprehensive plan is adopted. Supervisor Desch replied no, that had nothing to do with the resolution. Mr. Freeman replied, then he guessed then that he was very much in favor of the Board adopting a townwide corprehensive plan. But before you grant anything going he would like to see it carried one step further and that is to wait for the City of Ithaca's veto power on Route 96. If the state plan that has been proposed by sore is adopted we are going to need development up here, we are going to need a shopping center. Let's face it the biggest hassel we have not only going to work is going shopping for food, etc. We are sitting here on an island, we have been here for years. Supervisor Desch remarked, while we are on the subject of Route 96, he asked tiie people by a shew of hands to give the Board an idea if they are in favor of a new highway on West Hill or not? Someone asked if this was on the agenda? Supervisor Desch replied, it certain is, it's related to the statement tlie gentleman just made and it's related to corprehensive planning because until you know vhether or not there is going to be a highway or not you cannot decide on what the corprehensive plan should say. Deborah Dietrich, County Board of Representatives stated that she WDuld like to say scmething, vhether we feel strongly about Plan A, B or C and many of us feel very differently here we don't have a say until the State presents what they are going to do and the City, as Gust Freeman eloquently said, accepts it or vetoes it. "This is a charade Noel and I'm ashamed of you, really". Supervisor Desch reminded those present that they do not have a say in the matter of Route 96, it's the City that has the veto power. He went on to say that since there were more questions on peoples minds the hearing would be adjourned. PUBLIC HEARING TO CCMSIDER AN AMENDMENT TO LOCAL LfiW # 3 - 1987, AMENDING THE ZCNING ORDINANCE REQUIREMSNTS FOR THE FORMER MAJESTIC Town Board Minutes 35 June 13, 1988 HEIGHTS DEVELOmENT ON EAST KING ROAD, TCWN OF ITHACA, NCW KNOWN AS BUTTERFIEED CLUSTER SUBDIVISION Proof of posting and publication of a notice of a public hearing to consider an amendment to Local Law #3 - 1987, amending the Zoning Ordinance requirements for the former Majestic Heights Development on East King Road, Tcwn of Ithaca, now known as Butterfield Cluster Subdivision having been presented by the Town Clerk, the Supervisor opened the public hearing. There being no one present wishing to speak for or against the proposed amendment, the Supervisor closed the public hearing. LOCAL LAW NO. 6 - 1988 Motion by Councilman Bordoni; seconded by Councilman Cardman, LOCAL LAW NO. 6 - 1988 A LOCAL LAW AMENDING THE ZO^TING ORDINANCE REQUIREMENTS FOR THE FORMER MAJESTIC HEIGHTS DEVEnjOPMErfr ON EAST KING ROAD, TCWN OF ITHACA, NCW KNOWN AS BUTTERFIELD CLUSTER SUBDIVISKH WBIEREAS, by resolution and ordinance duly adopted fcy the Town Board on February 7, 1983, a multiple residence district was created on East King Road in the Town of Ithaca (now tax parcel No. 6-44-1-4.31), and WE5EREAS, in conjunction with said resolution and ordinance certain requirearents were imposed with respect to such multiple residence district, and WHEREAS, those requirements were revised pursuant to Local Law No. 3 of the year 1987, and WHEREAS, the Planning Board of the Town of Ithaca has reviewed the project and has reccsnmended further revisions to certain of those requirements and restrictions as hereinafter set forth, finding by resolution adopted April 19, 1988, that the proposed revisions to the project do not represent a significant change from the size and scope of the project as was originally approved in 1983 and amended in 1987 and as originally si±)jected to environmental review on those two occasions, NCW TEIEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca as follows: 1. Local Law No. 3 for the year 1983 as amended by Local Law No. 3 for the year 1987 be and the same hereby is further amended as follows: A. Section 4, paragraph B of said Local Law is further modified to read as follows: "B. The Town now makes a legislative finding that the owner would reasonably require a period ending September 30, 1991, to ccftinence and complete the construction of the Phase or Stage I and II iirprovements on the project as shown on the Preliminary Plat of the ButterField Cluster Subdivision made by George Schlecht, P.E. L.S. dated April 5, 1988, as the same may be hereafter modified with the approval of the Planning Board in accordance with other provisions of this law." Town Board Minutes 36 June 13, 1988 B. Section 4, paragraph C of said Local Law is hereby amended to read as follows: "C. Any building permit issued subsequent to the enactment of this law may be revoked or modified at the option of the Tcwn Planning Board if: ( i) construction of Phases or Stages I and II has not been substantially conrenced by October 1, 1988, or (ii) construction of Phases or Stages I and II has not been substantially ccirpleted by September 30, 1991. The tiire within which such building permit shall be effective may be extended, if good cause is shewn, by the Town Planning Board." 2. This Local Law shall take effect ten days after its publication, subject to the same being filed with the Secretary of State of the State of New York. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 6 - 1988 was thereupon declared duly adopted. MAY FINANCIAL REPORT RESOLOTICN NO. 169 Motion by Councilvroman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Tcwn of Ithaca hereby approve the May Financial Report as presented. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). REGULATION OF TAXI SERVICE Supervisor Desch noting Councilvroman Leary* s request for the regulation of taxi service in the Town of Ithaca stated that a time frame needed to be set and that the Town Attorney need to be advised of this time frame. Councilwcman Leary suggested September. Town Attorney Barney questioned what the Board was doing, he could not hear. Councilwcman Leary replied, you were supposed to get some material together. Town Board Minutes 37 June 13, 1988 Town Attorney Barney stated that he had received a cannunication that instructed him to do sorething but he really didn't get a feeling that it was the entire Town Board that was directing him to do it. He went on to say that if the Town Board wants to get into the regulation of taxi's he felt he really needed sane guidance as to how deep they wanted to get into it and administratively how you want the ordinance drafted. Do you sirrply want to set fair rates and have the Town Board rule, as the City Council does with ACC and try and establish what those rates are going to be or are we going to have a licensing requirement v^re people have to get licenses fron the Town? If so, \A\o do we want to have the person being to issue those licenses and make a determination soneone is qualified? He stated that he needed sane guidelines. He could take the City's ordinance but the City has a fairly substantial structure for administration. He stated that he was not quite sure where that administrative level is here at the Town. If the direction is to draw and put in the word Town Clerk v^erever it is, then he needs to be advised of this. Councilwanan Leary replied that if there were licensing she felt it should be the Town Clerk who would administer it. Supervisor Desch asked the Board how they wished to proceed, do you wish to form a carmittee? Councilman McPeak asked if there is a need for an ordinance? Coimcilwcman Leary stated that her letter outlined it scmevAiat, we need to tie the rates in sonehow to the City's but also take in to account our geographical distribution of the three hills. She stated that she was thinking of may be zones. Town Attorney Barney asked Councilwanan Leary is she wanted him to dream up the zones? Who is going to do these kinds of items in order to put the ordinance in place. Councilman Bordoni replied that he felt logically that the Tbwn Clerk would be the person who would issue the permits. He thought that tying the rates in with the City is necessary so that you don't have a large difference between the time vhen you leave the City and enter the Town. But Attorney Barney's request for some sort of a zone, he felt would also have to be patterned after sane sort of an extension of the way the City zones are lineated. Do a projection in an outward fashion so that it would cover those areas. He felt a committee was needed to make this work. Once we know v^at sane of the Town Attorney's concerns are, the specific areas, then they should be addressed. Town Attorney Barney felt a ccmnittee would be best and he stated that he would be happy to work with them to cane xip with a draft of sane sort that the Town Board could look at. Supervisor Desch agreed. He went on to appoint a committee of Councilman Bordoni and Councilwanan Leary to guide the Board on the possible legislation that would regulate taxi service, with Councilman Bordoni being the chairman. He instructed the carmittee to report back at their pleasure. Councilman Bordoni asked how many persons were on the carmittee? Supervisor Desch replied, two. Councilman Bordoni suggested a third person be appointed, may be volunteer third person. Councilman Bartholf volunteered to serve on the taxi carmittee. Town Board Minutes 38 June 13, 1988 RATIFY APPOimMENT OF PARKS PERSCa^ RESOLUTION NO. 170 Motion fcy Councilwcinan Raffensperger; seconded by Councilman McPeak, WHEREAS, inteirviews for Parks Grounds Assistant were conducted, and WHEREAS, the interviewing carmittee selected Mr. Robert G. Strosnider as the most qualified candidate for the position of Parks Grounds Assistant, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby ratify the appointment of Mr, Strosnider as Parks Groimds Assistant at a salary of $5.50/hour effective May 18, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). REIMBURSByiENT TO MONTESSORI SCHOOL Supervisor Desch noted that the Town had received a request from the Montessori School having to do the cost of extending the water and sewer lines across the road. This came to us scmetime ago without a breakdown of the cost of doing it. The Town Engineer has recoTinended that we credit the Montessori School for the cost. We went back and looked at the level of benefit assessment that the school will be paying to determine v^ther it was appropriate in terras of the overall benefit assessment in the Town to make such a reimbursement. The prior owner of the property had been paying a substantial benefit assessment since the beginning of the benefit formula so, as we have in other water and sewer extensions, the Tcwn has provided the crossing to the project, v^ich in this case is the school. He stated that he would reconnend that $3,264.05 be reimbursed to the Montessori School. Councilman Cardman asked if this proposal is consistent with established policy? Supervisor Desch responded that it is. RESOLUTION NO, 171 Motion by Supervisor Desch; seconded by Councilman McPeak, WHEREAS, the Montessori School on East King Road was billed and has paid to its contractor. House Craft Builders of 1459 Slaterville Road, Ithaca, New York, the total sum of $4,896.08, including the net construction cost of $3,264.05 and overhead and profit in the amount of $1,632.03, for installation of water and sewer lateral services to their property line on the north side of East King Road from existing water and sewer mains on the south side of East King Road, and WHEREAS, Herbert Monkemeyer, frcm whose property the Montessori School property was subdivided, has been paying water and sewer benefit assessments for several years on his original land parcel of 46.96 acres, and WHEREAS, the net construction cost for the installation of the water and sewer services in the amount of $3,264.05 is deemed reasonable due to the difficult rock excavation conditions encountered. Tcwn Board Minutes 39 June 13, 1988 NOW THEPEFOPE BE IT PESOLVED, that the Montessori School be reiiribursed the amount of $3,264.05 by the Town of Ithaca for the net cost of installation of the water and sewer services to the Montessori School property line. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). SOUTO Hm PBCPEATION TRAIL Supervisor Desch reported that there was a change in the dollar figure that went with the application so he felt it would be appropriate for the Board to be aware of that change. George Frantz, Assistant Tcwn Planner reported that at the May 9th meeting, the Board approved a resolution authorizing staff to apply for a grant through the Environmental Quality Bond Act Program of the State for an amount not to exceed $58,000 which would be matched by $58,000 fran the Town. Since then the project has been scaled down slightly. Our original proposal was for a trail fron Buttermilk Falls State Park to Aurora Street-Hudson Street area following the former railroad right-of-way. That section has been dropped from the proposal. The State v^ich owns a portion of that right-of-way, at this time is hesitant to give us the go ahead to develop it because for five years now they have been pushing for a trail from Buttermilk Falls to Allen H. Treman Marina and they would prefer to see that trail developed first. They have the money to do it, in fact, but it's held up by the City of Ithaca getting a right-of-way across certain private lands. Miat we have done is propose a trail from Hudson Street eastward to Bums Road and the cost of that trail is $97,526. We are now requesting $48,763 froti the State. Supervisor Desch noted that the Tcwn amount would also be $48,763. Councilman Bordoni noted, the original figure was $106,000 of which we would be reimbursed 50% or $58,000. Now because of sane changes in the process, or at least where the trail is being built, or considered to be built today, as where we discussed at our last meeting we are building less trail? Supervisor Desch replied, right. Councilman Bordoni continued, we are building from Hudson Street to Bums Poad? Supervisor Desch replied, right. Councilman Bordoni continued, and that total cost is $90,000 of vhich the Town must pay 50% or $45,000? Mr. Frantz replied, right. Supervisor Desch added, more or less. Councilman Bordoni asked if the Town was building 25% less road or 50% less road. There doesn't seem to be an awful lot of difference, we are talking about $16,000 difference. Mr. Frantz replied first of all, we had to increase the cost estimate of construction. Over a large section of the trail the railroad ties are still embedded which we have put in an estimate for removal and disposal of them. A second itan is that the trail is intended to follow vhat we call the upper railroad bed from Coddington Road to Bums Poad. That is currently owned by NYSEG and they are not at this time sure v^ther or not they vrould give us an easement over that portion of the trail so we have included Town Board Minutes 40 June 13, 1988 $18,000 as a contingency in the event the Town would acquire that land from NYSEG. Councilman Ccirdman remarked, it sounds like this plan all of a sudden has gone very large in scope. Councilman Bordoni ronarked that with the cost escalation for this abbreviated portion, the final dollar figure all the way? How much more is it going to cost us in the long run. We have to do some projection here in order to get this in the right perspective. I I Mr. Frantz replied that the section from Aurora Street to Buttermilk Falls State Park, he stated that he did not have the original budget with him with the breakdown section by section, but he believed it was in the vicinity of $20,000 to $25,000 for that section. Councilman Bordoni replied, for the Board to make decisions piecemeal on a trail that hopefully will be used for the next 50 years, let's hope, or 100 years, if it's ever done. But we are being asked to approve this thing piecemeal. It sounds like the old construction game, I can build this house for you for $60,000 and before you move in you have $100,000 and you still can't call it a completed home. He stated that he could see the same thing with this trail. Can we get a total completed picture of v^ere this trail is going to start and go and where it is going to end \ap and how much it is going to cost us? He stated that he thought it was necessary to do that before we bit the bullet on this piecemeal approval of a piece here and a piece there. Mr. Frantz replied that the trail has been approved in the Parks and Open Space Plan to run basically from Allen H. Tronnan M^ina around the southend of the City and up the hill out to Bums Poad. Councilman Bordoni relied that he understood that, he had seen the map but he was a little troubled with that. Si:pervisor Desch suggested that the matter be tabled so that the Assistant Planner could come back to the Board with the overall facts and figures. Town Planner Susan Beeners noted that the remainder of the trail, the part going from Aurora to Buttermilk and then over all the way to Treman Marina has been frustrated for two or three years because of some real indecision on the part of the City as to where they want to see the trail located. From the Marina to Buttermilk there is an agreement that that section will be constructed the State, going from Buttermilk to Morse Chain-Aurora Street is an area where three parties are involved and it is difficult to really figure out what a share might be, at this time, because of all of the indecision on the rest of the route. Supervisor Desch replied, let's bring back the big picture so that we can go back over it again. AWARD OF TRUCK BIDS Highway Superintendent John Ozolins stated that he proposed awarding the bid for the Mack truck in that the difference between the low bid which was International and Mack was approximately $1,600 or $800 per truck. However, the key areas \^ere International falls short are the engine, the tork rating, the transmission, this ccmbination did not match up right. From past experiences, the problems that we have had with the trucks we have n Town Boaird Minutes 41 June 13, 1988 have been tranamissions and rear ends. The other key area is the rear axle. Councilman Ccirdman questioned the resolution which charges it to two different year highway funds? Highway Sijperintendent Ozolins replied, right. Councilman Cardman asked vhy the resolution said Highway Fund 1*^ Reserve for Highway Equipment subject to Permissive Referendum, he asked what that meant. I ' Supervisor Desch replied, the allocation of funds from the reserve is subject to Permissive Referendum. If you vote for this resolution tonight, people have thirty days to petition if they decide they don't want you to spend that portion of it frcm the reserve. It's just the nature of the law as far as reserves are concerned. Highway Superintendent Ozolins went on to say that as far as putting it over two years, by bidding for two we have cut down the cost. RESOmTICN NO. 172 Motion by Councilman Cardman; seconded by Councilman Bordoni, WEJEREAS, on June 2, 1988, bids were received for two new 1988 dump trucks, 35,000 pound GVWR each, snow plows and dump boxes and duitp bodies/material spreaders for each new truck, and WHEREAS, two bids were received for the two new dump trucks ranging in amounts frcm $91,822 to $93,475, and rn WHEREAS, one bid was received for the snow plows and dunp boxes and j duitp bc^es/material spreaders for each of the new trucks in the amount of $53,688, and WHEREAS, after review of the bids by the Highway Superintendent, it was determined that the low bidder for the new duitp truck did not meet specifications, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herein award the bid to Beam-Mack Sales and Service, P.O. Box 221, 3050 Lake Road, Elmira, New York, in the amount of $93,475 for the purchase of two new dump trucks, one to be delivered on or before Septemiber 15, 1988 and the other truck to be delivered on or before January 15, 1989, and FURTHER BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby award the bid to Steuben Supply Ccmpany, P.O. Box 546, Bath, New York, in the amount of $53,688 for the purchase of two new snow plows and dump boxes, and dump bodies/material spreaders, delivery of same to coordinate with the delivery of the new dump trucks, and FURTHER BE IT RESOLVED, that the truck being purchased in 1988 be charged to Highway Fund DB5130.200 Machinery and the other txuck being purchased in 1989 be charged to the 1989 Highway Fund pHf DB5130.200 Machinery, and ' ' FURTHER RESOLVED, that the snow plow and dump boxes and dump bodies/material spreaders be charged to Highway Fund Reserve for Highway Equipment subject to Permissive Referendum. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). 88?. Town Board Minutes 42 June 13, 1988 PUBLIC HEMOTG TO CCNSIDER THE ADOPTICN OF A SPRINKLER LOCAL LAW IN THE TCWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider the adoption of a Sprinkler Local Law in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch noted that the Board had received, previous to the public hearing, a copy of the proposed local law and a memorandum I pertaining to -^e Sprinkler Local Law. He then went on to say that he would propose that the local law be laid on the table for consideration at our July meeting as this is a very major step and the Board needs to think about it and the public needs the opportunity to look at it. Councilman McPeak questioned the word "retrofit". He stated that that word bothers him, it means that ever^xdy now v^o has a house in the Town Supervisor Desch replied, if you adopt that provision of this ordinance there would be a requirement. councilman McPeak suggested that the word "retrofit" be droE^)ed and instead say anything built after July or August or September of *88 should cotie under the ordinance. In the Town of Ithaca we have a lot of people on fixed inccmes, retirement, \^ere $2,000 would cost them seme strciin and pain. He felt it would cost about $2,000 to put a system in a house once the house has been built. While the frame is open, v^le the studs are open, while the ceilings and sidewalls are open you can put it in at very little cost. He went on to say that it was a good idea and he would certainly support it but he would just question the retrofit. 1*1 Supervisor Desch replied that in the TOwn of Greenburg ordinance they did not require a retrofit for one and two family houses. councilman Cardman remarked that he supported Councilman McPeak *s ccmroents and he also supported the Supervisor's ccmments that it should be left on the table for at least a month so that everyone can get a chance to read it. Councilwcman Raffensperger stated that she was always concerned about estimates of cost and she wondered if it would be possible to get seme more estimates? Supervisor Desch replied that several have been received from different plumbers but of course it varies frcm the size of the house and the type of house, Tether you have plaster wall, sheetrock walls, brick walls, etc. Councilman Bordoni questioned the first page of the law where it says, "This local law shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights". He asked if the Village of Cayuga Heights had a sprinkler system law? Supervisor Desch replied no, but we have no authority to implement one in the Village area. COuncilvonan Raffensperger noted that in the acccnpanying material to this there seems to be scarie sort of built in assimption that we have a decision about the type of fire department we are going to have in the future. She went on to say that this was probably accidential. Town Board Minutes 43 June 13, 1988 Supervisor Desch replied, not really. It gives you possibilities and an assessment of costs. Councilman Bartholf stated tliat he had a question on the single family sprinkler systems where the property is out in the country and they have wells. He asked if this was just for v^re there is city water or all. Supervisor Desch replied, the way this is written it includes areas n beyond the public water si:pply as well. In other words, you would I need to put a pressure tank in to store that water, vhich is being done relatively commonly but it is an added cost if you don't have public water. He went on to say that on the other hand, residential sprinklers now do not require a separate fire main service. Councilman McPeak asked if there was an insurance advantage? Supervisor Desch replied that there was an insurance advantage, it will not advertise the cost to retrofit, it may well advertise the cost if you are building a new house and putting it in. There has been some discussions about subsidizing retrofitting, that's a big arena and we did not get into it. Councilwcman Raffensperger asked if most of the houses in the Town of Ithaca were supplied by 1" pipes? Supervisor Desch replied no, most are 3/4" Councilwcman Raffensperger remarked, so that would have to be altered. David Auble, Developer, asked if there was a ballpark estimate for ^ a standard 2,000 square foot home, new construction? i i Supervisor Desch replied, the plumbers are telling us 50 cents a square foot. That does not incltjuie the house service which you would have to increase frcm 3/4" to 1" Mr. Auble asked about retrofit? Supervisor Desch replied, retrofit they are saying $1.00 or less. But it depends on the house, it depends on v^ether you bury all the pipes in the walls. For exaitple, if you have a hot water system, pipes running exposed, that sort of thing. They are saying it could be as much as $1.50 a square foot. Town Attorney Barney asked if the retrofit on one and two family dwellings should stay or not? Councilman Bordoni replied that he felt it should be eliminated. Councilworoan Raffensperger agreed as well as Councilman McPeak, Councilman Bartholf and Coimcilman Cardman. Councilwoman Raffensperger, speaking to the Town Attorney, stated that she had a question, since we have just been working on setting up the day care facilities, the smallest number of children that sOTiebody is allowed to have in their home, would they be required^ under this? That's just for three children, isn't it? ' ' Town Attorney Barney replied yes, both the new and retrofit. We say anybody for hire, so its really one child. Councilwcman Raffensperger replied that it seonned to her to add a tremendous amount of expense to smallest of day care categories we discussed. Z6Z n n Town Board Minutes 44 June 13, 1988 Town Attorney Barney asked if the Board would like to make it for four children and \sp, or sonething like that? Councilman Bordoni remarked, do you want to do that or do you just want to eliminate the retrofit on existing hones and that would include homes that had day care? Councilwoman Raffensperger replied that the day care thing is on the side of that category and that is why she had brought it up. Councilman Ccurdman asked, instead of eliminating retrofitting can we specifically say the ones that we feel should have it? ^<0^ Town Attorney Barney replied, that is fine. That he just needed guidance. Town Supervisor Desch remarked, you just have to decide whether you want the day care included or excluded. Councilman Cardman remarked, the Town Attorney is agreeing with us about listing the ones we want to put in but now he is asking us v^ch ones do we want to put in. Supervisor Desch noted that a suggestion had been made to include anything four or above for day care. Councilman Cardman replied that he would be ccmfortable with that. Councilwoman Leary agreed. Councilman Cardman remarked, once the Town Attorney puts it in we can come back and discuss it. Town Attorney Barney replied, the problem is is that each time we make a change of substance we have to have a new public hearing and " readvertise so that is why he is trying to get a semi final form. I i - Councilwoman Leary stated that she thought that with day care facilities, some of the the costs are so tight that she felt the Board should be a lenient as possible, even with those above four. COmcilwoman Raffensperger replied that as she recalled, there are three or four categories of day care facilities and those increase in the number of children. She stated that she was suggesting to the Town Attorney that at least the lowest one, and she did not remember what that nuitber is, four or vtetever. Town Attorney Barney replied, there was a break at four but the felt for realistic purposes, the group family day care center was seven or eight. Supervisor Desch asked if the Board would prefer seven to four? Councilwoman Raffensperger replied, just so it is consistent with that. Town Attorney Barney remarked, we haven't even adopted that yet so he was not sure. Supervisor Desch asked if the recommendation was seven or eight? Town Attorney Barney replied, seven or eight the number makes no difference. Supervisor Desch stated, then it should say seven or more or more than seven, whichever way you prefer. Tcfwn Board Minutes 45 June 13, 1988 Councilvonan Leary stated that she would leave out day care all together. The Board agreed this was not good and couldn't be done. Supervisor Desch noted this segment is a real fire risk. Councilworoan Leary asked if there was a difference between child care institutions and day care? n Tcfwn Attorney Barney replied, we are a little more explicit in the new item 40 \diere we put any building were child care is provided for any nuiriber of children for hire. We did not put that into the retrofit section. But there is in the retrofit section child caring institutions. You might want to iirport the language from the new item 40 but put a higher limit in there. You might say any building in which child care is provided for seven or more or eight or more or whatever figure you might choose. The Board's feeling was seven or more. RESOLUTICaJ NO. 173 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns consideration of the Sprinkler Local Law to 7:30 P.M., on July 11, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). The Town Attorney then noted that section 4, item 4 was being modified to apply to seven or more children, item 16 comes out all^ together and item 17 should come out all together. I Councilwoman Leary asked if multiple dwelling was anything beyond single family? Supervisor Desch replied, multiple family would be require to have retrofit. Councilwoman Leary asked if that would be a duplex and anything else? Town Attorney Barney replied, that would be anything more than a duplex, three or more. WATER ACCOUNT REFUNDS RESQLUTKaJ NO. 174 Motion by Councilman Cardman; seconded by Councilwoman Raffensperger, WHEREAS, a meter reading error was made by the customer on the Jme 1987 meter reading and continued to be made incorrectly since that date. n NCW THEREFORE BE IT RESOLVED, that the TOwn Board of the Town of Ithaca hereby authorize a refund of $125.42 for water and $12.55 for water surcharge, total refund of $137.97 be made to Elwood Wagner, 1106 East Shore Drive, Ithaca, New York. Account number T-1326. Town Board Minutes 46 June 13, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). RESOUUTION NO. 175 Motion by Councilwcman Raffensperger; seconded by COimcilroan Cardman, WHEREAS, the customer living at 242 Coddington Road has been reading the gas meter instead of the water meter for over a year, NCW THEREFORE BE IT RESOLVED, that the TOwn Board of the TOwn of Ithaca hereby authorize a refund of $162.57 for water, $16.26 for water surcharge, $150.18 for sewer and $11.28 for sewer siircharge, total refund of $340.39 be made to Richard Sullivan, 253 Applegate Road, Ithaca, New York. Account number F-449. (Desch, McPeak, Raffensperger, Bartholf, Leaiy, Bordoni and Cardman voting Aye. Nays - none). RESOLUTION NO. 176 Motion by Councilman McPeak; seconded by Councilman Bartholf, WEIEREAS, Mrs. Sprole paid her December 1987 water bill late and, therefore, it appeared on her March billing and she then paid it again, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $120.24 for water, $12.02 for water surcharge, $79.39 for sewer and $8.42 for sewer surcharge, total refund of $220.07 be made to Zetta Sprole, 1031 Hanshaw Road, Ithaca, New York. Account number T-1341. (Desch, McPeak, Raffensperger, Bartholf, leary, Bordoni and Cardman voting Aye. Nays - none). RESOLUnON NO. 177 Motion by Councilman Bordoni; seconded by Councilman Cardman, WHEREAS, Mr. Cogger paid his December 1987 water bill late and, therefore, it appeared on his March billing and he then paid it again, NCW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $134.06 for water, $13.40 for water surcharge, $88.07 for sewer and $9.38 for sewer surcharge, total refund of $244.91 be made to Richard Cogger, 14 Dove Drive, Ithaca, New York. Account number S-3646. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). RESOLUTICN ND. 178 Motion by Councilman Cardman; seconded by Councilman Bartholf, WHEREAS, an actual reading was received in April of 1988 and after examination, it was discovered that there had been a reading error in June of 1986 at The Salvation Army property located at 112 Maplewood Avenue, r Town Board Minutes 47 June 13, 1988 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $141.99 for water, $24.14 for water surcharge and $16.62 for penalty, total refund of $182.75 be iiade to The Salvation Arrry, 115 North Albany Street, Ithaca, New York, Account number V-3392. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). SPEED LIMIT REDUCTION ON WEST HAVEN ROAD Supervisor Desch noted a petition received fron the residents of West Haven Road for a reduction of the speed limit. He went on to say that the Town would be applying to the State through the County for the reduction. He did not think anybody would argue with the fact that there was a need as it was a residential street. He went on to say that the problon was that there was a fair amount of op^ land and that made it difficult for the numbers and the study to cone out so that DOT would see fit to reduce it but it's vrorth a try. I^OLUTICN NO. 179 Motion by Councilman Bartholf; seconded by Councilman Cardman, WHEI^IAS, the residents of West Haven Road have presented to the Town of Ithaca a petition containing fifty-four signatures of area residents requesting a reduction of the speed limit on West Haven Road from 55 MPH to 40MPH, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby request that New York State DOT review the request and reduce the speed on West Haven Road to 40 MPH. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni, and Cardman voting Aye. Nays - none) . TCWN OF ITHACA WARRANTS Town Engineer Flumerfelt stated that he had three requests for payments fron contractors vhich came in late. Vacri Construction including Phase I of the 1987 Water and Sewer Irtprovements have a request in for $215,492.78, it's their fourth payn^nt request. F. Rizzo Construction, doing the work on Taughannock Boulevard, has a request in for $129,158.70, this is their third payment request. Also, Hill Construction who is doing the hospital access road has a request in for $2,422,00 which will bring them up to their full contract amount less extras v^iich they will be requesting. They are finished with their work and the County plans on starting paving the later part of this week. I Councilman Bartholf asked if the work Hill Construction Conpany had done was satisfactory? Supervisor Desch replied satisfactory but there is a problem with extra claims that we have yet to deal with. That will be coming up later. Town Engineer Flumerfelt stated that there were some unforeseen wet soil conditions there that required some extra gravel, etc. RESOLOTION NO. 180 1 n Tcfwn Board Minutes 48 June 13, 1988 Motion by Councilworoan Paffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca herd^y approves the Town of Ithaca Warrants dated June 13, 1988, in the following amounts: General Fund - Town Wide $ 64,751.68 General Fund - Outside Village $ 56,120.32 Highway Fund $192,283.05 Water and Sewer Fund $ 85,414.91 Capital Projects Fund $460,146.00 Lifting District Fund $ 451.50 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). BOLTON POINT WARRANTS RESonyric^j no. 181 Motion by Supervisor Desch; seconded by Councilman Cardman, RESOLVED, that the Bolton Point Warrants dated June 13, 1988, in the Operating Account are hereby approved in the amount of $119,833.41 after review and ipon the reccmmendation of the Southern Cayuga Lake Intemunicipal Water Ccnmission, they are in order for payment. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Sijpervisor Desch asked if there any staff reports that anyone wished to ccnment on. DOVE DRIVE Town Engineer Robert Flumerfelt stated the Dove Drive, Hungerford Heights drainage problem has hung on for quite a T^ile and that he had had recent discussions with Cornell officials and with Ralph Vam all together. He noted that Mr. Vam appears willing to cooperate in seme kind of a solution but we can't seem to reach a satisfactory solution as to v^ere the drainage should ultimately be carried and who should give xjp T^t land to do it and how it should be accomplished. Perhaps a small committee could give us some guidance. Supervisor Desch remarked, this is the one that we deferred last month. He went on to say that he would like to suggest a committee of Councilman Cardman and Councilwanan Raffensperger wcrk with the Town Engineer to see a reasonable compromise might be to proceed with that. EXECUTIVE SESSION RESCgJJnON NO. 182 Motion by Sxpervisor Desch; seconded by Councilwomian Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss an item that has been brought to Tdwn Board Minutes 49 June 13, 1988 the Board having to do probably in the category of personnel and 02:ganization. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). n Town Clerk n The Ithaca Journal of ^ork, tZFoo^kmo Ccnmtg, being duly sworn, deposes and says, that he resides in Ithaca, County and state aforesaid and that he is of The Ithaca Joubnal a public newspaper printed and published in Ithaca aforesaid, and that a notice, of which the annexed is a true copy, was published in said paper and tibat die first publication of said notice was on the I. day of .@1 -r— Subscribed ^d sworn to before me, this day < of Notary Public. JEAN FORD Notary Pub!ic> State of New York No. 4654410 Qualified in Tompkins County Commission expires May 31, 19... / :v TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAI« notice;-that Ihe^ Town Board ^blj-.the Tdwh . of , Ithaca will niieet arid conduct.i a public hedf{tig"6h' Juhe ,13, 1988 of 6:30 P.M.r dtThe /yoy- I er Schoor,..l251.Trumansburg Rodd, Ithdca, New. Ydrk,*;ito consider i^fhe 'adoption.'of, ,d Sprinkler;. Ordinance, in, jthe n Town of 'llhacd diid.to hear oil persons jn; favof,of dir opposed to the. adoption of sop ordi nance: _ S= 'Jean H. Swartwdod • n . n ' Town Clerk. June' 1>:;1988,^^x^y;% f t \ The Ithaca Journal ^tate of ^ork, ^on^kins Cmmig, so.: being duly swom, deposes and says, that he resides in Ithaca, County and state aforesaid and that he is of The Ithaca JoxniNAL a public newspaper printed and published in Ithaca aforesaid, and that a notice, of which the annexed is a true copy, was published in said paper and that the first publication ofs^d notice was on the L day of Subscribed and sworn to before me, tiiis day .z? JEAN FORD notary Vuhlic. Notary Public, State ot New York No. 4654410 Qualified in Tompkins County^py Commission expires May 31,19... / '? TOWN OF ITHACA notice, of 'ADJOURNED PUI^' Lie HEARING • : PLEASE TAKE NOTICE, that iKe Town. B.parcl of the Town of Ithaca will nneet and conduct on .adjpurned public hearing j on June 13, 1988 at 7:00 P.M.,-; at The AAayer School, 1251 ,Tru- mansburg Road, Ithaca, Nevy York, to consider* a local lowSrezoning a 15.86 dcreportion"; of Town of Ithaca Tax Parcel IMO located ;at'1290 Trumansburg 'Rood;^ ^.86, .owes total, from ResI-" nf fo Business!District,, .8 _, for.the pfopbsed^udevelopment of p'nelgWf::'^ "®od- commercial service ceh^ter,^and .^rther.-'with 'rei$6ect a to the. proposed.rezoning of dlt 12 acre, portion of .'said vTox j Porcel from Residence Dlslrlct! n-I®j; Multiple Residence.District, Oo Hyon and Song Jo Kyong, Owners, and.wilTjqt this time hear all persons'in favor of or opposed to the" adoption of said local low. ''T'n , Jean H. Swartwobd V I 1 • Town Clerk 'June 1, 1988 , The Ithaca Journal ^talf of ^tfxj ^atkf ^ompkmo (Ecnmig, 00.: <iuly swom, deposes and says, that he resides in Ithaca, County and state aforesaid and ' "^1 that he is of The Iihaca JoxniNAL a public newspaper printed and published in Ithaca aforesaid, and that a notice, of which the annexed is a true copy, was published in said paper .. and diat the first publicationjof. said notice was on the day of / a wXt. ^ ^ ^ ■?■ ■'fry.'^Trrrr.. Subscribed ^d sworn to before me, this dayol 19......^^ JEAN FORD Notary Fuhiic. Notary Public, State of New York No. 4654410 Qualified in Tompkins County,5;^^1, 19..?>7Commission expires May 31, : V ;^;iT0WN 0Fi IIHACANOTICE OF.PUBUC HEARING ^PLEASE TAKE NOTICE,-that ^heTown^Boord , of the •Town''of Ithaca will meet and conduct'^ a public hearing on'June 13/1988 at 8:00 P.M.J at The Mayj-ers SchoaI^^1251 TrumdnsburgRoad, Ithaca, 1 New; York," foconsider oti amendment, tb;LcH;,col Ldw'No^3 -;1987, 'qhd.wi,ll,^at thjs tirne hear all.^fsohsjn',^favor,.of pfvopposed to; the'adoption bf.sdia local law!;,-'. . V''JJedh H. Svvd'rtwodd :-^^;Tpwn ClerkJune^V,^!^