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HomeMy WebLinkAboutTB Minutes 1988-04-11TOWN OF ITHACA REIGULAR BOARD MEETING i^ril 11, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Tcantpkins Covinty, New York, held at the Town Offices at 126 East Seneca Street, Ithaca, New York, on the 11th day of ^ril, 1988, there were: PRESENT: ALSO PRESENT: Noel Desch, Supervisor Henry McPeak, Coimcilman Shirley Raffensperger, Coimcilwcman Robert Bartholf, Councilman Patricia Leary, Councilwcman Raymond Bordoni, Councilman Thomas Cardman, Coimcilman Robert Flumerfelt, Town Engineer John Ozolins, Highway Superintendent John Barney, Town Attoimey Tom Fursinger, State Equipment, Syracuse Robert Earle, Kay Street, Board of Fire Commissioners David Cornelius, Board of Fire Commissioners Edward Olmstead, Ithaca Fire Department Deborah Dietrich, Board of Representatives Henry Aron, Woolf Lane Sean Killeen, Ithaca City Council Robert Cotts, 115 Northview Road Barbara Cotts, 115 Northview Road Susan Fertik, 113 Juniper Drive Kinga M. Gergely, 106 Juniper Drive Gary Carlson, 119 Northview Road Che - Yu Li, 112 Juniper Drive Robert Greenwood, 1431 Slaterville Road Doris Greenwood, 1431 Slaterville Road R. T. Horn, 108 Juniper Drive Joan Horn, 108 Jxmiper Drive Aafke Steenhuis, 266 Pennsylvania Avenue Mary Rollins, 139 Northview Road N. W. Rollins, 139 Northview Road Fred T. Wilcox 111, 109 Juniper Drive Mickey Herzing, 319 Coddington Road Susan Centini, 103 Juniper Drive Dale Corson, 144 Northview Drive Dick Carmen, 213 Northview Drive, Wfest Laura Holmberg, 1109 Taughannock Boulevard Herbert D, Brewer, 122 West Court Street Beverly Livesay, Board of Representatives Ken Walker, Chamber of Commerce Roland Marion, Box 54, LaFayette, New York Representatives of the Media: Margaret Ramirez, WVBR Fred Yahn, Ithaca Journal PLEDGE OF ALLEGIANCE The Si:5)ervisor led the assemblage in the Pledge of Allegiance. 9?:! Town Board ^ril 11, 1988 REPORT OF COUNTY REPRESENTATIVES County Representative Deborah Dietrich stated that the good news is that the neighborhood is a lot happier with the contractors and everyone vdio is up there doing the water and sewer work. That project is really moving along although the timing may not be great now with the road closed. The bad news is that her district is pretty upset about both the Klondike development and the Kyong development. Supervisor Desch replied, on the Kyong proposal for West Hill he planned on suggesting to the Board that the hearing be held on West Hill because of the size of the Board roan and because of the detour. ANNUAL INVESTMENT REPORT Supervisor Desch noted that Item #3 actually tums out to be the Annual Investment Report and the Quarterly Report. The Supervisor went on to alert the Board that the 1988 investment income would not be as large because in 1987 we not only had our water and sewer revenues but in 1988 we do not have a very large Town tax levy so the interest earned on that levy will be much smaller. RESOLUTIOJ NO. 97 Motion by Supervisor Desch; seconded by Councilman M(a>eak, RESOLVED, that the Town Board of the Town of Ithaca hereby accept the Annual Investment Report for the Town of Ithaca for the investment income for 1987 in the amount of $101,150. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardraan voting Aye. Nays - none). QUARTERLY INVESTMENT REPORT RESOLUTION NO. 98 Motion by Councilwcman Raffensperger; seconded by Councilman C^dman, RESOLVED, that the Town Board of the Town of Ithaca hereby accepts the following Investment Report for the quarter 1/1/88 to 3/31/88: CERTIFICATES OF DEPOSIT Date Acquired 12/1/87 1/25/88 3/11/88 SAVINGS Amoiant Rate of Interest $ 577,000.00 6.40% 1,277,000.00 6.25% 1,623,508.58 6.15% Maturity Date 1/25/88 2/24/88 5/10/88 Interest Earned $5,564.49 6,303.08 Month End of Month Balance Rate of Interest Interest Earned Januairy February March $ 880,287.71 2,597,227.31 529,183,63 5. 5.40% 5.40% $3,345.76 6,282.77 5,316.94 INTEREST CHECKING 2Zl Town Board 3 April 11, 1988 End of Month Rate of Interest Month Balance Interest Earned January $ 56,805.27 4.25% $704.66 February 46,618.08 4.25% 203.73 March 194,292.56 4.25% 459.60 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). COMPUTER PURCHASE FOR HIGEiWAY DEPARIMENT AND ACCOUNTING DEPARTMENT Councilman Bordoni asked of the total of $7,455, do these other figures consume the $10,000 total? Connie Allen replied that the balance of the $10,000 would be used for printers v^ich are not included in the proposal. Councilman Cardman asked if the software had already been identified to run on these machines. Connie Allen replied that the Highway Superintendent is looking for sonething. Highway Superintendent Ozolins stated that initially he was looking at using Lotus, most of the software that is available is more for ccmraercial trucking firms that are dealing with taxes, etc. Councilman Cardman stated that he was just concerned that we not buy the cart before the horse. RESOLUTION NO. 99 Motion by Councilman Cardman; seconded by Councilman Bordoni, WHEREAS, appropriation of funds in the amount of $10,000 for purchase of coiputers and related equipment for the accounting and highway departments was approved at the March 7, 1988 Town Board meeting, and WHEREAS, AST Premium 286 Mcxiel 140 ccsiputers are IBM PC ccnpatible and are available on New York State contract #P30486 through ADD Electronics Coi:poration, 7 Adler Drive, East Syracuse, New York, and WHEREAS, the Highway Superintendent and Assistant Budget Officer have met with the salesperson regarding this equipment and are satisfied that this equipment will serve the immediate and long-term computer needs of their departments, NOW TEiEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve the following computer purchase: Accounting Department AST Premixm 286 Model 140 $2,516.50 10 MHz 80286 Processor 1 MB FASTRAM Memory 1.2 Mb Floppy Drive 40 Mb Hard Drive (28 MS) AST 3G Plus Video Adpt. MS-DOS and GW-Basic 101-Key Keyboard 500511-001 Floppy-360 150.50 Half-height, 5.25" flojpy drive 08T Town Board 4 Z^ril 11, 1988 500377-001 Premiiim Display/Monochrcme 136.50 80287-10 Math Co-processor 385.00 To upgrade current owned IBM PC XT 500376-001 EGA Monitor 486.50 500496-001 XFormer/286 - replacement board for upgrading processing speed of PC XT 591.50 ^ Highway Etepartment AST Premim 286 ffodel 140 $2,516.50 10 MHz 80286 Processor 1 MB FASTRAM Memory 1.2 Floppy Drive 40 Mb Hard Drive (28 MS) AST 3G Plus Video Adpt. MS-DOS and O^-Basic 101-Key keyboard 500511-001 Floppy-360 150.50 Half-height, 5.25" floppy drive 500377-001 Premium Display/Monochrcme 136.50 TOTAL $7,070.00 80287-10 Math Coprocessor (optional for highway department) 385.00 TOTAL with optional Math Coprocessor $7,455.00 Balance of appropriated funds to be used for purchase of printers, software and tables. ^ Purchase includes ccmplete installation including starter materials, demonstration materials and qualified on-site instruction. Maintenance contract available at the end of the one-year guarantee. (Desch, McPeak, Raffensperger, Bartholf, Leairy, Bordoni and Cardman voting Aye. Nays - none). SALARY ADJUSTMENT FOR HICSWAY DEPARTMENT EMPLOYEE RESOLUTIOJ NO. 100 MDtion by Councilman Bartholf; seconded by Councilman McPeak, WHEREAS, Brian Barry, Highway Department employee, has performed his duties in a highly satisfactory and dependable manner during the period of time that he has been on probationary status, and WHEREAS, the Highway Superintendent has recanmended that Mr. Barry be changed to permanent status with a reinstatement of his hourly salary cut, mm NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve that Brian Berry be removed from probationary enployment status to permanent oiployment status with a $.50/hour increase in salary effective i^ril 1, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Li!cR Gt'iS f.',rtl034 TOGETHER WITH a temporary easement over Penny Lane Extension as shown on a survey map entitled "Plan of Lands Known as The Crescent, Town of Ithaca, Tompkins County, New York" made by Hunt Engineers, P.C, dated August 3, 1987, revised December 10, 1987 to add Lots 108, 111 and 112, a copy of which map is to be recorded concurrently herewith. SUBJECT TO a 30-foot wide easement for maintenance and operation of certain sanitary sewer line, designated as "Easement B", as shown on said survey map, which easement is to be conveyed to the Town of Ithaca. SUBJECT TO a ten foot wide easement along the northerly boundary of the premises conveyed for the installation, maintenance and operation of underground utilities including electric, gas, telephone and cable servicing to the above described premises and other dwellings in. Commonland Crescent Subdivision, as shown on said survey map, which easement is to be conveyed subsequently to this deed. SUBJECT TO the following insofar as they may affect the edDove-described premises: 1. Easements granted to New York State Electric and Gas Corporation by instruments recorded in Liber 312 of Deeds at page 34, in Liber 374 of Deeds at page 445, in Liber 6 of Miscellaneous Records at page 29; and in Liber 616 of Deeds at page 404 (the latter also running in favor of the New York Telephone). 2. Easements granted to New York Telephone Co. by instrument recorded in said Clerk's Office in Liber 174 of Deeds at page 463, and Liber 616 of Deeds at page 409 (the latter also in favor of New York State Electric & Gas Corporation. TOGETHER WITH AND SUBJECT TO a mutual easement for use and enjoyment for the benefit of the owners of all lots which comprise Commonland Crescent Subdivision, to that portion of the above-described premises shown as "Open Space Easement" on a certain "Map of Commonland Crescent Subdivision, Town of Ithaca, Tompkins County, New York," dated June 23, 1987, made by Hunt Engineers and Surveyors, P.C., a copy of which map was filed in the Tompkins County • Clerk's Office in Vault Box XI, 69. Such open space easement shall be graded and planted with meadow grasses where necessary. No building of any nature shall be constructed in said Open Space Easement. No trees or shrubs in excess of eight (8') feet in height shall be planted in the Open Space Easement. No addition or improvement to the dwelling presently located on the premises shall be constructed which is more than 27 feet in width or which increases the area of the existing dwelling on the premises by more than twenty- five percent, and any addition or improvement may not be closer at any point than five feet from the property line of which the above-mentioned party wall is located, or closer than seventeen feet to the oppositfe property line of the above-described premises. The color of the exterior of any structure now or hereafter constructed on the premises shall not be varied from the ordinary range of wood stain. The easements, covenants, conditions, limitations and restrictions contained herein shall be binding upon the Grantee herein and for the benefit of and limitation upon all future owners of said land and premises, and the Grantee, covenants that it will include all such covenants and. restrictions in any subsequent deed. These covenants and restrictions may be enforced by any landowner in the Commonland Crescent Subdivision and/or utER 632 m1035 by the Town of Ithaca. The Town, however, shall not have any legal obligation to other landowners to enforce same. AND the party of the first part covenants that said party of the first part is seized of the said premises in fee simple and has good right to convey the same; that the party of the second part shall quietly enjoy said premises, that the said premises are free from encumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to saia premises; and that said party of the first part will forever warrant the title to said premises. AND that, in compliance with Section 13 of the Lien Law the Grantor will receive the consideration for the conveyance and will hold the right to consideration as a trust fund to be applied purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before suing any party of the total of the same for any other purpose. AND, in compliance with Section 909 (b) of the Business Corporation Law, the Grantor warrants that the above-described premises do not represent all or substantially all of its assets, . TOGETHER, with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. AND said party of the first part covenants as follows: FIRST, That the party of the second part shall quietly enjoy the said premises; SECOND, That said party of the first part will forever WARRANT the title to said premises. THIRD, That in Compliance with Section 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any party of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part signed and sealed these presents the day and year first above written. IN PRESENCE OF: COMKONLAND CRESCENT TRANSFERTAX TOMPKINS COUNTY ^ - /■( -V A Claudia Weisburd, Secretary HOUSE CRAFT BUILDERS, INC.HOUSE CRAFT BUILDERS, xww. DEVELOPMENT CORPORATIOM;...-f ; /? ( J? t mi Claudia Weishurd, Secro;^ary^, c ».•.-: I , vOV • / STATE OF NEW YORK; COUNTY OF TOMPKINS)SS. : Uer 632 pACtl-036 On this of i L , 1987, before ne came CLAUDIA V7EISEUR0, to me known, who beinu by me duly sworn, did depose and say that she resides in the Town of Ithaca, County of Tompkins and State of New York, that she is the Secretary of COKMONLAND CRESCENT DEVELOPMENT CORPORATION, the Corporation described in and which executed the foregoing instrument; that she knows the seal of said Corporation; that the seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation; and that she signed her name thereto by like order. 3 .•>il .J •5 X 1 Notary Public Qualified in Tompkins CounWjl Commission Expires November 30,1 STATE OF NEW YORK; COUNTY OF TOMPKINS)^.: On this day of , 1987, before me came CLAUDIA WEISBURD, to me Icnow, who being by me duly sworn, did depose and say that she resides in the Town of Ithaca, County of Tompkins and State of New York, that she is the Secretary of HOUSE CRAFT BUILDERS, INC., the Corporation described in and which executed the foregoing instrument; that she knows the seal of said Corporation; that the seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation; and that she signed her name thereto by like order. lotary Public NouV^waSta^oT^ [ / No. 4721245 • Qualified in Tompkins County < Ccmmisaion Expires November 30, 1 1 nn ' 'C' ('ompkir>» County, si: ^ r^ » Recorded on the Doy of... o'clock ..f?..M., in Liber ot peg exomlnedW? of Jprw.A ■'j.. ■ //Oy pCi^^y 5^155^ t %1 /^2£Z^4ni ^ y^/^/—^^2u-jwjy?y^ ,.i (WHILE YOU WERE OUT 1 M /A^&i&y^ n<^SOyiy o„„„= ^A6-^<&,3i ^.1P^5qi^^F CALLED TO" -'See YOU '7:^/'^/P c^Z.STox^y 'Phoned WILL CALL AGAIN PLEASE CALL TOPS ® FOB[v:4000 V ciriMcn y*'^zyyf^ •^Q- 10645 im ^ach1033 THIS INDENTURE Made this 29th day of December, 1987 BETWEEN COMMONLAND CRESCENT DEVELOPMENT CORPORATION, a New- York Corporation, having offices at 1459 Slaterville Road, Ithaca, New York 14850, and HOUSE CRAFT BUILDERS, INC., also having offices at 1459 Slaterville Road, Ithaca, New York 14850, party of the first part, and STEPHEN M. THOMPSON and PAULETTE CLANCY, husband and wife, as tenants by the entirety, residing at 28 Uptown Village, Ithaca, New York 14850 party of the second part, WITNESSETH, that the party of the first part, in consideration of One Dollar ($1.00) lawful money of the United States and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, their successors and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the southerly street line of Penny Lane as shown on the map hereinafter referred to, which point is located 1,175.82 feet westerly along the southerly boundary of said Penny Lane from its intersection with the westerly street line of Lois Lane; running thence South 23 degrees 18 minutes 15 seconds West, a distance of 260.00 feet to a point; thence North 17 degrees 51 minutes 24 seconds West a distance of 173.02 feet to a point in the southerly street line of Penny Lane Extension; thence continuing northeasterly along said street line on curve to the left having a radius of 170.00 feet, a distance of 56.18 feet to a point; thence continuing along said line North 59 degrees 40 minutes 07 seconds East, a distance of 113.19 feet to a point in the southerly street line of Penny Lane; thence easterly along said street line on a curve to the left having a radius of 60.00 feet a distance of 6.67 feet to the point or place of beginning, comprising 0.336 acres of land, more or less. The above described premises are known as 108 Penny Lane, Ithaca, New York 14850. The above description is in accordance with a survey map entitled "Plan of Lands Known as The Crescent, Town of Ithaca, Tompkins County, New York" made by Hunt Engineers, P.C. dated August 3, 1987, revised December 10, 1987 to add Lots 108, 111 and 112, a copy of which map is to be recorded concurrently herewith. BEING a portion of the premises conveyed by House Craft Builders, Inc. to Comroonland Crescent Development Corp. by deed dated June 30, 1987 and recorded July 1, 1987 in the Office of the Tompkins County Clerk at Liber 627 of Deeds at page 850. House Craft Builders, Inc., joins in the execution of this deed to convey rights across Penny lane until the same has been dedicated to and accepted as a public highway by the Town of Ithaca. TOGETHER WITH a temporary easement for ingress and egress to the above-described premises over the highway shown on said map as Penny Lane, until such time as the said highway has been dedicated to and accepted by the Town of Ithaca. S, £ £ ^ a. Town Board 5 /^ril 11, 1988 CXayMOSILAND ACCESS ROAD Supervisor Desch asked if everyone vdio cared to, has had the opportunity to look at site and were there any particular ccnroents? Councilwcman Raffensperger stated that she could not find that the Board ever had a resolution, including March 7, vhen we discussed it. She asked the Town Planner if this was correct. ^ Town Planner Beeners stated that she was not sure that a resolution was ejqsected. Supervisor Desch remarked that the only one we have is the Planning Boards resolution of March 1st. Town Planner Beeners added, that she believed the Board received at the last meeting the March 17th Planning Board resolution vdiich was actually the last action by that Board. Action was deferred until later in the meeting. ADVERTISING AND JOB DESCRIPTION FOR PARKS GROUND ASSISTANT RESOLOTIOSf NO. 100 Motion by Councilman Bordoni; secxDnded hy Councilman Bartholf, RESOLVED, that the TOwn Board of the Town of Ithaca hereby approve the job description for the Parks Ground Assistant and the advertisement to fill said position. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman ^ voting Aye. Nays - none). CULVERT POLICY Councilwcman Raffensperger stated that she had a question about this vdiich relates to an item the Board which the Board dealt with a number of years ago. We have maintenance of culverts damaged by Highway Personnel, she stated that it was recollection that a Mr. Drew vAio lived on the comer of Drew and Sheffield Road came to the Town Board because we hadn' t destroyed a culvert but we had destroyed his access. She stated that she thought Councilman Bartholf was the one v^o went to look at it. Councilwcman Raffensperger stated that v^ien she read through this it made her feel guilty because she recalled voting against the Town's doing anything to assist Mr. Drew in repairing the damage that basically we had done and vdiile he did not have a culvert, he had access. She stated that she felt that perhaps we ought to consider that case again since we are talking about the culvert policy and include seme kind of a reference to if indeed we necessitate the need for a culvert then the Town should take the same kind of responsibility as if we had damaged a culvert. Svpeirvisor Desch remarked, \dienever anyone builds a driveway we establish, in a sense, the need for a culvert. Councilwcman Raffensperger replied, no we did it. It says vdien the Town Highway Department... .under maintenance of culverts damaged by the Highway Personnel. She went on to say that it seemed to her that with along with that goes, if what the Highway Department does necessitates the need for the addition of a culvert vdiere there was not one needed for access before. vex Town Board 6 P^pril 11, 1988 Highway Superintendent Ozolins remarked that in most cases, he did not see this as a problem. If we do cane in an put a lift of asphalt over road, we will go back as part of the entire paving process to level it out and as far as ditching, the ditches are there unless there is new development in the area, and then the contractor would have to cone in and there is a provision further on that if because of development that the existing drainage structure is not adequate there are provisions there that the Board give prior approval to upgrade an existing drainage structure. Supervisor Desch asked if Councilwotian Raffensperger was suggesting that if the Town, because of one of its projects, needs to have a property owner install a culvert then the Town would assume that responsibility or see that it was done? Councilwoman Raffensperger replied, that the Town would take that responsibility. Councilman Bordoni remarked, because this gentleman had access at one point but then it was removed. Councilman Bartholf replied, the problem was that they had to clean the ditch all the way down through there because there was no place for the water to run, it was running in the road and all over. Mr. Drew had just built dirt \xp there to drive into his property. There was no culvert underneath, he just built up dirt. The Town went along and was cleaning out the ditches so that the water run more freely. Supervisor Desch remarked that the Board felt they did not have a responsibility to do that. Councilman Bartholf continued, if he wanted a culvert put in we ^ would have put it in but he had to pay for putting the culvert in. Supervisor Desch stated that he was not so sure we should consider this as a blanket policy. There are so many different possibilities that in one given situation we might choose to do it and in another no. Town Attorney Barney asked Coimcilwcman Raffensperger if this wasn't covered under 5a, \^iich says the Town Board will make the final determination on an upgrading and he felt cleaning of ditches would cone under this. Coimcilwonan Raffensperger replied, it says all culverts but as long as we imderstand that this is scmething has ccme in the past. She stated that she remembered Councilman Bartholf recoiimending that the Board help Mr. Drew out and that she had voted against it. Since then she stated that she had had the opportunity to see the site and rather regretted her feeling Itot it was not equitable to do scmething so she felt obligated to bring it up as a matter of policy. RESOLUTION NO. 102 Motion by Councilman Bartholf; seconded by Councilwotian Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approved the following DRIVEWAY CULVERT REPAIR AND MAINTENANCE POLICY: The following policies and responsibilities apply for the installation and repciir of driveway culverts in residential areas served by the Town of Ithaca Highway Department. Town Board 7 ^ril 11, 1988 1. New Culvert Installation Responsibilities A. The Owner or Developer (1) Buy the pipe and all required materials. (2) Install the pipe to ensure proper drainage. B. Town Engineering Department (1) Determine the proper size and head wall requirements. (2) Determine alignment information. (3) Provide requested stakes for excavation if no developer or contractor. C. Town Highway Department (1) Provide advice on installation of culvert and head walls. (2) Provide advice on canpaction of materials around the pipe. (3) Provide requested on site inspection of the culvert by the owner. (4) Provide on site visit to resolve problems the owner may experience during culvert installation. 2. Maintenance Responsibilities of Existing Culverts A. The Owner (1) Keep the area clean of trash and debris. (2) Piovide routine maintenance on the outlet end of the culvert. (3) Inform the Highway Department of culvert maintenance problems. (4) Have Highway Department order replacement culvert and bill owner. (5) Culverts damaged by age or inproper installation ^ will follow the same procedures outlined in the new culvert installation paragraph. B. The Highway Department (1) Conduct periodic inspections of all roadside culverts. (2) Maintenance of roadside shoulders and ditches. (3) Thaw out frozen culverts. (4) Wash out/clean out blocked serviceable culverts. (5) Place gravel, as needed, in areas of water damage caused by a blocked culvert. 3. Maintenance of Culverts Damaged by Highway Personnel A. The owner will report any damage to the Highway Superintendent either verbally or through correspondence. B. The Highway Department will: (1) Repair the existing culvert. (2) Replace any culvert that was damaged by Highway Personnel. All materials and labor will be provided by the Department. 4. Culverts placed by contractors as part of a housing development project will follow the procedures outlined in Paragraph 1. Additionally, the developer will have to check with the Town Zoning/Building Inspector for Street Opening Permit requirements. 5. Exceptions A. In situations vdiere all culverts along a road or street Tcfwn Boaind 8 April 11, 1988 need to be replaced due to an upgrade of the existing drainage facilities, the Highway Superintendent will provide the Town Board with a cost estimate, and the Town Board will make the final determination on ^o will provide the materials and the installation. B. Ccsrmitments made by the Highway Department prior to the release of this policy will be honored. C. Culverts inadequate due to development of an area; (1) The Highway Department will inspect the culvert for - serviceability and repair. (2) The Highway Superintendent will check with the Town Engineer. (3) If it is determined that the problem is due to added runoff due to development then: (a) The property owner will buy the pipe. (b) The Highway Department will: (1) Remove the old pipe. (2) Provide the fill materials. (3) Install the pipe and add head walls as needed or arrange for the developer to do the work. 6. Any questions on this policy should be directed to the Town Highway Superintendent. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). SELECTION OF ENGINEER FOR I/I STUDY RESOLUTION NO. 103 ____________ Motion by Councilman Bordoni; seconded by Councilman McPeak, WEiEREAS, six (6) proposals were received by the Town of Ithaca for conducting an Infiltration/Inflow study of the sanitary sewers in the Northeast area of the Town bounded by the Village of Lansing, the Town of Dryden, the Village of Cayuga Heights, and the imsewered area south of Hanshaw Road, and WHEREAS, the cost quotations for acccmplishing the outlined work ranged frcxn $4,845 to $38,500 with the lower range quotations generally encompassing only certain initial phases of the work involved, and WHEREAS, it cannot be known with certainty the extent of ccraplete investigation of sanitary sewers necessary until completion of initial investigations and flow monitoring phases, and WHEREAS, after thorough review of all the proposals received, the initial investigation program proposed by Pickard and Anderson Engineers of Auburn, New York, is believed will accomplish the most useful results for the Town at the most reasonable of the costs proposed in the amount of $10,210 (upset amount), and can accomplish the work within the time specified by the Town, and WHEREAS, this cost amount can be further reduced by limited participation of Town employees in the study (periodic monitoring of flow measuring instruments, etc.) to an amount of $3,000 if the Town purchases a flow meter for $1,820 and assumes responsibility for its operation, making Pickard and Anderson's cost quotation then not to exceed $7,210, Town Bocird 9 ^ril 11, 1988 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca accepts the proposal of Pickard and Anderson Engineers in the initial phase amount of not to exceed $7,210, and that the Town of Ithaca Town Board agrees that a flowmeter be purchased by the Town for approximately $1,820, and further agrees that the Town will be responsible for its use in the Infiltration/Inflow study under the tentis outlined by Pickard and Anderson, with the Town continuing to own the flowmeter upon ccnpletion of the study for use the Town in future sewer investigations. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). replacement of HIGHWAy DEPARTMENT TRUCK #1 The Highway Superintendent showed pictures of the truck to be replaced. He then went on to say that to give the Board seme background, we have two Brockways. One is a 1970 and one is a 1972. In the past, five years on #2 we spent $22,000 on repair parts and on #1 we spent $19,900 on repair parts. Those trucks, for v^t they are worth, to keep them running and running safely we are going to have to continue spending even more money. We have ccrapleted service on #1, there are cracks in the structural members of the vehicle as well as on the dump box itself. There are several places v^ere the "I" beams have rusted right through. To make that vehicle safe, over a longer period you are looking at several thousand dollars, at least five to ten thousand dollars for a new box. Even if you spend the money on the box the frame on several areas \^ere we could not get a good picture is cracked. He went on to say that he saw the need for replacing one and possibly both trucks by buying one this year and place the second oirder this year but have it delivered in the early part of next year using next years funds. Supervisor Desch asked the Hi^way Superintendent if he would ccme back with the specifications. The Highway Superintendent replied yes, this is a fore warning. Councilman Cardman asked if there was money in the budget for replacement of a truck this year? Supervisor Desch replied, yes. The Highway Superintendent remarked, this truck was supposed to have been replaced in 1985 and Truck #2 in 1988. There are three items listed on this years replacenent. Truck #2, the 1973 Brockway, the custom Dodge pickup and the 4-6 ton roller. COMMONLAND ACCESS ROAD Supervisor Desch asked the Town Engineer to bring the Board up to date on the talks he had held with Mrs. Clausen. Town Engineer Flumerfelt replied that he saw Mrs. Clausen a few weeks ago and she indicated at that time that a relative might want to add on to the shop or garage building that is on the other side of this Alternate "A" access road. He went on to say that he got the feeling at that time that she would be quite happy with the access road in that location and be able to use it as an access to that building. He stated that he had tried to assure her that we would ronnove as little vegetation as possible and not do any heavy ditching along the sides of this road and try to restore it so that Tcfwn Board 10 April 11, 1988 it would look at natural as possible and seem more like a residential driveway. Supe^isor Desch asked if fron a grade standpoint does it seean feasible without difficulty? Town Engineer Flumerfelt replied, yes. The grade would be about 9 to 10%. The grade for Alternate "B" was quite steep, especially near the bottcm \diere we have to maintain a certain cover over that existing sewer main. So if the sewer main were not relocated the grade at the bottcm would be scmething like 20%. Si;5)ervisor Desch noted that in the Planning Board resolution there are ten conditions vMch he stated the Board needed to judge as to v^ether they are acceptable or not in terms of v^at the Board might wish to do. He went on to say that the Town Planner noted today that this alignment will line up opposite the access to the park, the Grandview Park. Councilman Bordoni remarked, didn't we also have a concern about the signage so that we could guarantee to seme degree that it would only be used for onergency access only? We had seme concerns about how we were going to control scmething like that so that everyone does not use it as a short cut to get into the site. Councilwcman Raffensperger remarked, we discussed this last time. She stated that she would like to make a couple of suggestions as to vdiat could be incorporated with the Planning Board resolution. That it be posted for one-way onnergency vehicles only at the top and for one-way do not enter at the bottcm. She stated that she understood the Planning Board discussed this. Also, she would like it to iDe clear that it is the intent of the Town Board that this right of way be used as a tenporary one-way emergency access only and that it is not the intention of the Town Board that this emergency access beccme parb of the permanent road system in providing access to Ccnmonlands or other developed or undeveloped land in the area. Councilman Cardman, speaking to Councilwcman Raffensperger asked, if we do that vdiat does that mean. Does it mean that if there is more land to be developed in that area we force ourselves into another road? Councilwcman Raffensperger responded, we look elsev^ere. As the Town Attorney pointed out it is only 20' wide at seme points. She went on to say that at any rate, in the past as you noticed the Planning Board rescinded the approval of another alignment and there has been a lot of confusion about this in the past and she just wanted to be very clear v^at we are approving. This is not to beccme, seme how or another by neglect the possibility of a primary access to undeveloped land in the area. Supervisor Desch stated that he would be scmewhat reluctant to bind a future Town Board, if it can be shown by the Planning Board that it is in the interest of the Town to have this as an access for future opportunity. He went on to say, however, that he imderstood vdiat Councilwcman Raffensperger was trying to do. He stated that he guessed that perhaps the wording to soften it might be that unless it can be shown that this was the only feasible location for access to the Slateirville Road that it not be shown as a primary access. It doesn't totally foreclose it if it makes sense to consider it at a later time. He noted that actually the deed vmld not be restricted anyway. Town Attorney Barney remarked that you would probably want to amend the Traffic Ordinance to provide that this street will be one-^way. Town Board 11 J^ril 11, 1988 down hill, to make it enforceable. The question is does Mrs. Clausen want this because it would mean that every time she ccmes out she would have to go down hill around the house to be legal. Supervisor Desch remarked that Mrs. Clausen understood this. He went on to say that the only question that could not be answered is vdien is it likely to happen. Councilwcman Raffensperger stated that she still felt comfortable ^ with the statement she had made about the intention of the Town Board vMch was certainly no more binding than any other of our intentions. She then proposed to the Board that they make that statement. The statement being "it is not the intention of the Town Board that this emergency access become part of the permanent road system in providing access to Commonlands or other developed or undeveloped land in the area". Town Attorney Barney noted that it was the intention that it becomes part of the system to the point of being plowed, he assumed. Councilwcman Raffensperger responded that before it says that this right-of-way be used temporary one-way emergency access only. So she assumed that meant the Town was going to maintain it for that purpose. Supervisor Desch replied, right. Town Attorney Barney asked if the word "permanent" could be switched to "primary". He stated that he was troubled with the Towns legal responsibility, it's either a Town highway or its not a Town highway. If it's a Town highway certain responsibilities and rights flow with respect to it. If its not a Town highway they don't. If the Boaixi is accepting it as a Town highway then we accept those rights and responsibilities and he felt some of the concerns could be taken care of by amending the Traffic Ordinance to indicate it is one-way South and also to accept less than the normal size right-of-way and by posting it in the manner by vMch it has been suggested. Councilwcman Raffensperger agreed to change the word "permanent" to "primary". Supearvisor Desch recapped, saying that vtot we have basically done is to incorporate the conditions and requirements of the Planning Board resolution and added two requirements. Coiancilwcman Raffensperger replied, one for signage and this statement of intent. RESOLUTION ND. 104 Motion by Councilwcxnan Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve Alternate "A" as an emergency one-way access road incorporating the following conditions and requirements approved March 1, 1988 by the tmm Planning Board: 1. That the resolution of the Planning Board be reported to the Town Board. 2. That the service road shall be primarily used for ingress by emergency vehicles and vehicles necessary for maintenance of said road, and to ingress by the owner of Parcels No. Town Board 12 ;^ril 11, 1988 6-58-1-20 and 6-59-1-33.3, except as may be subsequently amended by the Town of Ithaca. 3. That the Planning Boaid recognizes the potential value of using this road as a pedestrian and bicycle trail, absent more appropriate trail routes at this time, and would consider a reconmendation of later amendment of this resolution for this potential use unless more appropriate routes are found. 4. That the service road be located in such a manner, as to be determined by the Town Engineer, as to minimize iirpact on the adjacent residence to the West. 5. That the final design for such road, showing as-built locations of all utilities, proposed road grading and alignment, proposed signage, proposed landscaping, and proposed drainage improvements be subject to final approval by the Town Engineer and Town Planner, and that the final road entrance design be subject to the approval of the New York State Department of Transportation. 6. That the service road shall be ccsrpleted prior to May 31, 1988, and that the developer shall place in escrow any funds determined by the Town Engineer to be necessary for 2x>ad construction, for release by the Town Board upon acceptance of the completed service road. 7. That the developer work with the Town Planner and Town Engineer to minimize any impact upon the adjacent properties, to minimize the restoration of grounds adjoining the service road, and minimize removal of existing vegetation. 8. That the Town Board accept the location of the road. 9. That the developer provide the usual abstract of proposed deed and convey the road by good and marketable title to the Town, subject to the approval of the Town Attorney. AND FURTHER BE IT RESOLVED, that the statement "it is not the intention of the Town Board that this emergency access become part of the primary road system in providing access to Ccmmonlands or other developed or undeveloped land in the area" and proper signage be included. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). PURCHASE OF HEAVY RESCUE VEHICLE FOR CITY OF ITHACA FIRE DEPARTMENT Supervisor Desch welccmed Sean Killeen, David Cornelius and Fire Chief Edward Olmstead. He then noted that the Town had a request frcm the City of Ithaca to consider a number of topics, primarily the authorization to move forward with the purchase of a heavy rescue vehicle and subsequently two pumpers. Fire Chief Edward Olmstead responded that it was actually a light rescue vehicle, a heavy rescue vehicle and then two punpers. He went on to say that his ccming here was planned for one specific item and then at the regular meeting of the Ci-t^'s Budget Ccmmittee they tabled action on some items because it requires joint discussions between Ccamnon Council and the Town Board. He went on to say that the Fire Department is pretty much staffed and equipped based on the way things were back in the 1960 to 1970 time period. In truth, in terms of career personnel, even though we have two more bodies than we had in 1967 we have scxnev^ere between 20 and Town Board 13 ^ril 11, 1988 25% fewer nan-hours available. The biggest thing that drives that is a State nandated reduction in the wcrk we^ for fire fighters to 40 hours per week and there never was a increase in the people to nake up the difference. The second factor in that is negotiated benefits. The response to business is sonev^diere between 7 and 10 times vdiat it was in that time period and the third factor is the gradual steady decline in the average response of volunteer fire fighters. For a long period of time we have been trying to deal with all the technical things we could deal with in terras of equipment and apparatus and all those things you can do to substitute things for labor. This was a thread of discussion all through the Fire Master Planning and subsequently the discussions between the Town Board and Coanmon Council for the fire protection contract. Chief Olmstead stated that what he was here to talk about first was strictly fire apparatus bids. We are in the beginning stages of a fire apparatus replacement program that provides for the replacement of a major piece of fire equipment every other year. We operate six engines and two ladder trucks. As part of the discussion in the Fire Master Planning contract the 15 year replacement cycle was worded in the contract for replacement. In 1985 we were inspected by the Insurance Service Offices. They set the fire protection base rate for fire insurance in both the City and Town of Ithaca. The result of that study was their statement that they were going to rate us from a Class 4 down to a Class 5. We have been working with than and we believe have a handle on softening that. One of the major problems that that study sited was the condition of the apparatus, the way it is used in relation to the number of people. We are dealing with a lot of things here and vhen, he stated, he was appointed Chief five of seven engines would not pass a required annual punp test. Both air ladders had major structural problems. There are two things going on, right ^ now we are out to bid for body renovations to engine #9 v^ch is a 1976 punper. Then we are going out to bid on a ladder truck. The Fire Chief went on to say that the first replacement would be for a siaburban that was purchased in 1972, a light rescue vehicle. The bids were open last week and are just short of $100,000. We are presently working on specifications to replace two engines vhich should have been replaced in 1983 and 1986, so we are playing seme catch up. We hope to bid in 60 to 90 days and the receipt of those will be about one year from date of award of bid. Last is the replacement of engine #1 vMch is a 1981 vehicle. If you take all of these things in the next 18 to 24 months, it's about $800,000 to $1,000,000 in capital apparatus purchases and repairs. The contact has seme language in it that calls for the Town to pay 27% of capital purchases and repairs to equipment that exceed $25,000. That percentage is based on the actual money that is expended during the term of the contact. The final part of the contract is that expenditures in any year for new equipment items costing over $25,000 shall not exceed $200,000 absent mutual agreonent. Nothing we are doing at the present time in terras of requests requires the mutual consent of the Town Board and the City. We probably won't spend over $200,000 this year, however, he felt the spirit of the agreement was such that if we take a look at vtot we are talking about in terras of miniraura costs over the next 18 to 24 months, we really feel we need to go at this thing together so that nobody feels they are getting blind sided six months from now vdien it might be necessary for me to come back and say oh by the way we need some more money. Supervisor Desch asked if financing had been discussed yet, at this point? Town Board 14 April 11, 1988 Sean Killeen replied that that was vdiy he was here. He went on to say that he was here in two capacities, Chairman of the Fire Master Planning Canmittee which has now become the New Fire Stations Committee and also a member of the City's Finance Comnittee. We received a proposal vhich Chief Olmstead has worked very hard in bringing this to the City's Finance Ccamdttee attention for many many months. The upshot of it was he was looking for 17 new positions and three or four vehicles and we were looking at a good million dollars. He felt it would be appropriate for the Town Board to be alerted to this. He was not sure how or when the City would be funding these positions and buying these vehicles. The commitment is there to do it. It doesn't make any sense to do all this work, create a new organization and new facilities and not have them maxiraumly effective. We are in the process of deliberating this, we tabled specific consideration and discussion so that the Town Board would be specifically aware of these discussions and possibly we can organize some kind of a intergroup, working group. He then invited the Board members to the Budget Ccramittee meeting on the 28th of ^ril vhere they will take up the Fire Chief's proposals in greater detail. There is a ccmmitment in principal but specifically it' s something that has to be collectively agreed upon because we cannot unilaterally make the decision because it is a cost iitposed upon the Town. Mr. Killeen went on to say that Bob Rcmanowski was to be here tonight but could not make it, however, he would like to repeat Bob's concern. That is that there is a move among the volimteers to fill these new positions is really a professionalization of paid volunteers within the ranks and its kind of an easing out of volunteers. We like you but not that much, this is what he was going to say this evening as a comment he has been hearing. We have to renew our efforts to make this untrue. Supervisor Desch remarked that there seemed to be two issues, one is in the case of equipment vhat the most sensible financial plan is. He felt that the Mayor, himself, the B&A Ccxnmittee Chairman and Dominic Cafferillo should try to develop a plan that all could agree upon and then bring it back to our respective boards. Chief Olmstead noted a vehicle replacement schedule attached to the memo and that vhen you hit 1991 you are looking at replacement of ladder trucks v^ich at that time will be somev^ere in the vicinity of a million dollars just for two trucks. Is bonding the best or putting money in the bank best? The City always puts some money in the bank then purchased out of a capital reserve fund. Supervisor Desch went on to say that on the second question, it would seem as though may be a joint meeting between the B&A Committee and this Board on the staffing should be held. He felt this was the toughest question to resolve. The Supervisor asked if the B&A Committee would be discussing staffing on the 28th? Sean Killeen replied yes, also vehicles, these are not disconnected items. Councilwoman Raffensperger remarked, this is a new system and a new contract and she was not clear atxDut the structure. She asked vdiere the Fire Conmissioners fit into this decision making or recoranendation kind of process. Chief Olmstead replied, the Charter of the City of Ithaca give the Board of Fire Commissioners conplete control over the apparatus and equipment in terms of acquisition, distribution, location and starting of companies. So that all of this material originates in the Fire Department with the Board of Fire Commissioners and all the equipment items, for instance, are resolutions of the Board of Town Board 15 i^ril 11, 1988 Fire Catimissioners, that's the start. The only thing that we need to deal with in terms of the Ccmnon Council and now the Town Board is the money. The appropriation, the same is true of the Fire Department budget. Once tliat money is appropriated by Council it's pretty much the last time we see thon until the next budget season. The apparatus requests came out of a meeting two months ago with the Fire Ccmmissioners the personnel requests were also brought back to the Board because it was about a year old. These are unanimous reccnimendations of the Board of Fire Commissioners. Councilman Cardman asked, the contract you are referring to is our obligation then to contribute to the request? Supervisor Desch replied, depending upon the amount. Our obligation is to pay, depending on vhich year it is, a certain percentage of the acquisition costs of that equipment. The major equipment is a flat 27%. On the other hand, we do have an interest in how the replacenent program is set up because we really should do the first phase right so we know that we can handle the other later phases because we can't walk away from them. Councilman Cardman renarked, so it's an issue of the mechanics of how it is going to be handled, upon the recommendation of the Fire Ccnmissioners ? Supervisor Desch replied, right. It's a matter of how you spread the cost to deal with vhat is required. The equipment is not so much a scope question as a timing and financing question. Councilman Cardman asked vhat the contract says about staffing. Supervisor Desch replied, that is frozen at the current level. That is contractually a different matter than the equipment. TAX STABILIZATION ADJUSTiyENT FOR ELLIS HOLLOW ELDERLY HOUSING PROJECT Supervisor Desch noted that the Board had two memoranda. One is the March 30th memo vhich tried to layout the various parameters of the resolution of agreonent and then one dated today vhich is a supplement vhich follows on with a discussion vhich Councilwcman Raffensperger and he had with regard to seme possible alternatives. Councilwcman Raffensperger speaking to the Town Attorney noted that the resolution says that they are not exeirpt from the payment of any and all assessment for local improvements including assessments for all iirprovements and approvement districts as defined in Town Law and it gives references. Is the fire charge a tax or a benefit levy, as defined in Town Law? Town Attorney Barney stated that he would have to look it up but he thought it was a benefit levy. We have a fire protection district which is a town-wide district vhich contracts for fire protection with the City and the Village of Cayuga Heights and he felt it was done through a fire protection district and that suggests that it would be a levy on assessed valuation. However, he had not researched that question. Supervisor Desch remarked that the problem was that it falls scmevhere in between. It's in a gray area vhere there are seme restrictions on vhat a Town Board is authorized to do with fire protection money that makes it sound like a benefit district and yet there is no authority to borrow for improvements within fire protection districts so, therefore, it's sanevhat like any other part of the operating budget. 901 Town Board 16 i^ril 11, 1988 Coxmcilwoman Raffensperger stated that she had tried to figure it out herself. She stated that it did occur to her that the tax exCTipt institutions in the Town of Ithaca do not pay fire tax although they pay water and sewer benefit. This leads you to think there is a substantial difference from the other tax stabilized as opposed to an exenpt facility does not pay fire tax either although they pay sewer benefit. It is a legal question she felt as to v^ether of not it was a tax because clearly the resolution and the agreenient vdiich references the resolution says they will not pay i taxes outside of the in lieu of payment but they will pay benefit assessment outside of it. So it is a very important question in our looking at this. Town Attorney Barney replied, in looking at it fron what little bit he knew was the history. They have infact paid the fire protection charge right along in addition to the $20,000 in lieu of taxes. That's been the case since the beginning. They didn't bother to inform us, in accordance with the resolution and agreement, that they had exceeded the 13% rent roll, that that exceeded $20,000, so now they are caught in a position vdiere they have not really been totally fair with us as we would have no way of knowing v^at those rent rolls are short of their producing them for us to see. Because that now cotes back to haimt them they want seme abatement. If the Board chooses to abate this, that's fine, but in terms of abating the fire protection you are tanpering with vhat the past history has been here and vdiat everybody had understood even though maybe the agreonent was not as explicit as it should have been. Councilwonan Raffensperger noted that there are lots of problems in terms of vhat we have done with the agreement. For example, it says they are supposed to pay taxes on the basic land value that was existent before the inprovanents on it vdiich was never done. There was also no requirement for notification of the Town of their total gross rents. Town Attorney Barney remarked, even more significant, the v^ole thing was supposed to have been approved by the County. As far as he knew that never occurred. Councilwcman Raffensperger added, the agreement actually says that the County has not given a tax abatement. Town Attorney Barney noted that the resolution by v^ich that agreement was authorized says it' s conditional on the County signing. County Representative Beverly Livesay remarked that it went to the County and the County turned them down. Councilwcman Raffensperger noted that really there were two proposals and the basic difference between them is the treatment of the fire tax, that is really the difference and vdiat it really amounts to is a difference $3,928 as a charge on the in lieu of sum. Supervisor Desch's proposal in his mono of ^ril 11th would mean they would pay a total of $43,208. The proposal that she came up with was $39,280. $39,280 would be a 7% increase over last year and $43,208 is a 18.5% increase. Councilwcman Leary asked Councilwcman Raffensperger if her figure assumed that the fire benefit assessment is an assessment or does it assume it is a tax? Councilwcman Raffensperger replied, it assumes that it is a tax and therefore it shares in the in lieu tax sum of $20,000. Which would mean that the Town would receive $825 for fire tax as opposed to the total amount of $5,753. Town Board 17 ^ril 11, 1988 Councilvonan Leary asked, if it wasn't a tax and it was a benefit assessment, v^t would that mean? Supervisor Desch replied, they would pay the full amount. Councilwoman Raffensperger added, it it is a benefit assessment they pay the whole thing vhich would be $5,753. Councilwanan Leary remarked, so you are guessing it's a tax? CouncilwoiBn Raffensperger replied that she was making the assumption, treating it as a tax. Supervisor Desch added, which it is hasn't been for the past twenty-five years. Councilwcman Raffensperger stated that it was a legal question that certainly was going to be addressed by the owners of facility. Supervisor Desch asked if the Board would prefer to hold off making a decision until that was addressed? Councilman Cardman remarked that his question was going to be, either stance that we take, vhat does that mean for the future? Supervisor Desch replied that the future was a totally separate discussion in terms of amending the agreement to do any number of things v^ether it be changing the percent of shelter rents that the determination is based on or leaving it $20,000 or making scmething else exenpt. Councilman Carx3man remarked, this is a one time fix? Sipervisor Desch replied right, the manager of the project has been urged to apply to the County for an exenption for the year 1990 because the County has recently granted exenptions to other projects. County Representative Livesay stated that because of the way the tax was done, with the County tax being off set by the sales tax they apparently were not charged their County tax but allowed that sales tax to offset it. It's like they have had a County tax abatement all the time. It never should have been treated this way on that property. Councilwcman Raffensperger remarked that on the other hand the agreement says things like vdiat they paid in County taxes was supposed to be subtracted frcm the in lieu of payment, vMch we have not done. Councilman Cardman asked if the Town Supervisor felt that at sane point this might be litigated no matter v^at we do? Supervisor Desch replied, and Town Attorney Barney agreed that they did not feel the project did not want to go into litigation. The Supervisor stated that vdiat he meant was that if we don't handle this consistently, there could be seme exposure. Town Attorney Barney ronnarked, vtot has happened over a period of 25 years, $20,000 has been paid plus the fire tax, up vintil this year plus the water and sewer. Out of that $20,000, occasionally the County was paid v^en there was a County Tax, the Town was paid the part it was entitled to and the balance was sent to the School District. The amount paid to the School was never close to the amount they would have paid had they been paying full taxes. The shifting of the sales taxes this year brought this into blosscm. 08T n Town Board 23 i^ril 11, 1988 using the abandoned railroad right-of-way. She asked v^at this means. Town Planner Beeners replied that there were two possibilities as far as connections, one would be the Juniper Drive and it would be possible for a road to be built bet\««en Juniper and the Pennsylvania extension. Councilwcman Raffensperger asked, on the NYSEG right-of-way? Town Planner Beeners replied, on the NYSEG right-of-way. Councilwcman Raffensperger replied, and again we don't have that confirmed? Town Planner Beeners replied, we have made that a condition. Councilwcman Raffensperger asked what does it connect to? Town Planner Beeners replied, by bringing it to the point just opposite Pennsylvania extension, v^ere Town maintenance currently ends, there is the possibility for the Town to take over the Pennsylvania extension so that there would be a catplete connection between Juniper and Pennsylvania Avenue v^ich is needed. Councilman Cardman asked how would you get access to the parcel of land between the railroad right-of-way and Coddington Road? Town Planner Beeners replied, a couple of ways. It would be possible to subdivide two lots, off of the Coddington Road eliminating any type of a road connection. Councilman Bordoni remarked, any type of road connection, with ^ development relative to Coddington Road? i Town Planner Beeners replied, if one were to make the decision that Juniper Drive is sufficient to meet the main connector road needs that are needed in this area, in long range planning, and that a Spruce Way new intersection opposite Spruce Way would be redundant then v^t could be looked at as a road circulation pattern would minimize the iitpact that the neighbors have expressed about another road in the back yard kind of thing would be to have two lots subdivided off the front, then either run a cul-de-sac road up into the parcel frcm the NYSEG right-of-way and the grade for that would work quite well or a scheme that would not be too practical and that is one that could have an open space parcel within the center behind the two lots of Coddington Road and then lots could be accessed off of that. She went on to say that the problon with that is that there is a very steep bank and it would require probably having to blast separate driveway entrances. Councilman Bordoni remarked, we keep talking about connecting up to Juniper Drive and that his first reaction is that he does not like it because it takes it takes an awful lot of traffic and puts it up and down that street. The lesser of the two evils seems to be to have the new road built as shown and not have a connection to Juniper Drive at all. He asked vdiat was wrong with that train of thought? r Town Planner Beeners replied, one thing would be that there would be a cul-de-sac, at this time, that would exceed 1,000 feet and would not meet the sijbdivision requirements. She felt that as far as she was concerned, we have a railroad bed that has been graded, exists and in a case like this it might be a good idea to use it for limited road irrprovonents, vhether it be just to Juniper or be a connection to Pennsylvania. 06X Town Board 24 i^ril 11, 1988 Councilman Cardman romarked, with Councilman Bordoni's concern about additional traffic on Juniper Drive, couldn't the road come down, turn left and then go back up toward Pennsylvania and not effect Juniper Drive at all? Town Planner Beeners replied if that were done,the grade would be 10 1/2 to 11% and the earth work and grading that would be involved having a fairly steep embankment in front on one of the houses. Councilman Cardman replied no, you misunderstood me, go all the way down to the railroad bed, now ccme back up it. Town Planner Beeners replied, possible. Councilman Cardman remarked as opposed to going to Juniper Drive and putting traffic on it. Supervisor Desch added, you still want to shove that traffic away frcxn Juniper if you can. The more you do it the steeper it gets but you can do it to a certain degree. Councilwoman Raffensperger noted the reservation at the North end for a future connection to Pennsylvania Avenue. She asked if that reservation by this developer would not go all the way through to Pennsylvania Avenue? Supervisor Desch replied, no. Councilvranan Raffensperger asked vdiat was the status of the rest of the land? Town Planner Beeners replied that the parcel is in the same ownership as it has been for many years. The former Baker parcel, has changed hands within the last few months. Councilman Bordoni noting the Pennsylvania Avenue extension, or dotted line, asked if that was Town property? Supervisor Desch replied that it was owned by a number of property owners. Councilwoman Raffensperger stated that in her opinion there are an awful lot of maybe's, vdiether or not roads can go in certain places, v^ether NYSEG will permit a road, vdiether Juniper has the kind of configuration to make a main connector road, she stated that in her opinion the proposal ought to go back to the Planning Board with a notation of our concerns about the uncertainty of the overall circulation pattern because once you put a road in there, anyvdiere we have already made sane assunptions about \tot the remainder of the pattern will be and we don't even know if it's possible. Councilman Cardman remarked that he kind of agreed with Councilwoman Raffensperger. The uncertainty of access to Pennsylvania Avenue through those other parcels. Supervisor Desch remarked that the Board should give the Planning Board seme guidance otherwise they are likely to cone back with something that would be equally unacceptable. Councilman Cardman replied that his guidance would be to use the railroad bed and go back toward the Pennsylvania Avenue extension. We have an established extension that may not belong to us but we are maintaining it now and it still leaves the alternative to go down and connect up with Juniper Drive. It does not put any r,6T Town Board 25 April 11, 1988 pressure on us for that cul-de-sac to go through those other two properties that we have no idea vdiat is going to happen. Coxincilman Bordoni replied, if you do that if we take advantage of the railroad bed and take a left to Pennsylvania extension, then you bring your road into the development up towards Spruce Way. He asked v^y the road had to ccme near Juniper Drive? Councilman Cardman replied, we don't have to. That relieves the problem but it still reserves the right to do that. Councilwcman Raffensperger remarked that one of the few parts she liked in the resolution was an instruction that says to the extent that at all possible, that all lots should meet the requirements of the Zoning Ordinance. She stated that she felt this was kind of a minimum instruction to the Planning Board. Town Engineer Flumerfelt stated that the main concerns are that we end up with a road way that is not another overly long cul-de-sac, that if it intersects with Coddington Road that the intersection be a safe one, that strong consideration be given to more extensive traffic on Juniper Drive as it effects those residents. Also, keeping in mind the present grade of Juniper Drive and its ability to carry more traffic, especially in the winter time. Vie need to consider the grades of any new streets that are being considered. The think that is needed most is a clear and well planned proposal by the developer that meets the objectives that are proposed in this resolution. Supervisor Desch asked Councilwcman Raffensperger if it wasn't a normal part of the process of the Planning Board to require the developer to pin down any of the conditions betv^^en the process between preliminary approval and final approval? By giving options does not mean that all of the options will ccme back as viable j ones. Whatever we send back we should send back vtotever options I we consider to be potentially viable rather than trying to force it in one direction or the other. Councilwcman Raffensperger stated that her major concern is that she did not consider the road plan for Klondike Manor to be acceptable at this time because there are so many uncertainties as to how it will effect the road circulation in area immediately outside of Klondike Manor and that the Planning Board has not given us the information or the developer or v^oever's responsibility it is. Supervisor Desch asked Councilwcman Raffensperger if she felt it was more of an environmental question? Are you taking about traffic data? Councilwcman Raffensperger replied no, there are ownership questions, availability of land, \^ether or not the circulation plan can ever ccme about. Once ws put one road in then we have made seme kind of a statement about the peripheral too, and she that felt the Town Board did not have the information, nor has the Planning Board given the Town Board the information to be able to do this. Supervisor Desch asked the Board vtet action they would like to take on the Klondike Project? Councilman Bartholf stated that he had a question on the Highway Master Plan. Councilman Bartholf asked if the Board was the follow the Master Plan or not? What are we supposed to be doing? Town Board 26 April 11, 1988 Supervisor Desch replied, ncminally yes. He went on to say that the access to the Sincebaugh parcel is related to this v^ole subject. So obviously vdiat we do here should be consistent and corpatible with v^at is likely to happen with that particular parcel. That's a consideration we should keep in mind. Councilman Cardman remarked, that amplifies Councilwcman Raffensperger' s concern, that vfetever we do here is going to effect the periphery. Supervisor Desch replied, except the Planning Board took that into account. The reason you have all of these maps is because you have all the alternatives that the Planning Board looked at plus seme others. Town Planner Beeners added, v^t the northward extension seems to present, at the time the Planning Board was to review, was a connection to Pennsylvania Avenue. The Planning Boaid being aware that there is one landowner v^o has a two family hcme at the end of the paper Pennsylvania Avenue, a swiimiing pool that is close to the road and that gentleman owns property on the opposite side of the road too. In her researching the files, it appears that at one time it was considered that might not be desirable or possible to have that Pennsylvania extension pursuant to the Highway Master Plan all the way through because of that. She stated that she felt this was chiefly because of that land ownership and the swinming pool. So v^en this proposal for having a northward extension or possibly going to the east, came up, it a^^ared there might be an opportunity to solve that circulation problem in that area. Councilwcman Raf fensperger remarked, then vdiat she would like to have from the Planning Board is a recommendation on how they are proposing that the Highway Master Plan be changed, be altered, so as to acccmnodate v^tever the road system for Klondike Manor will " be. We don't have a reccnmendation that says that circulation will be provided from an existing street or that there will be a northward extension or that any of these connections will be made. She stated that it seemed appropriate to her to have this recommendation proceeding the approval of the Klondike Manor road. Town Attorney Barney, speaking to Councilwcman Raf fensperger stated that we don't generally require that of any developer. Councilwcman Raffensperger replied that she was not asking the developer to do that she was asking the Planning Board. Town Attorney Barney replied that he was concerned a little bit here, he did not want to face the situation vdiere the Town is exposed to a law suit because we are discriminating in a fashion against one developer in a way we have chosen not to discriminate against others. He stated that he felt the entire issue may be moot over the NYSEG easement and he felt v^tever the Board did he would like to see the Board make the action conditional on demonstration in writing frcm NYSEG or the owner, and he assumed NYSEG was the owner of the property, that they will indeed grant for all Town highway purposes to the Town of Ithaca. He felt that once that condition is put in, that things will have to ccme to a grinding halt because he felt NYSEG would not give that easement. He stated that he had some information that led him to that conclusion. They may but he felt before any Board spends a great deal more time on this he would like to see that in writing. Councilman Carx3man asked, v^y don't we just direct that? Why don't we just direct that question to NYSEG? r Town Board 27 ^ril 11, 1988 Supervisor Desch remarked v^at you have really touched on is really an issue that goes well beyond this particular proposal. It goes beyond the road issue of the road network in the entire airea. No matter \tet scheme you ccxne up with, in keeping with \diat Councilworaan Raffensperger and Councilman Bartholf are suggesting unless you have taken a real hard look at the entire road network there are you really going be able to satisfy yourself that you have answered your own question. He stated that he felt that if the issues we are hearing frcm the public and members of Board ^ suggest to him that may be vhat we need here is like a six month moratorium on building imtil we know vhat we want in the way of a road network. It may turn out that we don't satisfy the folks in the end but at least potentially we would have the facts before us ^-#1^ that we would be able to say okay you have to give a little on this one and so on. Town Attorney Barney stated that he did not like the word moratorium, just simply because he felt there was a question of legality of forcing that. Supervisor Desch replied, but we need and "x" period of time in order to do the land use study. He stated that he was thinking now of the area between Coddington Road and the edge of the properties by Northview. There is a provision to do that, you can call it scmething besides moratorium. He asked the Board how they felt about that? Councilman Cardman replied that he felt that would be an excellent idea. Councilwoman Raffensperger agreed that she would be comfortable with this also. Supervisor Desch ronarked that there were several issues no only integrated into this small development but you can take those and translate them into three or four times the number of issues if you talk with different people in that area he was sure they could make as good a case as the folks vho are here tonight. Coimcilman Cardman asked the Town Attorney if that would make him comfortable from the developers standpoint? Supervisor Desch asked vhat would be too long in terms, three months? We owe it to the developer as well as these people to have a finite time frame so that we are moving along a track. Attorney Barney stated that he did not know what was achievable or \^ether it can be done in three months. Town Planner Beeners asked if this wasn't partly what .Mr. Flumerfelt said, a request for more information frcxn the applicants engineer for the irtpact or influence of the proposed road system or development into the larger area? Supervisor Desch replied right, except he felt the Board could not look to the developer to provide the answer. Town Attorney Barney agreed, saying that once you go outside of his area that's not his problem He went on to say the he wondered if it couldn't be handled this way. He stated that he liked the Town Planner's approach in asking the developer for more information and he did not think it was unreasonable to request absolute assurance that vdiatever is done with the roadway across the NYSEG easement can be done. He suggested that the Board adjourn the matter, for the time being, until that is provided. That is clearly an obligation of the developer to provide. Concurrently we can go ahead with our own land use study of the entire surrounding area. 86T Town Board 18 ^ril 11, 1988 Now all of a sudden there is a large County tax bill vhich these people are going to have to face that they have never had to face before and this is vhat has brought this forth. During that period, the original agreement was that they would pay either $20,000 or they would pay 13% of their rent rolls. Initially 13% of their rent rolls was considerably less then $20,000, now 13% is considerably more than the $20,000 and has been for a nimiber of years and they have been getting away with paying just the $20,000. The benefit, up until this year, has been a windfall for thorn. I Councilman Cardman speaking to the Supervisor remarked, your concern is that if we modify the agreement because of the situation with the sales tax now caning to the Town instead of the County and ^4^ everybody elses taxes going up that we would be treating other people imfairly. Supervisor E)esch replied, right. He stated that he was concerned about the fact that we have an existing agreement v^ch has been, right or wrong, consistently followed throughout it's history. He stated that he would prefer not to tamper with that agreement for 1988 to do vdiatever needs to be done to it to improve it for 1989. That's coupled two ways and that is why he listed two points here, the second one being there was a subsidy to the Coimty tax rate v^ch came from taxpayers fund balance being accumulate over the years vdiich in actuality suppressed the County rate, even for 1988, vAiich was not contributed to in any major way by this project. That is another reason vdiy they are already getting a benefit even with that 18% increase. Everybody else saw scmething like a 30% increase so the 18% is scme\diere in between. Councilwoman Raffensperger stated that she guessed she would just make one last point and that is that it is clear that the intent and it says so in the resolution was to stabilize the taxes. That ^ the only way in v^ch the taxes can be paid is for the group that owns this facility to apply to HUD to increase the rents and this is a low income elderly facility and she was concerned, not that they get gradual increases she felt that was appropriate, but vdiat she was concerned about was because of the change in the sales tax allocation and etc., that we getting a very large junp in one year vdiich they have a lag to recover from HUD and it's going to come from rents. Councilman Cardman replied, but the Town Attorney makes the point that they have been getting a windfall in past year anyway because 13% of their rent receipts is now greater than the $20,000. Comcilwoman Raffensperger replied, you can say that but its the Town \iho gave it to them, v^ether they took it or we gave it to then, that's the real question. We had a responsibility to sent them a bill based on their gross rents. Councilman Cardman and TOwn Attorney Barney both asked, how would we know the gross rents? Councilman McPeak speaking to the Town Attorney asked, assuming the worst case, v^at kind of a rent increase would we be talking about? Town Attorney Barney replied that he would have to refer the ** question to the Siapervisor, he only knew there were 100 units. Supervisor Desch replied that the immediate question before the project is the question that the mortgage holder wants to increase the escrow account to cover the $20,000 in lieu of in addition the County tax that has been paid. They put the project under a certain amount of pressure but that he had talked to the mortgage holder and assured them that it was unlikely we would be charging a Town Board 19 i^ril 11, 1988 penalty. They were concerned about a penalty on the tax and the tax being a lien, so he stated that he had convinced them that we were working on it and trying to find a mutually acceptable solution to their problem and we would be back to them. The Board decided to study the problem further before taking action. WATER SYSTEM MADTONANCE PROGRAM Introduction The Town of Ithaca is ultimately responsible for the operation and maintenance of the Town water syston. The Southern Cayuga Lake Interraunicipal Water Ccanmission performs or arranges for the repair of the Town system including operation of pump stations, reservoirs, hydrants, valves and mains. The Ccnmission, on behalf of the members including the Town of Ithaca, participate with the City and Cornell in an emergency operating procedure to assure delivery of water from any combination of the three major sources. Statement of Purpose and Need There is a need to assiare that Town of Ithaca interests are served by actions taken by others in the operation and maintenance of the Town water system. The Town Engineering Department is responsible for the monitoring of such services. A Maintenance Management Program will also provide planning data necessary for system irrprovements and extension. ^ Scope A system of operational reports shall be developed in conjunction with the Ccramission monitoring/maintenance program to establish a profile of system capability and reliability. Trouble Reports A Trouble Report will be completed by the Town Engineering Department on every water main break, mechanical failure, in the Tdwn system. Such reports will result in work orders for repairs, clean up, etc. The Trouble Report will identify the probable cause of the break, contributing factors and recommendations on ways to prevent recurrence. ^fonitoring Reports The Engineering Department will continually monitor operating costs of each punp station and PRV including the plotting of electrical consumption and cost of each system component. As Built Drawings Once annually the Town will provide copies of as built drawing of the water system to the Commission of all inprovements performed in the previous year. Siabmittal will include valve ties, curb stop, service and hydrant locations, etc. RESGLUTIOg NO. 105 ^8T Town Board 20 i^ril 11, 1988 Motion by Coimcilvranan Raffensperger; seconded by Coimcilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Town Water System Maintenance Management Program. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). STATE RETIREMENT PLAN FOR TIER I AND TIER II Si:5)ervisor Desch stated that basically this is evolved out of a number of sessions. The Town Personnel Canmittee endorsed the 75-e plan but at the review at the Ccaranission level there are several people v^o are sanevtot near retirement on the Commission staff v^o would benefit far and away greater than the cost to us would be. Supervisor Desch stated that it was felt that he should come forward to you with the reccsnmendation that adopt the best plan v^ich is 75-i. As time goes on, the cost to the Town will go down because people will be retiring. This is of coxirse limited to Tier I and Tier II so no new employees that are hired from now on into the future will be eligible. These are long term enployees. It is an employee benefit that would be very much appreciated hy the employees and at a low cost to the oiployer. RESOLUTIOJ NO. 106 Motion by Councilman Cardman; seconded by Councilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca does hereby elect to provide the additional pension benefits of Section 75-e; Section 75-g; and Section 75-i of the Retirement and Social ^ Security Law, as presently or hereafter amended, and FURTHER BE IT RESOLVED, that this election shall become effective on the 1st day of May, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Carx3man voting Aye. Nays - none). KLCMDIKE MANOR ROAD NETWORK Robert Cotts, 115 Nbrthview Road presented the following petition from the Northview Road Association, dated April 10, 1988 viiich was signed by 21 residents: "We the undersigned wish to express our opposition to the plan for the South Hill subdivision known as Klondike Manor as presently proposed. The Plan fails to meet minimum requirements of the Zoning Ordinance in regard to lot frontage and lot depth; it has a proposal for a cul-de-sac road which exceed permissible length. We feel that a subdivision of this magnitude cannot be allowed the number of variances it includes". p* Also a letter written by Mr. Cotts dated T^ril 11, 1988 as follows: "The Northview Road Association met last night to review the plans for the proposed "Klondike Manor" Subdivision. The Association and its resident members are very seriously concerned about this proposal vAiich so blatantly pushes on R-15 zoning requirements in the direction of Multiple Dwellings in an area that has fully family-oriented R-15 character. 981 Town Board 21 i^ril 11, 1988 The Board is, therefore, urged to not allow a variance on the proposed road plan that would extend a cul-de-sac beyond the maximum of 1,000 feet. It was reported at our meeting that the Town Zoning Officer hold evidence, a lease, that shows that the Klondike Manor developer is currently in violation on renting to too many unrelated persons on the one house on this subdivision property". ^ Supervisor Desch stated that by way of backgroimd, the Subdivision Regulations of the Town of Ithaca require any facility viiich is ejqpected to be dedicated to the Town, v^ether it be a park or a road be accepted by the Town. The Town Board, in this case, is limited to identifying v^ether the proposed road network serves both the subdivision and the adjoining land effectively or not. The Town Board does not consider, in it's review of the road network, the question of the subdivision layout in so far as the lot size and density. In this particular case we are looking at strictly a subdivision in accordance with the current Zoning Ordinance so our primary concern has to deal with v^ether those v^o would choose to buy parcels within the subdivision would have proper ingress and egress and \diether or not the adjoining properties will continue to be properly seirved by the existing and proposed roadway network. The Supervisor noted that the matter had been discussed briefly primarily from a procedural question as to the timing and etc. The Town Board has now had the opportunity to look on site at the proposed subdivision at the proposed road network. This is not a public hearing but he stated he was delighted to see everyone here and he knew there were a lot of questions and concerns related to the subdivision. Not all are questions about the road but seme of vMch may be related to the road. Councilwcman Raffensperger asked if the Board was now discussing the resolution distributed by the Supervisor? Supervisor Desch remarked, for the benefit of the public there is a resolution v^ch he stated he prepared in attenpt to identify the different concerns with regard to the road layout. In reviewing the record in regard to the Planning Board and the Zoning Board there are some things that stand out in relation to the proposed roads. For example, the new road frcm Coddington to the intersection with the abandoned railroad comes very close to some four properties on Juniper Drive that raises the question as to v^ether that is the best alignment that could be achieved with relation to that road. He felt that in putting any kind of a resolution together he tried to focus on the different areas of concern. What this resolution does is to look at the group of lots below the abandoned railroad, how ingress and egress should be provided to those lots. It looks at the question of necessity for any road to be constructed to connect to Coddington Road and further it looks at alternatives for getting in and out of the area above the abandoned railroad. Whether that should be totally through to Juniper Drive, v^ether it should be totally through to Pennsylvania Avenue or some combination of the two. Councilman Bordoni remarked, in looking at the map vdiere it shows a iT line indicating a connecting to Juniper Drive and an outlet on the Coddington Road near or directly across from Spruce Way, it doesn't show anything on the North end. Does that mean at this point it is ~ not a viable way out. Town Planner Beeners replied, by pointing out on a map that the road aligned would be opposite of Spruce Way with a connection to Juniper and with a potential for extension north ward through 06i: Town Board 22 ^ril 11, 1988 undeveloped land to Pennsylvania Avenue. To the East is the forty acre Sincebaugh lot for v^ch in the Official Highway Master Plan was plotted out an extension of Pennsylvania and Kendall along v^ch the existing sewer line is, then on to connect into Juniper. There was always the assunption that there would be a connection between these roads to Juniper Drive. Because of the grade of Juniper Drive being about 10%, it appeared to the Planning Board that this new alignment off Spruce Way would offer sane advantages. It would be, for exaitple, about a 7% average grade from opposite ^ Spruce Way down on through with a potential connection to Pennsylvania Avenue. Because of the concern that has been expressed by many of residents, there are a couple of alternatives. There are a couple of questions, is there a redundance of two roads here or should seme alternative alignments be looked at v^ich might eliminate an additional intersection on to Coddington Road. Supervisor Desch replied, that the answer to Councilman Bordoni's specific question is that if this road network were approved, the developer would be required to reserve a piece of land from the end of the cul-de-sac to end of his property line v^ch is ccmmonly done as a future connection to the other lands. He went on to say that one important factor that he did not mention in the beginning was that if the Town Board choose to accept this resolution or something like it the matter would be referred back to the Planning Board for a review of the different road schemes and, therefore, it would not come before the Zoning Board on Wednesday. Councilwonan Raffensperger questioned whether the alignment of the street serving lots 9 and 15 is the one with a connection to Juniper Drive across the abandoned railroad right-of-way. Does that also include going across the NYSEG right-of-way? Town Planner Beeners replied, it's the same thing. Councilwoman Raffensperger asked if NYSEG had given their permission for this connection? Town Planner Beeners replied, the developer has indicated that that is feasible to get, that is to use part of the NYSEG right-of-way for a road. Councilman Cardman asked, "but we don't have it guaranteed fron the developer that that can happen"? Town Planner Beeners replied no, it's a condition of the preliminary plat approval that that connection be built prior to any construction of the houses. Councilwonan Raffensperger asked if this intrudes on the recreation way as planned by the Town because it is along the railroad right-of-way? Town Planner Beeners replied that vrfiat she had plotted out was it would be coning along the old railroad right-of-way that Thenn owns and then have sons connections to Pennsylvania and Kendall. What she had plotted at the time of the Parks and Open Space Coiprehensive Plan was to use an existing path along the sewer line through the Sincebaugh lands to cone up to the base of Juniper and then go out the NYSEG right-of-way. To use the NYSEG right-of-way toward the City it gets a little more coiplex. Use of this section of the right-of-way would really not intrude on the recreation way. Councilwonan Raffensperger noted that the resolution says it really does not require a connection fron Klondike Manor to Coddington Road provided that circulation is provided fron an existing street, she asked v^t existing street, possibly with an interconnection Town Board 28 i^ril 11, 1988 Supei^isor Desch remarked, except it doesn't go quite far enough. Suppose someone wants to come in for a building permit right down on the end of Pennsylvania Avenue. He felt it shouldn't be granted because it's the same problem that we are faced with here. He stated that he would be comfortable in doing vdiat the Town Attorney suggested and coming back with a formal resolution and saying \tot it is that we want to put on hold. Town Attorney Barney stated that he thought, just tonight, for tliis project he would like to discuss this further in Executive Session as he felt there could be some significant legal ramifications here. Councilvonan Raffensperger asked if this would not prejudice vtot we would do after this period of adjoximment. We can do anything we would please at that point. Town Attorney Barney replied this is correct. He went on to say that Councilwoman Raffensperger had made a very good point and that he felt in terms of considering v^t can happen here and in terms of whether it is even feasible to talk about an extension on up the NYSEG right-of-way toward the extension of Kendall Avenue. You really need to know v^ether NYSEG is going to give that or at least consider giving that and he felt the Board did not know that. He noted that in one other case that has ccsoe up in his office in the last few days, NYSEG has declined to allow that kind of a consideration. RESOLUTION NO. 107 Motion by Councilman Cardman; seconded by Councilwcman Raffensperger, _ RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns the consideration of the location of the Klondike Manor road until there is received either by the Town Planner or the Town Engineer or the Town Si:5)ervisor or the Town Attorney, written assurance of the owner that the NYSEG right-of-^way or the former railroad bed that it can be used for all Town highway purposes, at least in the parts necessary to ccnplete this particular requested subdivision. (Desch, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none. Abstaining - McPeak). ENVIRCMENTAL ASSESSMENT CHANGES FOR THE CHAMBER OF COMMERCE PROPOSED SPECIAL LAND USE DISTRICT Town Planner Susan Beeners noted one correction on the EAF, that being on page 3, Blf, the number of off street parking spaces proposed is 30 not 29. /^\ PUBLIC HEARING TO CONSIDER A LOCAL LAW REVISING THE SPECIAL LAND USE DISTRICT #5 TO INCLUDE 912,910 AND 904-906 EAST SHORE DRIVE FOR THE PURPOSE OF DEVELOPING A FACILITY FOR THE TCMPKINS COUNTY CHAMBER OF COMMERCE Proof of posting and publication of a notice of a public hearing to consider a local law revising the Special Land Use District #5 to include 912, 910 and 904-906 East Shore Drive for the purpose of developing a facility for the Tcmpkins County Chamber of Ccmmerce having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Boaid 29 ^ril 11, 1988 As no one present wished to speak for or against the proposed local law, the Si:5)ervisor closed the public hearing. RESOLUTIOJ KO. 108 Itotion by Councilman Bordoni; seconded by Councilman McPeak, RESOLVED, that the Town Board of the TOwn of Ithaca hereby declare a negative declaration of environmental significance for the ^ rezoning of 912, 910 and 904-906 East Shore Drive to be included in the Special Land Use District. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). LOCAL lAW NO. 4 - 1988 Motion by Councilman McPeak; seconded by Councilwcman Raffensperger, LOCAL LAW NO. 4 - 1988 A LOCAL LAW TO AMEND THE ZOJING ORDINANCE BY ENLARGING THE SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Local Law No. 2 for the year 1988 of the Town of Ithaca creating Special Land Use District No. 5 is hereby amended as follows: (a) Section 6(a) is amended to read as follows: "(a) No building permit shall be issued until a plan shall have been submitted to the Planning Board and approved hy the Planning Board showing adequate parking and access to be maintained within the district." (b) Schedule A to said local law describing the property contained within said Special Land Use District No. 5 is deleted and the annexed Schedule A inserted in place thereof. The Official Zoning Map of the Town of Ithaca is hereby amended by adding and expanding such Special Land Use District No. 5 to enccmpass all of the area described on Schedule A annexed to this local law. 2. In the event tliat any portion of this law is declared invalid by a court of ccmpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 3. This law shall take effect immediately. SCHEDULE A DESCRIPTICX^ OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5 ALL THAT TRACT OR PARCEL OF LAND situate in the TOwn of Ithaca, County of Torpkins and State of New York, bounded and described as follows: 7M Town Board 30 2^ril 11, 1988 (XWMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast comer of premises of the City of Ithaca (Liber 204 of Deeds at Page 274) v^ch premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast comer of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast comer of said Wells property and also the southeast comer of other premises reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast comer of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Conpany; thence southwesterly along the easterly line of said railroad ccitpany a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at Page 594) a total distance of 82,8 feet to a point, vdiich point is the southwest comer of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beginning. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwoman Leary Voting Nay Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 4 - 1988 was thereupon declared duly adopted. Councilwoman Leary stated that she had voted against the local law because it was still a move away from the central business district and in the Town's draft Conprehensive Plan statement, the Town recognizes the City as the County seat and the center of coninercial activity so she felt it went against that too. PUBLIC HEARING TO CCTSIDER THE ADOPTION OF TEffi OFFICIAL ZONING MAP Proof of posting and publication of a notice of a public hearing to consider the adoption of the Official Zoning Map having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Planner Susan Beeners remarked that the purpose of this public hearing is to have an updated map where were changes made since the adoption of the last official map, date unknown, are shown and this will bring everything up to date and correct. Supervisor Desch noted that there will be a set of tax maps vhich will be the next level of detail so that you can see where your fOZK Town Board 31 Z^ril 11, 1988 particular parcel relates to the boundaries that have been established. The person will need to go back to the particular action that happened v^en using the tax maps in order to get the precise boundaries so there is a risk in using it. You can't scale a map like this but it does depict the zones. He went on to say that the only question he would have if the Board choose to adopt this as the Official Map is v^ether or not you would want to include the boundaries of the new Special Land Use District that the Board just expanded. Obviously, this map does not show that J**! because it was put together before the vote, we just took. He went ' on to say that there were not changes built into this map, it's all past action. Town Attorney Barney remarked that legally he would just as soon not include the expanded district because the legal date of that will not be imtil it has been filed. County Representative Beverly Livesay asked if there wasn't some Ag District land down in the southeast comer of the Town? Si^jervisor Desch replied. County District but not zone. They were not zoned agricultural, that's totally different. Town Planner Beeners remarked, those ag zones are referenced on reduced tax parcel maps. As no one present wished to speak, the Supervisor closed the public hearing. Councilvotian Raffensperger noted that the maps used to be shaded differently for different areas, it was easier to look at. Town Planner Beeners agreed and stated that it may be possible to ^ shade one or two districts. ] Supervisor Desch noted a foot note on the map with reference to the Zoning Ordinance, Section 3 vdiich tells you how to interpret district boimdaries and asked the Board if they were comfortable with this? The Board felt it was not necessary to reduce the size of the map because it would need to be folded or rolled anyway and the larger size is more legible. RESOLUTION NO. 109 Motion by Councilman Cardman; seconded by Councilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca hereby adopted, as the Official Town of Ithaca Map, the map dated ^ril 11, 1988. Official copy of v^ch is on file. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye lami Councilwoman Leary Voting Aye ' Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The Resolution was duly adopted. 9oe; Town Board 32 i^ril 11, 1988 PUBLIC HEARING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE IN THE TOWN OF ITEiACA TO TEayPPORARILY MODIFY THE STOP SIQJ A THE INTERSECTIOJ OF CAMPRFT.T. AVENUE AND BROOKFIELD ROAD Proof of posting and publication of a notice of a pi±)lic hearing to consider amending the Traffic Ordinance in the Tdwn of Ithaca to tertporarily modify the stop sign at the intersection of Campbell Avenue and Brockfield Road having been presented by the Town Clerk, the Supervisor opened the public hearing. As no one present wished to speak for or against the amendment to the Traffic Ordinance, the Supervisor closed the public hearing. Supervisor Desch then signed the following "Certificate of Necessity" dated ^ril 11, 1988: "The undersigned. Town Supervisor of the Town of Ithaca, hereby certifies as to the necessity for the immediate passage of the Ordinance Amending the Ordinance Regulating Traffic and Parking the the Tcwn of Ithaca." The purpose of the change is to accaranodate the request of the City of Ithaca to use Cairpbell Avenue as a detour for Cliff Street construction. RESOLUTIOSr NO. 110 Motion by Councilman McPeak; seconded by Councilman Bartholf, ORDINANCE AMENDING TEJE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of Town Law of the State of New York • and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Ithaca, Tcmpkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights. Section 2. Amending of Prior Ordinances. The ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca adopted February 8, 1988, effective Febinary 23, 1988, is hereby amended by deleting from the list on Schedule A dealing with stop signs the entry reading as follows: "On Campbell Avenue at Brodkfield Road". Section 3. This Ordinance shall take effect immediately. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwcatian Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye : ; (_, n n Tcwn Board 33 April 11, 1988 The Ordinance was thereupon declared duly adopted. EITOIOnyEMAL ASSESSMEasrr of proposed seqr local law Councilman Bordoni stated that he had a question on the first page, looking at #3, it reads EAF, everything else seems to be in order but that is in reverse order. Instead of calling it a full environmental assessment its called an EAF, is there seme magic there? Attorney Ruswick replied yes, that*s the standard designation. The environmental assessment form is the EAF. The usual designations are not referred to as a full EAF its just an EAF. We said full to define it frcm the short EAF. Councilman Bordoni stated that he thought at a point around March 7th, v^en we went over this the first time, if you look at page 4, item 6, he thought the 1,000 tons was going to be deleted and start the sentence out with "Any Mining". Supervisor Desch replied that a discussion was held at the meeting Councilman Bordoni missed with regard to the thresholds vdiich because of the amount of staff time that should go into reviewing all the thresholds that we decided that we would handle those separately and ccme back with a six month of time with a reccnmendation as to changes throughout all the thresholds. So we will have to look at the v^ole subject. Councilman Bordoni questioned page 6, item 5, "all routine tree planting"? Was there a discussion on that? Supervisor Desch replied right, at the earlier meeting. ft Councilman Bordoni questioned item 6 on page 6, we v^t through facilities, roadway, ditching and equipment. He stated that he thought these were things we were going to do and he did not see them done in the latest version. Maybe something was done at the meeting he missed. He went on to note page 9, section 14, item 1, "An application shall be deemed received for the purposes of he stated that he thought the Board had added the word "assessment" before purposes. Supervisor Desch replied no, that wouldn't be pertinent. Supervisor Desch stated that he had a question on the material Dooley Kiefer distributed, the first having to do with environmental assessment forms. He went on to state that those forms have already been adopted, isn't that correct? Town Attorney Barney replied, yes. Supervisor Desch remarked, then Mrs. Kiefer's conments can be consider v^ienever we choose to change the forms. He went on to say that there were a series of questions on page 3 of her handout which you need to decide. Part of this relates to thresholds. You have to ask yourself vtether you wish to table the matter until this can be further discussed with these specific things in mind or mm not. Councilman Cardman remarked that they seemed to be pretty detailed and he didn't think he could do it justice by just looking at it tonight. Sipervisor Desch replied that seme are similar to \tot Mrs. Kiefer talked about before. He asked the Town Attorney for his opinion. 96Z Town Board 34 i^ril 11, 1988 Town Attorney Barney replied that not having a chance to read them, no. Vfe spent quite a bit of time after the last meeting going back thirough and trying to come up with vtot we thought you wanted us to ccme up with. Councilwonan Raffensperger ronarked that one thing in this correspondence fron Dooley Kiefer today, that was discussed before and that was the posting of the action of negative declarations and etc., in the Town Hall. She asked if there was a substantial ^ objection to doing this? A reason not to do it? Town Attorney Barney replied that the reason he would suggest not formalizing it is that if we imbody it in legislation it then requires us to do it and then if we fail to do it administratively, not any reflection on the present personnel, but things do slip through the cracks occasionally and then you have created a situation vdiere you can void the action that was taken. People that are concerned, for the most part, get notice of the hearing they can ccme to the meeting and the minutes reflect vhat actions are taken so its not like it was buried away in seme attic vhere nobody hears about it. The only people vho are really going to care vhether there was an environmental decision made are those that are probably going to challenge the action in seme fashion and those people in 99% of the cases, if not 100%, are going to be aware of \hat's going on and will be pounding on Jean Swartwood's door step asking for copies of the minutes. Councilwoman Raffensperger stated that it was her understanding that the intent of v^at we are doing today was not to review thresholds and addition, however desirable, requirements but to bring this into cempliance with the revised State regulations. Town Attorney Barney replied, that is correct. Councilwoman Raffensperger replied, we could do that tonight and then say that we wished to have the Type I actions reviewed within a period of six months and other suggested changes to the Town's environmental law reviewed during that period. As no one present wished to speak for or against the proposed local law, the Supervisor closed the public hearing. RESOLUTiaj NO. Ill Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance on the environmental assessment of the SEC3R Local Law. (Desch, McPeak, Raffenspeiqer, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). ^ RESOLUTION NO. 112 Motion by Councilwoman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca, wishing to bring the Town's environmental law into ccnpliance with the revised State regulations, hereby authorize action to be taken on said revised regulations with the stipulation that Type I actions be reviewed within a period of six months and other suggested changes to the environmental law reviewed during that period. v<^7 ' J KJ U Town Board 35 April 11, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). LOCAL LAW NO. 5 - 1988 Motion by Councilwoanan Raffensperger; seconded by Councilman Bartholf, LOCAL LAW NO. 5 - 1988 A LOCAL LAW PROVIDING FOR ENVIR(M1ENTAL REVIEW OF ACTIONS IN THE TOWN OF ITHACA SECTION I. Pmrpose. The purpose of this Local Law is to itrplement, for the Town of Ithaca, the State Environmental Quality Review Act ("SEQRA") and the provisions of 6 NYCRR Part 617 as hereinafter defined. The intent of the State Environmental Quality Review Act and this Local Law is to provide a procedural framework for the inclusion of environmental considerations into the local decision-making process at the earliest possible time and for the mitigation of negative environmental innpacts. It is the purpose of this Local Law that a suitable balance of social, econonic, and environmental factors be incorporated into the planning, review and decision-making processes of the Town of Ithaca. It is not the intention of SEQE^ and this Local Law that environmental factors be the sole or, necessarily, controlling consideration in the decision-iiiaking process. ^ SECTICN II. Definitions. The words used in this Local Law shall have the same meaning as such words are defined in Article 8 of the Environmental Conservation Law and 5 NYCRR Part 617.2 as the same may be amended frcm time to time, unless the context requires a different meaning. The following terms shall have the following meaning: 1. SEQRA - The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law. 2. Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617). 3. EAF - Full Environmental Assessment Form. 4. S/EAF - Short Environmental Assessment Form. 5. EIS - Environmental Impact Statement. 6. D/EIS - Draft Environmental Impact Statement. 7. Town - the TOwn of Ithaca. The following terms shall be defined and have the meaning as set mm forth in 6 NYCRR 617.2; "Actions"; "Exenpt Action"; "Excluded Action"; "Type I Action"; "Type II Action"; "Unlisted Action"; "Lead Agency"; "Involved Agency"; "Critical Environmental Area." SECTION III. Classification of Actions. 1. All actions may be classified as set forth in (a) through (e), Town Board 36 April 11, 1988 below, and as are defined in 6 NYCRR 617.2. a) Exesrpt - enforcement proceedings, ministerial acts, maintenance and repair involving no substantial ch^ges, and emergency actions on a limited and tenporary basis; b) Excluded - Generally, those actions approved prior to November 1, 1978; or requiring a ceirtificate of environmental ccmpatibility under the Public Service Law; c) Type II - actions v^ich have been determined legislatively not to have a significant effect on the environment, consisting of actions listed in 6 NYCRR 617.13 or in Section VI of this Local Law; d) Type I - actions vMch are most likely to require preparation of an Environmental Irtpact Statonent, consisting of actions listed in 6 NYCRR 617.12, in Section V of this Local Law, or in any similar listing adopted by an involved agency; e) Unlisted - not otherwise listed but vdiich require environmental significance to be determined. 2. If any action meets the definition of an Exorpt action or an Excluded action, the SEQE?A review shall terminate in accordance with 6 NYCRR 617.6 (a) (1) regardless of \diether such action would otherwise meet the definition of a Type I action. SECTION IV. Designated Person or Department. A person or department of the Town of Ithaca designated by the Town Board ^ shall; 1. Aid in determining Whether the proposed action is (a) Exenpt, (b) Excluded, or (c) Type II, using the strictest interpretation of Part 617 and this Local Law. Where any doubt exists, such determination shall be referred to the lead agency as designated under the provisions of Section IX of this Local Law and to the Town Board in all other cases. 2. Aid in designating the lead agency and make reccaranendations therefor. 3. Perform preliminary review of all applications, EAF's, S/EAF's D/EIS's, EIS's and supporting documents to determine probable sufficiency as to scope, form and content. 4. Require that the applicant ccaiplete an EAF if: a) any question in Part II of the S/EAF has been answered "Yes", (b) the scope of proposal requires more detail or, (c) in the first instance, if the S/EAF would not provide the lead agency with sufficient information on vdiich to base its determination of significance. 5. Aid the applicant with any questions concerning forms or the environmental review process. 6. Determine Wiether applications, including all pertinent environmental documents, appear to be sufficient; and forward such application materials to the appropriate Town lead agency with a reccmmendation concerning environmental significance within a reasonable time to allow for review at the Town lead agency meeting at which the applicant is scheduled to be Town Boaird 37 ^ril 11, 1988 considered. 7. Assist agencies and applicants to identify other agencies including, federal and state agencies, that may be involved in the approving, funding or carrying out of Type I and Unlisted actions. The burden for determining other involved agencies shall nevertheless less rest solely on the applicant. 8. Assist in the scoping of the D/EIS (vdien a Town agency is , either a lead agency or an involved agency.) SECTIC^ V. Type I Actions. In addition to those actions listed in 6 NYCRR 617.12, the following are hereby designated as Type I actions: 1. Any of the following changes in the uses allowed by local law, ordinance, rule, regulation, special permit, variance or otherwise, within any zoning district or districts vMch result in such change in use applying to a parcel or parcels of land of ten (10) or more acres in the district or districts: a) authorization of industrial or conmercial uses within a residential or agricultural district; b) authorization of residential uses within an agricultural district. 2. The construction of new residential units vMch meet or exceed the following thresholds: a) ten (10) units not to be connected (at commencement of habitation) to ccninunity or publicly-owned utilities; b) thirty (30) imits to be connected (at the ccnmencement of habitation) to community or publicly-owned utilities. 3. The construction, alteration, or demolition of non-residential facilities vdiich meet or exceed any of the thresholds set forth in "a" through "d" below, or the expansion of an existing non-residential facility by more than fifty per cent (50%) of any such thresholds, provided that the e3q)ansion and the existing facilities, v^en combined, meet or exceed any threshold contained in Section V and 6 NYCRR 617.12: a) an action v^ich involves the physical alteration of ten (10) acres; b) an action v^ch would use groimd or surface water in excess of 100,000 gallons per day; c) parking for 100 vehicles; or d) a facility with more than 25,000 square feet of gross floor area. 4. Any action vMch takes place in, or within 250 feet of, any Critical Environmental Area designated by a governmental agency pursuant to 6 NYCRR 617.4. 5. Any facility, development or project vdiich is to be located in a designated freshwater wetland. 6. Mining of more than 1,000 tons of minerals removed frcm the earth within twelve (12) successive calendar months. The 8 Town Board 38 i^ril 11, 1988 definition of mining and minerals shall be the same as that in the New York State Mined Land Reclamation Law, being Section 23-2705 (7) and (8) of the Environmental Conservation Law. 7. Any facility, development or project \^ch would generate more than 2,000 vkiicle trips per any eight (8) hour period per day. 8. Any facility, development or project vdiich, vdien ccmpleted, ^ would generate dual^vdieel truck traffic of more than ten (10) vehicles per any eight (8) hour period per day. 9. Any facility, development or project vMch would exceed New York State or Federal Ambient Air Quality standards, vMchever is more restrictive. 10. Any facility, development or project \(^ch would exceed New York State or Federal Water Quality standards, whichever is more restrictive. 11. Abandonment of a Town highway or highways, or any portion thereof, vdiether or not such highway or highways is shown on the Official Town Highway Map. SECTION VI. Type II Actions. In addition to those actions listed in 6 NYCRR 617.13, the following are her^y designated as Type II actions: 1. The construction or alteration of a single or two-family residence and accessory struct\ires: a) not in conjunction with the construction or alteration of ^ two or more such residences and, b) not in, or within 250 feet of, a designated Critical Environmental Area, designated freshwater wetland, or designated area specially protected by legislation of any local, county, state or federal governmental body. 2. The extension of water, sewer, gas, electric, telephone, or television cable utility facilities to serve new or altered single or two-family residential structures or to render service in approved subdivisions, if not in, or within 250 feet of, and area specified in paragraph 1 (b), or this Section VI. 3. The construction or alternation of a store, office, or restaurant, provided: a) such use is permitted under any local law, ordinance, rule or regulation, b) such store, office, or restaurant is designed for a maximum occupancy of twenty (20) persons or less, and c) such store, office, or restaurant is not in, or within 250 feet of, an area specified in paragraph 1 (b) of this (»» Section VI. 4. The operation, repair, or maintenance of existing structures, facilities, land uses, or equipment. 5. All tree planting, landscaping, and trirrming by the Town of Ithaca Highway Department. 01 Town Board 39 ^ril 11, 1988 6. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and equipnent located on the same site and having the same purpose, including, but not limited to: a) roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices. b) deteriorated or damaged structures, facilities or mechanical equipnnent v^ich need reconstruction, replacement or restoration to meet current standards of public health and safety. SECTION VII. Types of Actions. Actions may include projects or physical activities v^ch change the use or appearance of any natural resource or structure or are planning activities of an agency that ccmmit an agency to a course of further decisions, or agency rules, regulations, procedures and policy making, or a ccnibination of any of the above actions. Such actions may be classified as: 1. Direct actions - directly undertaken by an agency; 2. Funding actions - involving funding by an agency; 3. Permitting actions - requiring one or more permits from an agency or agencies. SECTION VIII. Required Forms - Initial Review. 1. All direct actions, funding actions, or permitting actions to ^ be carried out, funded or approved 1:^ any agency, board, body, or officer of the Town shall require the preparation of: a) an EAF if a Type I action or if an Unlisted Action where a S/EAF would not provide the lead agency with sufficient information on vdiich to base its determination of significance. b) a S/EAF for all other Unlisted actions. If any question on Part II of a S/EAF is answered "Yes", or, if the lead agency or person designated pursuant to Section IV of this Local Law deems that more detailed information is needed, and EAF is required. 2. All application materials shall be sutmitted at least fifteen (15) days prior to the meeting of the lead agency at vdiich the application is scheduled to be heard. SECTION IX. Lead Agency. The lead agency shall be determined as follows: ^0^ 1. Action involving one agency. Vfere a single agency: a) has proposed to directly undertake an action v^ch does not require funding or aj^roval of any other agency, or b) has received an application to fund or approve an action over \^ch no other agencies have approval authority, that single agency shall be called the "lead agency" and such final designation of lead agency shall be made as follows: zi Town Board 40 i^ril 11, 1988 i) The Tcwn Board shall be the lead agency with respect to the following; the adoption, the amendment, or change in any zoning law, ordinance, rule or regulation governing the use of land and the construction, alteration or maintenance of improvements to real property; the amendment or changing of the Town Zoning Map; the abandonment of a Town highway or hi^ways, or any portion thereof; the construction or expansion of Town building, structures and facilities within the Town; the purchase, sale or lease of real property hy the Town. ii) The Zoning Board of Appeals shall be the lead agency with respect to interpretation of all zoning laws, ordinances, rules or regulations, and the granting of variance of special permits. iii) The Planning Board shall be the lead agency with respect to subdivision approvals, site plan approvals and sign approvals. 2. Action involving Multiple Agencies. Where an agency has proposed to directly undertake an action or has received an application for an action requiring funding or approval by more than one agency, the agency may conduct an uncoordinated review of the action or the "Lead Agency" shall be determined in accordance with 6 NYCRR 617.6 (d). 3. Where the lead agency cannot be determined by application of the above guidelines and all involved agencies are Town agencies, the Tbwn Board shall designate the lead agency, unless any provisions of the Environmental Conservation Law, or any rules and regulations adopted the Department of Environmental Conservation supersede or prevail in this respect over this Local Law. SECTIC^ X. Determination of Environmental Significance. 1. After being duly designated, the lead agency shall make a determination of environmental significance pursuant to Part 617. All determinations by the lead agency shall be by resolution duly adopted the lead agency. 2. Such determination of environmental significance shall be one of the following: a) Negative Declaration of Environmental Significance. Upon a determination having been made and filed that the proposed action will not have a significant effect on the environment, the action shall be processed without further regard to SEQE^A, Pail: 617 or this Local Law. b) Conditioned Negative Declaration of Environmental ^0^ Significance. Upon a determination having been made, filed and published that the action, as initially proposed, may result in one or more significant adverse environmental effects, but that mitigation measures, identified and required by the lead agency pursuant to the procedures in Part 617, will modiify the proposed action so that no significant adverse environmental irrpacts will result, the action will be processed as a negative declaration; provided, however, that no comments are received during the public ccmnent period \diich will require the sutmission of a D/EIS pursuant to 6 NYCRR n Town Board 41 April 11, 1988 617.6 (h) (2). A conditioned negative declaration can only be given for an Unlisted Action in which an full EAF has been prepared and coordinated review has been undertaken. c) Positive Declaration of Environmental Significance. Upon a determination having been made and filed that the proposed action may have a significant effect on the environment, the applicant and all other involved agencies shall be notified in accordance with 6 NYCRR 617.10 that a D/EIS is required. SECTION XI. Negative Declaration of Environmental Significance. A Negative Declaration of Environmental Significance shall be prepared, filed and mailed as prescribed in 5 NYCRR 617.10 (a). SECTIca^ XII. Conditioned Negative Declaration of Environmental Significance. A Notice of Negative Declaration of Environmental Significance shall be prepared, filed and published in the Environmental Notice Bulletin pursuant to 6 NYCRR 617.6 (h), and 617.10 (a) (2). The Notice shall state that the conditioned negative declaration has been issued, idiat conditions have been imposed and the length of the ccsiiment period established by the lead agency. In no case shall the ccmment period be less than 30 days. Notwithstanding the above, a D/EIS shall be prepared if any of the conditions set forth in 6 NYCRR 617.6 (h) (2) or (3) are met within the public ccmment period. SECTION XIII. Positive Declaration of Environmental Significance. 1. If the lead agency makes a Positive Declaration of Environmental Significance, thus requiring that a D/EIS be prepared, the matter shall be processed as provided in Part 617. 2. In the case of an application for approval or funding, the D/EIS shall be prepared the applicant or by the agency, at the option of the applicant. The applicant shall notify the agency within 30 days of the filing of the Notice of Positive Declaration as to vhether the applicant or the agency shall prepare the D/EIS. If the applicant does not elect to prepare the D/EIS, the agency shall prepare it, cause it to be prepared, or terminate its review of the proposed action. Upon receipt of the D/EIS, the lead agency shall determine 1:^ resolution v^ether to accept the D/EIS as satisfactory as to scope, form and adequacy. 3. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead agency shall file a Notice of Ccmpletion of the D/EIS in accordance with the requdLrements provided in 6 NYCRR 617.10. 4. All time limits applicable to the processing of a D/EIS and EIS shall ccmmence to run on the date of filing of the Notice of Completion of the D/EIS. SECTIC^ XIV. Time Limits. 1. An application shall be deemed received for the purposes of 6 NYCRR 617.6 (a) v^en the lead agency has deemed the application, along with pertinent environmental forms, to be coanrplete. 012 Town Board 42 ^ril 11, 1988 2. An aj^lication for a permit or funding shall be deoned complete insofar as the SEQE?A process has been ccnpleted v4ien, as is appropriate in each case, one of the following events occurs: a) The action has been determined to be Exenpt, Excluded, or a Type II action. b) A Negative Declaration of Environmental Significance has ^ been issued and such declaration has been filed pursuant to 6 NYCRR 617.10. c) A Conditional Negative Declaration of Environmental Significance has been issued and such declaration has been duly filed and published pursuant to Part 617; provided that no canments have been received within the coiment period vMch would require the submission of a D/EIS pursuant to 6 NYCRR 617.6 (h) (2). d) A written findings statement on a final EIS has been approved and filed pursuant to 6 NYCRR 617.10, except that the lead agency may, in its sole discretion, determine that an application for funding or approval shall be deemed ccnplete upon the acceptance by the lead agency of a D/EIS as to scope, form and adequacy. SECTION XV. Public Hearings. Public hearings on the D/EIS shall be held concurrently with any hearings required to be held by other involved agencies to the fullest extent practicable. SECTICN XVI. Fees. The fees for review or preparation of an EIS involving an applicant for approval of funding of an action shall be determined the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the EIS, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of the EIS, but in no event shall the fees be greater than that established in 6 NYCRR 617.17. SECncaj XVII. Critical Areas. Critical areas of environmental concern may be designated by the Tdwn Board pursuant to 6 NYCRR 617.4. SECTION XVIII. Actions involving Federal Agencies. Environmental review of actions involving a federal agency shall be processed in accordance with 6 NYCRR 617.16. SECTION XIX. Effective Date. This Local Law shall take effect inmediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Hcme Rule Law. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Coimcilman Bordoni Voting Aye Councilman Cardman Voting Aye Councilwanan Leary Voting Aye Councilman McPeak Voting Aye CouncilwOTian Raffensperger Voting Aye Town Board 43 ^ril 11, 1988 Supervisor Desch Voting Aye Local Law No. 5 - 1988 was thereupon declared duly adopted. MAIOl FINANCIAL REPORT RESOLUTION NO. 113^ I Motion by Councilwoman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the March Financial Report, as presented. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). WITEIDRAWAL FROM NEW YORK STATE HEALTH INSURANCE PLAN Supervisor Desch noted that the Town had received a letter fran the State, today, indicating that there is bill before the legislature proposing a four year bail out of the health insurance system resulting and, therefore, no action will be taken this evening. AWARD OF BIDS FOR ROT.T.ER Hi^way Superintendent John Ozolins stated that for the roller, we had two corpanies that bid two different machines, the one frcm State Equipment was the Dresser and the other from C. S. Hansen was a Case machine. He stated that taking a look at the specifications, the Dresser, the more escpensive one, meets the ! specifications. The drum on the cheaper priced machine is smaller as well as the turn angle. Plus, the Case machines is about 1,000 pounds lighter. Option I is without a trade and Option II is with a trade, we plan on trading in two rollers one being a 1944 Buffalo and the other a 1968 Gallion model. RESOLUTION NO. 114 Motion by Councilman McPeak; seconded by Coimcilman Cardman, WtffiREAS, on April 5, 1988, bids were received frcm two firms for a new 4-6 Ton Double Vibratory Roller with a Towing Package or Trailer ranging in amounts from $34,362 to $23,828 for Option I and $29,862 to $20,828 for Option II, and WHEREAS, upon examination of the bids by the Highway Superintendent it was determined that the firm sutmitting the low bid for both Option I and Option II did not meet the required specifications, NOW THEREFORE BE IT RESOLVED, that the Town Board of the TOwn of Ithaca hereby accepts the bid of State Equipment, 7000 Schuyler Road, P.O. Box 3470, East Syracuse, New York for Option II in the amount of $29,862. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman ' voting Aye. Nays - none). agreement with RDCCO LUCENTE FOR BRIANWOOD SUBDIVISION 213 Town Board 44 April 11, 1988 Town Attorney Barney stated that the agreement pretty much follows the fom of agreements we have used in the past, however, he noted that he has not seen the letter of credit form yet. Supervisor Desch noted that there was a very brief letter from Rocco Lucente backed up with an agreement that set forth the financial requirements needed to be set aside to insure that the infrastructure required hy the Town is constructed. The numbers were derived from the Town Engineer' s recommendations in ^ conjunction with the developer's engineer, i ; RESOLUTION NO. 115 Motion by Supervisor Desch; seconded by Councilman Bordoni, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the agreement between the Town of Ithaca and Rocco Lucente for Brianvwxd Subdivision, and FURTHER BE IT RESOLVED, that the Supervisor is authorized to make any alterations and changes he deotis necessary in the process of esiecuting the agreement. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). CENTENNIAL TREE PLANTING The S\:ipervisor noted that the Town Planner had handed out a packet of information which shows approximately ten sites where we might wish to proceed with centennial plantings. The City asked us to contribute sane $5,000 toward the centennial celebration and we said no we could not do that but what we would do would be to consider sane memorial plantings that would ccmplement both the i ! Town and the City at various entrances to the ccmmunity and that is what these do. Ihe resolution is asking for is authority to formalize those plans and to carmit an expenditure of $5,000 for the purpose. The second issue has to do with the donated centennial tree caning from the City, v^re we might wish to plant that. Town Planner Susan Beeners felt the City Centennial tree should be planted at the Wastewater Treatment Plant. It seems like it would be a good location because it is a joint facility and also the plague could be placed in the lobby of the Wastewater Treatment Plant. The Board agreed to the site for the planting of the centennial tree. Councilwcman Leary asked v^y was the Town spending $5,000 when we refused to donate $5,000? Si:5)ervisor Desch replied, because its an irrprovonent not a gift. A gift we have problems with. This is something that will be maintained and enjoyed by the people of both ccffrattunities. rmm, RESOLUTION NO. 116 i Motion by Councilman McPeak, seconded by Coimcilwoman Raffensperger, WHEREAS: 211 Town Board 45 ^ril 11, 1988 1. The City of Ithaca is celebrating its centennial anniversary in 1988, and has invited cotrounity-mde participation. 2. The Town Planning staff has recoiroended that cormeraorative plantings be installed by the Town at up to then City-Town boundaries, to consist of plantings such as cherries and oaks, with such plantings estiinated to cost under $5,000, THEREFORE IT IS RESOLVED; 1. That the Town Board endorse and hereby does endorse the participation of the Town in conmemorative plantings at selected Town/City boundaries. 2. That the Town Board authorize and hereby does authorize the expenditure of up to $5,000 for camiemorative plantings at up to 10 planting sites. (Desch, McPeak, Raffensperger, Bartholf, Bordoni and Cardman voting Aye. Nays - Leary). AGREEMENT TO EXPEND TCWN EIQM^ FUNDS Si:pervisor Desch stated that this set forth the program that the Board is already aware of and formalizes the action listed in the Newsletter. RESOLUTIOJ NO. 117 Motion by Councilman Bordoni; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Agreement to Expend TDwn Highway Funds. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER THE PROPOSED REZOJING OF PORTIONS OF TOWN OF ITHACA TAX PARCEL NO. 6-24-4-14.2, 1290 TROMANSBURG ROAD FROM R-15 TO BUSINESS DISTRICT "B" AND MULTIPLE RESIDENCE DISTRICT Supeirvisor Desch stated that the Planning Board has reccmmended the rezoning of basically the Kyong parcel on Trumansburg Road, so the question before us if do you wish to set a public hearing to consider that rezoning proposal. He remarked that he would reccitinend setting the location for the public hearing for sane location on West Hill like the hospital, the County or Mayers School so that all those people vto might choose to cone will avoid the inconvenience of the detour. RESOLUTIOSf NO. 118 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a pijblic hearing at 7:00 P.M., on May 9, 1988, at a site on West Hill to be annoxmced at a later date, to consider the rezoning of portions of Town of Ithaca Tax Parcel No. 6-24-4-14.2, 1290 Trumansburg Road from R-15 to Business District "B" and Multiple Residence. Tcfwn Board 46 April 11, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). COUNTY BOARD OF REPRESENTATIVE County Representative Beverly Livesay stated that she was sorry to have been late in arriving but she wanted to make sure the Board knew about the Youth meeting to be held Thursday at 7:00 P.M. "*1 Also, that a couple of meetings ago she mentioned the Town of , Ithaca in the Phase II Solid Waste Report and that the eastern part of the Town of Ithaca was one of the portions of the County being mentioned as a possible pilot recycling program. We adopted at oxir last meeting a sort of plan for moving ahead on recycling and we are taking a slightly different approach. Areas of the Town of Ithaca may or may not be part of the pilot project, it will depend on proposals that we receive. It was decided to put out proposals both to municipalities and to private haulers. There is a request form and if you are interested you should contact Barbara Eckstron. She went on to say that there was a little bit of confusion as to the intention but she felt it was for those Towns who do their own trash pick up to put in proposals, now if any Town wants to get into the trash pick up business they are being asked to put in a proposal. APPRCfVAL OF MINUTES RESOLUTIOSF NO. 119 Motion by Councilwcman Raffensperger; seconded by Councilman McPeak, ^ RESOLVED, that the Town Board of the Town of Ithaca hereby approve the minutes of the February 29, 1988 and March 7, 1988 Town Board I meetings as presented by the Town Clerk. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). BENEFIT ASSESSMENT REFUND RESOLUTION NO. 120 Motion by Councilman Bartholf; seconded by Councilman Ccu::x3man, WHEREAS, Andrew Starostecki, 306 Birchwood Drive, North was charged 2 units of water and 2 units of sewer on his 1988 Town and County Taxes, and WIffiREAS, Mr. Starostecki should have been charged 1.10 units of water and 1.10 units of sewer, and WHEREAS, Mr. Starostecki paid his 1988 taxes on February 1, 1988, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $48.60 for water and $55.80 for sewer, total refund of $104.40 be made to Andrew Starostecki, 306 Birchwood Drive, North, Ithaca, New York. Tax Parcel No. 70-10-1.143. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). Town Board 47 Pipril 11, 1988 SALARY INCREASE FOR ZONING BOARD OF APPEALS SECRETARY RESOLOTIOJ NO. 121 Motion by Councilman Bordoni; seconded by Councilman Bartholf, WHEREAS, the ccnplexity and length of the minutes of the meetings of the Zoning Board of Appeals has greatly increased over the past few months, . NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize that the fee for the Zoning Board of Appeals secretaary be increcised frcm $60 per meeting to $75 per meeting. This fee to include transcription of the minutes in final form. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). INTERSECTION LIGHTING PLAN RESOLOTIOJ NO. 122 Motion by Supervisor Desch; seconded by Councilman McPeak, WHEREAS, street lights are needed to sufficiently illuminate the following road intersections within the Town of Ithaca; (1) Terraceview Drive/Sunnyview Lane (2) Whitetail Drive/Troy Road NOW THEREFORE BE IT RESOLVED, by the TOwn Board of the Town of Ithaca, to authorize the installation of the above two street lights as part of the Townwide intersection lighting policy, the locations to be determined by mutual consent of the Town, County, and NYSBG. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). TOWN OF ITHACA WARRANTS RESOLUTIC»J NO. 123 Motion by Councilwoman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated April 11, 1988, in the following amounts: General Fund - Town Wide $ 67,876.42 General Fund - Outside Village $ 30,281.58 Highway Fund $ 34,339.30 Water & Sewer Fund $247,637.19 Lighting Districts Fund $ 445.89 Capital Projects Fund $ 69,501.49 (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). BOLTON POINT WARRANTS 33 Tc3wn Board 48 April 11, 1988 RESOLUTIOJ W. 124 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Bolton Point Warrants dated i^ril 11, 1988, in the Operating Account are hereby approved in the amount of $62,448.66 after review and upon the reccramendation of the Southern Cayuga Lake Intennunicipal Water Catimission, they are in order for payment. (Desch, McPeak, Raffensperger, Bartholf, Leary, Bordoni and Cardman voting Aye. Nays - none). ASSESSMENT ADVISORY COMMITTEE Supervisor Desch noted that the Assessment Advisory Caranittee will meet on May 10th from 3:00 to 6:00 P.M., and two people are needed. Councilman Bordoni and Councilman Cardman agreed to serve on this ccnmittee. REPORT OF TOWN OFFICIALS Supervisor's Report Wastewater Treatment Plant Supervisor Desch remarked that other than agenda information that you have, some late news. We and the City of Ithaca and the Town of Dryden are preparing to return $700,000 to DEC as savings on construction on the Wastewater Treatment Plant. Basically, this is the deobligation of grant funds that will not be needed for our ^ project. Those funds will be used elsev^ere in the State. We I ej^ct probably to deobligate more than that but we need to reserve a safe contingency to ccsrplete the punch list on the project. He stated this was scanething the cotimunity can be pretty proud of. Very few projects in the State end up in this kind of a situation. Park Lane Road Way Supervisor Desch stated that the Park Lane construction be at the lower end on Slaterville Road will be stajrted in about a week. NYSEG has purchased their gas line materials and the contractor will starting their excavation. The Town will be working on drainage and the removal of the excavated material at the lower end. Route 89 Supervisor Desch noted that on Route 89, everybody is concerned about the detour and rightly so, and he just want to make it clecir as there have been questions raised as to why the Town of Ithaca would permit construction of water and sewer lines to take place at the time of the Route 96 detour. The Town has been under contract with the contractor there since bids were open in late 1987 and the contractor was of course waiting for winter to be over with so we have been under contract for a long period of time and would be 1*^ subject to very substantial claims if we were to ask the contractor ' to defer his activities until the detour were over. There have been quite a few conments as to \^y it should take so long to have the road closed to build the project and he has referred those ccmments to the S\:^rintendent of Public Works and the Mayor. Si:^rvisor Desch noted that the Board matibers had the written report of the Town Engineer, he asked if there were any questions. Town Board 49 April 11, 1988 We put these in the middle of the agenda in case we had quiet moments during the meeting but obviously that did not happen. You may wish to take thana with you and then ask the staff members if we have questions. NOISE ORDINANCE Supervisor Desch stated that this item would be tabled and discussed at another meeting. ADJOURNMENT The meeting was duly adjourned. 2 Tov^€lerk