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HomeMy WebLinkAboutTB Minutes 1976-07-12 Town Board Minutes July 12 , 1976 there will be no surplus . If an 'interest rate of 6 % becomes avail - able , then there would be some surplus coming in each year to sub - sidize some other improvements . It appears that at the present time bonding is as beneficial as Bond Anticipation Notes . There is no indication that the interest rate will go down . Over the years the Town has averaged 5 % on Bond Anticipation Notes and has done well . r In fact , 10 years of principal has been paid off . After review and consideration of the proposed serial bond resolution , the Town Board acted as follows : At a regular meeting of the Town Board of the Town of Ithaca ,, Tompkins County , New York , held at the Town Hall , in Ithaca , New York , in said Town , on the 12th day of July , 1976 , at 5 ^ 00 o ' clock P . T2 . , Eastern Daylight Saving Time . The meeting was called to order by Supervisor Schwan and upon roll being called , there were PRESENT .*` T--17alter J . Schwan , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert No Powers , Councilman Shirley Aaffensperger , Councilwoman ABSE;dT a Noel Desch , Councilman Catherine A . Valentino , Councilwoman The . following ' resolution was offered by Councilman McElwee , who moved its adoption , seconded by Councilman Powers , to —Vi n ta ( Resolution follows ) i I T - TOW111 OF ITFACA REGULAR BOARD MEETING July 12 , 1976 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York ; on the 12th day of E July , 1976 , at 5000 pom . , there were PRESENTS T4alter J . Schwan , Supervisor Andrew 117 . Ttic€twee v Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Shirley RaffensPerger , Councilwoman` ALSO PRESEIIT ° James V . Buyoucos , Town Attorney Lawrence P . rabbroni , Town Engineer/Building Inspector Barbara P . Holcomb , Planning Board Chairwoman Robert Parkin , 19100 gay Superintendent Beverly Livesay , County Representative Henry 6-17 . Theisenv County Representative H . [1�Tilliarn Batt , 303 Kline Road Arthur Dinman , 1516 Slaterville Road Elmer and lHarilyn Ewing , 1520 Slaterville Road 'Aary 11aflery 1540 Slaterville Road Nancy Hewett , 1518 Slaterville Road Robert and Nan Julian , 203 Salem Drive � — Z . B . Lavon , 123 Snyder Hill Road Alan D . Personius , 112 Eastern Heights Drive Harold and Grace Sapp , 1522 Slaterville Road Jerry Stasavage , 109 Joanne Drive John and Susan Turner , 240 Stone Quarry Road Alex McCord , 1514 Slaterville Road Representatives of the Media ABSENT . Noel Desch , Councilman Catherine A . Valentino , Councilwoman APPROVAL OF MITNUTES Councilwoman Raffensperger noted that the minutes of June 71 1976 should be corrected to include the names of Liese . Bronfen - brenner and Andrew McElwee as members of the Zoning Committee . motion by Supervisor SchwanV seconded by Councilman Powers , RESOLVEDv that the minutes of May 17 , klay 24v June 0 and June 25 , 1976 are approved as presented , and that the minutes ' of June 7 . 1976 are hereby corrected to include Liese Bronfenbrenner and Andrew W . ifscElwee as members of the Zoning Committe , and as so corrected are approved . Unanimously carried . SERIAL BONDS FOR WATER AND SMPMR I1-TROVE VENTS Supervisor Schwan read the resolution prepared by the bonding attorneys for the issuance of serial bonds for water and ✓l.t� Councilwoman Raffensperger asked if there is an interest rate at which it would not be advantageous to bond and how is the Town to protect itself against the difficulties of the present bond market . The Supervisor said a ' projected interest rate of 8 % can be covered by the existing benefit levy for water and sewer , but NOTICE I E IS IiEREiiYI' GIVEN that the resolution publish .. d herewith has been adopted by the Town Board of the Town of Ithaca , Tompkins County , New York , on the _ 12th day of Jules , 1976 , and the validity of the obligations authorized by ;1 such res ;, lution may be heLeaf er contested only if such obligations were authorized for an object or purpose fur which said Town is not authurized to expend money , or if the provisions of law , whicn should have been complied with as of the date of publication , of this notice were not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice , or such obligations were authorized in violation of the provisions of the Constitution . Dated : Ithaca , New York , July 14 - -- --- ---- ------- � 19769 OF Town Clerk Edward L . Bergen A, , BOND RESOLUTION DATED July 12 1976 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 1 , 967 , 000 SERIAL BONDS OF _TAE 'TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , FJR THE, PROVIDING OF VARIOUS TOWN IMPROVEMENTS AUTHORIZED IN CERTAIN - SEWER DISTRICTS AND WATER DISTRICTS OF SAID TOWN WHICH HAVE HERETOFORE BEEN DISSOLVED AND PROVIDING FOR THE REPEAL OF SEPARATE BOND RESOLUTIONS ADOPTED IN CONNECTIJN THEREEWITH . WHEREAS , pursuant to proceedings heretofore duly had and taken in accordance with tha provisions of Section 109 - r of the Town Law , all of the then existing water improvement districts and sewer improvement districts in the Town of Ithaca , Tompkins County , New York , were dissolved . fly orders dated May 10 , 1971 ; and WHEREAS , prior to the date of dissolution of said improvement districts , various improvements had been financed therein pursuant to the Local Finance Law and bond anticipation notes from time to time have been issued and renewals thereof . remain outstanding ; and WHEREAS , it is now desired to provide for the funding of outstanding bond anticipation renewal notes respecting certain of sai. d districts by the issuance of long term Donds ; and WHEREAS , notwithstanding the aforesaid dissoluti. on proceedings , the renewal notes so to be funded have been issued pursuant to the original authorizations involving district proceedings to supersede the various bond resolutions hereinafter described with respect to each of such districts in order to provide . for the financing of the improvements therein described in accordance with the aforesaid dissolution proceedings which provide , among other things , that all of the improvements and services provided and authorized to be provided r . , r by all of said sewer improvement districts and water improvement districts would be managed , maintained , operated and repaired as Town improvements and as a Town function , and that the costs of any improvement provided or authorized to be provided on behalf of any of said districts , including the ° principal or and interest on any bonds or other obligations authorized to be issued for the purposes of such districts , would be borne by the entire area of the Town of Ithaca , all of the lands within such area being determined to be lands benefited by such improvements , the cost thereof to be assessed , levied and collected from the several lots and parcels of land within said Town in just proportion to the amount of benefit which the improvements shall respectively confer upon such lands or parcels ; NOW , THEREFORE , BE IT RESOLVLD , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : jjec .tion _ ls For the construction of a water system to serve the former East Ithaca Water District in said Town for which $ 44 , 000 serial bonds were heretofore authorized by a bond resolution dated September 11 , 1967 , there are hereby authorized to be issued and sold $ 30 , 000 serial bonds , which shall mature $ 3 , 000 in each of the years 1977 to 1986 , both inclusive , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from March 4 , 1968 , the date of the first bond anticipation note . a . 4 — issued therefor . It is hereby further determined that the principal amount of bond anticipation uotes issued pursuant to the aforesaid bond resolution- of September 11 , 1967 for such purpose has been reduced througn tne, payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the following amounts : D5' March 4 , 1970 $ 20000 March 4 , 1971, $ 2 , 000 March 3 , 1972 $ 2 , 000 March 3 , 1973 $ 2 , 000 March 30 1974 $ 20000 March 3 , 1975 $ 24F000 Barth 3 , 1976 $ 2 , 000 such amounts constituting the first seven installments of the principal amount of such indebtedness , For the construction of a water system to serve the former Synder Hill Road Water District in said Town for which $ 200 , 000 serial ponds were h ,eretofore authorized by a bond resolution dated _ August 7 , 1967 , there are hereby authorized to be issued and sold $158 , 000 serial bonds ;, which shall mature $ 6 , 000 in each of the years 1977 to 1999 , both inclusive , and $ 5 , 000 in each of the years 2000 to 2003 , both inclusive , and shall be consolidated with other issues of bonds of said Town asihereinafter authorized , It is hereby determined that the period ofl probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of. paragraph a of Section 11000 of the Local Finance Law , computed from October 25 , 19671 the date of the first bond anticipation note issued therefor . It is hereby further determined that the principal amount of bond anticipation notes issued pursuant to the aforesaid bond resolution of - August 7 , 1967 far such purpose has been reduced through the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the foilowing amounts : Dille AmQUat October 25 , 1969 $ 4 , 000 October 25 , ', 1970 $ 4 , 000 April 25 , 1` 971 $ 40000 April 25 , 111972 56 , 000 March 3 , 19';73 S6 , O0O March 3 , 1974 $ 6 , 000 March 3 , 1975 $ 6 , 000 March 30 1976 $ 6 , 000 such amounts constituting the first eight installments of the Principal amount of such indebtedness , S � igQ _ 3 _ For the construction of a water system to serve the former Second South Hill Water District , Extension # 1 in said Town for which $ 58 , 000 serial bonds were heretofore authorized by a bond resolution dated October 5 , 1967 , there are hereby authorized to be issued and sold $ 40, 000 serial bonds , which shall mature $ 1 , 500 in each of the years 1977 to 19870 both inclusive , $ 2 , 000 in each of the years 1988 to 1996 , both inclusive , $ 1 , 500 in 1997 and $ 20000 in each of the years 1998 and 1999 , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law , computed i _ 6 _ from March 25 , 19680 the date of the first bond anticipation note issued tharefor . It is hereby further determined that the principal amount of bend anticipation notes issued pursuant to the aforesaid bond resolution of October 5 , 1967 for such purpose has been reduced through the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the following amounts : pig Amp .0 Qt March 25 , 1970 $ 1 , 500 March 25 , 1971 $ 34F000 March 3 , 1972 $ 2 , 250 March 3 , 1973 $ 2 , 250 March 3 , 1974 $ 2 , 250 March 3 , 1975 $ 2 , 250 March 3 , 1976 $ 2 , 250 such amounts constituting the first seven installments of the Principal amount of such indebtedness '. It is hereby further determined that on or before March 3 , 1977 , the additional sum of $ 2 , 250 will be paid from available funds of said Town , in further reduction of bond anticipation notes now outstanding issued for such Purpose , which amount shall not constitute an installment of principal . For the construction of a water system to serve the former Second South Hill Water District , Extension # 2 in said Town for which $ 1 .3 , 000 serial bonds were heretofore authorized by a bond resolution dated October 5 , 1967 , there are hereby authorized to be issued and sold $ 6 , 000 serial bonds , which shall mature $ 1 , 000 in each of the years 1977 to 1982 , both inclusive , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11000 of the Local Finance Law , computed from March 25 , 1968 , the date of the first bond anticipation note issued therefor . It is hereby further determined that the principal amount of bond anticipation notes issued pursuant to the aforesaid bond resolution of Uet +ciber 5 , 1967 for such purpose has been reduced through the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bund anticipation notes , on the following dates and in the following amounts : Q � e ALQll2 March 25 , 1970 $ 1 , 000 March 250 1971 $ 1 , 000 March 250 1972 $ 14V000 March 3 , 1973 $ 10000 March 3 , 1974 $ 10000 March 3 , 1975 $ 10000 March 31 1976 $ 1 , 000 J such amounts constituting the first seven installments of the Principal amount of such indebtedness . aection _�s For the construction of a sewer system to serve the former Ellis Hallow Road Sewer District in said Town for , which $ 90 , 000 serial bonds were heretofore authorized by a bond resolution dated February 14 , 1966 , there are hereby authorized to be issued and sold $ 67 , 000 serial bonds , which shall mature $ 3 , 500 in each of the years 1977 to 1995 , both inclusive , and $ 500 in 1996 , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific onject or purpose is thirty Years , pursuabi to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from March 3 , 1966s the date of the first bond anticipation note issLed therefor . It is hereby further determined that the principal amount of bond anticipation notes issued Pursuant to the aforesaid bond resolution of February 14 , 1966 for v , such puLpose has been reduced through ' the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the following amounts : pa .te flM.P. eQt March 3 , 1968 $ 2 , 500 March 30 1969 $ 2 , 500 March 3 , 1970 $ 2 , 500 March 3 , 1971 $ 2 , 500 March 3 , 1972 $ 2 , 500 March 3 , 1973 $ 2 , 500 March 3 , 1974 $ 2 , 500 March 3 , 1975 $ 2 , 500 March 3 , 1976 $ 2 , 500 such amounts constituting the first nine installments of the principal amount of such indebtedness . It is hereby further determined that on or before March 3 , 1977s the additional sum of $ 500 will be paid from available funds of said Town , in further reduction of bond anticipation notes now outstanding issued for such purpose , which amount shall not constitute an installment of principal , See � lQib _ bs For the construction of a sewer system to serve the former Northeast Sewer District in said Town for which $ 605 , 000 serial bonds were heretofore authorized by a bond resolution dated August 9 , 19650 there are hereby authorized to be issued and serial bonds , which shall Si8 , 000 sold $ 342 mature ' OOU in 1995 , both . - i-nclusive of the years 1977 ° and shall be each tc; each with other issues of bonds of said Town as hereinafter authorized , that the period of probable usef or s hereby determined It i object ulness of the aforesai purpose is thirty years , d specific Pursuant Paragraph a of Section 11 . 00 ursuant to subdivision 4 of Of the Local Finance Law , computed from September 2 , 1965 , the date of the fi-bst bond therefor . dete anticipation note It is hereby further issued rmined that the principal amount Of bond antici pation notes issued that resolution of Augu to the aforesaid st 9 , 1965 for such Pursuant been bond the Purpose ent of annual Principal reduced Paym through pal installments , made from available from funds of said Town a source other bond than the proceeds of the bonds or anticipation notes , on the following dates amounts : and in the following date September 21 1967 Amolat September 2 , 1968 $ 14 , 344930 September 2 , 1969 $ 120000 September 2 , 1970 $ 12 , 000 September 2 , 1971 $ 12 . 000 March 2 , 1972 $ 12 , 155 . 70 March 3 , 1. 973 $ 12 , 000 March 3 , 1974 $ 12 , 000 March 3 , 1975 $ 18 , 000 March 3 , 1976 $ 18 , 000 such amounts constitutin $ 18 , 000 9 the first ten installments of the amount of such Principal indebtedness . It is hereby further or before March 3 , 19770 the determined additional sum of that on from avilable $ 17 , 000 , will be funds of notes said Town , in Paid anticipation further reduction of now outstand ' bond 9 issued for such purpose , which amount shall not constitute an installment of principal . S ? g .tig ❑ - 7 _ For the construction of a sewer system to serve the former Slater - Ville Road Sewer District in said Town for which $ 520 , 000 serial bonds were heretofore authorized by a pond resuluti. un dated February 13 , 19670 there are hereby authorized to be issued and sold $ 345 , 000 serial bonds , which shall mature $ 150000 in 1977 , $ 180000 in :Aac, h of the years 1978 to 19 .840 both inclusive , $ 14 , 000 in _ each of the years 1985 and 1986 , $ 17 ,-000'Y in 1987 , $ 16 , 500 in each of the years 1988 and 1989 , $ 15 , 500 in each of the years 1990 to 1995 , both inclusive , and $16 , 500 in each of the years 1996 and 1997 , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of Probable usefulness of the aforesaid specific object or purpose is thirty years , pursuant to subdivision 4 of paragraph a of Section 11 . 0 0 of the Local Finance Law , computed from June 27 , 1967 , the date of the first bond anticipation note issued therefor . It is hereby further determined that the principai amount of bond anticipation notes issued pursuant to the aforesaid bond resolution of February 13 , 1967 for such purpose has been reduced through the payment of annual Principal installments , made from funds of said Town available from a source other than the proceeds of the bonds - or bond anticipation notes , on the following dates and in the following amounts : 12 3 :LE AmQga June 27 , 1969 $ 15 , 000 June 270 1970 $ 15 , 000 June 27 , 1971 $ 15 , 000 June 27 , 1972 $ 12 , 000 March 3 , 1973 $ 12 , 000 March 3 , 1974 $ 12 , 000 f liarch 3 , 1975 $ 12 , 000 March 3 , 1976 $ 12 , 000 such amounts . constituting the first eight installments of the principal amount of such indebtedness . � ectQti _ � s For the construction of a sewer system to serve the former South Hill Sever District in said Town for which $ 840 , 00 serial bonds were heretofore authorized by a bond resolution dated May 8 , 1967 , and $ 185 , 000 additional serial bonds were heretofore authorized by a bond resolution dated April 14 , 1969 , there are hereby authorized to be issued and sold $ 792 , 000 serial bonds , which shall mature $ 36 , 000 in each of the years 1977 to 19981 both inclusive , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years , pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from March 25 , 1968 , the date of the first bond anticipation note issued therefor . It is hereby further determined that the principal amount of bond anticipation notes issued pursuant to the aforesaid bond resolutions of May 8 , 1967 and April 14 , 1969 for such purpose has been reduced through the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the following amounts : p �I:L e g �Od4 March 25 , 1970 S7 , U24 % May 20 , 1970 , 54 , 332 July 8 , 1970 j 512 , 644 f March 250 1971 ,�' $ 7 , 024 May 20 , 1971 $ 4 , 332 July 8 , 1971 $ 12 , 644 March 25 , 1972 � $ 7 , 024 May : [ 0 , 1972 $ 4 , 332 July 6 , 1972 $ 12 , 644 March 3 , 1973 $ 27 , 000 March 3 , 1974 $ 26 , 000 Marcn 3 , 1. 975 $ 360000 March 3 , 1976 $, 60 , 000 such amoui ► ts Constituting the first thirteen installments of the Principal amount of such indebtedness . It is hereby further determined that on or before Marcn 3 , 1977s the additional sum of $ 36 , 000 will be paid from available funds of said Town , in further reduction of bond anticipation notes now outstanding issued for such purpose , whicn amount shall not constitute an installment of Principal . �ectioti _ For the construction of a sewer system to serve the former Soutn Hill Sewer District , Extension # 1 in said Town for which $ 106 , 000 serial bonds were heretofore authorized by a bond resolution dated September 11 , 19670 there are hereby authorized to be issued and sold $ 85 , 000 serial bonds , which shall mature $ 4 , 000 in each of the i years 1977 to 1997 , both inclusive , and $ 1 , 000 in 1998 , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , Pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from March 25 , 1968 , the date of the first bond anticipation note issued therefor . It is hereby further determined that the principal amount of bond anticipation notes issued pursuant to the aforesaid bond resolution of September 11 , 1967 . fur such i •ft purpose has been reduced through the payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bond anticipation notes , on the following dates and in the following amounts : pity AmQaat March 25 , 1970 $ 30000 March 250 1, 971 $ 3 , 000 March 31 1972 $ 30000 March 3 , 1973 $. 30000 March 3 , 19` 74 x3 , 000 March 3 , 1975 $ 3 , 000 March 3 , 1976 $ 3 , OOU such amounts constituting the first seven installments of the principal amount of such indebtedness . Se .glipIl _ 10 . Fore the construction of a sewer system to serve the former South Hill Sewer District, Extension # 2 i-n said Town for which $ i30 , 000 serial bonds were heretofore authorized by a pond resolution dated September 11 , 1967 , there are hereby authorized to be issued and sold $ 102 , 000 serial bonds , which shall mature $ 4 , 000 in each of the years 1977 to 1982 , both inclusive , $ 5 , '000 in 1983 and 1984 , $ 4 , 000 in each of the years 1985, to 1989 , both inclusive , $ 5 , 000 in each of the years 1990 to 1996 , both inclusive , $ 6 , 000 in 1997 , $ 5 , 000 in 1998 and $ 2 , 000 in 1999 , and shall be consolidated with other issues of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from March 25 , 19680 the date of the first bond anticipation note issued therefor . It is hereby further determined that the principal amount of bond 14 anticipation notes issued pursuant to the aforesaid bond resolution of September il , 1967 for such purpose has been reduced through the. payment of annual principal installments , made from funds of said Town available from a source other than the proceeds of the bonds or bind anticipation notes , on the f61liwing dates and in the folluwing amounts : kyle _ $ L�Lg.Ll � March 250 1970 540r000 March 25 , 1971 $ 4 , 000 March 3 , 1972 $ 4 , 000 March 31 1973 $ 40000 March 3 , 1974 $ 4 , 000 March 3 , 1975 $ 4 , 000 March 38 1976 $ 4 , 000 such amounts constituting the first seven installments of the Principal amount of such indebtedness . s ' � � i0a _ lls _ The serial bonds described in the preceding sections hereof are hereby authorized to , be consolidated for purposes of . sale into one bond issue , aggregating $ 1 , 967 , 000 . Such bonds shall each be designated substantially SEWER AND WATER IMPROVEMENT ( SERIAL ) BOND , i 1976 , shall be dated September 10 19760 shall be numbered from 1 to 394 , both inclusive , shall be !'of the denomination of $ 5 , 000 each , except bond numbered I of the denomination of $ 2 , 000 , shall mature in numerical order in the amount of ' $ 92 , 000 on March 1 , 1977 , $ 95 , 000 on March 1 in each of the years 1978 to 1984 , both inclusive , $ 90 , 000 on March 1 in each of the years 1985 to 1995 , both inclusive , $ 70 , 000 on March 1 i. n each of the years 1996 and 1997 , $ 50 , 000 on March 1 , 199B , $ 10 , 000 on March 1 , 1999 , and $ 5 , 000 un March 1 in each of the years 2000 to 20030 both inclusive , and , shall bear interest payable on March ' - 15 - 1 , 1977 , and semi - annually thereafter on September 1 and March 16 Such bonds shall bear interest " at such rate as may be necessary to. sell the same , : ' which' rate shall ,; be determined in the manner provided in Section 59 . 00 of the Local Finance Law . Sucn bonds shall be in bearer , coupon form with the privilege of conversion into bonds registered as to both principal and interest , and shall be payable as to both principal and interest in lawiu .l money of the United States of America at Tompkins County Trust ' Company Ithaca - - - - - - - - - - - - - - - - in - - - - - - - - - - _ New York , or , at ,, the option of the holder , at Morgan Guaranty Trust _ Company - in New York , New York , which by contract are the paying agents Df the issuer . The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue , which individual maturities : are prescribed in the preceding sections hereof . Such bonds shall be signed is the name of said Town of Ithaca , Tompkins County , New Yorx , by its Supervisor , and a facsimile of its corporate seal shall be imprinted thereon and attested by its Town ` Clerk , and the interest coupons shall bear the facsimile signature of said Supervisor . The aforesaid bond resolutions previously adopted for Purposes of financing improvements in the improvement districts heretofore dissolved , referred to in Sections 1 through 10 , both inclusive , of this resolution , are hereby repealed , provided , however , that such repeal shall nut affect or impair the validity of any bond anticipation notes issued in anticipation of the serial bonds authorized by said bond resolutions and all such notes shall be deemed to have been issued in anticipation of the sale of the serial bonds - 16 - herein authorized . To the extent that principal installments have heretofore been made in partial reduction of bond anticipation notes then outstanding in anticipation of the bonds authorized by the aforesaid bona resolutions nereDy repealed , the amount of serial bonds issued under and pursuant to this resolutiun for the respective improvements to be financed has accordingly been reduced . Sar= Iipal _ 1j_ All ' other matters , except as provided herein relating to such bonds shall be determined by the Supervisor of said Town . Such bonas shall contain substantially the recital of validity clause provided for in Section 51 . 00 „ of the Local Finance Law and shall otherwise be in such form and contain such recitals , in addition to those required by Section 51 . 00 of the Local Finance Law , as the Supervisor shall determine , The faith and credit of said Town of Ithaca , Tompkins County , crew York , are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable . The principal of and interest on such bonds shall be payable in the first instance from assessments levied upon taxable property in said Town , which the Town Board shall determine and specify to be especially benefited by the improvements , in just Proportion to the amount of benefit which the improvements shall confer upon the same , but if not paid from such levies , all the taxable real Property , within the Town will be subject to the levy of ad valorem taxes to pay said bonds and interest thereon , without limitation as to rate or amount , !iaaIiQn_l5: The powers and duties of advertising such bonds for ` 17 sale together with another issue of bonds of said Town , conducting the sale and awarding the Bcnds , are hereby delegated to the Supervisor , who shall advertise such bonds for sale , conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town , provided , however , that in the exercise of these delegated powers , he shall comply fully with the previsions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal ' bonds . The receipt of the Supervisor shall Be a full acquittance to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money , 5 � � 1< l� Q_ 16e The validity of such bonds may be contested only if : 1 ) Such Bonds are authorized for an object or purpose for which said Town is not authorized to expend money , or Z ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of publication , or j ) Such bonds are authorized in violation of the provisions of the Constitution . This resolution , which takes effect immediately , shall be published in full in the Ithaca Journal The official newspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . 18 - The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows . Walter J . Schwan , Supervisor , VOTING Aye Andrew W . McElwee , Councilman , VOTING ' Aye Victor Del Rosso , Councilman VOTING Aye Robert N . Powers , Councilman , VOTING Aye Shirley Raffensperger , . Councilwoman , VOTING Aye The resolution was thereupon declared duly adopted . Town Board Minutes - 3 - July 12 , 197E STONE QUARRY ROAD Mr . Fabbroni reported that Lozier Engineers , Inc . have provided a cost estimate for sewer installation on Stone Quarry Road of $ 3000000 , based on 61/ 2 % interest , 30 -year term . First year cost , interest and principal , would be $ 39 , 5u The water installation was estimated at $ 240 , 000 . The annual cost would be $ 21 , 600 ( $ 6 , 000 interest and $ 15 , 600 principal , 30 -year term . It works out to $ 427 a unit for sewer and $ 215 a unit for water based on eligible frontage . These are averages . Supervisor Schwan felt that PYr . Dunlap ' s estimate of 6 - 1/ 2 % interest is very optimistic . Since the unit charge estimated is so high if only the Stone Quarry Road area is serviced , it was agreed , in accordance with the intent when the water and sewer district's were dissolved , that the Super - visor and Mr . Fabbroni would work out a cost breakdown per unit including not only Stone Quarry Road but the other areas of the Town which have been under consideration for water and sewer ser - vice , all the units to be used Town -wide . Tills would mean that the residents of the whole Town would be supporting extension of water and sewer services to those areas in the Town still in need . The Supervisor said there is some question as to whether the resi - dents will support this concept at this time . Decision on this matter will be held in abeyance until unit benefit charge estimates are available and public reaction is known ° SE69ER EXTENSION - CODDINGTON ROAD The sewer extension on the Biesdorf property on Codding - ton Road has been completed and has been inspected . No rock was encountered in the course of the work . RECOW-Mo NDATIOIDIS OF PARK C0414MITTFE The Park Committee requested a resolution directing them to investigate the possibility of acquiring Coy Glen lands for park purposes , the intent being to preserve this as an unique area of the Town . They requested the resolution in order to have a firm basis to talk to the agencies who have involved themselves with Coy Glen and so they may proceed with the idea of acquiring these lands for park purposes . The resolution would give the Park Com- mittee the authority to talk on behalf of the Town Board . The Committee did not feel it ought to talk to the owners of the proper- ty without first having the resolution . Motion by Councilwoman Raffenspergerp seconded by Councilman Powers . RESOLVED , that the Town Board of the Town of Ithaca directs the Park Committee of the Board to proceed with the investigation of the possibilities of acquiring Coy Glen lands for park purposeso the primary intent being , as outlined in the Town ' s Park Policy , the preservation of an unique area in the Town of Ithaca . Unanimously carried . Councilwoman Raffensperger reminded the Board ' that the Planning Board on May 10 , 1976 , recommended that ( a ) authorization be given to the Town Highway Department to work with the neighbor- hood residents of Northview Road West to clean up their park of just over one -half acre and provide access to it , and (b ) the Town Engineer investigate and proceed to develop the right-of -way be - tween Honness Lane and Maple Avenue as a bikeway . The Board did not appear to find any difficulty with the Northview Road Tlest matter , but there was considerable discussion on the matter of the bikeway between Honness Lane and Maple Avenue . Town Board Minutes - 4 - July 12 , 1976 Supervisor Schwan pointed out that the land belongs to Cornell University and the question arises : Who would maintain a bikeway there ? Further , negotiations would have to be condu,:; ted with Cornell University . Town Attorney Buyoucos sugc; esLed that Cornell University might give the Town a determinable fee title , meaning they would give the land to the Town so long as it is used for the purposes of a bikeway and at the time that it ceased to be used for a bikeway it would revert to Cornell University . The time could be limited , say to 20 , 30 or 40 years . Councilman Powers sug - gested that the Town Engineer should be directed , first , to investi - gate the matter and any reference to development should be deleted at this time . ( Development cost estimated at about $ 3 , 200 . ) After the discussion the following actions were taken . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Town Highway Department is hereby authorized to work with the neighborhood residents of Northview Road TATest to clean up their park of just over a half acre and provide access to Ito Unanimously carried . Motion by Councilman Del Rosso ; seconded, by Councilman Powers , RESOLVED , that the Town Engineer is hereby authorized to investi - gate the possibility of acquiring a right-of =way between Honness Lane and Maple Avenue for a bikeway . Unanimously carried . PARK COM14ITTEE - ADDED MEMBER The Park Committee requested authorization to add a member to the Committee , the added member to be selected from the Planning Board and appointed for the duration of a specific park project (particularly in the Coy Glen area ) . Motion by Councilman Powers ; seconded by Supervisor Schwan , RESOLVED , that the Park Committee is hereby authorized to add a member to the Committee from the Planning Board , that member to be appointed for the duration of a specific park project ( the Coy Glen area in particular ) , Unanimously carried . XIICHWAY MAI]VTENANCE FACILITY SITE Supervisor Schwan reported that the Board had had on July 7 , 1976 an informational meeting on the selection of a highway main- tenance facility site . There was a considerable amount of valuable in -put about where the Town highway facility ought to be located from those present . Mr . Bacon and Mrs . Boyce ( of Seven k4ile Drive ) gave evidence as to the traffic jam (with school buses and County vehicles ) at the intersection of Five Pile Drive and Rt . 13 . This raised the question that if the facility were located in the Bost- wick Road area , and if that traffic jam does indeed exist , is it possible the Highway Department could be stymied by the number of vehicles on the road ? Councilman Powers suggested that the work schedule could be staggered . Supervisor Schwan said he thought the impact of the Town Highway Department operation had been blown out of all proportion ; that the Town Highway Department is a relatively small operation . There are only eight tracks as compared to a County operation of 50 to 60 trucks . The Town operation would , he said , have very little impact on the a." aa . The Town has retained a consultant to design a building and the consultant has indicated he can go no further with his design until he knows what site the building will be located on . A decision must be made as to where the facility a Town Board Minutes - 5 - July 12 , 1976 will be built . The Supervisor inquired if anyone else had anything to add on this subject . No other comments or suggestions were re - ceived at this time . Potion by Supervisor Schwan ; seconded by Councilman Del Rosso , RESOLVED , that the Town of Ithaca purchase the Seven Mile Drive site , on which the Town holds an option to purchase through July 30 , 1976 for $ 13 , 800 , and that the Town Engineer be instructed to advise the firm of John A . MacNeill , Engineers and Surveyors , to design the facility for the Seven 1:2ile Drive sites and4that the Town Attorney be instructed to prepare title papers , and arrange to close the transaction . Councilman Del Rosso said he had no reservations as far as the site is concerned , but he did question the traffic in that area on Route 13 . He said there is a hump on both sides of the entrance to that highway , and , wondered how that would be handled . Mr . Parkin , Highway Superintendent , said he had investigated both sites and the one on Seven Mile Drive : is easier for the operation than Five Ii13ile Drive on Route 13 . Fie said it could be improved considerably by trimming the edge of the property on the right hand side of Seven Mile Drive ( not the big tr'a_es , just the bushes on the corner ) . Supervisor Schwan said that Dan 'Baker , who is on the Town Planning Board states emphatically that he prefers to come doom Seven Mile Drive rather than Five Mile Drive . Councilman McElwee suggested that consideration should be given to the Mancini property , the backlande Supervisor Schwan said there is a problem of access . Councilwoman Raffensperger noted that County Representa° tive Hugh ' S . MacNeil had expressed the County ' s willingness to cooperate with the Town and asked if this matter had been pursued . Supervisor Schwan said no letter had been written to the ,County as yet . He said his feeling was that the County ' s " offer " was more Sam PliIacNeil ' s offer than anyone else ' s . Councilman Powers recom- mended that a letter should be written to the County Board of Rep- resentatives to see if the County will make a definite offer to sell land to the Town for a highway maintenance facility . It was agreed that Councilman Powers would draft such a letter . The motion was put to a roll call vote at this time which resulted as follows ° Councilman Del Rosso 000000006000900 Aye Councilwoman Raffensperger Nay . Councilman Powers Nay - Councilman McElwee . . . . . . . Nay Supervisor Schwan Aye The resolution was thereupon defeated . After the motion was defeated , the Board moved along to a consideration of property opposite the County facilities . The discussion now revolved around possible cost of the property and how long it might take to acquire it ( particularly if a condemna- tion were involved ) ° Councilwoman Raffensperger said she favors that property and that she has heard two different versions of the County ' s position as far as selling or leasing land to the Town . She felt the Board should have a clear , definitive presentation from the County as to whether or not they do , indeed , have land available to offer the Town of Ithaca for a highway maintenance facility . The contemplated letter to the County should produce the answer to this question . Supervisor Schwan noted , however , r Town Board Minutes - 6 - July 12 , 1976 that Mr . MacNeil had at no time suggested the County would sell the Town land . He talked about leasing . It does not appear , according to Town Law that the Town is permitted to expend money for a maintenance facility on leased land . After some further discussion , the Board, acted as follows : Motion by Councilman Powerso seconded by Councilman McElwee , RESOLVED , that the site for the Town highvuay maintenance facility be located on Bostwick Road opposite the Tompkins County Highway Department maintenance facility and the Ithaca City School District facility , which site is shown as Tax Map Parcel 6 - 31 - 4 - 1 , having approximately 2 , b00 feet frontage on Bostwick Road , and that the Town Engineer be instructed to investigate with the owner and the design consultant the exact location to be acquired and the total acreage on that site which would be appropriate for the Town highway maintenance facility , and ° to report forthiprith to the Town Board . follows ° This motion was put to a roll call vote which resulted as Councilman Del Rosso Aye Councilwoman Raf .fensperger Aye Councilman Powers Aye Councilman McElwee , . ° ; . > . . . . : . . . . . . . . Aye Supervisor Schwan Aye The motion was thereupon duly adopted . It was agreed that the Town Engineer with the help of John Vasse , Realtor , would investigate the Bostwick Road property . It was also agreed that Councilman Powers would draft a letter to Mr . Stevenson , Tompkins County Highway Department , to determine whether the County does or does not have property to sell to the Town of Ithaca REPORT OF COUNTY P2PRESENTATIVES County Representative Beverly Livesay reported on the fol - lowing matters Airport Paid Parking . Has been referred to a committee to work out , Landing Fees (Airport ) . Allegheny contract which increases landing fees f8r use of the Airport was approved this morning . Supervisors and Legislators Conference . Information from that meeting ° idew legis-Iation authoriiing�rowns to change their structure of governmentF ( 2 ) SEnR , effective date postponed until September 1 , 1976 ( from June , 1976 ) for local government and some special cases can be put off until September 1 , 19770 ( 3 ) polling places must be accessible for the handicapped and elderlyp (4 ) any local government can cancel checks which are outstanding for more than a year ; ( 6 ) outgoing supervisor must file a financial state - ment , having two or three months in which to wind up the business . £-:rs . Livesay cited the organization of Erie County is more structu - ral than the Municipal Officials Association and it involves all of the governments - -- City , County , Town and Village - - and they feel quite satisfied c �i.th it as they are able to keep in touch with over - all county affairs through that type of organization . ri3rs . Livesay thought the various organizations and governments in Tompkins County ought to look into it and perhaps :Hove in that direction . She said the Municipal Officials fssoci. atIon serves a good function but there is a legislative gap betwo7een town and village governments . I Town Board Minutes - 7 - July 12 , 1976 Mrse Livesay recommended that the Supervisors and Legis - lators (which have tuao 3 -day meetings a year ) have instead region - al conferences closer to home ( in Syracuse , for example ) at less cost to local governments . She suggested that the Town Board think about this idea , discuss it with some other supervisors , and ex - plore ito Supervisor Schwan said that supervisors in general feel the agenda of the Supervisors and Legislators meetings include mostly items of interest at the County level and items of particu - lar interest to the big counties : and they take control . Mr . Henry tftI . Theisen , County Representative , reported that the Chairman of the Board of Representatives has asked Gov . Carey to declare Tompkins County a disaster area . The Board of Repre - sentatives today adopted a resolution to the same effect . bix . John Miller , the Fire and Disaster Coordinator , has recommended that people who have suffered damage contact their Supervisor . If Tomp- kins County is declared a disaster area and receives funds , they can only be used to repair what was . damaged on public facilities and they cannot be used for improvements . I1fo Theisen suggested. the Town should investigate what can be done to anticipate the problems which have arisen as a result of the flash flood , He noted that in the Northeast there is always a problem when there is a heavy rain . He said the storm sewers might be improved . Supervisor Schwan noted that every culvert in the North- east jumped its banks and- water went across the roads . Pere Theisen said he had been discussing the matter with an hydraulic engineer who said he thought these things can be anticipated and engineered for , and built to take such floodswh4`yier . they be 10 year floods or 50 year floods . Supervisor Schwan said there have been other minor floodings over the last four to five years but that this flash flood was a major flood - - worse in some ways than " AgnesO° Supervisor Schwan said the Town will look into it in terms of what it can reasonably and economically do . He cited figures on the enormous amount of water produced in a short time and said that a . flash flood of this type cannot be designed for . Fix . Fabbroni said that last year the Town Highway Department , in cooperation with the County Highway Department , had made some improvements to provide a holding area to protect residential areas against the type of flash flood recently experienced . He said , however , that three inches • of water in two hours is virtually impossible to design against ( particularly from a cost consideration ) ° it is possible to have dry reservoirs until such a storm. comes again , but that would not be realistic , ' practical , or economically feas - ible - - nationwide - - and certainly not locally . Mr . Fabbroni said the Town is keeping a record of time spent and damage sustained to turn over to P2r . John Miller , Fire and Disaster Coordinator for Tompkins County . The present esti - mate is $ 50 , 000 damage throughout the Town - - including damage to Eastern heights Drive , Tudor Road , Sharlene Drive , Snyder Bill Road , Nonness Lane , Christopher Circle , Christopher Lane , Pennsyl - vania Avenue , Pearsall Place , Rich Road , Coy Glen Road , Elm Street Extension , Glenside Road , Burns , Stone Quarry Road , Sand Bank Road , Seven iiile Drive , Slaterville Road , Stone Quarry Road being the worsts Private damage has been estimated at 580 , 000 ° PERSONS TO BE HEARD Jerry Stasavage , 109 Joanne Drive . Disagreed with atti - tude on designing drainage systemso He said drainage systems can be designed to accommodate an occurrence such as the recent flash flood . He referred particularly to a ditch on the north side of Snyder Mill Road . One of the spill - over problems was in the area of the dog laboratories . IIe recommended running a spill - over cul - vert directly west 1,.Inder Eastern heights Drive to handle excessive spill -over . a . Town Board Minutes - 8 - July 12 , 1976 Al Personius , 112 Eastern Heights Drive . He said his property contributed to :sir . Stasavage ° s problem to some extent.. A large culvert near the dog laboratories would not handle the run-off from both sides of the road . Mary Hafler , 1540 Slaterville Road . She is at the south- eastern corner of Eastern Heights . A great deal of water gathers there and has done so over a period of five years . Eight years ago they put in a sump pump . They have ground water that rises from underneath and causes sheeting across the back yard . They had 15 inches of water to take care of between Sunday and Monday morning ( July 11 and 12 ) . This is the third time their driveway has been crushed out . She and a number^ of others on olaterville Road are taking personal property losses . She appealed to the Town Board to listen to the residents of the Slaterville Road area and consider the severe problem they are facing . L-.xs . Hafler said the situation is not a new one . Nancy Hewett , 1518 Slaterville Road . 1- rs . Hewett recalled that four years ago Board members walked the area with them , People of Slaterville Road are again appealing to the Board for relief . Zeev Lavon , 123 Snyder Hill Road . bFr . Lavon claimed that what happened yesterday ffu1y 11 to most of the houses west from Snyder Hill Road was pure negligence . He said the drainage ditches along the right -of -ways were . not cleaned after the last rainstorm ten days ago . As a result , he said , most of the culverts could not take the water ; that was the main problem . The culverts all over - flowed to the left side of the road which is the south side going down the hill to Eastern Heights and other places . From his house there was a culvert which he said was not cleaned after the last rain . It became plugged and all the debris and rocks ended up in his yard . His driveway was washed away and he had 10 inches of water in his baseanento He called the Highway Department and they came up at 10 o ' clock , in the evening . At that time they were able to clean up the culvert themselves . He said all the backhoe did was dig three times and when requested to dig another 10 feet they refused to do so . Today ( July 12 ) , when the backhoe was going up the hill they were asked to dig again because the culvert was two - thirds clogged up . It has less than five inches clearance now . Per . Lavon said he visited the property at . 5 o ' clock in ' the evening and it still has only five inches clearance . ( Someone said deepening that ditch would prevent most of the damage , but no preventive work has been done . The same thing will happen again when it rains . This is the culvert which filled two basements on Honness Lane . ) Mr . Parkin , Highway Superintendent , contended , in reply to .qr . Lavon , that there was no way to stop the flooding watersE that. after the storm there was no time to do as Mr . Lavon suggested . There were other places in worse condition to care .for . In a storm such as the flash flood of July 11 , there is no way to be every- where in time . k4r . Lavon said he called up the Highway Department and tried to get explicit instructions as to what must be done to prevent flooding , but the highway personnel who came up had no in - structions . They did their best , he said , based on observation , but they did not have a good " handle " on what should be done . When the water over - flowed from the right-of -ways and ended up in his driveway and basement , Mr . Lavon said he dug another trench to try to divert the water doom Snyder Hill Road . He said if it rains again today ( July 12 ) , he will have water in the same place . Elmer Ewing , 1520 Slaterville Road . 11r . Ewing said - the water problem is not simply the result of the recent flash flood . He said the problem arises every time the snow melts in the winter , and during the spring rains and every summer rain . Every year the Town Board minutes -- 9 _ July 12 , 1976 stream gets deeper . Mr . Sapp ( 1522 Slaterville Road ) has worked long and hard but in vain . Large rocks come dorm the stream . Large trees have fallen in on the Ewing property on both sides . Mr . Ewing said they are losing big trees everywhere . ( Supervisor Schwan said this could be rip -rapped . ) IL3r . Fabbroni said he had visited Mr . Sapp in the spring because of a cave - in . He said at that time he felt it would be necessary to do an over -all survey by transit of the uplands to see exactly where the water was coming from . He said it appeared that for the people on Slaterville Road the water comes from the hillside . There is a ditch on the Marion property which needs to be cleaned out and some kind of ripdrap or culvert is needed in the stream bank alongside the homes on Slaterville Road ( Sapp and Ewing ) to keep the erosion from continuing . Part of the problem could be solved on the Itlarion land . 14r . Fabbroni said that with a rain like yesterday ' s ( July 11 ) , however , there could be enough water sheeting to do considerable damage if the properties them- selves are not protected by a swale or landscaping . Mrs . Hewett disagreed with Mr . Fabbroni . She said the Marion land was jumped because of Eastern Heights . She said that during the January thaw the culvert jumped . It had not been fixed . She said Slaterville Rodd has never had as much water as in recent years and since they cane to the area in 1962 the water has in° creased tremendously ( apart from the recent flash flood ) . Mrs . Hewett said she has already vacuumed 50 gallons of water off her .floor . She is convinced too much water is going in the stream bed . It is not deep enough to handle it . She said something must be done in the Slaterville Road area . An area resident said that because of the growth in the area more water has berm coming down than did so 20 years ago . The land is being disturbed ; a lot of retention has been removed . There used to be many trees and greenery holding back and absorb- ing the water , More water is being generated and there have been no plantings ,* no trees have been replaced which were removed be - cause of development . This resident said they were requesting more forethought in future planning of developments and for more remedial work now . Supervisor Schwan said one of the problems in the Slater - ville Road area is that there are no clear cut drainage channels which amount to anything . The culverts on Slaterville Road are small or non - existant . In any event , the work contemplated on the Marion property ( probably an easement will have to be condemned ) will help , but it will not solve the problem of the creek . 1.4r . Buyoucos , Town Attorney , suggested that the people in the area might put some pressure on Mr . Marion to persuade him to grant an easement . Mrs . Hafler felt it was the Town Board ' s business to solve the Marion problem . Mrs . Hewett repeated that the Marion property is only part of the, problem . 1-, r . Fabbroni said the stream problem will be looked into this summer and some recommendations will be made to the Town Board . Mr . Fabbroni noted that the prob - lem outlined by £fir . Lavon is not related to the problem on Slater - ville Road . It involves a different drainage course . It will be necessary to do a detailed survey before it can be rationally dis � cussed . Mr . Fabbroni promised that such a survey will be made . Supervisor Schwan said that in order to rip -rap the stream that k1r . Ewing is adjacent to , it would mean putting heavy equip- ment in there in order to work on it . He asked if Mr . Ewing would be willing to grant an easement to work on the stream . The banks of the stream need to be stabilized . He said Eastern Heights water could be diverted to another place , but that would simply wash out somebody else . There are two problems , he said ( 1 ) remedial work on the ditch on the Marion land must be done to catch water sheeting and ( 2 ) the banks of the stream must be stabilized so it caill not erode any other lands . Town Board Minutes d 10 - July 12 , 1976 Mr . Fabbroni said the completed Eastern Heights develop- ment did affect the stream . Now the land already drained by the stream will go into a park land . In other words , an attempt is being made to cut that. drainage area off to less than it is nov! with regard to that particular stream . Part of the Problem is finding alternate ways to come down the slope . A holding area on the Marion land is needed and the ditch must be cleaned out . T.lr . Ewing said a week ago the stream was running full , so that it was not the July 11 flash flood that is the ' basic, problem . I=1r . Ewing said he would be willing to grant an easement if he was first shown the plan of work contemplated acid had an opportunity to dis - cuss it with Nr . Fabbroni . Mr . Fabbroni lillustrated on a drawing the drainage in the Eastern Heights area and current plans for improvements in that area . Ile also outlined the possibility of improvements on the Marion land . He said. his long range approach will be to localize the drainage area so that the flows down the hillside are equalized , but that without a detailed survey he could not speak specifically in terms of acreages and just whose stream it will go next to . The small streams are overflowing as a result of the present storm which smashed into Slaterville Road and got blocked up and went over the road . An area resident suggested that since the Eastern sleights development was approved by the Town Board in spite of question - able drainage , it would seem appropriate for the Town Board to see that an adequate drainage system is installed . Supervisor Schwan said Eastern Heights was approved by the Planning Board . The Town Board does not see subdivision plans , only commercial and multiple . He said everything that can be done will be done to im- prove the situation . , He said , however , in all frankness and hones - ty , that unlimited dollars could be spent in the area , but should the Town experience the kind of rainfall recently had , there will be a repetition of the trouble . In the recent flash flood on Winthrop , Huriel , Winston , and Salem every culvert and every stream went across the roads . The rainfall was so great and so fast there was no simple answer to prevent the water from crossing the roads . (Mr . Ewing repeated the problem existed before this rainfall . ) Supervisor Schwan said he thought the situation can be helped by rip-rapping the stream , In order to work on the creek , it will be necessary to condemn an easement from Marion . The Town Board has tried very hard to get an easement from Mr . 13arion to work on his land but he has to date always refused to grant one . He noted that the Town Engineer has been preparing a plan to improve the situation . The current rainfall , however , did not wait for the implementation of the plan . Mrs . Livesay said part of' the problem described by Mr . Lavon at 123 Snyder Hill Road arises behind her house ( 147 Snyder Hill Road ) where there is a culvert which goes under the road be - tween her house and Eastern Heights . That culvert could not handle the water coming down the ditch . It jumped over , ran alongside and washed out the shoulder of the road and even took out part of the road . A larger culvert would not help , she said , unless something else is done because the ditch which runs down alongside her proper - ty was full to the brim and could not have taken any more . She said lir . Fabbroni should look into this along with the other mat- ters . Robert Julian , 203 Salem Drive . 111r . Julian said that quite a few home , in the Northeast were flooded . The water starts on Salem , cuts across Tareyton , Muriel and Warren and creates prob- lems for Cayuga Heights . Mro Julian said he was not saying the Town should commit itself to designing storm sewer systems , but the Town Board should be sensitive to the needs of the people . He said the Town should take this storm as a lesson and take stock of the damage done , and to see what can be done to alleviate the situ- ation , so that the same problems will not arise ten years from now . Town Board Minutes - 11 July 12 , 1976 He said something must be done , The Town Board must take heed of the people who have come before them and presented their grievances . Councilman McElwee noted that culverts and holding devices had been re - sized in the Northeast . Mr . Julian said it did not help in the Tareyton and Muriel area . Councilman McElwee said again that the flash flood had Produced three inches of water in two hours . 111r . Julian agreed that is a lot of vlater , but there is no guaranty it won ' t happen again . He repeated he was not say- ing that the Town should design an elaborate storm sewer system , but a survey should he taken and something should, be done for the people , and not simply say there are two or three areas that will be taken care of . Councilwoman Raffensperger said there are areas in Town that always have problems . It happens every time the snow melts , for example , so that it is really not this storm . This storm , she said , only made it just that much worse . Supervisor Schwan said the point is that in the Northeast water ran across every road . Togo up there and change a culvert from. 3 feet to , sa.y , , 4 feet would be an absolute waste of money . It would cost a fortune and after the size of the pipe was in- creased it would be necessary to dig ' a ditch so deep " you will be in somebody ' s front yard . " He said it is not economically feas - ible to do much more in the Northeast . In the area below Black - stone , there is a swale where a retention pond would alleviate some problems in the Village . The Supervisor said the Town is looking at various areas in terms of increasing culvert sizes . There are certain areas which can be improved and there are other areas where it is impossible to improve the drainage . Councilwoman Raffensperger said there is a possibility , before a subdivision is approved , that drainage problems can be anticipated and planned against . ` She said Eastwood Commons drain age gave some problems and the discussion of that problem was very recent . Mrs . Hafler asked , theoretically , what liability does government have in matters like this . There are zoning regula- tions and there is a Planning Board . She said she understood it is their business to look into aspects of growth and development as they pertain to present residents and would pertain to future residents . She said the State had advised that the resident is responsible for the excess water pouring out of a creek on their property onto the highway and that they had better do something about it . She said she understood that responsibility , but asked who is responsible for the problems behind them ( on the land be - hind them ) . She admitted .that the storm was an " act of God " but asked where is the liability in a Town that .:. is organized , where people pay taxes , Or are the people simply in a position to say , Please care , and come back with a report on what will be done ? Supervisor Schwan said the practical answer is that where there is a creek on a resident ' s property , it is his creek and his responsibility . The responsibility of a town , village , state or county depends on which road is in question , and stops at the edge of the right-of ®way . That is why the Town , if it were to go on Mr . Marion ' s land , would need an easement . However , the Town does recognize some moral obligation beyond the right - of -way , and will continue to work on the problems based on a plan which Mr . Fabbroni is working on . REPORTS OF TOInKN OFFICIALS Mrs . Holcomb , Planning Board Chairwoman , reported there are two persons willing to serve on the Planning Board - ® krs . Margaret Oaksford , 203 !Muriel Street , President of the Northeast Civic Association , and Jonathan Bradley , 301 Muriel Street , landscape architect . A .replacement is needed for 11r . David Martin Town Board Minutes - 12 -- July 12 , 1976 who replaced Mr . Robert Scannell for a short period . Councilman McElwee recommended that the Board be furnished with background material on the two candidates so that the Board may make a choice . Mrs . Holcomb agreed to obtain such background material and Mr . Fabbroni will make a report at the August meeting . Mrs . Holcomb reported that for the first time the Ithaca Journal omitted publication of one of the scheduled. Planning Board public hearings . ( Notice was submitted to them in the usual course . ) Therefore , of the four scheduled public hearings , one will not be able to be legally held .: It will be re - submitted to the Ithaca Journal for publication . Town Attorney Buyoucos reported that the complaint against Vincent R . Franciamone has been put . in the hands of the Town Jus - tice and a warrant for his arrest has been issued . The District Attorney will prosecute the case '. Mr . Fabbroni , Town Engineer ; reported on the following matterse 11alkway for Ellis Follow Apartments to East Hill . Plaza . Two locations for the walkway have been investigated and Mr . Fabbroni illustrated them on a map . The walkway will be main - tained by the management of the Ellis Hollow Apartments . Mr . Fabbroni will furnish Mr . Buyoucos with map so he can prepare a description . East Hill Plaza Signs , Lbir . Stewart Knowlton , manager of East Hill Plaza , has advHsed that a number of illegal signs on East Hill Plaza will be removed by next week . Rite -Aid is being pressured by Mr . Knowlton to correct their sign . He has passed the word to all the locations on the East Hill Plaza that illegal signs will not be tolerated . Flash Flood Damage ( July 11 ) . If Tompkins County is declared a disaster area , it will be necessary to document all public and private damage and the dollars spent for repairs . Then the Town may be eligible to ': be rei*_nbursed for a certain per - centage of monies expended as a result of the flood . Private per- sons may be eligible for low interest government loans . Telephone Response at highway Department . Arrangements will be invests g- a.ted to insure telephone response at the Town Highway Department . It appears some residents have complained of not getting any response when they call the Highway Department ( particularly during the recent flash flood ) . Councilman Del Ros - so suggested an emergency number and that this problem should be kept in mind when a communication system for the new highway facility is planned . HIGHWAY SUPERINTENDENTS SCHOOL Motion by Supervisor Schwan seconded by Councilman McElwee , RESOLVED , that the Highway Superintendent is hereby authorized to attend the Highway Superintendents School , expenses to be paid for by the Town of Ithaca . Unanimously carried . BOLTON POINT WARRA al' S: Motion by Supervisor Schwano seconded by Councilman McElwee , RESOLVED , that the Bolton Point warrants of July 12 , 1976 , having been reviewed by and recommended for payment by the Southern Cayu- ga Lake Intermunicipa'1 Water Commission , and after review by the Town Board of the Town of Ithaca , are hereby approved for payment in the amount of $ 193 , 547 . 21 . Unanimously carried . Town Board Minutes e 13 - July 12 , 1976 TOWN OF ITHACA .WARRANTS Potion by Councilman McElweep seconded by Councilwoman Raffensperger ,. RESOLVED , that the Town of Ithaca warrants dated Jnly 12 , 1976 , after review by the Town Board , are hereby apFroved ih the follow ing amounts . General Fund . . . . . . e . . o . . o . e $ 33 , 547o36 Highway Fund oo' . 00 < . . ao . . . o . 19 , 754 . 78 Water and Sewer Fund o . 000b . 11 , 518 . 19 Unanimously carried . SUMMER HELP Mr . Fabbroni noted that $ 1 , 500 has been approved for sum- mer help , and that he would like to hire a John Hart for about nine weeks ,; and would also like to hire a David Greif for twenty° five hours a week for about six weeks , at the minimum wage . Mr . Greif has already been working on a voluntary basis . His wages would run to about $ 350 for the six weeks . He would compile the transportation surveys , but for the most part he would assist Mr . Bonnell in survey work to up°grade the street " as builts " and the work connected with the recent flood . A survey needs a three -man team . John Hart is doing an analysis of roads throughout the Town . He will make recommendations soon . Motion by Councilman PlcElwee , seconded by Supervisor Schwan , RESOLVED , that John 'dart shall be hired for a nine -week period ( $ 2 . 86 /hr ) to do analysis of Town roads . Unanimously carried . 14otion by Councilman P -IcElwee ; seconded by Supervisor Schwan , RESOLVED , that David Greif be hired for summer work for a six -week period , approximately 25 hours a week , at the minimum wage of $ 2030 per hour , total remuneration to be approximately $ 350000 , compiling transportation surveys , assisting with survey wort: and work in connection with the recent flash flood . Unanimously carried . ADJOURNMENT The meeting was duly adjourned - at 8 : 45 p . m . to July 19 , 1976 at 5 : 00 p . m . �l / / A 7 Edward L . Bergen Town Clerk l��