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HomeMy WebLinkAboutTB Minutes 1986-07-28 TOWN OF ITHACA SPECIAL BOARD MEETING July 28 , 1986 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 28th day of July , 1986 , there were : PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer John Barney , Town Attorney Beverly Livesay , Board of Representatives J . M . Weisburd , House Craft Builders , Inc . Andrew McElwee , 123 Judd Falls Road Norbert Schickel III , 494 Five Mile Drive Theo Jenks , 655 Five Mile Drive William Jenks , 655 Five Mile Drive Roderick Elston , 736 Five Mile Drive Dan Aneshansley , 118 Glenside Road Debbie Stevenson , 504 Five Mile Drive Anna Riederer , 496 Five Mile Drive Heinz P . Riederer , 496 Five Mile Drive Kenneth McClane , 114 Glenside Road Rochelle Woods , 114 Glenside Road Isabelle Spencer , 108 Glenside Road Elaine Gries , 112 Glenside Road Manning Woolley , 183 Glenside Road Mark Tomlinson , 224 Bostwick Road Representatives of the Media : Fred Yahn , Ithaca Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report • Fire Contract Supervisor Desch reported that the Town had begun specific negotiations with the City on a new longer term fire contract which will include representation on the Fire Commission and two new stations in the Town . The key question will be the bottom line of costs for the duration of the contract . He went on to say that we expect to have the specific terms of the agreement to cane before the Town Board and Common Council concurrent with the budget process . The next meeting of the Committee is scheduled for Wednesday , July 30th . Town Board 2 July 28 , 1986 Circulation , Etc . , - Biggs Complex The Supervisor stated that on Wednesday , he and Larry Fabbroni would be meeting with the members of the County Board and staff to work out details of the Town taking over the access road and further consideration of the water and sewer within the complex . Hopefully , we will have a recommendation for you by September . Construction of the access road is expected to start in August . We have a specific item for which an executive session will be necessary . Meetings Supervisor Desch stated that it would be necessary to have an audit meeting and perhaps a noon meeting would be best , after the Bolton Point meeting . • RESOLUTION NO . Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct an audit of the warrants for the Town of Ithaca and the Southern Cayuga Lake Intermunicipal Water Commission at 12 : 30 P .M . , on Monday , August 11 , 1986 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Supervisor Desch went on to say that it would be desirable to have a meeting in August if possible , otherwise the September Agenda will be very heavy . Particularly with Public Hearings . RESOLUTION NO . Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and hold a Special Town Board meeting at 7 : 00 P . M . , on Monday , August 18 , 1986 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary Voting Aye . Nays - none ) . Deletion and Addition of Agenda Items Supervisor Desch reported that Item # 6 - Annexation Schedule is not yet ready . Hopefully we will have something for - the August meeting . The Supervisor went on to say that we have the following additional items for your consideration this evening : 1 . Authorize bidding of granite curb for Forest Home Drive with a potential for Judd Falls Road . • 2 . Authorize Amendment to Commonlands escrow agreement . 3 . Forest Home Bridge water main emergency - authorize payment . MODIFICATION OF COMMONLAND ESCROW AGREEMENT Town Engineer Fabbroni reported that Mr . Weisburd was proceeding with Cluster G . Units 86 - 92 are well along under construction . Town Board 3 July 28 , 1986 This includes the construction of Penny Lane which is west of the entrance road to the complex , to the right . The intention tonight is to get parameters established so that later on we can issue the Certificates of Compliance when we have definate amounts . The Engineer went on to say that it was best to accept the highway in two parts , part in August or September and the remainder later . Mr . Weisburd remarked that he did not necessarily concur with the amounts but that he would not take issue with it tonight . RESOLUTION N0 . Motion by Councilman Crag ; seconded by Councilman McPeak , • WHEREAS , Jerold M . Weisburd has requested modification of his escrow agreement with respect to Commonland Community , dated September 6 , 1983 , among House Craft Builders , Inc . , Jerold M . Weisburd , and the Town of Ithaca , to cover : 1s incomplete improvements associated with Clusters F and G , 2o acceptance of Penny Lane in two portions west of Lois Lane , 3e site improvements of Cluster G . and WHEREAS , the Town Engineer has established the following alternative amounts to be secured as escrow against any unit closing based on present status of construction : 1 . Cluster F -- $ 500 . 00 (Lois Lane Survey Monuments ) . 2 . Cluster G ( Highway - Penny Lane) -- $ 6 , 500 . 00 ( first 621 . 78 feet) , 3 . Highway ( Remainder - Penny Lane ) -- $ 6 , 500 . 00 . 4 . Cluster G (Units 86 through 92 ) -- a . Concrete Paver Walks -- $ 400 . 00 b . Site Grading and Seeding -- $ 2 , 500 . 00 c . Driveways and Parking -- $ 3 , 000 . 00 d . Stream Stabilization -- $ 21000 . 00 e . Water and Sewer -- $ 5 , 000900 f . Exterior Finishes -- $ 2 , 000 . 00 per unit . 5 . Cluster G (Units 93 through 99 ) -- a . Concrete Paver Walks -- $ 1 , 000600 b . Site Grading and Seeding -- $ 5 , 000 . 00 c . Driveways and Parking -- $ 61000 . 00 d . Water and Sewer -- $ 14 , 000 . 00 e . Exterior Finishes -- $ 6 , 000 . 00 per unit . NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , that the Town Supervisor be authorized to amend the above-referenced escrow agreement , subject to Town Engineer and Town Attorney review , and FURTHER BE IT RESOLVED , that the amount held in escrow for a subject closing should be the total of improvements necessary to secure improvements necessary to said closing unless said amounts are subsequently amended by future Town Board action . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and. Leary voting Aye . Nays - none ) . Town Board 4 July 28 , 1986 Mr . Weisburd asked about the Restrictions and Covenants for Edgewood , questioning if the Board would be taking action at the August 18th meeting? Supervisor Desch responded , perhaps it can be considered at the August meeting but that will depend on the action of the Planning Board , BUDGET AMENDMENTS RESOLUTION NO . • Motion by Councilman Cramer ; seconded by Supervisor Desch , WHEREAS , additional funds are needed for janitorial supplies for Town Hall , and WHEREAS , the amount budgeted in Highway Garage Personal Services for janitorial services will not be expended , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the transfer of $ 500 . 00 from A5132 . 100 Highway Garage Personal Services to A1620 . 412 Town Hall Building Maintenance , (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . Motion by Councilman Cramer ; seconded by Supervisor Desch ; WHEREAS , that portion of the land use analysis maps will be charged to the General Fund Part-Town , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the transfer of $ 600 . 00 from B1990 . 400 General Fund Part-Town Contingency to B8020 . 400 General Fund Part-Town Planning Contractual . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER MIXED USE ZONE FOR BIGGS COMPLEX RESOLUTION NO . Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on August 18 , 1986 to • consider a local law amending the Zoning Ordinance from Residence District R30 to Special Land Use District (Limited Mixed Use ) for certain land owned by Tompkins County , known as the Biggs Complex , located at 1283 and 1287 Trumansburg Road and on Indian Creek Road , Tax Parcel No . 24-3-2 . 2 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . SELECTION OF ZONING OFFICER/BUILDING INSPECTOR Town Board 5 July 28 , 1986 Supervisor Desch referred to his memo of July 28th to the Town Board on the Town Organization Plan - Zoning Officer/Building Inspector : "At the June 9 Town Board meeting , the Board charged the Personnel Committee to review the May 23rd decision which changed the organizational plan of the Town wherein the Zoning Officer /Building Inspector would henceforth report administratively to the Town Supervisor . The Committee has discussed the matter in detail both prior to and during the process of interviewing the Zoning Officer/Building Inspector candidates and reached a consensus that the new Zoning Officer/Building Inspector should report as described above . Town Board members not on the Personnel Committee concur with this recommendation " . • Councilwoman Raffensperger stated that she had a continued concern about the organizational structure but that the Board should not , at this time , hold up the appointment of the new Zoning Officer/Building Inspector . Councilman Cramer stated that he whole heartedly supported the individual , however , he agreed with Councilwoman Raffensperger ' s concern about the organizational structure . Councilman Cramer went on to say that the organizational structure had not been resolved at the Committee level , however , he would vote favorably providing the Town Board reviews the organizational structure in six months time . We need to establish what is fair to the individual and what is fair to us . Councilwoman Leary stated that she did not agree with the salary , as $ 22 , 000 was over the maximum level . A new person should not cane in at the maximum salary as this is not good for the morale of the other individuals working for the Town . RESOLUTION NO . Motion by Councilman Cramer ; seconded by Councilwoman Howell , WHEREAS , the Town Board of the Town of Ithaca authorized the advertisement to fill the vacancy in the position of Zoning Officer/Building Inspector , and WHEREAS , the Town Supervisor appointed a search committee consisting of the Personnel Officer , Town Engineer , Chairman of the Zoning Board of Appeals , Chairman of the Planning Board , Town Supervisor and two Town Board members , and WHEREAS , the search committee selected eight candidates for interviews out of twenty-three applicants , NOW THEREFORE BE IT RESOLVED , that following the interviews the search committee unanimously recommends the appointment of Andrew Frost to be the Zoning Officer/Building Inspector of the Town of Ithaca effective August 18 , 1986 , at an annual salary of $ 22 , 000 with the understanding that Mr . Frost would be eligible for a . salary increment on January 1 , 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Town Engineer ' s Report Burns Road Town Engineer Lawrence Fabbroni stated that the Board would receive his formal report next month . However , he would highlight the Town Board 6 July 28 , 1986 activities . We are waiting for the paver to pave Burns Road . To date we have spent $ 60 , 000 . The Board will be given a formal accounting at the end of the project . He went on to say that about $ 65 , 000 remains in the account . Forest Home Drive Town Engineer Fabbroni reported that the gabion project on Forest Home Drive near Flat Rock is about 75 % complete . The footers are being poured at the washout part at the foot of Beebe Lake wall . He went on to say that safety netting had been purchased as a person could end up in the lake . The tri-party agreement is now moving along . We are working on the lower side which looks quite nice . Cornell started their own project and has a lot more rough edges • than ours . The Engineer went on to say that it looks like the middle of October for completion . The blame for the set back date should be spread around among the three parties . Hospital Access The Town Engineer stated that he had talked with the attorney who is representing the property owners involved in the easement . The attorney promised to go back one more time to see the people . However , we will need to proceed with the proper actions to take the land . The Engineer stated that he hoped condemnation action would not be necessary . No action has been taken on the Park Road as we are waiting for a meeting with the developer , NYSEG and the Town . Field work is coming along good thanks to good summer help . Supervisor Desch asked the Town Engineer when he expected to bring the extension of water and sewer proposals to the Board ? Town Engineer Fabbroni responded that he expected the feasibility study to be completed soon and that hopefully it could be presented at the August meeting . He went on to say that he had met with the Property owners on Compton Road and had hopefully solved the problems on Honness Lane , REPORT OF COUNTY REPRESENTATIVES County Board Representative Beverly Livesay stated that she assumed everyone had read the articles in the newspaper on the landfill . The postponement of the order to close the landfill has temporarily diverted a disaster , however , we must still try and locate a site as two years will go by fast . Mrs . Livesay went on to say that the Summer Jobs Program was going to be studied . The program was designed when unemployment was high . There is a question if we really need the program now . Nancy Zahler will be doing some research with the youth Bureau and the County will be doing a study on jobs and placement . Mrs . Livesay remarked that she was sure everyone had been reading the articles in the paper on the consideration of the closing of . the County Home . She stated that she would not speak further on the subject unless someone had questions . Mrs . Livesay stated that the County had been holding meetings with the Dewitt Historical Society to find them a new home . The idea of buying the Post Office is being studied . The building could be used to house the County offices and the City offices . She went on to say that she had suggested that the Town of Ithaca be included . If the Post Office building became a reality , then the Dewitt Historical Society could be housed in the old Court House . Town Board 7 July 28 , 1986 Supervisor Desch responded that the Town certainly wouldn ' t want to be lead agency because of our small requirements . He noted that at some point in time the Town might need to look for bigger quarters . Mrs . Livesay responded that in the meantime , all areas should be explored . The building will be availabe in two to three years . Supervisor Desch asked about the square footage available . Mrs . Livesay responded that presently the square footage was not large but six floors could be added to the building . Councilman McPeak questioned what was the speed on closing the County Home? Mrs . Livesay responded that the County has been looking at the problem for four years . This year the Commissioner of Social Services has been looking at the problem for six months with the idea of having her recommendation considered . To move ahead for 1987 budgeting purposes is too short a time period . Councilwoman Raffensperger remarked about the letters in the Journal regarding the loosing of nursing home beds . Mrs . Livesay responded that the County Home was not a nursing home type facility . The nursing hones were taking people who caused the least problems . Now the new Medicare will pay more for those people with the greatest need and those persons with less needs would go to a County Home type facility . The Committee is dealing with how to get from here to there . JUDD FALLS ROAD PROJECT Town Engineer Lawrence Fabbroni stated that Andrew McElwee had taken the design for the Judd Falls Road Project around the neighborhood and talked to the people . Those that he talked to agreed with the concept . Supervisor Desch asked what the timetable was ? Mr . McElwee responded , the sooner the better . Town Engineer Fabbroni added , we are gearing things up for the August 18th meeting but moving ahead with the project . He went on to say that the people most effected were behind the project . Supervisor Desch asked the Town Engineer if he had received any comments from Cornell ? Town Engineer Fabbroni responded that Cornell was having their own internal conflict on their internal roads . Councilwoman Raffensperger stated that she had received a telephone call from a resident of McIntyre Place . Most of the people in Forest Hone will not be here in August , therefore , it was felt the public hearing should not be held until September . Supervisor Desch asked the Town Engineer what would happen if the public informational hearing was not held on August 18th? Town Engineer Fabbroni responded , if the public informational hearing is held on August 18th the project will be done this year , if we held the public informational hearing in September the project will not be done until next year . Town Board 8 July 28 , 1986 Councilman Cramer stated that it would be nice to have the project completed by the opening of Forest Home Drive . Town Engineer Fabbroni remarked , we are pushing to finish the washout area . Councilwoman Raffensperger noted that she had also received calls about not installing the curbing and sidewalks on a permanent basis . Town Engineer Fabbroni added that he had also received calls with the same request . • Councilwoman Raffensperger asked who would be most directly affected by the new project? Town Engineer Fabbroni responded the Silbey ' s and Ruth Mahr . The remainder of the residents will need to redirect their travel by 200 ' to 300 ' if Plantation Road is closed , less if it is not closed . The bridges in Forest Hone will remain two-way bridges . People will just have to plan their route home . Councilwoman Raffensperger noted that the Forest Hone Improvement Association had planned a meeting for the first of September to discuss the proposed plan . Andrew McElwee , noting when the Jughandle was put in , asked if there was any arrangement where that road could be used for public use ? Supervisor Desch responded that it was Cornell ' s decision to make Plantations Road and Forest Hone Drive part of their circulation plan when they closed East Avenue and Tower Road to the public in 1970 . Councilman Bartholf asked if there was any way to run a traffic count one-way? Town Engineer Fabbroni responded that the traffic count had been taken both ways . The improvement is a local one , therefore , the public informational hearing will produce any comments against the proposal . RESOLUTION NO . Motion by Councilman Cramer , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct an informational public hearing at 7 : 15 P . M . , on August 18 , 1986 to consider the Judd Falls Road Project consisting of recurbing and repaving of Judd Falls Road in conjunction with the construction of a walkway and narrowing of pavement to one lane (one-way traffic from Forest Home Drive south to the Jughandle ) . Councilwoman Raffensperger stated that she hoped there would be • wide advertising of the informational public hearing now that it was going to be held in August instead of September . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) Town Planner Susan Beeners introduced Thomas Amici the new owner of the building that housed the old Shanghai Restaurant at 602 Elmira Town Board 9 July 28 , 1986 Road . The Town Planner stated that Mr . Amici was applying for rezoning of the area from Light Industrial to a Special Land Use District (Limited Mixed Use ) and , therefore , the rezoning must be referred to the Planning Board by the Town Board . Mr . Amici stated that he planned to remodel the building to house five apartments and a small store . Councilman Cramer asked Mr . Amici how large the apartments were going to be ? Mr . Amici responded , one two bedroan apartment , the remainder of the apartments will be single bedroan apartments . Mr . Amici went • on to say that only the interior of the building will be renovated . He stated that the Health Department had checked the septic system and found it to be adequate . The Health Department has also checked the well and found it adequate for drinking and other uses . Mr . Amici stated that there is adequate parking now for a total of twenty cars . Also , there is a broken down oak tree that will be removed and this will increase the parking . Mr . Amici stated that he may want to build houses on the remaining property later and , therefore , the Board of Health told him he only had to dedicate the acreage . Councilwoman Raffensperger remarked that she hoped somebody would look into the past history of this property before Mr . Amici ' s proposal is presented to the Planning Board , Mr . Amici remarked that he has been cleaning up the grounds and planting flowers , trying to make the property look better . He stated that he had found extension cords in the false ceiling and was removing them . He again said that he wanted a nice looking and safe place were people would be happy to live for a long time . Councilwoman Leary questioned if the rent would be high , moderate or low? Mr . Amici responded , moderate . Councilman McPeak asked about competition with the store Mr . Amici Proposed and the parket market type store next door . Mr . Amicia responded that the proposed store would not be selling food products but would be a gift shop . He went on to say that his wife would be running the store which would be open normal hours and probably Friday night until 9 : 00 P .M . Town Attorney Barney questioned , are you planning on getting site plan approval for the building and then cane back with a proposal for the remainder of the property? Mr . Amici stated that he would like to give himself breathing room so that he could build later . He stated that he was also considering building storage buildings in the lower section of the property . Supervisor Desch asked if there were any problems with rezoning all of the 3 . 8 acres . Town Attorney Barney reminded Mr . Amici that when he canes back he would need to have definate plans . He went on to inform Mr . Amici that if he ccmmi.tted the whole 3 . 8 acres to the Special Land Use District (Limited Mixed Use ) then he would need to came back to the Planning Board for a rezoning if he wished to change the use of the remaining land . He cautioned Mr . Amici that there was no guarantee that the land would be rezoned . Town Board 10 July 28 , 1986 RESOLUTION NO Motion by Councilman Cramer , seconded by Councilwoman Howell , WHEREAS , Thomas Joseph Amici and Thomas James Amici , owners /developers of the property at 602 Elmira Road have requested a zoning change from the present Light Industrial Zone to a Special Land Use District (Limited Mixed Use ) , and WHEREAS , Local Law # 3 - 1986 , Section 5 (c ) , states that "No application for the establishment of any such district shall be referred to the Planning Board except by the Town Board" , • NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby refer to the Town of Ithaca Planning Board for their consideration , the request of Thomas Joseph Amici and Thomas James Amici , for the change in the zoning of approximately 3 . 8 acres from Light Industrial to Special Land Use District (Limited Mixed Use ) for the property at 602 Elmira Road , Tax Parcel No . 31-3-4 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO ESTABLISH BENEFIT ASSESSMENT FOR TOWN OF ITHACA ' S SHARE OF THE ITHACA AREA WASTEWATER TREAr.M= FACILITY Supervisor Desch stated that we now have pretty solid figures on the cost of the operating the new plant . He then presented the following analysis to the Board : FIRST YEAR BUDGET DATA - TOWN SHARE ITHACA AREA WASTEWATER TREATMENT PLAN!' First year total O&M $ 1 , 200 , 000 First year State Aid 140 , 000 Net revenue needed $ 1 , 060 , 000 Proportion of O&M based on 1985 water consurrption City of Ithaca 71 % Town of Ithaca 28 % 65 , 900 , 000 Cu . Ft . Town of Dryden 1 % • 1985 Town water consumption to Village Plant 91078 , 500 Cu . Ft . t Town O&M joint plant 11060 , 000 x . 28 = 296 , 800 Town Board 11 July 28 , 1986 Town O&M to Village plant = $ 79 , 500 Town O&M rate all users 296 , 800 + 79 , 500 659 , 000 + 90 , 785 = $ • 502 / 100 Cu Ft . Debt Increment benefit assessment 72 , 256 = $ 12 /unit • 6 , 000 Town debt Sewer rate 153 , 544 = , 205 /unit 749 , 785 Summary of Costs O&M rate 9502 Debt rate . 205 Total $ . 707 / 100 Cu . Ft . Comparison of Costs 1986 1987 Benefit Assessment 0 12 ( on tax bill) Family Avg . Use ( 9 , 000 Cu . Ft . /Yr ) Rates 1 . 13 9707 Cost 101970 63963 TOTAL 101 . 70 75 . 63 Savings $ 26 . 07 /year Notes The use of 1985 water consumption as the base for the first year • O&M budget is the only available alternative since neither the new plant meter nor the metering stations on the interceptors will provide sufficient information until 1987 . However , the new plant will treat all sewage flowing to the plant including the substantial amount of by-passed flow in the spring of each year . The operating costs include an estimate of the variable costs ( i . e . , chemicals , electricity , natural gas ) needed to treat the additional sewage . These estimates are very rough . Therefore , use of a conservative consumption ( contribution) estimate is wise in case the worst combination of circumstances arises - dry winter and spring with lower than expected infiltration . Overall revenue to Town Board 12 July 28 , 1986 be raised through benefit assessments and sewer rents have not been reduced by the full year revenue estimate for septage treatment to be paid by the County . It is not known when this part of the new plant will be open but it will be well into 1987 . Therefore , the revenue can be taken into account initially in 1988 . Finally , the first year interest payments will be paid from the project investment balance . However , the benefit assessment is set so that no increase will be needed in the 1988 budget . Furthermore , a surplus in this part of the sewer fund will be needed going into 1988 to assure sufficient cash flow for the May 15 principal and one-half interest payment . • There will also be a . 02 / 1000 increase in the benefit charge to areas beyond the sewer main . The Town in 1987 will be collecting the sewer rents for the services connected to the Village of Cayuga Heights plant currently $ 75 / family unit . Such customers will be billed on the basis of water consumption at the same rate ( $ . 707 /unit ) as all Town users , by coupling the benefit assessment with the new plant sewer rate , users in the Northeast will pay about the same amount per year . However , a strict switch for those users from a family unit basis to a consumption basis would have resulted in about a $ 5 . 00 /Yr . increase . $ 79 , 500 = . 876 / 100 Cu . Ft . 90 , 785 units 90 units x . 876 = $ 78 . 84 In applying for State Comptroller approval in August 1982 , the Town stated that all sewer users in the Town of Ithaca would share in the debt retirement irrespective of which plant treats the flow . This would , in principle , be the same if the Village plant had been expanded to handle the rest of the Town rather than the plant in the City . Similarly when the Village plant has to be expanded , the Town share will be spread across the Town wide benefited area . In paying over revenue to the City , only the revenue required to pay O&M costs will be paid over to the joint activity since the Town borrowed its share on its own behalf . Similarly , the revenue needed to pay the Village of Cayuga Heights will be paid over annually . A major component of Town revenue will be the payment of Cornell of their share of the benefit assessment and sewer rents from use in facilities located in the Town . Utilizing the parameters noted above , Cornell ' s cost will be : Benefit assessment • 600 units x $ 12 /unit = $ 7 , 200 Sewer use (billed quarterly) 280 , 000 units x . 707 = $ 197 , 960 All of the sewer rent revenue for the old plant went to the City . Supervisor Desch went on to say that the numbers are the result of the 1985 water consumption minus what is not connected to the sewer . There will be another look in 1987 at the O&M cost . The Supervisor went on to say that the debt retirement cost should not Town Board 13 July 28 , 1986 change , however , in 1987 there should be an increase in revenues as the flow meters will provide the figures instead of water consumption . When the Town ' s ' 87 budget is put together you will see several new line items . Town Engineer Fabbroni remarked that with O&M figures plus part of the debt applied , it looks like there is a savings . Supervisor Desch responded yes , that is true . You will be paying less than now, $ 1 . 13 / 100 - cubic foot . He went on to say that he thought City customers were paying $ . 40 now and the new City rate was going up to $ . 90 while our rate will be going down . The Town paid higher than rate and a half plus Cornell useage in the Town resulting in revenue going directly to the City , now revenue from the Cornell property , in the Town , will be going to the Town . Almost one-half of the Town ' s revenue cones from Cornell while the City receives about one-third of their revenue from Cornell . Councilman McPeak asked when the plant was expected to be open and operating? Town Engineer Fabbroni responded that realistically it looks like March or April eventhough they keep talking about testing in December . Councilman Cramer asked what was the timetable for eliminating the sewer problem on Trumansburg Road? Town Engineer responded that it has become clear that there is a need for more than just a sewer line to the hospital as a sewer line is needed in this area . RESOLUTION N0 . Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P .M . , on September 8 , 1986 to consider the establishment of a benefit assessment for the Town of Ithaca ' s share of the Ithaca Area Wastwater Treatment Facility . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . GRANITE CURBING Town Engineer Fabbroni stated that he intended to use granite curbing on Judd Falls Road , if the project is approved , as the curbing needs replacing and we have had requests for sidewalks which we cannot build and still maintain two lane traffic without taking some of the residents property . He went on to say that granite curbs are lifetime curbs needed for drainage control . The Town Engineer went on to say that he would like to award the bid for the granite curb for Forest Horne Drive on August 18th , with an-add on for Judd Falls Road if this is agreeable after the public informational hearing on August 18 . Councilman Bartholf asked what the price of granite curbing was ? Town Engineer Fabbroni responded , $ 8 . 00 to $ 9 . 00 a foot if we prepare the elevations . We are talking about 2 , 000 feet of curbing for Judd Falls Road . Town Board 14 July 28 , 1986 Supervisor Desch asked who ' s money would be used to buy the Forest Home curbing? Town Engineer Fabbroni responded , mostly Cornell . They have used about $ 6 , 000 of their one-third commitment . RESOLUTION NO . Motion by Councilman Bartholf , seconded by Councilwcmn Raffenpserger , WHEREAS , the Town of Ithaca , City of Ithaca , and Cornell University are committed to rebuilding a section of Forest Home Drive , of • which 1 , 000 feet , plus or minus , is within the portion of the City of Ithaca to be annexed to the Town of Ithaca upon project completion , and WHEREAS , the joint construction plan developed and managed by Town of Ithaca personnel requires a granite curb along the north ( Beebe Lake ) side to contain runoff and vehicular traffic , and WHEREAS , the reconstruction of Judd Falls Road , if approved , will require granite curbing on both sides , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca to . authorize preparation of specifications and advertising of bids to be opened at 11 : 00 A .M . , EDST , on August 18 , 1986 , to provide for installation of granite curbing along Forest Home Drive with an add-on alternate for Judd Falls Road , such bids to be reviewed for acceptance in part or in whole after Judd Falls Road project decision on August 18 , 1986 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . WATER LINE IN FOREST HOME Supervisor Desch noted that Board action was necessary to authorize payment of the bills for replacing the water line which crosses the Forest Home Bridge . Town Engineer Fabbroni stated that the emergency came after the work had begun . A judgement had to be made immediately on the pits as new valves and new fittings were needed . Also , it was necessary to replace the cast iron pipe which was about 50 years old and subject to considerable moisture and freeze /thaw cycles . He went on to say that it looks like a lot of money but if the project had gone to bid , it could have easily been twice as much . RESOLUTION NO . Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby declares • the replacement of the valves and fittings found to be defective , an emergency action and in no way could have been forseen and thereby authorizes the payment of $ 6 , 680 . 28 be made to Ingrahm Construction . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 . Town Board 15 July 28 , 1986 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the payment of $ 7 , 471 . 33 be made to Ingrahm Construction for the remainder of the cost of replacing the water line on the Forest Home Bridge . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . CONDEMNATION ACTION FOR HOSPITAL ACCESS Supervisor Desch stated that authority was needed from the Town Board to file eminent domain papers pertaining to the taking of the land where the hospital access road will be relocated incase further negotiations are not favorable . Town Attorney Barney stated that the Town Board must authorize a public hearing on the taking before any action can cam- ence . RESOLUTION NO . Motion by Councilman Cramer , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on August 18 , 1986 to consider the taking of a parcel of land owned by Gladys Hall to be used for a hospital access road . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . WATER ACCOUNT REFUNDS RESOLUTION N0 . Motion by Councilman McPeak ; seconded by Councilwoman Howell , WHEREAS , a meter reading error was made on the June 1 , 1986 water bill by the customer , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 104 . 31 for water ; $ 17 . 73 for water surcharge and $ 86 . 28 for sewer , total refund of $ 208 . 32 be made to Peter Grossman , 111 Judd Falls Road , Ithaca , New York , Account Number 191-0000137 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 . • Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , WHEREAS , a meter reading error was made on the June 1 , 1986 water bill by the customer , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 115 . 28 for waters $ 19 . 59 for water surcharge and $ 93 . 54 for sewer , total refund of $ 228 . 41 be made to Janine Massa , 146 Pine Tree Road , Ithaca , New York , Account Number 170-0153967 . Town Board 16 July 28 , 1986 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . Motion by Councilman McPeak ,e seconded by Councilwoman Raffensperger , WHEREAS , on June 5 , 1986 a payment was made on the Special Reading bill , and WHEREAS , a second payment of the Special Reading bill plus the June • water bill was made on June 23 , 1986 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $24 . 77 for water and $ 4 . 21 for water surcharge , total refund of $ 28 . 98 be made to Sidney T . Chen , 302 Salem Drive , Ithaca , New York , Account Number 187-0218108 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , on June 13 , 1986 a payment was made on the June water bill for the property at 916 East Shore Drive , and WHEREAS , a corrected bill was then mailed to the customer and a second payment was made on the June water bill on June 23 , 1986 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund on the original bill (paid June 13 , 1986 ) of $85 . 07 for water and $ 8 . 50 for water surcharge , total refund of $ 93 . 57 be made to Frank Signorelli , 11 Yellow Barn Road , Freeville , New York , Account Number 175- 0167644 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . Motion by Supervisor Desch , seconded by Councilman McPeak , WHEREAS , on June 10 , 1986 a payment was made on the June water bill , and WHEREAS , a second payment was made on June 23 , 19861P NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 18 . 58 for water and $ 3 . 16 for • water surcharge , total refund of $21 . 74 be made to Lemual Wright , 1035 Hanshaw Road , Ithaca , New York , Account Number 184-020423 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . NEW YORK STATE MAGISTRATES ' ASSOCIATION CONFERENCE RESOLUTION NO . Town Board 17 July 28 , 1986 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , the 77th Annual Conference of the New York State Magistrates ' Association will be held October 19 through October 22 , 1986 , and WHEREAS , all certified sitting judges who attend will be reimbursed by the State for one day and one night lodging up to $ 75 . 00 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Justice Merton Wallenbeck and Court Clerk Lury Wallenbeck to attend the 77th Annual Conference of the New York State Magistrates ' Association to be held October 19 through • October 22 , 1986 at the Nevele Hotel , Ellenville , New York . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . 1986 SUMMER TRAINING PROGRAM (JUSTICES ) RESOLUTION NO . Motion by Councilman Cramer ; seconded by Councilwoman Howell , WHEREAS , the Office of Court Administration for Town and Village Justices held their 1986 Summer Training Program at St . Lawrence University , July 21 , 22 , and 23 , 1986 , and WHEREAS , Justice Merton Wallenbeck attended the Advanced Course Seminar , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the attendance of Justice Merton Wallenbeck at the 1986 Summer Training Program . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . TOWN BOARD MINUTES RESOLUTION NO . Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the June 9 , 1986 Town Board meeting as presented by the Town Clerk . (Desch , McPeak , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none . Abstaining - Leary) . Councilwoman Leary stated that she had not yet read the June 9 , • 1986 minutes . PUBLIC HEARING TO CONSIDER ACCEPTANCE OF THE DRAFT GENERIC EIS AS THE FINAL GENERIC EIS ON THE REZONING OF LANDS ALONG FIVE MILE DRIVE FROM THE TOWN OF ITHACA/CITY OF ITHACA LINE TO THE ELMIRA ROAD (NYS ROUTE 34 ) , FROM RESIDENCE DISTRICT R9 , LIGHT INDUSTRIAL DISTRICT , AND INDUSTRIAL DISTRICT TO RESIDENCE DISTRICTS R15 , R30 , AND MULTIPLE (PARCEL N0 . 6-31-2-20 ) 0 Town Board 18 July 28 , 1986 Proof of posting and publication of notice of a public hearing to consider acceptance of the Draft Generic EIS as the Final Generic EIS on the rezoning of lands along Five Mile Drive from the Town of Ithaca/City of Ithaca line to the Elmira Road (NYS Route 34 ) , from Residence District R9 , Light Industrial District , and Industrial District to Residence Districts R15 , R30 , and Multiple (Parcel No . 6-31-2-20 ) having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Planner Susan Beeners states that there were two minor revisions that need to be made to the EIS . One page 5 , the acreas will be changed from 157 +/- to 151 +/- because 7 +/ - acres is currently under litigation . • Page 10 under "Unique Natural Areas " add the sentence : Coy Glen , a gorge and w000dland along Coy Glen Creek , is under private and public ownership . Page 8 , number 42 , omit Tax Parcel No . 31-1-3 . 1 . The Town Planner stated that tonight is basically a SEAR hearing to determine if the document is sufficient for filing as the Final Generic EIS . Councilman Bartholf asked why the rezoning had been proposed . Town Planner Beeners responded that the R9 zoning was never feasible also , there are a number of parcels in the flood plain that are zoned Industrial that are not appropriate for industrial development . She went on to say that the area could be industrial but it would be very expensive . The best use for this land is public open space land . The remainder of the land can best be developed as R30 or R15 when and if water and sewer is extended to the area . Ms . Beeners went on to say that her assistant had checked on the viability of rail sidings in this area . The general consensus was that the availability of rail sidings in this area did not offer significant potential for industrial development . Councilwoman Raffensperger pointed out a couple of little parcels in the area zoned multiple , she asked if they were legal ? Town Engineer Fabbroni responded that one parcel was legal non-conforming and the other parcel was rezoned before the multiple housing was built . Councilman Cramer asked Ms . Beeners if she had been able to identify other sources of Light and Heavy Industrial in the Town ? Ms . Beeners responded , no . This will be an ongoing project to identify new sites . Councilman Cramer noting the Cherry Street Industrial Site in the City questioning what the City ' s zoning was in comparison to the • Town . Town Engineer Fabbroni stated that this area will be taken into consideration in the study . Supervisor Desch remarked that the problem with this area of the Town is the cost of water and sewer extensions . This is why the Town has not actively pursued industrial development at this time . Town Board 19 July 28 , 1986 Councilwoman Raffensperger stated that when County Planning did a study of industrial sites , no good land for industry was found in the Town . Supervisor Desch responded that the South Hill area was listed as the best possible site in the Town . Town Planner Beeners added , the Five Mile Drive area was not designed in the study as good land for industrial development . Heintz Riederer , 496 Five Mile Drive presented to the Board the following petition containing 43 signatures of neighbors in the area to be rezoned : • "We , the undersigned neighborhood property owners , strongly support the rezoning of lands in the area of Five Mile Drive as proposed by the Town of Ithaca . This rezoning would further enhance the residential character of our neighborhood and is most suited to the natural beauty of the area . " William Jenks , 655 Five Mile Drive stated that he had lived at his present address for 32 years and that he was against the proposed rezoning . Councilman Cramer asked Mr . Jenks why he was against the rezoning? Mr . Jenks replied that the rezoning would be of no help to him . He went on to say that he through the zoning should be left alone as the Light Industrial zoning would bring jobs to the area . Mr . Roderick Elston , 736 Five Mile Drive asked what is the difference between Light Industrial and Residential ? Supervisor Desch responded if the area is rezoned as proposed , you can expect to have a few more residential houses in the area . There won ' t be much of an intense building in the area because of the nature of the land , be it Residential or Industrial . Supervisor Desch asked the Town Attorney what the next step was ? Town Attorney Barney responded , the next step is to accept the Generic EIS as the Final Generic EIS with lead agency response . Councilman Cramer asked if the boundaries of the unique natural areas and critical environmental areas could be shown on Map # 5 . Mr . Riederer asked what the next step was in the rezoning? Supervisor Desch responded , consider acceptance on the EIS September 8th , Mr . Riederer questioned , vote on September 8th ? • Town Attorney Barney responded , vote on the Generic EIS then set a date for a public hearing on the rezoning . Town Planner Susan Beeners added , there is a 10 day comment period after the filing of the final impact statement . Supervisor Desch added , the actual rezoning hearing would be in October . Town Board 20 July 28 , 1986 Councilman McPeak requested that the people in the area have a current copy of the Generic EIS made available to them before the hearing . As no one else present wished to speak , the Supervisor closed the public hearing . RESOLUTION N0 . Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on September 8 , 1986 to • consider acceptance of the Final Generic EIS on the rezoning of lands along Five Mile Drive from the Town of Ithaca/City of Ithaca line to the Elmira Road (NYS Route 34 ) , from Residence District R9 , Light Industrial District , and Industrial District to Residence Districts R15 , R30 , and Multiple (Parcel No . 6-31-2-20 ) . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) , ADJOUFW= The meeting was duly adjourned at 7 : 45 P .M . gClerf* •