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HomeMy WebLinkAboutTB Minutes 1987-01-12 TOWN OF ITHACA REGULAR BOARD MEETING January 12 , 1987 At a Regular 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 12th day of January , 1987 , there were : • PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Patricia Leary , Councilwoman ABSENT : Robert Bartholf , Councilman ALSO PRESENT : Robert Flumerfelt , Town Engineer John Barney , Town Attorney Mary Call , Board of Representatives Robert Berggren , Williams Glen Road James W . Mayer , The Mayer School Elizabeth Be Mayer , The Mayer School William Hooton , 1235 Trumansburg Road Eva Hooton , 1235 Trumiansburg Road Dave Auble , 410 Green Street Marjorie Rinaldo-Lee , Empire-Thamsen Bill Seldin , Attorney Mr . & Mrs . Dwight Van Sant , 136 Seven Mile Drive Mr . & Mrs . Richard Sullivan , 136 Seven Mile Drive Harry Patel , 654 Elmira Road Eleanor Sturgeon , 718 Elmira Road Nansen P . Josselyn , 152 Seven Mile Drive Tracie Evans , 174 Calkins Road Elsie Sheldrake , 806 Elmira Road George Sheldrake , 174 Calkins Road Sybil Phillips , 721 Elmira Road Joan Reuning , 167 Calkins Road Mark Tomlinson , 224 Bostwick Road Linda Loomis , 167 Calkins Road George Dickman , 136 Seven Mile Drive Larry Phillips , 167 Calkins Road Dorothy L . Negley , 136 Seven Mile Drive Paul D . Lukas , 136 Seven Mile Drive Don Josselyn , 152 Seven Mile Drive Representatives of the Media : Scott Pesner , FM 93 (WVBR) Debbie Munch , OK 100 /WKRT Fred Yahn , Ithaca Journal Rob Jason , Channel 7 Ken Hughes , Channel 7 PLEDGE OF ALLEGIANCE TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT December 9 , 1986 to January 12 , 1987 Robert E . Parkin - Installation of Forest Home Drive One -Way Experiment Signs , Barrels , Mailboxes Snow Plowing and Sanding - Trees and Brush Snow Removal on Forest Home Bridges , Walkways , Storm Grates Installation of Resident Culvert on Dove Drive Guide Wire Repairs REP / nf 1 / 9 / 87 w • • r P-- < o o �oot 1 -< O o t.0o ,D N 3 Loo 'LOOLDOI'D m O ol o o Iv O (D <71 w t-o Q n ' n 00 00 00 00 ooc I0) Cot 'h (u N (D m to ? m I 0 .� CD 3 -h O CD O rr in O N V cot m 41 0) Q O 0 N O O R � � wwW 3 O ro � r + � N owitnwv � � Ln W C -h 0 0 0 Lo Lo �o I iu 7 Vl tD N F - Vl 1--+ D) OW V a� cnm Q NNViOOO� ((DD ((D �1 ` 0 0 0 ► + ft rt ml 7 333 33 m Z 33. 3333 o_ �4 " CCOO .o j � � m Nwwww u m(ncn (n cn (nucn `t `t C-t c* c* 0 w F CL I c o. m La -n c co La W C) 0 n m Z N m o. • w .r v, N D 3 C w r" "I Ct rn M . 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Town Board 2 January 12 , 1987 The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report 1987 Objectives Supervisor Desch stated that he had virtually finished his draft statement of objectives . These will be forwarded to the various boards for dicsussion within the next couple of weeks . Water & Sewer Extensions Supervisor Desch stated that for planning purposes , keep in mind the following proposed schedule for the new project . ( 1 ) Present Engineer ' s Report February 9 ( 2 ) Set public hearing on February 9 for March 9 ( 3 ) March 9 establish improvement ( 4 ) April 10 Referendum period is over , release for bids ( 5 ) May 6 open bids ( 6 ) May 15 award contracts He went on to say that in the Engineering Report you will see the following . addition of Campbell Avenue , remainder of West Haven Road sewer - addition of Warren Road water to serve properties currently served by Cornell University system - elimination of the South Hill extensions and connection between zones on East King Road because of a mixed response from people on Coddington Road , King Road - elimination of the sewer link near the old hospital heating plant due to limitations in the City system at Cass Park Building Inspector/ Zoning Officer Training Supervisor Desch noted that the Town Building Inspector/ Zoning Officer is taking the first series of code enforcement courses at Montour Falls this week . Umbrella Insurance The Supervisor stated that we are likely to get our excess liability coverage very soon but the premium will be high . Engineer ' s' Report Town Engineer Robert Flumerfelt thanked the Board for appointing him Town Engineer . The Town Engineer went on to say that since the last meeting on December 31st , he wanted to update his report by a couple of items . The repairs to the Coddington Road pump station are being done today , he stated that he assumed that by now all the work had been completed . The Judd Falls Road one-way experiment has been started , he stated that he had had very little cxit todate and he assumed this was good . Mr . Flumerfelt noted that he had received one letter from a local resident saying they were very favorable to the one-way . We may have a few bugs to be ironed out during the course of the experiment but it seems to be working fairly well . Councilman Cramer questioned the trees that were removed from Forest Home Drive , asking if these trees are involved with the one-way program we are talking about? Town Board 3 January 12 , 1987 Supervisor Desch responded no , they were two hugh sycamore trees , that are down by the Cornell water plant , right on the very edge of Caldwell Road . As a matter of fact , some years ago they cut part of the trunk away because the trunk had grown over the edge of the road . Councilwoman Howell asked if the Town was monitoring the Forest Home one-way street? She stated that she used it once and at that time there was a truck , quite a large truck , that came underneath the underpass and around and could not make the corner . It held up the traffic for quite a while . Supervisor Desch responded that the Town was monitoring the one-way • but a truck coning in that direction should not have anything to do with the one-way . Supervisor Desch asked Councilman Cramer if he had anything to report on since Highway Superintendent Robert Parkin was not at the meeting . Councilman Cramer reported that the Highway Conmitttee met Thursday night and spent three and one-half hours reviewing the Highway Annual Report which Mr . Parkin is going to give to the Board . He then highlighted the report noting that Item No . l deals with salt and sand used . He noted that in 1986 there was a substantial decrease in the amount of salt used on Town roads , this is the result of a directive from the Board to the Highway Committee based upon a study done by a former Board Member , George Kugler . The increase in sand offsets the decrease in salt used and is better for our roads and consequently better for our vehicles . Item No . 2 deals with miles of roads that were paved and treated . If you notice the amount of roads that were pave you will note that we only paved a 1 . 52 miles and that is because we ran into difficulties both in the Forest How Drive area and the Kay Street-Orchard Street areas of the Town . Both areas are scheduled for paving in next years highway program and are carried over from this years program . The road mileage , Item No . 3 , is up we now have 40 . 80 miles of road , we have 117 roads as opposed to 115 roads that we had in previous years . The amount of oil for surface paving is down , corresponding to the amount of paving and surface treating the Town was able to do last year . You note Item No . 2 , the Town only paved 1 . 81 miles as opposed to 5 miles the previous year and 6 miles the year before . The reason for that was that we were involved in both the Burns Road project and Forest Home reconstruction and the gabion wall project which took a great deal of time , time our highway department would normally have been out either surface treating or paving . These are Board decisions and we have a small department , even though it will be bigger next year based on the two new men we have added , it is still small and it takes time to gear up to these type of projects . Item No . 5 , I wish Bob were here to explain the amount of material that was actually used in our paving projects . The significant number in the 1986 highway report is the amount of crushed limestone that was used which is 5 , 073 tons . That was used mostly for the Burns Road project . The other major item was the hot mix 3 , 044 tons that was • used in the washout at Forest How Drive . I asked about concrete and cobble stone as we have never seen them in the year end report , both the concrete and cobble stone were used in the construction of the gabion wall and the wall on Forest Hone Drive . The most significant number in the entire report we feel , was the number of overtime hours which was 651 in comparison to 531 the previous year . That ' s substantially up , we had a lot of overtime related to the Forest Home and Burns Road projects both of which we felt it was important to keep the men on the job to get the amount of work done during the crutial paving period so that we would be able to do the other projects , the brush work , the limb work , tasks that we Town Board 4 January 12 , 1987 should get done in a timely manner . The Personnel Committee will be reviewing the overtime requirements and overtime views that the Highway Department have set forth this week in their meeting , so the amount of overtime will probably come down , we hope substantially in the next year . If you look at Item No . 7 you might ask how much does it cost the Town of Ithaca for gasoline , for unleaded fuel and for diesel fuel ? It cost the Town of Ithaca 51 cents a gallon for regular gas , 51 cents for unleaded gas and 70 cents for diesel fuel . We could get into the equipment repairs and mileage but that was pretty much given to the Board in the Engineer ' s and Highway Committee ' s Report that was given the end of last year . Parks Manager ' s Report Supervisor Desch asked Rich Schock if he had any comments to add to his written report . Mr . Schock responded , he had no comments to add , basically as you can see , we were cleaning up some odds and ends , minor brush work . The lead item , the relocation of the Dewitt exercise trail , that we hope to accomplish early on in the construction period this year . Also , we expect to work out a formal agreement as to the maintenance of the trail . Supervisor Desch asked where was the new City water transmission line going in relation to the reservior , roughly? Town Planner Susan Beeners responded that it was going below Commonlands . We just received the plan for that and haven ' t really looked at it . Councilwcman Raffensperger asked if the entrance or whatever it was that was painted or knocked down up at Eastern Height on Holloween been repaired? Rich Schock responded that what we ended up doing was using graffitty remover on a couple of different occasions to try to remove it . It lightened it up quite a bit but you can still read its Councilman Cramer asked , in relationship to the Dewitt exercise trail and its movement , why are you relocating it ? Rich Schock responded that apparently it encroaches on the apartment property to the north in the back for approximately 200 feet and included in that are a couple of the exercise stations . Supervisor Desch remarked that it will be necessary to know what the cost of the relocation will be prior to going ahead and doing its REPORT OF COUNTY BOARD OF REPRESENTATIVES County Board of Representative Mary Call reported that the County has been very concerned about the traffic light at Route 96 and the • Hospital entrance . The State has agreed we really need it and that it should be constructed early in their construction season , not whenever they get to it , so it may be installed in July or August . She noted that the first maps showing proposed sites for the landfill are available for inspection , however , it is still being refined . We are asking all municipalies to remain interested even though a landfill may not be located in their Town as the DEC approval will include a recycling component and may be the recycling will be a County wide funtion , it is being looked at by our Committee and some form of it may be needed to get the land accepted to get cut down what goes into the landfill . Also , the Town Board 5 January 12 , 1987 snow contract will soon be ready for distribution . The County changed the law allowing the higher senior citizens exemption , which I see you are in the process of looking at . Supervisor Desch asked if the new map had been sent to the Town? Mrs . Call responded , in December it was requested that the map be sent to the Town . It is the one that was printed in the Ithaca Journal . Bob Berggren stated that he had a question on the landfill , has the Committee looked into any type of system for burning garbage ? Mrs . Call stated that this was one of the next steps . She told Mr . Berggren that if he is interested in what the Committee was doing she would be glad to put him on the mailing list . Phase I involves choosing a number of candidate sites for the landfill and Phase II is looking into all the alternatives , whether its recycling , burning , transfer stations , bailing or whatever . Councilman McPeak noted that Broome and Tioga Counties were about to embark on a burning project . Now they cannot supply the total tonage required . Is there any effort or anybody looking into the possibility of trucking from here to the proposed Broome/Tioga site? Mary Call asked Councilman McPeak if he was talking about cooperation with NYSEG or that new private one ? Councilman McPeak responded the new private one , some man from Pennsylvania . Mrs . Call responded that we have been meeting with the four Southern Tier Counties looking at all the possibilities . The trucking costs have not specifically been updated since last looked at in the late 170 ' s . Councilman McPeak remarked that Broome County could not possibly supply the tonage needed alone . Mrs . Call responded that none of us can , that is why we have had meetings with the Southern Tier Counties . FINANCIAL REPORT The December Financial Report is not ready , at this time , therefore no action will be taken this evening . ENCUMBRANCES AND TRANSFERS RESOLUTION NO . 1 Motion by Councilman McPeak , seconded by Councilwoman • Raffensperger , RESOLVED , that the $ 16 , 000 authorized borrowing by Burns Road Capital Project from 1984 Sewer Improvement Capital Project be repaid to allow the Sewer Capital Project to be closed , and BE IT FURTHER RESOLVED , that Burns Road Capital Project be authorized to borrow $ 13 , 000 from Drainage Capital Project to be repaid upon receipt of final grant payment . Town Board 6 January 12 , 1987 (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . RESOLUTION NO . 2 Motion by Supervisor Desch , seconded by Councilman Cramer , WHEREAS , the 1984 Water Improvement and 1984 Sewer Improvement Capital Projects have been completed , IT IS HEREBY RESOLVED , to closed these accounts as of December 31 , 1986 , and transfer unexpended balances to the Debt Service Fund to • be used for payment of principal and interest on the outstanding Public Improvement Serial Bonds issued in May 1986 to finance these Projects . The unexpended balance of the 1984 Water Improvement Capital Project is $ 11 , 356 . 83 and the 1984 Sewer Improvement Capital Project is $65 , 458 . 95 . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . RESOLUTION NO . 3 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the 1986 Year End Transfers a copy of which are attached to the minutes , amounting to Townwide Transfers of $ 15 , 637 . 33 ; Parttown Transfers of $ 8 , 441 . 94 ; Highway Transfers of $ 35 , 466 . 53 ; Water Fund Transfers of $ 562 . 65 , Capital Projects Transfers of $ 998 . 40 and Federal Revenue Sharing Transfers of $5 , 790 . 92 . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none) . RESOLUTION NO . 4 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the 1986 Year End Transfer of $ 63 , 000 to the Sewer Fund . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Supervisor Desch stated that the $ 11 , 200 proposed encumbrance in the General Townwide for the Village of Cayuga Heights for the Pleasant Grove Walkway should not be encumered . RESOLUTION NO . 5 Supervisor Desch stated that the $ 11 , 200 for the Pleasant Grove walkway to the Village of Cayuga Heights should not be included as the project will be paid for over a four year period , one payment a year , starting the year the project is completed and accepted . Motion by Councilman McPeak , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the 1986 Encumbrances ( list attached) excluding the $ 11 , 200 to the Village of Cayuga Heights . * 0 'o :fit 0 51JI its }J. :3 f ii Cn 0 1 V J z n Q s �u Y n C7 70 m �• fP % < n L m z H tZI m m D D D D :D n :D Dv D DDS m z �? 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IVI iyl ,�/ Ivf 1;, IV Y rb i� r'a INA a% r:) ii %4 0 t:a U C:4 .p L4 0 to 0� • • • • 9 a O • ! • O O O a i J 00 v Ics co C, C4 P t:1 CR r:} 114 a 1986 Encumbrances GENERAL TOWNWIDE A3310 . 400 Ithaca Agway. Farm Store 234914 A3310 . 400 Ithaca Building Center 163 . 69 A3310 , 400 Capital Highway Materials 294 . 40 A5132 . 412 Stearns & Wheler . 59000 . 00 • V . TOTAL 169892 . 23 r-. GENERAL OUTSIDE VILLAGE B7140 . 202 Maple Leaf Farms 19841 . 40 B7140 . 202 Maple Leaf Farms 42 . 00 B7140 . 402 Ithaca Building Center 543 . 39 B7140 . 402 Park Seed Co . 161995 B7140 . 402 Kurt Bluemel Inc . 398 . 85 B7140 . 402 Cayuga Signs 144900 B7140 . 402 - Cayuga Landscape 100000 B7140 . 402 White Nurseries 200900 B7140 . 402 Printer Gallery 370 . 00 B7140 . 402 Cornell University 340 . 00 B8020 . 200 Action Audio 111 . 85 B80209400 Acrographics 231 . 66 B802Oe4OO Cornell University 300 . 00 TOTAL 4 , 785 . 10 HIGHWAY DB5110 . 451 Ithaca Agway Farm Store 8008 DB5130 . 200 Charles J . Blackwell 7 , 000 . 00 DB5130 . 200 Spencer Ford Sales Inc . 343, 317 . 51 DB5130 . 460 Crispell Automotive Inc . 21009 . 10 DB5130 . 460 Ames Southern Tier 40 . 97 DB5130 . 460 William T . Pritchard Inc . 12 . 32 DB5130 . 461 RAK Industries 89 . 99 DB5140 . 400 Ithaca Agway Farm Store 18 . 79 DB5142 . 450 Agway Petroleum 133 . 61 DB5142 . 450 Agway Petroleum 4 . 00 TOTAL 43 , 634 . 37 WATER F8340o470 Badger Meter Co . 300 . 00 F8340 . 470 Jones Water Supply 200 . 00 F8340o470 Jones Water Supply 1 , 100 . 00 F8340 . 470 Ithaca Wnolesale Supply 209 . 00 F8340 . 470 Jones Water Supply 200 . 00 F8340 . 470 Corrpro Companies 1 , 425 . 00 F8340 . 470 Ingrahm Construction 19018 . 78 F8340 . 481 Louis Picciano Sr . Corp .. 102800000 TOTAL 15 , 252978 1986 Encumbrances FEDERAL REVENUE SHARING CF5130 . 200 Charles J . Blackwell 102000600 CF8340 . 480 Cornell University 300 . 00 CF8120 . 483 Cornell University 300 . 00 TOTAL 101600 . 00 CAPITAL PROJECTS r . H5110 . 200 Cornell University 12250 . 00 Town Board 7 January 12 , 1987 (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none) . ASSISTANT TOWN ENGINEER RESOLUTION NO , 6 Motion by Councilwoman Howell ; seconded by Supervisor Desch , Councilwoman Raffensperger asked where the decision came from that a four year degree was not necessary for this position? • Town Engineer Flumerfelt stated that his thinking in drawing this up was that this was to be a rought draft of the Assistant Town Engineer job description and my thinking on this was to place the educational background and experience somewhere in a category somewhat between that what would be required for the Assistant to the Engineer and the Town Engineer . A medium ground so to speak and I though after three years of education in a university or college course leading to a degree in civil engineering that the educational backgound would be a sufficient requirement for the Assistant Engineer ' s duties . It could be argued either way . Supervisor Desch responded that normally this procedure would come before the Personnel Committee and it ' s certainly appropriate to do in this case , however , as you know, during the interviewing process we felt that it was relatively urgent matter to move forward so if it ' s the pleasure of the Board to suggest that the education requirement be a four year bachelor degree , I think it ' s appropriate . Of if there is sufficient question in your mind of any other aspects , it ' s certainly better to look into it further before you decide . Councilman Cramer stated that he had a question on the need , but it has been determined that there is in fact a need for this postion . I obviously have a concern as to the parameters of the budget as it relates to the amount of money available for this position . Also , I have a feeling the Personnel Committee , since it is meeting this week , will review this document and give it a little more direction , since it is a draft document and really was not intended for Board review at this particular junction of time . Supervisor Desch responded that the money for the position is available in the budget . Councilman McPeak stated that he would like to see the four years education requirement . It give a little more flexibility . Then the person is able to pursue a PE license without further problems . Councilwoman Raffensperger suggested to make it consistent , make it two year degree with two years of experience . Supervisor Desch felt the Board should either go with the four year requirement or if you leave it two year college and talk about two years experience it ' s not necessarily going to be equivalent . If Your talking about what Councilman McPeak is taking about a PE , two year of college and two years experience is not going to get you that , probably , except in a very special case . RESOLVED , that the Town Board of the Town of Ithaca hereby approve the job description for the position of Assistant Town Engineer , within the parameter discussed of requiring a four year bachelors degree , and authorize the placement of an advertisement in the newspaper for the position . Town Board 8 January 12 , 1987 (Desch , McPeak , Raffensperger , Howell and Leary voting Aye . Nays - Cramer) . SET DATE FOR PUBLIC HEARING TO CONSIDER REZONING OF CERTAIN PROPERTY ON DANBY ROAD Supervisor Desch noted that these are basically single family residents on Danby Road that petitioned this Board to be rezoned back from Multiple Residence to R-9 . This does not include the parcel that the Planning Board is considering for the thirty family multiple housing project . RESOLUTION NO . 7 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 6 : 30 P .M . , on February 9 , 1987 to consider the rezoning of Town of Ithaca Tax Parcels No . 6-43-1-7 , 6-43-14 , 6-43-1-9 and 6-43-1-10 , located on Danby Road from Multiple Residence District to Residence District R-9 . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . OPEN SPACE LAND - RICHARD G . AND THERESA L . BERGGREN Supervisor Desch noted that the Board had a draft deed on the Campton Road property relating to the subdivision approved by the Planning Board with the set aside for park land which you have seen . The basic question is whether or not the Town Board wished to take title to this piece of property now understanding that the Planning Boards intention was that perhaps it was not needed by the Town right away but that there be some provision whereby Mr . & Mrs . Berggren could use the park land until such time as the Town chose to develop it . Town Attorney John Barney stated that in general this was right . Mr . Barney showed on a map a piece of land in the corner . Originally this was going to be subdivided and further subdivided in stage II , then this land would be set aside for park land . Now Mr . Berggren has cane in and the Planning Board has approved no further subdivision of what is stage II . Normally we would not have brought this park area to you until we had gotten through the entire subdivision but now it appears that stage II will remain one big lot , the question is do we take title to this property now or do we do it later . If we do it later and it ' s principally my concern , is that it is going to fall through the cracks and it will never be done . The Planning Board did specify that there was to be a set aside of the corner piece there . The problem I have with the deed , and there was some discussion what was going to happen to that land , we don ' t want it for a park right now. Number one there is not sufficient volume of people there to use as a park and Number 2 the maintenance and keeping it up for what would be the mini= usage of it doesn ' t make much sense . The piece is about an acre and one-half and could be combined with other adjoining land to be set aside from future developments in that area . We also need to get a right-of-way to it . The deed that canes to us from Mr . Berggren ' s attorney has a provision in it for the Town if it wants to accept the deed at this time and terms for which that acceptance is going to occur . The language that was presented I had a legal problem with from two aspects . If you look at the deed it reserves to Mr . and Mrs . Berggren together with their assignees the right to use the land until the time the Town uses it for park Town Board 9 January 12 , 1987 or other purposes . I don ' t think I have too much concern with the reservation to the Berggrens , but I am beginning to have reservations with the word assignee because it does not limit the assignees or who they might be or under what circumstances they might occur . The other item that I don ' t think we have in very many of our other of our deeds , is the reversion of the property to the Berggrens or their assignees if we no longer use it as a park purposes . Supervisor Desch suggested that the paragraph be removed and the land be leased to the Berggren ' s . The Town Attorney stated that he agreed . Some sort of license be • given to the Berggren ' s . Mr . Berggren stated that he had a problem with that because when I originally came to the Town with the original plan for stage I and II , Peter Lovi , who was here at that time , indicated to me several times that we would be able to retain possession of this property as open space . We had to set this open space aside nothing could be built on it but we could keep possession of it for our own use and then in the transfer of Peter leaving and Susan caning in , in fact in the minutes of final subdivision approval of stage I and preliminary of stage II there was no requirement that that open space be deeded to the Town . It ' s only in transfer of personnel that then they decided they wanted the open space . So , I guess really I have a problem with that . I really don ' t want to give up the property , I had been led to believe that I was going to be able to keep it and of course I do have a horse , my wife has a horse and she keeps it there to pasture . So if I agreed to deed it to the Town with the condition that I was able to continue to use it for a pasture until the Town wanted it for a park . Councilwoman Raffensperger remarked to the Town Attorney that this was not in dispute was it ? You are not concerned with the Berggren ' s using the property? The Town Attorney responded , no . I 'm concerned about how the mechanics of that ' s going to be implemented . Mr . Barney went on to say that there is no question that the subdivision regulations require a set aside of land and that set aside is normally in the form of a conveyance to the Town , a complete conveyance to the Town . I don ' t know what Mr . Lovi may or may not have agreed to but the last word from the Planning Board was that they were looking for unequivical deed . Mr . Berggren remarked , yes they changed . Mr . Barney responded , when you changed your program . Mr . Berggren responded yes when I changed my program from dividing into four lot to one so if anything it should have lessened the requirements rather than increase . Another thing since I am giving it unwillingly , and I am really giving it unwillingly , that ' s why I felt that if the Town decides that it doesn ' t want to use it and ® wants to dispose of it , it should go back to either myself of my assignees , in other words , my heirs , my children or whoever might be at the property at the time because it does connect to my properties . Councilman Cramer asked , how far along are we in the Planning Board review of this project ? Supervisor Desch responded , it is done , completed . Town Board 10 January 12 , 1987 Town Attorney stated that they are at the point where a building permit could be issued for construction on what is stage II , the big piece subject to the resolution of this question . Supervisor Desch stated that it sounded to him like we should take this paragraph out but with the understanding that we would consider a lease agreement with the owners . RESOLUTION NO . 8 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby directs • the Town Attorney to prepare , and the Supervisor to execute a lease agreement giving Mr . & Mrs . Robert Berggren , 136 Compton Road use of the proposed park land until such time as the Town of Ithaca wishes to develop said land for park purposes . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER LOCAL LAW ON THE REZONING OF A PORTION OF THE LANDS OF THE FORMER GRAND LODGE AND FORMER INFIRMARY OF THE INDEPENDENT ORDER OF ODD FELLOWS LOCATED AT 1251 TRUMANSBURG ROAD Proof of posting and publication notice of a public hearing to consider a local law on the rezoning of a portion of the lands of the former Grand Lodge and former Infirmary of the Independent Order of Odd Fellows , (more recently the lands of Statler , West - Cornell University) located at 1251 Trumansburg Road , Tax Parcel No . 6-24-3-3 . 2 , from Residence District R-30 to Special Land Use District (Limited Mixed Use ) having been presented by the Town Clerk , the Supervisor opened the public hearing . A man in attendance asked what Mr . Mayer proposed to do with the property , we ' re in the dark on it? Mr . Mayer responded that the intent in purchasing the property by Joe Ciaschi and the Mayer School from Cornell University and the original Grand Lodge is to be used for the Mayer School . The third floor of the Grand Lodge , which is not acceptable for use as a school because of no fire escapes , we would prefer to use as an apartment for the caretakers . For the infirmary , the building immediately adjacent to the Grand Lodge , Mr . Ciaschi proposes to put purely professional offices in there , such as stockbrokers , medical offices and this sort - art gallery . One of the people who has contacted him is interested in an art gallery . The man in attendance asked if this constituted the rest of the land way down behind? Supervisor Desch responded no . There is a map showing the parcel involved , 10 . 2 acres . • Mr . Mayer stated that it was primarily the land around the buildings and up to Trmmansburg Road . As no one else present wished to speak , the Supervisor closed the public hearing . Councilwoman Raffensperger asked if all the restrictions included in the Planning Board resolution were in in the Town Board resolution? Town Planner Susan Beeners responded , yes . Town Board 11 January 12 , 1987 RESOLUTION N0 , 9 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance for the proposal of Joseph Ciaschi and James Mayer , located at 1251 Tr u ansburg Road , subject to conditions imposed by the Town of Ithaca Planning Board . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none) . LOCAL LAW NO . 1 - 1987 Motion by Councilman Cramer , seconded by Councilwoman Howell , LOCAL LAW NO . 1 - 1987 TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER COR U LL UNIVERSITY STATLER WEST COMPLEX The Zoning Ordinance of the Town of Ithaca as readopted , amended , and revised effective February 26 , 1968 , and thereafter further amended , be further amended as follows : 1 . Article II , Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No . 4 " . 29 The uses permitted in Special Land Use District No . 4 are : (a) any use permitted in an R15 residence district ; (b) professional offices , such as medical offices and laboratories ( subject to the further provisions stated herein) ; (c ) art gallery (d) up to two residential apartments . 3 . Notwithstanding the foregoing , no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise , odors , smoke , fumes , vibration , glare , electronic interference , radiation , or if the use involves substances or devices that may cause harm due to their hazardous nature . No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board . 4 . Any use in this district shall be governed by all of the requirements , including parking , sideyards , setbacks , building coverage , accessory uses , and similar requirements , of the most restrictive district (other than this Special Land Use District (Limited Mixed Use ) ) in which such use is permitted by other terms of this ordinance . 5 . In addition to the requirements and restrictions imposed by any other district , there shall be no new construction in this Special Land Use District unless and until all of the requirements Town Board 12 January 12 , 1987 of this ordinance have been complied with and , in addition , the following requirements to the extent not required by other provisions of this Ordinance : ( a) The exterior design , specifications , and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board , and any construction thereafter shall be in accordance with said site plan as finally approved . In determining whether or not to approve the site plan , the Planning Board may employ the • same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance . (b) Building permits shall be required for any construction , including construction of signs and outdoor lighting facilities . Such permits shall not be issued until the Planning Board has approved the design and specifications therefore . (c ) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board , in it discretion , determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District . (d) Any construction for which a permit is granted shall comply with all applicable laws , codes , ordinances , rules and regulations . 6 . The area encompassed and rezoned in accordance with this local law to Special Land Use District No . 4 is described in a Schedule A to this local law . THe Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described . 7 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . 8 . This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York , whichever is later . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 1 - 1987 , was thereupon declared duly adopted . SET DATE FOR PUBLIC HEARING TO CONSIDER INCREASE ELDERLY FXEMPTION Town Board 13 January 12 , 1987 RESOLUTION NO . 10 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 6 : 45 P .M . , on February 9 , 1987 to consider an increase in the elderly exemption . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . ANNEXATION Town Attorney John Barney stated that the annexation under consideration is the annexation by the Town of the property presently in the City and almost simultaneously the annexation by the City of the property now located in the Town . We need a survey of the land proposed to be annexed as the boundaries are not clear . RESOLUTION N0 , 11 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Attorney to obtain the services of a surveyor to survey the properties to be annexed to the Town of Ithaca at a cost not to exceed $ 2 , 000 . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 12 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that a notice , per General Municipal Law procedures , be given to the appropriate taxing entities on the proposed annexation . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . ASSOCIATION OF TOWNS MEETING RESOLUTION N0 , 13 Motion by Councilwoman Raffensperger , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby designate Councilman McPeak to attend the annual Business Session • of the Association of Towns of the State of New York , to be held at New York City , on February 18 , 1987 and to cast the vote of the aforesaid Town , pursuant to Section 6 of Article III of the Constitution and By-Laws of said Association , and FURTHER BE IT RESOLVED , that in the absence of the person so designated , Councilman Bartholf has been designated to cast the vote of said Town . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . Town Board 14 January 12 , 1987 TOWN OF ITHACA WARRANTS RESOLUTION NO , 14 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated January 12 , 1987 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 93 , 343 . 84 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 37 , 202 . 59 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26 , 810 . 93 • Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29 , 977 . 88 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 512 . 44 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 07 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . $ 5 . 85 (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 , 15 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated January 12 , 1987 , in the Operating Account are hereby approved , in the amount of $ 71 , 256 . 97 after review and upon the recommendation of the Southern Cayuga Lake Interco micipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW ON THE REZONING OF A PORTION OF THE LANDS OF PAUL A . JACOBS , LOCATED AT 136- 146 SEVEN MILE DRIVE Proof of posting and publication of notice of a public hearing to consider a local law on the rezoning of a portion of the lands of Paul A . Jacobs , located at 136-146 Seven Mile Drive , Town of Ithaca Tax Parcel No . 6-33-2-2 and a portion of Tax Parcel No . 6-33-2-1 , from Residence District R-30 to Residence District R-5 (Mobile Hone Park District) having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that he would start by asking if there are any specific questions on the part of any persons on the matter of the Environmental Assessment which has been prepared and previously reviewed and also previously determined to be a project of negative significance . The recommendations of negative significance was reaffirmed by the Town Planner on December 2nd . Does anyone have • ant specific question about the way the Environmental Assessment Forms have been filled out? Any particular questions on one aspect of that or another? If not , we will proceed to ask if there is anyone here wishing to speak in favor of or against the revised development proposal . Does anyone have any questions as to how the current proposal compares to the original proposal ? Are there any specific questions on that? Since there is no response , I will then ask if there is anyone here who wishes to express concern about the recomTiendation that the Town Board has before it from the Planning Board . Town Board 15 January 12 , 1987 William Seldin , Attorney asked , you mean with respect to rezoning? Supervisor Desch responded , right . Mr . Seldin stated that he thought at this point Paul Tavelli was going to lead off and that he would follow with some brief comments . Paul Tavelli , Attorney noted that just briefly he was going to pin this map up which again I would like to be an exhibit before the Board . He stated that again he would like to introduce himself as Paul Tavelli and along with Bill Seldin we represent a number of neighbors in the vicinity who are opposed to the rezoning . Basically our clients are shown in red ( on the map) . Basically the proposal is the white area here (Jacobs ) and the white area down here is owned by the Town of Ithaca . So they obviously are not our clients . But the rest of the area in red are our clients and again we are going to file a petition with the Board which is signed by at least 20% of the people who own contiguous areas which under the law then requires that a vote of this Board be six affirmative votes to approve the rezoning . I see you only have six members here instead of seven so it requires a six - zero vote . And again speaking as an Attorney I believe this proposal to be spot zoning at its very worst . Now John Barney can fill you in on what spot zoning is and what it isn ' t but obviously by the very looks you are taking one small parcel in the middle of an area owned by one person and rezoning it and to me that is textbook spot rezoning . Which the courts , in my opinion , and I think John can discuss it with you later if you ask , that is improper unless you ' ve had comprehensive planning to go along with it . Supervisor Desch asked if he could interupt for one second , he then pointed out that there were available seats for those people who were standing . Mr . Tavelli then went on to say that the type of planning that would have to go along with this would be two fold . One is , planning with respect to where mobile hone parks should be placed in the Town of ithaca . Now I was given many , many months ago a draft of what was reported to be a study with respect to mobile hone parks in the Town of Ithaca . I haven ' t been able to get a final of that draft . Back in October I wrote the Town and asked for a final draft . Just let the record show that I am filing my petition with the Clerk , also . But I maintain to this group that this is really spot zoning in it ' s very worst when you take one mans parcel , one persons parcel in the middle of a zone , rezone that and have no other planning for all the area surrounding that particular parcel , that ' s textbook , law school spot zoning which I would contend is absolutely improper . Now , obviously these hearings have been going on for months and months and months , they keep getting smaller and smaller but I would ask a show of hands for how many people are here fron the neighborhood opposed to the particular project? He went on to say , after counting , that the record would show at least 10 opposed to the particular project . Mr . Tavelli noted that obviously these hearings go on and on and sometimes people win these things by attrition , people get tired of coning to the particular meetings . I have talked to most of the people in the " red" area and they are still adament about concerns to their water and sewer supplies , and to traffic and they still have all these concerns that they don ' t feel have been addressed . I believe my partner Bill Seldin has someone here tonight that can address som of those concerns . We really don ' t feel the Town has addressed those problems satisfactorily . Town Board 16 January 12 , 1987 William Seldin introduced himself noting that he was co-counsel representing the residents in the community that are opposed to the proposal . He then asked the Supervisor if he was corrent in understanding that their previous comments and concerns that . have been made during prior hearings are still a matter of record with respect to this? Supervisor Desch responded , yes . Mr . Seldin went on to ask , then there was no sense in reinterating anything? Supervisor Desch responded that would be appreciated unless you • have new information . Mr . Seldin stated that the new information they intended to explore , I hope will be most helpful to this Board in the considerations with respect to the proposal , have to do with the impact of the water supply and the utilization of water in the project . Time and again I have gotten up before this Board and I have stated on behalf of the residents that there are genuine concerns with respect to water and sewer , particularly with respect to water that we feel have not been adequately explored by way of testing or otherwise . I think at prior proceedings , Larry Fabbroni indicated that in his judgement this had been accomplished and we went back and forth and finally again at the last Planning Board meeting it was suggested to me by John , I believe , that it was an appropriate issue to be addressed by somebody with some expertise in the field . John , I am here tonight to tell you that I heartly agree with you . And the last time I got up I stated that with an expert looking into the situation perhaps we would know one way or the other . He stated that he was pleased to introduce tonight , Marjorie Rinaldo Lee , who is with the firm of Empire Thompson , they are hydro geologists and her expertise and background consists of a B . A . in geology from Mount Holoyoke , a Master of Science in geology fran the University of Wisconsin , Water Resources Management , again an M . S . from the University of Wisconsin and on top of that education she has eight years in the field , pratical work experience , three of which occurred in the State of Wisconsin and of course most recently , five years in Tompkins County . We have , prior to tonight , requested Marjorie to address specifically whether or not the testing that was accomplished was adequate to determine whether or not any of the adjacent property owners should have concern and I should preface Marjorie ' s remarks by saying quite candidly that it was something of a gamble on our part but it would lay to rest once and for all , our concerns . Marjorie Rinaldo Lee stated that the residents had asked her to look at the questions concerning wether there was enough water in the area to supply hones , but really what they were really concerned about is whether pumping from a new well would have any impact on their homes because there had been historical water problems in the area with wells going dry so this was a legitiate concern of theirs that if there was a new water supply developed with more water being pumped out what impact would that have on • their wells . In looking at this issue , the data I had to review was a test done by Mr . Roger Howell who is a well driller in the area . He ran a test on the well that is being proposed and beyond that I had a copy of the map that Mr . Albern prepared of the proposed site to review and various letters between the engineer which didn ' t have as much to do with what I looked at as the test that was run by Mr . Howell . Before I go on explaining what my conclusions were on this test I will explain a little bit about wells , well hydraulics and how they work . When you pump a well , what happens is in order to get the water there is usually what they call draw down in the well . The static water surface drops in Town Board 17 January 12 , 1987 the well when you withdraw the water and when it drops in the well it also drops in the areas near by the well . So if you have a well that ' s near the well being pumped you can measure drop in that well also . This drop will extend in a form geologist call cone of influence , it ' s a cone area that ' s influenced . In order for geologists to determine how far this will extend , whether you would have a cone of influence fran a well , normally one runs a pumping test and these pumping tests consist of pumping a well for at least 24 hours and then you have to monitor wells adjacent to the pump well to see how much it drew down and then you have to take measurements periodically during the time that you run the tests so that you can extend the data that you collect for a long term pump test and if you don ' t do it this way then you will have one point measurement and you can ' t say I pumped a well for 10 hours and got this much draw down , you don ' t have enough data to say if I pump a well for a year what ' s the draw down in that well going to be and how far is it going to extend . What they did here ( I have a little diagram that shows the cone of influence ) when you pump a well the well pumping is going to have the most draw down and the areas adjacent , there will also be some draw down but not as much . It all depends on how far this cone will extend and that depends on how much you are going to pump out of the well and the type of material that you ' re pumping out of . In the well test that was run by Mr . Howell , they ran it for a little over 24 hours , it was for probably 28 . I guess , it ran from ten in the morning , one morning to twelve noon so that would be 26 hours the next day . They measured 30 ' of draw down and they pumped at 10 gallons per minute but there wasn ' t a continuous record . In a normal well test you take measurements , in the beginning every minute then you decrease them to every five minutes over the twenty-four hour period . Eventually every half-hour and you have at least two other wells that you can tell how far this cone is going to extend . well , in this test , there was only that one well they pumped . They measured the draw down but there just isn ' t enough data to extend that line and say well if I pump that well at an average rate of 16 gallons per minute , which is what is proposed , for continuous rate , how much draw down is there going to be ? There certainly is going to be more than 30 ' of draw down in that well because they only pumped it at 10 gallons per minute which is a lot less than 16 , a little more than one and one-half times . So there is definitely going to be more draw down in that one well than what they got from the pump test . The extent , how far it ' s going to influence other wells in the area wasn ' t known and there are three private wells that are within 1000 feet , probably within 800 feet of this well . Mr . Josselyn ' s well is near by , and Sheldrake ' s have two wells that are fairly close by . And so after looking at this data , my conclusion was that there just wasn ' t enough information to say how far this cone of influence would extend . Whether it would draw off the water levels in the private wells nearby and even whether there would be sufficient water to maintain the 16 gallon per minute yield over the long tern . Mr . Seldin then asked Ms . Lee to address one other thing , what kind of testing would you consider to be appropriate given the proposed rezoning that would allow the additional units and what you ' ve seen of the engineering drawings ? Ms . Lee stated that what you do is a traditional pump test which would be to pump that well but then to also drill some wells near by that you could take some measurements in the same time that you Pump the well . You ' d have to pump the well for twenty-four hours at a minimum . Often they run for 48 hours continuously at a rate higher than the rate you plan to pump it so it would probably be at least 20 gallons per minute and then you want to take measurements in the wells nearby . You have to have at least two wells that are Town Board 18 January 12 , 1987 placed nearby . And that ' s the traditional way of determining how far the cone of influence will extend . Supervisor Desch asked Mr . Albern if he would care to comment . Mr . Albern responded that he would like to incorporate his comments in his entire presentation . Mr . Seldin asked what was the depth of the other three wells which are in that 1000 ' radius ? Ms . Lee responded , I know that the well that was tested was 230 feet deep , I don ' t know how deep the other ' s are . That ' s apparently a gravel well . Mr . Seldin asked if any of the members of the Board had any questions of Ms . Lee and secondly he would like to hear what Mr . Albern has to say in conjunction with what Ms . Lee has said and perhaps Ms . Lee to react to whatever comments Mr . Albern has . Supervisor Desch asked if there were other points that persons here would like to make in opposition to the project that either we haven ' t hear before in relation to traffic , drainage , sewage , so on and so forth or what we just heard? Eleanor Sturgeon , 718 Elmira Road stated that she has lived in the area for almost 35 years now . The valley is plagued by water problems . My neighbors brought in a well driller who drilled a new well that was rendered useless in a very short period of time by quicksand . There was no water , they brought up quicksand . Supervisor Desch asked Ms . Sturgeon how far away was it from this proposed well ? Ms . Sturgeon responded , probably within a quarter of a mile . A lot of wells close by are in real trouble . They are all within that shaded area . I don ' t see how in good conscience you can grant the right to bring in that many families in an area where the water situation is so fragile where there is no sewage preparation where there is no fire protection , that ' s bringing in fifty families , I don ' t see in good conscience how it could be granted because in today ' s society , when you know there is a problem , you could be hit by a suit because knowing , having these facts brought before you , you can be hit by a suit for permitting such a heavily settled area in an area where there is no public water , no public sewage and where there is no public fire protection that is effective for such a thickly settled area . Don June , who stated that he was in the fire department for 28 Years and that he also was a fire inspector stated that what he was about to say had no bearing on the Ithaca Fire Department . He went on to say that he used to live at 738 Elmira Road right across from Eleanor Sturgeon and we had no water there for two year at all . As she stated , it was just quicksand . As far as fire protection is concerned out there , what source is there in that area? For • instance , I drove a diesel pumper that pumped 12 , 500 gallons per minute . Now is there any source of water that could maintain that pumper? He asked if anyone had an answer to that ? Now if you were to attach to a City hydrant , if you ' ve got a dead end hydrant there , you ' re going to pull that water away from the hydrant faster than it can produce it . If you want extra help you ' ve got to call for volunteer companies , tankers may be from Enfield , Newfield . They are not in the station like we were , they ' re not going to be there fast . So what do you do for water? If I should drop a suction hose in that well I could pump dry that thing just like that , with a 12 , 500 pumper . Town Board 19 January 12 , 1987 Mr . William Albern stated that he would just like to back up and kind of review a lot of things , instead of just fire or just water or what have you . Basically , we made some changes to the drawing since our last presentation to this Board . And this wole thing , as you well know , has been approved by the Planning Board . We changed the shrubbery , the shrubbery is now in a better location to meet your Town ' s requirements to better shield the project from Route 13 . The road has not changed , but I gather there were questions , the road surface meets Town road specifications , not a reduced road from a normal surface road . Supervisor Desch remarked , even though it won ' t be a Town road . Mr . Albern responded , even though it isn ' t to be a Town road , yes . Mr . Albern went on to say that there are turn arounds , three of them in the project for trucks , garbage , fire , what have you . From the fire protection standpoint , the Town of Ithaca has ten tankers . Supervisor Desch responded , the Town doesn ' t have any tankers . Mr . Albern responded , somebody has tankers available , the City of Ithaca . The response was no . Mr . Albern stated that he had called the City of Ithaca Fire Department and they said they had 500 gallon trucks . Someone in attendance remarked that these were booster tanks . Mr . Albern acknowledged that his terminology was wrong . But the City of Ithaca has a number of trucks which have 500 gallon tanks on them , they have one truck which has a 1000 gallon tank on it . A typical hose stream is 250 gallons . That may be high , let ' s assume a 100 gallon hose stream , a 100 gallon per minute , so a 500 gallon tank you ' ve got five minutes of flow . In a 1000 gallon tank you have ten minutes of flow from a 100 GPM hose . If this development were private residents , each resident would have its own well and the City of Ithaca would have to provide fire protection . The project includes 12 , 000 gallons of storage , there are two 6 , 000 gallon tanks as part of the project . So you have up to 12 , 000 gallons of water available . There is a fire department connection included as part of the project . Councilman Cramer asked if it was a gravity feed standpipe ? Mr . Albern responded , gravity feed , it is not a fire hydrant . It is not a fire hydrant on purpose . It is not a fire hydrant because a fire hydrant implies municipal water , we do not have municipal water . But we ' ve got up to 12 , 000 gallons of storage so a 100 gallon hose can last two hours . That is one heck of a lot more water than you have from a truck going up there . Supervisor Desch asked , what do you expect when all of the units • have been put in place will be the average GPM domestic usage? Mr . Albern responded that 60 gallons per minute is peak so average is 8 gallons per minute . George Sheldrake , Seven Mile Drive stated that Mr . Albern had his numbers a bit mixed up there . 100 gallons a minute is what your fire hose i PAP? s supposedly pumped . What rate does the fire pumper Mr . Albern responded what does your hose consume ? Town Board 20 January 12 , 1987 Mr . Sheldrake stated that they had garden hoses at the farm that we water with that run 30 gallons a minute out of a garden hose . You are talking , what rate per minute did you say your pumpers pump? Mr . Sheldrake then asked Mr . June wate rate did you say your pumpers pump? Mr . June responded , the pumper itself will pump 1250 GPM , that ' s the pumper itself . Mr . Sheldrake noted that this would be less than a minute . Mr . Albern responded , you ' ve got 9 minutes of pumping fran this up • to 12 , 000 gallon capacity . The fire truck has only 500 gallons on it . Mr . Albern continued , noting that the well test report information is now on the drawing . Well No . 1 was reported by George Howell as Ms . Lee so aptly reported 14 , 400 gallons . Well No . 2 was 24 , 480 gallons , a total of about 39 , 000 gallons per day capacity fran the wells . I agree with everything Ms . Lee said . I had a very very interesting conversation with George Howell over the weekend . George Howell told me that he has done many many wells in the area and there are two situations , as Larry Fabbroni told the Planning Board . This is an old lake bed area . If you are in gravel , George tells me , and if you go down 200 feet you have all the water you want . It ' s like the Cortland Valley . Two miles south of this I have a client who dug a well , got down far enough , has a 78 gallon per minute artisian well . I don ' t think anybody in the County has ever seen anything like this , I know John Andersson has not . What that well driller did , he put a 2 " pipe on top of their well , came up about so far , put a horizontial piece out and the water spurted from here to the wall , out of a 2 " pipe . What George Howell is saying , is that there are outcroppings of rock in the area . If you hit an outcropping of rock anything can happen , you may get water you may not get water . The other thing that happens is that people who are not in the gravel dig down , get two or three GPM and quit at 70 ' . They have not reached the old lake bottom, the acquifer . But if you get down to 200 feet you get down to the lake bed acquifer you have all the water you need , I ' m told by Howell and this makes a lot of sense from what I ' ve seen . It agrees with what Ms . Lee says , she mentioned the type of soil that you are dealing with . Here you are dealing with gravel , you have a high permeability which is a key factor in the draw down equasion and the cone that she is talking about . Mr . Albern stated that he had two more points . The owner has elected to reduce the density of the park by two more units . There are eight existing mobile hones here , one of which is over 30 years old I think . Those eight units will be replaced by four , as well as moving a unit and moving another one back so that you get your thirty foot separation . So the mobile home park will wind up with 52 mobile hones eventually , not the 56 originally shown and not the 54 requested by the Town Planning Board . He went on to say that the last item he wanted to mention was that they have the approval of Mr . John Andersson at the Health Department , as the Town had requested . The project is fully approved by the Health Depart=ment of Tompkins County . Supervisor Desch asked if there were any questions . William Seldin responded that Ms . Lee would like to respond in part to sane of the things Mr . Albern addressed . Marjorie Rinaldo Lee stated that what she would like to say is that she agrees with Mr . Albern that in general geology , we do have a Town Board 21 January 12 , 1987 gravel aquifer , that is true , however the test results don ' t indicate that in this well that was the case because in Cortland or any gravel acuifer if you pump for twenty-four hours at only ten gallons per minute you won ' t have any draw down at all in this very permeable aquifer , you ' d never have thirty feet of draw down . If you had that type of draw down it indicates that your permability is much much less than say you would get in a gravel aquifer which means there could be impacts on whether there will be enough water and how far the cone would extend would be a lot different than it would be in sand and gravel , like the City of Cortland has . I don ' t disagree that there probably is a very good gravel producing aquifer there but that well is not intersecting that aquifer and if the adjacent wells are not intersecting that aquifer it really won ' t make any difference . What is the important part is what that well is intersecting and the adjacent well . Mr . Albern stated that that was the point he was making , there is a good gravel producing aquifer , according to Howell . Mr . Josselyn stated that he wanted to mention that his own well , even though its two hundred and some odd feet deep , there often are times , if there is much water drawn nearby , we hardly have any pressure and this is effecting us and I also remember the fire that Dick Griffin had when his barn burnt , there was not enough water around anyplace . I also talking with Dick Griffin about this well that they are claiming is new . This was done over 40 years ago and Mr . Griffin owned it for thirty-one of those years . Supervisor Desch asked Mr . Josselyn if he had any idea if there was any appreciable draw down during this test , because you probably would not have known when the test was going on . Mr . Josselyn responded no , I didn ' t have the faintest idea when the test was going on . A man in attendance stated that he had a question on the storage tank , that there was a point that he didn ' t quite understand . The law presumably prescribes tanks of a certain volume because it assumes there is a necessary working range otherwise they require smaller tanks and this implies that when fire trucks show up that the tanks may be at the bottom near empty at the working range as well as the top . That ' s one point . The other is a question for the hydrologist , we ' ve noticed an enormous seasonal variation in well flow rates in that area and I was curious as to when they were taken and if she would comment on the variations . Supervisor Desch asked when the Howell tests were taken? Mr . Albern responded , one was taken January 1st and one was in July . Mr . Jacobs corrected Mr . Albern noting the test was taken in May . The new well that was drilled over the past year was in January . The new well was done twice . Councilman McPeak asked Ms . Lee if she would prescribe further testing? From your discussion you said that you felt there wasn ' t adequate testing because we didn ' t approach this funnel concept that you spoke of . Are you proposing that additional testing be done ? Ms . Lee responded that she felt it was necessary to do additional testing in order to determine if there will be any effect on the nearby wells . Without it , it ' s almost impossible to determine what the impact will be on the nearby wells . Town Board 23 January 12 , 1987 Mr . Josselyn remarked , but that ' s related to the same project and also when I checked with him to see where the percolation tests were done and the deep holes were done , none seemed to be done in the drainage field or ajacent to it . Supervisor Desch then declared the public hearing closed . The Town Board will not be taking action on this matter tonight , unless the Town Board decides otherwise . As you know , we should have a full Board since this is a critical issue where six affirmative votes are required and I think it is only fair to both sides of the issue that the full body deliberate on the matter as was the case when it first came up previously and so it will be taken up either at a special meeting or our next regular meeting . • Councilman Cramer stated that he had some concerns regarding the fire flow and he would like the developer ' s engineer to get in touch with our Fire Chief here in the Town and review with him the fire flow data that has been put forth this evening . It seems as though there ' s a misunderstanding , at least there is a misunderstanding on my part , as to adequacies or inadequacies of the fire flow and I think that before this proposal canes back to the Town Board it would be appropriate for the developer ' s engineer to sit down with the Fire Chief and discuss those issues forthrightly . Secondly , in regard to the radii of the cul-de-sacs that the developer is proposing , I wonder whether the radii are in fact adequate for the location and placement of fire apparatus . I think that that should equally be discussed with the Fire Chief . Thirdly , it has not been brought up in the past , the storage of propane for use by the property owners of the trailer park which is an issue that needs to be addressed by the Board and by the developer before this Board should render a decision as to the pros and cons of the proposal . Councilwoman Raffensperger remarked that additionally she assumed that the Board would pursue the additional information that Marjorie Rinaldo Lee and Mr . Albern has brought to the Board tonight on the adequacy of the water in the general area and what we might ask the developer to do in order to clarify it . PUBLIC HEARING TO CONSIDER THE PROPOSED FIRE PRO'1'flCTION CONTRACT WITH THE CITY OF ITHACA Proof of posting and publication of notice of a public hearing to consider the proposed fire contract with the City of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch remarked , "where did we leave off in November and where have we cane from since " . We have come through quite a series of drafts of agreements and we have net on quite a few occasions for extended periods with negotiators from the City . He stated that he guessed the best thing for him to do was to tell you in approximate terms what is different from the draft that you saw back in November . Basically , the numbers , that is the allocation • of costs that the Town conceptually agreed to in our lengthly negotiations prior to November has not changed . Some of the definitions have been clarified . There are some thresholds , caps if you will , above which the governing body of each municipality will have to approve capital projects , for example paragraph 7 has the phraseology that the parties agree that capital renovations in excess of $ 100 , 000 for projects or agregated $ 200 , 000 per annum and new station construction shall be accomplished in a capital budget . That means once we have the sites for fire stations pinned down and an architect has been hired , and the architect has cane in with project estimates , then both will be required to decide if that was Town Board 24 January 12 , 1987 an appropriate cost or not . The same would be true in the case on top of page 7 paragraph 8 , maximum equipment expenditures . If in any given year , the requested equipment cost exceeds $200 , 000 it would require the approval of both parties . There is a small change in the question of who has the title to the land under the f ire stations that would be in the Town inorder for it to be tax exempt properties . The phrases having to do with what happens at the end of six years we don ' t get into another agreement has been clarified as to who reimburses whom for what . There is a statement having to do with the staffing of the two new stations in the Town on top of page 8 , where it reads unless the Town agrees to a lesser level of staffing the City agrees that each of the two fire stations to be located in the Town of Ithaca will be staffed in the • same manner as individual stations in the City . We also did scu e minor modifications on appointment of two Town commissioners and made scene provisions more consistent through out the agreement . There was a considerable amount of give and take by both parties . As no one present wished to speak for or against the proposed contract the Supervisor closed the public hearing . The Supervisor asked if there were questions from the Board , noting that Councilman Killeen from the City and the Fire Chief were both present . Councilman Cramer stated that he quessed that his overall concern with the contract , deals with the performance of the City and in the penalty the Town could incur by the City ' s failure to meet the deadlines provided by the contract . Renegotiations of timetables is an inappropriate way if we are spending the amount of money shown in this contract to meet those design and construction criteria and deadlines and I don ' t think that ' s adequate . Supervisor Desch responded , we asked ourselves what was a reasonable length of time to expect that two stations could be designed and built? I think , speaking for the City and tell me if I ' m wrong . If I were negotiating on the City ' s side I would probably not be in a big hurry to rush into the design and construction of two new stations unless I were permitted to improve the service to areas of the City as well as major areas of the Town . Two years to build two stations is not an over abundance of time . That means a commitment of both parties to start a day after this contract is executed , if it is , to get underway with the design . I know the Chief has a lot of thoughts already about interviewing architects and getting on with that program . If we are going to succeed in meeting the deadline we have to do that very quickly . Also looking at it from the City ' s side , there are possibilities since these two new stations are located in the Town , for the Town to be the cause of the delay , I certainly hope not . These stations will be constructed in the Town and there may be people who are not particularly happy with having a fire station close by . I would expect that the environmental review for the two new stations would be a Town requirement , the Town would be Lead Agent . On the other hand I would agree that there are concerns if a year and a half goes by and we don ' t see any progress . Also , suppose we are 80 % completed with the two new stations and we need • a couple of more months , what would be reasonable to expect to push that along . You arrive at a point where you say what is reasonable to expect in the way of good faith . If you had asked me a few years ago what the likelihood would be of our colleting the two new stations in this time frame I would have been much more concerned about some kind of a clause where we would be able to get out of the contract , I don ' t see that as a critical issue now. There is a major desire on the part of the City to stay in the business of providing fire service to the Town . This is a major commitment on the part of the Town if it chooses to stay with the Town Board 25 January 12 , 1987 relationship with the City on this service . There has to be substantial give and take on both sides . Sean Killeen remarked that he would like to make a quick comment . There are three things that occurred to me while you were speaking , pertinent to what Councilman Cramer has asked . I believe there is the burden , blessing and guidance of the sewer project , we can ' t step away from that guidance that the City , Town and the Town of Dryden have that experience behind them which is a fact , is a valuable precedent . That ' s a major colaborative activity that been produced with some circumstances of obstruction and difficulty that was overcome . The second is that the City in developing a budget and passing it for 1987 earmarked good faith money for fire • stations . Thirdly , what have we been talking about , what has been the intent and desire for the past four or five years . Before any formal action , Dave Jennings attended thousands of fire commission meetings , it really was not idle time , so I think there has to be some degree of acceptance of good faith . Councilwoman Howell asked if the Town would have a voice in the plans when they are ready for building? Supervisor Desch responded , we see a joint design committee and it may well be a different participating committee for the South Hill Station then the West Hill station because you have a different neighborhood on each hill . For example , on South Hill we can save ourselves a bit of time and grief if we have a representative from Ithaca College . We don ' t want to have it half built then have a major problem . On West Hill we have a different constituency but again representatives from City and Town would be involved right from the beginning . Chief Olmstead stated that money can ' t be spent without approval of the Town . I think there is a mechanism in the agreement for approval from the Town . Supervisor Desch responded , that both parties all through this have been very relaxed about getting the commitments made that are in here . In other words , selecting the committee to design the stations . The interest that is there is to get a group together , get the design done get the site selection done and get the construction completed . Councilman Cramer questioned item number 9 on page 8 refers to a concept in law of specific performance , asking the Town Attorney if he wished to address that now. The Town Attorney responded , in talking to the City we wanted to make sure we had the right in those circumstances where there is some action that must be taken by the City to have the right to go to court and conpell that action if they decline to take it when we feel we are entitled to it . So in this situation , the conveyance of the stations to the Town if the contract terminates of if it goes its life and the end of the contract , we wanted a clear statement that we could go to court if the City declined to give us the deed . Councilman Cramer stated that he had a question for the Fire Chief , there is a doctrine or law within the contract of the City of Ithaca Fire Department and it ' s Ithaca paid fire fighters regarding the response of probationary firemen who are volunteers in the Town of Ithaca to fires within the protection district regarding compensation . He asked the Fire Chief to comment on that for the Board . Specifically I ' m referring to one fireman on Buttermilk Falls Road who is a probationary fireman within the City system , the only volunteer in the fire protection district in the Town and Town Board 26 January 12 , 1987 yet he is prohibited from responding to volunteer fires in the Town by contract . Chief Olmstead responded that this is not by contract . That is a provision of the Fair Labor Standards Act of 1938 as amended and made effective April 15 , 1986 . That law says it does not prohibit membership in a volunteer fire company , It does not prohibit participating as a volunteer but what it does is say is that the employer must pay any employee who volunteers his services at either the federal benefit or the contractual benefit , which ever is greater . That doesn ' t make any difference whether we render the service in the City or if we went on a mutual aid call to Cortland . I have administratively put a prohibition on those people responding , its not a problem with the union contract it ' s simply that every time a person would respond as a volunteer I would be obligated to pay them three hours at time and a half . It ' s a federal law that we have no choice in . One example , one of our more active employees who is a volunteer member of Company Three in his last year of active service would have cost us $ 87 , 000 in overtime because of the federal law . Supervisor Desch asked how this would cane into play once the two new stations are built in the Town? Chief Olmstead responded , it won ' t make any difference because we presently have about 750 of our employees are volunteer fire fighters , both inside the City and outside . Those paid firemen who live outside of the City are prohibited from responding to calls as volunteers with our fire department . As an employee , if they were to belong to the Dryden Fire Department , for example , they could respond with that fire department to any call , it does not prohibit their activity in those departments including a mutual aid call to the City of Ithaca . However , if they respond and function in a capacity as a volunteer that is equal to that of what they are employed for , then we cane under the Fair Labor Standards Act , Councilman Cramer responded , let me get this straight , this person lives on Buttermilk Falls Road , there is a fire at Mr . Smith ' s house next door , he is unable as a volunteer after the fire sirens go off and as a member of the City of Ithaca Fire Department , he is unable to respond next door to a fire as a volunteer but he could call the station and say I ' m a professional , I can no respond on overtime . Chief Olmstead responded , that is not necessarily correct because then we get into the terms and conditions of the contract as far as calling people in . Similar to NYSEG , there is a call in procedure that was negotiated as part of the contract . The incident commander has the option in the event , if in his judgement , he needs to put some people to work . I ' m not particularly pleased with this whole thing but we ' re powerless to act unless we are willing to obey the law and pay the people . PUBLIC HEARING TO CONSIDER A LOCAL LAW TO ALLOW THE LOCATION OF • ADDITIONAL STOP SIGNS IN THE TOWN OF ITHACA Proof of posting and publication of notice of a public hearing to consider a local law to allow the location of additional stop signs in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing , stating that the Town Attorney needed a list of all of the stop signs now located in the Town of Ithaca . The Supervisor asked Town Board 27 January 12 , 1987 the Town Engineer to prepare such a list . He then adjourned the public hearing indefinitely . PUBLIC HEARING - CONTINUATION OF AN ADJOURNED PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING THE ZONING ORDINANCE REQUIREMEWS FOR THE EASTWOOD COMMONS MULTIPLE RESIDENCE ZONE Proof of posting and publication of notice of public hearing to consider the adoption of a local law amending the Zoning Ordinance requirements for the Eastwood Commons Multiple Residence Zone having been presented by the Town Clerk , the Supervisor opened the public hearing . • Town Planner Susan Beeners remarked that this was a retyped draft of the draft you saw at the last Town Board meeting . At that time you approved a specific revision on page 2 of that law . You at that time asked me about some density figures for the project and I also have a revised site plan and the original site plan if you would care to see them . Supervisor Desch stated that he felt this would be worthwhile if we know the range of density then we will know if we have a problem or not . On site plans , the Town Planner pointed out the original site plans and the proposed revision . The plan that was presented to the Planning Board was for 70 units , the revision I have here tonight and a reduction to 66 units . With some slight modification because of that reduction as far as the distances between buildings and also the relationship to the existing development . The original approval was for 176 units on 18 . 9 acres . That was to be 108 units in Phases I and II and 68 units in Phase III . The density of that original approval then would have been 9 . 3 dwelling units per acre . As built in Phase I and II there were 76 rather than 108 . This means a density of 7 . 3 units per acre . As proposed as far as Phase III goes , if you want to look at what was specifically approved for that Phase III area there was 68 approved and now it is proposed in this plan , 66 units . If my reasoning is right , the density of the 66 units on 8 . 5 acres would be 7 . 7 per acre . If you deduct the land for the pavilion and parking then you corm up with 8 . 3 units per acre . Supervisor Desch asked how the set aside land for the pavilion now compares with that which was proposed earlier? Ms . Beeners responded in the original proposal there was no pavilion . She went on to say that the open space that was provided between Phase I and Phase III was described as roughly as large as a football field . In the resolution establishing the rezoning for it there is some reference to open space , however , it is hard to see whether it actually means that the Board wanted to see this extent of open space to remain throughout the project . The main items that would have to be waived would be the 30 ' distance between buildings which is required in the cluster subdivision • regulations . The other major waiver would be the waiver of the 30 ' height limit because the units along the southwesterly side of the development would have walkout basements which would make them over 30 ' . Supervisor Desch asked how much over 301 ? Town Planner Beeners responded , 351 . Councilwcman Raffensperger asked if the Planning Board had made a determination as to where the second entrance was going to be ? Town Board 28 January 12 , 1987 Supervisor Desch remarked that with this number of units we would not want to have the existing road the only outlet . The original plan included two outlets and why shouldn ' t the revised plan require two outlets unless the Board decides differently . Town Attorney Barney stated that he felt the Planning Board was going to require the second road to be built . The Supervisor closed the public hearing stating that it was the feeling of the Board that the hearing be adjourned indefinately until proper language regarding the proposed road could be included in the local law . • ADJOUMMENT The meeting was duly adjourned . 451 Jerk