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HomeMy WebLinkAboutTB Minutes 1987-02-09 TOWN OF ITHACA REGULAR BOARD MEETING February 9 , 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 9th day of February , 1987 , 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 : Robert Flumerfelt , Town Engineer John Barney , Town Attorney Adplph Colletti , Sherburne , N . Y . Beverly Livesay , Board of Reps Jim Mayer , The Mayer School James V . Buyoucos , For Mayer School Franny Connelly , 1013 Danby Road Karl Niklas , 1005 Danby Road Ed Cobb , 1005 Danby Road Mary Ellen Hawker , 1032 Danby Road Margie Rumsey , 110 E . Buttermilk Falls Millard Brink , 706 Elmira Road Lucille Brink , 706 Elmira Road Richard Tompkins , 176 Seven Mile Drive Linda Tompkins , 176 Seven Mile Drive Joyce Maki , 184 Seven Mile Drive Nansen Josselyn , 152 Seven Mile Drive Eleanor Sturgeon , 718 Elmira Road Elsie Sheldrake , 806 Elmira Road Grace Lyn Evans , 174 Calkins Road George Sheldrake , 174 Calkins Road Ronald Knewstub , 179 Calkins Road Mark Tcmlinson , 224 Bostwick Road Tom Overbaugh , Trumansburg , New York Larry Phillips , 167 Calkins Road Richard L . Atkins , 9 Pleasant Grove Road William Seldin , Attorney Don Josselyn , 152 Seven Mile Drive William Albern , Consultant Paul & Linda Jacobs , Seven Mile Drive Jonathan Albanese , Attorney David Auble , 410 West Green Street Joan Reuning , 167-3 Calkins Road • Linda Loomis , 167-8 Calkins Road Sanford Reuning , 167-3 Calkins Road Jeff Coleman , 178 Calkins Road Corrine Bruno , 178 Calkins Road Representatives of the Media : Heidi Tompkins , WVBR- FM 93 News Fred Yahn , Ithaca Journal John Heron , WTKO News Town Board Meeting 2 February 9 , 1987 PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Backlog of Projects Supervisor Desch reported that this month he would start reporting on major issues and try to keep the Board up to date . The major problem for this month was the backlog of developers projects . He • stated there seems to be two choices , add more professional staff or spread out the schedule of reviews . The Staff , Zoning Board of Appeals and the Planning Board have discussed the issue and the feeling is we should inform developers they should expect a longer period of time to elapse before their reviews are brought to completion . Let me know you feelings . We have people now working until eleven o ' clock and we are still getting a backlog . For example , the Downing proposal is back again and they expect immediate review . Coming Events Supervisor Desch noted that the Fire Contract had not been signed yet . Meetings are being held regularly on fire station site selections . The Supervisor went on to say that in mid-March there will be a joint meeting to present the Niderkorn Report . He told the Board to expect something to happen next month . The report will settle many pieces of misinformation which have been floating around for several years . Assistant Engineer Supervisor Desch noted there were quite a number of applicants for the postition . Interviews will begin later this week . Town Engineer ' s Report Town Engineer Robert Flumerfelt reported the new heating system for the Highway Facility is out to bid . We will be opening bids on February 23 and hopefully they can be awarded at the March meeting . The Town Engineer went on to say that work had been completed on Fairway Drive and the road was ready for Town acceptance . RESOLUTION N0 . 19 Motion by Supervisor Desch ; seconded by Councilman Mcpeak , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts deed and title to Fairway Road , subject to approval of the Town Attorney . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . REPORT OF COUNTY BOARD OF REPRESENTATIVES County Board of Representative Beverly Livesay reported that Mary Call had been elected Chairman again and that committee reappointments were virtually the same as last year , with very little change . She noted that there was one change however , she had been appointed to the Solid Waste Committee . She went on to say that the Solid Waste Committee meeting that was scheduled for Danby this winter and then was snowed out had been rescheduled for February 19th in Danby . Mrs . Livesay stated that a decision must Town Board Meeting 3 February 9 , 1987 be made soon regarding the landfill site location . She remarked that the Town of Groton ' s request for payment , if the landfill were located in Groton , could have a large economic effect on the costs of any landfill . Councilman McPeak asked if the landfill had to be in Tompkins County? Mrs . Livesay responded no , if doesn ' t have to be , the one that we presently have is not in Tompkins County . Councilman McPeak noted that a few years ago there was a move afoot to have a burning type incinerator to supply steam for Cornell University , he asked if that still viable or has it gone by the wayside ? Mrs . Livesay responded , there are no current plans , I think that a lot of the problems that were brought up at that time , the trucks in the residential neighborhoods , the effluent from the stacks , these things are not agreed upon by the experts as to whether or not you can make the emissions from those smoke stacks safe . SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 1 - 1987 Mr . Mayer , of the Mayer School stated that he and Mr . Ciaschi were asking that the words "Business or " be inserted on the first page . Mr . Mayer stated that it was a misunderstanding on his part , that the intention was to have business or professional offices . He stated he thought CPA ' s and insurance people were professional folks but there is a question of legally they being business folks . RESOLUTION NO , 20 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 30 P . M . , on March 9 , 1987 to consider amending Local Law # 1 - 1987 to include the words "Business or " . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . BUDGET A UNNE VTS RESOLUTION N0 , 21 Motion by Councilman Cramer , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that funds be appropriated for the Town of Ithaca ' s contribution toward the Route 96 study in the amount of $ 3 , 300 to be transferred from A1990 . 0 Contingency to A8025 . 0 Joint Planning . • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ASSOCIATION OF TOWNS RESOLUTIONS The Board discussed the following proposed resolutions to be considered at the Association of Towns meeting : Town Board Meeting 4 February 9 , 1987 State Shared Revenue - The Association of Towns urges the Governor and the Legislature to develop and approve a new , permanent aid plan which will treat all local governments fairly and equitably , and ensure that each receive its fair share based upon the range and degree of local services they provide . Any new formula should incorporate the basic principles of : ( i ) reasonable annual growth , ( ii ) current population figures and other current data , ( iii ) needs based factors and ( iv) prevention of reduction in current aid amounts . Municipal Tort Liability Reform - The Association of Towns urges the Governor and the Legislature to continue to monitor closely the municipal insurance market and to consider , as necessary , further modification of the joint/ several doctrine , as well as other reforms such that affordable insurance coverage became and remain available . Financing of Veterans and Other Social Benefit Exemptions - The Association of Towns recommends legislation which will finance veterans ' and other similar benefit programs through state taxes rather than by local real property tax exemptions . Solid Waste Disposal - Solid waste disposal is an extremely costly and technologically complex problem . Many towns , without financial aid and without a readily available alternative , face closure orders imposed by the NYS Department of Environmental Conservation , The Environmental Bond Act ' s loan program is not an adequate remedy for this explosive problem . It is , therefore , urged that the State . ( 1 ) develop stable , reliable , reasonable statewide standards for resource recovery ; ( 2 ) offer greater technical support for planning and establishing sound disposal facilities ; ( 3 ) limit local government laibility resulting from operation of solid waste and resource recovery programs ,- and assure local access to insurance coverage for environmental impairment liability ; ( 4 ) allocate additional moneys to local governments for resource recovery ; and ( 5 ) impose a moratorium on further closure orders until alternative solutions are available . Federal General Revenue Sharing - The Association of Towns urges the reinstitution of GRS or a similar aid program . Termination of GRS has already severely strained local taxing capacity and caused reductions or termination of essential local services . Discontinuance has also had a devastating effect on the local real property taxpayer . Sewer Construction Grants - The Association urges the maintenance of full funding of the sewer construction grans program . Local Political Caucuses - The Association of Towns supports the open meeting concept . However , it is opposed to any changes in the present authorization for political caucuses and local legislative bodies are discriminatory and unjustified . It is unacceptable to consider a double standard with repsect to political caucuses . Town Vote in Village Incorporation - The Association of Towns • recommends enactment of legislation giving all town residents the right to vote on village incorporation . The act of incorporation can and has had serious effects upon town residents , town zoning plans and the tax base of towns . State Mandates - The partnership which New York State and its local governments enter into in providing services to their constituents is threatened by the inappropriate imposition of mandates by the State . These mandates adversely affect local self-government through the addition of new and greater costs . They must be identified and a system established whereby local governments are Town Board Meeting 5 February 9 , 1987 reimbursed for costs resulting from any new state-initiated constitutional , statutory or rule-making procedures which , directly or indirectly , create new programs for higher level of service provision , or grant benefits to particular classes or residents or property . Notice of Location of State-Licensed Facilities - The Constitution of this State reserves to local governments the authority to enact zoning and planning policy . Therefore , the Association of Towns strongly urges enactment of provisions giving local officials notice , with an opportunity to recommend alternative sites , for location of day care , group home and all other facilities similarly licensed by the State pursuant to the Social Services or other State Laws . Retention of local zoning pregrogatives in this area is essential to the preservation of our State ' s constitutionally based home rule traditions . Part-Time Employment - Unemployment Insurance - This Association supports legislation to exclude part-time employees of local government from receiving unemployment benefits during customary vacation periods or holiday recesses if the municipality has given them a reasonable contract assuring each employees continued work , albeit part-time , for the period of the contract . Local Control of Mining - The Courts have recently ruled that Title 23 of the Environmental Conservation Law (ECL) pre-empts all local regulatory control over Department of Environmental Conservation (DEC ) permitted mining operations . The Association believes that such holdings are inconsistent with the general legislative intent of the statute and are in direct conflict with the State ' s home rule policy . The Association supports statutory clarification that DEC permitting does not pre-empt nor substitute for local determinations and regulations . Federally Mandated Parental and Disability Leave - The Association of Towns opposes Federal legislation mandating parental and disability leave benefits for local government employees . Any such legislation would , in particular , overburden smaller towns who have an insufficient employee pool to cover for extended parental and disability leaves . Revision of Small Claims Assessment Procedure - The Association recommends that the Small Claims Assessment Procedure be improved for the benefit of all taxpayers and assessing units , particularly by the inclusion of procedures to require minimum rules of evidence and simplified review of erroneous decisions of hearing officers . Telecommunications Taxation - Taxable telephone equipment and appurtenances have served as an important source of local real property tax revenues . The Association urges that legislation be developed to strike a fair balance between the needs of the local taxpayers and the communications industry . Councilwoman Leary stated that she was opposed to the resolutions on "Part-time Employment - Unemployment Insurance " and "Federally • Mandated Parental and Disability Leave " . She went on to say that she felt part-tinge employees should not be eliminated from benefits , its a trend now for more and more employers to hire part-time help to get around paying benefits and I don ' t think that a good thing . The other one , parental and disability leave is catching on as a benefit for women so I think this is an important employee benefit . Councilwoman Raffensperger stated that she would like to support Councilwoman Leary on this as she understand this legislation would also be on the State level . She went on to say that she did not Town Board Meeting 6 February 9 , 1987 see why municipalities should be anymore advantaged than small businesses . Councilwoman stated that she also objected to the resolution on "Local Political Caucuses " . The Association of Towns is saying it ' s for the open meeting concept but the only thing they will take is a complete recision of the amendment on a State level and that ' s really not a very practical point of view and I think the Association of Town knows that . The amendment that ' s presently circulating in the legislature is to exempt the State legislature but to require the Open Meetings Law proceeding the 1985 amendment go into effect for local government bodies . No other opposition was voiced . Supervisor Desch remarked , then we are saying yes to all but these three ? The Supervisor stated that he was not sure , and the Board agreed , what exactly the Association means in their resolution on part-time employees . Town Attorney Barney stated that he felt it was for seasonal part-time employees . Councilwoman Leary asked then why does it not say seasonal ? The way it ' s worded here it applies to all part-time employees . The way it is written here it looks like it applies to someone who is hired for 30 hours per week , permanently , and I wouldn ' t like to see that it would deprive them of benefits . The way this resolution is worded , I can ' t support that . REFUND OF BENEFIT ASSESSMENT UNITS RESOLUTION NO . 22 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , WHEREAS , Shirley Hilker , 277 Burns Road , Parcel No . 48-1-14 . 312 was charged for 1 unit of water on her 1987 Town and County Taxes , and WHEREAS , public water has not been extended to this property , and WHEREAS , on January 29 , 1987 , Mrs . Hilker paid her.. 1987 taxes in full , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $54 . 00 be paid to Shirley Hilker , 277 Burns Road , Ithaca , New York . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Supervisor Desch noted that the property at 270 Pennsylvania Avenue was split and we did not pick this up , the units , if refunded , will not be picked up on the other unit . A motion was made by Councilman McPeak that Orlando Iacovelli , 270 Pennsylvania Avenue be refunded 4 units of water and 4 units of sewer , the motion never received a second , therefore the motion failed for the lack of a second . SET DATE FOR PUBLIC HEARING TO AMEND THE TRAFFIC ORDINANCE Supervisor Desch stated that basically to the original ordinance we have added a very important element , an inventory of stop signs . This will make it enforceable , if someone runs through a stop signs with out stopping . Town Board Meeting 7 February 9 , 1987 RESOLUTION NO . 23 r Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 45 P .M . , on March 9 , 1987 to consider a local law amending and restating the traffic ordinance and parking in the Town of Ithaca . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . • COUNTY YOUTH BUREAU REPRESENTATIVE RESOLUTION NO , 24 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the term of John Doris , Town of Ithaca Representative on the County Youth Bureau expired December 31 , 1986 , and WHEREAS , Mr . Doris has expressed a desire to continue as the Town ' s representative , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby reappoints John Doris as the Town of Ithaca ' s representative on the County Youth Bureau for the term of January 1 , 1987 through December 31 , 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ANNEXATION RESOLUTION NO , 25 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca and Common Council of the City of Ithaca will meet at Town Hall on February 24 , 1987 at 5 : 00 P .M . , to consider annexation by the City of the Youth Bureau property . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . The Town Attorney stated that on the petition for the properties to be annexed by the Town from the City , the Board should formally accept the petition and set a joint hearing date . He stated that he talked to Ralph Nash , City Attorney , today and Common Council is meeting tonight . He has a copy of this petition and they are expected to set_ their joint hearing date for March 4th at 7 : 30 • P .M . , which is a normal Common Council meeting night . Since they will be coming over here on the 24th , I volunteered that we would go over there on the 4th . RESOLUTION NO . 26 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Howell , Town Board Meeting 8 February 9 , 1987 RESOLVED , that the Town Board receives and approves the petition of the property owners on East Shore Drive from 918 to 940 requesting annexation to the Town of Ithaca from the City of Ithaca . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 27 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca and the Common Council of the City of Ithaca will meet in joint session at 7 : 30 P .M . , on March 4 , 1987 to consider annexation of the parcels described in the petition from the City of Ithaca to the Town of Ithaca . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 28 Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Clerk to notify the persons who signed the above petition and to publish the required legal notices in the Ithaca Journal , (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . REPLACEMENT OF GASOLINE PUMPS AT HIGHWAY FACILITY RESOLUTION N0 . 29 Motion by Councilman Cramer ; seconded by Councilman Bartholf , WHEREAS , New York State Petroleum Bulk Storage Regulations ( 6NYCRR Parts 612 , 613 , and 614 ) require daily inventory monitoring of underground storage tanks for leakage requiring the accurate reading of fuel pump products delivery meters , and WHEREAS , the three existing fuel pumps at the Town Highway Facility are worn to the point that accurate meter readings cannot be obtained , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorize advertising for bids to replace the three above-mentioned fuel pumps . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW ON THE REZONING OF 10130, 1019 , 1021 AND 1029 DANBY ROAD Proof of posting and publication of notice of a public hearing to consider a local law on the rezoning of 1013 , 1019 , 1021 and 1029 Darby Road from Multiple Residence District to Residence District R-9 , Town of Ithaca Tax Parcels 6- 43-1-7 , 6-43-1-81 6-43-1- 9 and Town Board Meeting 9 February 9 , 1987 6-43-1-10 having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Planner Susan Beeners stated that if the Board had had the opportunity to read the packet of material it was fairly self explanatory . Supervisor Desch noted that the Planning Board voted to recommend that we do , infact , rezone it to R-9 . The Town Planner responded that there were two nays and six ayes . The Supervisor went on to say that there are two items , the • environmental assessment and the actual rezoning . Town Planner Beeners stated that it was pretty clear , if you take a look at the short EAF and at the resolutions . My recommndation was that the four lots be rezoned to R-9 but that the site of the Lambrou project which has been in and out of the Planning Board several times be retained as multiple because my feeling is that there would be no significant environmental impact if the density and future character was maintained . Francis Connelly , 1013 Danby Road showed a map of the area showing the lots they would like to have rezoned . We thought we were R-9 and we were really suprised when we found out a complex with 30 units was going to be built . It was rezoned in 1965 for the plan that Mr . Jack Hermann had put forth . The plan was never enacted . The real reason all this came up was because of the density for the apartment complex which was way out of line with what the neighborhood is like , it ' s all single family homes until you get to the Grey apartments . Our idea was to have the road frontage rezoned so it would stay single family homes . Most of the people have lived in their hone 20 to 40 years , nine of our neighbors have lived there over 20 years . It ' s a stable neighborhood where people think of themselves as neighbors . The area is well kept . We would like it rezoned to R-9 to keep the density down and we would like to ask a procedural question on how we can make it a little more official that it is recommended that this 1009 and 1011 , we don ' t mind if it says multiple residence as long as there is some official way that the density stay at 4 . 5 units per acre . We are Dust worried that two years down the road someone else is going to come up with another idea and he ' ll be here with this map in front of you again . Karl Niklas , 1005 Danby Road which is the lot north of the lot proposed to be built on by Mr . Lambrou . The real issue here was the unusual density that would have existed had the Lambrou project been approved . Fortunately , the proposed project was rejected by the Planning Board but still the issue remains as to the use of that vacant lot in terms of its density . We are concerned about the density because it raises issues about traffic , safety in the neighborhood and sewage . In a report that was provided by me but is in the hands of the Town Planning Board , a letter from Peter Novelli evaluating these issues which point out the high density of ® individuals would produce an unusual pressure on the sewage system and it could provoke very serious traffic accidents . So my neighbors basically thought an appropriate thing to do was consider rezoning that property at a level of occupation that would be compatable with other developments in the area . When you look at the figures you find that Cayuga Vista which is basically right across the road , has 4 . 4 units per acre . Majestic Heights which is a very important complex being developed on King Road has on the average 4 units per acre and 1053 Danby Road has 6 . 5 units per acre , so I ' d like to point out that our neighborhood agrees with the basic recommendation fron Susan Beeners who in an addendum for Town Board Meeting 10 February 9 , 1987 consideration by the Town Planning Board , said a reduction in density of the entire two acre project site to equivalent of the conventional R-9 plotting on this site would result in a density of 6 six dwelling units per acre or a total of 12 dwelling units on two acres . A 250 open space reservation for purposes of protecting certain uncommon plants and for buffering adjacent properties would further reduce the density to 4 . 5 dwelling units per acre or a total of 9 dwelling units on two acres . That recommendation was effectively the recommended solution to use of that property by Susan Beeners . But that was never passed upon . Supervisor Desch responded , that is right but the matter before us as you know is just the four lots and that is all we can deal with • as far as the rezoning is concerned , at this moment . Mr . Niklas stated the neighbors had a question then , and that is basically since the original petition included the Lambrou site , what need we do to get that considered? Supervisor Desch responded that that was a matter still before the Board , it still evident that this is still desired by the community and should be subject to further discussion by the Planning Board and have them settle whether is more appropriate to have that zoned as a multiple or an R-9 zone and then have that come forward . Councilwoman Raffensperger asked how big are the lots , the ones proposed for rezoning? Town Planner Beeners responded , they total 2 . 03 acres with a total of 500 feet of frontage . There are two lots parcel 7 could be divided into two lots . Councilwoman Raffensperger then remarked that when she looked at the zoning maps she saw some R- 15 and R-30 , why are they being rezoned to R-9 instead of R-15 ? Ms . Beeners responded , it was the desire of the general community to have a design consistency , density consistency with the R-9 strip that exists more or less on both sides of Danby Road in that area . R-9 has a better density in relation to the Multiple zone . The Supervisor closed the public hearing . RESOLUTION NO . 30 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca after review of the Environmental Assessemnt Form hereby declare a negative declaration of environmental assessment on the proposed rezoning of 1013 , 1019 , 1021 and 1029 Danby Road from Multiple Residence District to Residence District R-9 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . s RESOLUTION NO , 31 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby direct the Town Attorney to prepare a local law for the rezoning of 1013 , 1019 , 1021 and 1029 Danby Road from Multiple Residence District to Residence District R-9 , Town of Ithaca Tax Parcels 6-43-1-7 , 6-43-14 , 6-43-1-9 and 6-43-1-10 . Town Board Meeting 12 February 9 , 1987 Motion by Councilman MCPeak , seconded by Councilwoman Raffensperger , LOCAL LAW NO . 2 - 1987 A LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER Section 1 . The provisions of Local Law No . 1 of the year 1971 of the Town of Ithaca as amended by Local Law No . 2 of the year 1977 , Local Law No . 5 of the year 1980 , Local Law No . 2 of the year 1982 , and Local Law No . 4 of the year 1983 , are hereby further amended to • read as follows : Section 1 . This law is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended through Chapter 756 of the laws of 1986 and Section 467-D of the Real Property Tax Law of the State of New York as added by Chapter 991 of the laws of 1983 . Section 2 . Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York , real property located in the Town of Ithaca , owned by one or more persons , each of whom is 65 years of age or over , or real property owned by husband and wife one of whom is 65 years of age or over , shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 467 based upon the income of the owner or combined incomes of the owners . Such partial exemption shall be to the extent set forth in the schedule following : ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to $ 12 , 025 . 00 50 % More than $ 12 , 025 . 00 , but less than $ 12 , 525 . 00 45 % $ 12 , 525 . 00 or more , but less than $ 13 , 025 . 00 400 $13 , 025 . 00 or more , but less than $ 13 , 535 . 00 35 % $ 13 , 525 . 00 or more , but less than $ 14 , 025 . 00 300 $ 14 , 025 . 00 or more , but less than $ 14 , 525 . 00 25% $ 14 , 525 . 00 or more , but less than $ 15 , 025 . 00 20 % • This partial exemption provided by this law shall , however , be limited to such property and persons as meet the conditions , qualification , exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York . This local law shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time , and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this local law . Town Board Meeting 11 February 9 , 1987 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Francis Connelly stated that both she and Mr . Barney had been to the same meetings and have been for quite some time now and and I ' m not quite sure I heard the same thing Mr . Barney did however . I ' m a little concerned about the translation , from this group to that , what our group petitioned was the consideration of rezoning for all five of those lots . What has happened now is , thanks to you , we have put into the works the rezoning of the four current residental lots . Our concerns is that the issue of rezoning public lot has not been addressed in terms of access for the public to discuss it , at the last meeting we were at it was specifically stated that parcel number 5 or the Lambrou parcel , or what every we want to discribe it as , was not specifically not under discussion , so that no action either in terms of omission or otherwise was taken on that and I think it might be helpful if there was some way for us to feel more comfortable with this being addressed as a public issue rather than just by omission acting upon it . Supervisor Desch responded , you might write me a letter indicating this is still an open issue and reminding us of the petition . Send a copy to the Chairman of the Planning Board so that way they will know it is still an open issue . Town Attorney Barney stated that there was some discussion at the meeting as to whether or not the recommendation should be for four or five parcels , they had the petition before them , they had made the recommendation for four lots . Councilwoman Raffensperger asked why there were two negative votes at the Planning Board meeting , did that have to do with wishing to include 1005 , or were they negative for another reason? Susan Beeners responded that they were negative because one of the Board members felt that the four property owners could draw up some covenants that would restrict the development on their parcels to achieve the density on their parcels without having to go the R-9 rezoning route . Ms . Connelly remarked that the other negative vote was from the point of view of future development and this person had a specific point of view which expressed the fact that if we did R-9 then we were limiting our potential earnings . Karl Nicklas stated that the public notice from the Planning Board did not list this vacant lot . Consequently , regardless of how anybody felt or argued , since it wasn ' t legally listed the issue couldn ' t be legally considered . PUBLIC HEARING TO CONSIDER A LOCAL LAW INCREASING THE PARTIAL TAX FXEMP'I'ION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER • Proof of posting and publication of notice of a public hearing to consider a local law increasing the partial tax exemption for real property owned by persons with limited incomes who are 65 hear of age or over having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak for or against the proposed local law , the Supervisor closed the public hearing . LOCAL LAW NO . 2 - 1987 Town Board Meeting 13 February 9 , 1987 Section 3 . Application for such exemption must be made by the owner , or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be excecuted in the manner required or prescribed in such forms , and shall be filed in such assessor ' s office on or before the appropriate taxable status dated . Section 4 . Any conviction of having made a willful false statment of the application for such exemption shall be punishable by a fine of not more than One Hundred Dollars ( $ 100 . 00 ) and shall disqualify the applicant or applicant ' s from further exemption for a period of five ( 5 ) years . Section 5 . This local law shall became effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after May 1 , 19870 With respect to assessment rolls prepared on the basis of taxble status dates prior to May 1 , 1987 , the partial exemption allowed hereunder shall be limited to qualified properties , to those persons otherwise qualified under , and to the amounts permitted by , Local Law No . 1 of the year 1971 and its amendments as in effect from time to time prior to the effective date of this local law . SECTION 2 . This local law shall take effect twenty days after its enactment or upon its filing with the office of the Secretary of State , whichever is later . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye 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 . 2 - 1987 , was thereupon declared duly adopted . FINANCIAL STATEMENT Supervisor Desch stated that action on this item will taken at the next Town Board meeting , since the Board had not had time to review it . AMEND SUBDIVISION REGULATIONS - TWO LOT SUBDIVISIONS Supervisor Desch stated that the process for considering two lot subdivisions is very complicated and I would like to have you think about , from the standpoint of efficiency , the feasibility of having the staff granted the authority to approve two lot subdivisions and then each month report to the Planning Board , a list of those that have been considered the previous month . He stated that he was not quite sure how to dovetail that wording into the subdivision regulations yet . No action will be taken on this item tonight . SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 5 -1 1985 RESOLUTION N0 . 32 Town Board Meeting 14 February 9 , 1987 Motion by Supervisor Desch , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P .M . , on March 9 , 1987 to consider amending Local Law # 5 - 1985 , relating to flood damage protection . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . TOWN OF ITHACA WTRRANTS RESOLUTION N0 , 33 Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 9 , 1987 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 43 , 667 . 94 General Fund - Outside Village . . . . . . . . . . . . . . . $ 14 , 798904 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31 , 756 . 77 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 341 , 763 . 66 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . $ 502 . 70 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 , 34 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated February 9 , 1987 , in the Operating Account are hereby approved , in the amount of $97 , 629 . 29 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . CONSIDER A LOCAL LAW ON THE REZONING OF A PORTION OF THE LANDS OF PAUL A . JACOBS , LOCATED AT 136-146 SEVEN MILE DRIVE The following letter was presented to the Board : A letter dated February 5 , 1987 from Marjory Rinaldo-Lee , C . P . G . S . , Empire-Thomsen of Groton , New York : "At the request of Mr . Seldin I have reviewed the information • submitted by Mr . William Albern concerning pump tests at the proposed Collegeview Mobil Hone expansion . The testing performed to date is inadequate to evaluate whether Pumping from the wells will have any impact on nearby private wells . The recent pump test performed by Mr . Howell was on the well identified as Well # 1 on the site plan , the well near the center of the mobil hone park . Although this well is about 300 feet from the property line ( according to Mr . Albern) I Well #21 which is behind the barn , is less than 50 feet from the property line . The pumping test performed on this well by Mr . Howell in Town Board Meeting 15 February 9 , 1987 May , 1986 showed a much greater drawdown ( 80 feet) then the pumpi w ng test run on January 16 , 1987 on Well # 1 . The pump test performed on Well # 1 cannot be used to extrapolate potential drawdowns from pumping Well # 2 if Well # 1 is shut off for some reason and the water for the mobile hone park must be supplied by Well #2 . The pump test for Well #2 indicated a much greater drawdown than the pump test on Well # 1 . When Well # 2 was tested , it had a drawdown of 80 feet . In addition , the pump tests were performed during the time of year when water levels are generally high , May and January . The well yields would probably be much lower if the wells were tested in late summer when water levels are low . The residents in the area report their problems with wells yields are in the simmer , not spring or winter . In summary , the testing performed to date by Mr . Albern does not show that pumping fran Well # 2 will have no impact on nearby private wells . In fact , the 80 feet of drawdown observed during the pumping test on this well in May 1986 indicates pumping fran this well could influence water levels beyond the property boundary . In order to adequately assess potential impacts from pumping this well a pump test should be run on this well and water level measurements taken during pumping at both Well # 1 and the nearest private well . The test should be run for a minimum of 72 hours with water level measurements taken on a much greater frequency during the first hour of pumping than was done for the January 16 , 1987 test . Water level measurements need to be taken in the pumping well at least every minute for the first 10 minutes of plumping , then decreasing to every 2 minutes for the next 10 minutes , every 5 minutes for the next 10 minutes , and every 10 minutes for the next half hour . Water levels in the two other wells should also be measured every 10 minutes during the first hour of pumping . These measurements are needed to adequately evaluate potential impacts from this well . We also think that Mr . Seldin should be notified in advance of the test so that he can have someone independently observe the test . If you or the Town Board has any questions about this letter I would be happy to answer them . " Councilwanan Raffensperger presented the following memo to the Town Board dated February 6 , 1987 : "Please note # 3 of the referenced memo . The reasons for my previous negative vote on this rezoning went beyond the County Health Department ' s approval of minimum water and sewer system requirements for the site . They included the long-standing problems of water supply in the Inlet Valley area and the possible impact of the park expansion on these problems . We have had conflicting "expert " testimony on that score (Rinaldo-Lee , Albern , Howell , et . al . ) . Additionally , there has been much contradictory if not misleading , • input as to fire safety . Recent correspondence (Olmstead 1 / 27/ 87 , Albern 2 / 5/ 87) makes it clear that such matters as amount of water for fire protection existence of tankers , hose connections , etc . , are not appropriate to our review . The question of access is . I am uncertain as to the Town Board ' s intentions re extension of water and/or sewer to Inlet Valley . I note the Planning Board resolution ( 12 / 2 / 86 , 3 ) b . ) which describes "the currently foreseeable infeasibility of developing public utilities in this area " , the 1983 reports on Water System Improvements and addenda , Town Board Meeting 16 February 9 , 1987 the lack of cost figures for such an extension , and reference to a 5-year time frame in the Desch memo , 2 / 5 / 87 . There has been much talk of discrimination of one sort or another around this project . The Town of Ithaca has declared its intention to provide for all types of housing in the Town . It IS discriminatory not to assure , within our ability , that all housing , whatever its type , be provided with adequate services and safety . For these reasons , I will propose amendments to the draft local law in two areas : 1 ) a phased development of the project . This project has always been described as phased ( see P . B . minutes , June 1986 and later) but those phases remain undefined . In fairness to the developer , residents of the mobile hame park and to the neighborhood , it seems reasonable to define and limit those phases , with an evaluation of the project and the town ' s progress in planning utility extensions to the area preceding the final site plan approval and issuance of building permits for the next phase . 2 ) the local law should addres minimum requirements for access for fire protection . " William Seldin , attorney for the residents stated that as the data tells us , if they go to the back up well , whether it ' s 10 or 30 mobile hames , that the draw down is so significant now from the test that have been done that Mr . Josselyn ' s property and others will be effected by its Supervisor Desch stated that as he understoods it , if the phasing proposal is adopted , if at the end of the initial phase it is determined that the water supply in inadequate then the remaining mobile have lots could not be developed until one of two things happen , one either further on site wells of adequate capacity were provided or public water was installed . Just so that it is understood that it doesn ' t mean that should those wells fail that there ' s no further development ever . Mr . Albern responded that he was not familiar with what paragraph 2 discusses . He asked Mrs . Raffensperger if she was saying that the road shall be changed within one year instead of two years ? Councilwoman Raffensperger responded , that what I ' m now asking the Town Board to make that recommendation to the Planning Board , Mr . Albern went on to say that there was no reference to Phase III . Councilwaman Raffensperger responded , that because Phase III camas after the canpletion of Phase II and is the campletion of the 52 units which is referenced later in the local law . Mr . Albern questioned if at the very end of Councilwanan Raffensperger ' s proposal , shouldn ' t Phase III be mentioned? Supervisor Desch responded that we will work that out . He went on to say that as far as for Councilwanan Raffensperger ' s proposed changes , we can ' t vote on them . We can determine that we want to • modify the local law to incorporate them , if that ' s the desire of the Board and schedule another public hearing . Supervisor Desch then asked for comments on the proposed phasing . Councilman McPeak stated that he felt the proposal would help the Board get started . Supervisor Desch stated that he had a problem with the 10 . He stated that he felt it was unreasonable to expect any developer to make the investment that has to be made in roadwork , water and sewer with so little expectation that that investment could be Town Board Meeting 17 February 9 , 1987 realized in a reasonable length of time . The way the project is broken down with the layout of the sand filters , water and sewer and roadway that 17 is not unreasonable . If it is desirable to have a phasing , it seems to me that should be the breaking point , not a lower number and I 'm not sure that it shouldn ' t be two phases rather than three . It was the concensus of the Board that the phasing was a good idea . The Supervisor then asked the Board their opinion of the number in each phase . Councilman Bartholf stated that he felt the number should be 15 , • plus the 2 from the other lot . Councilwoman Howell stated that she felt the same way . She went on to say that she felt the Board had asked Mr . Jacobs to continually do this and do that and this and that and cow back and come back and he has tried his best and has worked hard to get done what we have asked him to do and she stated that she felt if the Board was going to phase it , which is a good idea , we should allow him to have the 15 units to start with . Councilwoman Raffensperger stated that she was going to defend her 10 because the 10 with the 2 you will get as a bonus because of moving 2 exceed a third . She stated that she was not being arbitrary or neat and tidy , that ' s why I did it . She stated that she recognized that it was slightly more than a third and it seemed to her that it was a reasonable thing to do then evaluate what has happened . First of all to make sure it is adequate for the people who are going to be living there and second that it does not act unfavorably on the adjoining landowners . Councilman Cramer stated that he would like to set another date . He went on to say that he felt there was an economical issue here and there is also an issue of concern for the neighborhood . He stated that he had no problem with the 10 that Councilwoman Raffensperger has spent a considerable amount of time developing the proposal . He went on to say that if 10 is a problem for the developer , then the Board should hear from the developer . Mr . Jacobs , through Mr . Albanese , stated that he would accept 12 , if that is what the entire Board would reasonably accept , on a three phase development . Supervisor Desch reminded Mr . Jacobs and Mr . Albanese that they were accepting going through this testing process at the end of each phase . Mr . Jacobs responded , "we don ' t have anything to hide " . Councilwoman Leary remarked that if Mr . Jacobs feels he can proceed with 10 units , then we should get together and just agree on that number , if he thinks it ' s worth it . • Mr . Josselyn remarked , what about Mr . Jacob ' s track record at this point though , on the current one . Councilwoman Leary stated that she had a question on the Supervisor ' s memo on the extension of water and sewer . She asked why 1989, couldn ' t that be speeded up .> Supervisor Desch responded no , because of the economic balance of the water and sewer fund would mean you would have to have an increase and then a decrease later on . From the standpoint of financial resources and engineering resources it would be too Town Board Meeting 18 February 9 , 1987 costly to do anymore than we are trying to do now in a short period of time . Councilwoman Raffensperger stated that since Mr . Jacobs concurred with the phasing , she would then proposed the following amendments : RESOLUTION N0 , 35 Motion by Councilwoman Raffensperger , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby direct the Town Attorney to include the following proposal in the draft • local law , add after 2 . (c ) - new (d) The addition of ten mobile homes is permitted within a period of one year from the effective date of this local law . (Phase I ) Upon the completion of Phase I the developer , in cooperation with the Town of Ithaca Engineer and the Tompkins County Health Department , will conduct such tests as the Town Engineer may find necessary to determine reasonably the adequacy and safety of the water and sewer systems , including an evaluation of any impact on adjoining landowners . The Town Engineer shall make a report of such tests and a progress report on the plan to provide public water and sewer to the Inlet Valley area to the Town of Ithaca Planning Board preceding any final site plan approval and issuance of building permits for Phase II . Phase II shall permit the addition of ten mobile homes to the rezoned area within two years of the effective date of this local law and shall be followed by an evaluation as required after Phase I . 2 . ( f) final site plan approval , add of Phase I . 2 . (d) substitute reconstructed for resurfaced change within two years to within one year add , after earlier , to meet NFPA standards as to width , parking , surface construction and turnaround size . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . AMENDING LOCAL LAW # 3 - 1983 , ( IN REGARD TO THE FORMER "MAJESTIC HEIGHTS " DEVELOPMENT LOCATED ON EAST KING ROAD) . Proof of posting and publication of notice of a public hearing to consider amending Local Law # 3 - 1983 , ( in regard to the former "Majestic Heights " development located on East King Road having been presented by the Town Clerk , the Supervisor opened the public hearing . David Auble , developer , presented drawings of his proposed project . Mr . Auble noted the change from 7 plex buildings to 8 plex • buildings . The 7 plex buildings were a mixture of one and two bedrooms units . It was simpler to go with the two bedroom units which made 8 apartments per building and which also resulted in a reduction of buildings from 17 to 15 . Total rental units stay the same , at 119 . Density is 3 . 9 units per acre on this site . The drainage system , for this site , was designed in 1973 by Paul Erdman , consulting engineer from Rochester . It was designed to handle a much greater runoff than was expected by either his development or the subsequent design by Bill Manos . There seems to be more than adequate drainage for the site . These are the basic differences . The amount that was intended to be invested in the Town Board Meeting 19 February 9 , 1987 project is considerably more than was approved for the Manos site , just because of design differences and a little more improved design . We have approved the emergency access and in parking convenience for the tenants , improved fire protection through increased hydrants . The Planning Board suggested adding a bus stop to the access road which we did . We moved the entrance to a safer location so there will be no conflict with Ridgecrest Road . Added a sewer easement , a request frcen the Town , to make the sewer lines more accessable for future development . Designed an onsite rental office . Councilman Cramer asked about the notification of blasting . What kind of blasting , are the original foundations of Beacon Hill to be • blasted and carted away? Mr . Auble responded no , there ' s no blasting intended . That was put in in case there might be . The foundations will be ripped out by machines . We have no intentions of blasting . Adolph Colletti , Colletti Engineers of Sherburne stated that his firm had been engaged by Ithaca I Associates , Mr . Auble and Mr . Cesari , to prepare and to present plans for the Majestic Heights project on King Road . Back in November , Mr . Cesari and Mr . Auble came to my office with plans to build a series of projects at the King Road site and our collective intentions have to date been for that goal . If there are any other additional technical questions concerning the project Mr . Auble or myself will be glad to answer your questions or I will go back to may office and achieve those answers at the earliest possible date . Councilwoman Raffensperger asked if the zoning reversion clause had been omitted . Town Attorney Barney responded that there wasn ' t really a zoning reversion clause but a time within which construction was to be started and completed , we just extended it . Susan Beeners responded that the zoning reversion clause was in a portion of a Town Board resolution for the project , but apparently it was dropped in the final rezoning local law . Councilwoman Raffensperger remarked , if it never was included then why is it being deleted? It says paragraph E of section 1 of the resolution referred to in said local law is hereby deleted . Ms . Beeners responded , that ' s in the Town Board resolution of February 17th . It says " in the event that the entire parcel or portion thereof is sold or otherwise transfered to a party other than Bill Manos while any portion of the land remains undeveloped , in accordance with the site plans and conditions and agreements referred to in this resolution , then the portion of the lands which remain undeveloped shall revert to a Residential R- 15 District and the development thereof as a Multiple Residence District shall be permitted only after an applicant , meaning application , for approval for site plans and other matters according to local requirements . Supervisor Desch responded by adopting this local law, including this deletion , you supersede this requirement . As no one else present wished to speak for or against the proposed local law, the Supervisor closed the public hearing . LOCAL LAW NO . 3 - 1987 Town Board Meeting 20 February 9 , 1987 Motion by Councilman MCPeak , seconded by Councilman Bartholf , LOCAL LAW NO . 3 - 1987 A FOCAL LAW AMENDING THE ZONING ORDINANCE REQUIRIIMENTS FOR THE FORMER MAJESTIC HEIGHTS DEVELOPMENT ON EAST KING ROAD , TOWN OF ITHACA WHEREAS , by resolution and ordinance duly adopted by the Town Board on February 7 , 1983 , a Multiple Residence District was created on East King Road in the Town of Ithaca (now tax parcel No . 6-44-1-4 , 31 ) ,, and • WHEREAS , in conjunction with said resolution and ordinance certain requirements were imposed with respect to such Multiple Residence District , and WHEREAS , the Town Board wishes to alter certain of those requirements and restrictions as hereinafter set forth , and WHEREAS , the Town of Ithaca Planning Board has found by resolution adopted January 20 , 1987 that the revisions to the project do not represent a significant change from the size and scope of the project as was originally approved in 1983 and as originally subjected to environmental review at the time , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca as follows : 1 . Local Law No . 3 for the year 1983 be and the same hereby is amended as follows : A . Section 3 , paragraph A of said Local Law is amended to read as follows : "A . The provisions of paragraph ' A ' , ' B ' , and ' C ' of Section 1 of the Resolution referred to above which is attached hereto contain modifications , conditions , and requirements relating to the rezoning of the subject parcel into a Multiple Residence District and its development by the construction thereon of multiple family units . The aforesaid paragraphs , ' A ' , ' B ' , and ' C ' are incorporated into this Local Law and made a part hereof as if they had been set forth in the body of the text rather than an Appendix thereto and they shall apply to the rezoning and the development of the subject parcel except as they may be specifically modified or added to by subsequent provisions of this Local Law . B . Section 3 , paragraph C of such law is modified to read as follows $ "No buildings and residential units in excess of those approved by the Town Planning Board on January 18 , 1983 shall be permitted and the construction , development and • use must comply in al respects with the site plans and conditions of approval and rezoning adopted by the Town Planning Board on January 18 , 1983 and by the Town Board on February 7 , 1983 and with the Revised Plan as approved by the Planning Board on January 20 , 1987 , and no variance in the construction , development , and use of the parcel shall be permitted except as may be permitted by the Town Planning Board , or agent of the Town as the Planning Board may designate in the case of such minor changes which do not increase the size or scope of the project or vary the intended use of the site . " Town Board Meeting 21 February 9 , 1987 Co Section 4 , paragraph B is modified to read as follows : "B . The Town now makes a legislative finding that the owner would reasonably require a period ending April 1 , 1990 to commence and complete the construction of the improvements on the project . " D . Section 4 , paragraph C is hereby amended to read as follows : "C . Any building permit issued subsequent to the enactment of this law may be revoked or modified at the option of the Town Planning Board if • ( i) construction of the project has not been substantially commenced by October 1 , 1988 , or ( ii ) if such construction has not been substantially completed by April 1 , 1990 . The time within which such building permit shall be effective may be extended , if good cause is shown , by the Town Planning Board . " E . Paragraph E of Section 1 of the Resolution referred to in said Local Law is hereby deleted . F . The requirement contained in Part III of the Environmental Assessment Foram filed in the SEAR proceedings conducted by the Planning Board on June 18 , 1983 requiring development proceed in phases from east to west across the site be and the same hereby is deleted . G . The notification requirement , as set forth in Part III of the Environmental Assessment Form filed in the above mentioned SEQR proceedings is hereby modified to read as follows : "The developer shall notify , in writing , residents in the area within a 500-foot distance of the project who might be affected by any blasting for utility , foundation , or other construction , reasonably in advance of the date when such blasting will occur , giving the date and hour . The developer shall specifically notify Cornell Plantations , in writing , a minimum of 48 hours prior to any such blasting , and is requested to contact Cornell Plantations , for purposes of preliminary planning , as soon as it is known that any blasting may be going to occur . " 2 . This Local Law shall take effect upon its filing with the Secretary of State of the State of New York or ten days after its publication , whichever date is later . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye 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 . 3 - 1987 , was thereupon declared duly adopted . Town Board Meeting 22 February 9 , 1987 LOCAL LAW AMENDING THE ESTABLISHING OF THE EASTWOOD COMMONS MULTIPLE RESIDENCE ZONE Proof of posting and publication of notice of a public hearing to consider a local law to amend the establishing of the Eastwood Commons Multiple Residence Zone having been presented by the Town Clerk , the Supervisor opened the public hearing . Tony Egner , 18 Wildflower Drive asked about the revision under section 4b ( 2 ) , which says it will be deleted and a new paragraph inserted . I am wondering what the sidewalk and bicycle path are going to be made of , there is no definition of the construction . I assume there are two of them, one sidewalk and one bicyle path by • the way it ' s written . And then Section 4b ( 3a) is hereby amended to say one or more of Associations rather than the Association , etc . , etc . An yet you go back to the initial law and you read paragraph 3 and it says that they will be responsible for maintaining them . I should think there should be a definition of which Homeowners Association and how they will be maintained . The materials will affect the maintenance . How will the maintenance be divided between the various Homeowners Association? Also , when is this development to take place and when will the various Homeowners Associations pick this up from the developer? Supervisor Desch responded that the materials for the sidewalk and bicycle path would be a decision that the Planning Board would make in their site plan approval . He then asked Mr . Schickel if he would respond to the questions regarding the Homeowners Association . Mr . Schickel responded that basically we were asked to build the walk and we are willing to build it . Supervisor Desch responded that he was referring to the second part of the question , deterring what part of the maintenance , no matter what the material is , what will be distributed between what associations ? Mr . Schickel stated that it was a fairly complicated negotiationg situation . The present Homeowners Association has wanted a walkway and bicyle path to the Bikeway . If its built on the present Association property that ' s one thing , if its built other property - I haven ' t got an exact answer to that question . I haven ' t worked this out yet . Mr . Egner asked when would the walkway and bicycle path be done ? Mr . Schickel responded , we are anxious to do it , we don ' t have complete control of all of the elements in that . We are willing to do our part and it involves agreements fron others which we can ' t totally control . Supervisor Desch asked if the present Association had to vote on this ? Mr . Schickel responded they may and they may not , it depends on how my negotiations with others proceeds . We intend to provide a walk as soon as practical . I have to get an agreement from a number of parties and I have explained that from the beginning . A lady in attendance asked if the pathway would be plowed and maintained on the same level as the other walkways in the Association holdings ? Mr . Egner responded that the question relates as much to the Town law as it does to the developers involvement here . You have Town Board Meeting 23 February 9 , 1987 specified that this was going to happen , so we are really wondering what is the expection from the Town against the developer and also to the Homeowners Association I , II or whatever at some future date . Supervisor Desch stated that the Association assumes the liability here so that needs to be clarified . Mr . Egner remarked that it says the Association will control the use , does that mean we can put a gate up . Are they two separate paths ? Mr . Schickel responded , it is my understanding that it is a single • paved walk . Nell Mondy , 126 Honness Lane asked where the walk was to go , where is it to connect to the bikeway? Susan Beeners responded it goes on the northeastern most side of the existing development , adjacent to the Orcutt property . Ms . Mondy stated that a number of people had called her today . They could not be here tonight but asked her to convey the thoughts . Our concern is we are getting very conjested and we would like for the Town Board to give very serious thought about the traffic that we are now having on Honness Lane and the inconveniences that it has caused the whole neighborhood . We are very much concerned and we did present a petition asking that truck traffic be taken off except for certain weight of trucks . I did get an answer fron you recently that further consideration will be given to this . But it does concern the overall development of the area . When we bought there we had no idea that we were going to have two outlets fron very conjested areas within 300 ' of one another . It is now getting very difficult , even without the completion of these developments , to get out of ones driveway . When purchasing a piece of property and you look at the situation , we had no idea that we were going to have so much development in such a short time . We would like very much for the Town Board to give very serious thought to this increase in density in our neighborhood . Supervisor Desch responded , you realize this plan has been in place since 1973 . Councilman Cramer questioned the need for additional associations . There seems to be a certain amount of confusion by the present Homeowners Association and by the developer over the composition of this new association which has not been formed . He asked if there was any remedy for the need for a secondary Homeowners Association or whether the existing Association , which has dealt effectively with the developer over time and has a very good track record could not be brought to bear in some added relationship with this new phase . Do we infact need to have a second Homeowners Association? Mr . Schickel responded that he believed as a practical matter we • do . He stated that he did not see them in conflict or anything like that . He saw it as an allied association . We want to build the pavilion and the present Homeowners Association , I don ' t feel , they would want to undertake this . Ms . Mondy responded that she was talking about the two outlet within 300 ' and what it has done to the neighborhood and how it has changed our lives . As no one present wished to speak , the Supervisor closed the public hearing . Town Board Meeting 24 February 9 , 1987 LOCAL LAW NO . 4 - 1987 Motion by Councilman MCPeak ; seconded by Councilwoman Howell , LOCAL LAW NO . 4 - 1987 A LOCAL LAW AMENDING THE ZONING ORDINANCE REQUIREMENTS FOR THE EASTWOOD COMMONS MULTIPLE RESIDENCE ZONE WHEREAS , by resolution and ordinance duly adopted by the Town Board on February 26 , 1973 a multiple residence district was created on Honness Lane ( then tax parcel no . 60-1-25 . 2 ) , and • WHEREAS , in conjunction with said resolution and ordinance certain requirements were imposed with respect to such multiple residence district , and WHEREAS , the Town Board wishes to alter certain of those requirements and restrictions as hereinafter set forth , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca as follows . 1 . The resolution establishing a multiple residence district and a cluster development therein on property then of Schickel Environmental Development Company and more recently of Eastwood Commons Development Company on Honness Lane , Town of Ithaca , New York , adopted by the Town Board as both a resolution and an ordinance on February 26 , 1973 be and the same is amended as follows : A . Section 4 . B ( 2 ) is deleted and a new section 4 . B ( 2 ) is inserted as follows : " ( 2 ) The developer , at his ' own expense , shall construct a sidewalk and bicycle path fron the multiple residence district to which this ordinance and local law relates to the East Ithaca Recreationway on the former Lehigh Valley . Railroad right-of-way , such walk and path to be maintained by the Hcmeowner ' s Association in accordance with the provisions of subparagraph ( 3 ) immediately following . " B . Section 4 . B ( 3 ) (a ) is hereby amended to read as follows : " ( a) all other open space shown on the site plan will be owned , maintained , and the use thereof controlled by one or more owners ( residents ) associations , incorporated as not-for-profit corporations , or other similar legal entities , capable of holding title to the land . The by-laws of any such association shall contain a provision that no by-laws , or other rules or regulations , shall be deemed to be effective unless the Town Board approves the same , but the Town Board may , from time to time , waive the requirement of approval . The membership of such association or associations shall consist of owners of the Eastwood Commons Subdivision . Provision shall be made that all owners of the Eastwood Commons Subdivision shall belong to one or more of such associations . The certificate of incorporation of any such association shall not be deemed to be effective and shall not be filed with the State of New York , unless approved by the Town Board . " Co Section 4 . b is amended by adding a new subparagraph ( 5 ) to read as follows : Town Board Meeting 25 February 9 , 1987 " ( 5 ) A letter of credit , in a form and in an amount acceptable to the Town Supervisor , the Town Engineer , and the Town Attorney , shall be received by the Town for the completion of Harwick Road identified as Sunnyslope Lane as shown on a map entitled "Eastwood Commons - Phase III , Honness Lane , Ithaca , New York , Site Development Plan , Sheet S- 1 " , dated November 12 , 1986 by Schickel Design Company , Inc . Sunnyslope Lane shall be completed from Harwick Road northwesterly to a point 280 feet from the intersection of its center line with the center line of Harwick Road . Such letter of credit shall also cover the completion of the utilities , landscaping , and other site work required for the completion of Buildings 30 and 31 • and the completion of the Pavilion as all of the above may be approved by the Planning Board . Such letter of credit shall be so received prior to the issuance of any building permits for Phase III of Eastwood Commons . No certificate of occupancy and no more than the building permits necessary for the construction of Buildings 30 and 31 and the Pavilion shall be issued for any structures in Phase III of Eastwood Commons until Harwick Road and the road presently identified as Sunnyslope Lane are constructed to Town specifications in the locations and for the dostamces set forth above . Any of the requirements set forth in this subparagraph ( 5 ) may be modified or waived by application to the Planning Board . D . Section 4 . 0 is deleted and a new section 4 . 0 inserted as follows : "C . The water and sewer plans for each phase shall be approved by the Tompkins County Health Department and the Town of Ithaca Planning Board prior to the issuance of any building permits for such phase . " E . Section 5 is hereby deleted . F . Section 6 . (b) is amended to read as follows : " (b) . Such units shall be built in clusters not exceeding four units in each cluster , provided , however , that the Town of Ithaca Planning Board in its discretion may authorize up to six units in each cluster in Phase III of such development if it finds such cluster or clusters are compatible with the overall design , density , and character of the earlier phases of the Eastwood Commons development . " G . Section 6 ( c ) is amended to read as follows : " (c ) . Unless waived by the Town of Ithaca Planning Board or unless a variance is granted by the Town of Ithaca Zoning Board of Appeals , no building in this zone shall exceed two stories in height above ground level . " • H . Section 7 . ( c ) is amended to read as follows : " ( c ) . Prior to the application to the Town Planning Board for final site plan approval for each phase , the applicant shall sulrnit his plans to the Town Planner who shall review the same and make recommendations to the Town Planning Board . " 2 . This local law shall take effect upon its filing with the Secretary of State of the State of New York or ten days after its publication , whichever date is later . Town Board Meeting 26 February 9 , 1987 Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councin Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 4 we 1987 , was thereupon declared duly adopted . • REPORT ON PROPOSED VMTER AND SEWER EXTENSIONS Supervisor Desch presented the following 1987 Water and Sewer Improvement Project Financial Plan : As I reported at the January 12th Town Board meeting , the scope of these projects is taking shape and will be formally presented at our February 9th meeting . I indicated that the scope would be somewhat different from the brief preview that we saw in October 1986 , for a number of reasons which are elaborated here . The Trunk Main from the Hospital Area to Route 89 The reason to eliminate this from the project becomes evident when you look at the City of Ithaca ' s response . East King Road/Coddington Road Water Extension On November 10 , I wrote to each property owner that would be impacted/benefitted by this improvement . Of the 24 parcels involved , property owners of about 7 responded and their response was just about split 50 / 50 some having good wells and others desiring either better quality water than the wells offered or fire protection or both . It would be unwise to further consider this element of the improvement with this kind of response . Therefore , we have excluded it from the project at this time . East Shore Drive Sewer The October report included only the area being annexed from the City and the parcels to the north as far as the " cove " where the marina starts . It was my intention to include all the properties in the Town on East Shore Drive , so this has now been done . West Haven Road Sewer (As far north as Dr . Mitchell ) In response to our Newsletter , several property owners have requested sewer now that they have water . This is a very modest additional cost for the benefit to be gained and we have an ongoing need to pave West Haven Road . The sewer extension is , therefore , included in the project . The extension will go as far as Dr . Mitchell ' s house where the topography is such that the area to the north will be sewered from Mecklenburg Road in the future , once we have been able to work out a way to connect to a new extension of the City system . • Campbell Avenue Sewer Although the 5-6 property owners in this pocket petitioned a long time ago , we have failed to include this in past projects because of the expense of connecting to the sewer on Cliff Street . This now becomes less expensive because of City plans to reconstruct Cliff Street during the summer of 1987 . Warren Road Water Line Loop Cornell University has requested that the Town disconnect a portion of the Forest Home area from their system and reconnect to Bolton Point because of the increasing demands on the University supply Town Board Meeting 27 February 9 , 1987 and the poor condition of their Warren Road pumping system . The benefit to the Town will be the fain in golf course consumption units and a considerable amount of University undeveloped land . Cornell Quarters Sewer The connection to the City needs to be rerouted to the flow meter on Mitchell Street . This will permit the Town to assess 100 benefit units and sewer the remaining houses on Maple Avenue . Project Budget/Unit Costs The water project has been reduced to $ 1 , 000 , 000 from $ 1 , 156 , 000 and the sewer project increased to $ 1 , 350 , 000 up from $1 , 015 , 000 in the October 1986 report . • In order to finance the water project the enclosed analysis shows that a $ 10 /unit increase will be required . This in my judgement is a very small price to pay for responding to a critical need expressed by the people on West Hill in the area to be served . The modest growth that is expected to occur will bring about a better balance of growth throughout the Town thereby giving people who wish to live in Ithaca , and in the Town in particular , a more equal choice of South , East or West Hill . I believe we should prefer to see this choice , i . e . , $ 126 per year for water/ sewer than to encourage a shift in our economic base development toward other Towns where the price of water along will be $ 400-500/year . The increase is in line with the projection we have indicated to the property owners in the new extension areas . I am confident that the property owners who pay water and sewer benefit throughout the Town will support this increase on the following basis : ( 1 ) The critical need expressed by those property owners on West Hill ( i . e . , 204 signatures of the petitions ) and the potential health hazard that , while not as crucial as Jacksonville will none the less increase as West Hill growth occurs . ( 2 ) The increased fire protection that will , in conjunction with ( 1 ) increase property values in the area to be served , thereby spreading the tax burden more evenly throughout the Town . ( 3 ) The water quality of the lake will significantly improve . This is a major objective in conjunction with our having spent $36 , 000 , 000 on the new sewage treatment plant . ( 4 ) The improvement is in keeping with the water extension master plan developed by the Town several years ago . ( 5 ) The investment in improved fire protection on West Hill in conjunction with the Fire Master Plan and plans for a new fire station are consistent . For example , it would be a mistake to design and equip a new station on the basis of no public water and then within 5 years provide such a system . Having accomplished the improvements by mid 1988 , does not mean our work is finished . We should keep in mind the need someday ( 3-6 • years ) to water and sewer Inlet Valley , Vera Circle and other upper elevation areas of West Hill , the remainder of Coddington Road and King Road area and perhaps others . These improvements of course , will have to be justified on a case by case basis . FINANCIAL PLAN SEWER IMPROVEMENT PROJECT Town Board Meeting 28 February 9 , 1987 Incremental Revenue available for 1988 interest payment of $ 67 , 500 ( $ 1 , 350 , 000 @ 5 % BAN) 12/ 31 / 87 estimated sewer fund balance $ 440 , 000 Available project and fund interest earnings 25 , 000 1988 debt reduction 71000 200 new units constructed 1987 @ $ 50 10 , 000 250 units added by this project @ $50 12 , 500 Total $ 494 , 500 494 , 500 - 67 , 500 = $ 427 , 000 i1989 Incremental Revenue available to pay $ 175 , 500 first P & I payment 12 / 31 / 88 sewer fund balance $ 427 , 000 Available project and fund interest earnings 20 , 000 1989 sewer fund allocation available 30 , 000 1989 debt reduction 7 , 000 450 units added 1987 22 , 500 200 units added in 1988 10 , 000 Total $516 , 500 516 , 500 - 175 , 500 = $341 , 000 1990 Incremental Revenue available to pay P & I of $ 170 , 100 12 / 31 / 89 sewer fund balance $ 341 , 000 Fund interest 15 , 000 1990 debt reduction 13 , 600 1990 sewer fund allocation available 30 , 000 650 units added ' 87 , 188 32 , 500 200 units added in 1989 10 , 000 Total $442 , 100 442 , 100 - 170 , 100 = $ 272 , 000 1991 Incremental Revenue available to pay P & I of $ 164 , 700 12 / 31 / 90 sewer fund balance $ 272 , 000 Sewer fund interest 15 , 000 1991 debt reduction 13 , 500 1991 sewer fund allocation available 300P000 850 units added ' 87 , 188 , ' 89 42 , 500 200 units added 1990 10 , 000 • Total $383 , 000 383 , 000 - 164 , 700 = $ 218 , 300 1992 Incremental Revenue available to pay P & I of $ 159 , 300 Sewer fund balance $ 218 , 300 Fund interest earnings 15 , 000 1992 debt reduction 13 , 586 Sewer fund allocation available 30 , 000 Town Board Meeting 29 February 9 , 1987 900 units added 187- 190 42 , 000 200 units added 1991 10 , 000 Total $ 328 , 886 328 , 886 - 159 , 300 = $ 169 , 586 The sewer fund balance expected on 12 / 31 / 87 is too high to retain on a steady state basis . Although these cost projections show that an increase in the benefit assessment may be necessary in 1995 or beyond , the actual adopted maturity schedule will be more favorable as to principal payment schedule and as to interest rate and will • obviate the need for such an increase . Also , the sewer fund will experience additional growth beyond the allocation included above . For example , we will be negotiating a new agreement with Dryden for the use of Town collection and distribution systems . In the past they have been paying only one third of the benefit rate . FINANCIAL PLAN WATER INPROVIIMENT PROJECT Incremental Revenue available to pay $40 , 000 interest payment in 1988 12 / 31 / 87 estimated water fund balance $ 105 , 000 Project and fund interest earnings 25 , 000 1988 debt reduction 24 , 700 200 new units constructed in 1987 @ $64 12 , 800 5 , 800 units $ 10 increment 58 . 000 250 new units added by this project 16 , 000 Total $ 241 , 500 Additional revenue less interest payment this improvement equals fund balance 1 / 1 / 88 241 , 500 - 40 , 000 = $ 201 , 500 Incremental water revenue available in 1989 to pay full principal and interest of $ 130 , 000 1988 balance $ 210 , 500 Interest earnings 10 , 000 Debt reduction in 1989 6 , 600 5 , 800 benefit assessment increments @ $ 10 /unit 58 , 000 450 units added in 1987 @ $ 64 28 , 800 200 units added in 1988 12 , 800 • Total $ 317 , 700 Total less P & I payment of $ 126 , 000 = $ 191 , 700 Incremental note revenue available in 1990 to pay second year principal and interest payment of $ 122 , 000 1989 balance $ 191 , 700 Interest earnings (water fund) 51000 5 , 800 units @ $ 10 58 , 000 Debt reduction 1990 51100 Town Board Meeting 30 February 9 , 1987 650 units constructed 1987 , 1988 41 , 600 200 new units constructed 1989 12 , 800 Total $ 314 , 200 314 , 200 - 122 , 000 = $ 192 , 200 Incremental water revenue available in 1991 to pay third year principa ; and interest payment of $ 118 , 000 1990 balance $ 192 , 200 Interest water fund 5 , 000 Debt reduction 5 , 100 5 , 800 units @ $ 10 58 , 000 ' 87 , ' 88 , ' 89 - 850 units constructed 54 , 400 200 constructed 1990 12 , 800 Total $ 327 , 500 327 , 500 - 118 , 000 = $ 209 , 500 1992 1991 balance $ 209 , 500 Debt reduction 7 , 200 Interest water fund 51000 5 , 800 units @ $ 10 58 , 000 1 , 050 units 187- 190 67 , 200 200 units constructed 1991 12 , 800 Total $ 359 , 700 Beyond 1992 , the $ 10 /unit additional benefit assessment for the improvement will be adequate to retire the debt even without sustained growth . In actuality the annual debt payments will be less due to more favorable scheduling of principal payments while still complying with the 50% rule . Furthermore , the maturity schedule is based on amortization over 20 years at 8 % . It is quite likely that our interest rate will be about 6 % . Therefore , if construction declines (highly unlikely) the $ 10 increase in benefit assessment will still suffice and perhaps without further increase . Further , each year there is a fund balance of $ 10 , 000-$ 15 , 000 resulting from the benefit assessment of units in existence prior to 1987 , in excess of principal and interest payments needed to pay off the debt that remains from previous borrowing . ( i . e . , $54 /unit) . Councilwoman Raffensperger questioned why the Town was not going to do the trunk main from the Hospital ? Supervisor Desch responded , the City Cass Park system does not have • anywhere near the capacity to handle that flow . Councilwoman Raffensperger ask if the Town did not have an alternative ? Supervisor Desch responded no , it has to go through the hospital system , it has to go where it goes now . We have talked about upgrading the hospital system for years but have not borrowed the money to do so . The second alternative is to put the sewer line down past the old heating plant and spend a major amount of money upgrading the City system along the lake shore all the way to Park Town Board Meeting 31 February 9 , 1987 Road , on into the Octopus . There is sufficient capacity for the proposed water extensions . Town Engineer Flumerfelt referred the Town Board members to the maps in their packets , which would give them an overview of the proposed extensions . He went on to say that Map # 2 includes all of the West Hill area , the area north of the hospital . Map # 1 includes several of the smaller areas . Map #3 includes East Shore and West Shore areas . Councilman Cramer questioning the Woolf Lane area water improvements , asked if this was covered by water # 1 ? • Town Engineer Flumerfelt responded yes , it will connect on to the existing water main north of the hospital go northerly to Indian Creek Road then serve all of Indian Creek Road , Happy Lane , etc . Councilman Cramer asked if Dubois Road was being served out to the Town line ? Supervisor Desch responded , yes . Councilman Cramer questioned what had happened to sewer for Tr umansburg Road , these people had petitioned for sewer also . Councilwoman Howell remarked , this is not good . Councilman Cramer asked if it was impossible to loop the sewer line on Tnmiansburg Road and connect it to the Dubois Road sewer system? Town Flumerfelt responded that it was not impossible , but it wasn ' t included in the plans . Supervisor Desch stated that the County was going to realign the end of Dubois Road this summer so we felt we should stay clear of that area for a little while . Councilman Cramer asked if the engineering would be done in-house ? Town Engineer Flumerfelt responded that a lot of the surveying has already been done in-house , there are a few portions that haven ' t been done yet , those sections that were added later . Supervisor Desch remarked that it may be necessary to hire a project manager , on a short term basis . Town Engineer Flumerfelt went on to say the proposal includes sewer extension on West Haven Road , northerly to Dr . Mitchell ' s house on the east side . There is a deep gully just past Dr . Mitchell ' s house , that is why we ended it there . He went on to say that on Warren Road we plan to connect the existing mains near the Golf Course Area . Right now the main on the south ends at Fairway Drive . ® Councilman Cramer asked about revenue from the Cornell Golf Course ? Supervisor Desch responded that we would pick up quite a few consumption units due to irrigation of the golf course . Councilman Cramer questioned the Campbell Avenue extention . Supervisor Desch responded that Campbell Avenue was a pocket area that we have had a commitment to do for a long time but with no way to do it , because of the difficulty of getting under Cliff Street . Town Board Meeting 32 February 9 , 1987 Now the City is going to rebuild Cliff Street this coming summer so we can run a sewer line through there . Town Engineer Flumerfelt went on to say that Map # 3 includes both shores of the lake . Sewer on the east shore and water and sewer on the west shore , both projects going out to the northerly ends of the Town line . He went on to say that both of these will be difficult to install , particularly the east shore because it ' s going to have to be done when the lake level is down . Councilman Cramer asked if there was no way to pump the sewage from the east shore to the Cayuga Heights Sewer Plant which is directly above the area? Town Engineer Flumerfelt responded that it could be done . Supervisor Desch stated they already have capacity problems and East Shore Drive is not in the currently designated service area . Councilman Bartholf remarked that he thought the plant was already above capacity . Councilman Bartholf asked , on the %est shore , are you going to have pump stations to push the sewage up from each of these houses ? Town Engineer Flumerfelt responded that there were different possibilities . An individual house could have its own small ejector pump or two or three cottages or residents owners could get together and connect the effluent from their septic tanks and together run a line up the hill . Councilman Bartholf responded that this would be possible closer to town where the houses are closer together but out where he was this wouldn ' t be practice as there was too much distance between houses . Town Engineer Flumerfelt remarked that that type of system, say a system for an individual cottage or house you could have a septic tank effluent chamber with a pump that would pump through a small diameter line laid very close to the surface of the ground then with a little vacuum release valve at the top the pipe could empty itself out each time . Councilman Bartholf questioned , then you would pump out of the septic tanks ? Supervisor Desch added , pump the liquid . Councilman Bartholf added , you are actually hooking to their septic systems . Town Engineer Flumerfelt responded yes , to the outflow end . By doing that , having the line empty itself out each time , you won ' t have to dig such a deep trench for a service line . He went on to say that the area was very limited to put in water and sewer on the east shoulder of Taughannock Boulevard and they will have to be in the same trench . There is also a gas main there . Therefore , the sewer main would be designed as a water main , being pressure tested , etc . Councilman Bartholf remarked , the cost for the sewage pumps and all this for each one of the houses along the lake , is it going to be a total cost system or is it going to be individuals costs ? Supervisor Desch responded , individual property owners costs . Installation , maintenance and electricity as well . Town Board Meeting 33 February 9 , 1987 Councilman Bartholf remarked , in other words from the main line to where ever you are going to hook in , its going to be the responsibility of every homeowner . Is there going to be a time frame when they are going to have to hook in? Supervisor Desch responded there will be a mandatory hook up of sewer but not water . The Town has never had a policy of mandating hook up of water . He stated that he did not know what the time frame would be , the Board needed to discuss this . He went on to say that there was no feasible way to run the line along the waters edge . • ORDER FOR PUBLIC HEARING - SEWER IMPROVEMENT RESOLUTION N0 , 36 Motion by Supervisor Desch ; seconded by Councilman McPeak , IN THE MATTER OF THE PROVIDING FOR A PROPOSED SEWER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA - 1987 , IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12�C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on the 9th day of February , 1987 , at 5 : 30 o ' clock P .M . , Standard Time , PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12�C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvements - 1987 , and hereinafter also referred to as " imProvement " to provide such sewer improvement including extensions , to the present Town sewer improvement , such sewer system improvement to be constructed and owend by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Robert R . Flumerfelt , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefited by said • Town of Ithaca Sewer System Improvement - 1987 shall be known as the town of Ithaca Sewer System Benefited Area - 1987 , and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement - 1987 consists of the sewer improvements set forth below , and in the areas of the Town , as set forth below and as more particularly shonw and described in said map , plan and report presently on file in the office of the Town Clerk : Town Board Meeting 34 February 9 , 1987 ( a) Construction and installation of an 8 " sanitary gravity and force main sewer from the City of Ithaca collection system including connections for lateral sewer services in the vicinity of Treman Marina along Taughannock Boulevard approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide sewer service to the properties on Taughannock Boulevard . (b) Construction and installation of an 8 " sanitary sewer to provide sewer service for the properties on Orchard Place , Indian Creek Road , DuBois Road , Woolf Lane and Grove Place . Total length of main is approximately 8 , 420 feet . The new sewer system will connect to the existing Town system in the Tompkins County Biggs Cm plex . ( c ) Construction and installation of approximately 1 , 150 feet of 8 " sanitary sewer in Cliff Street to provide sewer service for several properties on Campbell Avenue and Tr umnsburg Road . Connection is made to the City of Ithaca system . (d) Construction and installation of approximately 5 , 880 feet of 8 " gravity and force main on East Shore Drive from the vicinity of the Ithaca/Lansing Town line to the City of Ithaca Stewart Park lift station including service to approximately eleven properties presently in the City of Ithaca which , by mutual agreement with the City , will be annexed to the Town of Ithaca . (e) Construction and installation of approximately 3 , 600 feet of 8 " sanitary sewer to serve additional properties on West Haven Road to connect with the Town system already serving the lower end of this street . ( f ) Construction and installation of approximately 1 , 190 feet of 8 " sewer main to change the location of the service and replace the sewer service to Cornell Quarters housing to enable the Town to monitor the flow and eliminate infiltration . The new connection will be to the existing City of Ithaca system above the existing Jointly owned monitoring station . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 1 , 350 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Sewer System Benefited Area - 1987 , which are deemed benefited by said improvement , so much upon and from each as shall be in just Proportion to the amount of the benefit which the improvement shall confer upon the same , and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Sewer System Benefited Area - 1987 , and the providing of said Town of Ithaca Sewer System Improvement - 1987 therein , and to hear all persons interested in the subject thereof , • all in accordance with the provisions of Section 209-q of the Town Law, NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 9th day of March , 1987 , at 7 : 15 o ' clock , P .M . , Standard Time , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Sewer System Benefited Area - 1987 , and the providing of said Town of Ithaca Sewer System Improvement - 1987 therein , and to hear all Town Board Meeting 35 February 9 , 1987 persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Section 2 . The Clerk of the Town of Ithaca , Tcupkins County , New York is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy therof on the Town signboard maintained by the Clerk , no less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law . Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was duly put to a vote on a roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwcanan Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The order was thereupon declared duly adopted . ORDER FOR PUBLIC HEARING - WATER IMPROVEMENT RESOLUTION N0 , 37 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHIMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITED AREA - 1987 , IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW. At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , in said Town , on the 9th day of February , 1987 , at 5 : 30 o ' clock , P . M . , Standard Time , PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the • Town Board of the Town of Ithaca , Tompkins County , Newyork , relating to the creation and construction , pursuant to Article 12-C Of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1987 , and hereinafter also referred to as " improvement , " to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Robert F . Flumerfelt , the Town Engineer , a competent engineer duly licensed Town Board Meeting 36 February 9 , 1987 by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefited by said Town of Ithaca Water System Improvement - 1987 shall be known as the Town of Ithaca Water System Benefited Area - 1987 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1987 consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the office of the Town Clerk : ( a) Construction and installation of a 12 " distribution water main from the City of Ithaca distribution grid in the vicinity of the Treman Marina along Taughannock Boulevard , approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide water service to the properties on Taughannock Boulevard . (b) Construction and installation of approximately 12 , 000 feet of new 8 " and 12 " water mains and individual services under street right-of-ways respectively to provide water service for the properties on Happy Lane , Indian Creek Road , Dubois Road , Orchard Place , Woolf Lane , Grove Place and a portion of Trumansburg Road and construction of a hydropneumatic pump station in this area for the distribution of water . This system will connect to the existing Town system in the Tompkins County Biggs Complex . (c ) Construction and installation of approximately 1 , 600 feet of 8 " service main connection on Warren Road to provide Town water service to a portion of the Forest Hone system presently served by Cornell University . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 1 , 000 , 000 . The proposed method Of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Water System Benefited Area which are deemed benefited by said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefited Area - 1987 , and the providing of said Town of Ithaca Water System Improvement - 1987 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209-q of the Town Law: NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 9th day of March , 1987 , at 7 : 30 o ' clock , P .M . , Standard Time , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefited Area - 1987 and the providing of said Town of said Town of Ithaca Water System Improvement - 1987 therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Town Board Meeting 37 February 9 , 1987 Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law . Section 3 . This order shall take effect immediately , The question of the adoption of the foregoing order was duly put to a vote on a roll call , which resulted as follows : • Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye This order was thereupon declared duly adopted . ADJOURNMENT The meeting was duly adjourned . Town Clerk