HomeMy WebLinkAboutTB Minutes 1987-03-09 TOWN OF ITHACA
REGULAR BOARD MEETING
March 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
March , 1987 , there were .
• PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
Patricia Leary , Councilwoman
X1'1' : Marc Cramer , Councilman
ALSO PRESENT : Paul Jacobs , Collegeview Trailer Park
Linda Jacobs , Collegeview Trailer Park
Jonathan Albanese , Attorney
Robert Hines , 1045 Taughannock Boulevard
Henry Aron , 107 Woolf Lane
David Kuckuk , 229 Forest Home Drive
Jerry Weisburd , Housecraft Builders
Claudia Weisburd , Housecraft Builders
Rosalind Grippi , East Seneca Street
Salvatore Grippi , East Seneca Street
Donald P . Dietrich , 1405 Hanshaw Road
Sara Gamm , TrLunbulls Corners Road
Robert E . Terry , 107 Worth Street
Harriet B . Brittain , 135 Warren Road
Bruce Brittain , 135 Warren Road
Kate Sundgren , 412 S . Albany Street
Fred J . Zinzen , Orchard Hill Road
Rich Schoch , Town Staff
Representatives of the Media :
Ken Hughes , Channel 7
Christopher Schleider , Channel 7
John Heron , WIRO
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
• Supervisor ' s Report
Fire Station Site planning
Supervisor Desch reported the joint site planning group consisting
of the three City Fire Commissioners , the Mayor , Councilmen Kileen
from the City and Councilmen Bartholf from the Town , Monty May ,
Henry Aron , the Fire Chief , Susan , Rich and himself with the
committee being chaired by Councilman Kileen , have met and are
meeting weekly to develop site location recur-endations for the two
new stations . The site on Danby Road next to the football field
Town Board 2 March 9 , 1987
service entrances , so far , has been unanimously accepted by the
group pending further environmental review by the Town and some
test borings . We expect to go to the Town Zoning Board at their
April meeting . He then asked Town Planner Susan Beeners to show
the Board the sketch of how the site would be used .
The Supervisor went on to say that at the next meeting , this
Thursday , we will look at West Hill . So far the best location
seems to be on the Mecklenburg Road opposite West Haven or on Bundy
Road up fran Trumansburg Road . It is likely that we will build the
same building design for both sites . However , we want the sites
selected before we hire the architect . Our target is the start
construction in October of this year .
. Sewer Billing
Supervisor Desch noted that the first quarterly billing for sewer
in the Northeast was mailed to the users in the Northeast . We had
alerted them in the September Newsletter that they would be paying
on the basis of consumption . We have had a dozen or so inquiries ,
since these users had paid the Village for service through May of
this year . We are collecting one quarter early for the ' 87- 188
period to have part of the cash flow needed for us to pay the
Village on August 15 . A review of the billing report shows that
the average user will be paying less than the amount they would be
paying the Village .
Special Election - Annexation
The Supervisor remarked that those registered voters eligible to
vote will be able to vote in a special election on March 31 from 12
noon - 6 P .M . at Town Hall to determine that their properties on
East Shore Drive will became part of the Town . I would like to
thank all Town Board members for attending the two joint meetings
with the City , on sanewhat short notice .
Town Engineer ' s Report
Town Engineer Robert Flumerfelt reported that just as soon as
possible we will begin survey work in the Kay Street , Roat Street ,
Blackstone , Orchard area for drainage and paving improvements . In
looking at this last year and discussing it further through the
Winter it appears to us that we can best solve the problems up
there through improvement to the open swales and ditches and
replacement of culverts . This will cause the least amount of
distruption to the residents of the area . A large amount of the
problem occurrs because of water not being able to get of the
highway . We will be meeting with the residents of Kay Street
shortly and later with the residents of the other streets .
The Town Engineer went on to say that it was hoped that as soon as
possible we will have access to the land to begin construction of
the hospital access road . We are in negotiations with the Eugene
Ball family , trying to obtain the rest of the right-of-way that we
need for the road construction .
Highway Superintendent ' s Report
Highway Superintendent Robert Parkin referred the Board to his
written report . He stated that in the last month their primary
efforts has been plowing and cindering roads . Pushing back the
areas where there are big drifts in anticipation of more snow . The
crews have been hauling in sand and salt for next year along with
stone for surface treatment and fine crusher run , plus cinders for
the Parks Department . Also we have been keeping ditches , etc . ,
open in anticipation of spring run off .
Town Board 3 March 9 , 1987
Building Inspector/ Zoning Officer ' s Report
Building Inspector/ Zoning Officer Andrew Frost stated that he has
handed out two different forms , one was his monthly report and the
other a list of multiple dwellings in the Town of Ithaca . He went
on to say that the list of multiple dwellings consists of two pages
of approximately 19 names of owners . He asked the Board members to
let him know if he missed any as he will be inspecting them yearly .
He went on to say that he revised his monthly activities report .
He will be noting on a monthly basis the Certificates of
Compliances issued . Also , a list of investigations . He went on to
say that he would also be attaching a list of Zoning Board of
Appeals notices noting what action was taken at the meeting .
• Councilwoman Raffensperger noted that the list of multiple
residents said three or more units , and that Eastwood Commons was
not on that list .
Mr . Frost responded basically if we have a property line such as
these Townhouses the property line divides the building the
regulations for the buildings is for one or two family dwellings .
If there was not a dividing property line , with three or more
units , it would fall into the inspection category . Eastwood
Commons also does not involve rental units .
Mr . Frost went on to say that in January and February he had
attended the certification school and now has three of the five
certificates required by the State .
REPORT OF COUNTY BOARD OF REPRESENTATIVES
Supervisor Desch noted that all of the County Representatives were
in Albany .
NEW YORK STATE GOVERMENT FINANCE OFFICERS ASSOCIATION SEMINAR
RESOLUTION N0 , 38
Motion by Councilwoman Raffensperger ; seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes Constance E . Allen , Assistant Budget Officer to attend
the New York State Government Finance Officers ' Association seminar
to be held in Albany , New York , March 30-31 , 1987 at a cost of
$ 75 . 00 for registration , $ 40 . 00 annual membership fees , plus room ,
meals and mileage to be charged to appropriation A1340 . 400 Budget -
Contractual .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
• AUTHORIZE BIDS FOR TWO NEW COPIER MACHINES
RESOLUTION N0 , 39
Motion by Councilwoman Howell ; seconded by Councilman McPeak ,
WHEREAS , the copying machine now owned by the Town of Ithaca is
over seven year old , not operating efficiently with numerous
equipment breakdowns , and
Town Board 4 March 9 , 1987
WHEREAS , there is an increased need in the Town offices for
duplication of documents and maps due to expanded construction and
development in the Town of Ithaca ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that approval is hereby given for the advertisement for bids
for two copying machines as follows .
Number of copies per month - approximately 12 , 000
Size of original documents to b duplicated - 8 x 10 to 11 x 17
Size of output documents - 83 x 10 to 11 x 17
Variable reduction/enlargement of original documents
Two-sided copying with automatic duplexing feature for paper
• size 81 x 10 to 8 ) x 14
Recirculating document handler for paper sizes up to 83 x 14
Automatic document feed for 81 x 10 to 8 ) x 14 required ; 11 x
17 desirable
Offset sorter tray or sorter bin for minimum 25 sets
Include in bid proposal trade-in allowance for currently owned
1979 Xerox 4500
Include in bid proposal monthly maintenance charges
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
APPOINTMENT OF ASSISTANT ENGINEER
RESOLUTION NO . 40
Councilman McPeak ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca , at the
recommendation of the Interviewing Committee , hereby appoint Philip
E . Whitney as Assistant Town Engineer effective March 10 , 1987 , at
an annual salary of $20 , 000 with a salary review at the end of the
six-month probationary period .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
NEW TABLE FOR BOARD ROOM
RESOLUTION N0 , 41
Motion by Supervisor Desch ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the purchase of a board room table at a cost of $ 1 , 812 . 00
Plus freight to be charged to appropriation A1620 . 200 Town Hall -
Equipment , and
BE IT FURTHER RESOLVED , that a transfer of $ 1 , 800 . 00 from A1990 . 4
Contingency to A1620 . 200 Town Hall Equipment be approved to
appropriate funds for this purchase .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
Supervisor Desch stated that at some later date the Board should
consider purchasing new chairs .
HIGHWAY FACILITY HEATING SYSTEM
Town Board 5 March 9 , 1987
RESOLUTION N0 , 42
Motion by Councilman McPeak ; seconded by Councilman Bartholf ,
WHEREAS , on February 23 , 1987 , bids were received for the
installation of a new heating system for the Town of Ithaca Highway
Maintenance Facility , and
1 ) five bids were received in the total amounts of
$ 18 , 500 . 001 $ 30 , 469 . 00 , $32 , 473 . 00 , $ 37 , 000 . 00 , and
$ 42 , 850 . 00 ,
2 ) the low bidder , in the amount of $ 18 , 500 . 00 is .
James L . Lewis , Inc .
Richards Road , P . 0 . Box 38
Chenango Forks , New York 13746 ,
3 ) James L . Lewis , Inc . , appears to be a reputable firm and
is proposing to furnish heating equipment meeting the
Town ' s specifications in all respects ,
4 ) the low bid of $ 18 , 500 . 00 is within the Town Engineer ' s
estimated contract cost of $ 17 , 000 . 00 to $20 , 000 . 00 ;
NOW THEREFORE BE IT RESOLVED the Town Board of the Town of
Ithaca award and hereby does award the Contract for the new heating
system to James L . Lewis , Inc . , Chenango Forks , New York , subject
to their furnishing the required insurance certificates and labor
and material payment and performance bonds .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE
ZONING ORDINANCE BY REZONING FOUR PARCELS OF LAND ON DANBY ROAD
FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R-9
RESOLUTION NO , 43
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P .M . , on April 13 , 1987 to
consider the rezoning of four parcels on Danby Road , Tax Parcel
Numbers 6-43-1-7 , 6-43-1-81 6-43-1-9 and 6-43-1- 10 from Multiple
Residence District to Residence District R-9 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
REVISED WORDING OF LOCAL LAW ON PAUL JACOB ' S REZONING
Supervisor Desch noted the Board members had the revised wording of
the local law .
Jonathan Albanese , attorney for Mr . Jacobs stated that he had gone
through the local law as proposed . He noted that Town Attorney
John Barney had done an excellent job , it sets forth all that we
discussed at the last meeting . We have no problems with it except
for one small portion of it which is section 2e , the driveway
section . We are just a little bit concerned because in all the
previous proposals it had set forth in the first line that the
existing park driveway be resurfaced . It was changed to
Town Board 6 March 9 , 1987
" reconstructed" . Apparently what had been proposed and accepted by
the Planning Board is a situation where the road was going to be
resurfaced and repaired . The road base now currently meets Town of
Ithaca specifications , this proposed law mentions the road would be
brought up to Town Highway specifications as to width and parking
as well as turn around . Those items just cannot be met with the
present situation we have . What we would like to do is take out
width , parking and turn around , turn around because it is a circle ,
so there is no need for a turn around in that situation . As far as
"reconstructed" that takes on a larger project than is required for
that area .
Councilwoman Raffensperger remarked that it was her recollection
• that those matters had to do not with Town Highway specifications ,
as seems to be indicated by the cements , but had to do with the
correpondence from the Fire Chief as to width , parking , turn
around , etc .
Mr . Albanese stated that those items will all be met in the new
part . The problem being those items cannot be met in the existing
park .
Supervisor Desch remarked that you have a problem gaining the width
that you need to achieve 24 feet , right ?
Mr . Albanese responded , right .
Supervisor Desch asked if the road width was 20 ' now?
Mr . Albanese responded , there is not roan to move the mobile homes
further apart to get the necessary width .
Councilwoman Raffensperger remarked that her recollection is that
Chief Olmstead said it had to be a certain width , without parking
and another certain width if you had parking on one side . She went
on to say that her understanding was that you had assured us that
the mini= requirements for fire safety , as far as the road was
concerned , any road going into the mobile park would be met .
Mr . Albanese stated that Mr . Albern was not here to address that
question but it would seem that what we had already met the minimiun
requirements as long as there was no parking .
Supervisor Desch responded , that is right .
Councilman Bartholf remarked that the width requirements were for
the new section only .
Mr . Albanese responded right , in the new section we are planning on
expanding to meet the requirements .
Supervisor Desch asked , in the future what will you have in the way
of parking along the road in the old part?
Mr . Jacobs responded , there will be no parking in the old part .
Town Attorney Barney stated that a local law was not the P lace to
state where we do and where we do not meet the standards , the place
to meet the standards is in the planning function and this is why
the law was drafted this way . We should deal with the existing
Park when the Planning Board reviews the site plan for Phase I , in
the course of that review, there should be specified exceptions and
at the same time they can define what level of reconstruction .
Supervisor Desch asked if it would be possible to state in the
Proposed local law "which ever is earlier to Town Planning Board
Town Board 7 March 9 , 1987
requirements including specifications as to width , parking , surface
construction" and take turn around out , if you wish because there
isn ' t going to be one , and similar matters .
Town Attorney Barney suggested deleting the words Town Highway
specification and insert as may be specified by the Planning Board .
Councilwoman Raffensperger stated that what she thought the Board
said last time was that this section would be the existing park
driveway which does not have a turn around and that we would send
an attached resolution to the Planning Board with this expressing
our concerns about the new part of the mobile hcm park meeting the
specifications as outline by Olmstead .
• Town Attorney Barney stated , so we will take out the words turn
around also .
RESOLUTION N0 , 44
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on March 31 , 1987 to
consider a local law on the rezoning of a portion of the lands of
Paul Jacobs located at 136-146 Seven Mile Drive from Residence
District R-30 to Mobile Herne Park District R-5 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
AUTHORIZE ATTENDANCE AT NURSERY , LANDSCAPE AND GROUNDS MAINTENANCE
SEMINAR
RESOLUTION N0 , 45
Motion by Councilman McPeak ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize Richard Schoch and Donald Ten Kate to attend the Nursery ,
Landscape and Grounds Maintenance Seminar to be held Tuesday , March
10 , 1987 , at Drumlins Country Club , Syracuse , New York ,
registration fee of $ 15 . 00 per person .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
WATER ACCOUNT REFUNDS
RESOLUTION N0 , 46
Motion by Councilwcman Raffensperger ; seconded by Councilman
Bartholf ,
WHEREAS , Christoph Seeger made a double payment on his Special
Reading bill of September 10 , 1986 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 18 . 25 for water , $3 . 10 for
surcharge , $ 2 . 14 for penalty , total refund of $ 23 . 49 be made to
Christoph Seeger , 215 Tareyton Drive , Ithaca , New York , Account
Number 184-0207044 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
Town Board 8 March 9 , 1987
RESOLUTION N0 , 47
Motion by Councilman McPeak ; seconded by Supervisor Desch ,
WHEREAS , Rocco Lucente made a double payment on his September 1 ,
1986 water bill on the property located at 103 Pinewood Drive ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $99 . 54 for water , $ 16 . 92 for
surcharge , and $ 11 . 65 for penalty , total refund of $ 128 . 11 be made
to Rocco Lucente , 103 Salem Drive , Ithaca , New York , Account Number
190-0232529 .
• (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION N0 , 48
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
WHEREAS , Mark Ashton made a double payment on his September 1 , 1986
water bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $54 . 58 for water , $ 9 . 28 for
surcharge , and $ 43 . 72 for sewer , total refund of $ 107 . 58 be made to
Mark Ashton , 105 McIntyre Place , Ithaca , New York , Account Number
191-0000833 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION N0 , 49
Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger ,
WHEREAS , a customer reading error was made on the June 1 , 1986
water bill for the property located at 124 A & B Sacpsucker Woods
Road ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 225 . 70 for water and $ 38 . 37
for water surcharge , total refund of $ 264 . 07 be made to Rocco
Lucente , 103 Salem Drive , Ithaca , New York , Account Number
190-0231648 , and
FURTHER BE IT RESOLVED , that a refund of $ 282 . 81 for water and
$48 . 08 for water surcharge , total refund of $330 . 89 also be amde to
Rocco Lucente , 103 Salm Drive , Ithaca , New York , Account Number
190-0231657 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
• Aye . Nays - none) .
RESOLUTION NO . 50
Motion by Councilman McPeak ; seconded by Councilwcanan Howell ,
WHEREAS , a customer reading error was made on the December 1 , 1986
water bill ,
Town Board 9 March 9 , 1987
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 9 . 00 for water , $ 7 . 28 for
sewer , and $ 1 . 53 for surcharge , total refund of $ 17 . 81 be made to
Adolph Turco , 200 Glenside Road , Ithaca , New York , Account Number
161-0110669 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION N0 , 51
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
• WHEREAS , a customer reading error was made on the September 1 , 1986
water bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 114 . 11 for water , $93 . 52 for
sewer , and $ 19 . 40 for surcharge , total refund of $227 . 03 be made to
Barbara (Weed) Poetzsch , 1353 Slaterville Road , Ithaca , New York ,
Account Number 170-015622 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION N0 , 52
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
WHEREAS , a customer reading error was made on the March 1 , 1986
water bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
ithaca hereby authorize a refund of $ 103 . 35 for water , $ 85 . 56 for
sewer , and $ 17 . 56 for surcharge , total refund of $ 206 . 47 be made to
the Mahool Estate , % J . Mahool , 102 West Haven Road , Ithaca , New
York , Account Number 163-0110941 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
BENEFIT UNIT REFUND
Supervisor Desch , via a letter to the Town Board dated March 2 ,
1987 presented the following recommendation :
"At last months meeting we denied a credit of 4 units of water and
sewer on a parcel purchased by Mr . Iacovelli from the Schultz ' s in
August 1986 . Upon further staff owrk , it is clear that the Town
made an error because the property that should have been charged
the 4 units was sold by the Schultz ' s to Mr . & Mrs . Flannery in
December of 1985 . There was , therefore , sufficient time to catch
• the change on the assessment roll particularly since the tax maps
were corrected in time .
Although we will lose this amount for 1987 , since there is no legal
way now to collect from the Flannery ' s , it clearly is inappropriate
for Iacovelli to pay benefit for property they never owned .
This problem obviously points to the need to improve the mechanism
for reviewing the assessment roll . However , there are other
aspects that need to be dealt with at the same time , i . e . , County
Clerk and Assessment office information , etc .
Town Board 10 March 9 , 1987
My recommendation , therefore , is to authorize the water and sewer
credit for 1987 . "
RESOLUTION N0 , 53
Motion by Councilman McPeak ; seconded by Councilwoman
Raffensperger ,
WHEREAS , the property at 270 Pennsylvania Avenue , which contained a
single family dwelling and a four unit dwelling , was split and sold
to two separate parties , and
WHEREAS , Orlando Iacovelli , who purchased the single family
. dwelling was charged 5 units of water and 5 units of sewer instead
of the proper figure of 1 unit of water and 1 unit of sewer , and
WHEREAS , on January 31 , 1987 , Mr . Iacovelli paid the 1987 taxes in
full ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 216 . 00 for 4 units of water
and $248 . 00 for 4 units of sewer , total refund of $464 . 00 be paid
to Orlando Iacovelli , 270 Pennsylvania Avenue , Ithaca , New York ,
Tax Parcel No . 54- 7-35 . 2 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
ONE-TON MAINTENANCE TRUCK
RESOLUTION N0 , 54
Motion by Councilman McPeak ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the purchase , under New York State bid contract , from Dave Ball
Chevrolet , Inc . , 1288 West Genesee Street , Syracuse , New York a
one-ton dump truck to be used by the Parks Departrnent , at a cost of
$ 16 , 386 . 16 ( copy of specifications attached to minutes ) .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION N0 , 55
Motion by Councilman Bartholf ; seconded by Councilman Mcpeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the following budget amendments for the purchase of Parks
Maintenance/Construction dump truck :
Revenue Sharing Fund
• Establish appropriation CF7140 . 200 Parks Maintenance-Equiprent in
amount of $ 17 , 000 . 00 , and
Transfer $ 17 , 000 . 00 from CF99019900 Interfund Transfer - Inlet
Valley Park to new appropriation account CF7140 . 200 , and
General Fund - Outside Village
Reduce estimated revenues B5031 Interfund Transfer from Federal
Revenue Sharing for Inlet Valley Park by $ 17 , 000 . 00 to $ 12 , 658 . 00 ,
and
Town Board 11 March 9 , 1987
Reduce appropriation B7140 . 402 Parks Construction by $ 17 , 000 . 00 to
$21 , 658 . 00 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
PUBLIC HEA=G TO CONSIDER AND ANIDVD = TO LOCAL LAW # 1 - 1987 , TO
PROVIDE FOR BUSINESS OR PROFESSIONAL OFFICES IN THE SPECIAL LAND
USE DISTRICT (LIMITED MIXED USE ) AT THE FORMER COAL UNIVERSITY
STATLER WEST COMPLEX
Proof of posting and publication notice of a public hearing to
• consider a local law amending Local Law # 1 - 1987 , to provide for
business or professional offices in the Special Land Use District
(Limited Mixed Use ) at the former Cornell University Statler West
Complex having been presented by the Town Clerk , the Supervisor
opened the public hearing .
As no one present wished to speak , the Supervisor closed the public
hearing .
LOCAL LAW N0 . 5 - 1987
Motion by Councilman McPeak , seconded by Councilwoman Howell ,
LOCAL LAW NO . 5 - 1987
TO AMEND THE ZONING ORDINANCE TO PERMIT BUSINESS OFFICES IN A
SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL
UNIVERSITY STATLER WEST COMPLEX
The Zoning Ordinance of the Town of Ithaca as readopted , amended
and revised effective February 26 , 1968 , and thereafter further
amended , and in particular further amended by Local Law No . 1 of
the year 1987 , be further amended as follows :
1 . Section II , Subdivision (b) of Local Law No . 1 of the year
1987 is amended to read as follows :
(b) Business offices or professional offices , such as medical
offices and laboratories ( subject to the further provisions
stated herein) , "
2 . This law shall take effect 20 days after its adoption or the
date it is filed in the Office of the Secretary of State of
the State of New York , whichever is later .
Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwcxnan Raffensperger Voting Aye
® Supervisor Desch Voting Aye
Local Law No . 5 - 1987 , was thereupon declared duly adopted .
PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TRAFFIC
ORDINANCE
Proof of posting and notice of a public hearing to consider a local
law amending the Traffic Ordinance having been presented by the
Town Clerk , the Supervisor opened the public hearing .
Specifications for Proposed Parks Department One -Ton Dump Truck .
Submitted by : Richard H . Schoch
Parks and Open Space Planner /Manager
March 9 , 1987
Vehicle proposed for purchase under New York State bid contract :
Contractor : Dave Ball Chevrolet , Inc .
1288 W . Genesee St . .
Syracuse , N . Y . 13204
ITEMS PRICE
Cab -Chassis : 1987 Chevrolet CV31003 ZW9
V30 / 3500 Regular Cab
Four-wheel Drive
135 . 5 " Wheel Base
10 , 000 GVWR
Engine : . 5 . 7 Liter , 350 EFI V8
Suspension : Front - Salisbury Axle ; Hypoid Drive ;
Single Stage Leaf Springs
-Capacity : 4500 #
-Axle Ratio : 3 . 73
- Hubs : Manuel Locking
Rear - Salisbury Axle ; Hypoid Drive ;
Two - stage Multi - leaf Springs
-Capacity : 7500 #
Brakes : Hydra1ic , Self -adjus ; ing
Front : Disc
Rear : Drum
Battery : 525 C . C . A .
Alternator : 66 Amp ,
Fuel Tank : Standard 20 Gal ,
Transmission : 4 - speed manual
Transfer Case : New Process 205 2 - speed Conventional
Tires : Front - ( 2 ) LT215 / 85 R16D ( 8 Ply ) Highway Tread
Rear - ( 4 ) LT215 / 85 R16E ( l0 Ply ) Highway Tread
Stearing Gear Type : Integral Power
Base Bid Price = $ 11139 . 94
Optional Equipment
Dump Body : Thiele - 8 ' Econoline Choreboy 2655094
Screen Window in Bulkhead 100000
Coal Door in Tailgate 220 . 00
Cab Shield 35 , 00
Senior West Coast . Mirrors Stnd ,
Snowplow : Western 8 ' , . Hydralic / Power Reverse 1450992
Limited Slip Rear Axle 206 . 64
Heavy -Duty Radiator 45 . 92
AM Radio 122 . 00
Extra - Capacity Rear Springs ( 5000 # each ) 36 . 00
Two Front Tow Hooks 38 . 00
Amber Revolving Light 91980
SAM
l r
Specifications for Proposed Parks Department One -Ton Dump Truck
Optional Equipment ( cont . )
Back - up Alarm , Dietz Brand 99000
Rustproofing , includes . undercoating 145 . 00
Total Options = 5 246 . 22
Base Bid Price = 11139 . 94
Total Price $ 16386 . 16
mods
_ 2 _
Town Board 12 March 9 , 1987
As no one present wished to speak , the Supervisor closed the public
hearing noting that action on this item would need to be adjourned
until a later date .
RESOLUTION N0 . 56
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn
the public hearing to consider a local law amending the Traffic
Ordinance until 6 : 30 P .M . , on April 13 , 1987 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO LOCAL LAW # 5 - 1985 ,
RELATING TO FLOOD DAMAGE PROTECTION
Proof of posting and publication of notice of a public hearing to
consider an amendment to Local Law # 5 - 1985 , relating to Flood
Damage Protection having been presented by the Town Clerk , the
Supervisor opened the public hearing .
As no one present wished to speak , the Supervisor closed the public
hearing noting that action of this item would be adjourned until a
later date .
RESOLUTION NO . 57
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns
the public hearing to consider an amendment to Local Law # 5 -
1987 , relating to Flood Damage Protection until 6 : 45 P . M . , on April
13 , 1987 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
BOND ANTICIPATION NOTE RENEWALS FOR SECOND SOUTH HILL NOTE # 1 ,
SECOND SOUTH HILL NOTE # 2 AND CODDINGTON ROAD WATER EXTENSION
RESOLUTION N0 , 58
Motion by Supervisor Desch , seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby ratifys
the action of the Town Supervisor in renewing the Bond Anticipation
Notes for Second South Hill Water Note # 1 in the amount of
$ 164 , 050 . 00 ; Second South Hill Water Note # 2 in the amount of
$ 126 , 950 . 00 ; and Coddington Road Water in the amount of $ 13 , 000 . 00 ,
all renewable on March 3 , 1988 , at an interest rate of 4 . 75% on
each of the three notes .
• (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) ,
AGREEMENT WITH VILLAGE OF CAYUGA HEIGHTS ON COLLECTION OF SEWER
RENTS
Supervisor Desch noted that procedurally this contract states what
will be happening in the collection of wastewater treatment
services .
Town Board 13 March 9 , 1987
Councilwoman Raffensperger asked about the rate to be charged .
Supervisor Desch responded the rate is set by the Village , right
now it ' s $ 78 . 00 . They change that every year , we don ' t really have
any say .
RESOLUTION NO . 59
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the agreement with the Village of Cayuga Heights for the collection
of wastewater treatment services for the individual property owners
• in the Town of Ithaca , and
FURTHER BE IT RESOLVED , that the Supervisor is hereby authorized to
execute said contract .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
EXECUTIVE SESSION
RESOLUTION NO . 60
Motion by Supervisor Desch , seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
into Excutive Session to discuss pending litigation .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) ,
RESOLUTION NO . 61
Motion by Supervisor Desch , seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
back into Open Session .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
RESOLUTION NO . 62
Motion by Supervisor Desch ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize that legal action be taken against the person who has not
transcribed three sets of Planning Board minutes that were taken in
the Fall of 1986 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
DECEMBER AND JANUARY FINANCIAL REPORTS
RESOLUTION N0 . 63
Motion by Councilwoman Howell ; seconded by Councilwoman
Raffensperger ,
Town Board 14 March 9 , 1987
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the Financial Reports for the months of December 1986 and January
1987 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
TOWN OF ITHACA WARRANTS
RESOLUTION N0 , 64
Motion by Councilwoman Howell ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated March 9 , 1987 , in the following
accounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 36 , 001 . 36
General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 12 , 582 . 56
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175 , 484 . 85
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45 , 596 . 82
Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $268 , 300 . 00
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 455 . 72
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION N0 , 65
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Bolton Point Warrants dated March 9 , 1987 , in
the Operating Account are hereby approved , in the amount of
24 , 714 . 47 after review and upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission , they are in order for
payment .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
TOMPKINS COMMUNITY HOSPITAL BOARD
RESOLUTION NO , 66
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
reappoint Judith Ogden as the Town of Ithaca ' s representative on
the Tompkins Community Hospital Board for a period of two years .
• (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
INSURANCE
Supervisor Desch stated that the Town had received communications
from the insurance carrier indicating that they have now located a
source for access liability insurance . With one million dollars of
access coverage the premium is $ 27 , 500 and five million access
liability coverage the premium is $49 , 500 , that ' s for a full year .
Town Board 15 March 9 , 1987
For a part year that this would cover , five million is $ 42 ,000 . We
have budget balance of $ 23 , 000 in anticipation of this . We will
need to appropriate , if we chose the five million coverage ,
$ 19 , 000 . 00 from Fund Balance to cover that level of protection .
RESOLUTION NO , 67
Motion by Supervisor Desch ; seconded by Councilwanan Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the five million dollar access liability coverage at a premium of
$42 , 000 for 1987 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
DEDICATION OF COMMONLAND SEWER
Town Engineer Robert Flumerfelt stated that on Co mtonlands final
phase of development , they have proposed a change in their site
plan that involves amoung other things , a proposal for making the
building the sewer and dedicating that to the Town , as a public
sewer rather than a private sewer . This also involves a small
sewage pumping station and a force main to pump the sewage up to
the existing sewer line , up near Slaterville Road . There is about
a thousand feet of 8 " sewer line involved , plus a lift station ,
pumping station and five hundred feet of force main . When we first
looked at this proposal it looked like the sewer could be continued
to serve an area on the Ithaca side of the Ca monland development ,
a further service area , but when we got out in the field and looked
at the togography it appears that the service area is rather
limited . It ' s estimated that about 25 additional units could be
served if the sewer were extended toward the City by the developer
of the adjoining property . It would probably need to be a cluster
type of development because of the togography . It canes down to
Town policy , do we take this as a public main or do we stick with
the original plan that this was to be a private main .
Supervisor Desch asked if the area that could be serviced by this
main could be served by sewer fran another location?
Town Engineer Flumerfelt responded that it could be served by the
Slaterville Road sewer or perhaps other sewers .
Councilwoman Raffensperger asked if Mr . Weisburd owned the property
that could be served in the future ?
Town Engineer Flumerfelt responded no , he does not own the
property . There is no assurance that he would ever own this
property either .
Councilwanan Raffensperger asked if the Town had ever taken over a
lift station before ?
Supervisor Desch responded , many times as part of the original
approval . This is a new approach , in this case .
Town Engineer Flumerfelt added , that in order to extend the sewer
back towards Ithaca it would require crossing a steep gully . It
would have to be filled in quite a bit .
Supervisor Desch asked the Board for their opinion .
Counciluunan Raffensperger asked why should we do it?
Town Board 16 March 9 , 1987
Town Engineer Flumerfelt stated that he couldn ' t think of a strong
reason why the Board should do it except that the main argument for
it , looking at it from the developers standpoint , is that it ' s an
incentive for a future developer .
Supervisor Desch remarked that it was not clear that it will either
encourage future development of the ajoining parcel or that it is
desirable to encourage development of that parcel .
COMMONLAND II COVENANTS
Supervisor Desch remarked that the Board was seeing these for the
• first time and he would suggest that they be deferred until the
meeting on the 31st as there are a couple of other questions that
the Board needs to deal with . For example , there is a service road
that canes off the Slaterville Road that will probably have to be a
private road and the maintenance for that will needs to be
dovetailed into this .
PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDER ESTABLISHING
1987 SEWER IMPROVEMENTS
Proof of posting and publication of notice of a public hearing to
consider the adoption of an Order Establishing 1987 Sewer
Improvements having been presented by the Town Clerk , the
Supervisor opened the public hearing .
Robert Hines , 1045 Taughannock Boulevard asked where the main would
be located .
Supervisor Desch responded , along the easterly shoulder of the
highway .
Supervisor Desch went on to say that as a brief history , you
probably all know the subject of water and sewer extensions on West
Hill has been in various processes for a couple of years . All of
the people , except Taughannock Boulevard , have petitioned for both
water and sewer . The plan , assuming the Town Board takes action
after the public hearing , would be to apply to Audit and Control
for approval of the improvement to bid the project in May with the
construction period of 1987 and 1988 with final completion in
October of 1988 . The reason for this being , the construction
climate in Ithaca is a disaster and it will take this kind of a
scheduling to get decent bids .
Supervisor Desch went on to say that he knew there was some concern
along the West Shore of the lake regarding any requirement that the
Town might have for immediate hookup . In looking at the whole
project area , we are dealing with in the most part , properties that
have been developed as large lots over a period of the last thirty
years . In some cases we have property owners who have had to
replace their septic systems , in other cases we have new houses
with new septic systems . He suggested that the Board consider a
five year grace period for hookup with the grace period starting on
January 1 , 1989 because that would be the first year following the
completion of the project . So that would mean that property owners
would not be required to hookup until January 1 , 1994 . In the
event that the Health Department does a dye test during this grace
period and finds that there is a particular problem that the
property owner would not be permitted to replace the onsite system
but would be forced to tie on to the public system . This would
also help to give property owners , particularly along the lake , to
find one route up through there . You could end up combining force
mains to get up to the main by the road . What we have done in
Town Board 17 March 9 , 1987
other areas of the Town , for example , is to have groups of property
owners or neighborhoods , sometimes on a street to street basis , get
a contractor lined up to run the connections and , therefore , you
wind up with a considerably lower price per foot .
The Supervisor went on to say that in the case of the sewer ,
whether or not you hook up , the present benefit assessment rate is
$50 . 00 per unit , a unit being a lot with 100 ' frontage by 150 '
deep . Larger parcels will end up being a little higher than that .
In addition to that there is a $ 12 . 00 per unit benefit charge to
help pay for part of the financing of the new sewage treatment
plant and also , the average sewer use rent charge per year runs
$ 75 . 00 to $ 100 . 00 . The is roughly the cost that the average
• property owner will occur . I went back to see what it would cost
on the West Shore if you did it on a district basis including only
West Shore itself and it works out to be a cost of at least $ 500 . 00
per year . This figure would be about the same for other areas .
The fact that the cost is being spread throughout the entire Town
is a major one .
Robert Hines stated that he was about 1 / 2 miles south of the
Ulysses line , near Bob Bartholf . Our houses are a long way from
the road and no further subdivision will be permitted in this area
under the current Zoning Ordinance . We had a dye test done about
15 years ago with no difficulty . This is a very big expense for
us . The shoulder under which you intend to lay the line is very
narrow, already it has a gas line in there and they completely
disrupted the highway with this project a couple of summers ago .
There is going to be a big traffic mess to put any utilities in
there . If the purpose of it is to service the Statler West future
development , the line can easily be run up the old right-of--way and
not cane down the Boulevard . The point is you are going to service
probably 10 or 15 houses with an extension north of the 1000
numbers without any clear need to do so . There is no great health
hazzard that I know of with great expense to the Town and an even
greater expense to those of us who have to somehow or other figure
out how to get the sewer from one place to the another which is
some places is a lift of 40 ' to 50 ' . You could cut that sewer line
off and lay it in five years from now or ten years from now as long
as we don ' t have to hook up to it . If you stopped 1 / 2 mile down
the road I don ' t think the public health would be jeopardized . He
went on to say that he assumed you are going to stop it at the Town
line anyway .
Supervisor Desch asked Mr . Hines how far was his property from the
Town line ?
Mr . Hines responded , about 1 / 2 mile . It ' s going to be a terrible
problem for us living there . He went on to say that as far as
water was concerned he didn ' t want that either . Mr . Hines stated
that he and Dick Webster had installed a very expensive water
system and we just aren ' t interested in getting involved with water
either .
Supervisor Desch remarked , that he assumed Mr . Hines was interested
• in fire protection .
Mr . Hines responded , not particularly . If our house catches on
fire you just forget it because by the time you get an engine to go
down my 400 ' driveway in the winter he will probably crash in the
house sliding down the driveway . We live in a very difficult area .
He stated that he was not against these services but we elected to
live in a remote area and civilization is wonderful but I ' m not
sure I ' m in favor of the things that go with its
Town Board 18 March 9 , 1987
Supervisor Desch responded that if you had a fire hydrant by the
road they would probably lay hoses not bring the fire truck down
the road .
Henry Aron , 107 Woolf Lane stated that last year a petition was
circulated in the area of Trumansburg Road , Dubois Road , Woolf
Lane , Grove Road . He went on to say that he had been asked to
speak for them , including myself , there is an absolute necessity
that water and sewer be brought into the neighborhood , simply
because the water situation there , I know you are not speaking
about the water now, you are speaking about the sewer . There are
neighbors who have already replaced their septic systems twice and
some are in the process of replacing them again at a great expense
and would rather see a public sewer system installed in their
neighborhood .
Bob Terry , stated that he owned property on Taughannock Boulevard ,
asked if there was any estimated costs for front foot or for
property owner .
Supervisor Desch remarked that he had explained this before Mr .
Terry came in , however , he again explained the costs to Mr . Terry
( see earlier remarks above) .
Mr . Terry remarked , then you are not talking about thousands of
dollars in Johnson City it cost $ 275 a front foot assessment to be
paid off in five years for sewer .
Supervisor Desch responded , in most cases that happens because the
development is done on a district by district basis , not Town wide .
So that what ever that cost is for that district it is spread over
the property in that district only .
Robert Hines stated that after listening to Henry Aron , he wish to
state that he had no objections to paying the capital costs and
that he did not care if they run the lines . He stated that he
would , however , like to have some mechanism where he and some of
his neighbors could be exempted fran the burdensom costs of
hooking up if the Health Department says there is someway we can
avoid it . He stated that he certainly would not want to hurt
someone else who wants and needs the services .
Supervisor Desch noted that the staff has recommended a negative
declaration on the Environmental Assessment Form for the sewer
extensions . He asked if anyone had any questions about the
environmental assessment ? The Supervisor stated that since there
were no further questions he would close the public hearing .
PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDER ESTABLLISHING
1987 WATER IMPROVEMENTS
Proof of posting and publication of notice of a public hearing to
consider the adoption of an Order Establishing 1987 Water
Improvements having been presented by the Town Clerk , the
SSupervisor opened the public hearing .
A man in attendance stated that he had a petition fron landowners
in the Orchard Hill Road asking that water be extended to that
area .
Supervisor Desch questioned if the signers of the petition were
owners or about to be owners ?
The man responded , one about to be an owner and the remainder are
already owners as far as I know .
Town Board 19 March 9 , 1987
Supervisor Desch noted the petition contained five signatures . He
went on to say that as he remembered it , there were scmething like
seven or eight lots in the development .
The man responded , ten lots .
Bruce Brittain , 135 Warren Road stated that he wondered if the
Board was aware that this business of Forest Hcme ' s water being
connected to the Bolton Point supply is not a benefit , it is not a
gain , if the water is brought down Warren Road . It will benefit
the University to water the golf course . It will benefit new
construction on Fairway Drive . But when Varn and Fabbroni bought
that land they knew that there was poor water pressure . They knew
• that already upstairs in Larry ' s house when he bought the place he
had very poor water pressure . Other than those people , nobody is
to benefit , we are to loose . I want University water , I don ' t want
Bolton Point water .
Supervisor Desch asked Mr . Brittain what he considered he would be
loosing?
Mr . Brittain responded , good water .
The Supervisor asked what was not good about Bolton Point water?
Mr . Brittain responded , the effluent is very close , my father is a
hydrologic engineer and I have been skiddish all my life about
drinking water that other people thought was safe to drink , thought
was safe to swim in .
Supervisor Desch asked effluent from what?
Mr . Brittain responded , from the sewage treatment plant that is
down there on the lake . He went on to say that he did not think
they should be saddled with the expense when we do not gain . We do
not benefit .
Supervisor Desch responded , your expense will be no greater than
what you are paying now .
Mr . Brittain responded , well if the whole Town has to pay . Why
should Forest Home pay?
Supervisor Desch assured Mr . Brittain that the expense the Board
was talking about was not due to that water main . If we were to
construct that water main along the benefit assessment would not be
increased throughout the Town . The reason for the $ 10 . 00 increase
is for the expansion of water lines on West Hill .
Mr . Brittain responded , if they want it that ' s fine .
Supervisor Desch stated that if the Town chose not to replace the
water line on Warren Road , the continuing deterioration and
reliability of the Cornell system serving that area will continue
to go down . Cornell has indicated that they are just not in a
Position of totally replacing their system which is what they will
have to do in order to maintain reliability .
Supervisor Desch stated that in regard to the Orchard Hill Road
request for water , the area in question was not included because
the property owners did not sign a petition . If we change these
maps to include them there are several problems . One problem is
the whole procedural process will have to be started all over
again . The other problem is that when the subdivision was approved
the large lots that were designed with that subdivision were
intended to be served with wells and onsite systems , for obvious
Town Board 20 March 9 , 1987
reasons . There wasn ' t any water or sewer available . Every where
else in the Town , the developers have been required to extend water
and sewer lines within their subdivision . This has been a policy
that the Town has enforced for many many years . As a matter of
fact , we have another similar situation here on the map that shows
the lower end of Woolf Lane where it makes reference to water and
sewer lines by others . He stated that fran his own view and he
would like to hear other Board members camients , he felt that the
best the Town could do is by separate action , the Town could design
and arrange for the construction of the water lines but the
property owners , as would be the case with the developers , would
finance the cost of that line . In which case , as with developers ,
the property owners would be exempt frcen the benefit assessment for
a five year period . If a developer gets approval of a subdivision
• and has undeveloped lots for a considerable period of time , which
does happen , because the developer has financed the cost of the
water and sewer we don ' t require the benefit assessment to apply
for up to five years or until such time as that lot is sold in the
subdivision , at which time the new owner then picks up the benefit
assessment .
A man stated that he did not understand what a benefit assessment
was ?
Supervisor Desch responded , a benefit assessment is the charge that
the Town levies to pay for the debt retirement for the water and
sewer improvement . Obviously , it costs more for a small group of
developers or property owners to extend a piece of water and/or
sewer main when you spread it across the base that is comprised of
only those lots . He went on to say that it was up to the Town
Board as to whether or not they chose to change the policy where we
extend water and sewer lines to undeveloped properties . If so ,
then I should alert you to the precedence you will set for any
developer wanting to cane in and have the Town extend water and
sewer lines to that undeveloped property , it could create major
problems . He also noted another problem , that of retaining the tax
exempt status of the borrowing that we would be going out to do .
If you extend part of the system to undeveloped property that
Portion of the borrowing may be a taxable borrowing and will be
paying a substantial higher rate of interest . So those are the
problems we face , not only the timing , but we know you want water
and we would like to figure out a way that you can get water but we
also don ' t want those people who have been very patient throughout
these areas who have wanted water and sewer to be set back either
by virtue of us delaying or sane other action that sane aggrieved
person might want to take further down the road .
A man asked what was the definition of undeveloped property?
Supervisor Desch answered , a subdivision that has been approved
that does not have the benefit of having water and sewer mains
installed .
Councilwcenan Raffensperger asked if there were houses on these
lots ?
The man responded , there is one house now.
Councilman Raffensperger asked if there were not other places where
we have extended water and sewer past lots that are not developed .
Supervisor Desch responded , only where there is a critical need on
either end . It ' s like the situation here , even though we have a
critical need for water on Woolf Lane and a critical need for water
on DuBois Road , we are still requiring the developer of the
approved subdivision in between to pay for the water and sewer that
Town Board 21 March 9 , 1987
will enable us to get from one parcel to the other . That ' s the
case whether it ' s a subdivision here or any other place .
Councilwoman Raffensperger remarked , what they are asking for is
not along the road .
Supervisor Desch responded , it along the road but it ' s not along
the road to get to an area that has been expressed to us by
petition as a critical need . There isn ' t any remote area that will
be benefited by our running the water line through this area . You
see these are very large lots . The developer , eight or nine years
ago , had the option of either waiting to develop the property until
water and sewer were available , in which case they could probably
have put in four times the number of lots or selling off the lots
as large lots with the understanding , if you look at the minutes of
the 1978 meeting , of having to put wells and septic systems with
room for replacement septic systems .
Mrs . Grippie remarked that the Supervisor had spoken of the
property owners on Orchard Hill Road assuming the cost for the
lines , instead of the developer , could you tell us how much a foot
this will cost or are there no figures on this ?
Town Engineer Flumerfelt responded , in the range of $ 25 . 00 to
$ 35 . 00 per foot . Both water and seer , considering rock
excavation , canes out slightly higher , in the neighborhood of
$ 35 . 00 to $ 40 . 00 per foot .
Mr . Grippie asked if this could not be shared by the property
owners on both sides of the road?
Supervisor Desch responded , this is generally correct .
There being no further questions , the Supervisor closed the public
hearing .
ENVIRONMENTAL ASSESSMENT - WATER IMPROVEMENT
Town Planner Susan Beeners noted a correction that needs to be made
on page 3 of the Environmental Assessment , at the bottom of the
page , item C4 . The words City water supply and SCLIWC should be
reversed . The City water supply will be supplying the majority of
the proposed extensions .
RESOLUTION NO , 68
Motion by Councilman McPeak ; seconded by Councilwanan Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby make a
determination of negative significance on the Environmental
Assessment form covering the water improvements .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none) .
ENVIRONMENTAL ASSESSMENT - SEWER IMPROVEMENTS
RESOLUTION NO , 69
Motion by Councilman MCPeak ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby make a
determination of negative significance on the Environmental
Assessment form covering the sewer improvements .
Town Board 22 March 9 , 1987
A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT
1987 IN AND FOR 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
RESOLUTION N0 , 70
A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT
1987 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA -
1987 IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO
ARTICLE 12C OF THE TOWN LAW .
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York , in said City of Ithaca on March 9 , 19871,
at 5 : 30 o ' clock P .M . , Prevailing Time .
PRESENT : Supervisor Desch
Councilman McPeak
Councilwoman Raffensperger
Councilwoman Howell
Councilman Bartholf
Councilwoman Leary
ABSENT : Councilman Cramer
The following resolution was offered by Supervisor Desch who moved
its adoption , seconded by Councilman McPeak to wit :
WHEREAS , a plan , report and map have been duly prepared in such
manner and in such detail as has been determined by the Town Board
of the Town of Ithaca , Tompkins County , New York , relating to the
creation of the Town of Ithaca Sewer System Benefited Area - 1987
and the providing of a Town of Ithaca Sewer System Improvement -
1987 therefor , consisting of ( 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
Complex , (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 Tnunansburg Road .
Connection is made to the City of Ithaca system , (d) construction
and installation of approximately 5 , 880 feet of gravity and force
main on East Shore Drive from the vicinity of the Ithaca/Lansing
Town line to the City of Ithaca Steward Park lift station including
service to approximately eleven properties presently in the City of
• Ithaca hwich , by mutual agreement with the City , wiil 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 , and ( 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 pursuant to Article 12-C of the Tawas Law, and
Town Board 23 March 9 , 1987
WHEREAS , said plan , report and map have been prepared by Robert R .
Flumerfelt , 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 , said Town Board duly adopted an order on February 9 , 1987
calling a public hearing upon said plan , report and map and the
question of creating a proposed sewer improvement area to be known
as the Town of Ithaca Sewer System Benefited Area - 1987 and the
construction of the sewer improvements for said Improvement Area as
described above , such public hearing to be held on March 9 , 1987 ,
at 7 : 15 o ' clock P .M . , Prevailing Time , at 126 East Seneca Street ,
in Ithaca , New York , in said City of Ithaca , at which time and
• place all persons interested in the subject therof could be heard
concerning the same , and
WHEREAS , notice of said public hearing was duly posted and
published as required by law, and
WHEREAS , said public hearing was duly held at the time and place
aforesaid and all persons interested in the subject therof were
heard concerning the same , and
WHEREAS , it is now desired to authorize the creation of the Town of
Ithaca Sewer System Benefited Area - 1987 and the construction of
the aforesaid sewer improvements therfor ; NOW , THEREFORE , BE IT
RESOLVED , by the Town Board of the Town of Ithaca , Tcopkins County ,
New York , as follows :
Section 1 . Upon the evidence given at the aforesaid public
hearing , it is hereby found and determined that it is in the public
interest to make the aforesaid sewer improvement and to establish
the aforesaid Town of Ithaca Sewer System Benefited Area - 19870
It is hereby further determined that all of the real property
included within the boundaries of said Improvement Area are
benefited by said sewer improvement . The construction of said
sewer improvement consisting of ( 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 Ccoplex , ( c ) construction and installation of approximately
1 , 150 fet of 8 " sanitary sewer in Cliff Street to provide sewer
service for several properties on Campbell Avenue and Trumansburg
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 , and ( 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
Town Board 24 March 9 , 1987
jointly owned monitoring station , is hereby authorized at a maximum
estimated cost of $ 1 , 350 , 000 . The aforesaid Ithaca Sewer System
Benefited Area - 1987 consists of the entire Town of Ithaca ,
excluding the Village of Cayuga Heights .
Section 2 . The cost of said sewer improvement shall be borne
entirely by the property in the Town of Ithaca Sewer System
Benefited Area - 1987 consisting of the entire Town of Ithaca
excluding the Village of Cayuga Heights and such costs shall be
assessed , levied and collected from the several lots or parcels of
land within said benefited area in just proportion to the amount of
benefit which said sewer improvement shall confer upon such lots or
parcels .
• Section 3 . It is hereby determined that the estimated expense of
the aforesaid sewer improvement exceeds one tenth of one per cent
of the full valuation of the taxable real property in the area of
said Town outside of Villages and , therefore , in accordance with
the provisions of subdivision 13 of Section 209-q of the Town Law,
the permission of the State Comptroller is required for said sewer
improvement . Accordingly , the Town Clerk shall , within ten ( 10 )
days of the effective date of this resolution , file certified
copies of this resolution , in duplicate , in the office of the State
Department of Audit and Control in Albany , New York , together with
an application by this Town Board , in duplicate , for permission to
establish such sewer improvement as provided for by Section 209 (q)
of the Town Law, and that such application shall be executed by and
on behalf of said Town Board by the Supervisor of said Town .
Section 4 . This resolution is adipted subject to permissive
referendum .
The question of the adoption of the foregoing order was duly put to
a vote on roll call , which resulted as follows .
Councilman Bartholf Voting Aye
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
This resolution was thereupon declared duly adopted .
A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVMM
1987 IN AND FOR THE TOWN OF ITHACA SYSTEM BENEFITED AREA - 1987
IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO
ARTICLE 12-C OF THE TOWN LAw
RESOLUTION N0 . 71
• A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVEMENT
1987 IN AND FOR THE TOWN OF ITHACA SYSTEM BENEFITED AREA - 1987
IN THE TOWN OF ITHACA , TcmpKINS 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 the Town Hall , in Ithaca , New
York , in said City of Ithaca on March 9 , 1987 , at 5 : 30 P . M . ,
Prevailing Time .
Town Board 25 March 9 , 1987
PRESENT : Supervisor Desch
Councilman McPeak
Councilwoman Raffensperger
Councilwoman Howell
Councilman Bartholf
Councilwoman Leary
ABSENT : Councilman Cramer
The following resolution was offered by Councilwoman Raffensperger
who moved its adoption , seconded by Councilwoman Howell to wit :
• WHEREAS , a plan , report and map has been duly prepared in such
manner and in such detail as has been determined by the Town Board
of the Town of Ithaca , Tompkins County , New York , relating to the
creation of the Town of Ithaca Water System Benefited Area - 1987
and the providing of a Town of Ithaca Water System Improvement -
1987 , therof , consisting of ( 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 Tr unansburg
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 , and (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 Home system presently served by
Cornell University , pursuant to Article 12-C of the Town Law, and
WHEREAS , said plan , report and map have been prepared by Robert R .
Flumerfelt , 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 , said Town Board duly adopted an order on February 9 , 1987
calling a public hearing upon said plan , report and map and the
question of creating a proposed water improvement area to be known
as the Town of Ithaca Water System Benefited Area - 1987 and the
construction of the water improvements for said Improvement Area as
described above , such public hearing to be held on March 9 , 1987 ,
at 7 : 30 o ' clock P .M . , Prevailing Time , at 126 East Seneca Street ,
in Ithaca , New York , in said City of Ithaca at which time and place
all persons interested in the subject therof could be heard
concerning the same , and
WHEREAS , notice of said public hearing was duly posted and
published as required by law, and
WHEREAS , said public hearing was duly held at the time and place
aforesaid and all persons interested in the subject thereof were
heard concerning the same , and
WHEREAS , it is now desired to authorize the creation of the Town of
Ithaca Water System Benefefited Area - 1987 and the construction of
the aforesaid water improvements therefore NOW , THEREFORE BE IT
RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County ,
New York , as follows :
Town Board 26 March 9 , 1987
Section 1 . Upon the evidence given at the aforesaid public
hearing , it is hereby found and determined that it is in the public
interest to make the aforesaid water improvement and to establish
the aforesaid Town of ithaca Water System Benefited Area - 1987 .
It is hereby further determined that all of the real property
included within the boundaries of said Improvement Area are
benefited by said water improvement . The construction of said
water improvement consisting of (a) construction and installation
of a 12 " distribution water main form 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 " or 12 " water mains and
indivudual 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
plump station in this area for the distribution of water . This
system will connect to the existing Town system in the Tompkins
County Biggs Complex , and (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 Foest Home
system presently served by Cornell University , is hereby authorized
at a maximiun estimated cost of $ 1 , 000 , 000 . The aforesaid Ithaca
Water System Benefited Area - 1987 consists of the entire Town of
Ithaca , excluding the Village of Cayuga Heights ,
Section 2 . The cost of said water improvement shall be borne
entirely by the property in the Town of Ithaca Water System
Benefited Area - 1987 consisting of the entire Town of Ithaca
excluding the Village of Cayuga Heights and such costs shall be
assessed , levied and collected from the several lots of parcels of
land within said benefited area in just proportion to the amount of
benefit which said water improvement shall confer upon such lots or
parcels .
Section 3 . It is hereby determined that the estimated expense of
the aforesaid water improvement exceeds one tenth of one per cent
of the full valuation of the taxable real property in the area of
said Town outside of Villages and , therefore , in accordance with
the provisions of subdivision 13 of Section 209-q of the Town Law ,
the permission of the State Comptroller is required for said water
improvement . Accordingly , the Town Clerk shall within ten ( 10 )
days of the effective date of this resolution , file certified
copies of this resolution , in duplicate , in the office of the State
Department of Audit and Control in Albany , New York , together with
an application by this Town Board , in duplicate , for permission to
establish such water improvements as provided for by Section 209 (q)
of the Town Law, and that such application shall be executed by and
on behalf of said Town Board by the Supervisor of said Town .
Section 4 . This resolution is adopted subject to permissive
referendum .
• 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
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Town Board 27 March 9 , 1987
This resolution was thereupon declared duly adopted .
Gerald Weisburd asked if the meeting was being adjourned?
Supervisor Desch responded yes , we are going to take up your items
on March 31st at an adjourned meeting .
Mr . Weisburd responded that there is a Planning Board meeting
scheduled for the 17th for final approval and some of the things
were contingent on things being discussed here . We have targeted
the week after for contruction .
• Supervisor Desch stated that it would be best if the items were
discussed after the Planning Board meeting as there were a couple
of questions on the service road , for example . As far as the sewer
is concerned , it is the consensus of the Board that the Town not
accept the sewer .
Mr . Weisburd stated that he did not get a chance to talk about the
issues at all . He stated that he would like to represent his views
on the subjects .
Supervisor Desch responded that we waited until 7 : 00 P .M . , hoping
you would be here .
ADJOURNM W
The meeting was duly adjourned .
Town Clerk