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HomeMy WebLinkAboutTB Minutes 1989-06-12 TOM OF ITHACA REGULAR TOWN BOARD MEETING June 12 , 1989 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 , on the 12th day of June , 1989 , there were : PRESENT . Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman David Klein , Councilman John Whitcomb , Councilman ALSO PRESENT : John Ozolins , Highway Superintendent Sally Olsen , Town Engineer John Barney , Town Attorney Ed Cobb , 1005 Danby Road Mary Gilliland , 172 Pearsall Place Peter Fortunato , 172 Pearsall Place Beverly Livesay , Board of Reps Peter Hillman , 370 Stone Quarry Road Myrtle Whitcomb , 233 Troy Road Richard Elliott , Stearns & Wheler Kinga Gergely , 106 Juniper Drive Ephraim Tomlinson III , 224 Bostwick Road Norman Hollenbeck , 726 Five Mile Drive John A . Salmi , 132 Enfield Falls Road James Farrelly , 658 Elmira Road Mary M . Bergman , 212 Enfield Falls Road Emmett N . Bergman , 212 Enfield Falls Road Theo H . Jenks , 655 Five Mile Drive William C . Jenks , 655 Five Mile Drive Mark Tomlinson , 175 Culver Road Ralph Bacon , 704 Five Mile Drive Lois Bacon , 704 Five Mile Drive Jane Hardy , 215 Enfield Falls Road Fred T . Wilcox III , 109 Juniper Drive Louis J . Mobbs , 619 Five Mile Drive Marilyn Turk , 619 Five Mile Drive Rene Poelvoorde , Finger Lakes Parks Dan Hoffmann , Common Council Charles Drake , 305 Woodgate G . Ambruster , 350 Five Mile Drive Richard Tompkins , 176 Seven Mile Drive Linda Tompkins , 176 Seven Mile Drive Carol Ridall , 172 Seven Mile Drive James Ridall , 172 Seven Mile Drive Thomas Bell , 82 Curry Road , Trumansburg Martha Bell , 82 Curry Road , Trumansburg Richard Anderson , 246 Iradell Road Terry Manheim, 614 Elmira Road Gary Lindenbaum , 209 Giles Street Earland Mancini , 608 Elmira Road Sybil Phillip , 721 Elmira Road L . Cook 702 Elmira Road Rich Hill , 726A Five Mile Drive Glenn Snyder , 126 Seven Mile Drive Town Board Minutes 2 June 12 , 1989 Phil White , Jr . 348 Applegate Road Jim Walker , 235 Enfield Falls Road Robert P . Axtman , 17 Deerfield Lane George Wells , 214 Enfield Falls Road Edward Bosworth , 255 Troy Road Leonard Geller , 8 Bridge Street Ashley Miller , 343 Iradell Road , Trumansburg Margaret Fabrizio , 213 King Street Lisa Blackwell , 110 Day Hall Richard B . Fischer , 135 Pine Tree Road Bruce Brittain , 135 Warren Road Douglas Brittain , 135 Warren Road Robert Cotts , 115 Northview Road Barbara Cotts , 115 . Northview Road Paul Booth , 107 Judd Falls Road Misty March , 212 Linden Avenue Lisa Roop , 116 Osman Place Representatives of the Media . Jay Cox , Ithaca Journal .Ben Jobes , WICB Radio PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Speed Limits Supervisor- Desch stated that there is good news and bad news on our request to the State for lower speed limits . First , the bad news is the denial of our request on Burns Road and Dates Drive which means that they stay at 55MPH . However , we can rethink the advisory curve and grade signs and perhaps add curve signs at Dates Drive . We did succeed with West King Road from Danby Road to the top of the hill beyond the park and on West Haven Road which were reduced to 40 MPH . These are very important . Court Operations Supervisor- Desch noted that the move is underway with some sessions already having occurred in the old Court House and it is working our very well . The last session in Town Hall will be June 28 so engineering can start the move at that time . Asbestos Removal Supervisor Desch reported that this is moving forward slowly with the accurmnrlation of information on contractors bid specifications . We hope to know more in July . Flood Plain_ Management Regulations Supervisor Desch noted that the Town had been informed by DEC that they have found a number of deficiencies in our local law with respect to the Federal regulations . Our attorneys are reviewing the matter . We have 90 days to correct the deficiencies and 30 days to send back a schedule for correction . We should set a hearing for our August meeting to adopt these largely administrative corrections . RESOLUTION N0 , 131 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , Town Board Minutes 3 June 12 , 1989 RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 30 P . M . , on August 7 , 1989 to consider amendments to the local law on Flood Plain Management . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitccmb voting Aye: . Nays - none ) , Designation of Lands in Six Mile Creek as Park Lands Supervisors Desch went on to say that the City has agreed to go back to the drawing board to rethink their proposal to designate about 200 acres of land in the Town as substitute park lands for the Festival Lands . This was proposed to the State without Town or the affected property owners knowledge . He stated that he had suggested to the Mayor that the year old plan to form a joint legislative committee with respect to the need for land use policy for the entire Six Mile Creek watershed be followed through with , as the City indicated they would do a year ago . Town Engineer ' s Report Town Engineer Sally Olsen reported that on the 1989 water and sewer improvements she had been working on a preliminary list of parcels to be served and have sent letters to the property owners inviting them to be here tonight . She stated that she was still researching new highway specifications and was expecting copies of other Towns specifications . She went on to say that she had inspected Westview Drive , Sunnyview Drive and John Street for acceptance along with inspecting the drainage at # 2 Fairway Drive to make sure the drainage is towards the road . The Town Engineer stated that they have coordinated with the County engineering to place a 24 " by 70 ' long steel. casing pipe under the new Dubois Road intersection to carry the 12 " water line that will be installed by Indian Creek Retirement developers . Phase III , 1987 water and sewer improvements are vertually completed . Clean up has been scheduled on Phases I and II . The raw data is about to be sent to the consultant , for their analyses , on the Inflow/ Infiltration Study . Highway Superintendent ' s Report Highway Superintendent John Ozolins reported that all the hot mix paving was completed during the month and we have now taken care of fixing driveways also , patching on Burns Road . Up caning activities , depending on the weather , he was looking at surface treating the last week of the month , shoulders we plan to start this week and patching on and off the remainder of the summer . We have just about completed mowing throughout the Town once but that will be an ongoing summer project . We plan on tree trimming in September . The Highway Superintendent went on to say that with all the rain the grass has really been growing but the rain hinders mowing and planting . . Building Inspector/ Zoning Officer ' s Re rt Building Inspector/ Zoning Officer Andrew Frost reported that building permits were issued for eight single family attached , three single family detached , one two-family residence , two permits for additions and one for educational , plus nine miscellaneous permits which included three mobile hares for a total of 24 building permits issued . We are running about the same as we did last year . Twenty eight Certificates of Compliance were issued . We investigated eight new complaints for the month . 105 field visits for the month of May . Town Board. Minutes 4 June 12 , 1989 Councilman. Klein asked what was the timetable for the Chamber of Commerce in terms of site work ? Building Inspector/ Zoning Officer Frost replied that he had given them until. August 1st on a temporary certificate pending completion of the site work . Town Planner ' s Report Town Planner Susan Beeners reported that the pace of development applications coming in has slowed down noticeably from the last two years , at this time . She also felt that the pace of review of these proposals has also slowed down . She noted the South Hill Recreational informational meeting held at Town Hall and the Fall Creek meeting held at City Hall . She stated that they had several student interns now and they have been quite helpful in doing natural resource mapping in our efforts with comprehensive planning and assisting engineering with the water and sewer improvements . The Town Planner noted that the Board members had received tonight a project proposal by Douglas Foster who is a CRP grad student . He was hired last month for some aspects of comprehensive planning work . He is looking at several major stream corridors in the Town . Looking at the specific needs of those corridors and also will make some recommendations for different types of regulations that might supplement what we have currently . Ms . Beeners went on to say that the Comprehensive Planning Consultant , Stuart Brown , his latest prediction is that a draft report will be available around the 28th of June . She stated that she had asked him to submit a full report of the expenses incurred , work performed to this time , that can be reviewed . Councilwoman Raffensperger asked if there was some reason Buttermilk Creek was not on the list of possible creeks needing protection ? Town Planner Beeners replied that she supposed it could be . She went on to say that the list has expanded a little bit from what she thought it would originally include . She stated that she wanted Doug Foster to look not only at specific creeks but to perhaps initially , on a town-wide basis , take a look at the applicability of conservation easements . Also are transfer of development rights appropriate ? So we will not really be concentrating on anything specific but just have some recommendations . Virtually all of these creeks have a mixture of land which is tax exempt owned by parks and Cornell , where there is some kind of a land management , and also private areas . Counci]man Klein remarked that he assumed the June 28th date for the Stuart Brown report was somewhat out of sync with the original time frame . Have we asked him to provide an alternative schedule or a method of making up sane lost tine ? Town Planner Beeners replied that she did need to write to Mr . Brown , so she could pin him down . COUNTY BOARD OF REPRESENTATIVE ' S REPORT Representative Beverly Livesay reported that she felt the Town ' s contract for Youth Services would be effected by what the County does , if the County does what is being proposed . She noted that the Town ' s contract was for both recreation and the youth services , what the County is working on in the study committee is probably a recommendation that it be limited to youth services just at this time , at the County level . It is hoped that it would pick up all Town Board. Minutes 5 June 12 , 1989 or at least most of the youth services . You should keep your options open with the City . Supervisor Desch asked if there was anything new on the transfer station? Mrs . Livesay replied , that is going ahead with the environmental impact statement . The site has been designated and will go through the same process that the landfill went through . She felt it would be a good plan unless something turns up in the environmental impact statement . Then it will go through the licensing process so you don ' t really know until you have been through all of the processes . YOUTH SERVICES CONTRACT WITH THE CITY OF ITHACA Supervisor Desch remarked that the contract reflects the terms of the agreement that we mapped out last fall following the master planning and the final budget negotiations . Councilwonan Raffensperger remarked that the Board had discussed , over a period of time , not only the fees but equitability and availability of services . She wondered if that was something that should be in the contract . Supervisor Desch replied that the intention was , the way it was worded covers that and so far the sign ups have been on that kind of basis . There seems to be no problem with it . Town Attorney Barney remarked that he had not heard back from the City Attorney so there might be some minor modifications to the agreement . RESOLUTION NO , 132 Motion by Councilman MCPeak ,, seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the execution of the Youth Services agreement by the Supervisor with such minor modifications , if any , that might be required in the negotiations with the City . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . CODDINGI'ON ROAD COMMUNITY CENTER SUMMER PROGRAM Supervisor Desch noted that the program this years is almost identical to the programs held the past several years . Because of timing the application has already been sent so it is a matter of ratifying the scope of the program . RESOLUTION NO . 133 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the agreement with the Coddington Road Community Center for the summer recreation program in the amount of $ 1 , 395 . 00 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . Town Board Minutes 6 June 12 , 1989 REFERRAL OF RUMSEY REZONING APPLICATION TO PLANNING BOARD Town Planner Susan Beeners reported that there were a couple of pieces of property owned by Margaret Rumsey as represented by Allen Hayes , they have submitted a request for the rezoning of the quonset but that is adjacent to Buttermilk Falls State Park and a property which contains Mrs . Rumsey ' s bed and breakfast inn from Residence District R-30 to an unspecified business category . There has been some trouble getting really sufficient information to proceed along or for her to recommend that the application was really complete as far as an application for rezoning . We need to know not only what do they want it rezoned to but more importantly the site plan is deficient as far as showing the proposed access , parking and other features are . She stated that she was recommending that the Town Board refer this somewhat incomplete application to the Planning Board for their review and for them to request what additional information they would like to see so that they can make a recommendation back to the Town Board . Town Attorney Barney remarked that this has been the subject of litigation and they are under order as the result of the Town seeking an injunction to bring it into conformance and he felt this was their :response to it . Councilman Klein asked , what was illegal ? Town Attorney Barney replied , there were several items but the major one was the outside storage . There was a variance obtained to operate a cable operation out of the but but it was conditioned expressly on the prohibition of outside storage . There has been outside storage and as a result the Town got an injunction restraining them from having the outside storage . The judge directed them that if they wanted to do it to file an application for rezoning . RESOLUTION NO . 134 Motion by Councilman Klein ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby refer the application of Margaret Rumsey for rezoning of Tax Parcel No . 38-1 -2 and 38-1-3 to the Town of Ithaca Planning Board for their consideration . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . SALARY INCREASE FOR ASSISTANT BUDGET OFFICER RESOLUTION N0 . 135 Motion by Councilman Bartholf , seconded by Councilwoman Leary , WHEREAS , Linda Nobles was appointed Assistant Budget Officer/Personnel Manager on November 7 , 1988 , and WHEREAS , Mrs . Nobles has completed her six month probationary period in an exemplary manner , and WHEREAS , the Town at the time of employment agreed to consider a salary increase at the time of completion of the probationary period , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that the salary of the Assistant Budget Town Board Minutes 7 June 12 , 1989 Officer/Personnel Manager be increased from $ 25 , 000 /year to $ 26 , 000 /year effective immediately . The increase will not effect eligibility for an increase on January 1 , 1990 . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AMENDMENT TO THE HIGHWAY PAVING PROGRAM - PHEASANT LANE Supervisor Desch remarked that he assumed the Board members had seen the correspondence on this including the petition . He went on to say that basically what the people in the Pheasant Lane/Dove Drive area are saying is that since we paved Dove Drive that the short stretch of Pheasant Lane should be surfaced with the same quality . He felt this was true in a large measure , however , the 10-Year Paving Plan does not indicate it that way so if we are going to change it it means an amendment to the Highway Agreement and the allocation of funds for that which means that some funds will not be available for some other paving in the Town or in the alternative the budget would have to be amended . He noted that the Highway Superintendent had same reservations . Highway Superintendent Ozolins stated that just for materials alone he estimated about $ 6 , 600 . That in itself is not so bad , however , right now he was planning on coming back to the Board , taking a look at what money he had remaining and then additional roads that are not on the paving plan but that need work . Cold mix paving he was considering for Game Farm Road at $ 27 , 400 and plus additional surface treatment above what has already been approved and that is approximately $ 25 , 200 . There are also some other roads that he wanted to .look at as far as deterioration because of last winter . There are other roads that he would have to repave sections of to keep them from totally falling apart . He stated that his concern with doing Pheasant Lane right now was because last year it was surface treated , there is nothing wrong with the road . If we make an exception on this road then we will have to make exceptions on other roads . If we do that then we are looking at a big increase in money . If we approve this then any time anyone wants to crone in . . . . . you can ' t plan for a budget . Councilwcanan Raffensperger remarked , this is really a continuous road . Highway Superintendent Ozolins replied , the traffic that goes on there is all local traffic . Councilwoman Raffensperger replied , the fact that it has two names is sort of strange . It is after all basically one road and it is really kind of strange to have one portion of what is basically one road done on fashion and the other section done in another . Highway Superintendent Ozolins replied , Dove Drive loops around , Pheasant Lane crosses it . Supervisor Desch remarked , to a certain extent the Highway Superintendent is right about the outside risk from a standpoint of setting a precedent but on the other hand in an area where this is in a sense the only group of streets you don ' t have other streets going off of it where you would be setting a precedent . He stated that his view was that the risk of setting a precedent is low in relation to the benefit that we gain and we really ought to do it . At the same time you have to recognize that we either substitute that street. for another street or increase the budget to allow for that street: to be paved . He asked the Highway Superintendent to indicate so that the Board will know what other streets are being Town Board Minutes 8 June 12 , 1989 considered , therefore , if they want to look at those streets in addition to Pheasant Lane they can do so . Highway Superintendent Ozolins replied that he was considering Game Farm Road , a section of Forest Home Drive from the Dryden Town line up to about Caldwell Hill , Simsbury , Calkins Road , several portions of Sand Bank Road and Caldwell Hill . Councilwoman Raffensperger questioned Game Farm Road , she asked if half of it was going to be done or all of it ? Supervisor Desch replied , the Town responsibility is the whole piece from Ellis Hollow to just short of the bridge . Councilwomen Raffensperger suggested that the Town negotiate with the Town of Dryden to do something with the part as it is the worst part of the road . Highway Superintendent Ozolins remarked that right now he was not sure what the Town of Dryden was looking at . He will report back to the Board at the July meeting . JOB DESCRIPTION FOR DEPUTY TOM CLERK Supervisor Desch remarked that there was only a minor change in the job description . RESOLUTION N0 . 136 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the job description for the Deputy Town Clerk . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PERSONS TO BE HEARD Peter Hillman , 370 Stone Quarry Road stated that he would like to address the noise ordinance . He stated that first of all if one wants an ordinance there has to be a need for an ordinance . We took a straw vote at our last South Hill Ccm=ity Association Meeting and the problem with noise abuse , at least in our section of Town , is a very real one , its been an on going one and it continues -to be a real problem . For example , this past spring before graduation there were two very large parties given by Ithaca College students . Both of them were along Danby Road and each of them had art excess of fifty cars parked on either side of the road . To these large parties they bring rock bands and the noise is quite loud . Mr . Hillman stated that he lived one-half mile away and he could shut all of the windows in his house and he could still hear the noise filter through . The problem is real and we seem to have no real recourse against it . He stated that he called the Sheriff on one occasion when there was a student party in the house next to his , which is rented to student , they said they couldn ' t do anything because they were not breaking the law . Also there are parties in Buttermilk Falls State Park and they can be loud and that he could hear then at his house . Another real problem that the City has had and it is a real potential problem and that is the construction noise . He stated that he was not taking about construction noise in the day time , he was talking about noise at night time . Town Board Minutes 9 June 12 , 1989 Mr . Hillman went on to say that with the thought in mind that a noise ordinance is a very real need , then he took a look at the noise ordinance that was presented last September . He stated that he personally found a lot of flaws in that and that he had also consulted with Albert George who is a professor at Cornell who teaches an. acoustics and noise course . He is a very knowledgeable man in regard to measurement of noise . One has to spell out what DB levels are necessary before that is exceeded and it becomes an infringement . In consulting with Mr . George , Mr . George said that the cost and the expertise in enforcing such a thing is really not that great . Mr . Hillman showed the Board a sound level meter that is sold by Radio Shack which costs $ 29 . 95 . It is quite capable of measuring rock music at someones property line accurately . If it is contested that the meter is not accurately measuring the sound level , Mr „ George has volunteered to have someone recheck it following the violation , to check the accuracy of the meter . So that is really not a problem . Obviously , for $ 30 . 00 a piece you could have one in each Sheriff ' s car and the Building Inspector , Andrew Frost , could have one , also . This is good for one type of noise and that is continuous noise as produced by rock bands . There is another type of noise that is called impulse noise . Impulse noise is noise from gun fire , fire crackers , hammering . These can be quite irritating too . The problem is that this particular meter does not respond quickly to follow these transient noises . Impulse noises need a more elaborate sound level meter and in those cases you could bring in a consultant who has this kind of particular meter . He stated that he could see those particular problems occurring during construction . That is the background on measurement and enforcement . Mr . Hillmmin noted a variety of errors from typo ' s to quite substantial. errors . (Copy of his suggestions are attached to the minutes ) . Supervisor Desch suggested that perhaps it would be appropriate to discuss this item at the July meeting . Councilwcman Raffensperger remarked that perhaps the Town Attorney might review this proposal and make comments to the Board by the meeting because she was sure that if the Board were going to proceed we should do it before Fall . Town Attorney Barney replied that he would need some guidance as he had worked from the City Ordinance as a base but in the preliminary discussions it was decided that the Town wanted certain items deleted that were included in the City Ordinance . For example , the Town did not want construction noise made a part of the ordinance , so he deleted this . PUBLIC HEARING TO CONSIDER THE FORMATION OF THE WINNERS CIRCLE LIGHTING DISTRICT Proof of pasting and publication of a notice of a public hearing to consider the formation of the Winners Circle Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney remarked that he received a call from the Attorney for the applicant stated that Mr . Paolangeli was out of town today , therefore , his absence here tonight does not indicate a lack of not. wanting the lighting district established . As no one wished to speak on behalf of or against the lighting district , the Supervisor closed the public hearing . Town Board Minutes 10 June 12 , 1989 RESOLUTION NO . 137 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLUTION AND ORDER ESTABLISHING WINNERS CIRCLE SUBDIVISION LIGHTING DISTRICT AFTER PUBLIC HEARING WHEREAS , a petition dated April 24 , 1989 , has been duly presented to the Town Board of the Town of Ithaca , according to law, requesting that a lighting district , as hereinafter described , be established in the Town of Ithaca , and WHEREAS , said Town Board duly adopted on the 8th day of May , 1989 , an order reciting in general terms the filing of said petition , the boundaries of the proposed district , the improvements proposed , the maximum amount proposed to be expended for the improvements , and specifying that the Town Board shall meet at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 12th day of June , 1989 , at 6 : 45 P . M . , to consider said petition and hear all persons interested in the subject thereof concerning the same , and WHEREAS , certified copies of said order were duly published and posted according to law , and said Town Board did , at the time and place specified in said order , duly meet and consider the matter of the establishment of said lighting district , and heard all persons interested in the subject thereof who appeared at such time and place , concerning the same , and WHEREAS , the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , in the County of Tompkins , New York , that it be and hereby is determined as follows . 1 . The aforesaid petition is signed and acknowledged as provided by law and is otherwise sufficient . 2 . That all of the property and property owners , within the proposed lighting district , are benefitted thereby . 3 . That all of the property and property owners benefitted are included within the proposed lighting district . 4 . It is in the public interest to establish the proposed lighting district as hereinafter described ; and be it further RESOLVED , that the Town Board does hereby approve the establishment of a lighting district as hereinafter described to be known as the Winners Circle Subdivision Lighting District , and be it further RESOLVED , that the boundaries of said Winners Circle Subdivision Lighting District are as set forth on Schedule A attached to this resolution , and be it further RESOLVED , that the following improvements in said district be constructed. upon the required arrangements being made with New York State Electric & Gas Corporation : three ( 3 ) lights and associated poles , brackets , wiring and cable , and be it further Town Board Minutes 11 June 12 , 1989 RESOLVED , that the proposed improvements , including costs of rights-of-way , construction costs , legal fees , operating expenses , maintenance , and other expenses , shall be financed as follows : each of the lot owners in said Winners Circle Subdivision shall be assessed a. proportionate share of the annual cost of operating and maintaining said lighting system, the Town Board determining that each lot owner is benefited substantially equally and therefore until otherwise determined by the Town Board , the cost of the installation , operation and maintenance of said lighting district to be borne by each lot owner paying one-sixth or 16 . 666 % of said cost annually , and be it further RESOLVED , that the Town Clerk be and she hereby is authorized and directed to file a certified copy of this resolution , in duplicate , in the Office of the State Department of Audit and Control in Albany , New York , within ten days after the adoption of this resolution , and be it further RESOLVED , that pursuant to the terms of the aforesaid resolution and in accordance with Town Law Section 194 it is hereby ORDERED , that a lighting district be established in the said Town of Ithaca , Tompkins County , New York , as described in the foregoing resolution ,, to be designated as Winners Circle Subdivision Lighting District , to have the description and boundaries set forth on Schedule A annexed to this resolution and order , and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the Office of the Clerk of Tompkins County in which the Town of Ithaca is located , within ten days after the adoption of this order , and it is further ORDERED , that the Town Clerk is hereby authorized and directed to file a certified copy of this order in the Office of the State Department of Audit and Control , Albany , New York , within ten days after the adoption of this order . SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , County of 'I Wkins , State of New York , and being the subdivision known as the "Winners Circle Subdivision " as shown on the subdivision map entitled " FRANCIS J . PAOLANGELI - DEVELOPER - WINNERS CIFCLE SUBDIVISION , FINAL PLAT , SLATERVILLE ROAD , NYS ROUTE 79 , TOWN OF, ITHACA , TOMPKINS CO . , N . Y . , " dated February 71 1989 , by T . G . Miller Associates , P . C . , Engineers & Surveyors , a copy of which map was filed March 24 , 1989 in the Tompkins County Clerk ' s Office in Drawer M of Maps , 100 and 101 , and being more particularly bounded and described as follows : BEGINNING at a point in the centerline of the Slaterville Road (New York State Route 79 ) in said Town , which point is at the most easterly corner of Lot 1 as shown on said subdivision map ; thence South 64 degrees 42 minutes West ( all bearings magnetic 1988 ) , passing through iron pipes at 33 . 4 feet , 228 . 9 feet , 431 . 9 feet , and 497 . 1 feet , a total distance of 512 . 4 feet to an iron pipe ; thence North 35 degrees 33 minutes West , passing through an iron pipe at 191 . 0 feet , a total distance of 199 . 7 feet to an iron pipe , thence North 35 degrees 02 minutes West , passing through iron pipes at 238 . 0 feet and at 290 . 0 feet , a total distance of 510 . 0 feet to an iron pipe set in the apparent center of a creek , thence easterly along the centerline of a creek , a chord bearing North 73 degrees 31 minutes East , a chord distance of 361 . 1 feet , a distance of 363 Town Board Minutes 12 June 12 , 1989 feet more or less , to a point marked by an iron pipe ; thence South 33 degrees 10 minutes East a distance of 166 . 0 feet to an iron pipe ; thence South 56 degrees 56 minutes West a distance of 41 . 7 feet to an iron pipe ; thence South 34 degrees 24 minutes East , passing through an iron pipe at 24 . 5 feet , a total distance of 48 . 5 feet to an iron pipe ; thence North 89 degrees 37 minutes East a distance of 5 feet to an iron pipe , thence South 30 degrees 07 minutes East a distance of 119 . 7 feet to an iron pipe , thence North 72 degrees; 45 minutes East a distance of 8 . 6 feet to an iron pipe ; thence South 34 degrees 03 minutes East a distance of 100 . 0 feet to an iron pipe , thence North 72 degrees 44 minutes East a distance of 127 . 0 feet to an iron pipe , thence North 54 degrees 29 minutes East , passing through an iron pipe at 61 . 5 feet , a total distance of 94 . 5 feet to the centerline of Slaterville Road ; thence South 34 degrees 01 minutes East along the centerline of Slaterville Road a distance of 205 . 8 feet to the point or place of beginning . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman .Whitccanb Voting Aye Supervisor Desch Voting Aye The Resolution was duly adopted . PUBLIC FACILITIES - INDIAN CREEK RETIREMENT COMMUNITY Town Planner Beeners stated that she was unable to find the letter from Scott Lucas but that she could explain its contents . She showed the Board two maps which showed the proposed six acre natural area , a trail right-of-way , a park site as well as a proposed public road system with the remainder of the roads being privately owned . Also , a utility map plan which includes 1000 ' of 12 " water main which is proposed to be constructed by the developer . She stated that the letter that she received from Mr . Lucas , that. she had misplaced , did indicate his intent to construct 1000 ' plus or minus of 12 " main and a hydropneumatic system. It would be a link between the proposed improvements that the Board will consider later in the meeting . Mr . Lucas also indicated his intent to contribute $ 300 per dwelling unit towards the cost of sewer main improvements . He also indicated that the business about which road; and utilities would be public versus private . There is still scme discussion as to exactly what the road names will be but the Planning Board will have to look at that later when he canes back for final subdivision and site plan approval . Ms . Beenerss went on to say , you may remember in the local law approving the zoning for the property that one of the conditions in it was the execution of the agreement in which there would be terms related to both provision of water and sewer services by the developer to his site under a couple of proposals that were being considered at that time . Supervisor Desch remarked , so we have in writing their commitment to proceed with the 12 " water main along Trumansburg Road along with the sewer details . He went on to note that on the map of the streets , you may remember at our last meeting there was a discussion about the road that forms the loop at the end whether Town Board Minutes 13 June 12 , 1989 that would be private or public . He asked the Town Planner to conraent on this . Town Planner Beeners replied , the loop there is what this Board had recommended be public road so that the only real private road would be a couple of little cul-de-sacs off that loop as well as what goes into the eighty unit retirement complex itself . The local law for the project does though provide for modification of that arrangement if the Planning Board decides to require it in the final plat and site plan . Supervisor Desch remarked , the concern at the last meeting was the length of the cul-de-sac . He remarked that he assumed the park space was not an issue , at this point ? Town Planner Beeners replied , what is proposed to be reserved exceeds the 10 % typical dedication . The Indian Creek natural area is a small wooded stream in which it might be appropriate to have some kind of a trail over it at scare point . There is no intention of the Town developing a trail or a crossing of that until we see what might be happening to the South . Supervisor Desch asked what part would be dedicated to the Town? Town Planner Beeners replied , the entire ten acres would be dedicated , exclusive of the pond . Councilwoman Raffensperger , speaking to the Town Planner , remarked there is one entrance and one only but there is a reservation for a secondary access? Town Planner Beeners replied , yes . That one entrance is designed to be a divided road and secondly we requested that he provide a roadway reservation to the North which could extend when that land to the North was subdivided so that there could be another access on the Trim:iansburg Road . Councilwoman Raffensperger asked , what is the length of the roadway after you leave the divided part of it? Town Planner Beeners replied , there is about 1400 of cul-de-sac from Trumansburg Road to the point at which it divides into a loop , rather than your typical 1000 feet . The Engineering Department has reviewed that aspect of the road . Councilwoman Raffensperger asked how long the road was after you leave the divided area , the loop? Town Planner Beeners replied that she did not know . Supervisor Desch remarked , perhaps we can measure that and come back with an answer later in the meeting . PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITED AREA - 1989 Proof of posting and publication of a notice of a public hearing to consider the establishment of a proposed Water Improvement Area to be known as the Town of Ithaca Water System Benefited Area - 1989 having beer, presented by the Town Clerk , the Supervisor opened the public hearing . Richard Elliott , Stearns & Wheler Engineers and Scientists showed those present , on a map , the route of the proposed water and sewer Town Board Minutes 14 June 12 , 1989 improvements . He went on to say that it was proposed to extend water and sewer in the Inlet Valley area , the area each side of Route 13 (Elmira Road) from the City line out to approximately Turback ' s Restaurant and to include Seven Mile Drive and Bostwick Road up to Seven Mile Drive , Route 13A or Five Mile Drive to the City line . The water main will be extended from the existing City tank adjacent to Elm Street . It will extend generally across undeveloped property to Coy Glen and Glenside Road , down Coy Glen Road to Route 13A (Five Mile Drive ) . It will extend along Five Mile Drive to a point approximately equal in distance from Bostwick Road and -the intersection with Route 13 . There it crosses Inlet Creek and the railroad tracks to Route 13 and then enters the City and ties into a line to be extended by the City from their existing water mains along Elmira Road . The water main between the Elm Street tank and the City distribution system is proposed to be a 12 " water main . The main extended out Bostwick Road , Seven Mile Drive and Route 13 are proposed to be 8 " water mains . The sewer to serve this; same area will be be 8 " sewer mains along Seven Mile Drive , Bostwick Road and Five Mile Drive and will include pumping stations and the pumped up Route 13A and will be introduced to a gravity sewwer main on 13A or Floral Avenue . Mr . Elliott went on to say that the second element of the water and sewer improvements includes the construction of same short sections of water and sewer in the West Hill area along the Trumansburg Road and is proposed to ccnplete a system in the Indian Creek area . The water will be constructed in the Woolf Road area and is an extention of existing water mains and will be done in conjunction with some improvements to be done by a developer in the area and will complete a distribution system . Approximately 1200 feet of 8 " water main and 1800 feet of sanitary sewer . In the South Hill area in the vicinity of Troy Road and East King Road there is an existing pressure zone serving an intermediate pressure zone between the zone created by the Ridgecrest tank and the Coddington Road tank . That intermediate pressure zone is served by only a 5 , 000 gallon tank and it serves a very narrow band of pressures in the area . The pressure zone is intended to be modified to an extent in that it will be broader and serve a wider area and will also provide storage of 150 , 000 gallons instead of merely 5 , 000 gallons and provide more stable water pressure to those served and provide a more reliable service and provide extended fire protection:; . Mr . Elliott went on to say that in the Taughannock Boulevard area along the western lake shore area it is proposed to make two improvements to water and sewer which have been extended to that vicinity . Those improvements include the construction of flow metering manholes on the sewer , provision for flushing and a water metering facility . In brief , those are the improvements envisioned in the 1989 program . Supervisor Desch remarked that the Town had quite a bit of information that has been accumulated over the past five years , a County Health Department report which indicates both sever quantity problems and/ or quality problems . We also have a number of letters and a petition from property owners in the area requesting that the Town consider the extension of public water , in particular . Since the announcement of the public hearing there are a number of letters that we have received requesting that the project be approved . He stated that he also had had a number of telephone calls . He then asked the public for comments . EnTett Bergman , 212 Enfield Falls Road remarked , you mentioned that water and sewer would cane down to approximately Turback ' s Restaurant , will that also serve Highway 327 going up to Robert H . Treman State Park? F Town Board Minutes 15 June 12 , 1989 Mr . Elliott replied yes , the water is extended up to approximately the entrance of the park . Mr . Bergman asked , water and sewer both? Supervisor Desch replied , right . Actually the water is limited to the 525 ' contour because of the elevation of the Elm Street tank in the City . The sewer is not limited , however , and we have had a request to go three , four or five houses beyond the water and that would not be a major problem . Anita Wilkins , 234 Enfield Falls Road stated that she lived in that neighborhood and was interested in sewer . She asked if everyone above that line would have to approve of sewage in order to get it? Supervisor Desch replied no , in your case there are four or five houses beyond what the map shows and it would not be a problem to include those but if there is a large gap in between then it becomes a major cost factor . They would have the opportunity to object if they wish . Gary Linde:nbaum the Business Administrator of the Ithaca Schools and as a large potential user of both water and sewer on Bostwick Road we are interested in participating . Currently our buses are not kept clean because of not enough water in our wells during peak periods . 'We can ' t clean our buses and it is important to us as a public image to keep our buses as clean as possible . Also , all of our drinking water is now purchased , the water currently is not drinkable . We are a potential large user of water on Bostwick Road would want you to put it in as quickly as possible . James Ridall , 172 Seven Mile Drive remarked , we are talking water and sewer , right? Supervisor Desch replied , right . Norman Hollenbeck , 726 Five Mile Drive stated that he would really be pleased to have water in his home . The past ten years he has had to go to a second well and it would go dry and then to a cistern . It is safe but very high in iron and sulphur and during July and August it was necessary for him to import water and it costs him , for maintenance service $ 50 . 00 per month and $ 500 for cleaning the existing well . Lester Coop , 702 Elmira Road stated that he was definitely looking forward to both water and sewer . He stated that he was currently using a dug well and there is a drilled well on the property . He just purchased the property a year ago . The drilled well has sand in it . He stated that the water was good but he was looking forward to both public water and sewer . Peter Hillman , 370 Stone Quarry Road stated that he was very sympathetic: and supportive of people who need water . He certainly was a person on Stone Quarry Road who had real problems . But the problem , as he sees it , is who is going to pay for this ? If this plan goes through it means a $ 15 . 00 per unit water increase . He stated that he personally , on Stone Quarry Road , had 4 . 5 water units to help provide your service it ' s going to cost him $67 . 00 a year additional to what he was already paying . Mr . Hillman stated that he did want to put the cost thing is perspective , and then he wanted to make a suggestion as to who could help us pay for this The water unit costs remained unchanged from 1979 , in 1984 there was a modest increase and then in 1988 it made a dramatic jump . It went from $ 52 . 00 a water unit then up to $ 54 . 00 , the current rate is $ 64 . 00 , the proposed value is $ 79 . 00 per water unit . He stated that it was getting fairly expensive , it seemed to him . If we were Town Board Minutes 16 June 12 , 1989 only paying for an increase in water that would not be such a bad deal because if our Town and County Taxes hadn ' t been increasing . He remarked , did you know that in the past ten years the overall increase in your Town and County Taxes have gone through about a 410 % increase in ten years . In 1985 , his January tax bill for the Town of Ithaca , he has two and one-half acres with a house of 1 , 400 square feet and an apartment over a garage that is a small apartment of 700 square feet , the taxes in 1985 were about $ 570 . This past January he paid $ 1 , 253 , that ' s not including School Taxes , that was just for his water tax and his Town tax . He stated that he liked water and needed water just as much as any of the people in here and he strongly supported that . But he suggests that some people are profiting from all this . There are a lot of properties that are vacant now but when you put these water sources available to , them all of a sudden they drool at the mouth and sell their stuff very readily and they run to the bank with all the money and he has to pay for it out of his own pocket . Mr . Hillman stated that he was starting to get pretty tired of this because he was not showing much for all his taxes because he wasn ' t getting any additional services for the tremendous increase he has been paying . Him. stated that it would seem to him that developers at the very least: could be required to have sort of a hook up fee or something to help off set this cost to you and I . We need this service but we don ' t need to give our money to the developers who are certainly profiting from all of this . He asked that the Town Board members become innovative in terms of trying to look for other monetary sources to help pay for this overwhelming tax burden that we presently have . Karl Niklas , 1005 Danby Road stated that he was President of the Greater Ithaca Neighborhood Association . He went on to say that you have just heard Dr . Hillman present some statistics in regard to the overall increase in the water taps and a very quick calculation that he did shows that this increase is raised to the third is the trend shown since 1988 . He went on to say that it was rather interesting ; if you project that increase from 1990 to 2000 you have a. very frightening picture of what our water taxes and Town and County taxes will look like . He stated that he was very sympathetic* too to the need for water and sewage but he agreed with Dr . Hillman ' s suggestion that the individuals who will benefit most from this are not the private homeowners yet if you look at your own taxes you will be paying the brunt of the cost for these facilities . In 1988 , GINA proposed before the Town Board that we have to look into the costs that developments will place on the Town infrastructure . Rather interestingly you get an idea of what the infrasi-.ructural cost may be , for example some of the figures that were told to us he had just jotten down . Troy and East King Road currently has a water reservoir tank of 5 , 000 gallons of water and its being proposed that a new tank be put up for 150 , 000 gallons . A, very simple division tells you that that is a factor of 30 , we are increasing the capacity not by double , not by three times , not by ten times but by 30 times . Now the question is : Is that to supply the needs that exist now? Supervisor Desch replied , the answer is yes . Mr . Niklas replied it is , how so? Supervisor Desch replied , because the tank as it is being designed in this proposal should have been built when the original water improvement was put in . Mr . Niklas replied , so you need 150 , 000 gallons just to support what is there . Then he stated that he would say that the opposite could be that you are showing poor planning . Town Board Minutes 17 June 12 , 1989 Supervisor Desch replied , that is right . Twenty years ago when the Town Board decided to extend water and sewer , primarily water to that area , if you have lived in the community long enough , you will remember that they encountered a severe rock problem so they had a number of things they could do . They could decide not to do the project , decide to cut back on the scale of storage that would be available , which is what they did decided to do so that they could go forward and get the maximum number of people the water that was needed . So basically , the Town Board over the years has said , in the Master Planning Process when the time comes that the need for additional storage becomes an urgent matter then we will crank that into a future plan . Mr . Niklas replied , then what you are saying that what you are planning on doing will only maintain the status quo . Supervisor Desch replied , no . Mr . Niklas replied , you just said it was to fill the present need . So that ' s the status quo . Supervisor Desch replied , it fulfills not only the present need but the future as well . Mr . Niklas remarked , it anticipates future needs . Supervisor Desch replied , of course . Mr . Niklas replied , that ' s exactly what he had said and it was a factor of .30 . Supervisor Desch replied , you know you don ' t build capacity into a system that by the time you get it built is going to insufficient . You build into it , not only to catch up but large enough for future development in that area so that you don ' t have to duplicate it again . Mr . Niklas remarked , so it is for future needs ? Supervisor Desch replied , it is for both . Mr . Niklas replied , future needs is that for Chase Farms ? Supervisor Desch replied , it won ' t help Chase Farms one bit because its an intermediate pressure zones it will make it more cost effective t.o get the water to Chase Farms because the pumps won ' t have to work as hard to do that , so you have a more reliable system overall . Elliott Lauderdale , a resident of Stone Quarry Road stated that he just looked quickly in the library today about different of w new States and Counties approach the problem of impact development. on a COMMity . For example , in South Hill where Deerrun , Mr . Monkemeyer , there are a very large number of houses being built. in that area so it sort of makes sense that given all the new units being built in the area there will be greater demand on the infrastructure , not only the water in this case but also roads , schools , fire protection , police protection . In a variety of other States they try to arrive at an equitable developmental impact assessment for developers who are subdividing large areas of land . He stated that it took him only about 15 minutes and came up with a list of references . There are an extremely wide range of options a government could institute an impact assessment on a new subdivider or on a builder , especially a builder who was going to be putting in a large number of lots that would be both equitable as a balance between that added impact on that infrastructure svrtmml�ltmll�IM® s�� Y�YIIYYI■IIIi111YYYilYl t114R1AlIYI�IG111'I'®I�IIIYI®Y�iYI� Town Board Minutes 18 June 12 , 1989 caused by the new development and the present tax payers . The reason for this is because if all of the new , say this new water tank is paid by a developer then in essence that developer is subsidizing the rest of us taxpayers and its impossible for a new haneowner to came into the community . Those houses are much more expensive then the rest of the houses . Supervisor Desch asked Mr . Lauderdale how many of those counties were in New York State ? Mr . Lauderdale replied , the one example is in Ramapo in New York . Councilwoman Raffensperger remarked that she would like to make a comment . Last week when Martin Luster had his Town of Ithaca meeting she once again raised with him the impact fee question because she stated that she had long been interested in the Town of Ithaca being able to do that . It is , as she understands it , from our Town Attorney and from Mr . Luster not legal at this time and Mr . Luster is attempting to cane up with legislation to be presented in the Fall which would authorize a system which we could all employ in order to use these impact fees but presently we are not permitted to do that in New York State . Supervisor Desch added , as you saw from the presentation earlier , on a voluntary basis we have been extremely successful in getting voluntary impact fees in the case of the Indian Creek project . Water service on half of that area on Trumansburg Road would not be possible if that project weren ' t going in so development can pay its way . The question is when you look at a subdivision do you have a plan that will enable you to build into it sufficient for the future , which is somewhat related to the issue Mr . Niklas was raising . Ephraim Tomlinson , 224 Bostwick Road stated that he was in favor or the water and sewer extensions . We have water problems at our house now . But to speak to what these gentlemen have been saying , he felt they were ignoring the benefit of development which will increase the tax base . Taxes are going up , as the chart showed , and one way to bring that down is to increase the taxe base so that the "X" dollars that the Town has to spend can be spread among more people . Supervisor Desch replied , if you look at the comparative costs for putting wager and sewer in the areas around us , for example in the Town of Lansing , water alone is costing those property owners $600 a year for debt retirement , compared to the $ 79 that we are looking at here . Pie went on to say that he would like to comment on that $ 79 figure , the basis for that , whenever you put together a package of this kind of improvement you have to make the worst case financial forecast . You have to be able to show the Comptroller of State of New York in your application for approval that you have the financial where with all first of all to pay down and pay off the debt . So in the projections that you put together you make the worst case assumptions and that is what this is , in all probability the amount of the increase will be lower . The reason for that is that once a project is designed and bid you don ' t have to carry the heavy 30 to 40 percent contingency in the project , you know what you are running into in the soils , you know exactly where the pipeline is going you know the number of connections , etc . , that are going to be made . The other aspect of it is , if there were an increase and you have to look at it today at its face value to the best of your knowledge , if that increase were to be implemented it would show lip on the tax bill in 1991 . So you really can ' t project the numbers as Mr . Hillman has done because you don ' t assess the benefit until the benefit is derived . The system would be hopefully canpleted in 1990 so the following tax year is when the wm�w.aunrow��rwnssw.ni�isewu Town Board Minutes 19 June 12 , 1989 i first assessment would take place . There is another aspect about the funding for this type of project and that is that the assessment to the property , it doesn ' t matter who the owner of the property is , whether it ' s tax exempt or not , in other words , water and sewer assessments are assessible irrespective of the taxable stratus . Cornell for example , with the Cornell Quarters Project , they will be adding a couple hundred units and they have to pay the same ratio of debt retirement that you and I as a single family property owner would be paying to retire that debt . So that is the reason why the bases is as broad as it is . The same is true of Ithaca College , school district , Tompkins County , etc . Mr . Tomlinson asked , what would be the cost? Supervisor Desch replied , for a single family house on a 100 ' x 150 ' lot it would be one unit of water and one unit of sewer . The water benefit assessment , in other words the charge to retire the debt that. would be incurred , as well as the remaining debt for those improvements throughout the rest of the Town is $ 79 . 00 a year . So your tax bill would show if you have a house on a lot that is that size , would show one unit - $ 79 . 00 a year . Mr . Tomlinson asked , for both? Supervisor. Desch replied , for water . For sewer for that same house , one unit , would be $ 62 . 00 a year . There is no change planned in this proposal in the way of an increase in the sewer benefit . If you had sewer and you lived in the Northeast part of the Town right now your bill shows $ 62 . 00 a year , that won ' t change . If you are in the Northeast and you have water to your house right now the water assessment is $ 64 . 00 a year . The worst case for that property in the Northeast is that that tax bill for the water assessment would show $ 79 . 00 in 1991 , not the $ 64 . 00 . Mr . Tomlinson remarked , that ' s for debt retirement , what about water usage ? Supervisor Desch replied , for water usage an average family , say about three people , it ' s about $ 140 . 00 a year for water and about $ 70 . 00 for sewer . Ralph Bacon , 704 Five Mile Drive stated that he was lucky enough to have an artisian well . Roughly five years ago he came to Town Hall because it was having trouble with his system and we ended up putting a new septic tank in and at that time they told us it was probably 20 to 25 years down the road before it would ever ccme out there . Two years ago he ended up with trouble with their drain field and at that time they were saying 15 to 20 years down the road . So we ended up basically the last four years putting in $ 8 , 000 for improvements with a new septic system and now all of a sudden you are talking about bringing it out . He stated that he did under:3tand that people have to have water and sewer and that was understandable but he just wanted to state for the record that they did improve theirs and they did not have a problem . He stated , you are talking about unit prices and he was not sure where most of the people lived but at least where he did and most of the people on Five Mile Drive have fairly big frontage and they were all going to get stuck with two or three unit charges for one piece of property . He stated that people should think about that , it isn ' t just: $ 79 . 00 . Supervisor Desch replied , if you have a larger parcel with more than 250 ' of frontage , after you consider that 250 ' of frontage it drops off into an acreage calculation so it does drop off Town Board Minutes 20 June 12 , 1989 considerably . But he told Mr . Bacon that he was right , if you have a large parcel you could end up with three or four units . Mr . Bacon asked about the pumping station to be put on Bostwick Road and Five Mile Drive and what is it going to look like ? Mr . Elliott replied , the pumping station will be below grade and basically what you will see is a large manhole cover with a modest sized electrical panel . These pumping stations are normally landscaped and go pretty much unnoticed . Myrtle Whitcomb , 233 Troy Road stated that the members of the South Hill Commnmity Association more than a year ago worked through the falicy of lets increase the tax base because that spreads the cost over a lot of people thereby reducing our taxes . She stated that she would like to support the premises that have been raised already and since it is illegal to assess impact fees she would like to suggest very strongly , and we in the South Hill Association are very interested in the cost of a tank and whether or not that has really been brought about by the increased development within the South Hill area . She stated that she would like to suggest that the Board vigorously approach developers for their voluntary contributions . Supervisor Desch remarked that he would like to have the Town Planner spend a couple of minutes on the question of the impact of the water and sewer on the Inlet Valley area because of the stated concern about the potential for development . He went on to say that he felt it was important for the Board and the public to have a good idea as to the extent of the service area . Town Planner Beeners showed on a map , the areas to be included in the proposed water and sewer extensions . She noted the areas of wetlands and flood plain which were outside of the areas that could be served . There are lands in the Tompkins County Agricultural District which is a system under which farmers can have tax deferments for value which is over what their agricultural products values are . They would face substantial penalties if they developed it , took it out of agricultural use , and developed it . The Planning staff see both the ag district provisions as well as the review process that is commonly used by the Planning Board in reviewing any kind of development as being mitigating measures as far as any inducement of growth on those agricultural lands as well as on scene of the more sensitive areas in the flood plain and wet land areas . Perhaps if you realize some of the projects that have been approved over the last couple of years , within this corridor , there has been very little residential development except for the Jacobs Mobile Home Park . The types of commercial and light industrial uses , such as Finger Lakes Tractor which hasn ' t been built yet , Briar Patch Veterinary School , Anderson Moving those projects have all contained some designed controls related to architecture , site plan which are an attempt to reduce some of the impact of having new development in what has been primarily an agricultural corridor . The Town Planner went on to say that the Board had received the SEQR review, and based on the typical average projection of about 1 . 7% growi:h per year they look at what the future population might be . The system as designed by Stearns & Wheler is essentially based on that same type of thing . There would be a normal growth rate within that corridor and we will see a fairly decent distribution of growth in the different parts of the Town . Having water and sewer here may help to balance out what is perceived by some residents as major growth explosions on one hill or another . Town Board Minutes 21 June 12 , 1989 Sybil Phillips , 721 Elmira Road stated that she was one of the lucky homeowners who has good water and has just repaired their septic system . She asked , this charge of $ 79 . 00 and $ 62 . 00 is an annual charge for how many years ? Supervisor Desch replied , probably for twenty years , if not longer , it depends on other borrowings that would take place in the future . Mrs . Phillips replied , once this goes by her house then she would be sharing in the whole Town ' s increase . Supervisor Desch remarked , the Town does not have a requirement that you connect to the water , however , the assessment does go with the property so the assessment is still there . The sewer is a different issue , there are a number of different policies that we follow but generally speaking if you have just invested in a new septic system the Town would look favorably , probably , on a ten year waiver unless the system failed in the meantime and the County Health Department could require you to hook up . Karl Niklas asked , what are the objectives to pursuing this before the Comprehensive Plan is in ? If certain items of this are being over built or projected for growth and extension of the current lines then it would seem to him some input from the Comprehensive Plan would be useful when it comes to deciding the configuration of this projected extension . Supervisor Desch replied , probably the Comprehensive Plan will not have any :impact on it at all . In other words , the basic sizing of sewer and water mains will be needed almost irrespective of the land use you are going to have in this narrow area . This service area is not all of West Hill or a hugh service so if the Comprehensive Plan shows that a different land use should take place the capacity that you have to build in as a minimum capacity will be there to handle that use as well as the land use that is already there . Mr . Niklas replied , minimum not maximum . Supervisor Desch replied , both , in this case . In other words from a cost standpoint it doesn ' t make any sense to put in anything less than an 8 "' sewer line . It ' s conceivable in the Inlet Valley area that you may end up wanting to increase the pump sometime twenty years down the road . Mr . Nikla:c asked , what about South Hill ? Supervisor Desch replied South Hill , it won ' t make any difference . You have an intrastructure there that not only handles the present situation there but well into the future . The problem there is you have an intermediate district that was formed that was deficient when it was formed so the question you have to answer is do you make that district or improvement today consistent with the level of reliability and quality that you have for the rest of that area or not , and the answer is yes . Mr . Niklas continued saying he had one final comment , Peter Hillman , Myrtle Whitcomb and himself have suggested that the Town continue to pursue some kind of voluntary contribution from developer.; and he felt it would be very instructive to all , before the public hearing was closed , to hear comments and thoughts about what plan the Town might have to try to pursue that . Supervisor Desch replied , the current policy if you look at the new areas to be served is to encourage developers to maximize off site infrastructure and that is what we are able to achieve with Indian Town Board Minutes 22 June 12 , 1989 Creek . In . other words , part of - the improvement that we are looking at on West Hill would not be possible if that development were not planned and at a stage of approval where it is in a situation where the developer is willing to sign on by letter to build this system off site . Now , that ' s a voluntary improvement , in other words for his use he would not have to put in a 12 " water line along Tnumansbw_g Road , he could put in a 6 " . But that really isn ' t , long term , help that area to loop the system and provide more reliability . So that is the current direction that the Town is going and he was sure that this would apply to South Hill . The simple fact is that so much of the need for that tank on South Hill existed irrespective of this growth . We are back to Elliott Lauderdale ' s question of sharing of cost . He asked , how much can you put on the back of the developer who in court will say well you already Leldicated the need was there even before he got there and the need for that level of storage . You simply wouldn ' t go in and take a 5 , 000 gallon storage tank and put a 10 , 000 gallon storage tank in , it wouldn ' t make any sense . So you go in and put the level of storage that matches the grid that you are dealing with and that is what being proposed . If the Auble proposal comes forward we. will have to look at how you beef up that infrastructure within that property . He may need to put a 12 " main in that grid . Salvatore Grippi stated that he owned the property at 1296 and 1298 Tnumansburg Road and he wondered why that area was being passed over in terms of sewer improvement . Supervisor Desch replied that the Town had Mr . Grippi ' s letter requesting that his property be served . The problem is accessibility , there is no way to get to that side of Trumansburg Road . The cost of putting in a sleeves to the property under the road makes it prohibitive . You are talking about a $ 30 , 000 to $ 40 , 000 sleeve for one service . Mr . Grippi. replied , there are other properties around me though . Supervisor Desch replied yes , so it is a question of do you wait until development takes place to pay for those sleeve . In other words , if the Kyong parcel is developed then Mr . Grippi would have access to service . The same is true of the other properties up hill from him . Mr . Grippi replied that the difference was that he had owned the property for twenty years . Developers come along and they get action immediately . Charlotte Bosworth , 255 Troy Road asked if she would get water at her residence as well or is this just for the new development ? Supervisor Desch replied , neither . You are not getting water under this improvement . Mrs . Bosworth asked when she could expect to get water service ? Supervisor Desch replied , development of the area will help because a large part of the cost of the main that would serve her property would be put in by the developers . The Supervisor added that the Board would certainly entertain a petition from the people who live in the areea and have a desire to have water service . Supervisor Desch asked Mrs . Bosworth if she had a problem right now? Mrs . Bosworth replied , yes . Insufficient water . Most everybody in the area have insufficient water . Dan Hoffmann , Common Council member remarked , you show a crossing of the Cayuga Inlet just below the City line . He noted that this Town Board Minutes 23 June 12 , 1989 was a rather pleasant stretch of the creek and wondered what the impact on the creek would be ? Supervisor Desch replied , probably none long term because it will go below -the creek and be encased in concrete and the area will be restored . As no one else present wished to speak , the Supervisor closed the public heziring . Councilwcrian Raffensperger remarked , that she had a question on the South Hill tank . She remarked , on the Environmental Impact Statement ,, part 2A3 recommendation , that she needed an interpretation of that statement . Town Planner Susan Beeners replied , while there is certainly going to be benefit to limiting the pressure pumps there would be a lot of main that would have to be run to reach the tank and not much opportunity to have additional units plugged right into it . Supervisor Desch remarked , another way of saying that is that since the pressure zone is being improved or expanded up hill slightly , that the actual benefit to those property owners who are in that band would improve but it is a very small zone . Councilwoman Raffensperger remarked , now there was an alternative site mentioned , why it that not possible ? Supervisor Desch replied , it is . The tank has to located somewhere along the 120 ' contour and the idea is to match the location of that tank on that line at a point where it will be acceptable visually and result in the least amount of water line construction at the same time . That is why the Town Planner tried to build in here the accomplishment of both of those objectives . Councilwoman Raffensperger replied in other words , when we approve tonight a South Hill tank , the location is not set? Supervisor Desch replied , that is right . Councilwoman Leary asked , if the capacity of the tank is to meet current need and some future need , can you say about how much of it will be current and how much of it will be future ? Supervisor Desch replied , you could defend it either way . You could stage that you could justify all of it based on the current load because there are other tanks in other parts of the Town that have the same cushion of capacity or you could say that there is enough capacity in what you are going to build that will serve the entire small service area in the fully developed state . In other words the Town won ' t have to come back 15 - 20 years from now and put another tank of the same size serving that distribution network right in that area . You can answer it both ways . Councilwoman Leary replied that the reason she was asking was that if at some point we can assess an impact fee from future developers it would be good to establish that so much of the increased capacity is for future anticipated growth . They wouldn ' t want to pay for scmething that ' s just to take care of present needs . Supervisor Desch replied , that ' s the problem in this particular case . If you go back and look at the record on Deerrun there were a lot of discussions about imposing an impact fee but there just simply wasn ' t a clear cut way of doing it because of the extent of development that exists along Coddington Road , etc . So forming the area that you would have to charge for that impact fee becomes a Town Board Minutes 24 June 12 , 1989 very , very tricky job . You really have to do it in an area before any development takes place . How do you make a decision whether it ' s 10 % , 20 % or 30 % ? Councilwcanan Raffensperger stated that she had a question on the SEQR for Inlet Valley , in the recommendation on the last page . She wondered if this didn ' t mean consistent with planning objectives and present zoning? Increased density of development should be encouraged within some area of the Elmira Road corridor because she noted that there was various zonings there that she was not aware that the '.Gown has any particular plans at the moment to change . Town Planner Beeners stated that she had no objectives to it being changed . It should be acknowledged that when there were rezoning done in the Five Mile Drive area in 1986 it was acknowledged that there was a loss of about 70 acres of industrial land and a general consensus at the time that it should be built into the comprehen:Dive planning process a look at where , if there were a need to recoup that industrially zoned land . Councilwoman Raffensperger remarked that it was her recollection that it would not be done until the presently zone industrial lands were filled to capacity . This is a very broad statement and may give the impression that we plan to rezone lands on Elmira Road that are presently zoned Residential and she did not feel this was the intention . Councilman Whitcomb remarked that it was unfortunate that most of these people involved with the Inlet Valley project have gone home because he wondered if they realized just what the social cost of having this water and sewer extended to their area meant . Because as he looked at the Stearns & Wheler report , he saw that the current population in that particular area is approximately 640 people , the future population in the year 2020 , 30 years from now, the projected population has risen from 640 to 3 , 780 . And the saturation density of the area is nearly twice that , nearly 6 , 000 people , nearly ten times the amount of people that are living there today . When people suggest that the increase in the population and the increase in the tax base actually lower the amount of tax that each individual has to pay , this has been proven time and time again to be false . All you have to do is look at the most densely populated area of the county and then look at their tax rate and you will :gee the greater the population , the high the taxes . Supervisor Desch replied , if you took your same analyses and applied it: to Stone Quarry Road it wouldn ' t hold any water . Stone Quarry Road has not changed , for all practical purposes , since 1979 when the water was put in and yet there is a lot of similarity between Inlet Valley and the lack of water and Stone Quarry Road . The fact of the matter is , when you have a critical situation in this kind of a linear service area if you were to wait until it became fully developed you would not be able to afford the improvement or if you were to wait to do it on a district basis with the area itself being required to support the total cost , you simply could never afford to have public water or sewer in those areas , So you have to establish a balance . You can question the validity of the population numbers . Are these population numbers going to be achieved in the year 2020 . Obviously we don ' t know . It ' s not likely but you have to have a system with the capacity . There is no guarantee . It probably won ' t happen because you have a lot of agricultural land and that land is in production . Councilman. Whitcomb remarked , in the Stone Quarry Road you have some block of undeveloped land held by people who haven ' t chosen to develop it yet . Town Board Minutes 25 June 12 , 1989 Supervisor Desch asked , then do you deny the people who ten years ago where in critical need of water , the water for a ten year period , or fifteen year period until development goes in ? Councilman Whitcanb replied , that he was in sympathy with their need for water but he was worried about the development impact , the population impact . RESOLUTION NO , 138 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby declares a negative determination of environmental significance on the West Hill water- and sewer improvements . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION N0 , 139 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby declares a negative! determination of environmental significance on the South Hill water and sewer improvements . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye: . Nays - none ) , RESOLUTION NO . 140 Motion by Councilman MCPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby declares a negative: determination of environmental significance on the Inlet Valley water and sewer improvements . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Councilman. Whitcomb remarked that it seemed that a great deal of the project is being financed by estimated sewer fund balances , he asked if this was correct? Supervisor Desch replied in the case of the sewer , yes . Councilman Whitcomb replied , and water ? Supervisor Desch replied , water much less so . Councilman. Whitcomb continued , if these projects did not take place would it be reasonable to assume that the benefit assessment would decrease for people who are currently using the water and sewer in the Town? Supervisor Desch replied in the case of sewer , yes . The question relates to the balance in the sewer fund which is $ 950 , 000 estimated at the end of this year which is too large . If this project were not approved the benefit assessment could be decreased rather than left at the $ 62 . 00 per unit . You have to balance the possibility of returning that saving , or that balance , which has Town Board Minutes 26 June 12 , 1989 been paid in the past by benefactors of the sewer system or improving systems in other areas of the Town . So that is the judgement that you have to make . Councilman Whitcomb continued , the current residents who have sewer and water have not only paid water and sewer benefits for their own construction now they are being asked to do the same thing for someone else in the Town , is that correct ? Supervisor Desch replied other needy areas of the Town , that is correct . Councilman Whitcomb asked if this practice had always been that way? Supervisor Desch replied , right . Since 1972 when the districts were consolidated . Prior to 1972 there was a requirement to form a district in the area where you were extending the lines , on a separate district basis . He went on to say that the reason he said no in the case of the water was because the margin of water fund would not safely permit a change . Councilman Whitcarb remarked , some of the debt service is projected to be paid for by new construction . For example , in 1990 you are adding 200 units at $ 62000 ? Supervisor- Desch replied , let ' s start with 1990 , the 490 new units constructed in 1989 . Those are new units that have been in the process of construction but it also includes the new services that we are just completing , i . e . , the East Shore Drive sewer , Cornell Quarters and the tally of building permits that have been issued during that period of time . Councilman Whitccmb asked , where do we get into pure conjecture - 1991 ? Supervisor Desch replied , 1991 where you add 200 units of additional. growth , that ' s conjecture . In 1991 you also add 400 units which are the existing units served by this project . Then in 1992 you project an additional 200 units that ' s about the rate that the connections and additions have been taking place . That ' s a pretty conservative number that you are adding each year . RESOLUTION NO . 141 RESOLUTION ESTABLISHING IMPROVEMENT A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVE MT 1989 IN AND FOR THE TOWN OF ITHACA SYSTEM BENEFITED AREA - 1989 IN THE aNN 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 the Town Hall , in Ithaca , New York , in said City of Ithaca on June 12 , 1989 , at 5 : 30 P . M . , Prevailing Time . PRESENT : Councilman Bartholf Councilman Klein Councilwoman Leary Town Board Minutes 27 June 12 , 1989 Councilman McPeak Councilwoman Raffensperger Councilman Whitcomb Supervisor Desch The following resolution was offered by Councilman McPeak who moved its adoption , seconded by Councilman Bartholf 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 - 1989 and the providing of a Town of Ithaca Water System Improvement - 1989 , thereof , consisting of (a ) construction and installation of improvements to the Town water distribution system to provide public water service for the Inlet Valley area including the construction and installation of 2500 feet of 12-inch water main from the Elm Street water tank south to Coy Glen Road , 800 feet of 12-inch water main on Coy Glen Road to Route 13A , 2700 feet of 12-inch water main on Route 13A from Coy Glen Road to Buttermilk Falls Road , 2500 feet of 12-inch water main from Route 13A along Buttermilk: Falls Road to Elmira Road , the 12-inch water main extends 2700 feet on Elmira Road where it is connected to an existing City of Ithaca 12-inch water main . Improvements to the water distribution system for Inlet Valley also includes 2400 feet of 8-inch water main along Bostwick Road between Route 13A and Seven Mile Drive , 5400 feet of 8-inch water main along Seven Mile Drive betlaeen Bostwick Road and Route 13 , 1400 feet of 10-inch water main on Route 13A frcn Buttermilk Falls Road to a private drive sensing Parcel No . 33-3-2 . 2 , 1800 feet of 10-inch water main along the private drive on easement from Route 13A and Route 13 , 3000 feet of 10-inch water main along Route 13 from the private drive serving Parcel No . 33-3-2 . 2 to Seven Mile Drive , 2000 feet of 8-inch wager main on Route 13 between Seven Mile Drive and Enfield Falls Road , the 8-inch water main extends 2500 feet southwest on Enfield Falls Road from the intersection of Route 13 and 1200 feet southeast on Route 13 from the intersection of Enfield Falls Road and Route 13 . Construction includes water services to developed properties within public right of ways for the areas described above , (b) construction and installation of improvements to the Town water distribution system for the West Hill area includes the construction and installation of 1200 feet of 12-inch water main from Hayts Road along Trumansburg Road to Dubois Road to connect to a 12-inch water main installed by a private developer , (c ) construction and installation of improvements to the Town water distribution system for the South Hill area includes construction and installation of a 0 . 15 million gallon tank near the intersection of Troy Road and East King Road , including 2000 feet of 8-inch water main from the tank to the Troy Road Pumping Station and 1600 feet of 8-inch water main from the pumping station to the intersection of Troy Road and East King Road , and (d) construction and installation of metering pit on existing Town watermains on Taughannock Boulevard at the Town/City of Ithaca line . WHEREAS , said plan , report and map have been prepared by Howard B . LaFever , 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 May 8 , 1989 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 - 1989 and the construction of the water improvements for said Improvement Area as Town Board Minutes 28 June 12 , 1989 described above , such public hearing to b held on June 12 , 1989 , at 7 : 00 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 thereof 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 Benefited Area - 1989 and the construction of the aforesaid water improvements therefor , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins 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 water improvement and to establish the aforesaid Town of Ithaca Water System Benefited Area - 19890 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 improv( meats to the Town water distribution system to provide public water service for the Inlet Valley area including the construction and installation of 2500 feet of 12-inch water main from the Elm Street water tank south to Coy Glen Road , 800 feet of 12-inch eater main on Coy Glen Road to Route 13A , 2700 feet of 12-inch water main on Route 13A from Coy Glen Road to Buttermilk Falls Road , 2500 feet of 12-inch water main from Route 13A along Buttermilk. Falls Road to Elmira Road , the 12-inch water main extends 1700 feet on Elmira Road where it is connected to an existing City of Ithaca 12-inch water main . Improvements to the water distribution system for Inlet Valley also includes 2400 feet of 8-inch water main along Bostwick Road between Route 13A and Seven MilE! Drive , 5400 feet of 8-inch water main along Seven Mile Drive between Bostwick Road and Route 13 , 1400 feet of 10-inch water main on Route 13A from Buttermilk Falls Road to a private drive serving Parcel No . 33-3-2 . 2 , 1800 feet of 10-inch water main along the private drive on easement from Route 13A and Route 13 , 3000 feet of 10-1nch water main along Route 13 from the private drive serving Parcel No . 33- 3-2 . 2 to Seven Mile Drive , 2000 feet of 8-inch water main on Route 13 between Seven Mile Drive and Enfield Falls Road , the 8-inch water main extends 2500 feet southwest on Enfield Falls Road from the intersection of Route 13 and 1200 feet southeast on Route 13 from the intersection of Enfield Falls Road and Route 13 . Construction includes water services to developed properties within public right of ways for the areas described above , (b) construction and installation of improvements to the Town water distribution system for the West Hill area includes the construction and installation of 1200 feet of 12-inch water main from Hayts Road along Trumansburg Road to Dubois Road to connect to a 12-inch water main installed by a private developer , ( c ) construction and installation of improvements to the Town water distribution system for the South Hill area includes construction and installation. of a 0 . 15 million gallon tank near the intersection of Troy Road and East King Road , including 2000 feet of 8-inch water main from the tank to the Troy Road Pumping Station and 1600 feet of 8-inch water main from the pumping station to the intersection of Troy Road and East King Road , and (d ) construction Town Board Minutes 29 June 12 , 1989 and installation of metering pit on existing Town water mains on Taughannock Boulevard at the Town/City of Ithaca line . Section 2' . The cost of said water improvement shall be borne entirely by the property in the Town of Ithaca Water System Benefited Area - 1989 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 and 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 1, It is hereby determined that the estimated expense of the aforesaid water improvement exceed one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside the Villages , and , therefore , in accordance with the provision, 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 roll call , which resulted as follows . Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Nay Supervisor Desch Voting Aye This resolution was thereupon declared duly adopted . Councilwoman Leary remarked , since this would involve such a large surplus , following what Councilman Whitcomb was saying , is there a way to establish separate districts so that people aren ' t being hit twice to pay for this ? Supervisor Desch replied , they are not being hit twice . Whoever gets benefit will be hit once for whatever debt is incurred for which ever improvement . Councilwoman Leary replied , but the surplus is being taken from the people who were previously served , right ? Supervisor Desch replied , the surplus is taken from the entire Town benefited area primarily from those who have had sewer mains accessible to their property . Developed property and undeveloped property . Tax exempt and taxable property . So basically you are taking the service area -that existed and using the same service area but taking on additional debt to improve the quality of life Town Board Minutes 30 June 12 , 1989 for part of the Town . The real questions is , have we looked at the needs at the right priorities , in other wards are there areas other than Inlet Valley that need sewer on a much more critical basis than Inlet Valley and that is what the studys have shown no , Inlet Valley is the critical area . CouncibTan Whitcomb remarked that he did not question the need for the existing residents in that area to have sewer and water and he was in s;mipathy with people who need water . He has needed it himself in the past , however , he did not think the Town ' s method of financing was fair to the existing residents of the entire Town and he would prefer that some way be found to finance it through developer impact fees or some other method rather than adding it to the backs of the people who are already paying more than adequate taxes . Supervisor Desch replied , that is certainly understandable but the problem is that whatever rate of development takes place whether it ' s 1 % a year or 2 % a year , you are never going to get to the point where you have enough base to make it affordable to extend sewer to this area by itself because the need for sewer in this area is critical and it is going to become more critical . So the cost is going to continue to go up so actually instead of saving money on behalf of the benefitted area of the Town , which is the entire Tbwn , it is going to be costing all of us that much more , the prices are not going to go down and the area served is not going have less of a problem in the future . Councilwomen Raffensperger remarked , we used to have a different system . She went on to say that she has lived here long enough to have lived. through it , and the system was then if you wanted water and sewer in your area you paid for it all . If you wanted it on Pine Tree Road or Inlet Valley they figured out how much it would cost per household and you paid it . At the time water was extended to South Hill because they needed it , the cost escalated so severely because of the rock that was encountered there that the entire Town including the area in which she lived , which had paid off it ' s water debt and had almost paid off it ' s sewer debt said okay , we are a whole Town and we all benefit from water and sewer and decent. conditions in the whole Town so we said okay we will Join everybody else , we will forget that we paid for ours and we go into one big water and sewer district in which we act as a whole Town and pay for the needs of whatever area there is in the Town that needs it . It used to be that we did it little piece by little piece and you either could afford it as an individual homeowner or neighborhood or you couldn ' t until we went to the system of saying this was for the whole Town and the whole Town benefits . RESOLUTION N0 . 142 RESOLUTION ESTABLISHING IMPROVEMENT A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVMM 1989 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA - 1989 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 the Town Hall , 126 East Seneca Street , Ithaca , New York , in said City of Ithaca on June 12 , 1989 , at 5 : 30 o ' clock , P . M . , Prevailing Time . Town Board Minutes 31 June 12 , 1989 PRESl1'I' : Councilman Bartholf Councilman Klein Councilwoman Leary Councilman McPeak Councilwoman Raffensperger Councilman Whitcomb Supervisor Desch The following resolution was offered by Councilwoman Raffensperger who moved its adoption , seconded by Councilman Bartholf 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 - 1989 and the providing for a Town of Ithaca Sewer System Improvement - 1989 therefor , consisting of ( a ) construction and installation of improvements to the Town sanitary sewer collection facilities to provide public sewer service for the Inlet Valley area includes construction and installation of 2600 feet of 8-inch sanitary sewer from the intersection of Enfield Falls Road and Route 13 up Enfield Falls Road , 2220 feet of 8-inch sanitary sewer along Route 13 from Enfield Falls Road to Seven Mile Drive , 5550 feet of 8-inch sanitary sewer along Seven Mile Drive from Bostwick Road to Route 131F 2500 feet of 8-inch sanitary sewer along Bostwick Road from Seven Mile Drive to Route 13A , 2000 feet of 8-inch sanitary sewer from Coy Glen Road to Bostwick Road along Route 13A , 1800 feet of 8-inch sanitary sewer from a low point in Route 13 , 400 feet north of Seven Mile Drive , to a high point approximately 1800 feet north on Route 13 , 4500 feet of 10-inch sanitary sewer from the high point 1800 feet north of Seven Mile Drive down Route 13 to the private drive serving Parcel Number 33-3- 2 . 2 , along the private drive and down Route 13A to Bostwick Road . Improvements to the sanitary sewer collection facilities for the Inlet Valley area include construction and installation of a sewage pumping station on Route 13 approximately 400 feet north of Seven Mile Drive with 1800 feet of 4-inch force main extending north on Route 13 from the pumping station , and a second pumping station located at the corner of Bostwick Road and Route 13A with 2000 feet of 6-inch force main extending from the pumping station to the corner of Coy Glen Road where it ties into the City of Ithaca ' s sewer system . Sanitary sewer collection facilities include connections for lateral sewer services to developed properties within public right of ways in areas described above , ( b) construction and installation of improvements to the Town sanitary sewer collection facilities for the West Hill area including the construction and installation of 1800 feet of 8-inch sanitary sewer along Trumansburg Road from Woolf Lan(: to the Ithaca town line , and ( c ) construction and installation of a metering pit on Town sanitary sewer mains on Taughannock Boulevard at the Town/City of Ithaca line and install an automatic flushing unit in the last manhole (No . 36 ) on the existing Town of Ithaca sanitary sewer . WHEREAS , said plan , report and map have been prepared by Howard B . LaFever , 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 May 8 , 1989 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 - 1989 and the construction of the sewer improvements for said Improvement Area as described above , such public hearing to be held on June 12 , 1989 , at 7 : 30 P . M . , Prevailing Time , at 126 East Seneca Street , in Town Board Minutes 32 June 12 , 1989 Ithaca , New York , in said City of Ithaca , at which time and place all persons interested in the subject thereof 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 Sewer System Benefited Area - 1989 and the construction of the aforesaid sewer improvements therefor , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins 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 - 1989 . 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 improvements to the Town sanitary sewer collection facilities to provide public sewer service for the Inlet Valley area includes construction and installation of 2600 feet of 8-inch sanitary sewer from the intersection of Enfield Falls Road and Route 13 up Enfield Falls Road , 2220 feet of 8-inch sanitary sewer along Route 13 from Enfield Falls Road to Seven Mile Drive , 550 feet of 8-inch sanitary sewer along Seven Mile Drive from Bostwick Road to Route 13 , 2500 feet of 8--inch sanitary sewer along Bostwick Road from Seven Mile Drive to :Route 13A , 2000 feet of 8-inch sanitary sewer from Coy Glen Road to Bostwick Road along Route 13A , 1800 feet of 8-inch sanitary sewer from a low point in Route 13 , 400 feet north of Seven Mile Drive , to a high point approximately 1800 feet north on Route 13 , 4500 feet of 10-inch sanitary sewer from the high point 1800 feet north of Seven Mile Drive down Route 13 to the private drive serving Parcel Number 33-3-2 . 2 , along the private drive and down Route 13A to Bostwick Road . Improvements to the sanitary sewer collection facilities for the Inlet Valley area include construction and installation of a sewage pumping station on Route 13 approximately 400 feet north of Seven Mile Drive with 1800 feet of 4-inch force main extending north on Route 13 from the pumping station , and a second pumping station located at the corner of Bostwick Road and Route 13A with 2000 feet of 6-inch force main extending from the pumping station to the corner of Coy Glen Road where it ties into the City of Ithaca ' s sewer system . Sanitary sewer collection facilities include connections for lateral sewer services to developed properties within public right of ways in the areas described in , (b) construction and installation of improvements to the Town sanitary sewer collection facilities for the West Hill area including the construction and installation of 1800 feet of 8-inch sanitary sewer along Trumansburg Road from Woolf Lane to the Ithaca town line , and ( c ) construction and installation of a metering pit on Town sanitary sewer mains on Taughannoc:k Boulevard at the Town/City of Ithaca line and install an automatic flushing unit in the last manhole (No . 36 ) on the existing Town of Ithaca sanitary sewer . Section 2 .. The cost of said sewer improvement shall be borne entirely by the property in the Town of Ithaca Sewer System Benefited Area - 1989 consisting of the entire Town of Ithaca excluding the Village of Cayuga Heights and such costs shall be Town Board Minutes 33 June 12 , 1989 assessed , levied and collected from the several lots or parcels of land within such benefited area in just proportion to the amount of benefit w]zich 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 the 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 adopted 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 Councilman Klein Voting Aye Councilwaman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Nay Supervisor Desch Voting Aye This resolution was thereupon declared duly adopted . BIDS ON FUEL PURCHASES FOR HIGHWAY DEPARTMENT RESOLUTION NO . 143 Motion by Councilman Whitcomb ; seconded by Councilman McPeak , WHEREAS , Star Oil was the lowest bidder of the three bids received and met all the conditions of the bid , and WHEREAS , the bid price is approximately $ . 25 per gallon less than current prices for diesel and $ . 06 a gallon less for unleaded gas , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Star Oil bid for diesel at $ . 59 per gallon and $ . 76 for unleaded gas per gallon for the bid period of June 15 , 1989 to June 14 , 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FALL CREEK RECREATIONAL RIVER PROPOSAL A lady in attendance stated that she did not live in the Town of Ithaca but that she and her husband owned 500 ' in Fall Creek and that they supported the Fall Creek Recreational River designation . She went on to say that as far as she was concerned , she was here Town Board Minutes 34 June 12 , 1989 to discuss rape and rape prevention . We are told that it is too late to prevent the rape of Ithaca Falls by hydropower development . We are told that this development would be environmentally sound . Supervisor Desch asked the lady if she owned property in the Town or the City? The lady replied that she owned property in the City of Ithaca . She went on to say that last fall the City of Ithaca gave them it ' s too late :Line and the Fall Creek Conservation Committee proved them wrong by discovering the Recreational Rivers option . Now again we hear it ' s too late , because 401 ' s have already been issued and again the Fall Creek Conservation Committee is saying that there is great hope to prevent this development , if we choose to , with broad based support and she believed them . The proposal they have drafted effects Cornell and property owners in Ithaca and Dryden and she understood that private property owners resistance because who wants interference in their own interests but as a property owner herself she says it is time to acknowledge that there are some things greater than we are and our short terms interests and she felt it was time for local leadership to stand up against rape . Ithaca just celebrated it ' s hundredth anniversary and Fall Creek and Ithaca Falls have been in existence for millions of years and she could not think of a more appropriate river for recreational designation . If it came to it she would collect signatures of how many people each day are fishing and swimming and hiking . She stated that she frankly did not trust her fellow property owners to prevent the rape of Fall Creek as property values rise . She did not trust Cornell to prevent the rape of Fall Creek and after last Falls election she did not trust elected officials to prevent the rape of Fall Creek . She stated that she only trusted the Fall Creek Conservation Committee to prevent the rape of Fall Creek . Louis Pendleton , 316 Forest Hone Drive stated he was an owner of property in Fall Creek . He went to Vietnam and fought for his Country and that he did not want any interference in his backyard . Karl Nikla.s , 1006 Danby Road stated that he had attended a meeting with Shirley Egan who made comments on the consequences of this designation and he felt a couple of points have to be made . One is that the material discharge up stream , whatever it is , even beyond the corridors of this designation would be under control , all activities up stream would be under control by the restrictions placed on the corridor of the river that would be specified as the recreational or scenic region . Another point to raise is that the boundaries of the corridor are solidified only after it is decided that a designation would be given and as a consequence he would like to know what assurance you have before the designation as to where the limitations of that corridor are . The third point , which he felt was rather amusing is that according to EPA standards potable water is considered a contaminate and potable water could not be discharged into the stream . The forth point is that if you like the idea that Beebe Lake is dredged to maintain it as a lake it may be impossible to dredge it and continue the lake topography . It might go to swampy or pasture like area . What the consequences of all of this he was not quite sure but he would like these items to be considered when the Town votes on these issues . Ashley Miller stated that she was a member of the Tompkins County FMC Board ,, Ms . Miller stated that she would like to read the following resolution that the EMC has passed regarding the designation of Fall Creek . "WHEREAS , Fall Creek and its corridor with its invaluable hiking , fishing , :boating and swimming opportunities furnishes a vital Town Board Minutes 35 June 12 , 1989 recreational and scenic resource for the residents of Tompkins County , and WHEREAS , Tompkins County is experiencing rapid and sustained developmeazt result in an irreversible loss of natural areas and open spaces , and WHEREAS , the scenic beauty of the cascades , gorges and glens of Fall Creek are priceless and cherished resources for Tompkins County , and WHEREAS , for water quality and the plant and animal habitat of this threatened area should be protected as a heritage of the enjoyment of the future generations , and WHEREAS , portions of this segment of Fall Creek are on the EMC ' s list of enique natural areas , NOW THEREFORE BE IT RESOLVED , that the eight mile segment of Fall Creek from its mouth at Cayuga Lake through Monkey Run to Route 13 be designated a Recreational River under the Wild Scenic and Recreational Rivers System Act of New York State . " Ms Miller went on to say that this was an issue that goes beyond town , gmn and local municipal politics as well as private developmental rights . She stated that she urged the Town of Ithaca to act in. a positive and cooperative manner in endorsing those sections of Fall Creek that lay between it boarders for a recreational designation . Rob Axtman, stated that he was here representing the Sierra Club , he was chair of the local group . Mr . Axtman went on to say that obviously the last few years growth has been very rapid in the Town of Ithaca and all indications are that that growth is going to continue . He felt it was very important when you have rapid growth to take a step back and look at the character of the community and try and preserve some of the character during the growth . He assumed all enjoyed living in Ithaca as much as he did , or in this area , and many things contribute to that and one is the beautiful surroundings . He stated that he drove around a lot in his car in his work and it was always a pleasure and a great place just to be . Visitors come and always say what a beautiful area and a important part of what makes this area beautiful are creeks , waterfalls and the gorges . To preserve this character , we think that this proposal is a very good one . As a Recreational River , it does not eliminate development but attempts to insure that when development is taking place that the condition of the river and its effect on the river is taken into account . He felt this was just wise and prudent planning for a resource as valuable as our creeks are in this area . There are other ways that we could protect waterways in the Town and he thought the Town was looking into ways of protecting the water ways and he applauded that effort but what is found in larger scale environmental problems is that echo systems and natural systems , such as the creek , rarely corresponds to political boundaries and property lines and when good intentions are taken in one area they are not necessarily passed on to others . This proposal looks at a large section of the creek in totality and protects it in totality . Larger than any of the municipalities that are involved and he felt that this was an important aspect as it gives the opportunity to protect what he thought was a very important resource . Not just part of it but a significant portion of it in -totality as it flows . He and the people of the Sierra Club , whom he represented , strongly support this and urge the Board to support it also . Town Board Minutes 36 June 12 , 1989 Elsie Luccarelli , 316 Forest Home Drive stated that she would like to speak for a neighborhood called Forest Home , through which this creek runs . Ms . Luccarelli went on to say that she grew in this Town on North Albany Street and that she grew up here on the north side in a block that is no longer there as the school system bought it to enlarge the" system but they never did . My house is gone and her past is gone . Now she lives on Forest Home Drive and she hears about this Wild River Recreational area and it sounds wonderful but does it mean that she cannot go sit in her backyard anymore ? Does it mean that other people will be walking through her backyard? She stated that she would like to be assured that she could go and privately sit on the creek bed which is the property line . Some of her neighbors feel that way . We understand that the trailer parks up the road are exempt from this . Let ' s have Forest Hone be exempt from this ,, let ' s have these twelve houses , a neighborhood that has been there forever , for years , family have lived there for years , there are three generations in the house that she is in , why can ' t that be Exempt , why can ' t we keep up our own property and grow flowers and feed the birds and feed the ducks without some help from Albany? Tim Mount , 303 East Upland Road stated that he would like to speak for protecting Fall Creek , and in particular what he thought was a misguided development of Ithaca Falls for a hydro project . He stated that he wanted to discuss what he thought was an important misconception which many people have and that is the value of this site as a hydro plant . When we pay our bills we pay about $ . 10 a kilowatt hour to NYSEG and he felt all people realized that electricity is very expensive . The cost of power generated from Milliken Station , however , is about $ . 02 a kilowatt hour and the difference goes towards covering a lot of other costs , the distribution system , the billing system and paying for our share of Nine Mile Two . So that basically the value of power generated on the NYSEG system is really quite low compared to the prices we pay . The second thing is , there is a misconception because a few years ago the legislature passed a law saying all independent power producers should receive $ . 06 a kilowatt hour for whatever they generated . This was a very well motivated but somewhat misguided policy . It did not recognize that power is really needed down state and not needed upstate and there was no differential as to where power was produced . He went on to say that he thought that finally and most importantly that a power plant on a stream like Fall Creek. really is vulnerable to the weather . Basically it works well but during the times of year when the power is not needed . In the middle of winter when NYSEG has its peak the creek doesn ' t flow . In the middle of the summer , like last summer when it was really hot. and power was needed , the creek doesn ' t flow . It ' s in the spring and in the fall when the creek really roars and it is just at that time when the power is really worth very little . The value of this power , if the hydroplant were developed , is really the value of the fuel it replaces . Bruce Brit:tain stated that he lived in Forest Hone . Mr . Brittain went on to say that he imagined that everyone here does support some sort of preservation of Fall Creek . He felt the purpose of the DEC proposal was fine and it may work in the areas for which it was intended , however , at least in the area , the vicinity of Forest Ham , the creek need maintenance . It ' s not a wild river any more , it ' s domesticated . It ' s in peoples backyards . He stated that as he understood the DEC regulations , it would interfere with their ability to provide the irregular maintenance that they have been doing and. should continue to give the creek . If we want legislation to protect the creek then let ' s draft sane . Let ' s draft legislation which will address our concerns , the concerns of the Town :)f Ithaca not some up State river designation proposal that we have . We have a competent Planning staff , we have a Town Board Minutes 37 June 12 , 1989 Comprehensive Plan Subcommittee , we have the ability to cane up with our - own protection for - the creek that will address our own concerns without stomping on too many toes , let ' s do that instead of buying into scoething that does not fit our needs . Alfrado Rossi stated that he was a citizen of the City of Ithaca . Mr . Rossi stated that he had a letter from David Weinstein who is a citizen of the Town of Dryden , he lives on 51 Freeze Road . He stated that Mr . Weinstein could not make it to the meeting so he was reading the letter in his absence : "Dear Fellow Citizens : I am writing to you in support of the request to the State of New York designate Fall Creek as a State Recreational River under the State Wild Scenic and Recreational Rivers Act . In this time of the rapid growth of the Tompkins County area it is one of the principal duties of: our governmental representatives to insure that the growth proceeds in the best manner possible . We are about to diminish -the quality of life we all in joy instead of to improve it . There would be no point to encouraging it . The major contributors to the quality of life we all enjoy . In this area , and particularly in the Town of Dryden , is easy access to areas and open spaces . As citizens of the Finger Lakes region we are proud of the fact we coexist with the natural world instead of creating a world that has shut out the beauty and tranquility that nature has to offer . However , as you well know the rapid growth of our area is threatening this easy access . It is time to take a hard look at those areas of fastest growth by identifying the areas of open space and to move to preserve those open space areas so that they will remain a resource available to the whole community . Fall Creek is such a resource and without protection it is liable to be converted into a stream flowing through a developed area unable to provide citizens with a peaceful escape now offered . Designation of the creek will take a big step towards protecting it as a community resource . As a landowner with property abutting a sizable stretch of Fall Creek , I realize that this designation would restrict sane of the freedam that we previously have enjoyed . However , as members of our community it is more important to contribute our part to the maintenance of the quality of life to the entire community rather than to selfishly guard our rights . As a professional forest ecologist and as a member of the Tompkins County Environmental Management Council , I have seen a large number of threats being imposed on our natural resources in the area and I am all too aware of how fragile the Fall Creek environment is and how easily development could cause rapid degregration of this environment . Many projects have been initiated in the Fall Creek watershed over the past several years that could have profitably been located elsewhere without endangering the ability of the ccmmmity to enjoy the water force . Even more such projects are in the planning for the near future . The State government has provided us with a tool to use in just such a case to protect a valuable resource . The only sacrifice that is being asked of most landowner; would be to prevent construction that would be visible fron the creek bed and to allow land that is presently forest to remain forest . Since most home construction could be adjusted in keeping with these simple principals it seems a small price to pay to keep the natural character of the area in tact . Would anyone really wart to build a house right on the creek bank if there were a multi story apartment complex staring at them from the opposite bank? Now is the time to move and provide protection . The Tompkins County Environmental Management Council is presently studying the Fall Creek area for continued improvement in its list of unique natural areas of the County . A designation that parts of the water force has already carried . One of the saddest things I Town Board Minutes 38 June 12 , 1989 have encountered in my life is to hear people talk about natural areas they previously frequented but they have not become "messed up " so that no one wants to go there anymore . I hope I never have to hear anyone tell a child about how they used to go over to Fall Creek and, see wild flowers and wild life and hearing the water quietly rush past . As the child looks up and asks , why didn ' t you save this place for me ? Many people think that because Cornell owns a large piece of the area proposed for designation that it is already protected . However , Cornell has it ' s own agenda . Even the best of intentions of institutions and landowners somehow seem to let natural resources slip through their fingers . We can point to countless examples in this community and other , the community must actively identify those resources that are valuable to everyone and must actively move to provide protection . None of us want the government. to tell us what to do but a community resource such as Fall Creek can only be protected if we sacrifice a little now to become heroes for future generation . " Mr . Rossi went on to say that he had a message of his own that he would like to make . He stated that he was moved by what Councilwcnian Raffensperger had to say about thinking about the whole Town and have the whole Town benefit as part of a sewage designation . He thought this follows the same lines basically . The creek is 30 miles long from its head water to Cayuga Lake . We are only asking for protection of 8 miles of it but it does cross many municipalities , and goes through many private property owners lands , also . Rivers conservation is a matter of State concern . Since a river or stream in one region is effected by acts on streams , rivers and wetlands in other regions . The systems effecting rivers over lap many localities . While many local governments individually have enacted or intend to enact ordinances aimed at conservation effective rivers management requires uniformity, in laws to guard against inconstancies and conflicts . One locality along lacks jurisdiction to protect itself from misuse or neglect of an adjacent municipality . The Fall Creek water system iSt an intrical part of an unique scenic wild life recreational open space and natural resources of the entire area through which it flows and it is not only a concern to just one of the three municipalities which are lucky enough to be graced by it . It should be recognized as the irreplaceable resource it is by all three municipalities , City of Ithaca , Town of Ithaca and Town of Dryden and. protected . Paul Booth. stated that he also lived in Forest Home . He went on to say that the Improvement Association of Forest Home passed a resolution last week . He asked to Board to consider , when making their decision , that Fall Creek is already protected on a State wide level_ under Article 15 of the State Conservation Law which current provides a permit system for dredging , bank improvement , that sort of thing . He stated that he personally felt that given between this and the existing Federal Clean Water Act that Fall Creek is :sufficiently protected without adding an additional layer of regulatory process . He asked the Board to not endorse the proposal for that reason . Margaret Fabrizio stated that the first thing she wanted to say was that this is a community project and if we loose Ithaca Falls you also lose Ithaca Falls and if we lose the part of the Fall Creek gorge that. could potentially see university expansion it ' s your loss also . If Monkey Run becomes developed as far to the creek as possible , residents in the Town of Dryden , the Town of Ithaca , the City of Ithaca , Freeville , Spencer , McLean , Newfield , Etna , all of those places , we all lose because this river is part of this community and we all benefit from it . We think we should all be willing to help protect it . Everyone adores , loves , treasurers Fall Creel+: including all the Forest Horne people . They have the Town Board Minutes 39 June 12 , 1989 good fortune to have Fall Creek as their back yard . Individual properties along Forest Home may be secure from development as long as they are in the hands of current owners but others of us who don ' t own property on Fall Creek would like to see that large sections .remain accessible to the public as a recreational resource and that they remain undeveloped . She went on to say that she would like to address a couple of things and remind you of a few things about the regulations . These regulations can be administered locally if the municipality requests it . It ' s not having Albany looking over you shoulder and applying to Albany for a variance or a permit and certainly not to plant flowers in your back yard or to sit on the bank of the river . This doesn ' t allow people to trespass onto your property and use your property as a public park . She stated that she would also like to mention that Marty Luster and the DEC have discussed the final boundary situation and that they seem to think it would be workable to set a final boundary at the time of designation . So in other words , we would do a public hearing , those comments would be incorporated into the final boundary and then that would go to the legislature . There would not be an interim period and people would know before it was voted on what was being voted on . Ms . Fabrizio went on to say that she knew people in Forest Home were very concerned about the traffic problem in Forest Hone and about new road and bridge building in the Forest Hone section of Fall Creel: . She stated that she would like to say that the DEC has addressed this issue and said that these regulations are not so strict that they would stop road building , bridge building or road or bridge expansion in the Forest Hone area on Fall Creek . Also the issue of stream maintenance has come up a number of times and she thought that this was addressed at the last public meeting . She stated that she had walked Mr . Pendleton ' s property and she knew exactly what he is talking about . He has a stone wall and he is concerned about erosion of his property by Fall Creek . He wants to be able to maintain that wall and expand that wall and he has been told by Mr . Hussic that that would not be a problem and if you do maintenance once every year that is considered a continuing use you do don ' t have to do very mach to prove you are maintaining it , obviously . She went on to say that Beebe Lake is not included in the designation area , the north wood land area around Beebe Lake is I ncluded in the proposed boundary and the gorge below Triphammer Falls where there are many rare plants and where there is a potential siting of a new alumni center by the university is included in our proposed boundary . She stated that she knew there are groups in this area who are disappointed that Beebe Lake is not included and they may be very well writing to DEC to suggest the inclusion of Beebe Lake . The boundaries that we have drawn would be determined by public hearing and then set by the Commissioner . All of the land with the exception of the creek bank and where people own property to the middle of the stream all of the rest of the land belong to Cornell University and it is currently designated natural areas land . Fall Creek crosses municipal lines and our thinking needs to cross municipal lines as well and she hoped that the Board would think about the entire Fall Creek community and then you will endorse the designation . Supervisor Desch asked , in that vein can you shed any light on the question that has been bouncing back and forth about whether or not the legislature would even consider a designation for that portion of the proposal only in the City? Ms . Fabrizio replied , we asked that originally and it simply is not what the legislation is intended for . . It ' s really about a broader look at river conservation and frankly , although hydropower was the spark that: ignited this we are equally concerned about the Monkey Run section and the developer pressures we are seeing there . Town Board Minutes 40 June 12 , 1989 Remember this does not stop development , this provides a buffer zone for the creek . It restricts how close you can build to the creek , how high the building can be , it requires screening for buildings . It ' s not a stop everything kind of legislation , it identifies the valuable resource and tries to provide a buffer so that we don ' t loose it . Supervisor Desch asked Attorney Ruswick if he could shed any light on the question ? Attorney Ruswick replied , there is nothing in the law itself that limits aS to certain lengths of rivers . Although it was his understanding that the DEC looks for recreational rivers to protect a large portion of a river not just a short portion . He went on to say that someone raised the question about discharges into the upper river into the corridor . He stated that his understanding is that this designation does not effect discharges directly . That would still continue to be controlled by the Clean Water Act . Discharges are controlled by how the river is designated . The only way this affects it is that once it is designated as a recreational river there direction is to look at that designation to see whether it should be updated to a cleaner river and in that way it might be affected . Up stream from the corridor what could be affected is the flow in that even up river from the corridor could not decrease the flow craning into the corridor . Lisa Blackwell from Cornell University remarked that the Supervisor ' s question of could there only be a special section , a City section , and Ms . Fabrizio ' s response that it was not the intent of the legislation . She stated that she believed that is correct but as she understood it there was no limit on the amount whether it. is long or short as far as the designation goes . It may not be the intent of the legislation . Ms . Fabrizio replied , we originally submitted a draft proposal to the . DEC which was only for the Ithaca Falls area and we were told that it was simply too short a stretch and that that is not in keeping with the legislation and that we had practically no chance at all getting a designation for that amount of water way . Ms . Blackwell remarked , no chance of legislation being passed is different than having that amount ? Ms . Fabrizio replied , it wasn ' t recanmended . Ms . Blackwell continued , saying that she would like to thank the Board for having this public hearing and would like to let the Board know some of Cornell ' s concerns are with the storm drain systems , the water filtration plant , the ability to maintain the water gauging station , the current hydropower plant , the chilled water plant , water for irrigation , drinking water , and development of transportation solutions for the area . One thing you want to keep in mind when you say buffer zones , usually buffer zones mean that you can ' t do anything in that area . This issue sounds like an apple pie and America kind of thing , and it ' s great , no one is saying lets wreck the river . But the problem with it is is that there are things you don ' t realize . There are people who have had these designations in other areas of the state that in their interim boundaries , that these people are now proposing that for example , during the interim time period one Town has been waiting two years „ That ' s a moratorium on building for two years . It ' s things like this that you want to look out for . Supervisor Desch asked the Board what their pleasure was , noting that he felt there was yet a lot of ground to be covered . He Town Board Minutes 41 June 12 , 1989 suggested that perhaps the Board would like to take the material into account and then take it up at the next meeting . Councilwornan Raffensperger remarked that she would like to consider it at another meeting but that in the meantime though , we have all received a lot of letters with a lot of questions that the Board still has ,. She would like some place to address her questions and asked the Town Attorney if the questions could be submitted to his office for interpretation? Councilman McPeak stated that he had a question on recreational rivers . lie asked , Catherine Creek which flows into Seneca Lake is a recreational river , it says so along the shore , this is a public recreational area , etc . , and they have made access point along the creek . The property owners can ' t put up a fence and say you can ' t have access . He asked if this would be the case in Fall Creek? Would there be access places where people could get into the creek without going across private property? Attorney Ruswick replied , it is sort of depends on what DEC envisions this river for , he thought . The regulations call for a management: plan which is supposed to set the guidelines but DBC doesn ' t do that as a matter of course . Could they have access ? The law would allow them to have access but they would have to pay for it because it would be taking the property and it would be eminent dcu ain . Under the law they could do that if so desired . Councilman McPeak remarked that he knew they had done that in other areas . Supervisor Desch remarked , perhaps we could set a deadline for questions to go to the attorney for June 28th? Margaret Fabrizio remarked that the City of Ithaca , several month ago , set up a conference call with DEC and it was a really good way to get a lot of people together to ask a lot of questions . Supervisor Desch remarked that he thought the level of questions were beyond that point . We have all the regulations and all the statements and from that input we are focusing in on a specific area that ' s being talked about here and that is Fall Creek so taking the local land use control we need to focus the questions to our attorney . DESIGN OF THE SOUTH HILL BIKEWAY Assistant Planner George Frantz stated that basically the proposed resolution was in response to many of the concerns raised by the public and individual Board members about the design of the trail , specifically the width and type of paving proposed for the trail . What we are proposing is to have six foot wide cinder path from Hudson Street along the lower railroad grade to a point where the trail will, climb the hill to the upper railroad grade . Then up the hill to the Juniper Drive entrance we are proposing it be paved with oil and stone and eight feet as originally proposed . Our rationale for that is we simply do not believe with the steepness of the trail will not allow us to have a cinder or gravel surface . It just won ' t hold , after every rain storm there is going to have to be maintenance on the trail with danger from accidents . From Juniper Drive westward to Coddington Road we are still recannending the eight feet of oil and stone , simply because we see this as one of the heavier used portions of the trail especially for pedestrian commuters who may use it to go from their homes to get downtown or to the bus stop . We know school children use the path now for safety reasons . Paving it would make more usable in all types of Town Board Minutes 42 June 12 , 1989 weather . Fran the Juniper Drive entrance westward would be six feet of cinder trail . The Cresent Place entrance should be paved at a six foot width as it has an 8 foot grade . The Assistant Planner continued saying they were proposing a fence behind same of the homes on Pennsylvania Avenue in order to keep people on the trail . Also , some concern has been expressed about the use of Renzetti Place for parking for the trail . That has it ' s roots several years ago when the City announced the opening of wild flower preserve and the use of this trail , they also announced parking was available on Renzetti Place . Renzetti Place is actually a private drive it is not a public street . The owners have expressed some fairly deep concerns about people parking on Renzetti Place so we are proposing to identify that as a private drive , no entry . Mrs . Robert Cotts asked the Assistant Planner to review the rules for the use of the trail and how they would be enforced . Assistant Planner Frantz replied , the trail is going to be governed by the Town ' s Bikeway Law, the rules essentially are that it is available for pedestrian use , bicycle use , cross county skiing during normal day light hours which are one half before sunrise to one half hour after sunset . No motorized vehicles are allowed except for maintenance and emergency vehicles . No lottering . Mrs . Cott_; asked if she had to have her dog on a leash? Councilwoman Raffensperger replied , under control . Town Planner Beeners replied that she believed all pets had to be on a leash . Mrs . Cotts, asked how this was going to be enforced ? Assistant Planner Frantz replied , it is enforceable by the Tanpkins County Sheriff ' s Department and of course the Town Parks Department. . Town Planner Beeners added , and of course the Town Zoning Officer can also he called . Mrs . Cott:) remarked , she wondered if she should chain herself to the NYSEG fence as we have had more motorized trail bikes this spring than ever and the fence certainly helps . Assistant Planner Frantz remarked , one design change which he failed to mention was a 12 ' wide gate with a 28 " pass through for the handicapped by the NYSEG fence . There will be no gate at Hudson Street and there will be none at Coddington Road but vehicles will not be able to enter . If when the trail is built and there are major problems these will have to be addressed . Councilwoman Leary asked if it would be necessary to clear 12 ' ? Assistant Planner Frantz replied that they were still looking to clear 10 ' to 12 ' because of visibility so that you don ' t have collisions between bicycles and pedestrians . Personal safety and also when it rains vegetation tends to crowd in . Even though the clearing of the brush and shrubs is going to vary from 10 ' to 12 ' the trail is going to meander , there is not more than 500 ' of straight path at any one point . Councilman Whitcomb asked , which portions of the trail absolutely have to be paved to prevent destruction through erosion ? Town Board Minutes 43 June 12 , 1989 Assistant Planner Frantz replied again , the Crescent Place entrance from the lower road bed up to the upper road bed at Juniper Drive and the Burns Road entrance . Those are the ones where the steep grades are . Councilman Whitcomb noted that the City had passed a resolution requesting the Town to meet jointly with them to discuss their concerns on this . He asked what action , if any , had been taken there ? Supervisor Desch replied that the staff needs to know where the Board stands to do that , both the parts in the City and the Town . If the Town Board where to act on the whole thing in terms of design so that when the staff meets with the City they could come back with small changes . It is not possible for the staff to go any further with the City until they know where the Board stands . If you had a consensus on the design it would be tentative as far as the piece in the City , the staff might be coming back with questions like the entrance . Councilwoman Raffensperger remarked , how about discussing the possibility of the trail having the pavement in those areas as outlined by the Assistant Planner and that the rest of it be 6 ' and cinders with the understanding that with our experience with youth and safety that that may have to be altered in the future sometime . We can say it is going to be 6 ' and cinders and two years from now another .[bwn Board or even the same one can say safety considerations lead us to such and such needs to be done . There is no need trying to fool you that it can ' t be changed some time in the future , it can be . It would have to be evaluated . Councilwoman Leary remarked that Councilwoman Raffensperger said as outlined by the Assistant Planner , are you saying you think the section between Coddinton and Juniper be . . . . . . Councilwoman Raffensperger replied , as she looked at the draft resolutiork it looks to her that if you left section one and added to it the Crescent Place section and the Burns Road section and deleted nLuber two and renumber the two three ' s and went with the rest of it. the Board would have seething to talk about . Councilwceran Leary remarked then it would mean that the trail would be 6 ' instead of a section being 8 ' . Councilwaman Raffensperger replied , except for the connection , whenever it ' s paved it ' s going to have to be 8 ' . RESOLUTION N0 . 144 Motion by Councilwoman Raffensperger ; seconded by Councilwanan Leary , WHEREAS , i:he Town of Ithaca , in its Conprehensive Park and Open Space Plan , has designated a recreation path corridor using abandoned railroad beds throughout the Town , and WHEREAS , the Town of Ithaca has successfully completed the construction of and is now successfully operating such trails on East Hill and the Northeast in the Town of Ithaca , and WHEREAS , the Town of Ithaca , along with the City of Ithaca and the New York State Office of Parks , Recreation , and Historic Preservation , have executed an agreement to provide for a major segment of a trail from Stone Quarry Road to the Inlet Valley with connections to Buttermilk Falls State Park and Allan H . Treman State Marina Park , and Town Board Minutes 44 June 12 , 1989 WHEREAS , the Town of Ithaca has applied for , with City of Ithaca approval , and has been awarded a grant from the New York State Office of Parks , Recreation and Historic Preservation to construct a portion of the Trail from Hudson Street in the City of Ithaca and Burns Road in the Town of Ithaca , and WHEREAS , public discussions on the concept and design were held at regular Town Board meetings on May 9 , 1988 , July 11 , 1988 , February 13 , 1989 , and special informational meetings were held on July 11 , 1984 , March 1 , 1989 and May 23 , 1989 , and WHEREAS , the environmental review of the portion of the project in the Town has been completed and a determination of negative environmental significance has been made , and WHEREAS , the property owners adjoining the Trail , and the neighborhood as a whole , support the construction of the Trail in an environmentally sensitive way , NOW AFORE BE IT RESOLVED , that the design of the Trail is hereby approved , with the following conditions . 1 . The section of the Trail running between the lower and upper former railroad beds , generally from a point identified as Station 43+90 on the final site plan , located approximately 150 feet northwest of the northwest corner of the Sincebaugh property (Town of Ithaca Tax Parcel No . 53 - 1-13 ) , to the intersection of the Trail with the upper railroad bed north of Juniper Drive , shall be eight feet in width and with an oil and stone surface , for purposes of ease of use , construction , and maintenance . 2 . The section of the Trail at the Burns Road entrance , from Burns Road to a point approximately 180 feet west of Burns Road , shall be six feet in width and with an oil and stone surface . 3 . Crescent Place entrance from Crescent Place +/ - 120 feet to its intersection with the main pathway at approximately Station 10+15 shall be eight feet in width and with an oil and stone service . 4 . All remaining sections of the Trail shall be cinder-surfaced and no more than six feet in width . 5 . Vegetation removal shall be kept to the minimum necessary for safe use , construction, and maintenance of the Trail . 60 On-site discussions with adjoining property owners shall be held in response to individual property needs with respect to plantings and fencing . 7 . Existing Town regulations shall apply , including the Town Bikeway Use Law , and shall include the prohibition of motorized vehicles , except for park maintenance and law enforcement vehicles for which access shall be maintained . 8 . The '.Trail shall be closed each year from the first Monday after November 15 through the first Tuesday after December 7 , such time period being Deer Shotgun Hunting Season . 9 . A plan for enforcement of these regulations shall be presented by Town :staff , for approval by the Town Board , prior to the official opening of any portion of the Trail . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Board Minutes 45 June 12 , 1989 SET DATE FOR MEETING ON FIRE SERVICE CONTRIBUTION FROM TAX EM4pr PROPERTIES Supervisor Desch asked if July would be a good month to meet with the Cornell University and Ithaca College ? The Board agreed on Monday , July 17th at 7 : 30 P . M . MAY FINANCIAL REPORT RESOLUTIO]V NO . 145 Motion by Councilwunan Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the May Financial Report as presented . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . BUDGET AM20MENTS RESOLUTION NO . 146 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize:; appropriation of Fund Balance (DB599 ) and an increase in CHIPS expenditures (DB5112 . 454 ) of $ 4 , 439 . 98 to account for the roll over of 1988 CHIPS money , and BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the transfer of $ 2 , 500 from Contingency (B1990 . 4 ) to Zoning Contractual (B8010 . 4 ) for the increased cost of $ 20 /meeting (or a total of $ 95/meeting) to prepare Zoning Board of Appeals meeting minutes , and BE IT FURTHER RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the transfer of $ 3 , 813 from Contingency (B1990 . 4 ) to Copies Lease (B1670 . 210 ) to cover the cost of the copier lease payments riot provided for in the original budget . (Desch , Mc Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER ABANDONMENT OF PORTIONS OF BURNS ROAD RESOLUTION N0 . 147 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on August 7 , 1989 , to consider the abandonment of portions of the old Burns Road . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER REVISIONS TO THE ZONING ORDINANCE CONCERNING OCCUPANCY BY UNRELATED PERSONS Town Board Minutes 46 June 12 , 1989 RESOLUTION NO . 148 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct at public hearing at 8 : 00 P . M . , on July 10 , 1989 , to consider :revisions to the Zoning Ordinance concerning occupancy by unrelated persons . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) , RATIFY APPOINTMENT OF PLANNING/ENGINEERING INTERNS Supervisor- Desch noted two resolutions covering two different persons . RESOLUTION N0 . 149 Motion by Supervisor Desch , seconded by Councilman McPeak , WHEREAS , the Town was unable to recruit a qualified student through the Cornell Job Network to fill the Landscape Architecture/Park Management: Aide position for the summer , and WHEREAS , there remains a need for this type of support to provide schematic plans for several Town parks , to provide field assistance to the Parks /Open Space Manager , to assist the Planning Department with graphics coordination for the Comprehensive Planning Study , and WHEREAS . Misty March holds a BS in Landscaping Architecture from Cornell and has experience and skills to provide the needed support , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoint temporarily for approximately 7 weeks , 40 hours/week: (not to exceed 280 hours ) at a rate of $6 . 00 /hour . The funding to support this position will cone from the Parks Department line item for Seasonal Workers (A7140 . 1 ) and from the Comprehensive Planning Study account (B8020 . 405 ) , 50 % from each source . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION N0 . 150 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the Town of Ithaca Engineering Department has the need for additional, staffing for Sumner 1989 to update the Town AUTOCAD system to the latest technology , to assist in the organization and filing of plans , to assist in surveying for the 1989 Water and Sewer Improvements , to assist in surveying for a number of small design projects , to assist in the inspection and monitoring of water and sewer lines installed by developers , to assist property owners with connections to existing water and sewer mains , and WHEREAS , no available , qualified students were found through the Cornell Tz-adition Program , thus , no matching funds are available , and Town Board Minutes 47 June 12 , 1989 WHEREAS , sufficient funds have been budgeted for two summer positions for approximately nine ( 9 ) weeks at $ 6 . 00 /hour , 40 hours /week , and WHEREAS , a number of available , qualified students have recently become known to us and have been interviewed for the two positions needed. , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify and hereby does ratify the appointment of Andrew Irwin to the position of Engineering Aide at $ 6 . 00 /hour , 40 hours /weeac for approximately nine ( 9 ) weeks , effective June 7 , 1989 , through August 11 , 1989 , and FURTHER BE IT RESOLVED , that the Town Board approves and hereby does approve the appointment of Andrew Bryant to the position of Engineering Aide at $ 6 . 00 /hour , 40 hours/week , for approximately nine ( 9 ) weeks , effective June 13 , 1989 , through August 18 , 1989 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye: . Nays - none ) , APPOINTM T OF COURT CLERK RESOLUTION NO , 151 Motion by Councilman Bartholf ; seconded by Councilwoman Raffensperger , WHEREAS , Judge Wallenbeck has a continuing need for data entry support to update and maintain the Court computer records , and WHEREAS , the person who previously provided this service is no longer available , and WHEREAS , there is an increased amount of complexity of work and the skills of an experienced person are required , and WHEREAS , Mary Ellen Schramm has had considerable relevant experience in her position in the District Attorney ' s Office , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Mary Ellen Schramm on a permanent basis to provide ccuputer support and data entry for Judge Wallenbeck at a rate of $ 7 . 00 /hour beginning June 12 , 1989 , for a maximum of 15 hours/week. . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . COPIER FOR, JUSTICE COURT RESOLUTION NO . 152 Motion by Councilman Bartholf ; seconded by Councilman Klein , WHEREAS , the Town Justice Court will be moving to the Old Court House on or about June 28 , 1989 , and WHEREAS , there is a need for access to a copies to support the Court functions and there is none available in the new location , Town Board Minutes 1 48 June 12 , 1989 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the purchase of a Konica 1290 copies from Eastern Copy Products at a cost not to exceed $ 1 , 000 , and FURTHER BE IT RESOLVED , that the Town Board appropriates a Fund Balance A599 ) and increases (A1110 . 2 ) Justices - Equipment for $ 1 , 000 to . cover the cost of such a copies . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TOWN OF I�MCA WARRANTS RESOLUTION NO . 153 Motion b, Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated June 12 , 1989 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 60 , 252 . 73 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 441904 . 49 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 80 , 015 . 31 HighlAray Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138 , 123 . 29 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41F269 . 02 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 423991 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 154 , 014 . 01 (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye: . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION' N0 . 154 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Bolton Point Warrants dated June 12 , 1989 , in the Operating Budget are hereby approved in the amount of $ 119 , 006 . 03 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE TO PROHIBIT PARKING ON PORTIONS OF BURNS ROAD RESOLUTION N0 . 155 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on August 7 , 1989 to consider amending the Traffic Ordinance to prohibit parking on both sides of Burns Road from NYS Route 79 to the bridge over Six Mile Creek and from the bridge over Six Mile Creek 500 ' West . I Town Board Minutes 49 June 12 , 1989 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SPEED LIMIT REDUCTION - DEERRUN Supervisor Desch noted a request frcn the residents of the Deerrun area for a reduction in the speed limit . RESOLUTION N0 , 156 Motion by Supervisor Desch ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby requests New York State Department of Transportation to set an area speed limit in the Deerrun development at 30 MPH . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EMPLOYMENT STATUS OF ASSISTANT BUILDING INSPECTOR/ ZONING OFFICER RESOLUTION N0 . 157 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the agreement on the employment status of the Assistant Building Inspector/ Zoning Officer . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . APPOINTNMT OF TEMPORARY CLERICAL/SECRETARY SUPPORT RESOLUTION N0 . 158 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the Assistant to the Zoning Officer/Building Inspector will be working only part time through September 1st , and WHEREAS , i:here will be no clerical assistant hired through the Sumner Youth Worker program this year , and WHEREAS , this is a peak workload time for clerical/ secretarial support to the Zoning , Planning and Engineering departments , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the hiring of a temporary clerical/ secretarial person for the summer to supplement the services provided by existing staff . Funding for this position will be 50 % each from ( B8010 . 100 ) Zoning - Personal Services and (B8020 . 100 ) Planning - Personal Services at a rate of $ 9 . 00 /hour ( including hourly wage , employer FICA , Worker ' s Compensation coverage , Unemployment Insurance coverage and bonding) . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WATER REFUNDS Town Board Minutes 50 June 12 , 1989 RESOLUTION N0 . 159 Motion by Councilman Klein ; seconded by Councilman Bartholf , ( 1 ) WHEREAS , a water meter reading error was made at the property at 919 East Shore Drive , NOW THEREFOR BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 135 . 98 for water , $ 13 . 60 water surcharge and $ 14 . 96 penalty , total refund of $ 164 . 54 be made to Nathaniel Knappen , 919 East Shore Drive , Ithaca . Account Number T- 1291 . ( 2 ) WHEREAS , a water meter reading error was made at the property at 605 Winston Court - Laundry , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 96 . 79 for water , $ 9 . 68 water surcharge , $ 60 . 87 sewer and $6 . 77 sewer surcharge , total refund of $ 174911 be made to Rocco Lucente , 103 Salem Drive , Ithaca . Account Number U 3167 . ( 3 ) WHEREAS , many estimated bills were mailed to the property owner at 306 Salem Drive before an actual meter reading was received for the property , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 69 . 84 for water , $ 6 . 99 water surcharge , $40 . 03 sewer and $ 5 . 32 sewer surcharge , total refund of $ 122018 be! made to James Merkle , 419 Van Dorns Road South , Ithaca . Account Number U-3073 . (Desch , Mcpeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . PUBLIC FACILITIES FOR INDIAN CREEK RETIREMENT COMMUNITY Town Planner Beeners stated that the proposed public road would be 3 , 850 feet . The distance to the road reservation that goes to the North would be about 1 , 400 feet so there is about 2 , 450 between that future road way reservation to the North going around the loop . Councilman Raffensperger asked how it was that the Planning Board which she thought never allowed single accesses to developments and didn ' t like cul-de-sacs beyond the requirements of the ordinance , why have they done both in this instance ? Town Planner Beeners replied , having two twelve foot lanes and a fifteen foot median strip between them , that type of design of a separated road met the initial approval of the Engineer , Robert Flumerfelt and the fire department but by the time the new Engineer , Sally Olsen arrived we were still . . . . . . . . . . Supervisor Desch remarked that there was a desire to avoid crossing Indian Creek , therefore , you end up with a relatively long narrow parcel with a future potential of having an exit to the North . Councilman Klein asked , who would take care of the median? _ �ivmwntvvv�rtva�e Town Board Minutes 51 June 12 , 1989 Town Planner Beeners replied , they have proposed a seed mix that does not grow very tall . The Town would be taking this over but it would only require occasional mowing . Supervisor Desch asked if it would be curbed on both sides ? Town Engbrieer Olsen replied the median would be curbed , the outside would be ,shouldered . Town Attorney Barney remarked , the Town will own it . Councilwanan Raffensperger remarked that she thought there was no doubt in the reluctance on the part of the Board and that they are not terribly pleased with the interior plan that has come before the Board because of the long cul-de-sac which she stated made her very uncanfortable when we hassle other developers not to do that . RESOLUTION NO . 160 Motion by Councilman McPeak , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the proposed water and sewer lines , roads yet to be named and the ten acre open space for the Indian Creek Retirement Community . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting AYe . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Town Clerk