HomeMy WebLinkAboutTB Minutes 1994-07-26 @qty OF
TOWN OF ITHACA
zi 4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850
WN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273 - 1704
Special Town Board Meeting
July 26 , 1994
7 : 00 p . m .
AGENDA
1 . Call to Order
2 . Pledge of Allegiance .
3 . 7 : 00 p . m . - PIIBLIC HEARING to consider the plan , report , map ,
and question of creating and providing a Water System
Benefitted Area 1994 , Troy Road .
4 . Consider SEQR related to the Water System Benefitted Area 1994 ,
Troy Road .
5 . Consider adoption of Public Interest Order related to the Water
System Benefitted Area 1994 , Troy Road .
6 . Set PIIBLIC HEARING to consider the plan , report , map , and
question of creating and providing a Water System Benefitted
Area 1994 , Coddington Road .
7 . Consider Agreement for Services , Feasibility Study for Town
Hall .
8 . Consider addition of Tompkins County Solid Waste Fee on the
1995 tax bills .
9 . Consider authorization of legal representation regarding
Ithacare lawsuit .
10 . Consider appointment of Planning Board Member .
11 . Consider approval of method of 1995 salary pool allocation .
12 . Consider acceptance of location for park and recreation
dedication for Woolf Trail Link , Westwood Hills Subdivision .
13 . Consider ADJOURNMENT .
:r
FINAL
TOWN OF ITHACA
AFFIDAVIT OF . POSTING AND PUBLICATION
x
I , Joan Lent Noteboom , being duly sworn , say
that I am the Town. ' Clerk of the Town of % thaca ., Tompkins County , New
York ; that the following notice has been duly posted on the sign board
of the Town Clerk of the Town of Ithaca and that the notice has been
duly published in the local newspaper : ( Ithaca Journal. )
( See Attached )
NOTICE OF PUBLIC IJEARING r Elder Cottages , Local. Law
Ak
Location of sign board used for posting : Town Clerk ' s Office
126 East Seneca Street
- — Trh ^ r•a„ N�� 4R50 -
Date of Posting : June 30 , 1994
Date of Publ .icat'i.on : July 1 , 1994
Tow Clerk ; Town of Ithaca
STATE OF NEW YORK
COUNTY OF TOMPKINS
TO'WN ' OF ITHACA '7 �
Q Sworn to and subscribed before me thiis dLy of
PETTY F. POOLE
NOTARY PUBLIC Mo Ear_ ? ub7. 31
_,<
STATE OF NEW YORK
�
# 4646 427
FINAL
TOWN OF ITHACA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN , that , the Town Board of the Town of
Ithaca will hold a Public Hearing , July 11 , 1994 at 6 : 30 p . m . , 126
East Seneca Street , Ithaca , New York in order to consider a " LOCAL
LAW TO AMEND THE ZONING ORDINANCE TO PERMIT ERECTION OF ELDER
COTTAGES IN RESIDENTIAL DISTRICTS ; and
PLEASE TAKE FURTHER NOTICE , at the aforementioned time and
place all interested citizens will be afforded the opportunity to
voice their approval or opposition of the said Local Law .
Joan Lent Noteboom
Town Clerk
June 29 , 1994
PUBLISH July � , 1994
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TOWN OF ITHACA
CUPY
AFFIDAVIT OF POSTTI4G AND PUBLICATION
I , Joan Lent Noteboom r being duly sworn , say
that I am the Town • Clerk of the Town of Ithaca , . Tompkins County , New
York ; that the following notice has been duly posted on the ' sign board
of the Town Clerk of the Town of Ithaca. and that the notice has been
duly published in the local newspaper : ( Ithaca Journal )
Order of Public Hearing - Troy Road
AL
Location of sign board used for posting . 126 East Seneca St .
Ithaca , NY 14850
Date of Posting : July 12 , 1994
Date of Publica `ion : July 15 , 1994
0", J,
Tow Clerk ; ' Town of lthaca
tATE OF NEW YORE
NTY OF TOMPKINS ss r TN OF ITHA.CA )
Sworn -`o and. .. subscribed before this day of f
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fti' PUBLIC .
OF NEW YORK
646 427
y Board of the Town of Ithaca, nor more than h,eny days
d Tompkins County, New York before rtes day designated lot
• rotating to the Creation and the hearing as aforesaid, all
construction, pvnuonl to Art;. in accordance with the provi.
cle 12-C of the Town Law of s;ons of Socrion 209q of the
• water system improvements Town Low.
to be known and identilied Section 3. This order shall
os the Town of Ithoco Water take effect immediatelIyy.
Improvement. l 994 -Troy The question of the adopt;on
Road, and heteinaher also of the loregoingg order was
referred to as •improvement• by motion of Ms. Volentibo,
Io provide such water ins seconded by Mr. N;klos duly
• bons, 10 including eon put to o vote on a tol( toll, The Ithaca Journal Friday, y . 5 1994
• slant, Io the present Town which resulted as follows: , JUI 1
water improvement, such Supervisor Whitcomb Voting
. water system improvement to Aye 8 s v
s be constructed and owned bY , Counc;Iperosn Vaiamino Val.
• the Town of Ithaca and Ing Aye
WHEREAS, said plan, report Cov w
ncllPern Harrison Vol.
and map have bean pre• Ing Aye
Pared by Daniel Walker, P.E., Councilperson Niklas Voting
the Town Engineer o comps. Aye
tens engineer duly licensed by Councilperson Conley Voting
the State of New York and Aye
have been filed in the office Councilperson Gr;gorov Vol.
of the Town Clark where they Ing Aye
• ore available for public in The order was thereupon da-
• I Ilion and cloted duly adopted.
WHEREAS, the area of said .Joan Lent Noteboom
I Town determined to be bane•
I fined by said Town of Ithaca July I5 1994 Town Clerk
Water System improvemenl ,
s 1994 shall be known as the
I Town of Ithaca Water Syystem
n
I Bealined Areo• 1994•Troy
I Road and consists of the en•
rife area of said Town except
I ing therefrom the area con• .
• Coined within the Village of
f Coyuga Heights, and
WHEREAS, the propposed r
Town of Ithoco Worer System I
Improvement- 1994 •T toy I
i Road consists of the water I
I improvements sat forth below, .
I and in the areas of the Town
• as set forth below, and as
I more ponicularlr shown and 1
r described In said P. pplan J
s and re�ppoort presently on hlo in
• the Orce of the Town Clerk:
I Construction and instollotion
• of new 80 water main to
provide water service for a ' :
portion of the proppsstrial In ' r
the Ridgecrest Rood•Tto
Road Also running from Rid I
gecrest Road across property r
owned by John and Amy Lirtlo
t to Troy Road and running 1
approximalei 1500 ' feet
If alan8 Troy, Rood, Iogother
with relate focilivas, and
f WHEREAS, the maximum
r proposed to be upended by /
• the Town of Ithaca for the r
aforesaid improvement is r
S 163,375.00. The proposed
I method of linoncing to be
employed by said Town of
P Ithaca consists of expenditure
I of current revenues and mar•
it lus funds from the Town of
Pd «o Water System Benefit•
r led Areo•Troy Road derived
e from revenues assessed 1
r• against the propor6es which !
ore deemed bene6ned by s
wid Improvemanl: and '
s WHEREAS, it Is now desired J
r• to call a public hearing fa
I the purpose of considering 1
said flan, report and mop I
and the establishment of said `
Town of Ithaca Wales System 1
Benefilted Areo• 1994•Tioy I
ORDER FOR PUBLIC Road, and the pprwtding of 1
HEARING - said Town of Ithoco Water 1
IN THE MATTER OF THE System Improvemenl. 1994.
PROVIDING OF A PRO, Troy Road therein, and to
POSED WATER IM , hoot on persons Interested In I
PROVEMENT AND THE the subjoCr thereof, all In «•
ESTABLISHMENT OF A cordons with the prov;slons `
PROPOSED WATER IM. of Sodon 209q of the Town r
PROVEMENT AREA TO BE Law- I
KNOWN AS THE TOWN NOW THEREFORE, ' R IS
OF TTHACA WATER SYS• HEREBY ORDERED, by the
.
TIM BENEFITTED AREA• ' Tawa Board of the Town a1 I
1994-TROY ROAD IN Ilhoco Tompkins Count',
i THE TOWN OF ITHACA, Now York. as folbws: '- -
1 TOMPKINS COUNTY Section 1 . A public hoofing
NEW YORK PURSUANT will be held at 126 East Sen J
s TO ARTICLE 12{ OF THE oca Saoat In said Town on
TOWN LAW, ' • the 26th toy of July, 1094,
N a Regular Meeting of the as 7:00 o'ckxk P. to con-
Town Board of the Town of side the abruald Plan, ro
Ithaca, Tompkins County, port and map and The quer 1
ppt New York held at 126 East lion of creoling said Town of Is
la Seneca flreel, In hhoco, Ithaca Water System Benefit. C '
e, Now York. In mid Town, on led Ateo• 1994-Troy Rood F
se the I l th day of Jvly 1994, at and the providing of sold C
is • 5:30 o'clock PM Standard Toren of Ithaca Water System A
he Time. Improvemenl• 1994 • Iroy P .
In . PRESENT: Supervise ' John Rood therein and to hoot all
fill Whitcomb is Interested In the sub• 11
he Councllperson Colhetlna act thermal and concerning T
sly Volenerso a same and to take such it
of Councliporson Karl Niklas action thereon as Is required 9
"I Counc;lperson Ellen Harrison., by low
he Councllperson Grlgorov, r Section, 2. The Town Clark of If
of Council flails • ; the Town of Ithaca, Tompkins a
MY Edward Conley . . .r Couny, New Yak Is hereby o
ant ABSENT: Covncllpetwn outhorired and directed to gg
David Klein cows a copy of this order to S
fly. WHEREAS, a pion, report . be published once In The is
as and map hot been duty pre. Ithoco Journal and also so w
pared In such monster and In ppoose o copy lbermal on the Pf
U6 such data[( as heretolwo has Teem tl1g wfd maintained P
qu been detrmind by dse Town by the Clotk. rat loss than ten TI
P A
FINAL
ORDER FOR PUBLIC HEARING
IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND
THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE
KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 -
TROY ROAD IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT
TO ARTICLE 12-C OF THE TOWN LAW.
At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New
York, held at 126 East Seneca Street, in Ithaca, New York, in said Town , on the 11th day of
July, 1994, at 5 : 30 o ' clock P.M . Standard Time.
PRESENT: Supervisor John Whitcomb
Councilperson Catherine Valentino
Councilperson Karl Niklas
Councilperson Ellen Harrison
Councilperson Grigorov
Councilperson Edward Conley
ABSENT: Councilperson David Klein
WHEREAS , a plan , report and map has been duly prepared in such manner and in such
detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins
County , New York , relating to the creation and construction , pursuant to Article 12-C of the
Town Law of water system improvements to be known and identified as the Town of Ithaca
Water Improvement - 1994 - Troy Road , and hereinafter also referred to as " improvement" , to
provide such water improvement including extensions , to the present Town water improvement,
such water system improvement to be constructed and owned by the Town of Ithaca, and
WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E. , the
Town Engineer, a competent engineer duly licensed by the State of New York and have been
filed in the office of the Town Clerk where they are available for public inspection , and
WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca
Water system Improvement - 1994 shall be known as the Town of Ithaca Water System
Benefitted Area - 1994 - Troy Road and consists of the entire area of said Town excepting
therefrom the area contained within the Village of Cayuga Heights , and
WHEREAS , the proposed Town of Ithaca Water System Improvement - 1994 - Troy Road
consists of the water improvements set forth below, and in the areas of the Town as set forth
below, and as more particularly shown and described in said map , plan and report presently on
file in the Office of the Town Clerk:
Construction and installation of new 8 " water main to provide water service for a portion
troyrd.ph, wpSlith, July 12, 199410:15am
of the properties in the Ridgecrest Road - Troy Road Area running from Ridgecrest Road across
property owned by John and Amy Little to Troy Road and running approximately 1500 feet along
Troy Road, together with related facilities, and
WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the
aforesaid improvement is $ 163 ,375 .00. The proposed method of financing to be employed by
said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town
of Ithaca Water System Benefitted Area - Troy Road derived from revenues assessed against the
properties which are deemed benefitted by said improvement; and
WHEREAS , it is now desired to call a public hearing for the purpose of considering said
plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area
- 1994 - Troy Road , and the providing of said Town of Ithaca Water System Improvement - 1994
- Troy Road therein , and to hear all persons interested in the subject thereof, all in accordance
with the provisions of Section 209-q of the Town Law ;
NOW , THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of
Ithaca , Tompkins County , New York , as follows :
Section 1 . A public hearing will be held at 126 East Seneca Street, in said Town , on the
26th day of July , 1994 , at 7 : 00 o ' clock P.M . , to consider the aforesaid plan , report and map and
the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Troy Road
and the providing of said Town of Ithaca Water System Improvement - 1994 - Troy Road therein
and to hear all persons interested in the subject thereof and concerning the same and to take such
action thereon as is required by law .
Section 2 . The Town Clerk of the Town of Ithaca, Tompkins County, New York, is
hereby authorized and directed to cause a copy of this order to be published once in The Ithaca
Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk, not less
than ten nor more than twenty days before the day designated for the hearing as aforesaid , all
in accordance with the provisions of Section 209-q of the Town Law.
Section 3 . This order shall take effect immediately.
The question of the adoption of the foregoing order was by motion of Ms. Valentino ,
seconded by Mr. Niklas , duly put to a vote on a roll call , which resulted as follows :
Supervisor Whitcomb Voting Aye
Councilperson Valentino Voting Aye
Councilperson Harrison Voting Aye
2
troytd.ph, wp51 ith, July 12, 1994 10:1 Sam
Councilperson Niklas Voting Aye
Councilperson Conley Voting Aye
Councilperson Grigorov Voting Aye
The order was thereupon declared duly adopted.
3
FINAL
Special Town Board Meeting
July 26 , 1994
7 : 00 p . m .
At a special 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 there were :
PRESENT : John G . Whitcomb , Supervisor ; Catherine Valentino ,
Councilwoman ; David Klein , Councilman ; Carolyn Grigorov ,
Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley ,
Councilman ,
ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent
Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , Town
Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Jonathan
Kanter , Town Planner ; Sally Alario , Assistant Budget Officer ;
Patricia Punger , Personnel Manager .
EXCUSED * Karl Niklas , Councilman ; Andrew Frost , Building / Zoning
Officer ,
Raymond Mayo , Mildred Brammer , Charlotte Bosworth , Edward Bosworth ,
Einar Holm , Jack Little , David Wilson , Laura Marks , James Stubbs .
Call to Order : The Supervisor called the meeting to order at 6 : 58
p . m . and led the assemblage in the Pledge of Allegiance .
Agenda Item No . 3 - PUBLIC HEARING , Water System Benefitted Area
1994 , Troy Road :
The Supervisor opened the Public Hearing at 7 : 00 p . m . The Town
Clerk had proof of posting and publication .
Charlotte Bosworth , 255 Troy Road addressed the Board and asked
that they seriously consider extending the water to Troy Road .
There have been water problems for many years which will probably
not get any better . They cannot fracture their well because it is
only 15 feet from the neighbors and there must be at least 200
yards distance between wells in order to increase the flow .
The flow problem is not crucial when there are no guests in the
home , but when they have guests they run out of water . The
Bosworth residence would be served with the proposed extension .
Councilwoman Harrison asked Mrs . Bosworth if they had used any
conservation measures such as low flowing toilets and shower heads ,
and if they have any means of storing water ?
Mrs . Bosworth said they have a new toilet which uses less water ,
but the super efficient toilets cannot be used because there is not
enough pressure . They do not have any means for storage .
TB Minutes 7 / 26 / 94 2
When they bought the home they were not informed about the water
problem . Unless you told a prospective buyer about the water
problem it could not be sold . The one acre parcel has a septic
system and well .
Einar Holm , 237 , 241 , and 243 Troy Road has two homes and a lot .
Mr . Holm moved there twenty five years ago and has had trouble with
the water during that time . One of the properties had the well
fractured which improved the condition at that house , however the
water is extremely cloudy .
The other properties have always had the problem of enough water .
The rental property consistently runs out of water and cannot have
the convenience of a clothes washer . It has been a very big
challenge to overcome the water problem during the years , an
extension of municipal water would be most welcome .
Councilwoman Harrison asked if there is a storage tank and if
conservation measures have been used at the properties ?
Mr . Holm said there is no storage and conservation measures have
been used since moving there , and still the water runs out . A
storage tank was suggested but it was determined there was no way
to get a large enough storage tank into the house . The houses on
the road are small .
The parcels have a 300 foot depth . One parcel has a 125 foot
frontage , one 175 frontage , and the lot has a 100 foot frontage .
They have wells and septic systems .
Mildred Brammer , 249 Troy Road was told there was approximately one
gallon of water a minute when they moved there . That sounded
reasonable with two people in the house . Shortly after moving in
they kept running out of water . The well was deepened another 150
feet to get more storage in the well , that helped some . A pressure
water tank was used but did not help much . A second well was
drilled in the front yard . There is 100 foot storage in that well
and they still do not have enough water when they have guests .
Laundry is done outside the home and conservation measures are
used .
An 80 gallon pressure tank was put in but a storage tank was not
because when water stands in a storage tank it can get rusty and
have a strange taste .
David Wilson , 232 Troy Road said they did install a 500 gallon
storage tank in their house , they have dug two wells , and vacuum
Pumps were put in to suck the water into the house . None of these
have solved the problem . When bought the house they were assured
there was plenty of water . The previous owners had just installed
a clothes dryer leading them to believe that was true . Within two
weeks the water pump was burned out because the pressure dropped .
TB Minutes 7 / 26 / 94 3
Another well was drilled but it did not help . The previous owners
could not deal with the low quantity and moved away . The problem
is very stressful and can be dealt with when there is only two in
the house . Their children are coming home for a visit this week ,
and they know they will run out of water .
The storage tank is great , but there is no water coming in to
refill and the tank runs dry after three days . They get
approximately 7 gallons per hour from both wells . In the winter
there is water the problem is in the summer . The wells respond
extremely fast to rain which is somewhat worrisome . The water does
have sulphur , but the quality is relatively good because of the
storage tank . The water is not stored very long .
Raymond Mayo land owner Coddington Road said there is a very meager
amount of water on the road . He is concerned there is a lot of
development across the line in the Town of Danby . There have been
two wells drilled in the last two weeks which have produced only a
gallon per minute , it is a possiblity that the water those wells
are producing is actually coming from the other wells on Troy Road ,
The Town has a responsibility to supply water to the properties on
Troy Road as they have on Ridgecrest Road . The people should be
treated fairly and given the same consideration .
The Supervisor closed the Public Hearing at 7 : 16 p . m . and asked the
Town Board to comment .
The Supervisor said the proposed water main stops midway between
parcel number 45 - 2 - 14 . 3 , the last parcel before the Town of Danby
line . If that property was to be served by the extension why
wasn ' t the extension stopped at the property line , or have it
extend it up to the other property ?
Mrs . Walker said that line is the limit as to what could be served
with the pressure zone , and it was looked at to serve the property
across from it . Beyond that point the pressure would be
questionable .
Councilman Klein said to save some money that could be served just
to the property line since any further development of those two
large parcels could be borne by the developer .
Supervisor Whitcomb had spoken with Mrs . Eldridge who lives at the
large parcel who said she has a good well . She would probably not
hook up to the water , but she would not oppose the extension .
Councilwoman Grigorov asked if the assessment charges would be on
the whole parcel if the water line only came to the edge of the
property ?
TB Minutes 7 / 26 / 94 4
Mr . Walker said the assessment formula does not specifically state
whether it is calculated on the frontage with water across it or
the full plot of the lot . The formula needs to be clarified . It
has been interpreted that if water is brought to just a corner of
the parcel it be assessed one unit because they would have the
availability of the water . If the water lines ran all the way
across the property it would be assessed for the full measured
frontage . If the lot were subdivided into several the extension of
the water main would be a cost to the developer .
Councilwoman Harrison said past history has shown requests for
public sewer service after extensions of water service . The lots
along Troy Road are small lots and there may be problems with
finding a second septic system site . If a sewer were to be extended
there in the future where would that be connected to an existing
sewer system ?
Mr . Walker said the sewer system would be connected at the
intersection of Troy and King Roads on the northwest corner . The
estimated cost of $ 265 , 000 for the sewer line would reflect
drilling through rock .
Councilwoman Harrison asked if there were any opposition to the
sewer going to that area ?
Mr . Walker said he has not heard of anyone being opposed to the
sewer , they were opposed to the water extension along Troy Road ,
Mr . Wilson said the only person opposed to the water extension he
was aware of was the owner of a rental property who lives in New
York City and who has not had to deal with the problems on a daily
basis .
Councilwoman Harrison asked if the scenario were played out , would
there be a portion where there was sewer but no water ?
Mr . Walker , yes . The water now goes up Coddington Road and serves
the homes along East King Road to Troy Road bringing the water from
Ridgecrest through the Little property would not put water on the
portion north of the point of intersection . There would be two or
three properties who would not have water from this extension .
Making that final link at some point in the future would make good
sense .
Supervisor Whitcomb said he disagreed with the assessment that
providing water stimulates requests for sewer service . It should
not be implied to anyone that the Town would be extending sewer
service at some point in the future . That is where there was
confusion from the project approved several weeks ago . The people
of West Haven Road had been promised or perceived that sewer
service would be extended to them someday . The history on
Coddington Road shows that water was extended there in the early
TB Minutes 7 / 26 / 94 5
1980 ' s and twelve years later people have requested sewer service .
It is not known whether they would have requested it anyway as
septic tanks began to fail . There is a reluctance to leave
expectations that sewer will be extended .
Councilwoman Harrison said the Town should not be extending this as
a promise , but rather as responsible people looking towards the
future . The Town would not be responsible if the Board did not at
least think that on a one acre lot where there is plentiful water
there may be septic system problems bringing people to petition for
sewer .
Councilwoman Grigorov asked if on a good septic system would it be
likely that increasing the amount of water would make it a problem ?
Mr . Walker said a good septic system in good soils would probably
never have a problem . The soils and ground conditions in this area
are not perfect . Septic systems will tend to fail after a period
of 15 to 20 years of use . Any time the flow of water is increased
the utilization of the septic system occurs . If the septic tanks
are not pumped on a regular basis the nutrients get into the drain
field and plugs the soil causing a failure of the system . More
water would make it more apparent when it does fail .
In the Coddington Road area there were sewer systems which were
marginal for houses 25 to 50 years old , putting more water through
the septic makes it more evident . If you have more water you tend
to use more water . Laundry and dish washing machines are used more
when there is municipal water putting a heavier load on the sewer
system .
Councilman Klein asked if Mr . Walker would explain the rationale
for the route through the Little subdivision and how many parcels
it benefits , and what contribution the Little ' s will be making to
the project .
Mr . Walker said during the subdivision process there were three
lots created from the larger lot along Troy Road . A large parcel
below Ridgecrest Road will be the site of the Little ' s home .
Having municipal water to the three parcels on Troy Road enhances
the value of those lots . The proposed water main is over the top
of a property line and the easement is adjacent to the line . The
larger lot was originally subdivided off the Jones Farm
subdivision . The three Little lots will be fronting on Troy Road .
A fourth lot with water service off of Ridgecrest Road would have
water brought closer to the house .
The owner of this larger parcel responded to the survey that they
were not interested in connecting to the water if it were extended .
They currently have two or three wells on the property . The
benefit assessment would be relatively low because of the front
footage compared to the actual acreage .
TB Minutes 7 / 26 / 94 6
Mr . Kanter said when the development potential analysis was done it
was estimated that up to eight dwellings on that parcel could be
built without any public water and sewer . If the water were
extended then about 13 dwelling units could be created .
Mr . Walker said a written agreement has not be made with the
Little ' s , but a contribution of $ 8 , 000 has been discussed .
Councilwoman Harrison asked what it would cost to drill a well ?
Mr . Walker said $ 2 , 000 up to $ 5 , 000 depending on the depth and
space needed .
Agenda Item No . 4 - SEQR , Water System Benefitted Area 1994 Troy
Road :
Mr . Walker explained Item No . 9 on the SEQR , " will the proposed
action lead to request for sewer " , originally was stated no . It
has been modified to say " yes " , because historically when public
water is extended , within ten years there is a request for sewer .
Councilwoman Harrison said this should be considered as to how it
relates to the Comprehensive Plan and the vision of what the Town
should be in the future . One of the important things to look at is
the impact of water and sewer services . In this case the analysis
by the Planning Department indicated running a water line with
sewer anticipated in the future won ' t have a significant impact on
development in this area . The extension does not seem to be
inconsistent with the Comprehensive Plan . When the Capital
Improvements Plan was considered this water extension was a # 3
priority . It is important to indicate why it is being considered
now when it was low on the list .
Mr . Walker said this is an opportunity based on the Little
subdivision action to receive an easement for the water main and
receive a contribution to the cost . One of the conditions of
granting of the easement is that - the construction of the water main
be completed prior to the construction of the Little home .
Councilman Klein said in the absence of going through the Little
property the line would have to be constructed from Troy Road to
King Road through the road right of way . There is exposed rock in
portions of the ditch . The Little ' s granting this easement would
allow for less construction costs .
Motion made by Councilwoman Valentino , seconded by Councilman
Conley that the Town Board hereby makes a Negative Determination
of Environmental Significance in accordance with the New York State
Environmental Quality Review Act for the proposed Troy Road Water
Extension , and therefore an Environmental Impact Statement will not
be required .
TB Minutes 7 / 26 / 94 7
Supervisor Whitcomb stated he would abstain from any voting related
to this issue as he lives on Troy Road . The property is in close
proximity to the water line extension even though it would not
serve his property . There may be a conflict of interest .
Motion called . All members voted aye , with the exception of
Supervisor Whitcomb who abstained .
Agenda Item No . 5 - Public Interest Order Water System Benefitted
Area 1994 , Troy Road :
Motion made by Councilman Klein , seconded by Councilman Conley
adopting the Public Interest Order related to the Water System
Benefitted Area , 1994 , Troy Road ( see attached ) .
Councilwoman Harrison asked if this project could be paid for with
existing Capital Project Funds ?
Mr . Walker said there are unexpended capital funds from the 1989
water project which can be put back to the General Fund for debt
service freeing other funds to pay for this project .
Councilwoman Harrison asked if there would be a change in the
benefit assessment townwide as a result of this extension ?
Mr . Walker said this project will not change the debt load .
Ms . Alario had given the cost comparisons previously to the Board .
The debt being extended longer due to this project would depend on
whether the benefit assessment funds were put towards this project .
Supervisor Whitcomb said the excess from the 1989 project could
have been used to pay off debt which would have conceivably lowered
the benefit assessment , or more likely it would have been spent on
some other water project .
Councilwoman Harrison asked if higher priority projects were being
analysis due to this project ?
Mr . Walker said this project will not displace any existing
priority projects .
Supervisor Whitcomb asked what the anticipated construction
schedule would be if this project were approved ?
Mr . Walker said the construction documents would be prepared
concurrent with the 30 day referendum requirement . Bids could be
sought after September , a contract for construction could probably
be to the Town Board for approval at the October meeting .
Construction could be completed within two weeks before year end .
TB Minutes 7 / 26 / 94 g
The homeowners are responsible for connection from the property
line to their building . The Town will put services to the front
curb line of the property .
Councilman Klein asked if the map plan could be revised to serve
less of the last parcel ? An agreement with the Little ' s should be
finalized before continuing , the project should not be held hostage
based on that agreement .
Attorney Barney said the project could be scaled back a little and
still meet the legal requirements . The subdivision approval
granted the easement for one year , the easement has not been signed
yet .
Councilman Klein said the Little monetary contribution can be
received at the time of issuance of the building permit , but the
easement should be in place prior to bidding and construction .
Mr . Walker said the easement can be accomplished during the 30 day
referendum period , prior to letting a contract and going on the
land an easement must be in force .
Attorney Barney said the Town Board at any point could rescind the
approval of the project , or decline to let the bid for the
construction . There are mechanisms which will allow a safety net
without the easement having been completed .
Councilwoman Harrison said given the price of drilling a well and
the Little ' s getting adequate water , $ 2 , 000 per lot contribution on
their part seems very small . It should be negotiated further .
Without the extension they would pay for a well to be drilled and
get very little water and have a home that may not be saleable .
Attorney Barney said the Little ' s are also giving an easement over
1500 feet of their property in order to serve others more
effectively .
Councilwoman Grigorov said the Little ' s will also have the cost of
hooking into the water for their own home .
Mr . Walker said to hook up will cost approximately $ 15 . 00 to $ 25 . 00
per foot depending on the length and terrain .
Motion called , roll call vote . All members voted aye , with the
exception of Supervisor Whitcomb abstaining .
Agenda Item No . 6 - Order for Public Hearing , Water System
Benefi. tted Area 1994 Coddington Road :
Supervisor Whitcomb explained there was an error in the public
hearing order for the Coddington Road so the hearing was not able
to be held . Another public hearing must be set .
TB Minutes 7 / 26 / 94 9
Motion made by Councilwoman Harrison , seconded by Councilman Conley
adopting the Order for Public Hearing to consider the question of
creating and providing a Water System Benefitted Area 1994 ,
Coddington Road for August 8 , 1994 at 7 : 00 p . m . Motion carried
unanimously .
Agenda Item No . 7 - Agreement Feasibility Study New Town Hall :
Mr . Walker explained the Post Office property would not enter into
the proposed agreement with Holt Architects because the project
scope discussed would not allow that facility to be adequate .
Holt Architects are capable of providing the services the Town
needs . They were the most qualified of those interviewed by the
Town Engineer , Town Clerk and Councilman Klein .
Holt was asked , based on the scope of the study , to prepare a cost
estimate and agreement . They will provide a facility needs
evaluation of the functions , staffing , and needs for a Town Hall to
operate effectively . The second element will be studying the
OB / GYN building which is for sale and has some possibilities for a
Town Hall . The third element is giving a cost estimate for a new
building on a site yet to be determined .
The first phase of the agreement would provide a building program
telling the size , how it should be laid out to best serve the
functions of the Town , and a cost estimate of building a Town Hall .
The fee proposed in the agreement would be up to $ 11 , 800 . The
second phase would cost an additional amount .
Councilman Klein felt the cost for the first phase was somewhat
high . Holt is very comprehensive in the programming and
evaluation . Holt has considered a great deal of time to interview
staff , examine the present building , and do the functional and
conceptual estimates . It may be wise to ask Holt how they arrived
at the time allotted for each function .
Holt arrived at this price by multiplying different categories of
personnel by the number of hours needed . The breakdown may be
negotiated . Holt did show comprehensive studies they had done for
other agencies which were extremely well done . The interviewing
committee was comfortable with choosing this firm , it depends on
what comprehensive level is needed and wanted .
Councilwoman Harrison asked why there is no similar figure for
evaluation of the specific facility ?
Mr . Walker said the agreement is for completion in phases . Until
the program analysis is done it is not known if the OB / GYN will be
immediately eliminated without even looking at the building .
Councilwoman Harrison felt it may be useful if a cost for
comparisons of existing buildings were provided .
TB Minutes 7 / 26 / 94 10
Councilman Klein said it is possible that early on in the second
phase they would be able to know whether a building is just not
going to fit the Towns needs , or they may identify problems which
would make a building not worth pursuing . For instance , if after
the space evaluation is completed they decided 3 , 000 gross feet
were needed and the OB / GYN building space was known they could
possibly eliminate it immediately ; or while touring the building
they may find building code items that would need variances and the
early evaluation would exclude that site , or they may determine it
had possibilities . There should be some way of finding out how
much phase two and three might cost .
Attorney Barney said he had some questions about the agreement
including the architects being terminable for cause . The agreement
says they can only be terminated if they fail to perform . The
stance with professional relationships should be that if the
relationship does not work out for any reason it could terminated .
Also , the agreement says they would own all the documents they
produce unless there is an indemnity clause . They are afraid they
would do the design concept and some other architect could think
they have done the work and use it , Holt could be subject to a
lawsuit . The Town should own the materials it is paying for .
Supervisor Whitcomb said he would like to be able to reach an
agreement with Holt at the August 8th meeting .
Attorney Barney said he will provide a list of comments about the
legal agreement for Holt to review .
The committee was instructed to meet with the representatives of
Holt and request a breakdown of the hours and services for Phase 1
and submit the concerns of the Attorney to them . The committee
will work on revising the agreement for the August meeting .
Agenda Item No . 8 - Addition Solid Waste Fee to Tax Bills
Mrs . Noteboom reported she had written a letter to the Tompkins
County Solid Waste Committee Chair thanking the committee for
postponing the addition of the fee to the taxes in 1995 and asking
that a committee be formed early in 1995 to review the questions
and concerns attached to the letter .
Supervisor Whitcomb said the County has postponed the addition of
the fee to the tax bill until January 1996 .
Councilwoman Valentino said she liked Mrs . Noteboom , s suggestion of
a joint committee and thanked her for a job well done .
Mrs . Noteboom said she hopes to receive a response to the letter
before the next Board meeting on August 8th .
i
TB Minutes 7 / 26 / 94 11
Agenda Item No . 9 - Legal Representation Ithacare Litigation
Attorney Barney explained the Planning Board has been sued over
their decision that there was no significant environmental impact
with respect to the Ithacare project . Any details should be
discussed in Executive Session . There does need to be
authorization for legal representation as the complaint must be
responded to by August 12th . The cost will be about $ 2500 to $ 3000
for preparation of the initial response . Trial representation
would be a separate charge .
Motion made by Councilwoman Valentino , seconded by Councilwoman
Grigorov that the attorneys for the Town , Barney , Grossman , Roth &
Dubow , be authorized and requested to appear for the Town Planning
Board in the action brought against such Board by Douglas Firth , et
al . challenging the Planning Board ' s decision regarding the
preliminary site plan for Ithacare and to defend the actions of the
said Board in such proceeding and any related appeals and matters .
Carried unanimously .
Agenda Item No . 10 - Appointment Planning Board Member
Councilwoman Harrison said the Interviewing Committee had three
r excellent candidates to interview . It was very difficult to
choose . The committee decided they would recommend George Bayer ,
P . D . Mr . Bayer is retired from Agway and seems to have a very
energetic attitude . He has a reasonable knowledge of water quality
and environmental issues .
Motion made by Councilwoman Harrison , seconded by Councilwoman
Valentino appointing George Bayer , Ph . D , 216 Forest Home Drive to
fill the unexpired term of Virginia Langhans for a term of office
effective immediately upon adoption of this resolution through
December 31 , 1995 . Carried unanimously .
Councilwoman Harrison asked that a letter be sent to the two people
who were not appointed telling them how hard a decision it had
been .
Supervisor Whitcomb said he would write the letter and they would
be considered for any future openings , there is presently an
opening on the ZBA .
Agenda Item No . 11 - 1995 Salary Pool Allocation
Supervisor Whitcomb explained at the last board meeting a decision
was made precluding any type of merit pay increase . The Personnel
Committee again reviewed that and felt an adjustment needed to be
made . The increase would be a 3 % cost of living , plus a bonus for
longevity , and a merit pool . The division of the merit pool is to
be determined later .
s
3
i
TB Minutes 7 / 26 / 94 12
Councilwoman Valentino said the longevity is also about 1 % .
Motion made by Supervisor Whitcomb , seconded by Councilwoman
Harrison approving for 1995 a cost of living increase of 3 % for all
employees , and a merit pool of 1 % to be awarded to employees whose
job performance is deserving merit . This resolution supersedes any
prior resolution adopted on the topic at the Town Board meeting
7 / 11 / 94 . Carried unanimously .
Agenda Item No . 12 - Woolf Trail Link Westwood Hills Subdivision
Mr . Kanter stated on July 5 , the Planning Board approved the four
lot subdivision on lands in the larger Westwood Hills subdivision
zoned R - 15 . Phase I was approved in 1987 and developed with 21
lots .
The 1987 subdivision included a dedication to the Town a portion
for public open space for a small park , and a strip for the future
Woolf Trail . The Open Space plan showed the Woolf Trail linking up
to a larger trail coming through west side . Phase I gave the Town
the first part of the trail .
The recent action by the Planning Board came about because one of
the lot owners needed an addition to their lot for an house
addition . That subdivision gave a this owner a small piece from
the undeveloped portion . The original subdivision had two large
undeveloped pieces intersected by Woolf Lane , the third lot was
used for the house addition , and the fourth lot is the dedication
for the open space park and trail .
The Town Board is being asked to accept the location of the open
space park dedication . It would serve a public purpose by
providing another piece in what could become a trail in that part
of Town .
Councilwoman Harrison asked if the subdivider is being asked to do
any preparation of dedicated space ?
Mr . Kanter said no , it is to reserve the land for future
development of the trail . How that will occur will have to be
determined . The larger parcel is shown as a future park in the
Open Space Plan which has been deeded to the Town . When the
additional phases of the subdivision occur there will more need for
a park in that area .
Motion made by Councilman Conley , seconded by Councilwoman Grigorov
that the Town Board accepts the location of the proposed
aforementioned ( see attached ) park and recreation dedication ,
subject to compliance by the subdivider , with all conditions and
requirements that have been imposed by the Planning Board . Carried
unanimously .
TB Minutes 7 / 26 / 94 13
Agenda Item No . 1 Additional - Shredder Purchase :
Supervisor Whitcomb said the Assistant Budget Officer and the Town
Clerk have requested the purchase of a paper shredder . As part of
the Records Management Program the Town has been disposing of
records according to the standards of the State . Some of these are
copies of confidential , personnel data , financial data including
account numbers and so on . The cost would be about $ 1500 . 00 .
It was discussed several years ago at the Town Board level and the
Board consensus was they did not like the idea because of the
public perception of records being disposed of so the public could
not see them .
Councilman Conley said if records are ready to be disposed off
because of the records management system there should be no
problem .
Ms . Alario set up a list of standards outlining the usage of the
shredder so that not everyone would have access to it . The
shredder would be used by two people while it is operated .
Councilwoman Harrison felt that if someone wished for something to
disappear badly enough there would be other ways for that to
happen .
The Board concluded there would be no problem with the purchase of
a shredder . The purchase will be approved when the purchase is
audited for payment .
Agenda Item No . Additional No 2 - Executive Session
Motion made by Councilwoman Valentino , seconded by Councilwoman
Grigorov to move to executive session to discuss a personnel
matter . Carried unanimously .
The Board moved into executive session at 8 : 43 p . m .
Motion made by Councilwoman Valentino , seconded by Councilman
Conley to resume regular session . Carried unanimously . The Board
resumed regular session at 8 : 53 p . m .
No action was taken as a result of the executive session .
Agenda Item No 13 - Adjournment
As there was no further business to come before the Town Board ,
Councilman Conley made a motion to adjourn . Seconded by Councilman
Klein and carried unanimously .
i
TB Minutes 7 / 26 / 94 14
Respectfully submitted ,
Y SAN C/ r AI �7'4
�DO/h
Joan Lent Noteboom
Town Clerk
* * * Next Regular Meeting - August 8 , 1994 , 5 : 30 p . m .
* * * Public Hearing - August 8 , 1994 , 7 : 00 p . m .
Water Benefitted District 1994 , Coddington Road
\: o Pi CRA
Special Town Board Meeting 7 / 26 / 94
Agenda Item No . 4
SEQR - Troy Road Water Extension
Resolution No . 155
WHEREAS , this action is the consideration of the proposed
extension of the existing water main on Ridge Crest Road east to
Troy Road , to serve properties on both the east and west sides of
Troy Road from # 232 to # 259 , and the proposal includes the
construction of approximately 2900 linear feet of new water main ;
and
WHEREAS , this is an Unlisted Action for which the Town of
Ithaca Town Board has been legislatively determined to act as Lead
Agency in environmental review ; and
WHEREAS , the Town Board , at their July 26 , 1994 special
meeting , has reviewed the proposed water main extension , and Short
Environmental Assessment Forms Part I and II prepared by the
Assistant Town Engineer ; and
WHEREAS , the Assistant Town Engineer has recommended a
Negative Determination of Environmental Significance for the
proposed action ; now therefore be it
RESOLVED , that the Town Board hereby makes a Negative
Determination of Environmental Significance in accordance with the
New York State Environmental Quality Review Act for the proposed
Troy Road Water Extension , and therefore an Environmental Impact
Statement will not be required .
MOVED : Councilwoman Valentino Roll Call Vote
Supervisor Whitcomb Abstain
SECONDED : Councilman Conley Councilwoman Valentino Aye
Councilman Klein Aye
DATED : July 26 , 1994 Councilwoman Grigorov Aye
Councilwoman Harrison Aye
Councilman Conley Aye
Motion Carried
� c
Joan Lent Noteboom , Town Clerk
Order.ph, wpSlith, July 28, 1994 3:23pm
Town Board Meeting , 7 / 26 / 94
Agenda Item No , 5
TROY ROAD - PUBLIC INTEREST ORDER
Resolution No . 156
At a special meeting of the
Town Board of the Town of
Ithaca , Tompkins County , held
at the Town Hall , 126 East
Seneca Street , in the City of
Ithaca , New York , on the 26th
day of July , 1994 , at 7 : 00
o ' clock p . m . prevailing time .
PRESENT :
John Whitcomb , Supervisor
Catherine Valentino , Councilperson
David L . Klein , Councilperson
Edward Conley , Councilperson
Carolyn J . Grigorov , Councilperson
Ellen Z . Harrison , Councilperson
ABSENT :
Karl Niklas , Councilperson
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In the Matter of
the Proposed Water Improvement in the Town of Ithaca ,
Tompkins County , New York , pursuant to Article 12 - C of
the Town Law to be known as the Town of Ithaca Water
System Benefitted Area - 1994 - Troy Road .
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
WHEREAS , a plan , report and map has been duly prepared in such
manner and in such detail as heretofore has been determined by the
Town Board of the Town of Ithaca , Tompkins County , New York ,
relating to the creation and construction , pursuant to Article 12 - C
of the Town Law of water system improvements to be known and
identified as the Town of Ithaca Water Improvement - 1994 , and
hereinafter also referred to as " improvement " , to provide such
water improvement including extensions , to the present Town water
improvement , such water system improvement to be constructed and
owned by the Town of Ithaca , and
9
Troy Road - Public Interest Order
Res . No . 156
Page 2 .
WHEREAS , said plan , report and map have been prepared by
Daniel Walker , P . E . , the Town Engineer , a competent engineer duly
licensed by the State of New York and have been filed in the office
of the Town Clerk where they are available for public inspection ,
and
WHEREAS , the area of said Town determined to be benefitted by
said Town of Ithaca Water System Improvement - 1994 - Troy Road
shall be known as the Town of Ithaca Water System Benefitted Area -
1994 - Troy Road and consists of the entire area of said Town
excepting therefrom the area contained within the Village of Cayuga
Heights , and
WHEREAS , the proposed Town of Ithaca Water System Improvement
1994 - Troy Road consists of the water improvements set forth
below , and in the areas of the Town as set forth below , and as more
particularly shown and described in said map , plan and report
presently on file in the Office of the Town Clerk :
Construction and installation of new 8 " water main to provide
water service for a portion of the properties in the Ridgecrest
Road - Troy Road Area running from Ridgecrest Road across property
owned by John and Amy Little to Troy Road and running approximately
1500 feet along Troy Road , together with related facilities , and
WHEREAS , the maximum proposed to be expended by the Town of
Ithaca for the aforesaid improvement is $ 163 , 375 . 00 ; and
WHEREAS , the proposed method of financing said improvement to
be employed by said Town of Ithaca consists of expenditure of
current revenues and surplus funds from the Town of Ithaca Water
System Benefitted Area - 1994 - Troy Road derived from revenues
assessed against the properties which are deemed benefitted by said
improvement ; and
WHEREAS , said maximum estimated cost is not greater than
1 / 10th of 1 % of the full valuation of taxable real property in the
area of the Town of Ithaca outside of any villages ; and
WHEREAS , it is proposed that the cost of the aforesaid
improvement shall be borne by the real property in said Town of
Ithaca Water System Benefitted Area - 1994 - Troy Road by
assessing , levying upon and collecting from the several lots and
parcels of land within said Benefitted Area , outside of any
village , which the Town Board shall determine and specify to be
especially benefitted by the improvement , an amount sufficient to
pay the costs of such improvement in the year in which constructed ;
and
ti Ck,,.
Westhave.pio, wp5lith, July 28, 1994 3:23pm
Troy Road - Public Interest Order
Res . No , 156
Page 3 .
WHEREAS , the aforesaid improvement has been determined to be
an Unlisted Action pursuant to the regulations of the New York
State Department of Environmental Conservation promulgated pursuant
to the State Environmental Quality Review Act and the laws and
regulations of the Town of Ithaca , the implementation of which as
proposed , the Town Board has determined will not result in any
significant environmental effects ; and
WHEREAS , the Town Board of the Town of Ithaca duly adopted an
order on July 11 , 1994 calling a public hearing upon said plan ,
report and map including an estimate of cost and the question of
providing water improvements to be known as the Town of Ithaca
Water Improvement - 1994 - Troy Road , such public hearing to be
held on the 26th day of July , 1994 , at 7 : 00 o ' clock p . m . ,
Prevailing Time , at the Town Hall , 126 East Seneca Street , in the
City of Ithaca , New York , 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 place and at
the time aforesaid and all persons interested in the subject
thereof were heard concerning the same ; and
WHEREAS , it is now desired to authorize the improvement to be
known as the Town of Ithaca Water Improvement - 1994 - Troy Road ;
NOW , THEREFORE , BE IT
RESOLVED , by the Town Board of the Town of Ithaca , Tompkins
County , New York , as follows :
Section 1 . It is hereby determined that it is in the public
interest to establish said Town of Ithaca Water System
Benefitted Area - 1994 - Troy Road and to make the water
improvement hereinafter described and such water improvement
is hereby authorized . The proposed area hereby determined to
be benefitted by said Town of Ithaca Water Improvement - 1994
Troy Road is all of the Town of Ithaca outside of the
Village of Cayuga Heights .
11
RNAL
Westhampio, wp5lith, July 28, 1994 3:23pm
Troy Road - Public Interest Order
Res . No , 156
Page 4 .
Section 2 . The proposed improvement shall consist of
construction and installation of a new 8 " water main to
provide water service for a portion of the properties in the
Ridgecrest Road - Troy Road Area running from Ridgecrest Road
across property owned by John and Amy Little to Troy Road and
running approximately 1500 feet along Troy Road , together with
related facilities at an initially determined maximum
estimated cost to said benefitted area of $ 163 , 375 . 00 . The
method of financing of said cost shall be by assessments in
the year of construction levied upon and collected from the
several lots and parcels of land deemed benefitted from said
improvement and located in said Town of Ithaca Water System
Benefitted Area - 1994 - Troy Road , so much upon and from each
as shall be in just proportion to the amount of the benefit
which the improvement shall confer upon the same .
Section 3 . It is hereby determined that the estimated expense
of the aforesaid improvement does not exceed 1 / 10th of 1 % of
the full valuation of the taxable real property in the area of
said Town outside of Villages and , therefore , in accordance
with the provisions of subdivision 13 of Section 209 - q of the
Town Law , the permission of the State Comptroller is not
required for such improvement .
Section 4 . Pursuant to subdivision 6 ( d ) of Section 209 - q of
the Town Law , the Town Clerk is hereby directed and ordered to
cause a certified copy of this resolution to be duly recorded
within 10 days of the date of adoption in the Office of the
Clerk of the County of Tompkins , which when so recorded , shall
be presumptive evidence of the regularity of the proceedings
and action taken by the Town Board in relation to the
aforesaid improvement .
Section 5 . It is hereby further determined that all of the
cost of the aforesaid improvement shall be borne wholly by
property within the Town of Ithaca Water System Benefitted
Area - 1994 - Troy Road , being the entire area of the Town
outside of the Village of Cayuga Heights .
Section 6 . This order is adopted subject to permissive
referendum .
12
Westhave.pio, wpSlith, July 29, 1994 9: 11am
Troy Road - Public Interest Order
Res . No . 156
Page 5 .
The question of adoption of the foregoing resolution was , upon
motion made by David L . Klein , and seconded by Edward Conley , duly
put to a vote on a roll call , which resulted as follows :
Supervisor Whitcomb Abstain
Councilperson Valentino Voting Aye
Councilperson Klein Voting Aye
Councilperson Conley Voting Aye
Councilperson Grigorov Voting Aye
Councilperson Harrison Voting Aye
The resolution was thereupon declared duly adopted .
The undersigned , Town Clerk of the Town of Ithaca , does hereby
certify that the foregoing is a true and correct copy of a public
interest order duly adopted by the Town Board of the Town of Ithaca
on July 26 , 1994 .
Joan Noteboom , Town Clerk
13
Town Board Meeting , 7 / 26 / 94
Agenda Item No . 6
ORDER FOR PUBLIC HEARING - Coddington Road
Resolution No . 157
IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND
THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN
AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 ,
CODDINGTON ROAD IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK
PURSUANT TO ARTICLE 12 - C OF THE TOWN LAW .
At a Special Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at 126 East Seneca Street , in
Ithaca , New York , in said Town , on the 26th day of July , 1994 , at
7 : 00 o ' clock P . M . Prevailing Time .
PRESENT : Supervisor John Whitcomb
Councilperson Catherine Valentino
Councilperson Ellen Harrison
Councilperson Grigorov
Councilperson Edward Conley
Councilperson David Klein
ABSENT : Councilperson Karl Niklas
WHEREAS , a plan , report and map has been duly prepared in such
manner and in such detail as heretofore has been determined by the
Town Board of the Town of Ithaca , Tompkins County , New York ,
relating to the creation and construction , pursuant to Article 12 - C
of the Town Law of water system improvements to be known and
identified as the Town of Ithaca Water Improvement - 1994 -
Coddington Road , and hereinafter also referred to as " improvement " ,
to provide such water improvement including extensions , to the
present Town water improvement , such water system improvement to be
constructed and owned by the Town of Ithaca , and
WHEREAS , said plan , report and map have been prepared by
Daniel Walker , P . E . , the Town Engineer , a competent engineer duly
licensed by the State of New York and have been filed in the office
of the Town Clerk where they are available for public inspection ,
and
WHEREAS , the area of said Town determined to be benefitted by
said Town of Ithaca Water system Improvement - 1994 - Coddington
Road shall be known as the Town of Ithaca Water System Benefitted
Area - 1994 - Coddington Road and consists of the entire area of
said Town excepting therefrom the area contained within the Village
of Cayuga Heights , and
WHEREAS , the proposed Town of Ithaca Water System Improvement
- 1994 - Coddington Road consists of the water improvements set
forth below , and in the areas of the Town as set forth below , and
as more particularly shown and described in said map , plan and
report presently on file in the Office of the Town Clerk :
Order.ph, wp5lith, July 28, 1994 3:23pm
AOL Order of Public Hearing - Coddington Road
Res . No . 157
Page 2 .
Construction and installation of new 8 " water main extensions
on Coddington Road , the water main itself to be installed on the
northeast side of Coddington Road running from the present terminus
of the water line on Coddington Road to the Coddington Road
Community Center .
WHEREAS , the maximum proposed to be expended by the Town of
Ithaca for the aforesaid improvement is $ 123 , 750 . 00 . The proposed
method of financing to be employed by said Town of Ithaca consists
of expenditure of current revenues and surplus funds from the Town
of Ithaca Water System Benefitted Area - Coddington Road derived
from revenues assessed against the properties which are deemed
benefitted by said improvement ; and
WHEREAS , it is now desired to call a public hearing for the
purpose of considering said plan , report and map and the
establishment of said Town of Ithaca Water System Benefitted Area -
1994 - Coddington Road , and the providing of said Town of Ithaca
Water System Improvement - 1994 - Coddington Road therein , and to
hear all persons interested in the subject thereof , all in
accordance with the provisions of Section 209 - q of the Town Law ;
NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the
Town of Ithaca , Tompkins County , New York , as follows :
Section 1 . A public hearing will be held at 126 East Seneca
Street , in said Town , on the _8th day of August , 1994 , 7 : 00
o ' clock P . M . , to consider the aforesaid plan , report and map and
the question of creating said Town of Ithaca Water System
Benefitted Area - 1994 - Coddington Road and the providing of said
Town of Ithaca Water System Improvement - 1994 - Coddington Road
therein and to hear all persons interested in the subject thereof
and concerning the same and to take such action thereon as is
required by law .
Section 2 . The Town Clerk of the Town of Ithaca , Tompkins
County , New York , is hereby authorized and directed to cause a copy
of this order to be published once in The Ithaca Journal , and also
to post a copy thereof on the Town signboard maintained by the
Clerk , not less than ten nor more than twenty days before the day
designated for the hearing as aforesaid , all in accordance with the
provisions of Section 209 - q of the Town Law .
7
} i, L s
Order.ph, wp5lith, July 28, 1994 3:23pm
Order for Public Hearing - Coddington Road
Res . No . 157
Page 3 .
Section 3 . This order shall take effect immediately .
The question of the adoption of the foregoing order was upon
motion of Ellen Z . Harrison , seconded by Edward Conley , duly put to
a vote on a roll call , which resulted as follows :
Supervisor Whitcomb Voting Aye
Councilperson Valentino Voting Aye
Councilperson Harrison Voting Aye
Councilperson Conley Voting Aye
Councilperson Grigorov Voting Aye
Councilperson Klein Voting Aye
The order was thereupon declared duly adopted .
The undersigned , Town Clerk of the Town of Ithaca , does hereby
certify that the foregoing is a true and correct copy of an order
for public hearing duly adopted by the Town Board of the Town of
Ithaca on July 26 , 1994 .
Joan Lent Noteboom
8
r
Town Board Meeting 7 / 26 / 94
Agenda Item No , 9
Resolution Authorizing Defense of Town Planning Board In Action
Brought Regarding Ithacare Proposal
Resolution No . 158
WHEREAS , the Town Planning Board rendered a decision regarding
the preliminary site plan for Ithacare , Inc . and in connection with
such determined that the proposal did not involve any significant
adverse environmental consequences ; and
WHEREAS , three of the residents in the area of the Ithacare
project have brought a lawsuit in the form of an Article 78
proceeding contesting the validity of the Town Planning Board ' s
decision ; and
WHEREAS , the petition in said proceeding was scheduled for
argument before the Court on August 12 , 1994 ; and
WHEREAS , the Planning Board needs to have legal representation
in connection with such proceeding ; now therefore be it
RESOLVED , that the attorneys for the Town , Barney , Grossman ,
Roth & Dubow , be authorized and requested to appear for the Town
Planning Board in the action brought against such Board by Douglas
Firth , et al . challenging the Planning Board ' s decision regarding
the preliminary site plan for Ithacare and to defend the actions of
the said Board in such proceeding and any related appeals and
matters .
MOVED : Councilwoman Valentino
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : July 26 , 1994
gd,� Le
Joan Lent Noteboom , Town Clerk
F Fi
l
Special Town Board Meeting 7 / 26 / 94
4p Agenda Item No , 10
Planning Board Member Appointment
Resolution No , 159
WHEREAS , a vacancy exists on the Town of Ithaca Planning Board
due to the resignation of Virginia Langhans ; and
WHEREAS , the Interviewing Committee interviewed three
candidates and recommended that George Bayer , Ph . D . be appointed ;
now therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby appoints
George Bayer , Ph . D . , 216 Forest Home Drive , Ithaca , New York to
fill the unexpired term of Virginia Langhans for a term of office
effective immediately upon adoption of this resolution through
December 31 , 1995 .
MOVED : Councilwoman Harrison
Carried Unanimously
SECONDED : Councilwoman Valentino
DATED : July 26 , 1994
Joan Lent Noteboom , Town Clerk
Ak
Town Board Meeting 7 / 26 / 94
Agenda Item No . 11
Approval Of A Cost Of Living Increase Of 3 %
And Merit Pool Of 1 % For 1995
Resolution No . 160
WHEREAS , the Personnel Committee has reviewed the current
salary pool process and its many inequities and misconceptions and
has determined that a three part method of salary determination is
an improved method that is in line with local and national
municipal trends ; and
WHEREAS , the said Committee recommends approving an annual
cost of living increase as well as merit pay percentage for
employees whose job performance is deserving of merit , in addition
to the previously approved longevity award schedule ; and
WHEREAS , the said Committee recommends any outstanding salary
inequities to be reviewed on an individual basis outside of the
annual salary review process ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby
approve for 1995 a cost of living increase of 3 % for all employees ,
and a merit pool of 1 % to be awarded to employees whose job
performance is deserving merit ; and be it further
RESOLVED , that this resolution supersedes any prior resolution
adopted on the topic at the Town Board meeting of July 11 , 1994 .
MOVED : Supervisor Whitcomb
Carried Unanimously
SECONDED : Councilwoman Harrison
DATED : July 26 , 1994
Joan Lent Noteboom , Town Clerk
1P Town Board Meeting 7 / 26 / 94
Agenda Item No . 12
Acceptance of Location For Park and Recreation Dedication
for Woolf Trail Link , Westwood Hills Subdivision
Resolution No , 161
WHEREAS , the Town of Ithaca Planning Board , on July 5 , 1994 ,
granted Preliminary and Final Subdivision Approval for the proposed
subdivision of Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 , 11 . 765 + / -
acres , into 4 parcels , 0 . 067 + / - acres for the purpose of
consolidation with Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 127
( residential lot owned by Steven and Regina Corey ) , 2 . 97 + / - acres ,
0 . 29 + / - acres to be dedicated to the Town of Ithaca as a park and
recreation dedication , and 8 . 52 + / - acres ( parcel north of Woolf
Lane ) , located on Woolf Lane , Residence District R - 15 , Timothy
Ciaschi , Owner / Applicant ; and
WHEREAS , the subdivider has offered to dedicate to the Town of
Ithaca the 0 . 29 + / - acre parcel , which has a width of 25 feet , as a
park and recreation dedication for the purpose of providing a link
in the Town ' s planned Woolf Trail ; and
WHEREAS , a condition of subdivision approval is that the Town
Board accept the location of the proposed recreation way over the
. 29 + / - acre parcel as shown on the proposed subdivision plat prior
to the Chairperson signing the final plat ; and
WHEREAS , conveyance of the recreation way , if approved by the
Town Board , be completed with marketable title satisfactory to the
Attorney for the Town before any further subdivision of any of the
lots created by this subdivision is considered ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby
accepts the location of the proposed aforementioned park and
recreation dedication , subject to compliance by the subdivider with
all conditions and requirements that have been imposed by the
Planning Board .
MOVED : Councilman Conley
Carried Unanimously
SECONDED : Councilwoman Grigorov
DATED : July 26 , 1994
9:,, J,+ X KIC
CY
Joan Lent Noteboom , Town Clerk
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Joan Lent Noteboom , being duly sworn , say
that I am the Town • Clerk of the Town of Ithaca , . Tompkins County , New
York ; that the following notice has been duly posted on the sign board
of the Town Clerk of the Town of Ithaca and that the notice has b.een
duly published in the local newspaper : ( Ithaca Journal )
See Attached Order for Public Hearing - Coddington Road
Town Clerk ' s Office
. Location of sign board used for posting : 126 East Seneca Street
Ithaca , NY 14850
Date of Posting : July 27 , 1994
Date of Publication : July 29 , 1994
To n Clerk ; Town of Ithaca
STATE OF NEW YORK
COUNTY OF TOMPKINS ss ,
OWN OF ITHACA
i.
Sworn to and subscribed before me this 5;( 7 day of
19 .
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} }� Counci far David Klein r ';':. entlyy. on file Intfhe Office of Areo -'�1,994y-Coddingl6'*
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1SIo1 Cu ' delVlrHEREAS, ,A plansrreport ;oF new ,8", stater mdin eaten Syyflem 'zlmpprovement
Nov ist t a . ,i }tand ,map;hcs been ,duly preIjons cq; Cod .. ;gtorttRoad, y1994 � Coddington�,,tRgad%1
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.oF it i s t t� . po• zsons intelested Iii,the sub�ad ;
l ichhl such :detoil ps heretofore has }Installed on the northeast side
° 3 ,'A % � cri ; i uld beanda rmJned kiy' thaTowq ; of Coddingron Road ,running thereof 'dnd ;concerning lthe 1.°" 1 c . �• Board of the Town o . Ithaca, from ,fhe"present. fermtnub o ,.bane and ro take such &Hor ;
k 'teha ' 'TompPkins Coun , ' New York `the waler;ltno on Coddin§lcn :thereon is Is'required by low: {
j '4 +1 = Ce I alarm ro : the creation ana a Road .`16 the �Coddin ton
> bulk o to { g : 9 , Sectioii :R Me town Clerk
f and � > {" ^d •consrrudion, purbuant I Ash " Road Community Cenier k•k of the Town of lthcw Tomes�
s ,cods � > �r rT rile 12-C.of .I a Towq' law ofr,,WHEREAS; "the, maximurl);,kins Coun New York, � ls`F.
5. F ; � ; Z nd y ores.;sygtemfdm rovemenh ropoaetf to be expended byrhere oorized ;and 'dF }
FIN to Fse =known and ,idehhhed ;the Town of Ilhpca i (or � he ^ �to couse'a.co of this ;
r : cal '. . w l r < r PY
j 'on�- __`L_° ' "� ' `ti 'a} ,as the�Towri of lthac6 ,Water.*, oforesaid Wm'Pf6vemoNh0ils ;ordei robe published once Ina
d '•the d 1,5 Improvement 1994 ,;5123,75000 3The proposed,The Ithdca�Jourh6l,^ and :also '
° INC ddingI Rood�o^d h�ielo,rmethod of 11noncing ' to rb f ro bI-a copy thereof on the
n 6:`{! , tad ►ire l NO 7. T o ,N.f Stay / 1'ol Ina rza so referred)I. as , m employed by said r own, o ,.Town l sl nboard malnroined
re dl .:a °it any l; r > ++iii Provemenl'; ro`provide such :Ithaca to'nsish oF,ezPendllI N",by the ark ' noti less thou ten
It, . July 2 ;`1494 , . ,, lr warer'improvement.lndudin8 of currenlyrevenuei1and sus , or 'more t�ian twenty days'
c `Au�usl 5; 12; 19; 1994 t r' eldensiom, + to sthe z�reient Y lus :furids 'Fram,11%6,16 of• fore the doy designated tor :
„ g.tH�ti Town water.y,impro emenf, ' P}t,oca'�Wah3r System Benefit- the hearing as afotesold, !all.,
It;d `a ti t ri , , ` F� �� y °k`'��<�iuch� woler • system 7, Im �ted foes—Coddington �Rocd sin accord once"with the provi '
} t ' TOWN OF ITHACA ,w` > rovemenl ro be constructed ?derived om ,'"revenues ; ar
Is + e rTown of * esioni .oJSecton 209 of e =
a ORDER , . FOR ' PUBLIC and owned by th bessed `a`gainstthe' pro roe's i +3 . 1 L ,�
9 Pe f Town Law c r 4 v It
HEARING ' 1 � 1 '.'' Ifhaca, and r� d'k" ,� f � '.which"'are 'dearn benefrfted Section 3 !This 'order shop
dIN THE -MATTER +' OF }iTHE jWHEREAS, said plan, report ,j b said improvement, and ` ' foke effect immediate llyy (rr;=,
d PROVIDING ? OF 1'•A " r1RO ;,and = map''° have ♦ been fpreife,1 , EREAS1 it is �now desired The queihon of the' adophon,,
P E i _ bh earin for r
} P O 5 E D ' �'W AT E R rl M • pared by.Daniel Waiker, ,y;fo tollko, ,pu 44 b of ;the :foregoing -orderrwofe
PROVEMENT ' ANU,.THE ES " the Town Engineer'.a comps ,thespurpo,}e +4oFj;consideringtu n motion of Ellen Z Hdr• ;
,j TAB l l S H M E N T'r' O Fx 'A;tent engineer duly �icensed by sold plant♦ aPort 'and rmap rpp ,beconded by Edward ,
PROPOSED f1;WATER ,IM-. the State of New 4Nork and rand the esfa�ilshmant of }aid Corileyf duy putao yore on o,y
as PROVEMENT 'AREA ' TO .BE :-.have been filed Willie office 'Town of,lthacaNJater Systam, iioil call whit , resulted 'os ;
KNOWN 'AS .JHE '..TOWN ;,of the Town Cierk�where mey ;iBeriefitfed - reo—,1994 Follows 4 '' tVW� f .
i BENE IFACANN RE IN 1994{a echo ilaand f pro b 'c �C in ddin�ofRsaidda owri of tSupef isor Ihitcomb4YToting
p p g T Aye ,� , , 3
CODDINGTON ROAD WHEREAS, the area of spid Ithaca t,Wglef 3System Councllperson Volenhno,?VoR ,
9e
THE ' TOWN ' OF:•M THACA `;IN 'determined to'beberiei'improyement. 1�9y94 = fineabye k � s,r ;"� r` i j
TOMPKINS COUMY NEVS ,fitted byy said Tow'n'of Ithaca f Coddiriggron brRoad 7rthereln, Councilperson HaRlsan, ,Vol ,
+'YORK °PURSUANT 4b ARTI '•Watei 5A am Improvement ; and fo . hear cll ' rsons inter
one ClE 12 C 'OF4,THE `,TOWN 11994 .Coddington )Rood 4'ested in'fhe sub adhere cII Councilparwn CortleySYoHng g
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of Town Board of the ToWF ol 'fitted � 'Area ). 9944& TownLaW . 14+ , ' 'ti aingAye " i� r ; SCwt yaE1.
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1ty' New York ;held at ;126 Easthsists of the'an ire or.es of said , HEREBYskORDERED, + by ♦the A e a{?, t i ' �� > °,
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