HomeMy WebLinkAboutTB Minutes 1989-01-09r
TOWN OF ITHACA
REGULAR BOARD MEETING
January 9, 1989
At a Regular Meeting of the Town Board of the Town of Ithaca,
Tcaipkins County, New York, held at the Town Hall, 126 East Seneca
Street, Ithaca, New York, on the 9th day of January, 1989, there
were:
PRESENT: Noel Desch, Supervisor
Hemry McPeak, Councilman
Shirley Raffensperger, Councilwoman
Robert Bartholf, Councilman
Patricia Leary, Councilwatian
David Klein, Councilman
ALSO PRESENT: Robert Flumerfelt, Town Engineer
John Ozolins, Highway Superintendent
John Barney, Town Attorney
Beth A. Valentine, 110 Warren Road
Berry Cook, 110 Warren Road
Gene Ball, 1317 Trumansburg Road
John Whitccmb, 233 Troy Road
Representatives of the Media:
Debbie Munch, WHCUATYXL
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance.
REPORT OF TOWN OFFICIALS
Town Supervisor's Report
Financial Advisor
Supervisor Desch stated that he had submitted an RFP to Fiscal
Advisors, Inc., of Syracuse to begin preparation for the permanent
financing of the 1987 Water/Sewer Inprovements and the remaining
debt on the South Hill Notes. He noted that the Board members had
received copies of the RFP and the proposal. We will need all the
time we can gain between now and the March borrowing to prepare the
Official Statement, etc.
Supervisor Desch noted that the Town had not used Fiscal Advisors
for the previous borrowings but that Mr. John Shehadi had been
working closely with the City of Ithaca on their recent borrxjwings
and we have obseirved the level of professionalism and cost
effectiveness involved. We are looking at a fee in the area of
$6,800. He stated that he, therefore, proposed that we add this
item to the evening's agenda.
Claim
Supervisor Desch stated that the TOwn has received a claim
resulting from an accident on Bums Road in October. This has been
turned over to our attorneys and insurance company.
Town Board Minutes 2 January 9, 1989
Office Space
The Supervisor stated that he had a proposed lease for a new
building being proposed Tim Ciaschi on Meadow/Buffalo Streets
that could be the location for our court. Also, being considered
is seme available space in the Count "C" builddbng. The plan would
be to make the Court Rocm available to the Planning Department so
that a quiet work area could be set up for both Planning and
Engineering. If this gets ccxiplicated it may be desirable to
appoint a small cotmittee to help out. Hopefully for the Febiniary
meeting we will have something.
Town Engineer's Report
Town Engineer Robert Flumerfelt stated that he did not have a
written report tonight as it had only been a week or two since the
last meeting. During the week they have been preparing the East
Shore Drive easement maps and also preparing maps for Conrail for
permit applications for the sewer.
The Town Engineer went on to say that another item in regard to the
sewer study in the Northeast, we rented a flow meter vdiich was
installed in a manhole up there for constant monitoring during the
study. Qi the recatroendation of the consultant, we have kept the
flow meter during the Fall season. The rental costs have reached
an amount where it might be wise now to purchase the flow meter.
50% of the rental cost can be applied toward the purchase price.
We can purchase this meter that we now have, it will be
reconditioned and guaranteed for a year for $850. The Town
Engineer recommended the purchase.
RESOLUTK^ NO. 1
Motion by Councilman McPeak; seconded by Councilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the purchase of the flow meter for $850.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
Highway Superintendent's Report
Highway Superintendent John Ozolins remarked, as far as the Parks
Department is concerned, last month they did seme tree trinming as
well as removal on seme of the trails especially on the Honness
Lane portion of the trail. He went on to say that as far as the
tree, that were removed, even though they were cherry trees they
were either half to three-quarters dead and would not have lasted
much longer so they were removed before they fell down and blocked
the path.
The Highway Superintendent went on to say that Truck #5 had a blown
head gasket and that has been repaired. The Highway Department has
also been trinming trees on Forest Hcme Drive. Four hundred feet
of guard rail has been installed on Bums Road.
Building Inspector/Zoning Officer's Report
Andrew Frost, Building Inspector/Zoning Officer reported that
basically activity was down in terms of construction activity in
1988 from 1987. As far as his annual report was concerned, one of
the things they hoped to accotplish was to get more people to call
Town Board Minutes 3 January 9, 1989
for a sequence of inspections and finally a Certificate of
Carpliance. In terms of one and two-family houses, we are down a
little bit in terms of permits issued for new construction. We had
36 fire safety inspections and 30 reinspections, there were seven
properties that had fire reoccurrences. We are setting up a
schedule of inspections every three years for businesses, multiple
dwellings every three years and places of piA)lic assembly yearly.
Mr. Frost went on to say that the Zoning Board of i^peals held
sixteen meetings, 43 were new cases and 13 were adjourned cases.
Town Planner's Report
Town Planner Susan Beeners noted that the Board had her year end
report. She noted sane corrections to the report vdiich she planned
to send out to each member.
REPORT OF BOARD OF EEPRESENTATIVES
Supervisor Desch noted that there was no one at the meeting tonight
fron the County Board of Representatives.
DECEMBER FINANCIAL REPORT
Supervisor Desch stated that the December Financial Statement was
not ready yet.
ACCEPTANCE OF INVESIMENT REPORT
Supervisor Desch also noted that the Investment Report was not
ready.
BUDGET AMENiayiENTS
RESOLUTIC^ NO. 2
Motion by Councilman McPeak; seconded by Councilwcman
Raff ensperger,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the budget amendment for the 1988 Budget as follows:
i^ropriate $1,557.45 fron DB599 Fund Balance to increase
DB5112.454 CHIPS to account for the roll-over of 1987 monies.
(Desch, JfcPeak, Raff ensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
YEAR-END TRANSFERS
RESOLUTION NO. 3
Motion by Councilman McPeak; seconded by Councilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the following Year-End Transfers:
GtiNERAL TCWNWIDE
Fron: A7320.400 $1,052.98
Town Board Minutes January 9, 1989
TO:
Total
A1410.400
A1440.400
A1670.400
A3310.400
Total
$1,051.98
$ 4.01
14.00
1,006.95
27.02
$1,051.98
GENERAL OUTSIDE VILLAGE
Frcm:
TO:
B1910.400
Total
B1670.400
B7140.200
Total
$1,421.09
$1,421.09
$ 386.09
1,035.00
$1,421.09
CAPITAL PROJECTS
From:
TO:
H599
Total
H1620.200
Total
$3,328.02
$3,328.02
$3,318.02
$3,318.02
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
YEAR-END ENCUMBRANCES
RESOLUTICaj NO. 4
Motion by Councilman McPeak; seconded by Councilman Klein,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the following Year-End Encumbrances:
GENERAL TCWNWIDE
A1330.400
A1410.400
A1440.400
A1670.409
A3310.400
A7140.401
Total
$ 50.00
4.01
14.00
1,006.95
27.02
209.67
$1,311.65
GENERAL OUTSIDE VILLAGE
B1670.409
B7140.202
B7140.402
Total
$ 386.09
1,035.00
380.11
$1,801.20
HIGHWAY
DB5110.451
DB5130.460
Total
$ 45.00
663.71
$ 668.21
Town Board Minutes 5 January 9, 1989
WATER
F8340.410 $ 383.83
F8340.470 406.00
Total $ 789.83
SEWER
G8120.410 $ 298.80
Total $ 298.80
CAPITAL PROJECTS
H8120.202 $ 46.20
H1620.200 6,511.00
Total $6,557.20
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
ENCROACHMENT OF EASEMENT AT 110 WARREN PLACE
Supervisor Desch asked the Town Attorney if he had seen the draft
resolution?
Tcwn Attorney Barney replied that he saw it just a few minutes
before he came to the meeting. He stated there was a deck and part
of a porch that encroaches into the Town's sewer easement.
Tcwn Engineer Flumerfelt stated that it did not appear to him to be
a serious problon because it's at the end of a branch of sewer.
There is little likelihood that it will every have to be dug up or
worked on in the future. The porch on the rear of house number 110
is on columns so it is not as if there was solid foundation wall
there that encroaches on the easement. The house is for sale and
one prospective buyer asked if that could be enclosed underneath
the porch and a foundation to make it a more permanent part of the
structure. That might stretch the encroachment a little bit too
far.
Tcwn Attorney Barney remarked, if it's the Towns decision to not
require the current removal of this porch he felt then that the
paragraph should be broadened to say that it doesn't mean that it
wouldn't carpel removal at scmetime in the future if it becomes
necessary in order to exercise the rights of the Town. Also, he
would like broaden out the second paragraph so that there is a
pretty broad indemnity in case the Town goes in and does anything
and as a result that porch falls down, he wanted to make absolutely
sure that the Tcwn has no liability, that the porch is there at the
owners risk. He suggest, if the policy is acceptable, to have a
resolution authorizing signature but subject to revision.
Carol Bushburg of Coldwell Bankers stated that she was the realtor
vto sold the property. Ms.Bushburg went on to say that they had a
lot of background on the building permit that was reviewed and
approved by this same body between 1980 and 1982. At that time,
with the full knowledge of the nature of the encroachment this
addition was constructed on the back of 110 Warren Road. She felt
that all could understand that assurances that the addition would
not at any point be required to be demolished would be a necessary
part of the deed and transference of this property, at any point.
The permit application included specific mention of the
encroachment v^en the addition was put up. At that time, in spite
Town Board Minutes 6 January 9, 1989
of the fact it encroached, the addition was authorized. She did
not think it was fair for this same body to penalize either the
current owners of this property or any future owners of this
property by putting them at risk of having a significant portion of
the value of that property at risk. She felt that the kind of
document that Mr. Barney is proposing is not going to be
satisfactory.
Town Attorney Barney asked, was there a resolution or any kind of
agreement obtained at the time the structure was placed on the
property?
Ms. Bushburg replied, there was a letter that she had seen that
included a cover letter and permit. The cover letter was drafted
by Mr. Layton \^o owned the property at the time. He had
contracted with a Mr. McElwee v^o was the next door neighbor and
builder of the addition to do the work. There were two variances
that had to be considered before the addition could be constructed,
one was the fact that the addition was certainly going to encroach
seven feet onto the sewage easement and the second was a side yard
deficiency. The variance was granted with full knowledge of that.
Supervisor Desch asked, the Zoning Board of i^peals?
The Building Inspector replied, it did have a building permit, the
building permit was finalized, he was not sure a certificate was
actually issued, but the bxiilding permit does show that the final
inspection was made. It seemed to have all the blessings of the
Town back then.
Town Attorney Barney replied, people construct things at their own
risk, to have a porch they may choose to take the encroachment
recognizing the problem.
Beth Valentine, current owner of the property stated that she had
in her hand a letter that was written by Bill McElwee, the builder
of that rocm v^ich is -btfo rooms and a deck, \^ich is about 30% of
the entire house. The letter fron Mr. McElwee states that he
recalls talking to the Builder Inspector v^o was Lou Cartee about
the depth of the footers due to the fact they would be close to the
sewer manhole. This was all taken into account between the builder
and the Building Inspector at the time the addition was put on.
Councilwcman Raffensperger asked if the Board of Zoning ^^>peals
gave variances for this construction?
Building Inspector Frost replied, yes.
Councilwcman Raffensperger asked if there was any reference to the
sort of elements that are in this agreement?
Mr. Frost replied that he had researched it but could not roneniber
exactly the wording.
Town Attorney Barney asked if there was an agreement at the time
for construction within the easement, if so this agreement may be
moot because presumably that agreement would govern. That's the
issue. Was there an easonent signed by the Town Supervisor or
somebody on behalf of the Town Boaird at that point. It would be
useful to know that before we start: modifying or inplementing an
agreement.
REFUND OF DELIN^^JENT WATER ASSESSMENT
RESOLUTION NO. 5
Town Board Minutes 7 January 9, 1989
Motion by Supervisor Desch; seconded by Councilman McPeak,
WHEREAS, the owner of the property at 1032 1/2 Danby Road has a
delinquent water bill in the amount of $134.84, and
WHEREAS, the delinquent water bill was erroneously put on the tax
warrant for 1032 Danby Road,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $134.84 be made
to Mary Ellen Hav^er of 1032 Danby Road contingent upon the paynent
of the tax warrant by Ms. Hav^er for the above property.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
VOTING DELEGATE AND ALTERNATE DELEGATE FOR ASSOCIATION OF TOWNS
MEETING
RESOLUTION NO. 6
Motion by Supervisor Desch; seconded by Councilwoman Raffensperger,
RESOLVED, that the Town Board of the Town of Ithaca hereby
designates Councilman Robert Bartholf to attend the annual Business
Session of the Association of Towns of the State of New York, to be
held at New York City, on February 22, 1989 and to cast the vote of
the aforesaid Town, pursuant to Section 6 of Article III of the
Constitution and By-Laws of said Association, and
FURTHER BE IT RESOLVED, that in the absence of the person so
designated, Councilvonan Patricia Leary has been designated to cast
the vote of said Town.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
PERSONS TO BE HEARD
No one present wished to speak at this time.
Councilwoman Raffensperger stated that at sometime during the
meeting, at the convenience of the Board, she would like to ask for
an Executive Session.
PROPOSED ROADS AND OTHER PUBLIC FACILITIES, PROPOSED "WINNER'S
CIRCLE" SUBDIVISION, PROPOSED TO BE LOCATED NEAR SLATERVILLE ROAD
AND HOSINESS LANE
Town Planner Susan Beeners stated that the Town Board was being
asked to consider accepting the proposed "Winner's Circle" Road,
proposed water and sewer lines and also proposed 15' wide strip
along "Winner's Circle" and then below it, \diich is proposed to be
reserved for a walkway.
Councilwoman Raffensperger remarked that she and the Tbwn Planner
had discussed this before, v^en it first came up before the
Planning Board, our Subdivision Regulations say that one ought to
have many more feet between intersections on major highways. She
went on to say that her question then becomes, is there no other
access to this parcel that would meet our standards for road
intersections ?
Town Board Minutes 8 January 9, 1989
Town Planner Beeners replied, this is actually a consolidation of
several parcels. With this consolidation, the only other option
would be to demolish the house on the parcel and have the access go
through there.
Councilwonan Raffensperger asked, vdiat is the little access all the
way through the edge of the parcel?
Town Planner Beeners replied, that's a drainage easement.
Councilwcman Raffensperger stated that she had a lot of concerns
about the road intersections proximity to Honness Lane. 212' is
not an awful lot for all of the things you have to watch there. If
there is no other access there may be no other choice.
Town Engineer Flxjmerfelt remarked, one thing that doesn't make it
so bad is that it is a small siabdivision with very little traffic.
Councilwcman Raffensperger remarked that some of mits were
duplexes v^ich was another question, vdiich this Board is not
addressing.
Town Planner Beeners replied, lots 1, 3 and 4 were approved mder
specific conditions such as plans and elevations coming in, were
approved for side by side duplexes. That essentially, aside from
the distance issue along the road, being the thing that threw it
into a cluster subdivision consideration was the request to have
the ability to have side by side.
Councilwcman Raffensperger remarked that after the Board did the
road portion, vdiich is really v^t the Board was supposed to be
doing she would like to make a coannment about side by side duplexes
and cluster.
Councilwcman Raffensperger felt that the Board's reluctance to do
this was obvious and she felt the Board still needed the
clarification frcm the Town Planner that she does not see any other
alternative to providing access to this land except vtot is shown
in this subdivision proposal.
Town Planner Beeners replied, short of the type of a road system
vdiich was considered at one time but v^ch has since really bit the
dust, something that would be very long and would go below, let's
say a continuation of Penny Lane, it was her opinion that there
was, and short of demolishing an existing house, there was no other
sxiitable means of access into this property. She stated that she
would have to rely on the Town Engineer though to substantiate
matters as far as adequate site distance.
Councilwcman Raffensperger remarked, and the reason the Penny Lane
access was not considered?
Town Engineer Fluraerfelt replied that he did not know if they had
considered this or not but it would cross lands owned by others for
one thing, the Sweet land and other. Also, there is quite a drop
off at the end of Penny Lane.
Town Planner Beeners added, you would have to go across tvro to
three property owners in atxDut a 1,000' to get access frcm that
direction. Also, Mr. Sweet has a house that is located in such a
way that this has been a deterrent to having such a road built.
Supervisor Desch remarked, clearly to the west the grade is
prohibitive.
RESOLUTION NO. 7
Town Board Minutes 9 January 9, 1989
Motion by Supervisor Desch; seconded by Councilman McPeak,
WHEREAS:
1. This action is the consideration of acceptance of the proposed
road, proposed public water and sewer mains, and proposed public
open space at "Winner's Circle" Subdivision, proposed to be located
at 1345 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-1-8.
2. The proposed subdivision is an Unlisted Action for v^ch the
Planning Board, acting as Lead Agency for environmental review,
made on January 3, 1989 a negative determination of environmental
significance.
3. The Planning Board on January 3, 1989 granted Preliminary
Subdivision Approval to this subdivision subject to certain
conditions vdiich have been reviewed on January 9, 1989 by the Town
Board.
TEffiREPORE IT IS RESOLVED, that the Town Board of the Town of Ithaca
accept and hereby does accept the location of the proposed road,
public water and sewer mains, and proposed trail right-of-way
subject to the requirements of the Planning Board resolution of
Preliminary Subdivision Approval and to any further requirements of
Final Subdivision Approval.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
Councilwcman Raffensperger stated, that she would like the Town
Attorney, for her information, to examine the question of vhether
or not duplexes, the desire to have side by side duplexes, is a
legitimate reason to classify a proposed subdivision as cluster.
She stated that she had looked through the enabling legislation and
etc., and she stated that she would like to raise this question.
She was not asking for an answer right this minute.
Town Attorney Barney replied that he would be happy to answer right
now. The answer is no, it is not in and of itself a reason to
cluster. He stated that he should put on the record that his
office represents Mr. Paolangeli, although not in conjunction with
anything pertaining to the Town but no, the fact that somebody
wants to have a duplex does not create, in his mind, the need for
cluster. On the other hand, the ordinance seons to create kind of
a sesmi preference for clustering v^ch he was not sure v^ether this
particular subdivision would be an appropriate mechanism.
Councilwcman Raffensperger remarked that it was difficult to see
how, in this particular case it was clear that it was classified as
a cluster in order to permit side by side duplexes. She stated
that this has happened before and she had raised the question
before and she was raising it again because it seemed to her that
it did not meet the kind of intent of the Cluster Regulations in
the idea of the preservation of more open space, actual cluster
configuration. So, quite apart from our dealing with the roads and
she did not get it mixed in there but she was really quite
concerned that the Town continues to do this.
Town Attorney Barney replied, that he thought that part of the
reason the Planning Board went along with the proposal, he felt
also slightly reluctantly, but by doing cluster they do then get
sane voice over other aspects of the subdivision that they might
not otherwise have.
Tofwn Board Minutes 10 January 9, 1989
PROPOSAL FOR PLANNING CONSULTANT
RESOLUTION NO. 8
Motion by Councilman Klein; seconded by Coimcilman McPeak,
MiEREAS:
1. The Carprehensive Planning Subccnmittee has on December 28,
1988 reccmroended to the Planning Board and to the Town Board the
hiring of Stuart I. Brown Associates, Inc., affiliated with D. J.
Parrone and Associates, P.C., for ccmprehensive planning services
according to the specifications outlined in the proposal from said
consultants.
2. The Planning Board has on January 3, 1989 accepted the
recarmendation of the Cc0n:prehensive Planning Subccnmittee and has
reccnmended the hiring of said consultants for said work to the
Town Board.
THEREFORE IT IS RESOLVED;
1. That the Town Board of the Town of Ithaca accepts the
reccnmendations of the Comprehensive Planning Subccnmittee and the
Planning Board.
2. That the Town Board authorizes the hiring of said consultants
and the expenditure of $1,440 as payment for the initial work as
specified in the "Proposal for Planning Services and Statement of
Qualifications, Presented to Town of Ithaca", dated November, 1988,
page 7, "14 Fee. Meetings with Town Officials and Agency
Personnel", for the work described in "Proposed ^proach/Scope of
Work" on page 4, Paragraphs 1, 2, and 3.
3. That the Town Board authorizes the Town Supervisor to execute
a contract between the Town of Ithaca and said consultants for
ccmprehensive planning services in the total sum of $10,060 (vdiich
includes the $1,440), at such time as said contract has been
suhmitted to and reviewed and approved by the Town Supervisor, Town
Attorney and the Ccmprehensive Planning Subccnmittee and in
accordance with same.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
PROMOTIONS IN HIGHWAY DEPARTMENT
RESOLUTIC^ NO. 9
Motion by Councilwcman Raffensperger; seconded by Councilman
Bartholf,
WHEREAS, George Krebs, Acting Highway Foreman, has successfully
ccmpleted his six-month probationary period, as required upon his
acting appointment,
NOW THEREFOR BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby approve the permanent appointment of George Krebs to
the position of Highway Foreman.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
RESOLUTIOJ NO. 10
Tcwn Board Minutes 11 January 9, 1989
Motion by Supervisor Desch; seconded by Councilman McPeak,
WHEREAS, Fred Notebocan, Teitporary Highway Laborer, has successfully
ccaipleted his six-month temporary employment, and
WHEREAS, there now exists a permanent, full-time vacancy in the
Highway Department due to the permanent appointment of a Highway
Foreman,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby approve the appointment of Fred Notebocm as a
permanent, full-time Highway Laborer effective inmediately.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none),
SURVEY OF REFINING PORTIONS OF HARRIS B. DATES DRIVE
RESOLUTION NO. 11
Motion by Councilwcman Raffensperger; seconded Councilman
McPeak,
WHEREAS, a survey of portions of Harris B. Dates Drive on lands
presently owned by Tcmpkins County and the Tcanrpkins Ccmmunity
Hospital is needed to effect dedication of these lands to the Tcwn
of Ithaca for public highway purposes, and
WHEREAS, the firm of T. G. Miller, P.C., & Associates, Engineers
and Surveyors, has done previous surveys of lands acquired for
Harris B. Dates Drive from the Tcnpkins Community Hospital and from
Maurice and Gladys Hall, and
WHEREAS, T. G. Miller, P.C., & Associates has indicated the cost of
the additional surveying and mapping is estimated to be $2,500 to
$3,000,
NCW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca authorizes T. G. Miller, P.C., & Associates to perform all
the additional surveying necessary to effect the highway land
transfers for Harris B. Dates Drive to the Town of Ithaca from its
north and south terminii at Indian Creek Road and N.Y.S. Route 96,
respectively, at a cost not to exceed $3,000.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
EXECUTIVE SESSION
RESOLUTION NO. 12
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby move
into Executive Session to discuss an encroachment at 110 Warren
Road.
(Desch, McPeak, Raffensperger, Bartholf, Leary, and Klein voting
Aye. Nays - none).
RESOLUTION NO. 13
Motion by Supervisor Desch; seconded by Councilman McPeak,
Town Board Minutes 12 January 9, 1989
BESOLVED, that the Town Board of the Town of Ithaca hereby move
back into Open Session.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
RESOLUTION NO. 14
Motion by Si:qpervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the Town Supervisor to execute the agreement with the
owners of the property at 110 Warren Road with minor general
modifications.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
1989 WATER AiSID SEWER EXTENSIONS
Town Engineer Robert Flumerfelt stated that he believed the Board
members had all seen the scope of the proposed water and sewer
extensions and work plan for 1989. He showed a map with the scope
of the projects. The proposed projects are water in the Inlet
Valley Area, the extension of water frcm the City system to
Turback's on the Elmira Road. Route 13A and Seven Mile Drive,
there is a critical need for water in those areas. This will not
include Calkins Road, Bostwick Road above Seven Mile Drive or
Culver Road.
He went on to say, on West Hill there is now a gap in the water
main line between Indian Creek and the Professional Building. The
developer of the Lucas property is in the talking stages now but
that developer may extend the main about halfway on Trumansburg
Road with the Town doing the other half firan Indian Creek to the
Professional Building. One of the more major water projects is the
creation of an upper pressure zone on West Hill. Right now,
several of these proposed developments are above the pressure that
can be served by our Trumansburg Road water tank so the Steams &
Wheler report on our proposed water system iitprovements reccmraended
two additional storage tanks in the West Hill area.
The Town Engineer went on to say that water service as well as
sewer service was desired on Mecklenburg Road between West Haven
and the City line so that would be part of the West Hill project
also.
On Danby Road there is an old water district v^ch was never taken
out of existence on Schickel Road. This may be an area \^ere a
developer would extend the mains approximately 500', both sewer and
water to serve that small area. The Engineer went on to say that
right now there is an existing small water system there vMch has
been rehabilitated but a more satisfactory solution is public water
in that area. Coddington Road, plans are to extend the water main
frcm just South of Bums Road to the Town line and serve just the
bottom portion of Updike Road. One other problem that we want to
solve is a larger storage tank and at a better location and
elevation to solve the problem we have on South Hill with pressure
surges and the small water tank on Troy Road. It is proposed to
build a tank of 150,000 to 200,000 gallons on an elevation level
either in a spot of land in the Deerrun Subdivision or at possibly
the intersection of Troy and East King Roads. The developer of the
Southwoods s\:ibdivision will extend the main frcm Troy Road down to
the existing end of the main on King Road. Also, a connection that
Town Board Minutes 13 January 9, 1989
would hook to the main on Maple Avenue, it would be an extension of
a main that will be built for Cornell Quarters to serve the Maple
Avenue Apartment area and caiplete a loop vdiich is now a small 4"
main down Maple Avenue and get the Maple Avenue Apartments on the
Town system.
The Town Engineer continued, noting that there are problems with
the sewer lines and puitps currently in the Fall Creek area. On
West Hill the proposed sewer work includes service to the developed
portions of Trumansbuirg Road above Woolf Lane. We have several
developed areas that ccme into play, sev^r will be extended up to
the new proposed fire station, that will get up half way to the
proposed Kyong developnent and they plan to extend the sewer to
their developnent.
Supervisor Desch remarked, if the Kyong development is approved,
otherwise there will be a gap there.
Town Engineer Flimerfelt went on to say that also there is the
possibility of sewer service from the Lucas development down
through Foyers and the Lake Cayuga proposed development could
eventually go down and use our new West Shore Drive sewer v^ch
would releave seme of the pressure in the Hospital main vMch is in
bad shape and need to be rehabilitated. Also, there are seme
houses that are proposed to be serviced. In the Inlet Valley area
sewer proposed on Elmira Road out as far as Turback's and on the
developed portion of Seven Mile Drive vdiich is almost all of it.
Up Bostwick Road as far as the County Highway building, a little
piece of Route 13 near the City line in the area of the park. And
perhaps a little piece of sewer to be done by the developer on
Danby Road. One house on Slaterville Road, also. Included in the
proposal is perhaps seme correction of the infiltration that we
know exists up in the Northeast section of the Town. That would be
a phased project depending on the investigation as to exactly vhere
the leakage is occurring.
Supervisor Desch remarked, there is quite a lot more work that will
have to be done but frcm a planning sense it is quite helpful to
keep moving this along in conjunction with development proposals.
He stated for exaitple the Schickel Road situation, the reason that
was included at all was because we were xinder pressure to
reactivate that well system vAiich we were able to do without
spending very much money. Since at the present time there is only
one house seirved by that well system, with all the open land there
it doesn't make sense for the Town to spend its resources to extend
water and sewer since that is working out fine frcm a public health
standpoint so that's a much lower priority than any of the others.
The Coddington Road extension, we have the Atkins proposal vdiich
has been quiet for almost a year but clearly seme part of that
would be appropriate for that project to participate. There is not
a lot of pressure, seme people are very interested in having public
water and other people v^o are very interested in not having it so
that again is a lower priority than Elmira Road. The information
frem the City will take seme time, so this is just a beginning.
Councilman Klein asked if this proposal would correct the water
pressure problon on West Haven Road?
Town Engineer Flumerfelt replied, the houses on West Haven Road
along this new main on the West side of the road, have pressure
that is on the border line. A higher pressure will be achieved
after these new tanks are installed.
Councilman Klein asked if there was any interim solution for then?
Town Board Minutes 14 January 9, 1989
Supervisor Desch replied, they could benefit frcm the
hydroE^eneumatic syston that Rose Hill would put in but that would
be the only thing.
Councilwanan Raffensperger remarked, in looking at both water and
sewer it occurred to her that the Town has always been very
supportive of extending water and sewer to present residents who
have health and safety needs. She stated that she did not find it
easy in looking through the vdiole package of both water and sewer
to ccsne up with sane kind of an understanding of v^ch of these
proposals are to provide services to present residents who have
need for water and sewer and vhich are to acconmodate proposed
developnent in the future. Also, there is a lot of talk about
inpact fees, and siabtraction of money for inpact fees and yet it
was very unclear to her how these were going to be set up and how
necessary they were to make this econonically feasible. When we
had individual districts and you proposed water for a district
eveirybody knew it would cost $800 for their lot to provide the
services to that lot and how long it would take as far as payback
was concerned. She stated that she got no feeling of the number of
units that would be added, in other words the econcmics of it, the
cost and the benefit. She wondered if this could be developed as
the proposal went along in this planning process. Also, she would
be interested in the Planning Department inself making sane kind of
an evaluation as far as planning and environmental issues are
concerned and the result of planning these extensions or not
planning them from the point of view of the Planning Department.
Town Engineer Flumerfelt replied that most of the areas are in
response to the concerns of people about the adequacy of their well
system, their sewage disposal systems particularly in the Inlet
Valley area and the West Haven Road area. On the other hand, to
get the solution to seme of the problems, for instance getting
adequate pressure involving building a tank at a higher elevation,
and building a main to it v^ich sometimes passes prime development
property and sometimes goes through areas that are sparsely
populated, but the need exists to get the services there.
PUBLIC HEARING TO CONSIDER THE ADOPTION OF A liOCAL LAW TO WAIVER
SPRINKLER FEES
Proof of posting and publication of a notice of a public hearing to
consider the adoption of a local law to waiver sprinkler fees
having been presented by the Town Clerk, the Supervisor opened the
public hearing.
Si;5)ervisor Desch noted that the cost to the Town for the waiver
would be in the neighborhood of $1,800 a year.
There being no one wishing to speak in respect to the proposed
local law, the Supervisor closed the public hearing.
Supervisor Desch noted a need to execute a Certificate of Necessity
since the law was not on the Town Board members desk the required
length of time. He stated that the only thing he would like to say
about the Certificate of Necessity was that the bills are normally
rendered on January 1 so there is sane need if we are going to do
this to either do it now or wait a year. He stated that he would
concur with the Certificate of Necessity and execute it as it is
piroposed by the Town Attorney.
Councilwanan Raffensperger asked v4iat the piablic purpose of this
was? Why are we doing it?
Town Board Minutes 15 January 9, 1989
Supervisor Desch replied, this is an incentive to install and
retrofit sprinkler systems.
LOCAL LAW NO. 1 - 1989
Jtotion by Comcilman McPeak; seconded by Councilman Bartholf,
LOCAL LAW NO. 1 - 1988
A LOCAL LAW TO AMEND LOCAL LAW NO. 2, 1976 RELATING TO WATER RATES
BY DELETING THE CHARGE FOR SPRINKLER SYSTEMS MAINS
Section 1. Local Law No. 2 for the year 1976, adopted August 23,
1976, as subsequently amended to and including the amendment by
Local Law No. 16 for the year 1987, is hereby further amended by
deleting and repealing the provision in the water rate schedule
pursuant to vMch there is made and billed an annual charge of
$20.00 per diameter inch for each fire protection main serving a
sprinkler system.
Section 2. The deletion of the annual charge for fire protection
mains shall be effective as of January 1, 1989.
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Aye
Councilman Klein Voting Aye
Ccuncilwonan Leary Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No. 1 - 1988 was thereupon declared duly adopted.
1989 OBJECTIVES AND CCMIITTEES
Supervisor Desch remarked that the Objectives are really a list of
things that came to his mind and he did not propose that any of
them be adopted but he felt the Board should look at them and cone
up with ideas and settle on seme kind of a list at the February
meeting. He went on to say that the same applies to the
Ccninittees, really there are no surprises to that the only addition
is Public Works. We have talked some about the need for such a
conmittee to move forward particularly in the Stonnwater Management
area that the Engineer made at the last meeting. Also, the Highway
Superintendent is looking at the paving plan to update that so
basically those are the things that the Committee would be doing.
He noted that there was one name left off of the Special Joint
Subconmittee and that was Al DiGiacomo vho is the present manber.
He remarked that he had not included the Codes & Ordinance
Coaranittee in the list and he felt if the Town got into a situation
vhere it was needed, we can set up such a conmittee but he felt the
staff and Board members time should be focused on the Comprehensive
Planning effort.
TOWN OF ITHACA WARRANTS
RESOLUTION NO. 15
Motion by Councilwoman Raffensperger; seconded by Councilman
Bartholf,
Town Board Minutes 16 January 9, 1989
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the Town of Ithaca Warrants dated January 9, 1989, in the following
amomts:
General Etind - Townwide $ 25,712.93
General Etind - Outside Village $ 24,787.46
Highway Fund $ 59,400.44
Water & Sewer Fund .....$174,268.59
Capital Projects Fund $ 12,385.30
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
BOLTON POINT WARRANTS
RESOLUTION NO. 16
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Bolton Point Warrants dated January 9, 1989, in
the Operating Account are hereby approved in the amount of
$83,315.45 after review and upon the reccmmendation of the Southern
Cayuga Lake Intermunicipal Water Commission, they are in order for
payment.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
FISCAL ADVISORS
RESOLUTION NO. 17
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the proposal of Fiscal Advisors, Inc., for a fee not to exceed
$6,800.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
EXECUTIVE SESSION
RESOLUTION NO. 18
Motion by Supervisor Desch; seconded by Councilman Klein,
RESOLVED, that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss a personnel matter.
(Desch, McPeak, Raffensperger, Baartholf, Leary and Klein voting
Aye. Nays - none) .
RESOLUTION NO. 19
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby moves
back into Open Session.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Klein voting
Aye. Nays - none).
Town Board Minutes 17 January 9, 1989
ADJOUMMT
The meeting was duly adjourned.
Town Clerk
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