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HomeMy WebLinkAboutTB Minutes 1977-03-08 TOWN OF ITHACA SPECIAL BOARD MEETING March 8 , 1977 - 7 : 30 p . m . At , a Special Meeting of the Town Board of the Town of Ithaca held on the 8th day of March , 1977 , at 7 : 30 p . m . , at the Ithaca Town Offices at 126 East Seneca Street , Ithaca., New York , there were : PRESENT : Walter J . Schwan , Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley. Raffensperger , Councilwoman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer Len Bower , Lozier Engineers , Inc . Stuart Richardson , Ecology and Environment , Inc . Jerry Strobel , Ecology and Environment ; Inc . James C : Dunlap , Lozier Engineers , Inc . Liese Bronfenbrenner , 116 McIntyre Place Arthur L . Berkey , 128 Christopher Circle A . P . Cook , 209 Coy Glen Road John Hertel , 127 Warren Road Eva Hoffmann , 4 Sugarbush Lane Daniel P . Loucks , 116 Crest Lane Herbert Mahr , 103 Judd Falls Road Harold G . Smith , 509 Coddington Road Beverly Livesay , County Representative Hugh S . MacNeil , County ' Representative Representatives of the Media ABSENT : Noel Desch , Councilman Victor Del Rosso , Councilman PUBLIC HEARINGS . 7 : 30 - FACILITY PLAN 8 : 00 - ENVIRONMENTAL IMPACT ASSESSMENT Proof of posting and publication of - notice of public hearings and affidavit of service by mail on certain interested parties ( list attached to these minutes ) having been presented , the Supervisor opened the hearings which were held concurrently . Schwan . - These are public hearings on the Facility Plan , the Environmental Impact Assessment , and the archeological study relating to the Town -wide sewer project which involves sewers in five different areas of the Town of Ithaca - - Forest Home , Slater - ff ville Road ( beyond the City watershed as far as Burns Road ) . It includes houses on Coddington Road , Elm Street , and Glenside . The total estimated cost in 1973 was $ 970 , 000 . We are holding these hearings as part of the Department of Environmental Conservation and Environmental Protection Agency re - quirements to obtain a construction grant from EPA and DEC in the r 2 amount of 75 %' of the 1973 construction cost ( $ 640 , 000 ) . The estimated grant is roughly $ 500 , 000 . . Most of you who are here are aware of the project . I see most of you live in the area proposed to be sewered . The proposal has been worked on by the Town of Ithaca for four years . It has been stalled by an increase in interest rates on our unbonded sewer debt , which went from 4 % to 7 % and , as a result , dried up the surplus capital we had to help fund this project . We have sold our Town sewer bonds now at 6 % and that indebtedness at least is pinned down for the future , and with this grant it would seem that with a modest amount of revenue sharing we can balance the budget and build the project . Powers . One question . Estimated- construction cost is $ 640 , 000 . The $ 970 , 000 figure we have used is total cost ? Schwan . The $ 970 , 000 includes engineering , contingencies , legal and bond counsel , selling bonds , etc . Fabbroni . , - I have some updated figures . Schwan . ( After . brief discussion with Fabbroni ) Total area cost at this time has increased from the 1973 costs to a total area construction cost estimate of $ 823 , 000 , with $ 284 , 00 ,0 added for over - head , legal and bond counsel , engineering , inspection , financing , and administration , and a contingency of $ 78 , 000 , for a total project cost of $ 1 , 185 , 399 . Bower . The original engineer ' s estimate was made in 1973 . The grant being applied for is a little in excess now of $ 800 , 000 , so that the local share will be about $ 371 , 000 . Schwan . I thought the grant was 75 % of the construction cost - - not of the project cost . Bower . No - - elibigle- costs . Some of the construction costs are not eligible . For instance , the lateral pipes from the main line to the right of way line are not eligible for sewer par - ticipation and anything involved in laterals is not eligible . 3 _ Schwan . The engineering which is included in the City of Ithaca Stage I Study is eligible for financing , pretty close to $ 100 , 000 , right ? Dunlap . Yes . And engineering and so on in the project itself is eligible . Richardson : I am Stuart Richardson and I represent Ecology and Environment , Inc . , the company which was hired to do the local environmental impact assessment that was put on file two weeks ago in the Town Hall . Our company also prepared and did the archeological assessment and study approximately one week ag.o . This has not come down to the Town Hall yet , but should be in the Town Hall next Monday . So , the environmental assessment is in the Town Hall right. now for - review and approximately next Monday the archeological assessment should be in . (Mr . Richardson now made a presentation using aerial map . ) Richardson . Initially the Supervisor went over the project area and in front of you you all have a map delineating the three major areas and one of the sub- sets of those . Basically the project entails constructing 25 , 000 feet of local sewer which is - 8 - inch force main and five pump stations . The most complex area is the Forest Home area which we call the Northeast Section . As you are well aware , . it is surrounded by Cornell Univer - sity property . Development in this area is basically stopped and we see no future development in this area . So , what we are talking about is no secondary impacts , just sewering the existing facilities . This is the most complex area to sewer mainly due to its topography , terrain , and the close proximity to housing , to the creek , and con - necting up with the Cornell sewer system . Right at this point / indicating/ is the Forest Home area entailing three or four lift stations and one major pump station to bring it up from the north bridge up into the force main uptinto the Cornell system . This portion of the system primarily uses roads . �3 4 We will just go right through it working from the east and going north and west at the same time . We start up here / indicating/ . This is the Cornell University golf course , down Warren and then I it drops down and catches all the houses on Warren, Crest Lane , Halcyon to a point , and we are still up on the slope , and then it drops down the slope , which is a very critical area - right down to Forest Home . The other extension comes down- Forest Home , comes into a pump station , and then it goes into an insulated aerial ( 7 ) crossing across the south crossing the upstream crossing of Fall Creek down Warren to the pump station . The West Section is sewered approximately in front of the homes on Judd Falls Road , . heading south , west on McIntyre , and force maining back up across Forest Home down to the Byway , around the Byway , across the bridge at -another insulated crossing to the pump station and then force mained up into the Cornell system , and eventually down into the City municipal system . All the ease - ments for this portion of- the - right of . way have been granted . The locations of the pump station . easements have . been granted and as ._ far as we know there are no local owners who have any serious objec - tions to this . The most critical area is coming down from Warren to the Forest Home , coming down approximately a 28 degree slope through the back yards of people on Warren Road as well as the people on Forest Home Drive . This area is being worked out with the land owners . All the trees in this area have been protected and everybody knows which trees are going to be removed . Throughout this project area we don ' t see any trees greater than 10 inches to be displaced or removed . There was some conflict here on Forest Home Drive where the owners were worried about their foundations and their stately trees in front of this , but this. has been worked out and the line has been moved into the road right of way . This is also the case ` on Judd Falls Road where originally the line went in front of the houses , in front of the homeowners property . Now it has been moved into the center of the road on Judd Falls and we do not anticipate any impact there . . . . 5 The second area which you will find on your hand - out is the Southeast Area. This entails sewering Slaterville Road and Coddington Road . Originally two things were looked at here : in dividually pumping a series of maybe two houses on one pump station across the road to . a gravity main on the east side of Slaterville . Road . This was dropped due to costs . and the compound problems of having that many pumping - stations , So , a gravity line was placed behind the houses down to Burns Road and then one pump station across Slaterville Road and then back up into the City system . Likewise on Coddington , these particular houses , in theory , were decided to be sewered simply because this is where the gravity break-off occurs . There are additional houses on . Coddington Road which could be sewered at a later date . These would probably be sewered to the south and then a gravity main placed back along the railroad tracks . There are approximately eight houses on Coddington that are in this gravity system . You can see why we are sewering this area and why all of these transfers heading south would re - quire sewering . The lot sizes in here / indicating/ are not especially amenable to a good septic system in that they are close to the road and very narrow . These appear to be one - third acre lots . The same problem has also occured in the Forest Home area , where we are talk - ing about houses built in Civil War days , and houses built between 1820 and 1900 , going back to the " privy " days . There has been evi - dence on Fall Creek of leaking phosphates . In the 1972 studies done at Cornell University with a direct tie -up of leachate coming from domestic septic tanks right into Fall Creek . The fecal coli - form counts do not indicate immediate condemnation . However , the coliform counts have gone over the State standards , but any creek in the State is doing the same thing at one time, or another . � s 6 . - The third area is what we call the Southwest area . This. entails Elm Street Extension , West Haven from the top of the hill where it dog legs to the right , and the Coy Glen area and Floral -- � Avenue . Elm Street is the area where there is a definite expansion out on the West Hill of the valley . Right now the houses in here / indicating/ are on a steeply inclined valley sloping to the south - east . All you have to - do is look at the drainage problems and you can see that it is probably . impacting everybody down the slope . Any further development on the hill and the whole drainage is visibly from this point probably going to be impacted . There is no water on the hill right now . It comes up here / indicating/ to a point at Haller Boulevard and so the people residing on wells definitely will receive benefits from the project . The Coy Glen area , again , is similar to Floral . This is an older area in comparison to Elm , exhibiting small lot sizes , shallow soils , and houses built back in the early 1900 ' s , and having impermeable soils . The soil per - meability problem is no.t so - much surface permeability , but the underlying high ground water table .: In the archeological study we conducted last week .we were drilling in water a lot of the time . In the septic systems , basically at this time we are not getting free flows . The archeological study has been basically conducted . First it entails a literature search . We are looking at historical buildings , anything that has historical significance , and then sub - surface investigation of digging pits along the prospective routes . Since this would involve removal of houses or other impacts, this was immediately eliminated . We did do a study to find what was historically significant and the two areas that we felt . will be impacted are the two bridges . We feel these have historical sig - nificance in the Forest Home area . These are significant architec - tural bridges which we do not see too much any more in this area . The pipe lines will be hung on them and we don ' t see any structural integrity being . wasted from the bridges . The sub - surface investiga - tions were conducted with a hand auger , an 18 - inch auger , and these were conducted at approximately 250 feet on center , even in the back yards of the houses on Slaterville Road and basically nothing was 7 found from these investigations . Some bricks were found in the . Forest Home area but no foundations or anything left from the old mills in the Forest Home area were discovered . Some pieces of - I bone chips were found , I believe , in the Slaterville Road area but these were identified as animal and not man . That ' s basically it . If there are any questions . Schwan . If I could interject one thing in addition to what has been said here , it should-be.- noted that since we proposed this project in 1972 or - 1973 , there have been temporary fix -up per - mits issued by the Health Department to a large number of homes in the project area who already had septic problems and they are on permits allowing them to be fixed up until the sewers went in . One of the requirements of this grant was . that the housing in the area proposed to be sewered had to be prior to 1972 and Larry ( Fabbroni ) did a break-down of the housing and , interestingly enough , the majority of the houses . have been built prior to 1960 and a lot of them prior to 1900 . So , it is safe to say we are . talking about sewering areas which are quite . old and , , therefore , probably have a lot of problems because of-- age . The other thing would be , as those of you who live there are aware , before we proposed this project , we mailed a letter to each person living in the area we proposed to sewer with a post - card - which was stamped and self - addressed back to the Town . We explained the cost -of water and sewer to each of them on their individual frontage based on our benefit roll assess - ment formula and asked them to return the card and check the appro - p riate boxes with water yes " , sewer " yes " , " no " , no " , as the case may be , and the only areas we then proceeded to designate as the areas to be sewered were the ones where we received over 50 % response , .indicating that they were interested in something , and the ones we are talking about here were over 65 % to 70 % in the affirmative for sewers . 4117 8 _ Mahr . You have given us a detailed study . I don ' t know about these things . My question is : Who gets this ? What is the summary of the study ? What was it for , who gets it , who I will assess it , who will read it , and who will act on it , and then , if so , what is your conclusion ? Do the benefits outweigh the bad things ? Schwan . All of this relates to the construction grant which we are hopeful of obtaining from DEC through EPA funding . This goes to DEC , who - have to approve it . Then it goes to the EPA , and the Federal government will have to approve it . Mahr . Why does it go to DEC? What do they want to hear ? What are the conditions which will govern ? Strobel . This .. is under the terms of the national . environ - mental policy pertaining to licensing or Federal funding expended , which has to include an environmental assessment - of the probable impact both beneficial and adverse . of the project on the environment . The mechanism is through New York State DEC and on this summary sheet we have presented an overall summary of the impact of the which are included in the report . project/ Essentially we see it having a short term impact involv - ing the construction , local impact , some short term turbidity , restoration plans and right of way easements obtained by the Town . The overall improvement anticipated for areas with bad soil con - ditions and failing systems will be an overall benefit which will outweigh the short term costs . Schwan . The grant is a situation that developed last year where the State had $ 1 . 1 billion left over Federal funds . This is the first time there has been any money available for collector sewers . There has always been money available for sewage treatment plants and interceptors , but nothing for collector systems such as this . They were given a time table by the Federal government . What it basically says is they will have granted and approved - 9 . - $ 1 . 1 billion by September 30th of this current year or the money . goes back to Washington . Right now it is a New York State allocation ; if they can process enough applications , they will keep it all in the r---1 State . Berkey . How many additional units will be brought into the sewer total as a result of the project . Schwan . About 300 . Bower . 200 . Schwan . I guess that ' s right - - 2000 Berke What , is the total number of sewer units in the Town without this project? Schwan . About 4 , 000 -. Berkey . How much revenue sharing money do you plan to put in ? I notice from what you said before that the local cost is $ 371 , 000 . How are we going to pay this - - over a 30 -year basis ? Schwan . On the basis of bonds selling today , I would not f � recommend the 30 -year bond issue . You would get a better interest rate on 20 years . We could bond for 5 . 6 % or 5 . 7 % interest for 20 yearsf right now , from all indications Berkey . How much , revenue sharing money will we put in each year ,. to make up that difference ? Schwan . I can ' t answer on that basis . If you want to look at the breakdown prepared for the Town Board about � two' months ago , it shows the exact amount of surplus . being generated by the existing units and that surplus increases every year as we continue to pay off principal and interest on our existing bonded indebtedness . Berkey . Well. , what ' s a ball -park figure - - $ 100 , 000 ? or $ 150 , 000 ? Schwan . I figured it out - - without allowing for any grant at all , my " guesstimate " was it would take $ 250 , 000 of revenue shar - ing to balance the budget through 1988 . After that the system would carry itself . In this case , we are not talking about bonding $ 970 , 000 . so Berke . You are telling me that the money , the revenue sharing money for the next four years has both been authorized and appropriated ? Schwan . The certainty , I would say , of four more years of revenue sharing is as good as the notice we received five years . ago that we were going to get five years , and I got a letter from Matt - McHugh saying that the Town of Ithaca ' s revenue sharing for the years 1978 , 1979 , 1980 , - and 1981 is the following , and he gave me numbers of dollars per year . Berkey . I think that ' s authorized amounts rather than appropriated amounts because I think the Federal budget is appropriated on an annual basis . Dunlap . In answer to that ; PL92 - 500 which we are talking - - - about indirectly here tonight was both authorized and appropriated for the three _year period . Berkey . Good , I ' m glad to hear that because otherwise if it wasn ' t-, and -if that should not come through for some reason , we would . have a crisis . Schwan . On that basis , I would agree with you , but when I have been told we are going to get $ 323 , 000 , I believe them . Berkey . So , then , we are committing over the next four years approximately one _ third of our revenue sharing money for this ? Schwan . Yes , and the only reason we can commit revenue sharing to this project is because we dissolved our districts and made water and sewer a Town-wide function . If we were still under the old district concept , revenue sharing could not be used for that purpose . Berkey . Thank you . Schwan . Anybody else ? This is a public hearing . We would like to have your input for or against , or answer any questions you may have . . 51 12 - Cook . On this map here in the planning for this sewer. project , the biggest area on West Hill is developable in this area south of Elm Street and above Coy Glen Road and the rest is taken up with cow barns and gravel pits , etc . . In the pro - vision for water and sewer , primarily sewer , , have you considered that this area is very steep with drainage both into Coy Glen and down into the valley . Is there provision being. made in the planning for development of that area ? It is being held now for . development . It is 50 - odd acres . The rest over here on the other side and past the cemetery is not a problem . But a lot of housing could suddenly pop up in this developable area . Schwan . Are' you thinking in terms of the size of the main ? Cook . Yes . Schwan . It will be an 8 - inch main and the slope would appear to handle it . Fabbroni . It . is designed according to the Town Master Plan to . serve the whole drainage area . Cook . Well , that ' s different . Schwan . I don ' t think you will see - much development until somebody puts water up on Coy Glen . Cook . This is another thing . City water won ' t even go in our cellar . Everybody has pumps on the end of the line . Schwan . When we did the survey that was one of the things that showed up , where people voted for sewer on Elm Street they did not vote for water , and on West Haven ' Road it was NO to both of them , and , you see , the idea of the water was that Of we were to try to water West Hill more than it is the idea . would be to Well ,- you know where the Hospital standpipe is . Well , between the standpipe and the Hospital there is a 10 - inch main . We could come back down Trumansburg Road to Bundy Road with _ a 12 - inch main , up Bundy , then across the end of West Haven , s - 13 - down West Haven and back down to the foot of Coy Glen . And that would have watered West Hill , but we got nothing but " noes " on Route 96 on the uphill side , on the Bundy Road and on the West i Haven Road . As part of this project , in order to get the water main out of the way down on Floral Avenue , we are going to run a new 8 - inch main from the City line up to the foot of Glenside which should increase the volume of the . flow there , but it is not going to help the pressure a bit . Cook . Well , I haven ' t heard much against this project . Schwan . The interesting thing about this project is that - we are talking about the three oldest areas in the Town of Ithaca - - Forest ' Home ; Glenside , and Elm Street . This is probably the oldest housing in the Town ., and yet they are the last ones to see any sewer . MacNeil . It ' s nice to see you are putting a water main to the foot of Glenside . What are the chances of the people living on Glenside getting rid of the iron pipe and putting in new copper ? Schwan . We recorded on a tax map the results of the post - card survey in your area . We put the " yeses " in red and the " noes " in in purple . I think in your area of Glenside specifically there are two " noes " . The rest is solid red " yeses " . But we do understand your problem . Cook . I might add one other thing - - about . the main going up Glenside . The only house on the south side of Glenside that ' s got easements to all the houses on Coy Glen Road , because you have to have easements to everybody ' s back yard to get the water from Glenside over to Coy Glen Road , which has 14 to 16 houses . Schwan . If we could ever get it up on the hill on West Haven Road , and we could supply adequate pressure down below , we would come down Coy Glen and hook up with this new 5"3 14 - main at the corner , but we have got to get some people on West Haven Road and other places to say they want water . MacNeil . Are you saying that if you put a new water main to the foot of Glenside , the individual property owners will pay for supplying copper pipe to replace the old black pipe ? Schwan . Town policy as it relates to water mains which the Town either acquires because of a district or which the Town has dissolved is that we own the main and the service to the corporation cock at the property line : That ' s ours . From the shut- off valve at the edge of the right - of -way to the house belongs to the property owner . MacNeil . . You will put the new water main up Glenside ? Schwan . No , we are not going to put a new one up Glenside , not- as part of this project : - We4are going to run it -from the City line up Floral Avenue, - to the corner of Coy Glen and Floral Avenue , that ' s all , which will give you a new 8 - inch supply for the one that comes up to Glenside . MacNeil. If we have a new . pipe up Glenside , if we are talking Glenside Road , which is not very - far , we would amortize the cost to the people . Schwan . We could get an . estimate on it . The trouble with just putting that piece in now is that it isn ' t going to do you any . good in terms of any more pressure . It might give you more volume , but it will not improve your pressure a bit . Your pressure relates to the head of water in the City of Ithaca where the water comes from , plus that awful long run on Floral Avenue in the City from the Octopus all the way out . MacNeil . We had one recent experience where a gentlemen broke his water pipe with a bulldozer , and put in new copper , and his volume did increase measureably . We are interested in that piece of line . 5 � 15 - Schwan . I would say if your services date back to the thirties when Glenside was developed there is no question but what you have corroded pipes . And another thing that ' s in - teresting is that if they are galvanized they tend to pick up any impurities and they create bumps inside the pipe which then creates turbulence in the water and cuts down your flow remarkably . In fact , the best pipe , while you can ' t use it for water service , is plastic , because of its smooth wall , but copper approaches plastic in terms of the low turbulence within the pipe . Loucks . On your post - card survey , I ' m sure Forest Home was all " red " / indicating affirmative desire for the sewers / Schwan . To be honest with you , Forest Home was not polled . I had already been to your Civic Association meeting , and knew the sentiment . I didn ' t have to convince anybody . Loucks . The surface water and ground contamination is not only surface water in Fall Creek , but surface water from the roads and sidewalks . Furthermore , there is road damage because of drainage on the road , so we are waiting patiently . We are in support of the project . When will you know if you will get the Federal money ? Schwan . When we get through with these .hearings and get the papers to Albany we should know by the end of April whether the time table they gave us up there will produce a grant . The only problem with the grant is we cannot bid the project until the Federal government has officially notified us that we have received a grant , which means. September 30th , so that we would then put it out to bids , but you won ' t see much construction this year . It puts us back one year because of the grant time table they have . In other words , what they told us , - in essence , was they will not grant any money to a project already under construction . So you can ' t bid it until they make the grant . Mahr . What happens if you don ' t get the grant ? .l 16 - Schwan . My recommendation is to go on ahead with it and use all the revenue sharing money , if necessary , to build the sewer . I have already told that to the Town Board and broke it down so they could see what it would do . I think it is a very viable and a very honest use of revenue sharing . Mahr . It ' s - better than buying a Town Hall . Schwan . We . will know by the end of April if the time table will produce a grant . Loucks . If you don ' .t get the money - we - could put it out to bids sooner . Schwan : We could put it out to bids after public hear - ings on the use of revenue sharing money , yes . That would be the alternative . Berkey : Everything , though , indicates , as far as we know , the . grant is going , assuming everything works out . Schwan . Yes . At the eligibility meeting in Albany they went through the plans , gave us a project number , and told us how to go - ahead with the rest of it . We had fine support from Congress - man Matt McHugh , Jean Angell , and Assemblyman Gary Lee . I would say it looks definitely favorable . Mahr . I would like to make ' a suggestion . Is it possible once a year to hold a public hearing on how the Town Board intends to spend revenue - sharing money for that particular year ? I under - stand there is no legal obligation , but I think it would be an act of good faith . Schwan . In the new revenue sharing law there is a require - ment of two hearings . Mahr . Oh , that is required now . Because previously it wasn ' t . I never heard anything discussed in the budget with respect to revenue sharing . Schwan . We had a public hearing on it . 17 - Mahr . No , - no * I am not talking about that . I am talking about when you discuss the budget . It is very hard to keep these numbers all together and to know . The best time would be . at the time you have the annual budget meeting , because that ' s when you make the decision anyway . That would be a very good time . Maybe not even a public hearing , just to notify the public at that time how the monies are going to be allocated . Schwan . When revenue sharing was new we really did not have it in the budget . Now it is a page in the budget . We added another page this year which is sales tax which says what the Town sales tax dollars do for you in the Town of Ithaca . So , it is in there . And we can indicate - - I concur - with . your suggestion - - where we have held hearings and 'have obligated the money , what the money in there is going to be used for . Anyone else ? If not , we will close the public hearings on the Facility Plan and the Environmental Impact Assessment for the 5 - area sewer project . u 18 - ELEMENTS OF AGREEMENT BETWEEN THE CITY OF ITHACA AND THE TOWN OF ITHACA FOR SEWAGE TREATMENT AND . RELATED SERVICES Mr . Fabbroni distributed draft of Elements of Agreement between the City of Ithaca and the Town of Ithaca for Sewage Treat - -" ment and Related Services . There was long discussionl . of this document , particularly Paragraph I . ( Intent ) . It appeared the Board would like to have the word " thereafter " deleted . Mr . Fabbroni agreed this would be desirable but it was not likely he City would agree to such dele - tion . Mr . Fabbroni felt that thi!! s is the best agreement which can be reached at this time ; that there are sufficient safeguards writ - ten into the remainder of the document to protect the Town for the long - term future _. It was established that these elements of agree - ment are not the agreement ; thatlthe attorneys for the City and Town will put it in legalistic terms . But these elements of agreement will be operative until the lawyers have finalized the legal language . Mr . Fabbroni suggested that the last sentence in the para - graph of intent might tend to negate the effect of the word " there - after " . There - was not general agreement that this was so . Council - woman Valentino indicated she had reservations about the paragraph o intent , that the Town should make it clear to the City that the Town ' s long - run position is that there should be joint ownership of the system . Mr . Fabbroni pointed out that there is clear reference to the cost studies in the Federal program ; that this agreement calls for unequal user rates . On the other hand , the EPA program calls for equal rates to all customers . Councilman Powers inquired if the City considered this an interim agreement in the same way it appears the Town does . Mr . Fabbroni said there is a basic difference in philosophy between the City and Town . The City would like to operate as a utility owner and offer to connect whatever amounts of sewage the Town wishes to the City system and , further , they will provide for ex - pansion as needed . Councilwoman ^Valentino pointed out that that philosophy has failed with respec't to the water contract . Council - man Powers did not feel the last sentence in the paragraph of intent negates the effect of the word " thereafter " or the City would not have accepted that wording of the 11 paragraph . They could have worded it so this arrangement is pertinent only until such time as the re - suits of the cost studies are available . Mr . Fabbroni noted that the proposed agreement is written'' in the only way that both the City and Town will agree to at this point . Councilwoman Valentino . did not agree that this is the best that can be done . Mr . Fabbroni said that when the City insisted upon 'ithe 20 - year term , with 5 - year re - newals , he and Councilman Desch and Supervisor Schwan had attempted , to put as much into the agreement''' as possible to soften the effect of these provisions , citing the sentence , " It is recognized that in connection with preparation of the Facility Plan under Federal man - date , there are studies being made of the actual costs of owning and operating the sewage treatment plant and that long range negotiations relating to the same costs will require an expanded or new contract which may change the terms of this contract . " Supervisor Schwan said the City has agreed to this wording and the BPW of the City will con - sider it March 9th . 5 �Y 19 - The consensus . of the Board was that every effort should be made to remove the word " thereafter " in the paragraph of intent . Further , that a provision for 90 days ' notice of a change in rate structure should be included . With these understandings , the Board acted as follows : Motion by Supervisor Schwan , seconded by Councilman McElwee , RESOLVED , that this " Town Board hereby approves the Elements of an Agreement between the City of Ithaca and the Town of Ithaca for Sewage Treatment and Related Services , copy of which is appended to these minutes . Raffensperger , Aye , McElwee , Aye ; Powers ., Aye ; Valentino , Aye ; Schwan , Aye . Nay - none . The Motion was thereupon duly carried . LEARNING WEB Motion by Councilwoman Valentino , seconded by Councilwoman Raffens - perger , RESOLVED , that this Town Board hereby authorizes the Supervisor to execute agreement with the Learning Web and to also execute the New York State Application for State Aid in the amount of $ 2 , 400 . 00 for the year 1977 . Schwan , Aye , McElwee , '. Aye ; Powers , Aye , Raffensperger , Aye , Valentino , Aye . Nay - none . The Motion was thereupon duly carried . ADJOURNMENT The meeting was duly adjourned. to 12 : 00 o ' clock noon on March 14 , 1977 : �w Edw L . Bergen Town Clerk I