HomeMy WebLinkAboutTB Minutes 1987-01-12 TOWN OF ITHACA
REGULAR BOARD MEETING
January 12 , 1987
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , at 5 : 30 P .M . , on the 12th day of
January , 1987 , there were :
• PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Patricia Leary , Councilwoman
ABSENT : Robert Bartholf , Councilman
ALSO PRESENT : Robert Flumerfelt , Town Engineer
John Barney , Town Attorney
Mary Call , Board of Representatives
Robert Berggren , Williams Glen Road
James W . Mayer , The Mayer School
Elizabeth Be Mayer , The Mayer School
William Hooton , 1235 Trumansburg Road
Eva Hooton , 1235 Trumiansburg Road
Dave Auble , 410 Green Street
Marjorie Rinaldo-Lee , Empire-Thamsen
Bill Seldin , Attorney
Mr . & Mrs . Dwight Van Sant , 136 Seven Mile
Drive
Mr . & Mrs . Richard Sullivan , 136 Seven
Mile Drive
Harry Patel , 654 Elmira Road
Eleanor Sturgeon , 718 Elmira Road
Nansen P . Josselyn , 152 Seven Mile Drive
Tracie Evans , 174 Calkins Road
Elsie Sheldrake , 806 Elmira Road
George Sheldrake , 174 Calkins Road
Sybil Phillips , 721 Elmira Road
Joan Reuning , 167 Calkins Road
Mark Tomlinson , 224 Bostwick Road
Linda Loomis , 167 Calkins Road
George Dickman , 136 Seven Mile Drive
Larry Phillips , 167 Calkins Road
Dorothy L . Negley , 136 Seven Mile Drive
Paul D . Lukas , 136 Seven Mile Drive
Don Josselyn , 152 Seven Mile Drive
Representatives of the Media :
Scott Pesner , FM 93 (WVBR)
Debbie Munch , OK 100 /WKRT
Fred Yahn , Ithaca Journal
Rob Jason , Channel 7
Ken Hughes , Channel 7
PLEDGE OF ALLEGIANCE
TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT
December 9 , 1986 to January 12 , 1987
Robert E . Parkin
- Installation of Forest Home Drive One -Way Experiment Signs ,
Barrels , Mailboxes
Snow Plowing and Sanding
- Trees and Brush
Snow Removal on Forest Home Bridges , Walkways , Storm Grates
Installation of Resident Culvert on Dove Drive
Guide Wire Repairs
REP / nf
1 / 9 / 87
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Town Board 2 January 12 , 1987
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
1987 Objectives
Supervisor Desch stated that he had virtually finished his draft
statement of objectives . These will be forwarded to the various
boards for dicsussion within the next couple of weeks .
Water & Sewer Extensions
Supervisor Desch stated that for planning purposes , keep in mind
the following proposed schedule for the new project .
( 1 ) Present Engineer ' s Report February 9
( 2 ) Set public hearing on February 9 for March 9
( 3 ) March 9 establish improvement
( 4 ) April 10 Referendum period is over , release for bids
( 5 ) May 6 open bids
( 6 ) May 15 award contracts
He went on to say that in the Engineering Report you will see the
following .
addition of Campbell Avenue , remainder of West Haven Road
sewer
- addition of Warren Road water to serve properties
currently served by Cornell University system
- elimination of the South Hill extensions and connection
between zones on East King Road because of a mixed
response from people on Coddington Road , King Road
- elimination of the sewer link near the old hospital
heating plant due to limitations in the City system at
Cass Park
Building Inspector/ Zoning Officer Training
Supervisor Desch noted that the Town Building Inspector/ Zoning
Officer is taking the first series of code enforcement courses at
Montour Falls this week .
Umbrella Insurance
The Supervisor stated that we are likely to get our excess
liability coverage very soon but the premium will be high .
Engineer ' s' Report
Town Engineer Robert Flumerfelt thanked the Board for appointing
him Town Engineer .
The Town Engineer went on to say that since the last meeting on
December 31st , he wanted to update his report by a couple of items .
The repairs to the Coddington Road pump station are being done
today , he stated that he assumed that by now all the work had been
completed . The Judd Falls Road one-way experiment has been
started , he stated that he had had very little cxit todate and
he assumed this was good . Mr . Flumerfelt noted that he had
received one letter from a local resident saying they were very
favorable to the one-way . We may have a few bugs to be ironed out
during the course of the experiment but it seems to be working
fairly well .
Councilman Cramer questioned the trees that were removed from
Forest Home Drive , asking if these trees are involved with the
one-way program we are talking about?
Town Board 3 January 12 , 1987
Supervisor Desch responded no , they were two hugh sycamore trees ,
that are down by the Cornell water plant , right on the very edge of
Caldwell Road . As a matter of fact , some years ago they cut part
of the trunk away because the trunk had grown over the edge of the
road .
Councilwoman Howell asked if the Town was monitoring the Forest
Home one-way street? She stated that she used it once and at that
time there was a truck , quite a large truck , that came underneath
the underpass and around and could not make the corner . It held up
the traffic for quite a while .
Supervisor Desch responded that the Town was monitoring the one-way
• but a truck coning in that direction should not have anything to do
with the one-way .
Supervisor Desch asked Councilman Cramer if he had anything to
report on since Highway Superintendent Robert Parkin was not at the
meeting .
Councilman Cramer reported that the Highway Conmitttee met Thursday
night and spent three and one-half hours reviewing the Highway
Annual Report which Mr . Parkin is going to give to the Board . He
then highlighted the report noting that Item No . l deals with salt
and sand used . He noted that in 1986 there was a substantial
decrease in the amount of salt used on Town roads , this is the
result of a directive from the Board to the Highway Committee based
upon a study done by a former Board Member , George Kugler . The
increase in sand offsets the decrease in salt used and is better
for our roads and consequently better for our vehicles . Item No . 2
deals with miles of roads that were paved and treated . If you
notice the amount of roads that were pave you will note that we
only paved a 1 . 52 miles and that is because we ran into
difficulties both in the Forest How Drive area and the Kay
Street-Orchard Street areas of the Town . Both areas are scheduled
for paving in next years highway program and are carried over from
this years program . The road mileage , Item No . 3 , is up we now
have 40 . 80 miles of road , we have 117 roads as opposed to 115 roads
that we had in previous years . The amount of oil for surface
paving is down , corresponding to the amount of paving and surface
treating the Town was able to do last year . You note Item No . 2 ,
the Town only paved 1 . 81 miles as opposed to 5 miles the previous
year and 6 miles the year before . The reason for that was that we
were involved in both the Burns Road project and Forest Home
reconstruction and the gabion wall project which took a great deal
of time , time our highway department would normally have been out
either surface treating or paving . These are Board decisions and
we have a small department , even though it will be bigger next year
based on the two new men we have added , it is still small and it
takes time to gear up to these type of projects . Item No . 5 , I
wish Bob were here to explain the amount of material that was
actually used in our paving projects . The significant number in
the 1986 highway report is the amount of crushed limestone that was
used which is 5 , 073 tons . That was used mostly for the Burns Road
project . The other major item was the hot mix 3 , 044 tons that was
• used in the washout at Forest How Drive . I asked about concrete
and cobble stone as we have never seen them in the year end report ,
both the concrete and cobble stone were used in the construction of
the gabion wall and the wall on Forest Hone Drive . The most
significant number in the entire report we feel , was the number of
overtime hours which was 651 in comparison to 531 the previous
year . That ' s substantially up , we had a lot of overtime related to
the Forest Home and Burns Road projects both of which we felt it
was important to keep the men on the job to get the amount of work
done during the crutial paving period so that we would be able to
do the other projects , the brush work , the limb work , tasks that we
Town Board 4 January 12 , 1987
should get done in a timely manner . The Personnel Committee will
be reviewing the overtime requirements and overtime views that the
Highway Department have set forth this week in their meeting , so
the amount of overtime will probably come down , we hope
substantially in the next year . If you look at Item No . 7 you
might ask how much does it cost the Town of Ithaca for gasoline ,
for unleaded fuel and for diesel fuel ? It cost the Town of Ithaca
51 cents a gallon for regular gas , 51 cents for unleaded gas and 70
cents for diesel fuel . We could get into the equipment repairs and
mileage but that was pretty much given to the Board in the
Engineer ' s and Highway Committee ' s Report that was given the end of
last year .
Parks Manager ' s Report
Supervisor Desch asked Rich Schock if he had any comments to add to
his written report .
Mr . Schock responded , he had no comments to add , basically as you
can see , we were cleaning up some odds and ends , minor brush work .
The lead item , the relocation of the Dewitt exercise trail , that we
hope to accomplish early on in the construction period this year .
Also , we expect to work out a formal agreement as to the
maintenance of the trail .
Supervisor Desch asked where was the new City water transmission
line going in relation to the reservior , roughly?
Town Planner Susan Beeners responded that it was going below
Commonlands . We just received the plan for that and haven ' t really
looked at it .
Councilwcman Raffensperger asked if the entrance or whatever it was
that was painted or knocked down up at Eastern Height on Holloween
been repaired?
Rich Schock responded that what we ended up doing was using
graffitty remover on a couple of different occasions to try to
remove it . It lightened it up quite a bit but you can still read
its
Councilman Cramer asked , in relationship to the Dewitt exercise
trail and its movement , why are you relocating it ?
Rich Schock responded that apparently it encroaches on the
apartment property to the north in the back for approximately 200
feet and included in that are a couple of the exercise stations .
Supervisor Desch remarked that it will be necessary to know what
the cost of the relocation will be prior to going ahead and doing
its
REPORT OF COUNTY BOARD OF REPRESENTATIVES
County Board of Representative Mary Call reported that the County
has been very concerned about the traffic light at Route 96 and the
• Hospital entrance . The State has agreed we really need it and that
it should be constructed early in their construction season , not
whenever they get to it , so it may be installed in July or August .
She noted that the first maps showing proposed sites for the
landfill are available for inspection , however , it is still being
refined . We are asking all municipalies to remain interested even
though a landfill may not be located in their Town as the DEC
approval will include a recycling component and may be the
recycling will be a County wide funtion , it is being looked at by
our Committee and some form of it may be needed to get the land
accepted to get cut down what goes into the landfill . Also , the
Town Board 5 January 12 , 1987
snow contract will soon be ready for distribution . The County
changed the law allowing the higher senior citizens exemption ,
which I see you are in the process of looking at .
Supervisor Desch asked if the new map had been sent to the Town?
Mrs . Call responded , in December it was requested that the map be
sent to the Town . It is the one that was printed in the Ithaca
Journal .
Bob Berggren stated that he had a question on the landfill , has the
Committee looked into any type of system for burning garbage ?
Mrs . Call stated that this was one of the next steps . She told Mr .
Berggren that if he is interested in what the Committee was doing
she would be glad to put him on the mailing list . Phase I involves
choosing a number of candidate sites for the landfill and Phase II
is looking into all the alternatives , whether its recycling ,
burning , transfer stations , bailing or whatever .
Councilman McPeak noted that Broome and Tioga Counties were about
to embark on a burning project . Now they cannot supply the total
tonage required . Is there any effort or anybody looking into the
possibility of trucking from here to the proposed Broome/Tioga
site?
Mary Call asked Councilman McPeak if he was talking about
cooperation with NYSEG or that new private one ?
Councilman McPeak responded the new private one , some man from
Pennsylvania .
Mrs . Call responded that we have been meeting with the four
Southern Tier Counties looking at all the possibilities . The
trucking costs have not specifically been updated since last looked
at in the late 170 ' s .
Councilman McPeak remarked that Broome County could not possibly
supply the tonage needed alone .
Mrs . Call responded that none of us can , that is why we have had
meetings with the Southern Tier Counties .
FINANCIAL REPORT
The December Financial Report is not ready , at this time , therefore
no action will be taken this evening .
ENCUMBRANCES AND TRANSFERS
RESOLUTION NO . 1
Motion by Councilman McPeak , seconded by Councilwoman
• Raffensperger ,
RESOLVED , that the $ 16 , 000 authorized borrowing by Burns Road
Capital Project from 1984 Sewer Improvement Capital Project be
repaid to allow the Sewer Capital Project to be closed , and
BE IT FURTHER RESOLVED , that Burns Road Capital Project be
authorized to borrow $ 13 , 000 from Drainage Capital Project to be
repaid upon receipt of final grant payment .
Town Board 6 January 12 , 1987
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
RESOLUTION NO . 2
Motion by Supervisor Desch , seconded by Councilman Cramer ,
WHEREAS , the 1984 Water Improvement and 1984 Sewer Improvement
Capital Projects have been completed ,
IT IS HEREBY RESOLVED , to closed these accounts as of December 31 ,
1986 , and transfer unexpended balances to the Debt Service Fund to
• be used for payment of principal and interest on the outstanding
Public Improvement Serial Bonds issued in May 1986 to finance these
Projects . The unexpended balance of the 1984 Water Improvement
Capital Project is $ 11 , 356 . 83 and the 1984 Sewer Improvement
Capital Project is $65 , 458 . 95 .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
RESOLUTION NO . 3
Motion by Councilman Cramer ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the 1986 Year End Transfers a copy of which are attached to the
minutes , amounting to Townwide Transfers of $ 15 , 637 . 33 ; Parttown
Transfers of $ 8 , 441 . 94 ; Highway Transfers of $ 35 , 466 . 53 ; Water Fund
Transfers of $ 562 . 65 , Capital Projects Transfers of $ 998 . 40 and
Federal Revenue Sharing Transfers of $5 , 790 . 92 .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none) .
RESOLUTION NO . 4
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the 1986 Year End Transfer of $ 63 , 000 to the Sewer Fund .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Supervisor Desch stated that the $ 11 , 200 proposed encumbrance in
the General Townwide for the Village of Cayuga Heights for the
Pleasant Grove Walkway should not be encumered .
RESOLUTION NO . 5
Supervisor Desch stated that the $ 11 , 200 for the Pleasant Grove
walkway to the Village of Cayuga Heights should not be included as
the project will be paid for over a four year period , one payment a
year , starting the year the project is completed and accepted .
Motion by Councilman McPeak , seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the 1986 Encumbrances ( list attached) excluding the $ 11 , 200 to the
Village of Cayuga Heights .
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1986 Encumbrances
GENERAL TOWNWIDE
A3310 . 400 Ithaca Agway. Farm Store 234914
A3310 . 400 Ithaca Building Center 163 . 69
A3310 , 400 Capital Highway Materials 294 . 40
A5132 . 412 Stearns & Wheler . 59000 . 00
• V .
TOTAL 169892 . 23
r-.
GENERAL OUTSIDE VILLAGE
B7140 . 202 Maple Leaf Farms 19841 . 40
B7140 . 202 Maple Leaf Farms 42 . 00
B7140 . 402 Ithaca Building Center 543 . 39
B7140 . 402 Park Seed Co . 161995
B7140 . 402 Kurt Bluemel Inc . 398 . 85
B7140 . 402 Cayuga Signs 144900
B7140 . 402 - Cayuga Landscape 100000
B7140 . 402 White Nurseries 200900
B7140 . 402 Printer Gallery 370 . 00
B7140 . 402 Cornell University 340 . 00
B8020 . 200 Action Audio 111 . 85
B80209400 Acrographics 231 . 66
B802Oe4OO Cornell University 300 . 00
TOTAL 4 , 785 . 10
HIGHWAY
DB5110 . 451 Ithaca Agway Farm Store 8008
DB5130 . 200 Charles J . Blackwell 7 , 000 . 00
DB5130 . 200 Spencer Ford Sales Inc . 343, 317 . 51
DB5130 . 460 Crispell Automotive Inc . 21009 . 10
DB5130 . 460 Ames Southern Tier 40 . 97
DB5130 . 460 William T . Pritchard Inc . 12 . 32
DB5130 . 461 RAK Industries 89 . 99
DB5140 . 400 Ithaca Agway Farm Store 18 . 79
DB5142 . 450 Agway Petroleum 133 . 61
DB5142 . 450 Agway Petroleum 4 . 00
TOTAL 43 , 634 . 37
WATER
F8340o470 Badger Meter Co . 300 . 00
F8340 . 470 Jones Water Supply 200 . 00
F8340o470 Jones Water Supply 1 , 100 . 00
F8340 . 470 Ithaca Wnolesale Supply 209 . 00
F8340 . 470 Jones Water Supply 200 . 00
F8340 . 470 Corrpro Companies 1 , 425 . 00
F8340 . 470 Ingrahm Construction 19018 . 78
F8340 . 481 Louis Picciano Sr . Corp .. 102800000
TOTAL 15 , 252978
1986 Encumbrances
FEDERAL REVENUE SHARING
CF5130 . 200 Charles J . Blackwell 102000600
CF8340 . 480 Cornell University 300 . 00
CF8120 . 483 Cornell University 300 . 00
TOTAL 101600 . 00
CAPITAL PROJECTS r .
H5110 . 200 Cornell University 12250 . 00
Town Board 7 January 12 , 1987
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none) .
ASSISTANT TOWN ENGINEER
RESOLUTION NO , 6
Motion by Councilwoman Howell ; seconded by Supervisor Desch ,
Councilwoman Raffensperger asked where the decision came from that
a four year degree was not necessary for this position?
• Town Engineer Flumerfelt stated that his thinking in drawing this
up was that this was to be a rought draft of the Assistant Town
Engineer job description and my thinking on this was to place the
educational background and experience somewhere in a category
somewhat between that what would be required for the Assistant to
the Engineer and the Town Engineer . A medium ground so to speak
and I though after three years of education in a university or
college course leading to a degree in civil engineering that the
educational backgound would be a sufficient requirement for the
Assistant Engineer ' s duties . It could be argued either way .
Supervisor Desch responded that normally this procedure would come
before the Personnel Committee and it ' s certainly appropriate to do
in this case , however , as you know, during the interviewing process
we felt that it was relatively urgent matter to move forward so if
it ' s the pleasure of the Board to suggest that the education
requirement be a four year bachelor degree , I think it ' s
appropriate . Of if there is sufficient question in your mind of
any other aspects , it ' s certainly better to look into it further
before you decide .
Councilman Cramer stated that he had a question on the need , but it
has been determined that there is in fact a need for this postion .
I obviously have a concern as to the parameters of the budget as it
relates to the amount of money available for this position . Also ,
I have a feeling the Personnel Committee , since it is meeting this
week , will review this document and give it a little more
direction , since it is a draft document and really was not intended
for Board review at this particular junction of time .
Supervisor Desch responded that the money for the position is
available in the budget .
Councilman McPeak stated that he would like to see the four years
education requirement . It give a little more flexibility . Then
the person is able to pursue a PE license without further problems .
Councilwoman Raffensperger suggested to make it consistent , make it
two year degree with two years of experience .
Supervisor Desch felt the Board should either go with the four year
requirement or if you leave it two year college and talk about two
years experience it ' s not necessarily going to be equivalent . If
Your talking about what Councilman McPeak is taking about a PE , two
year of college and two years experience is not going to get you
that , probably , except in a very special case .
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the job description for the position of Assistant Town Engineer ,
within the parameter discussed of requiring a four year bachelors
degree , and authorize the placement of an advertisement in the
newspaper for the position .
Town Board 8 January 12 , 1987
(Desch , McPeak , Raffensperger , Howell and Leary voting Aye . Nays -
Cramer) .
SET DATE FOR PUBLIC HEARING TO CONSIDER REZONING OF CERTAIN
PROPERTY ON DANBY ROAD
Supervisor Desch noted that these are basically single family
residents on Danby Road that petitioned this Board to be rezoned
back from Multiple Residence to R-9 . This does not include the
parcel that the Planning Board is considering for the thirty family
multiple housing project .
RESOLUTION NO . 7
Motion by Supervisor Desch , seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 6 : 30 P .M . , on February 9 , 1987 to
consider the rezoning of Town of Ithaca Tax Parcels No . 6-43-1-7 ,
6-43-14 , 6-43-1-9 and 6-43-1-10 , located on Danby Road from
Multiple Residence District to Residence District R-9 .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
OPEN SPACE LAND - RICHARD G . AND THERESA L . BERGGREN
Supervisor Desch noted that the Board had a draft deed on the
Campton Road property relating to the subdivision approved by the
Planning Board with the set aside for park land which you have
seen . The basic question is whether or not the Town Board wished
to take title to this piece of property now understanding that the
Planning Boards intention was that perhaps it was not needed by the
Town right away but that there be some provision whereby Mr . & Mrs .
Berggren could use the park land until such time as the Town chose
to develop it .
Town Attorney John Barney stated that in general this was right .
Mr . Barney showed on a map a piece of land in the corner .
Originally this was going to be subdivided and further subdivided
in stage II , then this land would be set aside for park land . Now
Mr . Berggren has cane in and the Planning Board has approved no
further subdivision of what is stage II . Normally we would not
have brought this park area to you until we had gotten through the
entire subdivision but now it appears that stage II will remain one
big lot , the question is do we take title to this property now or
do we do it later . If we do it later and it ' s principally my
concern , is that it is going to fall through the cracks and it will
never be done . The Planning Board did specify that there was to be
a set aside of the corner piece there . The problem I have with the
deed , and there was some discussion what was going to happen to
that land , we don ' t want it for a park right now. Number one there
is not sufficient volume of people there to use as a park and
Number 2 the maintenance and keeping it up for what would be the
mini= usage of it doesn ' t make much sense . The piece is about an
acre and one-half and could be combined with other adjoining land
to be set aside from future developments in that area . We also
need to get a right-of-way to it . The deed that canes to us from
Mr . Berggren ' s attorney has a provision in it for the Town if it
wants to accept the deed at this time and terms for which that
acceptance is going to occur . The language that was presented I
had a legal problem with from two aspects . If you look at the deed
it reserves to Mr . and Mrs . Berggren together with their assignees
the right to use the land until the time the Town uses it for park
Town Board 9 January 12 , 1987
or other purposes . I don ' t think I have too much concern with the
reservation to the Berggrens , but I am beginning to have
reservations with the word assignee because it does not limit the
assignees or who they might be or under what circumstances they
might occur . The other item that I don ' t think we have in very
many of our other of our deeds , is the reversion of the property to
the Berggrens or their assignees if we no longer use it as a park
purposes .
Supervisor Desch suggested that the paragraph be removed and the
land be leased to the Berggren ' s .
The Town Attorney stated that he agreed . Some sort of license be
• given to the Berggren ' s .
Mr . Berggren stated that he had a problem with that because when I
originally came to the Town with the original plan for stage I and
II , Peter Lovi , who was here at that time , indicated to me several
times that we would be able to retain possession of this property
as open space . We had to set this open space aside nothing could
be built on it but we could keep possession of it for our own use
and then in the transfer of Peter leaving and Susan caning in , in
fact in the minutes of final subdivision approval of stage I and
preliminary of stage II there was no requirement that that open
space be deeded to the Town . It ' s only in transfer of personnel
that then they decided they wanted the open space . So , I guess
really I have a problem with that . I really don ' t want to give up
the property , I had been led to believe that I was going to be able
to keep it and of course I do have a horse , my wife has a horse and
she keeps it there to pasture . So if I agreed to deed it to the
Town with the condition that I was able to continue to use it for a
pasture until the Town wanted it for a park .
Councilwoman Raffensperger remarked to the Town Attorney that this
was not in dispute was it ? You are not concerned with the
Berggren ' s using the property?
The Town Attorney responded , no . I 'm concerned about how the
mechanics of that ' s going to be implemented . Mr . Barney went on to
say that there is no question that the subdivision regulations
require a set aside of land and that set aside is normally in the
form of a conveyance to the Town , a complete conveyance to the
Town . I don ' t know what Mr . Lovi may or may not have agreed to but
the last word from the Planning Board was that they were looking
for unequivical deed .
Mr . Berggren remarked , yes they changed .
Mr . Barney responded , when you changed your program .
Mr . Berggren responded yes when I changed my program from dividing
into four lot to one so if anything it should have lessened the
requirements rather than increase . Another thing since I am giving
it unwillingly , and I am really giving it unwillingly , that ' s why I
felt that if the Town decides that it doesn ' t want to use it and
® wants to dispose of it , it should go back to either myself of my
assignees , in other words , my heirs , my children or whoever might
be at the property at the time because it does connect to my
properties .
Councilman Cramer asked , how far along are we in the Planning Board
review of this project ?
Supervisor Desch responded , it is done , completed .
Town Board 10 January 12 , 1987
Town Attorney stated that they are at the point where a building
permit could be issued for construction on what is stage II , the
big piece subject to the resolution of this question .
Supervisor Desch stated that it sounded to him like we should take
this paragraph out but with the understanding that we would
consider a lease agreement with the owners .
RESOLUTION NO . 8
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby directs
• the Town Attorney to prepare , and the Supervisor to execute a lease
agreement giving Mr . & Mrs . Robert Berggren , 136 Compton Road use
of the proposed park land until such time as the Town of Ithaca
wishes to develop said land for park purposes .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER LOCAL LAW ON THE REZONING OF A PORTION
OF THE LANDS OF THE FORMER GRAND LODGE AND FORMER INFIRMARY OF THE
INDEPENDENT ORDER OF ODD FELLOWS LOCATED AT 1251 TRUMANSBURG ROAD
Proof of posting and publication notice of a public hearing to
consider a local law on the rezoning of a portion of the lands of
the former Grand Lodge and former Infirmary of the Independent
Order of Odd Fellows , (more recently the lands of Statler , West -
Cornell University) located at 1251 Trumansburg Road , Tax Parcel
No . 6-24-3-3 . 2 , from Residence District R-30 to Special Land Use
District (Limited Mixed Use ) having been presented by the Town
Clerk , the Supervisor opened the public hearing .
A man in attendance asked what Mr . Mayer proposed to do with the
property , we ' re in the dark on it?
Mr . Mayer responded that the intent in purchasing the property by
Joe Ciaschi and the Mayer School from Cornell University and the
original Grand Lodge is to be used for the Mayer School . The third
floor of the Grand Lodge , which is not acceptable for use as a
school because of no fire escapes , we would prefer to use as an
apartment for the caretakers . For the infirmary , the building
immediately adjacent to the Grand Lodge , Mr . Ciaschi proposes to
put purely professional offices in there , such as stockbrokers ,
medical offices and this sort - art gallery . One of the people who
has contacted him is interested in an art gallery .
The man in attendance asked if this constituted the rest of the
land way down behind?
Supervisor Desch responded no . There is a map showing the parcel
involved , 10 . 2 acres .
• Mr . Mayer stated that it was primarily the land around the
buildings and up to Trmmansburg Road .
As no one else present wished to speak , the Supervisor closed the
public hearing .
Councilwoman Raffensperger asked if all the restrictions included
in the Planning Board resolution were in in the Town Board
resolution?
Town Planner Susan Beeners responded , yes .
Town Board 11 January 12 , 1987
RESOLUTION N0 , 9
Motion by Councilwoman Raffensperger ; seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby declare
a negative declaration of environmental significance for the
proposal of Joseph Ciaschi and James Mayer , located at 1251
Tr u ansburg Road , subject to conditions imposed by the Town of
Ithaca Planning Board .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none) .
LOCAL LAW NO . 1 - 1987
Motion by Councilman Cramer , seconded by Councilwoman Howell ,
LOCAL LAW NO . 1 - 1987
TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE
DISTRICT (LIMITED MIXED USE) AT THE FORMER COR U LL UNIVERSITY
STATLER WEST COMPLEX
The Zoning Ordinance of the Town of Ithaca as readopted , amended ,
and revised effective February 26 , 1968 , and thereafter further
amended , be further amended as follows :
1 . Article II , Section 2 of the Town of Ithaca Zoning Ordinance
be and hereby is amended by adding to the permissible districts
itemized in said section a district designated as "Special Land Use
District No . 4 " .
29 The uses permitted in Special Land Use District No . 4 are :
(a) any use permitted in an R15 residence district ;
(b) professional offices , such as medical offices and
laboratories ( subject to the further provisions stated
herein) ;
(c ) art gallery
(d) up to two residential apartments .
3 . Notwithstanding the foregoing , no uses otherwise permitted
shall be allowed in such district if the uses produce offensive
noise , odors , smoke , fumes , vibration , glare , electronic
interference , radiation , or if the use involves substances or
devices that may cause harm due to their hazardous nature . No uses
shall be permitted if not pursuant to and consistent with a unified
plan for the entire Special Land Use District as the same may be
initially approved by the Planning Board and subsequently amended
with the approval of the Planning Board .
4 . Any use in this district shall be governed by all of the
requirements , including parking , sideyards , setbacks , building
coverage , accessory uses , and similar requirements , of the most
restrictive district (other than this Special Land Use District
(Limited Mixed Use ) ) in which such use is permitted by other terms
of this ordinance .
5 . In addition to the requirements and restrictions imposed by
any other district , there shall be no new construction in this
Special Land Use District unless and until all of the requirements
Town Board 12 January 12 , 1987
of this ordinance have been complied with and , in addition , the
following requirements to the extent not required by other
provisions of this Ordinance :
( a) The exterior design , specifications , and plans for the
buildings and other improvements to be constructed on the
premises and the development of the grounds and
construction of all outside facilities including lighting
and signs shall have been shown on a final site plan
approved by the Planning Board , and any construction
thereafter shall be in accordance with said site plan as
finally approved . In determining whether or not to
approve the site plan , the Planning Board may employ the
• same considerations it would employ in approving a site
plan pursuant to Sections 46 and 78 of this ordinance .
(b) Building permits shall be required for any construction ,
including construction of signs and outdoor lighting
facilities . Such permits shall not be issued until the
Planning Board has approved the design and specifications
therefore .
(c ) No new construction and no additional occupancy of the
existing buildings in this Special Land Use District
shall be permitted if the Planning Board , in it
discretion , determines that present arrangements for
on-site parking are inadequate until sufficient on-site
parking spaces are provided in an amount required by the
Planning Board up to the maximum required by the most
restrictive districts for which each use would be
governed but for the existence of this Special Land Use
District .
(d) Any construction for which a permit is granted shall
comply with all applicable laws , codes , ordinances , rules
and regulations .
6 . The area encompassed and rezoned in accordance with this local
law to Special Land Use District No . 4 is described in a Schedule A
to this local law . THe Official Zoning Map of the Town of Ithaca
is hereby amended by adding such district at the location
described .
7 . In the event that any portion of this law is declared invalid
by a court of competent jurisdiction , the validity of the remaining
portions shall not be affected by such declaration of invalidity .
8 . This law shall take effect 20 days after its adoption or the
date it is filed in the Office of the Secretary of State of the
State of New York , whichever is later .
Supervisor Desch called for a roll call vote .
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No . 1 - 1987 , was thereupon declared duly adopted .
SET DATE FOR PUBLIC HEARING TO CONSIDER INCREASE ELDERLY FXEMPTION
Town Board 13 January 12 , 1987
RESOLUTION NO . 10
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 6 : 45 P .M . , on February 9 , 1987 to
consider an increase in the elderly exemption .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
ANNEXATION
Town Attorney John Barney stated that the annexation under
consideration is the annexation by the Town of the property
presently in the City and almost simultaneously the annexation by
the City of the property now located in the Town . We need a survey
of the land proposed to be annexed as the boundaries are not clear .
RESOLUTION N0 , 11
Motion by Supervisor Desch , seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the Town Attorney to obtain the services of a surveyor
to survey the properties to be annexed to the Town of Ithaca at a
cost not to exceed $ 2 , 000 .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
RESOLUTION N0 , 12
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize that a notice , per General Municipal Law procedures , be
given to the appropriate taxing entities on the proposed
annexation .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
ASSOCIATION OF TOWNS MEETING
RESOLUTION N0 , 13
Motion by Councilwoman Raffensperger , seconded by Councilwoman
Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
designate Councilman McPeak 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 18 , 1987 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 , Councilman Bartholf has been designated to cast the
vote of said Town .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
Town Board 14 January 12 , 1987
TOWN OF ITHACA WARRANTS
RESOLUTION NO , 14
Motion by Councilman Cramer ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated January 12 , 1987 , in the
following accounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 93 , 343 . 84
General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 37 , 202 . 59
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26 , 810 . 93
• Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29 , 977 . 88
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 512 . 44
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 07
Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . $ 5 . 85
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION N0 , 15
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Bolton Point Warrants dated January 12 , 1987 , in
the Operating Account are hereby approved , in the amount of
$ 71 , 256 . 97 after review and upon the recommendation of the Southern
Cayuga Lake Interco micipal Water Commission , they are in order for
payment .
(Desch , McPeak , Raffensperger , Cramer , Howell and Leary voting Aye .
Nays - none ) .
PUBLIC HEARING TO CONSIDER A LOCAL LAW ON THE REZONING OF A PORTION
OF THE LANDS OF PAUL A . JACOBS , LOCATED AT 136- 146 SEVEN MILE DRIVE
Proof of posting and publication of notice of a public hearing to
consider a local law on the rezoning of a portion of the lands of
Paul A . Jacobs , located at 136-146 Seven Mile Drive , Town of Ithaca
Tax Parcel No . 6-33-2-2 and a portion of Tax Parcel No . 6-33-2-1 ,
from Residence District R-30 to Residence District R-5 (Mobile Hone
Park District) having been presented by the Town Clerk , the
Supervisor opened the public hearing .
Supervisor Desch stated that he would start by asking if there are
any specific questions on the part of any persons on the matter of
the Environmental Assessment which has been prepared and previously
reviewed and also previously determined to be a project of negative
significance . The recommendations of negative significance was
reaffirmed by the Town Planner on December 2nd . Does anyone have
• ant specific question about the way the Environmental Assessment
Forms have been filled out? Any particular questions on one aspect
of that or another? If not , we will proceed to ask if there is
anyone here wishing to speak in favor of or against the revised
development proposal . Does anyone have any questions as to how the
current proposal compares to the original proposal ? Are there any
specific questions on that? Since there is no response , I will
then ask if there is anyone here who wishes to express concern
about the recomTiendation that the Town Board has before it from the
Planning Board .
Town Board 15 January 12 , 1987
William Seldin , Attorney asked , you mean with respect to rezoning?
Supervisor Desch responded , right .
Mr . Seldin stated that he thought at this point Paul Tavelli was
going to lead off and that he would follow with some brief
comments .
Paul Tavelli , Attorney noted that just briefly he was going to pin
this map up which again I would like to be an exhibit before the
Board . He stated that again he would like to introduce himself as
Paul Tavelli and along with Bill Seldin we represent a number of
neighbors in the vicinity who are opposed to the rezoning .
Basically our clients are shown in red ( on the map) . Basically the
proposal is the white area here (Jacobs ) and the white area down
here is owned by the Town of Ithaca . So they obviously are not our
clients . But the rest of the area in red are our clients and again
we are going to file a petition with the Board which is signed by
at least 20% of the people who own contiguous areas which under the
law then requires that a vote of this Board be six affirmative
votes to approve the rezoning . I see you only have six members
here instead of seven so it requires a six - zero vote . And again
speaking as an Attorney I believe this proposal to be spot zoning
at its very worst . Now John Barney can fill you in on what spot
zoning is and what it isn ' t but obviously by the very looks you are
taking one small parcel in the middle of an area owned by one
person and rezoning it and to me that is textbook spot rezoning .
Which the courts , in my opinion , and I think John can discuss it
with you later if you ask , that is improper unless you ' ve had
comprehensive planning to go along with it .
Supervisor Desch asked if he could interupt for one second , he then
pointed out that there were available seats for those people who
were standing .
Mr . Tavelli then went on to say that the type of planning that
would have to go along with this would be two fold . One is ,
planning with respect to where mobile hone parks should be placed
in the Town of ithaca . Now I was given many , many months ago a
draft of what was reported to be a study with respect to mobile
hone parks in the Town of Ithaca . I haven ' t been able to get a
final of that draft . Back in October I wrote the Town and asked
for a final draft . Just let the record show that I am filing my
petition with the Clerk , also . But I maintain to this group that
this is really spot zoning in it ' s very worst when you take one
mans parcel , one persons parcel in the middle of a zone , rezone
that and have no other planning for all the area surrounding that
particular parcel , that ' s textbook , law school spot zoning which I
would contend is absolutely improper . Now , obviously these
hearings have been going on for months and months and months , they
keep getting smaller and smaller but I would ask a show of hands
for how many people are here fron the neighborhood opposed to the
particular project? He went on to say , after counting , that the
record would show at least 10 opposed to the particular project .
Mr . Tavelli noted that obviously these hearings go on and on and
sometimes people win these things by attrition , people get tired of
coning to the particular meetings . I have talked to most of the
people in the " red" area and they are still adament about concerns
to their water and sewer supplies , and to traffic and they still
have all these concerns that they don ' t feel have been addressed .
I believe my partner Bill Seldin has someone here tonight that can
address som of those concerns . We really don ' t feel the Town has
addressed those problems satisfactorily .
Town Board 16 January 12 , 1987
William Seldin introduced himself noting that he was co-counsel
representing the residents in the community that are opposed to the
proposal . He then asked the Supervisor if he was corrent in
understanding that their previous comments and concerns that . have
been made during prior hearings are still a matter of record with
respect to this?
Supervisor Desch responded , yes .
Mr . Seldin went on to ask , then there was no sense in reinterating
anything?
Supervisor Desch responded that would be appreciated unless you
• have new information .
Mr . Seldin stated that the new information they intended to
explore , I hope will be most helpful to this Board in the
considerations with respect to the proposal , have to do with the
impact of the water supply and the utilization of water in the
project . Time and again I have gotten up before this Board and I
have stated on behalf of the residents that there are genuine
concerns with respect to water and sewer , particularly with respect
to water that we feel have not been adequately explored by way of
testing or otherwise . I think at prior proceedings , Larry Fabbroni
indicated that in his judgement this had been accomplished and we
went back and forth and finally again at the last Planning Board
meeting it was suggested to me by John , I believe , that it was an
appropriate issue to be addressed by somebody with some expertise
in the field . John , I am here tonight to tell you that I heartly
agree with you . And the last time I got up I stated that with an
expert looking into the situation perhaps we would know one way or
the other . He stated that he was pleased to introduce tonight ,
Marjorie Rinaldo Lee , who is with the firm of Empire Thompson , they
are hydro geologists and her expertise and background consists of a
B . A . in geology from Mount Holoyoke , a Master of Science in geology
fran the University of Wisconsin , Water Resources Management , again
an M . S . from the University of Wisconsin and on top of that
education she has eight years in the field , pratical work
experience , three of which occurred in the State of Wisconsin and
of course most recently , five years in Tompkins County . We have ,
prior to tonight , requested Marjorie to address specifically
whether or not the testing that was accomplished was adequate to
determine whether or not any of the adjacent property owners should
have concern and I should preface Marjorie ' s remarks by saying
quite candidly that it was something of a gamble on our part but it
would lay to rest once and for all , our concerns .
Marjorie Rinaldo Lee stated that the residents had asked her to
look at the questions concerning wether there was enough water in
the area to supply hones , but really what they were really
concerned about is whether pumping from a new well would have any
impact on their homes because there had been historical water
problems in the area with wells going dry so this was a legitiate
concern of theirs that if there was a new water supply developed
with more water being pumped out what impact would that have on
• their wells . In looking at this issue , the data I had to review
was a test done by Mr . Roger Howell who is a well driller in the
area . He ran a test on the well that is being proposed and beyond
that I had a copy of the map that Mr . Albern prepared of the
proposed site to review and various letters between the engineer
which didn ' t have as much to do with what I looked at as the test
that was run by Mr . Howell . Before I go on explaining what my
conclusions were on this test I will explain a little bit about
wells , well hydraulics and how they work . When you pump a well ,
what happens is in order to get the water there is usually what
they call draw down in the well . The static water surface drops in
Town Board 17 January 12 , 1987
the well when you withdraw the water and when it drops in the well
it also drops in the areas near by the well . So if you have a well
that ' s near the well being pumped you can measure drop in that well
also . This drop will extend in a form geologist call cone of
influence , it ' s a cone area that ' s influenced . In order for
geologists to determine how far this will extend , whether you would
have a cone of influence fran a well , normally one runs a pumping
test and these pumping tests consist of pumping a well for at least
24 hours and then you have to monitor wells adjacent to the pump
well to see how much it drew down and then you have to take
measurements periodically during the time that you run the tests so
that you can extend the data that you collect for a long term pump
test and if you don ' t do it this way then you will have one point
measurement and you can ' t say I pumped a well for 10 hours and got
this much draw down , you don ' t have enough data to say if I pump a
well for a year what ' s the draw down in that well going to be and
how far is it going to extend . What they did here ( I have a little
diagram that shows the cone of influence ) when you pump a well the
well pumping is going to have the most draw down and the areas
adjacent , there will also be some draw down but not as much . It
all depends on how far this cone will extend and that depends on
how much you are going to pump out of the well and the type of
material that you ' re pumping out of . In the well test that was run
by Mr . Howell , they ran it for a little over 24 hours , it was for
probably 28 . I guess , it ran from ten in the morning , one morning
to twelve noon so that would be 26 hours the next day . They
measured 30 ' of draw down and they pumped at 10 gallons per minute
but there wasn ' t a continuous record . In a normal well test you
take measurements , in the beginning every minute then you decrease
them to every five minutes over the twenty-four hour period .
Eventually every half-hour and you have at least two other wells
that you can tell how far this cone is going to extend . well , in
this test , there was only that one well they pumped . They measured
the draw down but there just isn ' t enough data to extend that line
and say well if I pump that well at an average rate of 16 gallons
per minute , which is what is proposed , for continuous rate , how
much draw down is there going to be ? There certainly is going to
be more than 30 ' of draw down in that well because they only pumped
it at 10 gallons per minute which is a lot less than 16 , a little
more than one and one-half times . So there is definitely going to
be more draw down in that one well than what they got from the pump
test . The extent , how far it ' s going to influence other wells in
the area wasn ' t known and there are three private wells that are
within 1000 feet , probably within 800 feet of this well . Mr .
Josselyn ' s well is near by , and Sheldrake ' s have two wells that are
fairly close by . And so after looking at this data , my conclusion
was that there just wasn ' t enough information to say how far this
cone of influence would extend . Whether it would draw off the
water levels in the private wells nearby and even whether there
would be sufficient water to maintain the 16 gallon per minute
yield over the long tern .
Mr . Seldin then asked Ms . Lee to address one other thing , what kind
of testing would you consider to be appropriate given the proposed
rezoning that would allow the additional units and what you ' ve seen
of the engineering drawings ?
Ms . Lee stated that what you do is a traditional pump test which
would be to pump that well but then to also drill some wells near
by that you could take some measurements in the same time that you
Pump the well . You ' d have to pump the well for twenty-four hours
at a minimum . Often they run for 48 hours continuously at a rate
higher than the rate you plan to pump it so it would probably be at
least 20 gallons per minute and then you want to take measurements
in the wells nearby . You have to have at least two wells that are
Town Board 18 January 12 , 1987
placed nearby . And that ' s the traditional way of determining how
far the cone of influence will extend .
Supervisor Desch asked Mr . Albern if he would care to comment .
Mr . Albern responded that he would like to incorporate his comments
in his entire presentation .
Mr . Seldin asked what was the depth of the other three wells which
are in that 1000 ' radius ?
Ms . Lee responded , I know that the well that was tested was 230
feet deep , I don ' t know how deep the other ' s are . That ' s
apparently a gravel well .
Mr . Seldin asked if any of the members of the Board had any
questions of Ms . Lee and secondly he would like to hear what Mr .
Albern has to say in conjunction with what Ms . Lee has said and
perhaps Ms . Lee to react to whatever comments Mr . Albern has .
Supervisor Desch asked if there were other points that persons here
would like to make in opposition to the project that either we
haven ' t hear before in relation to traffic , drainage , sewage , so on
and so forth or what we just heard?
Eleanor Sturgeon , 718 Elmira Road stated that she has lived in the
area for almost 35 years now . The valley is plagued by water
problems . My neighbors brought in a well driller who drilled a new
well that was rendered useless in a very short period of time by
quicksand . There was no water , they brought up quicksand .
Supervisor Desch asked Ms . Sturgeon how far away was it from this
proposed well ?
Ms . Sturgeon responded , probably within a quarter of a mile . A lot
of wells close by are in real trouble . They are all within that
shaded area . I don ' t see how in good conscience you can grant the
right to bring in that many families in an area where the water
situation is so fragile where there is no sewage preparation where
there is no fire protection , that ' s bringing in fifty families , I
don ' t see in good conscience how it could be granted because in
today ' s society , when you know there is a problem , you could be hit
by a suit because knowing , having these facts brought before you ,
you can be hit by a suit for permitting such a heavily settled area
in an area where there is no public water , no public sewage and
where there is no public fire protection that is effective for such
a thickly settled area .
Don June , who stated that he was in the fire department for 28
Years and that he also was a fire inspector stated that what he was
about to say had no bearing on the Ithaca Fire Department . He went
on to say that he used to live at 738 Elmira Road right across from
Eleanor Sturgeon and we had no water there for two year at all . As
she stated , it was just quicksand . As far as fire protection is
concerned out there , what source is there in that area? For
• instance , I drove a diesel pumper that pumped 12 , 500 gallons per
minute . Now is there any source of water that could maintain that
pumper? He asked if anyone had an answer to that ? Now if you were
to attach to a City hydrant , if you ' ve got a dead end hydrant
there , you ' re going to pull that water away from the hydrant faster
than it can produce it . If you want extra help you ' ve got to call
for volunteer companies , tankers may be from Enfield , Newfield .
They are not in the station like we were , they ' re not going to be
there fast . So what do you do for water? If I should drop a
suction hose in that well I could pump dry that thing just like
that , with a 12 , 500 pumper .
Town Board 19 January 12 , 1987
Mr . William Albern stated that he would just like to back up and
kind of review a lot of things , instead of just fire or just water
or what have you . Basically , we made some changes to the drawing
since our last presentation to this Board . And this wole thing , as
you well know , has been approved by the Planning Board . We changed
the shrubbery , the shrubbery is now in a better location to meet
your Town ' s requirements to better shield the project from Route
13 . The road has not changed , but I gather there were questions ,
the road surface meets Town road specifications , not a reduced road
from a normal surface road .
Supervisor Desch remarked , even though it won ' t be a Town road .
Mr . Albern responded , even though it isn ' t to be a Town road , yes .
Mr . Albern went on to say that there are turn arounds , three of
them in the project for trucks , garbage , fire , what have you . From
the fire protection standpoint , the Town of Ithaca has ten tankers .
Supervisor Desch responded , the Town doesn ' t have any tankers .
Mr . Albern responded , somebody has tankers available , the City of
Ithaca .
The response was no .
Mr . Albern stated that he had called the City of Ithaca Fire
Department and they said they had 500 gallon trucks .
Someone in attendance remarked that these were booster tanks .
Mr . Albern acknowledged that his terminology was wrong . But the
City of Ithaca has a number of trucks which have 500 gallon tanks
on them , they have one truck which has a 1000 gallon tank on it . A
typical hose stream is 250 gallons . That may be high , let ' s assume
a 100 gallon hose stream , a 100 gallon per minute , so a 500 gallon
tank you ' ve got five minutes of flow . In a 1000 gallon tank you
have ten minutes of flow from a 100 GPM hose . If this development
were private residents , each resident would have its own well and
the City of Ithaca would have to provide fire protection . The
project includes 12 , 000 gallons of storage , there are two 6 , 000
gallon tanks as part of the project . So you have up to 12 , 000
gallons of water available . There is a fire department connection
included as part of the project .
Councilman Cramer asked if it was a gravity feed standpipe ?
Mr . Albern responded , gravity feed , it is not a fire hydrant . It
is not a fire hydrant on purpose . It is not a fire hydrant because
a fire hydrant implies municipal water , we do not have municipal
water . But we ' ve got up to 12 , 000 gallons of storage so a 100
gallon hose can last two hours . That is one heck of a lot more
water than you have from a truck going up there .
Supervisor Desch asked , what do you expect when all of the units
• have been put in place will be the average GPM domestic usage?
Mr . Albern responded that 60 gallons per minute is peak so average
is 8 gallons per minute .
George Sheldrake , Seven Mile Drive stated that Mr . Albern had his
numbers a bit mixed up there . 100 gallons a minute is what your
fire hose i
PAP? s supposedly pumped . What rate does the fire pumper
Mr . Albern responded what does your hose consume ?
Town Board 20 January 12 , 1987
Mr . Sheldrake stated that they had garden hoses at the farm that we
water with that run 30 gallons a minute out of a garden hose . You
are talking , what rate per minute did you say your pumpers pump?
Mr . Sheldrake then asked Mr . June wate rate did you say your
pumpers pump?
Mr . June responded , the pumper itself will pump 1250 GPM , that ' s
the pumper itself .
Mr . Sheldrake noted that this would be less than a minute .
Mr . Albern responded , you ' ve got 9 minutes of pumping fran this up
• to 12 , 000 gallon capacity . The fire truck has only 500 gallons on
it .
Mr . Albern continued , noting that the well test report information
is now on the drawing . Well No . 1 was reported by George Howell as
Ms . Lee so aptly reported 14 , 400 gallons . Well No . 2 was 24 , 480
gallons , a total of about 39 , 000 gallons per day capacity fran the
wells . I agree with everything Ms . Lee said . I had a very very
interesting conversation with George Howell over the weekend .
George Howell told me that he has done many many wells in the area
and there are two situations , as Larry Fabbroni told the Planning
Board . This is an old lake bed area . If you are in gravel , George
tells me , and if you go down 200 feet you have all the water you
want . It ' s like the Cortland Valley . Two miles south of this I
have a client who dug a well , got down far enough , has a 78 gallon
per minute artisian well . I don ' t think anybody in the County has
ever seen anything like this , I know John Andersson has not . What
that well driller did , he put a 2 " pipe on top of their well , came
up about so far , put a horizontial piece out and the water spurted
from here to the wall , out of a 2 " pipe . What George Howell is
saying , is that there are outcroppings of rock in the area . If you
hit an outcropping of rock anything can happen , you may get water
you may not get water . The other thing that happens is that people
who are not in the gravel dig down , get two or three GPM and quit
at 70 ' . They have not reached the old lake bottom, the acquifer .
But if you get down to 200 feet you get down to the lake bed
acquifer you have all the water you need , I ' m told by Howell and
this makes a lot of sense from what I ' ve seen . It agrees with what
Ms . Lee says , she mentioned the type of soil that you are dealing
with . Here you are dealing with gravel , you have a high
permeability which is a key factor in the draw down equasion and
the cone that she is talking about .
Mr . Albern stated that he had two more points . The owner has
elected to reduce the density of the park by two more units . There
are eight existing mobile hones here , one of which is over 30 years
old I think . Those eight units will be replaced by four , as well
as moving a unit and moving another one back so that you get your
thirty foot separation . So the mobile home park will wind up with
52 mobile hones eventually , not the 56 originally shown and not the
54 requested by the Town Planning Board . He went on to say that
the last item he wanted to mention was that they have the approval
of Mr . John Andersson at the Health Department , as the Town had
requested . The project is fully approved by the Health Depart=ment
of Tompkins County .
Supervisor Desch asked if there were any questions .
William Seldin responded that Ms . Lee would like to respond in part
to sane of the things Mr . Albern addressed .
Marjorie Rinaldo Lee stated that what she would like to say is that
she agrees with Mr . Albern that in general geology , we do have a
Town Board 21 January 12 , 1987
gravel aquifer , that is true , however the test results don ' t
indicate that in this well that was the case because in Cortland or
any gravel acuifer if you pump for twenty-four hours at only ten
gallons per minute you won ' t have any draw down at all in this very
permeable aquifer , you ' d never have thirty feet of draw down . If
you had that type of draw down it indicates that your permability
is much much less than say you would get in a gravel aquifer which
means there could be impacts on whether there will be enough water
and how far the cone would extend would be a lot different than it
would be in sand and gravel , like the City of Cortland has . I
don ' t disagree that there probably is a very good gravel producing
aquifer there but that well is not intersecting that aquifer and if
the adjacent wells are not intersecting that aquifer it really
won ' t make any difference . What is the important part is what that
well is intersecting and the adjacent well .
Mr . Albern stated that that was the point he was making , there is a
good gravel producing aquifer , according to Howell .
Mr . Josselyn stated that he wanted to mention that his own well ,
even though its two hundred and some odd feet deep , there often are
times , if there is much water drawn nearby , we hardly have any
pressure and this is effecting us and I also remember the fire that
Dick Griffin had when his barn burnt , there was not enough water
around anyplace . I also talking with Dick Griffin about this well
that they are claiming is new . This was done over 40 years ago and
Mr . Griffin owned it for thirty-one of those years .
Supervisor Desch asked Mr . Josselyn if he had any idea if there was
any appreciable draw down during this test , because you probably
would not have known when the test was going on .
Mr . Josselyn responded no , I didn ' t have the faintest idea when the
test was going on .
A man in attendance stated that he had a question on the storage
tank , that there was a point that he didn ' t quite understand . The
law presumably prescribes tanks of a certain volume because it
assumes there is a necessary working range otherwise they require
smaller tanks and this implies that when fire trucks show up that
the tanks may be at the bottom near empty at the working range as
well as the top . That ' s one point . The other is a question for
the hydrologist , we ' ve noticed an enormous seasonal variation in
well flow rates in that area and I was curious as to when they were
taken and if she would comment on the variations .
Supervisor Desch asked when the Howell tests were taken?
Mr . Albern responded , one was taken January 1st and one was in
July .
Mr . Jacobs corrected Mr . Albern noting the test was taken in May .
The new well that was drilled over the past year was in January .
The new well was done twice .
Councilman McPeak asked Ms . Lee if she would prescribe further
testing? From your discussion you said that you felt there wasn ' t
adequate testing because we didn ' t approach this funnel concept
that you spoke of . Are you proposing that additional testing be
done ?
Ms . Lee responded that she felt it was necessary to do additional
testing in order to determine if there will be any effect on the
nearby wells . Without it , it ' s almost impossible to determine what
the impact will be on the nearby wells .
Town Board 23 January 12 , 1987
Mr . Josselyn remarked , but that ' s related to the same project and
also when I checked with him to see where the percolation tests
were done and the deep holes were done , none seemed to be done in
the drainage field or ajacent to it .
Supervisor Desch then declared the public hearing closed . The Town
Board will not be taking action on this matter tonight , unless the
Town Board decides otherwise . As you know , we should have a full
Board since this is a critical issue where six affirmative votes
are required and I think it is only fair to both sides of the issue
that the full body deliberate on the matter as was the case when it
first came up previously and so it will be taken up either at a
special meeting or our next regular meeting .
• Councilman Cramer stated that he had some concerns regarding the
fire flow and he would like the developer ' s engineer to get in
touch with our Fire Chief here in the Town and review with him the
fire flow data that has been put forth this evening . It seems as
though there ' s a misunderstanding , at least there is a
misunderstanding on my part , as to adequacies or inadequacies of
the fire flow and I think that before this proposal canes back to
the Town Board it would be appropriate for the developer ' s engineer
to sit down with the Fire Chief and discuss those issues
forthrightly . Secondly , in regard to the radii of the cul-de-sacs
that the developer is proposing , I wonder whether the radii are in
fact adequate for the location and placement of fire apparatus . I
think that that should equally be discussed with the Fire Chief .
Thirdly , it has not been brought up in the past , the storage of
propane for use by the property owners of the trailer park which is
an issue that needs to be addressed by the Board and by the
developer before this Board should render a decision as to the pros
and cons of the proposal .
Councilwoman Raffensperger remarked that additionally she assumed
that the Board would pursue the additional information that
Marjorie Rinaldo Lee and Mr . Albern has brought to the Board
tonight on the adequacy of the water in the general area and what
we might ask the developer to do in order to clarify it .
PUBLIC HEARING TO CONSIDER THE PROPOSED FIRE PRO'1'flCTION CONTRACT
WITH THE CITY OF ITHACA
Proof of posting and publication of notice of a public hearing to
consider the proposed fire contract with the City of Ithaca having
been presented by the Town Clerk , the Supervisor opened the public
hearing .
Supervisor Desch remarked , "where did we leave off in November and
where have we cane from since " . We have come through quite a
series of drafts of agreements and we have net on quite a few
occasions for extended periods with negotiators from the City . He
stated that he guessed the best thing for him to do was to tell you
in approximate terms what is different from the draft that you saw
back in November . Basically , the numbers , that is the allocation
• of costs that the Town conceptually agreed to in our lengthly
negotiations prior to November has not changed . Some of the
definitions have been clarified . There are some thresholds , caps
if you will , above which the governing body of each municipality
will have to approve capital projects , for example paragraph 7 has
the phraseology that the parties agree that capital renovations in
excess of $ 100 , 000 for projects or agregated $ 200 , 000 per annum and
new station construction shall be accomplished in a capital budget .
That means once we have the sites for fire stations pinned down and
an architect has been hired , and the architect has cane in with
project estimates , then both will be required to decide if that was
Town Board 24 January 12 , 1987
an appropriate cost or not . The same would be true in the case on
top of page 7 paragraph 8 , maximum equipment expenditures . If in
any given year , the requested equipment cost exceeds $200 , 000 it
would require the approval of both parties . There is a small
change in the question of who has the title to the land under the
f ire stations that would be in the Town inorder for it to be tax
exempt properties . The phrases having to do with what happens at
the end of six years we don ' t get into another agreement has been
clarified as to who reimburses whom for what . There is a statement
having to do with the staffing of the two new stations in the Town
on top of page 8 , where it reads unless the Town agrees to a lesser
level of staffing the City agrees that each of the two fire
stations to be located in the Town of Ithaca will be staffed in the
• same manner as individual stations in the City . We also did scu e
minor modifications on appointment of two Town commissioners and
made scene provisions more consistent through out the agreement .
There was a considerable amount of give and take by both parties .
As no one present wished to speak for or against the proposed
contract the Supervisor closed the public hearing . The Supervisor
asked if there were questions from the Board , noting that
Councilman Killeen from the City and the Fire Chief were both
present .
Councilman Cramer stated that he quessed that his overall concern
with the contract , deals with the performance of the City and in
the penalty the Town could incur by the City ' s failure to meet the
deadlines provided by the contract . Renegotiations of timetables
is an inappropriate way if we are spending the amount of money
shown in this contract to meet those design and construction
criteria and deadlines and I don ' t think that ' s adequate .
Supervisor Desch responded , we asked ourselves what was a
reasonable length of time to expect that two stations could be
designed and built? I think , speaking for the City and tell me if
I ' m wrong . If I were negotiating on the City ' s side I would
probably not be in a big hurry to rush into the design and
construction of two new stations unless I were permitted to improve
the service to areas of the City as well as major areas of the
Town . Two years to build two stations is not an over abundance of
time . That means a commitment of both parties to start a day after
this contract is executed , if it is , to get underway with the
design . I know the Chief has a lot of thoughts already about
interviewing architects and getting on with that program . If we
are going to succeed in meeting the deadline we have to do that
very quickly . Also looking at it from the City ' s side , there are
possibilities since these two new stations are located in the Town ,
for the Town to be the cause of the delay , I certainly hope not .
These stations will be constructed in the Town and there may be
people who are not particularly happy with having a fire station
close by . I would expect that the environmental review for the two
new stations would be a Town requirement , the Town would be Lead
Agent . On the other hand I would agree that there are concerns if
a year and a half goes by and we don ' t see any progress . Also ,
suppose we are 80 % completed with the two new stations and we need
• a couple of more months , what would be reasonable to expect to push
that along . You arrive at a point where you say what is reasonable
to expect in the way of good faith . If you had asked me a few
years ago what the likelihood would be of our colleting the two
new stations in this time frame I would have been much more
concerned about some kind of a clause where we would be able to get
out of the contract , I don ' t see that as a critical issue now.
There is a major desire on the part of the City to stay in the
business of providing fire service to the Town . This is a major
commitment on the part of the Town if it chooses to stay with the
Town Board 25 January 12 , 1987
relationship with the City on this service . There has to be
substantial give and take on both sides .
Sean Killeen remarked that he would like to make a quick comment .
There are three things that occurred to me while you were speaking ,
pertinent to what Councilman Cramer has asked . I believe there is
the burden , blessing and guidance of the sewer project , we can ' t
step away from that guidance that the City , Town and the Town of
Dryden have that experience behind them which is a fact , is a
valuable precedent . That ' s a major colaborative activity that been
produced with some circumstances of obstruction and difficulty that
was overcome . The second is that the City in developing a budget
and passing it for 1987 earmarked good faith money for fire
• stations . Thirdly , what have we been talking about , what has been
the intent and desire for the past four or five years . Before any
formal action , Dave Jennings attended thousands of fire commission
meetings , it really was not idle time , so I think there has to be
some degree of acceptance of good faith .
Councilwoman Howell asked if the Town would have a voice in the
plans when they are ready for building?
Supervisor Desch responded , we see a joint design committee and it
may well be a different participating committee for the South Hill
Station then the West Hill station because you have a different
neighborhood on each hill . For example , on South Hill we can save
ourselves a bit of time and grief if we have a representative from
Ithaca College . We don ' t want to have it half built then have a
major problem . On West Hill we have a different constituency but
again representatives from City and Town would be involved right
from the beginning .
Chief Olmstead stated that money can ' t be spent without approval of
the Town . I think there is a mechanism in the agreement for
approval from the Town .
Supervisor Desch responded , that both parties all through this have
been very relaxed about getting the commitments made that are in
here . In other words , selecting the committee to design the
stations . The interest that is there is to get a group together ,
get the design done get the site selection done and get the
construction completed .
Councilman Cramer questioned item number 9 on page 8 refers to a
concept in law of specific performance , asking the Town Attorney if
he wished to address that now.
The Town Attorney responded , in talking to the City we wanted to
make sure we had the right in those circumstances where there is
some action that must be taken by the City to have the right to go
to court and conpell that action if they decline to take it when we
feel we are entitled to it . So in this situation , the conveyance
of the stations to the Town if the contract terminates of if it
goes its life and the end of the contract , we wanted a clear
statement that we could go to court if the City declined to give us
the deed .
Councilman Cramer stated that he had a question for the Fire Chief ,
there is a doctrine or law within the contract of the City of
Ithaca Fire Department and it ' s Ithaca paid fire fighters regarding
the response of probationary firemen who are volunteers in the Town
of Ithaca to fires within the protection district regarding
compensation . He asked the Fire Chief to comment on that for the
Board . Specifically I ' m referring to one fireman on Buttermilk
Falls Road who is a probationary fireman within the City system ,
the only volunteer in the fire protection district in the Town and
Town Board 26 January 12 , 1987
yet he is prohibited from responding to volunteer fires in the Town
by contract .
Chief Olmstead responded that this is not by contract . That is a
provision of the Fair Labor Standards Act of 1938 as amended and
made effective April 15 , 1986 . That law says it does not prohibit
membership in a volunteer fire company , It does not prohibit
participating as a volunteer but what it does is say is that the
employer must pay any employee who volunteers his services at
either the federal benefit or the contractual benefit , which ever
is greater . That doesn ' t make any difference whether we render the
service in the City or if we went on a mutual aid call to Cortland .
I have administratively put a prohibition on those people
responding , its not a problem with the union contract it ' s simply
that every time a person would respond as a volunteer I would be
obligated to pay them three hours at time and a half . It ' s a
federal law that we have no choice in . One example , one of our
more active employees who is a volunteer member of Company Three in
his last year of active service would have cost us $ 87 , 000 in
overtime because of the federal law .
Supervisor Desch asked how this would cane into play once the two
new stations are built in the Town?
Chief Olmstead responded , it won ' t make any difference because we
presently have about 750 of our employees are volunteer fire
fighters , both inside the City and outside . Those paid firemen who
live outside of the City are prohibited from responding to calls as
volunteers with our fire department . As an employee , if they were
to belong to the Dryden Fire Department , for example , they could
respond with that fire department to any call , it does not prohibit
their activity in those departments including a mutual aid call to
the City of Ithaca . However , if they respond and function in a
capacity as a volunteer that is equal to that of what they are
employed for , then we cane under the Fair Labor Standards Act ,
Councilman Cramer responded , let me get this straight , this person
lives on Buttermilk Falls Road , there is a fire at Mr . Smith ' s
house next door , he is unable as a volunteer after the fire sirens
go off and as a member of the City of Ithaca Fire Department , he is
unable to respond next door to a fire as a volunteer but he could
call the station and say I ' m a professional , I can no respond on
overtime .
Chief Olmstead responded , that is not necessarily correct because
then we get into the terms and conditions of the contract as far as
calling people in . Similar to NYSEG , there is a call in procedure
that was negotiated as part of the contract . The incident
commander has the option in the event , if in his judgement , he
needs to put some people to work . I ' m not particularly pleased
with this whole thing but we ' re powerless to act unless we are
willing to obey the law and pay the people .
PUBLIC HEARING TO CONSIDER A LOCAL LAW TO ALLOW THE LOCATION OF
• ADDITIONAL STOP SIGNS IN THE TOWN OF ITHACA
Proof of posting and publication of notice of a public hearing to
consider a local law to allow the location of additional stop signs
in the Town of Ithaca having been presented by the Town Clerk , the
Supervisor opened the public hearing .
As no one present wished to speak , the Supervisor closed the public
hearing , stating that the Town Attorney needed a list of all of the
stop signs now located in the Town of Ithaca . The Supervisor asked
Town Board 27 January 12 , 1987
the Town Engineer to prepare such a list . He then adjourned the
public hearing indefinitely .
PUBLIC HEARING - CONTINUATION OF AN ADJOURNED PUBLIC HEARING TO
CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING THE ZONING ORDINANCE
REQUIREMEWS FOR THE EASTWOOD COMMONS MULTIPLE RESIDENCE ZONE
Proof of posting and publication of notice of public hearing to
consider the adoption of a local law amending the Zoning Ordinance
requirements for the Eastwood Commons Multiple Residence Zone
having been presented by the Town Clerk , the Supervisor opened the
public hearing .
• Town Planner Susan Beeners remarked that this was a retyped draft
of the draft you saw at the last Town Board meeting . At that time
you approved a specific revision on page 2 of that law . You at
that time asked me about some density figures for the project and I
also have a revised site plan and the original site plan if you
would care to see them .
Supervisor Desch stated that he felt this would be worthwhile if we
know the range of density then we will know if we have a problem or
not .
On site plans , the Town Planner pointed out the original site plans
and the proposed revision . The plan that was presented to the
Planning Board was for 70 units , the revision I have here tonight
and a reduction to 66 units . With some slight modification because
of that reduction as far as the distances between buildings and
also the relationship to the existing development . The original
approval was for 176 units on 18 . 9 acres . That was to be 108 units
in Phases I and II and 68 units in Phase III . The density of that
original approval then would have been 9 . 3 dwelling units per acre .
As built in Phase I and II there were 76 rather than 108 . This
means a density of 7 . 3 units per acre . As proposed as far as Phase
III goes , if you want to look at what was specifically approved for
that Phase III area there was 68 approved and now it is proposed in
this plan , 66 units . If my reasoning is right , the density of the
66 units on 8 . 5 acres would be 7 . 7 per acre . If you deduct the
land for the pavilion and parking then you corm up with 8 . 3 units
per acre .
Supervisor Desch asked how the set aside land for the pavilion now
compares with that which was proposed earlier?
Ms . Beeners responded in the original proposal there was no
pavilion . She went on to say that the open space that was provided
between Phase I and Phase III was described as roughly as large as
a football field . In the resolution establishing the rezoning for
it there is some reference to open space , however , it is hard to
see whether it actually means that the Board wanted to see this
extent of open space to remain throughout the project . The main
items that would have to be waived would be the 30 ' distance
between buildings which is required in the cluster subdivision
• regulations . The other major waiver would be the waiver of the 30 '
height limit because the units along the southwesterly side of the
development would have walkout basements which would make them over
30 ' .
Supervisor Desch asked how much over 301 ?
Town Planner Beeners responded , 351
.
Councilwcman Raffensperger asked if the Planning Board had made a
determination as to where the second entrance was going to be ?
Town Board 28 January 12 , 1987
Supervisor Desch remarked that with this number of units we would
not want to have the existing road the only outlet . The original
plan included two outlets and why shouldn ' t the revised plan
require two outlets unless the Board decides differently .
Town Attorney Barney stated that he felt the Planning Board was
going to require the second road to be built .
The Supervisor closed the public hearing stating that it was the
feeling of the Board that the hearing be adjourned indefinately
until proper language regarding the proposed road could be included
in the local law .
• ADJOUMMENT
The meeting was duly adjourned .
451 Jerk