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HomeMy WebLinkAboutTB Minutes 1987-03-09 TOWN OF ITHACA REGULAR BOARD MEETING March 9 , 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 9th day of March , 1987 , there were . • PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman X1'1' : Marc Cramer , Councilman ALSO PRESENT : Paul Jacobs , Collegeview Trailer Park Linda Jacobs , Collegeview Trailer Park Jonathan Albanese , Attorney Robert Hines , 1045 Taughannock Boulevard Henry Aron , 107 Woolf Lane David Kuckuk , 229 Forest Home Drive Jerry Weisburd , Housecraft Builders Claudia Weisburd , Housecraft Builders Rosalind Grippi , East Seneca Street Salvatore Grippi , East Seneca Street Donald P . Dietrich , 1405 Hanshaw Road Sara Gamm , TrLunbulls Corners Road Robert E . Terry , 107 Worth Street Harriet B . Brittain , 135 Warren Road Bruce Brittain , 135 Warren Road Kate Sundgren , 412 S . Albany Street Fred J . Zinzen , Orchard Hill Road Rich Schoch , Town Staff Representatives of the Media : Ken Hughes , Channel 7 Christopher Schleider , Channel 7 John Heron , WIRO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS • Supervisor ' s Report Fire Station Site planning Supervisor Desch reported the joint site planning group consisting of the three City Fire Commissioners , the Mayor , Councilmen Kileen from the City and Councilmen Bartholf from the Town , Monty May , Henry Aron , the Fire Chief , Susan , Rich and himself with the committee being chaired by Councilman Kileen , have met and are meeting weekly to develop site location recur-endations for the two new stations . The site on Danby Road next to the football field Town Board 2 March 9 , 1987 service entrances , so far , has been unanimously accepted by the group pending further environmental review by the Town and some test borings . We expect to go to the Town Zoning Board at their April meeting . He then asked Town Planner Susan Beeners to show the Board the sketch of how the site would be used . The Supervisor went on to say that at the next meeting , this Thursday , we will look at West Hill . So far the best location seems to be on the Mecklenburg Road opposite West Haven or on Bundy Road up fran Trumansburg Road . It is likely that we will build the same building design for both sites . However , we want the sites selected before we hire the architect . Our target is the start construction in October of this year . . Sewer Billing Supervisor Desch noted that the first quarterly billing for sewer in the Northeast was mailed to the users in the Northeast . We had alerted them in the September Newsletter that they would be paying on the basis of consumption . We have had a dozen or so inquiries , since these users had paid the Village for service through May of this year . We are collecting one quarter early for the ' 87- 188 period to have part of the cash flow needed for us to pay the Village on August 15 . A review of the billing report shows that the average user will be paying less than the amount they would be paying the Village . Special Election - Annexation The Supervisor remarked that those registered voters eligible to vote will be able to vote in a special election on March 31 from 12 noon - 6 P .M . at Town Hall to determine that their properties on East Shore Drive will became part of the Town . I would like to thank all Town Board members for attending the two joint meetings with the City , on sanewhat short notice . Town Engineer ' s Report Town Engineer Robert Flumerfelt reported that just as soon as possible we will begin survey work in the Kay Street , Roat Street , Blackstone , Orchard area for drainage and paving improvements . In looking at this last year and discussing it further through the Winter it appears to us that we can best solve the problems up there through improvement to the open swales and ditches and replacement of culverts . This will cause the least amount of distruption to the residents of the area . A large amount of the problem occurrs because of water not being able to get of the highway . We will be meeting with the residents of Kay Street shortly and later with the residents of the other streets . The Town Engineer went on to say that it was hoped that as soon as possible we will have access to the land to begin construction of the hospital access road . We are in negotiations with the Eugene Ball family , trying to obtain the rest of the right-of-way that we need for the road construction . Highway Superintendent ' s Report Highway Superintendent Robert Parkin referred the Board to his written report . He stated that in the last month their primary efforts has been plowing and cindering roads . Pushing back the areas where there are big drifts in anticipation of more snow . The crews have been hauling in sand and salt for next year along with stone for surface treatment and fine crusher run , plus cinders for the Parks Department . Also we have been keeping ditches , etc . , open in anticipation of spring run off . Town Board 3 March 9 , 1987 Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost stated that he has handed out two different forms , one was his monthly report and the other a list of multiple dwellings in the Town of Ithaca . He went on to say that the list of multiple dwellings consists of two pages of approximately 19 names of owners . He asked the Board members to let him know if he missed any as he will be inspecting them yearly . He went on to say that he revised his monthly activities report . He will be noting on a monthly basis the Certificates of Compliances issued . Also , a list of investigations . He went on to say that he would also be attaching a list of Zoning Board of Appeals notices noting what action was taken at the meeting . • Councilwoman Raffensperger noted that the list of multiple residents said three or more units , and that Eastwood Commons was not on that list . Mr . Frost responded basically if we have a property line such as these Townhouses the property line divides the building the regulations for the buildings is for one or two family dwellings . If there was not a dividing property line , with three or more units , it would fall into the inspection category . Eastwood Commons also does not involve rental units . Mr . Frost went on to say that in January and February he had attended the certification school and now has three of the five certificates required by the State . REPORT OF COUNTY BOARD OF REPRESENTATIVES Supervisor Desch noted that all of the County Representatives were in Albany . NEW YORK STATE GOVERMENT FINANCE OFFICERS ASSOCIATION SEMINAR RESOLUTION N0 , 38 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Constance E . Allen , Assistant Budget Officer to attend the New York State Government Finance Officers ' Association seminar to be held in Albany , New York , March 30-31 , 1987 at a cost of $ 75 . 00 for registration , $ 40 . 00 annual membership fees , plus room , meals and mileage to be charged to appropriation A1340 . 400 Budget - Contractual . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . • AUTHORIZE BIDS FOR TWO NEW COPIER MACHINES RESOLUTION N0 , 39 Motion by Councilwoman Howell ; seconded by Councilman McPeak , WHEREAS , the copying machine now owned by the Town of Ithaca is over seven year old , not operating efficiently with numerous equipment breakdowns , and Town Board 4 March 9 , 1987 WHEREAS , there is an increased need in the Town offices for duplication of documents and maps due to expanded construction and development in the Town of Ithaca , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that approval is hereby given for the advertisement for bids for two copying machines as follows . Number of copies per month - approximately 12 , 000 Size of original documents to b duplicated - 8 x 10 to 11 x 17 Size of output documents - 83 x 10 to 11 x 17 Variable reduction/enlargement of original documents Two-sided copying with automatic duplexing feature for paper • size 81 x 10 to 8 ) x 14 Recirculating document handler for paper sizes up to 83 x 14 Automatic document feed for 81 x 10 to 8 ) x 14 required ; 11 x 17 desirable Offset sorter tray or sorter bin for minimum 25 sets Include in bid proposal trade-in allowance for currently owned 1979 Xerox 4500 Include in bid proposal monthly maintenance charges (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . APPOINTMENT OF ASSISTANT ENGINEER RESOLUTION NO . 40 Councilman McPeak ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca , at the recommendation of the Interviewing Committee , hereby appoint Philip E . Whitney as Assistant Town Engineer effective March 10 , 1987 , at an annual salary of $20 , 000 with a salary review at the end of the six-month probationary period . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . NEW TABLE FOR BOARD ROOM RESOLUTION N0 , 41 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the purchase of a board room table at a cost of $ 1 , 812 . 00 Plus freight to be charged to appropriation A1620 . 200 Town Hall - Equipment , and BE IT FURTHER RESOLVED , that a transfer of $ 1 , 800 . 00 from A1990 . 4 Contingency to A1620 . 200 Town Hall Equipment be approved to appropriate funds for this purchase . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . Supervisor Desch stated that at some later date the Board should consider purchasing new chairs . HIGHWAY FACILITY HEATING SYSTEM Town Board 5 March 9 , 1987 RESOLUTION N0 , 42 Motion by Councilman McPeak ; seconded by Councilman Bartholf , WHEREAS , on February 23 , 1987 , bids were received for the installation of a new heating system for the Town of Ithaca Highway Maintenance Facility , and 1 ) five bids were received in the total amounts of $ 18 , 500 . 001 $ 30 , 469 . 00 , $32 , 473 . 00 , $ 37 , 000 . 00 , and $ 42 , 850 . 00 , 2 ) the low bidder , in the amount of $ 18 , 500 . 00 is . James L . Lewis , Inc . Richards Road , P . 0 . Box 38 Chenango Forks , New York 13746 , 3 ) James L . Lewis , Inc . , appears to be a reputable firm and is proposing to furnish heating equipment meeting the Town ' s specifications in all respects , 4 ) the low bid of $ 18 , 500 . 00 is within the Town Engineer ' s estimated contract cost of $ 17 , 000 . 00 to $20 , 000 . 00 ; NOW THEREFORE BE IT RESOLVED the Town Board of the Town of Ithaca award and hereby does award the Contract for the new heating system to James L . Lewis , Inc . , Chenango Forks , New York , subject to their furnishing the required insurance certificates and labor and material payment and performance bonds . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE BY REZONING FOUR PARCELS OF LAND ON DANBY ROAD FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R-9 RESOLUTION NO , 43 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 7 : 00 P .M . , on April 13 , 1987 to consider the rezoning of four parcels on Danby Road , Tax Parcel Numbers 6-43-1-7 , 6-43-1-81 6-43-1-9 and 6-43-1- 10 from Multiple Residence District to Residence District R-9 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . REVISED WORDING OF LOCAL LAW ON PAUL JACOB ' S REZONING Supervisor Desch noted the Board members had the revised wording of the local law . Jonathan Albanese , attorney for Mr . Jacobs stated that he had gone through the local law as proposed . He noted that Town Attorney John Barney had done an excellent job , it sets forth all that we discussed at the last meeting . We have no problems with it except for one small portion of it which is section 2e , the driveway section . We are just a little bit concerned because in all the previous proposals it had set forth in the first line that the existing park driveway be resurfaced . It was changed to Town Board 6 March 9 , 1987 " reconstructed" . Apparently what had been proposed and accepted by the Planning Board is a situation where the road was going to be resurfaced and repaired . The road base now currently meets Town of Ithaca specifications , this proposed law mentions the road would be brought up to Town Highway specifications as to width and parking as well as turn around . Those items just cannot be met with the present situation we have . What we would like to do is take out width , parking and turn around , turn around because it is a circle , so there is no need for a turn around in that situation . As far as "reconstructed" that takes on a larger project than is required for that area . Councilwoman Raffensperger remarked that it was her recollection • that those matters had to do not with Town Highway specifications , as seems to be indicated by the cements , but had to do with the correpondence from the Fire Chief as to width , parking , turn around , etc . Mr . Albanese stated that those items will all be met in the new part . The problem being those items cannot be met in the existing park . Supervisor Desch remarked that you have a problem gaining the width that you need to achieve 24 feet , right ? Mr . Albanese responded , right . Supervisor Desch asked if the road width was 20 ' now? Mr . Albanese responded , there is not roan to move the mobile homes further apart to get the necessary width . Councilwoman Raffensperger remarked that her recollection is that Chief Olmstead said it had to be a certain width , without parking and another certain width if you had parking on one side . She went on to say that her understanding was that you had assured us that the mini= requirements for fire safety , as far as the road was concerned , any road going into the mobile park would be met . Mr . Albanese stated that Mr . Albern was not here to address that question but it would seem that what we had already met the minimiun requirements as long as there was no parking . Supervisor Desch responded , that is right . Councilman Bartholf remarked that the width requirements were for the new section only . Mr . Albanese responded right , in the new section we are planning on expanding to meet the requirements . Supervisor Desch asked , in the future what will you have in the way of parking along the road in the old part? Mr . Jacobs responded , there will be no parking in the old part . Town Attorney Barney stated that a local law was not the P lace to state where we do and where we do not meet the standards , the place to meet the standards is in the planning function and this is why the law was drafted this way . We should deal with the existing Park when the Planning Board reviews the site plan for Phase I , in the course of that review, there should be specified exceptions and at the same time they can define what level of reconstruction . Supervisor Desch asked if it would be possible to state in the Proposed local law "which ever is earlier to Town Planning Board Town Board 7 March 9 , 1987 requirements including specifications as to width , parking , surface construction" and take turn around out , if you wish because there isn ' t going to be one , and similar matters . Town Attorney Barney suggested deleting the words Town Highway specification and insert as may be specified by the Planning Board . Councilwoman Raffensperger stated that what she thought the Board said last time was that this section would be the existing park driveway which does not have a turn around and that we would send an attached resolution to the Planning Board with this expressing our concerns about the new part of the mobile hcm park meeting the specifications as outline by Olmstead . • Town Attorney Barney stated , so we will take out the words turn around also . RESOLUTION N0 , 44 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on March 31 , 1987 to consider a local law on the rezoning of a portion of the lands of Paul Jacobs located at 136-146 Seven Mile Drive from Residence District R-30 to Mobile Herne Park District R-5 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . AUTHORIZE ATTENDANCE AT NURSERY , LANDSCAPE AND GROUNDS MAINTENANCE SEMINAR RESOLUTION N0 , 45 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Richard Schoch and Donald Ten Kate to attend the Nursery , Landscape and Grounds Maintenance Seminar to be held Tuesday , March 10 , 1987 , at Drumlins Country Club , Syracuse , New York , registration fee of $ 15 . 00 per person . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . WATER ACCOUNT REFUNDS RESOLUTION N0 , 46 Motion by Councilwcman Raffensperger ; seconded by Councilman Bartholf , WHEREAS , Christoph Seeger made a double payment on his Special Reading bill of September 10 , 1986 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 18 . 25 for water , $3 . 10 for surcharge , $ 2 . 14 for penalty , total refund of $ 23 . 49 be made to Christoph Seeger , 215 Tareyton Drive , Ithaca , New York , Account Number 184-0207044 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . Town Board 8 March 9 , 1987 RESOLUTION N0 , 47 Motion by Councilman McPeak ; seconded by Supervisor Desch , WHEREAS , Rocco Lucente made a double payment on his September 1 , 1986 water bill on the property located at 103 Pinewood Drive , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $99 . 54 for water , $ 16 . 92 for surcharge , and $ 11 . 65 for penalty , total refund of $ 128 . 11 be made to Rocco Lucente , 103 Salem Drive , Ithaca , New York , Account Number 190-0232529 . • (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 48 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , Mark Ashton made a double payment on his September 1 , 1986 water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $54 . 58 for water , $ 9 . 28 for surcharge , and $ 43 . 72 for sewer , total refund of $ 107 . 58 be made to Mark Ashton , 105 McIntyre Place , Ithaca , New York , Account Number 191-0000833 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 49 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , WHEREAS , a customer reading error was made on the June 1 , 1986 water bill for the property located at 124 A & B Sacpsucker Woods Road , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 225 . 70 for water and $ 38 . 37 for water surcharge , total refund of $ 264 . 07 be made to Rocco Lucente , 103 Salem Drive , Ithaca , New York , Account Number 190-0231648 , and FURTHER BE IT RESOLVED , that a refund of $ 282 . 81 for water and $48 . 08 for water surcharge , total refund of $330 . 89 also be amde to Rocco Lucente , 103 Salm Drive , Ithaca , New York , Account Number 190-0231657 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting • Aye . Nays - none) . RESOLUTION NO . 50 Motion by Councilman McPeak ; seconded by Councilwcanan Howell , WHEREAS , a customer reading error was made on the December 1 , 1986 water bill , Town Board 9 March 9 , 1987 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 9 . 00 for water , $ 7 . 28 for sewer , and $ 1 . 53 for surcharge , total refund of $ 17 . 81 be made to Adolph Turco , 200 Glenside Road , Ithaca , New York , Account Number 161-0110669 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 51 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , • WHEREAS , a customer reading error was made on the September 1 , 1986 water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 114 . 11 for water , $93 . 52 for sewer , and $ 19 . 40 for surcharge , total refund of $227 . 03 be made to Barbara (Weed) Poetzsch , 1353 Slaterville Road , Ithaca , New York , Account Number 170-015622 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 52 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , a customer reading error was made on the March 1 , 1986 water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of ithaca hereby authorize a refund of $ 103 . 35 for water , $ 85 . 56 for sewer , and $ 17 . 56 for surcharge , total refund of $ 206 . 47 be made to the Mahool Estate , % J . Mahool , 102 West Haven Road , Ithaca , New York , Account Number 163-0110941 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . BENEFIT UNIT REFUND Supervisor Desch , via a letter to the Town Board dated March 2 , 1987 presented the following recommendation : "At last months meeting we denied a credit of 4 units of water and sewer on a parcel purchased by Mr . Iacovelli from the Schultz ' s in August 1986 . Upon further staff owrk , it is clear that the Town made an error because the property that should have been charged the 4 units was sold by the Schultz ' s to Mr . & Mrs . Flannery in December of 1985 . There was , therefore , sufficient time to catch • the change on the assessment roll particularly since the tax maps were corrected in time . Although we will lose this amount for 1987 , since there is no legal way now to collect from the Flannery ' s , it clearly is inappropriate for Iacovelli to pay benefit for property they never owned . This problem obviously points to the need to improve the mechanism for reviewing the assessment roll . However , there are other aspects that need to be dealt with at the same time , i . e . , County Clerk and Assessment office information , etc . Town Board 10 March 9 , 1987 My recommendation , therefore , is to authorize the water and sewer credit for 1987 . " RESOLUTION N0 , 53 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , WHEREAS , the property at 270 Pennsylvania Avenue , which contained a single family dwelling and a four unit dwelling , was split and sold to two separate parties , and WHEREAS , Orlando Iacovelli , who purchased the single family . dwelling was charged 5 units of water and 5 units of sewer instead of the proper figure of 1 unit of water and 1 unit of sewer , and WHEREAS , on January 31 , 1987 , Mr . Iacovelli paid the 1987 taxes in full , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 216 . 00 for 4 units of water and $248 . 00 for 4 units of sewer , total refund of $464 . 00 be paid to Orlando Iacovelli , 270 Pennsylvania Avenue , Ithaca , New York , Tax Parcel No . 54- 7-35 . 2 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . ONE-TON MAINTENANCE TRUCK RESOLUTION N0 , 54 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the purchase , under New York State bid contract , from Dave Ball Chevrolet , Inc . , 1288 West Genesee Street , Syracuse , New York a one-ton dump truck to be used by the Parks Departrnent , at a cost of $ 16 , 386 . 16 ( copy of specifications attached to minutes ) . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 55 Motion by Councilman Bartholf ; seconded by Councilman Mcpeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following budget amendments for the purchase of Parks Maintenance/Construction dump truck : Revenue Sharing Fund • Establish appropriation CF7140 . 200 Parks Maintenance-Equiprent in amount of $ 17 , 000 . 00 , and Transfer $ 17 , 000 . 00 from CF99019900 Interfund Transfer - Inlet Valley Park to new appropriation account CF7140 . 200 , and General Fund - Outside Village Reduce estimated revenues B5031 Interfund Transfer from Federal Revenue Sharing for Inlet Valley Park by $ 17 , 000 . 00 to $ 12 , 658 . 00 , and Town Board 11 March 9 , 1987 Reduce appropriation B7140 . 402 Parks Construction by $ 17 , 000 . 00 to $21 , 658 . 00 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEA=G TO CONSIDER AND ANIDVD = TO LOCAL LAW # 1 - 1987 , TO PROVIDE FOR BUSINESS OR PROFESSIONAL OFFICES IN THE SPECIAL LAND USE DISTRICT (LIMITED MIXED USE ) AT THE FORMER COAL UNIVERSITY STATLER WEST COMPLEX Proof of posting and publication notice of a public hearing to • consider a local law amending Local Law # 1 - 1987 , to provide for business or professional offices in the Special Land Use District (Limited Mixed Use ) at the former Cornell University Statler West Complex 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 . LOCAL LAW N0 . 5 - 1987 Motion by Councilman McPeak , seconded by Councilwoman Howell , LOCAL LAW NO . 5 - 1987 TO AMEND THE ZONING ORDINANCE TO PERMIT BUSINESS OFFICES IN A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL 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 , and in particular further amended by Local Law No . 1 of the year 1987 , be further amended as follows : 1 . Section II , Subdivision (b) of Local Law No . 1 of the year 1987 is amended to read as follows : (b) Business offices or professional offices , such as medical offices and laboratories ( subject to the further provisions stated herein) , " 2 . 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 Bartholf Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwcxnan Raffensperger Voting Aye ® Supervisor Desch Voting Aye Local Law No . 5 - 1987 , was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TRAFFIC ORDINANCE Proof of posting and notice of a public hearing to consider a local law amending the Traffic Ordinance having been presented by the Town Clerk , the Supervisor opened the public hearing . Specifications for Proposed Parks Department One -Ton Dump Truck . Submitted by : Richard H . Schoch Parks and Open Space Planner /Manager March 9 , 1987 Vehicle proposed for purchase under New York State bid contract : Contractor : Dave Ball Chevrolet , Inc . 1288 W . Genesee St . . Syracuse , N . Y . 13204 ITEMS PRICE Cab -Chassis : 1987 Chevrolet CV31003 ZW9 V30 / 3500 Regular Cab Four-wheel Drive 135 . 5 " Wheel Base 10 , 000 GVWR Engine : . 5 . 7 Liter , 350 EFI V8 Suspension : Front - Salisbury Axle ; Hypoid Drive ; Single Stage Leaf Springs -Capacity : 4500 # -Axle Ratio : 3 . 73 - Hubs : Manuel Locking Rear - Salisbury Axle ; Hypoid Drive ; Two - stage Multi - leaf Springs -Capacity : 7500 # Brakes : Hydra1ic , Self -adjus ; ing Front : Disc Rear : Drum Battery : 525 C . C . A . Alternator : 66 Amp , Fuel Tank : Standard 20 Gal , Transmission : 4 - speed manual Transfer Case : New Process 205 2 - speed Conventional Tires : Front - ( 2 ) LT215 / 85 R16D ( 8 Ply ) Highway Tread Rear - ( 4 ) LT215 / 85 R16E ( l0 Ply ) Highway Tread Stearing Gear Type : Integral Power Base Bid Price = $ 11139 . 94 Optional Equipment Dump Body : Thiele - 8 ' Econoline Choreboy 2655094 Screen Window in Bulkhead 100000 Coal Door in Tailgate 220 . 00 Cab Shield 35 , 00 Senior West Coast . Mirrors Stnd , Snowplow : Western 8 ' , . Hydralic / Power Reverse 1450992 Limited Slip Rear Axle 206 . 64 Heavy -Duty Radiator 45 . 92 AM Radio 122 . 00 Extra - Capacity Rear Springs ( 5000 # each ) 36 . 00 Two Front Tow Hooks 38 . 00 Amber Revolving Light 91980 SAM l r Specifications for Proposed Parks Department One -Ton Dump Truck Optional Equipment ( cont . ) Back - up Alarm , Dietz Brand 99000 Rustproofing , includes . undercoating 145 . 00 Total Options = 5 246 . 22 Base Bid Price = 11139 . 94 Total Price $ 16386 . 16 mods _ 2 _ Town Board 12 March 9 , 1987 As no one present wished to speak , the Supervisor closed the public hearing noting that action on this item would need to be adjourned until a later date . RESOLUTION N0 . 56 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn the public hearing to consider a local law amending the Traffic Ordinance until 6 : 30 P .M . , on April 13 , 1987 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER AN AMENDMENT TO LOCAL LAW # 5 - 1985 , RELATING TO FLOOD DAMAGE PROTECTION Proof of posting and publication of notice of a public hearing to consider an amendment to Local Law # 5 - 1985 , relating to Flood Damage Protection 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 noting that action of this item would be adjourned until a later date . RESOLUTION NO . 57 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing to consider an amendment to Local Law # 5 - 1987 , relating to Flood Damage Protection until 6 : 45 P . M . , on April 13 , 1987 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . BOND ANTICIPATION NOTE RENEWALS FOR SECOND SOUTH HILL NOTE # 1 , SECOND SOUTH HILL NOTE # 2 AND CODDINGTON ROAD WATER EXTENSION RESOLUTION N0 , 58 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby ratifys the action of the Town Supervisor in renewing the Bond Anticipation Notes for Second South Hill Water Note # 1 in the amount of $ 164 , 050 . 00 ; Second South Hill Water Note # 2 in the amount of $ 126 , 950 . 00 ; and Coddington Road Water in the amount of $ 13 , 000 . 00 , all renewable on March 3 , 1988 , at an interest rate of 4 . 75% on each of the three notes . • (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) , AGREEMENT WITH VILLAGE OF CAYUGA HEIGHTS ON COLLECTION OF SEWER RENTS Supervisor Desch noted that procedurally this contract states what will be happening in the collection of wastewater treatment services . Town Board 13 March 9 , 1987 Councilwoman Raffensperger asked about the rate to be charged . Supervisor Desch responded the rate is set by the Village , right now it ' s $ 78 . 00 . They change that every year , we don ' t really have any say . RESOLUTION NO . 59 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the agreement with the Village of Cayuga Heights for the collection of wastewater treatment services for the individual property owners • in the Town of Ithaca , and FURTHER BE IT RESOLVED , that the Supervisor is hereby authorized to execute said contract . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION NO . 60 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Excutive Session to discuss pending litigation . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) , RESOLUTION NO . 61 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . RESOLUTION NO . 62 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that legal action be taken against the person who has not transcribed three sets of Planning Board minutes that were taken in the Fall of 1986 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . DECEMBER AND JANUARY FINANCIAL REPORTS RESOLUTION N0 . 63 Motion by Councilwoman Howell ; seconded by Councilwoman Raffensperger , Town Board 14 March 9 , 1987 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Financial Reports for the months of December 1986 and January 1987 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . TOWN OF ITHACA WARRANTS RESOLUTION N0 , 64 Motion by Councilwoman Howell ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated March 9 , 1987 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 36 , 001 . 36 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 12 , 582 . 56 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175 , 484 . 85 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45 , 596 . 82 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $268 , 300 . 00 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 455 . 72 (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 , 65 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Bolton Point Warrants dated March 9 , 1987 , in the Operating Account are hereby approved , in the amount of 24 , 714 . 47 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . TOMPKINS COMMUNITY HOSPITAL BOARD RESOLUTION NO , 66 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint Judith Ogden as the Town of Ithaca ' s representative on the Tompkins Community Hospital Board for a period of two years . • (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none ) . INSURANCE Supervisor Desch stated that the Town had received communications from the insurance carrier indicating that they have now located a source for access liability insurance . With one million dollars of access coverage the premium is $ 27 , 500 and five million access liability coverage the premium is $49 , 500 , that ' s for a full year . Town Board 15 March 9 , 1987 For a part year that this would cover , five million is $ 42 ,000 . We have budget balance of $ 23 , 000 in anticipation of this . We will need to appropriate , if we chose the five million coverage , $ 19 , 000 . 00 from Fund Balance to cover that level of protection . RESOLUTION NO , 67 Motion by Supervisor Desch ; seconded by Councilwanan Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the five million dollar access liability coverage at a premium of $42 , 000 for 1987 . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . DEDICATION OF COMMONLAND SEWER Town Engineer Robert Flumerfelt stated that on Co mtonlands final phase of development , they have proposed a change in their site plan that involves amoung other things , a proposal for making the building the sewer and dedicating that to the Town , as a public sewer rather than a private sewer . This also involves a small sewage pumping station and a force main to pump the sewage up to the existing sewer line , up near Slaterville Road . There is about a thousand feet of 8 " sewer line involved , plus a lift station , pumping station and five hundred feet of force main . When we first looked at this proposal it looked like the sewer could be continued to serve an area on the Ithaca side of the Ca monland development , a further service area , but when we got out in the field and looked at the togography it appears that the service area is rather limited . It ' s estimated that about 25 additional units could be served if the sewer were extended toward the City by the developer of the adjoining property . It would probably need to be a cluster type of development because of the togography . It canes down to Town policy , do we take this as a public main or do we stick with the original plan that this was to be a private main . Supervisor Desch asked if the area that could be serviced by this main could be served by sewer fran another location? Town Engineer Flumerfelt responded that it could be served by the Slaterville Road sewer or perhaps other sewers . Councilwoman Raffensperger asked if Mr . Weisburd owned the property that could be served in the future ? Town Engineer Flumerfelt responded no , he does not own the property . There is no assurance that he would ever own this property either . Councilwanan Raffensperger asked if the Town had ever taken over a lift station before ? Supervisor Desch responded , many times as part of the original approval . This is a new approach , in this case . Town Engineer Flumerfelt added , that in order to extend the sewer back towards Ithaca it would require crossing a steep gully . It would have to be filled in quite a bit . Supervisor Desch asked the Board for their opinion . Counciluunan Raffensperger asked why should we do it? Town Board 16 March 9 , 1987 Town Engineer Flumerfelt stated that he couldn ' t think of a strong reason why the Board should do it except that the main argument for it , looking at it from the developers standpoint , is that it ' s an incentive for a future developer . Supervisor Desch remarked that it was not clear that it will either encourage future development of the ajoining parcel or that it is desirable to encourage development of that parcel . COMMONLAND II COVENANTS Supervisor Desch remarked that the Board was seeing these for the • first time and he would suggest that they be deferred until the meeting on the 31st as there are a couple of other questions that the Board needs to deal with . For example , there is a service road that canes off the Slaterville Road that will probably have to be a private road and the maintenance for that will needs to be dovetailed into this . PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDER ESTABLISHING 1987 SEWER IMPROVEMENTS Proof of posting and publication of notice of a public hearing to consider the adoption of an Order Establishing 1987 Sewer Improvements having been presented by the Town Clerk , the Supervisor opened the public hearing . Robert Hines , 1045 Taughannock Boulevard asked where the main would be located . Supervisor Desch responded , along the easterly shoulder of the highway . Supervisor Desch went on to say that as a brief history , you probably all know the subject of water and sewer extensions on West Hill has been in various processes for a couple of years . All of the people , except Taughannock Boulevard , have petitioned for both water and sewer . The plan , assuming the Town Board takes action after the public hearing , would be to apply to Audit and Control for approval of the improvement to bid the project in May with the construction period of 1987 and 1988 with final completion in October of 1988 . The reason for this being , the construction climate in Ithaca is a disaster and it will take this kind of a scheduling to get decent bids . Supervisor Desch went on to say that he knew there was some concern along the West Shore of the lake regarding any requirement that the Town might have for immediate hookup . In looking at the whole project area , we are dealing with in the most part , properties that have been developed as large lots over a period of the last thirty years . In some cases we have property owners who have had to replace their septic systems , in other cases we have new houses with new septic systems . He suggested that the Board consider a five year grace period for hookup with the grace period starting on January 1 , 1989 because that would be the first year following the completion of the project . So that would mean that property owners would not be required to hookup until January 1 , 1994 . In the event that the Health Department does a dye test during this grace period and finds that there is a particular problem that the property owner would not be permitted to replace the onsite system but would be forced to tie on to the public system . This would also help to give property owners , particularly along the lake , to find one route up through there . You could end up combining force mains to get up to the main by the road . What we have done in Town Board 17 March 9 , 1987 other areas of the Town , for example , is to have groups of property owners or neighborhoods , sometimes on a street to street basis , get a contractor lined up to run the connections and , therefore , you wind up with a considerably lower price per foot . The Supervisor went on to say that in the case of the sewer , whether or not you hook up , the present benefit assessment rate is $50 . 00 per unit , a unit being a lot with 100 ' frontage by 150 ' deep . Larger parcels will end up being a little higher than that . In addition to that there is a $ 12 . 00 per unit benefit charge to help pay for part of the financing of the new sewage treatment plant and also , the average sewer use rent charge per year runs $ 75 . 00 to $ 100 . 00 . The is roughly the cost that the average • property owner will occur . I went back to see what it would cost on the West Shore if you did it on a district basis including only West Shore itself and it works out to be a cost of at least $ 500 . 00 per year . This figure would be about the same for other areas . The fact that the cost is being spread throughout the entire Town is a major one . Robert Hines stated that he was about 1 / 2 miles south of the Ulysses line , near Bob Bartholf . Our houses are a long way from the road and no further subdivision will be permitted in this area under the current Zoning Ordinance . We had a dye test done about 15 years ago with no difficulty . This is a very big expense for us . The shoulder under which you intend to lay the line is very narrow, already it has a gas line in there and they completely disrupted the highway with this project a couple of summers ago . There is going to be a big traffic mess to put any utilities in there . If the purpose of it is to service the Statler West future development , the line can easily be run up the old right-of--way and not cane down the Boulevard . The point is you are going to service probably 10 or 15 houses with an extension north of the 1000 numbers without any clear need to do so . There is no great health hazzard that I know of with great expense to the Town and an even greater expense to those of us who have to somehow or other figure out how to get the sewer from one place to the another which is some places is a lift of 40 ' to 50 ' . You could cut that sewer line off and lay it in five years from now or ten years from now as long as we don ' t have to hook up to it . If you stopped 1 / 2 mile down the road I don ' t think the public health would be jeopardized . He went on to say that he assumed you are going to stop it at the Town line anyway . Supervisor Desch asked Mr . Hines how far was his property from the Town line ? Mr . Hines responded , about 1 / 2 mile . It ' s going to be a terrible problem for us living there . He went on to say that as far as water was concerned he didn ' t want that either . Mr . Hines stated that he and Dick Webster had installed a very expensive water system and we just aren ' t interested in getting involved with water either . Supervisor Desch remarked , that he assumed Mr . Hines was interested • in fire protection . Mr . Hines responded , not particularly . If our house catches on fire you just forget it because by the time you get an engine to go down my 400 ' driveway in the winter he will probably crash in the house sliding down the driveway . We live in a very difficult area . He stated that he was not against these services but we elected to live in a remote area and civilization is wonderful but I ' m not sure I ' m in favor of the things that go with its Town Board 18 March 9 , 1987 Supervisor Desch responded that if you had a fire hydrant by the road they would probably lay hoses not bring the fire truck down the road . Henry Aron , 107 Woolf Lane stated that last year a petition was circulated in the area of Trumansburg Road , Dubois Road , Woolf Lane , Grove Road . He went on to say that he had been asked to speak for them , including myself , there is an absolute necessity that water and sewer be brought into the neighborhood , simply because the water situation there , I know you are not speaking about the water now, you are speaking about the sewer . There are neighbors who have already replaced their septic systems twice and some are in the process of replacing them again at a great expense and would rather see a public sewer system installed in their neighborhood . Bob Terry , stated that he owned property on Taughannock Boulevard , asked if there was any estimated costs for front foot or for property owner . Supervisor Desch remarked that he had explained this before Mr . Terry came in , however , he again explained the costs to Mr . Terry ( see earlier remarks above) . Mr . Terry remarked , then you are not talking about thousands of dollars in Johnson City it cost $ 275 a front foot assessment to be paid off in five years for sewer . Supervisor Desch responded , in most cases that happens because the development is done on a district by district basis , not Town wide . So that what ever that cost is for that district it is spread over the property in that district only . Robert Hines stated that after listening to Henry Aron , he wish to state that he had no objections to paying the capital costs and that he did not care if they run the lines . He stated that he would , however , like to have some mechanism where he and some of his neighbors could be exempted fran the burdensom costs of hooking up if the Health Department says there is someway we can avoid it . He stated that he certainly would not want to hurt someone else who wants and needs the services . Supervisor Desch noted that the staff has recommended a negative declaration on the Environmental Assessment Form for the sewer extensions . He asked if anyone had any questions about the environmental assessment ? The Supervisor stated that since there were no further questions he would close the public hearing . PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDER ESTABLLISHING 1987 WATER IMPROVEMENTS Proof of posting and publication of notice of a public hearing to consider the adoption of an Order Establishing 1987 Water Improvements having been presented by the Town Clerk , the SSupervisor opened the public hearing . A man in attendance stated that he had a petition fron landowners in the Orchard Hill Road asking that water be extended to that area . Supervisor Desch questioned if the signers of the petition were owners or about to be owners ? The man responded , one about to be an owner and the remainder are already owners as far as I know . Town Board 19 March 9 , 1987 Supervisor Desch noted the petition contained five signatures . He went on to say that as he remembered it , there were scmething like seven or eight lots in the development . The man responded , ten lots . Bruce Brittain , 135 Warren Road stated that he wondered if the Board was aware that this business of Forest Hcme ' s water being connected to the Bolton Point supply is not a benefit , it is not a gain , if the water is brought down Warren Road . It will benefit the University to water the golf course . It will benefit new construction on Fairway Drive . But when Varn and Fabbroni bought that land they knew that there was poor water pressure . They knew • that already upstairs in Larry ' s house when he bought the place he had very poor water pressure . Other than those people , nobody is to benefit , we are to loose . I want University water , I don ' t want Bolton Point water . Supervisor Desch asked Mr . Brittain what he considered he would be loosing? Mr . Brittain responded , good water . The Supervisor asked what was not good about Bolton Point water? Mr . Brittain responded , the effluent is very close , my father is a hydrologic engineer and I have been skiddish all my life about drinking water that other people thought was safe to drink , thought was safe to swim in . Supervisor Desch asked effluent from what? Mr . Brittain responded , from the sewage treatment plant that is down there on the lake . He went on to say that he did not think they should be saddled with the expense when we do not gain . We do not benefit . Supervisor Desch responded , your expense will be no greater than what you are paying now . Mr . Brittain responded , well if the whole Town has to pay . Why should Forest Home pay? Supervisor Desch assured Mr . Brittain that the expense the Board was talking about was not due to that water main . If we were to construct that water main along the benefit assessment would not be increased throughout the Town . The reason for the $ 10 . 00 increase is for the expansion of water lines on West Hill . Mr . Brittain responded , if they want it that ' s fine . Supervisor Desch stated that if the Town chose not to replace the water line on Warren Road , the continuing deterioration and reliability of the Cornell system serving that area will continue to go down . Cornell has indicated that they are just not in a Position of totally replacing their system which is what they will have to do in order to maintain reliability . Supervisor Desch stated that in regard to the Orchard Hill Road request for water , the area in question was not included because the property owners did not sign a petition . If we change these maps to include them there are several problems . One problem is the whole procedural process will have to be started all over again . The other problem is that when the subdivision was approved the large lots that were designed with that subdivision were intended to be served with wells and onsite systems , for obvious Town Board 20 March 9 , 1987 reasons . There wasn ' t any water or sewer available . Every where else in the Town , the developers have been required to extend water and sewer lines within their subdivision . This has been a policy that the Town has enforced for many many years . As a matter of fact , we have another similar situation here on the map that shows the lower end of Woolf Lane where it makes reference to water and sewer lines by others . He stated that fran his own view and he would like to hear other Board members camients , he felt that the best the Town could do is by separate action , the Town could design and arrange for the construction of the water lines but the property owners , as would be the case with the developers , would finance the cost of that line . In which case , as with developers , the property owners would be exempt frcen the benefit assessment for a five year period . If a developer gets approval of a subdivision • and has undeveloped lots for a considerable period of time , which does happen , because the developer has financed the cost of the water and sewer we don ' t require the benefit assessment to apply for up to five years or until such time as that lot is sold in the subdivision , at which time the new owner then picks up the benefit assessment . A man stated that he did not understand what a benefit assessment was ? Supervisor Desch responded , a benefit assessment is the charge that the Town levies to pay for the debt retirement for the water and sewer improvement . Obviously , it costs more for a small group of developers or property owners to extend a piece of water and/or sewer main when you spread it across the base that is comprised of only those lots . He went on to say that it was up to the Town Board as to whether or not they chose to change the policy where we extend water and sewer lines to undeveloped properties . If so , then I should alert you to the precedence you will set for any developer wanting to cane in and have the Town extend water and sewer lines to that undeveloped property , it could create major problems . He also noted another problem , that of retaining the tax exempt status of the borrowing that we would be going out to do . If you extend part of the system to undeveloped property that Portion of the borrowing may be a taxable borrowing and will be paying a substantial higher rate of interest . So those are the problems we face , not only the timing , but we know you want water and we would like to figure out a way that you can get water but we also don ' t want those people who have been very patient throughout these areas who have wanted water and sewer to be set back either by virtue of us delaying or sane other action that sane aggrieved person might want to take further down the road . A man asked what was the definition of undeveloped property? Supervisor Desch answered , a subdivision that has been approved that does not have the benefit of having water and sewer mains installed . Councilwcenan Raffensperger asked if there were houses on these lots ? The man responded , there is one house now. Councilman Raffensperger asked if there were not other places where we have extended water and sewer past lots that are not developed . Supervisor Desch responded , only where there is a critical need on either end . It ' s like the situation here , even though we have a critical need for water on Woolf Lane and a critical need for water on DuBois Road , we are still requiring the developer of the approved subdivision in between to pay for the water and sewer that Town Board 21 March 9 , 1987 will enable us to get from one parcel to the other . That ' s the case whether it ' s a subdivision here or any other place . Councilwoman Raffensperger remarked , what they are asking for is not along the road . Supervisor Desch responded , it along the road but it ' s not along the road to get to an area that has been expressed to us by petition as a critical need . There isn ' t any remote area that will be benefited by our running the water line through this area . You see these are very large lots . The developer , eight or nine years ago , had the option of either waiting to develop the property until water and sewer were available , in which case they could probably have put in four times the number of lots or selling off the lots as large lots with the understanding , if you look at the minutes of the 1978 meeting , of having to put wells and septic systems with room for replacement septic systems . Mrs . Grippie remarked that the Supervisor had spoken of the property owners on Orchard Hill Road assuming the cost for the lines , instead of the developer , could you tell us how much a foot this will cost or are there no figures on this ? Town Engineer Flumerfelt responded , in the range of $ 25 . 00 to $ 35 . 00 per foot . Both water and seer , considering rock excavation , canes out slightly higher , in the neighborhood of $ 35 . 00 to $ 40 . 00 per foot . Mr . Grippie asked if this could not be shared by the property owners on both sides of the road? Supervisor Desch responded , this is generally correct . There being no further questions , the Supervisor closed the public hearing . ENVIRONMENTAL ASSESSMENT - WATER IMPROVEMENT Town Planner Susan Beeners noted a correction that needs to be made on page 3 of the Environmental Assessment , at the bottom of the page , item C4 . The words City water supply and SCLIWC should be reversed . The City water supply will be supplying the majority of the proposed extensions . RESOLUTION NO , 68 Motion by Councilman McPeak ; seconded by Councilwanan Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby make a determination of negative significance on the Environmental Assessment form covering the water improvements . (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting Aye . Nays - none) . ENVIRONMENTAL ASSESSMENT - SEWER IMPROVEMENTS RESOLUTION NO , 69 Motion by Councilman MCPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby make a determination of negative significance on the Environmental Assessment form covering the sewer improvements . Town Board 22 March 9 , 1987 A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT 1987 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA - 1987 IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12-C OF THE TOWN LAW RESOLUTION N0 , 70 A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT 1987 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA - 1987 IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , in said City of Ithaca on March 9 , 19871, at 5 : 30 o ' clock P .M . , Prevailing Time . PRESENT : Supervisor Desch Councilman McPeak Councilwoman Raffensperger Councilwoman Howell Councilman Bartholf Councilwoman Leary ABSENT : Councilman Cramer The following resolution was offered by Supervisor Desch who moved its adoption , seconded by Councilman McPeak to wit : WHEREAS , a plan , report and map have been duly prepared in such manner and in such detail as has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation of the Town of Ithaca Sewer System Benefited Area - 1987 and the providing of a Town of Ithaca Sewer System Improvement - 1987 therefor , consisting of ( a) construction and installation of an 8 " sanitary gravity and force main sewer from the City of Ithaca collection system including connections for lateral sewer services in the vicinity of Treman Marina along Taughannock Boulevard approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide sewer service to the properties on Taughannock Boulevard , (b) construction and installation of an 8 " sanitary sewer to provide sewer service for the properties on Orchard Place , Indian Creek Road , Dubois Road , Woolf Lane and Grove Place . Total length of main is approximately 8 , 420 feet . The new sewer system will connect to the existing Town system in the Tompkins County Biggs Complex , (c ) construction and installation of approximately 1 , 150 feet of 8 " sanitary sewer in Cliff Street to provide sewer service for several properties on Campbell Avenue and Tnunansburg Road . Connection is made to the City of Ithaca system , (d) construction and installation of approximately 5 , 880 feet of gravity and force main on East Shore Drive from the vicinity of the Ithaca/Lansing Town line to the City of Ithaca Steward Park lift station including service to approximately eleven properties presently in the City of • Ithaca hwich , by mutual agreement with the City , wiil be annexed to the Town of Ithaca , ( e ) construction and installation of approximately 3 , 600 feet of 8 " sanitary sewer to serve additional properties on West Haven Road to connect with the Town system already serving the lower end of this street , and ( f ) construction and installation of approximately 1 , 190 feet of 8 " sewer main to change the location of the service and replace the sewer service to Cornell Quarters housing to enable the Town to monitor the flow and eliminate infiltration . The new connection will be to the existing City of Ithaca system above the existing jointly owned monitoring station pursuant to Article 12-C of the Tawas Law, and Town Board 23 March 9 , 1987 WHEREAS , said plan , report and map have been prepared by Robert R . Flumerfelt , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , said Town Board duly adopted an order on February 9 , 1987 calling a public hearing upon said plan , report and map and the question of creating a proposed sewer improvement area to be known as the Town of Ithaca Sewer System Benefited Area - 1987 and the construction of the sewer improvements for said Improvement Area as described above , such public hearing to be held on March 9 , 1987 , at 7 : 15 o ' clock P .M . , Prevailing Time , at 126 East Seneca Street , in Ithaca , New York , in said City of Ithaca , at which time and • place all persons interested in the subject therof could be heard concerning the same , and WHEREAS , notice of said public hearing was duly posted and published as required by law, and WHEREAS , said public hearing was duly held at the time and place aforesaid and all persons interested in the subject therof were heard concerning the same , and WHEREAS , it is now desired to authorize the creation of the Town of Ithaca Sewer System Benefited Area - 1987 and the construction of the aforesaid sewer improvements therfor ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tcopkins County , New York , as follows : Section 1 . Upon the evidence given at the aforesaid public hearing , it is hereby found and determined that it is in the public interest to make the aforesaid sewer improvement and to establish the aforesaid Town of Ithaca Sewer System Benefited Area - 19870 It is hereby further determined that all of the real property included within the boundaries of said Improvement Area are benefited by said sewer improvement . The construction of said sewer improvement consisting of ( a) construction and installation of an 8 " sanitary gravity and force main sewer from the City of Ithaca collection system including connections for lateral sewer services in the vicinity of Treman Marina along Taughannock Boulevard approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide sewer service to the properties on Taughannock Boulevard , (b) construction and installation of an 8 " sanitary sewer to provide sewer service for the properties on Orchard Place , Indian Creek Road , Dubois Road , Woolf Lane and Grove Place . Total length of main is approximately 8 , 420 feet . The new sewer system will connect to the existing Town system in the Tompkins County Biggs Ccoplex , ( c ) construction and installation of approximately 1 , 150 fet of 8 " sanitary sewer in Cliff Street to provide sewer service for several properties on Campbell Avenue and Trumansburg Road . Connection is ' made to the City of Ithaca system . (d) construction and installation of approximately 5 , 880 feet of 8 " gravity and force main on East Shore Drive from the vicinity of the Ithaca/Lansing Town line to the City of Ithaca Stewart Park lift . station including service to approximately eleven properties presently in the City of Ithaca which , by mutual agreement with the City , will be annexed to the Town of Ithaca . (e ) construction and installation of approximately 3 , 600 feet of 8 " sanitary sewer to serve additional properties on West Haven Road to connect with the Town system already serving the lower end of this street , and ( f) construction and installation of approximately 1 , 190 feet of 8 " sewer main to change the location of the service and replace the sewer service to Cornell Quarters housing to enable the Town to monitor the flow and eliminate infiltration . The new connection will be to the existing City of Ithaca system above the existing Town Board 24 March 9 , 1987 jointly owned monitoring station , is hereby authorized at a maximum estimated cost of $ 1 , 350 , 000 . The aforesaid Ithaca Sewer System Benefited Area - 1987 consists of the entire Town of Ithaca , excluding the Village of Cayuga Heights . Section 2 . The cost of said sewer improvement shall be borne entirely by the property in the Town of Ithaca Sewer System Benefited Area - 1987 consisting of the entire Town of Ithaca excluding the Village of Cayuga Heights and such costs shall be assessed , levied and collected from the several lots or parcels of land within said benefited area in just proportion to the amount of benefit which said sewer improvement shall confer upon such lots or parcels . • Section 3 . It is hereby determined that the estimated expense of the aforesaid sewer improvement exceeds one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is required for said sewer improvement . Accordingly , the Town Clerk shall , within ten ( 10 ) days of the effective date of this resolution , file certified copies of this resolution , in duplicate , in the office of the State Department of Audit and Control in Albany , New York , together with an application by this Town Board , in duplicate , for permission to establish such sewer improvement as provided for by Section 209 (q) of the Town Law, and that such application shall be executed by and on behalf of said Town Board by the Supervisor of said Town . Section 4 . This resolution is adipted subject to permissive referendum . The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows . Councilman Bartholf Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye This resolution was thereupon declared duly adopted . A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVMM 1987 IN AND FOR THE TOWN OF ITHACA SYSTEM BENEFITED AREA - 1987 IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12-C OF THE TOWN LAw RESOLUTION N0 . 71 • A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVEMENT 1987 IN AND FOR THE TOWN OF ITHACA SYSTEM BENEFITED AREA - 1987 IN THE TOWN OF ITHACA , TcmpKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12-C OF THE TOWN LAW . At a Regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , in Ithaca , New York , in said City of Ithaca on March 9 , 1987 , at 5 : 30 P . M . , Prevailing Time . Town Board 25 March 9 , 1987 PRESENT : Supervisor Desch Councilman McPeak Councilwoman Raffensperger Councilwoman Howell Councilman Bartholf Councilwoman Leary ABSENT : Councilman Cramer The following resolution was offered by Councilwoman Raffensperger who moved its adoption , seconded by Councilwoman Howell to wit : • WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation of the Town of Ithaca Water System Benefited Area - 1987 and the providing of a Town of Ithaca Water System Improvement - 1987 , therof , consisting of ( a) construction and installation of a 12 " distribution water main from the City of Ithaca distribution grid in the vicinity of the Treman Marina along Taughannock Boulevard , approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide water service to the properties on Taughannock Boulevard , (b) construction and installation of approximately 12 , 000 feet of new 8 " and 12 " water mains and individual services under street right-of-ways respectively to provide water service for the properties on Happy Lane , Indian Creek Road , Dubois Road , Orchard Place , Woolf Lane , Grove Place and a portion of Tr unansburg Road and construction of a hydropneumatic pump station in this area for the distribution of water . This system will connect to the existing Town system in the Tompkins County Biggs Complex , and (c ) construction and installation of approximately 1 , 600 feet of 8 " service main connection on Warren Road to provide Town water service to a portion of the Forest Home system presently served by Cornell University , pursuant to Article 12-C of the Town Law, and WHEREAS , said plan , report and map have been prepared by Robert R . Flumerfelt , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , said Town Board duly adopted an order on February 9 , 1987 calling a public hearing upon said plan , report and map and the question of creating a proposed water improvement area to be known as the Town of Ithaca Water System Benefited Area - 1987 and the construction of the water improvements for said Improvement Area as described above , such public hearing to be held on March 9 , 1987 , at 7 : 30 o ' clock P .M . , Prevailing Time , at 126 East Seneca Street , in Ithaca , New York , in said City of Ithaca at which time and place all persons interested in the subject therof could be heard concerning the same , and WHEREAS , notice of said public hearing was duly posted and published as required by law, and WHEREAS , said public hearing was duly held at the time and place aforesaid and all persons interested in the subject thereof were heard concerning the same , and WHEREAS , it is now desired to authorize the creation of the Town of Ithaca Water System Benefefited Area - 1987 and the construction of the aforesaid water improvements therefore NOW , THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Town Board 26 March 9 , 1987 Section 1 . Upon the evidence given at the aforesaid public hearing , it is hereby found and determined that it is in the public interest to make the aforesaid water improvement and to establish the aforesaid Town of ithaca Water System Benefited Area - 1987 . It is hereby further determined that all of the real property included within the boundaries of said Improvement Area are benefited by said water improvement . The construction of said water improvement consisting of (a) construction and installation of a 12 " distribution water main form the City of Ithaca distribution grid in the vicinity of the Treman Marina along Taughannock Boulevard , approximately 10 , 200 feet to the Ithaca/Ulysses Town line to provide water service to the properties on Taughannock Boulevard , (b) construction and installation of • approximately 12 , 000 feet of new 8 " or 12 " water mains and indivudual services under street right-of-ways respectively to provide water service for the properties on Happy Lane , Indian Creek Road , Dubois Road , Orchard Place , Woolf Lane , Grove Place and a portion of Trumansburg Road and construction of a hydropneumatic plump station in this area for the distribution of water . This system will connect to the existing Town system in the Tompkins County Biggs Complex , and (c ) construction and installation of approximately 1 , 600 feet of 8 " service main connection on Warren Road to provide Town water service to a portion of the Foest Home system presently served by Cornell University , is hereby authorized at a maximiun estimated cost of $ 1 , 000 , 000 . The aforesaid Ithaca Water System Benefited Area - 1987 consists of the entire Town of Ithaca , excluding the Village of Cayuga Heights , Section 2 . The cost of said water improvement shall be borne entirely by the property in the Town of Ithaca Water System Benefited Area - 1987 consisting of the entire Town of Ithaca excluding the Village of Cayuga Heights and such costs shall be assessed , levied and collected from the several lots of parcels of land within said benefited area in just proportion to the amount of benefit which said water improvement shall confer upon such lots or parcels . Section 3 . It is hereby determined that the estimated expense of the aforesaid water improvement exceeds one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law , the permission of the State Comptroller is required for said water improvement . Accordingly , the Town Clerk shall within ten ( 10 ) days of the effective date of this resolution , file certified copies of this resolution , in duplicate , in the office of the State Department of Audit and Control in Albany , New York , together with an application by this Town Board , in duplicate , for permission to establish such water improvements as provided for by Section 209 (q) of the Town Law, and that such application shall be executed by and on behalf of said Town Board by the Supervisor of said Town . Section 4 . This resolution is adopted subject to permissive referendum . • The question of the adoption of the foregoing order was duly put to a vote on a roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Town Board 27 March 9 , 1987 This resolution was thereupon declared duly adopted . Gerald Weisburd asked if the meeting was being adjourned? Supervisor Desch responded yes , we are going to take up your items on March 31st at an adjourned meeting . Mr . Weisburd responded that there is a Planning Board meeting scheduled for the 17th for final approval and some of the things were contingent on things being discussed here . We have targeted the week after for contruction . • Supervisor Desch stated that it would be best if the items were discussed after the Planning Board meeting as there were a couple of questions on the service road , for example . As far as the sewer is concerned , it is the consensus of the Board that the Town not accept the sewer . Mr . Weisburd stated that he did not get a chance to talk about the issues at all . He stated that he would like to represent his views on the subjects . Supervisor Desch responded that we waited until 7 : 00 P .M . , hoping you would be here . ADJOURNM W The meeting was duly adjourned . Town Clerk