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HomeMy WebLinkAboutTB Minutes 1989-05-08 TOWN OF ITHACA REGULAR BOARD MEETING May 8 , 1989 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 , on the 8th day of May , 1989 , there were : PRESENT . Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman David Klein , Councilman John Whitcomb , Councilman ALSO PRESENT : John Barney , Town Attorney John Ozolins , Highway Superintendent Sally Olsen , Town Engineer Susan Beeners , Town Planner Andrew Frost , Building Inspector/ Zoning Officer Lisa E . Blackwell , Cornell University Shirley Egan , Cornell University Gary Wilcox , Auble-Metropolis Group Barbara Cotts , Northview Road Association Slade Kennedy , 227 East King Road Ron Simpson , 112 Pine View Terrace Margaret Fabrizio , Fall Creek Conservation Committee Richard B . Fischer , 135 Pine Tree Road Kinga Gergely , 106 Juniper Drive Beverly Livesay , Board of Reps Phillip Ingraham , 744 Irish Settlement Road PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor " s Report Town Hall Environment Supervisor Desch reported that an asbestos problem has been detected in Town Hall and immediately after identifying it we had air sampler taken . The results are not in yet but some program of removal will be necessary . Fortunately , the material is readily accessible and virtually all in the basement except for the vault doors . We will know more soon about cost and how to accomplish the work . With warm weather coming it may not be necessary to vacate the building . If necessary the staff could occupy the "new" part of the building for a short while , i . e . , the Board Roan . Seating Arrangement Supervisor Desch remarked that the new seating arrangement is the result of two suggestions , one from Councilwoman Leary with respect to the need for the Town Planner to be seated at the main table and Town Board Minutes 2 May 8 , 1989 two from a complaint from members of the public that they couldn ' t see all the Board members . Ground Break Supervisor Desch stated that he wished to remind the Board members and public: that the ground breaking for the new fire stations is this coming Saturday at 10 : 00 A . M . for South Hill , 11 : 15 A . M . for West Hill . This will be another critical step in the long process that started in 1982 with mutual site specific discussions . Route 96 Supervisor Desch remarked as you know , the City Common Council passed a number of resolutions putting conditions on the approval of Plan 13 including annexation as well as expressing outright support for Plan A . Over the coming months , he stated that he expected the Town would want to meet with the City once the State recommendation arrives in late June . Pleasant Grove Sidewalk The Supervisor stated that he had met with Mayor Anderson of Cayuga Heights and it is very likely that the Town ' s conditions will be met so that we can make our agreed upon payment of about $ 40 , 000 for the walkway probably in four quarterly installments . Town Engineer ' s Report Town Engineer Sally Olsen remarked that they have been progressing right along with the 1989 water and sewer improvements , they are about 65 % complete . The easements for the East Shore Drive sewer have all been collected except one . Phase II water and sewer is just about done , there is still clean up and restoration of the areas that were disturbed . The Route 89 shoulder , at the north end where the services were installed shows some stability problems . The contractor has been contracted to repair to the Town ' s satisfaction . She went on to say that Campbell Avenue sewer installation was completed this week . It needed a little bit of adjustment because the contractor ran into additional rock . The Inflow/ Infiltration Study is progressing along and we are taking as many reading as we can based on the amount of rain that we are getting . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that they issued 14 building permits in the month . of April . Last year they issued 30 but 12 of the 30 were for mobile homes . Five single family residences , one permit for an alteration and one for an addition , a greenhouse and a concrete pad at the Hospital . One permit for a building at the entrance of Ithaca College and a permit for an electrical substation at Cornell University , plus three for miscellaneous type construction . We issued 15 Certificates of Compliance , investigated 16 complaints . He went on to say that they had made 136 field visits during the month of April with two Zoning Board meetings . Town Planner ' s Report Town Planner Susan Beeners stated that the applications for development: has slowed down as has the process of review . She stated that she has been involved in the revised environmental review for the Cornell Quarters Project . The Planning Consultant is still in the process of reviewing the minutes of the two meetings that were conducted by the Comprehensive Planning Subcommittee Committee . We expect that a draft report will be received towards the end of this month , to be reviewed before their next meeting . We have sent a purchase order out for a McIntosh Town Board Minutes 3 May 8 , 1989 system so that we can run the travel survey . She went on to say that they have hired a Cornell Tradition undergrad to start in about a week for most of the summer . We have attended several meetings this month , also . There has been some concern that the College Circus landscaping as approved by the Planning Board be what is placed and there seems to be some progress in this matter . Councilman Klein asked if there was concern from the neighbors about the fencing not being installed during construction on the College Circus project ? Town Planner Beeners replied , yes . Also , there was a couple of neighbors not wanting to have evergreens planted behind their houses but rather wanting to have a combination of wild life plantings . There has also been discussion as to where the permanent fence should be located by the Niklas property where there are some sensitive plantings and they are still working on that . REPORT OF FIRE CHIEF Supervisor Desch stated that the Fire Chief would not be here this evening because of a family commitment . His report will be scheduled for a later meeting . ACCOUNTING SCHOOL RESOLUTION N0 . 102 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Linda Nobles , Assistant Budget Officer/Personnel Manager to attend the Double-Entry Accounting School sponsored by the Office of the State Comptroller to be conducted in Elmira on May 23- 25 and Play 31-June 2 . The cost of registration for this seminar is $ 40 . 00 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . INDEPENDENT AUDIT FOR FISCAL YEAR 1988 Supervisor Desch remarked that normally in the past , the Town has sent a response back to the auditors but there really isn ' t anything to respond to . The items that they brought up are either moot or they have been taken care of . RESOLUTION N0 . 103 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the independent audit for fiscal year 1988 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDER ESTABLISHING WINNERS CIRCLE SUBDIVISION LIGHTING DISTRICT Town Board Minutes 4 May 8 , 1989 RESOLUTION NO . 104 Motion by Supervisor Desch , seconded by Councilman Whitcomb , WHEREAS , a. petition dated April 28 , 1989 , has been duly presented to the Town Board of the Town of Ithaca , according to law, requesting that a lighting district as hereinafter described be established in the Town of Ithaca , and WHEREAS , the boundaries of the proposed lighting district are set forth on Schedule A annexed hereto , and WHEREAS , the improvements proposed in said district consist of installation of three ( 3 ) 150 watt lights with associated poles and wiring , all as more particularly shown and described on the street lighting plan and statement of annual charges attached to the petition herein , and WHEREAS , the maximum amount proposed to be expended for the improvement as stated in the said petition is $ 0 for the construction of said lighting system , and WHEREAS , it is estimated that the initial annual cost estimate for the operation of said lighting system will be $ 753 . 59 per annum, it is ORDERED , that the Town Board of the Town of Ithaca shall meet at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 12th day of June , 1989 , at 6 : 45 P . M . , to consider said petition and hear all person interested in the subject thereof , and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified copy of this order in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the sign board of the Town of Ithaca , said publication and posting to occur not less than ten nor more that twenty days before the day designated above for the hearing . SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , County of Tompkins , State of New York , and being the subdivision known as the "Winners Circle Subdivision " as shown on the subdivision map entitled " FRANCIS J . PAOLANGELI - DEVELOPER-WINNERS CIRCLE SUBDIVISION , FINAL PLAT , SLATERVILLE ROAD , NYS ROUTE 79 , TOWN OF ITHACA , TOMPKINS CO . , N . Y . , dated February 7 , 1989 , by T . G . Miller Associates , P . C . , Engineers & Surveyors , a copy of which map was filed March 24 , 1989 in the Tompkins County Clerk ' s Office in Drawer M of Maps , 100 and 101 , and being more particularly bounded and. described as follows : BEGINNING at a point in the centerline of the Slaterville Road (New York State Route 79 ) in said Town , which point is at the most easterly corner of Lot 1 as shown on said subdivision map , thence South 64 (degrees ) 42 (minutes ) West ( all bearings magnetic 1988 ) , passing through iron pipes at 33 . 4 feet , 228 . 9 feet , 431 . 9 feet , and 497 . 1 feet , a total distance of 512 . 4 feet to an iron pipe , thence North 35 (degrees ) 02 (minutes ) West , passing through iron pipes at 238 . 0 feet and at 290 . 0 feet , a total distance of 510 . 0 feet to an iron pipe set in the apparent center of a creek ; thence easterly along the centerline of a creek , a chord bearing North 73 (degrees ) 31 (minutes ) East , a chord distance of 361 . 1 feet , a distance of: 363 feet more or less , to a point marked by an iron Town Board Minutes 5 May 8 , 1989 pipe ; thence South 33 (degrees ) 10 (minutes ) East a distance of 166 . 0 feet. to an iron pipe , thence South 56 (degrees ) 56 (minutes ) West a distance of 41 . 7 feet to an iron pipe ; thence South 34 (degrees ) 24 (minutes ) East , passing through an iron pipe at 24 . 5 feet , a total distance of 48 . 5 feet to an iron pipe ; thence North 89 (degrees ) 37 (minutes ) East a distance of 5 feet to an iron pipe , thence South 30 (degrees ) 07 (minutes ) East a distrance of 119 . 7 feet: to an iron pipe , thence North 72 (degrees ) 45 (minutes ) East a distance of - 8 . 6 feet to an iron pipe , thence South 34 (degrees ) 03 (minutes ) East a distance of 100 . 0 feet to an iron pipe , thence North 72 (degrees ) 44 (minutes ) East a distance of 127 . 0 feet. to an iron pipe , thence North 54 (degrees ) 29 (minutes ) East , passing through an iron pipe at 61 . 5 feet , a total distance of 94 . 5 feet to the centerline of Slaterville Road ; thence South 34 (degrees ) 01 (minutes ) East along the centerline of Slaterville Road a distance of 205 . 8 feet to the point or place of beginning . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ENGINEER ' S REPORT - 1989 WATER/SEWER IMPROVEMENTS Richard Elliott of Stearns & Wheler presented the engineering report on the water and sewer improvements . (Copy of report available ) . Mr . Elliott stated that the largest single project envisioned in the 1989 water and sewer improvements is the provision of water and sewer to the Inlet Valley area . There is a fill in of a couple of gaps on the Trumansburg Road of water and sewer . Mr . Elliott went on to say that in the South Hill area there are three pressure zones including the Troy Road pressure zone which is the intermediate pressure zone which is served by an extremely small 5 , 000 gallon tank . Stearns & Wheler in 1983 did a water system evaluation study and we at that time recommended that that tank be replaced by a tank which was higher and would result in an extension of the intermediate pressure zone and will provide more stable water pressure to the outer Coddington Road area and the East King Road area . The new tank would be a 150 , 000 gallon tank . Mr . Elliott noted the Kline Road trunk sewer extension , we have just completed a detailed evaluation of the trunk sewer serving the East Hill area and we listed a variety of proposed improvements to relieve some pressure that exists in this area . our recommendations at that time were the replacement of trunk sewer along Kline Road and Fall Creek to Route 13 . That would be a 24 " pipe and also the replacement of a 24 " pipe along Route 13 and the railroad tracks from the Ithaca Area Wastewater Treatment Plant to Fall Creek . The last element of the project is some final details of the 1987 Water and Sewer Improvement along Taughannock Boulevard . What is proposed is the construction of a water meter on the water lines on Taughannock Boulevard and the construction of a flow monitoring station also at the Town/City line on Taughannock Boulevard and finally the installation of flushing facilities at the terminal manhole on that same sewer . Supervisor Desch remarked , we have had discussions about the South Hill water ,. particularly the cost versus the benefit . It appears as though -the scale of benefit is small in relation to the cost , one of the problems with the cost being the location of the tank , as you have shown it , it is located on a parcel that the Town has available from the Deerrun Project . It is good from the standpoint of the elevation but bad from the standpoint of remoteness from Troy Road . The other aspect of it is the question of fire protection , how much money do you spend to gain fire protection in an area that at this point is time is relatively low density and is not really the area on South Hill that is experiencing the growth as on the next pressure zone up . He noted that as he mentioned in Town Board Minutes 6 May 8 , 1989 his memorandum , it might make sense to couple that with the desire to extend water from the end of the present line out to the end of the Town line , at a later time . Mr . Elliott replied that what he could do here was echo essentially the point the Supervisor was making , and that is that of a total project cost of $ 430 , 000 approximately $ 190 , 000 of that is for additional. pipeline that is necessary because of the proximity of the available tank site to Troy Road and to the logical extent of the new pressure zone . Nearly half of the cost is in pipeline , not the tank at all . The new tank will of course provide some additional, fire protection but it also was going to complete a loop from Coddington Road up East King Road to the intersection of Troy Road and East King Road . That connection can be made with a pressure reducing valve rather than a tank but he felt most of the Board were familiar with the benefits of a tank versus a pressure reducing valve . They accomplish the same in terms of day to day service but they don ' t provide the stored water . Councilwoman Raffensperger remarked that it was her recollection that when Stearns & Wheler did a water study before this was a recommendation and that perhaps not only does this improve the pressure in that zone but there was an interconnection between the two zones and there would be an improvement in the other zone too . Mr . Elliott replied , that is correct . The people on the low end of the Ridgecrest zone are experiencing much higher water pressures than really is desirable . What we are trying to do with this proposal is we will increase the pressure in the Troy Road pressure zone and we will decrease that step in the low end of the Ridgecrest pressure zone . By connecting over into the Coddington Road area from East King Road will be one more of stabilization of pressure for people down there . Councilwoman Raffensperger stated that she had a question on West Hill . Since the 1988 water extensions there , we have heard comments about lack of pressure . Will the extensions that are proposed for 1989 help that situation? Mr . Elliott replied , these improvements are really filling in same gaps . The water main is going to fill in a gap between the Hospital entrance and almost up to Woolf Road . Now , a large area adjacent to that area is already served by water but it is water that goes parallel to Trumansburg Road and down hill to the North and West of it . This may in fact , improve a small amount of the service in the area because there will be two routes to get there . There is an ongoing parallel study being done by Lozier Engineers whose real function is to look at the entire West Hill area as a service area to project as we have in the Inlet Valley area what the long range demands will be and to make recommendations that will improve the overall level of service . Supervisor Desch remarked , an update on the Kline Road situation , the next meeting of that particular group is coning up this Thursday . There seems to be a wide scope of opinions as to who should be paying for what piece of this so it is clearly premature to include it in our particular package . If and when that does come together , it would best at that point be considered as a separate improvement and not tie it to this package . Councilwoman Leary asked , on your population projection figures for Inlet Valley , what year is that through? Mr . Elliott: replied , it ' s through the year 2020 . We believe that that will stand up in a limited area , like Inlet Valley and that is saturation level . Town Board Minutes 7 May 8 , 1989 Supervisor. Desch stated that he would propose to take out paragraph " c " out of: the draft order , which includes the Kline Roads area . RESOLUTION NO . 105 Motion by Supervisor Desch , seconded by Councilman McPeak , ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED SEWER IMPROVEMENTt AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA - 1989 , IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12-C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on the 8th day of May , 1989 , at 500 o ' cla�k , P . M . , Daylight Saving Time , PRESENT . Councilman Bartholf Councilman Klein Councilwoman Leary Councilman McPeak Councilwoman Raffensperger Councilman Whitcomb Supervisor Desch WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board. of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12-C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvement - 1989 , and hereinafter- also referred to as " improvement " to provide such sewer improvement: including extensions , to the present Town sewer improvement: , such sewer system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Howard B . LaFever of Stearns & Wheler Engineers and Scientists , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefited by said Town of Ithaca Sewer System Improvement - 1989 shall be known as the Town of Ithaca Sewer System Benefited Area - 1989 , and consists of the entire area of said Town excepting therefrom the area contained urithin the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement - 1989 consists of the sewer improvements set forth below , and in the areas of the Town , as set forth below and as more particularly shown and described in said map , plan and report presently on file in the office of the Town Clerk . ( a ) Construction and installation of improvements to the Town sanitary sewer collection facilities to provide public sewer service for the Inlet Valley area includes construction and installation of 2600 feet of 8-inch sanitary sewer from the intersection of Enfield Falls Road and Route 13 up Enfield Falls Road , 2220 feet of 8-inch sanitary sewer along Route 13 from Town Board Minutes 8 May 8 , 1989 Enfield Falls Road to Seven Mile Drive , 5500 feet of 8-inch sanitary sewer along Seven Mile Drive fran Bostwick Road to Route 13 , 2500 feet of 8-inch sanitary sewer along Bostwick Road from Seven MilE! Drive to Route 13A , 2000 feet of 8-inch sanitary sewer from Coy Glen Road to Bostwick Road along Route 13A , 1800 feet of 8-inch sanitary sewer from a low point in Route 13 , 400 feet north of Seven Mile Drive , to a high point approximately 1800 feet north on Route 13 , 4500 feet of 10-inch sanitary sewer from the high point 1800 feet north of Seven Mile Drive down Route 13 to the private drive serving Parcel Number 33-3-2 . 2 , along the private drive and down Rouge 13A to Bostwick Road . Improvements to the sanitary sewer collection facilities for the Inlet Valley area include construction and installation of a sewage pumping station on Route 1. 3 approximately 400 feet north of Seven Mile Drive with 1800 feet of 4-inch force main extending north on Route 13 from the pumping station , and a second pumping station located at the corner of Bostwick Road and Route 13A with 2000 feet of 6-inch force main extending from the pumping station to the corner of Coy Glen Road where it ties into the City of Ithaca ' s sewer system . Sanitary sewer collection facilities include connections for lateral sewer services to develop properties within public right of ways in the areas described above . (b) Construction and installation of improvements to the Town sanitary sewer collection facilities for the West Hill area including the construction and installation of 1800 feet of 8-inch sanitary sewer along Trumansburg Road from Woolf Lane to the Ithaca town line . ( c ) Construction and installation of a metering pit on Town sanitary sewer mains on Taughannock Boulevard at the Town/City of Ithaca line and install an automatic flushing unit in the last manhole (No . 36 ) on the existing Town of Ithaca sanitary sewer . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 2 , 128 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of` serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Sewer System Benefited Area - 1989 , which are deemed benefited by said improvement: , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer uport the same , and WHEREAS , it: is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Sewer System Benefited Area - 1989 , and the providing of said Town of Ithaca Sewer System Improvement - 1989 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209-q of the Town Law; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows . Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 12th day of June , 1989 , at 7 : 30 o ' clock , P . M . , Daylight Savings Time , to consider the aforesaid plan and map and the question of creating said Town of Ithaca Sewer System Benefited Area - 1989 , and the providing of said Town of Ithaca Sewer System Improvement - 1989 therein , and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Section 2 . The Clerk of the Town of Ithaca , Tompkins County , New York is hereby authorized and directed to cause a copy Town Board Minutes 9 May 8 , 1989 of this order to be published once in The Ithaca Journal , and also to post a. copy thereof on the Town signboard maintained by the Clerk , no less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law . Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows . Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye This order was thereupon declared duly adopted . Supervisor Desch remarked that the question on the water was whether to include South Hill or not . Councilwoman Raffensperger asked , if included it could be deleted at bid time ? Supervisor Desch replied , right . You have to include it now if you want to include it at all , otherwise what goes to Audit and Control can ' t be added on later . Councilwoman Raffensperger remarked it ' s not site specific , in other word: if we included it we could look for another site and if we didn ' t find one we could delete it . Supervisor Desch replied , right . RESOLUTION N0 . 106 Motion by Councilman MCPeak ; seconded by Councilwoman Raffensperger , ORDER FOR PUBLIC HEARING IN THE MATZTER OF THE PROVIDING FOR A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITED AREA - 1989 , IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12- C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on the 8th day of May , 1989 , at 5 : 00 o ' clock , P . M . , Daylight Savings Time . PRESENT : Councilman Bartholf Councilman Klein Town Board Minutes 10 May 8 , 1989 Councilwoman Leary Councilman McPeak Councilwoman Raffensperger Councilman Whitcomb Supervisor Desch WHEREAS , a plan , report and map has been duly prepared in such manner and. in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12-C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1989 , and hereinafter also referred to as " improvement " to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Howard B . LaFever of Stearns & Wheler Engineers and Scientists , 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 , tPze area of said Town determined to be benefited by said Town of Ithaca Water System Improvement - 1989 shall be known as the Town of Ithaca Water System Benefited Area - 1989 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1989 consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the office of the Town Clerk : ( a) Construction and installation of improvements to the Town water distribution system to provide public water service for the Inlet Valley area including the construction and installation of 2500 feet of 12-inch water main from the Elm Street water tank south to Coy Glen Road , 800 feet of 12-inch water main on Coy Glen Road to Route 13A , 2700 feet of 12-inch water main on Route 13A from Coy Glen Road to Buttermilk Falls Road , 2500 feet of 12-inch water main from Route 13A along Buttermilk Falls Road to Elmira Road , the 1. 2-inch water main extends 2700 feet on Elmira Road where it is connected to an existing City of Ithaca 12-inch water main . Improvements to the water distribution system for Inlet Valley also includes 24: 00 feet of 8 -inch water main along Bostwick Road between Route 13A and Seven Mile Drive , 5400 feet of 8-inch water main along Seven Mile Drive between Bostwick Road and Route 13 , 1400 feet of 10-,inch water main on Route 13A from Buttermilk Falls Road to a private drive serving Parcel No . 33-3-2 . 2 , 1800 feet of 10-inch wager main along the private drive on easement from Route 13A and Route 13 , 3000 feet of 10-inch water main along Route 13 from the private drive serving Parcel No . 33-3- 2 . 2 to Seven Mile Drive , 2000 feet of 8-inch water main on Route 13 between Seven Mile Drive and Enfield Falls Road , the 8-inch water main extends 2500 feet southwest on Enfield Falls Road from the intersection of Route 13 and 1200 feet southeast on Route 13 from the intersection of Enfield Falls Road and Route 13 . Construction includes water services to developed properties within public right of ways for the areas described above . (b) Construction and installation of improvements to the Town water distribution system for the West Hill area includes the construction and installation of 1200 feet of 12-inch water main Town Board Minutes 11 May 8 , 1989 from Hayts Road along Tnm nsburg Road to Dubois Road to connect to a 12-inch water main installed by a private developer . ( c ) Construction and installation of improvements to the Town water distribution system for the South Hill area includes construction and installation of a 0 . 15 million gallon tank near the intersection of Troy Road and East King Road , including 2000 feet of 8--inch water main from the tank to the Troy Road Pumping Station and 1600 feet of 8-inch water main from the pumping station to the intersection of Troy Road and East King Road . (d) Construction and installation of metering pit on existing Town water mains on Taughannock Boulevard at the Town/City of Ithaca line . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 2 , 337 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Water System Benefited Area which are deemed benefited by said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefited Area - 1989 , and the providing of said Town of Ithaca Water System Improvement - 1989 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209-q of the Town Law; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York as follows . Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 12th day of June , 1989 , at 7 : 00 o ' clock , P . M . , Daylight Savings Time , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Improvement - 1989 therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law . Section 3 . This order shall take effect immediately The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye Town Board Minutes 12 May 8 , 1989 This order was thereupon declared duly adopted . SOUTH HILL TRAIL George Frantz , Assistant Planner stated that they were working on the final design plans for the trail for a presentation to the Board for their approval . We are working up drawings with locations of trees and plants as well as points of various improvements that have to be done , such as the installation of culverts . He stated that he had been to one City Planning and Development Board meeting as part of the sketch plan review . We decided to hold off formally submitting it for their site plan and development review process until we get the approval of the plans by the Town Board , Town Planner Susan Beeners added , we would like to hold a public informational meeting on May 25th at 7 : 30 here at Town Hall , if this is a convenient date . RESOLUTION N0 . 107 Motion by Supervisor Desch ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public informational meeting on the South Hill Trail at 7 : 00 P . M . , on May 23 , 1989 at the Town Hall . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE ON CERTAIN SECTIONS OF BURNS ROAD Town Highway Superintendent John Ozolins stated that he had spoken to Jack Dougherty , Superintendent of Public Works for the City of Ithaca and at the time of the planning of the realignment of Burns Road there was an agreement made with the Town Board that once the new road was put in that the banks would be steep and that the Town would pass a no parking ordinance . The City ' s concern is people parking along the road and having access to the water reservoir . RESOLUTION NO . 108 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 8 : 00 P . M . , on June 12 , 1989 to amend the Traffic: Ordinance to prohibit parking on both sides of Burns Road from NYS Route 79 to the bridge over Six Mile Creek and from the bridge over Six Mile Creek 500 ' west . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . AERIAL SURVEY FOR 1989 WATER/ SEWER IMPROVEMENTS Supervisor Desch noted that with the on rush of spring , it was necessary to line up the aerial photography people in order to get them here before the leaves get out on the trees . RESOLUTION N0 . 109 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , Town Board Minutes 13 May 8 , 1989 WHEREAS , an aerial survey for the Inlet Valley area will be necessary in order to design the 1989 Water/Sewer Improvements , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the agreement with Stearns & Wheler for an aerial survey in the amount of $ 1 , 775 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . ACCEPTANCE OF STREETS Town Highway Superintendent John Ozolins noted that last month John Street came up for acceptance , however , there was a lot of work that still needed to be done . Since that time they have made the necessary :repairs . He stated that he would like to recommend that the Town accept John Street subject to the provisions in the resolution . RESOLUTION N0 . 110 Motion by Councilman Bartholf ; seconded by Councilman McPeak , WHEREAS , with respect to the Frandsen Subdivision , off Slaterville Road in the area of Park Lane Extension , William Frandsen has substantially completed construction of John Street , culverts , storm drainage improvements , and water and sanitary sewer mains , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said John Street as a Town highway subject to receipt of deed and marketable title for the highway lands , satisfactory to the Town Attorney , and subject to final inspection and approval of the roadway construction by the Town Engineer and Town Highway Superintendent . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . GRANT AGREEN= WITH THE GOVERNOR ' S TRAFFIC SAFETY COMMITTED The Highway' Superintendent went on to say that the second item was to give him authorization to act to get a grant to received software to update the inventory and the capability to store documentation on the signage within the Town . RESOLUTION NO . 111 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , WHEREAS , the Federal Government , through the Federal Highway Safety Program ha:; made funds available to the State and units of local government under Section 402 (c ) of Public Law 89- 5641 as amended , to assist them in establishing coordinated highway safety programs , and WHEREAS , the Governor ' s Traffic Safety committee has been given the authority to review local programs and allocate funds to local applicants , and WHEREAS , the Town of Ithaca is desirous of participating in such a program and has developed the following project ( s ) : "Computerization of Traffic Signage and Town Board Minutes 14 May 8 , 1989 Road Hazard Identification" in accordance with the guidelines and objectives of the Governor ' s Traffic Safety Committee , NOW THEREFORE BE IT RESOLVED , that the Town Highway Superintendent be and he hereby is authorized to file an application with the Governor ' s Traffic Safety Cotunittee , in order to receive funds for participation in the said project in the Town of Ithaca . (Desch , M(N.Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WATER BENEFIT ASSESSMENT REFUND Supervisor Desch noted a request from the property owner on East King Road who found it necessary to connect to the public water supply and in so doing he found it necessary to bore his service under the road . The owner of this property has been paying the standard full benefit assessment for ten plus years . Under normal circumstances we would share in this cost but under the circumstances he stated that he would like to propose , in this particular case , that the Town ' s share of the cost be $ 1 , 000 . He stated that this would be consistent with what the Town had been doing throughout the areas where this has happened before . Councilman Klein asked what the history was in these cases ? Supervisor Desch replied , what happens is that when the water main is on the opposite side of the road there are a number of options . One option is you don ' t charge benefit assessment and when the property owner cotes along and builds a house he pays the full shot to connect to the water main . He went on to say that in this case the house has been there for a long , long time and when the benefit was instituted the houses that were on the opposite side of the road were charged the full benefit . So we have collected somewhere in the area of the amount we will be paying out . RESOLUTION N0 . 112 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , Slade Kennedy , Jr . , has been paying a water benefit assessment on his property at 227 East King Road , and WHEREAS , in April of 1989 , Mr . Kennedy connected his residence to public water , and WHEREAS , the installation necessitated the running of the water line under East King Road to his property line and the installation of a curb box , NOw TH=)RE BE IT RESOLVED , that in recognition of the property owner having paid a benefit assessment on the property for at least the past decade , the Town Board of the Town of Ithaca hereby authorizes a payment of $ 1 , 000 to Slade Kennedy , Jr . , as its share of the cost for the portion of the installation , under the road , that will be under the jurisdiction of the Town of Ithaca . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RECREATIONAL RIVERS 3 I I . Town Board Minutes 15 May 8 , 1989 Town Planner Beeners remarked that the Board members had all received a packet in the mail on the Recreational Rivers . She showed the Board the areas that were proposed to be designated in that area . Ms . Beeners read from the Staff ccnr ents for the Planning Board on the proposed Fall Creek New York State Recreational River Designation : "This designation has been proposed by the Citizens Against Hydropower at Ithaca Falls , and has been submitted by that group to the Ccmmissioner of N . Y . S . D . E . C . The proposed designation has been endorsed by the Tompkins County Environmeaztal Management Council . The City of Ithaca Coffin Council has endorsed the proposed designation within the City , and has encouraged the Town of Ithaca and Town of Dryden to endorse designation within those municipalities . Approximately 85 % of the involved lands abutting the Creek are owned by Cornell or by New York State . Beebe Lake is excluded from the proposal . Most residential , non-university properties in the Town would not be included in the permanent river area , though eight or more residential lots on the Byway and Forest Home Drive would have portions of their lots included , and several residential buildings in the Town of Dryden would be included . Cornell Plantations currently manages most of the involved lands in the Town as a preserve . There are no formal plans to establish Flat Rock: as a public recreational area . Cayuga Trails Club maintains the trail route shown on the enclosed map . Cornell is currently involved in master planning for land uses in the area , including conservation planning for the Fall Creek corridor . The following are areas of concern that have been identified by staff with respect to the proposed designation : No public hearing is provided for until after receiver designation is made by the State Legislature , and until after a period during which interim boundaries extending 1 / 2 mile on each side of Fall Creek are in place . Staff has been told by Vernon Husak at NYSDEC that no " river management plan " as described in the regulations would be devised for Fall Creek . During the period of interim boundary designation , the same regulations as those pertinent to permanent boundary designation would apply . The interim boundary period would require a minimum of 30 days , and could be in effect for at least 60 to 90 days , given the SEQR and other hearing processes required for permanent boundary designation . Up to a year is permitted between the time of interim and permanent boundary designation . It appears that almost all typical minor residential construction within the interim or permanent ' river area ' would require a permit . Most possible development at Cornell , especially related to educational facilities , would appear to require a variance . At this time , it is the recommendation of staff that any endorsement of the proposed designation be subject to the following : Provision for adequate public notice and involvement prior to any designation , including prior to any interim boundary establishment . 011111111E i I Town Board Minutes 16 May 8 , 1989 Clarification of possible impacts to landowners , particularly , within the Town , with respect to Cornell land uses . Minimization of the administrative encumbrance of interim boundary designation by shortening the time period in which it would be in effect , and minimization of other administrative encumbrances related to State designation . Adjusting the permanent boundaries to those most effective for acconplistunent of objectives . " Supervisor Desch asked about the draft letter to the Commissioner of DBC ? Town Planner Beeners replied , there was a great amount of discussion by the Planning Board at which time she was directed to put together a letter suggesting that there be no endorsement of the proposed designation . The Planning Board felt it was more appropriate to wait and see if the more localized regulations and processes that we have are fairly strong and that if they needed to be supplemented that that was something that should be done on a local basis . Richard Ruswick , Town Attorney remarked that agricultural uses were allowed without a variance so anything Cornell University might wish to do with their property that is agricultural would not require a variance . Any educational uses would require a variance . Margaret Fabrizio , 213 King Street stated that she would like to elaborate on Mr . Ruswick ' s comments and that is that according to the definitions in the regulations of Agricultural uses , it includes horticultural activities and all of the land that is proposed for the final boundaries is land that is currently designated. preserve land and is managed by the Plantations Natural Areas Committee . We find that all of those current uses would be compatible with the regulations and in fact would be exempt . Town Planner Beeners remarked that it was not her impression , from speaking with Cornell that "preserved land " was designated all the way out to Hanshaw and Freeze Road . Ms . Fabrizio replied that Cayuga Trails Club has trails in the Monkey Run area and they would be discussing this with them on Wednesday so she would have more details after this meeting . Ms . Fabri2; io went on to say that she would like to go over the purpose of the regulations a little . The purpose being to recognize the outstanding natural scenic and recreational value of rivers that shall be preserved for present and future generations . This conservation law identified rivers and their immediate environments as unique and valuable resources . In our proposal , the areas of special concern to us include the bird sanctuary in the City , :Ithaca Falls , the rim of the gorge between Stewart Avenue and Beebe Lake , the Flat Rock area and the Monkey Run land holdings . There are four levels of regulatory applicability and there are uses that are exempt . There are uses allowed that are subject to standards with no permit required . There are allowed uses with a permit required and certain activities prohibited by the act such as building of dams , diversion of flow, excavation or filling unless there was an emergency situation , and clear cutting of trees . Those are the things that are not allowed . The idea really is to preserve and restore the natural scenic and recreational quality of Fall Creek and to help us maintain a mix which we all love so much here at this urban and rural character . It will help insure recreational accessibility and use of the river and insure sensitive building projects and discourage encroachment Town Board Minutes 17 May 8 , 1989 on the river corridor , upgrade and maintain the water quality and insure against harmful levels of water withdrawals , as well as new discharger into Fall Creek . It will also help us with protection from erosion and direct runoff fran new structures and it will also help to maintain property values . In fact we have been told by people who have worked with this program for many years that they have seen property values significantly increase on land adjacent to designated water ways . We feel that these regulations are very much canpatible with Cornell ' s interests . Fall Creek is Cornell ' s water supply , they currently withdraw over two million gallons per day for drinking , irrigation and other purposes . It is in their very best interest to protect Fall Creek as much as possible and to keep the water as clean as possible . Ms . Fabrizio went on to say that she would also like to say that most of the land that Cornell owns that would be included in this designation with the exception of the area between Stewart Avenue and Beebe Lake is designated preserved land and it is by the faculty . These people and students depend upon the land for educational purposes and the current management practices are very much consistent with the regulations in the act . She went on to say that she would like to speak about time constraints . As you know, the City ' s hydropower license is ticking away and the City needs to decide by approximately March about construction of the hydroplant . For this reason , we tried to pull together this proposal rather quickly and although we didn ' t have the time to go to each municipality and property owner groups , before we submitted the application we did have an informational meeting and what we would like to do now and what we are doing is going to people and going over the specifics of the regulations . We hope that the Board will designate representatives who will work with us cooperatively on this . This is not a City issue , this is a community issue . It ' s a community resource that many , many people in the Town of Ithaca as well as the City and as well as all of the other neighboring communities support and we would really like your cooperation on this . Common Council of the City has supported the designation for the stretch that falls within the City limits . That ' s about three quarters of the way through Beebe Lake , the next section of course is Town of Ithaca . It ' s approximately a mile and one half Long section and the rest falls under the jurisdiction of the Town of Dryden . Supervisor Desch asked if there was a specific threat other than hydropower that you see , in the Town of Ithaca ? Ms . Fabriz _i.o replied , no not in the Town of Ithaca section . Richard Ruswick remarked that he would like to elaborate on the procedure . He went on to say that his understanding was that a proposal is made to DEC , the DEC then reviews the proposal to designate a river to either a wild river which is the highest level or a scenic. river which is the middle or a recreational river which is what they are asking this river be designated at . DEC , if they consider it appropriate will then introduce to the State Legislature a proposal for the State Legislature to designate the river appropriately . Once the river has been designated as a recreational river , in this case , automatically the interim boundaries go into effect for one-half mile on each side of the banks . Then the Commissioner of DEC holds a hearing to determine what the final boundaries are going to be . He sends out a notice to any property owner on or adjoining the final proposed boundary , 30 days notice , and after that hearing it is determined what the final boundaries will be taking into account the purpose of the act then the Ccanmissioner will determine what the final boundaries are to be and those are the boundaries and will continue until they are modified at. sometime at a later date . Town Board Minutes 18 May 8 , 1989 Ms . Fabrizio replied , we realize that obviously that a half-mile boundary on each side of the river creates additional complications in this situation because we are so urbanized . We have already discussed the possibility of total elimination of boundaries with DEC and it: looks like a very potentially workable idea . Shirley Egan from Cornell University thanked the Board for giving her the opportunity to speak on this . Ms . Egan went on to say that she believed that a lot of the areas that are included in the proposal ,are not what you would call strictly preserved . Even though uses are what they are today agricultural , or otherwise not used or used in a way that would be exempt from these regulations , this enactment would be permanent thing , it is not something that you can do for right now to prevent hydropower and then undo again in a couple of years . Cornell has been in Ithaca for many years and will be here for many , many more years . If at any given point in time Cornell ' s development had been frozen it would have had drastic effects on what this campus would be , what it ' s reputation would be nationally and internationally and what is possibilities would be on the horizon . Therefore , surely there can be no expectation that for every piece of Cornell land to be frozen in the use that it currently is right now is just unrealistic . That ' s not to say and she was not predicting the lifting of all of our own , in fact , very stringent rules preserving the Plantations lands and things like that . But to come up with such a very wide corridor particularly out in the only direction that Cornell has to go for future growth is probably extremely unrealistic . The University has given , as of Friday , a formal letter to Mayor Gutenberge:r on it ' s position . As an operator ourselves of a hydo electric generating plant , as one that was in competition at one point for development of the Ithaca Falls site we don ' t feel that in good conscience we could support an idea that would close hydropower development forever . We believe it is an environmentally safe and effective form of energy and to say no to it forever may be extremely short sighted . Ms . Egan went on to say that she would also like to address the issue of whether a recreational river designation would even foreclose hydropower on Fall Creek . No one , who is a party to this , has actually tried to claim that this designation would have the effect: of taking away this license that has already been granted to the City . She stated that she understood that the theory was that the City would not be induced to give up its license unless it felt that there was scene mechanism in place for preventing someone else fran doing that . The way that the City got into the business in the first place is that the federal power act does give to either the municipality or the state in which the site is located a municipal preference to develop hydropower . Standing by itself certainly federal power would take precedent and this state designation has no effect whatsoever . There is one hook which was left by Congress which might allow a state to ban hydropower designation and this is in the form of a Section 401 permit . It: requires that before a hydropower license can be issued the State underneath the Federal Clean Water Act issues one of these permits which , by the way , has been issued twice . One for the plant that Cornell presently has and another for the Ithaca Falls site . The authority given to the states to issue one of these permits is just that , it rests with Congress . If Congress decides no we are going to start issuing them ourselves then that would be the way it is . These 401 permits are also not discretionary , the gentleman who came from the State Rivers Systems said we never issue 401 permits on wild or scenic or recreational rivers . She stated that she had tried to find authority for that and actually could not find any . A 401 permit standards have to be either developed by the federal government and used by the states in doing it or else the state has to develop its own and have it Town Board Minutes 19 May 8 , 1989 approved by the federal government and then it ' s those standards . There have been court cases , going to New York State ' s highest court , in which the courts have said that the Commissioner of DEC has no discretion , and can only take into account those set factors and none other . The act itself doesn ' t mandate changing a classification on account of the river classification . The regulations say the DEC should evaluate the classification and it can consider reclassification but there is no requirement that it be reclassified . Looking at the total of it she stated that she was very concerned whether this 401 hook could even do what it is claimed to do . The other factor is of course that for the City to just give up or let lapse its permit , may or may not be all that easy . The federal statue says that before licensee can give up its license it. has to do so by entering into a mutual agreement with the licensing authority . She stated that she has asked the City if they have explored the conditions for giving that up and she did not believe they have as yet . At that point , the other competitors for the license would be given a chance to step back in and have their shot: at that same license . That would be regardless of whether or not there had been a state designation or not . She felt also there was a possibility that the City could be jeopardizing their municipal preference if they used it in this instance of hanging on it for stalling the building the plant while this piece of legislation was put into effect . In other words , if the City decided it didn ' t want to build a hydoplant because it looked at the economics and said this is going to loose money and we cannot do this for the sake of the taxpayers that would be one thing but to do it for the reason it just lost heart about developing the site at all and yet it still hung on to its permit for its preference in order to prevent someone else from caning in there , it could make it so that at a latter date when someone else made an application for a hydro electric plant there that it would not be allowed to exercise its municipal preference again . She stated that she would ask the Town Board to proceed very ' cautiously . We cannot find ourselves in favor or something which has such very far reaching implications on all land use development where the tinest thing , the addition on a house becomes a Type I action under SEAR . Where so many uses other than the lowest level , residential or agricultural uses , are automatically ones that require variances . No permits but variances . Just to point something out , in addition to the requirements to be met for a variance , showing a hardship and the absolute necessity for doing something , she stated that she was interested to see that even when something is one of the permitted uses , you have to get a permit , there are additional requirements that have to be found by the granting body . There would have to be a showing that no reasonable alternative exists even to get. a permit . So even though somebody is on the permitted list , there has to a showing that there is no other alternative that exists , that it is consistent with the purposes and policies of the act and the regulations . There are a number of areas that Cornell shares with the Town for the future . Over the years we have long met with Town Planners and people at the County about transportation solutions to get traffic out of Forest Hone . We are very concerned , for instance , on the limitations of bridge building where there has been a rivers designation . The road and bridges are limited , you have to show that a road or bridge is necessary and for both scenic and recreational rivers any new public road has to have its uses effectively restricted to those specified by the person undertaking such activities . Do you have to issue ID cards and toll gates to limit the use to the purpose specified or what ? These are concerns . Crossings by utilities are a concern , there are requirements that utility crossing be in conjunction with bridges but. in no case shall they be more frequent than once every two miles . It doesn ' t seem very practical for an area as built up as this . In reading through the regulations she stated that she felt that this was meant for a different kind of set up than what j � III + I .I I Town Board Minutes 20 May 8 , 1989 we have here and it is nothing that we should be quick to leap into when it has so little chance , she felt , of accomplishing it ' s supporter; original goal and it has so many other far reaching effects on what will go on in this community with future developments . Or the restrictions that it might place on the simple things that a homeowner might wish to do , suddenly scmething is a Type I Action under SEAR . Richard Fischer , 135 Pine Tree Road stated that Cornell Plantations Natural Areas Committee met Thursday afternoon and the principal business was a discussion of the proposal for a recreational - river , We examined the pros and cons and decided that we could not cane up with any good reason for not supporting this proposal and , therefore , we voted unanimously to recommend to the Plantations Advisory Board that it accept this proposal . Supervisor Desch asked if anyone knew of any precedent whereby a smaller corridor might have been set aside for hydropower restrictions ? He asked Richard Ruswick if he knew of any? Mr . Ruswick replied that he had not looked into how this interacts . Shirley Egan noted that it was interesting that for a wild river , the highest designation , there is a minimum length required of five miles but for scenic and recreational rivers there is no minimum required . Margaret Fabrizio replied that the intent of this legislation is for river preservation not site protection . In fact , Fall Creek is 30 miles long , we have not chosen to designate all of Fall Creek , we are looking at the lower 8 miles of Fall Creek . We excluded the Beebe Lake section of Fall Creek because we tried to cooperate with the University about this proposal . We realize the University has invested a million dollars in the restoration of Beebe Lake and that they have a very good management plan in place for Beebe Lake . For these reasons we felt that we could anit that from the section . This legislation is about river preservation and we can ' t just look at one spot. practically at the end of the river . Our chances would be very , very slim if at all . She went on to say that she wanted to respond to something that Ms . Egan had said . First of all , about the effectiveness of stopping hydropower , we wouldn ' t be spending all of this time if we thought we were wasting our time . We have been told that this would be effective in keeping r hydropower out of the City . There are some other details that would make this even a stronger case against hydropower and that is the condition of the dams . The hydropower plant would cause major reconstruction of the existing dam site . There are other reasons but we believe this will be effective in stopping hydropower . She went on to say that she had been told that if the City did give up their license it would not jeopardize their municipal preference . Ms . Fabrizio then showed maps of the proposed areas involved . Councilman Bartholf questioned how this comprehensive plan would work with the traffic corridors in this area . Councilwoman Raffensperger remarked that Dooley Kiefer had called her two evenings ago to say that the League of Warren Voters Natural Resources Committee had met and endorsed this . Ms Kiefer is unable to attend tonight because of another meeting and she wished to pass on their feelings that nothing in the regulations would mean that a bridge could not be built , for example , for a Forest Hane by-pass . Supervisor Desch asked Ms . Fabrizio to tell the Board about her meting with the Forest Home Association . Town Board Minutes 21 May 8 , 1989 Ms . Fabrizio replied , the outcome of that meeting is another meeting after tonights Town Board meeting . Assistant Planner George Frantz asked what was the time frame for the Ca missioner to make his recommendation? Ms . Fabrizio replied that she did not know exactly but what the status is now is that we are making a few amendments to the proposal . We left out the location of some dam sites and coordinating our map with the State map . CONRAIL AGREFf4E1T - EAST SHORE DRIVE Town Attorney John Barney remarked , we are in the process of putting together an East Shore Drive sewer improvement and it required , among other things , crossing Conrail ' s right-of-way and installing a small portion of the sewer in Conrail ' s right-of-way . Conrail is very sensitive and possessive of their right-of-way and they were not too interested in our doing anything until we signed an agreement with them . Because of delays in the legal department at Conrail and the need for the contractor to continue the agreement was signed . He stated that he felt the Board should look at the agreement and hopefully to ratify it . RESOLUTION N0 . 113 Motion by Supervisor Desch , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the agreem mt with Consolidated Rail Corporation (Conrail ) for the installation of sewer lines along East Shore Drive and the Conrail right-of-way . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .. Nays - none ) . INDIAN CREFx RETIREMENT COMMUNITY - PUBLIC FACILITIES Town Planner Beeners reported that there was no draft resolution on this subject , the Planning Board granted preliminary subdivision approval a couple of weeks ago . You are being asked to approve the location of a two lane public road that will be divided by a strip running from Trumansburg Road about 1400 feet . Also for the Board ' s consideration would be public land and a 20 foot right-of-way for a Town trail to be developed at sce -e future time and a six acre natural area . The agreement on water and sewer , as it stands at the present time , is as described earlier by Mr . Elliott , the developer would build somewhere between 1000 and 1500 feet of wager line along Trumansburg Road to reach the project with a hydropneumatic pump station to boost the pressure . Councilwoman Raffensperger questioned a road reservation to the North . She asked if there was just one access road which is going to be like 2000 feet long? Supervisor Desch replied yes , canbining both private and public roads . Town Attorney Barney remarked the answer that was originally proposed by having a double road with a strip if the road had to be closed you could cane out the other side of the median . Supervisor Desch asked how long the median was ? �I Town Board Minutes 22 May 8 , 1989 Ms . Beeners replied , 1325 feet long . There is a division at the park site ,, they would be building a stub into the park site for access . Councilwoman Raffensperger remarked , tell me about the reservation for a road. which looks like it goes North , and where does it go? Town Planner Beeners replied , that is something that was required in order to finally get a second means of access into this , if there is ever any development of the lands which are currently owned by Babcock to the North . Supervisor Desch asked , Phase I is the attached buildings ? Town Planner Beeners replied , is the complex with 80 units with construction starting next spring . Councilman Klein asked if there was any problem with the private road since they are so of like single family houses along it ? Town Planner Beeners replied , it would be constructed to Town specifications and there is enough space there for a right-of-way to be provided . Councilwoman Raffensperger remarked , the pond is not part of the public facilities ? Town Planner Beeners replied no , the pond is not public . Councilwomm Raffensperger asked , doesn ' t our Zoning Ordinance say you can ' t build a building unless it ' s on a public street? Town Attorney Barney replied , it ' s in Town Law , it has to be on a mapped street or a public street . The sense here is that it would be a mapped street . He went on to say that he did not remember why the Planning Board did not get into the issue of the Town owning the street ., The Board decided they would like to see a draft resolution before * taking any action . REPORT OF COUNTY BOARD OF REPRESENTATIVES Beverly Livesay , County Representative reported that the issue of the Town Court using County space came up in the Public Works Ccffnittee . Nobody had a lot of information , so there was no action . She went on to say that the thought the County has finally gotten aware of County involvement in low cost affordable housing . There is no plan at the moment but since the County Home was closed there became a need to see what housing was needed and try to help fill that }:seed . Also , with the three places that burned down in the City so there is a greater need . Supervisor Desch asked about the status of the Youth Development? Mrs . Livesay replied , that is a City/County negotiation on how best to provide those services . She hoped one more meeting would bring them to a recomTendation , which looks like minimal change . ACCEPT BIDS SOUTH HILL/WEST HILL FIRE STATIONS AND RENOVATIONS Supervisor Desch remarked that the bids came in well within budget . The construction management committee has been formed , Dominick Cafferillo will be the Chair . David Klein and John Whitcomb will Town Board Minutes 23 May 8 , 1989 represent the Town , Phil Cox and Sean Killeen from the City plus a Fire CcmTd.ssioner . RESOLUTION N0 . 114 Motion by Councilman Bartholf ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the bids and budget for the new fire stations construction and the renovations of the old stations . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . APRIL FINANCIAL REPORT RESOLUTION N0 . 115 Motion by Councilman Bartholf ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the April Financial Report as presented . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .. Nays - none ) . TAX EXEMPT FIRE PROTEC'T'ION IN LIEU OF PAYMENT Supervisor Desch noted the Board had two resolutions , one by Councilwoman Raffensperger and one by himself . He stated that he had no strong feelings about either on but his only concern was that there was certain value to pier pressure . He felt this was covered also in Councilwoman Raffensperger ' s last resolve . Councilman Whitcomb stated that he would like to move Councilwoman Raffensperger ' s resolution . RESOLUTION NO . 116 Motion by Councilman Whitcomb ; seconded by Councilwoman Leary , WfE REAS , the total operating costs of the Fire Department of the City of Ithaca for the calendar year 1989 (not including the cost of building and renovating fire stations ) is $ 3 , 530 , 000 , $ 713 , 700 of those operating costs paid by the Town of Ithaca , under contract with the City of Ithaca , for service in areas of the Town of Ithaca , and WHEREAS , the Ithaca Fire Department provides regular service to Cornell University in the City and Town of Ithaca and to Ithaca College in the Town of Ithaca , and WHEREAS , ia7 the calendar year 1988 the calls made by the Fire Department to Cornell University were 118 . 2 % of the total calls ; calls to Ithaca College were 6 . 2 % of the total calls and 31 % of the total calls made in the Town of Ithaca contract-area , and WffEREAS , Cornell University has agreed to contribute $ 106 , 020 in 1989 to the City for fire service in the City and Town of Ithaca and Ithaca College has made no provision for any contribution to the Town of Ithaca in 1989 , NOW THEREFORE BE IT RESOLVED , that Cornell University and Ithaca College are requested to meet with the Town Board of the Town of Town Board Minutes 24 May 8 , 1989 Ithaca to discuss fire service needs , volunteer incentive programs and monetary contribution levels for services for 1990 and future years , and FURTHER RESOLVED , that the Town of Ithaca Town Board is committed to contacting other major tax-exempt institutions in the Town of Ithaca to discuss fire service needs and their possible involvement in volunteer recruitment and incentive programs . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESTRICTIVE COVENANTS - POYER SUBDIVISION Town Attorney Barney remarked , the Poyers brought in an eleven lot subdivision and it was approved by the Planning Board . The lots are somewhat over size in terms of an R- 30 zone . One of the conditions of the Planning Boards approval of the lots was that since they did not require the set aside of as much open space as might have been required , the Planning Board felt it would be appropriate to have a Restrictive Covenants limiting future developmnt of those lots . Councilman Klein asked the Town Attorney if he felt paragraph 6 was really essential ? It allows the parties to open it up again and that makes it a little bit weaker . Town Attorney Barney replied that his concern was that if it is not included and if the situation arose one can be arbitrary and that is why he decided to put it in but also put in this statement that if there is a refusal , it is not subjecting the Town to an Article 78 Proceeding . RESOLUTION NO . 117 Motion by Councilman McPeak ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the Declaration of Restrictive Covenants for the Poyer Subdivision . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SPACE ALLOCATION - COURT ROOM RESOLUTION N0 . 118 Motion by supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby designate the space now occupied by the Town Court as space to be occupied by the Engineering Department * (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ASSESSMENT REVIEW BOARD RESOLUTION N0 . 119 Motion by Supervisor Desch , seconded by Councilman Bartholf , Town Board Minutes 25 May 8 , 1989 RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Councilman Klein and Councilman Whitcomb to represent the Town of Ithaca at the Local Advisory Board of Assessment which is scheduled to meet on May 10 , 1989 from 3 : 00 P . M . to 6 : 00 P . M . (Desch , McPeak ., Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . INSURANCE ON WATER TANKS /RESERVOIRS Supervisor Desch remarked that this has never been done in the past but came out of recent discussions with the Insurance Carriers . He stated that he would like to suggest that the Board consider this as part of the 1990 budget . The Board agreed to consider this as part of the 1990 budget . SET DATE FOR PUBLIC HEARING TO CONSIDER "NO PARKING" DURING SNOW REMOVAL RESOLUTION NO . 120 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on July 10 , 1989 to consider a local law restricting parking in the Town of Ithaca during snow removal operations . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting AyeO Nays - none ) . VACANCY ON FIRE C:OM ISSIONERS Supervisor Desch noted that Robert Earle had written a letter stated that he no longer wished to serve on the Board of Fire Commissioners . He noted a letter from Lyman Baker who expressed interest in serving on the committee . RESOLUTION N0 . 121 Motion by Councilman McPeak ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby recommend to the Mayor of the City of Ithaca the name of Lyman Baker for appointment to the Board of Fire Commissioners . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WATER REFUNDS RESOLUTION N0 . 122 Councilwoman Raffens r er ; seconded by Councilman ' n b Council pe q Motto y McPeak , WHEREAS , ir. June when the account for the property at 126 Westview Drive was set up , it was set up as 126 Westview Drive and 126 Terraceview Drive with two different account numbers , and Town Board Minutes 26 May 8 , 1989 WHEREAS , the address of 126 Terraceview Drive and the corresponding account number have been deleted and 126 Westview Drive and the corresponding account number will remain as the correct address , NOW TBERE17DRE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 20 . 52 for water , $ 2 . 05 water surcharge , $ 9 . 27 sewer and $ 1 . 44 sewer surcharge , total refund of $ 33 . 28 be made to Ivar Jonson , 934 East Shore Drive , Ithaca , New York . Account Number V-3960 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye: . Nays - none ) . TEMPORARY APPOINTMENT TO FILL DEPUTY TOWN CLERK VACANCY Town Clerk Jean Swartwood requested that the Town Board allow the hiring of a person to fill the position until the appoint of a new Deputy Town Clerk . The Board agreed to the hiring of a temporary person at the starting salary range for this position . SET DATE FOR PUBLIC HEARING TO CONSIDER PETITION FOR ROAD IMPROVEMENTS ALONG EAST SHORE DRIVE RESOLUTION N0 . 123 Motion by Supervisor Desch ; seconded by Councilman Bartholf , WHEREAS , a petition has been duly presented to the Town Board of the Town of Ithaca , according to Section 200 ( 2 ) of the Town Law, proposing that the Town Board authorize and approve the improvement of that portion of the private right-of-way along East Shore Drive serving curtain residences described in said petition , by the maintenance and improvement of the road right-of-way , and WHEREAS , the maximum amount proposed to be expended for the improvement. as stated in the said petition is $5 , 000 , it is ORDERED , that the Town Board of the Town of Ithaca shall hold a public hearing on said petition at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 10th day of July , 1989 , at 7 : 30 P . M . , to consider said petition and hear all persons interested in the subject: thereof concerning the same , and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a copy of this order certified by her in the Ithaca Journal , to post a copy of same on the signboard of the Town of Ithaca , as well as conspicuously in five ( 5 ) public places along the above described portion of said right-of-way , such publication and posting to occur not less than ten nor more than twenty days before the date set forth herein for the hearing . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . GRADUATE SUMMER INTERNSHIP POSITION RESOLUTION N0 . 124 Motion by Councilman McPeak ; seconded by Councilman Whitcomb , Town Board Minutes 27 May 8 , 1989 WHEREAS , there is a need for additional staff in the Planning Department during the summer of 1989 to provide support to the Planning Consultant and staff in the Comprehensive Planning process , particularly in natural resource planning as it may pertain to significant water ways in the Town of Ithaca , and WHEREAS , the Town has already budgeted monies for this type of support as part of the Planning Study , and WHEREAS , the Cornell Department of City & Regional Planning is able to subsidize a student in their program for 20 hours/week for 10 weeks up to a $ 1 , 000 maximum , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby gives approval for the Planning Department to hire a Cornell City & Regional Planning student for 10 weeks during the summer of 1989 for . 20 hours /week up to a maximum expenditure of $ 1 , 000 to be charged to the Planning Study account , B8020 . 406 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 125 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated May 8 , 1989 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 41 , 998 . 78 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 241950 . 36 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30 , 785 . 77 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19 , 667 . 72 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166 , 597 . 01 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 448 . 31 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON PODIT WARRANTS RESOLUTION N0 . 126 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Bolton Point Warrants dated May 8 , 1989 , in the Operating Budget are hereby approved in the amount of $ 76 , 777 . 60 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Assistant :Engineer Eric Whitney stated that he would like to recognize :Larry Salmi for a job well done in support of the Engineering Department ' s inspection services . We have not had one single resident complaint during the time Larry was the inspector . Town Board Minutes 28 May 8 , 1989 Mr . Salmi has now returned to the Highway Department , working on the paving project . Highway Superintendent John Ozolins stated that half of the streets have been paved . Eastern Heights , Penny and Abby still have to be done . Depending on how much material we actually use , hopefully we will use less money and then later on in the year do more paving . Councilman Klein remarked , we had talked about having new road specification for new construction , he questioned the progress . Highway Superintendent Ozolins replied , that is being worked on . We have a draft that has been changed about four times and there is still more work that needs to be done on the specifications . Councilman Bartholf added , the Public Works Committee is working on the specifications and we will have them to the Board soon . EXECUTIVE SESSION RESOLUTION N0 . 127 Motion by Supervisor Desch , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Execui=ive Session to discuss possible condemnation proceedings and litigation . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . RESOLUTION N0 . 128 Motion by Councilman MCPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) RESOLUTION NO . 129 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the commencement of a injunction proceeding to implement the decisions reached against the Hull Plumbing operation . (Desch , MCPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . RESOLUTION NO . 130 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby appoint a committee consisting of two members of the Town Board , Supervisor Desch and Councilman Whitcomb , and two members of the Planning Board to meet with the City of Ithaca to discuss the City of Ithaca Six Mile Creek alienation proposal . Town Board Minutes 29 May 8 , 1989 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitccmb voting Aye , Nays - none . ADJOURN�OgT The meeting was duly adjourned . Cle i