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HomeMy WebLinkAboutTB Minutes 1975-01-13 } TOWN OF ITHACA REGULAR BOARD MEETING January 13 , 1975 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York held at the Town of Ithaca Offices at 108 East Green Street , Ithaca , New York , on the 13th day of January , 1975 , at 5 : 00 pemo , there were PRESENT : Walter J . Schwan , Supervisor Andrew W . k4cElwee , Councilman Victor Del Rosso , Councilman Noel Desch , Councilman Robert N . Powers , Councilman ALSO PRESENT * James Ve Buyoucos , Town Attorney Barbara Holcomb , Planning Board Chairwoman Robert Parkin , Highway Superintendent Reynolds Metz , Assistant Building Inspector Bruce Abbott David M . Abbott William Co Barrett Arthur Le Berkey , 128 Christopher Circle Klara Ho Clayton , 3 Woodgate Lane Jeffrey Co Uotila , Spencer , N . Y , Media AUTHORIZATION T ON TO INVEST FUNDS IN CERTIFICATES OF DEPOSIT ( BOLTON POINT PROJECT ) Supervisor Schwan read a proposed resolution in the above matter , prepared by Counsel for the Southern Cayuga Lake Intermunicipal Water Commission ° After the reading , the Board acted as follows : Motion by Supervisor Schwana seconded by Councilman McElwee , WHEREAS , by previous resolutions of this Board and the Town Boards of the Town of Dryden , the Town of Lansing , and the Village Board of the Village of Cayuga Heights , Walter Jo Schwan , as Treasurer of the Southern Cayuga Lake Intermunicipal Water Commission , was au - thorized to sell the joint notes or obligations of the Towns of Dryden , Ithaca , Lansing , and the Village of Cayuga Heights , in anticipation of the sale of serial bonds in accordance with all proceedings previously had and in accordance with all previous resolutions , and WHEREAS , such sale is about to take place , the proceeds of which will amount to $ 7 , 800 , 000 , and WHEREAS , said proceeds are to be received , held and applied solely for the payment of the cost of construction , engineering , legal and similar expenses of the Southern Cayuga Lake Intermunicipal Water Commission ( Bolton Point Project ) , as authorized by the previous reso - lutions adopted by the governing boards of the said four municipalities authorizing the project and the . sale of serial bonds and notes , and WHEREAS , said proceeds will be disbursed in varying amounts and at_ various times until the completion of the project now estimated to be about January 1 , 1977 , Minutes - 2 - January 13 , 1975 NOW , THEREFORE , in order to provide for the deposit and avail - ability of said proceeds for project purposes and to earn interest thereon , IT IS HEREBY RESOLVED . Section 1 . The Southern Cayuga Lake Intermunicioal eater Com- mission ( " Commission " ) in consultation with the Project Engineer , shall establish a Project Schedule of the approximate dates at which funds will be disbursed for the purposes of the project . Section 2 . The Treasurer of the Commission is authorized to deposit project funds in varying amounts in checking accounts or savor ings accounts or to purchase Certificates of Deposit or deposit such funds in such other forms of account as are permitted by law , which will provide readily available funds as nearly as can be done in accord. ance with the Project Schedule . Section 3 . Walter J . Schwan as Chief Fiscal Officer of the Town of Ithaca and as Treasurer of the Commission is authorized to ( i ) advertise for or otherwise solicit bids for Certificates of Deposit or other obligations or forms of deposit which are legal for deposits of municipal. funds and ( ii ) to purchase Certificates of Deposit from the. bank offering the highest yield provided that ( a ) the proceeds . of said Certificates of Deposit or other forms of deposit shall mature or be payable as nearly as now can be estimated in accordance with the requirements of the Project Schedule and ( b ) * the availability of said funds shall be governed or secured in . accordance with the provisions and requirements of the Local . Finance Law or other provisions of law . Section 4 . Project funds shall be deposited or held in the name of the Southern Cayuga Lake Intermunicipal hater Commission and may be withdrawn by Walter J . Schwan ( the Chief Fiscal Officer of . the Town of Ithaca ) as Treasurer of the Commission or in his absence or inability , by the Chief Fiscal Officer ( or his deputy ) of the other municipalities participating in the project who may be authorized by the Commission . Section 5 . Any checking accounts shall be established in the bank offering the lowest interest on bond anticipation notes or in any other bank or banks designated by the Commission . Section 6 . The Commission shall furnish to each participating municipality a monthly statement showing ( 1 ) funds on hand , ( ii ) yields on such funds , ( iii ) form and place of account ( iv ) disbursements in- cluding amounts and payees . Section 7 . The authority of the Treasurer to disburse the the aforesaid funds shallbe subject to the order and authorization of the Commission or on audit by the Ithaca Town Board in accordance with the provisions of the Intermunicipal TiTater Agreement and such resolu - tions as have been and may hereinafter be adopted by the Commission and the participating municipalities . Unanimously carried . REFUND OF TAX ASSESSMENTS Supervisor Schwan reported that Mr . Andreas Albrech , 119 Clover Lane , was charged one unit each for water and sewer for 1975 on Tax Parcels 59 - 2 - 17 . 2 and 59 - 218 ( parcel 59 - 2 - 17 . 2 resulting from a purchase from Gunkel ) . This would result in the original Gunkel parcel producing one more unit in 1975 than in 1973 and 1974 . Motion by Councilman Desch ; seconded by Supervisor Schwan , RESOLVED , that a refund in the amount of $ 22 . 99 ( $ 23 . 00 less 1 cent per thousand nominal charge ) for one water unit and a refund in the - amount of $ 49 . 99 on Tax Parcel 59 - 2 - 17 . 2 ( $ 50 . 00 less 1 cent per thousand nominal charge ) for one sewer unit , for a total refund of $ 72 . 98 , with the recommendation that Mr . Albrecht contact the Tompkins County Assessment Division to arrange to combine the two lots . Unanimously carried . Minutes - 3 - January 13 , 1975 Supervisor Schwan read a letter dated January 10 , 1975 from Pen roynten , Partner , Groff Associates , noting that the eater amid sewer benefit charge on Parcel 62- 2 - 1 . 122 was based on 5 . 7 units , appa.rent1y in error , since the actual calculation based _ on the formula used throughout the. Town on an acreage basis would figure to 2 . 4 units . Since it appeared this was correct , the Board agreed that a refund of 3 . 3 units for water benefit charge and 3 . 3 units for sower benefit charge be made to Groff Associates . Motion by Councilman Desoh ; secunded . by Councilman McElwee , RESOLVED , that $ 75 . 35 water benefit charge ( 3 . 3 units x $ 23 . 00 less 5 cents nominal charge ) and $ 164 . 95 of sewer benefit charge ( 3 . 3 units x $ 50 . 00 less 5 cents nominal charge ) be refunded to Groff Associates on Tax Parcel • 62m2 - 1 . 122 ( 5 . 7 units less 2 . 4 units = 3 . 3 units ) . Unanimously carried . Supervisor Schwan reported that Per . Leo A . Smull , 122 Simsbury Drive , was billed in error on his tax bill for $ 5 . 81 water and sewer surcharge ° that Fred Hartsock , 1205 Trumansburg Road was billed in error on his tax bill for $ 2 . 57 water and sewer surcharge . Plotion by Supervisor Schwan; seconded by Councilman McElwee , RESOLVED , that $ 5 . 81 be refunded to Leo A . Smull , 122 Simsbury Drive and that $ 2 . 57 be refunded to Fred Hartsock , 1205 Trumansburg Road . Unanimously carried . All the foregoing refunds are contingent upon the total tax bill first being. paid in full . PUBLIC HEARING m PQ1ENDr1E'NT TO TRAFFIC OPJI II%TANCE ( NO PARKING ) Proof of posting and publication having been presented by the Town Clerk , the Supervisor opened the hearing in the above matter . No one appeared to speak for or against the proposed amendment . Therefore , the Supervisor closed the hearing , and the Town Board acted as followso Motion by Councilman Deschip seconded by Councilman McElwee , RESOLVED , that the Traffic Ordinance of the Town of Ithaca be amended by adding to Section 1 ( 1 ) Parking Vehicles , Section ( g ) and ( h ) as . f ollowso " ( g ) on the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road . "M on the north side of Mitchell Street from the Town of Ithaca line easterly to Judd Falls Road . " Unanimously carried . CONSIDERATION OF INCREASE IN TAX EXEMPTION FOR THE ELDERLY Supervisor Schwan noted that there has been some consideration of raising the amount which a person 65 years of age or older may earn' and still qualify for the 50 % tax exemption from $ 5 , 000 to $ 6 , 500 . Barbara Holcomb said that under the present $ 5 , 000 limitation there is a total of $ 236 , 990 of assessed evaluation that is forgiven . There appeared to be an inclination on the part of * • the Board to increase the earning limitation , but Councilman Powers suggested that the Board need- ed more in-put as to. how many people would qualify under the $ 6 , 500 limitation proposed and how much assessed -evaluation would be affected . The matter was tabled until further data could be obtained . Minutes - 4 _ January 13 , 1975 APPOINTMENT TO PLANNING BOARD Supervisor Schwan reported that IvIrso Liese Bronfenbrenner had been recommended to fill a vacancy on the Town of Ithaca Planning Board , a vacancy created by the expiration of the term of Arnold Albrecht , and that Mrso Bronfenbrenner had indicated she would like to be appointed . Motion by Councilman �4cElwee ,* seconded by Councilman Powers , RESOLVED , that Mrso Liese Bronfenbrenner , 116 McIntyre Place , be appointed as a member of the Town of Ithaca Planning Board for a seven - year term commencing January 1 , 1975 , to fill the vacancy created by the expiration of the term of Arnold Albrecht . Unanimously carried . APPOINTMENT TO AD HOC YOUTH AND RECREATION COMMITTEE It did not appear that anyone was available for this appoint - ment at this time . BIDS ON CAB AND CHASSIS Proof of posting and publication of advertisement for bids on new 1975 Cab and Chassis having been presented by the Town Clerk , the Town Board then reviewed the three bids received . Bids were received front Spencer Ford Sales , Inco , Spencer , New York ,* Cayuga Ford , Inc . , 415 No Triphammer Road , Ithaca , New York ; and Erie Jo Miller , Inc . , 320 Elmira Road , Ithaca , New York , as follows . Spencer Ford Sales , Inc . 000000 „ 00 „ 0 $ 8 , 654063 Less allowance for 161 Ford F- 600 60 ° 000 , 0 , 00000 „ 0000000 , 0 11844 ° 54 Net Bid 0009900000000000 * 00000000 $ 61810009 ( If no price increase deduct $ 332007 from above priceo ). Cayuga Ford , Inc . 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 7 , 200o46 Less Trade in Allowance on 1961 F6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 5 0 0 4 6 Net Bid 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 6 , 5 5 0 0 0 0 (After 90 days , the price will be $ 6 , 550 . 00 , plus cost increase to Cayuga Ford , Inc . ) Erie Jo P-Iiller , Inc , Net bid including trade - in of 196;1 Ford cab & box a00a0 , , , o0 , , $ 6 , 493072 Plus Federal excise tax , estimated o 680032 Plus brake sensor system , if required by Federal laws e „ . 0 ° , 0 900000 Total bid $ 8 , 074004 After some discussion of possible delivery dates and the possibilities of price increases , and some problem with determining whether the Spencer Ford Sales bid or the Cayuga Ford bid was the low bid , the Board determined in favor of Spencer Ford Sales since the upper limit and the lower limit of the Spencer Ford Sales bid was fixed . In the event of a price increase the Cayuga Ford bid , after 90 days , would be an unknown quantity . Therefore , the Board acted as follows o M A Minutes - 5 January 13 , 1975 Motion by Councilman Powers ; seconded by Councilman McElwee , RESOLVED , that the Town Board 'of the Town of Ithaca accepts the bid of Spencer Ford Sales , Inc . on new 1975 Cab and Chassis in the amount of $ 6 , 810 . 09 ( or , if no increase in price . $ 6 , 478 . 02 ) . ! � Unanimously carried . PROPOSED DOG ORDINA`10E Mrs . Klara He Clayton presented a statement , signed by herself and W . Ronald Clayton , relative to the nuisance caused in the Town of Ithaca by certain dogs . ( Copy of the statement is appended to these minutes . ) Town Attorney Buyoucos reported that he had prepared a pro - posed dog ordinance ( in the form of a local lace ) . He recommended that each member of the Town Board study it and be prepared at the next meeting of . the Board to discuss it , with a view toward improving it , , or amending it in any way to make it ready for discussion at a public hearing which is required to adopt a local law . Mrs . Clayton and others were furnished with a copy of the proposed local law in order to have suggestions , from them for the next meeting . FIRE CONTRACT WITH CITY OF ITHACA Town Attorney Buyoucos reported that he had written to the City Attorney , Martin A . Shapiro suggesting that instead of the con- tract being for one year , expiring December 31 , 1975 , it ought to be for three years , the contract price to be negotiated every year in October . This would give the Town a three -year contract without the worry of a cancellation . kdr . Buyoucos reported also , however , there were a number of things in the contract , as now proposed , that give . him some concern - - particularly the liability assumed by the Town to pay the City for whatever damages it suffers in the fulfillment of the contract , physical injuries and other disabilities suffered by fire - ment in the performance of their duties , etc . He felt the Board ought to look carefully at the contract and into the matter of the Town ' s own insurance in this connection , that is , to what extent the Town is protected by its own insurance . Mr . Buyoucos was of the opinion that the risks taken by the City ought to be covered in the contract price to the Town . Supervisor Schwan suggested that the new proposed con ® tract ought to be compared with the previous contract , particularly with respect to the liability clauses . Mr . Buyoucos noted that he and Mr . Shapiro could easily negotiate the language of the contract but that as far as substantive matters in the contract are concerned , policy matters , the Supervisor and the Town Board ought to go over these with the City of Ithaca councilman and with Fire Chief Weaver . . REPORTS OF COUNTY REPRESENTATIVES Mrs . Beverly Livesay said she thought there ought to be closer working relations between Town and County with respect to road problems , traffic patterns , area speed limits , better shoulders , and the whole concept of County-wide planning , and recommended that the Town give its best thinking to such matters and promote better commu- nication between Town and County . Mrs . Livesay , in connection with the Dog Ordinance ( or local law ) said she had been interested for almost a year in a dog ordinance at the County level , with emphasis more on a nuisance ordinance rather than just leash control . Councilman Powers noted he thought the local law proposed by Mr . Buyoucos covered both nuisance and leash control quite well . Supervisor Schwan said he thought the biggest- problem would be the cost of enforcement . Minutes .. ' m 6 January 13 , 1975 Mrs . Livesay reported that consolidation of services within Tompkins County will be explored during the year by the Intergovern - mental Relations Committee of the Board of Representatives . Mrs . Livesay reported there would be a public hearing on January 27 , 1975 to consider the matter of City , Town , or Village representatives or officials also serving as a member of the Tompkins County Board of Representatives , and that she would like to have the thoughts of the Town Board on this . Supervisor Schwan said , conceive ably , this could work in some of the outlying Towns , but did not think a supervisor of the Town of Ithaca could be effective wearing " two hats " . There did not appear to be any comment as to whether a Town councilman could effectively handle the two jobs . Mrs . Livesay reported that the Board of Representatives had voted to accept a contract in the amount of approximately $ 39 , 000 to repair the upstream bridge in Forest Home . Mrso Livesay reported that the Supervisors and Rural Repre - sentatives Committee will meet on Wednesday , January 22 , 1975 at 80. 00 peme , one subject of the meeting to be State equalization rates . REPORTS OF TOWN OFFICIALS 11rse Barbara Holcomb , Chairwoman , Planning Board , reported that the Planning Board intends to invite members of the various civic associations in the Town of Ithaca to attend the Planning Board meet ° ings on a monthly basis during the; year 1975 ° Mr . Reynolds Metz , Assistant Building Inspector , reported that he is following through on the FBC sign matter , and that he under stands there is a letter in the mail from the present owners of the Family Bargain Center ; that they recognize their responsibility , and that they are asking for more time . He reported that the Town is not lagging behind last year as far as building permits are concerned . that December of 1974 was better than a year ago and , so far , in January of 1975 , we have about equalled last year , but the difference is so small that it is not significant , APPROVAL OF WARRANTS Motion by Councilman Powersa seconded by Councilman McElwee , RESOLVED , that the Warrants dated January 13 , 1975 , as amended by the deletion of a billing from Hanna & Hamilton , are approved in the follow ing amounts > General Fund oo ° oo , eo , , , , a , , , " $ 21 , 568000 Highway Fund , oe , 00 , , , , 00 , , , , 5 , 132076 11ater and Sewer Fund va000voo , o 4 , 472 ° 33 Unanimously carried , ADJOURI4MENT The meeting was adjourned at 6040 p . m . Edward Lo Bergen '~ Town Clerk