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HomeMy WebLinkAboutTB Minutes 1977-08-08 IS � TOT41TJ OF ITHACA REGULAR BOARD VMETING August 81 1977 - 5o15 p . mo= ` At a Regular Meeting of , tie Town Board of the Town of Ithaca , Tompkins County , Wew York , held at . the Town of Ithaca: Offices at 126 East Seneca Street , Ithaca ; New York , on the 6th 'day of August , 1977 , at 5e15 p . m . , there were p PRESENT : Iter J . Schwan , Supervisor A `iarew 47 . micElwee , ;' :gouncilman Victor Del Rossd" Councilman Noel Desch , couk61lman . . : ; Robert N . Power"g , . Cquncilman Catherine A . Valei�tinoi ., Councilwoman Shirley Raffensperger , _ Councilwoman ALSO PRESENT ° Janes V . Buyo c6sp r.rown ' Attorney; Robert Parking P.i4hioaay ; Superintendent Liese Bronferibrenher•, Planning Board Chairwoman Eva Hoffmann ; . Planriin ` Board ° Beverly LiveSay County Representative henry TI . Theisen , County Representative Arthur L . Berkey , . 128 Christopher Circle Gust L . Freeman , Jr .e ;, 258 DuBois Road kdald Hoffmann , 4 Sugarbush Lane Reprdsentativres of the Media REPORT OF COU1gTY REPRFSt T' ATI'VES None REPORT Or TOWN ATTORNEY Clest Hill Clinic . Received brief on appeal from attorney for Clinic ( Robert Clune ) . Case is on appeal . The Town Attorney was urged to continue to represent the Town in this matter insofar as upholding the position of the Town Board of Appeals . Billboards . There has been a recent case in the Appellate Division in which it appears there are some favorable points with respect to the power of a town to constitutionally regulate the size aria disposal of billboards . This particular case is on appeal to the State Court of Appeals . Therefore , the law is still unsettled until the State Court of Appeals makes a decision . kzr . Buyoucos said his office would pursue the Park matter if the Board so desired . however , he recommended no action until the New York State Court of Appeals has ruled on the issue . How long this process would take he could not say , but he did say the parties are " not dragging their feet' and none of the parties can be faulted in this regard . He said it is dif � ficult to define a so� called `/ normal " amount of time such a case takes . He has been in touch with Mr . T17illiamson , Park ' s attorney , several times . 1r . Williamson first appeared before the Town Board in behalf of Park . He has promised to keep the Town informed of the progress of the case . The consensus of the Board was that no action should be taken until the matter has been ruled upon by the New York State Court of Appeals . Beacon Hills . This matter must wait upon consultation with Mr . Fabbroni , Town Engineer . Town Board Minutes = 2 ' - August 8 , 1977 Forest Dome Condemnation . Will not discuss in public . This matter should be taken up in a worklIisession or executive session . Ithaca Elm-Ma le Houses , Inc . Will not discuss in public . This matter shoul be taken up . in a ; work session or executive session . Pennsylyania, . Avenue . This involves taking over property for the purpose o ; a .. public road . It is not �i a . case where a developer is developing a plece '' of , land and laying out a road to Town specifications and dedicating the roam to the Town , Ir Buyoucos could not find any records of a formal ' dedication and acceptance of that portion of the road . It is shown on an old map ( Ithaca . Land Co . ) Several property owners in the area a=e objecting toconstructi.on -, of a road there , and are claiming there is� ~no right to put `a road through and they will not give deeds :` " Per .` Buyoucos said ,his office is looting into the matter of condemnations .to sift the ;. 4alit os from the " myths " as to how town roads are acquired . He said the contemplated procedure appears to be this ° The ' . Town Superintendent of Highways ( or anyone interested in making an application )' @ii: 1. i . apply to the County Court for a road to be laid out . The Superintendent of . Highways will do so only after he has come to the Town Hoard and . . asked for approval to make the application . The Court taould appoint Condemnation Commis - sioners who will consider the matter and decide whether or not there is good reason 1 ; o permit the condemnation or if it is in the public interest to have a toad , and then there is the question of assessment of damages . The law says the Town Superintendent of Highways shall lay out the road and shall go to the County Superintendent of Highways , who will then either make a survey or cause a survey to be made . The charge for the map is assessed backlto the town . The County Superin- tendent of highways may have the survey made or the Town may hire a .: surveyor . The probabilities are that the County Superintendent will request the Town to prepare the survey . The Town is willing to spend the public funds for this purpose . An advantage in getting the survey is to get the property owners to convey their interest in that road by deed with reference to a specific survey so that no question ever comes up in the future as to ( a ) whether the adjacent property owner has conveyed all h13 interest in the proposed road and ( b ) to be sure everybody knows where the property lines are so that water and sewer line work of any kind can be done and liabilities for damages can be assessed by simply knowing where the boundary lines are . tale have reason to believe that in this particular case , damages will be nominal . Actually , Mr . Hilker will construct the road to Town speci - fications , at his expense . That is the understanding the Town has . In connection with this whole matter , Mr . Buyoucos suggested that the Town consider adopting a law which will , in effect , say that it will be the general plan and policy of the Town Board to have the developer pay for the cost of constructing the road . There may be circumstances due to history or particular use or other pertinent circumstances which may require a different approach to better serve the public interest by having a road through a particular area . The law might say a road may be constructer? solely at the expense of the property owner , solely at the expense of the Town , or partly at the expense of each in such proportionsPand amounts as the Town Board may decide . Such a law would provide flexibility . Costs involved in the Pennvylvania Avenue matter are ( 1 ) cost of survey , ( 2 ) cost of condem- nation proceedings , ( 3 ) legal fees , j ( 4 ) cost of Commissioners . who hear the case ( $ 500 - $ 1 , 000 ) , ( 5 ) damages '', ( probably nominal ) . The consensus was that the Tlown Attorney should prepare application papers for the Toxin Highway Superintendent . A condition would be that Mr , Hilker will pay for the construction of the road . Councilman Besch said this should be obtained from nr . Hilker , in writing . Should Ur . Hilker not xAdsh to pay for it , the property owners can be assessed on frontage basis , and if they do not want to do it on that basis , at least the Town has done all it can do . 11r . Buyoucos said he would prepare an order for Mr . Parkin to submit to the Board at its next meeting . - / 574✓ N Town Board Minutes - 3 - August 8 , 1977 SUPERVISOR ' S REPORT Supervisor Schwan reported that there is an apparent major discrepancy between the Cliff Street meter readings for the first two quarter 10 ' of 1977 and the usage anticipated by both parties ( Town and City ) ir . , the agreement . First quarter bill showed 1 , 432 , 800 cu . fte through .the. . totalizing meter and . lr $ 13 , 400 cu . ft . in the second quarter . The Town will proceed to pay the City the minimum for each quarter pending resolution of theAls" crepancy . The minimum is $3 , 961 . 68 per quarter . The City will look into the operation of the West Hill area including the relationship between the Vinegar Bill Pump Station and -. the Cliff Street Station as well as their accuracy . Interim ',Setaer Agreement .. The Town and City are meeting on this matter . an •working out the wording of an agreement . The City is apparently reluctant to include operational procedures in the agreement . The . City will notify the Towri on or before October 31 of each year of all , unpaid user fees so that the Town can authorize the County to place . the amounts on , .the appropriate assessment roll , so that the City may be reimbursed when the tax monies are received by the Town . The Town and City ake trying to work into the agreement language which will cover charges . for : sewer where no municipal system exists . The City has suggested that the Town in6tall meters on con- sumer well systems , This approach will be pursued . PERSONS TO BE HtARD Mr . Berkey ( in reference to Mr . Buyoucos earlier discussion of the Park billboards ) said he was concerned over the legality of the Town ' s sign ordinance (with particular reference to billboards ) . He said it appeared that the legality of the Town ' s ability to enforce the ordinance is in question . The 'Town Attorney said it is perfectly legal for a town to adopt a sign law . This is a common occurenceo However , he said if the constitutionality of every provision of a law adopted by a municipality had to be assured in advance , this would inhibit the adoption of laws . He repeated that many communities have sign laws . Ali . Berkey said the fact that a town has such a law on the books ( the constitutionality of which is in question ) might make it difficult for the owner of the boards to rent space on his boards . He suggested that if it turns out that the law with respect to bills boards is unconstitutional the Toxin might have a lawsuit on its hands . The Supervisor said there is no indication to date that the owner of the boards has been unable to rent the space . Observation indicates that the space has been continously sold as evidenced by the continued appearance of advertising on the boards . Dire Berkey asked if direct information had been received from the owner of the boards that space is being used . The Town Attorney commented that fir . Park ' s attorney is aware of the present situation and there has been no complaint from his client about the present uncertainty . He noted further that the people of the Town of Ithaca are ecologically minded and concerned with billboards . The Town Board ' s concern with billboards indicates a sensitivity to the needs of the people . Mr . Berkey said that was not the question at issue . Mr . Buyoucos said it is as far as the Town Board is concerned , and , further that at the time of the adoption of the sign ordinance there was no great objection to it . Mr . Berkey reiterated that the Town Board has apparently passed an illegal sign ordinance or one which cannot legally be enforced . Mr . Buyoucos said the Town has simply adopted the same kind of sign law that many other townships have passed . Mr . Berkey continued to argue the point . At this point the Supervisor advised Mr . Berkey he had the right to address the Board about problems and his concerns and state his positionse he is not entitled , however , to argue with the Board and take up its time in argumentation . Ift �r / 57 Town Board Minutes - 4 - August 8 , 1977 Mr . Berkey inquired as to the status of the Ithaca Elm-Maple Houses , Inc . annexation . He asked if the City of Ithaca had annexed the area . Mr . Buyoucos replied that the petition for annexation was thrown out of Court by the Appellate Division . Mr . Berkey asked again if the ; area had been annexed . Xr . - Buyoucos asked how it could be an - nexed if the petition for annexation was denied . Mr . Berkey persisted in asking if the area had been annexed . He was advised that it had not . Mr . Berkey asked if the Maple ' Hills . had paid their water bills . Supervisor Schwan Said he did not know whether the water bills of any particular property owner were paid , but that 11r . Berkey could call the Town office and find out from the Clerk . Mr . Berkey raised again the ': tems outlined in his letter of August 29 , 1977 to . the Town Clerk ( attached to the . minutes of July 11 , 1977 ) . Councilman Desch recommended that the Highway Superin - tendent meet with Mr . Berkey at the area in question and determine what can be done . vir . Parkin said he could put up a school crossing sign and he could put 15 mph sign on the curves . The Board urged him to do so , and instructed him also to meet with Mr . Berkey to see if anything else can be done in line with Mr . Berkey ° s recommendations . Mr . Berkey asked what the location of Pennsylvania Avenue was referred to in Mr . Buyoucos ° s report . He was advised it was the South Hill area adjacent to Coddington Road . Mr . Berkey asked if the Town Board were contemplating condemning a road after a develop° ment has taken place . Mr . Buyoucos said this was not the case . Super- visor Schwan said this is a development which was part of the old Ithaca Land Company . Mr . Berkey asked why a road is needed . The Supervisor said because some of the ', people who own lots in the area would like to build . As of now they cannot get mortgages at the bank until the road matter is resolved . IMr . Buyoucos stated a further reason was to complete the loop of road in the area . kr . Buyoucos said it was his understanding that the majority of the people in the area are in the lower middle income bracket and they would like to have the road completed to make building on the lots or sale of the lots possible ( as well as completing the loop ) . Mr . Berkey asked if the Town has received any petition for a road from the landowners in the neighborhood . The Supervisor said there is a petition from Mr . I3ilker , who is one of the people who owns . lots in the area . k1r . Buyoucos noted he has information that there are others in the area interested in the project . Mr . Berkey asked if there is a written request from Mr . Hilker . There is no written request from 13r . Hilker but he has made the request verbally several times . Mr . Berkey asked if Forest Dome residents are paying the full Bolton Point water rate . He was advised that they are . The Super- visor suggested that Mr . Berkey should read the Board minutes which are available to him rather than subject the Board to a review of matters which have taken place in the course of the year . Mr . Buyou- cos noted that much of the information Mr . Berkey seeks is available at the Town Office . Mr . Berkey asked what the situation was with respect to the painting of the Christopher Circle tank . The Supervisor reminded him that he ( Berkey ) was present when this matter was thoroughly dis - cussed at the July 11 , 1977 meeting of the Board . At that time a decision was made to re-bid the job '! rather than work with Virginia Erection Co . (Dote , This matter isalso referred to in the minutes of July 18 , 1977 . ) The Supervisor said Mr . Berkey was present at the meetings and had heard all the discussion . Mr . Berkey said he had heard two things , ( 1 ) a pressure problem which has been solved �e I Town Board Meeting - 5 August 8 , 1977 since Bolton Point is on the line and ( 2 ) it appears there is some other problem ( the Virginia Erection Co . bankruptcy ) . He said it appears in any event that the Town does not anticipate the tank will be painted in 1977 . He asked if that were the case and he was advis - ed it was . He complained that it is now seven years since the paint ing of the tank was first contemplated , and that the painting of the water tank was one of the things which would be facilitated by the consolidation of the districts . REPORTS OF TOWN OFFICIALS James Ve Buyoucos , Town Attorney II Mr . Buyoucos with reference !Ito Pennsylvania and Kendall Avenues , said a public hearing could be held to consider the advisa - bility of constructing public roads ^ or streets solely at the expense of the Town or solely at the expense of the property owner or partly at the expense of each in such proportions or amounts as the Town Board may determine . He said he would look into this further . He suggested this might be a good lain to have on the books . It would give a certain flexibility . No public hearing will be scheduled until the Board receives a recommendation from the Town Attorney . Liese Bronfenbrenner , Planning Board Chairwoman The Planning Board has not met since the last Town Board meeting . The Board will meet next week on the 16th (August ) to again discuss the Gebauer request , the sign ordinance and possibly proposals by Tom Niederkorn and Nr . , Plonkemeyer . The Planning Board has been in touch with the Town of Dryden Planning Board Chairman , Barbara Caldwell , in regard to requests made by Mr . Lucente for construction permits near the Town of Ithaca line ° cluster housing development off Meadowbrook in the Airport hazard zone ( open space to be in high level noise area ) a 19 units on Headow- brook accepted by Town of Dryden Planning Board all feed into the Town of Ithaca sewer ; phase two of this project ( 10 - 11 units on Cardinal Drive ) . The Town of Ithaca Planning Board is worried about drainage problems developing in the ToTom of Ithaca near these pro - jects . Can our sewer take this additional sewage ? Mrs . Caldwell suggested that Larry Fabbroni (TownlEngineer ) check the plans in the Town of Dryden office . Town of Dryden Planning Board will meet on August 18th to discuss these proposals . One Planning Board member reports that trees are being felled ' in the area of the project near the Airport . Tars . Bronfenbrenner reported that William Reece , from the Northeast , has resigned from the Planning Board . She hoped that a replacement could be appointed soon so that it would make it easier for them to have a quorum during the many up-coming public hearings . Robert Parkin , Highway Superintendent Piro Parkin said he had two proposals for a radio system for the Highway Department , one from Johnson Co and one from Motorola . He requested authorization to go to bid for 9 mobiles and one base , either using our own repeater or someone else ° s . He said with the present system he cannot reach all areas in the Town . There are quite a few " dead " spots . The Supervisor said there is money in the equipment fund to cover these items . Motion by Councilman Powers ; seconded by Councilman Desch , RESOLVED , that the Town Highway Superintendent is hereby authorized to advertise for bids for a radio communications system for the Town Highway Department . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays an none ) u , r l S�� Town Board F4inutes. - 6 - August 8 , 1977 Mr . Parkin asked for authorization to attend the annual con - ference of Highway Superintendents at the Stevensville Country Club at Swan Lake , New York September 20 , , 21 , and 22 , 1977 . Motion by Supervisor Schwan , seconded by Councilman Powers , RESOLVED , that the Highway Superintendent is hereby authorized to attend the annual conference of Highway Superintendents at Stevens - ville Country ' C1ub , Swan Lake , New York , September 20 , 21 , and 22 , 1977 , at Town expense . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays none . ) Mr . Parkin reported that the first $ 8 , 000 of Federal funds has been implemented in the road and street signing program . The second project at a cost of a couple of thousand dollars will soon be under way . The signs are on order and will soon be put up and in- spected . . He reported he had not yet started the paving program . The Lucente area is scheduled for paving on the " cigarette " streets , and also on Clover Lane , Coy Glen , and Elm Street . The sidewalk must be done fox` the Elderly Housing ; Campbell Avenue must be paved as well as Northview West . Mr . Parkin reported that the new highway facility is working out very well , but that it will be winter before all is in order and settled . Councilwoman Raffensperger asked when a full report would be available on the construction costs of the new facility . The Supervisor said a report would be forthcoming soon . MAGISTRATES ANNUAL CONFERENCE Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby authorizes that the Town Jus - tices may attend the New York State Magistrates Annual Convention at the Nevelli Hotel at Ellensville , New York September 18th through 21st , 1977 , at Town expense . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) APPLICATION FOR GRANT ON FIVE -AREA SEUJERING PROJECT Supervisor Schwan reported the Town has applied for a Federal grant on a collector sewer system in five areas of the Town . The Town is eligible . Public hearing has been held , archeological study has been completed , Environmental Impact Statement was reviewed by the Department of Environmental ' Conservation and approved and turned over to the Environmental Protection Agency . The matter was moved on to the New York Office , USEPA , Region II . They requested aerial photos and overlays and these were furnished to them . It appears that $ 1 . 1 billion of Federal funds became available for collector sewer' s (money made available when New York City defaulted on their share of projects to be built because they could not pay 12 - 1/2 % of project costs ) . When DEC began to run the applications for collector sewers through EPA , there was concern in the Congress because so much money was being spent on collector sewers . This resulted in a d irec - tive that before collector sewers could be funded , all alternative methods must be explored . Therefore , the Town of Ithaca has had to ` do ( with the help of the Tompkins County Health Department ) a house to house survey of sewer systems in the five areas , including soil type's , number of persons on premises , condition of present septic, . systems , indication of failed systems , etc . Town Board Minutes 4 7 _ August 6 , 1977 sirs . Livesay recommended that Matt McHugh might be able to Help in connection with the grant application . The Supervisor said he Mould enlist his help at the appropriate time . He said by October or N64ember it should be known . wheiher the grant will be received . PUBLIC , HEARING _ 7 ° 00 P . 11 . INCREASE. IN INCOME LIMIT FOR PERSONS 65 YEARS OF AGE ; OR OVtR REGARDING REAL,;.:, ESTATE TAX EXEMPTION Proof of post hg and publication of notice of public hearing having been presented by the Toi�m Clerk , the Supervisor opened the hearing at 1o00 p . m . He ' explained that the hearing is held for the purpose , of ' considerifiq , whether to raise from $ 6 , 500 to $ 7 , 200 the income limitation for _persons 65 years of age or over in connection vaith the 50n real estate tax exemption . The Supervisor asked if anyone wished to address the Board on this imatter . ; ate Berkey sa A . he hoped the Board, would consider adoption of the new income 14 ratio ' . Mgr . ! Hoffmann asked if the Board had considered any safeguards . against abuse of an increased income limim tation by people who might wish to ',lavoid paying their fair share of real estate taxes . He cited the example of a person who owns ;a house and gives it to aged parents earning below the income limita� tion (which house he will eventually inherit ) . It was pointed out there were certain problems with this - - gift tax , etc . The Board did not feel there could be any substantial abuse of the proposal since it has been in operation for `' some time already . at $ 5 , 004 and $ 6 , 500 without any noted abuse . Councilwoman Valentino noted that it appears to work the other way aroundr all people who are eligible are not taking advantage of their eligibility . The Supervisor then read the proposed amendment to the curl rent Local Law in full . No other persons wishing to be heard , the Supervisor closed the hearing , and the Board acted as follows ° I-lotion by Councilman MlcElwee ° seconded by Councilwoman Valentino , A LOCAL LAt1 AD4ENDING LOCAL LATH 1400 1 OF 1971 TIMICH PROVIDED FOR A PARTIAL TAX EXEIVIPTION OF REAL PROPERTY OTPoR ED BY CERTAIN PERSONS TLAUTH LII1ITED INCOME WHO ARE 65 YEARS OF AGE OR OVER BE IT ENACTED by the Town Board of the Town of Ithaca as follows , Section to This law is enacted pursuant to the provisions of Section 467 of the Real Property Tax Law as added to by Chapter 616 of the Laws of 1966 and as amended through Chapter 187 of the Laws of 1977 , Section 2 . Pursuant to the provisions of Section 467 of the Real Property Tax Lawp ' as above more particularly specified , Section 2 of the Town of Ithaca Local Law No . 1 of 1971 is hereby amended to raise the income limitation provided thereinto $ 7 , 200 . 00 . Section 3 , This Local Lawl!1shall not apply to any taxes assessed prior to the effective date of adoption . Section 4 . This Local Law shall become effective immedi .ate � ly . ( Del Rosso , Raffensperger , Powers , 1 I4cElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Councilwoman Raffensperger !Irecommended that a copy of the Local Law be sent to the Office for the Aging . 1 � 1 Town Board 1-2inutes - 8 - August 8 , 1977 TOWN OF ITHACA WARRANTS Motion by Councilman Desche seconded by Supervisor Schwan , RESOLVED , that the Town of Ithaca warrants dated August 8 , 1977 in the following amounts are hereby approved . General Fund $ 135 , 336 . 83 Highway Fund 8 , 154 . 58 Water and Sewer Fund . o . . . < > . . . . 46 , 014 . 42 ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) BOLTON POINT WARRANTS Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Town Board , after review , and upon the recommenda - tion of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , hereby approves the Bolton Point war - rants dated August 8 , 1977 in the amount of $ 28 , 750 . 99 in the con- struction account and $ 26x574 . 20 in the operating account . ( Del Rosso , Raffensperger , Powers , 11cElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) PUBLIC HEARING - 7e15 P . Pi . INCREASE IN SEWER PROJECT FROM $ 970 , 000 to $ 1 , 200 , 000 Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing . The Supervisor stated that the increase from $ 970 , 000 to $ 1 , 200 , 000 arises out of the fact that the original estimate on the project by Lozier Engineers , Inc . is now about three years old . When the possibility of a grant developed , the figures were updated to account for inflation . The Supervisor asked for comment from the public . Mr . Berkey asked if a financial statement were available at this meeting , a detailed set of costs , item by item , showing where the increases have come from . The Supervisor said such a statement was not available at this meeting , that is , a breakdown , item by item . The increase , he said , is essentially based on inflation . Mr . Berkey insisted that an increase of $ 230 , 000 should be supported by a financial statement . Councilman Powers said it appears the engineers have now come back with a percentage increase based on inflation . He said there is available in the Town Office the original figures and new estimated costs . He suggested that to the original cost a factor for inflation has been applied . tiro Berkey said his understanding , then , ( based on what Dire Powers said ) is that the Town has in hand a figure which has been increased by $ 230 , 000 and Lozier is saying that every item is going to increase by the same percentage . Super- visor Schwan said he did not think that was the case . He said his understanding is that Lozier simply made their best estimate as to what the bid price for construction would be , and then they put to- gether a " package " with new numbers . He said he did not imagine the percentage of increase was the same on each item since there are so many divergent types of items - - 8 - inch mains , 4 - inch force mains , two bridges across Fall Creek , five pump stations , many manholes , Y ' s , laterals , etc . ,a that Lozier simply used their best judgment and prepared a new proposal with new estimates . Councilman Powers asked Pdr . Berkey if he would accept the fact that there is a formal propos - al available in the Town Office setting out the new figures . Pair . Berkey said the Town was holding a public hearing on the expenditure Town Board Aiinutes - 9 - August 8 , 1977 of nearly an additional quarter of a million dollars without any figures available at the meeting to justify the expenditure ° Council - man McElwee said it should be noted that the $ 1 , 200 , 000 is only an estimate , a maximum figure , and that that amount will not necessarily be spent . Mr . Berkey said the Town has always gone over every esti - mate . Councilman 14cElwee said that was not the case . bire Berkey said a public hearing was being held and he wanted to know what the addi- tional $ 230 , 000 represents . The Supervisor said the point is that the Town hired an engineer to design a system and to prepare a cost estimate and that essentially because of inflation the estimate has been increased . Mr . Berkey reiterated that a public hearing was be - ing held regarding an increased expenditure without benefit of a statement of the new costs . He said he found that unacceptable , The Supervisor thanked Mr . Berkey for his statement and no other persons wishing to be heard , he proposed closing the hearing , and asked what the pleasure of the Board was . At this point , Town Attorney Buyoucos said there must be more discussion . Ur . Buyoucos then outlined the procedural steps taken to get approval of the original $ 970 , 000 proposed to be raised entirely out of Town funds , since no grant was in view at that time . Now , Lozier Engineers , Inc . has submitted a proposal for an increase over the original cost . He said the law requires that the Town adopt a resolu - tion approving the increase and indicating it is in the public inter- est . There is a difference in the proposed resolution as compared to the original resolution ( for $ 970 , 000 ) , because now a Federal grant may be available , and the increase will not result in expendi - ture of additional Town funds . Actually , if the grant is approved , the Town will be spending less Town " funds than originally contemplated . The fact that the Town will not be spending any Town funds because of the increase makes it unnecessary to go to the Department of Audit and Control for approval , It would appear now that the Town will only need $ 450 , 000 ( $ 1 , 200 , 000 less estimated grant of $ 750 , 000 ) . Mr . Buyoucos said he would read the whole of the proposed resolution . ( Mr . Berkey commented that that would be helpful at a public hearing . ) Mr . Buyoucos said the proposed resolution is subject to a permissive referendum . If no grant is received the Town will still only have authorization to spend $ 970 , 000 , because if the grant were not avail - able the Town would have to raise $970 , 000 on its own . The original resolution was adopted on December 10 , 1973 . Councilwoman Raffens - perger asked why it was necessary to take this action now before the Board knows whether a grant is avaiable . Supervisor Schwan said the reason is that there is only approval for $ 970 , 000 at this time and that there is a good chance the Town will have to borrow $ 1 , 200 , 000 before any Federal money is received . The Federal money will prob- ably be doled out in segments . Councilwoman Raffensperger said she still did not understand the timing - - why it is necessary to do it now , The Supervisor said because the Town does not have authorization now to spend $ 1 , 200 , 000 ° Councilman Desch said the Town would not necessarily get the grant unless the present estimated total cost of the project ( $ 10200 , 000 ) has been approved . Councilman Del Rosso asked if the Town has a letter from Lozier Engineers , Inc . regarding the increase with back-up figures ° The Supervisor said the Town has had this material for some months , going back to the time the Town approved expenditure of money for the Environmental Impact Statement and archeological studies . Lozier Engineers , Inc . updated the report because of its age in terms of construction costs and the effects of inflation . ;qro Buyoucos read the resolution in full at this point . 163 Town Board 11inutes - 10 - August 8 , 1977 Councilman Del Rosso said his understanding ( from the reading of the resolution ) was that if the grant does not come - through , the proposed resolution would be void . Mr . Buyoucos said that if the project is going to cost more than $ 970 , 000 ( as it would appear from the estimate of $ 1 , 200 , 000 ) and the increase were to be financed by the issuance of bonds , then it would be necessary to go to Audit and Control to get approval . Councilman Del Rosso said it appeared , then , Of the Town does not get the grant it will not proceed with the pro - ject . RTr . Buyoucos said the resolution says the increased amount is being authorized because it is not going to be paid for by the sale of serial bonds . If the Town does not get the Federal grant , then obviously there is a `' gap " in the proceedings . Audit and Control approval for the increase would be required . Councilman Del Rosso said his assumption remains .* that if the grant is not received the proposed resolution would be void . At 7029 p . m . the Supervisor„ was about to close the hearing , when Mr . Berkey indicated he wished, to speak . Councilwoman Raffens - perger recommended continued discussion from the floor . The Super ® visor said he had no objection . kr . Berkey said he appreciated the fact that the Board had held the two public hearings at 7 : 0'0 p . m . and after and said he wan- ed to encourage holding them even later . He also requested that in the future , at public hearings , all information regarding a project should be available . Rir . Buyoucos explained that if a project increases in cost between its inception and the time 1t actually goes to bid , one would have the classic case where it is necessary to hold a public hearing and then go to Audit and Control for approval of theLincreas ; e . In the present case , however , the increase would not be funded out o• f Town monies in view of the anticipated Federal grant , and , therefores , it is not necessary to have approval of Audit and Control . Mir . Buyoucos said the purpose of this resolution is to have something on record so that when the Federal '.agency is approached , the Town has " crossed all the T ' s and dotted all the I ° s " . F1r . Berkey posed the question : What happens if the 'Vederal grant comes through for $ 230 , 000 ( the amount of the increase ) . The Supervisor said the grant will be for 75 % of the Town ' s eligible cost , and that the Town al - ready has approval to bond for $ 970 , 000 , but at this time cannot afford to build the project . 14r . Berkey asked ; If the Town cannot build it for $ 970 , 000 , how will the Toxin pay $ 450 , 000 ( $ 1 , 200 , 000 minus anticipated $ 750 , 000 grant ) . The Supervisor said that with the current $ 50 per unit for sewer benefit , the Town can afford about $ 400 , 000 . Mr . Berkey asked if there were any figures to support this . Supervisor Schwan said figures in support of this were made available when the original $ 970 , 000 was approved . No other persons wishing to be heard , the supervisor closed the hearing , and the Board acted as follows : 11 At a regular meeting of the Town Board of the Town of Ithaca , Tomp- kins County , New York , held at the Totem Ball , in Ithaca , New York , on I he 8th day of August , 1977 , at 7 : 15 p . m . Eastern Daylight Saving Time , PRESENT : Walter J . Schwan , Supervisor Andrew Via McElwee , Councilman Noel Desch , Councilman Victor Del Rosso , Councilman Robert TN1 . Powers , Councilman Catherine A . Valentino , Councilwoman Shirley Raffensperger , Councilwoman 110 Town Board Minutes - 11 - August 8 , 1977 ) . In the . 14atter ) The Increase in . the 'Maximum Amount ) Proposed to be . Expditded: :fbr the Original . ) Improvements in the . TOwn Wide Sewer ) Improvement . Benefit6a Area in the Town ) of Ithaca , Tompkins County , New Yorke ; ) WHEREAS ; pursuhht to proceedings, heretofore had and taken in accordance with the provisions of Section 209 -q of the Town Law and more particularly * , resolution of this , Town Board dated December 10 , 1973 , and an approving ; order of the : Comptroller of the State of New York dated July 22 ; 1974 , the Town of Ithaca , Tompkins County , New York , has heretofore established the Town Wide Sewer Improvement Area in said Town and has authorized a sewer improvement therein ; and PTHEREAS , pursuant to additional proceedings brought in accord ® ance with the provisions of subdivision 5 of said Section 20 § q , a public hearing was called to be held on August 8 , 1977 at 79. 15 , o ' clock PoMee Eastern Daylight Saving Time , at the . Town Eall , at 126 ' East Seneca Street , Ithaca , New York , in the City of Ithaca , New York , on the proposed increase of the maximum estimated cost of such improve- ment from $ 970 , 000 to $ 1 , 200 , 000 , an increase of $ 230 , 000 ; and WHEREAS , - said hearing was duly held at the time and place designated , at which all persons interested in the subject matter thereof were heard ; and WHEREAS , no approving order of the State Comptroller is neces - sary for the authorization of such increase in view of the fact that no part of such amount will be financed by the Town of Ithaca by issuance of bonds , note certificates or other evidence of indebted - ness , and in view thereof , the expense of such increased amount shall be provided from capital grant monies from the Federal government and other sources ; and . WHEREAS , it is now desired to authorize and approve said . in- crease ; NOTr THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows * Section 1 . It is hereby determined that it is in the public interest to authorize an increase in the maximum amount proposed to be expended for improvements in the' Town [Aide Sewer Improvement Bene- fited Area in the Town of Ithaca , Tompkins County , New York , as des - cribed in the preambles hereof from the or..iginally estimated amount of $ 970 , 000 to $ 1 , 200 , 000 , an increase of $ 230 , 000 . Section 2 . The Town Clerk is hereby authorized and directed to cause cert- tified copies of this order to be recorded and filed in accordance with the provisions of Section 195 of the Town Law . Section 3 . The aforesaid increase is hereby authorized . Section 4 . Pursuant to the provisions of subdivision 5 and subdivision 11 ( a ) of Section 209 -q of the Town Law , this order is adopted subject to permissive referendum . r ,.. ' 6 � Town Board Minutes - 12 - August 8 , 1977 The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows : Councilman Del Rosso VOTING Aye . Councilwoman Raffensperger VOTING Aye . Councilman Powers VOTING Aye . Councilman McElwee VOTING Aye . Councilwoman Valentino VOTING Aye , Councilman Desch VOTING Aye , Supervisor Schwan VOTING Aye . The order was thereupon declared duly adopted . WEST HILL CLINIC Town Attorney Buyoucos asked the Town Board if they wished him to continue to be involved in the Ilest Hill Clinic matter as he has been so far , that is , in upholding the integrity of the Town ' s Board of Appeals . He was urged to do so . ADJOURNMENT The meeting was duly adjourned at 8 : 05 p . m . Edward L . Bergen Town Clerk �I REPORT ON , CONSTRUCTION COSTS FOR NEW TOWN MAINTENANCE FACILITY J Chrisanntha _ . : . . . . 0 .0a000 . 0a00aaaaa 0 $ 139 , 085 . 00 Box Electric 9999 .. . . . . . . . . . . . . . 9999 23 , 966 , 00 Kimble Plumbing ' & Heating :' . . . : . . . . . . . 12 , 411 . 00 A . Roy - Auchinachie Sons ., " : . . 0 0 0 0 a 0 so 17 , '538 . 00 ' $ 193 , 000900 MacNeil Engineering .. 900 .00004 . 0 . 4 , . 4 . 00 . 0 20 , 687 . 20 Town Expenses . . . . . . . . . . . °. . 1.1 -1.46 .,.48. TOTAL . . . .. : * % * * $ 224 , 833 . 68 * See attached itemization , ITEMIZED TOWN EXPENSES sPurchase :Offer $ 100000 Purchase Offer 100000 Recording Fee 8 . 00 Auction Fee 2 , 102 . 00 Appraisal Fee 125 . 00 Abstract 121 . 00 Well Tank . . 313 . 00 Pump Tental _ .` : 4s00 Earthmoving 544 . 00 Concrete Testing 545 . 00 Floor Vents 24 . 20 _ Pipe Joints 31 . 70 Gravel - 152949 Septic Tank 340 : 15 CMO Pipe 380 . 36 Cinder Block 21972 Septic Field 60 . 90 Black Pipe 283 . 44 Channels 16000 r Concrete - 180000 Gravel Drive 9314965 a: Gas Tanks 11182 . 00 . Floor Vents 203 . 38 Soil Tests 206 . 50 Plumbing , Pump , Tank 1 , 300 . 84 f Black Pipe . 57 . 75 Air Compressor 1 , 651 . 52 Pipe 159 . 88 Total $ 11 , 146 . 48