Loading...
HomeMy WebLinkAboutTB Minutes 1979-08-27 i TOWN OF ITHACA ADJOURNED BOARD MEETING August 27 , 1979 At an Adjourned Meeting of the Town Board of the Town of Ithaca , - - Tompkins County , New York. , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 p . m . , on the 27th day of August , 1979 , there were ® PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman George Kugler , Councilman ® ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer Nancy M . Fuller , Deputy Town Clerk Gust Freeman , County Representative Representatives of the Media : , Carol Eisenberg , Ithaca Journal Steven Scholl , WTKO ABSENT : Victor Del Rosso , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . 1980 TANK PAINTING PROGRAM Supervisor Desch read a letter , dated August 24 , 1979 , from Leonard E . Bower , P . E . , Project Manager of Lozier Architects / Engineers regarding their proposal for the 1980 Tank Painting Program , as follows : " Thank you for your request for proposal on the above refer - enced project . We estimate the fee for our work on this project to be $ 3 , 200 . 00 dollars . This assumes that all three ( 3 ) tanks will be bid in the same specification and awarded as a single contract . For the fee , we will prepare contract documents ( including approval by NYSDOH ) , assist the Town in advertising and receiving bid for the project , attend the necessary pre - construction meeting , prepare monthly estimates and associated paper work , and perform inspection ® on the work subsequent to sand blasting and after final painting . " I propose that this work be done on a per diem basis ( plus expenses ) using the above figure as an estimated maximum . Scope < . of services upon which this fee is based does not include attendance at the bid opening . If this proposal is acceptable , please sign below and return a copy to me . " I wish to thank you for this opportunity to be of continuing service to . the Town of Ithaca . Should you have any questions , please let me know . " Supervisor Desch stated that the funds for the design and specification writings are available . The project is proposed for next spring . Town Board Minutes - 2 - August 27 , 1979 RESOLUTION N0 . 163 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that the Town Board hereby authorizes the Super - visor to accept the estimated maximum fee of $ 3 , 200 as proposed by Lozier Architects /Engineers as set forth in their letter dated August 24 , 1979 , for the preparation of contract documents , assist the Town in advertising and receiving bids , attend the necessary pre - construction meeting , prepare monthly estimates and associated paper work , and perform inspection on the work subsequent to sand blasting and after final painting for the water tanks on Trumansburg Road , Northview Road , and Troy Road . ( Desch , McElwee , Kugler and Powers voting Aye . Nays - none ) Supervisor Desch stated that in going back through the records , it was found that the Town Board never adopted the $ 800 , 000 Serial Bond maturity schedule . RESOLUTION NO . 164 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the Town Board adopt the maturity rate schedule for the $ 800 , 000 in Serial Bonds at a rate of $ 40 , 000 per year for twenty years , as recommended in February 1979 by Bernard P . Donegan , Inc . , in the draft brochure . ( Desch , McElwee , Kugler and Powers voting Aye . Nays - none ) RESOLUTION NO . 164 -A BOND RESOLUTION - STONE QUARRY- PITTMAN LANE - KING ROAD WEST WATER IMPROVEMENT ( $ 250 , 000 ) Supervisor Desch read in its entirety a proposed resolution authorizing the issuance of $ 250 , 000 in Serial Bonds of the Town of Ithaca , to pay the cost of a proposed water improvement designated the Stone Quarry - Pittman Lane - King Road West Water Improvement . At an adjourned meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices , in Ithaca , New York , in said Town , on the 27th day of August , 1979 , at 5 : 30 o ' clock P . M . , Eastern Daylight Saving Time . ® The meeting was called to order by Supervisor Desch , and upon roll being called , there were ® PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman George Kugler , Councilman ABSENT : Victor Del Rosso , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman The following resolution was offered by Supervisor Desch , who moved its adoption , seconded by Councilman Powers , to wit : 3 Town Board Minutes - 3 - August 27 , 1979 BOND RESOLUTION DATED AUGUST 27 , 19799 A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 250 , 000 SERIAL BONDS OF THE TOWN OF ITHACA TOMPKINS COUNTY , NEW YORK , TO PAY THE COST OF A PROPOSED WATER IMPROVEMENT DESIGNATED THE STONE QUARRY- PITT14AN LANE - KING ROAD WEST WATER IMPROVEMENT . WHEREAS , by proceedings heretofore duly had and taken pursuant to Article 12C of the Town Law , and more particularly a resolution of the Town Board of the Town of Ithaca , Tompkins County , New York , dated April 23 , 1979 , and an approving order of the State Comptroller dated August 15 , 1979 , a water improvement known as the Stone Quarry - Pittman Lane - King Road West Water Improvement , has been established in and for said Town , and the construction of the proposed improvement has been authorized , and WHEREAS , it is now desired to provide for the financing of said improvement ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . The specific object or purpose of the Town of Ithaca , Tompkins County , New York , for which the bonds herein authorized are to be issued , is the construction of a water improve - ment described in the preambles hereof , consisting of water mains , hydrants , valves and appurtenances and facilities to be constructed along Stone Quarry Road and West King Road to furnish municipal water facilities to the properties in the area determined to be benefited thereby , all as more fully described in the plan , report and map heretofore prepared in connection therewith , and filed in the office of the Town Clerk . Section 2 . The maximum estimated cost of the .aforesaid specific object or purpose is $ 250 , 000 , and the plan for the financ - ing thereof is by the issuance of $ 250 , 000 serial bonds of said Town hereby authorized to be issued pursuant to the Local Finance Law . Section 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law . It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years and that such maximum maturity will not exceed twenty years ® pursuant to the aforesaid provisions had and taken in accordance with (� Article 12C of the Town Law . Section 4 . The faith and credit of said Town of Ithaca , ® Tompkins County , . New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable . There shall annually be assessed , levied and collected from the several lots and parcels of land within said Stone Quarry- Pittman Lane - King Road West Water Improvement , which the Town Board shall determine and specify to be especially benefited by the improvement , an amount sufficient to pay the principal of and interest on said bonds as the same become due , but if not paid from such source , all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to nay the principal of and interest on said bonds as the same shall become due . Town Board Minutes - 4 - August 27 , 1979 . Section 5 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond antici - pation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . Such notes shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said Supervisor , consistent with the provisions of the Local Finance Law . Section 6 . The validity of such bonds and bond anticipation notes may be contested only if . 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or 2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . Section 7 . This resolution , which takes effect immediately , shall be published in full in the Ithaca Journal , the official news - paper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Noel Desch , Supervisor VOTING Aye Andrew W . McElwee , Councilman VOTING Aye Robert N . Powers , Councilman VOTING Aye George Kugler , Councilman VOTING Aye The resolution was thereupon declared duly adopted . STONE QUARRY ROAD WATER IMPROVEMENT RESOLUTION NO . 165 , 1979 Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , WHEREAS , on August 7 , 1979 bids were received for the construction of all facilities for the Stone Quarry Road Water Improvement , for the Town of Ithaca , New York ; and ® WHEREAS , the Town Board has carefully considered the Engineer ' s Report on these bids and has adopted a budget for said project ; NOW , THEREFORE , BE IT RESOLVED . That the award be made of contracts for construction to the following : FINGER LAKES CONSTRUCTION COMPANY for the contract sum of $ 172 , 810 . 85 as submitted in the bids and contract documents . Town Board Minutes - 5 - August 27 , 1979 This resolution is subject to compliance by the Contractor in furnishing all documents and items required by the bid and con - tract documents to the reasonable satisfaction of the Town Representa - tives and subject to proper execution of all required documents by the Contractor and by the Town Supervisor , and subject to compliance with all applicable law . ( Desch , McElwee , Kugler and Powers voting Aye . Nays - none ) BENEFIT LEVY ® Supervisor Desch read the following letter and report from Councilwoman Raffensperger , who was unable to attend the meeting : August 27 , 1979 Noel Desch , Supervisor Town of Ithaca Ithaca , New York Dear Noel : I regret that I am unable to attend the meeting tonight , particu - larly because the benefit formula revision has been put on the agenda . I had " signed up " for this meeting for last Tuesday , then last Thursday , and at those times , had told the Town Clerk that the only day I could not attend was Monday , August 27 . I have spent a substantial amount of time looking into the benefit formula revision , as you know . I have not seen the Planning Board minutes , I did ask the Planning Board secretary to have them avail - able by our September meeting , when I had assumed the item would be on the agenda . However , I have talked to some Planning Board members and have a clearer idea of their position . I would appreciate your distributing the following material to the Town Board and entering it into the minutes of the meeting tonight when the benefit formula revision is discussed . Sincerely , Shirley Raffensperger Councilwoman , Town of Ithaca I believe that the only reason to change the benefit formula for ® any one group would be to determine that that group either is not receiving the benefit ascribed to them and /or that they are not paying in reasonable proportion to other benefitted groups . Developers received benefit from the establishment of the Town - wide water and sewer districts . As Larry has pointed out , that system has made it less expensive to extend water/ sewer in the Town of Ithaca than in other municipalities . Developers received benefit from Bolton Point , perhaps more than any other group , with the guarantee of water availability . When the Town of Ithaca set BP fees , it did not impose on developers the $ 25 /per year fee , payable at time of development , that other BP municipalities levy . The payment of benefit , at the time of water/ sewer extension , was substituted . Town Board Minutes - 6 - August 27 , 1979 User fees/ surcharges , over the life of the systems involved , have increased greatly and pay a larger percentage of the total charges than before . The benefit levy has been relatively stable , subsidized by those user fees and by Town -wide Revenue Sharing funds . A gradually increasing benefit base , including the benefit we are considering exempting , has been used to predict our ability to pay for recently constructed , planned water/ sewer extensions . When the costs of a system are increasing , if one person or group is exempted , another person or group must pay that share . The impact increases as costs increase . With our . own recent extensions and with vastly increased sewer costs anticipated in the near future , it seems a poor time to erode the benefit base . The Town Board has had other groups request relief from benefit payments , among them : representatives of " old " areas of the Town where residents paid for their own lateral systems , who paid partially or completely for the capital costs of their local system , and who pay benefit levy under the Town -wide water / sewer districts , also BP benefit ; representatives of residents , who have one residence ( one user unit ) on 200 , 300 , 400 etc . foot frontage , who . have no intention of sub- dividing ( have not applied for subdivision approval ) and who _ . pay : 2 3 , etc . , benefit units . We have denied exemptions in all these cases . No benefit formula can be completely equitable , or perceived as such , but " tinkering " with the system will make any present inequities greater . The Planning Board made their recommendation to us on the basis of planning considerations , as we requested . They did - not consider the impact of the proposed exemption on the integrity of the benefit formula , the transfer of costs to other groups , or the impact of such exemptions on our ability to pay for recent extensions . Some of their considerations were : Under the present benefit levy , developers are discouraged from extending water/ sewer to the number of lots the developer considers most economical and the Planning Board considers acceptable from a planning point of view . This has come about because of a " money crunch " occasioned by the high cost of money that may have been borrowed for the improvement and the fact that the profits from that improvement are not realized until the lot is sold or developed . I would support a delay in the payment of the benefit charges in this case , but not an exemption . The benefit could be paid when the lot is sold or developed , for a certain period of years , which - ever occurs first . The Planning Board has required a developer to extend water/ sewer to a larger number of lots than the developer has considered most economical . In those cases , the Planning .Board has made a determina - tion that the additional extensions serve a planning purpose . It seems to me that the benefit , then , must be to the Town and not the developer and that it is not equitable to charge the developer for the . benefit ascribed to the additional requirements . In such a case , the Planning Board could request an exemption from the Town Board , citing the planning purpose ( loop , etc . ) , noting the number of benefit units involved , and the period of time the exemption should be in effect . Town Board Minutes - 7 - August 27 , 1979 There are inequities in the benefit formula - an example given was an undeveloped lot ( 107 Lexington ) , paying benefit of $ . 03 , adjacent to an improved lot ( 106 Concord ) , paying $ 102 . It seems possible to me that the undeveloped lot received much more benefit from the Town systems than $ . 03 covers , rather than that the $ 102 is not an equitable share of the costs of the systems . The Town must " grow or die " and the Planning Board is devoted to orderly , planned growth . Housing starts are decreasing . The Town has already put itself in a favorable competitive position with the low costs of water and sewer extensions made possible by the Town -wide water / sewer districts . ® Other factors in decrease of housing starts are not within the Town ' s responsibility - tight , expensive money , inflation , etc . We have no indication that relief would be passed on to consumers - - in any case " old " customers will have to cover the costs . The entire " housing industry " in the Town is suffering from the same economic conditions that the developers cite . There are an increasing number of houses and lots , with water / sewer , paying benefit charges , remaining unsold for extended periods . Is it good public policy to advantage one segment , directly and indirectly penalizing another ? Mr . Fabbroni stated that in the last five years , 120 lots were approved for subdivision . Today , 50 of the 120 lots remain undeveloped . An average of about 30 lots per year would be carried for the full five years . Councilman McElwee moved the adoption of the resolution amending the Benefit Formula . There was no second . Gust Freeman noted there would be no incentive to develop any subdivision . Attorney Buyoucos suggested the Benefit Levy state that in no case shall any lot be exempted for a period to exceed five years . RESOLUTION NO . 166 , 1979 An amended motion was made by Councilman McElwee ; seconded by Supervisor Desch , that the following resolution be adopted : WAIVER - In an approved sub - division , where a developer or owner has constructed an approved water distribution main and/ or a sani - tary sewer collector which will serve all or part of the sub - division , ® the benefit attributed to or assessed on the sub - division or the portion so served shall be determined by the provisions herein ( of said Water and Sewer Benefit Formula ) as if such improvements had not been made , except that ( i ) the provisions of this amendment shall apply only for a period of five ( 5 ) years after the date on which any such improvements have been finally approved by the Town Board or other Town Agency and ( ii ) if any sale , contract to sell , lease or other similar transfer of any lot or other portion of the subdivision occurs or if any permit to build on any such lot or portion is issued , then the foregoing provisions of this amendment shall not apply to such lot or portion . In no case , shall any lot be exempted for a period exceeding five ( 5 ) years . D Town Board Minutes - 8 - August 27 , 1979 The benefit assessed under this amendment must be reviewed and re - assessed annually . The developer or owner must apply annually be - tween September 1 and October 1 for purposes of this amendment and must certify the facts as to ownership , sales , transfers and issuance of building permits ; otherwise , the benefits of the lower assessment will terminate for the ensuing year . ( Desch , McElwee voting Aye . Powers and Kugler voting Nay ) The motion , therefore , was defeated . It was suggested that the whole Benefit Formula be rewritten with the Benefit Levy included at that time . ® JUNK CONTROL LAW A continued discussion was held on the proposed Junk Control Law . Attorney Buyoucos suggested that Section 2 , Item IV , be rewritten to state any automobile , boat , snowmobile , vehicle or other such device , which is in a state of disrepair or is other - wise dilapidated , broken or abandoned . Also , Item V to read . . . " Abandoned , discarded , broken or inoperable refrigerators , washing machines or other machinery or parts thereof . Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned . " Mr . Gust Freeman took exception to non - registered vehicles , such as snowmobiles and camping trailers , being considered as junk when parked on your property . Councilman McElwee asked if fallen trees might not present a problem . The question was raised about the Highway Department , who cut trees and if they are not picked up immediately , could be considered junk . Mr . Fabbroni voiced opposition of the Building Inspector being involved in enforcing the Junk Control Law . Further discussion on the Junk Control Law was adjourned to the September 10 , 1979 meeting . EXECUTIVE SESSION The Board durly retired into executive session , after which it reconvened in open session for the transaction of any further business which might come before the meeting . JP ADJOURNMENT There being no further business to come before the meeting , it was duly adjourned at 7 : 30 p . m . can Swartwood Acting Town Clerk