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HomeMy WebLinkAboutTB Minutes 1982-07-26 TOWN OF ITHACA SPECIAL BOARD MEETING July 26 , 1982 At a Special 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 , a6 6 . 00 P . M . , ; ®n the 26th day of July , 1982 , there were ° PRESENT . Noel Desch , Supervisor George Kugler , Councilman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman Shirley Raffensperger , ,Couneilwoman David Jennings , Councilman ALSO PRESENTV James Buyoucos , Town Attorney Lawrence Fabbroni , Town Engineer Representatives of the Media * Lisa Best , WHCU PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . CONDITIONS OF SALE _ BIGGS COMPLEX . Supervisor Desch noted that the Board Members had received a draft proposal on the conditions of sale of the Biggs Complex . As yet , we have not received the map , therefore , no action on the matter would be appropriate tonight . He noted the problem was rather simple , what are the basis for the Town taking over any part of the water and sewer lines . He went on to say that there were a number of considerations to be decided on the scope of the utility takeover , Councilman McPeak asked how old are the sewer lines ? Supervisor Desch answered , all utility are fifty years old , The Supervisor went on to say that some water line run close to the property . Could fill basement with water if a pipe should burst . Councilman McPeak suggested that perhaps the County might be interested in a joint adventure , because of the age of the utilities . Town Engineer Fabbroni stated that the water main is flowing at. one -half the capacity now then when they were first built . The water lines duck in and out instead of running in a straight line .. Also , there is a good deal of leakage in the sewer line . ._ Councilman McPeak asked if the water line did break and flood the building , would the Town be liable ? Supervisor Desch answered yes the Town would be liable . We have insurance to cover this , however , a claim would raise the premiums . Councilman Kugler noted that if the premiums were raised , the whole Town would be asked to bear the burden . Councilwoman Kiefer asked if the Hospital Corporation had asked to have a portion of the land reserved ? Town Board Minutes - 2 - July 26 , 1982 Supervisor Desch stated that the Hospital Corporation would like to buy twenty additional acres . He noted that it sounded like a workable solution , the Hospital would bear the lions share of the maintananceo Councilwoman Kiefer asked if the County would provide a survey of the premises and did anyone know what portion the , Corporation wished to purchase ? Supervisor Desch answered no , he did not know yet what portion they wished to purchase . Town Engineer Fabbroni noted that they are talking about new land . The Hospital Corporation owns a portion , the Doctor ' s own another portion and now there is a secret Corporation who wish to buy a portion . Supervisor. Desch noted that the County owns the old steam plant . The Hospital Corporation owns the land under the new steam plant . Councilman Cramer asked , what about " H " Building ? Supervisor Desch answered , that he though the County planned to retain the " H " Building and the maintenance facility . Councilwoman Raffensperger wondered if the new map would show the relocation of Route 96 , she noted the former map showed the alignment going through the middle of the parking lot . Town Engineer Fabbroni responded , not throught the middle , but because of the width it could take some of the parking lot . Supervisor Desch noted that it is hard to discuss the issue until we receive the map and understand the situatiori a little better, He noted that he hoped to walk the land soon . e PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING LOCAL LAW # 5 , 1980 , TO CHANGE THE INCOME ELIGIBILITY FOR REAL PROPERTY TAX EXEMPTION FOR THE ELDERLY FROM $ 9 , 200 TO $ 10 , 500 . Proof of posting and publication of notice of public hearing to consider the adoption of a local law regarding a change in Real. Property Tax Exemption for the Elderly in the Town of Ithaca . - having been presented by the Town Clerk and noted that the Public Hearing was held within six days under emergency conditions and permitted to do same by Local Law No . l , 1965 , the Supervisor opened ., the hearing . The Supervisor noted that in 1971 , Local Law No . 1 , was adopted permitting a $ 5, 000 income eligibility for person over 65 . In 1977 , Local Law No . 2 , raised the income eligibility to $ 7 , 200 and Local Law No ., 5 , 1980 raised the eligibility limit to $ 9 , 200 . He further noted that the Town was notified on July 14 , 1982 , of the amendment to the Real Property Tax Law allowing municipalities to raise the income eligibility to $ 10 , 5000 The exemption applications must be filed by August 1 , 1982 , therefore , time was pressing for a quick adoption if the Town of Ithaca elderly were to t receive a tax exemption for the year 1983 . Supervisor Desch asked if there was anyone present who wished to speak for or against the proposed local law . As no one wished to speak , the Supervisor closed the public hearing . LOCAL LAW NO . 2 _ 1982 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , Town Board Minutes - 3 - July 26 , 1982 LOCAL LAW NO 2 - 1982 A LOCAL LAW AMENDING LOCAL LAW NO . 5 OF THE YEAR 1980 AS AMENDED BY LOCAL LAW N0 . . 2 OF THE YEAR 1982 , WHICH LAW PROVIDES FOR A TAX EXEMPTION OF REAL PROPERTY OWNED BY PERSONS 65 YEAR OF AGE OR OVER . Be it enacted by the Town Board of the Town of Ithaca as followso SECTION I . This law is enacted pursuant to the provisions of Section 467 of the Real Property Tax Law as amended by Chapter . 475 of the Laws of 1982 . SECTION II . Pursuant to the provisions of Section 467 of the Real Property Tax Law , as amended , Section 2 of the Town of Ithaca Local Law Noe 5 of 1980 , is hereby amended ' to raise the income limitation provided therein to $ 10 , 500 . SECTION III This local laws shall not apply, to any taxes assessed prior to the effective - date of adoption , SECTION IV . This Local Law shall become effective immediately , Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye , Councilwoman Kiefer Voting Aye , Councilman Kugler Voting Aye , Councilman McPeak Voting Aye , Councilwoman Raffensperger Voting Aye , Supervisor Desch Voting Aye , Local Law No . 2 - 1982 , was thereupon declared duly adopted . PUBLIC OFFICERS LIABILITY INSURANCE Supervisor Desch stated that in the past , discussions had been held on Public Officers Liability Insurance , however , as the premiums were so costly it was decided to wait until budget time to take further action . One million dollars of insurance will cost $ 3 , 000 and two million will cost $ 3 , 900 . Coverage from August 1 until the end of the year will cost $ 1 , 200 . The Supervisor stated that the Town would be able to handle this amount out of the continguency budget and , therefore , Public Officers Liability Insurance would be on the August agenda . Town Engineer Lawrence Fabbroni statedo that the Summer Youth �°- Program was working out fine . So far , we have a great bunch of kids . PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED SEWER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA - ITHACA AREA WASTEWATER TREATMENT PLANT IMPROVEMENT AREA , IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , PURSUANT TO THE PROVISIONS OF ARTICLE 12 -C OF THE TOWN LAW Town Board Minutes � 4 - July 26 , 1982 Proof of posting and publication of notice of public hearing to _ consider the adoption of the Matter of the Providing of a Proposed - Sewer Improvement and the Establishment of a Proposed Sewer ` Improvement Area to be known as the Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area , in the Town. of Ithaca , Tompkins County , New York , Pursuant to the Provisions of Article 12 -C of the. Town Law , having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch stated that each municipality was unique . in. their° process to achieve their level of approval . The City only needs to adopt a Bond Resolutions The Town of Dryden ' s process is quite straight as they already have a sewer district . : The Town of Dryden simply needs to modify the borrowing for the district . The Town. of Ithaca is governed by Section 209 -q of the Town Law and several steps are needed to achieve our approval . Tonight we will be approving the Order to establish the improvement . Supervisor Desch- noted that DEC had raised our rating up 34 % . This is crucial now and on the funding also . The Supervisor went on to say that big borrowings could be expected in 1985 and 1986 . However , he noted that the Town should be careful to have funding available in 1983 , in case we get lucky . . Councilwoman Kiefer asked the Supervisor if a decision had been . reached on the effect the dredging would have on the outfall ? Supervisor Desch stated that the area will be surveyed again . Piping will be bedded . at proper elevation . Councilwoman Kiefer questioned if the dredging would have any effect on the ( water ) current patterns ? Supervisor Desch responded that the dredging was not expected to have any effect on the current , however , they would know for surie before the pipe was installed . Town Attorney James Buyoucos stated that there was a delay on the part of the Bonding Attorney in getting all the necessary papers back because of a delay in getting the Affidavit of Posting from the Ithaca Journal . He went on to say that Jean Swartwood would be sending the package of material to the Bonding Attorney ' s Wednesday night . Mr . Buyoucos stated that if the Bonding Attorney . finds something he would like modified , this can be done at a later date , As no one was present to speak for or against the resolution _, Supervisor Desch closed the public hearing . Councilwoman Raffensperger noted that the resolution is open ended, with no limitations on time . She questioned if this was right? Town Attorney Buyoucos answered yes , there is never a time limit , In all the time as Town Attorney , I have never seen a time l;_mit. placed . The resolution can be recinded , after holding . another public hearing , however , you have to have a very good reason . The Town Attorney went on to say that we are establishing ,, approving and authorizing the construction of this project as described here . Councilwoman Kiefer asked , why go with the outfall ? - Supervisor Desch stated that there was no guarantee of funding for the STEP II construction . The Federal government would reimburse 75 % of the outfall . Councilman Jennings questioned the necessary acquisition of lands or right- of -ways as being ineligible costs . How much control or lack of control will there be . Who has control , the Town Board ? Town - Board Minutes ° 5 - July 26 , 1.982 Supervisor Desch stated the ineligible costs are by definition delineation . Councilman Jennings questioned , if we are going to pay for things • that are ineligible , how are we going to limit ineligible costs > Supervisor Desch answered , scope of design does not allow engineer on delineated costs . Councilman Jennings questioned , delineated by scope or project ? . Town Engineer Fabbroni stated if your accounting , throughout the entire project is up to date and proper , most items will be deemed eligible . Town Attorney Buyoucos questioned when eligible costs are put before the SJS ? Supervisor Desch answered , each month . Town Engineer Fabbroni noted that Dominic Cafferillo was on top of all paper work . His experience with the New York State Department of Audit and Control is very helpful . Councilman . Jennings asked if there was any level of effort to be done or planned to be done by the Department of Public . Works and then paid by all municipalities involved ? Supervisor Desch stated. that the Sewer Evaluation was a good example of work done by the Department of Public Works . Town Engineer Fabbroni noted that the opening of manholes or the reading of meters was done in - house which was cheaper than hiring outside person . Administrative projects , if DEC is informed ahead of time and approves , they are then eligible , RESOLUTION NO . 97 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , pursuant to Article 12 -C of the Town Law of the Town of Ithaca ® in the County of Tompkins , New York , has heretofore duly caused a plan , report and map to be prepared and filed in the office of the Town Clerk of the Town relating to the creation of the aforesaid Town of Ithaca -- Ithaca Area Wastewater Treatment Plant Improvement Area , and further relating to the providing , of a . wastewater treatment system ; such wastewater treatment system to be constructed and owned jointly by the City of Ithaca , the Town of Ithaca and the Town of Dryden pursuant to an intermunicipal agreement heretofore entered into pursuant to the provisions of Article 5 -G of the General Municipal Law ; which ' 0 a nt project is to be known as the Ithaca Area Wastewater Treatment Plant Project , and WHEREAS , the area of the Town determined to be benefited by the said Town of Ithaca ° Ithaca Area Wastewater- Treatment Plant Improvement Area consists of the entire area of the Town excepting therefrom the area contained within the Tillage of Cayuga Heights , and WHEREAS , an order was duly adopted by said Town Board on July 12 , 1982 , reciting the proposed improvement , a description of the boundaries of the proposed improvement area , the maximum amount proposed to be expended for said sewer improvement , the proposed method of apportioning the cost of said sewer improvement , the proposed method of financing to be employed , the fact that said plan , report and map were on file in the Town Clerk ' s office for Town Board Minutes - 6 - July 26 , 1982 public inspection and specifying the Town offices at 126 East. Seneca Street , Ithaca , New York , as the place where and July 26 , 1982 , at 6 : 30 o ' clock P . M . , Daylight Saving Time , as the time when such Town Board would meet and hold a public hearing on . the authorization of the said improvement and establishment of the said proposed improvement area and on the plan , report and map filed in relation thereto , at which all person interested in the subject thereof would be heard concerning the same , and WHEREAS , said Town Board duly caused a copy of said order to be published and posted in the manner and within the time provided by law , and proof of said publication and posting has been duly - presented . to said Town Board , and WHEREAS , said public hearing was duly held at the time and, place set forth in said order as aforesaid , at which all persons desiring to be heard were duly heard , and WHEREAS , said Town Board has duly considered said plan , report and , map , and the evidence given at said public hearing , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of . Ithaca , in the County of Tompkins , State . of New York , as follows : SECTION 1 . Upon the evidence given at the aforesaid public hearing it is hereby found and determinedo a ). That all property in the said Improvement area as , hereinafter described is benefited by the said sewer improvement and that all property benefited by said sewer improvement is included in said Improvement Area , and b ) That it is in the public interest to establish such improvement area as it is hereinafter described and to provide said sewer improvement -as hereinafter authorized . SECTION 2 . The establishment of the aforesaid improvement area to be designated and known as the Town of Ithaca _ Ithaca Area Wastewater Treatment Plant Improvement Area in said Town ( which is a part of the said Intermunicipal Project known as the Ithaca Area Wastewater Treatment Plant Project ) is hereby authorized and_ approved , and said area which may be referred to either as the benefited area or the improvement area consists of and may be described as the entire area of the Town of Ithaca outside of the Village of Cayuga Heights , which is4 the only village located in said Town . SECTION 3 . aj The construction of the aforesaid sewer improvement substantially in accordance with the aforesaid plan , report and map is hereby authorizede such improvement consists of a new 10 , 000 , 000 gallon per day activated sludge treatment plant to achieve secondary treatment and phosphorous removal , primary and secondary settling tanks , aeration basins , phosphorous stripper tanks , septic storage tanks , gravity thickeners , primary and secondary digestors , sludge dewatering equipment , a new administration building and chlorine building , approximately 6 , 300 feet of 48 and 36 - inch outfall sewer and 20 6 - inch ports , and improvements incidental thereto , , . and original furnishings , equipment , machinery and apparatus , and appurtenant facilities required in connection therewith , including any necessary acquisitions in land and rights in land together with certain additional incidental expenses occasioned by reason of the aforesaid intermunicipal agreement , including payment to the City of Ithaca for certain STEP II design costs , payment to - the City of Ithaca for the acquisition of certain rights in land currently owned by said City and payment of certain ineligible costs , as more fully described in the aforesaid plan , report and map . Town Board Minutes _ 7 - July 26 , 1982 b ) The maximum amount proposed to be expended by the City of Ithaca , the Town of Ithaca and the Town of Dryden for the aforesaid improvement is $ 36, 461 , 094 , and the maximum amount proposed to be expended by said Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area ® s share of the cost of said improvement is $ 15 , 395 , 8100 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 the extent monies are not available from sewer rents collected for the aforesaid improvement , to be payable from assessments levied upon_ and collected from the several lots and parcels of land deemed benefited ~ by said improvement and located in the aforesaid ' benefited area , 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 , however , the amount of serial bonds ultimately to be issued shall be reduced by the amount of any Federal and / or State grants - in- aid received by the Town of Ithaca for such improvements . c ) The said Project of which the aforesaid improvement area is a part will be constructed , used and operated by the said City of Ithaca , Town of Ithaca , and the Town of Dryden pursuant to the agreement of municipal cooperation entered into between, the said municipalities pursuant to Article 5 - G of. the General Municipal Law . This resolution is adopted subject.. to the approval of the State Comptroller in accordance with the provisions of subdivision 13 of Section 209 - q of the Town Lawo d ) Pursuant to the provisions of subdivision 11 ( a ) of Section 209 - q of the Town Law this resolution IS adopted subject to permissive referendum , The question of the adoption of the said resolution was duly put to a vote on roll call , which resulted as follows : Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilman Jennings Noting Aye Councilwoman Kiefer Noting Aye Councilman Kugler doting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye The Resolution was thereupon declared duly adopted . EXECUTIVE SESSION RESOLUTION NO . 98 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorized the Town Board to convene into Executive Session to discuss a pending law suit , ( Desch , Kugler , Cramer , McPeak , Raffensperger , Jennings and Kiefer voting Aye . Nays - none ) , RESOLUTION NO , 99 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board , of the Town of Ithaca hereby authorizes the Town Board to reconvene into open session , ( Desch , Kugler , Cramer , McPeak , Raffensperger , Jennings and Kiefer voting Aye . Nays - none ) . Town Board Minutes - 8 - July 26 , 1982 AUTHORIZE SUPERVISOR TO APPLY TO AUDIT AND CONTROL RESOLUTION NO . 100 Motion by Supervisor Desch ; seconded by Counilman Kugler , In the Matter of the Providing of a Proposed Sewer Improvement and the Establishment of a Proposed Sewer Improvement Area to be known as the Town of Ithaca , Ithaca Area Wastewater Treatment Plant ` Improvement Area , in the Town of Ithaca , Tompkins County , New York , Pursuant to the Provisions of Article 12 -C of the Town Law , The Town Supervisor , or in his absence , incapacity , disability or other inability to act , the Deputy Town Supervisor , is authorized with the Assistance of the Attorney for the Town , to prepare , excute and file with the Department of Audit and Control , pursuant to the provisions of Article 12 -C of Town Law , application for approval of the proceedings and the resolutions adopted in the above matter and to do any and all acts and execute such documents _ . as may be required in order to obtain such approval . ( Desch , Kugler , Raffensperger , Cramer. , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned , wn lerk