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HomeMy WebLinkAboutTB Minutes 1977-02-14 q TOTFIM OF ITHACA REGULAR BOARD AiEETnTG February 14 , 1977 - 50* 15 ( Rescheduled from February 7 , 1977 ). At the Regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , Tdew York * on the 14• th day of . Febru - ary., 1977 ( rescheduled from February 7 , 1977 ) at 5 ° 15 o . m . , there were PRESENT . Andrew Try . McElwee , Councilman Noel Desch , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT * James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer/ Building Inspector Robert Parkin , Highway Superintendent Lie :; e Bronfenbrenner , Planning Board Eva Hoffman , Planning Board Beverly Livesay , County Representative Sally Jackle , Town Justice Willis S . Hilker , Hilker Construction Co . Arthur L . Berkey , 128 Christopher Circle Harry Ce Cornwall ; 603 Cayuga Heights Road Richard Blatchleyo 131 I3oriness Lane Valerie 5tarkira7eather , 104 Sapsucker Woods Road Andy Ingraham, , . 224 Linden Avenue , cvddR Representatives of the Media ABSENT . Walter J . Schwan , Supervisor Councilman McElwee , as Deputy Supervisor , conducted the meeting . REFUND. OF TM ASSESSMENTS The Board considered the following requests for refunds of tax assessments . Thomas and Lena Gray , Parcel 53 - 1 - 5 . This property is be- ing charged for two units of water bene it and two units of sewer benefit . A study of the tax map indicates that water is available to this property ( from Coddington Road ) and that there is a stub for sewer in the old Lackawanna Railroad bed behind the property and downhill from it . It was determined that unless I.-Ire Gray has evidence by deed . that there is no access to the property , the water and sewer benefit charges will stand as rendered . Edward L . Rumsey , Parcel 38 - 1- 2 . A request has been re- ceived from Mr . Rurisey to remove this property from water benefit charges for the years 1976 and 1977 . Per . Rumsey in two letters , one dated January 4 and one dated January 17 outlined the history of the property and its present condition with respect to water ser vice . The consensus of the Board was that if the conditions are as outlined in Mr . Rumsey ° s letters the water benefit charge ought to be removed . Mr . Fabbroni will look into this matter on the prem- ises , and make a report at the next meeting . ! h V Town Board Minutes - 2 - February 14 , 1977 La r�and_E . Chase , Parcel 45 - 1 - 2 . 2 . This parcel has been charged with 14 . 3 units for water and 14 . 3 units for sewer . Mr . Chase has requested that the unit charge 'be re-calculated . Mr . Fabbroni said he had recalculated this parcel , based on the formula , and it appears it should be charged 11 . 97 units ( rounded off to 12 ) . Based on the recalculation , BRr . Chase is' entitled to a refund of 2 . 3 units for water and 2 . 3 units for sewer . Motion by Councilman McElwee6 seconded by Councilman Powers , RESOLVED , that the unit charge for water and sewer each be reduced from 14 . 3 units to 12 . 0 units and that water refund in the amount of $ 110 . 40 and sewer refund in the amount of $ 115 . 00 be made to Nellie Chase Estate , c/o Lagrand E . Chase , Tax Parcel 451 - 2 . 2 . Unanimously carried . Mario and Delia Per. fetti , Parcel 70 - 10 - 3 . 26 . This is a corner lot which has been charged two units for water benefit and two units for sewer benefit . The lot is 100 x 150 and , based upon the formula , this lot ' should be charged one unit . If it is deter - mined that there is not an apartment in the house on this lot , a refund of ' one unit will be made . ( If there *irere an apartment , two units would be a proper charge . ) (Tzars . Bronfenbrenrer , as a member of the Town Planning Board , was invited to sit at the Board table , and did so . ) REPORT6 ' OF COUNTY REPRESVNTATIVES Mrs . Livesay remarked that she was glad that Mrs . Bronfen- brenner was invited to sit at the Board table . She said she had been thinking since the December 31 , 1976 Town Board meeting (when Town/County relations and communication had been discussed ) that County Representatives have never been invited to sit at the table to be jointly involved in working out problems . She suggested that if meaningful relationships and interchange between the Town and the County are to be achieved , it will be necessary to work construc - tively from month to month together . Mrs . Livesay said that since she is the Chairman of the County committee having charge of the SPCA contract , she gets a lot of complaints about dogs . She said things are not working smoothly with the Tolpm ' s dog control law . The problem is the dif - ficulty of lodging a complaint against the owner if one cannot find out who the owner is . She said the Sheriff ' s Department does not appear to have the time or personnel to handle dog matters . Mrs . Livesay . suggested the Town might have a contract with the SPCA to respond to complaints and , pick up dogs creating a nuisance . Town Justice Jackle said she receives many complaints about dogs and that she advises the complainants to take action in accordance with the Town dog control law . It appears people are reluctant to file a complaint against their neighbors . They also resent taking the time when it is somebody else ' s dog creating the nuisance and often they don ' t know whose dog is involved . :'gr . Buyoucos noted that it is difficult for the Town Board to be effective if people do not want to enforce their rights . No law can be drafted to cover that . Thee was discussion of appearance tickets and who could issue them . This could be useful and is provided for in the Town ' s dog control law . No definite conclusions were reached at this time . However , Tars . Livesay said she would continue to work on the problem and suggested that the Town Board might wish to be in touch with Mr . Brothers at the SPCA . Town Board Minutes - 3 -- February 14 , 1977 Mr . Fabbroni asked Mrs . Livesay what the policy of the County is with regard to the consulting services that the County Planning Board performs for other municipalities . He felt the Town of Ithaca could use that expertise if it is available . Mrs . Livesay said she would be glad to find out what the policy is . She said she thought that the idea of the County planning staff is to provide cony sulting services . WVBR - ELECTRICAL SERVICE TO HUNGERFORD HILL TANK A representative of t-ATVBR again reminded the Board that WVBR is being metered by New York State Electric & Gas Corporation for electrical service to the . . unqerford dill water tank . There was considerable discussion of how these charges slight be assessed to the Town of Ithaca . It might be sub °metered on a temporary basis to get an idea of the consumption involved . Councilman McElwee suc ° gested that an extra set of wires might be extended so that the Town could take care of its own metered charges without bothering anyone else . Councilman Powers suggested that the ToxAm ought to consider retroactive payment to TWBR if the amount can be determined . Council ° man McElwee also suggested assuming an interest in the pole line and either leasing or buying into the pole lime . Ile thought this might be the best way . Councilman Desch recommended that the Town Engineer look into the feasibility of a separate service . The Board agreed that the Town Engineer should do so . STATER AND SE!mTER UNIT CHARGES FOR PROPERTIES WITH APARTFZENTS � The Board discussed the policy outlined in this matter at the November 4 , 1976 meeting of the Board and also the discus ° Sion had in January on the same subject . After some discussion , Councilwoman Raffensperger moved to adopt the policy enunciated at the meeting of November 4 , 1976 on a trial basis . This motion was seconded by Councilman Powers . After further considerable dscus - sion Councilwoman Raffensperger withdrew her motion and Councilman Powers his second to the motion , and it was agreed that Councilwoman Raffensperger , Councilman McElw-ee , Town Engineer Fabbroni , and Town Attorney Buyoucos would work together to prepare a suitable resole ° tion for the Board to consider at the next meeting . SCHEDULE PUBLIC HEARIPIGS ON FIVE AREA SEWER PROJECT I.4r . Fabbroni requested that the Board authorize two pupa° lic hearings on this matter , one to solicit public comment on a Facility Plan for proposed construction of sanitary sewers in Forest Home , Coddington Road , Slaterville Road , Elm Street and Glenside , and one to solicit public comment on an Environmental Impact Assessment for the same construction in the same areas . motion by Councilman I4cElwee ; seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board will conduct a public hearing on j March 8 , 1977 at 7030 p . m . , at the Town Offices , to solicit_ public comment on a Facility Plan for proposed construction of sanitary sewer extensions in Forest Home , Coddington Road , Slaterville Road , Elm Street and Glenside ; and will also conduct a public hearing on March 8 , 1977 at 8000 p . m . , at the Town Offices , to solicit public comment on an Environmental Impact Assessment for proposed construc- tion of sanitary sewer extensions in Forest Rome , Coddington Road , Slaterville Road , Elm Street and Glenside . Unanimously carried . Mr . Fabbroni noted that a record of the hearing will be submitted to the U . S . Environmental Protection Agency and the New York State Department of Environmental Conservation as part of the application for Federal funding of the proposed project . f � Town Board Minutes February 14 , 1977 PERSONS TO BE HEARD Mr . Richard Blatchley , 131 Honness Lane , again asked. the Board what it intends to do with respect to the revision of the Town official map which indicates a road across his property . The road was never constructed and it now raises a problem for him since he contemplates selling the property . I,e said he would like to be able to sell the property , or have the Town pay for it , and that the matter has been hanging on since 1968 . The road that was con - templated to be built has been related to traffic problems on Pine Tree Road . Mr . Blatchley is requesting a public hearing to address the matter . Hr . Fabbroni indicated there is no way to come to a decision on this matter unless a public hearing is held . Town Attorney Buyoucos recommended that prior to a public hearing the Town Engineer and the Town Board should determine upon a specific plan for revising the map , its relation to traffic in the area , how it affects properties in the area . Facts , specific proposals , and/ or alternatives should be studied and be available to the public prior to a public hearing . The Planning Board should also discuss the problem at its meetings . Ivlr . Pabbroni said he has some ideas that are an outgrowth of Town Meetings and civic association meet- ings with regard to th.� cross -Town road - - what people will accept and what they will not accept . He said he would1document the find - ings of those meetings , would prepare marked maps , and present all pertinent facts . If the Board then determines that a public hear - ing is advisable , one will be held , after which , according to law , the matter is referred to the Planning Board : Mr . Blatchley urged a public hearing at the earliest possible date . This matter will be on the March 7th agenda . ADDITIONAL HOURS AUTHORIZED FOR COURT CLERKS FOR TOWN JUSTICES Town Justice Jackle appeared on behalf of herself and Jus - tice Blye to request authorization of . 30 additional hours for a Court clerk at the same hourly rate as now ( 30 hours additional per month ) . This would make a . total of 60 hours per month to be shared by the two Justices . The consensus of the Board is that that case load justifies the additional hours . However , it does not appear that Sylvia Van Skiver who has been working 3 ,0..... hours a month in the evening for Judge 81ye as a Court Clerk can n/ take on the additional 30 hours . Therefore , another Court Clerk will be hired . Motion by Councilman Del Rosso ?* seconded. by Councilwoman Raffens - perger , Pi; SOLVED , that this Board hereby authorizes up to an additional 30 hours per month of Court clerk services ( at $ 3 . 00 per hour ) , making a total or 60 hours per month to be shared jointly by the two Town Jutices . / Unanimously carried . i REFEREEDUT-1 ON ELECTION OF COUNCIL14EN The Board discussed the forthcoming referendum and acted as follows , Motion by Councilman Deschr seconded by Councilman Powers , WHEREAS , the Town Board has adopted the Local Lava described in the proposition hereinafter set forth and said Local Law is sub - ject to a mandatory referendum and will take effect only upon the adoption of a proposition to approve said Local Law by a majority of the qualified electors of the Town of Ithaca voting at an elec - tion held in the manner prescribed by Article 6 of the Tom Law of New York , and the Town Board desires to provide for the submission of such a proposition of the qualified voters , 13 Town Board minutes - 5 - February 14 , 1977 NOR,1 , THEREFORE , r BE IT RESOLVED by the Town Board of the Town of Ithaca , in the County of Tompkins , as follows9 1 . A special election shall be held in the Town of Ithaca on the 19th day of April , 1977 , for the purpose of submitting to the qualified electors of said Town the proposition set forth below . 2 . The qualified voters shall vote at the following places in the Town , being the places designated by the Town Board for the holding of this election9 Polling Place Voting Districts Tompkins County Hospital Districts 1 and 2 Hermann M . Biggs Building Room 121 1287 Trumansburg Road National Cash Register Co . District 3 Cafeteria 950 Danby Road Ellis Hollow Elderly Dousing District 4 Recreation Room 1028 Ellis Hollow Road Cayuga Heights Fire Station Districts 5 , 6 , 7 , 8 , 9 194 Pleasant Grove Road 3 . The polls for the election shall open at the hour of 12 , 00 o ` clock. noon Eastern Standard Time and shall close at the hour of 8900 o ' clock p . m . Eastern Standard Time . 4 . The vote upon such proposition shall be taken by ballot in the manner provided by law . 5 . The Town Clerk is hereby authorized and directed to give notice of said special election in the manner provided by law and to do all things necessary to effect such notice , and to cause suitable ballots to be prepared for use at said election , prepare , post and distribute abstracts of the proposition to be voted upon , and do what is necessary to prepare for the special election . 5 < Thp proposition to be voted upon is the following9 SHALL THE QUALIFIED VOTERS IH THE TOT#RM OF ITHACA 111 TOMPKINS COUNTY APPROVE THE LOCAL LATH ADOPTED BY THE TOWN BOARD ON JANUARY 17 , 1977 , ENTITLED " A LOCAL LAW PROVIDING FOR THE ELECTION OF ADDI - TIONAL TO111N COUNCII24EN TO THE TOTAIDT BOARD AND REGULATING ELECTIONS TJHERE TERIS ARE INAPPROPRI- ATELY DESIGNATED " ? Unanimously carried . PUBLIC HEARING - 7 u 00 P . 114 . BUSINESS IfNaI tOVEMENT EXEMPTION Town Attorney Buyoucos outlined the Town ' s options with respect to the new Business Exemption law as- recommended by the State of New York , The Town Board may take action to repeal the law ( as far as the Town of Ithaca is concerned ) , reduce the exemp - tion , or take no action at all . In the event no action is taken the law will take effect as it stands as legislated by the State . Iy Town Board Minutes - 6 - February 14 , 1977 The state law allows businesses a 50 per cent tax break on new construction that increases property value by $ 10 , 000 for building projects started after January 1 , 1976 and completed after July 1 , 1976 . Proof of posting and publication of notice of public hear - ing in the matter was presented by the Town Clerk , and Deputy Supers visor McElwee opened the hearing . Two letters in opposition to the exemption were read , one from Ruth Mahr , 103 Judd Falls Road , and one from George Ideman , Ides Bowling ]Lanes . Both letters are made a part of these minutes . Willis S . Hilker , Hilker Construction Company , spoke in favor of the exemption , saying it would encourage expansion of existing businesses in Ithaca , and help to keep businesses in Ithaca which might look elsewhere for more favorable tax situations . Mr . Hilker indicated he has a project of his own in mind and that this tax exemption would be very helpful in starting up his proposed venture . He said business expansions would bring new people , new jobs , and additional revenue to the Town . There was considerable concern on the Board as to whether water use charges , water and sewer benefit charges , surcharges , etc . were included in the exemption . Mr . Buyoucos said he was still looking into this matter . It became evident in the discussion that , based on the Town of Ithaca tax rate , the dollar savings to a business making even a very large investment would be very small , almost " token " . Councilwoman Raffensperger felt that the State had handed down a very - arbitrary law which would not be very useful in the Town of Ithaca . She felt that there are some deteriorating areas in the Town of Ithaca where residential development ought to be encouraged by some means . Councilwoman Raffensperger said the exemption could result in competition to businesses which are al - ready established in Ithaca . She questioned whether the Town want- ed to move in the directions this proposed exemption might lead . Mr . Harry C . Cornwall , 603 Cayuga Heights Road , said the Town ought to encourage industry ,e that this exemption would en - courage expansion of businesses in the Town which , in turn , would create more jobs . He said it is constructive and would contribute to the economy of the County . Mr . Hilker agreed and said more people would be attracted to buy homes and the increased tax base would contribute more than the " token " dollars lost by the exemp - tion . Councilman Del Rosso asked whether , if the Town were to allow the exemption to become effective , could it at a later date rescind the exemption . Town Attorney Buyoucos thought this could be done . Councilman McElwee did not think this exemption would attract businesses to Ithaca . This area , he said , is handicapped by climate and the labor rate . Councilwoman Raffensperger said that the action of the County in this matter might provide suf - ficient stiumlus to business . Councilman Desch did not feel that the exemption in any , event would provide sufficient stimulus to attract business to the Ithaca area . He said , however , even though this exemption is no more than a " token " , it might be necessary to start somewhere . Councilwoman Raffensperger felt that if•. the Town had to start somewhere it ought to start with encouraging develop ment of residential areas which are deteriorating . Councilman Del Rosso commented that possibly the exemption might provide some jobs . Councilman McElwee said he might favor the exemption if he were assured that water use , water and sewer benefit charges , and sur - charges were not involved . Councilwoman Raffensperger said she r • Statement to the Tompkins County Board of Representatives , February 1 � 14 , 1977 , by Ruth Mahr , 103 Judd Falls Road My purpose is to recommend against passage of the proposed tax rebate legislation . This , or like -purposed legislation , should not be passed until we have a clear consensus on what we hope to achieve , in qualitative and quantitative terms , by the encouragement of economic growth in this County . I assume that we would all agree that we would like to achieve a viable , stable , fully = employed economy in Tompkins County . I do not believe this legislation will necessarily produce that effect . Furthermore , I think that its potential for harm , both to our economy and our environment , is perhaps greater than the benefits it may brings _ , Allow me to elaborate . Our economy consists of two types of enterprises . Some are admirably suited to the area and promise continued long -tern employment potential here . Others are not so well suited . They are marginal in the sense that , Should profits decline , they will be shut down . Of the latter , many are not locally owned . This , in my opinion , adds to their instability . Yet , I believe that this latter type of firm is exactly that which will tend to be attracted here by the proposed rebate . This is true because those' t*Yiat are very well suited to our resource base will locate here with or - without -the rebate . ( Incidentally , some of the tax revenue that these firms would bring will be lost if the rebate plan is passed . ) Those firms which will be attracted by the rebate are those , therefore , which are otherwise marginal . What guarantee of permanence will they provide ? Since they would not otherwise locate here , what is to prevent them from departing again should profit opportunities improve elsewhere ? Not only will such firms not offer the promise of stable employ - ment , but their existence may threaten firms already in existence here I whose continued operation is tenuous . This is because the addition of new firms is not without cost . New industry puts a strain on municipal services ; water , sewer and transportation services must be provided . Since they lt!Mnot share in the rebate , a disproportionate share of the increased cost will be borne by existing residential property owners and businesses . It is possible that as much old industry - -and employment - -will be -- lost through higher taxes as will be gained by the rebate . In summary , I think this legislation will only lead to interregional warfare for the least desirable industries , namely those which will have the least interest and involvement in the local community and which will move to other regions as soon as an offer of a bigger and better tax rebate comes along . The danger is that their presence here may be only temporarya whey will leave a legacy of r ,- Statement by Ruth Mahr , page 2 empty buildings , asphalt slabs , and more unemployed and higher welfare costs than before . Is this what we really want ? An alternative proposal . What I would like to see us do in Tompkins_ County is to devlop a set of criteria for the kinds of new industry which ; i s desirable here . I submit that among theses 6hbuld be ., the ' projected impact on current levels of unemployment and underemployment an&Ithe - - promise of long - term stability in the area . Any preferential treatment of new firms would have to be based on the promise of net benefits accruing over time to existing taxpayers . F �: � •- -a; _, tea fi e+ j d e's Family Fun Center, JUDD FALLS ROAD ITHACA , NEW YORK 14850 (607) 273-4111 February 14 , 1977 Town Board Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Subject : Tax Rebates as outlined in Ithaca Journal approximately 2/12/77 . Gentlemen , I believe the subject should be brokendown since it involves so many various situations . ( A ) Let me establish first the properties I own and the taxes of just School , County and Town which I presently pay . Town � : � t` Scho:ol . r . '.• = 1 ) Bowling Lanes $ 3 , 5529 $ 699639 2 ) I de ' s Drome 9409 3 , 436 • 3 ) Small Schoolhouse 323 • 251 • 4 Farm - land only 980 3579 53 Mitchell Street Lot 14969 380 • 6 ) House & lot 3190 25 . 5 , 72 . $ 11v Me ( B ) Tax discounts or � deductions as setup by Governor Carey from all I have read was for the purpose of bringing in to the State of New York large corporations who employ a large number of people as well as to keep those corporations in our state from moving elsewhere : Rather than tax deductions for small businesses . ( C ) I believe we are well aware that to keep businesses within the confines of our state means much more than just giving someone a break in real estate taxes , which I am sure the newspapers are filled with almost daily . v 15 � ( 2 ) ( D ) I think our area is unique in that almost 50% of our land is untaxable and that little land is available for commercial use . ( E ) Since our land is controlled , Ism sure it would be next to impossible to get any large commercial establishments here , �kemembering that not too long ago Westinghouse Corporation wanted to locate here promising to employ some 1 , 500 people . Yet they were turned down . ( F ) If these tax rebates are given to new people , what about people like myself that have supported the town for these many years . If this new deduction is approved , I formally request my taxes also be reduced likewise . r ( G ) Among my property is a vacant building which I now pay some $ 4 , 500 . per year in taxes and the present no return in revenue . I would thereby ask for a tax reduction during this period of vacancy . In adding this whole situation together , it just doesn ' t seem fair for people like myself having to pay full taxes and yet so many others , low income housing , etc . etc . getting a reduction . It adds up to how much can a full taxpayer stand in the face of all this without even mentioning water and sewer taxes . - I thereby voice a strong opinion that this tax reduction be disallowed . I request that this letter be read and made an official part of this meeting . Res y submitted , e rge eman Ideas Enterprises GWI / j g Ilk v % a 1 r . . 1 NYS Department of Audit & Control February . 10 , 1977 Page 2 However , the bulk of revenue raised by the Town of Ithaca consists of sewer and water benefit assessments and charges for the use of water and sewer , however defined , whether as rents , rates or use charges . The latter are used in the first instance for the payment of operation . and maintenance and the balance , if any , is used to reduce. the capital costs ( i . e . , payment of bond indebtedness ) . Thus , clarity in this matter is , of great importance to the Town of Ithaca . I am aware of Section 400 , Section 420 , Section 498 , and Chapter 98 of the Laws of. 1976 . I , therefore , request your opinion that water benefit assessments , sewer . benefit assessments , and water and sewer use charges - are not exempt from assessment , levy and collection pursuant to the terms of Section 485 -b of the Real Property Tax Law . I apologize if I am asking you to give me an opinion . in writing of something which may be so obvious to others , but I think you will agree with me that the words " service charge " as used in Section 400 , 420 , 498 and in Section 120 Subdivision 13-a can create some confusion . I would be extremely _grateful to you if it would be possible to have your opinion prior to March 4 so I can present it at the March . 7 meeting of the Town Board . . If the Town Board is to repeal the exemption or reduce the exemption , it cannot act much later than that date . If - I- can be- of - any assistance to you over the telephone , please call me . - Again , please accept my sincere apologies for forcing this matter on you . Best personal regards . Yours very truly , James V . Buyoucos JVB/ jkl . Enclosures �L _ 1 BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V . BUYOUCOS ITHACA, NEW YORK 14850 An[A CODE 607 J064N r. B46RNEY PimvgE 273 . 6 $ 41 February 10 , 1977 New York State Department of Audit and Control Gov . E . A . Smith Office Bldg , Albany , New York 12235 Attention : Mr .. - Theodore Berns , Counsel Re : Opinion with Respect to Real Property Tax Law , Section 485 -b . Business Investment Exemption Gentlemen : I am enclosing a letter which I wrote . to Mr . Henry Wyluda of the New York State Bdard of Equalization and Assessment . I wrote directly to Mr . Wyluda because 2 was informed that Mr . 'McGratj� ,Counsel , -was not available . Mr . Wyluda was extremely busy and was able to discuss the matter briefly with me on the telephone . As I interpret his comment. , he felt certain that the exemption claimed by .Section 485 -b did not exempt the tax - payer from any special benefit assessments for water and sewer and the like nor from the- payment of water rents , water rates or water. use charges , however defined , or from the payment of sewer rents , sewer rates or sewer use charges , however defined . I would have no problem with respect to understanding the Section if it ' were not for the use of the words " service charge " . As defined in Subdivision 13 - a of Section 102 , " service charge " means a charge other than a special ad valorem or special assessment . imposed . upon real property for certain improvements described in said Subdivision and in Section 490 of the Real Property Tax Law . A strict interpretation of this Subdivision might be that " service - charge " includes any charge . made for the use of water or. the use of sewer which is generally referred to as ' a water rent or water rate or water use charge or sewer rent , sewer rate or sewer use charge . - I cannot conceive that Section 485 -b was intended to exempt the taxpayer from paying such charges . t r NYS Department of Audit & Control February . 10 , 1977 Page 2 However , the bulk of revenue raised by the Town of Ithaca consists of sewer and water benefit assessments and charges for the use of water and sewer , however defined , whether as rents , rates or use charges . The latter are used in the first instance for the payment of operation . and maintenance and the balance , if any , is used to reduce. the -capital costs ( i . e . , payment of bond indebtedness ) . Thus , clarity in this matter is - of great importance to the Town of Ithaca . I am aware of Section 400 , Section 420 , Section 498 , and Chapter 98 of the Laws of. 1976 . I , therefore , request your opinion that water benefit assessments , sewer . benefit assessments , and water and sewer use charges - are not exempt from assessment , levy and collection pursuant to the terms of Section 485 -b of the Real Property Tax Law . I apologize if I am asking you to give me an opinion . in writing of something which may be so obvious to others , but I think you will agree with me that the words " service charge " as used in Section 400 , 420 , 498 and in Section 120 Subdivision 13-a can create some confusion . I would be extremely grateful to you if it would be possible to have your opinion prior to March 4 so I can present it at the March . 7 meeting of the Town Board . . If the Town Board is to repeal the exemption or reduce the exemption , it cannot act much later than that date . If - I- can be- of - any assistance to you over the telephone , please call me . - Again , please accept my sincere apologies for forcing this matter on you . Best personal regards . Yours very truly , James V . Buyoucos JVB/jkl . Enclosures Town Board Minutes - 7 - February 14 , 1977 did not favor the exemption ,* she saw it as competition for the businesses we already have in the Town ; there are already empty commercial businesses . Councilman Powers did not see the exemption as enough to have an impact . Councilwoman Valentino said she agreed with Councilwoman Raffensperger . She felt the small homeowner is penalized for improving his property . Further , she is against the exemption since it is only a " token " . Councilman Powers said the exemption could really only affect businesses already in Ithaca ; he could not imagine anyone coming from the outside to the Town of Ithaca based on the " token " advantage of the proposed exemption . No other persons wishing to be heard , the Deputy Supervisor closed the hearing . In view of the foregoing opinions expressed and the ambigu- ities in the law with respect to water use , water and sewer benefit charges , and surcharges , it was agreed that the matter would be tabled until March 1 , 1977 when the Board will meet again , and come to a decision . In the meantime , the Town Attorney will continue to look into the matter with respect to whether the exemption applies to water use , water and sewer benefit charges , and surcharges . ( The assumption for the moment is that it does not REPORTS OF TOWN OFFICIALS Town Engineer . Mr . Fabbroni reported that in January one building permit was issued , to the Depot Restaurant , for $ 60 , 000 . 6 Fabbroni reported that the construction of the highway barn is proceeding on schedule . The building was delivered last week and erection is expected by the end of this week or the begin - ning of next week . Target date for completion is April 14 . Mr . Fabbroni reported on the status of the five - area sewer project ; that the Toxin is tied into the Parch 15 deadline for sub - mission of steps I . II , and III for the EPA work . Step I is the Facility Plan , Step II is design and preparation of specifications , and Step III is application for construction grant . Public hearings on this matter are scheduled for March 8 , 1977 . The City of Ithaca has basically agreed to approve the extensions as an added load on their plant , so long as a statement is received from DEC that DEC will not upgrade the requirements that the City of Ithaca has for operation of its plant ( that is , interim , until they upgrade their sewage treatment plant ) . An agreement must be struck between the Town and City of Ithaca before March 15 for sewer maintenance . This does not appear to be a big problem at this time , : on an interim " basis . It is expected that the Town will get 750 of the construction and engineering costs from DEC . Mr . Fabbroni said he is continuing work on getting easements and expects he will have them all by March 1 . Mr . , Fabbroni illustrated with maps the six alternatives being considered for Rt . 96 . He recoimr►ended a combination of alternatives 2 and 3 as having the least harmful effects on exist - ing properties ; further , it would eliminate a mile of roadway con- struction ; and provides direct access to the new hospital . Council - man Desch suggested there might be some noise problems on alterna - tives 1 , 2 and 3 . ?fir . Fabbroni said if they must go north , alterna- tive 4 would seem to be feasible . He noted there is going to be a public hearing on this matter on February 17 and he urged as many of the Board members to attend as possible , and make their feelings known . Councilman Desch agreed as many Board members as possible should attend , form an opinion after the meeting , and while the hearing is still open the Board should make a recommendation . 17 Town Board Minutes - S - February 14 , 1977 Town Highway Superintendent . No report at this time . Acting Planning Board Chairwoman ( Liese Bronfenbrenner ) . No report at this time . WEST DILL CONTRACT WITH CITY OF ITH2CA Councilman Desch distributed to Board members draft of proposed contract with City of Ithaca for water services in certain areas of the Town of Ithaca ( as approved by negotiators January 27 , 1977 ) . The areas in question are those presently served by Butter - milk Falls Water District , and all of the Town of Ithaca outside of the City west of Inlet Creek and Cayuga Lake . Councilman Desch asked the Board members to study the proposal carefully and be pre - pare to make a decision on this at the P'iarch 1st meeting . TV CABLE C01111ISSION Councilwoman Valentino distributed draft of TV Cable Commission intermunicipal agreement . She asked the Board members to study it carefully and said she would appreciate comment on it . There will be another meeting of the Commi aion shortly . She noted that Mr . Cerracche had sent a formal objection on this matter to the New York State Cable Commission . There should be considerable debate on this matter . LOCAL LAW ON BUP14ING IN THE T OW1.7 OV I THACA Councilwoman Valentino referred to letter from Fire Chief Weaver which urges that the Town of Ithaca adopt a local law with regard to burning of trash or refuse in the Town of Ithaca . It was agreed to make this an agenda item for the meeting of March 7 , 1977 . BOLTON POINT 153ARRIO S Notion by Councilman Jesche seconded by Councilwoman Valentino , RESOLVED , that the Bolton 1Doint warrants dated February 14 , 1977 , after review by the Town Board , and upon recommendation by the Southern Cayuga Take Intermunicipal Water Commission that they are in order for payment , are hereby approved in the amount of $ 40 , 760 . 49 ( Operation and Haintenance Account ) and $ 500 . 00 ( Construction Account ) . Unanimously carried . TOTIN OF ITHACA WARRANTS le-lotion by Councilman Desch * seconded by Councilman Del Rosso , RESOLVED , that Town of Ithaca warrants dated February 14 , 1977 in thea following amounts are hereby approved : General Fund 16FOOS . 22 Highway Fund 14 , 051 . 93 Water and Sewer Fund 141 , 320 . 09 Unanimously carried . Town Board Minutes - 9 ' - February 14 , 1977 CO MMUNICATIONS Councilwoman Raffensperger read letter dates? February 4 , 1977 from Elmer S . Phillips , 131 Pine Tree Road , addressed to the Planning Board and Town Board of the Town of Ithaca . Mr . Phillips in his letter refers to an article in the Ithaca Journal of January 22 , 1977 which pays high tribute to Barbara Holcomb for her many hours directing the planning activities of the Tolvn of Ithaca . ?±Rr . Phillips noted that the high tribute is rightly paid to Mrs . I1401comb . He objected , however , that the article appears to have described the Town of Ithaca zoning ordinance as to outdated " and " restrictive " . I- r . Phillips letter and comments are on file in the Town office . ADJOUP.NrIENT -lotion by Councilman Powersp seconded by Councilwoman Valentino , RESOLVED , that there be°ing no further business to come before the meeting , it is hereby duly adjourned to iv-warch 1 , 1977 , at 5 . 15 p . m . Unanimously carried . The meeting adjourned at 8 : 35 p . m . c Edward T , . Bergen Town Clerk