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HomeMy WebLinkAboutTB Minutes 1981-12-31 TOWN OF ITHACA SPECIAL BOARD MEETING December 31 , 1981 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 at 10 : 00 A . M . , on the 3.1st day of December 1981 , there were : PRESENT : Noel Desch , Supervisor Victor Del Rosso , Councilman George . Kugler , Councilman Shirley Raffensperger. , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman ALSO PRESENT : Robert . - Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Montgomery May , Chairman , Planning Board. Lewis Cartee , Building Inspector . Nancy Fuller , Deputy Clerk Dominic Caffer'illo , . City of Ithaca David Jennings , 593 Sheffield Road . Representatives of the Media : William Astor , WHCU Lacklan Carmichael , WTKO Randi Alterman_, WVBR PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . TOWN ENGINEER ' S ANNUAL REPORT Town Engineer Lawrence Fabbroni presented his annual report . Supervisor Desch suggested that the Board accept the annual report and then discuss the planned items in January . RESOLUTION NO . 191 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , . that the Town Board of the Town of Ithaca hereby accepts the annual report from the Town Engineer on the departments of engineer and planning . ( Copy attached to the official minutes ) . ( Desch , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . AUDIT AND APPROVE RECORDS BUILDING INSPECTOR RESOLUTION N0 , 192 Motion by Councilman Cramer ; seconded by Councilwoman Raffenspergerp RESOLVED , that the Town Board of the Town of Ithaca , having Town Board Minutes - 2 - December 31 , 1981 received the accounts and records of the Town. Building Inspector hereby approves. the same , a copy of said accounts and records being made a part of the Town records . ( Desch , Raffensperger , Cramer , McPeak and Kiefer voting Aye , Nays m none ) . TOWN CLERK - RECEIVER OF TAXES RESOLUTION NO . 193 Motion by Councilwoman . Kiefer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca - having received the accounts and records of the Town Clerk Receive.- of Taxes , hereby approves the same , a copy of said . accounts and records being made a part of the Town. . records . - ( Desch , Raffensperger , - Cramer , McPeak and Kiefer votin' g. Aye , . Nays - . none ) . TOWN JUSTICES RESOLUTION NO , 194 Motion by ' Councilwoman4 Raffen.sperger , F� econ,d.ed. by Councilma.;:,, Cramer , RESOLVED , that the Town Board of the Town of Ithaca , , having received the accounts and records of the Town, Justi- ces , hereby approves the same , a copy of. said accounts arid. records bea:;:,.g made a part of the Town records . ( Desch , . Raffensperger , . Cramer , McPeak. and Kiefer voting Aye . Nays m none ) . COUNTY REPRESENTATIVES No report OFFICIAL BONDS RESOLUTION NO , 195 - Motion by Supervisor Desch , seconded; by Coy;.;-).cilmian Cramer- , RESOLVED , by the Town Board of the Town of Ithaca that the bonds for the following Town Officials and Town employees , in the following amounts , be approved. for 1982 : Town Supervisor , Noel Desch $ 350 , 000 Town Clerk , Jean H . Swartwood 50 , 000 Justice , Warren A . Blye 51000 Justice , Merton J . `Jallenbeck 5 , 000 Superintendent of Highways Robert Parkin 5 , 000 All other Town Employees , each 51000 ( Desch , Raffensperger , . Cramer , McPeak. and. Kiefer voting Aye . Nays m none ) . OFFICIAL NEWSPAPER Town Board Minutes - 3 - December 31 , 1981 RESOLUTION NO . 196 Motion by Supervisor . Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the official newspaper for the year 1982 . ( Desch , Kugler , ' Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . DEPOSITORY OF TOWN FUNDS RESOLUTION NO . 197 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , by the Town Board of the Town of Ithaca that the Tompkins County Trust Company and the First National Bank . . and Trust Company of Ithaca , New -York , be and. the same hereby are designated as depositories for all monies coming into the hands of the Supervisor , the Town Clerk and Receiver of Taxes for . the year 1982 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and. Klefer . voting Aye . Nays - none ) . APPOINT CERTIFIED PUBLIC ACCOUNTANT RESOLUTION NO . 198 Motion - by Councilman Cramer ; seconded by Councilman McPeak ; RESOLVED , by the Town . Board of the Town of Ithaca , that Francis E .' Welch .. be , and he hereby is , appointed as the Certified Public Accountant who ' will audit the books and records of the Town of Ithaca for the - year 1982 ,. and FURTHER BE IT RESOLVED , that Mr : Welch will also prepare a separate report on the Operating and Maintenance Account of the Southern Cayuga Lake Intermunicipal Water Commission , _ it being understood that the Southern Cayuga Lake Inter- municipal Water Commission will . pay for the additional expense for that protion of the audit cahich relates to . the Bolton Point operation . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . SCHEDULE OF 1982 TOWN BOARD MEETINGS RESOLUTION NO . 199 Motion by Supervisor Desch ; seconded by Councilman. Cramer , RESOLVED , that the Town -Board of the Town of Ithaca hereby adopts the following schedule of meetings of the Town Board for the year 1982 , all meetings to begin at 5 : 30 P . M . , Public Hearings to begin at 7 : 00 P . M . , ( unless specified. in advance ) . ( Desch , Kugler , Raffensperger , Cramer ; McPeak and Kiefer voting Aye . r` F K �4 Town Board Minutes - 4 - December 31 ; , 1981 HIGHWAY DEPARTMENT PAY SCALE RESOLUTION NO . 200 Motion by Councilwoman Kiefer ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the - Town of Ithaca hereby establishes , for the Town Highway Department , a salary scale. ranging from a minimum of $ 3 . 65 per hour , the - rate' authorized by law , to a maximum of $ 8 . 55 per hour for the . Highway employees for the year 1982 . ( Desch , Kugler , Raffensperger , Cramer , - McPeak and Kiefer voting . Aye . Nays none ) . DELINQUENT WATER AND SEWER CHARGES - 1982 TAX ROLL RESOLUTION NO -. 201 Motion by Councilman Cramer seconded by Councilman Kugler , . RESOLVED , by the Town Board of the Town of : I-thaca that delinquent Town of Ithaca , . Bolton Point . . water, use bills in the amount of $ 6 , 568 . 71 ; . delinquent City of- Ithaca sewer rent charges in the amount of $ 1 , 355 . 46 and Village of Cayuga Heights sewer rent charges. in the amount of $ 2 , 14.3 . 60 . be added to the tax roll for 1982 , as a lien against the properties involved , and to become due and collectible as part of the tax bills for the ..Town . of Ithaca which will be . mailed to property owners on December 31 , _ . 1981 , and . which will become due in January of 1982 ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer � vot :'Lng Aye . Nays - none ) . - WATER AND SEWER BENEFIT CHARGE REFUND RESOLUTION NO . 202 Motion by Supervisor . Desch ; seconded by Gouncilwomarx R.affens.perger ,. RESOLVED , that , a refund in the amount o $ 5.1' . G0: for. . one unit. of water benefit - assessment and $ 50 . 00 for one unit of sewer benefit assessment totalling $ 102 . 00 be made to Haro1_:d- R: . Cushman , . 420 Winthrop Drive (Tax Parcel. No . 6 -32 - 1 - 3 . 11 ) due to the fact. that the . premises are now 1`� einp, used as a .si_ngle . dwelling by the owner , and FURTHER BE IT RESOLVED , that . a refund in the amount of $ 52 . 00 for one unit of. water . benefit assessment and $ 50 . 00 for one unit of sewer benefit assessment totalling . $ 102 . 00 be made to Philip and Rochelle E . Proujansky ( Tax Parcel No . 653 - 115 . 2 ) due to the fact that the premises are now being used as a single family dwelling by the owner . ' ( Desch , Kugler , Raffensperger , Cramer i� efer voting Aye . Nays - none ) . BUDGET TRANSFERS RESOLUTION NO . 203 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby Town Board Minutes - 5 - December 31 , 1981 the list of budgetary transfers from the Contingent Account , FROM : A1990 . 4 Contingent Account TO : A1010 . 4 Town Board C . E . $ 200 . 29 A1110 . 4 Justices C . E . 364 . 37 A1220 . 4 Supervisor C . E . 111018 A1420 . 41 Attorney C . E . 414 . 56 A1440 . 2 Engineer E . . 253 . 30 A1440 . 4 Engineer C . E . 569 . 27 A1450 . 2 Elections E . 185000' . A1450 . 4 Elections C . E . . 336 A1620 . 2 Town Hall Rehab . & E . 29440 . 12 A1910 . 4 Unallocated Insurance 165 , 12 A1920 . 4 Municipal - Dues 220 . 00 A5010 . 4 Supt . of Highways C . E . 73 . 63 ( Desch ; Del Rosso , Kugler , Raffensperger , Cramer , McPealc and Kiefer voting Aye . Nays - none ) . - ENCUMBERED ACCOUNTS RESOLUTION NO . 204 Motion by Supervisor . Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the list of 1981 Account to Encumber . Account Claimant Description - Amount A1620a2 N . Y . S . Correctional Services Kitchenette 250 . 00 A1620 . 2 Empire Building Supplies Town Hall Suppls . 241040 A1620 . 4 Bishop ' s Home . Center Key Ogg A1440 . 4 Bishop ' s Home Center Engineering Suppls . 2 . 50 A1620 . 4 Ithaca Photo , Inc . Computer. pictures 5 . 30 B8010 . 4 Ithaca Photo Film/ Zoning 2 . 08 B8020 :4 Ithaca Photo Film/P1anning 2607 B8020 . 4 T . G . Millers 2 Transparencies 64000 F8340 . 1 II City of Ithaca 7/ 1 - 10/ 1 / 81 West Hill 82500 . 00 Payback_ DR5110 . 4 Capitol Highway Materials Signs 250 . 00 DM5130 . 4 Crispell Automotive Parts 281 . 00 :.: , Town Board Minutes - 6 - December 31 , . 1981 DM5130 . 4 Cramers Auto Parts Parts 91 . 00 - DS5140 . 4 Chemung Spring Water Spring Mater 25900 DS514044 Seneca Supply Shovel Handles & Misc . 225 . 00 DM513004 Ithaca lire Fire Repair 15000 DS5142 . 4 Kendall Motor Oil Oil 34 . 00. DM5130 . 4 State Equipment Parts 3000 DS5140'. 4 Agway Misc supplies DS5142o4 Ashland Diesel f=eel T, S: 194 , 15: . ( Desch , Del Rosso , Kugler , : Raffensperger , CraTj.er , McPeak and Kiefer voting Aye . Nays - none ) . STONE QUARRY ROAD WATER IMPROVEMENT BAN RESOLUTION NO . 204 Motion by Councilman Cr , mer ; seconded. by Cau3:,. c1. 1man ICug1P-r_ , RESOLVED , that the Town Board of . the - Town of Ithaca hereby authorizes the Supervisor to execute the renewal of Bond Anticipation Note Number 3 for the Stone Quarry - Pittman Lane =King Road West Water . Improvement at the best interest rate that the Supervisor can negotiate . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) < OFFICERS - PLANNING BOARD AND ZONING BOARD OF APPEALS RESOLUTION NO , 205 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town. Board of the `:down. of Ithaca: hereby approves the appointment of Montgomery May as Chairman of the Town of Ithaca Planning Board for the year 1. 982 , and BE IT RESOLVED , that the Town Board of the Town of IElaaca. hereby approves the appointment of Carolyn Grigorov. as Vice Chairman of the Town of Ithaca Planning Board . for the year 1982 , and BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Henry Aron as Chairman. of the Zoning Board of Appeals for the year 1982 , and FURTHER BE IT RESOLVED , that the Town. Board of the Town of Ithaca hereby approves the appointment . of Jack Hewett as First Vice Chairman and Edward Austin as Second Vice Chairman of the Zoning Board of Appeals for the year 1982 . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . SEWER AGREEMENT Supervisor Desch introduced Dominic Ca. fferill_ o , Deputy Town Board Minutes - 7 - December 31 , 1981 Controller for the City of Ithaca . The Supervisor went on to say that Mr . Cafferillo has been very active in the negotiations to pull the agreement together . Mr . Cafferillo stated that the City would finance , for the Town ' s , the cash necessary to fund the project for one or two years . Stearns and Wheler has incurred some costs to date for the Design Phase . Mr . Cafferillo felt that a package for the BAN ' S would be put together for $ 700 , 000 . The Federal government is expected to finance 75% , the State 122% , and the local municipalities 12 .'2A . Supervisor Desch stated that both the City and the Town ' s use the same -bonding attorneys . The primary function this year will be to move ahead with all necessary requirements of the Federal- and State governments so that we do not loose: their share of the -funding . Councilwoman -Raffensperger asked-when Tompkins County would be plugged into this financial project ? Supervisor Desch answered , probably when hard . figures . are obtained from Stearns and Wheler . Councilwoman Kiefer stated that she felt a definate date should be stated . Supervisor Desch stated that as close . as a date can be determined , would be when the City and Town have executed the agreement . Councilwoman Kiefer noted that she felt some changes should be made in the agreement . Supervisor Desch stated that it should be made clear at this point that both the Town of Dryden and the City of Ithaca have adopted the Joint Sewer Agreement and that changes- should not be made in the text . Councilman _McP.eak. asked if there was a penalty if a municipality drops out ? Supervisor Desch answered that the other owners would buy out the share owned by the municipality wishing to drop out . Councilwoman Kiefer questioned the statement of joint consent . of the governing bodies shall be by majority vote , why not unanimous or two - thirds ? Supervisor Desch answered , a majority answered the questions of what was reasonable . Councilwoman Kiefer felt the agreement should state when the SJS would appoint its own chairman . Supervisor Desch noted that twenty million dollars could be lost if there are any implied indications of any disatisfaction . by any of the parties to the agreement . Councilwoman Kiefer offered the following comments and suggestions for consideration at the time of future amendments to the Agreement : i iy Town Board Minutes - 8 - December 31 ; 1981 1 . There is a need for improving the completeness of references . For example , the third WHEREAS on page two makes reference to foregoing reports . Such reports should be delineated . Alos , note that report dates should be . referenced . . 2 . Under scope , the reference to the need for a separate agreement with Tompkins County on septage , such should include a commitment to execute same prior to . initiation . of Step III of the project . 3 . Under scope , there should also be provision for an. industrial cost recovery mechanism , eventhough this no longer is mandated by EPA . 40 The period of the agreement should be specific , . e . , 30 rather than " equal to the terms of the serial bonds. " 5 . Under Duration , in . paragraph three , reference to "s �acYi period " should be clarified by stating a specific.. number. , of years . 6 . This secion on right = of -ways should be clarified following discussion of the implications for each municipality . . 70 Under section 7 , Capital Costs , there shoud be a reference to the dat of the interum intermunicipal agreement . 8 : Under section 7 , Capital cost reference ( e ) , the question is Is there a common understa.nding _ of what is eligible for reimbursement ? 9 . On page 7 , the paragraphs beginning with "' that " should. . be-. imporved in grammatical and .legal style . 10 : On page 8 , . should Appendix I also be referenced and when . will first annual budget be produced ? "What does s.t+r_ ength, of sewage mean. and what formula will be used ? 11 . What is ' 'WPCF " mean ? 12 . Section 11 , the- responsibility- for carrying insu:Lancei . and. the coverage should be clarified . 13 . Section 12 , the consent for outside users to be authoLized. should be by 2 / 3 vote rather than simgle ma 03.7 e_ ty . . 14 . . The appointment of meaAbers of SJS should. he at the plea. s.tjre of the. appointing body . 15 . There should be specific reference that the initial rate. schedule shall. be subject - to the approval of the governing bodies that are parties to the agreement . 16 . On page 11 , what does . item ( 9 ) , "Arrange for the enforce ment of the sewer use ordinance " mean . Isn ' t this a , power of -_ the governing bodies ? 17 . There should be a listing of the powers retained by the , governing bodies . . 18 . . The arbitration procedures should be in place prior to initiation of Step III and the agreement shou. l.d so state . Town Board Meeting - 9 - December 31 ; 1981 190 : Add a reference in the agreement to the . n_ eed for public notice on amendments to the agreement . 20 . In Apprendix I , the term " no growth plant " should - be changed to read " base load plant " . 21 . Question use of the term " lending " rather than " borrowing " . 22 . The title on item 4 , " Local Expenses for Existing Plant and Land " should be clarified . RESOLUTION NO . 206 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , the Town Board of the Town of Ithaca , following a Public Hearing on January 12 , 1981 , approved the methodology . for the financial allocations recommended by the Sewer System Planning Committee identified in Scheme III , and WHEREAS , the Town Board of the Town of Ithaca at its regular meeting on September 8 , 1981 , approved the Joint Ownership Agreement dated May 22 , 1981 , with amendments pertaining to the budget process and delineation of Sewer Board duties con- tained in . the July 16 and July 22 revisions to the applicable portions of the earlier draft , and WHEREAS , subsequent to adoption of said resolution by the Town of Ithaca , the Town Supervisor , Town Engineer and Town Attorney have participated in further discussions of the draft agreement , and WHEREAS , the discussions resulted in the Memorandum of Understanding from Superintendent of Public Works Donald Kinsella dated November 9 , 1981 , and WHEREAS , the Common Council of the City of Ithaca approved the Agreement dated December 22 , 1981 , said Agreement incorporating the refinement to the earlier draft including clarification of the role of the City of Ithaca Board of Public Works , the size , make - up and functions of a Special Joint Subcommittee , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the December 22 Intermunicipal Agreement providing for the joint construction , ownership and operation of the new Ithaca Area Wastewater Treatment Facility and authorizes the Supervisor to execute the said Agreement . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . AUTHORIZE TOWN ENGINEER TO ATTEND CONFERENCE RESOLUTION NO . 207 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger ,. RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Engineer Lawrence Fabbroni to attend the Transportation Research Board Conference in Washington D . C . , within the limit of budget funding . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . , . Y Town Board Minutes - 10 . December 31 , : 1981 COMMITTEE APPOINTMENTS Supervisor Desch presented the following Committee Assignments and Appointments for 1982: C014MITTEE ASSIGNMENTS AND APPOINTMENTS - 1982 *Appointment Action needed on December 31 , 1981 ^"Denotes Chairperson *Public Works (Water , sewer , parks , highways , mass transit ,, . _ drainage) George Kugler Shirley Raffensperger** David Jennings *Codes & Ordinances Henry ' 14cPeak Marc Cramer** Dooley Kiefer + 2 from Planning Board and 2 from Zoning Board of Appeals *Public Safety . & Youth Services IF David Jennings ** Noel . Desch Henry McPeak Tersonnel � Dooley Kiefer Marc Cramer Noel Desch** Chairman of Planning Board Chairman of Zoning Board of Appeals *Sewer Joint Subcommittee Noel Desch Shirley Raffensperger Robert. . Allan Tompkins County Environmental Management Council *Richard Fischer Tompkins County Economic Advisory Board Town Board Minutes - 11 - December 31 , 1981 Tompkins County Planning Board *Carolyn Grigorov Southern Cayuga Lake Intermunicipal Water Commission Noel Desch , Treasurer Gz^igc.- Kugia^ r Town Historian Helen Blauvelt Tompkins County Cable Commission Dooley Kiefer Tompkins ' County Solid . Waste Committee George Kugler Lawrence Fabbroni Assessment Review Board To be chosen later , County Youth Bureau Open Human Services Coalition Ann Schwarting Councilwoman Kiefer stated that she would rather be appointed to the Public Works Committee . than the Tompkins County Cable Commission , Dave Jennings stated that he will represent the Town on the County Youth Bureau until someone else is appointed , RESOLUTION NO . 208 Motion by Councilman Cramer ; seconded by Councilman . Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the list of 1982 Committee Assignments and Appointments , as presented by the Supervisor . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer and McPeak voting Aye . Nays - Kiefer ) . DOG CONTROL CONTRACT RESOLUTION NO 209 Motion- by Supervisor Desch ; seconded by Councilwoman Raffenspergerfi ' • d Town Board Minutes - 12 - December 31 , 1981 RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute the 1982 Dog Contract with the Tompkins County SPCA , including the addendum attached wherein the Town of Ithaca will_ retain $ 2 . 00 per dog and the SPCA will not be permitted; to . s u.e licenses . ( Desch , Del Rosso , Kugler , Raffensperger ,. Cramer , McPeak and. Kiefer voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION NO . 210 Motion by Supervisor Desch. ; seconded ' by Councilman Cramer , RESOLVED , that the Town Board of the Town. of Ithaca hereby approves the Town of Ithaca Warrants dated: December ` 31 , 1981 , in the following amounts : General Fund - Townwide . . . . . . . . . . . .. : .. . . $ 51 , 680 . 5.0 - General Fund v Outside Village . . . . . . . . . . . $ 51653 . 41 . Highway Fund . < . . . . < . . . . x . . . . . .. . . . . . . $ 17 , 732 . 91 Water and Sewer . Fund . . . . . . . . . . . . .. .. . . . . . . . . $ 38 , 671 . 08 Parks Fund . , , . *. . . .. Lighting Districts . < , . . < . . . . . . .. . . . . . $ 240 . 95 ( Desch: , Del Rosso , Kugler , . Raffensperger , Cramer ; McPeak . and Kiefer voting Aye . Nays - none ) , _ ADJOURNMENT The meeting was duly adjourned . `1~ 0 1.k_