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HomeMy WebLinkAboutTB Minutes 1988-10-03TOWN OF ITHACA REX5JLAR BOARD MEETING October 3, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Tcirpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 3rd of October, 1988, there were: PRESENT: Noel Desch, Supervisor Henry McPeak, Councilman Shirley Raffensperger, Councilwanan Robert Bartholf, Councilman Patricia Leary, Councilwoaman ABSENT: Thanas Cardman, Councilman ALSO PRESENT: John Ozolins, Highway Superintendent Robert Flumerfelt, Town Engineer John Barney, Town Attorney Representatives of the Media: Liz Rosenfeld, WVBR Ken Hughes, Channel 7 PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. TENTATIVE BUDGET Supervisor Desch presented the following 1989 Budget Message: The 1989 Tentative budget includes most department head requests since they are appropriate and reflect the already established desires of the Town Board with respect to priorities for 1989. Major appropriations are included for exaitple for the cortprehensive planning consultant project, a portion of the South Hill Bikeway, Grandview Park and the next phase of Bums Road (the result of the recent concerns expressed by residents and users). The necessary appropriations can be acccmmodated within the sales tax revenue anticipated with the probability that at least $50,000 could be returned to the County at year end in 1989 to reduce County taxes to Town property owners outside the Village of Cayuga Heists in 1990. I have also estimated that we can return approximately $150,000 at 1988 year end to reduce 1989 County taxes. As we go to press there are still seme soft nimibers, namely the insurance package, the Village of Cayuga Heights Fire Contract and Youth Services, the first two of which will be finned up over the next couple of weeks. The Health Insurance line items are based on the transfer of our contract to Blue Cross/Blue Shield with the orployee continuing to contribute 15% of the premium. This change in carriers will result in substantial savings to the employee as well as the Town. There are no new positions included in the budget although the full year impact of the Assistant Building Inspector, Assistant Town Planner, Accounts Assistant and Parks Laborer result in increases Town Board Minutes 2 October 3, 1988 that in total equate to the addition of two or more full-time employees. On the capital project side, the 1987 water and sewer project budget continues. The imminent bidding of the East Shore Drive sewer should enable us to permanently finance all phases at the time of our BAN renewal in May. We will have to see how the bond market is and how the bids ccme in on the final phase. I am also setting up a 1989 water and sewer project capital budget which should be ready for formal consideration following the preparation of an Engineers Report in May 1989. A separate outline of our current assessment of critical needs will be available on Noveniber 10th. The department requests are available in Sally's office. The Fire Protection budget reflects the actual costs with respect to our contract with the City. The Cayuga Heights contract may be slightly hi^er than the number shown. The only thing that could change is the cost of the new fire stations. I am assuming the Board will not accept another increase beyond the $1,150,000 per station. On the matter of Youth Services I have shown a 39% increase from the level raised for 1988. This assumes that the County will fund a major part of the Town Youth Development, recreation mainstream and GIAC costs. It also assumes that recreation fees across the board for all users will generate $10,000 fron Town users and that the City would reduce maintenance costs for Cass Park and Stewart Park with respect to Youth Bureau users by $10,000 against the Tcwn portion. This allocation will close the gap between the City and outside users to a level acceptable to the City depending on support provided by the County. If the County decides it cannot provide the majority of the support as noted above I would not si:^port an increase above the $122,000. The City will have to settle for less total revenue until a phasing in of other support can be secured, i.e., school districts, etc. We may know more at the budget presentation on October 3rd. The Personnel Ccmmittee, at their October 6th meeting, will be reviewing the specific salary reccramendations. The elected officials salaries need to be approved now so they can be put in the legal notice for the November 10, 1988 public hearing. Town Supervisor/Budget Officer $16,800 Town Board Menbers 60 4,400 Town Justices 20 8,500 Any proposed changes should be s\±mitted in written fom at the Town Board meeting on October 17, 1988. LIST OF MAJOR EOTIMENT REQUESTED/INCLUDED IN 1989 TENTATIVE TOWN OF ITHACA BUDGET DEPT. TENTATIVE FUND REQUEST BUDGET I GENERAL FUND A. TOWN CLERK Personal Computer $ 3,500 $ 3,500 Town Board Minutes October 3, 1988 B. ENGINEERING Macintosh Ccg[iputer/ with furniture C. HIGEiWAY BUIIDING Upgrade ventilation system *To be funded in 1988 3,500 16,000 3,500 •.00 II GENERAL OUTSIDE VILLAGE A. PARKS Used pick up tiruck Front end loader attachment B. PLANNING Mclntosh Ccnputer/printer Furniture C. EXECUTIVE SECRETARY (et al) Xerox 50 series copies 6,000 2,500 3,000 750 8,000 6,000 2,500 4,000 750 .00 III HIGHWAY A. MACHINERY Portable radio Car radio Pick up truck Plow/truck Blazer Backhoe bucket Power wash 1,200 800 13,000 76,000 13,000 1,000 800 1,200 800 13,000 76,000 13,000 1,000 800 Supervisor Desch stated that the Board would not find any department reccnimendations under revenue as this was clearly his responsibilil^. However, there is input frcm various departments with relation to State Aid, fees and fines and other types of revenue. Also, you will see throughout the budget vdiere ever there is personal services that the department reccnimendatd.ons pretty much match the tent:a-tive budget, in many cases v^ere we have the department sutannitting -the budget he felt it was inappropriate for the budget to show individual department heads requests for their own salary so he s^tated tiiat he had pretty much stuck to vdiat department heads have requested for their subordinates but -the department heads salaries are his figures. Those salary reccmmendations will go to the Personnel Ccmnittee next Thursday. Supervisor Desch went on to note that under appropriations on page 2 -there really is not much of a change. Page 3, al-though it's not easy to identify vdien you look at so many numbers, the Town Clerk's equipment you will see a PC there for -the Deputy Town Clerk, primarily for a da-ta base on dog licenses and water accounts. Engineering -there is also a request for a coiputer and that dove-tails wi-th -the overall engineering and planning coipi-ter request so that is really a piece of a bigger package. Page 4, not too much of a change, sane of -the increases relate to postage increases, etc. The unallocated insurance is a guess at this point, we may be able to bring that down a little bit in -the preliminary budget as we are still getting numbers frcm Becker-Wells on -that. That also pertains to -the Part-Town budget vAiich has an increase shown -there as well. Page 5, Superintendent of Highways, -the increase -there includes the part-time person -that we added for clerical. Street lighting has increased primarily Town Board Minutes 4 October 3, 1988 because of the additional intersection lights we have added at several areas in the Town. The Supervisor went on to say that on page 6, the major increase has to do with on going discussions with regard to County/City/Town involvement in youth services. The $126,000 shown there also includes the $4,000 senior citizens program that we have been operating for sane time. Nominally, the potential contract with the City is $122,000. That assumes that there is a major role that the County will taken on so that at this hour the allocation of the $122,000 is subject to further discussion. In other words if the County doesn't cone through with the larger part of the youth development, clearly the Town will retain sane role in providing funding for youth development so the $122,000 would then not be allocated totally for youth recreation. This is roughly a 39% increase and is the major driving force related to the increase in the Town-wide tax rate. The employee benefits, the $39,600 is the estimate relating to the pre-termination of the Einpire Plan decision and includes the enrollment of fewer people because there were seme Town enployees vdio chose not to enroll in the Elrpire Plan, so the figxire that you see in the Tentative Budget of $30,000 assumes that all enployees will enroll in the Blue Cross/Blue Shield Plan, vdiich is much less expensive and it also assumes that the current percentage of atployee participation, the 15%, would continue. The same is true for Part-town and the Highway budget, also. Councilman McPeak asked if that means that seme of the people elected not to have any coverage? Supervisor Deseh replied, vtot happened was v^en the premiums in Januairy went up semething like 53 to 60 percent, seme of the ertployees chose not to take on and continue their portion of the cost so they dropped out of the plan. The Supervisor continued noting page 26, vhich is the tax rate page. He stated that the gross tax levy, $136,948 that is the part of the appropriation that will be recovered frem taxes paid by taxpayers vho live in the Village of Cayuga Heights. The Town-wide tax rate in the area outside the Village of Cayuga Heights will be zero because of the sales tax revenue. The increase to ta3q)ayers in the Village of Cayuga Heights is roughly 15% and that translates into 11 cents per thousand so that on a $100,000 house would be an increase in taxes of $11.00 per year. Basically translating that back, as he had said earlier, the driving force for that increase other than inflation is our increase ceramitment to youth services. Part of that increased commitment to youth services we are able to fund by other revenues than tax revenues, in other words, the total difference between the $88,00 and the $122,000 is not taxes because as you well know this year since we did not have a contract with City we had a reimbursement program instead, we ended up with something like $30,000 left which can then be transferred and that goes back to the revenue. The tax nxmibers may change a little bit vdien the County comes up with the final assessment figures. Supervisor Desoh continued, noting on page 1 that basically there are not too many changes in revenue sources. We will be getting alx)ut the same amount of State Aid. We are continuing to play it safe on the mortgage tax. If you look at the actual 1987 mortgage tax it was one hundred and three thousand. This year he expected that the portion of the mortgage tax v^ich is applicable to the Town-wide budget would be about one himdred and thirty thousand. J^propriated fund balance and this is basically the savings in the youth program shows $22,000. Town Board Minutes 5 October 3, 1988 Councilwonian Raffensperger asked, the non-property tax distribution by the County, please explain that to me and explain the increase. Supervisor Desch replied, the difference between the '89 and '88 figure is basically the difference in the needed source of revenue to support the programs that are shown for '89. If you wanted to cut that figure you would cut the appropriations scmev^ere down through the budget. Councilwonan Raffensperger replied, this is a revenue figure vhich is distributed, in some sense, is that vdiat you are saying? Siipervisor Desch replied, that is right. Councilwoman Raffensperger continued, it comes from the County and this is sales tax revenue. Supervisor Desch replied, this is sales tax revenue vdiich is applicable to Town-wide services and Part-town services only. The first way to do it is to apply it to Town-wide services first, so that you end 1:5) with a zero tax rate and then \tetever you have left that you feel that you are going to get, you can do one of twc things or both. Apply it to Part-town services and Highways or if you chose you could put it all in fund balance. The trick is first of all to estimate the total amount of sales tax revenue, apply what is needed to the Town-wide budget, apply vtot is needed to basically the Part-town budget, then the Highway budget and then fund balance. Councilwcman Raffensperger asked, but there is no proportioning as far as assessed value or v^tever. Supervisor Desch replied, no. Suppose you wanted to build up the Town-wide fund balance, you could take the difference of $600,000 or whatever number you want to use, you could put it all in Town-wide fund balance, if you felt that was v^ere the pressuire was going to be. Councilwcman Raffensperger remarked, the Village does not take, or does not have the right to take sales tax? Supervisor Desch replied, they have taken their own for years. They use their own to reduce their Village taxes, so they are not authorize the have any of this. So this is v^y none is applied to the Village tax rate, otherwise they would be getting double tax credit. Councilwcman Raffensperger asked why the Town was getting so little State and Old Age money this year? Supervisor Desch replied, that he could not remember vAiy we got $28,000 in '87. He stat^ that he would have to go back and look but he felt it was a late payment because the amoxmt of eligibility payment has been the same for a number of years. Supervisor Desch continue with the Part-town budget portion noting that fundamentally the increase in zoning fees is because we will have had a full year of the fee schedule. State Aid is flat. Part-town appropriations, there was a request for a new copy machine v^ch he stated he did not put into the budget. A new one for the Part-town portion was purchased this year, there is seme unhappyness with it but he did not feel he could justify another replacement this soon. Town Board Minutes 6 October 3, 1988 Councilwcnian Raffensperger asked, on the "To County to reduce taxes", the figure given for the amended 1988 budget would be for '89 taxes? And $51,400 would be for '90 taxes? Supervisor Desch replied, yes. He went on to say that he did not make very many changes in the department requests for Parks Budget. The two major items are Grandview and South Hill Trail. Zoning Personal services shows the full year cannitment of the Assistant Zoning/Building person, with a ccnputer there and Planning shows the full year commitment of the Assistant Planning person and the planning study is shown at $46,000 vhich is the budget that the Town Planner put together. Employee benefits, no suirprises. The Part-town budget, agadln, is scmev^t of a strange budget because the potential revenue sources always exceed the need for appropriations so there has always been a transfer to the Hi^way Fund to keep the overall Part-town Highway tax rate down. Now it's a combination of the two budgets that reap the benefit of the sales tax revenue. Supervisor Desch noted that the Highway Fund revenues, very little change except the appropriations from Part-town. Then on the appropriations side, a couple of changes, the Highway Superintendent wanted to limnp together the gas, oil and diesel because of the bookkeeping involved, unfortunately Audit & Control requires it to be separate so we had to reallocate it back. The permanent iirprovenents, he stated that he did cut the Sxjperintendent's request by $43,000 for permanent improvonents, however, that is about a $35,000 increase over the current year. He stat^ that he did build into the budget $35,000 in relation to the next phase of Bums Road and also the beginning of the elimination of the safety hazzards on Sand Bank Road. Machinery budget is up, we are gaining quite well in getting the rolling stock in safe condition and he felt it was more irrportant to support that than the increase in the appropriations for permanent improvements. Page 13, he noted was pretty much the same as the allocations of the past years. We are a little bit heavier in snow ronoval and he felt this was wise because we have been playing that one fairly tight for several years and one of these years we are going to get caught. The appropriations on the Water Fund show the debt retirement that has to be met. We may well permanently finance the Bond Anticipation Notes, the entire outstanding debt. They are due in May and that will be the decision date. This is built in here as though we are going to permanently finance so it may turn out that this may not happen xmtil '90. The Bolton Point benefit charge, as you see, is going down and the reason is that the other partners shares are increasing by virtue of the water extensions in Lansing, higher consurtption in the Village of Lansing and consurrption in Dryden. Transmission and distribution expenses pretty much are inflation although we have built in again this year sufficient revenues to renew the painting programs and that will be coupled with the Bolton Point budget, the painting of the Sheldon Road tank. One the revenue side, the benefit assessment increases as much as it does because we have a planned increase of $10.00 in the benefit charge because of the 1987 improvement project and also some growth in the new area to be served. The revenue from Bolton Point also reflects seme growth and indicates that probably the benefit unit charge of $29.00 is too high and can be cut. Metered water sales are up reflecting additional consunption. Supervisor Desch noted that the surcharge is sinply 10% of the expected water revenues, that's the source of funds for repairing lines and painting tanks, etc. He went on to note the sewer appropriations on page 17, if we permanently finance the water obviously we will permanently finance the sewer and built into that Town Board Minutes 7 October 3, 1988 is the principal, vhich as he stated earlier may not happen in 1989. Sewer rents to joint sewer basically are a reflection of increased usage. The sewer rate is the same, as it has been fran the beginning. Electric bills for the puitps stations. Page 16 shows the sources of irevenue, the benefit charge of $50.00 and $12.00 pays that portion of the debt. Sewer sxorcharge of 7%, no change in that amount and appropriated fund balance v^ch probably won't be used is set to balance the expenses against the revenue. The Supervisor continued with the lighting districts. The only changes there is in the fund balance for each of those accounts as a couple are a bit in the red so we have increased those. Page 19, Fire Protection is a big one. The contract with the City increases from $567,000 to $714,000. That's an actual pretty close number and assumes the fire stations will be successfully bid at $1,150,000. What is built in there is the remaining Town share of the 5% down payment for the borrowing for those two stations. Not built into this number is any increase in manpower that the Chief has been requesting. Translating that over to page 26, the tax rate, that appropriation drives the tax rate from roughly $3.06/1000 in 1988 to $3.68/1000, a 62 cent increase and that's a 20% increase in that tax rate. It would have been much higher hadn't the $10,000,000 of addition tax base been added. So on a $100,000 house the tax rate will increase $62.00 in 1989. We still do not have a definite figure from Cayuga Heights yet. He stated that he felt the Board would find the remainder of the accounts pretty straightforward. He noted page 23, the sewer irnprovement Phase III simply reflects the estimated cost of the East Shore Drive sewer vAiich is about to be bid and indicates the amount that is available from the current borrowing to finance that. He noted that on page 25, the fund balances shown are very conservative numbers and he had gone down through thorn line item by line item, but for all practical pircposes you can add to General Fund 1—1 Town-wide, General Fund Part-town and Hi^way, $70,000 for Town-wide, $100,000 for Part-town and $100,000 for Highway. Those are pluses and minuses and off the top of his head the primary plus in the Town-wide is mortgage tax. Part-town is mortgage tax plus parks and Highway is a ccmbination of accounts. Water fund will also be about $40,000 hi^er and sewer fund about $60,000 higher. The water is because of not getting the one tank painted and sewer is revenues that were higher than forecast. Councilwcman Raffensperger remarked, in other words, you are saying that at the end of 12/31/88 in General Fund Town-wide there would be $186,000 as oppos^ to $116,000? And after that we would then subtract the allocated fund balance allocated for 1989? Supervisor Desch replied, right. And the same would apply to Part-town and Highway. Councilwcman Raffensperger remarked that for the first time, the Board does not have any salary attachments. Supeirvisor Desch replied, that will ccrae out of the meeting with the Personnel Ccramittee. Councilwcman Raffensperger remarked that last year, to her recollection, sane Town functions that were charged to Town-wide were distributed to Part-town. She asked if this has that been done again this year to any extent? Supervisor Desch replied, the same distribution, no relative change. Town Board Minutes 8 October 3, 1988 SOUTHERN OVYUGA LAKE INTERMONICIPAL mTER CX3MMISSI0N TENTATIVE BUDGET Supervisor Desch presented to the Board the following 1989 Budget Message: The 10% rate increase last year in response to the Health Insurance dilemma was very timely. Not only did it overccme a potentially serious cash flow problon but it is serving as a foundation to help us begin the process of building a desirable reserve by the end of 1989 if we continue to spend wisely. Planned expenditures are only $60,000 above the 1988 budget even after proper salary enhancements, equipment replacement and the painting of the Sheldon Road tank are included in the operating budget. We expect to continue to see a steady growth of 5% in consuirption in the system. In 1989, it may even be higher due to additional districts in Lansing and Dryden coming on line and growth in the Town of Ithaca. The debt retironent cost decreases by $25,125 in 1989. The following year will be the last year that there is no decrease. Following that there are only 6 more years until the bonds are paid off!! Commissioner Wheeler has asked that we consider a phase down of the benefit assessment but this should not start until 1991 vhen we are beyond our last no debt retirement decrease year. Although there is no plan for a rate increase for 1989, I do recommend that we seriously consider starting a phase in of a change in the rate schedule away from the break for larger users. This probably should be done in steps over a three year period perhaps starting in inid-1989. The budget officer recommendation excludes or cuts very little fron the staff requests which in many cases are below or at previous year levels. There is, however, no line item for the replacement of the Manager of Distribution. This matter will be discussed over the coming months. Finally, with respect to the painting of Sheldon Road tank, we should, in my judgement, complete the specifications for this in late Fall '88 so that we can get good bids before the painters have their 1989 painting schedules all worked out. The Town of Ithaca will be painting one tank next year so it may be possible to achieve additional economics by gettdLng separate prices at the same bid opening. Supervisor Desch remarked, looking at appropriations under administration the only change there reflects both salai^ increases and a full year payment on staff that was hired during this year. The contractual expenses shows higher monthly payments on the computer, some increase in insurance, and power. Personal services shews and a salary program to enhance the salaries of the plant operators, we have had a very difficult time in keeping plant operators for very long. They attracted away to other jc±)s so that is \^y you see the increases. Transmission and Distribution, the equipment is noted at the bottom of the page, new radio syston and new truck and the Sheldon Road tank painting. Councilwoman Raffensperger asked, v^at has happened to our request to the State Legislature that we be permitted to use Sales Tax Revenues for fire tax. We did make the request? Town Board Minutes 9 October 3, 1988 Supervisor Desch replied, we did make the request and ran into the same problem that we ran into with the Ellis Hollow Elderly Housing project and that is that there are certain parts of the State budget office and finance ccmmittees that think that fire protection district are benefit districts and yet fire protection districts have no authority to borrow, therefore, it's the prevailing feeling that sales tax revenue should not be utilized for benefit districts. It's still worthy of working on. ELECTED OFFICIALS SALARIES RESOLUTION NO. 286 Motion by SiJ^^ervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the elected officials salaries for 1989 as shewn in the budget, $16,800 for the Town Supervisor/Chief Fiscal Officer, $4,400 each for the Council and $8,500 each for the Justices. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none). EASTWOOD COMMONS PHASE III Supervisor Desch noted that the Board had an additional agenda item, Eastwood Ccmmons Phase III, v^ich came to the Board late at the suggestion of the Town Attorney. Town Attorney Barney stated that the Town Board had considered, seme time ago, the Declaration and Covenants relating to the Phase III of Eastwood Cannons. He stated that he sent them back and they were sxatanitted to him seme time ago for review with the statement that these implemented that changes that the Town Board had suggested. He stated that he thought a couple of then was to give the Town Board the ability to enforce the regulations but not the obligation. We wanted the definition of a family and these kinds of things. They were pretty much put in but in the process of redoing them for reasons vMch he was not quite sure of, there were sane changes made of other areas that he viewed a little more substantive than seme so that he as Town Attorney could not say bless you, go ahead with them. So he stated that he wanted to bring then to the Tbwn Boards attention. The reason we didn't do this on more notice is because the Eastwood Cannons had closing scheduled for yesterday for seme units so they would like to get a sense of v^ether there is seme problem here or not. Because of the short notice, we did not pass out to you another volume of these and with the Board's permission he stated that he would like to just highlight two or three areas vrfiere he felt there was a substantial change and get the Board's reaction. He went on to say that in fact there was only one major area, v^en the covenants were put before the Town Board before, the Board may rsnember there was the possibility of constructing a pavilion, vdiich was going to be basically a cannon use building. The way the restrictive covenants read before, there was no obligation to build that building but if it was to be built it would ultimately be conveyed to one of the homeowners associations up there and it looks like there will be two associations. The Town Attorney went on to say that in going through it again, Eastwood Commons, the developer chose to change that language to say that if the building is constructed it may be conveyed to the homeowners association, one or the other, but it may not be. It could ranain in the developers name or it could be transferred to some independent party. That raised the question of having a piece Town Board Minutes 10 October 3, 1988 of land vdth this pavilion on it that is really now something that could be independent of the Eastwood Comnons plan and proposal as it was submitted. He felt it was a policy decision for the Board, it was enough of a change that he didn't want to say it was acceptable. Norbert Schickel replied that he thought the way it was presented originally, that it may be conveyed or leased. Basically he stated that he was committed to trying to do that and he really felt it would be a good thing to have the pavilion. He stated that he has found that it is a very difficult thing to finance and he wasn't getting very much encouragement about it. When we did the provisions, the Attorney General's Office insisted that we be very clear on a few points. One, that it may not be built. Two, that it may be leased and we had had that in there in a rather general kind of a way but they wanted it spelled out veiry clearly exactly vtot the terms of the lease were and so in our Offering Plan it's all spelled out even with a budget exactly v^t the maiibership will be, etc. There are three parts to the pavilion, the first part is office and maintenance area, the second part is a meeting room and the third part is a health facility. We spelled it out in three parts that it could be built without saying it would be built, in fact categorically saying that it may not be built or it could be built in stages. The reason for that was so that we didn't burden the residents association fee with the v^ole thing if there were only twenty units sold. So it ended up that it spelled out that we could build one phase after twenty units were sold or built and that would then be carried by the budget that was initially because there is a factor in that budget to allow for office, etc., maintenance, storage, that kind of thing and then after twenty more units are built we would build another phase or we may build another phase but not ccmmitting to do that. He felt vAiere the rub ccmes in, is that we also said that it may not every be conveyed. ^ It may be built and we may never convey it. He stated that he wanted the Board to understand \^y we put that in. We have only one hope and that is to build that pavilion. It has only one purpose and that is that it is on the residents association area to serve the residents of Phase III and hopefully they will make an arrangement with the other phases to lease it. We didn't show a pavilion in the initial stages, therefore, we couldn't bring it in and require it in the later stages. So that is one of the reasons vdiy we have a separate association so that it can be declared right up front, okay this is \tot it will be and this is vtot the iitpact of it will be on your association fee. Then we get this thing vdiere we say that it may not ever be conveyed. Now the reason for that was that in talking with various financing people, one of the possibilities might be that they might put up the money to build the pavilion and then over a period of time that would be paid off. But if it didn't work out, if it just didn't work out, then they would own it and if it didn't work out what would happen to it. Well, you would have to have a building permit and a certificate of occupancy and there is no provision in the approval of the project for anything other than this pavilion to serve the residents but they at least at that point could ccme back to you and perhaps ccme up with a conversion to three units or scmething like that as a way to bail out of their investment. So you haven't premised that and they recognize that but at least that is a way that it might happen. You might say why do we have to put it in, well we have to ^ put it in because if we didn't put it in and if it's stated that it's going to be built it either going to be conveyed or it's going to be leased and then you do scmething else and the residents have a right to ccme back and say its right in there that it was going to be either conveyed or leased and that's the reason for that provision being that way. Frankly, it's a very difficult thing to pull off. He stated that he was very hopeful they could do it and he felt it would be a great asset and we want to do it. We have Town Board Minutes 11 October 3, 1988 tried to keep as iraich flexibility as we could to acconplish that. It is different, there is a change, there is a difference and he stated that he would like to have the Board approve that and give us the elbow room to make it happen. Supervisor Desch replied, in terms of the progress of the project, vdien do you expect to know vMch way you are going on that? Mr. Schickel replied, in the Offering Plan it states that a decision would be made after twenty xinits are built. Before the next phase and that is probably the earliest we could decide. Supervisor Desch asked the Town Planner if there was no condition of approval of the original Phase III approval that required the building of the pavilion? Mr. Schickel added, we have stated in our Offering Plan that a building permit and a certificate of occupancy will be obtained. Town Planner Beeners replied to the Town Supervisor stated that it was inplied that it would be built. Town Attorney Barney added, that his recollection was that it was presented in a maybe form and he did not think it was ever presented as an absolute. Supervisor Desch remarked that it was clearly shown on the site plan as there being room for it. Councilwcman Raffensperger asked vtot was the practical consequence of this? She stated that she was just not clear about it. If it is not conveyed to a haneowners association then it is a property which may be leased and she would assume could then be leased to an ^ outside agency which she felt was the important point in this. In other words if you have a health club in it, it then could beccme a public health club as opposed to one only for the use of the residents. She asked if this was correct? Town Attorney Barney replied, yes. Councilwcman Raffensperger continued, stating that she did not think, as she recollected, that that was within the understanding of the Planning Board vAien it gave the approval for the vdiole package. She asked if she was correct about that? Town Attorney Barney replied that he thought that was essentially correct. The process all along has been pretty much assumed that if a pavilion was built it would beccme a part of the ccmraon areas and part of the common properties of one or the other of the homeowners association. Mr. Schickel stated that there was no question in his mind that it was presented that it was designed to and the intent was to serve the residents and not be any kind of a facility for public use. Councilwcman Raffensperger replied, but the wording would permit such a use, outside of your intentions. ^ Mr. Schickel replied, the wording of vdiat? Town Attorney Barney replied, your new declaration. Mr. Schickel replied, what wording would permit that? Town Attorney Barney replied, wording would prohibit it? Town Board Minutes 12 October 3, 1988 Mr. Schickel replied, if it were conveyed to the association there is nothing to prevent the use for that puirpose. First off, the facility itself wouldn't lend itself to that. It's a small exercise rocm and an oveimight rocm and it really isn't designed for that. Maybe you are right technically that that is a loop hole that we have overlooked but certainly its not vdiat it's intended for, it's not vtot it is going to be. In the end if it is built it is being built for the residents. First off it vrouldn't be financially feasible. Mr. Schickel went on to say that he guessed he was looking for a little flexibility here. We have a closing that was scheduled for the 29th, the mortgage rates have changed and there is an enormous need to get this resolved. Supervisor Desch asked the Town Attorney if it would be possible, by separate agreement with Eastwood Canmons, make it clear that no building permit will be issued for the pavilion without it being clear that the association would be a partner or a part of it? Town Attorney Barney replied, yes. We could draft up something that he thought would be outside of the covenants. Supervisor Desch remarked that he did not know how the Board felt, but clearly he felt it could be left open because it was potentially totally different from vtot was originally extended. Town Attorney Barney added that mechanically the closing can be handled with seme sort: of separate agreement. However, it was a question as to how strongly this Board feels about the residence association having seme control. Si:?)ervisor Desch replied that he thought the people in the Town have to know the purpose of the pavilion and how it relates to the association. What the role of the association is in relation to the original intent of it's approval and that is v^y it sounds like an agreement is needed to make it clear that no building permit will be issued unless the association has the intended interest. Town Attorney Barney remarked that he assumed this was a ways down the road. Mr. Schickel replied that it was a ways down the road but that the offering plan was right now. We have to accept the offering plan vAiere it is. Supervisor Desch replied right, we are trying to get you to that point. Mr. Schickel ronarked, since you have to issue a building permit and we have a clear understanding that this is for the residents, now it might be owned then, it might be leased by them, but he stated that he wanted also to keep open, if the Board was willing, the possibility that if we are going to finance it in such a way that the title rests with someone else then you would have to issue a building permit but as far as it's use is concern not in terms of the residents can absolutely count on but our cattmitment to you. If the way to get it built was this way, to give the person that put up the money the security of okay they own it, and if for seme reason it doesn't work out then they might have to come back and ask you to do something. Councilwcman Raffensperger replied that that was v^t concerned her. She stated that she heard that description before and that concerns her. Anything that does not assure that the pavilion is for the sole use of the residents of Eastwood Cotmons she does not believe is the intent of the siabdivision approvals or the rezonings or anything that went in to that. Town Board Minutes 13 October 3, 1988 Mr. Schickel replied, the only case where it wouldn't be would be in the event that it became a burden to the association and seme disposition of it had to be made. Supervisor Desch replied, but then that would require separate action on the face of the merit of it at that particular time. Mr. Schickel replied, if you eliminate this possibility for me you are going to restrict my ability to do it. Supervisor Desch remarked, that possibility is always there. The possibility of converting Eastwood Cannons into a shopping center is always there. Councilwcman Raffensperger asked, can we make an agreement that will assure that the pavilion and v^tever its facilities are, will be in the future as much as we can restrict the use of anything in the Town, restricted to the use of the residents? Covincilwoman Raffensperger asked the Town Attorney if this was possible? Town Attorney Barney replied that he thought so. It's a matter of drafting up scmething that will accotplish this. He stated that v^at he was going to suggest was the possibility of requiring that before a building permit is issued for the pavilion that at that time, the proposed arrangenents with the residents associations be presented to the TOwn Board and be approved before a building permit is issued. Then you have a look at it at that point and if we have all of the financing questions and then at that juncture make a determination as to vdiat might or might not be appropriate. Town Attorney Barney continued, saying just for the Board information this declaration v^en we received it before had no description of the real property it covered. At the moment it only covers lots 30 and 31 it does not cover all of Phase III. That he did not think was a major problem but he wanted to bring it to the Board's attention because the time they saw it before there might have been an inplication that it was going to cover all of Phase III. The intent is, he thought, that as additional building units are built they will be annexed and made siabject to this declaration. But initially it only covers ten units. He went on to say that they have altered the Class B membership. If you recall there were two classes of ownership, one was lot owners they became Class A mahbers and then there was a Class B member v^ch was the developer. There was a disproportionate voting right, the Class B member had three votes for every Class A member. Now the Class B manber had a flat veto over any activities for a period of either eight years or until 45 units are sold, vMch ever ccmes earlier. Then the Class B membership disappears. The Class B member is defined sirrply as the developer and that again is not an unusual circumstance to have in these kinds of transactions because it gives the developer control for the developnent phase. We talked about eight years and his noted indicated that the Board was willing to live with eight years. Supervisor Desch asked, eight years frcm v^en? Town Attorney Barney replied, eight years fron the sale of the first unit. The TOwn Attorney stated that he had two other ccanments. Now the original proposal provided for a budget to be prepared and everybody. Class A and Class B members to pay their share of the budget. The Class B manber paying, in effect, 25% of vdiat every Class A member did. If you take a budget and say you need $1,000 in revenues and you have four Class A units and foiar Class B units you take that $1,000 and $800 of it get paid by the four Class A members and the $200 by the Class B member. Now, the language reads, and its again not an untraditional way, but Town Board Minutes 14 October 3, 1988 basically says you set the budget and the Class B inanber makes up vdiatever the deficit is in the budget by whatever is not paid by Class A members. Mr. Schickel ronarked, that's mandated by the Attorney General. Town Attorney Bamey replied, that he v/ouldn't be surprised if it was. You do see that fairly frequently, however, it leaves a , rather wide door depending on vdiat you do on yoxir budget because if ^ you set your budget in such a way the Class A member now pays the entire burden of the cost of the operation. Supervisor Desch asked if this was clear in the offering plan. Mr. Schickel replied it is that language vMch is required by the Attorney General and the budget is in the offering plan. Before the developer paid 25% of the maintenance on the lots that had not been conveyed or built on. Any that were built on but not yet conveyed or occupied, we paid 25% of the fee that was paid by the regular association members. Now the allocation, they pay so much per lot and any deficiency is made up by the developer. Any difference from the actual cost so that the resident knows vtot they are going to pay. Supeirvisor Desch remarked, so it doesn't leave the question open as far as the present members of the association, other than the developer. Mr. Schickel replied, in general in this type of thing \diat happens is that there are additional costs and they are paid the developer in the early stages. Town Attorney Barney went on to say that vdien we went through this before he thought it was agreed that there would be a provision put ^ in that if there were amendments to the covenants the amendments I would be required to be approved by the Town Board. Mr. Schickel replied, that is in there. If it isn't we will certainly put it dLn but he did not want to hold things up because he had to go back to the Attorney General before he could close. Town Attorney Barney replied that mechanically he was not quite sure how to work it out but it should be in there and that he just did not see it. He went on to say, on the road, the Planning Board in it's conditions indicated that before any certificates of occupancy would be issued the Harwick Road would be constructed and he thought either conveyed to the Town or accepted by the Town. He stated that he did not know the status of the road but it has become a question and he felt vtot Mr. Schickel would like to have happen, if it is acceptable to the Town Board, is that the Town Boaird accept the roads with seme security -^at they will be ccxrpleted in the required fashion to meet Town specs. Town Supervisor Desch asked Town Engineer Flumerfelt vtot was left to be done? Town Engineer Flumerfelt replied, right now if you go up and look at the roadway the concrete gutters, (these roadways do not have fmmt ditches they have concrete gutters) about two feet wide on both sides. They are about 75% ccnplete and there is gravel and crusher run limestone placed on roadway, it's not double siarface treated yet. When you look at the roadway, the gutters in some areas are down lower than the surface of the crusher run limestone which means that to shape the surface of the roadway seme of that material has to come off the surface. In some places up to almost a foot. What that leaves underneath at this point we don't know. Town Board Minutes 15 October 3, 1988 We vdll have to take seme auger boring to tell exactly what thickness is there and \^en this material is removed vdiether there is enough material left there. To keep on the safe side he has estimated that the road construction is about 60 to 65% complete and this point, it could be further than that if our boring shews there is extra depth material in these areas. Si5)ervisor Desch asked the Town Engineer what he and the Town Highway Superintendent were thinking about in terms of security? " Town Engineer Flumerfelt replied, there is the $40,000 in escrow and to ccaiiplete the road he felt it could be done in the neighborhood of $10,000 to $12,000. Councilwcman Raffensperger asked, when is it planned to be completed? Mr. Schickel replied, it's moving right along. In the past we have conveyed the road and then finished it up and he stated that he had overlooked the language in one of the resolutions that it be completed. He stated that the reason he had overlooked it was because he had put up the Letter of Credit for the completion so he assumed there was a little flexibility. The road will certainly be completed in the next 30 days. The curbs are nearly completed now. There is a section of curb where we put, to make the road level, there is one section of curb that is a bit lower than the fill that is in there and if in fact it is a major problon we are committed to bring it to Town specifications. Councilwomian Raffensperger asked, will this road be used more, in other words the request is to allow the certificate of occupancy to be issued prior to the completion of the road, is that right? Town Attorney Barney replied, the request of this Board is conditional acceptance of the road subject to an agreemient that meets with the Town Engineer' s approval and his in terms of assuring cotpletion of the road. He felt it was really the Planning Board vdio should really address the question of \^ether there should be a waiver of the actual final completion of the road before certificates of occupancy because it was their condition that they imposed. He did not know if this Board really had the authority, or wants to assume authority, to waive a requironnent that the Planning Board irtposed. Town Planner Beener asked if that wasn't a Town Board requirement rather than a Planning Board requirement? Supervisor Desch replied that he thought it ended up being both because there was concern about traffic. Councilwcaman Raffensperger stated that her concern was is there going to be more traffic on that partially completed road if we do this? Mr. Schickel replied, there won't be any difference. The traffic is going to be just v^at it is right now. Councilwcman Raffensperger remarked that there was a safety concern here as there is a great deal of gravel ccmiing off the end of that road onto Honness Lane daily. Town Attorney Barney went on to note the local law v^ch was a Town Board adoption, said that no certificate of occupancy for buildings 30 and 31 shall be issued for any structure in Phase III xintil Harwick Road and the road presently identified as Sunnyslope Lane are constructed to Town specifications. Town Board Minutes 16 October 3, 1988 Supervisor Desch asked if the Town Board could adopt a resolution subject to the acceptance of the conditions by the Planning Board? Town Attorney Barney replied yes, he felt that the Town Board could adopt a resolution accepting the road conditional upon it' s ccnpletion to the satisfaction of the Town Engineer and the posting of appropriate security for its ccnpletion. He felt nothing needed to iDe said about the certificate of occupancy because he felt that was the Planning Board's responsibility. He went on to say that there was one other item on this road and that is that there is a slight title defect in that this property is currently owned by a corporation which has paid scsne franchise taxes, according to Mr. Schickel, but the State of New York does not recognize that they have paid it. So v^en you call the State of New York and say you want a franchise tax search to show that this land is free and clear of any liens of the State they cone back and say that Eastwood Ccraraons Building Corporation owes franchise taxes for two years. Mr. Schickel is in the process of trying to get that straightened out but if we were to accept the road technically we would be accepting it subject to those liens. He was suggesting that we ask for a separate deposit of $2,000 to take care of these liens or enable us, as a Town, to go to the State of New York and buy a release for the liens if necessary, if it wasn't taken care of within a time frame and the time frame suggested was the end of the year. Mr. Schickel remarked, they have been paid but the State applied them to the wrong account. RESOLUTION NO. 287 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby conditionally accept the Harwick Road and the portion of Sunnyslope Lane adjacent to lots 31 and 32 subject to conpletion of construction to the satisfaction of the Town Engineer and the Town Highway Superintendent and submission of title documents satisfactory to the Town Attorney and the maintenance of a Letter of Credit in an amount satisfactory to the Town Supervisor and the Town Engineer to assure completion of the work and a deposit of the sum of $2,000 with the Town to assure removal of any franchise tax liens by Deconber 31, 1988. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none). Mr. Schickel stated that he had one more question. The question has cone up about the bicycle path. He stated that his understanding was that no additional building permits would be issued until the bicycle path question is resolved. He stated that he would like to talk to the Boaiid about that scmetime. He stated that he just wanted to be clear that that is not going to hold up approval of these buildings. Are you clear on that? He stated that he had a letter stating vdiat it was and that he had relied on that letter. Supervisor Desch replied, you question relates to 30 and 31? Mr. Schickel replied, yes. Town Planner Beeners replied that she saw that as a requirement of the subdivision approval and how it fits in with these two buildings she was not sure. Tofwn Board Minutes 17 October 3, 1988 Town Attorney Barney replied, that he though the sense, and may be we went out a little further on a limb than we should have, but he thought that the Town Si:5)ervisor, Town Building Inspector and himself and the Planning Board kind of felt, as to buildings 30 and 31, that would not be a problem but it needs to be resolved before any further building permits were issued. Mr. Schickel replied, let me just say that we did in fact build the walkway and and he accepted that but in looking at it, he did not have the opportunity to discuss it with the Board but we did in fact build it and we did in fact have discussions with the residents association. He had a letter from the president of the residents association at that time v^o agreed we had the right to do it, and we did it in response to your wishes and the Planning Boards wishes and we spent $2,000 building that walkway and they didn't want it. He stated that he was iitpartial, he did not feel strongly one way or the other, but it made sense down on that end. Now they have taken it out and he really did not think that it makes a lot of sense at the other end but he had e^^ressed to the Town Planner that if they feel it is an iirportant thing he was willing to do it. He stated that he knew that he considered that he had the obligation to do it for the residents association because a walkway had always been shown on the plan. For instance if there was a tree missing he felt he had to put in the tree or \diatever it was or the walk or anything else and so he thought the question of v^ether we had the legal right to do it is something that he thought no one knew for sure outside of testing it in court vbich he certainly did not have the inclination to do. But to say okay, they didn't want it, are we insisting that there be a walkway there just because at some point, and it did make a certain amount of sense at that end, but to backtrack and go back it doesn't make sense. If you do need it, still we could incorporate it into the development of this other piece of property that we have down at this end. Although he stated he didn't think it made a lot of sense to be there. Supervisor Desch replied that it was clear that it did not cause a problem for 30 or 31, the rest of it is up in the air. Councilwcman Raffensperger stated, vdien it does come before us she would really like to have the Town Planner review the entire history of it. She stated that it was her recollection of it that ^en the rezoning was done back in 1968 or vdiatever, there was a requirement there then for a walkway v^ch was never accotplished and she would like to have it clarified v^en it does ccme before the Board again. HEATING AND VBjTILATION FOR THE HIGHWAY BUILDING Si:5)ervisor Desch renarked that at an earlier meeting there was discussions the critical need for the upgrading of the capacity of the ventilating system. We now have a formal proposal, which he stated he had planned to build half into the 1989 budget and the other half this year but it is so critical that he felt it was inappropriate to go through the winter months in a closed building with the amount of fumes we are dealing with. He stated that he was suggesting that we moved ahead with it utilizing a budget amendment of unexpended fund balance - revenues from Town-wide. Councilwcman Raffensperger asked v^y it was not being taken out of the Highway Fund balance? Supervisor Desch replied, because the Highway building is a line item in the Town-wide budget, it shoiHd ccme out of Town-wide Town Board Minutes 18 October 3, 1988 because the maintenance of the Highway building is a Town-wide function. Councilwoman Raffensperger asked, and is it not in the Highway budget? Supervisor Desch replied, no. RESOLUTION NO. 288 ^fotion by Supervisor Desch; seconded by Councilwoman Raffensperger, WHEREAS, the State Labor Department, OSHA and the Town Highway Department have identified the upgrading of the ventilating system at the Highway Facility, and WHEREAS, the Highway Superintendent has evaluated the recommendations of several engineers and contractors, and WHEREAS, the Town Supervisor reccnmends that this health risk be eliminated on an urgent basis and has identified an appropriate funding source for this purpose, NOW THEREFORE BE IT RESOLVED, that $16,000 be allocated from Town-wide unappropriated fund balance to perform the modifications described in the Albanese Plumbing and Heating, Inc., proposal and that the 1988 budget be amended to permit acccraplishment of this emergency need. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none). SALARY CHANGE FOR ACCOUNT CLERK RESOLUTION NO. 289 Motion by Councilman McPeak; seconded by Coimcilman Bartholf, WHEREAS, the Town Board on May 16, 1988 authorized the position of Payroll Clerk frcm part-time to full-time Payroll Clerk/Administrative Assistant in order to meet the needs of the Highway Department, particularly with respect to ccmputerization of the highway data base, and WHEREAS, increases in workload, additional duties and the vacancy of the Assistant Budget Officer position have necessitated that the full-time position be located totally in Town Hall with a part-time person being authorized for the Highway Department, and WHEREAS, the Personnel Ccaimittee has recognized the increased responsibilities of the position of Payroll Clerk/Administrative Assistant and the exeitplary performance of Patricia Punger and recommends a permanent salary increase frcm $8.25 to $8.50 per hour retroactive to May 16, 1988, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves the salary increase from $8.25 to $8.50 in accordance with the Personnel Committee recommendation. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none). APPOINIMENT OF ASSISTANT BUDGET OFFICER Town Board Minutes 19 October 3, 1988 RESOLUTION NO. 290 Motion by Councilman Bartholf; seconded by Councilwoman Leary, WHEREAS, the Town of Ithaca has advertised for the vacant position of Assistant Budget/Personnel Officer, and WHEREAS, over 25 applications were received and reviewed by the Personnel Committee, and WEiEREAS, the Personnel Ccmmittee interviewed 5 candidates and held two interviews with two finalists, NOW TKEREPORE BE IT RESOLVED, that upon the reccramendation of the Personnel Conmittee the Town here by appoints Mrs. Linda Nobles to the position of Assistant Budget Officer/Personnel Officer at a salary of $25,000 with a 6 month probationary period at the end of which consideration will be given to a salary adjustment. (Desch, McPeak, Raffensperger, Bartholf and Leary voting Aye. Nays - none). FALL CLEAN UP Supervisor Desch stated that the question of came to his mind a couple of days ago with regard to Fall Clean-up. There has been a fair amount of publicity about that but he did not know v^ether the word had gotten aroimd and that he was concerned that the Highway Department and the Town Clerk's office may be over run with calls. There just wasn't enough material for a Newsletter. It was decided to discuss any action on this at the October 17th meeting. ADJOURNMENT The meeting was duly adjourned. ^Itwn Clerk ArrtOAVtr or rvtucATion The Ithaca Journal ^iidz cf ^ork, dmnpkni£ Ccrxmiy, -.eAiL..^Ullins being du}y r«-om. deposes And Ksys, tiiLt be resides in Itbacs^ Count)' and state aforesaid and tbst be is clerk Itsaca JouRNAi. a pablic x>e>*Tpapei printed and published in Ithaca aforesaid, and that § notice, of which the annexed is a true copy, was published in said paper . and that the £rst publication of said notice was on the A Su^cribed and sv,'ot^ to before xne, this day ^r^D^ i^Otory TuhUc.jean fordNom-V Public, state d New York No. 4654410Quelilied in Tompkins County ^Commission expires May 3U9."/ TOWN OF ITHACA n 4 NOTICE OF PUBLIC HEARING ( TENTATIVE BUDGET 'j NOTICE IS HEREBY GIVEN, that the Tentative Budget ,for the I Town of Ithocq for the yeor | beginning Jonuory I, 1989 hos i been completed ond filed in | the Office of the Town Clerk of j sold Town ot 126 Eost Seneco j Street, .Ithoco, New -YorkSij where it is avoilob|e fpr in-'j spection by any .interested, person.'Ot oil .feosonoblei, hours. . ' FURTHER NOTICE IS HEREBY..JGIVEN.. thot.the Tpwn3o.prdi^^ soid Town of Ithoco will me"et^'| ond ' review soid Tentonye -^ Budget and hold o, public JJ heoring thereon ot the Town Offices, 126 Eost' Seneca 1 Street, Ithoco, New 7:30 P.AA.?on'Oclober 3, J ond thot ofsuch heoring WyJ person moylie heord in fovor j of or ogoinst ony item or items j therein contoined. :. Vi Jeon H. Swortwood j Town Clerk i September 23, 1988