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HomeMy WebLinkAboutTB Minutes 1975-07-07 1 4 TOWN OF ITHACA REGULAR BOARD MEETING July 7 , 1975 At a 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 , New York , on the 7th day of July , ; 1975 at 59. 00 p . m . , there were PRESENT * Walter J . Schwan , Supervisor Andrew W : McElwee , Councilman Noel Desch , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman ALSO PRESENT . James , V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer Barbara Holcomb , Planning Board ' Chairwoman Reynolds .Dletz , Assistant Building Inspector John ' McQueen , Legal Assistant Susan Blumenthal , Planning Assistant Robert Parkin , Highway Superintendent Beverly Livesay , County Representative Roger A . Morse , County Representative e. Catherine A . Valentino , Town Representative to the Ithaca Youth Bureau and the Ad Hoc Committee on Youth and Recreation 1 Wilfred E . Drew , 301 Sheffield Rd . Ralph Ring , 122 Valley View Road Robert Hamilton , 615 E . Lake Rdo , Dryden Eleanor P . May , 1360 Slaterville Rd . Louis Nezvesky , 225 Cliff Park Rd . Frieda Nezvesky , 225 Cliff Park Rd . Aydee Reynolds , 916 East Shore Dr . Hannah Siemann , 325 Winthrop Dr . Gerald Stasavage , 109 Joanne Dr . Muriel Trapp , 920 East Shore Dr . Mrs . Percy Watros , 1584 Slaterville Rd . Radio , TV , and Press FINGER LAKES CONSTRUCTION , COMPANY SEWER ° LINE REPAIR BILLING Supervisor, Schwan brought to the attention of the Board a billing from Finger Lakes Construction Company in the amount . of $ 9 , 790 . 20 , for repairs to a sewer line in the Northeast '. It appears this repair work was to be done by the Village of Cayuga Heights and billed to the Town of Ithaca . However , the work was contracted to ' Finger Lakes Construction Company . There was some question as to whether this is a proper billing . Councilman McElwee agreed to look into this matter and report to the Board at - the next meeting . DISPOSITION OF RECORDS ir Supervisor Schwan reported that the Town is in the process of reviewing all Town records , those which were on hand in the Town Offices and those recently transferred from the Town Highway Barn to the Town Offices , and arranging for their disposition , that is , the destruction of those records which it is no longer necessary to retain . The Town must determine- which records it wishes to destroy and must submit such list to the Commissioner of Education of the State Education Department for permission to destroy same . 1 Town Board Minutes o 2 4 July 7 , 1975 In. order to comply with the requirements of the State Education Department in Albany , the Board acted as followss Motion by Supervisor Schwanpa seconded by Councilman McElwee , RESOLVED , by the Town Board of the Town of Ithaca that Walter J . Schwan , Supervisor of the Town of Ithaca , be , and hereby is author - ized to dispose of record item numbers ( see attached list ) on Records Disposition Request List Number 272 -TC - 14 , issued pursuant to section 114 of the Regulations . of the Commissioner of Education , and be it further RESOLVED , that the Clerk of this Board be , and hereby s directed y , to furnish a ' certified copy of this Resolution to Walter J . Schwan , Supervisor of the Town of Ithaca , to be forwarded to the Commis - sioner of cation . Unanimously carried . PERSONS TO BE 'HEARD - . Robert Hamilton Mre Fabbroni reported to the Board that Mr . Hamilton has constructed the road ( Blackstone Avenue ) to Town specifications ( see minutes of 5/12 / 75 , p . 8 ) and is in the process of bringing the deed up to date so it will be acceptable . This refers back to the old St . Catherine Subdivision of Arthur A . Prince which was approved last . Junep and which was to include looping the water line and extending the sewer main to serve one more lot . Mr . Robert Hamilton at this time is requesting that . the Town of Ithaca accept a monetary retainer for the remainder of the work which must be done including a time limito Attorney Buyoucos recommended counting on Mr . Hamilton to do the work , rather than Mr . Prince , and that any arrangements should be between Mr . Hamilton and the Town . Any obligations or arrangements between Mr . Prince and Mr . i pp.�, Hamilton are to be their concern , not the Town ° so that Piro Hamilton should protect himself vis a vis Mr . Prince . Mr . Fabbroni said the cost for the remainder of the work to be done on the water line , sewer installation , manholes , Tes , valves , etc , has been estimated at $ 8 ,, 000. The Town Board felt $ 10 , 000 ( $ 8 , 000 plus 25 % contin - gency ), should ,be set aside in escrow for the performance of the work . After the discussion , the Board acted as follows ° Motion by Supervisor Schwan , seconded by Councilman Desch , RESOLVED , that the Town Board will accept a security deposit of $ 10 , 000 in escrow ; that Dire Arthur A . Prince will be advised to complete the work of installing water lines and extending the sewer main not later than August 30 , 1975 ; that Mr . Robert Hamilton will be notified if the work is done by August 30 , 1975 and his money ( $ 10 , 000 in escrow ) will be returned to him ; that if the work is not done by August 30 , 1975 , then Mr . Hamilton will be expected to complete the work by December 1 , 1975 ,* and that if the work is not completed by December 1 , 1975 , the Town of Ithaca will deny the issuance of any building permits after that date . Unanimously carried . FBC SIGN PANELS Mrs . Beverly Livesay inquired why Groff Associates was given , until November 1 , 1975 to remove the FBC panels since they have been egal for the last £ive vears . It was suggested that Mrs . Livesay read the Town Board minutes of June 23 , 1975 in which this matter is covered . Councilman Powers noted that if Groff was required to remove the panels immediately the Town might be faced with gaping holes in the facing which would look worse than the panels 11 there is no agreement as to repair of the facing ) . He said the action taken at the June 23 meeting seemed a reasonable Town , Board Minutes - 3 - July 7 , 1975 compromise . Mrs . Livesay was concerned that the panels might acquire some legal standing by virtue of having been in place over a period of time . Mr . Buyoucos had no legal opinion on this matter at this time . He said there did not seem to be any psoitive law or statute which would specifically cover it . He said if Mrs . Livesay would frame a specific question he would look into it . Mr . Fabbroni noted that the Town ' s correspondence with Groff Associates and Kennilworth would furnish a considerable body of evidence that the sign and/or panels have not been accep- . - able and that they continue to be illegal . If the panels are cut to the roof line and used by a prospective new tenant , it could prevent damage to the facing and the resulting unattractive appear- ance . MADISON ELECTRIC COMPANY - SITE PLAN APPROVAL SCHEDULE PUBLIC HEARING Mrs . Barbara Holcomb reported that Madison Electric Com pany have requested permission to construct an additional building on their land off Five Mile Drive ( Parcel 30 - 2 - 30 ) . She said inm formation on the use of the building is not clear . The Planning Board °wants to be sure where the proposed addition will be located with "reference to the property lines and where the parking would be . The property is in the Light Industrial District and the addi - tion would be a permitted use in that district . There is a ware - house "now on the property . It appears from their request for a building permit that they wish to construct an ! office building " on 1500 square feet . Mrs . Holcomb said the Planning Board will meet on August 5th and that at that meeting they will make a recommendation to the Town Board which meets on August 11 . Mrs . Holcomb suggested that the Town Board should schedule a public hearing on this matter for August 11 , 1975 . Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that the Town Board of the Town of Ithaca does hereby schedule a public hearing on August 11 , 1975 at 600 p . m . at the Town offices to consider site plan approval for Madison Electric Company ( Parcel 31 - 2 - 30 ) for the construction of an addition to their ,, existing building on backland off 5 Mile Drive , and to hear all persons for or against such approval . ( Reference : Article IX , Section 46 , Unanimously carried . Zoning Ordinance ) PUBLIC HEARING - REZONING OF SHIPPOS LAND Proof of posting and publication having been presented by the Town Clerk , Supervisor Schwan opened the hearing regard - ing the rezoning of the lands of Stephen J . Shippos west of the flood ° control channel ( not including the 300 ft . strip along Five Mile Drive ) from Light Industrial to R- 15 Residential . This is a portion of Tax Parcel No . 31 - 2 - 2 , Mr . Fabbroni illustrated the location on a plot plan , say- ing there are , approximately 8 acres which would go back to R- 15 . The whole parcel is 12 . 2 acres . The portion which is R- 9 would remain R- 9 . For the benefit of the public , Supervisor Schwan noted that this land is a piece- of land to the east of Five Mile Drive . It is ' backland behind property owners Shippos and Terlouw and the land butts up against the flood control channel where the creek crosses under the railroad tracks . The land along Five Mile Drive is zoned R- 9 ; the backland ( 8 acres ) is zoned Light Industrial and the request is to rezone the 8 acres to R- 15 . Supervisor Schwan asked" for comment from the public and none was forthcoming . IL Town Board Minutes - 4 - July 7 , 1975 Councilman Desch felt the Town Board should see a layoutt of the area and how it might be used for building houses , how man,, houses , and whether such a layout would take cognizance of Coy Glen , Councilman Powers felt the Board was considering the rezoning of an area large enough to subdivide ; that the Board should look fuwa. ther into the feasibility of subdivision and how this might affect a decision about rezoning . He said he did not want to make a dccu . 11° sion on rezoning first , and afterwards learn what the owner plans to do with the property . Councilman McElwee and Mr . Fabbroni fell: this was a function of the Planning Board . motion by Councilman Desch ; seconded by Councilman Power. s , RESOLVED , that further action on the request of Stephen J . Shippo ;� for the rezoning of a portion of Tax Parcel 31 - 2 - 2 from Light In - dustrial to R- 15 Residential be tabled until the property owner advises the Town Board how he intends to use the property , together with ailayout indicating his intentions . Carried . ( Councilman McElwee abstained from this vote . ) PUBLIC " HEARING - PROPOSED DOG CONTROL ORDINANCE Proof of posting and publication of notice of public hear - ing with respect to a proposed Dog Control Ordinance having been presented by the Town Clerk , Supervisor Schwan opened the hearing . Town Attorney Buyoucos reviewed section by section a draft of a proposed Bog Control Ordinance , copy of which was furnished to those present at the hearing . During the review ,, Mr . Buyoucos em- has ,ized that if the ordinance is adopted , it will be the obliga - tion of an aggrieved party to use the mechanism of the ordinance to obtain relief . There would be no need to call members of the Town Board of Town officials or employees . Regarding Section 7 (A ) of the draft ( notice of seizure of dog ) it was agreed that notice should be by registered or certified mail , with return receipt requested , rather than personal service . Regarding Section 7 ( E ) the words . °' and any other charges which have accrued " would be added . Regarding Section ll (A ) Supervisor Schwan!' questioned whether the Town should pay for boarding an im- pounded dog . After the review of the draft by Mr . Buyoucos , Supervisor Schwan asked for comment from the public . There was a suggestion that the - fine should be increased after each violation , and a gen - eral feeling that the penalties were not severe enough . There was a complaint that the SPCA does not make a sufficient effort to pick up dogs which are reported causing a nuisance . There was a question whether a local ordinance could be more strict than the State laws , Attorney Buyoucos said a Town may adopt a local law as it wishes unless" ( 1 ) it is unconstitutional , ( 2 ) it is expressly forbidden , o. ( 3 ) it contravenes the provisions of any general law ( that is , a law that applies to all municipalities ) . Dr . Nezvesky recommended using the word " euthanized " where- - ever the word " killed " appears in the draft . He further recommended that only a licensed agent or professional , such as a veterinarian , should be permitted to destroy a dog . He said this is a "must " to protect everyone ' s pet . � It was suggested that the SPCA be contacted to det;'ermine whether they employ a licensed veterinarian . Dr . Nez - vesky was concerned that Section 11 did not properly insure that a dog would be properly fed and cared for during impoundment . It was suggested there should be words to the effect that . " it is the responsibility of the Town to provide normal and conventional hous - ing and care . " p� Town Board Minutes -- 5 - July 7 , 1975 There was a question as to whether the ordinance covers the case of a dog harbored in another jurisdiction , but picked up for aViolation in the Town of Ithaca . There did not appear to be a clear answer to this question . Mrs . Beverly Livesay - felt the proposed ordinance required clarification as to procedure . She asked whether a dog picked up had to be followed up with a complaint to the Justice or ohether such a case went automatically to the Town Justice . Fair . . Buyoucos said it was no't automatic ; that a complaint had to be filed . Mr . Buyoucos said ' the way the ordinance is drafted now it is mandatory that the Justice issue a summons directing the owner of the dog to appear in person before him . Mrs . Livesay asked who should be called if a person is being chased by a dog . Mr . Buyoucos said the dog warden may seize such a dog , and then the owner may be summoned into Court . As written the ordinance gives the Justice room for discretion and avoids bringing a person into Court as a criminal . The Justice can decide whether the dog or owner is a habitual violator of whether there are extenuating circumstances . Some concern was expressed by those present that this might over - load the Town Justices with cases of this kind . Mrs . Livesay sug- gested that a list of all dogs picked up should automatically go to the Town Jdstice . so he could warn the owners . She emphasized that , �considering the way the proposed ordinance is written , people would ,; have to be made aware that merely having a dog picked : up does not mean the owner would be required to come before the Jus - tice . ' The identity of the owner would have to be ascertained and a complaint filed . To that end Attorney Buyoucos suggested that the Town Clerk could distribute a copy of the ordinance to all persons who purchase a dog license . Essentially , he said , it is up to the aggrieved individual to follow up and file a complaint . Supervisor Schwan suggested that on a second pick -up of a dog , the SPCA or other agency contracted with could send a notice to the Justice so he might issue a summons . Mrs . Eleanor May , 1360 Slaterville Road , said she was opposed to the proposed law . She felt such an ordinance would place ,; dog owners at the mercy of neighbors and that the proposal interferes with the rights of the individual . Attorney Buyoucos said he understood Mrs . May ' s point of view , but that it appeared the majority do want some kind of dog control ordinance . Mrs . May noted that if the community needed protection against howing and whining dogs , why not protection against howling cats and noisy motorcycles . Mrs . Catherinq, Valentino suggested that in Section 4 parents or guardians should be indicated as responsible for dogs ownediby persons under 18 years of age . Mr . Buyoucos felt this would not be practical because so many parents are out of State . Mrs . Valentino asked what happened in the case of a dog coming on your property and harasses you or your dog . Attorney Buyoucos said this would be covered under disorderly conduct or trespass . There was comment from a person in the audience that he favored the proposed ordinance , in general , particularly with the addition of the provision that dogs should be euthanized when nec - essary by a licensed professional or veterinarian and the provision for adequate food and shelter . r Mrs . Livesay recalled , in connection with Mrs . May ' s con - cerns ; her suggestion that rather than . have a " leash law " that one could " have a law based on " nuisance " - - with the nuisances specifi - cally defined - - rather than making it a violation just to be off of the owner ' s property without a leash . There was some discussion about the difficulty of defining nuisances ; that this might be left to the discretion of the Town Justice to make a judgment in each specific case . Mr . Buyoucos felt the Courts provide a safe - ty valve , and would normally be able to protect someone like Mrs . May from undue harassment by . neighbors . Town Justice - 6 - July 7 , 1975 In Section 2 ( e ) it was agreed to eliminate the word " otheI wise '„' in the first line . Supervisor Schwan noted that the discussion indicated there are unresolved concerns about whether the law can be proper - ly enforced , who will act as dog warden , possible contractual ar - rangements between the Town and the SPCA , establishment of pro - cedures , and ': costs to the Town . Therefore , all persons who wished to be heard having been heard , the Supervisor closed the hearing , And the Board acted as follows . Motion by Supervisor Schwan * seconded by Councilman Powers , RESOLVED , that a . decision on a Dog Control Ordinance for the Town of Ithaca be deferred until further information is available on enforcemen' t , : selection of a dog warden , possible contractual arrangements with the SPCA , costs to the Town of Ithaca , and other matters raised at the hearing , such information to be obtained not later than the September Town Board meeting . Unanimously carried . REPORT OF COUNTY REPRESENTATIVE l Mrs . Beverly Livesay furnished the . Board with two proposed resolutions which the Board of Representatives will vote on on the 14th Of July - - one a resolution on the " Establishment of the Greater Ithaca Area Intergovernmental Relations Study Committee " and he other!ithe " Creation of Tompkins County Criminal Justice Advisory Board . Mrs . Livesay reported that the Office of Planning4Services and the Office of Local Government have been abolished as depart - mentsibut that their functions have been. put under the Division of Community Affairs (within the Department of State ) . Mrs . Livesay said that she had attended the Supervisors and Legislators Association Conference and learned that there is new legislation with regard to stop signs at the entrance of apart- ment complexes . Chapter 199 of the Laws of New York State ( 1975 ) permits towns to enact traffic regulations with respect to private apartment driveways . Towns were already permitted to do this in shopping centers and it has now been extended to apartment com- plexes . l Mrs . Livesay reported that she had learned at the same Conference that Chapter 248 of the Laws of New York State ( 1975 ) now requires that new or rebuilt roads must have pedestrian faci - lities for the IL handicapped . Attorney Buyoucos thought this law would have to ' be researched thoroughly to determine its effect with respect to the Town of Ithaca . REPORTS OF TOWN OFFICIALS Mr . Fabbroni recommended that the Town should accept the upperll, portion of Tudor Road in Eastern Heights . This is the por - tion ,between Sharlene and Nancy Street (Nancy Street being a " paper " road ) ': The Board considered accepting the road with the provision that the developer stabilize the ditch on the high side and repair Sharlene Road ': within a specified period of time or the proposed acceptance would be revoked . Attorney Buyoucos opposed acceptance until ', an abstract of title has been presented , the property des - cribed , and the deed approved , and the completion of the required if work . He said ,, further , that the Town should be certain there are no problems with underground easements . The Town should never accept anything subject to these things being done afterward . Town Board Minutes - 7 - July 7 , 1975 Mr . Fabbroni furnished the Board with his review and comment on the proposed County Transit Commission . In his report he noted he felt the formation of such a Commission is premature . He said when there is a specific need identified and agreed upon by the participating municipalities , then that would be the time to form the Commission . The Board agreed in general with °Mr . Fabbroni ° s thinking . Mr . Metz reported that ll building permits were issued in June , 6 for family units . This is down from last month but ahead of last year . Based on this , he said , the Town of Ithaca is holding its own economically . Mr . Fabbroni reported that a - letter has gone out to Beacon Hills requesting that they restore the site to its original contour and shape which existed prior to development . They „ were asked to reply within 30 days and to take action toward restoration within 90 days of receipt of the letter . No reply has yet been received from Beacon Hills . Attorney Buyoucos reported - that Judge Yesawich had dis - missed the Town ' s action against Rocco Lucente as to four of the housing units saying they are legal non -conforming uses to the Town ' s present ordinance which defines the number of persons who may accupy a dwelling . The judge reserved decision as to the remaining housing units . Mr . Buyoucos said another hearing would be necessary as to these units and he would report on this at a later date . Mrs . Barbara Holcomb reported that the Planning Board has given conditional final approval to Eddy Hill Farm subdivision , incorporating the recommendation of the Town Board that the 66 fto strip on the western edge of the 15 -acre parcel should be desig - nated as a future road on the map that is filed with the County Clerk , and that a provision be made on the plan that is filed with, the Town Clerk as a subdivision map - showing location of road and utility easements before the land is subdivided further . Mrs . Holcomb reported that the Planning Board has a request from, the . Church of the Latter Day Saints for permission to use their land on Enfield Falls Road for a day camp for five days in the summer . This is a permitted use , and approval was given conditional upon approval of the Tompkins County Health Department . highway Superintendent Parkin requested permission to attend the Highway Superintendents School to be held at Kiamesha Lake , New York , onlSeptember 16 - 19 , 1975 * notion by Councilman Powerse seconded by Councilman McElwee , RESOLVED , that the Highway Superintendent be authorized to attend the meetings for Highway Superintendents to be held at Kiamesha Lake , New York , on September 16 , 17 , 18 and 19 , 1975 , expenses of such attendance to be paid for by the Town of Ithaca . Unanimously carried . Town Board Minutes - 8 - July 7 , 1975 SALE OF 1953 AC LOADER Proof of posting and publication of notice of sale of Highway Department 1953 AC Loader having been presented by the Town Clerk the Superintendent reported that two bids had been received - - one from George ' s Backhoe Service , Main Street , New- field , New York , in the amount of $ 275 . 00 , and one from Mr . Roy Le Casterline , 429 Nelson Road , Danby , New York , in the amount of $ 567 . 89 . Motion by Councilman Powers * seconded by Superintendent Schwan , RESOLVED , that the 1953 AC Loader be sold to the high bidder , Mr . Roy H . Casterline , 429 Nelson Road , Danby , New York , for $ 567 . 89 . Unanimously carried . REMUNERATION OF ELECTION INSPECTORS In response to requests by election inspectors for in - creased remuneration , the Board reviewed briefly what was being done in other towns , the average number of hours served , and minimum hourly rates required by State law . The Board then acted as follows e RESOLVED , that Town of Ithaca election inspectors ' remuneration be increased from $ 25 . 00 to $ 30 . 00 for each day served , plus an additional $ 5 . 00 for the Chairman for service at Election , Primary , Regi'stration , ' Special Election or Referendum Days . Unanimously carried . APPROVAL OF BOLTON POINT WARRANTS There was some discussion whether the Ithaca Town Board was competent to approve the Bolton Point warrants . Supervisor Schwan noted that henceforth Mr . Edward J . LaVigne , Owner ' s Rep- resentative for the Southern Cayuga. Lake Intermunicipal Water Com- mission , would initial all the warrants before they come before the ;Commissi'on . It was further noted that the Town Board is approving the warrants upon the recommendation of the Commission after thorough review by the Commission . Councilman Desch , never - theiess , felt the Town Board should make itself more familiar with the {;, project and he recommended that the Board should make an in - spection of the Bolton Point site . Fiscal responsibility lies with the Ithaca Town Board - because the board of which the Chief Fiscal Officer becomes the Treasurer of the Commission must ap- prove the warrants . Councilman Desch repeated his recommendation that this Board prior to the next warrant review visit the Bolton Point site and inspect the facilities ; that they study the project budget and get a feeling for the percentage of completion . Super - visor Schwan noted that the Town Board has assurance of the pro - priety of charges by virtue of having the estimates of Lozier Engineers , Inc . , the approval of Walter Bradley , project manager for Lozier Engineers , Inc . , and the contemplated initialing of the warrants by Mr . LaVigne . There was still some feeling , how- ever , that a firm procedure was required with respect to warrant approval . Therefore , the Board acted as follows : Motion by Supervisor Schwan * seconded by Councilman Powers , RESOLVED , that this Board , after having reviewed the Bolton Point warrants dated July 7 , 1975 , and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that these warrants are in order for payment , hereby approves same for pay- ment in the amount ,of $ 276 , 171 . 29 . Town Board Minutes - 9 - July 7 , 1975 IT IS FURTHER RESOLVED , that a procedure will be established by the Southern Cayuga Lake Intermunicipal Water Commission , satis - factory to the Ithaca Town Board , for verification of the propriety of Bolton Point charges which come before the Ithaca - Town Board for final approval . _ Unanimously carried . APPROVAL OF TOWN OF ITHACA WARRANTS Motion by Councilman Desch ; seconded by Councilman Del Rosso , RESOLVED , that this Board hereby approves Town of Ithaca warrants dated July 7 , 1975 in the following amounts : General Fund $ 27 , 932 ° 77 Highway Fund 11 , 023045 Water and Sewer Fund 10 , 224e37 Unanimously carried . ADJOURNDIENT The meeting was adjourned at 8 . 10 p . m > Edward Le Bergen Town Clerk