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HomeMy WebLinkAboutTB Minutes 1976-01-26 TOWN OF ITHACA SPHCIAL BOARD MEETING January 26 , 1976 At a Special Meeting : of the Town Board. of the - :Town of Ithaca ; Tompkins County , New York , Held at ihe . Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 26th .dayI- ,of° - Janu ° aryo 1976 , at 12000 noon, there were PRESENTa. Walter J . Schwan , Supervisor Noel Desch , , Councilman Shirley Raffensperger , Councilwoman Catherine A . Valentino, Councilwoman ALSO PRESENTS James V . Buyoucos , Town Attorney Lawrence P , Fabbroni , Town Engineer Robert Bonnell , Assistant to Town Engineer Barbara P . Holcomb , Planning Board Chairwoman Robert I . Williamson , Attorney for R . H . P . , Inc. . ABSENTS Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman R . H . P . , INC . BILLBOARDS This, special meeting was called to hear Mr . Robert I Williamson , attorney for R . H . P . Inc . on the matter of the R . H . P , , Inc . billboards in the Town of Ithaca which are in violation of the Town ' s Sign Ordinance , and which the Town has ordered to be removed by February 2 , 19760 , Mr . Williamson reviewed that there are eight one - sided R . H . P . , Inc . billboards on . Rt . 79, (Mecklenburg Road ) and two two - sided billboards on Danby Road . On May 5. , 1972 the Town of Ithaca adopted a Sign Ordinance which required the billboards to be removed three years from that date , that the deadline has come and gone and that on December 4 , 1975 R . a > P . , Inc . was notified it had 60 days to remove the 10 billboards , that is , by February 2 , 1976 . Mr . Williamson informed the Board that a group of outdoor advertising companies are now engaged in a lawsuit in Suffolk County vs . the Town of €.outhampton . That case involves 35 to 40 boards . Mr . ° Wil`liamson noted another case in the Town of Brighton , outside Rochester , where there was an order to remove billboards , that here was a trial', that the Appellate Division reversed a lower. 'court , and the boards were ordered down . 1r . Buyoucos re - Ported that he had. ._.read that case (Appellate Division , Fourth Department ) in which the Court on the facts in that case sustained the 'action of the municipality in or eying the removal of one bill - board . Mr . Buyoucos emphasized that the opinionof the Brighton case. was limited to the facts in that case . The Court , however , stated that a municipality does have police power to regulate bill - boards and , when appropriate , to legislate their removal . kre Williamson said that in the Brighton case the question of amortization .. of cost was raised . He said the Southampton case , .however , is a good test because it raises all the issues possible (.1 ) constitutionality of the statute , ( 2 ) compensation for boards, ( 3 ) equal protection clause for billboards as for other property which could come under condemnation , ( 4 ) free speech under the first amendment to the Constitution , and ( 5 ) questions with respect to the Federal Highway Beautification Act of 1965 which is implemEnted in the State by Section 88 of the State High way Law . I Town Board Minutes - 2 - January ?. 6 ; 1976 Mr . Williamson said that Federal law says compensation shall be paid for removal of billboards . Section 131 of Title 23 of the U. . S . Code (Federal Beautification Act ) says that just com- pensation shall be paid for the removal of boards that were law- fully erected before 1968 along certain interstate highways and Federal aided primary roads . It appears that , Rts . 79 and 96 are such Federal highways, according to Vir . Williamson . The Park coin- pany has received compensation for boards alone Rt .. 81 $ 7. 1000 for an illuminated board and $ 3 , 500 for a plain board . Mr . Williamson said the Southamptony song Island , case will probably not be resolved for a year or a year and a half . He said he had come before the .Board to request . that the Park com-• parry be allowed to keep the boards up and operate them until the Southampton case has been resolved in the Courts . He noted that although the Park companies do not have a great deal of assessed valuation in the Town of Ithaca , they are a local company and a good " citizen in the community . Holding the order to remove the boards in abeyance would avoid litigation and . expense on both sides which might only be a duplication of the Southampton litigation . It was noted in passing that the Park company is or will be involved in similar situations in the City of Ithaca , Owego , and the Town of Union in Broome County . In response to a question by ftta Buyoucos , Mr . Williamson stated that . , f the Town of Ithaca pur - sues the removal of the Park boards at this time , the. Park company will defend the action , seek and injunction against. the removal of the boards , and argue: the case in Court , and that -Park would appeal an adverse finding in the- lower Court . . Supervisor Schwan said the Townhas not budgeted any money for legal expenses for a lawsuit involving removal of billboards nor for compensation for boards which might be taken down . In response to a question by r,12r . Buyoucos , Tyr . Williamson said he wanted to make it clear that to date no Court has said , a municipali - ty must pay compensation for removal of a billboard . Supervisor Schwan recommended a, stay of the notice to remove until the Southampton case has been resolved . Attorney Buyoucos recommended that the Town ask the . Park company to furnish information as to when the boards were purchased , their original cost ;, when they were erected , and an estimate of their present value . per . Williamson agreed to get this information for the Board . He requested an extension of time , say 30 days . Mr . Buyoucos recommended that if the Town Board decides to stay the notice of removal , the Town should reserve the right at any time to revive it on notice to the Park company . 411r . Williamson had no objection to this , but wanted assurance before he left the meeting that there would be a stay so he', would not be put in the position of having to begin an action on short notice . considering that the deadline ( February 2 , 1976 ) is so close at hand . Mrs . Raffensperger asked Mr . Williamson if he was saying that if the result of, the Southampton litigation is that the boards must be removed , the Park company would remove its boards . Mr . Williamson said in that event he would have to recommend that coursE to Mr , Park . Mr . Buyoucos stated , however , that the Southampton case could :)e appealed to higher Courts , even to the U . S . Supreme Court , The Supervisor thanked Mr . Williamson for coming to the meeting , and he was advised. he could call the following morning to hear the Board ' s recision . Mr . Williamson then left the meeting . Town Board Manu.te,s - 3 - January 26 , 1976 , It was agreed that Mr . kBu oucos would y pre ,?are a :better for the Supervisor ° s : signati re -, to the Supervisor of the- Town of Southampton asking for all pertinent details of- -the Southampton case ° - what the basis of the . complaint filed ,was , what their ordinance Says; , What the issues arer etc . Thereafter , the . Board• acted as follows ,z Motion by . Supery-isor , Schwan ; seconded: by Councilwoman Valentino. .. WHEREAS , ( 1 ) the Town of .Ithaca has givien written notice to R . H . Pe , Into to remove certain signs . oi billboards by February. 2 , 1976 , and ( 2 ), following the discussion- .of the status o.f. Court proceedings in Monroe County ( Town of Brighton ) and Suffolk County ( Town of Southampton ) on the. issue of the constlttutional-ity. of Town laws requiring removal oF . signboards , it appears that it would be an exercise - of fair discretion and also in the best interests of the :Town of Ithaca to .suspend. temporarily the en forcemeat of the aforesaid order , it is RESOLVED . Section 1 . That the aforesaid ord'er, 'be .held in abeyance and that tie daT`e of . removal of said signs or .,billboards be ex - tended to be a date which shall be stated in a written notce , to be given either ' by mail directed to or by :personal service on R . H . P . ,, Inc . or on .any other party requiring notice , which notice shall be given' by the Town Supervisor and shall be mailed or served at least thirty ( 30 ) days prior to the date set in such notice for the removal of such signs or billboards . Until such time as the Town Clerk is notified otherwise in writing , notice to Robert I . Williamson , Attorney , shall be deemed -to be sufficient notice on R . I3 . P , Inc . Section 2 The foregoing: prow si*on is on ,condition that R . H. P . , Inc . shall. furnish- to the . Town of Ithaca certain informa � tion relating to the said .signs and billboards such as the date of purchase , or erection , or last repair of any such billboards or signs , the original cost thereof , the costrof any repairs thereto , an estimate of their present value and such other_ in formation as the TowntBoard. shall reasonably require . Section ,3o The Town Attorney shall report on such informa- Lion as he may`—recp,ive on the status of the Southampton case . .Unanimously carried . ' ROC'dO . LUCENTE .. m .TIGHTS ' ON "WINS,TON COURT Supervisor Schwan reported that Rocco Lucente has re - quested street lighting, in four locations for his Winston Court apartment complex where there are six units per building and 18 buildings . Councilman Desch , reconmended that the Town. Engineer inspect the location to. determne whether two< or four lights are required e ` .The matter; :will be taken up :again at the February meet - ing . LIGHTING ,ALONG ROUTE '13 The Supers* sor. .read a letter , dated January 1.6 , 1976 from GC Ja FIessmer , ggmmereiai Representative , Ithaca Area , New Yorl State sic &b„ .Gas Corporation regarding the re-wiring of the urndercrounu 1TM�f serving the street lighting involving the Town of Ithaca al � a.:; ` t , 13 from the Ithaca City line north . New York ` tat ^ + & Gas Corporation is proposing changing Town- Board Minutes - 4 January . 2.6 , + 976 18 fixtures on the. main line.: from town-owned 400--watt mercury 20 , 000 Lumen to . 250 -watt high -.pressure sodium vapor lamps . The letter indicated this change would cost the Town $ 596 more per year , but will on the other hand -result. in considerable .savings ill maintenance costs to the Town . Mr . Messmer said replacement costs to the Town 1h the last couple of years have been $ 975 . 23 . He said the upgrading from mercury to• high. pressure sodium will increase the lighting over 30 %. while reducing the electric- load by 35 % , and will represent a savings of • 16 , 000 KWH per year . Supervisor Schwan said there was . no indication the number of lighting units would be reduced . Although . the Board was gen- erally in favor. of the New York State- Electric & Gas Corporation proposal , they wanted to see the number of lights reduced, if poss blee Councilman Desch said it ought to be .determined what the average foot candle level on the highway is now and if it is too mucr. , the Board dould request that New York State Electric & Gas Corporation reduce the number of fixtures . It was agreed the Supervisor would discuss this with Mr . Messmer before the Board made any decision . FOREST HOME WATER BILLING Supervisor Schwan reported he had .received a letter from Cornell University increasing water rate for, Forest Home area from $ 2 . 46/ Z cubic feet to $ 3 . 22• /M cubic feet . in order to cover this increase in the rate charged by Cornell University and in order to bring the water charges in Forest Home in line with what is being paid for water in tha rest of the Town , the Board felt the rate used in :billing Forest Home residents would have to be revised up - ward . Attorney Buyoucos questiond whether this could be done with- out. a ;change in the water and sewer ordinances .. The Board felt an increase. :would be justified ( 1 ) on the basis of Cornell University ' F� increased charge to, the Town- and ( 2 ) the achievement of uniformity of charges throughout the Town . Therefore , the Board- acted as follows : Motion by Su pervisor , Schwant seconded by Councilman Desch. , RESOLVED , that the water rate for the Forest :Home , area residents shall be rased . from $ 4 . 00 to $ 6 . 50 per thousand cubic feet , based on increased charges to the Town by Cornell University for water furnished and in the interest of achieving uniformity of water use charges throughout the Town . Unanimously carried . MARIO PROPERTY SLATERVILLE ROAD AREA There was discussion of the drainage problem- on the Marion %. property and :fir .. Marion ' s refusal to give the Town an easement to make lit possible to do the work necessary to resolve the problem . Supervisor. Schwan recommended a condemnation proceeding . Attorney Buyoucos suggested that the Board might give consideration to a local law with :respect to ,debris - - a, law which would make it possible to go on any property in the .Town of Ithaca where the accumulation of debris causes a flooding or drainage problem or a dafety problem to do remedial work . The Town Engineer and Town Attorney will follow up on this matter . ADJOURNP ENT The meeting duly adjourned . Edward L . Bergen , Town Clerk