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HomeMy WebLinkAboutTB Minutes 1977-01-17 TOM OF ITHACA REGULAR BOARD MEETING January 17 , 1977 MW 5015 P . m . ( Rescheduled from January 10 , 1977 ) At the Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town ofvIthaca Offices at 126 . East Seneca Street , Ithaca , New York , on the 17th clay of Janu° ary , 1977 ( re- scheduled from January 10 , 1977 ) at 5a. 15 p . m . , there were PRESENT .e Walter J . Schwan , Supervisor Noel Desch , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine A . Valentino , Councilwoman ALSO PRESENT . James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Fnaineer/Building Inspector Robert Parkin , Highway Superintendent George Pfann , Jr . , Attorney J . tIe Reece ( Planning Board ) P . Scot;; Anderson , Depot Restaurant Willis Hilker , Hilker Construction Co . Arthur L . Berkey , 123 Christopher Circle ABSENT . Andrew W . r?cElwee , Councilman Shirley Raffensperger , Councilwoman Representatives of the Pledia were present . OPE11 IMETINGS LAIN ( James V . Buyoucos ) TTr . Buyoucos outlined the new open meetings law which be � carne effective January 1 , 1977 . He remarked that the Ithaca Town Board , has , in effect , and for a long time , been observing pro - cedures outlined in the new law . Ile discusses the requirements for giving notice of meetings to the media and to the public . Dire Buyoucos noted that an executive session is an " inter - ruption " of a regular meetingo that it is a portion of - a regular meeting ; that formal actions may be taken and resolutions adopted in executive session ; that the minutes of executive sessions coo not have to be in detail , but only record formal action taken . Mr . Buyoucos noted that clatters which may be discussed in executive session are set forth in Section 95 of General Municipal Law . ITe sand there appears to be no restriction on having " work sessions " or informal meetings . Mr . Buyoucos recorimended that all Board members read Article VII of General k1unicipal Law , and that the law be available for reference at each Board meeting . CONHITTEE REPORTS Park Committee . Supervisor Schwan read memo prepared by Councilwoman Shirl. r_y Raffensperger for this meeting on the status of : Northview Road park , Salem Road .. park , ' Tareyton Road park , East Ithaca bikeway , and Coy Glen . The letter is made a part of these minutes . Regarding Coy Glen and the contacts referred to in Council - woman Raffensperger ' s memo , Mr . Fabbroni said those contacts ought to be made before making application for BOR funds' because z dollar . figure is required when making application . Councilwoman V:alen. tillo said it was her understanding Councilwoman Raffensperger would pur - sue some of those contacts . Town Board 13inutes - 2 - January 17 , 1977 Zoning Ordinance Committee . Nothing to report at this timeo Water and Sewer Committee , Councilman Desch reported on trip to Albany on behalf of Forest Home sewer matter . He said he , Mr . Fabbroni , and Supervisor Schwan had met with DEC and EPA officials and Assemblyman Gary Lee . It appears some headway was made in terms of getting an eligibility number for the sewer pro - ject . There is now a preliminary time table whJuch indicates that the Town ' s environmental assessment statement and architect ' s stateA ment may be completed within the next 50 days . Funding , according to Supervisor Schwan , could be as much as 750 of the $ 970 , 000 prop ject . If the Town presents data in time , the DEC review would be completed by July and EPA review by the end of August , and a grant awarded by the end of September . This is about a year earlier than had been anticipated . One of the problems , according to Councilman Desch , . is securing the plan of study on enlarging the City of Ithaca plant Which for all practical purposes has been approved by EPA . ) TV Franchise Committee . Councilwoman Valentino reported that this Committee has been meeting and has now completed the draft of an agreement . The agreement closely resembles the Bolton Point agreement .* The draft has been taken to the Cable Commission and they like it . Each municipality will hold public hearings . Final draft from the Cable Commission is awaited. A budget formula has been drawn up , including how various municipalities would con - tribute toward it . The formula has been taken from the formula used by the Association of Towns . Each municipality, pays a per - centage . The municipalities appear receptive . Public hearings will be held , and the County attorney and a law student are help- ing with the legalities involved . The Towns would meet together rather than negotiating separately with Cerracche TV when negoti - ating ; TV franchise agreements . PERSONS TO BE HEARD Attorney George Pfann , Jr . appeared on behalf of Richard Blatchley , Honness Lane . I-Ire Blatchley has a problem with an 85 ft . wide lot on Honness Lane . Since this matter was relevant to the agenda item on scheduling a public hearing to revise the Town of Ithaca master highway plan , the discussion was deferred . REVISION OF TOM OF ITHACA MASTER HIGHWAY PLAN !4r . Fabbroni raised the subject of a public hearing to update the master highway plan . Since in-put and study material are required in this matter , it was agreed it would be premature to schedule a public hearing at this time . First a plan should be submitted and published in the newspaper . It was agreed to put this item on the agenda for February . (The Board agreed they would meet in a work session on this matter . ) I LANDSCtVING PLAN FOR DEPOT RESTAURANT- BAP. rlr . P . Scott Anderson presented landscaping plan to the Board , in accordance with conditions of approval of the project . The Board reviewed the plan and found it satisfactory . Totion ' by Councilman Desche seconded by Councilman Del Rosso , RESOLVED , that the landscaping plan presented by Pdr . P . Scott Anderson for the Depot Restaurant-Bar on Judd Falls road is hereby approved . Unanimously carried . 3 Town Board Minutes - 3 - January 17 , 1977 REPORTS OF TOWN OFFICIALS Town Attorney . Mr . Buyoucos , with respect to the Open lleet-- ings Law indicated that the regulations do not apply to iequasi - judi � vial proceedings '' - � for example , proceedings of the Board of " oning Appeals , and to certain quasi - judicial proceedings of the Town Board ( for example , when sign violations are appealed to the Town Board for a . variance ) . Committees , conferences , caucuses are exempt from the law . Mr . Buyoucos reported he has been " shepherdizing " all the cases with respect to any action taken in the matter of billboards litigation in another county , and how it might relate to the R . H . P . , Inc . billboards in the Town of Ithaca . mr . Buyoucos will report on this at a later date . Town Engineer . Mr . Fabbroni reported he is working on sewer easements for the 5 � area sewer project . Mr . Fabbroni suggested he might " swap " certain roads with the County , which would eliminate the need to acquire certain easements . The Board agreed this appear ° ed to be reasonable , at least until the specifics are known . !!fir . Fabbroni and 13r . Parkin will look into specific roads and related problems . Mr . Fabbroni suggested that the Town Attorney might draft a local law with respect to abandoned or unsafe buildings . Mr . Buyoucos said he would db so , but that there are two iaays the law can be written : ( 1 ) when the building inspector gives notice of an unsafe building and a hearing is held , and ( 2 ) where there is an emergency which must be taken care of immediately . It was recome mended that Mx . Buyoucos write it both ways . There was some dis - cussion of who would make the determination that a building is un- safe - - the building inspector , the Board of Appeals ,, a committee of knowledgeable persons , a building commissioner , or a building board . No definite conclusion was reached . It was agreed Mr . Buy- oucos would start by drafting a local law which the Board will re- view , RE -ADOPTION OF LOCAL LAW REGULATING ELECTION OF COUNCILMEN Preo; f of posting and publication of notice of public hear - ing in this matter was presented by the Town Clerk . Thereupon , the Supervisor opened the hearing . Town Attorney Buyoucos reported that the Town Board had adopted the proposed local law at the Town Board meeting of December 131 ' 1976 , but that certain non- substantive changes were made at the last minute . Because of the importance of the procedure , however , Mr . Buyoucos thought it would be best to rescind the action of Decem- ber 13 , 1976 . The local law proposed to be adopted at this time is exactly the same as that adopted on December 13 , 1976 . Supervisor Schwan asked for comment at this time . Arthur L . Berkey , 128 Christopher Circle , stated for the record that the 6 .930 time is not an appropriate time for public hearings . He reaueoted that public hearings be held at 7 ° 00 p . m . or later , stating that the 6 .930 p . m . time tends to discourage pub- lic participation . He suggested that the public hearing had not been properly published . Town Attorney Buyoucos , by questioning the Town Clerk , elicited the fact that the hearing had been posted and published on January 5 , 1977 for a meeting on January 10 , 1977 ,, that the January 10 meeting had been cancelled because of the weath� er ,, that notice of public hearing had been re -published and posed Town Board Minutes - 4 - January 17 , 1977 on January 12 , 1977 for the January 17 , 1977 meeting . Mr . Berkey conceded he had not seen the posting and publication of January 12th . Supervisor Schwan said he would rears the local lair proposed to be adopted . Mr . Berkey said he found a reading would be inade � quate for him to respond properly at a public hearing ° He said that since it was considered important for the Town Board to have a copy of the proposed law in advance , the Board should at least have copies of the law available for the public . He objected to having it read only . Mr . Berkey was furnished with a copy to read . After the reading , Mr . Berkey noted that Section 9 indicated the law was subject to a mandatory referendum . Air . Buyoucos said this is the case and that the time and polling places will soon be se - lected . The Supervisor then closed the hearing , and the Board acted as follows , Motion by Supervisor Schwan * seconded by Councilman Powers , WHEREAS , ( a ) the Town Board at its meeting held on the 13th day of December , 1976 , adopted a resolution purporting to enact Local Law 4 , 1976 , entitled " A Local Law Providing for the Election of Additional Town Councilmen to the Town Board and Regulating Elec - tions where Terms are Inappropriately Designated " , and ( b ) it now appears that such adoption may not be proper because of last minute changes made in the wording of the lavr , and ( c ) completion:::; of the to adoption of the laxgy by filing with the Secretary of State has not been implemented , RESOLVED , that the aforesaid kesolution and the purported adoption of the aforesaid law is hereby rescinded , revoked and repealed , and the adoption of such resolution and law is hereby. determined to be a nullity . Unanimously carried . Supervisor Schwan then read the title of the proposed local law , and the Board acted as follows ° Motion by Councilman Descha seconded by Councilman Powers , LOCAL LAW NO . 1 - 1977 A LOCAL LATI PROVIDING FOR THE ELECTION OF ADDITIONAL T0T11N COUNCINAEN TO THE TOTAIRT BOARD AND REGULATING ELECTIONS WHERE TERMS ARE INAPPRO- PRIATELY DESIGNATED . TIHEREAS , the size of the Town Board was duly and properly increased from four to six councilmen during the year 1975 ; and 1+RIEP.EAS , the normal procedure at the general election next following such increase in size would be for three Town Councilmen to be elected for a term of four years and one for a term of two yearsb and FMEREAS , by mistake , the ballot for the general election for 1975 indicated four Town Councilmen were to be selected for four year terms * and IPTHEREAS , the electorate voted upon and selected four Town Councilmen each for four year terms ; and Town Board Minutes - - 5 - January 17 , 1977 WETIEREAS , the Town Board desires to maintain orderly con tinuity in the terms of office of Toc-m Councilmen and to validate the ' actions taken by the electorate at the 1975 election : aize! WHEREAS , a Town Board has the power to adopt the within local law pursuant to Section 10 ( 1 ) ( d ) ( 3 ) of the municipal TV Rule law , 11011c TIHEPXFOIL , BE IT ENACTED BY TIEE 1rOI 1.rtT I�O.F�Rr � TOWN OF ITHACA AS FOLLOL1JS OF TFs� Section 1 . To fill the vacancies created by the increase in size of the Town Board from four to six members in 1975 at the biennial election for town offices held in 1975 , four To*ran Councilmen shall be deemed to have been elected for terms of four years each commencing January 1 , 19760 Section 2 . At the biennial election for 19770 two TojAm Councilmen shall he elected each for a tern of four years . The term of each such Councilman shall begin on January 1 , 19180 Section 3 . At the biennial TOwn elect- ion in 1979 , four Town Councilmen shall be elected , three for a term of four years each and one for a term of two years . The term of office of each such Councilman shall begin January 1 , 1980 .0 Section Q . At the biennial Town election in 16981 , and at each biennial Town election thereafter , . three Town Councilmen shall be elected , each for a term of four ye' arso The term of office of each such Councilman shall begin on the first day of January suc ° ceeding the election at which lie or she was erected . Section 5 . At any Town election at which there are vacan� Gies for the same office but for differing terms , and there is a failure to designate which candidate is running for which term , or there 'is an erroneous designation that all are running for the longest term , the candidate or candidates receiving the next high- est number of votes shall be deemed elected to the next longest term and so on to the ends and the inspectors of election shall count the ballots and certify the results accordingly . Section 6 . If any provision of this local law or the appli - cation thereof. to any person or circumstance shall be adjudged in - vali:i by a court of competent jurisdiction , such order or judgment shall be confined in its operation to the controversy in which it i&yas rendered , and shall not affect or invalidate the remainder of any provision of any section of this local law or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this local law are hereby de - clared to be severable , Section 7 . This local later supersedes the provisions of Section 37 of the Town Law which apply to the manner of election of Town Councilmen following the adoption of the procedures pro - vided for in such section for the increase of Town Councilmen from four to six . Section 8 . This local law shall take effect immediately and shall apply so as to validate any election held prior to its effective date Section 9 . This local law is subject to a mandatory refer endum and shall be submitted to the voters at a special election , in compliance with applicable requirements of the Municipal Norse Rule Lawf Section 23 , to be held at such time and places , in accord0 ance with the provisions and directions to be adopted by the Town Board at a regular , special or adjourned meeting . ;000M Town Board Minutes - 6 - January 17 , 1977 APPOINTMENTS TO PLAINNIMG BOARD Notion by Councilman Desch ; seconded by Councilwoman Valentino , RESOLVED , that Eva Roffman , 4 Sugarbush Lane . and James Faker , 330 Bostwick Road , are hereby appiointed as members of the ToT-Tn of Ithaca Planning Board , Eva Hoffman to- replace Samuel T . Slack. ( who resigned December 31 , 1976 ) and complete his unexpired tern through Decdmrber 31 , 1983 ,o James Baker to replace Daniel Balser twho resigned December 31 , 1976 ) and complete his unexpired term through December 31 , 1979 . Unanimously carried , With these two appointments , the Tom of Ithaca Planning Board is again a complete 8mmeraber Board . ENCUMMERING ACCOUNTS Iaotion by Supervisor Schwan ,, seconded. by Councilman Desch , RESOLVED , that the following accounts shall be encumbered ( paNment to be made from 1976. budget ) in the following amounts Account A9030 . 9 . . . . . . o . . e . o . . . $ 1 , 415 ° 04 Account B9030 . 8 39080 Account D1420 . 1 0000000000000000 8 , 312 . 71 Total . . . $ 9 , 767 . 55 Unanimously carried . PERSONS TO BE I!E,ARI D Willis S . Iiilker , H* lker Construction Co . , anpeared before the Board to say . his company is looking for sites for a new venture . He asked the Board for its reaction to the new business exemption law wlzicl the State has asked each municipality to consider . He needs a reaction so he can make a decision on where to locate the plant . Tax abatement would be important to his company , He urger? the Town to adopt the tax exemption policy as outlined by the State for industrial and commercial improvements and new construction . Supervisor Schwan remarked that action in this matter must be taken by aZay 1 or the law becomes effective by default , as set up by the State , that is , 509,; abatement the first year and re ° ducing by 5 Percentage points for the next nine years ( 50 % , 45n , 400 , etc . ) . It applies to industrial or commercial construction where the cost is in excess of $ 10 , 000 . It was agreed this item x7ould be on the February 7th agenda . In the meantirie , Town Attorney Buyoucos will look into some of the ambiguities in the law (whether it applies to water and sewer bone ° 1 fit charges , and other service charges , 'sown fire levy , water use charges , surcharges , etc . ) Mr . Hilker noted that should the Town of Ithaca not grant the exemption and surrounding towns do , the Town of Ithaca may stand to lose the grostth . Town Board Minutes - 7 - January 17 , 1977 Mr . Hilker reported his company had applied for a permit :t,Q build a residence at the end of Kendall Avenue where the road is not developed . He said they plan to develop the road and dedicate it to the Town . The problem is that the Town must assume ownership of the land in some manner . Hr . Hilker is assuming that the Town may opt to put a ; . road in , but the obligation is his to put the road in . Councilman Powers noted that a deed will be required . I-Ir . 4 Buyoucos offered to meet with Mr . . Hilker ' s attorney to work out the problem , since it involves the , . oid Ithaca Land Conpauy plats and " paper " streets . After discussion , it was agreed that . the Town Attorney would work with Mr . Hilker and his attorney on this matter . BOLTON POINT WARRANTS Motion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that the Bolton point warrants dated January 17 , 1977 , after review by the Town Board , and upon recommendation by the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , are hereby approved in the amount of $ 35 , 050 . 49 (Operation and Maintenance Account and $ 991 -i34 . 49 (Construction Account ) . Unanimously carried . TOM OF ITHACA WARRANTS Motion by Supervisor Schwan , seconded by Councilman Del Rosso , RESOLVED , that Town of Ithaca warrants dated January 171 1977 in the following amounts are hereby approved : General Fund 35 , 884 . 99 Highway Fund 6 , 324 . 98 Water and Sewer Fund 4 , 878 . 19 Unanimously carried . SALARY TRANSFER - HIGHWAY DEPARTMENT Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that $ 800 . 00 be transferred out of contingency account (A1940 . 4 ) into the Highway Superintendent Account (A5010 . 1 ) to restore salary increase for the Town Highway Superintendent for 1977 . Unanimously carried . WATER AND SEWER UNIT CHARGE FOR APARTMENTS The Board reviewed the problem of dealing with requests to expunge the extra unit charge for apartments which are not being offered for rent , or are occupied by a relative or other person , without rental charge . The Board did not feel the apartment situ- ation could be " policed % However , the Board did not refer to the minutes of November 4 , 1976 which appeared to establish a " policy " in this matter , as follows : " There was discussion of unit charge water and sewer benefit assessment for a homeowner who has an apart- ment in the home which is not being rented out for monetary gain ,, but is being utilized by members of the family . It was agreed that the benefit charge in such case will be reduced by one unit . However , it will be incumbent upon the homeowner to file a . sworn statement to the facts in the case , that is , that the apartment is not used for monetary gain . Town Board Minutes - 8 - January 17 , 1977 Notification must be received by the Town not later than November 1st of each year . It was agreed that the Town Attorney will draft a letter to the effect that for the purposes of water benefits and sewer benefits the apartment shall not be deemed to be a separate unit if the unit is occupied by the same family which occupies the remainder of the dwelling and that no rents are being charged . " This matter will be reviewed at the February 7 , 1977 meeting . REFUND OF SEWER CHARGE Motion by Supervisor Schwane seconded by Councilman Powers , RESOLVED , that sewer charge of $ 1 . 001 plus 10 % date payment penalty charged in error to Byron Saunders , 317 Warren Road , be refunded . Unanimously carried . CAPIPBELL AVENUE ROAD IMPROVEMENT The Board discussed again Mr . and Mrs . Walter Carmen ' s ( 1012 Trumansburg Road ) dissatisfaction with the work performed on Campbell Avenue with respect to their premises (which some of the Board members had inspected the previous Saturday ) . It appears that the original plan for building the road was modified . Mr . Fabbroni contended that Pire Carmen was aware of the modification and that the only deviation from the modified plan is that the road is half a foot higher than the modification . Any other deviations were the result of the Carmens preventing the men from doing some of the work planned . 11r . Fabbroni ' s basic contention is that Mr . Carmen was aware of the changes to be made in the original plan . Supervisor Schwan felt that the work was properly done , and if the road were cut down any , it would cause considerable trouble with two adjoining driveways . Councilman Powers said he had asked Mr . Carmen what he would like done . Mr . Carmen wanted the road cut down ° five feet , which cannot be done without damage to neighboring properties . After considerable discussion , the consensus of the Board was that the road construction was done in the best possible man- ner under the circumstances , and that the assessment to the Carmens for their share of the cost should stand . It was agreed that a letter would be written to the Carmens to this effect . ADJOL RPJMEiJT The meeting was duly adjourned . Edward L . Bergen Town Clerk