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HomeMy WebLinkAboutTB Minutes 1992-08-24 Town of Ithaca Town Board Meeting Minutes August 24 , 1992 At a special meeting of the Torn Board of the Town of Ithaca, Tompkins County, Newyork, held at the Town Hall , 126 East Seneca Street , Ithaca , New York at 12 : 15 p . m . , there were : PRSSENT : Shirley A. Raffensperger, Supervisor John Whitcomb , Town Councilman Catherine Valentino , Town Councilwoman Frank Liguori , Town Councilman Patricia Leary, Town Councilwoman EXCUSED: Councilman Karl Niklas Councilman David Klein ALSO PRESENT : John Barney, Esq . ; Town Attorney Joan Lent Hamilton , Town Clerk Daniel Walker, Town Engineer Scott McConnell , Highway Superintendent Floyd Forman, Town Planner Sally Alario , Assistant Budget Officer Eva Hoffmann EXCUSED; Andrew Frost, Building Inspector/Zoning officer Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance , Call to Order: Meeting was called to order at 12 : 19 p. m . Agenda Item No_. 2 - Public Hearing - Sidewalk Ordinance PQblic Hearing opened at 12 : 20 p . m . The Town Clerk had proof of posting and publication . The Supervisor asked for any mernber of the public to comment on the proposed Ordinance . Eva Hoffmann was present to receive information . The Supervisor explained that this issue was discussed at the August S, Town Hoard Fleeting in detail . The 'Down Attorney added that this is an Ordinance which does two things . It enables the Town to designate areas where sidewalks are necessary, and compels the abutting landowner to construct the sidewalks . If the abutting owner does not wish to construct the sidewalks , the Town can then construct and bill the expense of construction Lack to the landowner over a period of five years with an interest rate of up to 6% . This deals with the construction of sidewalks presently at the Judd Falls area . Town Board Htg . 8I24/92 Pg . 2 Agenda Item N0 . 2 - Cont ' d The ordinance also allows the Town after construction to direr;t the abutting landowliers to maintain the sidewalks . If the landowner' fails to maintain the sidewalk the Torn can have it done and charge it back to the landowner cin the tax bill . The principal change from the first proposal was whether this would apply to every sidewalk ever constructed in the Town in regards to who constructed it and under what circumstances . In Section 2, we refer specifically to sidewalks constructed in those areas where the Town Hoard has ordered the construction of the sidewalks . There has been added to toe specifications the ability to reduce the area of the sidewalk in a residential area from a width of six feet to four feet , and giv,.n the Town the right to waive any or all parts of the specifications = Mrs . Hoffman asked if the sidewalks were Etrictly fox walking, or would bicycle traffic be permitted? The Supervisor responded that in the area of Judd Falls road there will probably be bicycles . The shoulders of the road in that area will be quite wide , so the bicyclists may prefer them . On Pine 'Free Road from Snyder Hill Road to Ellis Hollow Roark there will be a bikewaylwalkway ten feet wide designed for the mixed use of pedestrians and bicycles . Public Hearing closed at 12 : 24 p . m . The Supervisor asked the Board for any questions. Councilman Liguori felt that Section 2 seemed to exempt the Town on the construction of sidewalks. The Town Attorney explained that he had no legal problem with that . Councilman Whitcomb felt this represents a major change in Town policy. In the past when sidewalks were constructed there were Sidewalk Districts formed . The Supervisor explained this is a different mechanism, it is not a different policy. Sidewalk Benefit Districts have ended up being the same in financial responsibilities, only the mechanism is different. Councilman Whitcomb asked if the Town at that time had the power to compel landowners to construct sidewalks as this legislation does . The Supervisor pointed out the Town does not presently have any sidewalk districts . This is done pursuant to Section 2430A of 'down Law which authorizes this mechanism as opposed to a Sidewalk Benefit District . Town Board Atg . 8124111 Pg. 3 Agenda r tern No . 2 -- Cont ' d Councilman Liguori asked if there would be a Public Hearing before the Town ordered a sidewalk to be constructed? There has to be some standard suggesting there is a need for a sidewalk. Attorney Barney noted there is no requirement for a Public Hearing, but the intent of the Town Board can not he arbitrary and capricious . The Town Attorney believes that this proposal for Judd Falls Road is reasonable . Councilman Whitcomb voiced concern about some future Town Board compelling sidewalks to be put in just because they thought it would be a good idea. Attorney Barney explained every taxpayer aggrieved by a decision of the Town Hoard always has the right to challenge that decision, and it that decision is deemed to be arbitrary and capricious the Courts have no serious compunction a,bovlt reversing the Towne decision . The Supervisor told the Board the only other area sidewalks have been considered in ie Forest Horne . The Supervisor has had discussions with Karen Baum , President of the Forest, Home Improvement Association before the language was added i,n Section 2 and the difference in specifications was made . Mrs. Baum told the Supervisor that with the changes mentioned the Forest Home Association would not appear to comment on the legislation . They are the only residents within the Town that the Supervisor is aware of who have ever mentioned sidewalks in their neighborhood . Councilwoman Valentino is also concerned with the same things as Councilman Whitcomb and stated , it would be highly unlikely that a Town Board would arbitrarily comlael sidewalks to be installed unless there was a reason of public safety. To suggest that a future Town Board would just construct sidewalks is not feasible . Supervisor Raffensperger mentioned a meeting was set up with all adjoining landowners , they have all received information by phone , and have received correspondence in this case . There is such a lengthy process tc develop the process of creating sidewalks it is not likely any Town Board would be able to compel construction without knowledge of the landowners . Attorney Barney stated the formation of a Sidewalk Benefit District for the Judd Falls Road area would have taken approximately 120 days according to the statue . This was an alternative mechanism, which made the most sense . This is not to say that in the future this law could riot be modified to using Sidewalk Benefit Districts as the sole mechanism . To'w�i Hoard Meg. 6/24/ 92 Pct. 4 Agenda Item Igo . 2 - Coat ' d Councilman Whitcomb suggested that at a future date an amendment could be made to the Ordinance outlining the process by which the Town Beard would compel sidewalks . Attorney Barney mentioned a Public Hearing requirement could be added . A permissive referendum could not be added . Councilman Liguori asked about Section 3 with the snow removal, that the 'down Engineer could give twenty four hours notice for a landowrLer to remove it, how will the Town Engineer determine when the twenty four hours are jp? Attorney Barney responded this was an effort to find someone who could say that your twenty four hours has begun , remove the snow and not have the Town Board make the decision every time it snows. Superintendent McConnell painted out a typographical. error in Section 2 the last line between "waived" and "modified " should be or. . Motion made by Councilwoman Valentina adopting an Ordinance Regulating the Manner of Const2�uction and Repair of Sidewalks with the correction as outlined by the Highway Superintendent , Seconded by Councilman Liguori . Roll call vote , carried unanimously. Agenda Item No . 3 - Ethics Local Law The Supervisor stated this item was to discuss our Local Ethics Law. A memo from the Town Attorney outlines ghat an officer of a political party is , The Attorney explained the State Law, Section 51O has a number of definitions which real with ethics generally, Item No . 6 defines local political party official . It is an individual who is directing the funds , and has the power to call meetings such as the Cbairperson, Treasurer and possibly the Secretary. The State Law excludes anyone from their definition who is in a City, Town, or Village Party who is a Chairman ; if the population is less than 50, 000 people . Councilvoman Leary feels this needs to be clarified in the Tow[ Local Law so that it twill not be interpreted as saying officers of the Local political parties can not be and possibly even name the offices , and that committee members who do not hold office of political parties may serve on the Ethics Board. The Board asked the Town Attorney to draft a revision to the Fawn Local Law to reflect the clarifications as described. The Board will set a Public Hearing at the September Town Board meeting to amend the Local. Law. Town Board Mtg . 8124192 29 , 1 Agenda Item No . 4 - Water Quality Strategy plan Meeting The Supervisor explained a meeting will be held an August 31 , 1992 at 7 : 30 P. M. All elected officials axe invited to attend to find out about the Water Quality Strategy plan , and what the Water Quality Steering Committee is all about . Supervisor Raffensperger is planning to attend . The Board will inform the Supervisor later if they plan to go. Agenda Item - Additional Councilman Whitcomb stated he and the Supervisor had received Calls from several residents on East icing Road complaining about the amount of traffic on the road . Councilman Whitcomb investigated the complaint and discovered the County has contracted with a Contractor to haul gravel from the gravel pit at Brooktondale to Spencer for the landfill , These trucks are taking shortcuts through the Town of Ithaca. The trucks are coming up Coddington Road to East King Road. Councilman Whitcomb counted them fox approximately 15 minutes and saw seven tractor trailer loads . The residents informed Councilman Whitcomb they had counted 20 to 30 loaded trucks an hour, and then the empty trucks are corning back at the same time . They are destroying icing Road with the emergence of potholes , etcetera. The presidents are also concerned about safety because of the speed of the trucks . They did observe some of them rolling through the stop signs where King Road joins Troy Road, and at King Road they also roll through the stop sign Lather than having to get Started again. Some residents have told Councilman Whitcomb they have called the Counter Shezx ff ' s Department who told them they could nothing about it. Councilman Whitcomb Spoke to some of the County Representatives , one of 'them was very helpful aad the other was not, He was told by one County official it was a Counter road , a Counter project, and the trucks have a right to travel, it. Councilman Whitcomb presented a prepared resolution ( see attached ) , and wished to discuss it. Highway Superintendent McConnell mentioned his first impression was that it is a nuisance but it is a public right-of-way as Indicated by the County official . It is difficult to dictate who uses and how a road is used. Additionally, the taxpayers will hear the cost with the trucks having to go a longer different route . Town Board Mtg , 8124/92 Pct . 6 Agenda Item - Additional. T Cont ' d The Supervisor Compared this situation to w hen the Gas Company was building the gas lire on South Hill , they were using residential streets for a short out. The Town contacted them and they voluntarily ceased to use the road, and did use the State Highways instead . The Supervisor feels it would do no harm to ask Tompkins County to redirect the trucks . If wi# can ask a private contractor to address our concerns , we can ask the County. Councilman Whitcomb noted these are private contractors hired by the County. They were using East Miller Road in the Town of Danby which is a Town road and the Town posted the road for a weight limit . The Highway Superintendent mentioned that most roads of this kind are not built to handle this kind of traffic . Councilwoman Leary pointed out that the County has hired the contractors, they can direct them to go a different route . The additional cast would be the County' s . The alter`native routes vrolild be on the State highway through the City of Ithaca, or the opposite way on Soddington Road toward Willseyville to 963 , to Ditnby, and down Michigan Hollow. Supervisor Raffensperger mentioned that during most negotiations for big projects it is often discussed what route the trucks will take , and to assure they won ' t unnecessarily be destructive to residential neighborhoods . This is a concern that has occurred before . The Board discussed the possible routes which could be utilized , and suggested to the County . Councilman Whitcomb told the Board the project is scheduled to continue for at least another two weeks . Motion made by Councilman Whitcomb adopting the prepared resolution with the corrections of " the Town of Ithaca Town Board urges the County Board of Representatives to arrange for the contractors to avoid E . King and Coddinyton Roads in the Town of Ithaca and instead utilize less populated highways to the fullest extent possible . Seconded by Councilwoman Valentina. Carried unanimously . ( See attached . ) Councilwoman Valentino suggested a memo be attached to the resolution when presented to the County explaining the Town Board ' s position . Town Board Mtg . 8124192 Pg. 7 Agenda Item - Additional - Cont ' d Councilman Whitcomb will make phone calls to the County Representative he had spoken to, and to the Chairman of the Public Works Committee . Agenda Item No . 5 - Executive Session Litigation The Town Attorney and Town Supervisor suggested it was not necessary to go into Executive Session . The Supervisor explained the Town has been served with a summons by Larry Plac, and it is necessary for the Town Board to authorize representation by the Town Attorney in this action. The Supervisor told the Board we really do not know the basis for the summons, there were no specific details . Mr . Plac had been to the Town Clerk ' s office and was disturbing to the Town Clerk. His request was for information concerning the way something was handled in the Justice Court and was requesting copies of a Notice of Claim. Motion made by Supervisor Raffensperger authorizing and directing the Town Attorney to represent the Town in the action brought against the Town by Larry Plac . Seconded by Councilman Whitcomb . Carried unanimously. Other Matters Attorney Barney told the Board the Town was named as a party by Binghamton Savings Bank in a foreclosure action related to Eastwood Commons . Mr. Barney has already answered the action. The Bank in their foreclosure inadvertently foreclosed not only on property that Eastwood Commons owns, but also on the roads that Eastwood Commons conveyed to the Town . Attorney Barney has drawn this to their Attorney' s attention and hopes to be able to stipulate excluding the roads. In the meantime , in order to protect the Town ' s procedural position it is necessary for the Town Board to ratify and authorize the Town Attorney proceeding with this action . The Binghamton Savings Bank did this because the original mortgage included the Town road . When the Town received title to the road the Town received a release from the bank of that mortgage . When the abstract was brought up to date to bring the foreclosure action, the release did not show in the title action. Motion made by Supervisor Raffensperger to ratify, and to authorize continued representation by Attorney John Barney in the Binghamton Savings Bank lawsuit. Seconded by Councilman Frank Liguori . Carried unanimously. Town Board Mtg , 8/24192 Pg. 8 Auenda Item No . 6 - Adjournment As there was no other business to come before the Board, Councilman Whitcomb made a motion to adjourn . Seconded by Councilwoman Valentino . Carried unanimously. Meeting adjourned at 1 : 03 p . m . Respectfully submitted, Carr» •V. Joan Lent Hamilton Town Clerk Q * *Ne t regular meeting Tuesday , September 8, 1992 at 5 : 30 6 : 30 p . m, - SPCA Presentation 700 p . m . - Public Hearing - Zoning Ordinance Amendment Special. Town Board 1•1eeting 8/24 /92 Agenda Item No . 2 Sidewalk Ordinance Resolution No . 212 WHEREAS , the properly advertised Public Hearing has been held to consider an "ORDINANCE REGULA'T'ING THE MANNER OF CONSTRUCTION AND REPAIR OF SIDEWALKS" ; and WHEREAS , the Town Board has discussed and reviewed said Ordinance; and WHEREAS , it is necessary to correct wording in Section 2 , Construction of Sidewalks from "waived to modified" to "waived or modified" , and WHEREAS , Town Law requires that an Order To Construct be approved and signed by the Town Board and the Tompkins County Superintendent of Highways for the construction of sidewalks along Judd Falls Road, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby adopt said Ordinance with the stated correction; and be it further RESOLVED, that the Town Board does hereby adopt the Order to Construct for the construction of sidewalks along Judd Falls Road ; and be it further RESOLVED, the Town Clerk is hereby authorized and directed to file and publish said Ordinance and Order to Construct as required by 'T'own Law. MOVED : Councilwoman Catherine Valentino Roll Call Vote SECONDED : Councilman Frank Liguori Supervisor Raffensperger AYE Councilman Whitcomb AYE DATED : August 24 , 1992 Councilwoman Valentino AYE Councilman Liguori AYE Councilwoman Leary AYE Joan Lent Hamilton, Town Clerk Special Town Board Meeting 8/24/92 Agenda Item No. 5 Litigation - Larry Plac Resolution No . 213 WHEREAS , the Town has been served a summons notifying the Town of a lawsuit by Larry Plac; and WHEREAS, the Town has filed a Notice of Appearance concerning this matter; and WHEREAS , the Town will await further elucidation from Air. Plac as to exactly what his claim to a grievance against the Town is, now therefore be it RESOLVED, the Town Board hereby authorizes and directs the law firm of Barney, Grossman, Roth & Dubow to continue representing the Town of Ithaca in said lawsuit. MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilman John Whitcomb DATED : August 24 , 1992 Joan Lent Hamilton, Town Clerk Special Town Board Meeting 8/24/92 Agenda Item No . - Additional Coddington Road and East King Road Trucks and Tractor-Trailer Traffic Resolution No. 214 WHEREAS , large dump trucks and tractor-trailers, loaded with gravel, are traveling from Brooktondale to the County Landfill in Spencer, using Coddington and East King Roads as part of a shortcut, and WHEREAS , Coddington and East King Roads in the Town of Ithaca are essentially residential streets , and WHEREAS , several hundred of these trucks travel these roads daily, beginning before 6 : 30 a. m . , and WHEREAS, the trucks are causing deterioration of these roads, particularly King Road, pose a potential safety hazard, and are causing intolerable noise in a residential neighborhood, and WHEREAS , the traffic is expected to continue for several more weeks, now therefore be it RESOLVED, that the Town of Ithaca Town Board urges the County Board of Representatives to arrange for the contractor( s ) to avoid East King and Coddington Roads in the Town of Ithaca and instead utilize less populated highways to the fullest extent possible . MOVED : Councilman John Whitcomb SECONDED : Councilwoman Catherine Valentino DATED : August 24, 1992 Jj Joan Lent Hamilton, Town Clerk Town Board Meeting 8/ 10/92 Agenda Item No . - Other Litigation - Binghamton Savings Bank Resolution No . 215 WHEREAS, the Binghamton Savings Bank has instigated a lawsuit against the Town of Ithaca in a foreclosure action related to Eastwood Commons ; and WHEREAS , the said foreclosure is not only on property that Eastwood Commons owns , but also on the roads that Eastwood Commons conveyed to the Town of Ithaca; and WHEREAS, it is necessary to protect the Town of Ithaca' s procedural position in this action; now therefore be it RESOLVED , that the Town of Ithaca Town Board does hereby authorize and direct the continued representation by the law firm of Barney, Grossman , Roth, & DuBow to the Town in the referenced lawsuit. 14OVED : Supervisor Shirley Raffensperger SECONDED: Councilwoman Catherine Valentino Carried Unanimously DATED: August 24 , 1992 Joan Lent Hamilton, Town Clerk FINA C TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Joan Lent Hamilton , being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper: ( Ithaca Journal ) (See Attached) Location of sign board used for posting :Town Clerk's Office, 126 East Seneca Street, Ithaca, New York Date of Posting: August 12, 1992 Date of Publication : August 13, 1992 T4n Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOHPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this day of LEAH S.CARPENTER -� Notary Public,State of New York 1 Qualified in Tompkins Co.No.4797177 N o t a y P u b l i c MY Commission Expires April 30, 19-��l `� ��OF 1 T,y `�� TOWN OF ITHACA .21 4$ 126 EAST SENECA STREET, ITHACA, N.Y. 14850 4' o TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-174 TOWN OF ITHACA SPECIAL TOWN BOARD 14EETING NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will hold a Special Town Board Meeting, Monday, August 24, 1992 at 12 : 15 p. m. , at the Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York in order to conduct a PUBLIC HEARING at the said time to consider an "ORDINANCE REGULATING THE MANNER OF CONSTRUCTION AND REPAIR OF SIDEWALKS" , and PLEASE TAKE FURTHER NOTICE, at the aforementioned time and place all interested citizens will be afforded the opportunity to voice their approval or opposition of said ordinance . Joan Lent Hamilton Town Clerk August 11 , 1992 i Publish: August 13, 1992 I The Ithaca Journal Thursday, August 13, 1992 oberr Z. an, reetor the ® ' 1984 4. ierk's, TOWN OF ITHACA '17 )oods SPECIAL TOWN BOARD po' ich 12:15 P.m.; ar the Ithaca MEETING at uld Town Hall, 126 East Saneco s NOTICE OF PUBLIC pc Street, Ithaca, Now York in a d subs HEARING gu ca order b coodud a PUA!IC C PLEASE TAKE NOTICE, qu na HEARING at the said time to A itfons, that tho Town'Board of rho ha consider an 'ORDINANCE P s, re• Town of Ithaca will hold a PC rnd REGULATING THE MANNER ances Special Town Board Meeting, •1 1 cal OF CONSTRU4"_ ON AND Monday,Aepus!24, 1992 of 6I os REPAtR OF SIDEWALKS,' S crd red PLEASE TAME FURTHER Na CI Of TICE, of the aforementioned ►� Brno and F;loce all interested M 19e, cirizcrs will be afforded the J rust cppc:turity 10 voice their w. up of Provcl or oppositran of sold K; eeds ordinance. nt of loon lent Hamilton S� sorein Town Clerk JC jr 13, August 13, 1992 such