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HomeMy WebLinkAboutTB Minutes 1979-05-07 TOWN OF ITHACA TOWN BOARD MEETING May 7 , 1979 - 5 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , Tomp - kins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , on the 7th day of May , 1979 , at 5 : 30 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Shirley . Raffensperger , Councilwoman Catherine Valentino , Councilwoman Gust L . Freeman , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer /Building Inspector Robert W . Bonnell , Assistant to the Town Engineer Robert Parkin , Highway Superintendent Stewart Knowlton , Groff Associates Beverly Livesay , County Representative Howard G . Andrus , 113 Christopher Circle Arthur L . Berkey , 128 Christopher Circle Charles A . Foote , 1698 Slaterville Road Eleanor Foote , 1698 Slaterville Road Donald Henry , 140 West Haven Road Edward L . Hollister , 173 West Haven Road Howard Kane , 114 West Haven Road Anne G . Kramer , 128 Salem Drive Sabatino Maglione , 112 Valley View Road George W . Miller , 125 Valley View Road Chester Morgan , 108 Valley View Road Charles E . Ostrander , 142 West Haven Road Edward Strite , 111 West Haven Road W . Earle Tallmadge , 126 West Haven Road Dorna Virgo , 203 Tareyton Drive Richard Virgo , 203 Tareyton Drive Rhoda Weiss , 124 Christopher Circle Christina Wu , 111 Christopher Circle Representatives of the Media ABSENT : Victor Del Rosso , Councilman Robert N . Powers , Councilman ADDITIONAL AGENDA ITEMS Supervisor Desch announced that the following additional items would be considered at this meeting : Christopher Circle Drainage Warren Road Speed Limit Benefit Assessment for Developers Zoned Water Billings Summer Hours Intermunicipal Water Agreement Youth Program - Closing of Playgrounds SUPERVISOR ' S REPORT Sales Tax " As the appointed representative of the Tompkins County Municipal Officers Association , I am reviewing the sales tax print - outs for the previous year to see if there are accounts that need X07 Town Board Minutes - 2 - May 7 , 1979 to be audited from a distribution standpoint . If there are apparent errors the County Administrator will be requesting the New York State Department of Taxation and Finance to perform an audit . " Town Court " We now have the violations handled by our justices in Town Court published in the Ithaca Journal . This was a recommendation of the Traffic Study Committee and will serve as a deterrent to speeders who might otherwise be frequent offenders . I herewith assign the Town Clerk the job of making sure the Justices ' reports get to the Journal editor in time to be sure we have program continuity . " PICTURE ISLAND Mr . Stewart Knowlton , Groff Associates , appeared before the Board , as requested by the Board at its last meeting . With respect to the Picture Island sign at the East Hill Plaza , Mr . Knowlton asked for direction from the Board as to what he should do with respect to the sign at this time . Supervisor Desch read a letter dated April 13 , 1979 from Mr . Fabbroni to Mr . Knowlton with regard to the Picture Island sign and other smaller signs . Mr . Knowlton stated that he had removed the small signs the day after he received Mr . Fabbroni ' s letter . The Board then proceeded to consider the primary matter , the Picture Island sign ( on the photo kiosk ) . Supervisor Desch said the basic question is the matter of the roof . Is it a roof ? Mr . Knowlton said there is no doubt that it is a roof . If the sign were removed , the roof would leak . Mr . Fabbroni said , in answer to a question , that the sign ordinance says a roof cannot have a sign on it . Mr . Knowlton contended that he had distributed photographs of the building when the application for the sign was first made , and that at this time he is confused as to what to do . Councilwoman Raffensperger stated that if the sign is , in fact , part of the roof than it is illegal . If it is not a part of the roof , it is a sign and in that case it is a sign that is too big . Mr . Knowlton compared the - Picture Island sign , as a symbol , to others , such as the Pizza Hut , MacDonald ' s , Burger King , Howard Johnson . Councilwoman Raffensperger noted that the Town has required other national chains or regional chains to meet the Town ' s sign require - ments . She also noted that when the proposal for the entire East Hill Plaza site plan came to the Town: Board , the East Hill Civic Association appeared before the Board and , although they did not object to the service station , they requested that no variances be given for signs because signs were their greatest concern . Council - woman Raffensperger said ths:t - Mr. Knowlton - had ' -. stated - that no - variances would .-. be .= requested and the Town Board had given assurances that no variances . would be granted . She noted that one variance had already been given for the service station . She said she was concerned when the Board gives such assurances and then changes . ( Mr . Fabbroni noted that the variance was for a free - standing sing which advertised the price of gasoline . ) Mr . Fabbroni said that if the Board were able to make the decision that the upper part is not a roof that 13 square feet of sign would be permitted . He said it had been his consistent inter - pretation that the size of the sign is the area in which one would draw a rectangle to include the lettering . Councilman Raffensperger reiterated that if the sign is part of the roof , it is illegal , and if it is not it is a sign that is too big . She said if it is a sign then the whole structure is the sign , not just the lettering . fag Town Board Minutes - 3 - May 7 , 1979 Mr . Fabbroni said that if the lettering were moved down on the building , the sign would be permitted . Councilwoman Raffens - perger said that in that event she would not object to it . He noted also that the applicant would be allowed a free - standing sign of the same height right next to the building . Supervisor Desch , after further discussion , said that it appeared to him that the consensus of the Board is that the size of the sign , as shown , exceeds the size permitted by the ordinance , and that Mr . Knowlton should return at a later date and furnish the Board with an alternate proposal for the Picture Island sign . It was agreed that Mr . Knowlton would come again before the Board on May 21 , 1979 with an alternate sign proposal . CETA PROJECT 6028 - 79 - 096 COMPREHENSIVE PARK AND OPEN SPACE PLAN Mr . Fabbroni reported that originally eight positions were authorized in this project , and one position for Accountant Book - keeper Counselor ( CETA ) . There has been considerable turnover in the eight positions , only four remaining , so that five people out of the original positions remain . Because of a change that occurred in the regulations on April 1 after the program started , the Town is not allowed to hire new people in the same job classification at $ 3 . 60 an hour ( the original hiring rate ) . Therefore , the Town must establish four lower level positions . It is still possible that a directive from Albany will make it possible to hire people again at $ 3 . 60 an hour . Mr . Fabbroni said that in that event the resolution which he proposes and which follows here can be withdrawn . Mr . Fabbroni said that at this time he is requesting that four posi - tions of the labor - trainee classification be established . RESOLUTION NO . 75 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , WHEREAS , the Town Board of the Town of Ithaca has approved • Comprehensive Park and Open Space Plan , and WHEREAS , the Park Committee of the Town Board has developed • ten - year plan for implementation of the Comprehensive Park and Open Space Plan , including low maintenance level off - street play areas in each neighborhood , bikeways , and preservation areas , and WHEREAS , the Town of Ithaca has applied for and been awarded CETA Project 6028 - 79 - 096 for first stage development of Tareyton Road Park , East Ithaca Bikeway and Jogging Path , Eastern Heights Park , Northview Road West Park , and Salem Drive Park in accordance with the ten - year plan for implementation , and WHEREAS , CETA Project 6028 - 79 - 096 provides a total grant of $ 68 , 619 . 00 for eight workers and a project aide for a minimum period of time from March 26 , 1979 to September 30 , 1979 an d a maximum period of time without allowable extensions from March 26 , 1979 to January 26 , 1980 . BE IT RESOLVED . That four positions with the LABORER TRAINEE job classi - fication of the Town of Ithaca be created , contingent upon approval by the Tompkins County Civil Service and CETA Office . ( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye . Nays = none ) 2oq Town Board Minutes - 4 - May 7 , 1979 CETA PROGRAM - PROJECT ORIENTED WORK TOWN OF ITHACA HIGHWAY DEPARTMENT Discussion indicated there is a large pool of summer CETA money available for the three and a half months summer period . The money is available for project oriented work . It was agreed during the discussion that the most advantageous way, to use the money avail - able is in the Highway Department - - oiling roads , handhosing roads , clearing brush , clearing streams , and similar work . Actually , Tomp - kins County would make the application for the available funds . Mr . Fabbroni stated that it appears the Town will be able to employ five CETA people to do the work indicated in the previous paragraph . He said there are other tasks in the Highway Department which must be done which seem to be " never - ending " . Supervisor Desch , upon question from Mr . Aron , said the funds are available to public institutions and municipalities only , and not to private industry . RESOLUTION NO . 76 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town of Ithaca arrange for application by the County of Tompkins to the CETA Office for funds available for the employment of five CETA persons to do project oriented work , pri - marily by the Town of Ithaca Highway Department under this special three and one half months summer CETA program . ( McElwee , Freeman , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) ENGINEERING TRUCK ACQUISITION Mr . Parkin and Mr . Fabbroni outlined the need for a used pick - up truck in connection with engineering and highway projects . There is $ 5 , 000 . available in the budget for such a purchase . Super - visor Desch recommended that Mr . Parkin draw up the specifications for such a vehicle . He noted that it may not be necessary to bid since the truck sought is a used one . However , later , upon review , the Supervisor determined that bids would be sought . The Board is seeking a truck which burns regular gas . RESOLUTION N0 . 77 , 1979 Motion by Councilman McElwee , seconded by Supervisor Desch , RESOLVED , that the Superintendent of Highways is directed to pre - pare specifications for a used pick -up truck , make arrangements for the purchase of such a vehicle at a cost not to exceed $ 5 , 000 , and obtain final approval for such purchase from the Town Supervisor . ( Raffensperger , Valentino , McElwee , Freeman , and Desch voting Aye . Nays - none ) REFUND OF WATER AND SEWER ASSESSMENT Supervisor Desch reported that a refund in the amount of $ 20 . 08 is due to Robert Rightmyer , 1691 Slaterville Road , as the result of a duplicate payment for water for the same period . There - fore , the Town Board acted as follows : RESOLUTION NO . 78 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that a refund in the amount of $ 20 . 08 be paid to Robert Rightmyer , 1691 Slaterville Road , as the result of the customer having paid the January 1 , 1979 billing on March 29 , 1979 and again on April 1 , 1979 , which latter billing included the January 1 , 1979 billing . ( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye . Nays - none . ) I X10 Town Board Minutes - 5 - May 7 , 1979 It should be noted that the January 1 , 1979 billing amount of $ 20 . 08 ( $ 18 . 25 plus $ 1 . 82 penalty ) appeared again on the April 1 , 1979 billing because of the late payment ( indicated by the cus - tomer having to pay a penalty ) . NORTHEAST TRANSIT COMMITTEE REPORT - CONCEPTUAL FINANCING ARRANGEMENT Mr . Fabbroni distributed to Board members copy of North - east Area Transit Study Committee Final Report covering background , determination of need , routes and timetables , price structure , inter - municipal and private coordination , equipment , management and regu - latory constraints ; funding sources ; costs and levels of service ; Appendix A . Appendix B , Appendix C . and Appendix D . All this material is attached to the master copy of the minutes on file in the Town Office . Mr . Fabbroni and the Board reviewed this report and dis - cussed same . The main thrust of the discussion was that the Town Board , if it were to adopt a resolution in support of the concept presented , would do so contingent upon the other participants agree - ing to share the costs . RESOLUTION NO . 79 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that the Town Board hereby approves the Final Report of the Northeast Area Transit Study Committee and the budget proposed therein , including the contribution of the Town of Ithaca , such approval being contingent upon the allocation by the other major participants - - the Village of Lansing , the City of Ithaca , Cornell University , the County of Tompkins , and the involved apartment com- plexes - - of their share of the budget as proposed in the Report . ( Raffensperger , McElwee , Valentino , and Desch voting Aye . Freeman - Nay ) The motion was declared to be duly adopted . In answer to a question from Mr . Buyoucos , Supervisor Desch said this motion would become non - binding upon the Town of Ithaca should the other participants not make their budgeted allot - ment . Town of Ithaca funds would be part -Town funds if the Village of Cayuga Heights pays its share . Councilman Freeman stated that his negative vote was not based on opposition to the concept , but on the timing of the resolu - tion , he having recommended that the Town Board postpone action until it had information as to what the City of Ithaca would do . TOWN ATTORNEY REPORT The Town Attorney had no report at this time . REPORT OF HIGHWAY SUPERINTENDENT Mr . Parkin reported there is a mechanical problem with the Galion grader . State Equipment has looked at it and they have estimated that repairs to this piece of equipment could be as much as $ 6 , 000 . The Highway Department has repaired the equip - ment to the best of its ability and it still is operational . He said , however , that the Town Board should keep in mind that emer - gency repairs might be necessary on this equipment at any time and that it should be taken into account in the next budget . Supervisor Desch said that Mr . Parkin ' s recommendation has been noted . Town Board Minutes - 6 - May 7 , 1979 Mr . Parkin reported that the Highway Department is in need of an FM frequency radio , the type of radio which may be mounted in the various Highway Department vehicles . He said such a radio would cost approximately $ 600 . 00 . After some discussion , the Board acted as follows : RESOLUTION NO . 80 , 1979 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Highway Superintendent is hereby authorized to purchase a semi -portable FM frequency radio which may be mounted V n vehicles used by the Highway Department in the performance of construction and other work . ( Freeman , McElwee , Raffensperger , Valentino , and Desch voting Aye . Nays - none ) Mr . Parkin reported that he had hired an additional person for the Highway Department based upon earlier authorization by the Board . Mr . Parkin reported that so much material had been set out on May 7th , Spring Clean - Up Day , that all the pick - ups could not be accomplished on that day , that the Highway Department will continue to pick up material through Wednesday , May 9th . PERSONNEL AND SALARY SCHEDULES Councilwoman Valentino reported that she has had conversa - tions with Professor Edward A . Lutz , Cornell University , with regard to personnel and to salary ranges , job descriptions , etc . She recom- mended that the Board consider the appointment of a personnel com- mittee , who would work with people at Cornell University versed in these matters . This committee , after working with the people at Cornell , could then come back to the Board with recommendations with regard to the Town ' s personnel policies and salary ranges . RESOLUTION N0 . 81 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Board hereby appoints a Personnel Committee consisting of Councilman Del Rosso , Supervisor Desch , and Council - woman Valentino , with Councilwoman Valentino as the Chairwoman . ( Freeman , McElwee , Raffensperger , Valentino , and Desch voting Aye . Nays - none ) REPORT OF PLANNING BOARD CHAIRMAN Mr . Henry Aron , Planning Board Chairman , read his report , as follows : " l . The Town . of Ithaca Planning Board has met in regular session twice since my last report to you on April 9 , 1979 . " 2 . On April 17 , 1979 , the Board conducted a Public Hearing in the matter . of Preliminary Subdivision Approval consideration of proposed four - lot subdivision off Hayts Road , John D . MacLean , Developer , and resolved as follows : Town Board Minutes - 7 - May 71 1979 RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary subdivision approval for a four - lot subdivision off Hayts Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 41 . 2 , John D . MacLean , Developer , as shown on Subdivision Map presented this date entitled " Subdivision Map of Lands of John D . MacLean on Hayts Road " , drawn February 27 , 1979 , revised April 17 , 1979 , by Howard R . Schlieder , N . Y . S . P . E . & L . S . , subject to approval by the Town Engineer , subject to the approval of the Tompkins County Health Department , and contingent upon the receipt of a drainage plan for a 25 - year storm , and FURTHER RESOLVED , that prior to approval for Phase 2 of said MacLean Subdivision , the builder will agree to set aside land for future park or agree on payment in lieu of park land . Aye - Aron , May , Mazza , Bronfenbrenner , Schultz , Baker Nay - None . Carried unanimously . " 3 . On April 17 , 1979 , the Board heard a report from Mrs . Raffens - perger , Vice - Chairman of the County Planning Board , on the activities of the County Planning Board , augmented by Town Councilman Gust Freeman . " 4 . On April 17 , 1979 , the Planning Board discussed the proposed road swap with the County and resolved as follows . RESOLVED , that the Planning Board of the Town of Ithaca support and hereby does support the resolution adopted December 11 , 1978 , by the Town Board of the Town of Ithaca with respect to the exchange of the Town portion of Sheffield Road from Hayts Road to Town - line ( Iradell Road ) , ( approximately . 86 miles ) for the County portion of Renwick Heights Road ( approximately . 50 miles ) and the County portion of Judd Falls Road from Forest Home Drive to Route 366 . Aye - Aron , May , Mazza , Bronfenbrenner , Schultz , Baker Nay - None . Carried unanimously . The Chair directed the Secretary to transmit a certified copy of this Resolution to the Hon . Harris Dates , Chairman , Tompkins County Board of Representatives , with a copy to Mr . Frank Liguori and Mr . Noel Desch . This was done . " 5 . On April 17 , 1979 , the Planning Board reviewed once again the SEQR Short Form Environmental Assessment as adopted by the Town Board on April 9 , 1979 , and arrived at a consensus , being that the Planning Board concurs with the Town Board resolution of adoption of the Short Environmental Assessment Form and that the Form is appropriate and serves its purpose . " 6 . On April 17 , 1979 , Mr . Mazza , Chairman of the Planning Board Procedures Committee , reported that the Committee is proceeding in good fashion . l Town Board Minutes - 8 - May 7 , 1979 " 7 . The Planning Board met again in regular session on May 1 , 1979 , and conducted three public hearings , resolving as follows : A . In the matter of site plan approval for 20 ' x 20 ' addition to the rear of Judd Falls Wines and Spirits , East Hill Plaza - RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Site Plan Approval for a 20 ' x 20 ' addition to the rear of Store # 2 , Judd Falls Wines and Spirits , East Hill Plaza , Town of Ithaca Tax Parcel No . 6 - 62 - 2 - 1 . 121 . Aye - May , Stanton , Baker , Bronfenbrenner , Mazza , Schultz , Grigorov . Nay - None . Carried unanimously . It should be noted that the Planning Board concurred with the opinion of the Town Engineer that the matter of a 20 ' x 20 ' addition to a shopping center well in excess of 10 , 000 square feet of floor space does not require an environmental assessment . B . In the matter of the consideration of a recommendation for rezoning of approximately 1 acre of land from Business " C " and Residential R- 9 Districts to Multiple Residence District on Danby Road , known as the " Art Colony " - - WHEREAS , an application for rezoning has been submitted by Evan and Herbert Monkemeyer ; and WHEREAS , the proposed use would include multiple resi - dence use and art studio activities , thereby possibly requiring a variance from the Zoning Board of Appeals ; and WHEREAS , the Planning Board , after considering the matter at a Public Hearing on October 4 , 1977 , and reconsidering the matter at a Public Hearing on May 1 , 1979 , finds : 1 . There is a need for the proposed use in the proposed location . 2 . The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected . 3 . The proposed change is in accordance with a com- prehensive plan of development of the Town . NOW , THEREFORE , BE IT RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recom- ment to the Town Board and to the Zoning Board of Appeals , . should an appeal to that body be necessary , that approxi - mately one acre of Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 3 . 2 , Danby Road , on which . is located a residence , barn , and tenant house , known as the " Art Colony " , be rezoned from Business " C " and Residential R- 9 Districts to a Multiple Residence District and that a variance be granted to allow for art studio activities within the barn . Aye - May , Stanton , Baker , Bronfenbrenner , Mazza , Schultz , Grigorov . Nay - None . Carried unanimously . Town Board Minutes - 9 - May 7 , 1979 C . In the matter of the consideration of Final Subdivision Approval for a 9 - lot Subdivision backlot of Texas Lane and Siena Drive , Ivar Jonson , Developer - - RESOLVED , that the Town of Ithaca Planning Board adjourn and hereby does adjourn the Public Hearing being held this date in the matter of consideration of Final Subdivision Approval for a 13 - lot Subdivision backlot of Texas Lane and Siena Drive , NINE LOTS IN THE TOWN OF ITHACA , Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 9 , until May 15 , 1979 , commencing at 7 : 30 p . m . , at which time upon presentation by the developer of the following additional information , said Public Hearing will continue and a final decision reached . 1 . The plan shall show drainage courses as they will flow from the knoll along the highway right of way and along the lot lines for the three lots at the end of the cul de sac to the stream to the south . 2 . The plan shall show the exact location of the proposed roadway in plan view , particularly where it enters the proposed development from Texas Lane and a typical road cross - section showing material and width . 3 . Proposed monuments shall be distinguished from property pines . Aye - May , Baker , Bronfenbrenner , Mazza , Schultz , Grigorov . Nay - None . Abstain - Stanton . " DOG CONTROL LAW PUBLIC HEARING ( continued ) Supervisor Desch stated that the Dog Control Law has been discussed at great length on a number of occasions . A public hear - ing has been had ( April 9 ) , adjourned to April 23 , and continued at this date ( May 7 , 1979 ) . Upon question from Mr . Aron , Supervisor Desch noted there is a change in the final version of the Dog Control Law with respect to control of the dog . The former version indicated restraint by collar and leash as " control " . The present version in Section 2 ( a ) indicates that the dog must be restrained by an adequate collar and lease OR . . . " accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog . " These are the significant words . Mr . Aron inquired what the next step is after a dog has been found to be in violation . Supervisor Desch said that a complaint can be filed or the SPCA may be called . Mr . Aron said his concern was that the public should be protected and have some recourse in the event of a violation . . Mr . Brothers asked Mr . Buyoucos about a couple of sections in the law that were not clear to him with respect to the duties of the dog warden . Mr . Buyoucos answered these questions to Mr . Brothers ' satisfaction . Mr . Brothers also raised a question regarding Section 9 ( 1980 fees ) , whether it is advisable at this time to specify the fees since the Municipal Officials Association has established a committee to study the fees and is about to make recommendations in an effort to coordinate the fees and have recommendations pending . Town Board Minutes - 10 - May 7 , 1979 Supervisor Desch did not think it made sense to hold off on adopting the proposed Dog Control Law at this time . He said it could always be amended in the future , that the Board is open - minded on the fee structure . He noted also that the State is setting up schools on the new law to further clarify the matter . Motion by Councilwoman Valentino , seconded by Councilman McElwee , RESOLUTION NO . 82 , 1979 LOCAL LAW NO . 21 1979 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF ITHACA , TO BE KNOWN AS THE " DOG CONTROL LAW " AND REPEALING LOCAL LAW NUMBERS 1 OF THE YEAR 1976 AND LOCAL LAW NUMBER 2 OF THE YEAR 1978 . BE IT ENACTED by the Town Board of the Town of Ithaca as follows : SECTION 1 PURPOSE . The purpose of this law is to promote the public health , safety , and welfare of the community , including the protec - tion and preservation of the property of residents of the Town and its inhabitants , and of the peace and good order therein , by regulat - ing and controlling activities of dogs within the Town of Ithaca and providing for enforcement thereof . SECTION 2 PROHIBITED ACTS . Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Ithaca shall be in violation of this law if such dog : a . Is not restrained by an adequate dollar and lease when not on the property of the owner or any other per - son harboring or having custody or control of the dog , or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog . b . Engages in such habitual or continued barking , howling , or whining so as to cause a person ' s rest to be broken , his sleep to be interrupted , or the reasonable use or enjoyment of his home or property to be otherwise interfered with , disturbed or diminished , or that causes a person to be otherwise harassed , annoyed or disturbed . C . Causes damage or destruction to property , or defecates , urinates , or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog . d . When not on the premises of the person owning or harboring such dog , chases or otherwise harasses any person in such a manner as reasonably to cause intimi - dation to such person or to put such person into reason - able apprehension of bodily harm or injury . e . Except when it is on the premises of the owner , or other person harboring or having custody of the dog , where it is usually harbored , chases , barks at , leaps on , or otherwise attacks any ( i ) bicycle , motorcycle , motorwagon , carriage , or any other vehicle or device used by persons for travel or as a conveyance , or any riders or occupants thereof , or ( ii ) horse , including any rider thereon , or other animal . i I X16 Town Board Minutes - 11 - May 7 , 1979 f . Is unlicensed when six months of age or older . g . Is not wearing a current valid New York State dog license identification tag while at large , whether or not restrained by an adequate collar and leash . h . Is not redeemed after notice of seizure is given to the owner within five days of such seizure . SECTION 3 ENFORCEMENT . The dog control officer of the Town of Ithaca , or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may , administer and enforce the provisions of this law , and for such purpose shall have the authority to issue appearance tickets and/or , when authorized by law , to seize dogs , either on or off the premises of the owner or person harboring such dog , if witnessed by any of the aforesaid persons or officers to be in violation of this law . SECTION 4 FILING OF COMPLAINTS . Any person who observes a dog in violation of any acts prohibited by this law , may file a signed complaint , under oath , with a Town Justice of the Town of Ithaca , or with the authorized dog control officer , or with any peace officer , specifying the objectionable conduct of the dog , the date thereof , the damage caused , or the acts constituting violation of this law , and including the place or places where such conduct occurred and the name and residence , if known , of the owner or other person har - boring such dog . Upon receipt of such a complaint the authorized dog control officer or peace officer receiving such complaint shall transmit same to the Town Justice . Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog , or the owner thereof or other person harboring such dog , the Town Justice may issue a written summons directing the alleged owner or other person harbor - ing said dog to appear in person before him , if such person does not appear , the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed . SECTION 5 MINOR OWNER : RESPONSIBILITY OF HEAD OF HOUSEHOLD . If any dog in violation of this law is owned by a person under 18 years of age , the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law . SECTION 6 PRESUMPTION . The fact that the dog is in . violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog . SECTION 7 PUBLIC COOPERATION . No person shall intentionally hinder , resist , or oppose the authorized dog control officer , peace officer , or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law . j7 Town Board Minutes - 12 - May 7 , 1979 SECTION 8 PENALTIES . A violation of this law shall constitute a violation as the same is defined in the Penal Law of the State of New York , and shall be punishable by a penalty of not more than $ 25 . 00 for the first violation , not more than $ 50 . 00 for the second violation , and not more than $ 75 . 00 for the third and all subsequent violations , or by imprisonment for a term not to exceed five days for each violation . These penalties shall be in addition to any other penalties provided by law . SECTION 9 LICENSE FEES . 1 . The following fee schedule for the licensing of dogs in the Town of Ithaca for the year 1979 is established : a . For male and spayed female dogs , $ 4 . 00 , b . For unspayed female dogs , $ 7 . 00 . 2 . For the 1980 dog licenses the following fee schedule is established . a . For spayed or neutered dogs , $ 5 . 50 , b . For unspayed or unneutered dogs , $ 10 . 50 , c . For purebred licenses as follows .a i . for 10 dogs or less , $ 25 . 00 , ii . for 11 - 25 dogs inclusive , $ 50 . 00 ; iii . for more than 25 dogs , $ 100 . 00 . 3 . The fee schedule contained in subsection 2 above shall be effective for years subsequent to 1980 unless amended by local law , or ordinance , or resolution of the Town Board , enacted in the j same manner as an ordinance . 4 . In addition to the license fees set forth above , the Town Clerk of the Town of Ithaca shall continue to collect the research fee and the tag fee for each dog license as and when re - quired by state law . SECTION 10 REPEAL . Local Law Number 1 of the year 1976 and Local Law Number 2 of the year 1978 are hereby repealed effective on the effective date of this Local Law . SECTION 11 VALIDITY . If any section , paragraph , subdivision , clause , phrase , or provisions of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . r SECTION 12 EFFECTIVE DATE . This law shall take effect immediately . ( McElwee , Valentino , Raffensperger , and Desch voting Aye . Freeman voting Nay . ) Councilwoman Raffensperger asked Councilman Freeman why he had voted against the law . Councilman Freeman said he thought the law is discriminatory between a dog owner and a cat owner ; that the fee structure is outrageous . He said he was glad , however , that control of the dog was not completely limited to collar and leash . Town Board Minutes - 13 - May 7 , 1979 PUBLIC INFORMATIONAL MEETING - SEWER SERVICE FOR VALLEY VIEW ROAD , WEST HAVEN ROAD , AND SLATERVILLE ROAD Supervisor Desch stated that the Town Board is considering sewer service for the above areas , for the following reasons : In the case of Valley View Road the Board has received a petition ( about a year ago ) . It became clear that the EPA funded project would be completed with sufficient local surplus in the authorized borrowing of $ 550 , 000 . There is now a sufficient surplus to do Valley View Road and perhaps a part of West Haven Road if the property owners want it . If there is sufficient interest , the Town Board will arrange for the designing and bidding of the work immediately to take advantage of a slow construction season . Supervisor Desch said that letters were sent to persons on Valley View Road , West Haven Road , and Slaterville Road who would be served if they wished the service . He said if persons in these areas did not receive a letter they would not be served . For those who received a letter and want the service , the sewer line will be installed if the bids come in within the $ 50 , 000 surplus the Town has available for this project . Supervisor Desch asked Mr . Fabbroni to read the names of the property owners who were sent letters . He asked those present to look at the map of the areas to be considered for service and indicate whether they are interested in the service . He stated that the cost on an annual basis would be $ 50 . 00 per unit , 100 feet of frontage being a unit . In addition , he said , there would be a usage charge of approximately $ 75 to $ 80 a year . He said it would cost the , homeowner about $ 12 . 00 a foot to hook up . Residents present indicated, their interest in having the service . Several property owners indicated that they are not in - terested in service but an inspection of the map revealed that they are beyond the area to be sewered . Several residents whose lots were not included in those proposed to be serviced asked if they could be included . Supervisor Desch said it would depend on the size of the interest , but he estimated that it would be three to five years before service could be extended beyond the areas indi - cated as part of the present proposal . He said if any persons have a critical need now , the Town Board and staff will be glad to look into it . However , should the cost of such extensions increase the present $ 50 . 00 sewer benefit charge on a Town -wide basis , it is unlikely that service would be provided . Supervisor Desch said he wanted to emphasize that no firm decision has been made to sewer the indicated areas . However , the Town will have the engineers ( Lozier Engineers ) proceed with the detail design and have them provide a cost estimate . Then some of the segments will probably be bid , but they will be bid in such a way that varying size portions extending out from the existing sewer may be done depending on the price per foot . This method will provide maximum flexibility . REPORTS OF COUNTY REPRESENTATIVES No County Representatives were present at the meeting to make a report . REPORT OF TOWN ENGINEER Snyder Hill Road Storm Sewer . Mr . Fabbroni reported that materials have been ordered and the work will begin when the culvert pipe is delivered . The work involves the steepest portion of the hill and the area judged to be most hazardous in terms of a place to work ,, or for children to wait for the bus , particularly in the winter time . Delivery of pipe is expected in two or three weeks . Town Board Minutes - 14 - May 7 , 1979 Sandbank Road Guardrail . Mr . Fabbroni reported that material cost estimates have about doubled on this project and said it - would be necessary to furnish the State with a revised cost estimate , since they pick up about 90 % of the cost of the materials . Town -Wide Park .Construction Program . Mr . Fabbroni reported that Mr . Ocello , Assistant to the Town Engineer , and Ms . Barbara Restaino , Town Planner , have been setting up this project . He said they have some good CETA workers who are accomplishing a great deal on this project . He urged the Town Board members and others to stop at the Town Highway Facility and note the furniture they have built or visit Eastern Heights Park site and see what is in motion in the way of clearing out areas and developing flat areas where neighbors can be together and children can be off the streets to recreate in many different ways . Christopher Circle . Drainage . ( Mr . Fabbroni indicated he was ready to receive questions from residents in the audience about this matter . ) Christina Wu , 111 Christopher Circle , and Rhoda Weiss , 124 Christopher Circle , said their main concern is that the natural drainage has been plugged up , that the water in the ditch backs up into the house drainage and will cause flooding of basements . Supervisor Desch said there are three basic problems . ( 1 ) relatively flat area , ( 2 ) maintenance program which does not cover the area adequately ; and ( 3 ) major drainage -ways which must be dealt with . Mr . Arthur L . Berkey , 128 Christopher Circle , noted that there are culverts under the . road which are blocked . Supervisor Desch said that should be part of the maintenance program . He said the Town hopes to improve the program not only on Christopher Circle , but in other areas of the Town . With the limited manpower the Town has had , this County has a substantial sum of money available to employ CETA crews for the purpose of project oriented work . The County will submit an application on behalf of the Town of Ithaca to make available a crew of five people to do precisely this kind of work . The Supervisor stated that the maintenance work will be done this year . The funding is almost assured . Supervisor Desch recommended with respect to major drainage - ways , that a representative of the area have a site visit with the Town Engineer and the Town Highway Superintendent in order to estab - lish what the needs are , what easements are required , and proceed from there . Supervisor Desch stated further that the Town is in the process of acquiring a strip of land at the west end of the play - fields in the Northeast School to construct an interceptor ditch . One of the residents said he had lived in the area since 1960 and for fifteen years there was no water .problem . However , he said with the construction of new houses in September of 1975 , they started to get water backing up from the creek . He said this began with the new construction on the southern extension of Black - stone Avenue . He said they feel there must be some connection . Mr . Berkey asked when the Town Engineer and Town Highway Superintendent would be making the site visit . Mr . Fabbroni indi - cated it would be within the next two weeks . Mrs . Wu and Mrs . Weiss agreed to act as spokespersons for the area and Mr . Fabbroni was directed to make an appointment with them for the site visit . Mr . Berkey recommended that the Town Board and the Planning Board look carefully at the development on Blackstone Avenue and consider what it is doing to the drainage situation . He emphasized that the Town does have a responsibility . Mrs . Weiss said the Town is creating a marshland where the stream is not flowing . Supervisor Desch said that is sometimes good , depending on where it is done . Town Board Minutes - 15 - May 7 , 1979 Mrs . Weiss said that the pond was done away with and that it should have been replaced and that the Town should have seen that it was replaced . Supervisor Desch said he agreed completely with her and that the Town is investigating that . Alternate Proposal on Speed Limit on Warren Road . Mr . Fabbroni said the Town had requested that the County forward a proposal : to the New York State Department of Transportation for a speed limit of 15 miles per hour on Warren Road , that the same request was made by the Parent Teachers Association to Mr . William Mobbs , County Highway Superintendent . Mr . Fabbroni reported that he had a communication from Mr . William Mobbs , Tompkins County Commissioner of Public Works , stating that the lower speed limit requested for Warren Road was not warranted , that the situation could be adequately handled by a crossing guard at that location . PUBLIC HEARING - 8 : 00 P . M . " ART COLONY " REZONING - MONKEMEYER Proof of posting and publication of notice of public hearing in this matter having been presented by the Town Clerk , the Super- visor opened the hearing . Mr . Evan Monkemeyer submitted plans for the Board to review . He said that everything is as it was before . The density has not changed . He said he had been working with Mr . Fabbroni to establish criteria for set - backs . The area of the " Art Colony " development is 1 . 38 acres , about 60 , 000 swuare feet . There will be considerable open space . Mr . Monkemeyer said that Mr . Fabbroni had not as yet seen the very latest plans . There are some other mechanical draw- ings which have not been developed yet . The space above the studios , which was a concern , has been framed in . Supervisor Desch asked if there were any persons present who wished to speak against the proposed rezoning . No persons appeared to speak in opposition to the rezoning . Mrs . Rose Monkemeyer said she remembered when the property was a farm ; that the present development is an improvement such as would not have been thought possible . It is a handsome building , well - lighted at night , and a very quiet area . She said she lived across the street from the " Art Colony " . Councilman McElwee inquired , since the plans are fresh off the architect ' s table , what plans the Planning Board approved . Mr . Fabbroni said the Planning Board approved the same site plan except that the exact location of the barn was in question ; that Mr . Monke - meyer was asked to revise the plan to show the exact location of the barn . Also , some of the additions to what is called the tenant house or " chicken coop " were not accurately shown on the original plans . The new site plan reflects those two changes principally . Councilwoman Raffensperger asked what else is needed to meet all of the requirements which have been negotiated . . Mr . Fabbroni said a complete set of drawings for the barn and floor plans for the tenant house are required . Further discussion revealed that it would be necessary to have a definite zone description , showing metes and bounds of the area proposed to be rezoned , including a beginning point of reference . Mr . Evan Monkemeyer was advised that any surveyor could advise him as to what is required . Mr . Monkemeyer agreed to furnish what the Board required at the next Board meeting ( May 21 ) , and the Board acted as follows : Town Board Minutes - 16 - May 7 , 1979 RESOLUTION NO . 83 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that this public hearing is hereby adjourned until May 21 , 1979 at 7 : 30 p . m . at which time the developer of the " Art Colony " , Mr . Evan Monkemeyer , will furnish the Town Board with a metes and bounds survey of the parcel proposed to be rezoned , including a reference point of beginning . ( McElwee , Freeman , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) WATER AND SEWER BENEFIT CHARGES TO DEVELOPERS OF SUBDIVISIONS Supervisor Desch said it has been a long standing policy of the Town Board to require developers to pay for the cost of water and sewer extensions to their subdivisions . It has also been a long standing policy that the subdivided lots in the improve - ment ( meaning with water and sewer pipes completed and in the ground ) would pay at the same benefit rate as if there were a house on the property . Developers have contended over the years that this creates a hardship for them , and several developers have asked the Town Board to consider a change in the benefit formula in recognition of the fact that development generally in New York State and the Ithaca area has declined considerably because of building costs . Supervisor Desch recommended that the Board give this matter some thought . He said he discussed this matter with Mr . Fabbroni , Town Engineer , and that it might be appropriate for a fixed period of time , perhaps three years after the completion of the installa- tion of the water and sewer lines , to assess benefit on an acreage basis rather than front footage ( except when a building permit is issued for a house on the property ) . Among other things , the Board would have to consider how much of an additional burden this modifica - tion might place on others in the Town and how many benefit units would be lost due to this possible change in Town policy . SUMMER HOURS - 1979 RESOLUTION NO . 84 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that summer hours for the Town office staff at 126 East Seneca Street , Ithaca , New York , shall be 8 : 30 A . M . to 4 : 00 P . M . , with one half hour for lunch , beginning June 4 , 1979 and ending August 31 , 1979 . ( McElwee , Raffensperger , Valentino , Freeman , and Desch voting Aye . Nays - none ) CLOSING OF SCHOOL PLAYGROUNDS - GLENSIDE AND NORTHEAST Supervisor Desch reported that a meeting had been held with " Gloria Howell , Councilwoman Raffensperger , and Robert Cutia ( Ithaca Youth Bureau ) regarding the closing of the Glenside and Northeast school playgrounds . The Youth Bureau has decided to re - instate these two playground programs , there is some funding avail - able to continue this operation . Supervisor Desch said that Mr . Cutia suggested that the Town Board should urge the School Board to make those sites available . Town Board Minutes - 17 - May 7 , 1979 The Town Board acted as follows . RESOLUTION NO . 85 , 1979 Motion by Councilwoman Raffensperger ; seconded by Councilman Freeman , RESOLVED , that the Town Board of the Town of Ithaca requests that the School Board , Ithaca School District , authorize use of school district facilities at the Northeast and Glenwood Schools for the Ithaca Youth Bureau summer ' 79 playground program , almost 200 chil - dren in 1978 , many from the Town of Ithaca , having participated in programs at these two sites ; FURTHER RESOLVED , that the Town Board authorizes the Supervisor to forward this request to Mary McGinnis , President , Ithaca School Board , with copy to Robert Cutia , Ithaca Youth Bureau . ( Freeman , Valentino , Raffensperger , McElwee , and Desch voting Aye . Nays - none ) INTERMUNICIPAL WATER AGREEMENT Supervisor Desch recommended that all Board members read again the Intermunicipal Water Agreement , in connection with the inclusion of the Village of Lansing . He . said the Board should con - sider acceptance of the draft contingent upon it being accepted and signed by the Village of Lansing , . after which the Town of Ithaca Supervisor would be authorized to execute the agreement . The draft in question is the December 5 draft . The Supervisor hoped that action could be taken on this matter at the next regular Board meeting . COUNTY BOARD OF REPRESENTATIVES VACANCY Supervisor Desch reported that Mr . Loran Marion has re - signed from the County Board of Representatives on April 26 , 1979 and that the Town Board will have to appoint a replacement for him by May 26 . Mr . Marion resigned for reasons of health . There are three interested candidates for the position : Councilman Gust L . Freeman , Henry Aron ( Chairman of the Town of Ithaca Planning Board. ) , and W . Earle Tallmadge , 126 West Haven Road . Councilwoman Valentino requested that the Board adjourn consideration of this matter for at least another week . She said she has been approached by other people from the area to be, repre - sented and they need another week to make a decision . In view of the fact that two of the Town Board members are not present at this meeting and the fact that the Board has until May 26th to fill the vacancy , the Board acted as follows : RESOLUTION N0 . 86 , 1979 Motion by Councilwoman Valentino ; seconded by Councilwoman Raffens - perger , RESOLVED , that this Board postpone , and hereby does postpone , con - sideration of an appointment to fill the present vacancy on the County Board of Representatives , resulting from the resignation of Mr . Loran Marion , until May 21 , 1979 , when this Board will meet again . ( McElwee , Freeman , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) Town Board Minutes - 18 - May 7 , 1979 TOWN OF ITHACA WARRANTS RESOLUTION N09 87 , 1979 Motion by Councilman Freeman ; seconded by Supervisor Desch , RESOLVED , that Town of Ithaca warrants dated May 7 , 1979 , in the following amounts , are hereby approved : General Fund - Town Wide $ 19 , 742 . 15 General Fund - Outside Village . . . . 3 , 630 . 84 Highway Fund 36 , 954 . 07 Water and Sewer Fund . . . . . . . . . . . . . . . . . 28 , 842 . 58 Lighting District Fund 197 . 58 Capital Sewer Projects . . . . . . . . . . . . . . . 401419 . 70 Park Capital Reserve Fund . . . . . . . . . . . . 51957 . 32 Federal Revenue Sharing 23 , 881 . 00 Anti - Recession Funds 4 , 810 . 62 ( McElwee , Valentino , Raffensperger , Freeman , and Desch voting Aye . Nays - none ) BOLTON POINT WARRANTS RESOLUTION NO . 88 , 1979 Motion by Councilman Freeman ; seconded by Councilman McElwee , RESOLVED , that the Bolton Point warrants dated May 7 , 1979 , after review , and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , are hereby approved in the amount of $ 37 , 773 . 11 in the Operating Account . ( McElwee , Valentino , Raffensperger , Freeman , and Desch voting Aye . Nays - none ) ZONED WATER BILLINGS Supervisor Desch stated that at the present time the Water Commission bills are printed by the computer and mailed about the first of each - quarter starting January 1 . In terms of Commission work load , he said , it means there are peak periods when meters are being read and other periods when meters are not being read . There is a problem in that meters are being read at a time ( six weeks prior to the printing of the bills ) and people in a transient com - munity are often confused ; they think they should receive a small billing and they receive a larger billing because the reading took place earlier when there was higher usage . What is being proposed now is that approximately one third of the users be billed the first . month of the quarter ( that would be the Village of Cayuga Heights ) ; the second month in the quarter ( the Town of Ithaca ) ; and the third month in the quarter , the other participating municipalities . For the Town of Ithaca this would be a great help , because in January the water bills and the tax bills are being collected at the same time . Under the proposed method , meter readings would be taken on the average of three to four weeks ahead of billing instead of six weeks , so there is a two to three week pick - up . The first thing to do at this time is to measure the cash flow to make sure money is available to pay the debt service in July . Supervisor Desch recommended that the Town Board give this matter some thought , since , if the new method is approved the first billing would go out on July 1 . I Town Board Minutes - 19 - May 7 , 1979 ADJOURNMENT The meeting was duly adjourned at 8 : 45 p . m . Edwar L . Bergen Town Clerk NOTE : Let it be noted that all Town Board members had due notice of this meeting and , further , that the media had 72 hours notice of the said meeting , in accordance with the Open Meetings Law .