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HomeMy WebLinkAboutTB Minutes 1974-12-09 TO!t'N OF I T HACA DeC c''mbcaar 9 , ]. 374 At a regular meek .ng of the Town Board of the, I :; h :: e4a e (^��4��>l: ir. s Counl:y , New York , held at the Tcwn of Ithaca A. ire? c t,s: 108 F; ,, ' GLe.,r Street , 1trac;a ; New yoz:k , on the 9th day of Decemb :x , 19 '� f� , at 5 s 00 p . m . , there were PRESENT : Walter J . Schwan , Superva. sot Andrew We McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman ABSENT . Noel Desch , Councilman ALSO PRESENT ° James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Engineer Barbara Holcomb , Planning Board Chairwoman Reynolds Metz , Assistant Building Inspector Robert E . Parkin , Town Highway Superintendent Beverly Livesay , County Representative J . R . Carpenter ; 337 Richard Place Anthony Ceracche , Ceracche Television Corporation Margery T . - Edsall , Ellis Follow Apartments Dooley Kiefer , 629 Highland Road Mrs . Dean Miller , 301 14aple Avenue Robert O ' Malley , 7 Dodge toad Hannah Slemann , 325 Winthrop Drive Irene Me Simendinger , 1028 Ellis Hollow Road Harry J . Simendinger , 1028 Ellis Hollow Road Stanley Tsapis , Attorney -at -Law Walter J . Wiggins , Attorney , Ceracche Television Corporation Robert Woletz , 1059 Danby Road Beverly Zimmerman , 301 r7aple Avenue Radio , TV , and Press APPROVAL OF 14INUTES Notion by Supervisor Schwan * seconded by Councilman McElwee , RESOLVED , that the minutes of October 7 , 1974 , November 7 , 8 , 15 , 1974 be approved , as presented . Unanimously carried . RE�APPOINTDI ENTS Motion by Supervisor Schwan * seconded by Councilman Powers , RESOLVED , that Edward L . Bergen be re -appointed Town Clerk and Cynthia L . Schoffner and Nancy Fuller be reappointed Deputy Clerks , all through December 31 , 1975 . Unanimously carried . Motion by" Supervisor Schwan * seconded by Councilman Powers , RESOLVED , that Peter K . Francese be re -appointed Chairman of the Zoning Board of ' Appeals through December 31 , 19750 Unanimously carried . Minutes - 2 9v 1. 97 €c Motion by Supervisor Schwan * seconded by Councilman Pr� rers , R76S01w7*vrEiDj that Edward N . Austen be re - apFointod wo t1ic of Appeals for the term beginning January 1 , 1975 tr► :sl , 1979 . UnSEVnimously c"..:ried . EENNILTTORTH PLANTING STRIP Larry Fabbroni , Town Engineer , reported that the work on the Rennilivorth Planting Strip has been completed by the landsca.par and that the work is satisfactory . He reported that the landscaper is asking for payment ( Bradley Landscaping Service ) . After soma C- bsc-lls - sion it was agreed that the landscaper could be paid if he wo?jld fury nisn in writing a guarantee that the plantings would be guaranteed for a year , when the guarantee is furnished payment will be authorized . MITCHELL STREET HAZARD Mr . Fabbroni presented a prepared memorandum outlining alterna � tives for correcting the hazardous situation on 1litchell Street which was discussed at the meeting of November 7 , 1974 . Of the four alter ® natives presented , he recommended alternative No . 1 , as followso A . Underground storm sewer approximately 200 feet in Town on the north side of Ellis Hollow Road . B . Provide walkway on resulting shoulder from entrance to Cornell ouarters to Vine Street ( about 435 feet ) on the north side of Ellis Hollow Road . Co Put up Stop Signs at Vine and Mitchell Streets . D . Mark Crosswalk at Vine Street . E . Put up School Crosswalk Signs as approved by the New York State Department of Transportation . IZr . Fabbroni said " the advantage of this alternative is that it provides the greatest use of existing sidewalk on south side of Mitchell Street in the City . A disadvantage , he said , was that school crossing at a new traffic control could be dangerous until the motor - ist becomes accustomed to the change . He recommended that a crossing guard should be considered , at least initially . Before making a com- mitment with regard to any of the alternatives the Board wanted to have in®put from the people in the community . Mrs . Zimmerman was ask- ed to take the material Mr . Fabbroni had prepared and discuss it with the people in the area and report back to the Board , in writing . DOG CONTROL ORDINANCE This matter was tabled to give the Town Attorney additional time to study the problem . i TRANSPORTATION - ELLIS HOLLOW ROAD APARTMENTS ® HOUSING FOR THE ELDERLY Supervisor Schwan read a letter dated November 6 , 1974 from Stuart P . Harse of Longley -Jones Management Corp . addressed to the members of the Town Board , requesting the assistance of the Board in helping to provide transportation service from the Elderly Housing complex to and from downtown . Ntre Harse said that there is 60 % occu- pancy at the Ellis Hollow Road Apartments at this time , and many of the tenants do not have a car or are no longer physically able to drive a car . He said the tenants feel isolated and the taxifare of i DeceYf;l r' :r 9 g 197 .�5 $ 1 . 75 is a hardship :for them . He enclosed a petition :ic� ned ';y 4l of thy'. roP3, . rdC'.'_" t s ? requesting b-as service . Supery vsor Schwan Ye-ad the agreement with Groff Associates , the original dev1.:A.ope Fj, as fol ° lows s a� ( 6 ) If the public transportation carriers do nt. sf:cp at the Project to pick up or dischaage passengers ? GROFF agrees to provide or arrange for adequate motor veh1cle transportation for the occupants to and from the Project and the downtown area of Ithaca . Any plans for such trans ° portation shall be submitted to the Town Board ( and/or the Supervising Agency ) for approval . The plan shall provide for such transportation as may be reasonably required by the Town and/or the Supervising Agency . The criteria shall ben whether or not there is a need for such trans ° portationt the available facilities , the cosy; to the Project , and the reasonable return from the Project avail ° able to the investors therein . " 1--4otion by Supervisor Schwan , seconded by Councilman McElwee , RESOLVED , that based upon the agreement with GROFF ASSOCIATES , the Town of Ithaca will write a letter to GROFF ASSOCIATES , enclosing the letter from Mr . Stuart Harse of Longley-Jones TVIanagement Corp . together With the petition from the residents for bus service , request ° ing that they furnish the Town of Ithaca with a letter outlining their intent in this matter . Unanimously carried . FREEDOIVI OF INVOIUATION PROPOSED RESOLUTION Supervisor Schwan furnished the Board members with a copy of a proposed resolution based on guidelines on public access to records . The proposed resolution was prepared by the State Committee on Public Access to Records under the " Freedom of Information Law " , effective September 1 ? 1974 . The Board had some concerns over the wording of the proposed resolution ° ( 1 ) whether the resolution encompassed the furnishing of maps which would be too large to handle effectively and ( 2 ) whether the 25 cent per page rate would really cover the time and expense involved ? particularly when the service included mailing out material . The resolution was tabled for further study by the Board members . SCHEDULING SPECIAL IIEET114G The Town Board agreed to schedule a special meeting on Decem- ber 16 , 1974 at 5000 p . m . for the purpose of adopting the bond resolu° tion on the increase in the maximum amount to be expended for the Bol ° ton Point Water Supply ProjectY to authorize the Supervisor to sign award contracts and change orders , to authorize payment to Lozier En° gineers , Inc . of $ 100 , 000 v ich they have requested , and a resolution with regard to the condemnation of the Bush Estate property . REPORTS OF TOTR.4 OFFICIALS Lawrence P . Fabbroni reported that 3 , 200 feet of road had been roughed out ( Bolton Point Road ) , and that it would be finished by Christmas time . He reported excellent cooperation from the Towns of Lansing and the Village of Cayuga Heights . Barbara Holcomb reported that the Planning Board has a pro ° posal from Mr . Robert O ' Malley to convert the old Dodd Hursing Home ? now Alpha House , to a restaurant ( Beaujolais ) . She reviewed a map of the area , It is presently located in light industrial , but the proposed use is commercial . The Planning Board resolution adopted at their meeting of November 19 , 1974 recommended that conditional approval be given to Mr . Robert 0114alley for the conversion of the MiMutes m 4 ° Decembcr 9 , 1974 Property known as Alpha House , 602 Elmira Road , previously ` .la Dod Nursing Home , to thn following uses . 1 . First floor restaurant- to seat approxiMately 50 patrons . 2 . Second floor to consist of six ( 6 ) rental. rouri not to include kitchen facilities . The Planning Board further recommended final approval for the proposed uses when the following conditions are met . 1 . A site plan showing all property boundaries and measurements for front yard , side yard and rear yard , and from back of house to back property line , be presented . 2 . When such site plan is provided it will be required that the building must be located at least 150 feet from the rear property line ; that no parking may be located in the required front , side and rear yards and that indication of a presently existing natural buffet area be shown . 3 . That evidence of :approval - from the " Tompkins Cou ty Health Department for water and sewer be submitted . Discussion followed indicating that ( 1 ) and ( 2 ) of the . con ° ditions for final approval , as above , have been adequately covered and that only the health department approval is still pending . Thered fore , the Town Board took the following action . Motion by Councilman .McElweea seconded by Supervisor Schwan , RESOLVED ., that the Town Board hereby grants Robert O ' Dialley condition° al approval for the conversion of the property known as Alpha House , 602 Elmira Road , previously the Dodd Nursing Home , to the following uses . 1 . First floor restaurant to seat approximately 50 patrons . 20 Second floor to consist of six ( 6 ) rental rooms not to include kitchen facilities . AND IT IS FURTHER RESOLVED , that the Town Board will grant final approval when evidence of approval from the Tompkins County Health Department for water and sewer is submitted . Unanimously carried . CERACCHE TELEVISION CORPORATION REQUEST FOR RATE INCREASE _ PUBLIC HEARING 6 . 00 p . m . Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing on the request of Ceracche Television Corporation for a rate increase from $ 5 . 00 to $ 6 . 00 per month on first installation of cable service and from 50 cents to $ 1 . 00 for each additional installation . Supervisor Schwan reviewed with the Board material prepared by Barbara Holcomb , Planning Board Chairwoman , on the TV franchise income accruing to the mown of Ithaca from July 1 , 1961 to the present , the history of rate increases from October of 1966 to June , 1972 , and some questions which might be put to Mr . Ceracche . Minutes 5 a Pe � rr . e..Lb :. � 9 , 1974 Per . Ceracche provided a map indicating where the TV cabL.: run at the present time . He was asked if he could furnish a figure indicating how much it would cost per mile to extend. cable . Mr . R . Carpenter said it would cost up to $ 5 , 100 per mile . Ba .� ,::d on T5fo jected cash flow over three years without a rate increase they would need about 122 subscribers per mile for 197 475 and 340 subscribers per mile in 1975 - 76 . With the rate increase the subscribers neec' ed per mile in the next three years range from 86 to 94 which is still high but much more reasonable . Mr . Wiggins emphasized the very rapid rise in cos ;-.. s , indicat ° ing the figures had even changed since he and Ya2r . Ceracche had appear ° ed at the last Board meeting , that they cannot adjust to changes a ' will as a private corporation can since they are subject to municipal boards and the State Cable Commission . Supervisor Schwan suggested that the depreciation figures are on the heavy side and asked if money is held in a bank account to be used to replace equipment and cable . P1r . Ceracche said no money is held for such purposes . The money used is borrowed money and , 1114r . Ceracche said , their borrowings are noir� in excess of $ 400 , 000 and at the current high interest rates . Councilman Powers said he thought the $ 6 . 00 rate was fair , based on what other cable companies are charging throughout the coup ° try , and was in favor of the rate increase , noting he had heard some very complimentary things about Mr . Ceracche ° s operation . He felt , however , that the franchise agreement left something to be desired and should be carefully examindd with a view toward its improvement , but that such re- examination did not preclude granting the request for an increase at this time . h1r . Wiggins said the franchise is a standard franchise used throughout the county and the fact that it had j not created any controversy indicated it was reasonably well construe ° ted . Piro Powers noted the Board had receive some complaints about " bad `° picture . Since there are no criteria with regard to " bad " or good " picture , IAr . Powers thought both the Town and Mr . Ceracche needed some protection in this regard before a complaint arises rather than after . Piro Ceracche said in January ( 1975 ) the Cable Commission will issue an official set of standards . P7r . Powers said those stan ° dards ought to be incorporated in the franchise agreement . 11r . ilm gins said he believed more and more one would see the State Cable Com° mission regulating cable systems and less and less municipal regula ° tion . Councilman Bel Rosso suggested that if Mr . Ceracche is not making sufficient profit at the present rate , it was possible he was not managing the business efficiently . Mr . Wiggins responded that if other TV cable companies throughout the State were able to furnish the service for less than the $ 6 . 00 requested it might indicate a lack of efficieni:y , but such was not the case . He said if the increase in rate were not granted , the Ceracche TV Corporation might not be able to afford to provide the service in the Town of Ithaca , because they could not jeopardize the other townships . He noted that the telephone company and other utilities have applied for and have been granted two or three rate increases during the course of the past two or three years . The Ceracche Television Corporation has not and they use the same kind of personnel , staff and equipment . Pair . Ceracche noted that if the Town of Ithaca grants approval they ( Cerracche ) cannot put it into effect until the State Cable Commission also ap- proves . Mr . Ceracche said he would provide the Board with the same information provided to the State Cable Commission . Mr . Wiggins said they would provide the Town Board with a copy of their application to the Commission . Supervisor Schwan urged a formula which would not leave the discretion entirely with Ceracche TV Corporation as to whether service could be extended and where . Dir . Ceracche said the State Cable Com- mission is working on a policy for low density areas , possibly an extra charge in such areas . Supervisor Schwan noted that the_ Town of Ithaca had dissolved all its water and sewer districts and had extend ° ed service where it was not economic in the particular area but was Minutes ° 6 December 9 , 1974 supported by the whole Town . Mr . Ceracche contenc'. ed he had gcni,,.a into low density areas , even underground , for people who needed se-ry Lce , Mr . Robert Woletz maintained that Mr . Ceracche has been bu ? ld - ing up subscribers without tremendous cost and that his x..rofit has not c' I'minished in all the years and that he ( Ceracche ) is presently making 1 $ 250 , 000 annually or more . He spoke in opposition to iihe rate increase No other persons wished to be heard and the Board , therefore , after closing the hearing , acted as follows . Motion by Councilman 111cElweer seconded by Councilman Powers , RESOLVED , that the Town Board of the Town of Ithaca hereby grants the request of Ceracche Television Corporation for an increase in the rate of first installation from $ 5000 per month to $ 6 . 00 per month and from 50 cents per month to $ 1000 per month for each additional installation`, subject to the grantingeof approval for such increase by the State Cable Commission , Unanimously carried . The Board emphasized , however , that considerable thought ought to be given to updating some of the provisions of the franchise agreement . REPORTS OF TOWN OFFICIALS Barbara Holcomb , Planning Board Chairwoman , reported that the Planning Board has given conditional final approval to the application of Longhouse , Inc . for cluster housing on Elm Street Extension . This development will be different from the Schickel and Beacon Hills developments . There will be no individual ownership . They will be shareholders and members of the corporation as a prerequisite for living there . They will pay rent for their unit which rent revenue will go back to the corporation ( themselves ) , The legal papers must be approved by the Town Attorney and they must get approval of the Health Department for their septic field . They will build in stages , one building at a time , the first building in the spring . Mrse Holcomb said the Planning Board had a request for a re - zoning on Pineview Terrace off Coddington Road . The Planning Board recommends that this request be denied . Since no formal request has come to the Town Board for a public hearing on this matter , the matter was not pursued at this time . The request was from Mr . Lee Knuppen® berg , Tars . Holcomb reported a request from Mr . Willis Milker that a parcel he owns between the railroad right of way and the City water - shed ( off Burns Road ) be zoned " agricultural " because access is very difficult and because the Health Department is not approving sand filter septic fields . The Planning Board felt this was a reasonable request , and will study other areas in the Town which should be re � zoned " agricultural " for the same reasons , since there is a burden on people who cannot use their land for housing . However , Mre Hilker ° s request will be tabled until the new Zoning Ordinance is completed . Mrs „ Holcomb reported that W . Burr Chase , Chase ' s Roadstand , Inc . , who purchased 15 acres of the old Marshall Farm is unable to procure canned goods for sale , such sale having been an approved use of his property . Therefore , Mr . Chase would like permission to hold an auction service on this property every other Friday . The Planning Board thought that the Zoning Board of Appeals should look into this request for approval and recommended the followings That a special permit be issued to Chase ' s Roadstand , Inc . to operate for a period of one year an auction service at the Marshall Farm site now occupied by Chase ' s Roadstand , Inc . The permit should be subject to review at the end of one year at which time particular attention will be given Minutes 7 December 9 , 1974 to the traffic generated by this operation and its impact on the surrounding area , particularly Hector Street . It is understood that outside storage of auction goods will be prohibited . The Planning Board suggests that every effort be made to establish the o.v. ic. in ,. intended wholesale food operation at this site and that the aucCioai service function be terminated as soon as possible . Mrs . Holcomb reported that A . L . Coggshall is interested in doing something with his parcel off the end of Eastwood Drive which also fronts on Slaterville Road . He has no firm plans at the moment . Should he desire to develop the land , he requested the Planning Board to advise him of the requirements they might have in terms of access . The Planning Board would like to have two means of access , that is , the present one could be used by extending Eastwood Drive and perhaps a second access off Slaterville Road could be required . The Slater ° ville Road access is a difficult one . The question is if the Planning Board should determine that a road needs to go off Slaterville Road , would the Town Board be willing to waive the requirement for a 60 ft . right of way and only require a 50 ft . right of way . The Board felt there was no problem in approving a 50 ft . right of way . REPLACEMENT OF TOOLS FOR HIGHWAY DEPARTMENT F1r . Parkin , Highway Superintendent , submitted a list of tools r which need to be replaced . The Board suggested asking Mro Morey , for - mer Highway Superintendent , if he wished to dispose of any of his tools to the Town . It these tools were not available , the Town Board had no objection to Mr . Parkin buying the tools needed and submitting vouchers to cover the same . NEW PICK°UP TRUCK Motion by Supervisor Schwano seconded by Councilman Powers , RESOLVED , that the Highway Superintendent prepare specifications for a new pick -up truck and advertise for bids on same . Unanimously carried . APPROVAL OF WARRA11TS igotion by Councilman Del Rossoa seconded by Councilman McElwee , RESOLVED , that the Warrants dated December 9 , 1974 be approved , as presented , in the following amounts . General Fund . p . . . . . . . . $ 11 , 363963 Highway Fund . . . . . . . . . . 7 , 067 . 47 Water and Sewer Fund . . . . . 10 , 155 . 82 Unanimously carried . REMOVAL OF TREE ON ORCHARD STREET Mr . Parkin reported that it appeared that a nor . Paul McKeegan authorized General Arborists , Inc . to remove an elm tree on Orchard Street ( in the Town ' s right of way ) . Mr . McKeegan received a bill from General Arborists , Inc . and turned it over to the Town for pay- ment . There was discussion as to whether this was a proper charge against the Town of Ithaca . Mr . Parkin said that normally the High- way Department would have taken the tree down and would not have hired another party to remove it . Minutes December 9 , 1974 The Board instructed Tyr . Parkin to look into the matter and make an estimate as to what it would have ' cost the Town to remove the tree and report beck to the Board on December 16 , 19740 REPORTS OF COUNTY REPRESE14TATIVES ;ors . Livesay inquired if " Reports of County Representatives " had been omitted from the agenda for some reason . Supervisor Schwan said it did not seem to be a useful item on the agenda any longer for several reasonsa ( 1 ) Town Board meetings already run to two and three hours , ( 2 ) attendance at the Tom Board meetings by the County Repre ® sentatives , apart from Mrs . Livesay , has been rare , and ( 3 ) frequently the reports from the County Representatives are reports " after the fact " . The feeling was that the County Representatives should be coming to the Town Board for direction and input on matters which are decided at the County level . After brief discussion it was agreed that " Reports of County Representatives " would be re ° instated as an agenda item , but that an attempt would be made to improve communica - tion between the Town Board and the County Representatives and to work out a method so that the Town Board would get more prior input so they would be in a position to give some direction to the County Repre ° sentatives for use at the County level . Supervisor Schwan noted that the Board was very pleased with Mrs . Livesay " s faithful attendance at Town Board meetings . Mrs . Livesay reported that the County Representatives are asking delegates from each of the local governments and agencies to get involved in the study of a County�Wid.e Youth Bureau . She reporters that a resolution came before the County Board two weeks ago with respect to pending State legislation to require the licensing of well -drillers ° The Town Board saw no objection to licensing well °drillers and there was some indication it might be well to do so . Mrs . Livesay reported there would be a public hearing on December 23 , 1974 regarding a contract with Mall Airways , which would provide flights to Albany , Binghamton , and Elmira . The Board appeared pleased with this development since transportation to these areas is difficult now . Mrs . Livesay reported there would be a public hearing at the County level early in the year ( 1975 ) to consider raising the amount of money people over 65 years of age may earn , to qualify for the 50 % exemption , from $ 5 , 000 to $ 6 , 500 . Pars . Livesay agreed ( even though she is not a member . of the County committee directly involved ) to look into the matter of New York State Electric & Gas Corporation ' s application to build a coal - fired plant , and whether the County was going to participate in this application . FLOOD CONTROL PROG.W4 It was agreed to have the Flood Control matter put on the agenda for the January meeting of the Town Board . ADJOURNMENT The meeting was adjourned at 7a45 p . m . The Board agreed to convene on December 16 , 1974 at 5x00 p . m . for a special meeting . Edward L . Bergen Town Clerk