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HomeMy WebLinkAboutTB Minutes 1977-05-09 ..1. TOWN OF ITHACA REGULAR BOARD 1 FETING May 9 , 1977 ° 5015 p . me At a Regular Fvieeting of the Town Board of the Town of Ithaca , Tompp kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 9th day ` of Mayo 1977 , at 5015 p . m . , there were PRESENT ° Walter J . Schwan , Supervisor Noel Desch , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT . James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer/Building Inspector Robert Parkin , Highway Superintendent Liese Eronfenbrenner , Planning Board Chairwoman Eva Hoffmann , Planning Board Beverly Livesay , County Representative Henry W . Theisen , County Representative Walter Wiggins , Attorney for Ceracche TV John Gault , Vice President , Corporate Development , American Television and Communications Corporation Ivar Jonson , I . J . Construction Co . Robert Mi. lier , I . J . Construction Co . Charles T . Currey , Attorney , I . Jo Construction Coe Arthur to Berkey , 128 Christopher Circle Al Cappucci , 205 Christopher Lane Ellie Dykema , 5 Sandra Place Rose K . Goldsen , 330 Uris Hall , Cornell Univer ° sity Henry E . Hilker , 275 Burns Road 1.17illiam Hilker , 275 Burns Road Ted Hughes , 210 Kelvin Place Joan Klune , 104 Brandywine Drive Paul L . Hartman , 132 Pine Tree Road Anna °Lore Moratz , 208 Christopher Lane Harlin R . 14cEwen , 4.22 Winthrop Drive Pat Ostrander , 1460 Hanshaw Road Sharon Staz , 117 King. Road , East Edgar J . Ruthig , 209 Christopher Lane Lucille Ruthig , 209 Christopher Lane Lara Stanton , 2 Sandra Place Mary McGinnis , 3 Strawberry Lane John Jarrett , VITKO Phil Lerman , Ithaca Journal J . Casn er -L'otto , WHCU Marcia Lynch , WTKO ABSENT * Andrew W . McElwee , Councilman MINUTES Councilman Raffensperger noted that the minutes of September 13 , 1976 ( on p . 7 ) should indicate that the Town Board recommended to the Planning Board that no more than one curb cut should be permitted for the proposed vaaiety store and mini gas station at the corner of Judd Falls Road and Ellis Hollow Road * and that the minutes of Novem- ber 4 , 1976 ( on page 4 ) should be corrected to indicate that revenue Town Board Minutes - 2 - May 9 , 1977 from sales tax monies which will be received in April of 1977 might be added to revenue sharing monies to help hold down the Bolton Point water benefit rate . Motion by Supervisor Schwan * seconded by Councilman Desch , RESOLVED , that the minutes of October 11 , 1976 , October. 22 , 1976 , November 10 , 1976 , November 17 , 1976 , December 13 , 1 .0716 and December 31 , 1976 are hereby approved as submitted by the Town Clerk , and that the minutes of September 13 , 1976 and November 4 , 1976 are approved with the foregoing corrections as noted by Councilwoman Raffensperger. . ( Del Rosso , Raffensperger , Powers , Valentino , Desch and Schwan voting Aye . Nays - none . ) REPORT OF COUNTY REPRESENTATIVES Mr . Theisen reported that he has been receiving calls about the problem of the speed limit on Hanshaw Road , and he urged the Tovni Board to continue to pursue the matter . He said he would be glad to help the Town in any way working with the County on this matter . Mr . Theisen indicated his support of the proposed DeWitt Junior High School Recreation Site and he hoped the Town will act favorably on it . Mr . Theisen reported that the County Board of Representatives wants the Town in' its deliberations about the re - location of Rt . 96 to be aware of a8c +ess roads to the Hospital , the location of parking facilities , and the 'service lane that will have to be put in . A lot of money is involved in these decisions . ' The Hospital has no quarrel with respect to the Town ' s position on the re- location of Rt . 96 . REFUNDS ON WATER USE CHARGES The Town Board reviewed proposed refunds due on water use charges , refunds made necessary for various reasons , such as , over - estimates , over -billings , meter removals , failure to colrairanicate in - formation from the City to the Tompkins County Trust Company of the City of Ithaca to the Town , surcharge over -payments , human error , etc . Therefore , the Board acted as follows * Motion by Supervisor Schwan ; seconded by Councilman Desch , � �CALVED , that the following refunds be made to the following per - S was 3 Mrs . J . Herbert Bruckner 1018 Hanshaw Road $ 36 . 83 East Lawn Cemetery 934 Mitchell Street 2 . 36 Ronald S . Ronsvalle 628 Coddington Road 20 . 47 Roger Stout 1312 Hanshaw Road 11 . 04 Ralph E . Thcrpe 516 West State Street 19 * 53 O Town Board Minutes - 3 - Play 9 , 1977 Ithaca City School District 400 Lake Street $ 11 . 83 Richard Berggren 119 Williams Blen Road 44, 091 91 (Del Rosso , Raffensperger , Powers , Valentino , Desch and Schwan voting Aye . Nays - none . ) PERSONS TO BE BEARD Sharon Staz , 117 King Road East . Miss Staz reported the fact that 14r . B2onke eeyer wwho had petitioned the Town Board as far back as 1971 for a re - zoning of some 15 acres on the south side of Eust King Road , which property adjoins her property , has not to this date established a buffer zone around her property . At that time , she said ( 1971 ) it was spelled out quite clearly what he was supposed to do in terms of types of trees , how many feet they would be from her property line , how many feet on center , etc . miss Staz noted , fur - ther , that biro Monkemeyer had not fulfilled the requirements of the drainage ditch . The Planning Board had asked that he give them a time table or take care of the draULage problems before the Planning Board would proceed any further with the question of re - zoning his other property . It was agreed that the minutes of the Planning Board and the Town Board will be researched on this matter , and that , then , a let - ter will be written to Piro Monkemeyer advising him of the original conditions associated with the re - zoning , and advising him that the sense of the Board is that he will be required to construct the buf - fer zone between now and the next appropriate planting season ( Octo •m ber 15 ) and that , further , he will be required to do the drainage ditch work as originally contemplated , in accordance with the require - . ments recorded in the minutes . Motion by Supervisor Schwano seconded by Councilman Powers , RESOLVED , that Planning Board and Town Board minutes will be research- ed with regard to the re - zoning of the 14onkemeyer property ( some 15 acres ) adjacent to the Sharon Staz property at 117 East King Road , and that Mr . Monkemeyer will be advised that it is ' the sense of the Board that more than sufficient time has now elapsed for him to con- struct a buffer zone between his property and the Staz property be - tween now and the next appropriate planting season ( October 15 , 1977 ) and that , further , he will be required to perform drainage ditch work as originally contemplated in accordance with requirements recorded in ToYm Board and Planning Board minutes . ( Del Rosso , ^afensperger , Powers , Desch , Valentino and Schwan voting Aye . Mays o none . ) S4L!' il"Tq.!R HOURS Pori Orr, ICs STAFF 201ctlon by Supervisor Schwan ? seconded by Councilwoman Valentino , RBSOLVED , that beginning June 1 , 1977 and continuing through September 6e 1977 , the Town Offices will open at 8s30 A . P . and will close at 4Q* 00 .^ . M . , with a half hour for lunch . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) Town Board Minutes - 4 - May 9 , 1977 PAINTING OF CHRISTOPHER CIRCLE WATER TANK Supervisor Schwan reported that a letter dated April 25 , 1977 has been received from Lozier Engineers , Inc . in which they enclose a letter from Virginia Erection Corporation which outlines a new price for painting the Christopher Circle Grater Tank , $ 12 , 727 . 36 . In 1974 their price was $ 9 , 085 . Lozier Engineers recommended that the Town Board adopt a resolution adjusting the originally bid contract price from $ 9 , 085 . 00 to $ 12 , 727 . 36 . They indicated the $ 12 , 727 . 36 price is in line with bids they have received within the last two years on similar tanks . The sense of the Board was that the revised contract price is a reasonable one at this time . Councilman Powers , however , suggested that the Town Attorney should re -evaluate the contract in terms of legality . Motion by Councilman Desch ? seconded by Councilman Powers , RESOLVED , that this mown Board hereby approves the revised contract price of $ 12 , 727 . 36 for painting the Christopher Circle Grater Tank , provided the Town Attorney finds the contract format acceptable . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays : none . ) PERSONS TO BE HEARD Millis Hilker raised again the matter of the Town acquiring rights of way on Kendall and Pennsylvania Fvenus , lots of the old Ithaca Land Company which were subdivided and sold back in 18959 He said up to this time he has not been able to arrange a meeting 'with 1- r . Buyoucos , * himself and his attorney . The Board again urged that such a meeting should be arranged to resolve this matter . In the meantime , the files on the old Ithaca Land Company will be researched .`. OTTO SCHOENFELD RETURN OF STREET OPENING PERMIT - LEXINGTON DRIVE rZr . Fabbroni said that Lexington Drive has been restored to satisfactory condition and recommended that Otto Schoenfeld ' s $ 100 deposit .for street opening permit be refunded . Motion by Supervisor Schwanre seconded by Councilman Powers , RESOLVED , that based on the Town Engineer ' s opinion that Lexington Drive has been restored to satisfactory condition , Otto Schoenfeld ' s $ 100000 deposit for a street opening permit shall be refunded . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Ave . Nays - none . ) SALARY INCREASE FOR SCHOOL CROSSING GUARDS Supervisor Schwan noted again request for increase in salary for school crossing guard from Charles 0 . Weigand , Crossing Guard at Warren Road crosswalk . The School Crossing Guards are now receiving $ 110 . 00 per month of ; 1 , 100 . 00 per year . After a brief review of the hours involved and crossing guard salaries in other areas of the County , the Board acted as follows ° Motion by Councilman Deschil seconded by Councilwoman Raffensperger , RESOLVED , that Town of Ithaca crossing guards - ( 2 ) will receive , retroactive to May 1 , 1977 , the sum of $ 120 . 00 per month . ( Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nay - Del Rosso ) Town Board Minutes - 5 - May 9 , 1977 Councilman Del Rosso voted against the resolution only on principle . He felt that this type of decision should be made- at budget time when all other salaries are established and reasons set out therefor . Motion by Coucilman Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that henceforth salaries of Crossing Guards will be re - viewed annually at budget time , together with all other salaries , ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays eft one . ) REFUND ON CAMPBELL AVENUE ROAD IMPROVEMEENT - HAROLD Ea JONES Harold Ee Jones , 112 Campbell Avenue , has requested refund of a portion of his share of the cost of the improvement of Campbell Avenue . He claims he only has 95 feet of frontage ,_ . and should not be charged for the other 50 ft . After review , the Board determined that he is using 25 fto of the 50 ft . , and should have a refund for the other 25 ft * which he cannot use . Thekefore , the Board acted as fol - lows * RESOLVED , that Harold E '. Jones' , shall receive a refund in the amount of $ 51 . 95 based on a usobl. e frontage of 120 ft . on Campbell Avenue ( 120 ft . � 992 . 2 ft . total frontage = 12 . 1 % x $ 2 , 070 total cost = $ 250 . 47 . Original billing - $ 302 . 42 minus $ 250 > 47 = $ 51 . 95 refund . ) i This matter raised the question of how a right-of way might be removed from Piro Jones ' deed since there is no reason to retain the right-of -way any longer . Mr . Jones can use it but he cannot build on it . ?,,.,are Buyoucos said it would probably involve an abandon- ment proceeding ; that if the facts were given to him he would prepare an opinion. . He said it is a complicated procedure and depends on the situation . PUBLIC HEARING - 6 ; 30 p . m . ( Proof of posting and publica - , REVIEW OF PLAN FOR DE WITT JUNIOR HIGH SCHOOL RECREATION SITE Lion of notice of public hearing was presented . ) Mr . Fabbroni illustrated the site on colored dra<:inq and recited the background and history of the project . He delineated the boundaries of the site again and noted the various facilities that would be available . He covered such topics as topography , drainage , holding pond , etc . He noted that Bureau of Outdoor Recrea - tion funds would be available to support the project contingent on the facility being available to Town of Ithaca residents 50 .E of the tire . The cost of the facility is estimated to be $ 150 , 000 . It has been suggested that the Town of Ithaca contribute $ 301000 , the School District $ 30 , 000 , and the Villages of Lansing and Cayuga Heights $ 15 , 000 , making a total of $ 751000 ( the local share ) . Mr . Fabbroni at this time asked for public comment . Mrs . Joan Klune expressed concern over drainage and how it would affect Brandywine Drive . She did not think Brandywine Drive could stand much more water . Mr . Fabbroni said that less water than comes down now would come down that drainage path and he felt the holding pond and other drainage- measures would be able to contain even a flood of the proportions of last July . Mro Fabbroni then went into the mechanics of how the holding pond works . He noted that the pond will hold 3 million gallons of water . Mr . Al Cappucci asked if there was any other place for the water to get out , possibly Sandra Place . faire Fabbroni said there are already problems with the stream when one gets down to Mr . Lewis ' house . The area is being designed to put all the additional run -off to a retention area rather than add to the run- off of the stream . BOCES is now having problems with run-off and they have shown an Town Board Minutes - 6 - May 9 , 1977 interest in building retention ditches behind the building . They have added - a lot to the drainage problem since it was first encoun - tered . The work they have done makes the peak run-off a lot bigger and moves the water a lot faster downstream . Mrs . Klune asked why this was allowed . Mr . Fabbroni said part of the problem is that the Town has not the right of site plan review for the School . Supervisor Schwan noted that the School , District is exempt from zoning . Further , as soon as water is diverted from its natural course and flooding takes place downstream , the Town is liable for damage if it has diverted the stream . Mr . Arthur L . Berkey , 128 Christopher Circle , remarked that public hearings ought to be held at a later hour in order to give more people an opportunity to attend . He asked whether the School Board ha 's been asked whether closing De Witt is projected in the next five years . Mr . Fabbroni said he assumed when he spoke to the people at the School District they would have brought that up if it were the case . Mr . Berkey said two junior high schools have been built recently and now schools are being closed . Mr . Berkey said if there area is to be developed a lot of people will be pass - ing through there . He asked if there was going to be a supervision problem in that area . . Mr . Fabbroni said that the School Board , through their application to ' BOR , commits itself to minimal super - vision . They discussed the possibility of coordinating summer. activity at the site once it was usable . Mr . Berkey asked about supervision after school and on week- ends . He said he was concerned with safety on the week= ends and evening' s if that area is going to be used and if there were any specific ., arrangement for supervision . ( He did not appear to get a specific - answer to this question ) . fir . Berkey asked about parking , whether it was adequate if another group of people is brought in because of the development of this recreation area . Mr . Fabbroni said parking already exists , that the parking north of the School and along the drive is more than sufficient for the site . There was a question about who provides maintenance . Mr . Fabbroni said the School will provide general maintenance , but that they have asked the Town for a commitment to maintain the holding pond and the asphalt surfaces when needed as part of the continuing maintenance . Upon question Mr . Fabbroni said the multi -purpose area is 150 ft . by 360 ft . and it is intended for any kind of field sport . When asked what the School ' s percentage of use would be , he said they must commit themselves to less than 50 % . Mrs . Pat Ostrander , 1460 Hanshaw Road , asked where the devel - opment of this project left plans for the Tareyton Drive park . Mr . Fabbroni said in view of the activities discussed with regard to the DeWitt site , specifically the basketball court , tennis courts , etc . , it would clearly affect the activity intended for the Tareyton site and might eliminate them . Mrs . Ostrander said this would put them a couple of miles away from the nearest park area . Mr . Fabbroni said it would not eliminate the development of the Tareyton area , but the nature of the development would be different . Councilwoman Raffensperger said there is no doubt that the plans for the Tareyton site would have to be revised . The development of the DeWitt site does not mean that the Tareyton Road park will not be developed . Mrs . Ostrander asked where the Tareyton site would be in the priority listing . Tareyton has been in the works for years , she said , and the DeWitt development has come about only in the last year or so . Councilwoman Raffensperger said the nature of the Tareyton site might change , but it will not lower the priority . Mrs . Ostrander said this would mean there will not be any active play area in the upper Northeast . Councilwoman Raffensperger said she did not mean to say thato that the tennis courts were phased out because there were prob- lems . Mr . Fabbroni said there were problems with the parking . He qy Town Board Minutes - 7 - 15olay 9 , 1977 said the general answer to Mrs . Ostrander ' s question is that this summer the Tour will re-evaluate park activities , assign costs , set up priorities , and implement plans for those sites . The DeWitt site definitely was given the No . 1 priority . Firs . Ostrander said Devitt was given the No . 1 priority because of helping the School , She said she was in favor of the project , but that the School was getting top priority for something that the " rest of us have been waiting for for years . " Mr . Fabbroni said that although it will be some time coming , there are five or six acres to be allocated out of this area immedi - ately adjacent to Mrs . Ostrander ' s particular area . Tugs . Ostrander said , " I guess my child will be driving himself to where he wants to go by the time this comes . I am concerned about your priorities . " Mrs . Dykema asked what the proximity of the pond and the courts area is to the adjacent lot . Mr . Fabbroni said the court area nearest is 80 fto and the pond is about 60 ft . Mrs . Dykema said those areas . " right through there , I think , are the most beauti - fully natural right at this time and you know our hope was that if the development could be this way that we could preserve some of those lovely seedlings . There is dense ground in that area and you were thinking of a natural jogging trail . " Mr . Fabbroni indicated on the map the area to be developed as a trail , and he indicated the area which will remain natural . Mrs . Dykema asked if the pond could be ' used as a skating pond in the winter . Mr . Fabbroni said it could , and that that would have to be worked out in the neighborhood , . and would also be the School ' s liability . The purpose of the fence and gate is to avoid a disaster of the type of several years ago . Mrs . Dykema and Mr . Berkey raised the ques - tion of supervision : Mr . Berkey said , " I hope , as part of the plan , You provide now for maintenance and supervision . Otherwise you will have problems . If not supervised and if not maintained , it will be - come a problem area . That should be planned for now . We should con- tinue and budget for maintenance and supervision . Supervision is people , and people are dollars . " Harlin McEwen , 422 Winthrop Drive . Mr . McEwen raised the question about junior high school- Ad ds walking through his backyard in the morning and at night , and asked what provisions were being made to prevent children from going through his backyard and the yards of other people who live there . Mr . Fabbroni said the matter was not discussed because no one was aware of the problem . He said the School could fence the walk from Winthrop Drive to DeWitt Junior High School . Mr . - Fabbroni said the Town would look into the matter of fencing . Mr . McEwen said he was also concerned about the parking problem that has been generated by the use of the Northeast playground. . Air . McEwen said he was in favor of the parks and playgrounds but that they do creat problems . He said the adults who come to supervise ball games bring their cars and illegally park while the Northeast parking lot remains completely empty . Mr . McEwen said , " It seems ridiculous that somebody does not take the bull by the horns and arrange for the supervision of this whole area . I am concerned about it . Nobody worries about the Northeast playground . Once the school closes , nobody worries about it . When it becomes dark , the older kids bring beer bottles and beer cans and the younger kids get injured during the school day . There is no supervision in the evening . That is exactly what I fear is going to happen . There is a lot of differ- ence between this and Stewart Park where you have City police . You don ' t have that luxury with these park areas . I am in favor of the play area but I should think that the adjacent property owners should be given some real consideration when it comes to the whole plan . There should be normal ways to enter and exit this area and not through people ' s yards and some kinds of at least limited supervision or policing . " Mr . Fabbroni said again that the Town and School would look into the matter of fencing . Town Board Minutes 8 e May 9 , 1977 Mr , Fabbroni was asked to state clearly what the purpose of the pond is , He. said the main purpose is for drainage in the . peak rain storm or prolonged activity of heavy rain . That pond then would drain the developed recreational area as well as the existing drainage , and let out no more than could go through a 24 - i:'ch pipe , which is less than goes down now . It would go down through the creek which comes out Winthrop Drive . The dimension is roughly one acre . Upon question , Afire Fabbroni went over the costs again . The cost of the entire project is $ 1500000 . Half of that , $ 75 , 000 would be a grant and the .other $ 75 , 000 would come $ 30 , 000 from the 'Town of Ithaca $ 30 , 000 from the School District and the remaining $ 15 , OOO . from the two villages ( Lansing and Cayuga Heights ) . There was a question about whether the Village of Cayuga Heights would be. able to use the area freely . Mr . Fabbroni said it would be open to all after school activities were concluded , It will be used anytime after that ( by City of Ithaca residents for that matter . It would be the same as Cass Park or Stewart Park . " There is no toll gate when you go ' down there . " No other persons wishing to be heard , the Supervisor thanked the public for their comment and questions , and closed the public hearing at 7023 p . m . The sense of the Board was to defer decision and think about the matter further . PUBLIC HEARING e 7 ° 30 P . M . IVAR JONSON MULTI®FAfIILY DEVELOPMEM Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing . Vitro Fabbroni said the site of the proposed development is the approximate location of the proposed crosstown road and immedi - ately north of the Elderly Housing apartments . A1Lr . Jonson distributed colored drawings of the project * He indicated there would be carports . HA'a Fabbroni estimated the project is about 70 ft . from building to building ( Ellis Hollow apartments to the Jonson project ) , This takes up the entire tract that is presently zoned multi - farm-lye Mr . Jonson said there will be 101 units when the project is completed , but said he could not say at this time what the mix of one , two and three bedroom apartments would be . He said it would depend on what rents best Terse Bronfenbrenner said the Planning Board has approved the project . The main problem is ingress and egress and the buffer betro-een the project and Ellis Hollow apartments * She said agreement had been reached on that and that there would be a minimum of curb cuts to the proposed roads The artificial Breeders were worried about complaints due to odors , but the feeling was this would not be a problem . Councilman Del Rosso asked about construction schedule . kr > Jonson said the first phase would be 32 apartments , which he hopes to start this summer . The project , as a whole , will be completed j S n three or four years . He said he would like to construct the ones near the Ellis Hollola apartments first and plant trees to buffer the sound that might affect the Ellis Hollow, apartments in the rear . Councilwoman Raffensperger noted there is some open space and asked if that would be developed as play space . Tore Currey said there is a playground contemplated in the open area . Mro miller said it is about 40 -� 50 fwet by 30 feet wide , just a rough area for swings , slides and stairs to be used as an activity area for the children . Town Board Minutes 9 _ Play 9 , 1977 Mr . Fabbroni said there are no percentage of coverage require ® ments for multi - family zoning . It is based on side lots , rear lots , and front lots , and height of buildings . The layout , he said , fol � lows all the zoning requirements for a multi -family development . The open space is in the play area but the other oven space is the main part of the drainage scheme .' A 30 - inch pipe goes under the playground area and outlets into the creek which is a way of controlling the run- off because most of it drains to most of the second area . There is a diversion ditch which runs behind the apartments which this drain® age area limits . Mr . Fabbroni illustrated the drainage pattern on the drawing . Councilman Powers inquired about access and egress , and how the project is reached from Ellis Hollow Road . Mr . Fabbroni said the developer originally came in with five ways in and out . They will build a road from Ellis Hollow Road as far as required . That would be built to Town of Ithaca specifications . On one of the maps they show a profile of the road coming fairly flat from Ellis Hollow Road and the Planning Board requested that they cut this doifm to a maximum Of 5 feet . Originally they had 7 -°1 /2 feet . Plans for the project were how distributed to the public . Supervisor Schwan said there are 12 units to the acre . Councilwoman Raffensperger said she was concerned about all the cars that will come out of Ellis Hollow Road . Councilman Del Rosso asked if the road is superimposed on the loop road . Mr .: Fab- broni said it was but that it will be widened and the pavement will be upgraded . Councilman Desch asked about curb cuts that are now approved . He asked if they would be curb cuts on the loop road . Councilwoman Raffensperger said the road shown on the map is actually _ that loop road , and Councilman Desch added . . 9 superimposed on the same locations . Mrs . Livesay also voiced concern about the number of curb cuts , the general topography , traffic generated , and said all - of these things should receive close attention now before the project is built since the problems are much more difficult later on . Mrs . Livesay also said the Town Board must make some real decisions about what is intended with respect to the construction of the crosstown road . Mr . Berkey inquired about a walkway for the complex to the commercial area and also inquired about parking . Mr . Jonson said he did not have a right-of-way to go across the property of other people but said he saw no reason why people in the complex could not use the same walkway as the people from the Elderly Housing . With respect to parking he said there would not be much turnover in the evening and . " That is when you must plan for your maximum . °' Mrs . Livesay said with regard to parking at the project , the Board should remember if an apartment is rented to two students , each with a car , they will be using up the additional paking spaces , and when there are parties it will add to the load . Mr . Jonson said that with 145 parking spaces , and taking into account that not everyone is home at the same time , the parking space should be more than adequate . (Note For . Berkey ° s comment about evening parking , when the maximum would be required . ) Mrs . Eva Hoffmann commented that the large P & C parking lot in the immediate vicinity could be used as a last resort . Supervisor Schwan agreed since it is public parking . Pars . Livesay digressed at this point to discuss off -street and side- street pe?:°king in the Town in general and stated the Town should establish a policy in this regard . Town Board Minutes - 10 - May 9 , 1977 No other persons wishing to be heard , the hearing was closed at - 7o57 p . m . The Supervisor asked the Board if it would like to pur- sue the subject at this time . Councilwoman Raffensperger said she would like to review the minutes of the two Planning Board meetings on this project before making a decision . Councilman Powers was of the same opinion . Mrs . Bronfenbrenner said that of all the pro] e ; ts the Plan- ' ning Board has seen , this is the best < She said the main Problem was the curb cuts and that all of the changes that Mr . Fabbroni and the Planning Board have requested have been taken care of . She said in - put . had been received from 1r . Dusky , Manager of the Elderly Housing Apartments , from Artificial Breeders , and from David Cassel , Presi - dent of the East Ithaca Civic Association . The Planning Board also has a commitment from the developer to build a road from the southwest corner to Ellis Hollow Road according to Town specifications at an acceptable grade . Councilwoman Valentino echoed the opinion of Councilwoman Raffensperger and Councilman Powers that . when public hearings have been had and there has been a great deal of input , the Town Board ought ' io have that information before it when it makes a decision . She said the information received from Mr . Fabbroni and the Planning Board is adcurateo but it is still filtered. It was agreed this meeting would be . adjourned to May . 16 , 1977 at 5015 p . m * and that the Planning Board minutes regarding this pro- ject would be made available to the Board members prior to that time . PUBLIC HEARING ASSIGN14ENT OF CERACCHE TELEVISION] FRANCHISE TO AMERICAN TELEVISION & COMMUNICATIONS CORPORATION Proof of posting and publication of notice of public hearing in this matter having been presented by the Town Clerk , the Supervisor opened the public hearing . - Statement by Mr . Wiggins . " We gave the Board the basic information . This is a new company in the business of supplying cable signals . They are opera- ting in 30 states and have over 600 , 000 subscribers , and operate the Albany system . There are two questions . Are they competent ? Are they fiscally responsible? We hope you are satisfied that those things are indeed the case . " At the last meeting the Board requested information about the manne. in which the cable signal was delivered and paid for at the hospital and in the nursing homes . . C The new company will not Lea in the business of supplying sets --- only the signal , and what - ever arrangement the hospital chooses to make will be up to the hospital . The company will merely deliver the signal to the hospital as the Ceracche Company was delivering the signal to the nursing homes and on the same basis . " You asked about extension to the outlying areas , specifical - ly with regard to Poole Road . I think Mr . Gault should address that question . " Town Board Minutes - 11 - May 9 , 1977 Statement by Mr . Gault ,o " Gde propose a line extension formula where we will agree to supply television cable service to any area that is outside the pre ® sently served area of the cable system where 20 homes within a linear mile from the last pole ( shown on the map ) request service - - so there could be 30 homes within that linear mile - - or 40 or 50 , but as long as 20 homes request the service , it will be provided from that point on , and from that point on it will be an extension from which we would go another 20 homes . We think that is fair . In any event , because there seemed to be some contention , possibly about the Poole Road area where there is approximately one mile of system and 75 homes in it , we will build that extension , even without an official request or a for mal request from 20 homes in that area . [le think we will get requests from 20 homes , but we will extend in that area in any event , partly to show good faith on our part . That is our line extension formula and Poole Road will be constructed . That should resolve the last problem that could stand in the way of an assignment of this franchise . " Supervisor Schwan asked when the construction might be under - taken , and Mr . Gault said within six months after the assignment . P?r . Gault said the formula outlined above wilL be part of the franchise . Mr . Gault said further that where the density falls below 20 units per mile there will be an additional charge , but should the density rise to 20 in two years , the additional charge would be refunded in ratio to the number of total subscribers after the two -year period . Councilman Del Aosso referred to complaints about the quality of the signal in various areas . He inquired about the company ' s main - tenance policy regarding quality of signal and what method of periodic check-up is used . Mr . Gault said their overall policy is that it is better to put money in capital expenditures than to have service time in personnel . That is an integral corporate policy . Beyond that they operate on a heavy schedule of maintenance which is anticipatory in nature . The last step is to have the actual service operation in effect and a certain time of the evening they have one man on stand -by up to 10000 p . m . and after that an answering service takes the calls . The overall policy is to resolve every problem within 48 hours . That anticipates storm damage . Most of them ( the problems ) will be re - solved within six hours of the working day . Some take a full day . Councilwoman Raffensperger inquired about public access . Mr . Gault said their policy is to encourage and to foster public access . He said they would have SONY porto -pack . They will provide manpower and training for public groups . He said they have discovered in Albany , Reading , and Orlando that the way to be effec- tive is to provide equipment and training . Then it falls back on the citizens groups in the community to use what they make available - - time , equipment , manpower , and training . Upon question from R2r . Buyoucos , however , Mr . Gault said they did not have a specific pro- posal at this time , but they could put specifics down with respect to the number of pieces of equipment they would provide and the training they would provide in the use of . the . equipment . They could put an ad in the newspaper which would show when the training classes would be held on the use of the equipment furnished . He said , however , that since each community is different , they do not have a detailed plan . Mr . Buyoucos asked whether , if the assignment were approved and it is approved on certain conditions , they intended to submit something in writing relating to the conditions with regard to public access , mr . Wiggins stated that if conditions are offered , they should not necessarily be part of the assignment because they are not truly related to the two questions the Board is considering . The conditions could be put in the assignment but , he said , there is a certain elee ment of good faith . ATC have represented there is a public access Policy * Their line extension can certainly be made a part of this proposal , but public access is more complex . tZr . Wiggins said he Town Board Minutes - 12 - May 9 , 1977 hoped the Board would - see the fairness of imposing the line extension Policy in the approval , but not the public access policy . He said they have eleven municipalities , each of them with set requirements and demands to fulfill , the demands of their own citizens , and out of that understanding will come some kind of county policy which ATC trusts will neet the needs of the Town . He said if the Town insists , they would try to create something just for the Town of Ithaca . Mr . Buyoucos asked if the company had a Certificate of Con - firmation from Albany . Per . Wiggins said they cannot apply for that until they have approval of assignments from all municipalities . Pxr . Wiggins said that Ceracche TV , to the best of his knowledge , had such certification . He said . he could assume so because Ceracche has coun- sel in Washington which handles FCC an& the State Cable Commission requirements . He said Ceracche would have had to have it in order to get the rate increased in 1974 . The State Cable Commission would not have approved the increase if Ceracche did not have the certification . There was at this point some discussion of inserting a 15 -year determinate clause in the franchise . Mr . Gault said the company would welcome this , a determined life of the franchise . Mr . Gault said that when considering conditions and additions to the franchise , it is nec - essary to .be careful that they do not represent such a significant change that it ould be regarded as a new franchise . He said , however , that in the Very .. ne' ar future a 15 -year clause can be put in , Mr . Gault read a section of the franchise which indicated that in any event the franchise is terminable on 60 days ' notice , so that that term of years is insignificant . Mr . Buyoucos pointed out ,_ however , that it can only be 'terminated if certain conditions are met . Mr . Gault said they did not want the franchise to be terminabie . on cause . They would just as soon have a determined period of years and 15 years is satisfactory . There are other considerations which make it to the Public ' s advantage , the Town ' s advantage , and ATC ° s advantage . Ted Hughes , 210 Kelvin Place . Ur . Hughes said he represented a citizens interested in public access group , an ad hoc organization interested in starting public access broadcasting in the County . He asked Mr . Wiggins who he represented , ATC or others . Mr . Wiggins said his client is Ceracche Television Corporation and that he has been assisting the new company to the extent they need assistance and bringing them to the right places in the County . He said he is not their counsel . Mr . Hughes asked if he and his group could meet with Mr . Gault some time in the future to discuss specifics of the fran- chise as it relates to public access . lair . Gault said they could . Philip Lerman , Mecklenburg Road . Mr . Lerman asked about the extent of the manpower and SOPIY porto-packs which will be furnished . He asked if there would be one station set aside totally for public use , public broadcasting , a station set up whereby anyone in the com- munity who used the porto -packs could broadcast to the community . Mr . Gault said it was their intention to do just that . He said their ex - perience indicates that it may be slow getting off the ground . A lot depends on the interest of the community . He said Reading , Penn° sylvania is one of their more successful operations . There they have about four hours of programming a day . He said they have learned a lot about public access . If there is just a channel set aside , the only people who watch it will be the people who make the tape . To make it really function , he said , they have to make the channel en - joyable , so they try to produce programming that people will identify with . He said that experience will be brought to bear to make the channel in Ithaca identifiable ( or rather in the County ) . He said the overall answer to Ur . Lerman ° s question is YES , and , hopefully , the community will respond . He said he meant the community in the entire County , including the City of Ithaca , Cayuga Heights , Trumans - burg , etc . He said everybody should try to come in . because the Town of Ithaca itself could not support a public access operation . There are not enough people in the Town to support public access that is meaningful , } V , /00 Town Board Minutes - 13 - nlay 9 , 1977 Par . Lerman said he lived 12 miles out on the Psecklenburg Road and asked if within the first mile there are 20 people who are renting the cable an extension will be made . When Mr . Gault said yes , Mr < Lerman asked what would happen if the ` daisy- chains' breaks at some . point , if there is a mile gap , would that cut oaf the rest of the people . Mr . Gault said they would not do it on a " daisy-chain °° basis . He said they would look at the situation , and if , for example there was a population group three or four miles out , and if it were feasible to make the entire line extension at all , people who might not fall within the 20 people per mile formula would get the benefit of ATC reaching out . He said they are not so shortsighted as to think bf the extensions only in terms of the next mile out . Rose Goldsen , Elm Street Extension . Miss Goldsen said she represented Community Group on Public Access . She said her group wants the Town Board to view the cable as more than a high-*powered antenna . This is a technology , she said , which makes it possible for members of the total County community to get in touch with each other to broadcast , to raise consciousness about public issues . She said it is , essentiai that ATC put in tftrr'iting its plans to make access to the public , and make it a condition of the franchise or the trans - fer of the franchisee She said they must have special broadcasting facilities in various locations , such as the library , the Greater Ithaca Activity Center , - And other places' . She said the role of the cable should be redefined . It should not simply be a high-powered signal to bring in material from NBC , CBS , or ABC . On the other hand , she said , it should be converted into a true community facility . Mr . Wiggins said that although the company is willing to go on record that it will provide public access , the details of that public access should wait on what the community and observation by the company indicates as the best way to serve the community . Mr . Wiggins said he thought the company will go on record that they will provide a public access channel . Mrs . Goldsen , however , insisted that they should provide the details , and that her group would like to discuss the matter with Mr . Gault . Statement by Mr . Gaulto In the interest of time , let ' s go right to the heart of the issue . I don ' t see the cable TV system in this instance being pas - sive or as an antenna or booster per see One . of our functions is receiving television signals off the air . We are willing to make the additional effort to make equipment and manpower available for train - ing the community as a general term - - meaning County-wide area , and that would be for a minimum of two SONY porto-pack units which is similar to what we started with in Reading , Pa . , where the population base is over 1750000 people . Those are the specifics . We are also willing to use our experience in training people . It does not always come out to be the most professional programming you have watched . I°hese are ordinary people going out , saying what they want to say , hopefully within the bounds of good taste , and we will help and ad - vise , but , ultimately , and this is the key point , the responsibility for how that time is used is the community ' s responsibility , and in no way belongs in an agreement between the Town and the television company . That is between the community and itself . We are willing to make time and channel space available . We will make equipment and training available . That is all we should provide and will un - less you have some other specifics . Ms . Goldsen said her group felt facilities should be made available , for example at the library , so that they can broadcast direct without having to go to the studio . Mr . Gault said they are not prepared to create additional facilities within the community . It can be very expensive . They will help the community raise funds to do this . It is not something they want to do as a direct respon- sibility . He said they would not create broadcasting facilities in the library , schools , GIAC or other locations because it is too expensive . Town Board Minutes - 14: - May 9 , 1977 Mr . Gault said if they were to take on the library , schools , there might be no end to what someone might want because it was a good idea . He said there are a lot of good ideas . Why not the tele - phone company of the cooperatives ? Ms . Goldsen said those were very good ideas , but her group was not suggesting that there should be " no end to it0° . She said they are willing to sit down and discuss speci - , fics , but that this is not the time to talk it out . Aix . Gault agreed it could be done in a meeting , but did not think it proper at this time before the Town Board when they are asking for an assignment of the franchise to imply that in return ATC will commit something in the future they may not be able to fulfill . Under questioning by Councilwoman Raffensperger , Per . Gault reiterated what ATC would provide in the way of equipment , facilities , and training with regard to public access . Mr . Buyoucos asked Mr . Gault if he were saying , in effect , that ATC would agree to provide organization services without speci - fying them , except for the porto -pack and technical assistance , and that the community wiLl be expected to do the rest . Mr . Gault saiQ that is their position . Mr . Hughes recounted a poor experience with the Albany tele - vision operation in respect of public access . Mr . Gault said there had been a problem there , but that there is now a new manager in Albany . Mr . Hughes noted , however , that this is an example that should make the Town Board aware that such things can happen with the wrong people in charge and insufficient specifics on paper in advance . Mr . Lerman noted that two porto-packs are inadequate . Mr . - Gault - said they cost $ 5 ; 000 ' aiid " it isn ' t to be sneezed ato " He said the idea is to get startedo that it is in their interest to have the channel watched and to have people use it . Jill Casner-Lotto , 143 Chestnut Street . Ms . Casner -Lotto said there are various groups in Tompkins County who have some ideas with respect to public access . She wondered how ATC saw the program getting started . She said she did not understand ATC ' s time table about work- ing with all municipalities . Mr . Gault said they need to get agree- ment to have the franchise assigned and then they have a final con- tractual settlement between ATC and Ceracche and the documents. , which would include the assignments , would be submitted to the New York State Cable Commission . When those things have been completed , ATC would invite the various interested public access groups to a general meeting to organize the public access and prepare a set of rules and regulations . There would be discussion about the beginning equipment , discussion of setting up a mechanism time , scheduling , and that would be coordinated with the various groups to see if that worked . If it happened that more equipment and more time were needed , they would be willing to do that . Ms . Goldsen said that ATC ' s position puts the group or groups in the position of a supplicant . Ms . Goldsen said she wanted to call to the Board ' s attention the difference between Mr . Gault ' s position and her own . She said they do not want to be a supplicant requesting largess , but they want rights , duties , and obligations written into the contract , a reciprocal agreement . She said the Town Board should be sensitive to their position , to make them something more than sup- plicants . She said they want to be equal partners . There was a question about what arrangements are being made in regard to the Tompkins County Center for the Performing Arts which is a new facility in the area which will be presenting things for the people . Mr . Gault said they would be happy to try to work out arrange ments to tape some of the performances and have them on the cable system , if possible . sot 0 � v Town Board Minutes - 15 - May 9 , 1977 Mr . Berkey asked if ATC had any intention of raising the rate and whether the present Ceracche rates are comparable to rates ATC is charging in other areas . Mr . Gault said the charge in Albany is $ 7 . 00 per month . He said their charges in other areas are similar but not identical . Pair . Berkey asked if ATC could make a reasonable profit based on the present charges . Fir . Gault said they could . Fir . Wiggins said with regard to public access , to give assurance to the Board , the company will state that it will provide reasonable resources for public access to the Town of Ithaca . That is a policy statement , the details of which would be determined by the wisdom of the Board as the problems were presented to it . That is what ATC will try to do , that is , to reasonably respond to requests for public access . Councilwoman Valentino commented that her under - standing is that it is a requirement now that public access be made available . Mr . Wiggins agreed this is so . Pir . Buyoucos asked if Mr . Gault would be available in Ithaca for any further conversations . ' Mr . Gault said he is now located in New York City , but that he would leave his card with Mr . Buyoucos , and said he would be reasonably accessible . Councilwoman Valentino said she was interested in the chart in ATC ' s brochure which describes subscribers and potential homes . She asked if Mr . Gault had a general figure of how many homes , . what percentage it amounts to . She said it appeared to be 30 % of the potential subscribers . Kra Gault said ATC has built in total miles Of system in the last two years more than almost any other . three of the top . five cable companies combined , so that they are composed of a lot of homes just energized . Their overall penetration is between 40 % and 50 % . Councilwoman Valentino asked if Mr . Gault had a speci- fic figure for the Town of Ithaca . Mr . Gault said that Ithaca is about 55 % , a higher penetration than the average . No other persons wishing to be heard , the Supervisor closed the hearing at 99. 09 p . m . Councilman Desch said he would like to table the matter for additional study . Supervisor Schwan asked what additional informa- tion was needed . Councilwoman Valentino said she thought the Board needed time to evaluate the information . It was agreed to make the matter an agenda item for the meeting of May 16 , 1977 at 5 ° 15 p . m . Mr . Gault said ATC would provide the Board with a separate letter outlining their line extension formula and their public access policy , so that the franchise will not be encumbered by these items . In the franchise they will include a 15 year determined life , but this would not need to be in the letter . Mr . Gault agreed to have the letter available by May 16th when the Town Board will meet . CCN'11RACT WITH STEARNS & WHELER CITY OF ITHACA Supervisor Schwan reported that he and Mr . Fabbroni have met with the City of Ithaca and recommend the approval of the con- tract with Stearns & Wheler for Step 1 work to upgrade the City of Ithaca urban area sewer system . This would be approval of the gen - eral contract with the engineers and the dollar amounts involving charges for Step 1 work which includes the facilities plan , appli - cation , the negotiation of an agreement between Town and City , the infiltration inflow analyses for the Town of Ithaca , City of Ithaca , Cornell University , and Dryden . All these things have to be done , plus environmental summary , disposal site , outfall into the lake , etc . $ 47 , 312 . 25 represents the local share of Step 1 costs . Super - visor Schwan commented that at this point the City of Ithaca will bear the local share of the Step 1 work until such time as an agree- Imnt between the City of Ithaca and the Town of Ithaca would dictate apportioning those costs between the two municipalities . i _• ! wo / 03 Town Board Minutes - 16 - May 9 , 1977 Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Town Board hereby approves of the City oil Ithaca ° s Stearns & Wheler to perform Step 1 services in upgrading the Ithaca urban area sewer system and the total fee and la ^ a. l share associated with. that work , that is , $ 47 , 312 -> 25e ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) TOT-IN OF ITHACA WARRANTS Motion by Councilman Del Rosso ; seconded by Councilman Desch RESOLVED , that the Town of Ithaca warrants dated May 9 , 1977 in the following amounts are hereby approved . General Fund .� 35 , 609028 Highway Fund 10 , 924 . 74 Water and Sewer Fund 5 , 659960 ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) BOLTON POINT WARRANTS Motion by Councilman Del Rosso ; seconded by Councilman Desch , RESOLVED , that this Town Board , after review , and upon the recoramerida - tion of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , hereby approves the Bolton Point war - ' rants dated May 9 , 1977 in the amount of $ 861 . 23 in the construction account and $ 31 , 790 . 21 in the operating account . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) BALANCE OF AIGENDA ADJOURNED Motion by Councilman Deschro seconded by Councilman Del Rosso , RESOLVED , that the balance of the agenda be held over to the meeting on May 16 , 1977 . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) ADJOURNMENT The meeting was duly, adjourned at 9020 p . m . Edward L . Bergen Town Clerk