Loading...
HomeMy WebLinkAboutTB Minutes 1977-05-23 . rl3 TOWN OF ITHACA ADJOUR11TED BOARD MEETING May 23 , 1977 v 5 ° 15 p . m . At an Adjourned Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 23rd day of Play , 1977 , at 5015 p . m . , there were PIRESENTa Walter J . Schwan , Supervisor 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 Ivar Jonson , I . J . Construction Co . Robert 1-441ller , I . J . Construction Co . Charles To Currey , Attorney ( I . J . Construction Co , ' ' Walter J . Wiggins , Attorney , Ceracche TV HtNRy 074rowe /01 ulovAF A04we - R' $ a Jill Casner ®Lotto , Cr7YCU Marcia Lynch , T1TKO ABSENT ° Andrew W . McElwee , Councilman Noel Desch , Councilman DeTPUTT RECREATION SITE ,. Councilwoman Raffensperger said the Park Committee met last week and discussed all problems and objections of previous meetings with regard to the DeWitt Recreation Site . She said lira Fabbroni will consult with 3r . - Banner ( School District ) and attempt to work out some kind of solution to maintenance , supervision , fencing , etc . This matter will be placed on the agenda for the June 13 , 1977 Town Board meeting . IVAR JONSON TTJLTI �FAIILY DEVELOPMENT Councilwoman Raffensperger noted that this project does not comply with the Zoning Ordinance with respect to front yard space since some of the parking spaces are closer than 50 ft . to the road . Some of the parking spaces encroach on the front yard space . The closest is about 20 ft . It appears that some 22 parking spaces do not comply and Mr . Jonson has provided , in total , for 142 spaces which are 8 spaces more than required . Therefore , 14 spaces are question - able . as regards proximity to the road . Councilwoman Raffensperger noted also that Councilman Desch had raised the question of a pedestrian walkway and pedestrian safety . cat c roy j. 1 the school children walk from these unites to where they :7-.c picked up by the buses ? Mr . Fabbroni said the school trans iJ :��r.' w �ti on people did not specify where they would be picked up , but {- he.Y wonld pick up children who live more than 4 / 10 of a mile from ?a & achuol . Pjr . Fabbroni read from his notes with respect to a pedes - trian walkway , as followss i - " Sheet 7 shows a typical pedestrian circulation Pattern on° site . . " Access from Phase 1 to East 11111 Plaza will be via the Elderly Walkway . " If the Board sees a need , future provision for pedes - trian access should be tied to development of future stages . Specific arrangements for such 2nd more north- erly pedestrian access to East Hill Plaza would be far less complicated when plans for the remaining commercial icy Town Board Minutes - 2 - May 23 , 1977 land north of the dental clinic become more definite . In my opinion such a 2nd pedestrian walk is not needed for the 68 units most southerly on the site . " The Board then reviewed tax map with proposed Ivar Jonson I buildings superimposed and surrounding buildings also superimposed , with various distances marked . There was discussion of a 10 fte i easement or right-of -way over Groff Associates lands for a possible future walkway . Mr . Buyoucos said they could refer to this in a resolution approving the Jonson . development , but the only certain way of actually getting the easement is by condemnation . It can - not be made a condition of approving Mr . Jonson ° s project . The Board could say that while such a walkway is not now required , when this area is developed as a commercial area , then , at that time , this will be a condition which the Town will insist upon before the area is developed . In that way notice is being given and the owner should keep that in mind when entering into contracts . Supervisor Schwan said that when the balance of Mr . Jonson ° s units are constructed , and there is no easement and while the road is still a dead end no action is required . However , when and if Groff Associates come in with plans to be approved the right-of -way requirement would then come into effect if the road is extended : Mr . Buyoucos asked if it were a valid determination , that if the area is developed as commercial there should be a walkway . If the Town Board says that , then it has given notice to a lot of people that that determination has been made . Supervisor Schwan said the determination is valid if and when the road becomes more than a dead- end road . It was agreed that Groff Associates will be notified by letter that at some time in the future the Town Board may require a 10 ft . easement when the balance of the commercial area is develop- ed and if the road is extended . Groff Associates will also be noti - fled by registered letter at the point when Phase 3 building permit is issued to reconfirm the fact that the Town Board will require a walkway . But in any event , the roadway is still contingent on that road becoming more than a dead -end road . Mr . Buyoucos suggested that Mr . Fabbroni should prepare something in writing based on his understanding of what has been said at this meeting , and that he would then work it up in proper language . Councilwoman Raffensperger said the problem is to insure the safety of the people who will be living in the development . She asked if the plans now show all the things required by the Planning Board in its resolution . Mr , Fabbroni said they do . Supervisor Schwan noted there is still unresolved a motion tabled at the Board meeting of flay 16 , 1977 approving the Jonson project contingent upon Health Department approval of water pres - s-. - s . He recommended at this time that this motion be stricken (rain the records . Potion by Oupervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the motion made , seconded and tabled at the May 16 , 1977 Town Board meeting with respect to the proposed Ivar Jonson development is hereby stricken from the minutes ( Schwan , Raffensperger , Valentino , Del Rosso , and Powers voting Aye . Nays - none ) The motion to strike the tabled motion of May 16 , 1977 was thereupon declared duly adopted . Town Board Minutes - 3 May 23 , 1977 Councilwoman Raffensperger asked again about the parking . The Supervisor said it would be covered in a resolution of approval . Councilwoman Valentino asked if there was any provision for land- scaping apart from that for Phase 1 , that is , for overall landscap- ing . Mr . Jonson said ; not at this time . However , he said they do plan to landscape but cannot delineate exactly the locutions and kinds of plantings at this time before the buildings are built . They do expect to landscape attractively , Mr . Jonson said . Council - ' man Del Rosso considered this a reasonable position . Supervisor Schwan suggested tying a certificate bf occupancy based on satis - factory landscaping when Phase 1 is completed . Councilwoman Valen- tino said such a condition would be acceptable . Councilman Del Rosso asked if Mr . Jonson can , in fact , bring his lots within the 50 fto frontage requirement . If he can , it shuulc , be part of the resolution . It was determined there was sufficient space tore-arrange the parking to conform to the Zoning Ordinance and Mr . Jonson said he would work it out with Mr . Fabbroni and do so . After the discussion , the Board acted as follows : Motion by Supervisor Schwan : seconded ' by Councilwoman Valentino , RESOLVED , that the tvar Jonson proposed multi - family develop- ment of 101 units is to be constructed on some 8 . 73 acres immediate - ly east of the proposed Crosstown , road and immediately north of the Ellis Hollow apartments ( Tax Map Parcel 6 - 62 - 1 - 1 . 122 ) . That the Planning Board has recommended the approval of this project to the Town Board based on maps and plans dated March 31 , 1977 , submitted April 5 , 1977 , and revised maps and plans dated March 31 , 1977 and revised April 15 , 1977 , submitted April 19 , 1977 . That this ro ect is p j approved subject to the following con- ditions : ( 1 ) That the developer shall comply with the requirements set forth in Planning Board minutes dated April 5 , 1977 and April 19 , 1977 . ( 2 ) That the parking shall meet the requirements of the Town of Ithaca Zoning Ordinance and that the development will other - wise comply with the requirements of the Zoning Ordinance . ( 3 ) That satisfactory landscaping of the apartments for Phase 1 will be required before a building permit for Phase 2 will be issued , and if the landscaping of Phase 1 is not approved by the Te'v- 41i Board of the Town of Ithaca , a certificate of occupancy for Phase 1 will be denied . IT IS FURTHER RESOLVED : That Groff Associates , owners of the remaining undeveloped c�.�r?mercial property north of the dental clinic and west of the Ivar Uonson multi - family development , shall be notified of the Town Board requirement for a 10 ft . easement or right-of -way for a walkway to serve the future residents of the northenmost unite in the Jonson development through this parcel ( 6 - 62 - 2 - 13 ) . Such 10 fto easement or rightmof ®way must be granted prior to Phase 3 construction or at the time of site plan approval for the undeveloped commercial land aforementioned , whichever event shall first occur . ( Schwan , Raffensperger ; Valentino and Del Rosso voting Aye . Nay - Robert N . Powers ) The resolution was thereupon declared duly adopted . Town Board Minutes - 4 - May 23 , 1977 Councilman Powers explained that although he did not object to the development , he objected to being put in the position of approving a _ rather involved resolution without seeing a formal ver- aion prepared by the Town Attorney . He felt that the decision should have been deferred to the June 13th meeting which would have given the Board the opportunity to vote on a formal resolution prepared by the Town Attorney and couched in proper legal language . This again raised the question of the Town Board having the Planning Board minutes in hand prior to making decisions , and the matter of having formal resolutions prepared in advance by , the Town Attorney , after consultation with Board members . Both these matters involve certain problems which the Board will attempt to solve . ASSIGNr4ENT OF CERACCHE TV FRANCHISE TO AMERICAN TELEVISION & COMMUNICATIONS CORPORATION Councilwoman Valentino , as the ' Town ' s representative on the County Cable Commission , noted again that the Commission is advisory in nature only . She did say , however , that the Commission does have members , who either have a particular expertise or background in cable TV or have more time to devote to cable TV research than the Boards of the various municipalities do . She said that at their meeting on May 19th , it became clear there are a number of questions , concerning the transfer of the fran- chise by the various municipalities . Councilwoman Valentino recom- mended that the Town of Ithaca should not make a decision on the assignment until the Board ' s June 13th meeting , by which time the County Cable Commission will be able to make a joint statement . f1r . ErUggins said there was a certain urgency since they are aiming at a July 1 closing of the transaction between Ceracche TV and American Television & Communications Corporation . They must , however , have the approval of the New York State Cable Commission before that time , and they cannot get that approval until all the municipalities have agreed to assignment of the franchises . Mr . Tliggins noted that should this transaction fall through , the chances of finding another buyer with the financial stability and television expertise of ATCC is very unlikely . Supervisor Schwan said the Town Board ' s concern should be ( 1 ) the quality of the cable TV signal which the residents of the Town receive , ( 2 ) whether the rates are satisfactory ( and there has been no request for a rate increase ) , and ( 3 ) the stability and ex- pertiese of the company . He felt that a corporation like ATCC was much better qualified to meet these three requirements than an in- dividual owner . There was discussion and concern about where the responsi - b lity lies , with respect to public access programming , for trans - f_ting programs in good taste . Mr . Wiggins noted that this is a delicate and complex problem which can create difficulties , and even lawsuits , if it is not supervised by a responsible company . Mr . Tr'iggins said the manager of the station carries the responsibility of monitoring programs . After considerable discussion . which appeared to alleviate Councilwoman Valen ;: ino ' s concerns ( particularly with any diminution of services ) , and after agreement between the Town Attorney and Mr . Pliggins , and concurrence with the Town Board on some changes in the resolution of assignment prepared by Town Attorney Buyoucos , the Board acted as follows Town Board Minutes - 5 - May 23 , 1977 Motion by Councilwoman Valentino ; seconded by Councilman Powers , WHEREAS , (A ) The present franchise was adopted October 19 , 1966 , amended June 12 , 1972 , and December 27 , 1974 by agreement be - tween the Town Board of Ithaca ( herein " Town " ) and the present holder of the franchise who is Ceracche Television Corporation ( herein " Ceracche " ) , and WHEREAS , ( B ) American Television and Communications Corpora - tion ( herein " ATC " ) and Ceracche request approval of the assignment of the franchise to ATC . BE IT RESOLVED9 Section 1 . A . The Town consents to the assignment of this foregoing franchise to ATC but only upon the terms , provisions and conditions contained in this resolution . B . This resolution and the consent to the requested assign - ment shall be null , void and of no effect , and shall not be imple - mented , nor shall any action by anyone be taken in reliance thereon unless , within five days from the date of written or personal notifi - cation to Ceracche or their agent or attorney , ATC delivers to the Town a . statement duly acknowledged by an authorized officer of ATC that it . has accepted all terms , provisions and conditions of the resolution without qualification . Section 2 . The following are the terms and conditions on which the consent of the Town to the assignment is granted . IA . The existing franchise shall be amended after a ubli hearing ; which shall be called on due notice and affording due prof cess to Ceracche , ATC , and all interested parties . Such amendment shall be substantially in accordance with the provisions set forth in Paragraph " B `° below , and such franchise, as amended , shall be accepted by ATC . , � rotors B . Such franchise shall incorporate , substantially , the provisions of the franchises granted to Ceracche by the Village of 10 Vr Groton , dated January 14 , 1975 , and by the City of Ithaca dated Q February 7 , 1977 , except that ( i ) the schedule of rates charged to subscribers shall be those as shall be established by the Town and ( ii ) in the event of any inconsistency in the provisions and terms between the two franchises , the Town shall determine which provision and terms it will adopt . In any event , such franchise shall include the following provisions ° 1 . The duration of the franchise shall be for not less than 10 years and may include an option to ATC to renew for a period not to emceed 5 years , but any such option to renew which may be included in such franchise shall not be granted unless there has been a public hearing , duly called , affording due process to all interested parties , to review the circumstances at that time to determine the advisability and conditions of any renewal . 2 . The franchise shall contain all the provisions required by the New York State laws governing cable television and the rules , orders , and regulations of the State Cable Television Commission , and shall specifically include the requirements set forth in Part 595 , " Franchise Standards " , and the provisions of Part 596 , " Tech- nical Standards' , of Subtitle R ( " Commission on Television " ) , of the New York State Code , Rules and Regulations . 3 . Provisions shall be included for the extension of cable lines to areas not currently served . Such extensions shall be sub - stantially in accordance with Paragraph A on page 1 of the letter to Town Board Minutes - 6 - May 23 , 1977 Mr . Walter J . Schwan from American Television & Communications Cor � poration dated May 11 , 1977 ( a copy of which is attached to this resolution ) . 4 . Provisions shall be included for the number and type of channels , programs and services , which shall not be less than those now offered and shall also include adequate provisions for public access time , to meet the reasonable needs of the community , . on a specific channel and , in addition , ATC will make available cable- casting equipment , specifically two SONY portb�packs , and instruc- tion in its use to be available to all desired users in the area served by the Ithaca system , including the installation of wires in the County Public Library , 5 ., With respect to accounting procedures and audits , ATC agrees that whenever a rate increase is contemplated they will furn- ish such reports , books , audits , financial statements , and similar materials of the franchisee property certified from the date of the last previous rate increase to the next proposed rate 'increase on a County-wide basis . 6 . To the extent practicable , the Town shall cooperate with other municipalities . in adopting uniform terms , standards and pro - visions in the granting and formulation of this franchise . ( Del Rosso , Raffensperger , Powers , Valentino . and Schwan voting Aye . Nays - none . ) The resolution was thereupon declared to be duly adopted . The Town Board assured Councilwoman Valentino that the County Cable Commission has the Town ' s backing , and that the foregoing reso- lution in no way dilutes this support . ( See last paragraph of reso - lution . ) Councilman Del Rosso and the rest of the Board felt that now is the time for the Cable Commission to go to work on formulating uniform provisions for television franchises in Tompkins County , Supervisor Schwan urged the County Cable Commission to make available to the Town any recommendations with respect to modification of the present franchise before the Town Board holds a public hearing . Mr . Wiggins suggested inviting ATC people to attend the Tompkins County Cable Commission meetings . He said this could be beneficial to the television company and the municipalities it will serve , and save the Commission considerable time in pursuing certain matters . SUIMMER EMPLOYEE FOR PARKS Mr . Fabbroni recommended ( from among five persons interviewed ) Barbara Zimmerman Restaino as the best qualified person to implement the Town ' s park policy as delineated by the Park Committee . An am- cunt of $ 2 , 400 has already been authorized and appropriated for work on parks this summer . The Park Committee concurred in - Mr . Fab- broni ' s recommendation . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby authorizes the hiring of Barbara Zimmerman Restaino as a summer employee to pursue implemen- tation of certain aspects of the Town ' s Park Policy as delineated by the Park Committee . ( Del Rosso , Raffensperger , Powers , Valentino and Schwan voting Aye . Nays � none . ) u / / q Town Board Minutes - 7 - May 23 , 1977 TRANSFER OF OLD HIGHWAY BARN TO GEC.PGE J . ARSENAULT Motion by Councilwoman Raffensperger;seconded by Councilman Del Rosso , WHEREAS , following a resolution of the Town Board a public auction was held on the 28th day of June , 1976 , at which the highest bidder was George J . Arsenault who purchase the premises at such pub ° lic action for the sum of $ 105 , 100 , and WHEREAS , the title is about to be transferred to said George J . Arsenault or his assigns , BE IT RESOLVED . That the Town Board of the Town of Ithaca hereby confirms the sale of said property at such auction and authorizes the Town Supervisor in conjunction with the Town Attorney to take all steps and execute all documents which may be necessary to effect the trans - fer as aforesaid , ( Del Rosso , Raffensperger , Powers , Valentino and Schwan voting Aye . Nays - none . ) ADJOURNMENT The meeting was duly adjourned at 74. 35 p . m . / Edward La Bergen Town Clerk