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HomeMy WebLinkAboutTB Minutes 1983-10-19 TOWN OF ITHACA SPECIAL BOARD MEETING October 19 , 1983 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 19th day of October , 1983 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman Robert Bartholf , Councilman ALSO PRESENT : Mary Call , Board of Representatives Martin Sheridan , American Community Cablevision Ron Ronsvalle , 628 Coddington Road Representatives of the Media : J . C . McKinley , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . SCHOOL CROSSING GUARD Supervisor Desch stated that there were a number of additional items to be discussed tonight that are not on the agenda . Town Clerk Jean Swartwood reported that the School Crossing Guard at the Northeast School was nearly hit by a car on Monday of this week . Also there has been a continuing problem of cars speeding through the school crossing . The Town Clerk went on to say that the Sheriff has been called , however , the Sheriff cannot be there everyday to control the speeding cars . Mrs . Swartwood went on to say that she was asking the Board to petition the State to reduce the speed limit in the school crossing zone . Councilman Cramer questioned the possibility of petitioning the State to reduce the speed limit because of the handicapped that use the BOCES facility ? Town Engineer Fabbroni responded that it was not necessary to even mention the handicapped , the Board can just petition the State to ® reduce the speed limit . Councilwoman Kiefer asked if it was feasible to install lights ? Councilwoman Raffensperger noted that some school crossings have flashing lights on the school crossing signs . Supervisor Desch responded that the Board could request the County to install flashing lights . RESOLUTION NO . 147 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , 01 Town Board 2 October 19 , 1983 RESOLVED , that the Town Board of the Town of Ithaca hereby petitions the State of New York to reduce the speed limit in the school crossing zone at the Northeast School from 30 miles per hour to 15 miles per hour , and FURTHER BE IT RESOLVED , that the Town Board requests the County of Tompkins to install flashing lights on the school crossing signs . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . EASTERN HEIGHTS PARKING ® Supervisor Desch stated that he had received a letter from Robert Schwarting , Co - chairman of the Eastern Heights Association requesting the Town to enact a local ordinance banning overnight parking in the Eastern Heights subdivision . He went on to say that perhaps a public hearing could be held in January . Councilwoman Kiefer asked if the area of Eastern Heights was clearly defined ? She noted that the letter from the Association stated on or adjacent to streets in the area known as Eastern Heights Subdivision , Supervisor Desch responded that the area covering the Eastern Heights Subdivision was clearly defineable . LAND SWAP Town Engineer Lawrence Fabbroni stated that the Town owns a parcel of land on Seven Mile Drive where the Highway Facility is located . Millard Brink owns the land surrounding the Town ' s land . Mr . Brink has purchased a large piece of land on the north side of the Town ' s property and has proposed the swaping of a triangle piece of land , including the creek , for 2 . 24 acres of very usable land for the Town for stockpiling . If the Town every wished to use the triangle piece , now owed by the Town , it would be necessary to clear the land and build a bridge over the creek . Councilwoman Raffensperger stated that she remembered when the Town purchased the land for the Highway Facility and that there had been considerable discussions held with the owner of the property on the north side about buffering their property from the Highway Facility , Town Engineer Fabbroni responded that the lady who requested the buffering no longer lived there . Supervisor Desch asked if there was any chance that our water supply could be in jeopardy if the land is swapped ? Town Engineer Fabbroni responded no . Infact , I imagine Mr . Brink will dam up the creek at a later date . Our water supplied from underground . ® RESOLUTION NO . 148 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , Millard Brink wishes to exchange ownership of equal acreage in the amount of approximately 2 . 24 usable acres at the Town Highway Maintenance Facility at 106 Seven Mile Drive , and WHEREAS , it will leave both Mr . Brink and the Town of Ithaca with more usable acreage , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the Town Supervisor to : Town Board 3 October 19 , 1983 1 . Convey to Millard Brink the area bounded on the south and west by other lands of Mr . Brink and on the north and east by the centerline of a stream now on Town lands . 2 . At the time the above deed is delivered , a deed should be received and recorded from Mr . Brink to the Town for a 105 foot by 942 foot strip of land abutting the existing north Town property boundary . 3 . It is understood that Mr . Brink will clear hedgerow on the existing north Town boundary leaving only tree stumps for Town disposal . Councilman Kugler asked if Mr . Brink would bear the legal costs ? ® Town Engineer Fabbroni responded that each party will bear their own costs . He went on to say that if there is a need to have the land surveyed , each party will be responsible for their own survey . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . OTTO SCHOENFELD DEVELOPMENT Town Engineer Fabbroni stated that back in the late 1970 ' s the Town had approved a subdivision by the Latter Day Saints Church , for the east side of Lexington Drive , Now Mr . Schoenfeld is developing the west side of Lexington Drive , approximately 1000 feet long . All the work has been completed on the road except for the final surface treatment . Mr . Fabbroni stated that he would rather have the road go through a fall and spring before the Town accepts the road . Therefore , he was recommending that the Town seek a Letter of Credit for $ 7 , 500 , an insurance policy for $ 1 , 000 , 000 and a completion date of September 1 , 1984 . RESOLUTION NO , 149 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , Otto Schoenfeld , developer , wishes to obtain building permits for lots fronting on the western portion of Lexington Drive approximately 1 , 000 feet in length , and WHEREAS , by Town Law permits cannot be issued prior to acceptance as a Town Highway unless security sufficient to the Town Board is established , and WHEREAS , the best interests of the Town are served by the final surface treatment ( oil and stone ) being delayed into the 1984 construction season , and WHEREAS , the Town Engineer considers a sum of $ 7 , 500 more than sufficient to cover the expense of surface treatment in 1984 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of ® Ithaca authorizes the Town Supervisor to prepare an agreement for Town Board approval containing the following minimum provisions : 1 . A $ 7 , 500 Letter of Credit provided by Mr . Schoenfeld . 2 . Acceptance of the highway upon receipt of insurance policy in the amount of $ 1 , 000 , 000 covering developer activities on the highway . 3 . A highway completion date of September 1 , 1984 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . IVI Town Board 4 October 19 , 1983 BURNS ROAD Supervisor Desch noted that the ten points in the Statement of Intent on the Burns Road came about because of the recommendations of the Board of Public Works and the concerns of the Six Mile Creek Preservation group . The Town was then asked to prepare a Statement of Intent taking into consideration the points of concern of the Six Mile Creek Preservation group . STATEMENT OF INTENT RESOLUTION NO . 150 ® Motion by Supervisor Desch ; seconded by Councilman Cramer , The Town of Ithaca hereby requests that the City of Ithaca dedicate to the Town a highway right - of -way across lands owned by the City and formerly used by the City as a silt spoil area . The Town intends to use this right - of - way in order to permit the construction of a new alignment of the public highway known as " Burns Road " . Construction drawings and additional information concerning the design , environmental review , and landscaping requirements of this project are presented in the project ' s Final Environmental Impact Statement ( F / EIS ) , which is incorporated into this statement by reference . In exchange for this right- of - way , the Town will : 1 . At such time as this highway is completed , surfaced , and inspected to the satisfaction of the Town Engineer , and a suitable bridge across the Six Mile Creek has been constructed , the Town intends to abandon that existing section of Burns Road which is duplicated by the new highway . 2 . At the time of such abandonment , the Town intends that the right - of -way used for the old Burns Road be transferred to the City of Ithaca , which shall have the responsibility for whatever maintenance it deems appropriate . Hereafter , this right - of -way shall be referred to in this document as the " driveway " . 3 . It is the intent of the Town to , at its own expense , remove the old bridge across the Six Mile Creek , install a lockable gate across the north end of the driveway , and provide a permanent barrier across its south end . 4 . The Town intends to minimize the visibility of the 60 foot dam reservoir impoundment area from the surface of the new roadway ; the location and species mix used in revegetation will form an effective screen . 5 . The landscaping plan described in the F / EIS provides for the extensive revegetation of the project area with native and complementary species . The intention and effect of this revegetation will be to discourage access to the 60 foot dam reservoir impoundment area from the new highway . The Town in conjunction with the City will evaluate the success of this revegetation program at the end of two ® years and may recommend additional vegetation or other measures , if necessary , to accomplish the revegetation objectives . 6 . The new highway embankments will be too steep for parking . Parking will be further discouraged on the four foot wide shoulders through the adoption by the Town of a no parking ordinance . 79 It is the intent of the Town that this new highway not become a " racetrack " or " speedway " . To that end , the highway has a 50 mph design speed . The Town will apply to the New York State Department of Transportation for a 45 . mph posted speed limit . 89 It is the intent of the Town that all costs pertaining directly to the relocation of this highway , including but not limited i 9 � Town Board 5 October 19 , 1983 to surveyor ' s costs , engineering and attorney ' s fees , construction materials and equipment charges , and all costs pertaining to the transfer of the rights - of -way between the City and the Town shall be paid for by the Town . It is the understanding of the Town that all costs pertaining to the construction of the new bridge shall be paid for by Tompkins County . 90 It is the intent of the Town to include in the scope of work on this project the relocation of the intersection of Slaterville Road and Burns Road . 100 It is the intent of the Town to work in cooperation with the Superintendent of Public Works , the City Engineer , and any other ® person or agency the Common Council may authorize , in order to bring about the timely completion of this project as described . The scope of such cooperation shall include , but is not limited to , review and comment on the final design and construction plan for the highway . Councilman Cramer referring to point number 2 , questioned if the present road would then be left intact , with a hard cover ? Supervisor Desch responded yes , this will allow the City to get to their firing range , etc . Also , this is what the City requested . Councilwoman Raffensperger questioned if there is anything in the Statement of Intent that would significantly increase the cost to the Town ? Supervisor Desch responded no . Councilwoman Kiefer referring to point number 8 , questioned why the City was not sharing the costs ? Supervisor Desch responded that the cost would not be shared because the Town made the request . Usually the requestee pays all costs . Councilwoman Kiefer questioned why the Town had not yet received a Letter of Intent from the City . Town Engineer Fabbroni stated that the City felt the first draft should come from the Town , then the City will know the Town ' s concerns . Supervisor Desch added that Common Council will take action to grant our request . This is the same thing as the Letter of Intent . We will have a " yes " Letter of Intent . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . SEWAGE TREATMENT PLANT Supervisor Desch stated that he wished to make a brief report on the progress of the sewage treatment plant . The State DEC Priority List ® has been approved by EPA . We will be receiving $ 9 , 547 , 000 , this is $ 2 , 000 , 000 more than we expected . The Supervisor went on to say that the funding of the first segment will cover the construction of pilings , caps , pump station and the deep cut crossing of Route 13 . He noted that EPA was in the final stages of their review and we expect a grant offer within a month . Councilman Cramer questioned the site location . Supervisor Desch responded that the plant will be located behind Grossman ' s on Route 13 . He added that all of the facilities will now be located on the northside of the road . Town Board 6 October 19 , 1983 Councilwoman Kiefer stating that she had several questions , went on to note that the Planning Board minutes reported on the Sewer Use Ordinance . She asked if the ordinance would now be coming to the Board ? Town Engineer Fabbroni responded , perhaps toward the end of November . We are not consolidating our ordinance with the City ' s Sewer and Water Ordinance . Trying to organize it so that permits are in one section , etc . He went on to say that at some point in time , with Stearns & Wheler ' s efficient work , we may end up having a public hearing on a small part of the ordinance . Supervisor Desch noted that the Board would not see any substantial ® changes in the ordinance because the State is using our ordinance as a model . Councilwoman Kiefer questioned the status of the subdivision regulations . Town Engineer Fabbroni responded that there have been several meetings with the Town Attorney and the regulations will be ready for the public hearing . Councilwoman Kiefer questioned the designation of a part of Six Mile Creek as a critical wildlife environmental area ? Supervisor Desch responded that this was really the City ' s responsibility . Mrs . Kiefer then asked if the City can designate the Town ' s part ? Supervisor Desch responded no . Town Engineer Fabbroni noted that the discussion was very much in the early stages , as to what is a critical environmental area . Councilwoman Kiefer asked what has happened to the Coddington Road Community Center ? Supervisor Desch stated that he had received a number of inquiries from mothers who were interested in providing a day care center . The Supervisor stated that he has told the people to put together a proposal . Also , he had responded to Robert Berggren . He went on to say that in the past , the Town has allocated $ 1 , 500 in budget for heat , etc . Councilwoman Kiefer stated that she had heard something on the radio about the fire contract and that she thought she heard a three year contract was proposed instead of the two year contract that the Supervisor had talked about . Supervisor Desch responded that the Board of Fire Commissioners were proposing a three year contract . He stated that he still feels three years is too long . ® Councilwoman Kiefer reminded the Board that when Councilman David Jennings resigned , it was decided that he would continue on the committee , Supervisor Desch responded , we will let the City know that David Jennings will be acting officially . Supervisor Desch assured Mrs . Kiefer that the City would be informed that David Jennings will be continuing as an official of the Town on any negotiations with the City pertaining to the fire service . CODES & ORDINANCES Town Board 7 October 19 , 1983 Councilman Cramer reported that the Town Board will be considering a local law on Subdivision Regulations at the November Board meeting and a local law to govern Unsafe Buildings at the December meeting . He went on to say that he has asked Town Planner Peter Lovi to assemble the necessary documents . EAST HILL PLAZA Councilwoman Raffensperger noted that the Sheriff ' s Department has not been enforcing the no parking and handicapped parking at the East Hill Plaza . The dangers from the lack of enforcement is increasing drastically . ® COUNTY BOARD OF REPRESENTATIVES REPORT Mary Call , County Representative reminded the Board of a Reapportionment Committee meeting at noon on October 24th at the County Planning offices . Mrs . Call went on to report that $ 15 , 000 be included as a line item in the County ' s budget for Summer Youth Workers . With the same conditions attached as was the case this year . She noted that it was reported that the Town of Ithaca was the biggest violator of the program because of their hiring 18 and 19 year olds . Town Engineer Fabbroni asked how much of a study was done by the County on the 18 and 19 year olds there were hired . Did the County bother to find out that those persons who were hired were residents of the County ? Mrs . Call responded that the County felt that the job market for 18 and 19 year olds was better than it was for 16 year olds . Town Engineer Fabbroni noted that supervision for 16 year olds was an immediate problem . He went on to say that given the Town ' s type of work it is not easy to hire younger persons . Also , the CETA program was much more oriented to the younger group . Based on the number of applicants we received from the age group of 18 and 19 you can only conclude that there was not a good job market for this age , or why else would 18 and 19 year olds take a job for $ 2 . 00 an hour . Representative Call stated that she thought the committee wanted to go back to Representative Shurtleff ' s original proposal . Are you saying the Town will not be able to hire the same number of youth workers ? Supervisor Desch responded that the Town would be hiring a smaller percentage . Mrs . Call reported that the County had passed a resolution declaring that certain parcels of the hospital and land were no longer need and would be offered for sale . Councilwoman Kiefer noted the Sewer Exclusion Proposition that will be on the ballot this November , she questioned if this proposition was something that should be publicized ? ® Supervisor Desch responded that he had thought about putting an item in the Newsletter , however , the number of votes that would come from the Town of Ithaca would not have much of an impact . Down state , this item is very critical . He went on to say that he did not think the Town should spend money on publicity . Councilman Cramer suggested that the City be encouraged to publicize their feelings on the proposition . Supervisor Desch agreed that the proposition would have more impact on the City than the Town . ZZ Town Board 8 October 19 , 1983 Councilwoman Raffensperger suggested that the Supervisor check with the City to see if they are taking a stand and the Board could authorize the Supervisor to take the necessary action . TOWN OF ITHACA PRELIMINARY BUDGET RESOLUTION NO . 151 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 p . m . , on November 10 , 1983 , at the ® Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Preliminary Budget for the Town of Ithaca for the year 1984 and to hear all persons in favor or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGET RESOLUTION NO , 152 Motion by Councilman Kugler ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 30 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Preliminary Budget for the Southern Cayuga Lake Intermunicipal Water Commission for the year 1984 and to hear all persons in favor or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . 1984 FEDERAL REVENUE SHARING RESOLUTION NO , 153 Motion by Councilman Cramer , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 40 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the proposed use of approximately $ 11 , 500 in interest earnings from Entitlement Period Twelve and Entitlement Period Thirteen and subject to congressional authorization , approximately $ 90 , 000 for Entitlement Period Fifteen and to hear all persons in favor of or opposed to the allocation . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf ® voting Aye . Nays - none ) . EASTWOOD COMMONS LIGHTING DISTRICT RESOLUTION NO . 154 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 45 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the Eastwood Commons Lighting District and to hear all persons in favor of or opposed . � 79 Town Board 9 October 19 , 1983 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . GLENSIDE LIGHTING DISTRICT RESOLUTION NO . 155 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 50 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the ® Glenside Lighting District and to hear all persons in favor of or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . RENWICK HEIGHTS LIGHTING DISTRICT RESOLUTION NO . 156 Motion by Councilwoman Kiefer ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 55 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the Renwick Heights Lighting District and to hear all persons in favor of or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . FOREST HOME LIGHTING DISTRICT RESOLUTION NO . 157 Motion by Councilwoman Kiefer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the Forest Home Lighting District and to hear all persons in favor of or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . CLOVER LANE LIGHTING DISTRICT RESOLUTION NO . 158 ® Motion by Councilman Kugler ; secondec by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 05 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the Clover Lane Lighting District and to hear all persons in favor of or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . FIRE PROTECTION DISTRICTS Town Board 10 October 19 , 1983 RESOLUTION NO . 159 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 10 p . m . , on November 10 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the Fire Protection Districts and to hear all persons in favor of or opposed . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ® 1984 TOWN OF ITHACA BUDGET Supervisor Desch stated that he had taken a closer look at the budget and had decided that by eliminating all equipment , contractual expenses for the Town Attorney , reducing the Park Maintenance Equipment budget to $ 1 , 200 , cutting $ 16 , 000 from Highway Item I Permananet Improvements plus the $ 139 , 000 in Town -wide unexpended balance , the 1984 tax increase could be held to a 10 % increase . Councilwoman Raffensperger asked what equipment are you cutting out ? Supervisor Desch responded , replacement of adding machines , typewriters , etc . CABLE TV FRANCHISE Councilwoman Kiefer stated that the TV Franchise performance bond and the level of fees need to be resolved . The committee is still waiting for the reports they requested from ACC . Also , there is another question that needs to be considered . Present subscribers can supply their own converters . Some Town residents have invested in cable ready sets , which is their right under the present franchise . ACC now plans on scrambling the signal so that people with cable ready set will need to rent a converter . She went on to say that we may wish to use this in the negotiations when the rate increase is discussed . Town Attorney Peter Grossman stated that he had a concern regarding the Security Bond has it is now written . It doesn ' t give us much leverage . He questioned if the Board wanted Town subscribers to individually be an attorney general or would the Board rather take action after several complaints have been received . He stated that he would like the Board feelings on this . Supervisor Desch stated that there is a need to identify the purpose of the bond and what will happen to the money . He went on to say that normally a bond is for building a road . Councilman Cramer asked Mr . Sheridan if there was much of the Town not being serviced ? Mr . Sheridan responded there are only parts in areas of the Town that ® are not in line areas . Councilman Cramer suggested that the Performance Bond be refunded on servicing of the areas now without service . The bond could be taken to insure the timely extension to service to areas that do not now receive service . Councilwoman Raffensperger stated that she thought a Performance Bond was used only if there was a substantial pattern of non - service . Supervisor Desch stated that it will be necessary for us to decide the criteria for calling in a bond . It would not be good for the Town to get into situations where they were correcting problems on private lands . Town Board 11 October 19 , 1983 Town Attorney Grossman added it would be an all in all , outright non - preformance penalty . We have not intention of getting the Town into the business of cable television . Supervisor Desch stated that he couldn ' t see , in his mind , the need for a Performance Bond . Attorney Grossman responded , to insure that repairs are made in a timely form . Martin Sheridan stated that the State requires a bond on new construction . In talking with a representative in Albany , he found out that this franchise is the only one requiring a bond where there ® is no new construction . He went on to say that there is a certain amount of good faith . There have been no instances of failure by ACC to comply with any segment of the franchise . The franchise can be revoked if we don ' t perform . He stated that he did not think a Performance Bond was necessary . Councilwoman Kiefer noted that during the committee ' s discussions with Mr . Sheridan , he had stated that ACC intended to add more telephone lines and they have not done this yet . Mr . Sheridan responded that it takes time for the telephone company plus and independent company to evaluate the telephone needs and then to get back to ACC with their proposals . Councilwoman Raffensperger commented that she really believed that the public does not know that the Town has any jurisdiction over TV or the Franchise . Town Attorney Grossman stated that he got the feeling a performance bond was still needed to take care of continuing problems . Supervisor Desch asked the Board members if they had any idea of how the funds should be allocated that they should let Mr . Grossman know by November 1st . Martin Sheridan requested that the Board consider the Franchise fee on page 11 of the proposed franchise . At present the fee is 1 % . The proposed fee is 2 % of everything except paid services . The maximum level is 3 % , but this can go up to 5 % if you can prove the need for the money to administer the franchise . Supervisor Desch asked the Board for their preference . The feelings of the Board was that 2 % was about the same as the 1 % plus premium service now being received . Peter Grossman remarked that the franchise as now written , show channels 2 through 13 as Basic service , B through K as Augmented service and A as a Premium station . Supervisor Desch asked , of those who have approved their contracts , what percentage are they receiving ? ® Mr . Sheridan responded , they have stayed the same . Councilman McPeak remarked , this is not a fund raiser for the Town . Councilwoman Kiefer stated that on page 24 , ( 4 . 3 . 5 ) we took out the notice to customers of increase as it was very difficult to breakdown the bills as they come in one lump sum . We felt the franchise money could be used to send a notice . Martin Sheridan responded that new customers now receive a notice of increase now . If we do an annual billing notice on one form the notice of rates would involve another form . Town Board 12 October 19 , 1983 Town Attorney Grossman asked why new customers could not be given the rates by the installer ? Mr . Sheridan responded that even if you print up rates , you have pro - rates because of when they sign up . Peter Grossman suggested that something should be printed up that say these are the services and .the costs . Your first month ' s bill will be $ Then have the installer give it to the new customer . Councilwoman Kiefer stated that she liked getting statements . She stated that she did not like the Supervisor ' s idea of having the rates flashed on Channel 13 . ® Supervisor Desch responded that when the water and sewer rates change we do not give the customer a notice . Town Attorney Grossman asked why ACC did not want to give information on their rate of return ? Martin Sheridan responded that ACC had provided rate on return statements to the committee . We provide the State also with this information . These are statements that you could take to the bank . He went on to say that they have a big problem with the way Mr . Grossman wrote the part requiring more financial information and we can ' t sign the contract with these requirements . Councilwoman Kiefer stated that the committee is not happy with this . Maybe Mr . Sheridan won ' t be here in ten years and may be the Board will change . We need to include a list financial information required so that future TV Committee ' s will know what information is needed . We tried to write the franchise so that hopefully it would be a tool for the future . Supervisor Desch stated that he was comfortable with the more modest wording of 7 . 5 on page 39 . Supervisor Desch asked how the information pertaining to the Town would vary from the overall information . Mr . Sheridan responded that if the overall system was loosing money , the loss would be the same as if the City were loosing money but not the Town . He went on to say that we are either making money or not . We should be asking the Town for a much higher rate . Trends can be obtained from the Profit and Loss Statement on a yearly basis , this would give you enough information . Councilwoman Kiefer stated that she had requested more financial information from the State and felt that no action should be taken until the information arrives and the committee has time to study the financial information . Mr . Sheridan noted that the State had told the City that a Return on Investment Statement was not necessary . ® Councilwoman Raffensperger stated that if the committee felt that the list of material they requested was necessary then the Board should wait for this information to arrive . Supervisor Desch stated that it was time for the Board to face the rate schedule squarely . Martin Sheridan read the following memo he had written to Noel Desch , date October 19 , 1983 : " The following is an estimate of increased revenues for ACC from the Town of Ithaca based on the new rates we have requested . The estimates assume that the rates would have been in effect during the ZE Town Board 13 October 19 , 1983 last fiscal year ( this is for comparison to the previous date we submitted ) . Add ' l yearly inc . Town of Ithaca average monthly basic subscribers : 3161 x 2 . 00 ( increase in basic rates ) _ $ 75 , 864 875 additional basic outlets x 1 . 50 increase = 15 , 750 ( The above 875 is a best guess ) Installation rate : no change first outlet 0 ® Installation rate : second outlet : 81 x 5 . 00 increase = 405 Custome installations : New rate Time & Materials + 10o Negligible Augmented service : We extimate about the same number as now take HBO : 1043 x $ 1 . 00 increase ( HBO subs now rent the converter for $ 2 . 00 ) = 12 , 516 Extra augmented outlets at $ 4 . 50 each ( The biggest " if " of all . What percentage of the 1043 will take extra augmented outlets ? 200 x $ 4 . 50 x 12 10 , 800 Disconnections . . . no charge 0 Relocations . . . $ 5 . 00 increase very few Transfers . . . $ 5 . 00 increase very few TOTAL ESTIMATED ADDITIONAL INCOME FROM RATE INCREASES $ 115 , 335 Town Attorney Grossman asked Mr . Sheridan if the royalty payment was based on the outlet ? Mr . Sheridan responded , the more money we make , the more we pay . Councilman Cramer questioned the possible loss of the New York City channels . Martin Sheridan responded , good news we are grandfathered so we can keep the New York City channels . RESOLUTION NO . 160 Motion by Supervisor Desch ; seconded by Councilman Cramer , ® RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing November 21 , 1984 at 7 : 30 P . M . , to consider approving the TV Franchise between the Town of Ithaca and American Community Cablevision . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Bartholf voting Aye . Nays - Kiefer ) . Councilwoman Kiefer , referring to the Town of Ithaca Budget , noted that the numbers were out of order and that some of the number do not agree . She also noted that there were a number of typographic errors . Mrs . Kiefer asked where are the training school funds in the budget , she stated some schools are very expensive . She went on to say that Town Board 14 October 19 , 1983 she had requested a list of those who had attended the training schools and the cost of same for the year 1983 and a list and cost for the proposed schools for 1984 , but had not received it yet . Supervisor Desch responded that there were too many transactions . Some of the schools can be planned , like the Association of Towns Meeting , other we just take advantage of when they become available . EXECUTIVE SESSION RESOLUTION NO . 161 ® Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Excecutive Session to discuss Town Personnel salaries . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . RESOLUTION NO . 162 . Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby moves out of Executive Session into Regular Session . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . wn Cler