HomeMy WebLinkAboutTB Minutes 1972-12-11TOWN OP ITHACA
REGULAR BOARD MEETING
I December 11, l$72
At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins
County^ New York, held at the Town of Ithaca Offices at 108 East Green
Street, Ithaca, New York,;on the 11th day of December, 1972, at 5:00
p;m., there were » ^
I ' n \ '
PRESENT: Walter Schwan, Supervisor
Andrew W^; McElwee,'Councilman
Noel DeSch^ Counci|LmMri i
^ctor Del Rosso, CoUh^ilnian
Robert;N; ipowers, CcpUflcilman
* * iALSO PRESENT: ^mes V, lEjUyoucos., ToWn Attorney ;
Petor'Ki pb^ancese^ Plslnning Consultant
Ms, Ifiarbam Holcomb, Chairman,'Planning Board
David Wi Cowan,■Zoning OfficerReynolds Met9, Assistant Zoning OfficerRobert Grpffi i^ttorpey, Groff AssociatesStevfart Ifnowlton^ Limited Partner, Groff AssociatesBen Boynjion, Groff AssociatesWilliam CJfOtnwell, Tompkins County HospitalEugene Ax^pold, Administrator, Tompkins County
tt ospitAlR. Hi Com^tock, President of the Board, Tompkins
. County HospitalMs. Bonnie Howard, Health Planning Council
Ms• Ruth DeWire
Robert L, Bruce, County Representative
Ms. Sylvia Wahl
Ms, Beverley Livesay
Arthur L. Berkey
Edward P. Riley
Members of Radio, TV, and Press
The meeting was called to order at 5:15 p.m.
APPROVAL OF MINUTES
Supervisor Schwan; seconded by Councilman Powers,RESOLVED, that the minutes for October 23, 1972 and November 9, 1972be approved as presented, and that the minutes of October l6, 1972 be
approved with the correction on page 8 of those minutes that the roadaccepted in the Eastern Heights Subdivision is Skyvue to EasternHeights Drive rather than Snyder Hill Road down Skyvue to Eastern
Heights Drive.
Unanimously carried.
REVISION OP TOWN ELECTION DISTRICT LINES TO
CONFORM TO COUNTY RE-APPORTIONMENT DISTRICTS
Supervisor Schwan reported that affirmative action is needed on thismatter by the 30th of December, The Town of Ithaca will now electthree members of the Board of Representatives rather than two as inthe past, with the result that the Town must establish a third Countydistrict within the boundaries of the Town. Supervisor Schwan saidthe major change is between Election Districts 2 and 3 on South Hill.Previously we had eight election districts, 1 through 8. Since this
original division. District 6 has been divided into two districts --6 and 9> "the dividing line being Warren Road. The County districtlines are now divided 6-7-8, 9-3-^-5^ and 1-2, which have beenlabelled County districts A, B, and C. The other change is on theDanby Road line which used to run 500 feet west of Danby Road andparallel to it. The line now zig-zags through the Ithaca CollegeCampus. These changes mean that people living along the Danby Roadwho used to vote at the National Cash Register Company cafeteria will
now vote at the City School District maintenance barns. The line be
tween District 5 and District 4 in Forest Home used to follow the
2 -December 11, 1972
nf f 2 Drive, so that some of the people voted in
thP Pv2oir ^2?^ in District 5. The line has now been moved into
w affecting some 20 houses. The result is that all theForest Home will now vote at Riley Robb Hall (District 4).This will leave the dormitories at Ithaca College in Dikrict 5 as
Roart line had not been changed on the Danby? have been necessary to vote for some offices in District3 nd in District 2 tb vote for the County Representative.
the foregoing changes, prepared by Planning Consult-
f attached to these minutes and available forexamination in the Town Clerk's office.
Councilman Desch; seconded by Councilman Powers,
RESOLVED, that the eledtion district lines for the Town of Ithaca be
n 2® identified on map prepared by Peter K. Prancese, PlanningConsultant, with the result that boundaries have been shifted in
District 5 and 7 and between Districts 2 and 3 to conform with the
County Reapportionment Plan.
Unanimously carried,
APPOINTMENTS
Motion by Councilman Del Rosso; seconded by Councilman Desch,
RESOLVED, that Walter J. Schwan and Robert Ni Powers be appointed to
the County Sanitary Sewer Commission.
Unanimously carried*
There was some discussion with regard to the appointment of one
member to the Greatel* IthAca Area Beautification Council. This
matter was tabled until January when the Board could be in touch
with Florence Burger to determine whether she will accept a re-appoint-
ment.
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that Jack Hewett be appointed to the Zoning Board of Appeals
for the full term beginning January 1, 1973.
I Unanimously carried.
Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that Ms. Nancy M, Puller and Mg. Cynthia L. S-earles be
re-appointed as Deputy Town Clerks, term to expire December 31, 1973.
Unanimously carried.
FAMILY PRACTICE CLINIC
Mr. Eugene Arnold, Administrator, Tompkins County Hospital, intro
duced Mr. William Cromwell, an associate at the hospital, to make a
presentation in this matter. Mr. Cromwell said his group was request
ing a letter from the Town Board endorsing the Family Practice Clinic
in connection with an application they will be making for Appalachian
funds for this project. Mr. Cromwell read the project summary, copy
of which is a part of these minutes. The Hospital has applied for
$200,000 in funds per year for a five year period. Other fxinds would
come from fee-for-service, or possibly some State Aid. Two facilities
are contemplated, one a hospital based unit and the other an outreach
clinic. The clinic would be in a fixed place rather than a mobile
unit, it being more economical to transport patients to a fixed place
than to bring a mobile unit to the patient. The needfor this project
arises from the difficulty of communities outside the urban area to
attract doctors to a solo practice setting. The hospital emergency
room, therefore, has been increasingly used for non-emergency cases
with the resultant inefficiency of emergency room operation, and, for
the patient treated in this manner, a lack of continuity and compre
hensiveness of care. No site has been selected as yet for this pro
ject.
- 3 - December 11, 1972
Motion by Councilme.h Desch; seconded by Supervisor Schwan,
RESOLVED, that based upon the project summary presented by representa'
tives of the Tompkine County Hospital with regard to Tompkins County
Hospital Rural Health Care Delivery Proposal, the Town Board of the
Town of Ithaca hereby endorses the concept and endorses the intention
to apply for Appalachian Funds for this project,
L Unanimously carried.
EASTERN HEIGHTS IHTERSECTIOH LIGHTS
Supervisor Schwan reported that the bottleneck in the project for
intersection lights in the Eastern Heights Subdivision isthat the New York State Electric & Gas Corporation has said they can
not apcept a lump sum payment, as set forth in the resolution of the
Town Board at its October 23, 1972 meeting, and that they require a
15® payment annually in perpetuity foi^ the cost of wiring and trench
ing to hook up the lights.
Planning Board Chairman^ Barbara Holcoinb, suggested that the Town
Board and the Planning Board arrange a meeting with representatives
of the New Ybrk State Electric & Gas Corporation to discuss this
matter and al^o general matters with respect to subdivisions, the
obligations of develoi)ers, the Town of Ithaca, arid the New York State
Electric & Ga^ Corporation, Couhcilmah Powers thought this would be
an excellent idea provided the Elecitrib & Gas Corporation furnishes
the Board members with some, type of summary so the Board could study
sUch a meeting. Councilman McElwee suggested
that the Plaririing Board should look into these matters first, Mrs,
Holcomb felt that since the Town Board will be directly involved
whenever it comes to a matter of commercial development or multiple
residerice development the Town Board should be as familiar with the
problems as the Planning Board, The consensus of the Board was thata meeting should be arranged with the representatives of the New York
State Electric & Gas Corporation at the January meeting of the Board.
Councilman Desch suggested that the Board should have some idea of
the options available to it in matters of this type,
REVENUE SHARING
Supervisor Schwan reported that the Town of Ithaca had received its
revenue sharing check in the amount of $33,284.00, He said that with
the permission of the Board he would for the time being and until a
decision has been made on how to spend these funds, put the money in
a Certificate of Deposit, He said that since the Village of Cayuga
Heights had received its revenue sharing funds separately, the funds
we have received could be used only for part-town projects. The
first payment received ($33,284,00) is for the period January 1, 1972
through June 30, 1972, The other half of the 1972 payment (approxi
mately a comparable amount) will be received sometime in January of
1973, s-ud after that the funds will be received quarterly over a five-
year period,^ He said* indications are that these funds are thought
of as a stabilization of taxes factor rather than for tax reduction,
the idea being that if there are things that the Town would like to
do and would not normally do because of the need to increases taxes
to do it, these funds are available for the necessary things.
Some of the things that the funds might be used for are the hiring
of a constable, or two constables, and the purchase of relevant equip
ment such as cars, radar sets, two-way radio sets, and related hard
ware; possibly build some town by-pass roads; possibly build some
sidewalks. Supervisor Schwan indicated that care would have to be
taken in earmarking these funds because there is no guarantee that
at the end of five years any additional funds will be forthcoming.
It appears that over the five year period the Town of Ithaca will
receive roughly $330,000 in Federal Revenue Sharing funds.
" ^ - December 11, 1972
REPORT OF TOWN OFFICtALS
Chairman of the Planning Board, Barbara Holcomb, reported that there
is now a vacancy on the Planning Board. She requested that the Town
Board reappoint Daniel Baker to another term since his term expires
1972. She requested also the appointment of Dr. JohnLowe to the Planning Board to replace Frederic Scott who has resigned.
Councilman Defich; seconded by Supervisor Schwan,RESOLVi®, that Daniel Bak6r be reappointed to the Planning Board for
to begin on January 1, 1973 through December 31, 1978, and
that Dr. John Lowe be appointed to the Planning Board to complete the
unexpired term of Frederic Scott who has resigned.
Unanimously carried.
Mrs. Holcomb reported that the Planning Board has recommended that
the speed limit on Coddington Road between Juniper Drive and Troy
Road be reduced from 55 miles per hour to 4o miles per hour. This
is a continuation of the 4o miles per hour speed limit which presently
exists on Coddington Road from the City Line to Juniper Drive. Mrs.
Holcomb noted that it appears that there has been sufficient building
in this area now that mi^t now make for success in this request.
Motion by Councilman Deschj seconded by Councilman Powers,
RESOLVED, that the Town of Ithaca request of the Department of Trans
portation a reduction of the speed limit from 55 miles per hour to 40
miles per hour on Coddington Road between Juniper Drive and Troy Road.
Unanimously carried.
Mrs. Holcomb reported on several line of sight problems, one of
which is at the corner of Honness Lane and Slaterville Road and
another on Route 392 and Judd Falls Road. Both are in a State right
of way. Warren Road, Hanshaw Road, and Muriel Street are all problem
areas (line of sight being hampered by trees and bushes.) The problem
is complicated by the fact that many of these trees and bushes are
on private property. Mrs. Holcomb reported that Superintendent of
Highways, Marion Morey, has suggested that the Plan.Board might pass
a resolution which might be passed on to the State officials.
Mrs. Holcomb reported that there has been considerable confusion over
the fact that the Town Board approved by resolution the acceptance of
1400 feet of Drew Road and 3100 feet of Vera Drive in the Otis Drew
Subdivision (conditional, however, upon the Town Attorney's approval
of the deed). Superintendent of Highways Morey had also approved the
roads. However, at that point in time the subdivision had not been
approved and people were not able, therefore, to get building permits.
This discussion again raised the question of procedure with respect
to approval of subdivisions and roads. In order to prevent recur
rence of this type of thing it was decided that a letter of trans-
mittal from a prospective developer to the Town Board be prepared
indicating approval of proposed roads by the Town Attorney, Super
intendent of Highways, and the Planning Board, and indicating also
the location of all easements. Town Attorney Buyoucos said that there k-
must be an arrangement between the Town of Ithaca and the Hew York
State Electric & Gas Corporation indicating under what circumstances
the Town is going to take a deed subject to existing easements from
the New York State Electric & Gas Corporation. He said also that
word should go out to any developer when he makes an informal appli
cation that the location of all easements affecting the property in
question must be shown on the subdivision plan and that there must
be a letter from the utility company confirming the existing easement
locations,
Mrs. Holcomb reported that the Planning Board will hold a Public
Hearing on December 12, 1972 to consider Mr. Worbert Schickel's
Eastwood Commons proposal which has been before the Planning Board
before. Site plans are now available and the Town Board will have
a report from the Planning Board on this matter at its January meeting.
RESOLUTIOH
CONCSRinKG HOUSING PGR ELDERLY
P.H.A. PROJECT NO. 013-^4031 LDC
ELLIS HOLLOW ROAD, TOWN OP ITHACA
WHEREAS, GROFF ASSOCIATES, (herein also referred to as
the "Applicant"), have agreed to develop on a limited profit
basis a housing project for elderly persons of low and moderate
income (herein referred to also as the "Project") on a plot of
land located adjacent to Ellis Hollow Road in the Town of Ithaca,
Tompkins County, State of New York, where no adequate housing
exists for such persons, which project is to be aided by a
mortgage insured by the Secretary of Housing and Urban Develop
ment and augmented by a program of rent supplements authorized
by the Housing aind Urban Development Act of I965, or a mortgage
insured by the Secretary of Housing and Urban Development assis
ted pursuant to Section 236 of Title II of the National Housing
Act, or a mortgage loan made by the Secretary of Housing and
Urban Development pursuant to Section 202 of the Housing Act of
1939> And any Federal laws amendatory or supplemental thereto,
and
WHEREAS, GEOFF ASSOCIATES is to form in the Town of Ithace
a limited partnership p^suant to Article V of the Private
Housing Finance Law of the State of New York euid have irrevocably
dedicated their talents to providing such housing accommodations
and other related facilities on a limited profit basis, and
WHEREAS, GROFF ASSOCIATES, in accordance with the Law
herein referred to, have undertaken the planning and intend to
pursue building a housing project for the elderly containing
100 units on the following described parcel of land:
ALL THAT TRACT OR PARCEL OF LAND, situate in the
Town of Ithaca, County of Tompkins and State of
New York, bounded and described as follows:
BEING situate on Military Lot No. 96 and COMMENCING
at a point in the centerline of Ellis Hollow Road
and its intersection with the easterly boundary of
lands conveyed to GROFF5 et al., by STEHIEN WILLIAM
BARNS, SR. (see Liber kJS of Tompkins County Deeds
at P€Lge 313) and running thence N. 65 55' 00" W.
along the centerline of Ellis Hollow Road 767.60
feet to a point and running thence N. 30 08' 00"
E. a distance of 25 feet to the northerly limit of
Ellis Hollow Road, and running thence in a north
easterly direction on the arc of a circle with a
radius of 2821.24 feet a distance of 329 feet to a
point, and runniM thence S. 65 55* 00 E. a
distance of 640.78 feet to the easterly boundary of
the lands of GROPP, et al. and running thence S. 7
08' 00" W. 369.29 feet to the point and place of
beginning, being 250,048 square feet of land
and
WHEREAS, the Federal Housing Administration, in order to
maintain the project's feasibility, has required the sponsors to
seek and obtain some form of tax stabilization or tax relief
pursuant to said Article V from the Town of Ithaca, County of
Tompkins and the Ithaca City School District upon the above-
described real property and its improvements, and
WHEREAS, the tax relief or stabilization herein being
sought may be granted in the form of an annual payment in lieu
of taxes to the extent permitted by Section 125 of the Private
Housing Finance Law, said payment in lieu of taxes to be the
difference between the taxes which are due and payable on the
premises on such portion of the valuation of the property as is
not exempt from taxes and the sum of Twenty Thousand Dollars
($20,000.00), plus such additional sums which the applicant may
be required to pay, as hereinafter provided for, and
WHEREAS, the agreed period for the payment in lieu of
taxes is to begin on the day and date that the redevelopment
company sponsoring this project is issued a certificate of
occupancy and compliance by the Building Inspector or Zoning
Officer of the Town of Ithaca, for the above-described real prop
erty and certifying that the project complies with all applicable
laws, codes, rules and regulations; said payments in lieu of taxes
shall continue for the life of the mortgage or so long as Federal
Housing Administration insurance is in effect and so long as the
company continues to operate as a limited profit organization pur
suant to the provisions of said Article V for the limited purposej
for which it was organized thereunder, namely, to provide housing
for elderly persons of low and moderate income, and
WHEREAS, GROPP ASSOCIATES have petitioned this taxing
authority to grant the tax relief as herein described, and
WHEREAS, the Town of Ithaca, pursuant to the provisions
of Article V of the Private Housing Finance Law of the State of
New York has the power and authority to grant the relief herein
being sought,
NOW, THEREFORE, BE IT RESOLVED,
That the said real property shall be exempt from the pay
ment of all local taxes, except as hereinafter stated, levied by
the ifown of Ithaca (herein referred to as the Town), the County
of Tompklns (herein referred to as the County), and the City of
Ithaca School District (herein referred to as the School District]
on real property, but not Including assessments for local improve
ments, and subject to the following conditions and provisions,
(1) In accordance with the provisions of Section 125 of
the Private Housing Finance Law, the exemption from taxes shall
apply only to that portion of the value of the property included
in the project herein described which represents an increase over
the assessed valuation of the real property, both lands and Imprcve-
ments, acquired for the project at the time of its acquisition by
the redevelopment company in this project; to the extent of such
assessed valuation in effect at the time of the acquisition of the
property by the redevelopment company, the property shall remain
subject to the payment of taxes in the S€tme manner and at the same
times as other real.property in the Town of Ithaca.
(2) GROFP ASSOCIATES will pay to the Town of Ithaca in
each and every year for so long as the property is exempt from
the payment of such taxes, pursuant to this resolution and the
provisions of the Private Housing Finance Law, an amount which
shall he (a) the sum of Twenty Thousand Dollars ($20,000.00) or
(b) a sum which represents 13.^5?^ of the gross basic rents which
the Applicant receives as rents and income from all the units in
the project, whichever of the said two sums is the greater, less
the amount of local and municipal taxes assessed and levied by thje
Town of Ithaca, the County of Tompkins, and the School District
on such part of the assessed valuation of the real property des
cribed which is not exempt from tsucation pursuant to the provisioh
of Section 125 of the Private Housing Finance Law; such sum shall
be in lieu of all local and municipal taxes which may be levied
by the said Town, County fluid School District with respect to all
of the value of the property included in the project which
represents an increase over the assessed valuation of the real
property acquired for the project by the redevelopment company
as set forth in paragraph (1) above.
It is the intention of this resolution that the total
amount received by the said Town, County and School District in
each year from taxes which may be levied on the Applicant's
real property and the said sum paid in lieu of taxes shall be
(a) the sum of Twenty Thousand Dollars ($20,000.00) or (b) a
sum which represents 13*^3^ of the gross basic rents which the
Applicant is entitled to as rents and income from all the units
in the project as hereinabove described, whichever of said two
sums is the greater.
(3) It is understood and agreed that nothing herein
contflLlned shall be deemed to exempt in any way the real property
herein described from the payment of any and all assessments for
local improvements including, without limiting the generality of
the foregoing, assessments for all improvements and improvement
districts as provided for and defined in the Town Law (Article
12, Article 12-A, and Article 12-C or otherwise) and from the
payment of any sewer rents and water rates as defined or provided
for in Article l4-F or the General Municipal Law, Article 12-C
of the Town Law, and Article 12 of the Town Law (Section 198,
subdivision 1, paragraph (1) and subdivision 3, paragraph (d),
(4) The tax period for the first payment in lieu of
taxes shall begin on the day and date of the following events,
whichever is the earlier; (i) the date on which a certificate of
occupancy or compliance has been issued by the duly authorized
officer of the Town certifying that the project complies with
all applicable laws, codes, ordinances, rules and regulations
applicable to the use and improvement of real property in the
Town of Ithaca and the construction of housing thereon, includ
ing, without limitation, the zoning laws and ordinances of the
Town, or (ii) the date on which the first of the units in said
project are leased to a person for occupancy, subject, further
to the following;
A. Until such date the premises shall be subject to
the payment of taxes In the same manner as other real property
in the Town of Ithaca which are required to pay such taxes.
B. On such ds-te, the Applicant shall pay a pro-rata
amount of the annual payment hereinabove provided for, pro-rated
for that portion of the calendar year remaining at that time,
less the pro-rated amount of taxes and assessments pre-paid by
the Applicant.
C. Thereafter, such annual payment shall be due and
payable at the same time and upon the same terms, conditions,
interest and penalties as are Imposed upon all County and Town
taxes payable in the month of January each year, beginning with
. 6 -
the first January follov;ing the date on which the first pro-rated
annual payment was made as provided for in paragraph (A), above;
the obligation to make such payment shall be deemed to be a lien
on the Applicant's real property and the remedies available to
the Town of Ithaca for the collection of such payment, and the
foreclosure of such lien, or other enforcement of said lien or
obligation shall be governed by and in the BamQ manner as pro
vided by the Real Property Tax Law of the State of New York or
any other applicable law governing the collection and payment of
such taxes and the remedies granted to the Town in the event of
the non-payment or late payment of such taxes.
D. The exemption granted hereunder and the payment
made in lieu of such taxes shall continue for the life of the
mortgage or so long as the Federal Housing Administration insur
ance is in effect and only so long as the company continues to
operate as a limited profit organization pursuant to the pro
visions of said Article V and for the limited purpose for which
it was organized, thereunder, namely, to provide housing for
elderly persons of low or moderate income, but in no event for
more than ^0 years, and for the foregoing limited period, this
resolution shall be deemed to be a covenant running with the
land.
E. The project must comply in all respects with all
provisions of Article V" of the Private Housing Finance Law and
all laws, ordinances, codes, rules and regulations applicable to
the use of real property and the construction of buildings and
other Improvements thereon including, without limiting the gen
erality of the foregoing, the building codes and zoning laws and
ordinances of the Town of Ithaca and the requirement that the
Applicant must apply to the Town Board and/or the Planning Board,
and this resolution has been adopted specifically on the
representation of the Applicant that it la subject to the opera
tion of such laws and to its agreement that it will comply with
such laws in the construction of this project.
(5) The Supervising Agency of this project shall be that
officer, governmental unit, or agency of the Town of Ithaca, as
defined in the Private Housing Finance Law.
(6) The Town Supervisor Is authorized, with the assis
tance of the Town Attorney, to negotiate a contract with the
Applicant containing the foregoing provisions and such other
provisions as may be reasonably required by the Supervisor and
the Town Attorney to insure compliance by the Applicant with,
and to give to the Tovm the rights intended to be reserved to
the Town under, provisions of this resolution and the provisions
of Article V of the Private Housing Finance Law, and such contract
shall be reviewed by the Town Board prior to its execution. The
contract shall contain adequate provisions to assure that reason
ably adequate transportation facilities, whethei' public or fur
nished by Applicant or paid by project, are available to the
occupants of the project to and from the downtown section of the
City of Ithaca, 'if the Town Board shall deteralne that such
facilities are reasonably required.
(7) It is understood that the Applicant is not exempt
from the-payment of sewer rents and water rates as defined or
provided for in Article l4-P of the General Municipal Law
(Section 198, subdivision 1, paragraph (1) and sub-division 3,
paragraph (d)).
(8) The contract shall not be executed by the Supervisor
until the consent of the County and School District to the tax
exemption has been received by the Town.
FURTOBR BE IT RESOLVED that approval is hereby granted for
participation in the Federal Rent Supplement Program by qualified
housing owners of property located in the Town of Ithaca, TompKins
County, State of New York,
STATE OP NEW YORK
COUNTY OP TOMPKINS
TOWN OP ITHACA
- 8 -
SS
I, Edward L. Bergen> Town Clerk of the Town of Ithaca,
DO HERESY CERTIFY, that the foregoing resolution is a true and
exact copy of a resolution duly adopted by the Town Board of the
Town of Ithaca at its regular meeting on December 11, 1972.
Dated: December l4, 1972
Sworn to and subscribed
before me this l4th day
of December, 1972,
Public
r
- 5 - December 11, 1972
Zoning Officer Cowan reported that all is in order with respect to
the extension for Lakeside Nursing Home.
reported that the Board of Zoning Appeals had asked him to
rf ^ Board for a higher fee for the Secretary
® Zoning Board of Appeals for attendance at meetings and for pre-
S o minutes. Supervisor Schwan advised Mr. Cowan that the ZoningAppals has budgeted monies as does the Planning Board and
that money has heen allocated for secretarial fees. The Board can
determine what the fee should be.
+v!' Cowan pported that it is now definite that he will be leaving
° ^973 and that he will, therefore, noIpger be eligible to hold the position of Zoning Officer of the Town
of Ithaca. All Town officials must be electors of the Town of Ithaca.
Mr. Cowan will be moving into the Town of UlysseS.
GROF^ ASSOCIATES - HOUSING FOR THE ELDERLY
that at a regular meeting of the Planning Boardon November 28, 1972, and following a public informational meeting on
this matpr on November l4, 1972, the following recommendation was
adopted for presentation to the Town Board:
"As f'ar as ped iS concerned, the majority of the Planning
Board (6-1) feels that there is a need for additional housing
elderly in the Ithaca area, and that the whole Board
VJ"92,there is a demand for housing for the elderlyat Jhis rent level, and that the location is acceptable if the
problem of public transportation is solved or an alternate
is provided, and it is further recommended that the spelling
pt of the way in which transportation shall be provided shall
l^po^po^^-ted in the contract entered into between the Town
and the developer."
Mp. Holpmb reported that additional discussion was held concerning
the propep which would arise when and if the loop road is built.
The following statement was agreed to as a guide for future Town
action:
When the proposed loop road is constructed attention must be
adequate road crossing facilities from the housing
pte to the commercial site. This could be provided by a
traffic signal, underpass, or other appropriate solution."
Schwan then read the following statement to the Board
(statement dated December 8, 1972) from Barbara Holcomb, Planning
Board Chairman:
"As you know from the paper, the Planning Board did find a
need for additional elderly housing in the Ithaca area and
also found that the proposed site is acceptable provided
certain conditions are met. This full recommendation will
be made to you at the Board meeting on Monday, but I thought
it might be useful to summarize for you ahead of time the
information which we were able to gather and on which we based
our recommendations.
"First, in re "Need"
!• Titus Towers - 165 units - low income elderly housing -
income limits are $4,000(s)7^4,800 (couple). Rent =
25^ of annual income. As of November 20, 1972, 110
units were occupied. Mr. Armstrong, Director of Ithaca
Housing Authority, said at that time 155 total were
committed. Mr. Alexander, Chairman, IHA, says he knows
of at least 10 which have been committed. A third set
of figures from Barbara Blanchard, member of IHA Board,
are closer to Mr. Armstrong's. This is the only area
in which we have a discrepancy of figures. However,
all three agreed that IHA still has applications on
hand which are being processed and that new applications
are still being received.
- 6 - December 11, 1972
2. McGraw Hpuse. 105 units - mixture of low, moderate and
fair market rentals. McGraw is full and as of November
10, 1972, had a waiting list of 10. Present occupancy
is as follows: 27 pay full market rent; 64 are moderate
income under the 236 program; 13 are low income rent
supplement. McGraw did not even begin to fill up until
the 236 program was made available for McGraw. (April,
^ 1972)i
I 3. West Village and Maple Avenue - total of 32 units allocated
ror elderly. As of November 10, 1972, 8 units were occupied
and they had no applications. Letter from Mr. Bannet of
HUD stated "Pof your information the one bedroom units in
the UDC sponsored project are not designed for elderly
occupancy," Units in UDC elderly section can be rented
at low, moderate or fair market levels,
4. Copy of letter from Mr* Bannet, HUD, attached.
5. Population figures from the County Planning Department
show that in 1970 there were 8,280 people over 60 in
Tdmpkins County. Projections for the future are as
fellows: 1975, 8,886; 1980, 9^663; 1985, 10326; 1990,
11,086.
6. We tried to get median income figures for residents of
Tpmpkins County who are 65 and older - this information
can not be extracted from the 1970 census data.
7. Groff Asspciates proposed project would be required to
provide 10 or 20$^ housing for low income elderly (rent
supplement); balance 6f 80 or ^0% would be for moderate
iwr income elderly. No units could be rented at the fair
1 market rate.
I
8. Income levels for Moderate Income elderly are $4,800 -
$6,48o (plus a possible 10^ on a complicated formula which
could increase upper limit to $7,128). This is for a :
couple. Single person limits are $4,000 - $5,400 (plus
possible 10^ or $6,000).
9. If you accept the principle that approximately 25% of
annual income can be spent for rent, then the mid-point
of the moderate income range ($5>600) says that persons
should be renting for about $116 per month.
10. An informal survey of real estate brokers in Ithaca was
conducted - they were asked for their information about
apartments appropriate for older persons (either first
or second floor or in a building with an elevator,
either reasonably close to shopping or on a bus line)
in the $125 per month range. Consensus was that such
an animal is quite rare.
11. The Senior Citizens Housing Committee was vim-jilllng
to take a stand in re the need for more elderly hoijs^
ing. They felt that they did not have any special
information in this area.
- Second, In re "Location"
1. There is available in the immediate vicinity
Discount Department Store
Grocery Supermarket with Snack Bar-Restaurant
Laundromat
Drug Store
Bank
Bowling Alley and Pool Room
Restaurant
- 7 - December 11, 1972
2. Health facilities, libraries and theatres are not avail
able in the immediate vicinity.
3. Two Protestant churches are within a mile of the site.
4. There is at present no public transportation available
at the site. The closest city bus stop is at the corner
^ of Cornell and Maple Avenue.
! There are no sidewalks or walkways.
6. The proposed loop road will separate the housing site
from the present commercial area, "
Mr, Robert Groff, Attorney, Groff Associates, made the following
statement:
"l want to say that Mrs. Holcomb did a very thorough job of
eliciting the facts as they could be ascertained applying
to this project. We met with your attorney shortly after
the Planning Board meeting to discuss their recommendations.
We have revised the resolution presented to the Board on the
previous occasion to reflect these recommendations. As Mr.
Buyoucos will tell you more thoroughly than .1, we have en
deavored to provide that the contract will contain adequate
provisions to assure reasonably adequate transportation
facilities, whether public or furnished by the applicant
or paid by the project if the Town Board shAll detemine
that such facilities Are reasonably required."
Town Attorney Buyoucos stated that a provision was added to the
original proposed resolution to the effect that . . , "The contract
shall contain adequate provisions to as surd that reasonably adequate
I transportation facilities, whether public or furnished by Applicant
L or paid by project, are available to the occupants of the project to
and from the downtown section of the City of Ithaca, if the Town Board
shall determine that such facilities are reasonably required," He
said, therefore, that when the time comes to sign a contract, he and
the Supervisor will be able to put into the contract what provisions
they think are necessary.
Mr, Groff said he had been asked what would happen if the project
were discontinued. He said in that case one of the provisions of
the law is that the taxes which have been abated will be paid back
to the municipality plus interest at Further, any profit made on
a sale or transfer or dissolution will be paid to the municipality
after repayment of the investment. The profit is limited to 6% and
the developer cannot dissolve without obtaining the consent of the
Town Board, Groff Associates books and records are available for
the Town*s inspection continually.
Supervisor Schwan called for questions from the floor.
Ms. Lydia Wahl made the following statement;
"I am a homeowner and taxpayer in the Town of Ithaca. I have
several points I would like to make with respect to the Groff
Associates project. I am very pleased that the Town Board
, has indicated a sincere interest in the older people in our
community. They are a valuable resource. I am concerned
that the particular project proposed will draw older people
out of our community and segregate them from the other age
groups away from community facilities and services. Older
people are important to the total community, to our own
lives, and the lives of our children. We need the older
people to give our children a sense of the continuity of
life. I am afraid that the Ellis Hollow project is not
in the best interests of older people specifically nor
in the interest of the larger community generally. I
would like to see the Town take the lead in increasing
- 8 ^ December 11, 1972
the upper limit from $5^000 incoihe to $6,000 (eligibility
for tax relief). I believe this would demonstrate our
concern for the 61derly directly* It would help to ease
the tax burden on older owners who want to remain in their
homes as long as possible, I would prefer to see us in
volved in additional, services such as the health serv3.ces
discussed earlier this evening family Practice Clini^c/fOr
the elderly before we consent to spend our tax monies for
the benefit of privato developers."
Ms. Wahl was concerned about transportation and whether Groff could
rent to other than elderly should the project not be fully rented.
Mr. Groff said he felt the Town was adequately protected by the con
tract with regard to the matter of transportation and that with
regard to renting to other than elderly he said Groff is strictly
limited to renting to elderly persons or handicapped elderly persons
over 62 years of age and who come within the rent ranges stated.
Mr. Buyoucos said if they could not fill the project it would be
foreclosed. If there is a foreclosure and someone else acquires
the property, then the tax abs.tement ceases.
Supervisor Schwan called for other comnients.
Ms. Livesay made the following statement;
"l attended the Planning Board meetings with regard to
the Groff project. I Went with an open mind about this
as a location for the elderly. I can see advantages and
disadvantages. My conclusion was that unless the Town is
willing to make a real commitment for development in this
area for walkways, for crossroads> for transportation, for
a park — then this is not an adequate site for the ielderly.
I believe the Federal government has issued guidelines on
housing for the elderly and I am wondering if these guide
lines have been figured into this."
Supervisor Schwan noted that the project would not have the reached
the point it has without complying with Federal guidelines or with-^
out the approval of HUD and the FHA.
Ms. Livesay referred to the announcement of 75 units of housing for
the ambulatory elderly and she wondered if this would change the
figures or recommendations of the Planning Board. Ms. Holcomb said
the Quarry Dorm project is a different type than Groff. It is not
an independent apartment concept. It is a room rent with maintenance
in terms of social services, cleaning services, and meals provided.
It is group operated, as she understood it, with the contract with
the Social Services D^artment of New York State. The State antici
pated that roughly 90^ will be public assistance people under license
with New York State. They may draw these people from a seven county
area so this is something which will encompass people out of our area
in a much lower income level than Titus Towers. In the Groff project
these people could only be included, perhaps, in the 10$^ or 20% but
not the moderate income. When Ms. Livesay spoke again of the Federal
guidelines it was noted that what was under consideration at this
time is tax abatement. Many other matters will be covered in the
contract which is eventually drawn and in the final approval of site
plans and in the issuance of a building permit.^ Mr. Buyoucos said
the tax exemption does not begin to operate until the project has
complied with all applicable conditions, rules and regulations,
building permits, and all conditions of the Planning Board and the
Town Board have been met. That is the control we have.
Ms. Livesay asked if the project was to be built specifically for
the elderly. Mr. Groff said it was and that it meets Federal guide
lines. Supervisor Schwan assured Ms. Livesay that the Planning
Board recognizes her concerns, the Town Board recognizes her con
cerns and has made provision for them in the resolution and will
have them in mind when the final contract is drawn and the site
plans are approved.
- 9 - December 11, 1972
Mr, Arthur L. Berkey expressed concern about who would be responsible
for transportation and what it would cost, Mr, Groff explained that
according to the proposed contract it can be paid for by (1) the
developer, (2) the project, or (3) p^lic transportation. He said
he understood that a transportation/was going on at the present time.
They are projecting l8 months into"*the future and it makes it diffi
cult to pin down at this time. It would be a matter to be taken up
by the Board, Robert L, Bruce, County Representative, noted that
all figures indicate thdt the Town of Ithdca does not have a popula
tion density large enough to support public transportation on the
basis of what people in this area are accustomed to pay, Mr, Buyoucos
stated that the resolution provides for a contract which will assure
reasonably adequate transportation available to and from the project
to the downtown Ithaca area. The resolution envisions a study of
public transportation and if transportation is not available at a
certain point in time, then the Board can require the developer to
furnish the transportation, Mr, Groff did say that if the developer
was required to furnish transportation the tenants might have to pay
more rent, ^
Ms, Wahl, referring to Groff»s profit being limited to 6^, said that
the real benefits of such a project to the developer have to do with
the rapid depreciation that is involved arid the fact that there is a
tax abatement, Mr^ Groff said he had beeri waiting for this question
to come up and that he had had their accountant prepare an analysis
for them. It is called 200^ depreciation* It means that in the
early stages of the development a higher depreciation can be taken.
This is something that is available to any developer, not simply to
Groff Associates; He said that their accountant is going to look
into it and it is quite possible it may not even be beneficial in
their situation. It mi^t not make much sense to pay a big bite at
the tail end of a 40-year mortgage,
Mr. Robert Bruce said he understood that this resolution is for tax
stabilization and that the Town was hanging its approval on the
approval of the County and the Ithaca City School District, Mr,
Buyoucos said the Town is saying that the exemption is given un
conditionally, but that no contract will be signed with the
developer until the approval of the County and the School District
has been received on the tax abatement and that if the County does
not approve no contract will be signed, Mr, Bruce felt that the
Town was hanging its approval on a very shaky limb if it depended
upon the approval of the County, Mr, Bruce said the County is in
clined to look suspiciously at tax abatement — from whatever source,
Mr. Bruce said he was at the meeting to find out what kind of a
"baby you are leaving on our doorstep" if this resolution is adopted.
Councilman Powers wanted a clarification of what is meant by "basic"
rent since this was originally called "annual" rents, Mr, Buyoucos
explained that there is economic or basic rent, the rent which the
tenant pays and there is another kind of rent which is called shelter
rent. That is the basic rent minus the sum total of the cost for
utilities and heat.
Since no further comments were forthcoming Supervisor Schwari called
for action on the resolution.
Councilman Del Rosso said he wanted to make a statement before the
vote was taken. His statement follows:
"I think this project has been kicked around now for about
four months, I would have to say it was very poorly pre
sented, I think it was poorly documented. We requested
supporting information after the first time it was turned
down. It was presented a second time and the information
was not much better. We returned it to the Planning Board
to dig out information to see whether or not we had a
legitimate need for this housing, I think we have done
our homework in this regard and I think the Planning Board
L
- 10 - December 11, 1972
has certainly done a lot of digging on it. I am inclined
to accept the Planning Board's suggestion that there is
a need for this housing and I hope, if this project is
approved that it will do the good it is intended to do
for our elderly and that we will be able to resolve what
ever fears remain as to whether or not this is a good or
a poor location. At the present time I would look with
favor on this proposal and will vote accordingly,"
There being no further comments or discussion, the following action
was xaken s
Motion by Supervisor Schwan; seconded by Councilman McElwee,
(See attached resolution)
The members of the Board were polled on the resolution, with the
following result;
Councilman McElwee i Aye
Councilman Del Rosso ... I Aye
Councilman Powers ....1,1.,.,,. Aye
Councilman Desch 1 Aye
Supervisor Schwan .... i.. Aye
The resolution was thereupon duly adoptedi
APPROVAL OF WARRANTS
Motion by Councilman Del Rosso; seconded by Councilman McElwee,
RESOLVED, that the warrants dated December 11, 1972, in the followine
amounts, be approved:
General Fund ^ 1^^097.95
Highway Fund $ ^,078.73
LOCAL COURT SYSTEM - PROPOSED LEGISLATION Unanimously carried.
pare was brief discussion of proposed legislation to abolish the
local court system of the State of New York. Supervisor Schwan
circulated a letter to the Board written by the New York State
Association of Magistrates (dated October I9, I972) in regard to
this matter. The letter requested Town boards, if they are convinced
that the effort to abolish the local courts constitutes serious in
roads on local home rule and operates as a deprivation of opportunity
£or the citizens, to pass resolutions to that effect and send them
to their local Legislators with a copy to the office of the New York
State Association of Magistrates.
Ms. Holcomb recommended that the Board table this matter until the
January meeting of the Board, She explained that the Governor of
the State of New York has appointed a special Commission of 15
members to look into the entire court system for New York State.
They were commissioned to study the court system from the justice
level up to the Court of Appeals and to make recommendations to the
legislature and the Governor. The Commission has completed its
report as of now but it has not in any form been made public. No
body knows what it is going to say. The report will be available in
early January. Ms, Holcomb, therefore, strongly recommended that the
Board not take any action in this matter until the Board sees what
the Commission has recommended. If the local court system is to be
abolished the Board should wait to see what is recommended in its
place and how it is to be financed. She felt the Board should have
something to react to before taking any action.
Supervisor Schwan noted that if the local court system is abolished
the Town would lose what amounts to a fairly substantial revenue,
and, further, if the local justice courts are abolished, where do
people go then?
Based on Ms. Holcomb's recommendation, the Board tabled the matter
until the January meeting of the Board.
- 11 - December 11^ 1972
FOREST HOME BRIDGES
Edward P. Riley, 300 Forest Home Drive, noted that the Forest Home
bridge has been closed almost exactly one year and asked if the Town
^ard had been in communication with the State in this regard. Super-
^sor Schwan reported that the Board had not been in touch with the
State since being advised that the State was going to bring in steel
and that the bridge would be opened by Christmas. Mr. Riley recom-
mended that the Board get in touch with the State in order to push
action in this matter. He said it was a situation which should not
j Supervisor Schwan said he would look into the matterand thanked Mr. Riley for his recommendation.
NORTHEAST WALKWAY
Ms. Livesay, Snyder Hill Road, asked what the status of the Northeast
walkway is. Supervisor Schwan said he had not heard anything about
this recently but that the Town was expecting the School District to
take some action on it. The matter is being considered by the Town
Attorney and also Attorney Armand Adams, attorney for BOCES.
PERSONS TO BE HEARD
Mr. Arthur L. Berkey, Christopher Circle] inquired whether any of
the Northeast standpipes had been cleaned and whether any additional
looping around Warren Road had been done to provide additional pres
sure for that area. Supervisor Schwan said that the Town had only
recently been granted permission by the State Health Department to
clean, paint, and sandblast the standpipes and that the next step is
to put the Job out to bidfe. When Mr, Berkey questioned the length of
time that this project had been in the WoJbks, Mr. Schwan explained
that the Board was not tbo upset by the time lag sincb it has had
the engineers very busy with the Bolton PCint project. The matter
was further held up because the Town wants to have bids on all the
\ projects go out as one bid. Mr. Berkey said he had hoped these
projects Would be done in the year 1972 because they had been listed
as possible items of expense when the dissolution of water and sewer
districts was proposed.
Mr. Berkey said he was pleased that the Town Board and the Planning
Board were concerned with "need" in respect to the Groff Associates
project for elderly housing, and wondered why "need" had not been
considered with regard to the Beacon Hills rezoning. He also wonder
ed what criteria the Planning Board and the Town Board had used to
make the judgment that the character of the area in the Beacon Hills
development would not be adversely affected by the rezoning. Super
visor Schwan said he felt that the subject had been well covered in
the public hearing on the Beacon Hills request for rezoning. Ms.
Hblcomb said there was no evaluation of need with respect to Beacon
Hills and no attempt was made to evaluate the need. Councilman
McElwee suggested that it was not the Board's function to legislate
where people live. Mr. Berkey noted that the Town had a petition
from some l80 people opposing the project and rezoned the area in
spite of that. He asked again what criteria had been used in judeJu(T
that the character of the area would not be adversely affected.
Supervisor Schwan said he did not see that housing of about the same
kind and character would adversely affect the area. Cluster arrange-
^ ment simply put the available land to the best use.
After continued reiteration of the same question with respect to
criteria by Mr. Berkey, Councilman Pow^s made the following state
ment: "I am a person who would like to^eard and to state to Mr.
Berkey and those present that I object strenuously to having my time
wasted by Mr. Berkey's evening meetings with us in which he goes back
to something that was done a number of weeks ago, or months ago, or a
year ago and ressurects things which were explored very thoroughly
at the time the decisions were made. I am saying to you again that
I object very strenuously to a waste of my time."
- 12 - December 11, 1972
Mr. Berkey said he did not want to waste Mr. Powers time, but he
question with regard to "criteria". He said the Board
nad heard the people's comments; they saw the petition against the
project. He said he had not, however, he^rd one criterium as to why
the property was rezoned or on what specific grounds.
Mr. Berkey complained that he had not been permitted to speak at the
November 9, 1972 meeting of the Board. It was explained to Mr. Berkey
that he had not been permitted to speak on the subject of the dissolu-
2^4.? i water and sewer districts, a subject which the Supervisorand the Board felt had been sufficiently explored in pulic hearing, in
special neighborhood meetings, and in the press, and on radio. At
any rate. Supervisor Schwan advised Mr. Berkey that he was being
heard at this meeting on any subject.
Passing on to another subject, Mr. Berkey said the State audit of
Town funds showed that there was an illegal use of the water and
sewer funds in that there were not sufficient funds collected to pay
for the South Hill area. He also said there was no mention made at
he time of the dissolution of the districts of the 2^ sewer surcharge.
He said the Town mailings at the time of dissolution also indicated
possible charges based on a possible lawsuit. Supervisor Schwan
said^there was no way the Town of Ithaca could force anybody to pay
!?• t" explained that each property owner concerned inthe dissolution was mailed an estimate of what his benefit charges
would be under dissolution and under failure of dissolution. With
regard to the audit report. Supervisor Schwan said he considered the
article which appeared in the Ithaca Journal to be very explicit and
detailed and saw no reason to belabor the subject further,
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Edward L. Bergen
Town Clerk