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HomeMy WebLinkAboutTB Minutes 1966-10-03 .114 APPOINTMENT - TOWN COUNCILMAN Councilman Baker offered the following resolution and moved its adoption : WHEREAS , a vacancy exists in the office of Councilman in the Town of Ithaca , County of Tompkins because of the resignation of Franklin C . Bishop who was elected November 2 , 1965 for a term of four years from the first day of January , 1966 , NOW THEREFORE , in pursuance of the power vested in us by Section 64 , Subdivision 5 of the Town Law , we , the duly elected members of the Town Board of said Town , do hereby appoint Harry N . Gordon of , said Town to fill the vacancy existing in such office of Councilman . Such appointment is effective immediately and the said Harry N . Gordon shall hold such office until December 31 , 1966 ; Seconded by Councilman Mayer . • Ayes - Kerr , Baker , Mayer and McElwee Noes - 0 Carried . The meeting was adjourned. at 7 : 00 o ' clock P ,M . Evelyn S . Fuess Town Clerk October 3 , 1966 The special meeting of the Town Board of the Town of Ithaca was held a. t '4 : 00 o ' clock P . M . , Monday , October 3 , 1966 at the Town of Ithaca Offices , 108 E . Green St . , Ithaca , N . Y . Board. members present were : Supervisor William Be . Kerr ; Councilmen Harry Baker , Joseph N . Mayer , Jr . , Andrew W . McElwee and Harry N . Gordon . Also present were : Highway Sup ' t . Marion Morey , Justice Fred. Hartsock , Planning Board Chairman Noel Desch , Attorney Walter WlFgins , Mr . Reulein , Mr . Vasse , Town Clerk Mrs . Fuess and eight persons interested in the rezoning of the Reulein property . PUBLIC HEARING - REZONING OF THE REUIEIN PROPFRTY The public hearing on the rezoning of the Reulein property along the Trumansburg Rd . was held at 4 : 00 o ' clock P . M . Supervisor Kerr called the hearing to order . Proof of publication and posting were presented . Present were Mr . Reulein , Mr . Wiggins , Mr . Vasse . and eight residents of the area interested in the rezoning . Mr . John Vasse opened the hearing by explaining the location . The property to be rezoned. is on the lower side of Rt . 96 ( the Trumansburg Rd . ) across from the intees6otion of the Bundy Rd . It is a. lot containing approximately 5 . 87 acres . The basis for rezoning is hardship . There is a sewer line running across the property diagonally and the property is on a side hill . This prop - osal would mean the construction of 221 story garden type apartments . The apartments would be built so that the view would not be cut off in any apartment . The buildings will be around the sewer line • and the builder will build ' a new sewer pump house on the lower corner of the development and connect back to the line . Attorney Walter Wiggins presented the plot plan . The develop - ment would include approximately 84 units or 11 buildings with 7 units each with some capable of being added to . The two story construction would not conflict with the tenor of the neighborhood . S . Carolyn Marsh of 1129 Trumansburg Rd . said she was anxious to have the area remain residential . She said she approved of this type of development more than the high rise , but even this type of development would bring more cars , more traffic , etc . . She said she was here to listen , but she did want to keep the area resident - ial . Mrs . Sanders Who lives at 1201 Trumansburg Rd. . ( immediately adjacent to the property in question ) asked why the zoning should be changed . She objects to the development and said that she had counted the cars on Rt . 96 that day for a period from 7 : 30 to 7 : 45 AM going only one way and counted 182 cars . Traffic would be a problem , she said . 115 Attorney Wiggins said that when the Zoning Ordinance wa. s written that instead of designzting multiple residence areas the authors felt ' that such problems should - be considered on their own merit as the occasion arises . The Planning Board hwo considered this proposal felt that this land is a good place for multiple residence dwellings . Mrs . Goldsmith , Mgr . of the Lakeside Nursing Home asked when - nd where the new road ( Rt . 96 ) will come through . Mr . Kerr replied. that she knew the answer as well as he since noone seems to know where it will be . Mrs . Davis who lives at 1221 Trumansburg Road said she was interested in the future of Zoning in the town . The town rezoned. land for the nursing home and Mrs . Davis stated that she lost a Food neighbor because of it . Mr . Fred Hartsock said that he adjoined the property in question and felt that because of rising taxes we need thi 's development . It will add $ 500 - .$ 700 , 000 . in assessment . Mr . Hartsock stated that he had objected to the 'hi - rise apartments proposed before and had circulated petitions against such , but the petitions had stated that the persons who signed were against hi - rise , but that 22 story apartments were not objectionable . Officer , Fisher , a new owner at 11 Hillcrest Drive said that he had just purchased the McAllister house at the end of Hillcrest Dr . and liked. the location because it was private . He questioned. how close to him this new development would be . Supervisor Kerr stated that Hillcrest Dr . was not wide enough to accept as , af . Town Road and to wide it the bank toward the Trumansburg Rd . would have to - be cut away and, that probably wouldn ' t happen very soon . The present proposal does leave a road exit that would tie in with Hillcrest Dr . should it ever be desired , however . Attorney Wiggins stressed that they are applying for a zoning change , not a variance . The Planning Board after full consideration recommended such a change . justice Hartsock once more stated that the petition circulated before said the area residents were not against multiple residence , ' but only against hi - rise apartments . Mr . Seville Reulein° who owns the property said. he felt there -is a. need for this development and that it would be a nice a.ddition to the community . The traffic problem could increase wherever the bull- ding might occur - it could increase even if the building is done in Trumansburg . Mr . Vasse said that both ' Dick Perry who owns land across from this proposed. development and Mr . Frank Liguori who lives on the corner of Bundy Rd . and Fat . 96 are not opposed . Supervisor. Kerr said that a decision will be .reached after the pros and cons are considered . Mr . Desch stated that a. town can zone two ways - either by setting aside multiple residence zoning ahead of time , or by considering each new development on its own merits . Mr . Kerr closed the public hearing at 4 : 30 P . M . TV FRANCHISE Attorney Walter Wiggins and Anthony Ceracche were present to discuss with the Board a new TV franchise for the Ceracche TVi Corp. oration . Mr . Wiggins stated that they had met with Village of • Cayuga. Heights officials and discussed - the issue of new channels ; term , rate , etc . and the village has requested Mr . Ceracche to proceed to install and provide 12 channel TV to new customers . The Village does not seem to be opposed to a franchise without a term . Problems exist for short term franchise and the question comes up as to the Town Board objections to term and how those objections can be resolved . Supervisor Kerr replied that the present franchise now has four years to run and at a former meeting Ceracche was requesting a new franchise . The term must be of mutual benefit and. the franchise should specify quality etc . which are hard to write and administer . A shorter term guarantees reopening of considerations , but you don ' t want to come back to the Board with requests and we don ' t want to make you come back . Your company may change ownership and the town and village boards can change too . Term ; and rate have a relation- ship . The hookup rate should be changed . As to quality a state - ment can be , worked up . The rate of franchise fee paid should be considered and the hookup charge should be reviewed . There also 116 should be al! way to check on income . Attorney Wiggins stated that the condition in the franchise states that ',' cancellation may be made with 60 days notice protects the town . He stated that after they appeared before the Town Board in !?arch Fir , Ceracche has had to work on short term financing and would not be able to get the financing he needs with a. franchise to expire in ten years , Supervisor Kerr asked the Board members if they had any questions and Councilman Mayer asked what procedure Mr . Ceracche would use for a rate change . Mr . Cerbcche replied that he would have to appear before the Board and prove his costs warranted a change in rate . Supervisor Kerr then asked the Board how many agreed that an unlimited. term with the 60 day cancellation basis couldr% be acceptable . All of the Board members answered yes , they agreed . Councilman McElwee felt , however , that there might be troubles regarding the 60 day cancellation clause . He felt the clause is no protection , and Planning Board member Walter Schwan agreed that the 60 day clause Is no weapon because the television corporation is not a. public utility . In discussing a possible ownership change , Supervisor Kerr stated that a transfer by sale could cause a review by the Board . Mr . Ceracche said that he would. only want to sell. to someone who would performe' Supervisor Kerr once more brought up the subject of the basis of a. rate change . Attorney Wiggins replied that the only rate Increase would be based on increased cost and the TV Corporation ' s figures would be brought to the Board for approval . Councilman Mayer asked , what guarantee the town would have that a denial of a. rate increase would not ' affect the quality . Attorney 'Wiggins stated thatlthe burden would. be on them to Prove they needed and warranted. a. ' change . Supervisor Kerr offered the following resolution and moved its adoption4, RESOLVED that the Town of Ithaca prepare a new TV contract to include thejlfollowing provisions : ( 1 ) An indefinite term , but with a 60 day cancellation clause . ( 2 ) A � basic installation charge of t25 . for 150 feet and a. pro- rated charge for an excess of 150 feet . A $ 10 * flat fee for changing an installation would be charged . ( 3 ) Rate increases will be considered by the Board if the TV Corporation can prove to the Board ' s satisfaction that the increased costs warrant increased rates . (4 ) The quality shall be at least the average maintained. In the State . ( 5 ) The franchise is personal to the grantee . Seconded by Councilman Mayer Ayes - ; Kerr , Mayer , Baker , McElwee and Gordon Noes - ', O Carried , APPROVAL OF ! MINUTES Councilman Mayer offered the following resolution and moved Its adoption : RESOLVED that the minutes of the September 12 , 1966 meeting be approved. ; Seconded by Councilman Baker Ayes - Kerr , Mayer , Baker , Gordon and McElwee Noes - '10 Carried. . APPOI-,ITMENT I - DOG ENUMERATOR Supervisor Kerr offered the following resolution and moved its adoption : RESOLVED that Mrs . Joyce Munn be appointed as dog; enumerator for the Town of Ithaca for 1966 , Seconded by Councilman Baker Ayes - ( Kerr , Baker , Mayer , Gordon and McElwee Noes 0 Carried. ., INVENTORY OF HIGHWAY MACHINERY TOOLS AND E - UIPMENT Pursuant to Highway Law , Section 142 ( 3 ) , Sup ' t . �c,f Highways , Marion Morey filed an inventory of highway machiner , tools and equipment . IThe following recommendFtion was made by Mr . Morey for the purchase of new machinery . ( 1 ) Anew or good used. backhoe . ( 2 ) Trade the small four wheel drive truck . in on a. larger one . 17' The Supervisor ' s Monthly report was filed . YOUTH CENTER CONTRACT Councilman McElwee offered the following resolution and moved its Cdoption : RESOLVED that the application for the New York State Youth Bureau Project for' 1967 be approved , and that Supervisor Kerr be authorized to sign an agreement with ' the City of Ithaca for the operation of the Ithaca Youth Bureau for the calendar year 1967 . Seconded by Councilman Mayer Ayes , - Kerr , Mayer , Esker , Gordon and McElwee Noes 0 Carried, ASSESSOR Supervisor Kerr offered the following resolution and moved its adoption : WHFRFAS , the services of former town Assessor , Robert J . Wells . have been terminbted as of October 1 , 1966 now , therefore BE TT RESOLVED , that Don Franklin is hereby appointed to serve as Town of Ithaca Assessor effective immediately . Seconded by Councilman . Mayer Ayes - Kerr , Mayer , Baker , Gordon and McElwee Noes , - 0 Carried , BUDGET Budget summaries from each department were raresented and discussed by the Town Board. . The Preliminary Budget was prepared and will be considered for adoption at the meeting of the Board to be held on October 10 , 19660 REUL' EIN RFZONING Supervisor Kerr offered the following resolution and moved its adoration : RESOLVED , the- t the Reulein property ( Passel designated as 26 - 4 - 33 can Tax Maps , � Town of Ithaca ) be rezoned from Residential to Multiple Residence . Seconded by Councilman Mayer Ayes :, - gayer , McElwee Noes - Kerr , Baker and Gordon Denied TOWN CLERK INTERVIEWS The Clerk was directed to contact the applicants for the position of Town Clerk and set up interviews4for, . the October 10 , 1,966 meeting . The meeting was unami'bously adjourned at 7 : 50 P . M . Evelyn S . Fuess Town Clerk October 10 , 1966 The regular meeting of the Town of Ithaca Town Board was held at 4 : 00 P . M . , October 10 , 1966 at the Town of Ithaca Offices , 108 E . Green Street , Tthaca , New York . Board members present were : Supervisor William B . Kerr ; Councilmen Baker , Gordon and McElwee . Also present were : Highway Supt . Marion Morey ; Attorney James Buyoucos , James Dunlap , Leonard Liberman, Attorney Wiggins , Jerry Langdon , Mrs . Cotts , a representative from WTKO , and Town Clerk Mrs . Fuess . APPROVAL OF 'YINUTES Councilman Baker offered the following resolution end moved its adoption : RESCLVED th2t the minutes of the Cctober 3 , 1966 meeting be approved as mimeographed . Seconded by Councilman Gordon Ayes " - Kerr , Gordon and Baker Noes - 0 Carried . i P E IMINARY BUDGET Supervisor Kerr proposed one change in the budget as con- sidered. by ", the Town Board at the October 3rd meeting . He asked that the amount of $" 2000 ., be appropriated as the Town ' s share in the Greater Ithaca. Regional Planning Board . A letter from Frank A . Liguori , Chairman of the Greater Ithaca, Regional Planning Board outlined a plan whereby the GIRPB would employ the services of a. professional planner who would be available on a. consultant basis to municipalities who participate in the Regional Board . The Regional Board has ' sufficient funds to finance the plan for one year and Supervisor Kerr felt the town should also participate for at least a year . The Planning Board ' s budget was adjusted as follows : $ 2000 , to Regional Planning Board ; $ 500 ., for expenses for the Town Planning Board and X5000 . to the Town Planning Board to allow for an advanced 701 Master Plan for the town . Supervisor Kerr offered the following resolution and moved its adoption : RESOLVED that this Town Board does hereby prepare and approve asl' a. Preliminary Budget of this town for the fiscal year beginning on January 1 , 1967 , the itemized statement of estimated, revenues and expenditures as prepared ; a copy of which is made a part of these minutes and • BE IT FURTHER RESOLVED , . that this Board shall meet at 4 * 00 o ' clock P . M . on Thursday , November 10 , 1966 at the Town of Ithaca. Offices , 108 E . Green St . , City of Ithaca , for the purpose of hearing any person for or against any item or it .ems therein , and BE IT ' FURTHFR RESOLVER , that the Town Clerk shall give notice of such public hearing in the manner provided. in Sect . 113 of Town Law , and that such notice shall be posted and shall be published in the Ithaca Journal at least twice . Seconded by Councilman Gordon Ayes - Kerr , Baker , Gordon Noes 0 Carried . WORKMEN ' S CCYPENSATION PLAN AI' letter from Robert I . Williamson , Administrator of the Compensation Insurance for Tompkins County advised the Town of the Amount of compensation insurance to be paid in the year 1967 to the private carrier ( $ 1500 . to the Glen Falls Insurance Co . ) and for the continuation of the old Mutual Self insurance Plan ( 5 , 252 . 4. 2 ) . Supervisor Kerr said that the County would assume the amount due under the old plan and that the town would be responsible for only the portion due the private carrier . Councilman ' McElwee arrived . HEARINGS ON SPECIAL DISTRICT ASSESSMENT ROLLS - SCHEDULING OF Supervisor Kerr offered the following resolution and moved its adoption . WHEREAS , the Town of Ithaca has prepared assessment rolls of the parcels of land included in the following Special Improve- ment Districts . South Hill Ext , Water District - East State St . Ext . Water District Northeast Water District Henshaw Road Sewer District Renwick Heights Sewer District Northeast Sewer District and hCs apportioned and assessed upon such parcels of land in proportion to the amount of benefits the improvements shall confer upon the same , the costs chargeable to said. districts in connection with : the construction of public water and sanitary sewer systems therein which are payable in the year 1967 ; now therefore u BE IT RESOLVED that the Town Board will hold a public hear- ing thereon at the Town Offices , 108 E . Green St . on Thursday , f d