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 .
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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
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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