HomeMy WebLinkAboutTB Minutes 1971-02-15r
TOWN OP ITHACA "
' REGULAR MEETING
FEBRUARY 15, 1971 '
At the^Regular Meeting of the Town Board of the Town of Ithaca,
Tompklhs County, New York, held at the Town Offices at 108 East-
Green Street, Ithaca, New York, on the 15th day of Pebruarv. 1971.
at 5:00 p.m., there were: . ?> >
PRESENT: Walter J. Schwan, .Supervisor ' :
Victor DelRosso, Councilmaji
' Noel Desch, Councilm^
Andrew W. McElwee, Cquncllmanp Robert N. Powers, Councilman
^ ALSO
PRESENT: James V. Buyoucos, Town Attorney
Peter K. Prancese, Planning Consultant
Mrs. Barbara Holcomb, Chairman, Planning Board
Donald Riker, West Ithaca Association
Eugene DeLuca, President, Eastern Heights Civic
Association '
Mrs. Carl Valentino, Eastern Heights Civic Assoc.
Hugh (Sam) MacNeil, County Representative
Norman Jordan, Eastern Heights, Inc.
Anthony Ceracche, Ceracche Television Corporation
Anthony Petito
Mrs. Roger Livesay
Vincent Pranciamone
Members of Sadio, TV, and Press
Supervisor Schwan called the meeting to order at 5*15
Supervisor Schwan made a brief statement with regard to the Ithaca
Journal s unfortunate use of the word "blasts" in its headline over
his remarks about the rate and a half the Townspeople pay for water.
of February 13, 1971). Mr. Schwan said he had no
Intention to blast anyone. His only intention was to educate and
inform the public. •
APPROVAL OP MINUTES
Councilman Desch; seconded by Councilman McElwee,
that the minutes of the Regular Meeting of January 11,
1971 be approved as presented.
j Unanimously carried.
REPORT OP COUNTY REPRESENTATIVE
Hugh (Sam) MacNeil encouraged the members of the Town Board to sup
port Assemblyman Cook*s request for support of an act to amend
Town Law in relation to excavated lands in Tompkins County, Mr.
MacNeil; said the legislation had considerable merit,
Mr. MacNeil said he felt the dog situation in the County would be
corrected in the near future. The County Representatives are in
favor df'the SPCA taking over tbe "dog warden" function in Tompkins
County. The SPCA has better means of hajidling dogs after they are
picked up. Supervisor Schwan commented that the Town Board definitely^ feels this is a County function.
! j GERACCHE TV CABLE
Mr. Eugene DeLuca, President of the Eastern Heights Civic Association,
r . . presented an informal survey of 53 Eastern Heights residents indicat
ing that 10 had no cable problem, 19..said they had some delays in
hook-ups of from two weeks to-four mo^nths. and 24 felt the cable was
off more than necessary* Mr. DeLuca/appeared uncertain what- "neces
sary* meant in this context. Mr. DeLuca said there was 'some confusion
as to the cost of initial hook-ups, re-hookups, transfers and so on.
He suggested that Mr. Ceracche might prepare a pamphlet oi* other
6
- 2 - February 15, 1971
schedule of rates, particularly for new people coming into town.
He Wanted (1) clarification of the costs; and (2) clarification
of the delays in hook-ups.
Mrs. Carl Valentino presented an article from the New York Times
saying that President Nixon's advisors had said it was unwise for
cities to grant exclusive rights to TV cable companies. ^
Mrs. Valentino said that several peoj^le in the Snyder Hill area were
having trouble with Mr. Ceracche's office people about their billing,
delays in getting service, hook-ups, etc. She then outlined her own
problems in January of 1971 — intermittent problems with poor TV
reception, delay in service, what she called broken appointments
and inconsistent statements by Mr. Ceracche's people. She commented
that after a time, in February she .%nd other people in the area were
getting a very sharp picture, and sbia wondered why it couldn't be
that way more often. Mrs. Livesay leant her.isupport to some of the
complaints outlined by Mrs. Valentino, Mr. Norman Jordan commented
that Eastern Heights,^ Inc., as a developer, had always had excellent
service from Mr. Ceracche.
Mr, Ceracche, in reply to the complaints cited, replied that the
Snyder Hill TV cable is an underground system, which although an
excellent system in many respects, is somewhat more difficult to
service and trouble more difficult to trace, particularly if there
is frost in the ground, than with an overhead system.
Mr. Ceracche indicated that with regard to Mrs. Valentino's poor TV
reception, in the end it was determined she had a set problem and
that it was not a cable problem. He said he resented the adverse pub
licity over a problem he said "di^ not exist."
Mr. Ceracche in general denied the long delays recite(| by Mrs. Valen- j
tino. He said further that his rates are stated very^^learly in the I I
franchise and they are strictly adhered to.
In answer to questions from Supervisor Schwan, Councyuaan Desch, and
Town Attorney Buyoucos about routine and regular checking of his
system — the cable, amplifiers, etc. — and how often the checking
was done and the cycle of checking completed, Mr. Ceracche had no
clear cut answers. He did^ say, however, that they did get the check
ing done, one way or another, as time permitted, and*mostly that
trouble in the equipment was best judged and determined by the calls
they got, how many they got, when they got them, and the area from
which the calls were received, and the channels compLained of. Mr.
Ceracche recited the difficulties of tracing, t^. "intermittent" type,
of trouble. He did say also that by far the^.greatef^-number of trouble
calls turn out bo be set problems than cable problemf.
Councilman Desch suggested that Mr. Ceracche might keep a log of
when calls for installations were received and when the actual in
stallation was made, and how soon trouble calls are handled after
calls are received. The Board members thought such a log would be
very useful. Mr. Ceracche felt the purpose of a log was fulfilled
by his service work orders which contain essentially this information
Supervisor Schwan told Mr. Ceracche it was not the Board's intent
to harass him, but that the Board had an obligation to the Towns
people to see that they got the very best TV service.possible. He
said the Board would very much like to see a log of when the ampli
fiers are checked and how often. The Board would recommend that
Mr. Ceracche furnish his subscribers with a rate schedule. The
Board thanked Mr. Ceracche for coming to the meeting and Supervisor
Schwan said the Board would review the franchise with' a thought
toward possible amendment-in some respects,
(Councilman McElwee left the meeting at this point.)
7
- 3 - , r- February,15, 1971
APPROVAL OF WARRANTS
Motion by Councilman Deschj seconded by Councilman Powers,
RESOLVED, that the Warrants dated February 15, 1971, in the
following amounts^fbe approved: ! . r-
General • $ 40,589.78
Highway 10,584.82
f . Unanimously carried.
TAX EXEMPT STATUS - BELLE SHERMAH PARK
Motior^by Supervisor Schwan; seconded rby Councilman Desch,
RESOLVED, that the Town of Ithaca grant the request of the City of
Ithaca.for tax exempt-status for that r^)ortion of the Belle Sherman
Park situated in the fpwn of Ithaca, .being ALL THAT TRACT OR PARCEL
OF LARD lying easterly' of the East boundary line at the City of
Ithaca and westerly of,the property; .line now or formerly of S.W.
Barnes, marked by a fence line located southerly approximately 120
feet (120') measured from the southerly street line of Mitchell
Street, as it is now laid oqt and.:used, and extending five hundred
ninety feet more or less (590') southerly along the aforesaid East
boundary to the southerly bank of a brook; being a strip fifty five
feet more or less (55*) in width, said tract of land being part of
lands conveyed to the City of Ithaca from the Ithaca School District
and shown on a map in the City Engineer's office, number E1115,
(this being an approximate description); all the foregoing being
contingent upon the above described area continuing to be a park
of the City of Ithaca and continuing to be uaeS as a public park.
' ' 'f*"
Unanimously carried.
1 PARTIAL TAX EXMP^R^FOR ^P^ OVER 65
Motion by Supervisor Schvjan; seconded by Councilman Desch,
RESOLVED, that the Tov?n Board of the Town of Ithaca hold a public
hearing at the next Board meeting, March 8, I97I,; on a proposed
local law providing for partial tax exemption of real property owned
by certain persons with' limtted income who are 65 years of age or
over, in accordance with Section 467 of the Real Property Tax Law.
.Unanimously carried.
AN ACT TO AMEND TOWN LAW - EXCAVATED LARDS
. Supervisor Schwan read, a letter from Assemblyman Constahce E. Cook,
dated February 1; I971, requesting Town Board support of an act ,
to amend town law in relation to excavated-lands in the County of
Tompkins, Town of Ithaca, Attorney Buyoucos'noted:that all we .are:
doing is supporting the addition of ne^rianguage . . . "Tompkins"
. . . "and the Town of Ithaca in the County of Tompkins . . . '»
and he pointed out further that the legislation says that the Town
^ "may" adopt an ordinance, that you have the. State power behind you.,-•
But you do not necessarily have to adopt such an ordinance.
Motion by Supervisor Schwan;. seconded by Councilman Powers, ^
RESOtiVED, that the Town Board of the Town of Ithaca lends its
j support to the proposed legislation, copy of which is attached to
these minutes.
Unanimously carried.
" ^ February 15, 1971
REQUESTS FOR REFUM)
.0 n n
Supervisor Schw^ read two letters, dated
of Eastern'HeiIhf« R. Jordan, Vice President and ManagerflL i requesting refunds with iespect to wa^r
Slg there have®bLn°L f 57-1-8.62 through 57-1-8.69, contend-
I improvements on said parcels since last year'ssessment. Supervisor Schwan commented that since the benefit rolls
NovL?er''or?Q7S S t^'Town^Board [n"' Hll^rat thP charges are based on what is on thearieast sLp n? ®re prepared. Mr. Jordan contended thatsLe weL not h.H?$ buildings on them at that time;
whetherLsofsr oo J^uap of I971. Mr. Buyoucos questioned ^bniirtfnfre T, as billing for benefit charges it mattered whether
in whiph to "■! 5u property or not and further that the 30 daysMr Jorrffln to tu® assessments had elapsed. Mr. Schwan askedno'hoiisA's Sv.f ®++ Board a list of those lots on which there arefroS Mr Tor^n tabled until such information is receivedIn his i^tton Mn ? recommendation for refund was made at this time.wL beins tflvoH contended that Eastern Heights, Inc.57!i 8 6? »n^ Kv A corner lot (citing parcelstL senarat^ lots Av ?^n pointed out that these areRoas aSs Q a being the Southwest comer of Sharleneoi" s^^aY.^o„»^of^a i Road, and 57-1-8.63 being the Southeast corner?LomendeI here. Therefore, ho reTiSS was
i-.,
V Supervisor Schwan read! a letter from Josephl!ompsroiier, Ithaca College, dated?Jahuarv 2<3 1Q71 re-
both bv®"hei^LMot^^^^A^^ ^'^® thaf thfe 'college was billed=hov)ia 5 V acreage. The Board felt that the collegeyamat a®* 3"®^ both bases. However, the amount of refundAuthoritv'^at®Tth"o'^^P * Check could be made with the Dormitory i—|oyaotf < "College to determine how much of the acreage in Iquestion.is used for dormitory nuvposes. Pending receipt of this !information, no recouimendaticr? for .refund was made.
Supervisor Schwan' read a letter,ni p Pu"' V Banner, Assistant Superinten-Ithaca City SchcoL jlLsU-ict, requesting 1 refund of taxes
nn^? ^ Parcel lo~l-2, contending that (1) no livingf K ? existence on the parcel for more than a decade, andIq ^'or over a decade and that the parceliS 1 the high school site. Supervisor Schwan, however, notedhat the parcel is hooked to the Renwick Heights sewer system andthey have been assessed for two units while the Junior High Schoolis under construction. The Board felt that since the high schoolIS under construction and that the sewer service is available andIS used for the construction, they are correctly assessed and, therefore, no recommendation for a refund was made,
Evelyn D, Dubois, Parcel 61-1-3, error in tax bill.
Motion: by Supervisor Schwan; seconded by C.ouncilman Desch, ^RESOLVED, in view of an error in the tax bill with respect to ^
3 owned by Evelyn D, Dubois, a refund in the amountof .$5,69 be made,
. Unanimously carried. 1^
APPOINTMENT !
Motion by Supervisor Schwan; seconded by Councilman DelRosso,RESOLVED, that Councilman Noel Desch be appointed as the Town ofIthaca*s representative on the Local Assessment Review Board for
the year 1971.
Unanimously carried.
9
- 5 - February 15, 1971
ROAD AND WATER LINE EASEMENT FROM EASTERN HEIGHTS, INC,
Motion by Supervisor Schwan^ seconded by Councilman Desch,
RESOLVED, that the Town Board of the Town of Ithaca accept a 60 ft,
road and water line easement from Eastern Heights, Inc. from Snyder
Hill Road across property of Eastern Heights, Inc. to the Hungerford
Hill 500,000 gallon standpipe site, subject to approval of the
^ description and conveyance by the Town Attorney.
' Unanimously carried.
The water main that serves the Snyder Hill district is within the
easement. In the event Eastern Heights, Inc. developers wish to
build a road in this area which would be deeded to the Town, it
would be constructed within the 60 ft. easement.
VILLAGE CONTRACT - HANSHAW ROAD SEWER DISTRICT
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the Town of Ithaca revise its contract with the
Village of Cayuga Heights with respect to the Hanshaw Road Sewer
District to include the language , . . "The Town agrees to comply
with all xnles and regulations of the Village relating to sewer ser
vice and connections thereto as now existing and from time to time
amended and such rules and regulaLlons shall be binding upon the
Town and all users within the district except insofar -as such rules
and regulations may be inconsistent with the express provisions of
this contract. The Village also reserves the right to deny connec
tion to the sewer , systeml^lf. au^ person :draining any. commercial sew
age, gasoline, oil, acids, or any other volatile or objectionable
material into the-said sewer system in the discretion of the Village
— engineer."
!) Unanimously carried.
The foregoing language brings contract into more uniformity
with the Northeast Sewer District contract and other sewer district
contracts with the Village.
REPORTS
Planning Consultant peter Fra:jC':::i0 reported that there is ccnoi%der-
able water run-off from the nev .1 thaca College dormitories through
a culvert under the Coddington Road across the property of people
on Kendall and Pennsylvania Avenues through the City water shed, and
he believed that complaints may be received.
Mrs. Holcomb, Planing Board Chairman, reported that the" Planning
Board feels we need to have posting of road entrance signs oh the
Coddington Road where the new access road comes down from the Ithaca
College campus. The 40 miles per hour speed limit sign Is only 10
feet before you get to the road. Peter Francise is going to take a
look at this cofnef and talk it over with Howard Stevenson. After
this a letter should be written to. the College and to Howard Steven-
son with respect to the blindness of the corner.
Peter Francese is arrarigihg a meeting of the Planning Board and the
n Town Board about the Zohihg Ordinance for February 23, 1971. Mr.
Prahcese will brief any of the Town Bpard members who cannot attend
^ ' this meeting. He would like to get Planning Board and Town Board;•
approval of the Zoning Ordinance at the same time and present a com
plete document at the final hearing.
Town Attorney BuyoUpos reported the filing of an appeal on the
Appellate Court rulijhg which allowed Robed Lucente to rent to more
than three unrelated persons in his Sapsucker Woods Road development.
The new action is with respect to the occupancy of the' premises under
the most recent definition of a family.
10
- 6 -February 15, 1971
Supervisor Schwan reported that we are havin^v.a prob^m up in the
Pinewoods Road area of water coming out of-it^e woods; behind the
present houses. At the time Birehwood Road ;was approved the Planning
Board required a 30 foot culvert from the intersection, of the creek
around the^book in Biychwood and the cre^fc would go back lots. We'^
seek action.which would compel the subdivider to comply with the con
ditions of approval he agreed to with the Planning Board -- that the
creek would be behind the houses. Mrs. Holcomb is to research the
Planning Board minutes and furnish Attorney Buyoucos with background
information so that,he may take whatever steps are required.
Councilman Desh noted tiiat Mayor p'ohns had appointed him to the Youth
Bureau Advisory Board?.without hik .fore-knowledge. Mr. Desch said _
the meetings are.held at 8:00 o'clock in the morning and he is unable
to attend those meetings. Mr. Desch said, however, that the Board
of Town of Ithaca should be represented and requested that the Board
recommend somebody else. Mrs. Holcomb will check to see if there is
anyone on the Planning Board who can serve in this capacity in Mr. .
Desch's place.
The meeting adjourned at 7:30 VA'..
Jiidward Bergen
I'own Clerk
/.I