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HomeMy WebLinkAboutTB Minutes 1980-06-09 L/ TOWN OF ITHACA TOWN BOARD MEETING June 9 , 1980 - 6 : 45 P . M . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held on the 9th day of June 1980 , at 6 : 45 p . m . , at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , there were PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Catherine Valentino , Councilwoman Henry McPeak , Councilman Victor Del Rosso , Councilman Marc Cramer , Councilman ALSO PRESENT : James Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Henry Aron , Planning Board Chairman Montgomery May , Planning Board Vice - Chairman Beverly Livesay , Board of Representatives , Gust Freeman , Board of Representatives Celia Bowers , 1406 Trumansburg Road M . David Jennings , Youth Bureau Representative Bruce Wilson , Attorney for WVBR Nancy Fuller , Deputy Clerk Representatives of the Media : Matt Leone , Ithaca Journal Michile Van Buren , WTKO Eva Raimon , WHCU Robert M . Lynch , WTKO Dan Geller , WVBR PLEDGE OF ALLEGIANCE VThe , Supervisor led the assemblage in the Pledge of Allegiance . Supervisor Desch noted that two Board Members , namely Victor Del Rosso and Marc Cramer were at the Board of Assessment Review and would join the meeting after 8 : 00 P . M . ® SIGN APPLICATION ® Indian Creek Antiques The Town Engineer Lawrence Fabbroni stated that Mrs . Celia Bowers , of 1406 Trumansburg Road had purchased a part of the Indian Creek Fruit Farm . Not included in the purchase was the big barn or the fruit stand . Mrs . Bowers would like to sell antiques in the house . Mr . Fabbroni further stated there were no close neighbors . The sign proposed by Mrs . Bowers was 7 ' x 4 ' 4 " . The Planning Board recommended a reduction , . the _ sign not to exceed 24 square feet . Because of the slope of the land , it will be impratical to place the sign right in front of the premises , as it cannot be seen from the road . Mrs . Bowers noted the area has been approved as a business zone by the Zoning Board of Appeals . She further noted that under the new sign ordinance , the sign would have to be removed in five years . However , _ she needed the sign now for exposure to the public . Town Board Minutes - 2 - June 9 , 1980 Councilwoman Valentino asked why the sign was non - conforming now ? Town Engineer Fabbroni answered , saying it was a non - conforming sign because of the size . RESOLUTION NO . 93 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby grants a variance contingent upon the removal in five years , for the non - conforming sign of Celia Bowers of 1406 Trumansburg Road , as rec - ommended by the Planning Board , ® AND FURTHER BE IT RESOLVED , that the sign shall not exceed twenty - four square feet . ( Desch , Kugler , Raffensperger , Valentino , and McPeak voting Aye . Nays - none ) . SALARY ADJUSTMENT - ACCOUNT CLERK - TYPIST Supervisor Desch stated that the Personnel Committee had met with Mrs . Sally Alario regarding the increase work load of her job . The Committee recommended that Mrs . Alario ' s salary be increased to $ 10 , 500 retroactive to May 1 , 1980 . RESOLUTION NO . 94 Motion by Supervisor Desch ; seconded by Councilwoman Valentino , RESOLVED , WHEREAS , the duties of the Accout / Clerk Typist ( Mrs . Alario ) having changed significantly since the position was created in 1978 , including employee transactions mandated by the State and other agencies , NOW THEREFORE , BE IT RESOLVED , on the basis of the Personnel Committee recommendation , that effective May 1 , 1980 , the salary for the position shall be increased from $ 9 , 300 to $ 10 , 500 . ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye . Nats - none ) . CASH PAYMENT IN LIEU OF PERFORMANCE BOND - GIORDANO CONSTRUCTION Supervisor Desch noted the Giordano Construction & Supply Company of Ithaca had offered cash as security in lieu of a performance bond for the repainting of the Town Hall . ® Town Engineer Fabbroni stated the Town Attorney James Buyoucos would draw up an instrument to accept cash in lieu of a performance bond . RESOLUTION N0 , 95 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , WHEREAS , on April 3 , 1980 , bids were received for the paint - ing of the Town Hall exterior for the Town of Ithaca , New York , and WHEREAS , V . Giordano Construction & Supply Corporation was awarded the bid for the constract sum of $ 13 , 500 , and WHEREAS , the proposal , contract and specifications for the repainting of the Town of Ithaca , Town Hall requires a Performance Bond and a Labor and Material Payment Bond , and WHEREAS , V . Giordano Construction & Supply Corporation has offered cash as security with appropriate access , liquidity , and term to be Town Board Minutes - 3 - June 9 , 1980 determined by the Town Attorney in the full amount of $ 13 , 500 in lieu of the Performance Bond and a Labor and Material Payment Bond , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute a guarantee agree - ment or change order related to such a substitution ; that such guarantee agreement or change order shall be prepared or reviewed by the Town Attorney and such conditions and provisions as the Town Attorney shall recommend . ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye . Nays - none ) . EXTENSION OF SEWER LINE TO 122 VALLEY VIEW ROAD Supervisor Desch noted that he had received a letter from Mrs . Lucy H . King of 122 Valley View Road expressing interest in an extension of the sewer line to her property . The Supervisor noted that the Town was well within budget on the sewer project . He further noted , that he did not feel the Town should pay for the return of equipment already removed from the project . Town Engineer Fabbroni noted that the Town was talkin about an addi - tional 330 feet of sewer line at a cost of $ 5 , 000 to 6 , 000 to serve three more properties , which would add about four benefit units . He felt the De Groff property could be reached from a better way . Supervisor Desch said the basic question is , do we wish to do further work . He noted that the contractor still has clean - up work to perform . Councilwoman Raffensperger asked if Mrs . King would be requested to pay more to have the service installed ? Town Engineer Fabbroni answered no , only for return of equipment . RESOLUTION N0 , 96 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , WHEREAS , on October 23 , 1979 , bids were received for the construction of sanitary sewer extensions for the West Haven Road , Valley View Road and Slaterville Road for the Town of Ithaca , New York , and WHEREAS , on October 30 , 1979 , the Town Board of the Town of Ithaca ® awarded the bid for construction to Stan Payne Construction Company , Inc . , for the contract sum of $ 67 , 875 , and ® WHEREAS , to date approximately $ 64 , 000 is anticipated as charges for work completion with $ 57 , 981 . 95 having been paid or retained , and WHEREAS , to date approximately $ 80 , 000 is anticipated as total charges for completion , and WHEREAS , on September 17 , 1979 , the Town Board approved a budget of $ 100 , 000 , and WHEREAS , Mrs . King of 122 Valley View Road has now requested extension of the sewer line to serve her property , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute any required change order to perform the extension requested under the established unit prices of the above contract provided , Mrs . King agrees to pay any additional charges for returning equipment to the site . Town Board Minutes - 4 - June 9 , 1980 ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW REGULATING SIGNS IN THE TOWN OF ITHACA Proof of posting and publication of notice of public hearing to consider the adoption of a local law regulating signs in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the hearing . The Supervisor stated that the Town was considering the updating of the Sign Law . Some parts of the new proposed Sign Law are complicated . He further stated that the Planning Board looked at the basic approach , then came back with revisions , not only administrative but for special problems . Supervisor . Desch then stated that Montgomery May , Vice - Chairman of the Planning Board would give an overview of the differences between the old Sign Law and the proposed new Sign Law . Montgomery May stated that basically the old ordinance was good , except it was difficult to administer it . Recommendation and approval by the Planning Board was required , then approval by the Town Board . Now , conforming signs can be approved by the Building Inspector . The Planning Board is the review and approval board for non - conforming signs . Councilwoman Raffensperger asked what percentage of signs would be non - conforming under the new ordinance ? Mr . May noted that the Building Inspector Lewis Cartee was preparing a list of signs which would become non - conforming under the new ordinance . Mr . May further felt that there was a definite need for the Town Board members to think about the schedule for removing non - conforming signs . Town Attorney James Buyoucos stated that inorder to look at the schedule for removal of non - conforming signs inregards to considering a workable schedule , it would be necessary to know what effect it will have on the people . He further stated , that something like this works well , if you have a clear picture of what signs are effected . Supervisor Desch suggested another approach was to consider requiring removal of non - conforming signs at the time they need to be replaced and also to set a maximum time limit of five , seven and ten years for removal . Town Attorney Buyoucos asked , if a man has a sign which is two years old , the sign needs to be replace , however , the man has three years left , time wise . If the man is requested to remove the sign because of condition , can this man appeal before removing the sign ? ® Henry Aron said it would be a non - conforming sign and could be appealed . He further noted that a time stipulation can be noted on a variance to overcome this . Upkeep of signs are noted in section 8 . 01 - 4 . Town Engineer Fabbroni stated that the biggest problem with the new sign ordinance is that any variance granted in the past , will now require the people to reapply for a new variance . Supervisor Desch noted that people have been very cooperative in bringing their signs into compliance and he would like this atmosphere to remain . Henry Aron felt that in time , the Town would have a uniform conformity in signs . Mr . May noted that the process for dealing with hardship or obstacles had been simplified in the new ordinance . Town Board Minutes - 5 - June 9 , 1980 Mr . Buyoucos asked , if a sign is in good condition , why take it down ? Councilwoman Raffensperger said because it is not in conformance . Mr . Buyoucos then asked why five years was chosen ? Mr . May stated that five years is usually the life of a sign . Also , figure was taken from another ordinance . Councilwoman Raffensperger asked if a flat five years was discussed ? ® Mr . May noted that a flat five years was discussed , however , the schedule proposed seemed a fairer way . Mr . May noted that the Sign Review Board would review any sign in access of 25 % . Mr . Buyoucos asked what numerically does 25 % mean ? Mr . May answered 25 % over the allowable square feet of a sign . Mr . Buyoucos asked if the Sign Review Board said no to a variance , can the person then go to the Zoning Board of Appeals ? Mr . May answered yes . Mr . Buyoucos noted the new ordinance stated the Sign Review Board can make changes as necessary , what changes ? Mr . May answered by saying , changes in size . Mr . Buyoucos questioned the possibility of people putting up obscene signs . He felt the language in the proposed Sign Law needed sharpening up . Town Engineer Fabbroni noted that it takes a lot of time to become familiar with the list of non - conforming signs . He speculated there would be forty non - conforming signs under the new ordinance . Supervisor Desch felt there was a need to identify the non - conforming signs . Mr . Fabbroni noted that in a residential zone , a sign of two square feet was allowed . He further noted that ten to fifteen signs were approved by the Town Board in the last few years . RESOLUTION N0 , 97 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , ® RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing on the proposed local law to regulate signs in the Town of Ithaca , ® AND FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on July 7 , 1980 , at 7 : 00 p . m . , at the Town Offices at 126 East Seneca Street , Ithaca , New York , with regard to the proposed local law to regulate signs in the Town of Ithaca and to consider the adoption of a local law in this regard . ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE ZONING ORDINANCE REGARDING THE GENERAL RESTRICTIONS OF THE HEIGHTS OF BUILDING AND STRUCTURES IN THE TOWN OF ITHACA Town Board Minutes - 6 - June 9 , 1980 Proof of posting and publication of notice of public hearing to consider the adoption of an amendment to the Zoning Ordinance regarding the general restrictions of the heights of buildings and structures in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch read the proposed amendment to the Zoning Ordinance on height restrictions , as follows : In residential Zones R- 9 , R- 15 , and R- 30 , no building or struct=ure shallbe erected , altered or extended to exceed feet in height . In Agricultural Zones , no residence building or structure shall_ be erected , altered or extended to exceed feet in height . There are excepted from this provision , silos whicE will not exceed feet in height , barns which shall not exceed feet in height , and or other buildings in an Agricultural Zones , which shall not exceed feet in height . For purposes of this provision , the height of a structure shall_ be measured from the floor in contact with the ground surface . Councilman Cramer wondered if the Town Board could restrict heights to Agricultural Districts . Councilman Raffensperger felt the amendment might not be allowed and suggested non - agricultural be added , to read " building or non - agricultural structure . " Montgomery May noted most silos are prepackaged and usually are 40 ' tall . Supervisor Desch asked about side yard requirements . David Jennings remarked that a lot of interest is being shown in windmills for private homes . Windmills are 40 ' high . Are you not going to permit these ? Attorney Buyoucos noted this was a valid point . He said perhaps the board would want special permits written into the amendment . He questioned if the Board would or would not compound troubles , at a later date , by putting no requirements on height in the amendment . He felt side yard requirements were definately needed . Mr . Fabbroni said he felt side yard requirements and height of structures were most important . He felt each situation was different , the distance might need to be 50 ' or 150 ' . Supervisor Desch asked what the Board felt was a fair height figure . Town Engineer Fabbroni stated he felt 30 ' seemed reasonable . Mr . Aron agreed with Mr . Fabbroni ' s idea of 30 ' , if you measure from the ground up . You measure from the ground level of a building; and the basement is half below ground , measure 30 ' on the upper side . It will be necessary to determine a percentage of below and above ground . He felt 30 ' allowed enough flexibility to build . Supervisor Desch felt 32 ' was a more flexible figure . He questioned the line of measurement . Town Attorney Buyoucos stated that he , Larry Fabbroni and Henry Aron would work out the language . Gust Freeman asked if the Board was ruling out a three story house ? Supervisor Desch said no . Three floors at 8 ' each still leaves a sizable plus to work with . Mr . Jennings noted that he had been in modern houses with four terraces , Town Board Minutes - 7 - June 9 , 1980 these houses being built on a cliff . The entrance was 30 ' above the cliff . Mr . Fabbroni stated this would be ' a special situation and would be given a variance . Town Attorney Buyoucos stated he would be happy if somebody would re - write the amendment and submit it to him . Include in the rewrite , boundaries of measurement . RESOLUTION NO . 98 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing on the proposed amendment to the Zoning Ordinance regarding heights of buildings and structures in the Town of Ithaca , AND FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on July 7 , 1980 , at 8 : 00 p . m . , at. the Town Offices at 126 East Seneca Street , Ithaca , New York , with regard to the adoption of a proposed amendment to the Zoning Ordinance regarding the general restrictions of heights of buildings and structures in the Town of Ithaca . ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye .. Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA TO PROVIDE FOR THE ERECTION OF RADIO TRANSMISSION TOWERS IN AN AGRICULTURAL DISTRICT Proof of posting and publication of notice of public hearing to consider the adoption of a Local Law amending the Zoning Ordinance of the Town of Ithaca to provide for the erection of radio transmission towers in an Agricultural District in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch read the following letters from Frank R . Liguori , Tompkins County Commissioner of Planning and Robert A . Lynch , Operations Manager of WTKO : June 1) , 1980 Jean Swartwood , Clerk Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 ® RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASE : Amendment to Zoning Ordinance regarding radio trans - mission towers . Dear Mrs . Swartwood : This will acknowledge the receipt of your proposal for review under Section 239 -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . Sincerely , Frank R . Liguori Commissioner of Planning Town Board Minutes - 8 - June 9 , 1980 317 North Aurora Street Ithaca , New York 14850 June 4 , 1980 Mr . Noel Desch Supervisor Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Mr . Desch , Attention is hereby directed to Proposed Local Law # 3 ( First Draft ) , ® submitted the Ithaca Town Board , at Public Hearing , on May 12 , 1980 ( an Amendment to the Town Zoning Ordinance which would provide for the erection of Radio Transmission Towers in an Agricultural District ) . As we are all aware , this proposal was drafted in response to the Cornell Radio Guild ' s ( d / b / a / , WVBR) request to construct a trans - mitting tower and building at , or near , 241 Bundy Road , within a designated Agricultural District , Since February of this year , at the outset of discussions regarding .this tower request , it has been our position to neither support nor oppose the Guild ' s proposal . Our only concer has been . . . and continues to be . . . that the Town of Ithaca , through its Zoning Ordinance , provide fair and equitable treatment for all parties . . . in this instance , all broadcasters . With this in mind , we wish to go on record as being opposed to Local Law # 3 , particularly as it would restrict tower construction to Agricultural Districts only . We maintain such a restriction is abritrary , capricious , illogical , unreasonable , discriminatory and , hence , illegal under New York State Law . We further assert such is , contrary to the best interests of the Town , its residents and the broadcasting community . Our agrument is based as follows : Due to the unique nature of our service , broadcasters lack the locational flexibility enjoyed by most other businesses . Engineering constraints and Federal regulation limit our options in site selection . Unlike other concerns , we cannot move " willy - nilly " searching for a site in an acceptable zone . Rather , there may be but one or two locations allow - able from an engineering standpoint . Should an arbitrary zoning law flatly prohibit consideration of said limited sites , we , as broadcasters , would have no choice but to abandon the prospect of construction . By the same token , should a broadcaster be fortunate enough to " luck into " an acceptable zone , ( as would WVBR in this case ) , then that broadcaster would face no obstacle in his construction persuits . We feel arbitrary locational restrictions would tend to give one broad - caster an unfair competetive advantage over another . Secondly , we point to the provisions of Proposed Local Law # 3 which would permit radio tower construction only under Special Permit . As was stressed by Town Attorney Buyoucos , the amendment would make towers permissible under Permit , but would , in no way , guarantee that any such construction requests would be approved . Review of individual Permit requests would lie with the Board of Zoning Appeals , which would reserve the right to reject any or all requests based upon circumstances unique to the case and sentiment of the neighborhood . In view of this painstaking review process , envisioned under the proposed Amendment , we maintain the community ' s welfare and wishes would be adequately safeguarded , without the need to resort to arbitrary restrictions limiting towers to certain zones only . Town Board Minutes - 9 - June 9 , 1980 Finally , it is our view , the Town ' s proposal for signling out Agricultural Zones , in the placement of towers , defines reason and the logic of common sense . The Town ' s Zoning Ordinance states that: , in an Agricultural Zone , " building and land may be used only for any lawful farm purpose , for a riding academy or for any use permitted in a Residence District R- 30 . " It would seem highly inappropriate to situate a broadcast facility , an obvious commercial entity , within an otherwise residential or agrarian neighborhood . Instead , it would seem more logical to confine such broadcasting stations to a Business or Industrial zone , in which the activities would be much more homogeneous . ® From our observations , it would appear the Town of Ithaca Board and its Attorney are attempting to fashion a solution to fit the instant case , without regard for the longer range consequences nor for the concerns of other broadcasters . We cannot help but contract the present. cooperative overtures to the cold and unsympathetic stance taken by the Town when our station ' s tower request was under review a decade ago . True , times change , as do personalities . We only trust there is no attempt by the Town and the Guild to inter into a " sweetheart deal . " As we stated at the May 12 Hearing , WTKO wishes to retain the right , should a " radio tower " ordinance be enacted , to , at some furture time , request permission to relocate its towers to the initially - perferred site , off East King Road . Admittedly , such a move is not immediately contemplated . However , we seek a flexible enough zoning amendment so as not to preclude that option . In summary , it is our position that the Town of Ithaca should opt for either of two alternatives . Either adopt a Zoning Amendment which is fair and equitable to all parties , or adopt no Amendment at all and prohibit new tower construction altogether . We can live with either alternative . What we cannot accept is an Ordinance which , by intention or accident , gives favored treatment to some . . . while denying others equal protection . Sincerely yours , Robert A . Lynch Operations Manager The short SEQR Assessment Form was completed , so that the public will know the fifteen questions were answered , all with a no . Barbara Restaino , Town Planner reviewed the SEQR form . Supervisor Desch noted that individual applications for the installation of radio towers will need to prepare the Environmental Assessment Form . Supervisor Desch then asked for comments from the floor , as there were � . none , he closed the hearing . Councilman Del Rosso asked how other municipalities , handled radio ® transmission towers and were regulations regarding radio towers just omitted or deliberately omitted from their zoning ordinances ? Supervisor Desch answered by saying that the City issued a permit after a radio tower was erected . He further noted that the City does not regulate to the amount we would regulate with this proposed ordinance . Councilman Cramer asked why number twelve on the short SEQR foam was answered yes , when , as it was noted before , a certain amount of interference will be created by the erection of a radio tower ? Supervisor Desch stated that the adoption of the regulation would not create interference . Henry Aron noted that if the short SEQR from was in the negative , reviewed by a qualified reviewer , and signed by a qualified person to sign , the Zoning Board of Appeals would not question the negative Town Board Minutes - 10 - June 9 , 1980 statement . The Zoning Board of Appeals only question a positive statement , then the applicant is required to fill out the long form . Town Attorney Buyoucos noted that no matter where a tower is put up , it could cause an electrical disturbance . Councilman Kugler stated that this is not always so , it depends on the location . Supervisor Desch noted that the short Environmental Assessment form ® was included to comply with the law . Councilman Del Rosso questioned the safety of people with no protection around the guy wires . Supervisor Desch asked if there was another way besides fencing; to keep people safe and from running into guy wires . Councilman McPeak noted that AM stations are usually fenced in at the base . He felt the FCC would take care of this problem . Supervisor Desch read the following determination : DETERMINATION ADOPTING ENVIRONMENTAL ASSESSMENT STATEMENT . The Town Board approves the environmental assessment form presented to the Town Board in the matter of adopting the proposed law regulating the erection of Radio Towers . The adoption of this law in itself will not have a significant environmental impact nor such an impact on the environment as 'to require further proceedings or environmental impact statements under State and local laws . The law itself provides for careful examination of the effect of the erection of any tower on the environment and the territory . The law requires compliance with State SEQR and local laws adopted by the Town to implement State SEQR Laws . It was moved by Supervisor Desch and seconded by Councilman McPeak that the foregoing statement be adopted by the Town Board . RESOLUTION NO , 99 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Determination Adopting Environmental Assessment Statement . ® ( Desch , Kugler , Raffensperger , Valentino and McPeak voting Aye . Nays - none ) . LQCAL LAW NO . 4 - 1980 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , Councilman Cramer requested that fencing be added to the local law . Town Attorney Buyoucos asked if the Town Board wished to make fencing mandatory or optional because of topography ? Councilwoman Raffensperger asked if fencing could be included under Number 5 . , ( 2 ) , e ? Supervisor Desch suggested fencing be inserted under Number 5 , ( 2 ) , f . Town Board Minutes - 11 - June 9 , 1980 LOCAL LAW N0 . 4 - 1980 A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA TO PROVIDE FOR THE ERECTION OF RADIO TRANSMISSION TOWERS IN AN AGRICULTURAL DISTRICT . PREAMBLE : STATEMENT OF INTENT This local law amends the Zoning Ordinance by adding a new provision which will permit the construction , maintenance and operation of Radio Transmission Towers and appurtenant structures . Such facilities , if permitted at all , shall be permitted under limited conditions and then only by a special permit . Further , such towers shall be permitted only if used in connection with the transmission of radio signals by a commercially operated Radio Broadcasting Station . By adding such new provisions , the Town of Ithaca recognizes that Commercial Radio Broadcasting Stations require Radio Transmission Towers in order to perform their function . However , the Town does not encourage the erection of such towers in the Town because of the relatively high density of population. and residential development in the Town compared to the density and residential development in other areas of the County , several of which do not have any zoning regulations . Thus , the erection of such radio transmission towers may have an adverse effect on the value , use and enjoyment of a far larger number of prop - erties in the vicinity of any such tower in the Town of Ithaca than would be the case in other more remote and less developed areas . There has been discussed as to whether the erection of a radio transmission tower would be permitted as a public utility . It has been the consistent position of the Town that a radio broadcasting station is not a public utility within the meaning of the Town ' s Zoning Ordinance . In order to avoid a legal dispute which would be largely concerned with semantics , this law specifically refers to radio broadcasting station transmitters as such , and does not define them as a public utility . The Town Board , in this preamble , expresses its policy that the adoption of this local law is not to be construed as an intention on the part of the Town to permit the construction of such towers with the function of the reviewing Town agency being limited only to such requirements as set backs , screening , access roads , and similar administrative considerations . The adoption of this law is not intended to create a " permitted use " as such phrase may be ordinarily understood , or as used by the courts ; it is not a declaration which creates a " vested " right in an otherwise quali - fied applicant to erect a tower subject to some administrative regula - tion . It is not an open invitation to the erection of such towers in the areas permitted under this law . Under this law , the use of land for such a radio transmission tower , precisely because of such a tower ' s special characteristics , such as its appearance , height , design , high visibility and inherent potential for creating a visual eye sore , may be permitted only after a review and a thorough application of the standards and criteria establsihed by this law . It could happen that ® after a fair and reasonable application of such standards and criteria , based upon proper findings and relevant evidence , no special permit might even be issued for the erection of a commercially operated radio tower in the Town of Ithaca . Any such result would not be inconsistent with the objectives of this law . This law , nevertheless , provides that the determination as to whether or not a special permit is issued will be made by a Town agency other than . the Town Board and the power is vested in such Town agency to make such determination after a fair hearing and fair and reasonable appli - cation of standards and criteria . LOCAL LAW SECTION I The Zoning Ordinance of the Town of Ithaca is amended by the addition thereto of a new section which shall be numbered 51A and which shall provide as follows : Town Board Minutes - 12 - June 9 , 1980 " Section 51A . Radio Transmission Towers . In addition to the uses provided in Section 51 , Radio Transmission Towers may be constructed and maintained in Agricultural Districts sub - ject to the provisions of this section . 1 . A Radio Transmission Tower , as used in this section , shall be a radio tower transmitting radio broadcasting signals , operated by a commercially operated radio broadcasting station , and licensed by the Federal Communications Commission . ® 2 . No building permit shall be issued for the construction , op - eration and maintenance of such a tower except by special permission of the Board of Appeals after receiving an advisory opinion or recom - mendation from the Town Planning Board , in accordance with the following procedures . 3 . FILING APPLICATION AND PLANNING BOARD PROCEDURE a . The applicant will submit a written application for such a permit with the Building Inspector ( or such other person as may be designated by the Town Board ) . The applicant will submit such infor - mation and documents as the Building Inspector ( or any other officer or Town agency having jurisdiction ) may require . Included in these documents must be a development plan and copies of all documents sub - mitted by the applicant to the Federal Communications Commission or any other governmental agency having jurisdiction . The Building Inspector will not be required to proceed under this law , until an application is complete . b . As soon after the applicant has filed all documents and supplied all information required by such Officer , but not later than 30 days from the date a completed application is filed , the Officer shall file such application and all other documents with the Clerk of the Planning Board , who shall place the application on the agenda for the next meeting of the Planning Board . The application shall be re - viewed at such meeting and the Chairman shall set a date for a public hearing , notice of which shall be ( i ) posted and ( ii ) published at least two times in the official newspaper , the first publication of which shall be at least 10 days prior to the date set for the hearing and ( iii ) mailed to owners of property lying within 1000 feet of the proposed site and to such other owners of property in the vicinity of the proposed site as the Chairman of the Board shall determine . It shall be sufficient if the determination of ownership is based on the current assessment role and assessment map , but the failure to notify all such owners shall not render defective any action of the Planning Board or the Board of Appeals . The date of such public hearing shall be within 40 days from the date on which the completed application was filed with the Clerk of the Planning Board . ® 1 . The Planning Board may at any stage of the proceedings require additional information , documents or testimony , and may adjourn final consideration of its recommendation for a reasonable period for the foregoing purpose and for further study and review , but no more than 60 days after the first date set for the hearing . C . Upon the completion of the hearing , and any adjournment thereof , the Planning Board shall adopt , by resolution , a written rec - ommendation in the nature of an advisory opinion . Such report may ( i ) recommend acceptance , or rejection of the application in full or in part or ( ii )_ acceptance with conditions or ( iii ) include such other recommendations or opinion as the Planning Board shall determine . 1 . The report shall also be filed with the Clerk of the Board of Appeals who shall deliver promptly a copy to each member of such Board . 4 . BOARD OF APPEALS PROCEDURE . Town Board Minutes - 13 - June 9 , 1980 a . The Clerk of the Board of Appeals shall ( i ) place the application on the agenda for the next meeting of the Board , and ( ii ) shall cause a notice to be published in the official newspaper , at least once giving notice of a public hearing which shall be held on such day and at such time as the Chairman of the Board shall_ direct . Written notice of such hearing shall also be mailed in accordance with the provisions of Section 3 , above , ( Planning Board Procedures ) . Such notice shall be published and posted at least 10 days prior to the hearing and such hearing shall be held not later than 40 days following the filing of the Planning Board ' s report with the Clerk of the Board of Appeals . b . The hearing before the Board shall be conducted in accor - dance with lawful procedures , as any appeal proceeding before the ® Board . The hearing may be adjourned and the Board may request further information and recommendation from the Planning Board , or may send the application back to the Planning Board for further review . C . After the completion of all testimony given at the public hearing and the submission of all pertinent matters arising out of the application , the board shall make its determination by a resolution adopted by a majority vote . Such determination shall be made and filed within 60 days of the date on which the first public hearing was held . The applicant shall be notified of the Board ' s decision and copies shall be filed with the Town Clerk , the Zoning Officer and the Clerk of the Planning Board . 5 . The Planning Board , in making any report , and the Board of Appeals before rendering its decision , shall consider the following standards and matters : ( 1 ) The need in the community for the proposed use . ( 2 ) The appropriateness of the proposed site including such matters , among others , as the following : a . The availability of alternative sites . b . The physical features and the general character , present use , and probable future use of the land in the neighborhood . c . Is the density of the land in the vicinity such as to warrant the proposed use ? d . Is the site reasonably adapted for the proposed use ? e . The distance from existing and proposed public rights of way and from existing residential development ; nature of access to and from the site ? ® f . The adaptability of the site for the propsed use topo - graphy , natural buffers , screening and fencing . g . The size of the site chosen for the proposed use . The radio transmission tower must be located on an unoccupied parcel having an area of sufficient size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in the neighborhood . The size shall be at least SIX ACRES . h . Will project regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? ( 3 ) The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties and whether it will materially affect the value of such properties and the use and enjoyment of such properties by the occupants Town Board Minutes - 14 - June 9 , 1980 and any other effect of such use on the health , welfare and safety of the occupants of such properties . 6 . No building permit shall be issued until final approval has been granted to the applicant by any County , State and Federal Agency having jurisdiction in the matter and any and all other permits which may be required have been issued to the applicant . 7 . The applicable procedures of the State and Local SEQR Laws shall be complied with . 8 . MISCELLANEOUS . a . The applicant will furnish a typewritten list of all owners ® of property in the area to whom notice must be mailed including; their address and tax parcel number . b . Because of the special nature of the proposed use , the applicant shall pay the cost of publishing the requested notices in the newspaper and the cost of mailing notices to the owners of other proper - ties as required by this law , in addition to the fees prescribed for issuance of building permits . c . All provisions of the Town ' s Zoning Ordinance and other applicable laws not inconsistent with this law shall govern all proceed - ings . " LOCAL LAW SECTION 2 If any provisions of this local law or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction , such order or judgment shall be confined in its operation to the controversy in which it was rendered , and shall not affect or invalidate the remainder of any provision of any section of this local law or the application of any part thereof to any other person or cir - cumstance and to this end the provision of each section of this local law are hereby declared to be severable . LOCAL LAW SECTION 3 This local law shall take effect immediately . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye . Councilman Del Rosso Voting Nay , Councilman Kugler Voting Aye . Councilman McPeak Voting Aye . ® Councilwoman Raffensperger Voting Aye , Councilwoman Valentino Voting Aye , Supervisor Desch Voting Aye . ® Local Law No . 4 - 1980 , was thereupon declared duly adopted . Supervisor Desch noted that Local Law No . 4 - 1980 , was on the desks of the Council , seven days prior to the passing of this local law . DOG CONTROL CONTRACT Supervisor Desch stated tha the bulk of questions regarding the SPCA Contract revolved around patrolling . Councilwoman Valentino asked if the SPCA would only respond to complaints ? Supervisor Desch said yes . The Town did not want the SPCA to have police powers . He further noted that the Contract would not give the Town Board Minutes - 15 - June 9 , 1980 SPCA carte Blanche to pick up dogs . The Town will turn over to the County the appropriate amount collected for licenses . RESOLUTION N0 , 100 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute the 1980 Dog Contract with the County . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . WASTEWATER TREATMENT FACILITY Supervisor Desch stated that the Sewer System Planning Committee is discussing the facility plan procedure requirements . Step II of the plan is concerned with the phase of municipalities served by the system . All participating municipalities must agree to the design of the system . Supervisor Desch noted that the next step was to have the Town pass a resolution stating their intent to continue negotiations to reach an intermunicipal agreement . Supervisor Desch noted that negotiations are continuing on who will own and operate the facility and the schedule of charges to be charged for the sewer . RESOLUTION NO . 101 RESOLVED , WHEREAS , the City of Ithaca is currently completing a Facilities Plan for an upgraded sewage treatment facility , and WHEREAS , said plan outlines the elements of the proposed treatment plant , including a sewer service area , and WHEREAS , a Sewer System Planning Committee has been established by the City of Ithaca , the Town of Ithaca , and the Town of Dryden , and such Committee has already negotiated an agreement on the financing of the Sewer System Evaluation Survey , and said agreement has been adopted by the respective municipaaities , NOW THEREFORE , BE IT RESOLVED , that it is agreed among the City of Ithaca , the Town of Ithaca , and the Town of Dryden that it is their joint intent that the proposed upgraded sewage treatment facility will treat the sewage collected within the general limits of the aforementioned sewer service area , and BE IT FURTHER RESOLVED , that these three municipalities will continue negotiations through the Sewer System Planning Committee with the intent of reaching an intermunicipal agreement prior to completion of the design phase with respect to the ownership , operation and financing of the proposed facilities , and ® BE IT FURTHER RESOLVED , that such an agreement shall include a system of equitable user charges and a comprehensive sewer use ordinance or regulations which will provide for , among other things , such industrial pre - treatment program and such industrial cost recovery as may be required by U . S . Environmental Protection Agency regulations . ( Desch , Kugler , Raffensperger , Del Rosso , Valentino , McPeak and Cramer voting Aye . Nays - none ) . Councilman , Cramer asked how many industrial users have been identified as needing pre - treatment ? Supervisor Desch said none . The Industrial Cost Program part will be built specifically for industrial users and will be paid back by a Town Board Minutes - 16 - June 9 , 1980 users cost . Studies under way will show which users will need pre - treatment . It is possible large industrial users could come under this . The acceptance of any grant is on the approval of the Environmental Protection Agency . Supervisor Desch stated that the Facilities Plan is nearly completed . He would like , at another meeting , to consider the endorsement of the Facilities Plan . This should be done word for word , so the Board will understand what they are buying and , therefore , be able to endorse the Facilities ' Plan . ® SAFER LOCAL ROADS ® Town Engineer Lawrence Fabbroni stated that the 1979 Safer Local Roads Bond Resolution was for energy conservation . Under the act , $ 26 , 375 in State funds were allocated , providing the municipality matched the fund with $ 8 , 792 in local money , the money to be used for roads that are ten years old . The program will be administered by the County Superintendent . No special audits were allocated . Amounts were based on road mileage for energy conservation . The Town Engineer proposed to use the money , allowed the Town , to supplement paving projects . Councilman Del Rosso asked if the primary use of the money was for repaving . The Town Engineer stated that oil and stone was not approved . RESOLUTION N0 , 102 Motion by Supervisor Desch ; seconded by Councilwoman Valentino , RESOLVED , WHEREAS , on June 9 , 1980 , the Town Board of the Town of Ithaca , discussed the participation by the municipality in a Safer Local Road and Streets Program , and authorizing the construction of the Program by municipal forces or by a competitively let contract , with oversight of the Program by the County of Tompkins as provided for in the Program Guidelines and the State - County Agreement , with municipal participation in the costs of the Program , and municipal maintenance of the completed improvements , and WHEREAS , pursuant to Chapter 369 of the Laws of 1979 , the Energy Conservation Through Improved Transportation Bond Act , and Chapter 53 of the Laws of 1980 , the New York State Legislature authorized and appropriated funds for a statewide Safer Local Roads and Streets Program , and ® WHEREAS , pursuant to these statutes , the New York State Department of Transportation has apportioned program funds to the municipality as follows : 26 , 375 State + 8 , 792 Local = 35 , 167 Total NOW THEREFORE , BE IT RESOLVED , that the municipality shall participate in the Safer Local Roads and Streets Program , pursuant to the terms of the Bond Act , the Program Guidelines and the State - County Agreement , and it is further RESOLVED , that construction of the Program shall be by municipal forces or by competitive bid letting , with oversight by the County Super - intendent , and it is further RESOLVED , that the municipality shall participate in the costs of the Program , with 75 % reimbursement by State bond funds , and it is further RESOLVED , that upon completion of the Program , the Town of Ithaca shall at its own expense properly maintain the completed project ( s ) , Town Board Minutes - 17 - June 91 , 1980 IT IS FURTHER RESOLVED , that the Highway Superintendent be and he hereby is authorized to sign all project applications ( TE 215 ) . ( Desch , Kugler , Raffensperger , McPeak , Valentino , Del Rosso , and Cramer voting Aye . Nays - none ) . RESOLUTION N0 , 103 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Highway Superintendent to pave roads not allowed in the original list that contained two miles of roads to be paved . ( Desch , Kugler , McPeak , Raffensperger , Valentino , Del Rosso , and Cramer voting Aye . Nays - none ) . FIVE AREA SEWER IMPROVEMENT BOND ANTICIPATION NOTE # 3 RESOLUTION N0 , 104 Motion by Supervisor Desch ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute the renewal of Bond Anticipation Note number 3 for the Five Area Sewer Improvement , for a one year period beginning June 9 , 1980 , in the amount of $ 470 , 000 , at an interest rate of 6 . 5 % . ( Desch , Kugler , McPeak , Raffensperger , Valentino , Del Rosso , and Cramer voting Aye . Nays - none ) . i COUNTY REPRESENTATIVES REPORT Gust Freeman reported that Frank Liguori , Tompkins County Planning Commissioner , had been appointed chairman of the Couty Wide Transit Committee . The County Board of Representatives held a public hearing on the Warren Road improvements . As there were no comments for or against , the resolution was approved . PLANNING BOARD REPORT Henry Aron , Chairman of the Planning Board reported that the Planning ® Board met in regular session on Tuesday , June 3 , 1980 , with seven of its eight members present . The Planning Board approved as written , minutes of November 1 , 1977 and ® April 15 , 19800 Reports were heard from the Town Engineer and the Town Planner . A public hearing was held in the matter of the consideration of Site Plan approval for a car wash in a Business " D " District at East Hill Plaza . An effective and positive discussion was held resulting in the Planning Board asking Mr . Stewart Knowlton if he would consider placing the proposed 4 - bay car wash in an area zoned Business " C " behind the P & C and adjacent to the Depot restaurant . Mr . Knowlton consented to this suggestion and agreed to withdraw his proposal to place the car wash in the Business " D " District . Thereupon , the Planning Board resolved the following : Motion by Montgomery May , seconded by Liese Bronfenbrenner , RESOLVED , that the Planning Board request and hereby does request that Town Board Minutes - 18 - June '9 , 1980 the Town Board set a public hearing for proposed exchange of area presently zoned Business " D " with an adjacent area presently zoned Business " C " for Groff Associates and a car wash at East Hill Plaza , and FURTHER RESOLVED , that such public hearing be scheduled for the next Town Board meeting but no later than the July 7th Town Board meeting . The proceding motion was carried unanimously and is presently before the Board for its consideration tonight . ® A public hearing was held in the matter of the consideration of Site Plan approval for a storage warehouse at the intersection of Route 13 and Route 13A , as proposed by Vincent P . Hannan . After assurances from Mr . Hannan that the two adandoned cranes and the abandoned ship ' s hull will be removed from the site , the Planning Board , by unanimous vote , granted site plan approval without condition . A public hearing was held in the matter of the consideration of Final Subdivision approval for a 4 - lot subdivision at 362 West King Road as proposed by Orlando Iacovelli and Ralph Iacovelli . After review and discussion , the Planning Board unanimously resolved as follows : Motion by Edward Mazza ; seconded by Bernard Stanton , RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Final Subdivision Approval for 4 - lot subdivision , 362 West King Road , Tax Parcels No . 6 - 35 - 2 - 611 and 6 - 35 - 2 - 6 . 3 , as proposed by Orlando Iacovelli and Ralph Iacovelli , contingent upon the following : 1 . That the roadway shown on the map presented to the Planning Board this date , entitled Proposed Four Lot Division for L . Iacovelli and dated May 29 , 1980 , be built in accordance with Town of Ithaca Highway specifications . 2 . That the lots be drained according to the specifications of the Town Engineer including the culverts under the road being 24 " in diameter unless otherwise approved by the Town Engineer , Town Councilwoman Shirley Raffensperger reported to the Planning Board as Chairperson of the County Planning Board . Mrs . Raffensperger reported on the May 14 , 1980 , meeting of the County Planning Board and discussed with the Planning Board the transporting of radio - active material in the County and how that relates - to the transportation of one hundred million packages annually , ninety - eight million packages being other than radio active material . The Board also discussed with Mrs . Raffensperger the routing of trucks via Route 79 in the City of Ithaca . The Planning Board has been asked to review again the application for sign permit for What ' s Your Beef ? at the East Hill Plaza . The applica - tion was deferred until the next Planning Board Meeting , The Planning Board considered the application for Sign Permit for Indian Creek Antiques at 1406 Trumansburg Road . After discussion the Board resolved as follows : Motion by Montgomery May ; seconded by Bernard Stanton , RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of a variance to allow for a freestanding sign , reading , " Indian Creek Antiques , Thurs . - Sun . , 12 : 00 - 5 : 30 ( arrow ) " , and FURTHER RESOLVED , that said sign not exceed 24 square feet . The proceeding motion was carried unanimously and the application for sign permit is before the Board tonight . Town Board Minutes - 19 - June 9 , 1980 That concludes the report from the Planning Board and I thank you . REZONING OF A PORTION OF EAST HILL PLAZA The Supervisor stated , that as noted in the Planning Board Chairman ' s report , the Town Board is being asked to schedule a public hearing to consider the rezoning of a portion of East Hill Plaza from Business " C " to Business " D " . The purpose of this is to locate a 4 - bay car wash - in back of the P & C Store , boardering the Eastern Breeders . Access to and from this area will be from the far end of the parking lot by the proposed Hardware Store or by the Depot restaurant . RESOLUTION NO . 105 ® Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on July 7 , 1980 , at 8 : 30 p . m . , at the Town Offices at 126 East Seneca Street , Ithaca , New York , for the purpose of rezoning a portion of the East Hill Plaza from Business " C " to Business " D " . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and. Cramer voting Aye . Nays - none ) . SENIOR CITIZENS CONTRACT Supervisor Desch noted that each year the Town has supported the Senior Citizens . The contract runs from July to July , and therefore , a contract has been prepared for the renewal of same . Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute the contract with the Office of the Aging for $ 1 , 000 to cover the period of July 1 , 1980 to June 30 , 1981 . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . TOWN ENGINEER ' S REPORT Town Engineer Larry Fabbroni noted that the Trumansburg Road water tank is now being painted . There have been no problems with the supply of water for that area . The contractor is priming the inside now , the outside has been painted . Sandblasting on the Northview Road tank will start any day now . The Cliff Street Pump Station contract is being reviewed by the County Health Department . ® The Town Hall repainting has been delayed because of a strike by the painters . It will be a week and a half to two weeks before the strike will be settled . The Valley View - West Haven Roads Sewer extension still has some cleanup remaining to be completed . He also noted the extension of the sewer line , approved at this Board meeting . The Town Engineer stated that he was notified that the grant has been approved for seven summer CETA workers , also five people for the CETA Training Program plus a foreman . HIGHWAY NAMING Town Engineer Fabbroni noted that a letter had been received from I� Town Board Minutes - 20 - June 9 , 1980 Dick Mac Dowell of Cornell University requesting that an old town road between Warren Road and Hanshaw Road be given a name . Dr . Metz of Cornell University requested that the road be named Blue Grass Lane . RESOLUTION N0 , 106 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca , upon the recom - mendation of the Town Engineer and the Town Highway Superintendent , ® do hereby approve the naming of an old town road running from Warren Road to Hanshaw Road , Blue Grass Lane . ( Desch , Kugler , Raffensperger , McPeak , Valentino , Del Rosso and Cramer voting Aye . Nays - none ) . CONCORD PLACE RESOLUTION N0 , 107 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca , upon the recommendation of the Town Engineer and the Town Highway Superintendent , do hereby accept Concord Place as a Town of Ithaca Highway . ( Desch , Kugler , Raffensperger , McPeak , Valentino , Del Rosso and. Cramer voting Aye . Nays - none ) . Superintendent Parkin noted that the Town has 39 . 81 miles of Town Roads plus Concord Place . The Town will receive $ 75 per mile from the State , when the application to New York State Department of Transportation is completed . Supervisor Desch noted that the Commission has purchased two million dollars worth of coverage from Boothroyd Insurance Company for $ 29 , 000 . He has asked Boothroyd to prepare a package for the Town . SUPERVISOR ' S REPORT Supervisor Desch gave the following report : Route 13 - Elmira Road Railroad Overpass I am pleased to report the removal of the restrictive railroad overpass straddling the City - Town line on Elmira Road . Although it is unfortunate we are losing our railroad resource , we need to have our primary truck route from the south free of obstructions . Last fall Mayor Conley and ® I sent a joint signed letter to the State urging them to move quickly on the removal now that the section was cut off , from the derailment two winters ago . We hope to jointly acquire , with the City , the right - of - way for future utilities and drainage improvements , as well as additional potential for recreation trails . East Ithaca Bikeway Town Engineer Larry Fabbroni , Town Planner Barbara Restaino and I toured several alternate routes for the bikeway extension from Maple Avenue to Game Farm Road with Cornell officials . The main problem is getting around the Central Heating Plant coal storage area , but: two alternate routes were considered and will be reveiwed by Cornell with appropriate internal agencies , with a decision expected by July 11 Hopefully , the CETA programs will be approved so that clearing work can be accomplished before fall . Town Board Minutes - 21 - June 9 , 1980 Traffic Control - Northeast The letter to property owners in the Northeast concerning the possi - bility of contracting with Cayuga Heights for traffic control services has been mailed an imput requested by our July meeting , so that we can evaluate the consituent interest in these services initially on a part town basis and eventually if successful , on a special district basis . Polling Place District 1 The County has asked the Town to move the location of our District 1 polling place . We jointly are considering several possibilities including the lobby of the old hospital . We would prefer space in the ® new hospital , which would permit some persons in the hospital to vote . Other options being considered are the former Odd Fellows facility which Cornell is converting to a Hotel School and are very enthusiastic in having us use . Town Newsletter I believe the next Newsletter should go out in August rather than June or July as we did last year . The timeliness relates to items such as bus services , schedule of fall Town activities , etc . If something urgent comes up in the meantime , we can move up the date . Water Commission Activities The Commission is considering the construction of a 18 " or 20" bypass of the Oakcrest pump station to cut down on the amount of pumping of water to the lower zones of the system . Actual work will probably not take place until 1981 , since the bypass would cut through the Lansing Village office septic system - due to be tied to the new sewer system . The schedule also relates to development of cost estimates and budgeting of funds . The capital cost is unknown at this time , but will be less than $ 50 , 000 and have a 2 - 3 year payback . We will be revising the Rules and Regulations to make it less costly for multiple housing water applications , such as Ivar Jonson Town House project , which under present definition will cost 28 x $ 150 or $ 4 , 200 . I have written to Mr . Jonson following the Commissioners resolution to indicate that the water application fee will be 28 x 80 or $ 2 , 2: 40 , providing the plumbing inspection can be accomplished on the basis of 3 units or more at one time . The Commission will , on this basis , recover its cost for meters , taps , and inspection . Transfer of Hudson Street Extension to Therm Electric This short stretch of road have been maintained by t e Town of Ithaca for many years . Therm and the Town are beginning discussions to transfer title to Therm , since there is no potential for service to other properties . Town Benefit Levy Formula The Town Staff is in the process of reviewing the entire benefit ® formula , per our request of last year . In about one month we will have recommendations to assure equity in keeping with current land use criteria . WARREN ROAD IMPROVEMENTS Supervisor Desch read the following letter he has sent to Harris B . Dates , regarding the imporvement to the Warren Road north of Route 13 and the Cornell Research Park circulation : May 30 , 1980 Honorable Harris B . Dates Chairman Tompkins County Board of Representatives 320 North Tioga Street Ithaca , New York 14850 Town Board Minutes - 22 - June 9 , 1980 Dear Harris : The Town of Ithaca Town Board looks forward to the opportunity to fully endorse the County project to improve Warren Road north of Route 13 and the Cornell Research Park circulation . Applications for State and / or Federal funds for the design and construction of these improvements should formally recognize that a two lane highway by pass of Forrest Home and the Warren Road - Judd Falls Road corridor , is also a fundamental component of plans to enhance the industrial development potential of the Research Park , The Town Board notes the positive interest in the by pass expressed by Cornell , Town and County officials at the meeting with the Cornell Traffic consultant , last Wednesday . We sense a sincere willingness ® on Cornell ' s part to do what is necessary to pin down the by pass location from Route 13 to Pine Tree Road , within the next three months . We need a commitment from Tompkins County that you also are prepared to continue active support of the project , including the priority desig - nation of construction funding , even if on a staged basis . The Town has heretofore pledged direct participation in the cost of planning and engineering of the by pass . We also expect to help with the construction through the assisgnment of technical and highway staff resources . Anything short of such a County commitment suggests to the Town of Ithaca that we are not ready to move ahead with the endorsement of the Warren Road - Research Park circulation project . We trust that the necessary decisions can be made within the time con - straints for the filing of the funding applications . The Town stands ready to participate in any discussions which will be beneficial to our common objective . Very truly yours , Noel Desch Supervisor ND / js CC : Robert M . Matyas Supervisor Desch noted that the University is moving rapidly on the issue of what is best for their land use at the Research Park . The Town Board reaffirmed its position that our endorsement of the Research Park expansion and the improvement of Warren Road is contingent upon the commitment by Cornell and the County to build the bypass . STREET OPENING PERMIT REFUND RESOLUTION NO . 108 Motion by Supervisor Desch ; seconded by Councilwoman Valentino , RESOLVED , that the $ 100 . 00 deposited by William Steele for a street opening permit for 171 Kendall Avenue be refunded , based upon the satisfactory restoration of the road . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . BUILDING INSPECTOR ' S REPORT The Building Inspector ' s report indicated that in May 1980 , six: permits were issued at a total construction cost of $ 37 , 000 . Total fees collected by the Town amounted to $ 30 . 00 . In May of 1979 , 22 permits Town Board Minutes - 23 - J±!±y 9 , 1980 were issued at a total construction cost of $ 293 , 163 . Total fees collected by the Town amounted to $ 187 . 50 . TOWN OF ITHACA WARRANTS RESOLUTION NO . 109 Motion by Councilman Del Rosso ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated June 9 , 1980 , in the following; amounts : General Fund _ Town Wide . . . . . . . : : : : : : : : : : : : : : . $ 41 , 406 . 79 General Fund Outside Village . $ 5 , 575 . 64 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93 , 383 . 21 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44 , 810 . 64 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 507 . 71 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 218 . 62 ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 , 110 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated June 9 , 1980 , in the Operating Account are hereby approved , in the amount of $ 19 , 420 . 84 , after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . e Swartwood Town Clerk