HomeMy WebLinkAboutTB Minutes 1998-09-08 OF 12,
TOWN OF ITHACA .
,1,��04$ 126 EAST SENECA STREET, ITHACA, N .Y . 14850
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TOWN BOARD MEETING
Tuesday, September 8, 1998
5 : 30 p.m. to 9:00 p. m.
AGENDA
1 . Call to Order.
2 . Pledge of Allegiance.
3. Report of Tompkins County Board of Representatives.
4. Report of Fire Commissioners .
5 . Review of Correspondence :
a. Stephen D . Younger, Taxi Charges .
b . NY State Department of Transportation , Game Farm Road .
c. Tom Todd , Tompkins County Public Works Committee Chair, Bridge
Maintenance Practices .
d . Stuart W. Stein , Tompkins County Arts , Culture and tourism Committee Chair,
County "Celebrations" money.
68 6 : 00 p. m. = PERSONS TO BE HEARD.
7 . 6 : 15 p.m. we PUBLIC HEARING : To consider a, "LOCAL LAW AMENDING LOCAL
LAW NO . 2 OF THE YEAR 1983 PROVIDING FOR THE LEGAL DEFENSE AND
INDEMNIFICATION OF TOWN OF ITHACA OFFICERS AND EMPLOYEES".
8 . Consider SEQR related to a, " LOCAL LAW AMENDING LOCAL LAW NO . 2 OF
THE YEAR 1983 PROVIDING FOR THE LEGAL DEFENSE AND
INDEMNIFICATION OF TOWN OF ITHACA OFFICERS AND EMPLOYEES".
9 . Consider adoption of a, " LOCAL LAW AMENDING LOCAL LAW NO . 2 OF THE
YEAR 1983 PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICATION
OF TOWN OF ITHACA OFFICERS AND EMPLOYEES".
Town Board Agenda
September 8 , 1998
Page 2 .
100 6 : 30 p. m . = PUBLIC HEARING : To consider a, " LOCAL LAW AMENDING LOCAL
LAWS NO . 1 OF THE YEAR 1984 AND NO . 17 OF THE YEAR 1992 BOTH
RELATING TO SEWER USE REQUIREMENTS TO CONFORM SUCH LOCAL
LAWS TO RECENT EPA AND DEC REGULATORY CHANGES".
11 . , Consider SEAR related to a , " LOCAL LAW AMENDING LOCAL LAWS NO . 1 OF
THE YEAR 1984 AND NO . 17 OF THE YEAR 1992 BOTH RELATING TO SEWER
USE REQUIREMENTS TO CONFORM SUCH LOCAL LAWS TO RECENT EPA
AND DEC REGULATORY CHANGES".
128 Consider adoption of a "LOCAL LAW AMENDING LOCAL LAWS NO . 1 OF THE
YEAR 1984 AND NO . 17 OF THE. YEAR 1992 BOTH RELATING TO SEWER USE
REQUIREMENTS TO CONFORM SUCH LOCAL LAWS TO RECENT EPA AND
DEC REGULATORY CHANGES".
139 6 : 45 p. m . - PUBLIC HEARING . To consider a, " LOCAL LAW AMENDING LOCAL
LAWS NO . 1 OF THE YEAR 1984 RELATING TO SEWER USE REQUIREMENTS
AND NO , 18 OF THE YEAR 1992 RELATING TO LOCAL POLLUTANT
LIMITATIONS TO ESTABLISH REVISED POLLUTANT LIMITATIONS".
14 . Consider SEQR related to a , " LOCAL LAW AMENDING LOCAL LAWS NO . 1 OF
THE YEAR 1984 RELATING TO SEWER USE REQUIREMENTS AND NO. 18 OF
THE YEAR 1992 RELATING TO LOCAL POLLUTANT LIMITATIONS TO
ESTABLISH REVISED POLLUTANT LIMITATIONS".
159 Consider adoption of a , " LOCAL LAW AMENDING LOCAL LAWS NO . 1 OF THE
YEAR 1984 RELATING TO SEWER USE REQUIREMENTS AND NO. 18 OF THE
YEAR 1992 RELATING TO , LOCAL POLLUTANT LIMITATIONS TO ESTABLISH
REVISED POLLUTANT LIMITATIONS".
16. 7 : 00 p.m . = PUBLIC HEARING : To consider, THE MATTER OF THE PROVIDING
OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A
PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF
ITHACA WATER SYSTEM BENEFITTED AREA - 1998 - MECKLENBURG ROAD
IN THE TOWN OF ITHACA, TOMPKINS COUNTY , NEW YORK PURSUANT TO
ARTICLE 12-C OF THE TOWN LAW.
Town Board Agenda
September 8 , 1998
Page 3.
17 . Consider SEQR related to THE MATTER OF THE PROVIDING OF A PROPOSED
WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER
IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER
SYSTEM BENEFITTED AREA - 1998 - MECKLENBURG ROAD IN THE TOWN OF
ITHACA, TOMPKINS COUNTY, NEW YORK . PURSUANT TO ARTICLE 12-C OF
THE TOWN LAW .
180 Consider resolution establishing the PROPOSED WATER IMPROVEMENT AREA
TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED
AREA - 1998 - MECKLENBURG ROAD IN THE TOWN OF ITHACA, TOMPKINS
COUNTY , NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW.
190 Consider approval of plans and specifications, and authorization to solicit bids for
the construction of the Mecklenburg Road Water Main .
200 Discuss 1999 Priority Work Plan as it relates to the 1999 Town Budget,
210 Consider new formulas to be used in the calculation of the Water and Sewer
Benefit Assessments ,
22 . Consider SEQR related to the new formulas to be used in the calculation of the
Water and Sewer Benefit Assessments ,
230 Consider adoption of the new formulas to be used in the calculation of the Water
and Sewer Benefit Assessments ,
24 . Consider conditional acceptance of bid for the construction of an Unheated
Storage Shed at the Highway Facility.
250 Consider establishment of Capital Project Fund for lacovelli Park.
260 Consider concept of Halberg/Burbank park, and authorization to expend funds for
surveying and re- subdivision of same.
278 Consider ratification of acceptance of park land from Richard and Mary Perry.
288 Discuss decision related to the Article 78 proceeding involving the Mecklenburg
Heights (now Linderman Creek) Project.
Town Board Agenda
September 8 , 1998
Page 4 .
29 , Consent Items: Consider resolution approving and/or authorizing the following :
a. Town Board Minutes - 8/ 10/980
b. TOWN OF ITHACA WARRANTS .
c. BOLTON POINT WARRANTS.
d . Provisional Appointment Assistant Town Engineer.
e . Provisional Appointment Network & Records Specialist.
30. Report of Town Committees :
316 Report of Town Officials :
a. Town Clerk/Receiver of Taxes .
b . Highway Superintendent.
c. Director of Engineering .
d . Director of Planning .
e . Director of Building/Zoning .
f. Human Resources Specialist.
g . Budget Officer.
32. Consider ADJOURNMENT.
TOWN OF ITHACA
TOWN BOARD
SEPTEMBER 8, 1998
5 : 30 p.m.
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York
held at the Town Hall , 126 East Seneca Street, there were present;
PRESENT: Catherine Valentino , Supervisor; Carolyn Grigorov, Councilwoman ; David Klein ,
Councilman ; Ellen Harrison , Councilwoman (excused at 7 : 48 p. m . ) ; Mary Russell , Councilwoman ; Ed
Conley, Councilman ; John Wolff, Councilman .
ALSO PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Town . Attomey; Daniel Walker,
Town Engineer; Fred Noteboom, Highway Superintendent; Jonathan Kanter, Director of Planning.
EXCUSED : Andrew Frost, Director of Building/Zoning; Al Carvill , Budget Officer, Judith Drake,
Human Resource Specialist,
OTHERS : Robert Rowmanowski , IFD ; Doria Higgins, 2 Hillcrest Drive; Mike Koplinka-Loehr,
Tompkins County Board of Representative; Gary M. Teeter, Ray Foote, Lyle Neigh , Ithaca Veterans
Volunteer Firemen' s Association .
all to Order: The Supervisor called the meeting to order at 5: 37 p. m . , and led the assemblage in
e Pledge of Allegiance.
Agenda Item - No. 4 = Report of Fire Commissioners
Robert Rowmanowski - The Fire Department is still campaigning for the special request budget. The
Water and Rescue Project is short $ 10 , 000 and the Bridge Loading Study is $3300 short in funding.
The Engineering Department is not willing to do the study without the funding .
The Fire Department needs funding to purchase equipment for confined space rescue. The
Department does not have proper equipment, and could have been cited for a violation by the State
for the involvement in the Bolton Point employee rescue.
Chief Wilbur has requested that the Board of Fire Commissioners form a task force of community
representatives to research false alarms . An advertisement was placed in the Ithaca Journal
soliciting representatives . The "Two In Two Out" program continues to have manpower problems .
Tompkins County is examining whether or not it makes sense to consolidate all police, fire , and EMS
dispatching into a common facility. This ties into the 800 megahertz trunking project the county is
proposing . The 800 megahertz trunking project would mean different communications on different
frequencies .
TOWN BOARD MINUTES 2 SEPTEMBER 8, 1998
APPROVED - APPROVED = APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
The 1896 Steamer Storage Agreement between the . Town of Ithaca and the Veterans Volunteer
Fireman' s Association was signed. A public hearing took place on public assembly permits and only
representatives from Cornell University were present. The Chief s office and the board will solicit
written comments from the public.
Councilman Conley - The upcoming budget is going to be a difficult situation. Cornell will be
concerned because they make a large contribution to the City for services . The Mayor knows the
Town Board has discussed our contribution and are exploring alternatives. Mayor Cohen said that
when the Town Board writes a contract stating what we want' done, the City would have to follow it.
I would like to meet with representatives of the Town of Ithaca, Cornell University, and the Fire Chief
to hear what is the best for everyone . 1 do not want something in the contract that takes care of the
our needs at a cost to the City or Cornell University.
Mr. Rowmanowski - I would recommend in the next contract that the Town become an equal partner.
Supervisor Valentino - I have talked with Mayor Cohen . The Town of Ithaca will not be interested in
pursuing another contract unless it is a partnership. I have discussed with Chief Wilbur the problems
on West Hill . We are setting up meetings to explore a consolidated fire district to include the Town
of Ithaca, City of Ithaca, Village of Lansing , and Village of Cayuga Heights .
Mr. Rowmanowski - Chief Wilbur does what he deems the least harmful .
Councilman Conley - Supervisor Valentino would like to bring everyone together to solve th
problem jointly. I would not want the town to insist on something that would be detrimental to the res
of the community.
Mr. Rowmanowski - The Board of Fire Commissioners has to look at the total fire protection picture
and integrate many people. Cayuga Heights provides protection in the Lansing area, and into the
City. It is a priority. I understand the fiscal responsibility.
Councilwoman Russell - The Board received a letter stating the West Hill Fire Station was closed for
three days.
Mr. Rowmanowski - The Fire Chief makes decisions based on staff. There are seven people off for a
variety of reasons. The personnel who are " bunkers" are starting to return . The station can operate
with one career firefighter and fully trained bunkers.
Supervisor Valentino ' The West Hill Fire Station has been open more hours than in the past.
Agenda Item No. 3 - Tompkins County Board of Rearesentatives.
Michael Koplinka-Loehr - Last Tuesday the County Administrator gave a report stating if basic
maintenance of effort, cost of living increases, and the minimum capital expenditures are made , there
will be a 7 % increase in the County Budget. There will be a public budget forum on Wednesday
TOWN BOARD MINUTES 3 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER. 5, 1998 - APPROVED - APPROVED - APPROVED
September 23, 1998 , from 7 : 00 p . m . until 9 : 30 p. m. at the Boynton Middle School . We want public
0 mments on difficult budget decisions. Richard Erb is ;the new County Administrator and will be
roduced next month ,
e bridge decision has been postponed until the Municipal Officer's Association can review it again.
Presently, there is a local law stating all residents on advisory committees need to be county
residents. There are times the county would like technical expertise from someone who works in the
county but does not live in the county. We will have public hearings on expanding the residency
requirement. Pre-filled STAR cards are being sent to every home owner ' to sign to- apply for the
applicable property tax exemption .
Supervisor Valentino - I would like the County to review our request for the celebrations funding
again . I will be addressing this in person to make the town's case.
Councilwoman Grigorov - Do you have a position on the library?
Mr. Koplinka-Loehr - I have looked at the plans, and am supporting the use of the Woolworth
building with an enhanced retail area .
Councilwoman Grigorov - How much of a critical study was made about the library related to the
estimates?
r. Koplinka-Loehr - We have looked at phasing in the expansion to see what the increase in use is,
IFe unneeded space could be used for retail businesses . Land policy is being reviewed and we
ve a master inventory of all county properties.
Councilman Klein - Bill Doney had an editorial in the paper on whether the County should consider
demolishing the Woolworth's building , or build a more appropriate structure. I feel it should be given
serious '.consideration . The Woolworth building is not a very distinguished building. More space may
be renovated than needed . It may be more appropriate to have a two story building that takes into
consideration future expansion .
After the Library Improvement Committee gave its recommendation two task force' s were formed to
report to the County. They are looking at demolishing versus renovating .
Agenda Item No. 5 - Review of Correspondence.
a. Stephen D. Younger, Taxi Charges.
Attorney Barney - Is the East State Street address in the city? I was not sure what ordinance would
apply.
Supervisor Valentino - I am going to review the taxi ordinance and talk with Attorney Barney about
any necessary revisions .
TOWN BOARD MINUTES 4 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
b. NY State Department of Transportation, Game Farm Road,
Supervisor Valentino - Jim Schug and I have sent the NYSDOT letters asking for evaluations while
Cornell University is in session . The evaluation would look different now compared to July when the
students are away.
Councilwoman Harrison - Did their letter refer to development along the road? Our letter needs to
call attention to the fact that is not the issue.
c. Tom Todd, Tompkins County Public Works Committee Chair, Bridge Maintenance
Practices.
d. Stuart W. Stein, Tompkins County Arts, Culture and Tourism Committee Chair,
County "Celebrations" money.
Agenda Item No. 6 on PERSONS TO BE HEARD.
Doria Higgins, 2 Hillcrest Drive - A few years ago Cornell University and the New York State
Department of Environmental Conservation said the Comell radiation disposal site would be fine.
The Town is now paying approximately $ 15 million for the clean-up of that site. A few years ago
Cornell University and the governmental agency involved said that the chemical disposal site would
be fine. It is contaminating the environment. Taxpayers are paying 28% of that total clean-up cost.
A year ago Cornell University and the New York State Department of Environmental Conservation
said the vet school incinerator was not a worry. Fortunately, the community persuaded Cornell that it
was and voted against it.
The Town Board voted on June 11 , 1998 , to approve the Cornell Lake Source Cooling Project . before
the monitoring plan from Cornell University was due. Since then , Bill Foster of the Federal
Environmental Protection Agency wrote a letter dated July 27 , 1998, to the Planning Director asking
him to distribute the letter to the Town Board, Bill Foster stated the government was in the process
of developing ambient water quality criteria for nutrient in fresh water system by 2000 . States will be
required to develop enforceable standards based on these criteria within three years of their
completion. In the event Cayuga Lake is assessed as nutrient impaired, the taxpayers could be
faced with a financial burden. Cornell has said in the Environmental Impact Statement that Lake
Source Cooling will be adding to the pollution of the lake. Bill Foster also said ' a strategy for
reducing phosphorous loading to Cayuga Lake could require stricter storm water controls for new or
existing development.
The only involved agency in the SEQR process that can ask for a Supplemental Environmental
Impact Statement is the lead agency . I urge the Town Board to ask New York State Department of
Environmental Conservation for a Supplemental Environmental Impact Statement on the town's
behalf because of possible financial hardships to the tax payers. If the town had that, it could be
negotiated with Cornell that future costs be shared. Cornell states it is a small percentage of what is
entering the lake . Therefore , it is OK to add to the pollution . The appendix to the Environmental
Impact Statement states the 3-7 % is an estimate. It might be an over or under estimate. Do not
TOWN BOARD MINUTES 5 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED " APPROVED - APPROVED
worry about holding Cornell up. They have known since the 1980' s that Chloro-fluoro Carbons were
Srmful . Their air conditioning is able to run until 2005. (See Attachment #1 )
pervisor Valentino - I talked with George Welch from the Post Office. We have reached an
agreement about the date for the official closing on the Post Office, September 30, 19981 at 11 : 00
a. m . at the Post Office. We will be working on getting the appropriate invitations prepared , and
setting up a ceremony.
Councilman Klein - Is that the date that begins the lease?
Attorney Barney - It begins the nine month building period.
Councilman Klein - Who is responsible for maintenance during the nine months?
Attorney Barney - We will have to look into that.
Director of Engineering Walker - The Post Office is maintaining control of the building while they
construct.
Attorney Barney - They have asked to sign a separate occupation agreement that reserves the right
to occupy for nine months .
t nda Item No. 7 - PUBLIC HEARING : " LOCAL LAW AMENDING LOCAL , LAW NO. 2 OF THE
AR 1983 PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICATION OF TOWN OF
ACA OFFICERS AND EMPLOYEES" :
Supervisor Valentino opened the Public Hearing at 6: 15 p. m. The Town Clerk had proof of Posting
and Publication. Supervisor Valentino closed the public hearing at 6: 16 p. m.
Agenda Item No. 8 - SECIR. " LOCAL LAW AMENDING LOCAL LAW NO. 2 OF THE YEAR 1983
PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICATION OF TOWN OF ITHACA
OFFICERS AND EMPLOYEES. " (See Attachment #2) :
Councilwoman Russell - In section 2D , why weren't the attorney's fees and costs. not included in the
first sentence? In the sentence , "while the employee was acting within the scope of his public
duties was that not in the good faith act?
Attorney Barney - The indemnification is dealing with judgments and settlements. The obligation for
the town to provide the defense is in 2A, ] t is done in 2A so the town . has control over who the legal
team will be. In A and D , the same language can be added .
Councilwoman Russell - The language in 2A, seems narrow to the types of claims that may arise.
Attorney Barney - It is including without limitation . There is a question whether the municipality can
rovide legal defense in a civil rights action . It expands the definition .
i
TOWN BOARD MINUTES 6 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Resolution No. 134 - SE R: Local Law Amending Local Law No. 2 of the Year 1983 Providin for
the Legal Defense and Indemnification of Town of Ithaca Officers and Employees
WHEREAS, this action is the enactment of a local law amending Local Law No. 2 of the Yea
1983 providing for the legal defense and indemnification of Town of Ithaca officers and employees;
and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively
determined to act as Lead Agency in environmental review with respect to the enactment of local
laws; and
WHEREAS, the Town Board, at a public hearing held on September 8, 1998, has reviewed and
accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action;
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with the New York State Environmental Quality Review Act
for the above referenced action as proposed and, therefore, neither a Full Environmental
Assessment Form, nor an Environmental Impact Statement will be required.
MOVED Councilwoman Grigorov, SECONDED Councilwoman Harrison. A vote on the motion
resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 9 - Adoption, " LOCAL LAW AMENDING LOCAL LAW NO. 2 OF THE YEA
1983 PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICATION OF TOWN OF ITHACA
OFFICERS AND EMPLOYEES." (See Attachment #3) :
Resolution No. 135 -
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public
hearing to be held by said Town on September 8, 1998 to hear all interested parties on a proposed
local law entitled "A LOCAL LAW AMENDING LOCAL LAW NO. 2 OF THE YEAR 1983 PROVIDING
FOR THE LEGAL DEFENSE AND INDEMNIFICATION OF TOWN OF ITHACA OFFICERS AND
EMPLOYEES'; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town
of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in _
opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 16 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) the Town of Ithaca Town Board was determined to be lead
agency in considering the environmental significance of the proposed local law; and
TOWN BOARD MINUTES 7 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED " OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
WHEREAS, the Town Board, after consideration of the environmental assessment form and other
aterials made a determination of negative environmental significance; and
WHEREAS, the Town Board finds it is in the best interest of the Town and its citizens to adopt the
proposed local law;
NOW, THEREFORE, be it
RESOLVED, that the Town Board . of the Town of Ithaca hereby adopts said local law entitled " A
LOCAL LAW AMENDING LOCAL LAW NO. 2 OF THE YEAR 1983 PROVIDING FOR THE LEGAL
DEFENSE AND INDEMNIFICATION OF TOWN OF ITHACA OFFICERS AND EMPLOYEES; a copy
of which is attached hereto and made a part of this resolution; and it is further
RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the
minutes of this meeting and in the Local Law book of the Town of Ithaca, and to give due notice of
the adoption of said local law by publication of such local law or an abstract or summary thereof in
the Ithaca Journal and by filing a copy of said local law with the Secretary of the State of New York.
MOVED Councilwoman Harrison, SECONDED Councilman Conley. A vote on the motion resulted
as follows: Catherine Valentino, Aye; Carolyn Grigorov, Aye; David L. Klein, Aye; Edward Conley,
Aye; Ellen Harrison, Aye Mary Russell, Aye; John P. Wolff, Aye. Carried unanimously.
Itenda Item No. 24 - Conditional Acce tance of Bid/Construction Unheated Stora a Shed at
wa Facility :
Fred Noteboom , Highway Superintendent - Two bids were received on the construction of the
unheated storage shed . One of the bids did not appear to qualify. I discussed it with Attorney
Barney, and we decided to accept the other bid since it was the only qualified bid . (See
Attachment #4)
Councilman Klein - The construction cost was provided in the budget at $50, 000. The bid came in at
$37 , 732 , that equals less than $ 10 a square foot.
RESOLUTION NO. 136 - BID ACCEPTANCE/APPROVAL OF CONSTRUCTION OF UNHEATED
STORAGE SHED AT THE HIGHWAY.
WHEREAS, two bids were received for the construction of an unheated storage shed at the
Highway facility; and
WHEREAS, the Highway Superintendent reviewed the bid specifications, and Finger Lakes
Construction is the only qualified bidder who met the bid specifications and is qualified to fulfill the
contract; and
WHEREAS, upon the Highway Superintendent findings, he recommends that the Town Board of
he Town of Ithaca accept the bid from Finger Lakes Construction for $37, 732; now therefore be it
TOWN BOARD MINUTES 8 SEPTEMBER 8, 1998
APPROVED - APPROVED " APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED " APPROVED
RESOLVED, that the Town of Ithaca Town Board accepts the respective bid from Finger Lakes
Construction effective September 11 , 1998, conditional upon no permissive referendum on the
project being received by September 10, 1998; and be it
further
RESOLVED, the Highway Superintendent is hereby authorized and directed to enter into a
contract with Finger Lakes Construction for the construction of the unheated
storage shed if no referendum is received by September 10, 1998. The money will be expended
from the A5132. 440 (Garage-Construction/Improvement) accounts.
MOVED Supervisor Valentino, SECONDED Councilwoman Grigorov. A vote on the motion resulted
as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye, Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 10 = PUBLIC HEARING, " LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF
THE YEAR 1984 AND NO. 17 OF THE YEAR 1992 BOTH RELATING TO SEWER USE
REQUIREMENTS TO CONFORM SUCH LOCAL LAWS TO RECENT EPA AND DEC
REGULATORY CHANGES.
Supervisor Valentino opened the public hearing at 6.30 p. m. The Town Clerk had proof of posting
and publication. Supervisor Valentino closed the public hearing at 6:31 p. m.
Attorney Barney - A local law was adopted in 1986 that was submitted to the EPA for their approval .
The EPA did not formally approve it, and the amendments being done in this local law are the EPA's
requirements . There are two local laws because one relates to general sewer use requirements, and
the other relates to maximum pollutant levels.
Agenda Item No. 11 = SEQR, " LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR
1984 AND NO. 17 OF THE YEAR 1992 BOTH RELATING TO SEWER USE REQUIREMENTS TO
CONFORM SUCH LOCAL LAWS TO RECENT EPA AND DEC REGULATORY CHANGES." , (See
Attachment #5) :
Councilwoman Russell - The title and first paragraph do not mention Local Law No . 17 of 1992.
Attorney Barney - Local Law No. 1 was repealed by Local Law No. 17 . It restates the law. The
original sewer use law was adopted as Local Law No . 1 of the year 1984 and that is why it is
characterized as amending that local law. The title is a clerical error and will be corrected .
Resolution No. 137 - SEQR: Local Law Amending Local Laws No. 1 of the Year 1984 and No. 17
of the Year 1992 Both Relating to Sewer Use Requirements to Conform Such Local Laws to Recent
EPA and DEC Regulatory Chancres.
WHEREAS, this action is the enactment of a local law amending Local Laws No. 1 of the Year
1984 and No. 17 of the Year 1992 both relating to sewer use requirements to conform such local
laws to recent EPA and DEC regulatory changes; and
TOWN BOARD MINUTES 9 1 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
WHEREAS, this is an unlisted action for which the . Town of Ithaca Town Board is legislatively
etermined to act as Lead Agency in environmental review with respect to the enactment of local
ws; and
WHEREAS, the Town Board, at a public hearing held on September 8, 1998, has reviewed and
accepted as adequate the Short Environmental Assessment Form, Parts l and U for this action;
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with the New York State Environmental Quality Review Act
for the above referenced, action as proposed and, therefore, neither a Full Environmental
Assessment Form, nor an Environmental Impact Statement will be required.
MOVED Councilman Conley, SECONDED Councilman Wolff. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 12 --Adoption, " LOCAL LAW AMENDING LOCAL LAWS NO 1 OF THE YEAR
1984 AND NO. 17 OF THE YEAR 1992 BOTH RELATING TO SEWER USE REQUIREMENTS TO
CONFORM SUCH LOCAL LAWS TO RECENT EPA AND DEC REGULATORY CHANGES." (See
Attachment #6) :
V lution No. 138 HEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public
hearing to be held by said Town on September 8, 1998 to hear all interested parties on a proposed
local law entitled "A LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR 1984 AND NO,
17 OF THE YEAR 1992 BOTH RELATING TO SEWER USE REQUIREMENTS TO CONFORM
SUCH LOCAL LAWS TO RECENT EPA AND DEC REGULATORY CHANGES'; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town
of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in
opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 16 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) the Town of Ithaca Town Board was determined to be lead
agency in considering the environmental significance of the proposed local law; and
WHEREAS, the Town Board, after consideration of the environmental assessment form and the
other materials made a determination of negative environmental significance; and
WHEREAS, the. Town Board finds it is in the best interests of the Town and its citizens to adopt
he proposed local law;
TOWN BOARD MINUTES 10 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 APPROVED - APPROVED - APPROVED
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled " A
LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR 1984 AND NO, 17 OF THE YEAR
1992 BOTH RELATING TO SEWER USE REQUIREMENTS TO CONFORM SUCH LOCAL LAWS
TO RECENT EPA AND DEC REGULATORY CHANGES'; a copy of which is attached hereto and
made a part of this resolution; and it is further
RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the
minutes of this meeting and in the Local Law book of the Town of Ithaca, and to give due notice of
the adoption of said local law by publication of such local law or an abstract summary thereof in the
Ithaca Journal and by filing a copy of said local law with the Secretary of the State of New York.
MOVED Councilwoman Harrison, SECONDED Councilwoman Grigorov. A vote on the motion
resulted as follows: Catherine Valentino, Aye; Carolyn Grigorov, Aye; David L. Klein, Aye; Edward
Conley, Aye; Ellen Harrison, Aye; Mary Russell, Aye; John P. Wolff, Aye, Carried Unanimously.
Agenda Item No 19 - Approval Plans/Specifications/Authorization to Solicit Bids for
Construction Mecklenburg Road Water Main :
Daniel Walker, Director of Engineering - The developer is waiting to commit to any contribution
towards the water main construction . The original proposal that came before the Town Board was
for the developer to pay the equivalent cost of what it would cost to run the water down to
Mecklenburg Heights . We only have a verbal commitment from the developer.
I did not think the Town Board would want to approve it at this point. Running the water from West
Haven Road down to the City of Ithaca water main is an important project even if the Mecklenburg
Heights/Linderman Creek Apartment project does not go forward. The approximate cost is $ 1101000.
I can prepare a proposal without the water main connecting to the development site.
Councilwoman Harrison - I do not see anything in the priority work plan . We have been talking about
a capital plan since I have been on the Town Board . I am not interested in seeing an isolated plan to
run water there. I want to see all the ideas as to where we want to be going with capital plans and
projects.
Supervisor Valentino - We have the plans completed for the project at this point. . My one concern is
there are real limitations on being able to pump and supply water to the area.
Mr. Walker - We have one six inch water main supplying the whole West Hill Area.
Supervisor Valentino - If we had a priority list this would be near the top .
Councilwoman Harrison - I am not saying this is not an important project. The Board is supposed to
be setting priorities , and we have not been given the tools to do that. It is time to look at the picture
as a whole .
TOWN BOARD MINUTES 11 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED " OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Supervisor Valentino - Trying to get lists together when we have other partners in water and sewer is
of easy to do. This is a project that merits our attention because of the potential problems that are
here. I would like to see us move forward on this project, then we can get together a priority list by
he end of the year.
Mr. Walker - There is a priority work plan for water and sewer infill projects looked at by the Town
Board in 1993. That has not changed except that we have completed one or two of .them .
Councilwoman Harrison - I also have the concern that if we go ahead with the project, what Is the
leverage that we have to deal with the developer.
Mr. Walker - There is a $30, 000 portion of the project we would not do, running it to their site.
$50, 000 was their suggestion of the previous contribution.
Agenda Item No. 13 - PUBLIC HEARING : " LOCAL LAW AMENDING LOCAL LAWS NO 1 OF
THE YEAR 1984 RELATING TO SEWER USE REQUIREMENTS AND NO 18 OF' THE YEAR 1992
RELATING TO LOCAL POLLUTANT LIMITATIONS TO ESTABLISH REVISED POLLUTANT
LIMITATIONS".
Supervisor Valentino opened the public hearing at 6:45 p. m, and postponed it until 6:54 p. m. The
Town Clerk had proof of posting and publication.
1: enda Item No. 19 - Contd .
upervisor Valentino - We should postpone further discussion of this item until the next meeting. It
will give Mr. Walker a chance to organize a priority list, and outline the serious problems that exist in
this area. Then the Town Board can consider if it is important to move forward without the
developer.
Councilman Conley - What is the situation with the law suit?
Supervisor Valentino - The thirty days for the appeal will have expired by the next Town Board
meeting. There are very serious problems that need to be addressed at the Mecklenburg water
main.
Councilwoman Harrison - Is the Board concerned that the developer may not contribute?
Supervisor Valentino - If the developer was not involved the serious problems would still exist.
Councilman Conley - What is happening with the law suit?
Attorney Barney - The Town moved to dismiss the law suit and the motion was granted . To
implement the decision a judgment needs to be filed. We have prepared the judgment and have not
received it back from the judge, as of Friday. When we receive the judgment, ' it is filed , then a copy
s served to the other side. The thirty days starts when the copy is served . By the next meeting the
TOWN BOARD MINUTES 12 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
thirty days should be expired and we will know if it has been appealed . If it is appealed , it will be si
months to a year before the lawsuit will be settled .
Joan Lent Noteboom , Town Clerk - Friday, September 4 , 1998 , a gentleman came in and asked to
see all the information regarding Mecklenburg Heights. He wanted to know if the plans and
specifications had been drawn . I informed him 1 had a copy on file in my office. He said he would be
coming in Wednesday, September 9 , 1998 , if this were passed . There are a couple of things in the
specifications that I do not think are complete . I wanted to know if we could have the clerical
corrections made and file those.
Mr. Walker - Most of the corrections have to deal with specific dates for bids.
Mrs. Noteboom - The title on the map is not the same as described in the engineer reports .
Supervisor Valentino - Would these be handed out to contractors?
Mrs. Noteboom - If I have this on file, I would have to give out this copy instead of a corrected
version . I am asking to be allowed to exchange the one on file in my office with. a corrected version.
Attorney Barney - The Plans and Specifications need to have the correct layout and specifications.
Mrs . Noteboom - Pages BP6 and BP8 refer to scheduled bid items for the Buttermilk Falls Water and
Sewer improvements rather than the Mecklenburg Heights. I feel those need to be changed an
filed in my office .
Mr. Walker - Those documents are not the technical specifications. We can reduce that to technical
specifications that would show what we are building. Contract documents are what we would be
going to bid with .
Attorney Barney - The problem is they need to be available before we hold a public hearing. Mr.
Walker should look again at the Plans and Specifications .
Agenda Item No. 13 - PUBLIC HEARING : " LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF
THE YEAR 1984 RELATING TO SEWER USE REQUIREMENTS AND NO. 18 OF THE YEAR 1992
RELATING TO LOCAL POLLUTANT LIMITATIONS TO ESTABLISH REVISED POLLUTANT
LIMITATIONS. " :
Supervisor Valentino re-opened the public hearing at 6:54 p. m. The Town Clerk had proof of posting
and publication. With no persons present to be heard, Supervisor Valentino closed the public hearing
at 6:55 p. m.
Agenda Item No. 14 - SEQR: LOCAL LAW AMENDING LOCAL LAW NO. 1 OF THE YEAR 1984
RELATING TO SEWER USE REQUIREMENTS AND NO. 18 OF THE YEAR 1992 RELATING TO
LOCAL POLLUTANT LIMITATIONS TO ESTABLISH REVISED POLLUTANT LIMITATIONS"Adft
(See Attachment #7) :
TOWN BOARD MINUTES 13 SEPTEMBER 8, 1998
APPROVED 'm APPROVED - APPROVED - OCTOBER 5, 1998 : APPROVED - APPROVED -APPROVED
.mResolution No. 139 -
WHEREAS, this action is the enactment of a local law amending Local Laws No. 1 of the Year
984 relating to sewer use requirements and No. . 18 of the Year 1992 relating to local pollutant
limitations to establish revised pollutant limitations; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively
determined to act as Lead Agency in environmental review with respect to the enactment of local
laws; and
WHEREAS, the Town Board, at a public hearing held on September 8, 1998, has reviewed and
accepted as adequate the Short Environmental Assessment Form, Parts I and ll for this action,
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with the New York State Environmental Quality Review Act
for the above referenced action as , proposed and, therefore, neither a Full Environmental
Assessment Form, nor an Environmental Impact Statement will be required.
MOVED Councilman Wolff, SECONDED Councilwoman Russell. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
folff, aye. Carried unanimously.
oenda Item No. 15 - " LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR 1984
'qwkELATING TO SEWER USE REQUIREMENTS AND NO, 18 OF THE YEAR 1992 RELATING TO
LOCAL POLLUTANT LIMITATIONS TO ESTABLISH REVISED POLLUTANT LIMITATIONS"
(See Attachment #8 );
Resolution No. 140 -
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public
hearing 'to be held by said Town on September 8, 1998 to hear all interested parties on a proposed
local law entitled "A LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR 1984 RELATING
TO SEWER USE REQUIREMENTS AND NO. 18 OF THE YEAR 1992 RELATING TO LOCAL
POLLUTANT LIMITATIONS TO ESTABLISH REVISED POLLUTANT LIMITATIONS'; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town
of Ithaca and all parties in attendance were permitted_ an opportunity to speak on behalf of or in
opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 16 of the Implementing Regulations pertaining . to Article 8 (State
jhviromental n Quality Review Act) the Town of Ithaca Town Board was determined to be lead
gency in considering the environmental significance of the proposed local law; and
TOWN BOARD MINUTES 14 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER A 1998 - APPROVED - APPROVED - APPROVED
WHEREAS, the Town Board, after consideration of the environmental assessment form and th
other materials made a determination of negative environmental significance, and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt
the proposed local law;
NOW THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled " A
LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR 1984 RELATING TO SEWER USE
REQUIREMENTS AND NO. 18 OF THE YEAR 1992 RELATING TO LOCAL POLLUTANT
LIMITATIONS TO ESTABLISH REVISED POLLUTANT LIMITATIONS" a copy of which is attached
hereto and made a part of this resolution; and it is further
RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the
minutes of this meeting and in the Local Law book of the Town of Ithaca, and to ' give due notice of
the adoption of said local law by publication - of such local law or and abstract summary thereof in the
Ithaca Journal and by filing a copy of said local law, with the Secretary of the State of New York,
MOVED Councilwoman Russell, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Catherine Valentino, Aye; Carolyn Grigorov, Aye; David L. Klein, Aye; Edward Conley,
Aye; Ellen Harrison, Aye; Mary Russell, Aye; John P. Wolf ,, Aye. Carried Unanimously.
Agenda Item No. 28 - Decision Article 78 Proceedin s Involving Mecklenbur
Heights/Linderman Creek Apartments :
Supervisor Valentino - Attorney Barney explained the Town' s position during the discussion of
Agenda Item 13 .
Agenda Item No. 29 - Consent Items :
a. Town Board Minutes - 8/10198.
Supervisor Valentino - Mr. Rowmanowski was mistaken when he discussed the way money is
distributed from the Fire Protection Fund . It does not go into the General Fund of the City. It is
allocated to the Fire Protection District, and then payments are made to the City as provided in the
contract. We get total credit for all the money in the fire budget. The amount in 1999 will be
$300, 000.
RESOLUTION NO. 141(A) - Approval Town Board Minutes - August 10 1998
WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes for the regular
meeting held on August 10, 1998, to the Town Board for their review and approval; and
WHEREAS, the Town Board has reviewed the said minutes; now therefore be it
TOWN BOARD MINUTES 15 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
RESOLVED, that the Town Board does hereby approve and adopt the said minutes as the
td minutes of the Town Board for the regular meeting held on August 10, 1998 with the
dendum 's and clerical corrections as presented by Supervisor Valentino, Councilwoman Harrison,
n(d the Director of Planning.
MOVED Councilman Klein, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Councilman
Wolff, aye. Carried unanimously.
b. TOWN OF ITHACA WARRANTS.
RESOLUTION NO. 141(6) - Town of Ithaca Warrants.
WHEREAS, the warrant with the following numbered lisfing of vouchers has been presented to
the Town Board for approval of payment; and
WHEREAS, said warrant has -been audited for payment by the Town Board; now therefore be
it
RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as
9 Oumbered and listed on the warrant.
UCHER #'s: 980 4092
General Fund w, $ 56, 339. 24
General Fund Part Town - $ 41135051
Highway Fund " $ 20, 780. 88
Water Fund - $ 9, 345. 93
Sewer Fund - $ 115, 340. 39
Lighting District Funds - $ 11671 , 78
Town Hall Capital Project Fund - $ 100. 00
Trust & Agency Fund - $ 146. 00
MOVED Councilman Klein, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye,
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
c. BOLTON POINT WARRANTS.
RESOLUTION NO. 141 (C) - Bolton Point Warrants.
TOWN BOARD MINUTES 16 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
WHEREAS, the warrant with the following numbered listing of vouchers for Bolton Point,
Southern Cayuga Lake Intermunici pal Water Commission (SCLIWC) has been presented to the
Town Board for approval of payment; and
WHEREAS, said warrant has been reviewed and audited for payment by the Town Board;
RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as
numbered and listed on the warrants.
Capital Projects Fund - Voucher No. H53 $ 200. 00
Water Fund - Voucher No. 432-556 $ 108, 022. 08
MOVED Councilman Klein, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously
d. Provisional Appointment Assistant Town Engineer.
RESOLUTION NO. 141(D) - PROVISIONAL APPOINTMENT ASSISTANT TOWN ENGINEER.
WHEREAS, there is presently a vacancy in the full time position of Assistant Town Engineer,
and
WHEREAS, the Town Supervisor, Director of Engineering and the Human Resources
Specialist interviewed candidates through the solicitation process as there was no civil service eligible
listing available; and
WHEREAS, the above people have determined that Creig Hebdon possesses the necessary
skills and experience to satisfactorily perform the duties of the said position; and
WHEREAS, the said position will be appointed provisionally, and will need to be one of the top
three reachable candidates from the next civil service exam for the said position; now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Creig Hebdon as the full-time Assistant Town Engineer; effective September 14,
1998, and be it further
RESOLVED, the said position is a 40 hours a week position at a starting hourly wage of
$ 16. 93, which is an estimated annual salary of $35, 214. 40, from account number A1440. 100, in Job
Classification "M" with full time benefits; and be it further
RESOLVED, the said appointment is a provisional appointment pending the results from the
next civil service exam for this position.
TOWN BOARD MINUTES 17 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED = APPROVED - APPROVED
OVED Councilman Klein, SECONDED Councilman Conley. . A vote on the motion resulted as
llows: Supervisor . Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
11ouncilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
lff, aye. Carried unanimously.
e. Provisional Appointment Network & Records Specialist.
RESOLUTION NO. 141(E) - PROVISIONAL APPOINTMENT NETWORK & RECORDS SPECIALIST.
WHEREAS, at the June 8, 1998 Town Board meeting the Town Board approved the creation
of the Network & Records Specialist full-time position; and
WHEREAS, Councilwoman Russell, Town Clerk, Director of . Engineering and the Human
Resources Specialist interviewed candidates through the solicitation process as there was not a civil
service eligible listing available; and
WHEREAS, the above people have determined that Lisa Titti possesses the necessary skills
and experience to satisfactorily perform the duties of the said position; and
WHEREAS, the said position will be appointed provisionally, and will need to be one of the top
three reachable candidates from the next civil service exam for the said position; now, therefore, be it
tRESOLVED, the Town Board of the Town of Ithaca does hereby approve the provisional
pointment of Lisa Titti as the full-time Network & Records Specialist , effective September 14,
9 98, and be it further
RESOLVED, the said position is a 37. 5 hours a week position at a starting hourly wage of
$ 14. 48, ;which is an estimated annual salary of $28, 236. 00, from account number A1460. 100, in Job
Classification "K" with full time benefits; and be it further
RESOLVED, the said appointment is a provisional appointment pending the results from the
next civil service exam for this position.
MOVED Councilman Klein, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; ' Councilman Klein, aye,
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 16 - PUBLIC HEARING : THE MATTER OF THE PROVIDING OF A PROPOSED
WATER ' IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER
IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM
BENEFITED AREA - 1998 - MECKLENBURG ROAD IN THE TOWN OF ITHACA, TOMPKINS
COUNTY, NEW YORK PURSUANT TO ARTICLE 124 OF THE TOWN LAW:
TOWN BOARD MINUTES 18 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Supervisor Valentino opened the public hearing at 7:00 p. m. The Town Clerk had proof of posting
and publication. With no persons present to be heard, Supervisor Valentino closed the public hearing
at 7:01 p. m.
Mr. Walker - Why must we create a benefited area for water if there is a town wide benefitted area?
Does it include repairs and improvements?
Attorney Barney - Repairs can be done without it.
Mr. Walker - Warren Road will be coming before the Town Board in October. Would there be a need
to provide for that work in the same way?
Attorney Barney - it depends upon the nature of work the Town will be doing .
Councilwoman Russell - How close can we get to the Agricultural Zone without having permission
from the Agricultural Commissioner to extend the waterline?
Mr. Walker - I do not think we need to have permission , but l do not think we can charge the benefit
assessment. We already have water close to the Agricultural Zone. This project would bring water
from the outer edge of the road surface area back to the core for re-enforcement.
Councilwoman Russell - How many feet away from the Agricultural Zone is it?
Mr. Walker - The Agricultural Zone is fifty feet away from the existing water main.
Councilwoman Russell - Is there a requirement to notify the Commissioner of Agriculture when a
water line extension is being considered in an Agricultural Zone?
Mr. Kanter - Yes . This particular area is outside the Agricultural District. The wording within the
Agricultural District is, " if a water or sewer extension would adversely affect agricultural uses in an
Agricultural District" .
Supervisor . Valentino - Does this mean we will have to again advertise the public hearing?
Attorney Barney - No . The town could choose to adjourn the decision to the next meeting .
Councilwoman Harrison - Is $ 100 , 000 the maximum estimated cost?
Mr. Walker - $ 100, 000 is for the town' s portion of the repairs. If the developer contributes $50, 000,
we would be spending less than $ 100 , 000. This plan was drawn based on the contribution from the
developer. We would need to amend it if we do the work ourselves, without the developer.
Councilwoman Harrison - We would then need to have a new public hearing .
Mr. Walker - The original estimate was for $200 , 000 .
TOWN BOARD MINUTES 19 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Attorney Barney - The estimate includes everything . The Town Board authorized the expenditure,
fe would sign a contract to build the main at a cost of up to $ 136, 000, after the Town Board
ceived a contribution from the developer.
Supervisor Valentino - The public hearing has been closed . Does the Town Board choose not to
take any action?
Attorney Barney - The Board could take no action, or instruct me to redo the requirements.
Technically another. public hearing should be scheduled , but I am not sure if the Town Board is
ready:
Supervisor Valentino - We need to discuss it at the next meeting, and then schedule another public
hearing.
Councilwoman Harrison - I would like the developer to be at the next meeting in order to get a
commitment.
Mr. Walker - If that is what the Board wants , we should hold off until we receive a commitment letter
from the developer.
Councilwoman Russell - Could the last sentence on Page 3 be explained?
r. Walker - We are using the Water Benefit Assessment to recover capital costs. Because of the
wn wide district it is assessed again .
Agenda Item No. 26 - Halber4/Burbank Park. Authorization to Expend Funds for Surveying/Re-
subdivision ,
Mr. Kanter - This is regarding a proposed donation and dedication of a park area on East King Road.
The site is across from Ridgecrest Road , The Town Board discussed this proposal six months ago
and liked the concept. It is not a substitution for the proposed community park in the South Hill area,
but a supplement. The two acre site will allow the town to bring more active, recreational facilities in
the midst of very developed areas . There could be areas for sitting areas looking over East Hill .
There could be tennis or basketball courts , a small lawn area, a small playing field for children , and a
play structure. It will have more. than in our neighborhood parks. Many south hill residents have
requested a more active park facility.
The area would allow us to relocate a proposed trail that was part of the upper south hill path
network. The original proposal had a path coming from East King Road going adjacent to the
Hospice site , behind the road lots, and through to Whitetail Drive. The problem that occurred was
the right-of=way the town received for a drainage way was too narrow to create a bicycle route. We
discovered . possible problems being close to the residential lots in the Deer Run neighborhood. This
proposal allows the town to look at the area in a different way.
TOWN BOARD MINUTES 20 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
The information proposes approving the concept and location of the proposed park area, and
authorizing staff to proceed with related costs associated with the proposal .
In order to accomplish the proposal , there are some land exchanges involved. We had to get an
agreement from the adjoining owner of the lots to be able to realign lot lines . That was completed in
concept. Mr. Malloy approved the concept and said to proceed as long as the town paid for the cost
of the survey and re-subdivision work. We did obtain estimates . The surveying and subdivision
costs would be $500 - $600 .
There are other potential related costs . For example, the real estate closing costs . Would the town
consider paying some of the property tax for the time Mr. Halberg retained the property, and while
the plans were being worked out. The current year' s taxes amount to about $ 1700. The total cost
estimate is about $3000.
Supervisor Valentino - How big is the parcel?
Mr. Kanter - The parcel is two acres . It would be donated to the town by Mr. Hallberg at no
additional cost to what is being discussed .
The Public Works Committee did discuss this on September 1 , 1998. The committee adopted a
resolution supporting the proposal , and recommending the town pay the costs.
Attorney Barney - In most situations , at closing an agreement is made saying they will continue to
pay the real estate taxes until the next taxable status date . I do not know if you want to require it in
this situation . It is different from a developer coming in and wanting to develop and provide us with a
park.
Mr. Kanter - According to the survey maps, there is 35 , 576 square feet to be conveyed to Mr.
Burbank. The taxes are negotiable in terms of the real estate closing . The taxes should be about
$ 1700.
Attorney Barney - There would be an additional $800 tax bill in January.
Supervisor Valentino - Our expenses as part of the agreement would be about $3000 , plus the
additional $800 tax bill in January.
Resolution No 142 - Acceptance of Concept/Location 2. 0 t Acre Parcel To Be Dedicated as Town
Park and Authorization to Expend Funds for Surveying and Re-subdivision of Same. Portions of Tax
Parcel No 's 4444. 32. 4444. 312 and 44. 2-242, East King Road.
WHEREAS, the Town of Ithaca 's adopted Park, Recreation and Open Space Plan (December 8,
1997) recommends the assemblage of land for a community park to be located on South Hill in the
proximity of East King Road, as well as the proposed Upper South Hill Path Network; and
TOWN BOARD MINUTES 21 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
WHEREAS, the Town of Ithaca has been offered a donation of approximately two acres of land
long East King Road for use as a town park, as shown on a survey map, entitled "Subdivision Map,
of Edwin Hallberg, Town of Ithaca, Tompkins County, State of New York, " dated 12/31197,
epared by Michael J. Reagan, Manzari & Reagan, Land Surveyors, partly in consideration of the
, nds
wn relinquishing its rights to a portion of an adjacent strip of land intended to be used as a portion
of the above-referenced trail; and
WHEREAS, the Town of Ithaca. Departments of Highways, Engineering, and Planning have
determined that a proposed trail can be re-routed on the proposed park parcel, as shown on a map,
entitled East King Road - Whitetail Drive Trail Alignment Study, " Town of Ithaca Planning
Department, August 20, 1998, and recommend that the proposed park land would be a valuable
addition to the Town 's park system; and
WHEREAS, in order to accomplish the above-referenced trail re-alignment and park dedication,
the adjacent property owner, Malloy Bros. Construction, has agreed in concept to a land exchange
which would involve re-surveying and re-subdivision of the parcels labeled as Lots 12, 13 and 14, on
the above-referenced map prepared by the Town of Ithaca Planning Department; and
WHEREAS, the Town has obtained a cost estimate in the amount of 13, 000. 00 from Manzari
& Reagan Land Surveyors to re-survey the above-referenced parcels by revising survey maps
already prepared by that firm; and
WHEREAS, there may be additional closing costs to the Town associated with conveyances of
tWpa rcels involved.
, THEREFORE, BE IT RESOLVED:
1 . That the Town of Ithaca Town Board hereby finds that the proposed concept and location of
the proposed park site and re-aligned trail, as described above, presents an opportunity for the
Town of Ithaca to establish a public park on South Hill consistent with the recommendations in
the adopted Park, Recreation and Open Space Plan and is an appropriate location for a public
park in the Town of Ithaca; and
2. That the Town of Ithaca Town Board hereby accepts the above described location of the 20
+A acre park site on South Hill, subject to the following conditions:
a. Deeds and abstracts showing good and marketable title for the proposed park parcel
shall be submitted in a form acceptable to the Attorney for the Town of Ithaca and the
Director of Planning for the Town of Ithaca, prior to acceptance of the park parcel by the
Town Board.
b. Final Subdivision Approval shall be granted by the Town of Ithaca Planning Board in
order to split off the parcels proposed as park land, prior to the Town Board accepting,
said park parcel.
TOWN BOARD MINUTES 22 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
AND BE IT FURTHER RESOLVED.
That the Town Board of the Town of Ithaca hereby authorizes the expenditure of an amount not to
exceed 3 000. 00 to pay for the costs of revised survey work and other costs associated with the re-
subdivision and conveyance of those parcels, to be charged to Account No. B8020. 406 Planning
Study.
MOVED Councilwoman Harrison, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman
Wolff, aye. Carried unanimously.
Agenda Item No. 20 - 1999 Priority Work Plan for 1999 Town Budget.
(See Attachment #9)
Councilwoman Harrison - Would the town be interested in an Intermunicipal operation where the
town would provide the composter for leaves and yard waste? Citizens have raised issues of
composting additional materials, and the inadequacy of the opening of City sites and facilities .
Mr. Noteboom - I have a meeting scheduled with Mr. Freebome of the Cayuga Nature Center. The
center has a composting program and they have asked us to transport wood chips to them . Mr.
Freebome is going to offer us tree stump grinding and tree removing services in exchange for the
trucking of the wood chips .
Councilwoman Harrison - The Cayuga Nature Center is going to be a pilot demonstration project. It
will last a couple of years. Becky Snyder a professor at Cornell University has been working with the
Water Resources Ordinance Committee . Ms . Snyder said in some of her work she has noticed some
ditches end up being sources of sediment in water ways. Have we looked at that issue , and thought
about any alternatives?
Mr. Noteboom - A few years ago we just cleaned out a ditch and scooped out the dirt. Now we put
up silt fences, bales of hay, and then seed the ditches. There is always some silt that escapes. We
have attempted to address the issue.
The West King Road ditch fell apart when we worked on it, so we are going to have to readdress it.
That whole section will need to be addressed .
I have had discussions with the Core of Engineers and the New York State Department of
Environmental Conservation about the possibility of receiving funding to address this area . It is a
major area for siltation into the inlet. If we do not address the slopes, we will lose roads .
Councilwoman Harrison - The William and Hannah Pew Trail appears in the Planning Department
priorities but, not in the Highway Department' s? .
n.
TOWN BOARD MINUTES 23 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED = APPROVED - APPROVED
Mr. Noteboom - There were a couple of items I left out of the Highway's priority plan . That was one
ecause there are a few properties that the town does not have easements for. I was reluctant to
clude them until the town was ready to build them.
Mr. Kanter - Our initial priorities will be to get the easements and designs into place, then apply for
grants .
Mr. Noteboom - We had last minute significant changes made at the Public Works Committee,
Councilwoman Harrison - The proposal to have pedestrian signs needs to be more specific as to
where they will be.
Mr. Noteboom - Highway will do a complete inventory of where crosswalks and signs ' are needed.
Councilwoman Grigorov - Do you have an idea of what will be done with the Bums Road
intersection?
Mr. Noteboom - No . It is something we have started to talk to the county about. The discussions
have led to the rises on Coddington Road and how to bring them down so there is more sight
distance. The intersection of Bums Road will also have to be brought up . Until the final survey, we
do not have an idea of the elevation changes that will need to be made. The intersection is
angerous because it is off-set from East King Road. Coming from Coddington Road a car is hard .to
free. The state is not going to do anything with it. The county feels they cannot afford to buy any
operty thereto realign the road . We are trying to improve the sight distance.
Councilman Conley - How are we going to raise the road without creating more of a problem from
getting out of Bums Road to Coddington Road?
Mr. Noteboom - We need to slope the road up and flatten it at the intersection so that the car is more
level with the road.
Councilwoman Harrison - Has any thought been given to home composting? I would like to suggest
that the Cornell Cooperative Extension has a person designated to coordinate a master composting
program.
Mr. Noteboom - We had an article in the last Newsletter about home composting.
Councilwoman Russell - Could we discuss Caldwell Road?
Mr. Noteboom - There has been discussion to see if Cornell will take over the road . The town . does
not have taxable properties along the road . Another alternative is to close the Forest Home Bridges ,
or make the Forest Home area one-way which would change what the town needs to do with
Caldwell Road . Until these issues are settled we decided to wait.
upervisor Valentino - The issues will be settled by the end of 1998.
TOWN BOARD MINUTES 24 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Councilman Conley - Is the Forest Home Bridge closed for repairs?
Mr. Noteboom - It is closed for reconstruction .
Councilwoman Russell - Who is responsible for the bridge?
Mr. Noteboom - The county is responsible .
Councilman Klein - Is there any research needed by the Town Attorney related to ownership of
Caldwell Road?
Supervisor Valentino - I would suggest we do not ask our Attorney to look into it until the Forest
Home issues have been settled . We have most of the budget. work complete except for water and
sewer.
Councilman Klein - Are there any estimates on the tax rate?
Supervisor Valentino - We are now doing the preliminary work and looking at the sales tax money
revenues. One scenario we will propose is to have the tax rate stay the same. The Fire Protection
District tax would no longer be subsidized . That tax would be increased about $0. 68 per thousand if
that is done . We are still looking at how the sales tax money fits in , and what the projections look
like .
Councilman Klein - Are property evaluations done through the County?
Supervisor Valentino - The Kendal assessment suit was finally settled . They were being taxed at a
higher rate . That is now balanced out. This is the first year we have really had a big loss in
assessed value. The problem is that the County has reassessed some areas and not others . We
now have some people who will pay higher taxes because the County has not changed certain
assessments. About $6 , 000, 000 of the assessment loss was inside of Cayuga Heights.
Agenda Item No. 21 - Formulas for Calculation of Water/Sewer Benefit Assessments :
Councilwoman Russell - I made the corrections to the formula that were suggested . The biggest
unsettled point is what to do with Cornell . It was decided that Cornell be assessed the " pennies" on
parcels they serve with their water system . Cornell is out of the revision which leaves the question of
Cornell sewer. I prepared some scenarios for the Board to review and provide feedback on .
Supervisor Valentino - I talked with Attomey Barney. Our understanding is that when everything was
consolidated into one water and sewer district, by law, the town is mandated to charge every parcel .
Councilwoman Russell - Shirley Egan brought up the issue that Cornell provides water service to
Forest Home , and that there was a trade off.
TOWN BOARD MINUTES 25 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
r. Walker - The town buys water from Cornell and they use our water main that they constructed
11mpus .d dedicated to the town . They use the main to transport their water to the north campus. The
wn pays them for the water that our customers use. Cornell utilizes most of the water in the north
The town does the maintenance , and Cornell is not being charged transmission charges.
Councilwoman Russell - There is no reason to drop the "pennies assessment" from Comell
properties. The sewer benefit charge to Cornell is based on water consumption and is attributable to
the cost of the Waste Water Treatment Plant, excluding the cost of transmission .
Mr. Walker - The only documentation I have are calculations from past years. The charge is
assessed to one of the . Comell tax parcels. It is the component of the benefit assessment that is
used to pay down the Waste Water Treatment Plant construction costs.
Councilwoman Russell - Is Number Six adequate to address that issue? It says °educational use
charges will be based on water consumption" .
Mr. Walker - Yes, and the power of the Town Board to vary applications of the benefit formula for
special uses.
Supervisor Valentino - Comell is part of the town wide benefit district and by law, the "pennies" need
to be assessed to them .
ouncilwoman Russell - I prepared a second draft that was more specific about Comell .
ttomey Barney - The Benefit Formula should be a formula that is applied universally to people or
properties.
Supervisor Valentino - The sewer is covered under Number Six and Seven .
Councilman Klein - If we modify Paragraph 4A, and delete the name Cornell , it will be fine.
Mr. Walker - Cornell's subdivided lots appear on these parcels without going through town approval .
Every time there is state financing a new parcel is developed. That is how the Veterinary School was
assessed. The new addition showed up as a new parcel . It is an issue of whether they should come
before the Planning Board before they subdivide the land. The State is not exempt from subdivision
regulations.
Attorney Barney - There is a question of whether a state dormitory is required to come before the
Planning Board.
Mr. Walker - Some of the problem occurs because assessments on the parcels are not current
because they have never been taxed or appeared on the tax . roll. If . Comell says their property is
worth more money it helps with fund raising .
ouncilman Klein - Would we violate state law by exempting Comell ?
TOWN BOARD MINUTES 26 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED " OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Attorney Barney - If a parcel is on the side of a cliff but the formula indicates there are three units for
that parcel , the Town Board could review it and say there was not a benefit. The same exception
could be made for Cornell .
Councilman Klein - There is a general logic behind the town wide district as there are benefits to the ~
community.
Mr. Walker - In Cornell' s case there are more benefits because our systems connect. We have the
ability to supply them with water. There is a capital cost for the town to have the water mains.
Councilman Klein - I think the Board came to an agreement that Cornell should pay those
assessments in accordance with law.
Attorney Barney - The main rationale was to equalize the benefit assessments across the town.
Supervisor Valentino - The community voted to have the water and sewer done this way.
Mr. Walker - The town wide benefited area supports the whole water program. General Fund monies
are not needed to make up the difference.
Councilman Klein - Should we expand Number 4? Cornell has undeveloped lots.
Attorney Barney - Cornell should be handled through Paragraph 101
Councilwoman Russell - Would that mean every parcel change would need to come before the
Board?
Attorney Barney - Not necessarily.
Supervisor Valentino " We do assess people the "pennies" who have water from their own systems.
The Town Board had a brief discussion on the exact language that would be used.
Councilwoman Grigorov - Was anything done with the conservation districts?
Councilwoman Russell - They were added into Number 10.
Councilman Klein - The beauty of the formula is that only road frontage was being looked at.
Conservation parcels tend to be deep , if they are served by water and sewer their assessments do
not include the back acreage.
Mr. Walker - We assessed the Conservation District on Coddington Road and found the formula
brought those units in line with the reduced assessments . There was one parcel that was originally
assessed for 8 or 9 units , it was reduced to 2 last year, and with the new formula is now 3 .
4
1
TOWN BOARD MINUTES 27 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED = APPROVED
uncilwoman� Grigorov - If some are served by water and all are served by sewer, how is it
sessed?
r. Walker - If the water or sewer contacts the property the whole parcel is considered served.
Councilman Klein - It does allow the Town Board to waive the " pennies" .
Councilwoman Grigorov = How far away must water be in order for a parcel to be considered "not
served"?
Mr. Walker - If the property is subdivided and a lot is created away from the end with water, the new
lot would no longer have water.
Councilman Klein - Decisions to waive the benefit tax are to be completed by Town Board
resolutions.
Mr. Walker. - The new formula and assessments have been calculated. We are in the process of
communicating with the Tompkins County Assessment Office to make sure their computer will know
what is to be assessed.
Uda Item No. 22 SE R: Formulas for Calculation of Water/Sewer Benefit Assessments.
Attachment #10)
LUT/ON NO. 143 - SE R: MODIFICATION OF WATER AND SEWER BENEFIT FORMULA.
WHEREAS, the Town Board is proposing to modify the benefit assessment formula for Special
Districts SD300, SD301, WD300, and WD301; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively
determined to act as Lead Agency in environmental review; and
WHEREAS, the Town Board has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the Town Supervisor, and Part ll prepared by the Director of
Engineering, and
WHEREAS, the Director of Engineering has recommended a negative determination of
environmental significance with respect to the modification of the Water and Sewer Benefit
Assessment Formula; now, therefore be it
RESOLVED, that the Town Board hereby makes a negative determination of environmental
significance in accordance with the New York State Environmental Quality Review Act for the
Modification of the Water and Sewer Benefit Assessment Formula.
OVER Supervisor Valentino, SECONDED Councilman Klein. A vote on the motion resulted as
!lows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman
TOWN BOARD MINUTES 28 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Conley, aye; Councilwoman Russell, aye; Councilman Wolff, aye; Councilwoman Harrison, absent.
Motion carried.
Agenda Item No. 23 - Adoption . Formulas for Calculation of Water/Sewer Benefit
Assessments.
RESOLUTION NO. 144 -
WHEREAS, the Town of Ithaca has made a number of water and sewer improvements for the
benefit of the citizenry of the Town; and
WHEREAS, the costs of such improvements are being paid by assessments of such costs
against the real properties benefited by such improvements; and
WHEREAS, the Town has adopted a formula for allocating such benefits; and
WHEREAS, the application of such previously adopted formula may have occasionally
resulted in allocations of costs that may , not have been in complete congruence with the benefit
conferred by a given improvement; and
WHEREAS, the Water/Sewer Special District Assessment Review Committee and the Town
Engineer, with the assistance of other Town staff and elected officials has suggested refinements to
the formula to make it more equitably reflect benefits conferred; and
WHEREAS, the Town Board has reviewed the proposed, revised benefit formula as stated in
the draft Town of Ithaca Water and Sewer Benefit Formula document submitted to this meeting; and
WHEREAS, pursuant to Pan` 617 of the implementing regulations pertaining to the State
Environmental Quality Review Act is has been determined by the Town Board that adoption of said
proposed revised benefit formula is a Type ll Action under Section 617. 5 (d) (31), as being the
interpretation of an existing state law requiring allocation of the cost of water and sewer
improvements to real properties in proportion to the benefits conferred; and
WHEREAS, the Town Board of the Town of Ithaca, after due deliberation, finds it in the best
interests of the Town to adopt said benefit formula,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts the "TOWN OF
ITHACA WATER AND SEWER BENEFIT FORMULA '; as set forth on the document submitted to this
meeting indicating it was adopted September 8, 1981 and revised September 8, 1998, a copy of
which document is to be included with the minutes of the meeting of which this resolution is a part;
and be it further
TOWN BOARD MINUTES 29 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED. - APPROVED - APPROVED
RESOLVED, such revised formula shall be used by the Town and other officials in preparing
e water and sewer. assessment rolls for the coming year and thereafter until further action of this
ard.
MOVED Councilman Klein, SECONDED Councilwoman Russell. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman .Grigorov, aye, Councilman Klein, aye Councilman
Conley, aye, Councilwoman Russell, aye; Councilman Wolff, aye; Councilwoman Harrison, absent
Motion carried present.
Agenda Item No. 25 - Establishment of Caaital Proiect Fund for lacovelli Park.
Supervisor Valentino - Is the expense for building the park part of this year's budget.
Mr. Noteboom - No. We are establishing a Capital Project Fund now for next year's work. We are
going to use the money that is left in the capital construction budget this year to partly fund the
project.
RESOLUTION NO. 145 - ESTABLISHMENT OF CAPITAL PROJECT FUND FOR VINCENZO
IACOVELLI PARK.
WHEREAS, Vincenzo lacovelli Park has been identified as a neighborhood park under the Parks
nd Open Space Plan; and
WHEREAS, the town Board of the Town of Ithaca has found there is a need for development of
is neighborhood park; and
WHEREAS, the proposed development cost will be $80, 000; and
WHEREAS, the Town Highway Superintendent and Town Budget Officer have jointly reviewed the
current and prospective operating budget; and
WHEREAS, there will be at least $30,000 remaining in the 1998 budget in the B7140. 402, Parks
Contractual Construction line item; and
WHEREAS, the proposed 1999 . Budget for that line item 87140. 402, Parks Contractual
Construction is $50, 000. and
WHEREAS, after discussion and plan review, the Town Board desires to appropriate said funds of
$30, 000 from the 1998 Budget and $50, 000 from the 1999 Budget to establish a Capital Project
herein know as the Vincenzo lacovelli Neighborhood Park"; now, therefore be it
RESOLVED, that the Town Supervisor and Town Budget Officer are authorized and directed to
establish said Capital Project on the Town Financial Records.
TOWN BOARD MINUTES 30 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
MOVED Supervisor Valentino, SECONDED Councilwoman Grigorov. A vote on the motion resulte
as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman . Klein, ayes
Councilman Conley, aye; Councilwoman Russell, aye; Councilman Wolff, aye; Counci/woma
Harrison, absent. Motion carried.
Agenda Item No. 27 - Ratification of Acceptance of Park Land from Richard and Mary Penn.
Attorney Barney - We had some discussions with the Town Board about the "Tot Lof and the larger
parcel adjacent to the Sgrecci property. Since those discussions things have moved rapidly and they
have conveyed the items to the town , but we realized that there were no formal resolutions
accepting the parcels .
Resolution No. 146 - Acceptance of Title Park Parcels - Sterling Cottage and Sterling House of
Ithaca.
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby ratifies the acceptance of
title to the "Tot Lot" and larger "Park Pafcer and related access roads as shown on the "Final
Subdivision Plan - Sterling House and Sterling Cottage of Ithaca "dated 5/19/98 and revised 6/11198,
from Richard and Mary Perry as part of the Sterling House and Sterling Cottage of Ithaca projects.
MOVED Supervisor Valentino, SECONDED Councilman Conley. A vote on the motion resulted as
follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilma
Conley, aye; Councilwoman Russell, aye; Councilman Wolff, aye; Councilwoman Harrison, absent
Motion carried.
Agenda Item .No. 30 - Report of Town Committees.
Councilwoman Russell - At the last Recreation Partnership meeting there was going to be a budget
vote , but Mrs. Noteboom and I made it clear that we had problems with the lay-out of the budget and
that we would not vote. The vote was not called on the budget that night. We were presented with a
new budget very close to that meeting . There was $40 , 000 more in that budget than previously seen
by the members . No one was present to answer our question on the changes that had taken place.
We also had a problem because there were no interest earnings being shown on' the budget for the
Partnership contributions , and that there was no fund balance shown . The vote was postponed to
the September meeting when we will hopefully get the answers we need on the changes . The Mayor
has met with Supervisor Valentino , Mrs . Noteboom and I . He seems to be understanding and
supportive of our concerns .
Councilman Klein - Does taking GIAC out of the Youth Bureau have any affect on the Recreation
Partnership ,
Supervisor Valentino - No , it is different from the Partnership .
Councilman Klein - At the Public Works Meeting we talked about the Warren Road projects . War
Hungerford , County Highway Manager talked to the committee and discussed the repaving o
TOWN BOARD MINUTES 31 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 = APPROVED -APPROVED - APPROVED
Warren Road . The County is going to repave from Hanshaw Road up to the BOCES property. The
ast side will have a seven foot paved shoulder, on the West there will be a five foot paved
houlder. The shoulders are for the pedestrians and bicyclists. They are working in the existing
fight-of-way so there will not be removal of trees or ditches.
Due to that work, Mr. Walker has recommended that we do a water and sewer replacement project in
conjunction with the County. There have been numerous breaks.. If we do not replace it now we will
be tearing up the pavement and working outside the right-of-way. The sewer will be on the East side
and the water will be on the West side, and we will be in the road right-of-way. It is a very expensive
project.
Mr. Walker - The cost would be $750, 000 to $800 , 000 total .
Councilman Klein - The fund balances are healthy.
Supervisor Valentino - We could get a favorable rate on a Bond Anticipation Note and pay it off in
five years.
Councilwoman Grigorov - Does a Bond Anticipation Note need a referendum?
Attorney Barney - Any time that a project is financed for five years or more.
uncilman Klein - The County Highway Manager is going to come to the October Town Board
e
oeting. Our project will be done next spring and through the summer. The County will do their
r rk in August 1999.
Supervisor Valentino - The Sewer Joint Subcommittee budget has been approved for next year. We
have been able to reduce the rate. It is recommended that we reduce the rate to ourselves, as
partners , but maintain the rate to our constituents because of the need for the money. Mr. Walker
said we; are getting good numbers from the City Comptroller.
I have been appointed to the Cable Franchise Bargaining Committee with the Mayor. We have
convinced the SCLIWC that we have plenty of money in the water fund. We have reduced the rate
to the partners from $2 . 55 to $2. 04. We could reduce our water rate by five or ten cents and use the
rest to fund water projects. The water and sewer portions of the budget are reasonably good. We
looked at the average water and sewer bill and determined that we could reduce the billings for each
household by $6 or $7 a year. Instead of reducing those bills,.. I suggest we use the money to make
needed repairs to the distribution system .
Ac
enda Item No. 31 - Report of Town Officials :
a. Town Clerk/Receiver of Taxes. (See Attachment #11 )
b. Highway Superintendent. ( See Attachment #12)
TOWN BOARD MINUTES 32 SEPTEMBER 8 , 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Mr. Noteboom - We have been asked to write a letter indicating the towns interest of doing a study
on the Cascadilla Bridge to see the feasibility of connecting Pine Tree Road and Judd Falls Road .
Supervisor Valentino - It has been determined it might be feasible to realign Pine Tree and Judd
Falls Road intersection . Our opinion was to let them do the study and the design , and then we could
decide .
c. Director of Engineering. (See Attachment #13)
Mr. Walker - The water tank painting went well . The paint used was a nontoxic substance. The
tanks were refilled and brought back on-line without any problems.
Councilman Conley - How many tanks were completed?
Mr. Walker - We did four tanks. Two more are planned for next year.
Due to the unfortunate incident several weeks ago, Mr. Noteboom and I had a meeting with Bolton
Point and the Fire Department to review how all the different agencies were going to work together to
prevent future occurrences . Tom Shield of the State attended the meeting . One question being
raised is how the keep employees aware of the confined space problems and how serious they can
be . Mr. Shield felt procedures should be strictly followed .
Mr. Noteboom - I have a concern about the Fire Department' s capabilities at this point because of
their equipment. We tell people if there is a problem that we cannot handle, if we cannot ventilate
the space and make it a good atmosphere , we do not go in . We do not have respirators to deal with
the problem , . so we get people that do . I was concerned that the Fire Department was not
adequately prepared to deal with some of those situations , even though the impression was that they
were .
Mr. Walker - The Fire Department has had budgetary constraints making them unable to equip
themselves for all situations. It is the lack of opportunity for training, the and lack of perception of
how serious the problem could be . The Fire Department has developed a nice training center and
have offered for use to use it to train employees. Another issue raised was that the Ithaca Fire
Department does not cover the entire Town of Ithaca so having them as our emergency responder
does not cover the entire town . We talked about with mutual aid agreements we could work out.
d . Director of Planning. (See Attachment #14) :
Mr. Kanter - There is State money available for transportation related projects , multi-modal
programs . It is similar to the enhancement monies that will hopefully be available again . This is
special member item monies. It is not a regular grant program . We were contacted to see if there
were any projects in the town that may be eligible for these funds. A list was put together and
submitted to Assemblyman Marty Luster' s office . We may be eligible to receive money for some of
our bikeway projects .
TOWN BOARD MINUTES 33 1 1 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED m APPROVED
uncilwoman Russell - Regarding the report on the Baker Institute , addition, is it accessed by
yder Hill ? Is this where they will be doing Bio Safety Level 3 research? :
r. Kanter - Yes , that is the access. They are doing disease research.
Councilwoman Russell - We did have a tour of the Bio Safety Level 3 facilities site. I am concerned
because the improvements to the Vet School created a Negative Determination of Environmental
Significance. There is a specific question about possible impacts to health . It was answered no, and
they are doing Bio Safety Level 3 research at Cornell. There are potential impacts.
Councilman Klein - The Baker Institute is strictly animal (dog) research.
Supervisor Valentino - The disease and viral levels they use are potentially dangerous to humans.
Councilman Klein - It is strictly for dogs . They are not using dogs to experiment human vaccines.
Councilwoman Russell - They are things that should be explored .
Mr. Kanter - This lab and office space is one that they have been using over the years.
Councilwoman Russell - It was my understanding they were going to do Bio Safety Level 3
periments.
r. Kanter - They have told the public to stay out of the area because of their testing. They have
sked Planning Board members if they would like to visit the site. The visit would be scheduled
through Cornell , or they can go themselves.
Councilwoman Russell - These are questions that need to be asked when the proposals come in.
Attorney Barney - They were asked on this proposal . It is a one room. office addition that barely
qualified for Site Plan Review.
Mr. Kanter - They brought it in for review so I assume it was not done by the Statutory Branch, and
they may not have even told us about it,
e Director of Building and Zoning. (As Submitted)
f. Human Resources Specialist. (As Submitted )
g: Budget Officer. (As Submitted )
Agenda , ltem No. 32 - Consider Executive Session.
Motion made by Supervisor Valentino , seconded by Councilman Wolff to enter . into Executive
Session to discuss potential litigation . Carried unanimously. The Board entered Executive Session
t 9: 05 p: m .
TOWN BOARD MINUTES 34 SEPTEMBER 8, 1998
APPROVED - APPROVED - APPROVED - OCTOBER 5, 1998 - APPROVED - APPROVED - APPROVED
Motion made by Councilman Klein , seconded by Councilwoman Grigorov to resume regular session .
Carried unanimously. The Board resumed regular session at . 9: 25 p. m .
Agenda Item No. 31 - Consider Adiournment.
As there was no further business to come before the Town Board , a motion was made by
Councilman Klein , seconded by Councilwoman Grigorov to adjourn. Carried unanimously.
Supervisor Valentino adjourned the meeting at 9:26 p. m .
Respectfully. submitted ,
Joan Lent Noteboom,
Town Clerk
*NEXT REGULAR MEETING - October 5 , 1998 at 5: 30 p . m .
'Minutes Transcribed by Carrie L. Coates .
C, C
Doria Higgins , 2 Hillcrest Drive to Town of Ithaca Town Board 9 /8 / 98
Before I get to what I want to a 'sk you let me remind you of
Some facts .
Back a few years ago Cornell and DEC ' s predecessor said that
the Cornell radiation disposal site would be just f. ine , nothing to
worry about . ..Ind now , we , you and me are paying an estimated
$ 15 million dollars to clean it up .
pack a few years ago Cornell and the governmental agency
involved said that the chemical disposal site would be just fine
nothing to worry about and now that too is contaminating our
environment . We , the taxpayers are only paying 23% of that total
clean up cost .
And then a year or two ago Cornell and DEC said that the
vat school incinerat (r was a fine idea , nothing to worry about .
Fortunately in that case the community caught oh that it was
something to worry about and , persuaded Cornell to back down .
You voted on June 11J think , to . approve the Cornell Lake
6ource- Cooling project ( LSC ) before the monitoring plan from
Cornell was due ,
mince then Bill Foster who works for the Federal Environmental
Protection Agency wrote a letter dated July 27 to your Planning
director asking him to distribute it to you .
Bill Foster told you that the Federal government was in process
of " developing ambient Water Quality Criteria for nutrients in fresh
water systems by 20004 States will be required to develop
enforceable standards based on these criteria within 3 years of their
completion . " He further said that in the event Cayuga Lake is
assessed as nutrieniimpaired all sorts of strict treatments might be
declared necessary by the state and we , the taxpayers could be faced
with " a significant financial burden . "
We know because Cornell has told us and the EIS makes clear that
the LSC will be adding to the pollution of the lake by adding
phosphorus from the cold depths of the lake where it is dormant to the
upper southern layer of the lake where it will increase algae bloom
which adds to the eutrophication of the lake .
Bill Foster ' s letter further said " a strategy for reducing
phosphorus loading to Cayuga Lake could necessitate stricter storm
water controls for new or existing development , mandatory septic
system upgrades , additional agricultural management practices , or
sewage treatment plan upgrades any of which could amount to a
significant burden to the Ithaca community . "
Now to what I want to ask you to do . As you may, know the only
involved agency in the S.EGRA process which can ask for a supplemental
EIS is the lead agency - - in this case DEC . I urge you to ask DEC as
lead agency to ask • for ' a supplemental EIS or your behalf
because of possibley►hardships to Fonstituents and because u were
not earlier aware of the im ending � � to require Stya� e
Ir p g �c, P4 mandates ,
governments to develop enforceable standards for fresh water systems .
That way you coui ensure that future costs to meet those future
criteria could at a t be shared by Cornell ,
negofiat'e w covgc U fo
Attachment # 1
Town Assigned Project M Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
11RT 1 - PROJECT INFORMATION To be completed by A pplicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
Local Law -Legal Defense & Indemnification of Town of Ithaca
Town of Ithaca Town Board Officers and Employees
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
N/A
Tax Parcel Number. N/A
4. Is proposed action:
NEW? EXPANSION? MODIFICATION/ALTERATION? X Amendment of owinance)
I Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant
items) :
Enactment of a local law amending Local Law No. 2 of the Year 1983 providing for the legal defense and indemnification of Town
of Ithaca officers and employees.
Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of land affected: N/A
itially 0-5vrs) Acres 6- 10vrs) > 10 vrs) Acres
ow is land zoned presently? N/A
M proposed action comply with existing zoning or other existing land use restrictions .'
s NO If no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other
Please Describe: N/A
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES NO X
If yes, list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_ X
If yes, list agency name and permit/approval. Also, state whether it will require modification:
I CERTIFY THAT THE INFOWMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY ICYOWLEDGE
Applicant/Sponsor Name (Print or Type): Catherine Valentino, Supervisor, Town of Ithaca
Signature and Date: / t/u ..z Y�or.cr
Attachment # 2
PART II - ENVIRONMENTAL ASSESSMENT To be completed b ; the Town ; Use attachments as necessarv)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO X If yes, coordinate the review proc ess and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly.
None anticipated.
C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly.
None anticpated.
C3 Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None anticipated.
C4 The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
CS Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6 Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly:
None anticipated.
C7 Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly: See Attached.
E. Comments of staff X CB other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i.e. urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address:
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination . n
Town of Ithaca Town Board 7 /
Name of Lead Agency Pceparer's Signature(If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE:
September 8 , 1998
Signature of Responsible Officer in Lead A encv
LOCAL LAW NO 10 FOR THE YEAR 1998
A LOCAL LAW AMENDING LOCAL LAW
NO . 2 OF THE YEAR 1983 PROVIDING FOR THE
LEGAL DEFENSE AND INDEMNIFICATION OF
TOWN OF ITHACA OFFICERS AND EMPLOYEES
Be it enacted by the Town Board of the Town of Ithaca as follows :
A . Local Law No . 2 of the year 1983 is hereby amended so that the _local law , in its
entirety , shall read as follows :
" Section 1 . As used in this local law , unless the context otherwise requires :
a. The term " employee " shall ' mean any Town commissioner, member of a Town board
or commission , Town officer , Town employee , Town volunteer expressly authorized by
the Town to participate in a publicly sponsored volunteer program, or any other person
holding a Town position by election, appointment or employment in the service of the
Town, whether or not compensated , but shall not include an independent contractor. The
term "employee " shall include a former employee of the Town, his estate or judicially
appointed personal representative .
b . The term " Town " shall mean Town of Ithaca .
Section 2 .
a. Upon compliance by the employee with the provisions of Section 3 of this local law ,
the Town shall provide for the defense of the employee in any civil action or proceeding
in any state or federal court arising out of any alleged act or omission which occurred or
is alleged in the complaint to have occurred while the employee was acting or in good
faith purporting to act within the scope of his public employment or duties including ,
without limitation, any civil action or proceeding arising out of any alleged act or
omission in which it is alleged that the officer or employee has violated the civil rights
of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the U . S . Civil
Rights Act (42 U . S . C . Sections 1981 and 1983 ) . Such defense shall not be provided
where such action or proceeding is brought by or on behalf of the Town.
b . Subject to the conditions set forth in this local law , the employee shall be represented
by the Town attorney or an attorney employed or retained by the Town for the defense
of the employee . The Town Board of the Town shall employ or retain an attorney for
the defense of the employee whenever ( 1 ) the Town does not have a Town attorney , (2)
the Town Board of the Town determines based upon its investigation and review of the
facts and circumstances of the case that representation by the Town, attorn ey would be
inappropriate , or (3 ) a Court of competent jurisdiction determines that a conflict of
interest exists and that the employee cannot be represented by the Town attorney .
Attachment ;'� 3
indemni.il, wp5lithllocaUaw September 4, 1998 3:55prr.
Reasonable attorneys ' fees and litigation expenses shall be paid by the Town to such
attorney employed or retained , from time to time , during the pendency of the civil action
or proceeding subject to certification by the Supervisor that the employee is entitled to
representation under the terms and conditions of this local law . Payment of such fees and
expenses shall be made in the same manner as payment of other claims and expenses of
the Town. Any dispute with respect to representation of multiple employees by the Town
attorney or by an attorney employed or retained for such purposes or with respect to the
amount of the fees or expenses shall be resolved by the Court .
c . Where the employee delivers process and request for a defense to the Town attorney
or the Supervisor as required by Section 3 of this local law , the Town attorney or the
Supervisor , as the case may be , shall take the necessary steps , including the retention of
an attorney under the terms and conditions provided in paragraph (b) of this section, on
behalf of the employee to avoid entry of a default judgment, pending resolution of any
question relating to the obligation of the Town to provide a defense .
d. Subject to the conditions set forth in this local law , the town shall indemnify and save
harmless its employees in the amount of any judgment obtained against such employees
in a state or federal court, or in the amount of anv settlement of a claim, provided that
the act or omission from which such judgment or claim arose occurred while the
emplovee was actin; within the scope of his public employment duties ; provided further
that in the case of a settlement, the duty to indemnify and save harmless shall be
conditioned upon the approval of the amount of settlement by the Town Board of the
Town. The duty to indemnify and save harmless prescribed by this subdivision shall not
arise where ( 1 ) the injury or damage resulted from intentional wrongdoing or recklessness
on' the part of the employee , or (?) with respect to punitive or exemplary damages , fines
or penalties , or money recovered from an employee pursuant to Section 51 of the General
Municipal Law , provided , however , the Town shall indemnify and save harmless its
employees in the amount of any costs , attorneys ' fees , damages , fines or penalties which
may be imposed by reason of an adjudication that an employee , acting. within the scope
of his public employment or duties , has , without willfulness or intent on his part, violated
a prior order , judgment, consent decree or stipulation of settlement entered in any court
of this state or of the United States .
Section 3 .
a . The duties to defend provided in this local law shall be contingent upon (a) delivery
to the Town attorney or , if none , to the Supervisor of the original or a copy of any
summons , complaint, process , notice , demand or pleading within five days after the
employee is served with such document and (b) the full cooperation of the employee in
the defense of such action or proceeding and defense of any action or proceeding against
the Town based upon the same act or omission, and in the prosecution of any appeal .
Such delivery shall be deemed a request by the employee that the Town provide for the
indemni.11, wp5l ithllocallaw September 4. 1998 3:55pm
employee ' s defense pursuant to this local law , unless the employee shall state in writing
that a defense is not requested .
b . Upon entry of a final judgment against the employee , or upon the settlement of the
claim, the employee shall serve a copy of such judgment or settlement, personally or by
certified or registered mail within thirty days of the date of entry or settlement, upon the
Supervisor of the Town; and if the employee has complied with the provisions of this
section as well as the other provisions of this local law and Section 28 , of the Public
Officers Law , the amount of such judgment or settlement shall be paid by the Town.
Section 4 . The benefits of this local law will inure only to employees as defined herein
and shall not enlarge or diminish the rights of any other party nor shall any provisions
of this local law be construed to affect, alter or repeal any provisions of the Worker' s
Compensation Law .
Section 5 . The provisions of this local law are not in any way intended to affect the
obligation of any claimant to give notice to the Town under Section 50-e of the General
Municipal Law , or any other provision of law .
Section 6 . All payments made under the terms of this local law , whether for insurance
or otherwise shall be deemed to be for a public purpose and shall be audited and paid in
the same manner as other public charges .
Section 7 . The provisions of this local law shall not be construed to impair, alter , limit
or modify the rights and obligations of any insurer under any policy of insurance .
Section 8 . As otherwise specifically provided in this local law , the provisions of
this local law shall not be construed in any way to impair, alter, limit, modify , abrogate
or restrict any immunity available to or conferred upon any unit, entity , officer or
employee of the Town or any right to defense provided for any governmental officer or
employee by , in accordance with, or by reason of, any other provision of state or federal
statutory or common law .
Section 9 . The benefits accorded to employees under this local law shall be in lieu of and
take the place of defense or indemnification protections accorded the same employees by
another enactment, except Public Officers Section 18 , it being the intention that the
indemnification and defenses provided pursuant to this local law shall be co-extensive
with those provided under Section 18 of the Public Officers Law ,
Section 10 . The provisions of this local law shall apply to all actions and proceedings
suecified herein which have been commenced , instituted or brought on or after the
eafective date of this local law .
% indemni. U, wpSlithllocallaw September 4, 1998 3:55pm
Section 11 . If any provision of this local law or the application thereof to any person or
circumstance be held unconstitutional or invalid in whole or in part by any court, such
holding of unconstitutionality or invalidity shall in no way affect or impair any other
provisions of this local law or the application of any such provision to any other person
or circumstance .
B . This local law is adopted pursuant to the provisions of Section 18 of the Public
Officers Law of the State of New York and is intended to qualify as a local law
(i) conferring the benefits of Section 18 upon the Town' s employees and
(ii) agreeing to be held liable for the costs incurred under the provisions of Section 18 .
C . This local law shall take effect 10 days after its adoption or upon filing in the office
of the Secretary of State of the State of New York, whichever is later.
4
i
I
i
CERTIFICATE OF NECESSITY
The undersigned , Town Supervisor of the Town of Ithaca, hereby certifies to the necessity
for the immediate passage of the local law entitled "A LOCAL LAW AMENDING LOCAL '
LAW NO . 2 OF THE YEAR 1983 PROVIDING FOR THE LEGAL DEFENSE AND
INDEMNIFICATION OF TOWN OF ITHACA OFFICERS AND EMPLOYEES " .
Catherine Valentino
Supervisor
Dated : September 8 , 1998
I
i
I
I
i
I
r II
ACENDA # 24
CONTRACT SPECI S TOWN OF ITHACA
HIGHWAY/PARKS STORAGE BUILDING
BID OPENING - MONDAY, AUGUST 31 , 1998 a, 3: 15 P. M .
TOWN OF ITHACA BOARD ROOM
COMPANY NAME & ADDRESS SPEC NUMBER NON-COLLUSION BID BOND TOTAL BID APPARENT LOW BIDDER
FINGERLAKES CONSTRUCTION, CO.
CRAIG NORTON 8 X X $372732.00
10269 OLD R'C 31 W. CLYDE NY 14433
DATE: 8-31 -98 I'IME: 10:05 P.M.
n 1311) RECEIVED YES F-t-t-t- NO
rt
w
a'
MARINELLI BUILDERS Chcc l: Ccrl'd
m
4121IIS11ER SE'I"II.EMENT ROAD 9?7?? X #422548 $30,255.00
:3 SPENCER, NY 14883
rt DATE: 8-31 -98 TIME: 11 :00 a. m.
BID RECEIVED YES NO
❑ ❑ ❑ ❑ ❑ ❑ ❑ Town Assigned Project M Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY.
PART 1 - PROJECT INFORMATION To be completed by A plicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
Local Law - Sewer Use Requirements to Conform to Recent
Town of Ithaca Town Board EPA and DEC Regulatory Changes.
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
N/A
Tax Parcel Number: N/A
4. Is proposed action:
NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of omunmce)
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant
items):
Enactment of a local law amending Local Laws No. 1 of the Year 1984 and No. 17 of the Year 1992 both relating to sewer use
requirements to conform such local laws to recent EPA and DEC regulatory changes.
Attach separate sheet(s) if necessary to adeauately describe the proposed mject.)
V of land affected: N/A
5vrs) Acres (6= 10vrs) (> 10 rs) Acres
nd zoned presently? N/A
. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes NO If no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other.
Please Describe: N/A
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal; State, Local?) YES NO X
If yes, list agency name and permit/approval/funding.
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X
If yes, list agency name and permit/approval. also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type): Catherine Valentino, Suvervvisor, Town of Ithaca
Signature and Date: G��x
Attachment # 5
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO X If yes, coordinate the review pro cess and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any,
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None anticipated.
C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated.
C3 Vegetation or fauna, fish, shell isb, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly.
None anticipated.
C4 The Town' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated. )
C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. )(
None anticipated.
C6 Long term,. short term, cumulative, or other effects not identified in C1aC3? Explain briefly:
None anticipated.
C7 Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D . Is there, or is there likely to be controversy related to potential adverse environmental . impacts?
YES NO See Attached.
E. Comments of staff X CB other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above , determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i.e. urban or Waal); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination . /)
Town of Ithaca Town Board l I �
e
Name of Lead Agency PreBarer' s Signature(If different from Responsible Officer)
Catherine Valentino, Suaervisor
Name & tit a of Respons'iblle Officer� In Lead Agency Signature of Contributing Preparer
DATE: September 8 , 1998
TOWN OF ITHACA
LOCAL LAW NO. 11 OF THE YEAR 1998
A LOCAL LAW AMENDING LOCAL LAW N0, 1 OF THE YEAR
1984 AND LOCAL LAW NO. 17 OF THE YEAR 1992 BOTH RELATING TO
SEWER USE REQUIREMENTS TO CONFORM SUCH LOCAL LAWS TO RECENT EPA
AND DEC REGULATORY CHANGES
Be it enacted by the Town Board of the Town of Ithaca as follows .
Section 1 . Local Law No. 17 of ' the year 1992, adopted July 13 , 1992 entitled " A
LOCAL LAW AMENDING LOCAL LAW NO. 1 OF THE YEAR 1984 REGULATING THE
USE OF PUBLIC SEWERS AND DRAINS , PRIVATE WASTEWATER DISPOSAL, THE
INSTALLATION AND CONNECTION OF BUILDING SEWERS , AND THE DISCHARGE
OF WATERS AND WASTES INTO THE PUBLIC SEWER ,SYSTEMS , THE TREATMENT
AND PRETREATMENT OF INDUSTRIAL WASTES , AND PROVIDING FOR THE
INSPECTION OF SUCH FACILITIES AND THE ENFORCEMENT OF THIS LAW WHICH
AMENDMENTS CONFORM LOCAL LAW NO, I OF THE YEAR 1984 WITH RECENT EPA
AND DEC REGULATORY CHANGES " , which Local Law amended Local Law No . 1 of the
year 1984; ,is amended as follows :
1 . Section 3 . A(28 ) , entitled " Pretreatment Requirement" is - amended by deleting the
second sentence of same .
2. Section 5 entitled " Specific Discharge Prohibitions " is amended by adding to
subparagraph (B ) of such section the following sentences at the end thereof:
"The preceding list of substances is not a comprehensive list of prohibited substances.
If a substance meets the general criteria set out in the first two sentences of this
subparagraph, it is prohibited. "
3 . Section 5 entitled " Specific Discharge Prohibitions " is further amended in
subparagraph (J) by deleting at the end thereof the phrase " , unless the Approval Authority, upon
request of the POTW, approves alternate temperature limits' .
4. ,Section 7 entitled " Categorical Pretreatment Standards " is amended by adding a new
sentence at the beginning thereof and modifying the next seItcnce so that the first two sentences
will now read as follows :
Attachment if6
sewer.111, wp5lith/lacallaw, August 28, 1998 2:50pne
" Categorical Pretreatment Standards which EPA has promulgated for specific industrial
sub-categories are hereby incorporated by reference . Where Categorical Pretreatment
Standards are more stringent than the local limits , industrial users in those sub-categories
shall comply with the more stringent Categorical Pretreatment Standards in accordance
with the compliance timetables for each Categorical Pretreatment Standard mandated by
EPA. "
The balance of Section 7 remains unchanged .
5 . Section 16 entitled " Permit Application Requirements " is amended by relettering
subparagraph. (0) to be subparagraph (P) and inserting a new subparagraph (0) reading as
follows :
" 0. A list of any environmental control permits held by or for the user; "
6 . Section 22 entitled " Reporting Requirements " , paragraph (A) is amended by adding
at the end thereof the following :
including a statement whether Pretreatment Standards are being met on a consistent
basis , and, if not, whether additional O&M and/or additional pretreatment is required for
the Industrial User to meet the Pretreatment Standards and Requirements. This statement
shall be reviewed by an Authorized Representative of the Industrial User and certified to
by a qualified professional . "
7 . Section 22 entitled " Reporting Requirements " , paragraph B . is amended by adding the
following at the end thereof:
" This report shall contain the information required in 40 C . F. R. Section 403 . 12 (d) ,
including the nature and concentration of all pollutants in the discharge from each
regulated process , and the average and maximum daily flow for these process streams.
This report further shall state whether Pretreatment Standards are being met on a
consistent basis , and, if not, whether additional 0&M and/or additional pretreatment is
required for the Industrial User to meet the Pretreatment Standards and Requirements.
This statement shall he reviewed by an Authorized Representative of the Industrial User
r and certified to by a qualified professional . "
S . Section 22 entitled " Reporting Requirements " , paragraph C is amended by adding in
the first sentence after the phrase " such Standard or Pretreatment" the word " Requirement" , and
by adding the following sentence at the end thereof:
sewer. !!!. wp5l .th 1lucallaw. August 28. 1998 2:50pm
" In addition such reports shall include a record of measured or estimated, average
and maximum daily flows for the reporting period. "
9 . Section 42, entitled " Legal Action" is amended in the first sentence by deleting the
phrase " discharges industrial wastes , septage, or other waste water into the POW contrary to"
and inserting instead the word " violates " .
Section 2. In the event that any portion of this local law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3 . This local law shall become effective ten ( 10) days after its enactment, or, if
later, upon the filing of a copy of same with the office of the Secretary of State of the State of
New York.
3
❑ ❑ ❑ ❑ ❑ ❑ ❑ Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
tT 1 - PROJECT INFORMATION ( To be completed by A 3plicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
Local Law - Sewer Use Requirements Relating to Local Pollutant
Town of Ithaca Town Board Limitations to Establish Revised Pollutant Limitations.
31 ,Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
N/A
Tax Parcel Number. N/A
4. Is proposed action:
NEW? EXPANSION? MODIFICATION/ALTERATION? X Amendment of Ordinance)
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant
items).
Enactment of a local law amending Local Laws No. I of the Year 1984 relating to sewer, use requirements and No. 18 of the Year
1992 relating to local pollutant limitations to establish revised pollutant limitations.
Attach separate sheet(s) if necessary to adeauately describe the proposed project.)
Amount of land affected: N/A
itially �04vrs) Acres (6= 10vrs) (> 10 vrs) Acres
. How is', land zoned presently? N/A
80 Will proposed action comply with existing zoning or other existing land use restrictions .
Yes NO If no, describe conflict brieflv: N/A
9. Will proposed action lead to a request for new.
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
sssissi
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other.
Please Describe: N/A
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES NO X
If yes, list agency name and permit/approvallfunding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X
If yes, list agency name and permit/approval. Also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca
Signature and Date: Y
Attachment 07
PART II - ENVIRONMENTAL ASSESSMENT o be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO X If yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None anticipated.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly.
None anticipated.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Long term, short term, cumulative, or other effects not identified in C1-059 Explain briefly:
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO : See Attached.
E. Comments of staff X CB other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above , determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
Check here if you have determined, based on the information and analysis above and any supporting documentation, that .
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Town Board L—�z
Name of Lead Agency Priparer' s Signature(If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
C#/L; � ti� V�� DATE: Seotember 8 1998
Signature of Res onsible Officer in Lead Aeencv
TOWN OF ITHACA
LOCAL LAW NO. 12 OF THE YEAR 1998
A LOCAL LAW AMENDING LOCAL LAWS NO. 1 OF THE YEAR' 1984 RELATING TO
SEWER USE REQUIREMENTS AND NO. 18 OF THE YEAR 1992 RELATING
TO LOCAL POLLUTANT LIMITATIONS TO ESTABLISH REVISED
POLLUTANT LIMITATIONS
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . Local Law No . 18 for the year 1992, entitled " A LOCAL LAW AMENDING
LOCAL LAW NO. 1 OF THE YEAR 1984 REGULATING THE USE OF PUBLIC SEWERS
AND DRAINS , PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS , AND THE DISCHARGE OF WATERS AND
WASTES INTO THE PUBLIC SEWER SYSTEMS , THE TREATMENT AND
PRETREATMENT OF INDUSTRIAL WASTES , AND PROVIDIIING FOR THE INSPECTION
OF I SUCH FACILITIES AND THE EtiFORCEMEVZ OF THIS LAW TO ESTABLISH
REVISED POLLUTANT LIMITATIONS " , amending Local Law No. L of the year 1984, is
hereby amended as follows :
1 . Section 1 entitled " Purpose and Applicability" , paragraph A, is amended to read as
follows :
" A. The purposes of this law are to set forth specific discharge limitations (hereafter
referred to as local limits) to prevent Pass Through and Interference ; to protect the safety
and health workers at the Ithaca Area Wastewater Treatment Facility (POTW) , and to
improve opportunities to recycle and reclaim municipal and industrial wastewaters and
sludges . "
2. Section 2 entitled " Definitions " is amended to read as follows :
" 2. Definitions .
The definitions set forth in Local Law No . 17 of the year 1992, Section 3 , as they may
be revised from time to time , shall apply to the words in this chapter. "
3 . Section 3 entitled " Specific Pollutant Limitations " is amended tolread as follows :
Attachment # 8
sewer. 112, wpSlith/locallaw, August 23, 1993 2:51pm
MAXIMUM MAXIMUM
CONCENTRATION CONCENTRATION
30-DAY AVERAGE 24-HOURAVERAGE
POLLUTANT m Jl (mefl)
Arsenic 0. 6
Barium 80 240
Cadmium 2 . 5 7 . 5
Chromium , total 8 24
Chromium , hexavalent 1 3
Copper 2 6
Cyanide 0. 2 0. 6
Iron 180 - 1- 540
Lead 20
Manganese 8 24
Mercury 105 4. 5
Nickel 10
Silver 6 18
Zinc 20 35
DISCHARGE LIMIT
INSTANTANEOUS
POLLUTANT (ppm )
Oil & Grease 50
(petroleum based) "
4. Section 4, entitled "Applicability of Other Requirements and Prohibitions " is amended
by adding at the end thereof the phrase " as it may be revised from to time. "
Section 2. In the event that any portion of this local law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3 . This local law shall become effective ten ( 10) days after its enactment, or, if
later, upon the filing of a copy of same with the office of the Secretary of State of the State of
New York.
2
Agenda No . 20
JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk
Town Clerk/Receiver of Taxes o� OF 1p A. Kelley, Deputy Town Clerk
I thown of Ithaca ,� n a�
26 E. Seneca Street �� ° "
aca, NY 14850 (607) 273- 1721 , Fax (607) 273-5854
TOWN CLERK/RECEIVER OF TAXES`
1999 PRIORITY WORK PLAN
and
BUDGET REQUESTS
Town Clerk:
1 . Research of 1997/98 enacted New York State legislation (47 laws) which delegate
certain administrative duties and responsibilities to Town Clerk.
2 . Continued review and reorganization of water and sewer billing methods and
collections with Accounting Department to streamline efforts and avoid duplication
of work.
Records Management:
1 . Complete review, disposition and inventory of all town records .
2 . Develop and design Records Storage Center in new Town Hall .
30 Systematic and organized move of records to new Town Hall .
4. Development of records management pc. licies for electronic records including
indexing , internet, WEB site .
5 . Development and approval of Records Management Disaster Plan ,
6 . Completion of grant application to the State Archives Records Administration for
funding of development of the Records Storage Center in the new Town Hall ,
7 . Administration of SARA grant if received .
8 . Continued work with Conservator for the restoration and preservation of historical
documents and books dating back to 1821 , (43 volumes) .
9. Negotiations with other municipal entities for renting space in the new Records
Management Center.
106 Revision of Records Management Procedures and Policy Manual to incorporate
any additional guidelines needed for electronic records , and asi a result of the
move to the new Town Hall .
TAX COLLECTION :
1 . Preparation and mailing of 1999 Tax Bills .
2 . Administration and daily collection of 1998 Tax Warrant.
Attachment # 9
1999 Work Plan/Budget
Town Clerk/Receiver of Taxes
Page 2 ,
TOWN CLERK/TOWN BOARD :
1 . Revisions to Taxi Cab Ordinance .
2. Amendments to local law establishing fees charged by Town Clerk, (copies of
Zoning Ordinance , etc. ) .
Other duties and responsibilities of the Town Clerk/Receiver of Taxes as outlined in
Town Law, General Municipal Law, Public Officers Law, Finance Law, and Real
Property Tax Law will also be performed during the year.
Respectfully submitted ,
Joan Lent Noteboom
Town Clerk/Receiver of Taxes
dad
1999 Hie hwav/ Parks Work Plan
I . Drainage and Storm Water Management Plan
2, Permanent Improvements
3 . Preventative Maintenance
4. Implementation Plans for Expansion of Highway/ Parks Facility
5 . Sign Program
6 . Right-of-Wav Maintenance Program
7. Infrastructure and Data Base Development
8 . Continue Providing Yard Waste Collection
9 . Public Safety Improvements of Infrastructure
10 . PESH (Safety) Compliance
11 , Park Maintenance and Upgrades
12. Water and Sewer Maintenance
11 Major Projects :
Saranac Way
Maple Avenue
Iacovelli Park
Burns Road Intersection
14, Equipment Servicing and Preventative Maintenance
Attachment #9
Breakdown of 1999 Highwav / Parks Work Plan
1 . Drainage and Storm Water ` lanagement Plan--Priority
a . As storm water management plan dictates, we have not developed
specific projects yet.
b . Work with Engineering and Planning to continue to develop Town-wide
needs and plan.
2. Permanent Improvements
a . List of roads to pave
1 . Saranac Way
2. Maple Avenue
3 . Burns Road Intersection
b . List of jobs to be completed before and after paving
1 . UFPO sites
2. Clean ditches
3 . Change pipe crossings
4. Raise manholes
D . Raise shutoffs
6 . Fix shoulders
7. Center road and check slopes
8 . Improve road base drainage
9 . Lawn Repairs
C . Park and Trail Projects ,
1 . Maple Avenue bicycle and pedestrian connection
2. Vincenzo Iacovelli Park Development
3 , Preventative Maintenance
a. Surface Treat Roads and Trails
1 . Improve drainage, where possible
2. Check manhole and water shut offs, repair when necessary
3 . Shim and repair base, where necessary
4. Crack seal
5 . Cut brush and trees, where necessary
6 . Repair shoulders
7 . Broom
4. Implement Plans for Upgrades and- Expansion of Highway' / Parks Facility
51 Sign Program
a. Roads and Trails
I . Includes inventory replacement and additional signage, where
necessary
b. Sign Inventory
1 . Continue imputing data on computers
2. Training to maximize use of programs
3 . Training on Computer Programs on Sign Maintenance
6 , Right-of-Wav Maintenance Program
a. Mow roadsides
1 . Map and continue to develop uniform procedures
b . Water and Sewer easements
1 . Map and continue to develop uniform procedures
C , Trails
d. Water and Sewer Pump Stations and Tank Sites
e . Tree inventory and tree planting program in Town
7 Infrastructure and Data Base Development (Summer Student Intern to assist)
a. Upgrade/ Input Data on Computer Programs
1 , Highwayman Helper
2, Arc.View
3 . AutoCAD
4. GIS
8 . Continue Providing Yard Waste Collection
a. Evaluate cost to provide services
1 . Mandate use of biodegradable paper bags
2. Bi-yearly rental of tub grinder
i
b . Strive to Improve Efficiency
1 . Yard waste pickup
2. Drop off sites
3 . Chip and compost pickup
4 . Encourage home composting
9 . Public Safety Improvements to Infrastructure
a. Guide Rails
b . Fencing
1 . Water Tanks
2, Storm Water Detention Areas
C . Crosswalks
1 . Provide signage
2. Striping
3 . Inventory
d . Pedestrian and Bicvcle Lanes
1 . Coordinate plans and implement projects to provide more public
safety
e . Storm Drain--Child Proofing
a . Inspect and build systems so children cannot get in
f. Signage
g. Center Line Road Striping
h. Traffic Counts and Park and Trail Usage Counts
I . Hazardous Tree Removal
10 . PESH (Safety) Compliance
a. Employee Training
1 . Right-to-Know
2. OSHA
3 . UFPO (Underground Utilities)
4 . Equipment Operation
5 . Traffic Control and Flagging
6 . Driver Training
7, Confined Space Training
8 . Ergonomics
b. Facility Compliance
11. Park Maintenance and Upgrades
a. Regular Grounds Maintenance
b . Play Structure Maintenance
C , Repairs to Facilities .
d. Plantings and Landscaping
e. Special Projects .
12. Water and Sewer Maintenance
a. Water
1 . Emergency Repairs
2. Regular Maintenance
b. . Sewer
1 , Emergency Repairs
2. Regular Maintenance
13 . Major Projects
a. Saranac Way reconstruction
b. Maple Avenue reconstruction
C , Iacovelli Park construction
d . Burns Road Intersection
14, Equipment Servicing and Preventative Maintenance
a. Repairs
b . Preventative Maintenance
C . Inspections
Agenda Item No . 20
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO: TOWN OF ITHACA TOWN BOARD
FROM: JONATHAN KANI'ER, DIRECTOR OF PLANNING tl
RE : PROPOSED 1999 PRIORITY WORK PLAN
SEPTEMBER 8TH TOWN BOARD MEETING
DATE: AUGUST 28 , 1998
Attached for reference at the September 8th Town Board meeting is an annotated copy of
the Planning Department' s 1998 Priority Work Plan, showing the status of projects as of
August 1998 . Upon review of the status of the work program so far in 1998 , it appears
that the following would be high priorities for the Planning Department in 1999. We
would certainly appreciate feedback on these and the other identified, priorities at the
September 8th meeting.
1) Completion and Enactment of Zoning Ordinance and Subdivision Regulation
Revisions, Including the Incorporation of Comprehensive Plan Recommendations
This involves completion of the work being done by the Codes and Ordinances
Committee on comprehensive zoning revisions, including zoning text amendments,
zoning map changes (e.g. , additional Conservation zones, extension of the
Agricultural zone, etc.), and initiation of review and revision of. the Subdivision
Regulations where appropriate. Review has been a little bit slower than expected
during 1998 . Significant time was diverted by the preparation of local laws
regarding cellular towers and adult entertainment businesses. In addition, work of
the Water Resources Ordinance Committee regarding recommended regulations
for stormwater management and stream corridors will continue through 1998 into
1999, and should be considered in the context of the above-referenced ordinance
revisions .
2) Implementation of the Adopted Park, Recreation and Open Space Plan
The Executive Summary of the Plan has been completed, printed and distributed.
Significant progress has been made in setting up the proposed Purchase of
Development Rights (PDR) program, including drafting of proposed criteria/rating
system for establishing property priorities. Drafting and enactment of a local law
9
Attachment .
authotizing the PDR program, and applying for federal and state grants will
continue through 1998 into 1999. Budget deliberations should include
consideration of how, much money to plan on for beginning implementation of the
PDR program in 1999 . Establishing the framework for a five year capital plan for
park and trail improvements (in conjunction with establishing an overall five year
capital plan for other long term improvement projects, such as highways, sewer,
water, and buildings) should be a priority and will be a combined effort with
Planning, Highway/Parks and Engineering. Attached is a first effort at prioritizing
park and trail projects for the next several years.
3) Transportation Planning
The Northeast Subarea Transportation Study (NESTS) is progressing well, and is
anticipated to be completed in early 1999. The Director of Planning will continue
to provide technical assistance to the Client Committee and Working Group.
In addition, it is hoped that time will allow the initiation of specific elements of a
townwide Transportation Plan in 1998 and 1999 , for which the highest priorities
appear to be the updating and adoption of the town' s official highway map, and
the identification of possible future bicycle and pedestrian routes (building on the
recreational/multi-use trail system identified in the Park, Recreation and Open
Space Plan). So far, no progress has been made during 1998, and time will
probably not permit this to be initiated until the NESTS Study is completed.
4) New Town Hall
This is an obvious priority for the remainder of 1998 and 1999. Significant time
and effort has been spent on project planning and the historic preservation grant
application. Project design, State and local reviews, construction, and move-in
will take a concerted effort of all departments through 1998 and into 1999.
I look forward to discussing these and other possible Planning Department priorities with
Board members at the September 8th Town Board meeting. Please let me know if there
are any questions before the meeting.
Att.
2
96"
Town of Ithaca -
Proposed Park and Trail Prowects ( 1999 - 20011
(Draft 7/15/98)
proposed Project propgs .d Capital Improvements Est, Cost
Vincenzo lacovelli Neighborhood 1 acre lawn area, walkways, benches, signage, play $800000
Park, Pennsylvania Ave. and structure, basketball court , security lighting, landscape
Juniper plantings
4
William & Hannah Pew Trail East Ithaca Recreationway to NYS Route 79 via
Honness Lane, Baldwin Lands, Tudor Park, Park Lane
1 .4 mile total length :
41000 Lf bike/ped. path $751000
31500 Lf sidewalk/walkway $40,000
11900 Lf bikelanes $35•004
Total $150,000 .
East Ithaca Recreationway Maple Ave. between east and south sections of path
Connection - Maple Ave. 0 .3 miles total length
1 ,600 Lf bikelanes $30,000
10600 Lf sidewalk $20 .000
Total $501000
Page 1
i
TOWN OF ITHACA PLANNING DEPARTMENT
PROPOSED 1998 PRIORITY WORK PLAN
(1 / 21 /97)
cv Siicv'i5 nt 77 l S
Project /Program Dept. Committee an (A,B ,C Year
GENERAL PLANNING
Continue Development of G.I.S. PIE - - A
fv Bess: ' 6vt4 ,,
Continue Deve . of Envir. Atlas PIE CB B 98-99
Local Waterfro t Revitalization Plan Ping. CB, TB C 9&99
(Participate in Joint LWRP w/
City and County , r v,.'f( ci ,, ; y..�.�
Si `�
Historic Res. Surve Ping. Cornell Hist. C 9&99
SC,w yQ-,/s (p(� lass w iIr /� [ T— Pres. Class
AC ccvw '. L''1:( 4;::L r N� i j 4�t '1%.Ip ��
TCAD Econ. Devel . Plan Ping. TB C 98
61 8
Assist with Preparation of P, E, Hwy., PW, TB B 9&99
n/ �Five Year Capital Plan Acct,
TRANSPORTATION PLANNING
N. E. Subarea Transp . Study P, E, Hwy. NTO, PW, TB A 9&99
(Participate in MPO Work Group)
v� 7 �s � „ P Bess - 5�� � (il � r, r .z
Transportation Plan Ale P, E. Hwy. PW, PB, TB A
'X e y< - s�
Update / Adopt Official Map 9&99
Prepare Bicycle /Pedestrian Plan 98-99
Town of Ithaca / Cornell Univ. P, E, Hwy. Town /Cornell B 98-99
Transportation Comm. TransComm., TB
CT
REGULATORY (ZONING , BEGS . , ETC.)
Complete & Enact Zoning Ordinance Pl ., Zon ., COC, TB A 98
and Related Map Revisions Town Attny.
r /
441
Ytsr �iiv� � rtV%iJw if I r�a,, c-
Estab. Add'l. Conservation Zones Ping. COC, CB, TB A 98
(e.g. Coy GI , South Hill Swamp)
Extend Agricultural Zone to Other Ping. COC, TB, A 98
App 0 a , eas Ag.Comm.
Consider Ithaca College Planned Ping. COQ, TB B 98-99
Devpl. Zone (of Institutional Zone)
Subdivision Regulation Revisions P, E, Hwy. COC, PB, TB A 98
(Concurrent with Zoning Revisions)
1 !;- \\0 - Lrc %Jre,�tje tof f l I t 66, L ( 7
Update Town's Environmental Ping. COC, PB, CB, B 9 8m99
Review Law TB
Enact Cellular Tower Regulations Ping. Attny. COC, CB, PB A 98
6,%4 c� r TB
pact Adult Entertainment Use Ping., Attny. COC, PB, TB A 98
Regulations
S A �
te/ //
M;, 4 T s 1�=,acv i'� L79� �fL t �- w'F' �(N! IC • 2v�aC �l t�vt� �� l S ,2 Vii G' c-'\,ILA r
ARKS AND OPEN Si CE PLANNING & DEVELOP ENT
Implement PDR Program Ping., Pks. PW, CB, . PB A 9&99
Ag Comm., TB .
Estab. lPriorities, Procedures — C�, p Lfl t J� (r, ,,,� �q�, p r7ic
Enact Local Law — C'1 ��..f °19 ` s-7��., �, Lea �/ �l
Apply for Grants — �,�.{y '� -ts�t; sz w., W4
Wm. & Hannah Pew Trail P, E, Pks. PW, CB, TB . B
Desi iEasemt Ac *F7 qq 98
q
Construction 99
ONGOING PLANNING DEPT. ACTIVITIES
Development Reviews P, E, Z PB, CB, ZBA, TB A - -
SEQR Reviews C;� Ping. PB, ZBA, TB A - -
J
upport to Boards, Committees Ping. PB, TB, CB, ZBA A - -
G I .. ,r' COC, Ag
2
Public/Technical Assistance Ping. - - B - -
MPO Plazi gzlommittee P, Hwy. NiPO, TB B - -
Staff Training ducation Ping. - - B -(Conferences, Workshops)
Library Co g & Organization Ping. - - C - -
Records Mgm . /Filing P, E, Z - - C - -
3
Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
IT 1 - PROJECT INFORMATION To be completed by ARplicant or Project Sponsor)
1 . Applicant/Sponsor 2. Project Name
Town of Ithaca Town Board Modification of Benefit Assessment Formula for Water and
Sewer
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :)
Townwide
Tax Parcel Number: N/A
4. Is proposed action:
NEW ." EXPANSION? MODIFICATION/ALTERATION? X (An=dmemofordimce)
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant
items) :
Nodification Of Formulas Used or determining benefit assessment for water and sewer in the Town of Ithaca Special Districts
SD300, SD301 , WD300, WD301
ARL (Attach separate sheet( s) if necessary to adecuately describe the proposed project.)
Z ount of land affected:
ally 0-5yrs) N/A Acres 640yrs) N/A (> 10 yrs) N/A Acres
ow is land zoned presently ?
current Zones in Town
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes X NO 'If no, describe conflict briefly:
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X.
Industrial _X_ Agriculture _X Park/Forest/Open Space X Other
Please Describe:
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES NO_X
If yes, list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES _X NO
If ves, list agency name and permit/approval. Also, state whether it will require modification.
Town Board . Water and Sewer Benefit Assessment
I CERTIFY THAT THE ]INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine Valentino. Supervisor. Town of Ithaca
f
Signature and Date:
Attachment ; 10
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town: Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law?
YES NO X If yes. coordinate the review proce ss and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no. a negative declaration may be superseded by another involved a%ency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
NO.
C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
NO
C3 Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
NO
C4 The Town' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources ? Explain briefly:
NO
C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
NO
C6 Long tern, short term, cumulative, or other effects not identified in C1-05 ? Explain briefly:
NO
C7 Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
NONE
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly:
E. Comments of staff CB other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above. determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i. e. urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
_X_Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse enviro ntal impacts AND .provide on Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Town Board
Name of Lead Asencv reparer' s Signature(If different from Responsible Officer)
Catherine Valentino. Supervisor
Name & title of Responsible Officer In Lead Agency Si=amre of Contributing Preparer
DATE :
Sisnature ofResoonsible Officer in Lead Asenev -
JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk
Town Clerk/Receiver of Taxes o*N4'� of rT Deborah A. Kelley, Deputy Town Clerk
F l
1own of Ithaca 26 E. Seneca Street
haca, NY 14850 (607) 273- 1721 , Fax (607) 273-5854
Agenda Item No . 31 (a)
Town Clerk's Monthly. Report
Presented : Town Board Meeting - September 8, 1998
Town Clerk: Conservation license sales for the 1998/ 1999 season began on August
17 , 1998 . Sales have been light thus far, but should pick up within the next two weeks
due to the State deadline for the filing of the . deer permit application .
A great deal of time has been spent complying with a Freedom of Information request
submitted by Mr. Richard DePaolo on June 24, 1998 , Mr. DePaolo requested "all"
documents related to the Cornell University Lake Source Cooling Project. Due to the
nature and extent of the request , the Attorney for the Town was asked to review the file.
On July 30 , Mr. DePaolo was provided 3 audio tapes of the Planning Board Meeting of
4/7/98 , 5 audio tapes of the Special Town Board meeting held on 6/11 /98 , 4 audio
tapes of the Town Board meeting of 5/ 11 /98 , 623 copies of document pages , and
copies of 14 maps at a cost of $ 126 . 80 .
Mr. DePaolo sent a "formal appeal" through a facsimile on August 4, 1998. Mr.
DePaolo feels that he was not provided with all the documents he asked for in his
original FOIL request. The "formal appeal" has been forwarded to the Attorney for the
Town . Mr. DePaolo submitted another FOIL request on August 26 . The records
requested included the Environmental Review Regulations , Ordinances , Subdivision
Regulations , and Local Laws . The copies of those items totaled $47.20 and have been
provided to him .
The Primary Election will be held on Tuesday, September 15 . Through
communications with the Board of Elections and the Machine Custodians we have
developed a method of saving time and costs.
Instead of the Machine Custodians driving to the eleven separate polling places to set
up the machines , they will prepare the machines at the Highway Department. The
Highway Department will then deliver the machines to the polling places . This will
result in savings for machine preparation , hourly pay and mileage to the Custodians
and will limit the times we disturb employees and working operations at the polling
places . Preparation of the machines before delivery has been approved by the Board
of Elections .
Attachment # 11
During a General Election we use eleven voting machines , one at each location , except
for the South Hill Fire Station , the Reis Tennis Center, and BOCES which have two .
For the primary we will use one voting machine at each location , for a total of eight .
We will also only need the services of (32) Election Inspectors instead of the (44)
needed for the General Election .
Below is an estimate of the savings that will be realized through this new method :
Machine Custodians .
Preparation of (3) three less machines -
(2) Custodians X (3) Machines @ $25000 = $ 150 . 00
Reduction of Hours to Prepare Machines -
(2) Custodians X ( 12) hours less each 4@ $5 . 35 per hour = $ 128 . 40
Reduction of Hours for Mileage to Prepare Machines -
(2) Custodians X 50 miles less each ® $ . 31 per mile = $ 31 . 00
Election Inspectors:
Reduction of Number of Inspectors Needed -
( 12) Inspectors X $65 . 00 per day = $780 . 00
Reduction of Number of Chairs Needed -
(3) Chairs X $ 10 . 00 each = $ 30 . 00
TOTAL ESTIMATED SAVINGS : $ 1 , 119 . 40
Tax Collection : The 1998 In Lieu of Tax has been received from the Ithaca Elm -
Maple . Houses (UDC#8- 50) . The total amount received was $45 , 200. 00 and was
divided among the Town of Ithaca General Fund and Fire Protection Fund , and the City
of Ithaca School District as per the attached worksheet.
Records Management: Lisa Titti , (upon approval of the consent resolution) will begin
work on September 14 . Lisa has a great deal of experience and knowledge in both the
records management and computer technology fields . We look forward to her arrival
as another step towards meeting our goals for the Records Management Program .
Office staff completed the re- inventory of the Archival Vault during the month . Work is
progressing within all departments towards the completion of the review, disposition ,
and inventory of all town records before our move. Mary Saxton , Deputy Town Clerk
and Gail Kroll , Administrative Assistant spent a Saturday at the Highway Department
reviewing and reorganizing highway records,
espactfully submitted ,
Joan Lent Noteboom
Town Clerk/Receiver of Taxes
MIA CA ELM - MAPLE HOUSES (UDC # 8-SO)
MAPLE HILL APAIUMENTS
IN LIE U OF TAXES 1998
GROSS BASIC
MUNICIPAL ENTITY RENT TAX RATE PERCENTAGE AMOUNT
$ 45 200.00
TOWN OF MIACA $ 1 .2560 0 .0569% x $45 ,200 = $ 2 ,571 .88
1�IIZL I'1ZOTLC'1'ION $ 3 .2530 0. 1473% x $45 ,200 = $ 6 ,657 .96
SCHOOL - CITY OF TI'HACA $ 17 .5700 0 . 7958% x $45 ,200 = $ 35 ,970 . 16
$22 .0790 100% $ 45 ,200.00
_ TOWN CLERK S MONTHLY REPORT
TOWN OF ITHACA , NEW YORK AUGUST , 1998
TO THE SUPERVISOR : PAGE 1
Pursuant to Section 27 , Subd 1 of the Town Lax , I hereby make the following statemeat of all fees and coneys received by me
in connection with my office during the month stated above , excepting only such fees and moneys the application and payment
of which are otherwise provided for by law :
1998 SPORTING LICENSES 1000
1999 SPORTING LICENSES 22 . 00
6 MARRIAGE LICENSES N0 , 98038 TO 98043 52950
AGRICULTURE REPORT
COPY AERIAL PHOTOS
15 MISC . COPIES 57 . 15
1 COMPREHENSIVE PLAN 9000
1 ENVIRONMENTAL REVIEW 2 . 50
MARRIAGE TRANSCRIPT
2 NOISE ORDINANCE 2 . 00
1 RETURNED CHECK — CLERK 11 . 00
RETURNED CHECK—TAXES
I RETURNED CHECK— W&O 11000
OPEN SPACE REPORT
POSTAGE
1 SIGN ORDINANCE 3 . 00
SUBDIVISION REGULATIONS
4 TAX SEARCH 20 . 00
WATER & SEWER SEARCH
2 ZONING ORDINANCE 17 . 00
A1255 TOTAL TOWN CLERK FEES 208 . 15
A1555 82 DOG ENUMERATION @ $ 1 . 00 82 . 00
A1556 SPCA CONTRACT 375 . 85
A1557 SPCA IMPOUND FEES 60 . 00
A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
BINGO FEES 31 . 05
A2540 TOTAL A2540 31 . 05
A2544 82 DOG LICENSES @ $ 2 . 00 164 . 00 .
Paid to Supervisor for General Fund 921905
Paid to NYS DEC for 1998 Sporting Licenses 5 . 00
Paid to NYS DEC for 1999 Sporting Licenses 389 . 00
Paid to County Treasurer for Dog Licenses 121915
Paid to Ag & Markets for Dog Licenses 24 . 00
Paid to NYS Health Department for Marriage Licenses 67 . 50
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Bingo Licenses
Total Disbursements 11527 . 70
SEPTEMBER 21 1998 l��"-^ �-Ln= Y1�'� a SUPERVISOR
STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA
JOAR L&RT ROT3eo0!S , being duly sworn, says that she is the Clerk of the TOWN OF ITHACA
that the foregoing is a full and true statnent of all Fees and Honeys received by her during the month above stated ,
excepting only such Fees the application and ra ?aent of which are otherwise provided for by law.
Subscribed and sworn to before me this '�^-
Mary J. Saxton Town Clerk
' L2 day of 14 4q&ry Public, State of New York
Registration N01SA5044003
t r M Qualified in Tioga C
P i ou 1
Rotary odnciImao n Expires S
Town Clerk Fees 1998
-- ---- Monthly Regis
Town Clerk Fees Dog Enumeratio SPCA Contract Dog impound Fees Bingo Dog License A ort . Totals
A1255 A1555 A1556 A1557 A2540 A2544
January $ 118.75 $ 98.00 $ 450.35 $ - $ - $ 196.00 $ 863. 10
February $ 208.65 $ 72 .00 $ 327.30 $ 50.00 $ 8 .03 $ 144 .00 $ 809 .98
March $ 178 .80 $ 103.00 $ 560.98 $ 30.00 $ 63.09 $ 206.00 $ 13141 . 87
April $ 104 .75 $ 70.00 $ 355.48 $ 50.00 $ 213.37 $ 140 .00 $ 933 .60
May $ 291 .40 $ 78.00 $ 371 .80 $ 100.00 $ 16. 16 $ 156 .00 $ 1 ,013.36
June _ $ 251 .30 $ 86.00 $ 491 . 15. $ 20.00 $ 6 . 50 $ 172 .00 $ 18026 .95
July $ 353.75 $ 69.00 $ 322 .28 $ 50.00 $ 43.80 $ 138.00 $ 976 .83
August $ 208. 15 $ 82400 $ 375.85 $ 60.00 $ 31005 $ 164 .00 $ 921 .05
September
October
November
December
Year to Date $ 19715.55 $ 658.00 $ 3 ,255. 19 $ 360 .00 $ 382 .00 $ 10316.00 $ 71686.74
Page 1
Agenda Item 31b
HIGHWAY DEPARTMENT' S MONTHLY REPORT, AUGUST 1998
TOWN OF ITHACA TOWN BOARD MEETING, SEPTEMBER 8., 1998
Hiahwav Superintendent' s
The Highwav / Parks Department has received notification that we have been awarded
monies for our storm water mitigation projects . In particular, we have been awarded
$5,000 for the Dewitt Pond Outlet project, $8,000 for the Eastern Heights Outlet project
(Slaterville Road) , and $11 ,000 for the Christopher Lane Project. They have asked for
some addition details before we will receive the money. Jeff Carmichael from Soil and
Water Conversation Services, who was the head of this Committee, has left
employment. Harry Mussell will be taking over his position. He has not been involved
in the process, but has assured me he will try to keep any administrative glitches to a
minimum.
The NorthEast Subarea Transportation Study ' (NESTS) Committee has started to look at
alternative plans . There is a large amount of material to review before the final
recommendations are made to the Client Committee in December. There will be a
meeting with the Client Committee before the Public Meeting which will be held in
October to raise awareness and receive input.
Deputy Highway Superintendent' s
During August, the Highway / Parks crews worked 221 hours of time on surface
treating roads . This project is part of an ongoing effort to maintain road surface
throughout the Town. This year we concentrated on the roads in the East Hill area.
Other miscellaneous General Repair projects took 110.5 hours of time . This include hot
patching roads, work on the Highway Facility grounds, and helping neighboring
Towns .
We continued to work on Eastwood Commons area this month. We spent 411 hours of
time on this project. Of this time, 18 hours of over time were worked. This project is
near completion: The landscaping and a final top coat of asphalt needs to be done.
Honness Lane is another Permanent Improvement project which took 988.5 hours of
time . Of this time, 109 .25 were over time hours . This project, is also nearing the end .
Other projects this month include : 171 hours of time on machinery/ vehicle
maintenance, 16 hours of time on sewer maintenance, 34 hours of time on Brush and
Tree Removal / Mowing, and 26 hours of time on Water Maintenance . Of the 26 hour of
time on Water Maintenance, 24 were spent on ivater breaks during non-work hours .
Attachment 412
Agenda Item 31b
The Brush and Tree Removal hours are mostly a result of a sever thunderstorm which
hit the area in August.
Parks Maintenance Manager' s
Park and Trail mowing took 88 hours .
Surface treatment of trails and parking areas required 53 hours .
Staining of park furniture, bollards, and signs were begun for a total of 24 hours thus
far.
Work on grading the base of the future walkway along Honness Lane was started. So
far, a total of 39 hours has been spent bulldozing and hauling material.
Routine maintenance, totaling 255 hours, completed our work effort for August. Our
summer Youth Worker was able to work an additional two weeks; his last day was
August 27 .
Sentember Proiects
1 . Finish Hormess Lane and Eastwood Commons projects, including landscaping and
the walkway .
2. Start work on the Dewitt Pond Outlet project.
3 . Patching roads .
4 . Installation of culvert pipes .
5 . Finish staining, play structure sealing, and sign painting.
6 . Continue regular grounds maintenance.
7. Seal coat several asphalt walkways .
8 . Fall lawn repairs for water break sites .
9 . Finish site improvements at new parking area at Juniper Drive entrance to South
Hill Trail and Iacovelli Park.
ghk
Agenda Item 31b
The Brush and Tree Removal hours are mostly a result of a sever thunderstorm which
hit the area in August.
Parks Maintenance Manager' s
Park and Trail mowing took 88 hours .
Surface treatment of trails and parking areas required 53 hours .
Staining of park furniture, bollards, and signs were begun for a total of. 24 . hours thus
far.
Work on grading the base of the future walkway along Honness Lane was started. So
far, a total of 39 hours has been spent bulldozing and hauling material.
Routine maintenance, totaling 255 hours, completed our. work effort for August. Our
summer Youth Worker was able to work an additional two weeks; his last day was
August 27.
September Projects
i
1 I Finish Honness Lane and Eastwood Commons projects, including landscaping and
the walkway .
2. 'i Start work on the Dewitt Pond Outlet project._
3 . Patching roads .
4. Installation of culvert pipes .
5 . 1 Finish staining, play structure sealing, and sign painting.
6 . Continue regular grounds maintenance.
71 L Seal coat several asphalt walkways .
8 . ' Fall lawn repairs for water break sites .
9 . Finish site improvements at new parking area at Juniper Drive entrance to South
Hill Trail and Iacovelli Park.
ghk
Agenda Item 31b
HIGHWAY DEPARTMENT'S MONTHLY REPORT, AUGUST 1998
TOWN OF ITHACA TOWN BOARD MEETING, SEPTEMBER 8, 1998
Highway Superintendent' s
The Highway / Parks Department has received notification that we have been awarded
monies for our storm water mitigation projects . In particular, we have been awarded
$5,000 for the Dewitt Pond Outlet project, $8,000 for the Eastern Heights Outlet project
(Slaterville Road), and $11 ,000 for the Christopher Lane Project. They have asked for
some addition details before we will receive the money. Jeff Carmichael from Soil and
Water Conversation Services, who was the head of this Committee, has left
employment. Harry Mussell will. be taking over his position. He has not been involved
in the process, but has assured me he will try to keep any administrative glitches to a
minimum.
The NorthEast Subarea Transportation Study (NESTS) Committee has started to look at
alternative plans . There is a large amount of material to review before the final
recommendations are made to the Client Committee in December. There will be a
meeting with the Client Committee before the Public Meeting which will be held in
October to raise awareness and receive input.
Deputy Hig hwav Superintendent' s
During August, the Highway / Parks crews worked 221 hours of time on surface
treating roads . This project is part of an ongoing effort to maintain road surface
throughout the Town. This year we concentrated on the roads in the East Hill area.
Other miscellaneous General Repair projects took 110 .5 hours of time. This include hot
patching roads, work on the Highway Facility grounds, and helping neighboring
Towns .
We continued to work on Eastwood Commons area this month. We spent 411 hours of
time on this project. Of this time, 18 hours of over time were worked . This project is
near completion: The landscaping and a final top coat of asphalt needs to be done.
Honness Lane is another Permanent Improvement project which took 988 .5 hours of
time . Of this time, 109 .25 were over time hours . This project, is also nearing the end.
Other projects this month include : 171 hours of time on machinery/ vehicle
maintenance, 16 hours of time on sewer maintenance, 34 hours of time on Brush and
Tree Removal / Mowing, and 26 hours of time on Water Maintenance . Of the 26 hour of
time on Water Maintenance, 24 were spent on water breaks during non-work hours.
Town Engineer's Report for 9/8/98
Town Board Meeting
DEVELOPMENT REVIEW
Sanctuary Drive
Monitoring of drainage and sediment control measures continues. Will be coordinating with Highway Superintendent to have
developer clean road ditches and restore disturbed areas during the fall of 1998.
Ithaca College
Construction of the HSHP and the Music Center building improvements continue to be monitored for stormwater
management impacts. The restoration grading plan for the excavation spoil area has been prepared and reviewed as part of the
recreation center site plan review. Final construction plans for the fill area will be submitted and reviewed by the Town
Engineer prior to issuance of a building permit for the Recreation Center.
Ithacare
Court Street Companies, the General Contractor, is nearing completion of site construction. The Contractor relocated a
portion of the water service to the building and relocated a fire hydrant to allow for regrading of the north parking lot to better
fit the site. Phase II erosion and sediment control improvements are being maintained. Final site restoration is scheduled for
late summer early fall.
Mecklenburg Heights
Final site design has been reviewed and is acceptable to the Town Engineer. Constriction will be coordinated with the City of
Ithaca and State DOT to ensure that do«n stream drainage systems will not be adversely effected. Water supply improvements
1,
have been designed and the Town Engineer is preparing construction documents for Mecklenburg Road watermain which will
serve the project site and several other properties in the Town. The developer has not committed to a construction start due to
the legal challenge, and has not provided the financial commitment to the cost of the water main that the Town Board has
requested as a condition of the water main extension.
Sterling House and Cottage, Trumansburg Road at Bundy Road
The Town engineer has reviewed the final site plans and engineering details for the proposed adult care facilities to be located
on a portion of the Perry Farm (Shalebrook Subdivision). The project is incorporating a storm water management system
including a detention basin to control runoff from the project site. The proposed project also includes construction of water and
sewer system improvements. A construction start is pending but no schedule has been submitted by the developer.
EARTH FILL PER MS
Five Mile Drive, Immaculate Conception
Restoration work is proceeding as material moisture conditions have permitted The contractor plans on completing grading
by the end of August and will then seed the site.
Attachment r' 13
TOWN ENGINEERS REPORT 9/8/98 PAGE 2
WATER PROJECTS
The Town Engineer is continuing to work with the City Engineer and SCLIWC member municipal engineers on the
engineering evaluation to include the entire eater infrastructure for the area. The City and SCLIWC are evaluating water
supply options for the City. A meeting of the planning committee and SCLIWC is scheduled for September 10, 1998 to
discuss a proposal presented by the City.
The Town Engineer has completed the design and engineer' s estimate for an 8" watermain improvement on
Mecklenburg road which will be installed in cooperation with the Mecklenburg Heights development. Bid documents
have been prepared for the project. The Developer has been waiting for the resolution of the legal challenge to the
project, and will not commit funds until the project is cleared to begin construction.
The Town Engineer' s staff has prepared a preliminary evaluation and replacement plan for the watermain along
Warren Road that has a history of many emergency repairs. The County plans to rebuild Warren Road have presented
an opportunity to replace the watermain at the same time and reduce restoration costs. This will be a significant capital
improvement for the 1999 budget year.
SEWER PROJECTS I`
The Town Engineer' s staff has prepared a preliminary evaluation and replacement plan for the sewer main along
Warren Road that has been a source of infiltration into the sewer system due to the old pipe and laterals. The County
plans to rebuild Warren Road have presented an opportunity to replace the sewer main at the same time and reduce
restoration costs. This will be a significant capital improvement for the 1999 budget year.
STORMWATER
Development of the Towmvide watershed evaluation is continuing. Base maps were developed utilizing the digital planimetric
map. Processing of the field data and development of the watershed model for the Northeast Ithaca area has been proceeding
slowly to the staffing shortage. The new Assistant Town Engineer will have the responsibility to push this project forward..
TOWNHALL
The schematic design process for the renovation of the Tioga Street Post office is complete, and final design has started The .
Town Engineer met with Jim Drew, Thomas Assoc. and George Welch of the USPS to review the Post office floor plan and
construction schedule. George indicated that, as far as he knew, the Postal Service is preparing for a closing the week of
September 14. The post office floor plan is currently under review by the region and a schedule that will have the postal
service space completed within 9 months is anticipated The PO architect will provide drawings of the exterior improvements
as soon as possible to allow a timely review by historic preservation. Staff will be coordinating the historic preservation review
with the City of Ithaca and SHPO.
C IRMENGRI ERPT9809.REP
Agenda Item # 31 (d)
Planning Director's Report for September 8 , 1998 Town Board Meeting
DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board,
August 4, 1998 Meeting:
Cornell FingerLakes Credit Union, Ellis Hollow Road: The Planning Board granted Final
Site Plan Approval for the proposed construction of a 4,920 +/- square foot, one-story credit
union (bank) building, located adjacent to East Hill Plaza at the intersection of Ellis Hollow
m
Road and Sumerhill Lane, on Town of Ithaca Tax Parcel No. 62-2-1 . 125. The proposed
project would be a full service branch for the Cornell FingerLakes Credit Union, containing
a teller lobby and offices, with a drive-up teller operation with four lanes plus a fifth lane
for an automatic teller machine.
Cornell University, East Hill Plaza Entrance Drive, Ellis Hollow Road: The Planning
Board granted Preliminary and Final Site Plan Approval for the proposed modification of
. the previously approved site plan for the East Hill Plaza entrance drive off of Ellis Hollow
Road, Town of Ithaca Tax Parcel No . 62-2-1 . 121 , Business District "C" , in order to
; accommodate the proposed configuration of the entrances for the Cornell FingerLakes
`Credit Union building. Cornell University, Owner; Cornell FingerLakes Credit Union,
Applicant; Robert O. Witty, Agent.
Cornell University, CCGR Laboratory Addition, Baker Institute, Hungerford Hill Road:
The Planning Board granted Preliminary and Final Site Plan Approval and issued an
affirmative Recommendation to the Zoning Board of Appeals regarding Special Approval
for the proposed +/- 175 square foot addition to the CCGR Laboratory at the Baker Institute
on Hungerford Hill Road, Town of Ithaca Tax Parcel No. 61 -1-9, Residence District R-30.
Cornell University, Owner / Applicant; William Gaffney; Agent.
Old Hundred Site Plan Modification, 704 Five Mile Drive: The Planning Board granted a
modification of Preliminary and Final Site Plan Approval for the proposed conversion of an
existing structure, known as Old Hundred, located at 704 Five Mile Drive, Town of Ithaca
Tax Parcel No. 31-4 2, for use as an adult residential facility. Said modification includes an
enclosed staircase along the south side of the structure (original approved plan included an .
open staircase) and the removal and replanting of an evergreen tree. Residence District R-
30. Denmark Development, Inc., Owner / Applicant; Downing Barradas Architects, Agent.
Augigt 18, 1998 Meeting: (Cancelled)
Attachment # 14
September 1 , 1998 Meeting:
Ithaca College Temporary Classrooms, Danby Road: The Planning Board issued an
affirmative Recommendation to the Zoning Board of Appeals regarding extension of
Special Approval to maintain a temporary modular classroom structure for an additional
year, located adjacent to Smiddy Hall on the Ithaca College campus, Town of Ithaca Tax
Parcel No. 41 -1 -30.2, Residence District R-15. Said structure includes two classrooms and
two restrooms and is +/- 5,810 square feet in size. Said structure received approval by the
Zoning Board of Appeals in 1996 with the condition that it be removed by June of 1998.
Applicant is requesting an extension of the approval to the end of June 1999. Ithaca College,
Owner / Applicant; Bruce Hatch, Agent.
Ithaco Renovations in Axiohm. Facility, 950 Danby Road: The Planning Board granted
Preliminary and Final. Site Plan Approval for the proposed renovation of
approximately 8,000 + / - sq. ft. of vacant interior office space on the upper level of the
engineering and administration wing in the Axiohm I .P.B. facility for use by Ithaco,
Inc., located at 950 Danby Road, Town of Ithaca Tax Parcels No . 39- 1 -1 . 1 , 39- 1 - 1 .2 and
39-1 -1 .4, I - Industrial District. Axiohm I .P .B., Owner / Applicant; George W . Breuhaus,
Agent.
Cornell University, Lake Source Cooling Project, 983 East Shore Drive: The Planning
Board granted Final Site Plan Approval and Final Subdivision Approval for the proposed
Cornell University Lake Source Cooling project to consist of a chilled water plant and a
proposed route for chilled water lines, landscaping and other appurtenances, located at 983
East Shore Drive on a 3. 12 + /- acre portion of Town of Ithaca Tax Parcel No. 19-1 -5, Special
Land Use District (SLUD) No. 10, and additional lands within the Town of Ithaca affected
by the pipeline route, Cornell University, Owner/ Applicant; W.S. (Lanny) Joyce, P.E.;
Agent.
CURRENT PLANNING DEPARTMENT PROTECTS
The following are significant accomplishments or issues that have been dealt with over
the past month .
SEOR Reviews for Zoning Board : Four (4) SEQR reviews for the Zoning Board were
completed, including the following: ( 1 ) Cornell University: special approval for +/ - 175
square foot addition to the CCGR Laboratory at the Baker Institute on Hungerford Hill
Road, Residence District R-30; (2) Ithaca College: extension of special approval to
maintain a temporary modular classroom structure for an additional year, located adjacent
to Smiddy Hall on the Ithaca College campus, Residence District R-15; and (3) Gary
Westfall: special approval and variance to permit addition of second dwelling unit to an
existing single-family residence on an undersized building lot, 154 West Haven Road,
Residence District R-15; and (4) Montessori School: variance for a + / - 10.5 square foot
2
freestanding sign (4 square feet maximum allowed) at the school's annex building, 117 East
King Road, Residence District R-15 .
Codes and Ordinances Committee : The Codes and Ordinances Committee met on
August 19, 1998, and discussed ( 1 ) possible specific regulations regarding time, manner
and place restrictions for adult entertainment businesses and (2) .proposed revisions to
the Agricultural Zone. The consensus of the Committee was that it would be especially
important to regulate elements such as hours of operation of adult uses, distance
separation between dancers and patrons, site lighting, and cleanliness / health-related
aspects . It was agreed that the Attorney for the Town would draft some proposed time,
manner and place restrictions, to the extent allowable in New York State, and also
revise the previous version of the Local Law regulating adult entertainment businesses,
and bring these back to the next Codes and Ordinances Committee meeting for review
and discussion. [The Committee confirmed that the Local Law should limit adult
businesses to the Light Industrial zones only on Elmira Road (not on South Hill) , and
that the 250 foot buffer between adult uses and adjacent schools, churches, parks and
other zoning districts is still appropriate, but that the buffer should also specifically
apply to the Finger Lakes Trail. ]
The next meeting of the Codes and Ordinances Committee is scheduled for September
16, 1998. Proposed agenda items include follow-up discussions and review of the
proposed Adult Business regulations and continuation of review of the revised
Agricultural Zone .
Town of Ithaca - Cornell Universitv Transportation Committee : The next meeting will
be scheduled sometime in September .
Northeast Subarea Transportation Study (NESTS) : The Working Group met on August
27, 1998, and (1 ) finalized evaluation criteria (for assessment of alternatives that are
being generated); (2) continued work on consideration of possible alternatives /
solutions to transportation problems; and (3) discussed plans for the next public
information meeting to be scheduled in October. The next Working Group meeting is
scheduled for September 24, 1998 .
Newsletter: The Summer / Fall issue of the Town Newsletter is currently in preparation.
A number of potential articles have been submitted . Planning staff is in the process of
formatting the layout. The anticipated completion and mailing date is before the end of
September .
Planning Board Interviewing Committee : The interviewing committe, consisting of two
Planning Board and two Town Board members, is in the processing of interviewing
potential Planning Board candidates . Three potential candidates have expressed an
interest in being appointed to the Planning Board . The committee will have a
recommendation for the Town Board in the near future .
3