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HomeMy WebLinkAboutTB Minutes 2001-08-06 FINAL
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, AUGUST 6 , 2001 AT 5 : 30 P . M .
ITHACA TOWN HALL, 215 NORTH TIOGA STREET, ITHACA
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Representatives
4 . Report of Fire Commissioners
5 . 6 : 00 p . m . — Persons to be Heard
6 . Discussion of Possible Approval of Code Enforcement Component of Fire Contract
7 . 6 : 30 p . m . - Cayuga Lake Watershed Intermunicipal Organization Memorandum of
Understanding — Presentation by Dave Zorn , Genesee Finger Lakes Regional
Planning Council
8 . Set Public Hearing for Eco Village - Special Land Use District
9 , Declare Surplus Highway Equipment to Auction
10 . Declare Computers , Facsimiles , and Printers Surplus Equipment
11 . Approval of Changes in Polling Places and Corresponding Election District Map
12 . Discussion of Possible License for Encroachment of Carport on Forest Home Walkway
13 . Distribute and Discuss Independent Auditor' s Report for the Year Ending December
31 , 2001
14 , Possible Enforcement Action on Noise Complaints — 1047 Danby Road
15 . Discussion and Approval of Expenditure for Acoustical Wall Panels for Court Room
and Town Clerks' Office
16 . Consider Employee Wage Percentage for 2002
17 , Consent Agenda Items
a . Approval of Town Board Minutes
b . Town of Ithaca Warrants
C , Bolton Point Warrants
d . Brush i and Leaf Pick- Up
e . Provisional Appointment of Engineering Technician
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18 . Report of Town Committees
19 , Monthly Report of Town Officials
a . Town Clerk
b . Highway Superintendent
C . Director of Engineering
d . Director of Planning
e . Director of Building and Zoning
f . Human Resource Manager
g . Budget Officer
h . Network/ Records Specialist
i . Receiver of Taxes
j . Attorney for the Town of Ithaca
20 . Review of Correspondence
a . Letter from NYSEG regarding price protection plan
b . Letter from East Side Restaurant regarding Liquor License Renewal
C , E - mail from Kate Hackett regarding County Aquifer Study
21 . Consider Adjournment
22 . Executive Session
� OFIT�
TOWN OF ITHACA
215 N . Tioga Street , ITHACA , N . Y . 14850
TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails , Water&Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Tees-Ann Hunter, being duly sworn , say that I am the Town Clerk of the
Town of Ithaca , Tompkins County, New York that the following notice has been
duly posted on the sign board of the Town Clerk of the Town of Ithaca and the
notice has been duly published in the official newspaper, ( Ithaca Journal ) :
NOTICE OF MEETING CHANGE DATE
Location of Sign Board Used for Posting : Town Clerk' s Office
215 North Tioga Street
Ithaca , NY 14850
LEGAL ADVERTISEMENT:
Date of Posting . Friday, July 13 , 2001
Date of Publication : Saturday, July 14, 2001
Tee-Ann Hunter, Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF I1rHACA)
Sworn to and subscribed before me this �' _ day of ,
204,
� 1
CARME WHITMORE Notary Public
Notary Public, State of New York
No. �01WH6052877
Tioga . County
Comm on Exipires:Decemtg
Tleilthaca Journal Safurtlay; July= 14 , 200
of . . - ..
in "NOTICE OF
'n, MEETING:DATE
o : CHANGE
'f> NOTICEdS HEREBY�,GIVEN
'f} that the';date of 1f 'e regulor,
he August;meehng of.-the Ithaca
'ty TowA Board, has"s been
m- chang`ed, fromv'Monday, Au-` .
he gust 13 2001 tot, onda'y; .
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TeeAnnHunter-•
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Regular Meeting of the Ithaca Town Board
Monday, August 6 , 2001 at 5 : 30 p. m .
Ithaca Town Hall , 215 North Tioga Street, Ithaca , New York
At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County, New York held at
the Town Hall , 215 North Tioga Street , Ithaca , there were present : .
PRESENT: Catherine Valentino , Supervisor; Mary Russell , Councilwoman ; Carolyn Grigorov,
Councilwoman ; David Klein , Councilman ; Ed Conley , Councilman ; Tom Niederkorn , Councilman .
EXCUSED : Bill Lesser, Councilman .
PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ; Dan Walker, Director
of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ;
Andy Frost , Director of Building and Zoning ; Judy Drake , Director of Human Resources ; Al Carvill ,
Budget Officer.
OTHERS : Bob Romanowski , IFD ; Jessica Keltz , Ithaca Times ; Lisa Titti , Records Network Specialist
for Town Hall ; Deb Grantham , Town of Dryden ; Don Weir, Town of Ithaca ; Will Burbank , 132
Glenside Road ; David Zorn , Genessee Finger Lakes Regional Planning Council .
Call to Order: Supervisor Valentino called the meeting to order at 5 : 3 p . m . , and led the assemblage
n the Pledge of Allegiance .
enda Item No . 3 - Report of Tompkins County Representatives .
Tim Joseph , Tompkins County Board of Representatives - I was in a meeting earlier this morning of
the Joint Committee Meeting of the Budget Committee and the Human Services Committee . The
topic was the appropriation of funds for the joint facilities studies of the Recreation Partnership . I
have to tell you that it did not go very well . We spent about an hour and a half talking about it . Much
of the discussion was along the lines of , "Why do we want to do a study with people who are
attacking us and suing us . " I was surprised by the persons taking the position . There were others
who felt that we needed to keep issues separate and we need to work on not letting relations in one
area to affect another, but it is . The resolution passed in both of those committees . It only passed
because in each committee there was a member who said they would vote yes on the issue so that it
would go before the full board , but I do not think I will support it when it gets there . It is on our
agenda for tomorrow . I know that it is something that you have a long history of being involved in and
concerned with . I wanted to let you know . . .
Supervisor Valentino - The facilities study is mainly for the City .
Mr. Joseph - The discussion included the entire Recreation Partnership and why are we involved in
this . One person made a statement that youth recreation is essentially a town responsibility . We
were asked by the towns , originally by the towns , to join in that . We agreed to , but , ( and I am still
quoting somebody else) when we see the Supervisor of the Town of Dryden saying the County has to
learn to control its spending the way we do , this looks like a way of shifting spending from a town
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
budget to the county budget . He was not very happy . One of the other things that was said goin
over the history of the Recreation Partnership was that the County . came in originally as a tempora
measure with the statement that we will support it for two years , the other towns will see how valuabl
it is and will then pick- up their fair share . That really did not happen . The only people who ar
picking up their fair share are the City of Ithaca and the Town of Ithaca . That was acknowledged and
I certainly acknowledged that . There was not such good feeling about the other towns who are not
picking up their share and who instead are saying either the County picks it up or it does not happen .
Both the facility study immediately and in longer term the Recreation Partnership itself are on
questionable ground .
Supervisor Valentino - That is very unfortunate .
Councilwoman Grigorov - What do you think?
Mr. Joseph - I argued that we ought to keep issues separate and that the way we get back to working
productively together is the projects that we work on , not the ones that we disagree on . That , over
time the ones that you disagreed about and fought over will fade and you will remember the ones you
worked on and are still doing .
Supervisor Valentino - It is unfortunate to let disagreements in one area overlap into areas where we
have been able to have good intermunicipal cooperation . We should build on the strong things and
try to get over the other ones .
Mr. Joseph - One possibility for what might happen tomorrow night is that the resolution will be pulle
because there will be people absent . Nancy Schuller is the chair of the committee it is coming fro
It will delay it , but at least it doesn 't sink.
Supervisor Valentino - I think it creates a real hardship for the City .
Mr. Joseph - It creates a hardship for the City in the short run , but in the longer run the City agreed to
continue to support the facilities while the study was done . If it does not happen , they are going to
want a larger contribution from the Recreation Partnership . It affects everybody .
Supervisor Valentino - Could you talk about the newly created position ?
Mr. Joseph - The reason we are talking about hiring someone for that position is actually the loss of
two other positions . When we lost the Criminal Justice Coordinator and the person doing the County
Information Sharing Network , they had the combination of the expertise and leadership in the public
safety area and the technical knowledge we need to build a new emergency communications system .
We have been suffering from the lack of those two people . Because of our budgetary problems , not
in the position to refill the positions . We are looking at a single position that tries to combine that and
put somebody in charge of emergency communications generally . We felt that right now much of the
work was falling on the County Administrator who did not have the time for the administrative portion
and the expertise for the technical part of it . It has been occupying too much of his time . Part of the
reason we created the position as it is with the combination of duties is that we know of some peopl
more than one , locally who have the expertise and who we think would be willing to take the job .
2
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
upervisor Valentino - Are you taking two other positions and combining them ?
r. Joseph - That might be overstating it because both of those positions had other responsibilities .
We are seeing a need for a position here . Part of the reason we are seeing the need is that it is not
being covered by these positions . We would not be feeling the need if we still had them both there . It
has become difficult to handle the situation without somebody taking leadership .
Supervisor Valentino - Do you have any comments about the budge process ?
Mr. Joseph - We got the budget proposals in from the departments . The County Administrator is
looking at them . I have seen what they are . I have not seen his recommendations on them because
he has not made them . A quick look at them showed a 25% tax increase if we said no to most of the
over target request . It is not a happy situation .
Agenda Item No . 4 - Report of Fire Commissioners. (Attachment #11
Bob Romanowski appeared before the Board and presented his monthly report as attached.
Mr. Romanowski - Jack Miller might be able to give the board a different perspective on the last
subject . You might be enlightened .
ouncilman Niederkorn - Are you pleased with the number of bunkers?
Mr. Romanowski - Yes .. We are very please with it . It is usually around twelve to fifteen . We have
stepped up efforts to recruit and attract people for the bunker system . They are mostly college
students . They are up and coming . It is a good chance for them to have a place to stay in return for
their efforts in volunteer fire fighting . Their training is just as good and almost equal to what career
fire fighters get . They are a real asset to the community . I must say that they are a chance to help
keep the budgets down .
Agenda Item No . 6 - Discussion of Possible Approval of Code Enforcement Component of Fire
Contract.
Supervisor Valentino - Our fire contract is still pending . We have not received this portion of the
agreement .
Mr. Frost - I can call Mr . Wilbur tomorrow for the information .
Supervisor Valentino - I would like the Board to review the information before our next meeting . They
were not involved in the meetings . The good news is we have reached a tentative agreement with
the City on what the building codes should look like . It is something that has been hanging out there
for a long time to be resolved .
Mr. Frost - I am satisfied with the way that it all came down and with what appears to be agreed upon .
3
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Agenda Item No 8 - Set Public Hearing for Eco Village - Special Land Use District.
Mr. Kanter - The Planning Board should be completing their findings statement and passing on
recommendation on the zoning to the Town Board very soon . The Town Board should try to set
public hearing to consider the zoning amendment as soon as possible . The Planning Board is
meeting tomorrow night and will most likely pass a recommendation on to the Town Board .
Supervisor Valentino - I received a phone call from Eco Village . They thought by the board changing
our meeting this month that we put them off schedule by about two weeks in their plans for moving
things forward . They made the request that we set- up a special meeting before our September
meeting . I told them I would bring it up to the board , but I did not think it was likely for us to set up a
special meeting unless there were other agenda items for us to deal with . I do not think we have any
other agenda items . Our feeling is that it is not that urgent . There is no guarantee of what the
Planning Board will decide tomorrow night .
Councilman Klein - I would move to set the public hearing for our September meeting .
RESOLUTION NOe 2001 - 93 - Set Public Hearing Date for the EcoVillage Special Land Use
District (SLUD) .
BE IT RESOLVED , that the Town Clerk is hereby authorized and directed to advertise for a
public hearing to be held at the next regular Town Board meeting on Monday , September 10 , 2001
6 : 30 p . m . in order that the governing Town Board may consider enactment of a Local Law to Amen
the Zoning Ordinance to Provide A Special Land Use District ( limited mixed use) for Eco Villag
which includes amendment of Special Land Use District No . 8 and rezoning of the overall R-3
Residence portion of the Eco Village property (excluding the R- 15 Residence portion along Wes
Haven Road to the amended Special Land Use District .
MOVED : Councilman Klein
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Conley , aye ; Councilman Niederkorn , aye . Motion carried
unanimously .
Supervisor Valentino - Let's set the public hearing for our September meeting , September 10 , 2001 at
6 : 30 p . m .
Mr. Kanter - It might take a half hour for the discussion .
Agenda Item No 5 - PERSONS TO BE HEARD .
Will Burbank , 132 Glenside Road - I am before the board because I am interested in learning mor
about town government . This is something I have been doing very actively over the past sever
4
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
onths . I would like to share some things that I have learned that might not be apparent to you that
I e already deeply engaged in the process of government . These are informal observations from the
erspective of one citizen who is outside looking in .
I would hasten to note that staff members with whom I have dealt have responded in a friendly and
professional manner. I !have had very positive interactions with Ms . Hunter and her colleague in the
office of the Clerk . Nothing I am saying should be interpreted as a criticism of them . The problems I
have encountered are more structural . They have to deal with the policies and practices regarding
the release and distribution of documents , which are cumbersome , inefficient and off putting to
citizens . I cannot for thEl life of me figure out why the Town finds it necessary to require the public to
fill out a Freedom of Information Form in order to get the most basic of Town documents , such as
agendas or minutes of meetings . I have started receiving agendas in the mail as the contact person
for the Glenside Neighborhood Association . I appreciate that you are sending it out to neighborhood
associations . They should be available for anyone simply for asking . It should be the same for any
other simple document . It should not be necessary to leave a paper trail for such requests . For one
thing it is wasting pieces of paper. It also conveys an attitude of defensiveness , which I sincerely
hope is not your intent .
Such information could also and should also be posted on the Town website in a format that can be
easily printed at home . I understand that the Town is in the process of reworking its website and
perhaps it is already your intent to do this . I urge you to do it sooner rather than later. I was very
interested in the presentation last month by Mr. Demerest in which he outlined ways in which the
fnown 's website could be improved . I encourage the Town to create a website that was rich in
formation , easy to navigate and welcoming in spirit . I sincerely hope you will move in this direction .
believe the Town web::ite should include agendas for all upcoming meetings and approved minutes
rom past . This should include the Planning Board , Conservation Board and any other board that is
doing significant business . They should be archived and searchable , not only by date , but also by
topic . I understand that the Town has not yet codified its laws . I do not know if you are planning to
do so anytime soon . I do believe computer archiving could go along way towards making it easier to
know what has been discussed and acted upon .
I would also ask that thEi Town post yet to be approved draft of minutes from recent meetings so that
the public can get a sense of what took place while the issues are still timely . I understand that the
Town needs to be careful in posting anything that might be inaccurate or still subject to revision . I
asked Mr. Demerest about this after he was leaving the meeting . He told me this could be easily
done . The documents could be identified as secretary's notes and posted in a way that made it clear
that they were still in draft . As it is now , if you want to get minutes you need to fill out a Freedom of
Information Form and you are able to get the last approved minutes . As I understand you can also
get drafts , but it is a burdensome process .
Improving the Town 's website is very important , but it is not the only thing that we should be doing .
More information on thEl Town should be available at the library . You may not be aware of it , but
there is very little from Town government on file at the library . There should be an up-to-date binder
of minutes and copies of key documents such as the budget , Comprehensive Plan , Zoning Ordinance
and Open Space . They had volumes of documents from the City and County .
5
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
I would ask that the Town move towards cable casting its meetings . This is currently done by the Ci
and County governments . It is through cable access facilities at Time Warner Cable , Channel 15 .
sincerely hope that someone was thinking of us when they designed this beautiful , but acoustical
challenged room . We should be doing it as we cooperate with other towns as we renegotiate ou
cable franchise with Time Warner. It would be a great way of inviting the public into the important
work that you do . The work that you do is important . The Town could be doing a lot more to keep its
citizens involved on the issues considered and actions taken . We should be viewing the FOIL
requirements as a base minimum rather than a ceiling . We should strive to be open and welcoming .
Supervisor Valentino - I think that everything that has been brought up tonight is either in the process
or is under consideration . Thank you for your time .
Agenda Item No. 7 - PRESENTATION : Cayuga Lake Watershed Memorandum of
Understanding — Presentation by Dave Zorn , Genesee Finger Lakes Regional Planning
Council .
Dave Zorn , Genessee Finger Lakes Regional Planning Council , Mr. Zorn made a Power Point
presentation to the board . See Attachment #2
Councilman Niederkorn - There are 44 communities involved . What is a reasonable percentage of
those communities that will actually go into an implementation stage ?
Mr. Zorn - We can expect full cooperation from the municipalities that have already funded th
Intermunicipal Organization . The question that I raise is that of the remaining 12 municipalities , 3 or
of them have a water land area in the watershed . How do we get those 3 or 4 on board to mak
about 95% of the land area active on the Intermunicipal Organization and sign the cooperativ
agreement . Take that signed cooperative agreement and move one step forward to sign an
Intermunicipal Agreement . With that Intermunicipal Agreement essentially assign which of the RPP
will be implemented first . Then I think it can be done . The funding is out there . The Department of
State , through the Environmental Protection Fund , is not going to handle the investment of the
planning . They are standing ready to spend millions of dollars on implementation . The question is
how to get the watershed . The Department of State will be looking to see how bonded the
Intermunicipal Organization is . There are watersheds that have signed Intermunicipal Cooperative
Agreements . Lake George is an example . They are implementing as a watershed and are also
funding some of the implementation .
Councilwoman Russell - What stage are you at with the other municipalities ?
Mr. Zorn - The RPP recommends the passing of a local ordinance . It provides in there a model
ordinance with performance standards that have gone through the process in the draft phase of the
RPP . It will now be published as slightly revised , based on comments in the final RPP . It is a model .
Then the work starts in trying to get each municipality to adopt some level of it . It would be nice if
each municipality adopted the same one with the same performance standards . It might be a little too
much to ask in a large watershed . This is not impossible , but it is tougher to do with 44 municipalities .
It would be great , seeing as though there is very little on the books in terms of local erosion control i
6
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
cal law , to have some level of that in the next year or two across the watershed . It is clearly one of
e largest contributors to sedimentation in the lake .
ttorney Barney - I was looking at the Intermunicipal Agreement . The Town is being asked to sign
onto the agreement .
Mr. Zorn - When the RPP is finalized , with that will be a model and an Intermunicipal Agreement that
the Intermunicipal Organization is working on now . That is what each municipality would be asked to
sign .
Attorney Barney - The draft talks about the Town being involved in the planning process and the
implementation plan . I am not sure what it means from a legal standpoint .
Mr. Zorn - It means that , similar to the call for cooperation , when each town signed it they were
committing to be involved in the development of the RPP . The planning process would move forward
from there , and then implementation and recommendations of the RPP .
Attorney Barney - Are we buying on to the specific recommendations of the RPP ?
Mr. Zorn - I would hope that the Town of Ithaca would , as a member of the Intermunicipal
Organization , approve the plan that the Intermunicipal Organization has been working on for four
ears . The Intermunicipal Cooperative Agreement is going to have to be a process in and of itself for
ach municipality individually , then as a consortium , of the Intermunicipal Organization is going to
ave to come together for the wording . There is a model in the Municipal Agreement that we are
utting forth . It is there for banging on essentially. How that winds up ultimately in being finalized so
that it can be signed by all municipalities is something to be worked on over the next few months .
Mr. Kanter - The draft agreement starts off by indicating that each municipality has formally adopted
the RPP . I think that maybe what will evolve from further discussions is maybe some kind of an
endorsement as opposed to adoption . I think a lot of the municipalities may interpret what adoption
means differently . There are probably some legal ramifications as to what that would mean as well . I
think initially we might want to think about endorsing . I am not sure if a letter of support of the draft
RPP would be helpful or if it would make more sense to wait until the final is distributed .
Mr. Zorn - At this point it pays to wait for the final . The final is only a few weeks away . The draft was
put out there as a document , again to be banged on and go through public review. We are now only
a few weeks away from the final document .
Councilwoman Grigorovv - Do we need to do something right now?
Mr. Zorn - What needs to be done can simply be done at the Intermunicipal Organization level . The
Intermunicipal Organization itself is working with a facilitator and organizational consultant that is
helping the Intermunicipal Organization come through the process of finalizing the RPP and moving
onto a more formal body . Endorsement of and adoption of the RPP will be placed along with that
process .
7
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Councilwoman Grigorov - Twenty years ago we were saying how we cannot do anything about th
lake without getting everyone involved . The fact that has happened has moved it forward . It is w
done .
Mr. Zorn - There has been a tremendous amount of municipal support through the process . People
have put four years of work in the process . There have been a tremendous amount of committees
and people working on the committees .
Deb. Grantham , Town of Dryden - I represent the Town of Dryden on the Intermunicipal Organization .
We adopted the proposed resolution with a few word changes . One of the ramifications of the towns
passing the resolution supporting Intermunicipal Organization and RPP and continued involvement in
it is that we are now requesting further funding to do implementation of some of the measures
mentioned in the RPP . One of the things we are talking about in it is collaborating the work that is
done on erosion control in the Cayuga Lake Inlet Sub-Watershed . We will try to get money to add to
the pot of money that is available to do erosion control . Some of the other projects would be road
banks , stabilization in other parts of the Cayuga Lake Watershed . Passing the resolution and
agreeing to continue involvement in the Intermunicipal Organization would strengthen the proposal a
lot . I do not know what the Department of State would say about funding us if no one signs on . We
did make small changes in wording .
Councilwoman Grigorov - I think we could pass a resolution of endorsement .
Attorney Barney - I can put together a resolution . I understand the plan . I do not know how man
board members have seen the plan .
Supervisor Valentino - We have seen the draft .
Attorney Barney - How many pages is the draft?
Mr. Zorn - It is about 100 pages .
Mr. Kanter - The draft has been on the website for quite some time . I know Ms . Hunter has
distributed the full draft to board members . Ms . Ritter did a nice memo to the board and has reviewed
the plan . We have come to the conclusion that many of the RPP 's goals and objectives are very
similar to what the Town has in mind in terms of watershed management . We are in the process of
implementing many of the recommendations of the RPP . We did not see any problems with the
actual plan .
Attorney Barney - There are some things that I am not entirely clear about in the agreement . For
example , everyone who signs on will become a member of the council . Will there be a 44- member
council governing this or will there be an Executive Committee ? It talks about the bylaws only being
modified by the consent of the Intermunicipal Organization . What about the consent about the
members of the Intermunicipal Organization ? Do they have a voice in the bylaws being changed ? I
have not analyzed the full agreement . I think it is premature to vote on the agreement . I do not see a
problem with passing a resolution endorsing the process .
8
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
s . Grantham - Under the bylaws , each municipality in the watershed has one vote . It constitutes the
termunicipal Organizations . We are in the process of evaluating our structure . We may make
hanges including forming an Executive Committee , but it is not there yet . It would be a vote of the
urrent Intermunicipal Organization about how to make those changes .
Attorney Barney - What is the quorum requirement?
Ms . Grantham - I think it is 9 .
Attorney Barney - So 9 out of 44 have to be present . Five of the 9 could vote in favor of a change .
The five votes could change the bylaws . It is something that you might want think about and look at .
Typically , there would be basic structural items that could not be changed without some fairly,
sizeable consensus of members . Minor items could be changed by the 5 votes
Ms . Grantham - All those things are pretty well argued . I think it was a compromise and we will revisit
all those things . For example , the quorum and formula for how much different municipalities pay. I
think everyone agrees that an equal rate is not the right way to do it . We could never come up with a
formula . We left it at the same flat amount of $900 . Some of the towns and villages are going to say
yes , they will do it , but not at $900 .
Attorney Barney - The Town could pass a resolution endorsing the process saying that the Town of
Ithaca is in favor of the process and in becoming a member. I am suggesting that the agreement is
till premature . The Town needs to be sure . The draft has had changes . We have not seen the final
greement .
Supervisor Valentino - What is the timeline for doing the grant?
Ms . Grantham - It is due August 31 , 2001 . 1 think simple resolutions from the municipalities would be
helpful .
Supervisor Valentino - I would move a resolution of endorsement of the project .
Councilwoman Grigorov - I will second the resolution .
Councilman Niederkorn - I think it will be very difficult to get some of the small , rural communities that
have no regulation at all with very little in the budget to support this on an ongoing basis . I think it is
incumbent upon stronger, larger towns with bigger budgets to get behind this and push . Otherwise it
will fall on its own weight .
Don Wier, 930 East Shore Drive - I appreciate everyone taking the time to address what to me is the
prime reason I live here in Ithaca and that is the lake . What I heard , but was not specific enough for
me to grasp , is the impact of the individual septic systems and the impact of municipal systems on the
health of the lake . I think until those things are addressed very specifically, no one will have any idea
what the cost is involved . I think it is an extremely imperative part of this program . Did you have any
sort of sense of the impact of the individual versus the community septic systems on the health of the
lake ?
9
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Mr. Zorn - Sedimentation came up higher as a concern . Therefore it is getting the focus an
attention . The first step is consistent inspection of existing system . We may find major proble
there that can be solved .
Mr. Wier - Do you have a perception of the percentage of impact as far as the individual septic
systems versus community septic systems ?
Mr. Zorn - I would have to look it up .
Mr. Wier - The impact of the individual and the community septic systems have been folded under
sedimentation . I do not believe sedimentation keeps myself or my children out of the water for health
reasons . Septic systems and agricultural systems do . I have a real problems with folding pathogens
under dirt .
Councilwoman Grigorov - There is a whole section on septic systems .
Mr. Wier - It is folded under the major section of sedimentation .
Mr. Zorn - It is a separate issue . It is not folded under sedimentation .
RESOLUTION
RESOLUTION NO . 2001 -94 - Approval of Endorsement of Cayuga Lake Watershe
Intermunicipal Organization Restoration and Protection Plan Process .
WHEREAS , the Town has participated in the development of a draft Cayuga Lake Watershe
Revitalization and Protection Plan , and
WHEREAS , there is a desire to continue by intermunicipal agreement , a Cayuga Lake
Watershed Intermunicipal Organization , and
WHEREAS , the Town is fully supportive of the objectives of the Restoration and Protection
Plan , and
NOW THERFORE , BE IT
RESOLVED , the Town Board hereby endorses the process of development of a final Cayuga
Lake Watershed Restoration Plan and look forward to signing the Intermunicipal Agreement when it is
finalized and approved by the Town Board .
MOVED : Supervisor Valentino
SECONDED : Councilwoman Grigorov
10
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
OTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
ouncilman Klein , aye ; Councilman Conley , aye ; Councilman Niederkorn , aye . Motion carried
nanimously .
Councilman Conley - Are leadership roles being taken by other municipalities?
Councilwoman Grigorov - Yes .
Agenda Item No. 6 - PERSONS TO BE HEARD .
Supervisor Valentino - Vie received a petition today . The person who was going to come before the
board was not able to be here . Mr. Noteboom , Councilwoman Russell , and Supervisor Valentino
have talked with Mr. Lorincz about the problem with horse manure along the trails . He has received
16 signatures on the petition .
Mr. Noteboom - Did you talk with the lady at the Equestrian Center?
Mr. Noteboom - They ride the trail . They said they do not typically stop and remove the manure from
the trail . They will attempt to be more responsible .
Supervisor Valentino - Did you go out and look at the trail ?
r. Noteboom - Rich Schoch looked at the trail . It happens occasionally. I do not think it is a
remendous , large problem , but it is an aggravating problem . The Game Farm Road trail is the
eaviest used trail .
Supervisor Valentino - The Equestrian Center is willing to shovel the manure off the path . The letter
from this gentleman is proposing that we prohibit horses or require that the raw horse manure be
removed . He is considering it a health hazard . At this point we have received the petition and are
discussing it . I would like Mr. Noteboom and Mr. Schoch to monitor the trail .
Mr. Noteboom - We can contact some of the people who use the trail .
Supervisor Valentino - The Equestrian Center has always tried to be cooperative .
Councilman Klein - Is it strictly the Cornell Equestrian Center?
Mr. Noteboom - There are other horses that use the trail , but it is mainly the Equestrian Center.
Councilwoman Russell - Why is this coming up now? I have not heard anything before .
Mr. Noteboom - No one has mentioned a problem about it . We do have suggestion boxes for
concerns . We do log in the concerns .
Supervisor Valentino - It is hard to tell what triggers things to come up .
11
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
I received a phone call today from the developers of the Steeples Glen project . They have set up
meeting for Wednesday , August 8 at 7 : 30 p . m . at the Lutheran Church for the neighborhood . The
are going to talk about their plans and go over concerns for the public .
OTHER BUSINESS: Bob Kirby Sewer Line Location . See Attachment #3.
1 wanted to tell the board about Bob Kirby and his sewer problem on Grove Road .
Mr. Walker - We put a sewer line in on Grove Road about 10 to 12 years ago . The developer of
Woolf Lane was to continue to provide the outlet for the sewer. Sewer was not active until this past
year when Mr . Ciaschi finished the sewer line . At that point when it became active several residents
wanted to connect to the sewer. We had difficulty in locating the lateral that was placed for the
house . When we build a sewer line we put a stake in the ground . The stakes tend to disappear after
10 years . In this particular case we located it based on the information that we had from the record
drawings . The homeowner' s contractor was not able to locate the sewer after several hours of
working on it . Wayne Sincebaugh authorized a new connection to save additional time and expense .
Mr. Kirby has asked the Town to compensate him for the additional time the contractor spent digging
for the sewer because our location , that we never represented as being exact , was not exact . Our
policy has been not to compensate for that . He is requesting for $500 .
Supervisor Valentino - How much responsibility do we feel that we should have in finding the lines ?
Councilman Klein - If there is sewer in the area people do not tend to hook- up until their septi
systems fail .
Mr. Walker - Our sewer use law states that they do not have to connect to the sewer if they have a
properly functioning septic system . After 10 years we will bill them even if they have not connected .
Mr. Frost - The County Health Department requires a connection within 10 years .
Councilman Klein - How does the home owner generally find the tap ?
Mr. Walker - We locate it with a stake in the yard . We are going to be putting clean -outs with iron
caps on them for new sewer connections . People have been concerned that they would be damaged
in the past . The cap could be located with a metal detector.
Councilman Klein - Does the homeowner spend the time digging up the yard to find the tap in other
situations?
Mr . Noteboom - The measurements usually allow the taps to be found easily .
Mr. Walker - Twelve years ago when this sewer line was installed , the use of a full time inspector on a
sewer job was not normal . Since then we have had very close supervision of the contractor' s work .
Supervisor Valentino - How many of those do you suppose we have up there ?
12
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
r. Walker - It is hard to say . Most everyone has connected by now .
ouncilman Niederkorn -- Do they have as- built drawings ?
Mr. Noteboom - Yes , but before we had full time inspection , the as- builts were whatever the
contractors gave the Town and they are not always completely accurate .
Mr. Walker - The record drawings the we have are the original design drawings that showed the
location the lateral was to be installed at .
Councilman Conley - We need to decide what to do about this problem . It is a lot of money for
someone to waste looking for the hook- up .
Mr. Frost - The way they proceeded in trying to find the connection might have been rather
irresponsible . Have we looked to see what they did and get some sense of what they did ?
Mr. Walker - We know exactly what happened . Mr. Sincebaugh was on site and said this is where
the sewer lateral is assumed to be . The contractor started digging at that point and did not find it . He
was excavating in either direction along the sewer line and did not find it within 10 or 20 feet of the
original pole .
Councilwoman Grigorov — How far away was it?
tr. Walker — They never did find it .
ouncilman Klein — They just said put a new tap in , because that may not even be there .
Mr. Walker — It' s possible it was never even put in . Without good , full-time inspection you never know
what is going to happen .
Mr. Frost — I think that point is clear, but the contractor proceeded in the location that Wayne
indicated .
Mr. Walker - Yes . The contractor did not do anything wrong . He is a very reputable contractor and
probably did not even charge what it really cost him .
Councilman Niederkorn - It does not seem like an unreasonable request , to be compensated . The
amount , I don 't have any idea of how to evaluate that .
Supervisor Valentino — He said that between 4 and 5 is what it cost him . He just wanted us to pay a
share of that .
Councilman Klein — That was strictly the additional excavating ?
t M
r. Walker — We can get the bills and I can talk to the contractor and find out exactly how much time ,
ne of the things , these homes on Grove Road were not charged a benefit assessment for sewer
13
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
collection or sewer connections until the sewer line was completed . In some of our other situation
we charged the full benefit assessment as soon as the sewer line goes in and is active whether or n
they connect to it . In this particular case , these people paid no benefit assessment until the sewer . . .
wasn 't available so we didn 't charge them .
Supervisor Valentino — I was thinking , if we did anything , it would probably cost us between $250 . 00
and $300 . 00 to defray some of his costs .
Councilman Klein — Is he paying for the tap? Who pays for the tap ?
Mr. Walker — He paid the contractor to make the connection and everything . There was probably , in
materials and labor, probably $20 . 00 or so in materials extra and probably an hours worth of labor
extra to actually make the tap .
Supervisor Valentino — My understanding is he is only asking for us to share in the cost of the
digging .
Mr. Walker — I think he spent 4 or 5 hours of work looking for the sewer line . That can run up to $ 100
per hour.
Councilwoman Grigorov — I think he was doing what he was supposed to do .
Supervisor Valentino — I think everybody was .
RESOLUTION NO. 2001 -95 - Approve Reimbursement of Robert Kirby for a Portion of th
Costs Incurred in Connecting to Town Sewer Line.
RESOLVED, that the Town authorize payment at a maximum of $300. 00 to Robert Kirby to
reimburse him for part of the additional cost he incurred in connecting to the Town sewer on Grove
Road, such additional costs resulting from the Town 's lack of accurate as-built drawings showing the
location of the lateral connection, and is further
u
RESOLVED, that the actual amount to be paid be determined by the Tow n Supervisor with the
advise of the Director of Engineering as to the appropriate allocable share of the costs, but in no
event to exceed $350. 00.
MOVED: Councilwoman Russell
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
Agenda Item No 9 = Declare Surplus Highway Equipment to Auction
14
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
r. Noteboom - This is the municipal auction that happens every year in the Town of Lansing .
upervisor Valentino - We've got : Ford 1 -ton dump truck , snow plow , spreader, tilt bed trailer, and
e 1999 Cherokee .
RESOLUTION NO. 2001' -96 = Declare Surplus Hi_ghwaV Equipment to Auction.
WHEREAS, a municipal auction is held every year at the Lansing Town Barns; and
WHEREAS, The Highway Department will put a 1996 Ford 1 -ton Dump with Snowplow and
Spreader, 20-ton Tilt Bed Trailer, and a 1993 Jeep Cherokee in the auction in September, now
therefore be it;
RESOLVED, that a 1996 F350 Ford 1 -ton Dump with Snowplow, a 20-ton Tilt Bed Trailer, and
Spreader and a 1993 Jeep Cherokee be placed in the auction with the money from the sale going into
Sale of Equipment (DB2,665) account.
MOVED: Councilman Conley
SECONDED: Councilman Klein
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
ouncilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
nanimously.
AGENDA ITEM NO . 10 .- Declare Computer, Facsimilies , and Printers Surplus Equipment
Supervisor Valentino - We talked about this at our SAC meeting , Fred , did you guys and Al and Dan
reach a decision ?
Mr. Noteboom - Yes .
Supervisor Valentino - Is that your understanding , Lisa?
Ms . Titti - This list is accurate .
Supervisor Valentino - There must be some that need to come off of this , right ?
Mr. Noteboom - No . I talked to Lisa about the whole thing and some don 't need to come off there .
After discussing with Lisa at great length some of the reasons we need to set up things the way they
are , as she has them , is if you try to incorporate some of the old computers into a new system you
have to set up a little different sort of system . You ' re much better off going with the new machines
and set up the system because you ' re building it for the future rather than building it for the past.
Supervisor Valentino - That ' s what Al told us .
15
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Mr. Noteboom — Once Lisa explained all of that to me , I agreed with her.
Councilwoman Grigorov — What happens to these things?
Councilman Klein — The resolution isn 't clear, other than declaring it surplus .
Mr. Carvill — They will be offered for sale to the Town employees .
Supervisor Valentino — There are some town employees that have expressed an interest in these old
computers , so if we declare that they are surplus and have no value then we can offer them for a
reasonable amount to our employees first , and if there are any left after that we' ll donate them
somewhere .
Councilman Klein — Should we establish a price?
Mr. Carvill — We have attempted to do that by calling 3 different computer engineering firms , one
which is our network consultant , Sherpa Technologies . The response that we have received from
everyone is that these are 3 and 4 generation computers , you 've got to be kidding .
Supervisor Valentino — The value is like zero .
Mr. Carvill — Some reasonable figure certainly needs to be established . Historically , when we hav
sent $4 , 000 . 00 or $5 , 000 . 00 of computer equipment , to simplify the action , to public auction we 'v
been lucky if we've gotten a check for $35 . 00 . So , we can certainly gain much more by establishin
some type of a minimal cost , the price of a monitor is probably $45 . 00 or $50 . 00 and whatever
processor is , we can try to attempt to determine that . But there is nobody , I have not been able to ge
a price from anyone for 3rd or 4t" generation hardware equipment .
Supervisor Valentino — I think we are going to try to come up with some minimal sum .
Councilman Klein — Do the Compaqs go with the monitors?
Supervisor Valentino — Do these Compaq Deskpros all have monitors?
Ms . Titti — No , they are just the machines .
RESOLUTION NO 2001 -97 = Surplus Computer Equipment.
WHEREAS, the Town of Ithaca owns the following PCs, facsimile machines and printers:
Make Model Serial # Year
Compaq Deskpro 2000 6717HWc2P460 1997
Compaq Deskpro 2000 6711 HWC20061 1997
Compaq Deskpro 4000 6733BNL7P110 1997
Compaq Deskpro 4000 6734BNL7U632 1997
Compaq Deskpro 2000 6726BK55P710 1997
16
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Compaq Deskpro 4000 6742BNL7P118 1997
Compaq Deskpro 4000 6733BNL7P194 1997
Canon CFXB380 Fax ULN42891
Xerox Telecopier 7024 Fax
Xerox 7042 Fax 8HD-037875
HP Deskjet 690C US67MIHOHY
HP Deskjet 820 CSE SG63F1816V
HP LaserJet 3P 3128JGON95
Epson LQ2170 2NJY044082
which are no longer needed and have no remaining salvage value beneficial to the town; and
WHEREAS, there would be a cost to the Town to dispose of such equipment by junking it; and
WHEREAS, it is the recommendation of the Town Supervisor compliant with Section 318 of the
State Education Law, and Section 104 (c), of the General Municipal Law governing disposal of surplus
equipment to seek the Approval of this governing Town Board to declare these pieces of equipment
t bsolete, now, therefore , be it
RESOLVED, the governing Town Board of the Town of Ithaca does hereby declare the said PCs,
csimile machines and printers as obsolete surplus equipment.
MOVED: Councilman Klein
SECONDED: Councilman Conley
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
AGENDA ITEM NO . 111 — Approval of Changes in Polling Places and Corresponding Election
Map (Attachment #4)
Councilman Conely — Are they all handicapped accessible ?
Supervisor Valentino — Nres .
Supervisor Valentino — We tried to arrange them as best we could . We' ll work with the Board of
Elections to do a good job getting the word out to people that some of the polling places are going to
be changed . All the people on that southern part that is now attached to Danby , it's going to be a
totally new place for them .
17
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Councilman Conely — Maybe we can give the press as much information as we can give them an
hope that they do a good job of letting people know .
RESOLUTION NO. 2001 -98 - DESIGNATION OF ELECTION DISTRICT POLLING PLACES
APPROVAL OF CORRESPONDING ELECTION DISTRICT MAP
WHEREAS, in conformity with Election Law, the governing Town Board designated the names
and addresses of Election District Polling Places and approved a corresponding "official map "
outlining and describing the said Election District Polling Paces within the Town of Ithaca; and
WHEREAS, Tompkins County Board of Representatives subsequently reapportioned the
County voting districts; and
WHEREAS, the Town of Ithaca has designated two additional polling places and re-designated
others to comply with this reapportionment; now, therefore, be it
RESOLVED, the governing Town Board hereby amends their April 9, 2001 resolution number
2001 -42 and designates the following listing of election district polling places, as the official "Town of
Ithaca Election District Polling Places for the Year 2001 '; and be it further
RESOLVED, the said "Election District Polling Places for the Year 2001 " are all in compliance
with the Election Law and are accessible to the handicapped; and be it further
RESOLVED, the governing Town Board of the Town of Ithaca hereby adopts the attach
corresponding "Election District Map " as the official map which outlines and indicates the location
the said polling places for voting within the Town of Ithaca; and be it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of
this resolution, and a certified copy of the corresponding "Election District Map " to the Tompkins
County Board of Elections.
ELECTION DISTRICT POLLING PLACES FOR THE YEAR 2001
District # 1 - West Hill Fire Station, 1242 Trumansburg Road
District #2 - Veteran Volunteer Fireman 's Association, Inc. , 638 Elmira Road
District #3 - South Hill Fire Station, 965 Danby Road
District #4 - Reis Tennis Center @ Cornell University, 230 Pine Tree Road
District #5 - Hasbrouck Apartments Community Center, 121 Pleasant Grove Road
District #6 - B. O. C. E. S. , 555 Warren Road
District #7 - Cayuga Heights Fire Department, 194 Pleasant Grove Road
District #8 - Cayuga Heights Fire Department, 194 Pleasant Grove Road
District #9 - Boynton Middle School, 1601 North Cayuga Street
District # 10 - South Hill Fire Station, 965 Danby Road
District # 11 - Reis Tennis Center @ Cornell University, 230 Pine Tree Road
District # 12 - Maplewood Apartments Community Center,
District # 13 - Hospice Care, 172 East King Road
18
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
tOVED: Councilman Niederkorn
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
Councilman Klein — Obviously, this isn 't necessarily the final printing , particularly in Cayuga Heights
very few of the street names are listed . I would like to add , certainly between 7 and 8 , to put the
boundary road .
Ms . Hunter — What I think is important is to have a list of all the registered voters at all the polling
places so if people find they are in the wrong place they can be redirected .
AGENDA ITEM NO . 12-- Discussion of Possible License
Attorney Barney — The property formally owned Blumener, when Mr. Blumener, his contractor
constructed the his car port , he inadvertantly located a corner of it on the Forest Home Walkway
hich runs adjacent to his property on the north . That turned up in a survey of the property in the
rocess of changing , in fact it may have changed hand earlier today . I got a call from the attorney
sking if the Town would consider some arrangement that would at least acknowledge that they were
aware of the encroachment and were not taking any immediate action forcing them to remove the car
port . This was discussed at some length with the Blumeners several years ago .
Mr. Frost — They went to the Zoning Board to get some approvals and one of the conditions may have
been to get something .
Attorney Barney — What I told the attorney is that I would be comfortable recommending to the Town
Board that the Town enter into a revocable license agreement . I don 't think that it encroaches more
than a couple of feet . I would recommend that the Town grant a revocable easement to maintain the
car port where it is reserving the right to the Town to demand its removal on 120 days prior notice .
Councilwoman Grigorov — How long ago was it built ?
Mr. Frost — Late 80s , I believe .
RESOLUTION NO. 2001 -99 = Authorization to Execute License Agreement.
WHEREAS, the owners of property at 122 Warren Road in the Town of Ithaca (Tax Parcel No.
66. -2-3) have constructed a carport which extends across the boundary of such property northerly
onto the Town 's Forest Home Walkway which adjoins said property on the north; and
19
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
WHEREAS, such property (Tax Parcel No. 66. -2-3) is in the process of being sold by th
current owners to another party; and
WHEREAS, the new owners would like some assurance that the continued maintenance o
such garage will not be in violation of any rights of the Town; and
WHEREAS, the Town Highway Superintendent, the Town Engineer and the Attorney for the
Town are familiar with the circumstances and all recommend the execution of a license agreement
permitting the continued encroachment of such carport until such time as the Town may direct its
removal; and
NOW THEREFORE, the Town Board of the Town of Ithaca hereby authorized the Town
Supervisor to execute, on behalf of the Town, of a license agreement in form and substance
satisfactory to the Town Supervisor and Attorney for the Town pursuant to which the owner of the
premises are granted a revocable license to maintain the carport encroachment on the Town 's Forest
Home Walkway, reserving to the Town the right to revoke such license at any time for any reason or
for no reason at all on 120 days prior notification to the then record owner of the property, such
license agreement to contain such other terms, including an indemnity agreement, deemed advisable
or appropriate by the Town Supervisor.
MOVED: Councilwoman Russell
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carrie
unanimously.
AGENDA ITEM NO . 13— Auditors Report
Supervisor Valentino — What I ' m going to propose is that people take time to review this . We don 't
have to approve this resolution tonight . If you would like our auditors to appear at the next meeting , if
you have questions for them , then Al and I will make sure that they do that . This is basically for you
to look at . I can say that it was a very good audit and that we came through it very nicely .
Mr. Carvill — The audit went along very smoothly . Everything was fully accounted for, fund balance
truly reflects historically what it was at the ending of last year and the beginning of this year and year
—to-date . I think that it should be noted that in the management letter of recommendations of prior
periods all of those findings which were recommended to tighten up or improve our internal controls
have all been strengthened and the recommendations have been followed through . Certainly the two
outstanding ones remain the water and sewer billings which we' re addressing currently and
attempting to get a better handle on those . The new accounting software was installed out at Bolton
Point . Certainly remains the question under GASPY 34 , what is going to be the total national action
on how to account for infrastructure inventories that is still hanging out there and we' re still looking for
more accurate information . But our audit was outstanding and truly did reflect those figures whic
were also reviewed by the State Comptroller.
20
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
GENDA ITEM NO . 15-, Discussion and Approval of Expenditures for Acoustical Wall Panels
ee Attachment #5.
Ms . Hunter - We had John Lowery come to inspect the building , he is the contractor who installed the
existing panels that are in this room . He designated some additional areas that he thought with the
panels installed would reduce the echo in this room . He advised us to proceed relatively slowly with
the installations and see if things worked so that we didn 't spend too much and so that we didn 't
deaden the noise in the room . He had a schematic here for the Clerk' s Office and for the Board
Room ,
Councilman Conely - What he ' s saying is that he 's putting them up slowly until we are satisfied .
Supervisor Valentino - The panels that he is proposing for the Board Room come to $3 , 015 . 00 ; and
the ones that he is recommending for the Town Clerk' s Office comes to $ 1 , 600 . 00 . 1 think we said
among ourselves that he 's also saying some panels in the hallway ; we thought we ' ll not do those right
now .
Councilman Niederkorn -- I was wondering what David thought about the possibility of this working ?
Councilman Klein - I think , from what Tee -Ann said , that we should probably do it incrementally and
see how it comes out . It probably won 't solve it all , but I think it will give some added absorption that
hould probably take some of the echo out of here .
am a little more concerned about what it might look like . You have an area under our infamous wall
here , it seems to me from the way he sketched it you ' re going to have one panel that is straddling the
right hand side . I would actually tend to want to put it from one end of that to the other, and fill out the
piece to the end . Then maybe have a balance piece between the door and the wall here and
something similar on the other side . Same thing on the wall behind me . Maybe you want to run a full
piece where the windows are .
Councilwoman Russell -- I had a question . The account that it is being transferred out of, is that
because we are not expeinding that account this year?
Mr. Carvill - That is correct . $ 10 , 000 of unexpended monies remain in that line item .
Mr. Walker - Yes , but we haven 't done the work yet either. We may be doing the work this year.
We' re getting prices for it .
Supervisor Valentino - We ' ll worry about painting the exterior next .
RESOLUTION NO. 2001 - 100 - Budget Transfer for Purchase of Acoustical Panels.
WHEREAS, the gown clerk has received the attached quote from John C. Lowery, Inc. for the
installation of acoustical wall panels in an effort to improve the sound quality in the Town Clerk work
area and the town hall assembly room, and
21
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
WHEREAS, the Town Clerk has reviewed with the Town Budget Officer the availability
$4, 700 for the purchase of these acoustical panels, and
WHEREAS, the Town Budget Officer recommends and seeks the approval of this governing
board to transfer the $4, 700 from under expended budget appropriation A1620. 246 — Exterior
Building Painting to appropriation account A 1620. 243 — Town Hall Building Audio System, and
therefore be it,
RESOLVED, that this board approves, directs and authorizes the Town Budget Officer to
record the recommended and as needed transfer of funds to the 2001 Budget.
MOVED: Supervisor Valentino
SECONDED: Councilman Niederkorn
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
AGENDA ITEM NO 14 — Possible Enforcement Action on Noise Complaints on 1047 Danby -
See Attachment #6
Mr. Frost — If I might just initially start and then pass it over to John Barney, you have a copy of
letter from a Mr. Richards who lives across the street from the Monkmeyer Solar Apartments , as it
known which are located at 1047/ 1053 Danby Road . This property , if you ' ll recollect at one poin
when Mr. Richards initially contacted me , questioned how these 4 two-family homes got where they
are . We did some research and based on some information we received from the County , we
thought we had discovered that there was an illegal subdivision that had occurred and that there was
a subdivision approval granted , but the proper procedure was not followed . This board authorized a
law suit , it came to pass that County Assessment made some mistakes and everything kind of died
away and Mr. Monkmeyer got some certificates of occupancy . The neighbor who initiated that
complaint also , at that time , initiated some noise complaints which he has persisted with and you see
before you a letter dated July 30th that Mr. Richards wrote setting forth a position that quite frankly I
don 't know what to do with . So we brought it to the Board tonight and I ' m going to pass this on to
John Barney now for the discussion to continue .
Attorney Barney — Basically it is voices . The only issue with a noise ordinance , I guess , is any
unreasonable noise . And unreasonable is like beauty is in the eye of the beholder.
Mr. Frost — What the kids may be doing when they are intoxicated , we don 't have authorization to
deal with that kind of thing . For me , my dilemna is , when I get a complaint and I act on it and I can
verify yes I saw this complaint , then I have a means to go and do an accusatory instrument , go into
court and say on this day I saw such and such . I have not been called out at 2 and 3 and 4 in the
morning . When we wrote this noise ordinance there seemed to be a sentiment by most of the Boar
22
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at perhaps I should not go out into a drunken party about 2 or 3 o'clock in the morning . It is not a
ituation I would like to see myself in .
ouncilman Conely — I think it is unreasonable for us to ask you to go out at midnight or 2 in the
morning because of noise .
Mr. Frost — I certainly think the type of situation described here , I think I would be concerned about .
We do have sherrif' s reports . Mary Russell has looked over some of this . Apparently 3 kids were
arrested , there were court tickets issued . I think the neighbor has a legitimate complaint in terms of
the broader picture .
Councilman Klein — These people were arrested , isn 't it in the court system somewhere else . Maybe
it' s our Town Court .
Attorney Barney — I assume it went through some process in the Town Court , I don 't know what the
outcome was .
Councilman Klein — So , isn 't that it? What else would we do ?
Mr. Frost — I don 't think that the landlord and the complainent get along well and he 's wanting me to
take some action on the landlord who owns the property .
ouncilman Klein — It was so many years ago that we did our noise ordinance . After we did that ,
on 't know if we 've ever had complaints against it .
Attorney Barney — The focus of the ordinance has been really to amplified sound , while we don talk
about unreasonable sound , with the amplified sound we put decibel limits so that we had some kind
of empirical standard , we could say either you ' re exceeding this or you ' re not . With unreasonable
noise we weren 't able to come up with a really good formula so we left at that kind of language . We
could , I suppose , if it comes up again , have the person call somebody and the somebody has to be
Andy or somebody like that , to go out and say whether in Andy's judgement it' s unreasonable .
Mr. Frost — I ' ll go up with the sherriff if I coordinate that with the sherrif , as long as I have police
protection , I 'd go .
Attorney Barney- You don 't even need to go on the property . If you go over there and they' re making
a very loud racket and you deem it unreasonable , we can try to go to court and pursue it . But he can
go to court and pursue it under our ordinance . It doesn 't really require our people to do it and that's
apparently what he did . So I ' m not sure whether we want to expend Town personnel resources on a
matter that really is a violation of peace under the disorderly conduct section of the penal law .
Mr. Frost — I will say that the owner of the property involved , the defendant if you will , we 've done
battle with him . When I have dealt with other landlords where we have such complaints usually I get
a pretty quick response from the landlord , often a letter follow- up and then I don 't hear anything more .
It' s not clear to me what , if anything , the landlord has done to try to attempt to make the situation
better. There has been little or no communication .
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Councilwoman Grigorov — I think you ' d have some pretty hard feelings if you couldn 't sleep .
Mr. Frost — The guy has a legitimate complaint .
Councilwoman Grigorov — I think it should be possible to deal with .
Councilman Klein — The sheriff' s department , they charged these individuals with disorderly conduct ,
but not necessarily in violation of our laws that I am aware of .
Mr. Frost — I ' m willing to do a letter to the landlord , but I hate to do letters that threaten some kind of
action , if we can 't take any action . I think Mr. Richards is owed a response from someone and I ' m
willing to do something , but I want some direction .
Councilman Klein — Under our noise ordinance , is it up to our Code Enforcement Officer to issue the
violation ? Or is it the sheriff?
Attorney Barney — Technically it would be the sheriff , but sheriff' s deputies are notoriously reluctant to
do things that are enforcing local ordinances . They are perfectly content enforcing the penal law .
Yes , they could do it , but as a practical matter if you ' re chasing after the people involved and you
accuse them of disorderly conduct and you accuse them of violating our noise ordinance , it is
essentially the same thing . You go through the same process with either one . The objective is to ge
the person who is causing the problem into court and have them understand that there is a penalty fo
doing what he' s doing . We can get an injunction and we can go after Monkemeyer. We can try an
prosecute Monkemeyer directly as the owner of the property , which the sheriff' s office can 't do and
disorderly conduct . I just don 't hold out a lot of hope that you ' re going to get a result that is going t
be effective .
Mr. Frost — How about if I write Mr. Monkemeyer a letter, copy Mr. Richard ' s , copy Peter Meskill , and
see what happens .
Supervisor Valentino — Peter has held they that would try to help with noise problems .
Mr. Frost — I ' ll try to write up a letter that doesn 't commit the Town to anything very specific , but sends
out a message .
Councilman Klein — Do we have a noise meter?
Mr. Frost — When we wrote the noise ordinance , you have to continually calibrate that noise decibel
meter.
Councilman Klein — You 've got to take a reading .
Mr. Frost — That' s why we put in the unreasonable component of the ordinance to give us broader
power.
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ttorney Barney — Is that what the town Board wants us to do , to get into the business of enforcing
hrough injunctive relief against landlords , actions that have been the subject of criminal prosecution
gainst the individuals that are actually doing it ?
Mr. Frost — How about I write the letter, John , show it to you before I mail it .
Councilman Klein — As I understand it , we can only get to the landlord under the noise ordinance , not
disorderly conduct . The drunkeness and the behavior has nothing to do with our local law .
AGENDA ITEM NO . 16-- Consider Employee Wage Percentages for 2002 - See Attachment #7.
Supervisor Valentino — We looked at different indexes and wages in the area . Looking at 3 or 4
different ones we came to an agreement that 3 . 5% seems to be pretty close to what it was this past
year.
Ms . Drake — The year 200 it ended at 3 . 4% for the CPI .
Supervisor Valentino — Then you have the charts that show you by each classification what that will
mean .
RESOLUTION NO. 2001 - 101 - Approval of 2002 Wage Increase Percentage.
WHEREAS, the Town Board May 7, 2001 , established a Hiring Minimum and Job Rate for
each Job Classification creating a Salary Scale program; and
WHEREAS, the approved program was to have the Hiring Minimum and Job Rate increased
annually based on a percentage as determined by the Town Board; and
WHEREAS, the Town Supervisor and Human Resources Manager after evaluating local area
union contracts for 200.11 and the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI- W) f6r2000 and June 2000- June 2001 , are recommending a percentage increase of
3. 5% or a minimum of $. 50 per hour;
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Ithaca does hereby
approve the recommendation of the Town Supervisor and Human Resources Manager of setting the
2002 employee wage increase percentage at 3. 5 % or a minimum of $. 50 per hour, effective January
1 , 2002.
(see attached: 2002 Job Classification Listing with Salary Scale)
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
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APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
AGENDA ITEM NO . 17— Consent Agenda Items
Supervisor Valentino told the Board the Bolton Point Warrants were not available for approval due t
the early date of the Town Board Meeting , The Board agreed upon a Special Meeting for the
approval of the Bolton Point warrants .
Resolution No. 2001 - 102 = Special Meeting to Approved Bolton Point Warrants.
WHEREAS, the Bolton Point Warrants were unavailable for approval at the August 6, 2001
Town Board Meeting;
NOW, THEREFORE,
BE IT RESOLVED, that a Special Meeting will be held Friday, August 10, 2001 at 1 :30 o 'clock
p. m. , in the Town Hall at 215 North Tioga Street, Ithaca NY to consider approval of the Bolton Point
Warrants.
MOVED: Supervisor Valentino
SECONDED: Councilman Niederkorn
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carrie
unanimously.
Councilwoman Russell asked that the July 9 , 2001 minutes be pulled from the Consent Agenda Items
for corrections .
Resolution No. 2001 - 103 — Consent Agenda Items.
BE., IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approves
and/or adopts the resolutions for Consent Agenda Items Numbers 17b, 17d, and 176 as presented.
MOVED: Councilwoman Russell
SECONDED: Councilman Conley
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
RESOLUTION NO. 2001403a " Town of Ithaca Warrants.
WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Boar
for approval of payment; and
26
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
WHEREAS, the said vouchers have been audited for payment by the said Town Board; now
t erefore be it
RESOLVED, that the governing Town Board hereby authorizes the payment of the said
vouchers in total for the amounts indicated.
VOUCHER NOS. 3760-3863
General Fund Townwide $ 79, 275. 08
General Fund Part Town 11467. 66
Highway Fund Part Town 126, 245. 50
Water Fund 153, 626. 52
Sewer Fund 110, 548. 92
lacovelli Neighborhood Park 257. 83
Hanshaw Road Sanitary Sewer 95. 53
Fire Protection Fund 19, 68 1 . 00
Lighting Districts 1 , 076. 64
Trust and Agency 25. 00
TOTAL $ 492, 357. 68
MOVED: Councilwoman Russell
SECONDED: Councilmen Conley
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
RESOLUTION NO. 2001403b - Fall Brush and Leaf Pick-up Dates.
WHEREAS, the Highway Department provides yard refuse disposal services for the Town of
Ithaca residents; and
WHEREAS, twice annually the Highway Department will collect brush and leaves from
roadsides; now, therefore be it
RESOLVED, that the fall brush collection will commence on October 15, 2000, until finished;
and the fall leaf collection will commence on November 5, 2000, until finished.
MOVED: Councilwoman Russell
SECONDED: Councilmcein Conley
27
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, ay
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carrie
unanimously.
RESOLUTION NO. 2001 - 103c= Provisional Appointment of Engineering Technician L
WHEREAS, there is presently a vacancy in the full time position of Engineering Technician I in
the Highway Department; and
WHEREAS, the Human Resources Manager, Highway Superintendent, Director of
Engineering and Senior Engineering Technician interviewed 7 candidates through the open recruit
process as there was not a certified eligible listing available from Tompkins County Civil Service; and
WHEREAS, the said individuals have determined that Joseph Slater possess the necessary
knowledge and skills to satisfactorily perform the duties of the said position; and
WHEREAS, the said position will be appointed provisionally, therefore, the appointee will need
to be one of the top three reachable candidates from the next civil service exam for Engineering
Technician l; now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Joseph Slater as the Engineering Technician I for the Highway Department, effectiv
August 20, 2001 ; and be it further
RESOLVED, this is a 40 hours a week position, at the hourly wage of $ 15. 50, which is a
estimated annual salary of $32, 240, from Highway, Water and Sewer Personnel account lines, in Jo
Classification "L '; 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 Engineering Technician I.
MOVED: Councilwoman Russell
SECONDED: Councilman Conley
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
RESOLUTION NO. 2001404 — Town Board Minutes — July 9, 2001
The Board asked that the tape of the July 9 , 2001 meeting be reviewed and the name " Ms . Kelley" be
change on page 13 of the minutes .
WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board Meetin
held on July 9, 2001 , to the governing Town Board for their review and approval of filing;
28
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
NOW, THEREFORE, BE / T RESOLVED, the governing Town Board does hereby approve for
fling the minutes for the meeting held on July 9, 2001 , pending review of the recording tapes from the
said meeting to correct speaker listed as "Ms. Kelley" on page 13, at the August 6, 2001 board
meeting.
MOVED: Councilwoman Russell
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
AGENDA ITEM NO . 18-- Committee Reports
Public Works
Councilman Klein — Public Works , basically we spent most of the time talking about the Highway
Facility. We ' re still working on that . We cancelled the August meeting because of vacation
schedules . We' ll probably be doing some interviewing in September.
Codes and Ordinance
Mr. Kanter — Codes and Ordinance was also cancelled for August .
Mr. Carvill — At the July meeting apparently $ 100 , 000 of consulting fees for architects for the new
highway garages , remember a conversation we had . John said to take it out of the General Town -
Wide Fund to avoid permissive referendum right at the moment since we didn 't have fixed prices on
the building . Was that money going to be needed between now and December 31St
Mr. Walker — Yes . We talked about that we were interviewing consultants and that we would
probably be hiring our consultant before the end of the year. So we will have to have some funds
available to pay a portion of the consultants fees . I ' m assuming if we interview in September, we ' ll
probably make a decision in October, we ' ll probably actually get the consultant working in November,
so they may have 50% of that work done by the 1 St of the year.
Councilman Klein — Probably not even that much .
Mr. Walker — So we may have to have $25 , 000 to $50 , 000 available . All the consultant fees were
falling in that range .
Mr. Carvill — I guess the conversation then in exploring this is we have not appropriated any monies to
a capital project for the construction of a Town garage facility .
Councilman Klein — We have a capital fund .
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Mr. Carvill — We have reserve . We 've got to have a project by which to have those expenditures
made .
Supervisor Valentino — So how much do we have in the reserve ?
Mr. Carvill — We have $ 127 , 000 .
Attorney Barney — We didn 't want to spend it out of the reserve until we had established the project .
To spend money out of the reserve , you ' re subject to permissive referendum . Initially , the consultants
will presumably be paid out of other revenue selections .
Supervisor Valentino — It sounds like Al and I have a little work to do .
Mr. Walker — For the next Town Board meeting I ' ll put together a projected project schedule and
estimated budget so that you can see what you have to have when we need it .
911 Committee
Mr. Walker — The Building Committee has been meeting and we ' re looking at some different options
for cooperative agreements on how the facilites are going to work and primarily on the building , now
this may lump into some of the other issues . The Building Committee , I 've been a part of that and
Barbara Blanchard 's been the chair of that and it ' s been pretty cooperative between all the different
parties . The agreement for that fire station will require , because the Town owns the property , the
Town ' s agreement . The City Fire Department is involved because we have a fire contract and that
building is part of the fire contract . And Ithaca College is involved as an approving authority because
of their giving of the land to the Town , that was one of the conditions of that . But all the parties have
been working together amicably at this point and I ' m trying to keep it going that way . Tony Agner is
developing the schematic plan for the facility . He ' s been selected as the design professional and
within the next month we should have schematic plans which , as soon as I have those in fairly good
order I will be making a report to the Planning Board to start off the development/land use review
process that we' re going to be following on this project . The Memorandum of Understanding or
agreement that we make with the County will have that spelled out within it . We' re waiting right now
for Steve Whicher to turn around a memorandum of understanding for all the parties to look at .
Supervisor Valentino — I wasn 't too encouraged by what Tim Joseph said tonight .
Councilman Klein — Who else is on the committee besides Barbara at the County level .
Dan Walker — Dan Winch is Public Works Chair. Tim Joseph has sort of been there because he is
the budget chair. He ' s not showing much interest in that committee . Joe Laly is , I believe , on the
Committee . There ' s three different committees that are involved with that , so it's a committee of
committees . There ' s a users group committee which is primarily the 911 operators , dispatchers .
They' re bringing together the program . Barbara Blanchard is chairing the actual building committee
which is dealing with the financial end of it . Then it has to go on to the County Finance Committee
and Public Works Committee for approval .
30
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ouncilman Klein — You had written a memo about the Town of Ithaca procedures .
r. Walker — Everyone on this committee , Barbara Blanchard , Lou Withiam , and the people are
chairing this committee , and Dan Winch especially all agree that process shouldn 't be a problem .
Steve Whicher has pretty much agreed to that also , although he ' s right in the middle of everything so
he never makes a definitive statement . We' re involved in the process , the Town is involved in the
process and it will be reviewed . There ' s another committee meeting the 16th . If they lock the door
and don 't let me in , I ' ll know there ' s a change .
Mr. Frost — Knowing that there are some complex issues with regard to the County and the authority
thing , I did get a call frorn an engineer questioning some stuff with regard to building code
requirements . When the fire stations were built it was Town land , City owned building .
Supervisor Valentino — What?
Mr. Frost — When we had that South Hill and West Hill Stations built .
Supervisor Valentino — They' re not owned by the City .
Mr. Walker — They' re Town buildings .
r. Frost — At the time , it was my understanding that the land was the Town ' s and the buildings were
he City Fire Department .
r. Walker — The City was issuing the contracts to build them .
Mr. Frost — Help me out , John , at the time I thought the City owned the buildings and we owned the
land .
Attorney Barney — The City leased the land . We have a pro- rata share in the title for that .
Mr. Frost — They made building permit application , they did have to . Noel Desch , I think , in
agreement with the Mayor made a building permit application . The question that is not clear to me is ,
as this process moves along , assuming it moves along and doesn 't get held up somewhere , if there is
going to be a building permit and how we want deal with that . I ' m asking the Town attorney .
Supervisor Valentino — The permit will be issued by you and for you to be doing the inspections . At
least that County committee understands that .
Mr. Frost — Depending on who on the County level and if they are going to raise an issue about
authority which is the crux of where I am coming from .
Supervisor Valentino — It will be in the memorandum of understanding .
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APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Attorney Barney — They need our consent in order to build it because it is our land and I think we can
condition our consent on their going through the process .
Supervisor Valentino — Especially if we ' re donating the land . The land has a fair amount of value .
Mr. Walker — We ' re not donating the land , we ' re making the land available for them to use it basically
for no fee , but it is still Town property .
Mr. Frost — I ' m trying to establish this authority thing .
AGENDA ITEM NO . 19— Report of Town Officials
Director of Building and Zoning
Mr. Frost — We issued what I think was fireworks permit number 23 for the July 4th fireworks . I ' m the
penal officer for fireworks permits . We had discovered through the work of Kristie , the Assistant
Director of Building and Zoning , that there was a sprinkler head recall for sprinkler heads made by
Central Sprinklers Co . The third largest recall done in conjunction with the Consumer Products
Safety Commission in their history , not just fire safety stuff but all their recalls , this was the third
largest according to this news report from Consumer Products Safety Commission . We sent out a
mailing to all the properties we have inventories that have sprinkler systems , residential or
commercial , in the Town of Ithaca asking for responses for them to check on their sprinkler systems
in cunjunction with the specifics set forth in the news release . We have not gotten responses from
everybody , but the Altera Clairebridge Cottage which is a Senior Citizen Facility on Bundy Road has
sprinkler heads that are in the recall . Basically , very briefly , the sprinkler heads have a rubber gaske
seal on them that apparently has deteriorated . There were nine fires , I don 't have anything about
deaths , from failure of sprinkler systems to work around the country . The Altera Clairebridge
Cottages have sprinkler heads involved . The Andre gas station up at East Hill Plaza has sprinkler
heads involved . Ithaca College is doing a campus-wide survey , apparently they have found sprinkler
heads involved . I 've talked with Ted Murray at Cornell for the Town of Ithaca located properties at
Cornell and they are doing a campus-wide search as well . So we have gotten some hits on this . At
some point I ' ll be coming back to the Board with how do we want to deal with this if some of the
property owners don 't go along with the voluntary procedure for replacement for these heads .
With regard to my monthly report and just going through that , I find several catagories interesting .
We've issued more permits this year than we did last year. We've taken in more than double
revenues , at least with regard to building permits , this year than we did last year. We've issued a few
more certificates of occupancy . And interestingly , for the first seven months in 2001 , we 've
investigated 100 complaints . Last year through July of 2000 we investigated 31 complaints .
The other thing I just want to say and if I may just take a moment here , I ' m a Town resident , I 've been
a Town resident for well over 20 years , and sometimes working in the Town of Ithaca as I have for so
many years I kind of like lose my say as a Town resident and I just want to take a moment or two to
say a few things as a Town resident as well as an employee .
32
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
ver the years that I have been here , and certainly in the last few months , my mother passed away ,
y kids have all gotten a year older, I 've gone through an anniversary here . All you sitting around the
able , no one was at the Board when I first started here except for John Barney who has been here
ince , I think , they conceived of the Town . I think Carolyn and David were on the Planning Board at
one point . . I 've seen people who either work here or who have family members going through births
and deaths . There has been a lot of life that has gone through my experiences working for the Town
of Ithaca . We had 5 kids die in a fire in 1995 , 1 think it was . We had a couple of adults die in two
separate fires in the late 90s . I 've got to say , with a lot of the publicity that' s been out there , with
suing the County and this and that . Listening to Mr. Burbank make some criticisims . In my years
here , there ' s been things that I 've experienced that I don 't agree with . There's things here that I 've
steamed over at night , trying to fall asleep at night as I think we all have over things that bother you .
There' s things that sometimes even currently go on that still bother me . But overall when I look at the
volume of meetings , the volume of people that have come and gone through the doors and sat at
these board tables , I really, truly think that the Town has done a good job . While I don 't agree with all
your principles , you 've always been committed to what you believe in , even in the face of some
negative publicity and I respect that a lot . I think the Town has been very tolerant of me as I 've gone
through some problems , more on a personal level at home , has stood with me through the years .
Sometimes it seemed a little shakey at times . When I look back on it all , I feel very fortunate and
blessed to be employed by the Town of Ithaca . I think in the last several years I 've seen great efforts
made to try to make the employees happy . I ' m not so sure that' s always well understood by people .
I think more than anything the thing that has impressed me is the way the finances of the Town have
changed as opposed to the early years when I was here . And I just want to remind you that I think
ou ' re all doing a good job . I think this is a good place . I don 't think that when you are on local level
politics , that you ' re in it for anything real personal . I think you ' re in it because you ' re trying to do
something good and give back to the community . You ' re not getting rich doing this job or making any
ig political climbs . I think there has been a level of a sense of humor here that I 've come to
appreciate . I think everyone who has been here , whether you have done right or wrong , your
intentions were to do the right thing . So I want to thank you for keeping me still .
Attorney Barney — Andy , it' s a flat 3 . 5 % , there ' s no getting a little more .
Supervisor Valentino — Thank you .
Human Resource Manager
Ms . Drake - I just think that tells you the Town of Ithaca is an employer of choice and that's a very
good thing .
Budget Officer
Mr. Carvill — To go along with what Andy says , fiscally and with the Audit report is that as of July our
fund balances are quite secure . I don 't see any dramatic changes or impacts that are going to
endanger us at the end of the year. And certainly that has improved our bond rating and John
commented about the bond market . This is certainly the right time for the Town to progress with its
next large project .
33
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
Review of Communication
Letter from NYSEG
Supervisor Valentino — This guy called me . He ' s been after me for us to endorse their rate freeze .
He was going to come tonight and I told him that he really didn 't need to come tonight because I
really wanted to talk to you folks first . If anyone ' s been following any of .this in the newspaper, I think
that it is very touchy for us to endorse anything at this point because what we ' re hearing is that the
reason they' re so interested in this price freeze is because they could really lower their prices
considerably if they chose to do that . I want to get your opinion , but I think I ' d just as soon stay out of
the loop of that . I don 't see the Town of Ithaca coming in and endorsing this at this point . What do
people think?
Councilman Niederkorn — Everything is moving so fast in that area . What you would endorse today
might be totally wrong tomarrow .
Councilman Klein — There' s lots of things going on now that we don 't know about .
Supervisor Valentino — John do you have any . . .
Attorney Barney — No , I ' m not that well versed in it .
Councilman Conely — Why would they want us to endorse it?
Supervisor Valentino — They' re asking all the different municipalities to endorse it . You know how
they are going to freeze the gas and electric rates for 5 years , something like that , they want us all to
get on board with that .
Councilwoman Russell — Actually it is seven years .
Attorney Barney — Is it electrical rates that they' re talking about freezing or is it the transportation . . . ?
Supervisor Valentino — They said rates in the literature .
Attorney Barney — NYSEG really now is just a transporter, aren 't they technically? You buy your
electricity and gas from other suppliers .
Supervisor Valentino — We could have the guy come a talk to us .
Councilman Conely — I don 't think we want to endorse anything at this point . We shouldn 't be doing
this on behalf of the citizens of the Town .
Letter from Eastside regarding Liquor License Renewal
E-mail from Kate Hackett regarding the County Aquifer Study
34
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
t n
eENDA ITEM NO . 22 -,Executive Session
motion by Supervisor Valentino, seconded by Councilwoman Russell, the Board moved into
cutive session at 8:45 p. m. for discussion of pending litigation.
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
On motion by Councilwoman Russell, seconded by Councilwoman Grigorov, the Board returned to
regular 'session at 9: 15 p. m.
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
No formal action was taken .
ADJOURNMENT
On motion by Councilman Conley, seconded by Councilwoman Grigorov, the meeting was adjourned
at 9: 15 p. m,
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye;
ouncilman Klein, aye; Councilman Conley, aye; Councilman Niederkorn, aye. Motion carried
unanimously.
Respectfully submitted ,
`�\ Lme a OL� Ao
Tee-Ann Hunter
Town Clerk
NEXT MEETING : Special Meeting August 10 , 2001 at 1 : 30 p . m .
Regular Meeting , September 10 , 2001 at 5 : 30 p . m .
35
APPROVED - APPROVED - APPROVED - SEPTEMBER 10, 2001 - APPROVED - APPROVED - APPROVED
36
TOWN OF IT ACA
TOWN BOARD
SIGWIN SHEET
DATE : August b , 2001
(PLEASE PRJ!'NT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
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AGENDA NCB . 7
ATTACHMENT . NO . 2
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD MEMBERS
FROM : SUSAN RITTER, ASSISTANT DIRECTOR OF PLANNING ,h .�
DATE : AUGUST 2 , 2001
RE: CA `.tUGA LAKE WATERSHED RESTORATION AND PROTECTION PLAN
In response to the Town Board ' s request , the Planning Department has completed its review and
provides the following summary and comments on the draft Cayuga Lake Watershed Restoration
and Protection Plan ,
The RPP, as the Cayuga Lake Watershed Restoration and Protection Plan is referred to in the
draft document , is an ambitious proposal for addressing water quality concerns within the
Cayuga Lake Watershed . Impetus for development of the RPP came from the prerequisite ,
mandated by funding sources (ie the 1996 Clean Water/Clean Air Bond Act) , that a watershed
plan be in place prior to any local municipalities receiving funding for water quality
improvement projects . The main components of the RPP are the prioritization of water quality
problems in the Cayuga Lake Watershed and the identification of solutions and
recommendations to address them. Tee Ann Hunter mailed out copies of the draft RPP to Town
Board members earlier this week, and members should refer to this document for specific
sections discussed below . In addition , a draft resolution regarding an -Intermunicipal Agreement
for the RPP was previously provided by the Intermunicipal Organization (I. O .) for the Board 's
consideration . This would involve " adoption " of the RPP prior to entering into the
Intermunicipal Agreement. Another copy is attached for the Board' s reference . Dave Zorn of
the Genesee Finger Lakes Regional Planning council is scheduled to make a presentation of the
RPP at the August 6`h Town Board meeting .
Overall , the RPP appears to provide an important and long needed strategy for addressing water
quality throughout the entire Cayuga Lake Watershed . The success of the plan , however, relies
largely on the coordination , collaboration , and partnerships of all the stakeholders in the
watershed to achieve the water quality goals and targets identified in the RPP. This means
active volunteer participation by the municipalities , counties , and various other organizations
from around the watershed . The RPP calls on municipalities and others to implement a number
of recommendations . While these are not binding, the recommendations do form the basis for
the achieving the goals outlined in the RPP, and are therefore central to the success of the plan .
If the Town chooses to become an active participant it will need to consider how to implement
these recommendations . Generally the goals and recommendations outlined in the RPP appear
to be consistent with initiatives and policies already undertaken , or are being considered, by the
Town of Ithaca . Many of the specific recommendations that fall under the jurisdiction of
municipalities have already been implemented by the Town of Ithaca.
1
To get an idea of the specific RPP recommendations that would be applicable to the Town of
Ithaca, Board members should focus attention on Section III of the RPP (page III- 1 ) , entitled
Strategies , Recommendations & Management Options . This section appears to form the core of
the RPP strategy for achieving water quality goals within the Cayuga Lake Watershed.
Identified in this section are 10 categories called "management options" , including 1 . Public
Participation , 2 . Coordination , Collaboration & Partnerships , 3 . Watershed Education ,
4. Agricultural Practices , 5 . Stormwater Management & Erosion Control , 6 . Wastewater Systems
Management , 7 . Hazardous Waste Management, 8 . Monitoring and Assessment, 9 . Wetland,
Shoreline & Riparian Corridor Management, 10 , Forestry and Silviculture Management.
Each "management option " includes a matrix listing recommendations or actions to be taken up
by one or more "potential organization responsible" . The letter M under the column "potential
organization responsible" means that the recommendation falls under the jurisdiction of a
municipality. As mentioned above, most of these recommendations appear consistent with the
Town of Ithaca policies . For instance, on page III- 14 of the matrix for management option
"Agricultural Practices" , items "D" under the first column (Dl — 133 ) each have an "M" in the
fourth column , so the municipality is considered the responsible organization . For D1 and D2 ,
"potential responsible organizations" also includes the SWCD (Soil Water Conservation
District) , NRCS (Natural Resource Conservation Service) , and C (Counties) . Item D1
recommends agricultural protection and preservation , D2 recommends encouraging alternative
agricultural uses of land , and D3 recommends zoning laws to allow additional business
enterprises on the farm, all policies that the Town is already implementing . On page III- 17 , the
matrix for Stormwater Management & Erosion Control , recommendation Al states "Require
new developments to maintain the volume of runoff at predevelopment levels by structural
controls and pollution prevention strategies" . This is a policy the Town supports , and the
Town ' s draft Stormwater Management Ordinance, currently under review by the Codes and
Ordinance Committee, would mandate . Board members should review the remaining matrices to
get an idea of other RPP recommendations that the Town would be looked to for support and
possible implementation . The fifth column in most of the matrices (column six in the
Coordination , Collaboration matrix) also includes an approximate cost for implementation of
each of the recommendations . In many cases , the municipal cost appear difficult to determine
because there may be a range of approaches available .
An additional column , entitled Measure/Targets , is only included in the matrix for management
option 2 "Coordination , Collaboration & Partnerships " (page III-3 ) , under column 5 , in the draft
RPP. However, the final version of the RPP will include measures/targets , with timelines, for
implementation of all the remaining 10 management options . When the plan is finalized, the
Town may want to examine these measures/targets and associated timelines for those
recommendations which fall under the jurisdiction of a municipality, and determine if the
measure/target and timeline is realistic for the Town of Ithaca.
So in summary, the RPP appears to be an ambitious and detailed plan to address water quality in
the Cayuga Lake Watershed . Its success will be dependent on the support and active
participation by all the stakeholders in the watershed . The goals outlined in the RPP appear
consistent with those of the Town of Ithaca to protect water quality, and many (but not all) of the
recommendations requiring implementation by the Town , have already been implemented or
2
initiatives are being, considered . The Town will need to examine the final RPP document , and
consider the implementation of the other recommendations , the costs involved , and the timelines
that have been set . At this point , however, we see no " red flags " that would preclude the Town
of Ithaca 's active participation in this program .
Several questions come to mind regarding the requested " adoption " of the RPP. First is timing.
Are we being asked to " adopt " a Draft RPP that has not been finalized yet ? It would seem more
appropriate to consider this after the RPP has been finalized . The Board might want to consider
sending the I . O . a letter indicating support of the Draft RPP. Second , in order to participate in
the Intermunicipal ,Agreement, the Town Board would need to " formally adopt " the RPP. The
term " adopt " can have legal ramifications . It might be appropriate for the Board to consider
officially "endorsing " the RPP in a resolution, after the RPP has been finalized, and then
modifying the wording in the draft Intermunicipal Agreement to reflect such endorsement. The
Board may want to discuss this approach with Dave Zorn and John Barney at the August 6`h
meeting.
3
At-i [ NUA NUm 19
Cayuga Lake Watershed
r ,
IN'TERMUNICIPAL ORGANIZ . . 9N
Intermunicipal cooperation promoting protection oft ,atershed
Cayuga County
Aurelius (T)
15 M ` ` '1;ay 200'x-=
^urora M 6 �. /
Cayuga (v) All Cayuga Lake Watershed Municipalities:
Fleming (T)
Genoa M In 1998, watershed municipalities were asked to become mer hers of the
Cayiga Lake Intermunicipal Organization. The stated purpose of the IO at
L.edyard (T) that time was to "recognize the interrelatedness of all activities within our
Scipio (T) watershed and to collaboratively and collectively work to address issues and
Springport M problems " The IO's charge was to develop a Restoration and Protection Plan
Summerhill (T) (RPl?) including the need to establish watershed priorities; approve an annual
Union Springs (v) work plan and budget; approve requests for funding and for endorsement of
Venice M projects consistent with the priorities; provide a forum for all municipalities
within the watershed to interact and exchange information; and review
technical and fiscal summary reports.
Seneca County
overt (T) Since that time, 32 municipalities have signed a Call For Cooperation and
Resolution to Endorse a Watershed Study for Cayuga Lake. As a result of
aye (T) demonstrated municipal commitment and dedication to protecting the area' s
t interlaken (v) greatest natural resource, the draft Cayuga Lake RPP has been completed and
Romulus (T) released for review and public comment. The final plan RPP will be released
Seneca Falls (T) in July 2001 .
Varick M
Once again, watershed municipalities are being called upon to take collective
action for the protection of our lake and watershed by agreeing to sign the
Tompkins County enclosed Intermunicipal Agreement Regarding the Cayuga Lake Restoration
Cayuga Heights M and :Protection Plan. By signing, your m
1~reeville M initiate membership in the unicipality agrees to continue or to
IO, work cooperatively in the decision—making
Dryden M process and share the leadership and ownership in continuing the planning
Groton (T) process and implementing the RPP.
' Ithaca (C) Municipalities that choose to participate in the IO will enjoy the benefit of IO
I thaca (T) endorsement when applying for state and federal grants to implement local
Lansing (v) projects and programs that support the goals of the RPP.
Lansing (T)
Ulysses (T)
-over-
1099 Poplar Ridge Rd • .Aurora, NY 13026 • Phone 315-3645707 • Fax 315-3645711 • E-mail ledyard@aubcom.com
15 May 2001
Cayuga Lake Watershed Municipalities
Page 2.
Please review the enclosed Intermunicipal Agreement and bring it before your
municipal board for approval as soon as possible. We would very much like to
include an updated IO membership list in the RPP when it is released in July. Please
contact Kathy Bertuch at 315-422-8276 and let her know as soon as your
municipality has signed the agreement so that she can prepare the member list for
publication.
Thank you for your support and willingness to participate.
Sincerely,
Sylvia Hurlbut
Town of Ledyard Supervisor
intermunicipal Agreement
Regarding
They Cayuga Lake Watershed Restoration and Protection Plan
THIS AGREEMEr1T, entered into by the Town/CityNillage of located in the
County of
a
WITNESSETH THAT:
WHEREAS, each of the parties to this agreement has formally adopted the Cayuga Lake Watershed Restoration
and Protection Plan, hereafter referred to as the Plan, which will provide for the long term protection of waters of
Cayuga Lake Watershed; and
WHEREAS, the parties of this agreement, desire to form and send representatives to an organization call the
Cayuga Lake Watershed Intermunicipal Organization, hereinafter referred to as the I0, that will administer and
oversee the continuation of the planning process and the implementation of the Plan; and
WHEREAS, the parties to this agreement desire to provide for the day to day coordination of the Plan; and
WHEREAS, the Council will have ultimate authority over all municipal contributions and the dispersal of those
funds; and
WHEREAS, under Article 5-G Section 119-o of the General Municipal Law of the State of New York,
municipalities have the authority to enter into intermunicipal agreements and jointly perform services regarding
subjects each separately has the power to perform; and
v
WHEREAS, this intermunicipal agreement is voluntary and will not be construed so as to interfere with or diminish
any municipal powers, authority, or regulatory authority of any of the participating municipalities.
NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties to this agreement
do hereby agree as follows:
FIRST: This agreement superseeds all previous IO Cooperative Agreements
SECOND: The participating municipalities will work together cooperatively in the decision-making process and
share the leadership and ownership in continuing the planning process and im lementing the Plan.
THIRD: Employees oir contractors hired for the performance of the work under the Plan will be hired with no
discrimination by reason of race, creed, color, sex, age, physical disability, or national origin.
FOURTH: The participating municipalities will provide the necessary funding based on a formula attached in
Addendum "A" to assist in continuing the planning process and implement the Plan.
FIFTH: If the IO should cease to exist the funds still available will be returned to the parties to this agreement under
the same formula originally gained.
SIXTH: Through the continuation of the planning process and the implemeAt&on of the Plan the various benefits
conveyed by Cayuga Lake and its watershed will be maintained or enhanced.
SEVENTH: That any party to this agreement may terminate its participation within the IO at any time but must do
so by notifying within thirty (30) days all other parties in writing of the determination, reasons for the termination,
and the effective date thereof. Withdrawal from the agreement by one party shall not operate to terminate the
agreement, which shall continue in full force and effect with respect to all other parties.
EIGHTH: That the Bylaws of the IO may only be modified upon the consent of the 101 l
a
NINTH: This agreement shall be for a one-year period commencing on the date of signature.
TENTH: This agreement authorizes the IO to enter into contracts within the limits of, and subject to, the
appropriations provided by the participating municipalities and other available secured funding sources.
ELEVENTH: If any term or provision of this agreement or the application thereof shall, to any extent, be
invalidated or unenforceable, the remainder of this agreement or the application of such term or provision, other than
those to which it is held invalid or unenforceable, shall be unaffected thereby, and each term and provision of the
agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the following parties through their Chief Elected Officials have executed this
agreement.
MUNICIPALITY
DATE: County/Town/CityNillage of
BY:
Signature
Typed Name
Title
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ATTACHMENT N0 . 3
Joseph. lorin,c�r
20 Fore4t }f ome circle
Ithaca/ , 14850 AUG - 6 2001
272 - 8147
Mk vatQ,vUl4eto; ATTEST
•
ITHAC TA OWN CLERK
ThavE7►v yoyw for the opport tzrpresevr th4peti t'1.0 to
u nfvrtrutiatety the Za�t burr � O%n� near Game �=arnv RoauL a�
varnw lecwe% at 6 :50 P. Ift
Please pre*evtt dli* pWAt&vvto- the board. Alll g"a t we* are.
vaU& a ii are available to- be caUe& or contacte& for
Many wain Uk,& to:
W& aom not a Wl horw m eml y a4Aty Ma4ucre
8wide* th& na4ty anpact� of ha Cngeth& wuvn &
orvthepatN there f& the 4*ue o f fa4&nzft. VoW ownerk are
rega4v& llor rearwvetheir d*roppuWw Thhere lk a group o f OU14W
UUi4oe* thCZaoC4WL Y help keep ,; dea4Vof dw4e* drlspp
to- re4niwW: peoplethat they ary requ yr & to- remove the
droppings: ThLk i at Ua4t appt y to` the- horses: Mey
show at the lea4t be regau v&ttr wean- diaperk
Theyvthewel awe the- adde& Lw4e* of ad de& rLsk' a4i& 4,atnUty
of !*44"y d"& tz)- theprewwnceof th& horwka4A&dwf maeture%
Wh & theAe- prwaxP/ bu*41e4k WnCerk moay► &e4lthey cavvaff*rdl
horses-, thF� pubUc/ sh*u L not tom.forced. to- endure- t3& price. a*A&
a ffeCtk of a OU)e& !+V W9M4UftV0 the- horsed a Ui/theur impact
' t o f theorvthe heck , evwir� aMdyQyneh
p
Pleas& take note of ouw eovw ' ccrn cemc the. spread%'
of the m a vucre du,e to- people a ui/ a*u,ma4 be4it subjected- to- it,
the- rim of disease a t& the adde& f ies. a#,& vermity .
Add%ttonaVy the pathv parttcu,&w y betwee v qa me Farms a ot&
Made roa& (* a bi& deazn area, Raw ff ory m *u *v i&
banf l*i& l"ced1 aitvwthe strea rT w a acreek,
T luwk you. oseph. L '
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We the undersigned petition the Town of Ithaca to pass a resolution
prohibiting the use of Horses on the nature trails going from Mitchell to
Honness and from Maple to game farm road,
The use of tiheses trails by Cornell and the privately owned equestrian center
create a serious health and safety issue, due to deposited horse manure, as
well as prohibiting the enjoyment and use of the trails.
Theses issue. arise due to the fact of numerous piles of Horse Manure from
the animals that are left on the trail. Since the equestrian center does not
feel they should remove it but merely kick it to the side it also has a serious
environmental impact.
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We the undersigned. petition the Town of Ithaca to pass a resolution
prohibiting the use of Horses on the nature trails going from Mitchell to
Honness an d from Maple to game farm road,
The use of theses trails by Cornell and the privately owned equestrian center
create a serious health and safety issue, due to deposited horse manure, as
well as prohibiting the enjoyment and use of the trails.
Theses issue arise due to the fact of numerous piles of Horse Manure from
the animals that are left on the trail. Since the equestrian center does not
feel they should remove it but merely kick it to the side it also has a serious
environmental impact.
CA
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ATTACHMENT N0 . 4
e of Lansing N of 12%
ca TOWN OF ITHACA a
6 YEAR 2001 F a
ELECTION DISTRICT MAP 19: 21
RY
R STOPHER LA YO
ADOPTED
August 6 , 2001
_%- POLLING PLACES
s TD-1 WEST HILL FIRE STATION , 1242 Trumansburg Rd,
TD-2 VETERAN VOLUNTEER FIREMANS ASSOCIATION , INC, 638 Elmira Rd .
TD-3 SOUTH HILL FIRE STATION , 965 Danby Rd.
TD-4 REIS TENNIS CENTER @ CORNELL UNIVERSITY, 230 Pine Tree Rd .
TD-5 HASBROUCK APTS . COMMUNITY CENTER, 121 Pleasant Grove Rd.
TD-6 B. O. C . E . S. , 555 Warren Rd.
TD-7 CAYUGA HEIGHTS FIRE HALL, 194 Pleasant Grove Rd .
TD-8 CAYUGA HEIGHTS FIRE HALL, 194 Pleasant Grove Rd .
TD-9 BOYTON MIDDLE SCHOOL, 1601 North Cayuga St.
too
TD-10 SOUTH HILL FIRE STATION , 965 Danby Rd .
TD- 11 REIS TENNIS CENTER @ CORNELL UNIVERSITY, 230 Pine Tree Rd .
TD- 12 MAPLEWOOD COMMUNITY CENTER, 201 Maple Ave.
TD-13 HOSPICARE, 172 East King Rd .
E AVE'
t
a . Polling
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TD = Town District
• m ' , •,
Iv n STATE OF NEW YORK)
� ,; . �eP : •F;•, • 09 SD COUNTY OF TOMPKINS) SS .
a - p qti• TOWN OF ITHACA)
'.• ,,: � ,;; • ; ,• , ?ire c go 0
I , Tee Ann Hunter, Town Clerk of the Town of Ithaca, New York, do hereby
f : certify that the attached Election District Map is a true and exact copy of the boundaries
";:; :�•':• s<� • and locations of the Town of Ithaca Districts and of Polling Places as duly adopted by
• .` the Town Board of said Town of Ithaca at the regular Town Board meeting held on the
6th day of August 2001 , and that the same is a complete copy of the whole of such
T �eR• Election District Map.
z o,
' A IN WITNESS WHEREOF , I have here unto set my hand and the Corporate
• seal of the Town of Ithaca , New York this 7th day of August 2001 .
--------SEAL- -----
Tee Ann Hunter
Town Cle To o�lthaca
Dated : p``
b '
NOTE:
Tompkins County Election District # 1 contains Town Election District 1 .
° = Tompkins County Election District # 3 contains Town Election District 12.
� `. Tompkins County Election District # 5 contains Town Election District 9.
Tompkins County Election District # 7 contains Town Election District 13.
Tompkins County Election District #10 contains Town Election Districts 7 and 8.
Tompkins County Election District #11 contains Town Election Districts 4, 5, 6 and 11 .
Tompkins County Election District #12 contains Town Election Districts 2, 3 and 10.
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Town of Ulysses
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ATTACHMENT N0 . 5
July 11 , 2001
Ithaca Town Hall
215 North Tioga Street
Ithaca, NY 14.851
Attn: Ms. Tee' Ann Hunter
Town Clerk
Re: Ithaca Town Hall
Acousttical Wall Panels
Dear Ms . Hunker:
Please be adviised we will offer a Quote in the amount of $4,615.00 for furnishing and
installing Acoustical Wall Panels at the Ithaca Town Offices and the Court Room. All in
accordance with our conversation and sketch of Court Room and Office Area. If there are
any questions, ,please feel free to call. Following is a breakdown:
Court /Room
CaPaul Solutions 6001 " with 1/8" Tack Surface
Fabric_ Gurford of Maine Gimlet #6505
3 ea 410"x490" 48 sf
3 ea 5 ' 0"A ' 0" 60 sf
3 ea 6 ' 0"x490" 72 sf
180 sf @ 16.75 sf 30015 .00
Off ce �4r_ea
CaPaul Solutions 600 1 "' with 1/8" Tack Surface
Fabric : Guilford FR701-2100 Standard Colors
1 ea 1 '19,x10' 0" 15 sf
1 ea 210"x3 ' 0" 6 sf
1 ea 2 ' 6"x6' 077 15 sf
4 ea 4 ' 0"x4' 0" 64 sf
Optlonarl Office Panels 100 sf @ 16.00 sf 19600.00
Same Wall Panels as Office Area
6 ea 3 ' 0"x410" 72 sf @ 16.00 sf 1 , 152 .00
Very truly your;,
John; G Lowery, Ina
Travis McIntosh.
Project Manager
TM/tw
Co file
JUL . 30 . 2001 4 : 16PM JOHN Co LOWERY INC . NO , 872 P . 2/3
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Agenda # 14
DAVID L. RICHARDS
1058 Danby Road ATTACHMENT NO . 6
Ithaca, NY 14850
VIA CERTIFIED► MAIL
July 30, 2001 �1
JUL 3 1 2001
Andrew Frost, Director of Building & Zoning
Town of Ithaca TOWN OF ITHACA
215 North Tioga Street BUILDING /ZONING
Ithaca, NY 14850
Re : 1047- 1053 Danby Road (" Solar Apartments")
Dear Mr. Frost :
Pursuant to our recent telephone conference, I am forwarding copies of records from the
Tompkins County Sheriff' s office that relate to the persistent violations of the Town ' s Noise
Ordinance by the tenants and owner of the units at 1047- 1053 Danby Road, the so-called "Solar
Apartments," which are under the ownership and control of Evan Monkemeyer . I would greatly
appreciate it if you and other relevant agents of the Township could please take any and all
available measures to assist me and my neighbors in securing the quiet enjoyment of our own
homes . In particular, I hereby request that you penalize both (i) the relevant tenants of the subject
property under Article IV, § 2 of the Town Noise Ordinance ; ' and the owner of the subject
property under Article IV, § 3 ;2 for the past violations and for each and every future violation .
As I have previously informed Mr. Monkemeyer, in clear violation of the Noise Ordinance, his
tenants at the subject property have frequent, loud parties/gatherings in late evening and early
morning which make it impossible for me or my guests to sleep. I would estimate that these
violations have occurred on at least 40 separate nights during the period from August 2000 to
present. During these apparently drunken late-night gatherings, in addition to group chanting,
shouts of obscenities, and other unreasonable noise , Mr. Monkemeyer ' s tenants and/or their
guests have left or thrown . broken beer bottles on my front yard, which lies directly across the
street. On at least two occasions this Spring during the midst of these late night parties, there have
been 3 -4 young inen lined up in a row urinating on the lawn of the subject property only a few
feet from the roadway and directly across the road and in direct view from my property .
Moreover, by forwarding a copy of this letter to Mr. Monkemeyer, I am putting hire on notice of
the very real , but as-yet unconfirmed , possibility that his tenants have been serving alcohol to
' Penal
Any person who shall violate the provisions of this Ordinance shall be punishable as follows :
For the first violation the violator shall be subject to a fine of up to Two Hundred Fifty Dollars ($250 .00) or
imprisonment not to exceed fifteen ( 15) days, or both . In the event a person is found to be violating this
Ordinance more than once within any five year period, a violator shall be subject to a fine of up to $500 . 00 or
imprisonment not to exceed thirty (30) days, or both . With respect to continuous emissions of sound, each day
of such emission shall constitute a separate violation .
Z Owner Liable .
The owner of any real property . . . from which sounds prohibited by this Ordinance emanate shall be guilty
of a violation of this Ordinance, whether or not such owner was on the premises or occupied the premises when
the proscribed sounds emanated from same .
minors and/or ' to youthful guests who are already clearly intoxicated—inappropriate and
potentially unlawful conduct which, if confirmed , could lead to the tragic motor-vehicle or other
injury or death of an invitee , neighbor, or passing motorist.
When I was first subjected to these violations in August, 2000, I spoke with self-identified tenants
at the subject property on three separate occasions, but was met with an increasingly hostile
reception with 'no resulting reduction in the nature or frequency of the violations . Thereafter, in
early Fall of last year, I spoke with Mr. Monkemeyer at length about these violations, once in
person and twice by telephone, requesting that he take whatever action was necessary to bring the
operation of his property within lawful limits . Despite these attempts to resolve this matter with
Mr. Monkemeyer and his tenants, the frequent noise violations have continued .
After permitting the owner and his tenants two months to remedy this problem , I began to request
assistance from the Sheriff' s Department. Since October of last year, I have asked the Sheriff to
respond to noise violations at the subject property on approximately 12 separate occasions . I have
attached a copy of those records related to noise violations at the subject property which the
Sheriff' s Department has so far been able to locate . These records relate to noise violations on
April 10, April 16, May 20, and May 21 , 2001 . You will note from the April 16 report relating to
a complaint by; Ms . Gebell at 12 : 51 a . m . on April 16, 2001 , that I am not the only resident who
has had to resort to phoning the Sheriff in the middle of the night to request assistance in handling
this problem .
Pursuant to my discussions with members of the Sheriff' s Department and the Ithaca College
Office of Campus Safety, it appears that because the subject property has not been marked with
clearly visible I address and unit numbers , records relating to additional complaints about the
subject property have never been properly filed or simply cannot be located . Although I now
understand the method for ensuring that all future complaints will be properly recorded to
document additional violations, I recommend that the Town take any authorized action to
encourage the owner to properly mark the subject property to permit law enforcement and other
public safety officials to properly respond to and keep records with regard to the various units and
tenants at this property .
Please let me know if I can provide you with any additional information .
_ Sinc ely,
David L. Richards
Encs .
cc : Evan N . Monkemeyer (w/encs . via certified mail )
to Run- 04 / 08 / 2001 TOMPKINS COUNTY EMERGENCY DISP Page
me Run 06 : 28 : 07 Incident Dispatch Detail Report ID - IMP31
RD # : SD 01 - 2990
DISPATCH INFORMATION DISPOSITION INFORMATION
Location MONAGHAN , MELISSA Ucr Code Description
1047 Danby Road 1 3004 Noise
Beat / Subeat Source Priority Shift
/ TCSD PHO NORMAL Service Description
Code / Description Code
3004 Noise 41 Completed - Incident repo
Noise LOUD PARTY - SOUNDS LIRE FRAT C rt written
0 WANTS TO BE INTERVIEWED
Dispo Star : 1228 PALLACE
Caller • RICHARDS , DAVID Remarks Continued Area
1058 DANBY ( 607 ) 272 - 1831
Dispatch Assignment Area
Dispatch Code : D
Disp : 04 / 10 23 : 39 : 16 Enrt : 04 / 10 23 : 40 : 58
Onsc : 04 / 10 23 : 50 : 47 Comp : 04 / 11 00 : 45 : 22
oic :
t1of
re w1 Received '.rue 04 / 10 / 2001 22 : 36 : 115594 ROMAN , SCOTT
1 Dispatched Tue 04 / 10 / 2001 23 : 39 : 165586 Buck , Adam
Incident Dispatch Blo^k Listing
Unit Stars Dispatch Time En - Route Time On - Scene Time
328S 1228 04 / 10 / 01 23 : 39 : 16 04 / 10 / 01 23 : 40 : 58 04 / 10 / 01 23 : 50 : 47 04
PALLACE
328S 1228 04 / 11 / 01 00 : 44 : 56 0
PALLACE
i
i
-Date Run 04 / 16 / 2000 Tompkins County Emergency Disp Page 1
Time Run 02 : 19 : 59 Incident Dispatch Detail Report 1) - INIMI
RD # : SD 00 - 2940
I
DISPATCH INFORMATION DISPOSITION. INFORMATION
i
Location GEBBLL , IBLAINE Ucr Code Description
1048 Danby . Road 3004 Noise
Beat / Subeat Source Priority Shift
/ NORMAL Service Description
Code / Description Code
3004 Noise 14 Referred to other Agency
Noise SOLAR APTSILOUD MUSIC
Dispo Star : 1244 BARTON
Caller : ELAINE GEBBLL Remarks Continued
( ) 272 - 8241 ! t/
Dispatch Assignment Area
Dispatch Code : D
Disp : 04 / 16 00 : 51 : 12 Enrt : 04 / 16 00 : 54 : 47 J '
Onsc : 04 / 16 00 : 54 : 47 Comp : 04 / 16 01 : 04 : 20 f
TOT 3C16 '
Call Received Sun 04 / 16 / 2000 00 : 51 : 121244 BARTON , CAROL
Call Dispatched Sun 04 / 16 / 2000 00 : 51 : 121244 BARTON , CAROL
Incident Dispatch Block Listing
Unit Stars Dispatch Time En - Route Time On - Scene Time
328S 1214 04 / 16 / 00 00 : 51 : 12 04 / 16 / 00 00 : 54 : 47 04
LANSING
lG ° �
i
Date Run 05/ 21 / 2001 TOMPKINS COUNTY EMERGENCY DISP Page
me Run 06 : 23 : 15 Incident Dispatch Detail Report ID - IMP31
RD # : SD 01 - 4156
DISPATCH INFORMATION DISPOSITION INFORMATION
Location RICHARDS , DAVID L Ucr Code Description
1058 Danby Road 3004 Noise
Beat / Subeat Source Priority Shift 1.
/ TCSD PH:O Service Description
Code / Description Code
3004 Noise 41 Completed - Incident repo
Noise LOUD PARTY ACROSS THE ROAD CO W rt written
ANTS TO BE INTERVIEWED BY DEPUTY AND FI
LE FORMAL COMPLAINT Dispo Star : 1228 PALLACE
Caller : RICHARDS , DAVID Remarks Continued Area
( 607 ) 272 - 1831
Dispatch Assignment Area
Dispatch Code : D i
Disp : 05 / 21 00 : 43 : 47 Enrt : 05 / 21 00 : 44 : 09
Onsc : 05 / 21 00 : 56 : 39 Comp : 05 / 21 02 : 42 : 03 j
oic :
# of
t l w
Received Mon 05 / 21 / 2001 00 : 43 : 475595 BARTON , CAROL
Dispatched Mon 05 / 21 / 2001 00 : 43 : 475595 BARTON , CAROL
Incident Dispatch Block Listing
Unit Stars Dispatch Time En - Route Time On - Scene Time C
328S 1228 05 / 21 / 01 00 : 43 : 47 05 / 21 / 01 00 : 44 : 09 05 / 21 / 01 00 : 56 : 39 05 /
PALLACE
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GENERA = REPORT TOMPKINS COUNTY SHERIFF'S DEPARTMENT
FORM TCSD-t (REV OV99) PAGE 1
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TCSD � . _ - -o
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STATE OF NEW1YORK COUNTY OF TOMPKINS
TOWN COURT TOWN OF � C .
CASE© }
' C9 G g
THE PEOPLE OF THE STATE OF NEW YORK
jVS ACCUSATORY
� � �! ��f �� n e• 5 INSTRUMENT
� IZZI
A C C U S A T I O N
BE IT KNOWN THAT , by this Accusatory Ins ent , I�c� vl
1-- ' 1� O t
as the Complainant herein , accuses �� � �,
the above named Defendant . with having committed the offense
DISORDERLY CONDUCT
in violationlof the Section 240 . 20 Subdivision of the Penal Law
of the StatelOf New York , a violation .
A C T S
On or about the t't7day .. of p 3 C4 �! Q � . the said defendant
did . in the of
� �-Isl \d7� CACSv.QCounty of Tompkins , New York , wit
intent to cause public inconvenience , annoyance or alarm , or recklessl
creating a risk thereof :
( l 1 . He engages in fighting or in violent , tumultuous or threatening
behavior ; or
Q() 2 . He makes unreasonable noise ; or
l ) 4 . Without lawful authority , he disrupts any lawful assembly or mee a
of persons ; or
( ) . 5 . He obstructs vehicular or pedrestrian traffic ; or
( ) 6 . He congregates with other persons in a public place and refuses to
comply with a lawful order of the pol :sce to disperse , or
( ) 7 . He creates a hazardous or physically offensive condition by any act
which serves no le itimate purpose
TO WIT : � '� �i'C7 Z C9 C'7
NY
U � � c� � e� K-N�lc&
The above allegations of fact are made by the Complainant herein :
(/'<%�Q upon direct knowledge
( ) upon information and belief , with the sources of Complainant ' s
information and the grounds for his belief being
( ) WHEREFORE , Complainant prays that a warrant be i 7 ued or the arres ,
of the said defendant , /
R /
N O T I C .
( Penal Law , Section 210 . 45 )
IT IS A CRIME , PUNISHABLE AS A CLASS " A " MISDEMEANOR UNDER THE LAWAOF
STATE OF NEW YORK , FOR A PERSON IN AND SY A WRITTEN INSTRUMENT , TO
KNOWINGLY MAKE A FALSE STATEMENT , OR TO MAKE A STATEMENT WHICH SUCH PERSON
noF .q wr" R RT . ,j imir ` nv% n v mn rro
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STATE OF NEW YORK COUNTY OF TOMPKINS
TOWN COURT TOWN OF CASE
I - }'
THE PEOPLE OF THE STATE OF NEW YORK
- VS - ACCUSATORY
t7 , \ 5L^ 17 INSTRUMENT
A C C U S A T I O� N
BE IT KNOWN THAT , by this Accusatory Instrument , V rd 14VbP1�,� rza ra
as the Complainant herein , accuses �� � .� e `
d ) y c� qcs r�
the above named Defendant . with having committed the offense of
DISORDERLY CONDUCT
in violation of the Section 240 . 20 Subdivision c of the Penal Law
of the State 01: New York , a violation .
/� F C T S
On or about e � U ) `� day f � � y �j C ( the said defendant
did . in the �,W �7 of V ��C C %4 County of Tompkins . New York , wit
intent to cause public inconvenience , annoyance or alarm , or recklessl
creating a risk thereof :
( ) 1 . He engages in fighting or in violent , tumultuous or threatening
behavior ; or
(A 2 . He makes unreasonable noise ; or
( ) 4 . Without lawful authority , he disrupts any lawful assembly or meeting
of persons : or
( ) 5 . He obstructs vehicular or pedrestrian traffic ; or
t ) 6 . He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse : or
( ) 7 . He creates a hazardous or physically offensive condition by any act
which seryfs no 1 gitimate purpos�
e . /
TO WIT : �� :. `n � C� C� � C9 /
5 1Z
The above allegations of fact are made by the Complainant herein :
(/' ), upon direct knowledge
( ) upon information and belief , with the sources of Complainant ' s
information and the grounds for his belief being
( ) WHEREFORE , Complainant prays that a warrant be issue for the arres
of the said defendant .
R
N O T I C
( Penal Law , Section 210 . 45 )
IT . IS A CRIME , PUNISHABLE AS A CLASS " A " MISDEMEANOR UNDER THE LAWS OF THE
STATE OF NEW YORK , FOR A PERSON IN AND BY A WRITTEN INSTRUMENT , TO
KNOWINGLY MAKE A. FALSE STATEMENT , OR TO MAKE A STATEMENT WHICH SUCH PERSON
STATE OF NEW YORK : COUNTY OF TOMPKINS
TOWN COURT TOWN OF CASE,3
THE PEOPLE OF THE STATE OF NEW YORK
' VS - ACCUSATORY
A �f") � �' e�� S ,pC� � 'Ics •q ,� � S- INSTRUMENT
ACCUSATION \
BE IT KNOWN THAT . by this Accusatory Instrument , \I 1 Vc
as the Complainant herein , accuses � Ce, y�j ii � Z>
the above named Defendant . with having committed the offense of
DISORDERLY CONDUCT
in violation of the Section 240 . 20 , Subdivision of the Penal Law
of the State Of New York , a violation .
F A C T S
On or about the day of M my 00) C1 I the said defendant
did . in the � W . or Q,C County of Tompkins ,, N w
York , witt
intent to cause public inconvenience , annovance or alarm , or recklesslN
creating a risk thereof :
( ) 1 . He engages in fighting or in violent , tumultuous or threatening
behavior ; or
QQ 2 . He makes unreasonable noise , or
( ) 4 . Without lawful authority , he disrupts any lawful assembly or mee
of persons , or
( ) 5 . He obstructs vehicular or pedrestrian traffic : or
( ) 6 . He congregates with other persons in a public place and refuses/ to
comply with a lawful order of the police to disperse : or
( ) 7 . He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose . 1
TO WIT : � � � � :n � m n �- �4 �cz�
The above allegations of fact are made by the Complainant herein :
(?U'5 upon direct knowledge
( ) upon information and belief , with the sources of Complainant ' s
information and the grounds for his belie being
( ) WHEREFORE . Complainant prays that warrant b 2ssue7Zhe arrest
of the said defendant . ,
x
N O T I C E
( Penal Law , Section 210 . 45 )
IT IS A CRIME , PUNISHABLE AS A CLASS " A " MISDEMEANOR UNDER THE LAWS JOF
STATE OF NEWIYORK , FOR A PERSON IN AND BY A WRITTEN INSTRUMENT , TO
KNOWINGLY MAKE A FALSE STATEMENT , OR TO MAKE A STATEMENT WHICH SUCH PERSON
nOF. S NOT RF. T . TRVF Tr) RR frvrrw
_��� �w�rtT 7Nl�■!P3 APPEARANCE TICKET
t ►Kw tou 14M 33014
T>k . . C. P. L 150.10
lrffr �. YOU ARE MMM NOMFIM M APPEAR PEPA O "LLy aj THE
Too" �• - COURT _� • .� CPjc C'n
i or. �- s.
c A c -
PRE - AR AlQN►AE _---- -- TO ANSWER A OF �
d
PRE'ARRAOGNMENT BAIL 8 FIXED IN THE FOLLOWWG OFFENSE V
AST RECUT WHEREOF COMMIT 1 Ep W CIT1r -
OF IS HEREBY ACKNOWLEDGED AND THE F►EFISON AR
RESTED HEREIN IS . NI=lN Y�iI( W
RELI !,CUSTODY TO APPEAR /�S.F(EREIN DIRECTED. Till I
I I Y OF T C7
IIIIIINIP
IN VIOUITION OF SECTION
AUIWCWMD � W
OF 17� V
ISSLIED E OF THE STATE Otr
'1&9W YORK, J
THIS DAY of - (� g
LM" roues OAKUM To AREAp AS NEREN T1E aAr 1'OBTID wat sE
NOTICE: S T NTI ,►T,�,, Na
UPON YOUR FAILURE TO APP
I � EAR AS ABOVE DIRECTED, A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAYBE ISSUED,
kkom the antoe b apprr thw wla Ow � PwkktO you MWW wd� aQportfnp dD�on w11hm thkty dsr.
aPO�arKw kkK Do you nnrn . .,....,..�_ � _ —
"A" NW YOU 1 � APPEARANCE TICKET
�: Co P L 150910 33010
You ARE Y ►+oT1F1ED ,o APPEK, PEft OMALLY IN THE
C ` COURT 1 - �
CA
C_ C
------------ PRE - Rp NME_NTiRAII ---- O ANSWER A E OF T
PRIE'ARRAKIIMAEHT BAIL 18 FD(ED INN THE FOlI a
COMANRTED IN CITY AN OFFE/�SE V
WHEREOF E OF ,
Y A AND THE PER" ARRESTED HEREIN IS 11Ay .
FROM CL TO APPEAR AS HEREIN DIRECTED. ON Y OF . . NEW YORK
W
AT C
IN VIOLATIOW OF SECTIOW
OF THE ION w
LAW OF THE STATE OF fvW YORK„ -I
AUTHORM ISSUED THIS , . ft. "DAY OF
RAIL
u.o.r roues rAaLM m APPW1 ML �
Poor® M i W OFFICER'S sKiNATt/pE
DM TION NO.
OT - UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED, A CRIMINAL SUMMONS
YQU w Wifted MYONS OR A WARRANT FOR YOUR ARREST MAY 8E ISSUED,
Ron, eIr d.�. yoeD `d b � �� you dipoa1uon wAhr, nMrty dye
"Am7zom couNty Mown 0l�A
M A,C,, &W V,WK 14M APPEARANCE TICKET
,o- NAM C. P11 L 150910 33015
. YM ARE Icy N0TFVZ TO APPEAR PERSONAUy IN THE
Lek _COURT -' C
------ ON
---------- ----------
--- -- T M }
PRE - ARRAUNNELNIflAIL TO ANSWER A CHARGE OF
PRE-ARRAIGNMENT BAIL IS FIXED IN THE FOLLOWING Q11' . AN OFFENSE }
'F-IPT WHEREOF COMMITTED IN CRY Op _ Z
IS HEREBY ACKNOWLEDGED AND PERSM ARRESTED HEREfN IS NEW YORK 0
LEA8FiiOM.CU$iOGY TO APPEAR AS HEREIN DWECTED. _ ON THE Y OF" T
IN VK)LA OF vi
OF THE LAW OF THE-STATE OF NEW YOii1C. Q
oRl 1SSt1ED Tii13 DAY OF. _ d
DEPT. a
nAwc
urow raw sAaunc
OIIEf.'TF� T►E !AL p'DST® wat eE POi1F0'iED. OFFICER'S SKMATURE T10N No.
H
• DISPOSiTWN•
UPON YOUR FAIL1tRE TO' APPEAR AS ABOVE DIRECTED. A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAY BE ISSUED.
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TOWN CLERK ' S MONTHLY REPORT
JULY , 2001
PAGE 2 ATTACHMENT N0 . 8
USE PERMITS
OPERATING PERMITS
1 FIRE SAFETY INSPECTIONS 75 . 00
SIGN PERMITS
2 ZBA AREA & USE VARIANCES 160 . 00
ZBA ADDITIONAL MTG . FEE
ZBA SPECIAL APPROVALS
ZONING SIGN APPROVALS
B2110 TOTAL B2110 21717 . 50
SUBDV . REV . INITIAL APL .
SUBDV , REV . PRELIM . PLAT
SUBDV . REV . FINAL PLAT
SBDV . REV , PLAN REAFFIRM
SITE PLAN INIT . APL . FEE
1 SITE PLAN PRELIM . PLAN 100000
1 SITE PLAN FINAL PLAN 100000
ADD . MTG . FEE AGENDA PRO
ASS . MTG , FEE P . H . PROCE
B2115 TOTAL B2115 200400
SUBDIV . REV . INSPECTION
SITE PLAN REV . INSPECTIN
SUBDV , PRELM . REV , DEPOS
SUBDV . FIN . REV . FEE DEP
SITE PLAN PREL . FEE DEPO
SITE PLAN ' FIN . FEE DEPOS
BP615 TOTAL BP615
Paid to Supervisor for General Fund 882966
Paid to Supervisor for Part Town 21917 . 50
Paid to NYS DEC for 2001 Sporting Licenses 51 . 00
Paid to County Treasurer for Dog Licenses 93 . 15
Paid to Ag & Markets for Dog Licenses 12 . 00
Paid to NYS Health Department for Marriage Licenses 78 . 75
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Bingo Licenses
Total Disbursements 41035606
JULY 31 , 2001 L4/C � V c T , SUPERVISOR
STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA
TEE -ANN NUHTEB , being duly sworn , says that she is the Clerk of the TOWN OF ITNACA
hat the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated ,
xcepting only such Fees the application and payment of which are otherwise provided for by law ,
Subscribed and sworn to before me this
CARRIE WHITMORE Town Clerk
day of C; Notary Public, State of New York
No. 01 WH6052877
Tioga County
1� � ► , ;Commission Expires December 26.�
i
TOWN . CLERK ' S MONTHLY REPOEZT
TOWN OF ITHACA , NEW YORK JULY , 2001
,0 THE SUPERVISOR : PAGE 1
I
Pursuant to Section 21 , Subd 11 of the Town Law , I hereby make the following statement of all fees and moneys 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 ;
2000 SPORTING LICENSES
2001 SPORTING LICENSES 3 . 00
7 MARRIAGE LICENSES NO . 01042 TO 01048 61 . 25
AGRICULTURE REPORT
COPY AERIAL PHOTOS
9 MSC . COPIES 47 . 95
COMPREHENSIVE PLAN
ENVIRONMENTAL REVIEW
4 MARRIAGE TRANSCRIPT 40 . 00
2 NOISE ORDINANCE 2 . 00
RETURNED CHECK — CLERK
RETURNED CHECK — TAXES
1 RjETURNED CHECK — W& S 15 . 00
OPEN SPACE REPORT 1984
OPEN SPACE REPORT 1997
POSTAGE
SIGN ORDINANCE
SIX MILE CREEK REPORT
SUBDIVISION REGULATIONS
12 TAX SEARCH 60 . 00
1 USE OF PARKS & BLDG 50 . 00
WETLAND GUIDELINES
WATER & SEWER SEARCH
1 ZONING MAP 3 . 50
3 ZONING ORDINANCE 25 . 50
A1255 TOTAL TOWN CLERK FEES 308 . 20
A1555 70 DOG ENUMERATION 70000
i
A1556 1 SPCA CONTRACT 313 . 35
A1557 1 SPCA IMPOUND FEES 30900
A2389 VOTING MACHINE FEE
A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
2 BINGO FEES 21 . 11
A2540 TOTAL A2540 21 . 11
A2544 70 DOG LICENSES 140 . 00
A2701 REFUND PRIOR YEAR EXPENS
i
19 BUILDING PERMIT 1 , 762 . 50
1 BUILDING PERMIT EXTENSIN 25 . 00
1 FOUNDATION PERMITS 50 . 00
CERTIFICATE OF OCCUPANCY
2 TEMP . CERT , OF OCCUPANCY 645 . 00
it
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Agenda Item # �� b
Town of Ithaca Town Board, August 6, 2001
Highway Department Report
For July 2001
Parks and Trails
Iacovelli Park : lacovelli Park final grading, top soiling, and seeding has been
completed . We will be constructing the 10' x 10' picnic shelter the week of August 6,
2001 . The .basketball court is ready to be paved and the goal post installed . Plant
material for the bank below the play structure has been purchased .
Miscellaneous : One summer youth worker started working in the park and trail
maintenance crew on July 16 . Our participation is through the Tompkins County
Community Action Summer Employment Program. He works 24 hours per week
through August 6 . There is no cost to the Town for this program.
Play Structures : All existing play structure with bark mulch bases have been re-
surfaced using the fiber wood fibar mulch like we used at the new lacovelli Play
structure . This material meets ADA and the Consumer Product Safety Commission
Standards for accessibility and fall protection .
Roads
Cayuga Street : We have paved Cayuga Street North out by Boyton Middle School . To
complete this project we need to strip the street . We have made arrangements with the
City of Ithaca to stripe Cayuga Street when they do the City portion of Cayuga Street.
Elm Street Ext. : We have completed the storm water underground piping on Elm
Street Ext . and are working on the storm water underground piping on West Haven
Road . The landscape restoration on Elm Street Ext. has also been completed . The
erosion problems we have been experiencing on Elm Street Ext. have been eliminated .
This is one more area that will help improve the sedimentation problems of our water
ways .
Surface Treating: The roads have been prepared and we will start on August 6, 2001 .
We will be surface treating Poole Road, Stone Quarry Road, Glenside Road, Culver
road , Coy Glen Road, and Sand Bank Road .
Water and Sewer
The Highway crews replaced 200 feet of 2" galvanized steel water main on Kay Street
this month . They have re-seeded the site .
Agenda Item #
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We have raised all the manholes and shut-offs on Route 96 (Trumansburg Road) to
prepare for the State to pave .
Confined space entries were preformed so that the pressure relief valves on Elm Street
Ext . and Stone Quarry Road could be repacked . Confined space entries were also
performed for quarterly testing Town-wide pressure relief valves .
Projects for Au ust
1 . Put shoulders down .
2 . West Haven Road storm water management.
3 . Park and Trail maintenance .
4 . Water and! Sewer maintenance .
5 . Survey projects .
6 . Work at la�covelli Park .
7. Ditching and culvert pipe replacements .
8 . Decommission the Glenside Road water line .
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Agenda Item No . 19c
Town Engineer's Report for 8/6/01
Town Board Meeting
GENERAL
Staff
The Engineering Technician I position has been offered to an applicant and the provisional
appointment is on the Town Board agenda for approval . The candidate will be starting on
August 20 if approved by the Board . This position will provide technical support to the Highway
Department under the direction of Senior Technician Craig Ballard .
Operations & Facility Management
Joe Hulbert has been busy paring down the long list of maintenance work that has accumulated
over the past year. Joe directed the installation of a new curb at the Post Office entrance ramp ,
installed a new drain for the roof drain at the ramp and replaced the old step at the back ramp
with a new concrete ramp . He was assisted by several of the highway employees who worked
very hard on some extremely stubborn concrete . Other work at Town hall included installation
of a telephone line into the archive room , closing up holes in the old basement area walls that
were left by duct removal and various small trim and painting jobs .
ecords Management
Engineering staff is continuing to work with existing record maps of the Towns water and sewer
systems to develop an electronic GIS record map . All Town maps are being catalogued in the
map data base .
Park and Open Space
The Engineering staff is coordinating with the Highway Department and Planning Department on
the Hanna Pew Trail project . T . G . Miller is finalizing the Boundary and Topographic Survey
Work . As soon as the survey is completed , project plan development will proceed and design
development will be initiated .
Highway
The Engineering Staff has provided design and layout assistance on drainage for West Haven
Road and Elm Street Extension .
911 /Emergency Operations Center Committee
The Town Engineer has attended two building committee meetings for the proposed 911 /EOC
addition at Station 5 site . Program development is being finalized and a committee review of the
preliminary schematic design was done July 20 , 2001 . The project will be coming to the Town
TOWN ENGINEERS REPORT 8/6/01
Board for approval to use the Town owned property, a Memorandum of Understanding is bein
prepared by the County. The project will also require a special approval by the Board
Appeals and Site Plan Approval by the Planning Board .
STORM WATER MANAGEMENT
East Hill
The Eastern Heights drainage improvement project includes the work nearing completion on
Park Lane and the stabilization of the drainage channel above Rte . 79 adjacent to the Ewing ' s
property. This portion of the drainage channel will be stabilized with heavy rock Rip Rap and the
final design is being completed to build the protection this summer. Additional work is being
planned for this project to protect a NYSEG main gas supply line . NYSEG will be paying for the
work for the ga's line protection .
EARTH FILL PERMITS
The City of Ithaca application for the proposed demolition and construction spoil disposal site on
the Landstrom lot was submitted by the Superintendent of Public Works on April 16 , 2000 . The
Town Engineer reviewed the application and determined that it was incomplete and ha
responded by I letter to the City with a list of additional information required to complete th
application . No activity has occurred since the response to the City.
WATER PROJECTS
Integrated Water System
Final project planning and design work on improvements for the integrated water system is on
hold until completion of the revised SCLIWC agreement .
West Hill Water System
The West Hill lwater improvement has been designed and two responsible bids were received .
A recommendation for Award of Contract has been approved by the Town Board . The Town
Engineer has been working with the City of Ithaca to finalize the site plan approval .
The Engineering Staff is continuing to work on preliminary plans and an engineering report for
the part of the West Hill Water System behind the Biggs complex and the Hospital .
SEWER PROJECTS
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Joint Sewer Agreement
The SJS partners are continuing to work on the revised agreement for the Ithaca Area Wast
Water Treatment Facility and jointly used interceptor sewers .
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OWN ENGINEERS REPORT 8/6/01
ntermunicipal Sewer System
The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for
expanding the partnership in the sewer system . The Intermunicipal Sewer Group includes the
three existing partners in the Joint Sewer Subcommittee of the City of Ithaca , The Town of
Ithaca , and The Town of Dryden , plus the three potential partners which are the Village of
Lansing , The Village of Cayuga Heights and the Town of Lansing . The group is also working
on the scope of the Environmental Impact Statement required by NYSDEC .
North East Sewer Improvements
The Hanshaw Road sewer main contract has been awarded and construction started with
clearing work on July 9th . Lining of the pipe is scheduled for the Week of August 6 .
West Hill Sewer System
Survey Work for the replacement of the Trumansburg Road Hospital sewer line is being
completed by the Engineering Interns . The Town Engineer is in the process of developing a
design and construction plan for replacement of this sewer line in 2001 .
Engineering Interns have been surveying the north end of West Haven Road to evaluate the
best way to provide sewer service to EcoVillage property .
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4 AGENDA NO . 19 d
Planning Director ' s Report for August 6, 2001 Town Board Meeting
DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board .
July 17, 2001 Meeting:
Ithaca College Physical Plant Shops Building Addition , Campus Service Road (off
Coddington 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 4 , 160 +/- square foot addition to the
Physical Plant Shops Building located on Campus Service Road at Ithaca College, Town
of Ithaca Tax Parcel No . 41 - 1 - 11 , Residence District R- 15 . The addition will house five
vehicle service bays and additional office space for physical plant shop staff. Ithaca
College, Owner/Applicant ; HOLT Architects, P . C . , Agent .
Ithaca College Temporary Office Building, Danby 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 10,920 +/-
square foot temporary offices located at Ithaca College , Town of Ithaca Tax Parcel No .
41 - 1 -30. 2 , Residence District R- 15 . The proposal would include office space for current
Ithaca College employees and will be removed after five years . Ithaca College,
Owner/Applicant ; HOLT Architects, P . C . , Agent.
Ithaca College Campus Safety/General Services Building, Campus Service Road (off
Coddington Roa.d) : The Planning Board granted Preliminary Site Plan Approval and
issued an affirmative recommendation to the Zoning Board of Appeals regarding Special
Approval for the proposed two-story building with a 13 ,365 +/- square foot footprint
located on Campus Services Road, Ithaca College, Town of Ithaca Tax Parcel No . 41 - 1 -
11 , Residence District R- 15 . The proposed building will be sited where the old
composting building currently is and will house offices for campus safety on the upper
level and the college ' s mail , duplicating, and printing facilities on the lower level . The
proposal also includes 54 +/- parking spaces and associated sidewalks and landscaping .
Ithaca College, Owner/Applicant ; HOLT Architects, P . C . , Agent .
Cornell University Precinct 9 Athletic Fields, Pine Tree Road : The Planning Board
considered a revised Sketch Plan for the proposed Cornell University Precinct 9 Athletic
Fields located off Pine Tree Road behind the Reis Tennis Center and the Cornell
Equestrian Center , Town of Ithaca Tax Parcel No . ' s 60- 1 -9 . 1 , 60- 1 -9 . 2 , 60 - 1 - 18 , 60- 1 - 5 ,
and 60- 1 - 8 . 2 , Residence District R- 30 . The proposal includes the creation of two multi -
purpose athletic fields that will include the deposition of 7 , 500 +/- cubic yards of fill .
The proposal also includes the creation of a recreation trail which will link the proposed
athletic fields and the Reis Tennis Center to the East Ithaca Recreation Way . Cornell
University, Owner. /Applicant; Laurene Gilbert, ASLA, Agent .
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EcoVillage Second Neighborhood and Amendment to SLUD regarding Future
Development, Rachel Carson Way : The Planning Board accepted as complete the Final
Environmental Impact Statement for the proposed EcoVillage at Ithaca development,
pursuant to the State Environmental Quality Review Act, Part 617, for the proposed
Special Landi Use District ( SLUD) amendment to be applied to the overall EcoVillage
property, and; the proposed development of a Second Neighborhood Group consisting of
30 +/- dwelling units and a common house, located off of Mecklenburg Road at Rachel
Carson Way (a private drive), on Town of Ithaca Tax Parcel No . ' s 28 - 1 -26 .2 and 28 - 1 -
26 . 8 , consisting of a total of 176 +/- acres . EcoVillage at Ithaca, Owner/Applicant; Rod
Lambert, Agent. The Planning Board will consider adopting a Statement of Findings at
their August i7, 2001 meeting . A public hearing to consider enacting an amendment to
Special Land Use District No . 8 will be scheduled for either a special August Town
Board meeting or at the regular September 10, 2001 Town Board meeting .
CURRENT PLANNING DEPARTMENT PROJECTS
The following are accomplishments or issues that have been dealt with over the past
month.
SEAR Reviews for Zoning Board : Four SEQR reviews for the Zoning Board were done
since the July report : ( 1 ) request for authorization to enlarge a non-conforming building
by adding a 273 sq . ft . room to an existing two -family home , 1427 Slaterville Road, R- 15
Residence District, Angela Oxford, Appellant; (2) request for a height variance to
construct a detached garage with a height of 18 ' 10" ( 15 foot height limitation), 406
Coddington Road, Residence District R- 15 , William Lesser, Appellant; (3 ) request for
authorization to enlarge a non-conforming residential building by adding space on the
second floor; 1006 East Shore Drive, Residence District R- 15 , David L . Romm ,
Appellant; and (4) request for continuation of a use variance to permit a riding academy
and facility to board and train horses, 340 Warren Road, Residence District R- 30, Donna
Duffy, Appellant.
Codes and Ordinances Committee : The Committee met on July 18 , 2001 and continued
the review o proposed Zoning Map changes . The Committee cancelled the regular
meeting scheduled for August 15 , 2001 , and scheduled their next meeting for September
19, 2001 to complete the review of proposed Zoning map changes and to approve a
revised Zoning Ordinance text for distribution to boards and committees for review and
comment. (This revised schedule is intended to provide the Attorney for the Town with
sufficient time to complete the revised draft Zoning text. )
Transportation Committee : The Town of Ithaca Transportation Committee met on July
12 , 2001 . Agenda items included a discussion of road standards for local roads
(presentation by David Orr of Cornell ' s Local Roads Program) ; a general discussion
regarding transportation plans (with an update by staff on sample plans collected from
other areas) ; and a discussion regarding classification of roads in the Town of Ithaca.
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The next meeting is scheduled for Thursday, August 16 , 2001 at 2 : 00 p. m . The tentative
agenda includes a discussion of transportation plan elements and how the Town might
want to approach the preparation of a transportation plan (Committee members were
asked to come to the next meeting with a list of problem areas/intersections ,
transportation issues in the Town, etc . ) .
Ithaca College -- Proposed South Hill Conservation Zone : Staff met with Robert Wesley
and Nancy Ostman to discuss follow-up consulting work to confirm information
regarding the Ithaca College/South Hill plant studies that had been previously conducted .
A draft contract for consulting services has been prepared and is being reviewed by the
Town and consultants . A field trip with the consultants will be scheduled soon to revisit
parts of the South Hill area.
Planning, Engin'°ering and Zoning (PEZ) Administration and Coordination : Planning,
Engineering and Zoning staff met on July 13 , 2001 to review the development database
and the status of projects. The next meeting is scheduled for Friday, August 3 , 2001 at
8 : 30 a. m .
Update on Steeples Glen Project (at Eastwood Commons) : Subsequent to the June I Ith
Town Board meeting, the developer (Ernann Corp . ) indicated that they would be revising
their sketch plan to bring to the Planning Board for discussion. Staff met with
representatives of the Ernann Corp . on July 20`" to discuss revised plans that they will be
submitting to the Planning Board . It appears that the developer ' s current intent is to
follow existing zoning, rather than apply for a zoning change . This would take the Town
Board out of the approval process and involve the Planning Board (for site plan approval)
and possibly the Zoning Board of Appeals (if any setback or other variances are
required) . They will no longer be proposing 4 bedroom apartment units . There will be a
mix of studios and two and three bedroom townhouse units in the MR Multiple
Residence zone (approx . 85 units) . They would develop the R- 15 parcel according to
existing zoning, although they have not yet shown that on a plan . It appears that their
primary market is still graduate student rentals . Revised sketch plans are expected to be
submitted soon, and are tentatively targeted for presentation to the Planning Board at the
August 21 " Planning Board meeting .
2002 Budget : Thy° process for preparing the proposed 2002 Budget has begun. The
Planning Department has coordinated with the Human Resources Manager and Network
Administrator regarding personnel and computer-related portions of the Budget and with
the Engineering Department regarding possible equipment acquisition . Department
Budget worksheets are due by July 31 S`
ITCTC Planning Committee : The Ithaca-Tompkins County Transportation Council
(ITCTC) meeting was held on July 17 , 2001 . Agenda items included a discussion of the
upcoming Transportation Enhancement grant program , the NESTS Transit Planning
Project, the Freight Transportation Study , and local involvement in project development
in the TIP (Transportation Improvement Program) process . NESTS Transit Study :
Interviews are scheduled for the end of July/beginning of August with two prospective
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consulting firms . The study is anticipated to begin in September with a transit marketing
survey to be conducted in the fall . Freight Transportation Study : The final draft report is
being prepared by the consultant and will be available on- line (a 70 % draft report is
currently on ITCTC ' s web site) . A final public meeting is tentatively scheduled for
August 9, 2001 . . The consultant report will still recommend that Pine Tree Road be
designated asl a Primary Truck Route . This was discussed further at the ITCTC Planning
Committee meeting, and Town of Ithaca representatives reiterated their opposition to
such designation because of the impacts that such designation could have on the Pine
Tree Road neighborhood . Town representatives requested that ITCTC make sure that
Pine Tree Road and area residents are notified directly about the upcoming meeting and
the ramifications of the proposed truck route designation .
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Town Board Meeting 8/6/2001
Human Resources Report for July 2001
Personnel Committee : The committee did not meet in July .
Safety Committee : The committee discussed the workers ' compensation loss run report in regards to
areas of training that needs to be addressed to reduce muscular skeletal injuries . The committee
worked on edits of the Work Site section of the Safety Manual . There was discussion about
scheduling a fire evacuation drill for town hall before Fall .
Training and Development : Starting to schedule classes for the Fall as part of the Supervisory
Training Series . The classes for October and November include : " Increasing Individual
Effectiveness" , " Buildincq Teams That Work" , " Knowing and Delighting the Customer" .
I attended the NYS Human Resources Management conference in Saratoga Springs for 2 days . The
focus of the conference was on being the employer of choice and how to accomplish that . I learned
many ideas that can be used to hire and or retain the desired work force . In reflection I feel the Town
of Ithaca is following the right path for being an employer of choice .
Personnel — Civil Service : A great deal of time was devoted in July to working on salary projections
and benefits in relation to working the 2002 budget .
Dan , Fred , Craig Ballard and I conducted 7 interviews for an Engineering Technician I position . We
are recommending for appointment Joseph Slater from Owego , NY . Joe is a 2000 graduate from
SUNY Canton , with an Associates degree in Construction Engineering . He has been working for the
past year as an Engineering Technician for Keystone Associates in Binghamton .
Commercial Insurance : Charlie Gibson and I have been working on gathering the information needed
to get quotes for the 2002 commercial insurance . We are adding this year the required $2 , 000 Right
of Way Bond , that historically has been gotten through Becker Wells Insurance Agency , so that all the
insurance is coming from one agency . When the Town left Becker Wells in the early 1990 ' s there
were some Surety Bonds that were still written through them . I have proven with aid from NYS DOT
that we no longer need these Bonds so that they could be cancelled and we would not be required to
pay past due premiums on them .
Submitted By :
Judith C . Drake , PHR
Human Resources Manager
of 1 T�y
�C� TOWN OF ITHACA
�, ' 821 �� 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704
NetworklRecord Specialist
Report for Town Board Meeting
August 6, 2001
`deb site : New web site design to be available mid August. The Records Management Advisor
Board committee has asked that the site only post Board meeting schedules and agendas until the
question of whether to stop typing verbatim minutes has been answered .
Network: Network Disaster Recovery Plan continues to be developed . Identifying critical business
systems is the first component to be addressed . 2001 Central Data Processing budget has been
drafted with input from. each department.
Other: This staff member is pleased to inform the Board of the tremendous accomplishment
achieved by the administrative support staff: Our Town Budget Officer has abandoned using
spreadsheets for writing communications and is now using the system' s word processing software.
The Budget Officer should be commended for his ability to adapt to our changing technological
environment.
Respectfully submitted ,
Lisa B : Titti
Network/Record Specialist