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HomeMy WebLinkAboutTB Minutes 2001-12-10Regular Meeting of the Ithaca Town Board Monday, December 10, 2001 at 5:30 p.m. Ithaca Town Hall, 215 N. Tioga St., Ithaca, NY AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Board of Representatives 4. Report of Fire Commissioners 5. 6:00 p.m. — Persons to be Heard 6, Consider Declaration of Intent for Town Board to Serve as Lead Agency and to Prepare a Generic Environmental Impact Statement Regarding the Proposed Revised Town of Ithaca Zoning Ordinance and Map 7, Set Fee for Draft Zoning Ordinance and Attachments 8, Consider Amendment of Special Land Use District Number 4 Regarding Food Processing and Distribution Operation at 1251 Trumansburg Road and Referral to Planning Board for a Recommendation. 9, Set Public Hearing for Amendment to Traffic Ordinance for Maple Avenue 10. Set Public Hearing for Amendment to Emergency Towing Ordinance 11, Consider Approval of City of Ithaca Fire Contract 12, Discuss Consultant Contract for Sewer Plant Improvements 13. Consider Authorization to Execute Lease with Nextel 14. Discuss Residents' Petition for Speed Limit Reduction on Culver Road 15, Discuss Forest Home Traffic Calming and Request for $2,500.00 16. Discuss Format for Posting the 2002 Budget on the Web 17. Discuss Preparation and Posting of Board Minutes 18, Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Warrants c. Bolton Point Warrants December 6, 2001 d. NYS Association of Towns 2002 Training School & Annual Meeting e. Approve Attendance at Accounting 101 by Debbie Kelley f. Approve Attendance at OSHA Recording Keeping Course by Judy Drake g. Approval of Floating Holiday h. Holiday Tree Pick Up Date i. Promotional Appointment of Motor Equipment Operator 19. Report of Town Committees a. Purchase of Development Rights Committee b. Capital Planning Committee C. Cayuga Lake Watershed Intermunicipal Organization d. Codes and Ordinances Committee e. Fire Contract Negotiating Committee f. Park and Trail Use Committee g. Personnel Committee h. Public Works Committee i. Safety Committee j. Sewer Contract Committee k. Special District Benefit Assessment Committee I. Transportation Committee 20. 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. Attorney for the Town of Ithaca 21. Review of Correspondence a. 10/25 letter from Donna Sexton Connery, Cornell, re Disposal Sites b. 10/21 thank you letter from Nina Miller, Hospicare c. 11/21 letter from Doug Austic re Ulysses Water District d. 11/13 letter from Dan Walker to Larry Fabbroni re Phosphorus Removal e. 11/27 letter from Wm. Gray, City of Ithaca, re Phosporous Removal f. 11/29 letter from Mark Varvayanis, Town of Dryden, re Phosphorus Removal g. 11/29 letter from Mikel Shakarjian, Tompkins County, re Public Safety Communications System h. 12/3 letter from Gary Ferguson, Ithaca Downtown Partnership, re 2002 Contribution in Lieu of Assessment 22, Consider Executive Session to Discuss Pending Litigation on the Towers and Communication Project 23, Consider Adjournment December 6, 2 Name 1n me ltt l flet f 2. �ai� i �:�1'�4Sc✓ie� SIGN IN SHEET ITHACA TOWN BOARD MONDAY, DECEMBER 10, 2001 Address 11 I /'t . fi t !��/ 4/t F5o i 13 �D3 , 5.i -U h 6. �%f/r `l C'�Gt r� � Zvi '�• (2 q Q�eTic T ril 0 (::�l 1 4 s. ✓ �.�l77/-l�� 90 1 12. s 13. cw\N ) Kktt' .r vb ' e;z% 016A�a(:: 1 SST (NA2� Minutes of December 10, 2001 Approved 1/14/2002 REGULAR MEETING OF THE ITHACA TOWN B MONDAY, DECEMBER 10, 2001 AT 5:30 P. 215 NORTH TIOGA STREET, ITHACA, NEW Y Approved 1/14/2002 OARD RK 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, there were pre ent: PRESENT: Cathy Valentino, Supervisor; Mary Russell, Board Member; Carolyn Grigorov, Board Member; David Klein, Board Member; Ed Conley, Board Member; Bill Lesser, Board Member; Tom Niederkorn, Board Member. ALSO 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/Zoning; Judy Drake, Human Resource Manager; Al Carvill, Budget Officer. OTHERS: Bob Romanowski, Ithaca Fire Department; mike Nagel, Ithaca College, T-11, Ithaca, NY; Mike Bargersero, Ithaca College, T-10 203, Ithaca NY; Lisa Carrier-Titti, Network Specialist; Marty Demarest, 105 Winthrop Dr., Ithaca, NY; Mike Koplinka-Loehr, Tompkins County Board of Representatives, 124 Crest La., Ithaca, NY; Will Burbank, 132 Glenside Road, Ithaca, NY; Susie Gutierrez, 210 Park PI., Ithaca, NY; Bruce Brittain, 135 Warren Rd., Ithaca, NY; Douglas B. Brittain, 135 Warren Road, It aca, NY; Stan Seltzer, 228 Forest Home Drive, Ithaca, NY; Richard Hautaniemi, 213 Town line Rd., Groton, NY Call to Order: Supervisor Valentino called the meeting to order assemblage in the Pledge of Allegiance. 4 - Report of Fire Cc ners (Attachm 5:30 p.m., and led the #1 Bob Romanowski .appeared before the Board to deliver the Fire Commission's monthly report. Agenda Item No. 3 — Report of Tompkins County Board of Representatives Mike Koplinka-Loehr — I'll just go through and highlight what we're doing. Probably the single biggest area that we're struggling with, as I am sure you are, is the budget and particularly the impact of the State budget. We, as you know, finished our own budget for 2002, but within days of that being put to bed we learned more and more cuts are coming down from the state and we'll have probably more news from the Governor's early budget in about a week or two. If indeed the rumors are true, it's going to be a significant impact on Tompkins County. Things are not good, but I'm not going to be the first one to tell you that, of course. You're just going to have to keep interacting with us as these impacts come down. You're probably aware that the charter and code review for the County is continuing and we do our best to keep you updated on what sector of that code we're going through and once we get that committee's work as much completed as possible before circulating it we'll give you and updated copy. They are going section by section. i Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — And then you'll have a public hearing on the whole thing? Mr. Koplinka-Loehr — Absolutely, so they don't have to have independent public hearings. There's certain things there's language changes, updating language, but other things are substantive. 75% to 80% of it is clean up stuff that has been hanging out there, but probably that last 20% is indeed reviewing again. Things like how we appoint Board members when someone resigns. Our way of doing that did, of course, get a review this fall, but we'll review that for substantive changes. Who will make those decisions. Supervisor Valentino — Are they aware that there is nothing in the charter right now how they appoint someone new from our new areas that are city and town. There is a mechanism, I believe, for district to district within the Town. Attorney Barney — Right now, there's no mechanism as far as I know between City, Town, and we now have 4 or 5 of those. Plus the appointment process for Frank Prodos' district would be kind of interesting because we have a 7 person board and the other Towns have 5 -person boards and right now it's agreed that the majority of the total of the two boards so if somebody from the Town of Ithaca is nominated for that position, which is a really very small segment of that district, conceivably that persons could be ... the possibility is there. Mr. Koplinka-Loehr — Instead of going over the County Planning Department, as you know there's a change in leadership there, we're advertising and interviewing for a new Director of Planning as well as some staff positions. I thought I would check to see if you got, there was a newsletter, The Tompkins County Planner. Did people... have they seen this? If not I'll give to her for circulation. It really updates a whole variety of the planning issues that are being moved forward. Airport security, I think you're aware of the new federal legislation regarding aviation, transportation security act. I can leave an update on that as well, if you'd like. That is going into, has been in effect here at Tompkins County,. Discussion on sales tax on clothing and postponing that has indeed begun. Again, because of the impacts of the budget we may well seek public input and seek you input about whether we should postpone that beyond the timeframe in 2002 we had planned for it. If you have an opinion on that please let us know. You probably read in the paper about the room tax. That did indeed pass for phasing in over a three step process over the next year and a half, two years, and that a bed and breakfast were exempted. You're probably also aware we have a new County Attorney. Jonathan Wood was appointed in early November. That department is also doing a bit of reorganization. As you may know, we had a part-time County Attorney, a full-time Deputy, and some assistant attorneys. Now we're going to a full time County Attorney and two part time assistants. So the one persons whose there may change some duties and we're advertising for a second part time, really a half time position. If you need that vacancy announcement I can get that to you. 2 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Voting machines — The government operations committee continues to look at this issue of maintaining them, upgrading them. We had some issues come up at certain voting centers for levers riot being able to be pushed down and that's a real concern. Solid waste fee — I think you heard as well that we did not increase that fee but there is substantive discussion behind the scenes about the weighing of that. It looks like, although we did not raise it this year, it looks like in future we may have to raise it three and four dollars. So the thought this years was well why don't we start to ramp up a little bit, and we did not go this direction but you should be aware that probably we'll have a significant jump next year from, I think it's 51 now, to 55 range. I wanted to give you a quick update on the Quality of Life Committee which I chair. We have indeed the final updraft of the first edit of those, there's about 24 different categories where the 30 citizens on that committee chose a variety of indicators. That's now gone back to a subcommittee of the County Board which is called the 20 / 20 Committee for review, that meeting is next Monday. We're still hoping to try and get this report out toward the end of this year, maybe early next year. I can get you a draft of that if anyone is interested. As you also know, there is likely to be a change in the Board's leadership. There will be a change in Board leadership beginning of next year. We saw an article in the paper about that on Friday. If, indeed, people have suggestions on configuration of committees, we are open to that. The committee are not in stone and if indeed you see things that should be linked together in terms of how they are looked at every year that is up for grabs in terms of how the committees are assigned. So please let us know that. I think that is it. Supervisor Valentino — Are they going to try to do anything to get the planning federation that kind of died out due to lack of participation back up and running. Mr. Koplinka-Loehr — I'm not up to speed on that. I know that the County has looked at and done a recent survey, I can also leave you a copy of that survey if you'd like, of all of our advisory boards. That's not a regularly meeting advisory board at present, but we have about 44 different taxk forces / advisory boards and we've done a survey of how effective do you feel in terms of advising county government, how do you replace your members, do you understand you bylaws, those kind of questions. I don't know that particular one. I can look. The survey has come back. I think we've gotten about 25% return from all the various, I think 600 citizens who sit on those committees. I can check that particular one, if it got a response. Supervisor Valentino — I feel it provides some kind of a link between the Planning Board or Planning Federation between the County and other municipalities is extremely important. Mr. Koplinka-Loehr - I can check on that and get back to you. Let me leave some of these things. I called Cathy today to ask if we could move up Item 15, the Forest Home Traffic Calming request, closer to 6:00 and so I hope you can honor that. 3 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — I was just going to announce that. Make a note on your agenda that item 15 is going to be moved up to right around 6:00. Supervisor Valentino — I've been getting very good communication with the County on the various committee meetings now. It's extremely helpful. Councilman Lesser — I just wanted to mention it was great news about the sale of the old hospital. Is it, indeed, a done deal? Mr. Koplinka-Loehr — The closing happened as far as I understand. Councilman Lesser — Excellent. Any idea when it's going to be refurbished and back on the tax rolls. Agenda Item No 6 — Consider Declaration of Intent for Town Board to Serve as Lead Agency and to Prepare a Generic Environmental Impact Statement Regarding the Proposed Revised Town of Ithaca Zoning Ordinance and Map (Attachment #2) Supervisor Valentino — I'd like to thank the Codes and Ordinance Committee and John Barney for the work they've done on this. Councilman Lesser — It was a huge task. Supervisor Valentino — With a fair amount of interruption with other kinds of ordinances and other things had to be dealt with. Mr. Kanter — We could spend as much or as little time as you want on this item. I did put together a memo and a proposed resolution in the Board's packet. At this point where we stand is that the Codes and Ordinance Committee has completed the redraft of the proposed Zoning Ordinance and Map and we/ve also put together an executive summary of that and, in front of each board member tonight, you'll see a binder that we've put together that has all of that in it. So that is your review copy. And the Codes and Ordinances Committee has thought a little about how we're going to do the environmental review of the draft ordinance and map when it comes to that point. There are certainly going to be a number of months of additional review and at this point basically we're asking all of the internal boards and committees for review and comment over the next couple of months, after which it will go back to the Codes Committee to take another look at it and then somewhere around February or possible March we'll go into the public information meeting phase of this. But this is really the time to start the environmental review because the Codes and Ordinances Committee has recommended that we do it through a Generic Environmental Impact Statement so that we can really try to document the whole process. How the proposed zoning changes came about, some of the rationale for the changes that are proposed and a number of the types of impacts that would be a result of the proposed zoning in a generic way because it is going to be a town -wide change. So the resolution that we have in front of you tonight basically would the Town Board would declare its intent to be the lead agency to do the environmental' review and then also declare intent to prepare a draft generic environmental impact statement on that. 11 Minutes of December 10, 2001 Approved 1114120012 Approved 1/14/2002 RESOLUTION NO. 2001-152 — DECLARATION OF INTENT FOR TOWN OF ITHACA TOWN BOARD 7'0 SERVE AS LEAD AGENCY AND TO PREPARE A GENERIC ENVIRONMENTAL. IMPACT STATEMENT IN CONJUNCTION WITH THE PROPOSED REVISED TOWN OF ITHACA ZONING ORDINANCE AND MAP. WHEREAS, the Town of Ithaca Town Board is proposing to enact a comprehensive revision of the current Town of Ithaca Zoning Ordinance and Map, in order to update the current Zoning Ordinance and Map, and to implement certain of the recommendations of the Town of Ithaca. Comprehensive Plan, adopted by the Town Board on September 21, 1993; and WHEREAS, said enactment is a Type I action pursuant to the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and 6 NYCRR Part 617 of its implementing regulations, as well as the Town of Ithaca Environmental Review Law, as enacted by Local Law No. 5, 1988; and WHEREAS, 6 NYCRR Part 617.6(a)(4) allows an agency to waive the requirement for an Environmental Assessment Form (EAF) if a draft Environmental Impact Statement (EIS) is prepared or submitted; NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Town Board hereby declares its intent to serve as Lead Agency in order to conduct the environmental review of the proposed enactment of the revised Town of Ithaca Zoning Ordinance and Map; and BE IT FURTHER RESOLVED, that the Town of Ithaca Town Board hereby declares its intent to prepare a Generic Environmental Impact Statement (GEIS), pursuant to the provisions of 6 NYCRR Part 617.10 in order to evaluate the potential environmental impacts of the proposed revisions to the Town of Ithaca Zoning Ordinance and Map. MOVED: Supervisor Valentino SECONDED: Councilman Niederkorn VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously Mr. Kanter — We did include on the memo an outline of the types of subjects, although this is not set in stone for what the environmental impact statement would cover. Councilwoman Grigorov — Would you want comments on that now? Mr. Kanter — I'd like certainly some feedback on it. That doesn't have to be part of the resolution to begin the EIS process, but if we have time tonight or at some point in the near future we'd certainly like to get some feedback on that because we will want to start the drafting of the environmental impact statement. And of course that is subject to change as any additional of the zoning changes may changes as well over the next few months during the whole review process it certainly could evolve further, but in many ways the 5 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 generic EIS would be a way to help track those changes and also justify further changes if that's the case. Councilman Niederkorn — This is the motion on the Town Board being the lead agency? Supervisor Valentino — Yes. Agenda Item No. 7 — Set Fee for Draft Zoninq Ordinance and Attachments Attorney Barney — The problem is that when we started digging into it our fees are set by local law, so what we need to do is amend the local law so what you have in front of you is a resolution establishing a public hearing time to do that in January. As I understand it, when we talked about it, this is for the draft ordinance, the maps that relate to it, and executive summary. I believe the fees that are being suggested was $10.00 for a copy of the ordinance, $1.00 per map or 5 maps for the price of 6, and Executive Summary was $1.00 or the entire package for $15.00. Councilman Lesser — Where did those number come from, John. Are those related to actual costs? They're approximate costs. The Zoning Ordinance Draft is 136 pages, so we're probably giving people a bargain. The $1.5.0 is probably pretty close to what it costs. Mr. Kanter — And we actually have 7 maps in the whole series. Councilman Klein — Will this also be on the website? Which people have access to for now cost. Mr. Kanter — Well, that's certainly for the Board to decide. What we thought we would do, and what lead to this discussion was, at first we weren't really planning on circulating the draft ordinance at this point because it's really intended for internal comment by boards and committees but then we also felt that at the same time it is now a completed draft and so if people ask for copies of it we should be able to provide it and to have some, you know, reasonable fees to do that. I would recommend that we hold off on putting it on the website until it actually does go to public review and we set up public information meetings so that there probably will be some further changes to it by the time we get to that public review phase. We certainly can do it now as well, but my preference, at lease, would be to wait until we get to around end of January, beginning of February and actually have the schedule for public review. Councilwoman Grigorov — What about putting up the Executive Summary. Mr. Kanter — Well we could, but again it may be out of context. I'd rather really put the whole package together in a form that people could see all of it. We tried to make the executive summary as clear and complete as possible but it certainly doesn't have everything. The executive summary will certainly be available as a hard copy document. Attorney Barney — I think the thought is that right now it's kind of an internal review by the boards and people directly involved with the Town Hall. If you put it on the website you 6 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 basically have to make it available also through the freedom of information law, start producing copies. It may be premature to do that because until the Board of Zoning Appeals has a chance to give their reactions and the Planning Board their reaction and Conservation Board. I think there's going to be ample time for the public to have a chance to review and comment, the plan is to have quite a series of extensive public information meetings and then the formal hearing process as well. So it is not like people are being deprived. Councilman Lesser — If indeed you take that position then why are we making a hard copy available? Attorney Barney —'These numbers are for the next step. Mr. Kanter — My understanding is we would make this available as hard copy immediately for people from the public who asked for it. We originally were thinking what John was mentioning that this could be considered, actually legally we would be very well in the position to consider it an internal, intra -agency, document which is excluded from the FOIL requests. But because we've been working on it so long and because there should be a lot of interest out there as this progresses further, we thought that since it is now a completed draft it would be reasonable to make it available to those who ask for it. But to go the step further, to put it on the website at this point I think is a little bit premature. Supervisor Valentino — I thing we'd sort of like to do the advertising, get the word out there, coordinate all that. Mr. Kanter — And there certainly could be further changes. The whole idea of sending it to boards and committees is to get some preliminary comments and see if it's going in the right direction. Councilman Lesser — I can understand, obviously there are a lot of reasons to make a document public, I can understand the intra -agency concept of not releasing it. But the notion of releasing it in a way that's complicated or expensive for people is a little bit troublesome to me. I think it is either available to people and we make it available as conveniently as we can, or we don't make it available. But to try to encumber the system by making people come down here and pay $15.00 doesn't make a lot of sense. Councilman Klein -- I tend to agree with Bill. If it is out there, we can put disclaimers on the web, that would really make it more accessible. Attorney Barney —The question is at what point you want that accessibility? I am learning something tonight, because I was under the impression that we were treating this pretty much as an intra -agency exploration for the next couple months, and then that presumably may result in some revisions and at that point then we would go all out to get it out to the public in as many ways as we possibly can. Councilman Klein — But, I mean, kind of strattling the fence, I'm not sure what that accomplishes. In other words, I think if you make it an intra -agency document then there is clearly a restricted distribution to the agencies and basically not to the public. But if you 7 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 say the public can have accesses to come in and pay for it, yet they don't have access on the web, it seems to me you do one or the other. You sort of just don't do it half way. It certainly affords the opportunity to get it out to everybody who has access to the web and they don't have to pay for it. We're not into it to make money. Attorney Barney — There's also a cost to the Town for the time to put it on the web. Councilman Lesser — I think we're obliged to put it on the web is my understanding. I went to Robert Freeman's talk and asked him specifically about the mode. It was his interpretation under freedom of information law that if the Town has a document in electronic form and we're requested to have access to it in electronic form we're obliged to provide it in that form. Mr. Kanter — I don't agree with that. Attorney Barney — It is one thing to provide it electronic form, by copying it onto a disk, that we are obliged to do. We're not obliged to take every document and put them on the website. Councilman Lesser — I would certainly encourage and expect that we do so at that point in time. Attorney Barney — It's a question of when is the appropriate time to do that, to put something out there for people to look at. For example, we have some provisions in here that deal with administration in the ordinance. When the BZA sees it they may say we don't want to be involved in this, we don't want to be involved in that, or we want more of this or that. You revise the ordinance and then you put it out. In the meantime you've got comments from people that may be in the public, are not seeing, they're seeing a very early draft in the process, and the question is this going to be profitable and the best way to spend the Town's resources and time reacting. It's your call. Councilman Lesser — Is it reasonable to think about have an exclusive internal review for a fairly brief period of time to see whether there were any overriding issues that we feel need to be changed. Attorney Barney — That's the idea. Mr. Kanter — The timeframe, we're hoping that we would be back to the Codes and Ordinance Committee with these comments by the January meeting , but that probably isn't going to happen at this point because of the time its taken to get this, and it isn't even entirely out yet, we haven't made a full distribution of it to the boards and committees. Probably early February and then the committee will be meeting February 20th, I think. Councilman Niederkorn — It seems reasonable that whenever it is available for sale for $15.00 you ought to be able to get a copy on a disk or you ought to be able to get it on the website so that those three things seem like they ought to be simultaneous. Whether it is done now or 6 weeks from now doesn't make much difference to me, but it seems like they ought to be done together. 8 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Kanter — This was an attempt to make it more available than it was initially thought of so if that's how you're going I would almost recommend then that we just forget the whole idea for now. I mean you're subject to a risk of criticism of, you know, for not making it available to the public. I think, at this point, there would be a lot involved in getting it on the website. So I'd like to do it once not twice or three times. Councilman Klein - Marty Demarest is here tonight, could we ask him what's involved in putting it one? Lisa Titti — When I heard about what cost there would be involved with it it really the timing so you should make some decisions now. If we wait until a week or two before this is something of urgency it is going to cost us more. I would say we'd need about 5 to 6 weeks to really ado a good job at it. We can post up that map tomorrow. We have an electronic form, it can go on the site. But what we're developing is a place for people to come and have some sense of how this all fits into the big picture of our website. So I would say about 5 to 6 weeks to really get something together that would be presentable. Mr. Kanter — And that would pretty much coincide with the next round which would be going for public information meeting review. So again the thought was to make an early version of it available, yes some cost, but to build on this and not make it an all or nothing deal but to start getting it available and then put it on the website when it is reasonably possible. Councilwoman Russell — I think what has suggested is reasonable. Councilman Niederkorn — It seems like that ought to start right now, then, if this thing is going to be finished in 6 weeks Councilman Lesser — Make it available as early as we can, hard copy now, and on the website in 6 weeks or so. Supervisor Valentino — I have one other concern. I think it is important that, you know we have these volunteer boards to advise us and to look things over and respond back to us. They keep up on this on an ongoing basis and spend a lot of their own time meeting and going through these things and it seems to me that it is important that we have them involved in a special way. Councilman Lesser — The boards are also the group that really work with this document on a month in and month out basis. Supervisor Valentino — That's right and it is really important for them to have this first go round. Councilman Klein -- So Cathy, as we get feedback from the other boards, then that will come to the Codes and Ordinances Committee and we would consider amending the draft to either agree or disagree or modify. 9 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — That's right. Councilman Niederkorn — I presume there will be a number of copies that people can look at free that they don't have to buy. Supervisor Valentino — Yes. We'll have some copies here and maybe some copies at the library so people can come and look through them. Councilman Niederkorn — And does the $15.00 include amendments that might subsequently be printed? Attorney Barney — Well, the $15.00 as I understood it was that whatever the current draft was. It would not include the right to put your name on the list and have amendments forwarded to you as amendments are made. You come in the door on January 15th, you get whatever is available on January 15tH Councilwoman Russell — You can print your own amendments out on the website. Attorney Barney — My concern is that if you're going to say that the current draft is going to be available, you may want to move this public hearing up the year-end meeting. If the arrangement is 'to be made available after the internal boards have had an opportunity think the January meeting will probably be fine. RESO 10 [QVIA -153 - SETTING A LIC HEARINC )NSIDER A U LAW AMENDING LOCAL LAW NUMBER 10 OF THE YEAR 1994 TO ESTABLISH FEES FOR THE DRAFT ZONING ORDINANCE AND RELATED DOCUMENTS RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 31 st day December, 2001, at 10:30 a.m. for the purpose of considering a proposed local law amending Local Law Number 10 of the year 1994, which amendment would set fees for the sale by the Town of copies of the Town's 2002 draft zoning ordinance and related maps and documents; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment and fees may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilwoman Russell SECONDED: Councilman Lesser 10 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously. Agenda Item No. 5 — Persons to be Heard There was no one present. Agenda Item No. 15 - Discuss Forest Home Traffic Calming and Request for $2,500.00 (Attachment #3 Mr. Koplinka-Loehr — I'll be the lead spokesperson. First I wanted to deeply thank the Board and actually residents who are helping to fund this traffic calming feasibility study already. As you know, it's a $27,000.00 consultant fee of which all but about $2,500.00 has been raised. ;5,000.00 has been committed from the Town of Ithaca, $15,000 from NYSCA, Forest Home has raised $4,500.00 itself from its own residents and a small donation from a foundation. So this is really good news. This is a long-standing partnership that is continuing forward by using this particular avenue of a feasibility to look at traffic calming. I also believe that not just Forest Home is going to be benefiting. This is a study that will apply to all Town of Ithaca neighborhoods. Others can use pieces of this and also can learn from the process of how to have citizen input. You did get an update, I believe about a month ago, about where that process stood from the community meetings we had. We had over 100 people, residents and stakeholders weight in with the consultants while they were here and had a beginning of a plan emerge. We;'re still awaiting more details from the consultants, but tonight's request is to consider adding an additional $2,500.00 to your already pledged $5,000.00 to help us be able to afford this study. I think that besides transferability, I think that what we learn from this consultant study is indeed going to be useful not just for the other neighborhoods in the Town of Ithaca, but the Forest Home residents themselves have shown a lot of leadership that can be transferred in how we're pulling this off. Again, I thank you for your partnership in the past. I hope that you can continue that by contributing this second request and I think we're hear to answer questions, but I'll let other colleagues from Forest Home say their piece as well. Let me speak to one other point that may come up, I think. I spoke to Cathy earlier today about the beginning of the content you're starting to see from the direction the consultants might be heading, some proposals, some plans that might be emerging from the community meeting. And we're prepared to listen and answer and include that kind of feedback from your place where you're sitting in terms of Cathy mentioned liability issues, Cathy mentioned potential costs that may be coming down the pike if indeed some of these ideas have merit That's exactly what we hope, that that kind of input and that kind of stakeholder involvement, since you've been involved for so long will indeed inform that report. But that actually isn't the focus of tonight's request. We have not gotten any plan back from the consultant's yet to even have the community debate and dialogue, much less the larger stakeholder community and we just hope you can see the value of this tonight to consider increasing contribution. 11 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — We've gotten a summary so far. Is the consultant coming back with like a preliminary, more details. Mr. Koplinka-Loehr — Absolutely. This is our own summary of what we observed in those community meetings. Supervisor Valentino — Then there will be a final after that. Mr. Koplinka-Loehr — We had hoped by this point, actually to have a couple options to begin to debate in the community. We had hoped maybe three option, but it may end up being two options at this point, we don't know. But we'd hoped by the end of November, early December, we would have something that we could begin dialoguing on, have our own Forest Home Community meeting and then begin to have stakeholder involvement. That hasn't happened yet. It may be mid-December, it may be early January, but that plan, those proposals will come back, we will indeed have another community meeting. At that point we will have an open community meeting, not just Forest Home, but stakeholders of all back rounds will be able to come to again dialogue with the consultants for them to go back to the drawing board and bring us some final plans. So we will have one more essentially community meeting. Councilman Lesser — I must say the members of the Transportation Committee both participated in the September meetings and we've discussed it in our committee meetings, but even so I'm not really very clear on what level of detail the consultant report is going to come back. So, for example, one of the several options that's going to come forth and possibly be supported by the community is for making several roads one-way. Now, clearly, that could have a number of impacts on surrounding roads. Is the, as an example, is your consultant going to go and get traffic volume data, run it through the model and say if we do this the impacts on the traffic ... or is the consultant going to say this is one options, you're going to say we like this option, and say you come to the town, and it be then our task to try do that. What I'm getting around to is what detail is it in and how much more investment, at least of staff time is the Town likely to have to put forward to flesh out what could potentially be quite a range of alternatives. Mr. Koplinka-Loehr — My guess is that we will have middle -ground of what you are looking for. They have all the traffic count data that we have, not just for Forest Home but what we've given them for surrounding areas, possible alternate routes people might go around Forest Home. They will not give the fine level of detail in this next report to say, "if we do one way the traffic load on these surrounding roads will increase by this much." They will probably give that to us in paragraph form. We anticipate the load will increase maybe by, they might even put a percentage in there, but they won't actually give numbers of cars. So my guess is, they're going to come back with some proposals. It will have kind of a mid-level of pros and cons, what we can mitigate and alternatives. At that point, the community then will weigh in one more time before they go back to the drawing board with that response and say "okay, from what heard in this community we have to focus on one plan", and they will indeed come back with as many concrete numbers and detail for everything from, if it's a bump out or if it's a one-way, or it it's a gateway, actual placement. don't know about cost. I assume cost would be one of their criteria that they're going to 12 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 give us some information on. So the mid plan, which we are still waiting for, will have mid level of detail, and the final plan will have as much detail as we will garner out of them. Councilman Lesser - So. You or the consultants then, I don't how familiar the other board members are to some of the proposals, but many of them are narrowing and planting trees and having rippled crosswalks that either you or the consultants then will potentially have information on whether or not the roadway can actually handle that, the right-of-ways, the cost of the various components, the maintenance considerations, all of those things will come to the Town. Mr. Koplinka-Loehr - We have handed them as much information as we have about right- of-ways, about what the road can bear, that kind of thing. We don't have it all, obviously, so if they need more they will ask us or they'll put that in the report that, you know, "pending this information, we would propose X". Councilwoman Grigorov - We're not getting information from studies. Mr. Koplinka-Loehr - No. If they ask us for information, we go out and try to find it, and get it back to them. I think you may remember, the original proposal from this consultant is like $90,000.00 and part of the reason we were able to whittle them down to $27,000.00 was that we would do a lot of that leg for them which we continue to do. So I think the level of detail we are going to get at what was supposed to be at our doorstep now, is kind of a mid-range and they will not focus on one plan for that final level of detail until after another round of community input. Councilwoman Russell - Could you explain why this is costing more than... Mk - No, this is the original cost. We just had anticipated fundraising from a variety of other sources and we knocked on all those doors and the funds have not come forward. We did fundraise more on our own doorstep than we had anticipated. We had hoped to raise about $1,000.00 and because of the community spirit and motivation for this to really go forward we ended up raising $4,500.00. Councilman Klein -- The total consultant contract is $27,000. Mr. Koplinka-Loehr - Yea. And that hasn't changed from the beginning. Councilman Klein - I think when we approved our donation we were dealing with $5,000.00 and I think we had asked Forest Home to contribute $1,000.00 and I think the balance was supposed to be from a State grant. Mr. Koplinka-Loehr - Yea. We had looked at the County, we had looked at other foundations Councilman Klein - Obviously we got less than the State grant. 13 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Koplinka-Loehr — We've known since pretty much April that NYSCA did not come in at 20, it came in at 15, and that's what we've been beating the bushes to try to come up with the balance. Councilman Klein — But the Forest Home association has, as you say, raised $4,500.00 instead of $1,000.00. Councilwoman Russell — I have a question for Fred. Fred, have you been able to share your concerns about town liability issues with these consultants? Mr. Noteboom -- No. We did meet with the consultants and probably partly, yes, but mostly, no. Because at that time there weren't a lot of details to have the opportunity to share that with them. I'm hoping that will come in the near future. Supervisor Valentino — The consultants coming back, right? Mr. Koplinka-Loehr —Yes. Supervisor Valentino — Would that be an opportunity for us to speak to them about some of the things that they are suggesting that we think might cause us some liability problems, and some of the costs on some of these. We'd like to talk to the consultant. Ruth Mahr, - Chair of the Traffic Calming Committee. Just a little bit of clarification. The consultants are planning on coming back with the final plan. That's when they are planning on being in Ithaca, so I would respectfully suggest that your input would probably be of more value the earlier that the consultants get it. In other words, when we expect to get the plan or plan's various alternatives any, we've been expecting to get it any day for the last two weeks or so, so we really think it should be coming. At that point I think it would be good to have your input that we could forward to the consultants or to have you speak directly with them by telephone. Supervisor Valentino — I think we'd really like to see, you're waiting to get the preliminary, more detailed form coming soon? Ruth Mahr — That's correct. Supervisor Valentino — It seems to me that we'd like to review that and then probably have some input. Ruth Mahr — Absolutely. We've regarded this as a partnership with the Town all along. As you know, David Klein was instrumental in helping with the RFP and interviewing the consultants and helping us choose the consultants. So we've regarded this as a partnership all along and I presume that that's how we are going to continue. Councilman Niederkorn — Will the consultant come back to make another presentation. i[I Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Ruth Mahr — The plan is that the consultant come back at the final presentation. The next step is the intermediate step, and they will take all the feedback that they get and come up then with the final plan that they're going to come and present to the community. Supervisor Valentino — So the consultant won't be coming back in between? Ruth Mahr — That is correct unless we're willing to raise another $3,000.00. Councilman Klein — But the consultant is going to provide a set of drawings, or one drawing, or three scenarios, something that we can look at. Is he going to send it to you Ruth, are you the contact? Ruth Mahr — I don't really know. Councilman Klein — Then we could make copies. If it is on CAD he can e-mail it to the staff, we can print it out. If it is hard copy we can run multiple copies or reductions and distribute it to this board. Ruth Mahr — We assume there will be graphics this. Councilman Klein -- Then I think Public works could look at it, Town Board could look, the Planning Board could look at it to provide feedback to them while they prepare the final. Councilwoman Grigorov — It is early enough to do that. Councilman Lesser — I'm not sure exactly. what is coming back, but my expectation is that the Town's going to be expected to do a lot of detailed work on fleshing out the various proposals. Jonathan, Fred, do you get that? Mr. Noteboom — I kind of had that feeling too. Anyway, I did hear someone say they were sending a lot of information to them. Have you been researching this, Bruce, the right-of- ways and everything else and sending those measurements.. I didn't see where they had any measurements in that original thing and it was a concern of mine. Does any of this even fit, or is it just a bunch of words? Mr. Kanter — Bruce had come in and we had provided what we had here in terms of street and right-of-way drawings. I don't know how much of that will help them. Do you have any take on that? Bruce Brittain, 135, Warren Road — The information that I got was for the right-of-way width, trying to see, will some of their proposals fit, such as divergence. Narrowings will fit, but is there enough room to do diversions with any impact on private property. We sent it off and we're hoping to see it come back. But there will be, I'm not sure what level of detail we're going to get, but the level that we get on this next mailing will be a little preliminary because they haven't focused on, they're still saying there are three different ways we can go, or two different ways. What's, which way do we want them to focus and then at that point it will come back much more detailed. How detailed I really don't know. That's an excellent question, we'll find out. 15 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — So, are you waiting for something to come right now? Bruce Brittain — Yes. Supervisor Valentino — But you're not totally sure just how detailed that's going to be? Bruce Brittain — It will be detailed enough that we should be able to make a decision as to, they were looking at three different scenarios, and then which of those makes the most sense to pursue. So they will be in enough detail that we can look at the impacts within Forest Home and outside Forest Home and make an educated decision as to which way to go. Then they will flesh them out more with more of the detailed impacts on the one that looks like the way we want to go. Councilman Klein — Bill, when you say that you're concerned that the Town has a lot to flesh out, are you talking about to go from this stage to actually building it? Councilman Lesser — Even deciding what would be involved in building it. I'm not sure what the community, maybe would could ask, what's your expectation of, when you get this report, you select the preferred version. What's your expectation of what's going to happen next. Bruce Brittain - Expectation and hope are two different things. I mean, obviously, we would like to come say "Here's what they've proposed. It makes sense to us. Build it." And hand it to Fred and Dan to figure out. If we've got the blueprints we hand it to Fred, if they don't we hand it to Dan. That's the hope. I think when we went into this we spent a long time talking to Fernando about realistically what can we do and there is through the MPO some possibility of funding of various aspects. We can get, there's funding for sidewalk kind of activity. So if there's a sidewalk here, and a sidewalk here, someone will fund to connect them. But not a new sidewalk, just a connector. So parts of it we will be able to fund that way. Caldwell Road needs to rebuilt in the near future anyhow and then so because of that can we put our new vision of what Caldwell should look like on top of what was already going to happen for a modest increase or perhaps decrease if, in fact, we send it back to dirt and grass. So that as projects come up, modify them so that it is not just a big, here's the plan, implement it by this time next year. Also don't forget two of those roads are County roads so we can share the joy of implementation. Ideally we would like to see everything happen all at once but I think we realize that it will be an ongoing process as these projects come up to try to work this in. Mr. Noteboom - You provided numbers for a wider area and gave them to the consultant, right? Mr. Brittan -I'm hoping so. We provided information and we're hoping we will get information back that is broader than just if you put in a restrictor here it will restrict traffic right here, but a bigger picture of what will also be happening. Councilman Niederkorn — I'm inclined to support this request for the additional money. In fact, you know, we've been considering traffic in Forest Home for the last 40 or 50 years 16 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 and this would add to the body of knowledge that has already been assembled on that problem. The truth is we don't know in any detail what it is that we're going to have to be looking at. I think that it's certainly worth $2,500.00 to me to find out what the details are. But I'd also like it to be clearly understood that this is in no way a commitment to go ahead an march down a path towards a solution, one of these solutions. I think we are just now searching for more information, searching for options, alternatives which we are going to get here in some detail, and then we have to decided whether we want to pursue it any farther relative to all of the other things that have to be done in the Town. Ruth Mahr — Thank you, Tom, for your suggestion. What I was going to say was that we will never know if we don't get the whole study and we're $2,500.00 short we will never have a final plan to talk about costs and so forth, and implementation, if we don't go ahead. Supervisor Valentino — Financially, your short fall is getting... Ruth Mahr— Will be in the final plan, final report. Supervisor Valentino — I would like to say that I generally support Tom's idea. This is what I want to suggest just for discussion purposes. We have another meeting December 31St I think it would be interesting for us to see what this next phase of information is, to have at least that amount, and then have a resolution in front of us on the final meeting. I think I'd want to see that information before we make the final commitment. Councilman Lesser — Are you expecting that report by the end of the year? Councilman Klein -- Our end of the year meeting is more than three weeks from now. If it is almost ready, it should be ready. Supervisor Valentino — I'd like to really review that before we finalize anything. Councilman Niederkorn — Why don't we put it on the agenda for that meeting. Mr. Carvill — I spoke to Bruce about this. The $5,000.00 is still unexpended in the year 2001 budget. You have 13 days, 11 days, whatever days, left in the year. If somebody would be your request to Cathy in a very brief letter requesting it and where we have to send this check to. Attorney Barney — Don't we need a bill? Councilman Klein -- Historic Ithaca has the contract with the consultant, I believe, so they would be the one paying. Mr. Carvill — In our budget, it just says Forest Home. Supervisor Valentino — So we haven't paid that bill? Councilman Klein — Well they haven't sent us a bill. 17 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Carvill — Nobody's acknowledge or claimed it. Mr. Carvill — Historical Ithaca is a charitable organization? Attorney Barney — Historic Ithaca is a not for profit, but what we're buying... Councilman Klein — We can actually make the check out to the consultant. Supervisor Valentino — Can you folks sort that out because it's $5,000 sitting there. Bruce Brittain — I thought we had it. Supervisor Valentino — Let me know, Ruth, where that is. Agenda Item No. 8 - Consider Amendment of Special Land Use District Number 4 Regarding Food Processing and Distribution Operation at 1251 Trumansburg Road and Referral to Planning Board for a Recommendation Mr. Kanter — Well we have representatives of the applicant here so I would suggest we just go right to them and hear what they have to say. Richard Hautenami, 213 Townline Road, Groton, NY — I am an architect who is representing Susie Katera who is the owner of Vegan Epicure. What she is requesting is a modification to the special land use district number 4 for inclusion of food processing in this distribution facility. The current regulations allow for catering they do not allow for food processing. Suzie's been in business at the place where she is for the past 4 years and it's located in the basement area of the old Odd Fellows Hall in Trumansburg Road. Her place of business is in where there was a commercial kitchen. It was used previously by a catering outfit which I understand primarily served the massage school which is on-site. Suzie currently makes a vegan, a vegetarian, wheat -based baked product. What she is hoping to do is to expand her business by adding tofu production to this. The way this all came up was when Suzie first contacted me to work on a set of drawings for a building permit, we started to talk about what was actually being done on site and Andy Frost had mentioned that the current use was not an accepted use for the land use district. So, unbeknownst to her, she'd been operating a production facility in an area which didn't allow it. So, what we are doing is we're trying to see if we can modify the SPLUD4. I'd sent a letter which is attached to the documents that talked about the quantity of product that is produced and the amount of traffic that would be entailed. Currently she has a vendor who supplies ingredients and also the same vendor that picks product to distribute it, not locally but further away. The same truck that brings current ingredients would also bring the ingredients for the tofu production so there would not be an increase in traffic. Deliveries for local product would be done as is done currently, three time a week by her own van to local areas. Mr. Kanter — There is no proposed wording of the amendment yet so this is probably something that, you know, we might ask John Barney to take a look at if it does go to the Planning Board and if this Board is willing to consider the change. I would think it could be We Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 a fairly simple wording amendment to the current language that would just add food processing and distribution as a use that would be permitted. There might be some consideration as to how the other permitted uses fit in now because it talks about the catering operation and on -premises serving of food for various functions so I'm not quite sure how all that, you know, relates to this proposal. Attorney Barney - That's something we might talk about at the Planning Board. Whether we want just generally food processing distribution or whether we want to limit it to certain types of food. Moved Councilwoman Russell Second Councilwoman Grigorov Councilman Klein -- Just one question. What would the occupancy of this use be? Mr. Frost — We're probably looking at c3.1. We've been in discussions with that as far as code. Don't anticipate any significant problems since the building was originally constructed as a nursing facility so we have pretty good fire separations and so forth. Councilman Klein -- So that is industrial? Mr. Frost — Yes, low hazard. Councilwoman Russell — What are the other current uses of the site? Mr. Frost — We basically have a massage school occupying the first floor portion of the basement. They're moving into the second floor pretty much now which did have a chiropractic office. And then we have four dorming units on the third floor. Does your written resolution go on to the Planning Board, Councilwoman Russell — It's just a referral. Mr. Frost — But it will be a written resolution? Supervisor Valentino — Yes. Mr. Frost — I would just, perhaps, like to record to show that Joe Chaski, the owner of the building, has had several health related problems over the years and while this business may have been operating the last couple of years, I don't think there was any intention to side-step the law. Just as long as the record is clear for the Planning Board so that they don't take issue over the fact that... Supervisor Valentino — Right, I think we all recognize that. I don't think any of us felt that there was any real intent. RESOLUTION NO.- 2001-154 — REFERRAL OF PROPOSAL TO AMEND SPECIAL LAND USE DISTRICT NO. 4 TO THE PLANNING BOARD FOR A RECOMMENDATION. 19 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 WHEREAS, Vegan Epicure has submitted a proposal to expand their food processing and distribution operation at 1251 Trumansburg Road; and WHEREAS, said use is not listed as a permitted use in Special Land Use District No. 4, which regulates uses on that site, as adopted by Local Law No. 1, 1987, and amended by Local Laws No. `.i, 1987 and No. 7, 1993; and WHEREAS, Vegan Epicure has requested that the Town Board consider amending the list of permitted uses in Special Land Use District No. 4 to permit food processing and distribution; NOW, THEREFORE, BE IT RESOLVED, that the matter of a possible amendment of Special Land Use District No. 4 be referred to the Planning Board for a recommendation MOVED: Councilwoman Russell SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously. Councilwoman Russell — I think it is a great idea. Councilwoman Grigorov — So do I. Mr. Kanter — We actually have that tentatively scheduled for the January 8th Planning Board Meeting, Aqenda Item No. 9 — Set Public Heari Maple Avenue mendment i Traffic Ord r Supervisor Valentino — We need to set a time for the January 14th meeting. What would be a good time. Attorney Barney — Cathy, the resolution in front of you also allows amendment to the ordinance to allow the towing of vehicles in emergency. Councilman Lesser — Is there something particular about that location or is that just something we would put in all of our... Attorney Barney — No. It's to amend the ordinance in 2 ways. One is to deal with the parking issue, and then it is to allow generally in the Town of Ithaca, and I quite frankly have to study that ordinance, the ordinance may permit it at this point, but to allow the towing of emergency vehicles. Due process. The emergency vehicles is town -wide. Councilman Klein — It's two separate items. NX Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Attorney Barney — Right, one amendment accomplishing two different objectives. RESOLUTION NO. 2001- 155 - SETTING A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE TOWN'S TRAFFIC ORDINANCE CHANGING THE NO - PARKING AREA ON MAPLE AVENUE AND AUTHORIZING EMERGENCY TOWING OF VEHICLES RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 14th day of January, 2002, at 6:30 p.m, for the purpose considering amendments to the Town of Ithaca Traffic Ordinance which amendments would relocate the no -parking area on Maple Avenue and would permit emergency towing of vehicles; and it is further RESOLVED, that at such time and place all persons interested in such amendments may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than five days before the day designated above for the public hearing. MOVED: Councilman Lesser SECONDED: Councilman Conley VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously. Agenda Item No. 11 — Consider Approval of City of Ithaca Fire Contract (Attachment #4 Supervisor Valentino — We already approved the Code Enforcement part of it. The problem with approving the City Fire Contract, Dominic was supposed to e-mail me language that we wanted added to our ability to audit the City's books, fire department books, and a provision that if the books were clean, everything was alright, that the Town of Ithaca would pay for that audit and the special audit. But if there was an error that occurred that caused a 5% overpayment by the Town, that then the City would pay for the audit, which the City has verbally said that's okay with them but we don't have any language. Councilman Klein — It was in here. I did see it. Supervisor Valentino — It's not in there. I don't think so. The City didn't think it was in there. 21 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — I guess, I'd really like to go through this one more time. I guess my feeling is, I'd like to defer it. Attorney Barney — Unfortunately, the law says if you're doing a contract with a fire protection district it has to be after a public hearing. So, the resolution you have in front of you is not adopting, it's setting a public hearing. That was one I thought you may want to do at the year end meeting. Supervisor Valentino — Why don't we set the public hearing for the 31St, which means I'll have to sign an extension of the MOU with the City one more time. But I still would rather do that because this is going to be a long, long term agreement. Attorney Barney — The only problem conceivably, if you're setting it for January, what's the date of the January meeting. Supervisor Valentino — 14th I believe. Councilwoman Russell — Page 12 "Approval of Capital Budgets", "...parties agree that capital renovations in excess of $100,000 per project...", are you also saying new equipment or are you only being specific ... Are you limiting it to renovations, I guess, was my question. Supervisor Valentino — Yes. Attorney Barney — Well, new station construction too. Mr. Carvill — But I think when we had that discussion we were also pointing out that that could be a variety of a lot of little projects that add up to the $200,000.00 per annum, correct? Councilman Klein — Yes. 200's the max. Whether it's one project or 20 projects. Councilwoman Russell — It sounds like it is being limited then to renovations and new station construction. Supervisor Valentino — Over here in number 8, "expenditures in any year for new equipment costing over $25,000 shall not exceed $200,000 absent the mutual agreement..." Do you see that? Councilwoman Russell — Yes, I do see that. Attorney Barney — Cathy, weren't they going to give you language on 8 ... wasn't the agrigate going to be $200,00 agrigate period. Supervisor Valentino — Yes. We did talk about that, but we didn't change it. 22 Approved 1/14/2002 Councilwoman Russell — equipment expenditures the capital budget. Minutes of December 10, 2001 Approved 1/14/2002 I guess I'm little confused that this is maximum equipment, the for new equipment isn't being consider capital, isn't being put in Mr. Carvill — .Well I'm looking at it and looking at both of the numbers now after we've gone through this. I, in effect, see $400,000 dollar I could possibly be potentially spent in a given year. We could have a capital project which is a renovation of $195,000 / $250,00 of which only $180,000 is renovations and still fall under the $200,000 clause for the remainder for the new equipment that goes into the renovation. Attorney Barney - $100,000 per project. So if they hit the $100,000 it's got to be again joint consent. Agrigate of $200,000 it has to be joint consent to go over $200,000. Supervisor Valentino — Are proposing changes? Councilman Klein -- Are you just questioning the amount? Anything that's in the budget they basically pay 2.13 we pay 1/3. Mr. Carvill — So we potentially could look at a continuous increase of $120,000 per year. Attorney Barney — If they wanted to pay $280,000 per year. Councilman Klein -- I don't think that's likely to happen. Supervisor Valentino — We didn't see that as a big worry. They're going to be paying the bulk of that. Attorney Barney — It's a concern. In an ideal world I'd like to see us have joint... Mr. Carvill — I agree they probably never would want to incur $280,000 nor would we want to incur $120,000, but I agree with you, John, that somehow have a little bit more policing mechanism that says, you know, you just don't put it in your budget that we've got a little bit more of a voice. Councilman Klein -- The budgets have to be approved by the appropriate governing body. If we don't approve it. Under 7 we get to approve the budget. Attorney Barney — Capital budget. Councilwoman Russell — But it's not including the equipment. Supervisor Valentino — The equipment is separate. Councilwoman Russell — That's why I'm confused. Councilman Klein -- Well they're clearly different life, different needs. You may have to renovate the stations for some reason and at some point you replace the trucks. 23 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilwoman Russell — inaudible. Supervisor Valentino — Usually two different capital project budget lines. Buildings and capital budgets for renovations and buildings is one line, and equipment is a different... Attorney Barney — To go out and buy a fire engine these days is what, a couple hundred thousand dollars. Councilwoman Russell — I'm just confused because we've got this prior approval language in number 7 and we don't put this in number 8. Councilman Klein — Yea, the mutual agreement of the parties. Supervisor Valentino — They can't spend over $25,000 without our approval. Councilwoman Russell — That's not exactly the way it reads. Attorney Barney — No, you're right there. That's what I was saying. I think I understood, after you came back from the last negotiating session that they were willing to put an absolute $200,000 equipment limitation not just on $25,000. Supervisor Valentino — So what kind of wording do we need here? Attorney Barney — I would leave out "...items costing over $25,000..." Supervisor Valentino — Why wouldn't we lower that to $100,000? Attorney Barney — This is in the agrigate though. I imagine their equipment line every year is more than $200,000. Equipment includes coats and hats and all those things too. Supervisor Valentino — We'll take that back. Councilman Lesser — Small point. I think item 5 page 4, 1 think the number of years wasn't adjusted. I think it should be 6 years and not 5 years. Councilman Klein — It's got to be December 31 St 2006. Bill's right. Ms. Drake — Cathy, just to let you know this did has been sent over to our insurance. The Ithaca Agency also insures the City so they're going to look at some of the coordination. Supervisor Valentino — Because there's indication of some changes here that puts us more in a partnership mode. Councilwoman Russell — Just a typo on the 4t" line from the bottom on section 11 "...the cost of operative fire protection services..." Supervisor Valentino — I'll call Brian and get an MOU. I'll .better get one from Cayuga Heights too. 24 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilman Klein -- So, did we pass that resolution or not? Attorney Barney — No. Agenda Item No. 112 — Discuss Consultant Contract for Sewer Plant Improvements Mr. Walker — We talked last time about our problems on $400,000 that the City wanted us to approve from our FAF for Sterns and Wheler our engineering consultants and we had some very serious concerns because we already contracted with them for $53,000 on one part of the contract and $160,000 on another and we have never gotten any written or final reports from them and since that time Dan has had discussions with the City on that and now we have some new information. Mr. Walker — Yes. One thing I asked for was the draft report that was due back in 99 when we did the original contract which was actually 98. There was a logical reason for waiting a while because we were able to gather information from pilot projects that were being done in Onondoga County so Sterns and Wheler asked if they could wait until they complete those projects which would be at no cost to SJS and they would get good information for us out of that and eliminate needing pilot projects in our plant. Unfortunately they forgot to write the report after they saw the pilot projects and give us a recommendation. I had a meeting with a Sterns and Wheler representative last week and Larry Fabroni and they're going to give use the report but they're changing it from what they said they were going to do because they've re-evaluated and think they have a better solution to the problem now based on instead of using some of the existing structure that's there they took some time and thought about it and realized it may cost us more to use the old structures that it is to build new. So they're going to bring us a report on what they really feel will be the most cost effective way to deal with the phosphorous removal tertiary treatment. I've also asked for, from the City, for information on what they've already paid Sterns and Wheler because it's been very confusing. We started out with a contract and master plan for the waste water plant and then the integrated sewer system idea came together with the bond act applications and Sterns and Wheler has been doing a lot of work for both the joint entity and then the new bigger group and it's not really been clear what's been charged to the Ithaca Area plant and what's being done for the environmental impact statement process. So, we wanted a firm accounting of everything that's happened and hopefully we'll get that information too. But, I'm looking for a recommendation, hopefully before the next Town Board meeting, from them on what direction to go and that should give us a more definite proposal for the final stage of the design. And I'm thinking that there re-evaluation based on the fact that there will be less structural cost plus less mechanical cost should reduce the design fees also for that phase. Councilwoman Grigorov — Are we still going to get the grant money? Councilman Klein — Have we lost out? Mr. Walker - The letter from Bill Gray, Cathy and I talked about it a couple and I reacted immediately one way and decided no I don't really want to do that. We haven't lost the money and a lot of -the delays are not because of the technical issues, it's been because of 25 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 the City's politics, basically. By holding everything up with this environmental process and their concerns about what's going to happen in other municipalities, that's what's held it up. Not us asking technical questions. There was no reason they couldn't give us this report three years ago if the City had just told the consultant to do it. Supervisor Valentino — But, anyway, we didn't lose it. Councilman Klein — What about the issue of selecting one proprietary system over another and not getting beneficial bidding. Mr. Walker — That's what this report is going to deal with. The one system takes about twice as much area and he's given me very preliminary numbers and he asked me not to make it public because of the things that are going on. Using the existing structures was going to require special designs by either of the systems. They're making a recommendation on which one is more efficient. One system will cost about $1 million less just in structural needs. That's the other thing, the whole project's going to be about $1 million more than we anticipated three years ago. Councilman Klein — This should straighten it out to some extent. Mr. Walker — Right. The idea of new construction, there is area there that the other system could come in if they really wanted to come in with a proposal for us and say we can give you a system that is equal to the one you've got designed. There's room to build it if they want to give us that design. So I don't think it excludes, or takes the pressure off of any one of the vendors to make the system as cost effective as possible. Councilman Niederkorn — Cathy, you've been very close to this whole thing, is it your sense that the 14 million dollars or the funding is in jeopardy at this point? Supervisor Valentino — Well some of the funding that was originally proposed is gone. It was gone a long time ago and they had to go back and redo the proposal. But from that point on, what was really there is still there. Councilman Niederkorn — This is probably one of the more important things that is going to happen in the next two decades and it would be terrible if City politics was responsible for it not happening. Mr. Walker — A lot of the money that was allocated in the first phase, I believe, we should have been able to collect it by now because the interceptor sewer has been completed by the City. This is the project they're saying we have a contribution in, but they've never provided any document to us that is adequate and they have not completed their application to the State for reimbursement for those projects. And that's part of the problem that we don't want to give them payment for money that is going to be reimbursed through the State project. 26 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — They've been very slow in getting their paperwork to be reimbursed for grant money that's already been approved. The City's been slow in doing that part of it. The understanding is, the Mayor called me the other day, and he says he has on his desk now the invoices and information we've been requesting now for two years that would verify that we should pay. All we've had is basically the engineers saying pay us X amount of dollars without any back up documentation or verification. And we know that they got credits from the State to reduce some of those costs. If the Town is guilty of dragging our feet and slowing up the process it's only because we've been demanding that we get proper information that even the consultant engineers said, "yes, they're absolutely right". We're just not going to cave in to the threat until we get the information. There's some really good news, too. Our negotiations with Cayuga Heights over their partnership, coming in as full partners and us taking over responsibility for their plan, has been going very very well. They've been really cooperative. That part of it has been going very smoothly. Hopefully the City's going to come back in our next meeting with, we sort of said to them, you need to come back with a united voice on what you want to do about your excess capacity. Our last sewer meeting was very productive. So, it's not all gloom and doom. Agenda Item No. 113 — Consider Authorization to Execute Lease with Nextel Supervisor Valentino — The lady from Nextel called me today. They're very eager to start their construction and they are wondering if the Planning Board does their approval... Mr. Kanter — The Planning Board has approved this. Mr. Walker — It's got to go to the ZBA on the 18tH Supervisor Valentino — Okay, she's confused about when it is and which board it is. Supervisor Valentino — She's wondering can they start construction right after that? Mr. Walker — I just received plans today. The actual construction documents, and there's a couple details I want to review with them as far as how they attach to the tank, and so on. Councilwoman Russell — Don't we need to negotiate the terms of this lease agreement with them. Attorney Barney — We're in the process of doing that now. Councilwoman Russell — Isn't that something for executive session. Attorney Barney — The terms, in terms of dollars, I don't think are going to change. I'll try again. Councilman Klein — What is the amount they're offering? If it's so low we don't have to do it. 27 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Supervisor Valentino — It's not that low. Councilman Lesser — Wasn't it mentioned during her presentation last time? Attorney Barney — There's nothing standard in this business it's what the market will bear. It was $1,100.00 per month. Supervisor Valentino — So, Dan, you need to talk to them a little bit. And we make sure we're settled with the lease agreement. Mr. Carvill — What's the duration of the lease? Five years, 10 years? Attorney Barney — 20 years. Mr. Carvill — At a constant rate of $1,100 over 20 years? RESOLUTION NO. 2001- 156 - AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEXTEL FOR INSTALLATION OF TELECOMMUNICATIONS ANTENNAE ON THE SAPSUCKER WOODS ROAD WATER TANK WHEREAS, the Town of Ithaca has agreed in concept to the installation by Nextel Partners, Inc. ("Nextel") of several telecommunications antennae on the Sapsucker Woods Road Water Tank, subject to the obtaining by Nextel of the approvals of the Town's Planning Board and Board of Appeals; and WHEREAS, the Planning Board and Board of Appeals have both granted the necessary approvals for such installation; and WHEREAS, Nextel has submitted a proposed lease for such installation, which lease is in the process of being approved by the Town Supervisor and the Attorney for the Town, a copy of which has been submitted to the Town Board for review and consideration; and WHEREAS, it appears to be in the interests of the Town and its citizens to authorized such installation; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby approves the proposed lease agreement with Nextel for the installation of telecommunication towers on the Sapsucker Woods Road Water Tank at a rental of not less than $1100.00 per month; and it is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and either hereby is, authorized to execute the lease agreement with Nextel on behalf of the Town, such lease to be in such form as the person executing same may approve with the advice and assistance of the Attorney for the Town; and it is further Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 RESOLVED, that the execution of such an agreement by the Supervisor or Deputy Supervisor shall be due evidence of the approval of same by such person. MOVED: Councilman Klein SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser; aye; Councilman Niederkorn, aye. Motion carried unanimously. Agenda Item No. 14 - Discuss Residents Petition for Speed Limit Reduction of Culver Road (Attachment #5) Supervisor Valentino — We've gotten a petition from residents for a speed limit on Culver Road and it's always been our policy when we get petitions like this from people that we put them on as a regular agenda item. They are proposing a, does that road have any speed limit at all on it? Councilman Klein -- 55. Mr. Noteboom — It's a very low-volume road. Supervisor Valentino — I guess the State's been reluctant. Mr. Noteboom — Well, they do a regular engineering study and I'm sure that road won't fall in their nice little categories, but it's based on the number of business, the driveways, number of houses Supervisor Valentino — But don't they come to visit. Mr. Noteboom — It's very hilly, curvy... Supervisor Valentino — ...short sight distances. So could we put together a letter to the State and ask them to look at it. Mr. Noteboom — Yes. Agenda Item No. 16 — Discuss the Format for Postinq the 2002 Budget on the Web Councilman Lesser — I just want to say it was a pleasure to see the article in the Journal regarding the new website. Supervisor Valentino - We've been getting some very nice comments on how nice the website is. Lisa Carrier-Titti presented, for board review and comment, the format of the 2002 Budget as it will appear on the Town of Ithaca website. 29 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilwoman Russell — Is there any initial, very general, explanation of the funds that are in the budget? Mr. Carvill — It's not customary, but it's not to say that it cannot be done. It is in the Town annual year-end financial report, December 31s' for the year, describing each one of the individual funds, its function, its purpose and what it utilizes in revenue and expenses and its resources. That's not to say that we could not incorporate that. Councilwoman Russell — I don't know how much detail you want to go into, but just a general explanation. Councilman Lesser — That would be very helpful, I think that's a good suggestion. Agenda Item No. 17 — Discuss Preparation and Posting of Board Minutes (Attachment #6) Councilwoman Russell — This has been a discussion that has been going on for quite some time. Actually, I think it dates back to the old Town Hall days, as to what to form we want to keep minutes in and now, especially, what form do we want to post on the website. Tee -Ann brought forward concerns, specifically about privacy of our citizens and the way we're keeping the minutes. Specifically, what we were calling verbatim were not really verbatim minutes because they were not capturing everybody's comments, they were being edited, and it turned out that actually only two municipalities in the entire state try to keep verbatim minutes. The vast number of municipalities try to keep summary minutes. Tee -Ann actually addressed a question specifically to Bob Freeman about his comments on how to keep minutes and what should be posted on the website, and you all have a copy of this article in your package tonight. So we discussed this at our last Records Management meeting and, I think, what came out of that meeting was a concern expressed by some of the departments as to, well, some of the departments felt as though there was some utility to keep the minutes the was we have been keeping them. So we were thinking at that point that perhaps the minutes should be kept in two separate forms for a trial period. I was not at the SAC meeting that followed that meeting, and I understand that there was some discussion about that and so I will turn it over to either Cathy or Tee -Ann to update you as to what the recommendation was coming out the SAC. Tee -Ann Hunter — Coming out of the SAC meeting it was decided that the Planning Department felt a real value in the verbatim minutes and for the meantime we would continue in our current practice of preparing the minutes in a verbatim manner. It wasn't discussed in the SAC meeting, but outside of the meeting I spoke to Andy regarding the ZBA minutes and he was not opposed to having them done in the summary fashion. With the regard to the Town Board minutes we were going to begin a pilot project of preparing them, for a couple of months, in summary fashion and then in verbatim fashion so that the Board could have both of those in front of them and compare them and see if they were losing much information. I think one of the things when I was talking to Andy we just discussed that we certainly have the space and capability to save tapes for years and years, and I don't really thing the outlay in purchasing tapes is comparable to the man 30 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 hours that are con,�umed in transcribing verbatim minutes. And so, we can keep tapes for years, we certainly have enough space. Supervisor Valentino - How well do tapes survive for years? Tee -Ann Hunter - I think if they are played, tapes survive well. Andy Frost - I've got tapes that are 30 or 40 years old. If they're maintained the controlled atmosphere like we have in the vault. The constant replaying starts to degenerate the quality of it. Councilman Klein -- Just keep the tapes. Andy Frost - This conversation is not new, we have gone through this in the past. We at one point had Zoning Board minutes that were not even a decent summary and we really had problems with that. Ultimately, from my perspective as the enforcement officer, I'm basically looking at resolutions and that's what we're basically expecting people to comply with. The chit chat: or discussions that go on between that really doesn't have a whole lot of bearing on what: we're looking to enforce. I would think that in the case of a lawsuit, then I think the tapes become very important. Attorney Barney - You have to be very careful because if you keep tapes and written minutes of any sort, you may find the tapes contradict your minutes. The official record is actually the minutes and I would discourage maintaining tapes for any length of time once you've transcribed the minutes and had them approved by the body that the minutes relate to. Mr. Frost - What's the definition of verbatim minutes, then? Attorney Barney - Verbatim would mean word for mean. Our minutes are not verbatim, but our minutes are certainly more detailed than, normally, they need to be. Mr. Frost - So perhaps one of the questions, then, is if we're looking at verbatim minutes it would be theoretically the same thing as a tape. Then the question becomes, do we want to have verbatim minutes. Councilman Klein -- No. Councilwoman Grigorov - I really think they are misleading. It's not exactly what we said, it's not what anybody said. Ms. Hunter - Grammar is corrected, and who knows if in the process of correcting grammar we're not changing meaning. Councilman Klein - The resolutions are truly what's binding. Councilwoman Grigorov - Yes. 31 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Attorney Barney — Also, the commentary is relied upon from time to time. Particularly if you have something coming back before a board that was acted upon, I think of the Zoning Board when you have an approval for a time-limited variance for 5 years and there's a lot of discussion when you come in the first time and we get those minutes and look at them... shortens the discussion quite a bit. Councilwoman Grigorov — You can go back to the tapes for that. Councilman Klein — But you've got to listen for hours and hours till you get right where they are. Attorney Barney — How are you going to get the tapes to the Board? The Board can sit in the meeting and listen to tapes? Ms. Hunter — Well, one would hope that the Board sat every month and read through 65 pages of minutes. Attorney Barney — What I'm suggesting, I don't think you want to maintain tapes for any length of time if you're going to go to any kind of dialogue. Councilwoman Russell — What I think we were thinking, John, is that there would be some sort of a summary of the discussion. Attorney Barney — Once that's done, it becomes the official record. Once that's approved, at that point the tapes should be Councilwoman Grigorov — It doesn't seem quite right to be destroying some kind of evidence because it might contradict what we said here. I mean if we contradict it, we should know it. Attorney Barney — Then you shouldn't have approved the minutes in the first place. Councilman Lesser — I can appreciate the difficulty if you have essentially two authoritative versions which aren't identical. You can get into a great deal of difficulty that goes well beyond what the underlying matter is. I think we ought to avoid that situation Councilwoman Russell — So what are you suggesting? Councilman Lesser — I'm suggesting, maybe the most expeditious thing to do would be to have official minutes which are just the formal actions that we take and then retain the tapes in case there is any question about dialogue or issues like that. Councilwoman Grigorov — That's a good idea. Councilman Lesser — So there's not a contradiction. We can do it rapidly in that way. All of the very significant matters, what were actually passed. If an issue should come up in the future about what our intent was, or whatever, we have the best source available. 32 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Ms. Hunter — If there was no formal action taken, then there would be no discussion? Councilman Lesser — I guess you would say it was an agenda item and it was deferred or postponed, or something of that sort. Attorney Barney — Put a sentence in, there was discussion and no action was taken. That's it. Councilman Klein — Can you index the tapes in any way? I'm just thinking in terms of retrieval. How do you avoid sitting down and listening the 3 hours of tape to find out what you want. Can you use the counter or something? Councilman Lesser — Would it be possible if you labeled each tape that when you had the minutes that you indicated the tape number that that, because you would have to listen presumably to the gapes to know exactly what the voting was. Ms. Hunter — You could certainly index each side as to topics discussed and the order they were discussed. Councilman Klein -- Are we talking about all the Boards? The Planning Board, ZBA? Mr. Kanter — I hope not. Ms. Hunter — My major concern came about when we started talking about posting things on the web. I guess thing that became critical seemed to be a privacy issue. Just a matter of people who took. the time to come and formally address their boards, perhaps they did not want to have, as a result of that interaction, their name slammed up on the web. Or ZBA hearings when financial information is disclosed or family information is disclosed. That those sorts did not want to get posted on the web. Then we just started talking about this in general. And I guess I had a little discomfort with the way in which the Clerk's office was in the habit of preparing the minutes just because of some editorial liberty. I didn't want to have that kind of authority. That's where it all started. Marty Demarest — I wanted to throw out one possibility which would be to put it over to CD form which would is more stable. Mr. Carvill — Lisa, do we have that equipment? Ms. Carrier-Titti — The Town does own a CD burner, we would need to buy another piece of equipment just to transfer from tape to CD. Supervisor Valentino — Our discussion is really supposed to be centered around the posting of the minutes on our website. Councilwoman Russell — I think what's been suggested is that only the resolutions, and the actions, and the votes will be in the minutes. 33 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Kanter — The question was asked, I think by David, are you intending this to be for all boards because I still don't think the conversation is been even taken to the Planning Board. If that's what you are planning on doing I think the Planning Board should itself have some opportunity for input on that. And my personal opinion is, I would like to see the Planning Board minutes kept in the same form that they are because they are used quite a bit by both the Board and staff and, for historical context, especially, you know, when you go back 5, 7, 10 years to in some cases the same project that comes back in another life or another form or another phase or a different project on the same property it is very very helpful to have that, you know, the in depth dialogue. Especially, some of these only go as far as sketch plan discussions and you're never going to have a resolution for a sketch plan discussion. Supervisor Valentino — I'm kind of concerned about having them be so cut and dry. Let's decide what our official, written minutes should include. Councilman Lesser — I don't think we can separate different sets of minutes for different purposes. I think we have got to have one record. We can't have one for internal use, and one for external use. My understanding of freedom of information doesn't allow us to do that. In terms of your situation, the fact to refer back, you know, I can appreciate that, but recognize that right now it takes Tee -Ann and the staff a tremendous amount of time, I'm sure, to go through and type this up. It takes us all a long time to read and to check it. Wouldn't it, in the end be less time if you wanted to find out about our discussion on one of these issues, ask Tee -Ann to go and search through and find the CD and either transcribe something verbatim or play that thing for you in an auditory sense. So it may take you, at that point in time a little bit longer, but nonetheless overall the amount of time that's involved in maintaining an accurate set of minutes would probably be substantially less than it is now. Supervisor Valentino- I know in the past, when I've wanted to, I've read the minutes and then I've said well, boy that still isn't the way I remember it, and then we go and dig out the tapes and find it and stuff and is not the same. And we do that fairly frequently. Councilwoman Russell - ...that's the whole thing that started this discussion off. Tee -Ann's having such a hard time, because it is so difficult to create these minutes. She's creating them, she's not... Councilman Klein - How many hours are spent? Ms. Hunter - Carrie just whips them. Councilman Klein - What is that? 4 hours, 6 hours, 8 hours? Ms. Hunter - Oh, no. A whole week. Councilman Klein - A whole week to do one meeting? Ms. Hunter - Oh, yea. 34 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilwoman Grigorov - Wow. Supervisor Valentino - Not full time. Ms. Hunter - No, that's interrupted by answering the phone, doing a dog license. Like, Lori Quigley who we just hired, is a fine typist, used to transcribing, she did the Planning Board Minutes and it took her two weeks. So, it takes a long time and there are all kinds of judgment calls that you are making during this thing. And it's the judgment calls, it's not the amount of work, that is not the issue, it can be done, it's the judgment calls that are made along the way. Maybe we need to back for a second and thing about what John said. John, in there current state, compared to the tapes, I don't see how they're any more or less potentially litigious than a set of summary. In fact, I think they're probably even more frightening now than they would be as summary minutes, because there have been these judgment calls made along the way. Attorney Barney - I'm not sure I understand what the difference between summary and what you have right now. Councilwoman Russell - That's why I think we want to go to the pilot program. Councilman Klein - But I think we're talking about just the Town Board, Supervisor Valentino - The Planning Board and Zoning Board of Appeals have top make their own decision. Councilman Klein - I really agree with Jonathan that for so many time, even this board has had copies of old Planning Board minutes when we're dealing with other issues that come up and . re -zoning or whatever, I think there, even though there may or may not be a resolution but I think the content of the discussion gets you to understand what transpired. Councilwoman Grigorov - But you wouldn't want to post them. Councilman Klein - No, you wouldn't want to post them but I wouldn't want to change that. Ms. Hunter - Regarding posting on the web - We were talking about and not even entitle it minutes, it would be formal actions. Town board actions and then list the resolutions and the votes. That's what we had talked about doing on the web. Councilman Klein - So we would do away with these entirely, the lengthier minutes? Ms. Hunter - Not during the pilot program. Councilman Lesser - So the pilot program is the hard copy as it is now and the posting to the website is only the agenda and the official actions? Councilwoman Russell - Correct. Councilman Lesser - Okay, what are we going to decide? 35 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Ms. Hunter - You are going to get a summary, so that you can compare a set of summary minutes as we would prepare them to these more lengthy minutes that you currently have and see if it is going to serve your purposes. Councilman Lesser - What are we doing with the auditory copy? Ms. Hunter - I just keep these for 6 months and then I get rid of them. Supervisor Valentino - That's what we have always done. Supervisor Valentino - So is everybody alreight with that? Councilman Klein - 6 months? Councilwoman Grigorov - Probably two months. Supervisor Valentino - Two months, talk about it, see what we want to do, if we want to change something. But let's try it for a couple of months and see what it looks like. Councilman Klein - You want to summarize that one more time. Supervisor Valentino - Okay, this is my understanding. Let's see if I have got this right. First of all, we will get a copy of the Town Board minutes in the same format that you have been getting, alongside of that you will get a new version that's a summary version for you to compare to see what you think, along with that what I think as far as the approval process goes during that time, the minutes that we approve should still be the longer version. Then, on the website, we will post only the agenda and the resolutions, the actions that were taken. Councilman Klein - So it will be resolutions or votes taken? Supervisor Valentino - Yea, and that's all that will go on the website. So they have nothing to do with the official minutes. Councilman Niederkorn - Now who is the lucky person who gets to do the summary? Councilwoman Russell - It's probably Tee -Ann. Councilman Niederkorn - You're the one? Ms. Hunter - Yes. Ms. Hunter - Ideally, ultimately whoever goes to the meeting should do the summary minutes. That's another thing, we have people who didn't attend the meetings preparing the minutes. 36 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilman Klein - Jonathan's been doing summary minutes of Codes and Ordinance and he's been doing an excellent job. Basically those meeting are two, two and a half hours, and it's all discussion, we don't have too many people from the public, but it is a fairly large committee, and Jonathan in two or three pages really captures the essence of the discussions. I think that's a very good example to follow. Councilman Lesser - What you said, I understand. What happens during this trial period if somebody comes under freedom of information and says, I want a copy of the minutes? Supervisor Valentino - We give them the official minutes. Councilman Lesser - What form do we give it to them in, hard copy, electronic? Supervisor Valentino - We give them the hard copy, as we always have. Councilman Lesser - Cause I understand from going again to that session with Robert Freeman, since we, do have it digitized, if they ask for it that way we're apparently obliged to give it. Councilwoman Russell - I really don't see a problem with that, but copy, according to SARA is always on paper and not in electronic why Bob is saying that. That won't be an official copy, actually. Supervisor Valentino - But if they want it. Attorney Barney - But if we have it. Supervisor Valentino - Are we all set? Councilman Klein - More or less. Agenda Item No. 18 - Consent Agenda know that the official format so I don't see Supervisor Valentino - Is everybody okay with everything that's on the consent agenda? Councilman Klein - Except for, can we pull (e). Councilman Lesser - I'll move the rest of the consent. Supervisor Valentino - On (d) the Association of Towns Training School we didn't have any names written in, did we? Are there other people tonight that want to go to the Association of Towns meeting? Let's pull that until the end. RESOLUTION NO. 2001 — 157 (a through i) Consent Agenda Items. BE IT RESOLVED, that the governing Town approves and/or adopts the resolutions for Consent presented. Board of the Town of Ithaca hereby Agenda Items Numbers through as 37 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001-157a—Town Board Minutes of November 8, 2001 WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board Meeting held on November 8, 2001, to the governing Town Board for their review and approval of filing; NOW, THEREFORE, BE IT RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meeting held on November 8, 2001 as presented at the December 10, 2001 board meeting. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001=157b = Town of Ithaca Warrants. WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 4276 through 4435 General Fund Townwide General Fund Part Town Highway Fund Part Town Water Fund Sewer Fund Maple Ave Reconstruction Risk Retention Lighting Districts 110,905.76 1,886.06 358.14 2,959.43 148,701.04 2063 057.99 447.50 1,129.75 Approved 1/14/2002 TOTAL MOVED: SECONDED Minutes of December 10, 2001 472,445.67 Councilwoman Grigorov Councilwoman Russell Approved 1/14/2002 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001-157c — Bolton Points Warrants. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers : 685 through 697 and 700 through 773 Total $1502971.42 MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001-157f — Approval of Attendance at The Complete Course on OSHA Recordkeepin . WHEREAS, The Complete Course on OSHA Recordkeeping seminar is being held in Syracuse, NY, January 23, 2002; and WHEREAS, attendance at the said program will benefit the Town of Ithaca by providing additional training to Judith C. Drake, Human Resources Manager; now, therefore, be it 39 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 RESOLVED, that the governing Town Board of the Town of Ithaca does hereby authorize the attendance of Judith C. Drake, at The Complete Course on OSHA Recordkeeping seminar, to be held in Syracuse, NY, January 23, 2002; and be it further RESOLVED, the $199 program cost for each and other associated costs shall be expended from A1430.410. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001=157q - APPROVAL OF FLOATING HOLIDAY FOR 2002 WHEREAS, there is an annual poll conducted of all town employees to determine their preference for the next year's floating holiday; and WHEREAS, the majority of the combined employees of Town Hall, Highway, and SCLIWC have indicated, Friday, July 51 2002 as their preference for the floating holiday; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Floating Holiday for 2002 as Friday, July 5, 2002 as requested by the majority of the employees. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001=157h - HOLIDAY TREE PICK UP WHEREAS, the Town of Ithaca Highway Department will be picking up holiday trees for the residents of the Town of Ithaca; now therefore be it RESOLVED, that on January 22, 2002, the Highway Department will pick up holiday trees for the residents of the Town of Ithaca. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously RESOLUTION NO. 2001-1571 — Promotional Appointment Motor Equipment Operator WHEREAS, there is presently a vacant full time Motor Equipment Operator position in the Highway Department, do to the retirement of Robert Strosnider, November 2000; and WHEREAS, the Human Resources Manager and Highway Superintendent after interviewing, have determined that Donald (Mike) Beach, Automotive Mechanic Assistant, possess the necessary knowledge, skills and ability to satisfactorily perform the duties of a Motor Equipment Operator and make the recommendation for appointment; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of Donald (Mike) Beach as a full time Motor Equipment Operator for the Highway Department, effective December 16, 2001; and be it further RESOLVED, this is a 40 hours a week position, at the hourly wage of $15.27, which is an estimated annual salary of $31,753.80, in Job Classification "K", with full time benefits; and be it further RESOLVED, if the said successfully completes the mandatory 8 week probationary period, there will no further action required by the Town Board. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously Councilman Klein - The reason why I asked (e) to be pulled, I think there has to be a little bit of discussion about this. This is the first time in my knowledge that we have any employee actually attending a course that has fairly long horizon. I mean we're not talking about a two-day seminar in Syracuse or a Planning Federation so there's quite a bit of commitment on an employee's part to take a course. It seems to me that maybe we ought to think about it as a policy. You know, is this an employee request, is it a supervisor request and what type of performance do we expect in return from and employee who is taking a course at the expense of the Town. It's not directed at the individual here it's just really sort of a general policy issue. 41 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Carvill - My expectations with this when approached with this is with any employee advancing their working knowledge or their abilities are often courses which are not available to us through the Stated program. This course has arisen at TC3 and certainly in speaking with the employee, and the employee's desire or willingness to take a full semester class, the commitment has been expressed and the desire in exchange my expectation would be certainly a passing grade. Councilman Klein - I think in private industry sometimes there is a reimbursement situation after satisfactory completion of a course or some kind of other way of setting it up. Mrs. Drake - Our current policy, David, and actually it is spelled out in Town law, we're not allowed to pay for somebody going back to get an associates degree, a bachelors degree, we can pay for specific courses, seminars or conferences. I don't think our intention is to send Debbie back to get her associates degree in accounting. I know Bolton Point currently has a school policy where they will actually send an employee back to get a degree and they, do have to provide back a passing grade and a commitment on their part to stay for a period of time thereafter. I don't think that's a policy we're going by with this. Councilman Klein - What does our personnel manual say? Mrs. Drake - That we will pay for conferences, seminar, or courses that are subject to the course of work. It's not specifically spelled out that we will not pay for a full degree, that is actually spelled out in Town law. Councilman Klein - But how about a satisfactory completion? Mr. Carvill - There's no language in our policy. So long as it's job related courses. Councilman Klein - What if we pay the amount of money, I assume it is 12 or 14 weeks of course work, the employee attends half the classes or doesn't pass, I mean we're just out of luck? Mr. Carvill - Under our present policy I don't know how to address that question. Attorney Barney — To put it slightly different. Supposing you sign someone up to go to New York City to the Association of Towns, the cost of which is probably for each individual more than the course. David Klein — For sure, absolutely. Attorney Barney — And the person attending any of the courses are in a meeting spends their time down at the Walnut Rink at Rockefeller Center. There is a certain level of personal responseability and I think you would not be authorizing this unless you thought the individual would ....... David Klein — This is not directed at the individual. Attorney Barney — Again, I would think this is a matter of importance. 42 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 David Klein — Exactly, but I think maybe I would like to refer this to the Personnel Committee to consider perhaps a little tighter language. Maybe it is understood and obviously Al, in this case, yes, you expect a passing grade, but I think the Personnel Committee should consider a little more definitative language in terms of the expectations. There certainly is an element of trust here, but I think there should be some expectations for the performance for the part of the employee who is getting the opportunity to advance skills and education and is beneficial to the Town because we have a better trained work force. Catherine Valentino — In the meantime are you okay. David Klein — Oh yes, I would like to approve whatever it is. Judy Drake — I think there is another part of this, if I can just address it also that will have to be discussed in policy is her time while she is at class, David Klein — These classes were 6:pm. Al C. — They are evening classes. Attorney Barney — Is she being paid for this. Judy Drake — She should be. David Klein — Overtime to go to class. Judy Drake — It is comp time. If you were sending somebody to training, you are considering them being on the clock during that time period. David Klein — How ,about homework. Judy Drank — During conferences, seminars and stuff like that is paid time. Attorney Barney — We are not requiring her to do this are we, or are we? Judy Drake — It doesn't matter whether it is required or the employee asks if it is job related. Judy Drake — We sent Cindy last year to TC3 to take a course on Justice, but anyway she did go last Fall to a course the whole time and we did pay for it, and we did compensate her. Catherine Valentino — You mean this is like two hours once a week or something. David Klein — 6:00 to 9:00. Attorney Barney — More like 4 hours — 6 p.m. to 9:50 p.m. 43 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Al Carvill — It is a full 3 hour semester.. Judy Drake — It is a 12 -hour credit course. Association of Towns Annual Meeting Cathy Valentino — OK, the Association of Towns Attendees are Mary Russell, Carolyn Grigorov , Al Carvill, and myself RESOLUTION NO. 2001-158 - NYS ASSOCIATION OF TOWNS 2002 TRAINING SCHOOL & ANNUAL MEETING WHEREAS, the NYS Association of Towns will be holding their 2002 Training and School and Annual Meeting on February , 2002 in New York City; and WHEREAS, the attendance at said Training School and Annual Meeting by various Town Officials, Department Heads and employees will benefit the Town of Ithaca by providing additional schooling for these said individuals; now therefore be it RESOLVED, that the Town Board hereby approves the attendance of the following individuals at the NYS Association of Towns 2002 Training School and Annual Meeting to be held in New York City on February , 2002; and be it further RESOLVED, the Town Board also approves the payment for overnight lodging; the registration fees; meals' and travel on the cooperative municipal bus for each individual attending the said Training School and Annual Meeting, Attendees: Supervisor Valentino, Councilwoman Russell, Councilwoman Grigorov, Al Carvill MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Motion carried unanimously Report of Town Committees Purchase of Development Rights Bill Lesser — The proposal has gone out to the prospects who have had it for several weeks. We need to make an arrangement now to go and meet with the family. Hopefully, that will be possible to do that before Christmas, but we will see. In addition to that, very briefly, I went a few weeks ago to George Frantz's presentation on the County Purchase Development Right Program. Basically, the County is a different objective here, they are Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 looking at maintaining Agriculture as an economic activity within the County, and hence, they are targeting only the best Agriculture land within the County — total of about 42,000 acres. There is only a fairly small amount of it in the Town which is in our far northwestern area. There are anticipating for this plan since some 5 or 6 different nodes that the acquisition cost of today's prices would be roughly 20 -Million and they are anticipating an additional 20 -Million Dollars of other associated costs, appraisal costs, legal costs, and so on. So, with a 40 Million Dollar Price tag, and I gather they don't have any money set aside, not anticipating anything is going to be happening immediately, but they do indeed have a well developed concept. Public Works Committee. David Klein — I think a number of those things were already covered tonight. Obviously, I think the biggest news will be the developing plan for the Highway Facility, Dan Walker — I passed out a possible schedule which is a little ambitious and I think we are going to end up pushing it back a month. We are looking at completing the project Fall 2002. We do have the schematic designs have already been started by the consultant, even though we have not quite signed the contract yet. They have been very cooperative and trusting us to move ahead. We'll get out legal situation straightened out and we will be all set. We are looking at completing the schematic design the middle of this month. We are having another meeting with the architect on Thursday, he has met with the staff at the Highway Facility once to gather information and he is putting it together, and coming in on Thursday. Hopefully, we will have the schematic design pretty well nailed down to match what we had in the program originally, and we looked at starting the preliminary design by the end of December. The next decision point for the Town Board would be after the preliminary design is put together and we get the cost estimates in. I don't think the committee has a problem with going ahead from the schematic to the preliminary because it is pretty straight forward to what we are doing out there. The architect seems to want to move ahead rapidly, we are looking at being able to complete the preliminary design, with cost estimates. Actually, the preliminary design by the end of the year, and then by the 7th of January with the actual cost estimates, so that we could bring that to the Town Board now that the meeting is the 14th of January, definitely by the 14th. And again, this is our proposed schedule, we are going to be meeting with the architect this week to confirm that he can put the resources on to do that. Once the Town Board authorizes the projects, which could be done, shooting for the January meeting. That would kick off the opportunity for permissive referendum process which is, it shows 24 days on here, it is actually a 30 calendar day process. The MicroSoft project likes to work in work days, so the 24 da s is actually 30 calendar days. You can see that by the date - If it starts on January 8' and ends on February 8th. There is a Planning Board meeting on February 5th, but that review can be in conjunction with the permissive referendum. So, hopefully, on February 5th we'll make a presentation to the Planning Board and having an approval there. The next Zoning Board is not until, I believe, the 18th. Andy Frost — We do not have a schedule adopted for 2002 yet. Dan Walker — We will be ready whenever you are, I hope. Even if we didn't have a Zoning Board we could conceivably get a final design authorization from this Board on the ng 45 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 assuming that the Planning Board found the proposal acceptable without problems so that we can' move into the final design and construction document phase starting after the February 11th Town Board meeting. If we could get the final design process started at that point. If the Zoning Board wanted to see they would be incorporated into the final design. That would allow us to start, if we can get it done in 20 days, and we are looking at, probably then instead of March probably looking at an April bidding date. We would probably put that out to bid for 15-20 days. The size of the building that we are talking about — if it was on the street for three weeks that should be plenty of time to get a bid. David Klein — Probably the award of construction contract is April 5th. You are probably 4- 6 week premature here. Particularly with out internal approvals, production of the documents, and then the 30 day window waiting for the permissive referendum. Dan Walker — This is always assuming that the estimated preliminary budget from the architect comes in within our budgetary constraints. Fred Noteboom — We have to set goals. David Klein — The project would probably take about 6 months to build, which is 9 months. Dan Walker — 130 days was a little off on that. Dan Walker — Again, the project is pretty straightforward — the architect said they are anxious. to move, they don't have a lot of, apparently, other things going on right now. We will talk to Mr. Barney later. David Klein — You authorized signing the contract. Al Carvill — I just need the contract prepared. David Klein — I think the only thing you have to realize we are not up to the permissive referendum. We are only through schematics or part of preliminaries. Dan Walker — We will have preliminary design. David Klein — So, we are talking about 35% of $140,000.00. That's sort of our exposure up to the permissive referendum. Dan Walker — We will be spending around $40-45 thousand to get to that. David Klein — If we have a permissive referendum then we have to wait until that is held. And then if it is defeated, then our exposure at that point is 35% of $140,000.00. Dan Walker — Or we rework the project. We need to spend that amount of effort to come to a good estimate. I can go out tomorrow and say lets put Three -Million Dollars out there, but I'm pretty sure we would get a permissive referendum then, but we don't have that kind of budget to work that. EEO Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Al Carvill — One of the things that this report needs to include, I see a very tight constraint here. Award construction on Friday, the Stn, and we break ground on Monday, the 8tn Where do you propose to get a Million Five in three days. Dan Walker — We are not paying them the Million Five until December. Al Carvill — The point that I want to make out to you is that once the contract is awarded and we know who is going to do it is at the juncture, and there is some discussion papers here that Cathy and I have already worked on in trying to give the board a feel of where is this cost going to c longterm on a 20 or 25 Serial Bond and its tax impact. It is going to take bare bones minimum of 5-8 weeks to get a Serial Bond to get the financial advisor to draw the bond. But, you are going to have money up -front. Where do you propose we get that? Dan Walker — My understanding is that in this process, because we have to have professional services to develop a plan to come up with a good budget, that we are taking money out of the General Fund to pay for the additional consulting architect's fees that will be reimbursed by the Capital Fund once we have a project fund established, and by the February and March dates we should have a pretty good handle on the cost and that would be the time we would have to initialize developing the funding for this project — we are not going to wait until we issue a contract to have the money in the bank. Al Cavill — That becomes part of the bond perspective. That has to be the bank, because I have already spoke with Tompkins Trust and they have already committed themselves to us by taking advantage of the opportunity, and they will commit to it, but one of the things that a financial institution wants with the perspective is "what is a valid contract", where are you going with that. Dan Walker —1 think what they really mean is what our estimate of the total project cost will be, which we will have after the approval process to go ahead with the project from the Town Board. Al Carvill — So what: juncture in this plan do you propose that I do that? Dan Walker — That's what I'm saying, the final design and construction document phase with the final design authorization, that's when we are going to have to start, which would be in March or April. Attorney Barney — We should have a pretty solid number in this sequence here just right after the public hearing. Al Carvill — February. Attorney Barney — February, looks like March, no it looks like January 7th David Klein — Line 39. Attorney Barney — Line 39, 40. 47 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Dan Walker — Right. Attorney Barney — If the Town Board's authorization of project it figures the 30 -day period running.where people can request a public referendum . David Klein — We'll have to know how much money we are borrowing and approximately how much rate and what impact it will have on our budget. Attorney Barney — We don't want to start that road with the wrong number and have to go back and do the process all over again. Al Carvill — That's what I am asking you. Dan Walker — This is still very preliminary because we have not gone through with the architect yet. As soon as we get the final schedule Fred and I will be working up the cost and also the phasing of where we can see the cost coming in. Fred Noteboom — We actually put this together to generate these kinds of comments. Al Carvill — That's fine just so we have ample time, because John Barney is going to have to write the opinion too. David Klein — What do you expect the rate to be? The interest on the bond. Al Carvill — Well, in trying to answer the question as presented to you in a 20 year issue and a 25 year issue. The yellow is for 25 and the greens are for 20 years. In trying to address the question where would the tax rate fall and what would be the least expensive to borrow, 20 or 25 — a 20 -year bond issue for 4.95, and a 25 -year at 5%. If we looked at them together, if we compared one to each other the monthly premium payments are basically the same, principle and interest. However, when we are done with the .5 Million Dollar project it ends up costing us almost 2 -Million versus 1-1/2 Million at 1.6 Million or something. So, it is pretty easy to determine that a 20 -year issue would be a little bit cheaper, even though it may make greater impact in the tax rate itself, so if we looked at the green plus funding that was being provided from water and sewer benefit at the Public Works Building, the net portion of that will be raised in the general fund tax rate, and that came out to be .0856 per thousand. David Klein — This also assumes that budget increase isn't offset by anything else. A flat revenue basically, and there are no other cuts. It could be off -setting, or if the sales taxes rebound. Al Carvill — Certainly, if we want to fund more reserves. Cathy Valentino — One of the things we didn't plug in here — we talked about the excise taxes already having been, left over, but we haven't had any money from the sale of the other building yet. We are looking at the worst case scenario right now. Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Al Carvill — We are actually looking at what could be the best case scenario to, as well, because the serial bonds are callable bonds now. The FCC requires that they are callable, so we will certainly want a clause in there that we could call our bonds anytime, which means by monitoring our budget and controlling our budget we could hold that $300,000. into building reserve for replacement of building and equipment, and as we see where we stand on the budget we could call back in $300,000, of that issue because it is being held by a primary investor, not a secondary one. In the short run we would actually be reducing the interest rate as well, by paying it off early. We're giving ourselves a scenario of a lot of flexibility of control over all of the Town money without having to expense it all out there immediately. Public Safety Committee Ms. Drake — We're actually in the midst of reviewing our draft safety manual that we hope to bring to the Board in January. Lake Source Data Sharing (Attachment #7) Councilwoman Russell — There's a report on your desk tonight, we just had a meeting on the 29th. There's a. summary of the data. Basically, they're not seeing any impacts to the lake at this point. The numbers that are being generated on their chlorofil A and total phosphorus, on the last page, show a significant lower profile than prediction made by Dr. Horn (the Cayuga Lake Defense Fund). I'd be gald to take back any questions. There's going to be another annual report coming out and I expect that to be coming out around April or May. Our consultant was at this meeting with us and he's going to be going over the statement and actually to go the DEC and to EPA and seeing what additional more specific data they could provide us with. Councilman Klein — Did the consultant have any reservations or concerns about the amount of information he was being provide? Councilwoman Russell - The only reservation he expressed was that some of these sites where the data is being collected are being averaged. Four sites, the numbers are being averaged in together. He would like to see there be separated data. He's going to try to get that data, but it wasn't provided to us. He wasn't expressing any alarm. Councilman Klein — Initially he was concerned that he was getting the information. Mr. Kanter — I think. he figures it is going to be easier to get it directly through DEC rather than through Cornell. Councilman Klein — So, so far so good. Councilwoman Russell — Yes. Vet School Replacement Project i • Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Councilwoman Russell — The Vet School incinerator replacement project is proceeding. The draft environmental impact statement on that project should be out in January. They're still doing some testing. Testing that has been going on in England on the creon issue, that's the same sort of agent that causes mad cow disease is showing preliminary results that are very positive using this sort of technology to destroy those disease causing agents: That official report should be out around the same time as EIS. Agenda Item No. 20 — Monthly Report of Town Officials (Attachment #8) Highway Superintendent Mr. Noteboom — At Public Works we discussed the slight change to our leaf pick up program and it was suggested by the Public Works Committee to put that on the website as a survey. We discussed it with Lisa and hopefully we'll have that on there. We talked about running it for about six months so that we could report about it in the Spring Newsletter. Building and Zoning Mr. Frost — We did have one fir in the beginning of November. The storage building off of Coy Glen Road. Pretty decent sized storage building filled with a fair amount of antique stuff of a property owner. It was completely destroyed. It appears that it was of electrical origin. Human Resource Manager Ms. Drake — In regards to our health insurance, I went back and had another meeting with our insurance rep and asked for some other ways of looking reduce our costs. We actually looked at a 3 rate structure versus the 2 rate structure that we have now, which is family and individual. By changing to a 3 -rate, to individual, double, and family we can reduce our cost over the year about $32,000. After talking to Cathy and Mary we went ahead and did that for January 1St 2002. The big change for that is obviously going to save board members and retirees some funding since the percentage. It did effect about 19 people, swithing them from family to a double. The second thing I meant to mention is that we did have a bomb threat that actually came in to the court clerks. We did have an employee meeting in regards to it. We have started one new procedure of having visitors sign in at the Town Clerk's desk so we have an idea of who is in the building and who they are going to see. Agenda Item No. 21 — Review of Correspondence Supervisor Valentino — On (h), we got a letter from Gary Ferguson from the Ithaca Downtown Parnership about increasing our contribution in lieu of assessment. We voluntarily made -that, around $1,950.00 per year. Now they're asking for more. I thought it was unfortunate that he sent the letter at this point, when our budget is finalized. Councilman Klein — Do we have anything in the budget at all? 50 Minutes of December 10, 2001 Approved 1/14/2002 Approved 1/14/2002 Mr. Carvill — No. We didn't have anything in hand. Agenda Item No. 22 — Executive Session to Discuss Pending Litigation on the Towers and Communication Projects and to Discuss Personnel Issues. On motion by Councilwoman Russell, seconded by Councilwoman Grigorov, the Board resolved to enter into Executive Session at 9:30 p.m. to discuss pending litigation on the Towers and Communication Projects and to Discuss Personnel Issues. VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. (Councilman Conley was not present for the vote) On motion by Councilwoman Russell, seconded by Councilman Lesser, the Board resumed regular session at 10:05 p.m. VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. (Councilman Conley was not present for the vote) RESOLUTION NO. 2001-159 — Authorization to Attend Accounting 101 Course WHEREAS, Accounting 101 course is being offered by the Tompkins County Community College (TC3), on Wednesday evenings from 6:00 p.m. to 9:50 p.m., from January to May 2002; and WHEREAS, attendance at the said program will benefit the Accounting Office by providing additional training to Deborah Kelley, Bookkeeper to the Supervisor; now, therefore, be it RESOLVED, that the governing Town Board of the Town of Ithaca does hereby authorize the attendance of Deborah Kelley, Bookkeeper to the Supervisor, to the Accounting 101 course at TC3 on Wednesday evenings January to May 2002; and be it further RESOLVED; that the program cost is not to exceed $550.00 expended from and chargeable to the 2002 Accounting Department budget A1316.410. MOVED: Councilman Klein SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. 51 Minutes of December 10, 2001 Approved 1/14/2002 Agenda Item No. 23 — Consider Adjournment Approved 1/14/2002 On motion by Councilman Lesser, seconded by Supervisor Valentino, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Tee -Ann Hunter Town Clerk NEXT MEETING — December 31, 2001 at 10:00 a.m. 52 Approved 1/14/2002 Minutes of December 10, 2001 Approved 1/14/2002 0 -.75760t) of �j i9Gf� t)Z`. /OJ cR ©V/ ATTACHMENT #1 �Tj�- Ttv.� Colyi.��cT ���' /s ir/�s�,�.fr car-���T�� , %�,� eif-� foa�.�• �=v.��-.c 1% iE f��S k -,v/ �°v s4 1: ,ve�je A16 o orJvlr) 7'044W Ca ✓.r/c: c IIIVVZ51,.E rz Fo,e ;rcwta#r' pte. /,0l 2,001 /5 C6n1�NIJlf16 .7's2Y/eOs %'�2 �lWk- ,c%kl pl:eec.-% o�c.of 17004o>$- � ,EcYAcc a , oe y i Aar. ?a Ir*S i!E.cf Aw¢ -1 bce 04CAvs4r-�l+so.rJ �.r�c e aE3dC ien.J.S' . ,+� ,ege(&st1) 77CAC �es� 6two l T k $T X)P442. e,�AJ6 4,VOVAJrSS- 1,1,3701> 1mA4S Ae:e l �csg yid / i% G'TY .*+f8 i✓KJ B x0 &WA4�> A'4 455>S?, .t1CL 4A J D PN, 4kZAZO.0 o F . �eT4,1A5 e c 1%t,5 .PP Tio�.S�Vtjo i5 C/x AfALc All MrU[e�S F� 1;40ip • MOPS 94e4% AgcCCI EJDD LcPucp. r S oxj 040d:2 „ 4i eD, CVA)�Y ,� Z�2boy H,�Ta,QJA45 .iJjOPA Cv'�> 50pZo<V(saR V4AeA.)ToVk% 04- cyy ox ov-p� f449sev eQensoAureox) 78 A�4p Ag�>oc; ArjU T#i? . !4N`b � t4s.sC�l.a�'ri� PVCSTioJUs wgICii WC -AC oUtE.0 %wr�r2 XoJE� is ��l'Fie a+4�is 638 Ju c D T+ F/A4L 1460.rX.M,aAr z SL 1,4op',5T4a4.Tc;u er- I-IIA&CP JvoeS n.v -1�4ir a 4 9 Xhr('%L6eje , 'irk S'96WZ4 .1 y &WAi dr�. rr44W.A3 �1�e,�e%i��QrlGip TCi(,/lLlilc d� of'EagT1 ATTACHMENT #2 Agenda 6 TOWN OF ITHACA :PLANNING DEPARTMENT MEMORANDUM TO: TOWN OF ITHACA TOWN BOARD FROM: JONATHAN KANTER, DIRECTOR OF PLANNING RE: PROPOSED REVISED ZONING ORDINANCE AND MAP — OUTLINE FOR GENERIC ENVIRONMENTAL IMPACT STATEMENT DATE: DECEMBER 5, 2001 Attached for the Board's consideration is a draft resolution regarding declaration of intent for the Town Board to serve as Lead Agency and to prepare a Generic Environmental Impact Statement (GEIS) in conjunction with the proposed revised Town of Ithaca Zoning Ordinance and Map. The Codes and Ordinances Committee has completed its review and re -drafting of the Zoning Ordinance and Map, and has recommended that the Town Board conduct the environmental review through a GEIS. [Note: Copies of the revised draft of the Zoning Ordinance and proposed revised Zoning Maps, as well as an Executive Summary of the proposed Zoning changes, will be distributed to Town Board members at the December 10`x' meeting.] The enactment of the revised Zoning Ordinance and Map would be classified as a Type I action. Scoping for the EIS would be optional, and is not required, but is something that the Town Board should discuss. In lieu of scoping, the Codes and Ordinances Committee has recommended that staff prepare an outline of possible elements of a GEIS for the Town Board's consideration. The following is a suggested preliminary outline for discussion at the December 10`h meeting. Preliminary Outline: for Generic EIS According to 6 NYCRR Part 617.10 (SEQR regulations), a GEIS may be used to assess the environmental impacts of "(4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive resource management plans." We see the GEIS as a way to document the proposed changes to the Zoning Ordinance and Map (basically incorporating the Executive Summary), providing the rationale for some of the significant changes, and demonstrating how significant changes, such as the additional areas proposed for Conservation and Agricultural zoning (and the revisions to the Agricultural zone regulations) may affect the environmental resources of the Town. It will also be a good way to demonstrate consistency with the 1993 Comprehensive Plan. Relevant sections can include possible mitigation strategies, if appropriate. The primary focus of the GEIS would be on the following: • Proposed Action: Brief description of proposed action (summary of zoning changes). • Land Use: Description of existing land use patterns and trends and how proposed zoning changes could potentially impact future land use patterns in the Town. This could include an analysis of parcels and acreage affected by significant zoning changes, as well as a discussion of how many non -conforming lots may result from the zoning changes and how these would be handled. • Zoning: Highlight of significant changes proposed and rationale. • Regional Impacts: Description of county or regional plans and plans and zoning of adjacent municipalities, and assessment of consistency of proposed zoning changes with regional and municipal plans. • Town's Comprehensive Plan: Consistency of proposed zoning changes with Town's 1993 Comprehensive Plan. • Demographics and Housing Supply: Evaluation of recent trends in housing and population, and potential changes resulting from proposed zoning changes in Town's future population or ability to provide for housing needs. • Transportation: Assessment of whether anticipated changes in land use/development patterns resulting from zoning changes may impact transportation system (e.g., roads, bicycle/pedestrian facilities, transit, etc.). • Natural Features: How zoning changes may impact significant natural resources or features in the Town. • Community Services: Potential changes in the Town's ability to provide for community services (e.g., water, sewer, fire service, etc.) resulting from proposed zoning changes. • Alternatives: Can include a "no action" alternative (i.e., continue using existing zoning provisions), other zoning approaches or alternatives considered by Codes and Ordinances, etc. • Growth -Inducing Aspects: Discussion of potential growth -inducing impacts of the proposed zoning changes, if any. Estimated Timeframe for SEQR Process The following is an estimate of the timeframe and elements involved in the preparation and completion of a Generic EIS. N December 10, 2001: Town Board declare intent to serve as Lead Agency (probably is the only Involved Agency) and declare intent to prepare a Generic EIS. [Scoping (optional): - Town Board issue Draft Scoping Document for Generic EIS. - (Optional: Town Board hold public scoping session.) - Town Board prepare and approve Final Scoping Document.] [Note: If the Town Board decides to include a formal scoping process, this could add several months to the overall SEQR process. The Codes and Ordinances Committee has recommended against a formal scoping process.] December 2001— end of February 2002: Planning staff prepare draft Generic EIS. March 11, 2002: 'Town Board accept draft Generic EIS as complete, issue Notice of Completion of draft Generic EIS, and circulate draft Generic EIS for public comment. Provide minimum of 30 days for public comment (March 12 through April 11, 2002). [Optional: Town Board hold public hearing on draft Generic EIS on April g, 2002. A public hearing on the EIS is not required, but is an additional way to obtain public input during the SEQR process. A public hearing by the Town Board may be awkward at this point. The Planning Board may be holding a public hearing on April 16, 2002 for their recommendation to the Town Board.] Through end of April/beginning of May, 2002: Planning staff prepare final Generic EIS (providing responses to public comments on EIS). May 13, 2002: Town Board accept and circulate final Generic EIS with Notice of Completion. [If there have been additional revisions to the Zoning Ordinance or Map, as suggested in outline above, then this may be delayed a month or so.] June 10, 2002: Town Board issue Findings Statement. This would complete the SEQR process. [If the May 131h acceptance of the EIS is delayed, then the Findings Statement would also be delayed an additional month or so.] Conclusion Board members will have ample time to review the proposed zoning changes over the next 1 1/i - 2 months. The Board may want to discuss how it wants to provide feedback on the zoning revisions to the Codes and Ordinances Committee. Meanwhile, please let me know if you have any questions regarding the above. Att. 3 ATTACHMENT #3 AGENDA Traffic Calming Update DATE: November 7, 2001 TO: Interested Parties -- Forest Home Traffic Calming FROM: Traffic Calming Committee RE: Forest Home Traffic Calming Project ITEM NO. 15 l NOV 1 3 �} �J Teti:. OF ITHACA PLAFdh•��r,!;� __?�:•J�, F_�.� �.li`J�.��It`�G We had a great series of meetings in September with our traffic calming consultants, Frank Jaskiewicz and Walter Kulash, of the firm Glatting Jackson. The pair brought a tremendous amount of energy and enthusiasm as well as professional expertise to bear on addressing our traffic situation. On Tuesday, September :ZS, the consultants met with representatives fom Forest Home, other neighborhoods,. Historic Ithaca, the Town of Ithaca, Tompkins County, Cornell University (including the Plantations and Golf Course), TCAT, the Ithaca -Tompkins County Transportation Council, emergency response agencies, runners and bicyclists, and other interested parties. The consultants heard the concerns and ideas that these groups have relative to our traffic situation. In the evening, the consultants presented a very informative overview of traffic calming in general, followed by a more specific look at'successes and opportunities for traffic calming at particular locations in Forest Home. The consultants spent Wednesday drafting plans for the community, as concepts for traffic calming at various locations gradually evolved and took form. A wrap-up session followed, during which the consultants briefly explained the plans and sketches developed during the day. A tremendous amount was accomplished in two very intense days, leaving us feeling invigorated and optimistic. Alternatives At the meetings, the consultants proposed exploring three alternatives: A, B and C (see below). Alternatives A and B would each cause a considerable amount of delay for through -traffic (and a corresponding potential for diversion to other rouges), the relative levels of which are presently being evaluated by the consultants. Alternative C was proposed as a "maximum impedance" alternative which included all the elements of Alternatives A and B plus; additional measures. Delays and costs associated with Alternative C, however, might be so great that this alternative could be difficult to implement. Alternative A: Modest traffic calming combined with a one-way routing: Delays are achieved largely by making traffic take a prescribed (longer) route through Forest Home. Alternative B: Heavy traffic calming. Delays and diversions are comparable to Alternative A. and are achieved by making traffic travel more slowly, but still allowing it to choose its own (shortest) route. Alternative C: Maximum impedance. Essentially Alternative A plus B plus a few other measures: one-way routing combined with very heavy traffic calming. Delays and diversions are greater than those achieved through either Alternative A or B. Additional traffic calming features outside the community (splitter islands at golf course pedestrian crossings, revising the new Pleasant Grove Road / Cradit Farm Drive intersection, slowing traffic on Judd Falls and Caldwell Road hills before; it enters the community, etc) could be implemented in conjunction with any one of these three alternatives. One -Way After exploring various options for a one-way system (Alternatives A & C), the consultants and Traffic Calming Committee have decided to concentrate on a plan which would make Judd Falls Road (between Forest Home Drive and the Jug Handle) one-way southbound (uphill), (with the possibility of extending the one-way section all the way to Tower Road). This would be coupled with a one-way north -bound segment on Caldwell Road (between Plantations Road and Forest Home Drive). The chief advantage of any one-way system is that it would free; up room for new pedestrian/bicycle facilities. Traffic Calming Many traffic calming features have been proposed to slow traffic, improve safety and beautify the streets( (see below). All three alternatives under consideration would incorporate some traffic calming elements. Alternative A would employ less strenuous traffic calming features, whereas Alternatives B and C would employ a more strenuous approach. Possibilities include: • Reducing the actual width of various roadways. • Reducing the perceived width of roadways by planting trees or other vegetation right along the sides of the road. • On heavily trafficked roads like Judd Falls, establishing a pattern of trees planted in splitter islands in the middle of the road alternating with trees planted along the sides. This would tend to slow traffic by first crowding it to the right, then to the left. • Establishing a tree -lawn between the road and pedestrian walkway where space allows. • Shifting the 200 block of Forest Home Drive away from the houses and toward the little park, in order to provide room for a tree -lawn between the road and the walkway. • Improving the usability (quality, continuity and connectivity) of the entire walkway system. • Installing splitter islands to slow traffic and to provide a pedestrian refuge at one or two crosswalks in Forest Home, as well as at the golf courses. • Tightening up the turn radii at many intersections in Forest Home. This could be done with mountable curbing, so that the occasional truck which needs to get through�would still be able to do so. • Rebuilding in situ the wall at the sharp corner at the S-curve. Installing mountable curbing to tighten up the curve and to protect the wall. • Creating entrance features designed to slow traffic entering Forest Home and to better demarcate all six entrances to the community. The consultants were also very enthusiastic about some of our existing traffic calming features (one -lane bridges, narrow roads, tight curves, short sight distances), and recommended preserving and enhancing them. Next Steps We expect to hear from the consultants within a few weeks with a further update on their progress. They have been conducting a general analysis of each of the altematives, focusing primarily on delay and diversion potential, plus other factors. They will then present us with these findings and a recommendation. Based on further input, the consultants will continue to develop and refine the selected alternative for their final presentation and plan. The goal of this project is to reduce the speed and volume of traffic, to increase pedestrian and bicycle safety, and to create a more attractive streetscape and a more livable neighborhood. We look forward to your support for a plan which will benefit and reinvigorate the whole community. If you have any questions or comments, please contact any member of the Traffic Calming Committee: Ruth Mahr: 103 Judd Falls Rd, 257-2672, rm20@comell.edu Robbie Aceto: 336 Forest Home Dr, 257-9545, ra336@aol.com Bruce Brittain: 135 Warren Rd, 257-0639, bsb6@comell.edu Doug Brittain: 135 Warren Rd, 257-0639, bsb6@comell.edu Elizabeth Cornell: 200 Forest Home Dr, 257-4534, elcomell@yahoo.com Steve Gelber: 107 Forest Home Dr, 257-2911, gelber@twcny.rr.com Bill Goldsmith: 1.17 Judd Falls Rd, 257-1888, wwgl @comell.edu Mike Koplinka-Loehr: 124 Crest Lane, 257-2329, makl l @comell.edu Ellen Lane: 104 Halcyon Hill Rd, 257-3129, asg6@comell.edu Pete Loucks: 116 Crest Lane, 257-3529, dpl3@comell.edu Stan Seltzer: 228 Forest Home Dr, 257-5354, seltzer@ithaca.edu AGENDA ITEM NO. WORKING COPY #2 D R A F T: November 29, 2001 THIS AGREEMENT ATTACHMENT #4 1. R @ oe w R n IH Made as of the XXX day of XXXXX. 2001 (effective 01/01/02) by and between the BOARD OF FIRE COMMISSIONERS and the COMMON COUNCIL OF THE CITY OF ITHACA, Tompkins County, New York, (hereinafter referred to as the "City"), party of the first part, and THE TOWN BOARD OF THE TOWN OF ITHACA, (hereinafter referred to as the "Town", acting as and for the Fire Protection District of the said town. WITNESSETH: WHEREAS, the party of the first part is the governing Board of the Municipal Fire Department and Common Council of the City of Ithaca, and has under its control and custody personnel and fire fighting equipment of said Department, and WHEREAS, there has been duly established in said Town a fire protection district known as "Town of Ithaca Fire Protection-_ District", embracing all of the territory in said Town, except the Village of Cayuga Heights. and a portion of the northeast portion of the Town, which district is more particularly shown on Schedule A annexed hereto, and WORKING COPY #2 D R A F T: November 29, 2001 WHEREAS, following a public hearing duly held, said Town was duly authorized to contract with the part of the first part for fire protection and emergency medical service to the portion of said district hereinafter defined, upon the terms and provisions herein set forth; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Provision of Services. The City shall provide fire protection services and emergency medical services on an equal basis throughout the fire service area, inclusive of the City and Town Fire Protection District, as more fully defined, as follows: ALL of the Town of Ithaca, excepting the following areas: (a) The Village of Cayuga Heights; the Town of Ithaca that is situated east of the Village of Cayuga Heights/Town of Ithaca boundary, south of the Village of Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of Ithaca Nis r&WAMNN� F11i�)_�1■A�ln!_-1■lam-1ns1■• ����.'•■��•�•9■i�vi���\7•.v��l�i�ii�ii ii ��� ��ii; Lv ig9���i ii���■� tip. m � L♦•\il���l• _ • _ � - _ � • -•�1�� � It�l► I�pi 11 111 11 L�>_'c•■ll �■�a�l■v���I�.��,—�i�\•�\�l�ft1-1 t (c) The Hamlet of Forest Home, exelusive including e4 the structure housing the Cornell University Filtration Plant, 2. Hydrant Maps. To aid in the determination of hydrant and water source locations with reference to particular alarms, the Town shall furnish to the City the most recently available map of all areas of the Town having hydrant service, showing hydrant locations, normal static hydrant pressure, hydrant flows, static water sources, streets and highways, location and addresses of improved properties and the identity of the owner thereof. The Department shall be entitled to rely on such map and shall not be responsible for any inaccuracies therein. 3. Use of Mutual Aid. The City warrants and covenants that as soon as a serious fire or other emergency makes the Town of Ithaca potentially without adequate coverage from the Ithaca Fire Department, the City, 3 WORKING COPY #2 D R A F T: November 29, 2001 through its fire department, shall immediately seek protection through the Tompkins County mutual aid assistance agreement providing coverage to the Town of Ithaca through deployment of equipment and/or personnel brought into the City or the Town of Ithaca pursuant to the City's request for mutual aid. 4. Term. The term of this agreement shall commence January 1, 5. Payments by Town. The Town shall pay to the City the following estimated sums as payment for each of five years of the term of this Agreement, in the manner set forth below: am - WOV015MG._ . —.-�- t_L•L���•��71.Olaft�.�T..•[��•.,:.�lt•4on:.-.:.r �:::..�� owe aft-M�i�.:.:,:. allow .. III 11111111111111111�illillj�illilli'llilljllllllllililillllllllllllI .• Mot • • • 1RwA MLS 1i00►4q LwA M A�T1'����►A'►'soli<\i►WISL�=Vw��1��►�1R��17��'1'l li�••� �,U • SAL Li7Ri►w1ftwi�R�.� 1■ " Annual Operation Expenditures. Based on the approved operating budget for each year of the agreement, the Town shall make estimated quarterly payments to the City. To facilitate this agreement, the Town shall make a 1/12 pavment on January 1. and on February 1 a 2/12 payment. Sdbseauent quarterly payments shall be made FmebF aFY ' , April 1, July 1 and October 1 of each year. The annual percentage share shall be established as prescribed in Section l 5(d)) of this agreement. The actual annual cost will be determined by March 31 of the subsequent fiscal year, with a corresponding adjustment being made in the remaining annual quarterly payments. The City shall maintain a detailed program record of all activity relating to the Fire Department. If a surplus remains at the end of any fiscal year during this agreement, after all actual revenues and expenditures have been accounted for, said amount shall be used to reduce the participating shares to be paid in the following year. Should the estimated budget amount �1 5 WORKING COPY #2 D R A F Tn November 29. 2001 participating shares. maintain a complete record of all investments involving Fire Department program funds Should the cash balance necessary to fund departmental effect. If the City lost interest based on the average General Fund investment earnings rate, ste no M h fl l\'�'-\� � X71"Cs-11-4\ \��. [�� �. 3"_ \R- �.1��1� i - _ _ _ _ _ — --v-_= Ww%WVM�WMMF a��•"-mss-1 atV i - -I�'�I-,tel a\->•T��•1•-I�^rf1��l-A �-1-1�'•"��•\�l.�l�=\��7_�17717�� maintain a complete record of all investments involving Fire Department program funds Should the cash balance necessary to fund departmental effect. If the City lost interest based on the average General Fund investment earnings rate, ste no M h fl l\'�'-\� � X71"Cs-11-4\ \��. [�� �. 3"_ \R- �.1��1� i - _ _ _ _ _ — --v-_= Ww%WVM�WMMF a��•"-mss-1 atV t��P, ��L-f'��l\.►tel t-•�-\-��f �lS�=-i��-��•� �'\'O)�1�L� I�7�\:1711_111 \��I��l l� maintain a complete record of all investments involving Fire Department program funds Should the cash balance necessary to fund departmental effect. If the City lost interest based on the average General Fund investment earnings rate, ste no M h fl l\'�'-\� � X71"Cs-11-4\ \��. [�� �. \R- �.1��1� i - _ — --v-_= maintain a complete record of all investments involving Fire Department program funds Should the cash balance necessary to fund departmental effect. If the City lost interest based on the average General Fund investment earnings rate, ste no M h fl l\'�'-\� � X71"Cs-11-4\ \��. [�� �. \R- �.1��1� �•. � 1-OOt7 maintain a complete record of all investments involving Fire Department program funds Should the cash balance necessary to fund departmental effect. If the City lost interest based on the average General Fund investment earnings rate, ste no M h fl WORKING COPY #2 D R A, F T: November 29. 2001 IN .• - •. .. - - - � - - i - MENEM :I�-.1.14,1.E �...... �..■ IN - - - � - - i MENEM IN - - - � - - i lL�=�=.:1=,.4�.��D�.:1.1....�1��.:��O�.�l:.��7:1:,'��„li.:P=\:��f•\nl,.�Pt :I�-.1.14,1.E �...... �..■ •a�rai�.i.�,.s�,n:-s�.�r�:.,:l=�s.,::l:...:.,s.os�..0 i•.�»���•s0.s,a��.����:►:..1-.�T�l:.� IN - - - � - - i lL�=�=.:1=,.4�.��D�.:1.1....�1��.:��O�.�l:.��7:1:,'��„li.:P=\:��f•\nl,.�Pt :I�-.1.14,1.E �...... �..■ 1,�,1� I:nl=.,a:�aal•�MINEW (c)The total taxable assessed valuation of real properties in the properties outside the City but within the area for which fire protection services are being provided pursuant to this contract Such amounts are hereinafter refE.irred to as the "Combined Taxable Assessed Valuation". The reasonably possible to September 1 of each year, with the first raid - - - � - - i - :I�-.1.14,1.E �...... �..■ (c)The total taxable assessed valuation of real properties in the properties outside the City but within the area for which fire protection services are being provided pursuant to this contract Such amounts are hereinafter refE.irred to as the "Combined Taxable Assessed Valuation". The reasonably possible to September 1 of each year, with the first raid � ►_�f_T1"_T-TfiT•siT•TiZA • • - ••ZIT_ , • . - - - - - .. . - L��.l t-/'rl�.i a•� 1•tiit���l �I ��i•awliti•=-J•t.1•�•I ttt�.�R-L•/t!�/�I1�tait►-lift=1117.7.7-■ • i ' -. a�\tlii-lt}L-i\tp��•l■1.it\�S-I�7—L•>•-Y'��L�-j♦��'L�--` • • - ••ZIT_ •• - - - - - .. . - - -� _ _ _ -----_ S (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the City, as defined by paragraph 5(c), shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereinafter as the "Town's Percentage". • • - ••ZIT_ •• \-fi\��-1■t�tti•tt\-1 �\ It�t\-f■\-/'L•i•l 1■tti-`-f�\[-1L■t�t - - - - 1.iii.I■Pmt■t7•t■�-i•�t■ttta.O/�s-1■t�tt•�•1L1 • --Fi3*17T�f1'� • i ' (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the City, as defined by paragraph 5(c), shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereinafter as the "Town's Percentage". • • - ••ZIT_ •• \-fi\��-1■t�tti•tt\-1 �\ It�t\-f■\-/'L•i•l 1■tti-`-f�\[-1L■t�t - - - - 1.iii.I■Pmt■t7•t■�-i•�t■ttta.O/�s-1■t�tt•�•1L1 - (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the City, as defined by paragraph 5(c), shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereinafter as the "Town's Percentage". • • - - - \ZWI■Plitl•l7l1l I■tom Iti■i i\'.'�•�■l-1'.'��Ii�ii i -I tIPA (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the City, as defined by paragraph 5(c), shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereinafter as the "Town's Percentage". - -- . .•..��•�.•�ai�lliA til-Its■ttl7!I� �lA.li NI■. • • - ►�VWWArwArWA • • NM - - - - - - -- . .•..��•�.•�ai�lliA til-Its■ttl7!I� �lA.li NI■. • • - - • • - • i ' -. a�\tlii-lt}L-i\tp��•l■1.it\�S-I�7—L•>•-Y'��L�-j♦��'L�--` FrA 13 Io ri, • / 1 (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, lARs_'�R••!�•li► I�•►•�1i►���►�\i•\�i•l_�li►���L•l��i►�I1•i ��1�\7R•li�1t•7•i►TCIt�� \7 ♦�r1■R�•R1►wIi�WA IN& WEALWAMi\l\•♦'�•l1•au�I•[•)7•�lt[•�'�Ra��•7 • NEI'• • �tlt�ttaL•L•�� • • ��1•\tT11tl\�■ • • • IftwI= IN •�R•\•t■l•t�R•\•Ittt��l•►••■WAS ■\R■t�liR��rl♦ �'�A III a • mM 4L ZRMLW�V iMmA (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, lARs_'�R••!�•li► I�•►•�1i►���►�\i•\�i•l_�li►���L•l��i►�I1•i ��1�\7R•li�1t•7•i►TCIt�� \7 ♦�r1■R�•R1►wIi�WA IN& WEALWAMi\l\•♦'�•l1•au�I•[•)7•�lt[•�'�Ra��•7 FWw • •l►•�1i<l_�I�•f\�=�f•\•�R!\•tli�t�T�tl►R�•l�Z . . NEI'• • �tlt�ttaL•L•�� Itt•t\R l►•,'L�a1\•I tIP=1 ��1•\tT11tl\�■ • • • ���r•T•T•i� •�R•\•t■l•t�R•\•Ittt��l•►••■WAS ■\R■t�liR��rl♦ �'�A ttt•�L�'[�A �•�tl\R•\t1�R•�•. l�t•tl►•tt[�i+��L7 (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, lARs_'�R••!�•li► I�•►•�1i►���►�\i•\�i•l_�li►���L•l��i►�I1•i ��1�\7R•li�1t•7•i►TCIt�� \7 ♦�r1■R�•R1►wIi�WA IN& WEALWAMi\l\•♦'�•l1•au�I•[•)7•�lt[•�'�Ra��•7 FWw • •l►•�1i<l_�I�•f\�=�f•\•�R!\•tli�t�T�tl►R�•l�Z . . NEI'• • �tlt�ttaL•L•�� Itt•t\R l►•,'L�a1\•I tIP=1 ��1•\tT11tl\�■ (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, lARs_'�R••!�•li► I�•►•�1i►���►�\i•\�i•l_�li►���L•l��i►�I1•i ��1�\7R•li�1t•7•i►TCIt�� \7 ♦�r1■R�•R1►wIi�WA IN& WEALWAMi\l\•♦'�•l1•au�I•[•)7•�lt[•�'�Ra��•7 •ISR 1RllS•f♦�l l•l\R t•��•il. rl�J• (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, lARs_'�R••!�•li► I�•►•�1i►���►�\i•\�i•l_�li►���L•l��i►�I1•i ��1�\7R•li�1t•7•i►TCIt�� ■��1�1�i►�Ii las�Itt4t (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 willill Id, mM 4L iMmA ��� • • •in (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the town's payment for the ensuing calendar year. Ari example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $5,500.000 and assuming that the Taxable Assessed Valuation of the area of the Town outside the ' City covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed 9 WORKING COPY #2 O R A F T: November 29, 2001 Valuation of real property in the City is $240,000,000,00, the Combined Taxable Assessed Valuation will be $360,000,000,00 ($120.000,000 plus $240,000,000). the Town's Percentage will be 33.33% ($120.000.000.00 divided by $360,000,000.00) and the annual payment from the Town to the City will be $1,831,500 ($5,500.000 times 33,33%). (4+Lcl , For the purpose of this agreement, (including paragraphs 5(b) through 5(f) above) "expenditures" shall mean (1) actual expenses incurred, and not reimbursed from bonds or other forms of debt, to pay for equipment (including capital renovations to existing equipment) and improvements... (including new stations in the Town and renovations to City stations).` and (ii) the debt service expenses (principle and interest payments),.during the:. year for any debt incurred to pay for equipment or improvements purchased during 1995 and subsequent years of this contract. (Le., it is the intention that if equipment is purchased and paid for in cash during the year, the entire cost of the equipment shall be the basis of calculations, If equipment is purchased and paid for by financing over a period of years, only the portion of debt paid during the year shall be considered an "expenditure". There is included in "expenditures" any debt service during the year in 10 WORKING C012Y #2 D R A F To November 29, 2001 question related to purchases or construction in earlier years of this contract, provided that no purchases or construction incurred earlier than 1987 shall be so included), Addffitiena#�", The Town agrees to the inclusion of administrative overhead costs in an amount not to exceed 2.75% of the 0 aAnual actual Fire Department expenditures, budget, commencing in 1996 2002. The overhead char�Le is based on a groportionate share of the actual. Moo general administrative exnense. The 2,75% represents aggroximg1gyl one third of the averaae administrative overhead. fg),00 flj)=w,,:Fhe T-ewig affees te pay the Gity ef 14haea, aeh payment, 60% en MaFeh 46, aAd 59% en july 16 ef eaeh yeaFz lig-.4hoo event that 4" is fhFee late, the deeFeaseEl in payFnent FAer-n-.-Aanm 2.6% menths expFes... s^ --QhaFes feF eaeh, this Affeement shall tefffliiqatemm� Fesp etive year PFesented. M� ........ ....... the eptien of t ie Gity. rr 61 tweeFat 1 ine ExpendilklF if, di yeaFs 1994 1 1 I the deeFeaseEl in eF A eest belew 2.6% the expFes... s^ --QhaFes feF eaeh, heFeinabeve Fesp etive year PFesented. M� ........ ....... rr 1 1 I the deeFeaseEl in eF A eest belew 2.6% the expFes... s^ --QhaFes feF eaeh, heFeinabeve Fesp etive year PFesented. 1 1 I WORKING COPY #2 D R A F T: November 29, 2001 6. Review of Operating Budget The City agrees to provide the Town with the budget proposed to the Mayor by the Fire Department-be€eFe Getebei: September 1, of each year, and the Mayor's proposed budget by October 1st, of each year. The Town Board shall have the opportunity to provide input to the Mayor and Council during the balance of the budget deliberation process. they are scheduled. hall th The Fire Chief and City Controller will be available to provide assistance during this review process. 7. Approval of Capital Budgets The parties agree that capital renovations in excess of $100,000 per project or aggregating in excess of $200,000 per annum, and new station construction, shall be accomplished within a capital budget for each project. The budgets shall be approved by the appropriate governing body of each municipality prior to commitments for construction or financing of any of such projects by the City. T e !we , the purposes of this agreement a "capital" expenditure or renovation shall mean any improvement of a capital nature having a period of probable usefulness set forth in Section 11 of the Local Finance Law. 8. Maximum Equipment Expenditures. new equipment Expenditures in any year for shall not exceed $200,000 absent the mutual agreement of the parties hereto prior to commitments for such purchases and financing of same. 9. New Fire Stations in Town. Manner of Title, Lease, Reimbursement. Title to the land for the new stations was taken in the name of the Town and then leased by the Town to the City. The lease is for 30 years at the rate of $1.00 per year, provided that the lease shall terminate upon termination of this contract and payment by the Town of any remaining City indebtedness on the premises. Title to the two new stations constructed in the Town was taken in the name of the City. Should this agreement terminate at any time for any cause, (including a breach by the Town) upon termination the City will convey whatever interest it has in and to the land and the two stations in the Town or other entity upon the Town 13 WORKING COPY #2 D R A F T: November 29. 2001 (a) reimbursing the City for its 30% of the construction expenditures for said stations paid by the City during the duration of this and prior agreements; and (b) paying to the City any remaining unpaid debt service obligations of the City relating to the stations. There shall be credited to the amounts owed from the Town to the City the 27% contributions made by the Town to the City for the renovations of existing stations within the City limits. The City shall convey its interest in said stations located within the Town to the Town by such instruments as the attorneys for the Town may reasonably require, such conveyance to be made within 30 days of demand for same, provided that such conveyance by the City is not illegal. If illegal, the City will immediately take all necessary steps to remove any legal impediment and will convey such stations as soon as such impediments are removed. In any event, the City will within ten days of demand for same by the Town, and pending legal title transfer, deliver immediate possession and occupancy of such stations so that the Town or any ehtity (such -as a fire company) may occupy and use same immediately for fire protection and 14 WORKING COPY #2 D R A F T: November 29. 2001 emergency medical service purposes. Such use and occupancy shall be granted without: any further compensation from the Town to the City. In the event of any breach of the obligations to convey or to grant immediate occupancy the Town may seek specific performance in addition to any other remedies available to the Town under law. 10. Eggipment Reimbursement . Upon termination of the agreement for any cause the Town shall be entitled to receive 27% of those items of equipment which originally cost $25,000.00 or more, or 27% of the dollar value of such equipment purchased by the City during the term of this agreement reduced by the depreciation on such equipment. For this purpose equipment so purchased shall be depreciated on a straightline basis over fifteen years assuming a 20% residual value. To the extent feasible the equipment to be transferred to the Town will be the equipment located in the stations to be located within the Town. Such conveyance shall be by such appropriate documentation such as bills of sale, vehicle registration, etc, as may be reasonably required by the attorneys for the town. If the City fails to transfer such items, the Town may seek specific performance in. addition to any other remedies available to the Town under law. 15 WORKING COPY #2 D R A F T: November 29, 2001 11. Contributions from Tax Exempt Entities. The City agrees to share the total cash contribution made by Cornell University and Ithaca College for fire protection and emergency medical services on the basis of the percentage share of operating expenditures paid each year of said agreement. Any amounts received from Cornell University or Ithaca College shall be applied in reduction of the Fire Department's operating budget. Additionally, the City and the Town agree to continue joint discussions with Cornell University and Ithaca College in the interest of deriving a contribution, be it monetary, in kind, or a combination thereof, in a direct relation to the fire services provided to those institutions. It is also understood that any in kind contributions from tax exempt entities will accrue to the direct benefit of the cost of operating protection services (i.e., said amounts should be used to reduce the operating budget for purposes of calculating the costs of the parties), without any apportionment between the town and City. 12, Staffing Levels. The number of paid career personnel in the fire department used as a basis for determining shared costs under this agreement is 51 firefighters, 8 lieutenants, 5 assistant chiefs, 1 deputy 16 WORKING COPY #2 D R A F T: November 29. 2001 chief, 1 chief, 1 fire alarm superintendent, 1 administrative secretary, 1 administrative assistant -financial, and 1 account clerk typist, (total of 64 71 positions). In the event that additional positions and/or personnel are approved by the City, such positions and/or personnel must be approved by the parties hereto and made an amendment to this Agreement in order to be considered as a shared cost. Should the City choose to add any positions or personnel which are not deemed by both parties to be beneficial to both parties, all costs relating thereto would be borne solely by the City. Should the Town request the addition of any paid positions or paid career personnel which are not agreed by both parties to be beneficial to both parties, all costs relating thereto would be borne solely by the Town. Unless the Town agrees to a lesser level of staffing, the City agrees that each of the two fire stations to be located in the Town of Ithaca will be staffed in the same manner as individual stations in the City. 13. Expansion and Town Representation on Fire Commission. The total membership of the Board of Fire Commissioners shall be 'S, two of which shall be representatives of the Town of Ithaca Fire Protection District appointed 17 WORKING COPY #2 D R A F T: November 29. 2001 by the Mayor of the City from names recommended by the Town Board of the Town of Ithaca. No persons shall be appointed as the Town representatives unless recommended by the Town Board, 14, Indemnity. The City shall hold the Town harmless for all claims by third parties with regard to personal injury, wrongful death and for property damage arising out of any act or negligence of the City, its officers or agents, for answering such calls in the Town, such indemnity to include reasonable costs of defending such claims, including attorneys fees. The obligation to indemnity shall survive termination of this Agreement (e.g.$ the City shall provide such indemnification for any claims made with respect to actions by the City prior to the termination of this Agreement even if the claim itself is not made until after termination of the Agreement). 15, Exculpation. Nothing herein contained shall be deemed to limit in any lawful way any lawful right of the Board, the City, the Town, or any member of the Ithaca Fire Department provided by the general statutes of the State of New York, provided that this provision shall not be deemed to abrogate or modify any rights or obligations provided fore in this agreement. 16. Authority of Chief. It is specifically understood and agreed that WORKING COPY #2 D R A F T: November 29, 2001 the number of personnel, the amount. and type of apparatus and equipment dispatched in answer to a fire call or to an emergency medical services call, the manner of fighting the fire, or handling the medical services, and other operations upon the scene of the fire or medical emergency, are matters within the judgment of the Fire Chief of the City of Ithaca Fire Department (the "Chief') or his designees and there shall be no liability or responsibility whatever upon the Board or the City of Ithaca for any failure, act or omission in connection therewith, subject to the provisions of paragraph 15 and further subject to the understanding that the City and its officers shall use sound professional judgment based on generally accepted standards in the provision of its fire protection, emergency medical, emergency, and non- emergency services provided pursuant to this Agreement. The word "Chief" shall mean the person duly appointed to that office in the Ithaca Fire Department by the Mayor of the City. 17. Payment of moneys from Foreign Insurance Companies, The Town agrees to pay over to the City the percentage collected by or received by the Town from foreign insurance companies writing property insurances in the area protected for the benefit of the Ithaca Volunteer Firemen's Relief 19 WORKING COPY #2 D R A F T: November 29, 2001 Fund, or its successor, as required bylaw. 18. Upon 60 day notice by either party of a need for a modification, the parties may agree to re-enter negotiation for the purpose of making such change or modification as may be agreed upon. 20 E • WORKING COPY #2 D R A F T: November 29 2001 Instrument to be executed by their duly authorized officers as of the day and year first above written. Bv: Board of Fire Commissioners Revised 8/23/94 c:miscellaVirecomm.agm CITY OF ITHACA By: Board of Fire Commissioners By:_ Mayor TOWN OF ITHACA By: (Town of Ithaca Contract in Wordperfect "Chris Documents" - November 29, 2001) 21 4 AGENDA ITEM NCS. 14 ATTACHMENT 4 - ATTACHMENT #5 - Original w/ Petitions U ei rLS 3 ii SC dal Jet; E1.1 L C ,J r (�Cl/�TS7 tQ.E'-�f'�� ZYl c CYYU2 CL St f �'� as , (Ca=t Highwav Superintendent ;own o Ithaca Highway/2..r{s Department 106 Seven Mlle Drive Ithaca, NY =1350 RANI. R._s_dent s of DAT E . ?? : Speer iiM_t reduction = etition T_ e people whose names appear below i n this peti tion are expressing their concern, about the lack of any speed limit on our road, namely f'k��-tti-c?-D�� We propose that a speed limit. of oZsYV44k and eni=Grced �O'= the reaZ:) StateC,� be;Ow. ,I. thank you here rrom you NAME for your soon. -J BSc,^ Lisa. W©oz�( consideration o= this request and :cpe to ADDRESS 204-� cw v e,r Vii. 35jelIll C 3lp C� P4, ate— g[.5 I CLjA?, & R C G�7 ,- I AGENDA ITEM N0, 17 ATTACHMENT #6 with the "SuNect Matter List" Committee on Open Government On occasion, inquiries are made regarding a requirement that: has ap- peared in the Freedom of Informa- tion Law since its enactment in 1974, but which receives relatively little at- tention. Town Recorder editor Becky Connolly indicated that she's gotten a few questions on the issue and that its time for a few words on the subject As a general rule, an agency, such as a town, is not required to create records to comply with the Freedom of Information Law. In other words, that law ordinarily pertains to existing records. However, under §99(3), an exception to the rule relates to "...the records specified in subdivision three of section eighty-seven..." That pro- vision states in relevant part that: "Each agency shall maintain... c, a asonably detailed current list by bject matter, of all records in the ssession of the agency, whether or not available under this article. " The "subject matter list" required to be maintained under §87(3)(c) is not required to identify each and every record of an agency. Rather, I believe that it must refer, by category and in reasonable detail, to the kinds of records maintained by an agency. Further, the regulations promul- gated by the Committee on Open Government state that such a list should be sufficiently detailed to en- able an individual to identify a file category of the record or records in which that person may be interested [21 NYCRR 1401.6(b)]. I emphasize that §87(3)(c) does not require that an agency ascertain which among its records must be made available or may be withheld. Again, the law states that the subject matter list must fer, in reasonable detail, to the "#4; of records maintained by an ency, whether or not they are How do you go about preparing your subject matter list? I suppose you could go through each tab or heading in every filing cabinet kept in the town hall, the highway supenn- tendent's office, and any place where town records are kept Or you could survey every employee and essen- tially conduct an inventory of the Call Bob at 518474-2518, or write: Committee on Open Government, NYS Dept. of State, 41 State Street, Albany, NY 12231 You can also visit the state Committee on Open Govern- ment's Web site at: www.dos.state.ny.us/ coog/coogwww.html kinds of records that each maintains. That sounds like an awful lot of ef- fort, and we've suggested a solution to the problem, that may be a little easier on you and town staff. My guess is that you have, either on your desk, or in close proximity, the rec- ords retention schedule developed by the State Archives. Very simply, it has been suggested that the retention schedule be adopted, by resolution of the town board, as the town's sub- ject matter list The. retention schedule is more complete than a subject matter list has to be, and it serves as a ready- made guide to the kinds of records that all towns maintain. In some in- stances, the schedule may include records that certain towns do not keep. In those cases, you can merely cross them out or mark them as not applicable ("N/A"). By using the retention schedule as your subject matter list, you can com- ply with law without reinventing the wheel. It also makes your job just a little easier and more productive and efficient What Do You Put on Your Web site? I got a call recently from a Town Clerk who asked whether I thought it would be appropriate to place tran- scripts of meetings of the town board on the town's Web site. 4 My first question to her was whether, she or someone else pre- pares a verbatim of account of every- thing said during the entirety of every town board meeting, and she said that she does. From my perspective, there is simply no need to prepare a transcript of a meeting. Many boards tape record their meetings so that the accuracy of the minutes can be assured, and so that a detailed record exists that can be used, if necessary, for example, in the context of litigation. In most instances, however, a tape recording of a meeting can be reused or discarded after the four month re- tention period has been reached. Further, unless summary minutes are also prepared, it may be unwise to use a verbatim transcript of a meeting as the minutes. Section 106(1) of the Open Meetings Law contains what may be characterized as minimum requirements concern- ing the contents of minutes of open meetings and provides that: "Min- utes shall be taken at all open meet- ings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon." Based on the foregoing, minutes need not consist of a verbatim ac- count of everything that was said at a continued on page 6 Fall 2001 3 Town Recorder Freeman Continued from page 3 meeting; on the contrary, so long as the minutes include the kinds of information described in Section 106, I be - "minutes should consist essentially of the highlights of a meeting — the action taken by the board, and the votes of the members." lieve that they would be appropriate and meet legal requirements. In my view, minutes should consist essentially of the highlights of a meeting—the action taken by the board, and the votes of the members. Aside from the time and ef- fort needed to prepare -a verbatim account, and the resul- tant burden placed on the Clerk, a record that is so detailed will make it hard three or five or 20 years from now to wade through hours of discussion in an effort to find the relatively brief elements of the transcript that indi- cate the action taken by the board. Additionally, and you've probably heard me say this at your annual conventions, people make brilliant state- ments at meetings, and they also make ridiculous state- ments. But what is really important, again, is the action taken, the two-line resolution adopted by the board Moving now to the real issue, consideration of what to put on the Web, I think that summary minutes, those that reflect the basic elements required by the Open Meetings Law, are perfect A verbatim account of the entirety of a meeting may be difficult to read, but what really is troubling to some people is that their names and points of view may become avail- able via the Internet to anyone anywhere in the world. Through the use of today's powerful search engines, it is likely that something about every person who reads this can be found online by anyone with an Internet connection. Sometimes the response may be "So what. The infor- mation contained in the transcript could have been heard by anyone in attendance at the meeting, or anyone else who hears or views a recording of the meeting." It's true that it's public, but it's also true that, unless you know where to look, it's hard to find. The issue really involves what the U.S. Supreme Court (in a different context) characterized as "practical obscu- rity. " The notion concerns situations in which records are public, but which may be difficult to ftnd.There are many records that historically have been clearly public. Minutes of meetings, assessment records, building permits, traffic tickets, court records and many others have long been public and available for the asking. But to ask, a person had to have at least a few clues before gaining access. Not Town Recorder so long ago, and now in most cases, a person seeking rec- ords must, in the words of the Freedom of Information Law, "reasonably describe" the records. The request most often has to be made in writing, ' it must be sent or delivered to the agency that maintain records. That is not a difficult process, but some edge about the records, i.e., what you want and they are kept, is necessary to inspect them or to have cop- ies. More importantly, what people receive in response to a request is usually a book, a file, an assessment roll, or pages of paper to see or copy. The case relating to the idea of "practical obscurity" in- volved a request for conviction information pertaining to a particular individual that was maintained in an FBI data- base. The court recognized that conviction records are public. Anyone can walk into the courthouse and review a record of conviction. But which courthouse has the record? There are thousands of jurisdictions in the United States, and even if you know that the conviction occurred I n your county, would you look in a town justice court, a village justice court, a city court, a county court, or a su- preme court? There may be dozens of possibilities even within your own county, and that makes some records that are un- questionably public hard to find. What happens when you place information on your "Choosing what to put online...repre acritical question of public policy." Web site? It becomes available, in essence, to anyone, and it is possible that personally identifiable information from one source may be combined to develop a "profile" when it is gathered with other entries accessible via a search en- gine. As I see it, placing summary minutes on a Web site is fully appropriate; that kind of record contains information indicating what the government is doing. But is putting the assessment roll or the voter registration list on a Web site quite the same? Both of those records have long been public, and thE courts have held that the electronic versions of those rec. ords (i.e., computer tapes) have to be disclosed. Th( question, however, is whether we want to make it so easi for people anywhere in the world to know your name an( your address, and perhaps other details of your life. Choosing what to put online in my view represents critical question of public policy. Even though a record i public, should we, as governments, choose to make available via the Internet? There is no good or simpl ON answer. Nevertheless, raising the question forces us tmihin about our actions, to weigh the pro's and con's, tr to respond in a manner that serves the greater g it that kind of thought process and careful delibera m hope is that government decision makers will reach cor clusions as "right" as they can possibly be. Fall 200 L,GENDA Environmental Compliance Office Planning Design, and Construction 129 Humphreys Service Bldg. Ithaca, NY 14853-3701 Facilities Services LSC Data Sharing Group Meeting November 2.9, 2001 ATTACHMENT #7 Telephone: 607 255-2304 Fax: 607 255-5377 E-mail: poml@comell.edu Web: eco.pdc.comell.edu Lake Source Cooling Operation and Water Quality Monitoring Update Cornell University: Pat McNally and Lanny Joyce Upstate Freshwater Institute: Steve Effler and MaryGail Perkins Purpose: Regular Data Sharing Group meeting to discuss LSC data. Agenda: • Introductions • Update mailing list • Overview of major learnings to date • Review water quality monitoring, data and studies • Open Discussion • Next meeting Limit: 3:00pm to 5:00pm Cornell Univesity Lake Source Cooling Data Sharing Group 11/29/2001 Water Quality Monitoring Program: Two major components: ambient lake, plant effluent Ambient Lake: 9 total sites (vs. permit requirement of at least 2) Bi -weekly April through October Permit Parameters: • Total phosphorus (TP) • Soluble reactive phosphorus (SRP) • chlorophyll a • secchi. disk • temperature Additional parameters beyond permit: • Total dissolved phosphorus • Total dissolved nitrogen • Nitrate + nitrite nitrogen • Ammonia nitrogen • Chloride • Turbidity • CaCO3 turbidity • Alkalinity • Temperature • Fecal coliform • SeaBird profiler • Dissolved oxygen at site 3 wsj/pom Pg. 3 of 5 Cornell Univesity Lake Source Cooling Data Sharing Group 11/29/2001 Attachments: • LSC web site Summary of 1998-2000 Monitoring Data DMR data for ambient lake, Table 2 DMR data for plant effluent (returned lake water), Table 3 • 2000 .Annual Report (from the LSC web site) Summer average TP concentrations page 30, Table 9 Summer average chlorophyll a concentrations page 31, Table 10 Sampling sites map page 2, Figure 1 a Sampling sites map page 3, Figure lb • Anne Ehrlich's comments • UFI Study Title page and abstract • Plot of Chl a vs TP world-wide V. Smith (1998) with Cayuga Lake overlay WSj/pOM Pg. 5 of 5 i %.ayug'a i uKe vv ater k1ulwity lvlomwnng, Nelateu LU tnu L.aKe JUur(:e %. UUll[lg rdl ilLy: 1770 COR LL Utilities Department " V x I If Humphreys Service Building, Ithaca, NY 14853-3701 Voice: 607-255-6648 FAX: 607-255-5377 [ LSC) [ News ] [ Tutorial ] f Maps ] [ FAQs ] [ Feedback 1 Utilities Dept : LSC : Monitoring Summary of 1998-2000 Monitoring Data rdgu 1 Vi L • A significant quantity of data has now been taken on the lake for a three year period after completion of the EIS. These data are available here. Plant was operational starting in early July, 2000. Annual lake monitoring ends in October each year. Water quality on the south shelf varies substantially from year to year. 2000 was a wet and cool year compared with long term averages, very wet compared with 1999, which was very dry. Study period average values for total phosphorus (TP), chlorophyll a (Ch1 a), and turbidity (Tn) on the shelf were similar for 1998 and 2000, but lower in 1999. • Returned lake water from the LSC facility TP average concentration of 12pg/L is 25% less than that on the southern shelf and is the same as that found in deep waters (i.e., mid -lake to the north), consistent with projections in the Environmental Impact Statement (EIS). • EIS calculations of the worst-case TP impacts used 100% flow and 20pg/L TP, assumed TP was 100% biologically available (100% SRP or 20pg/L), and predicted no discernable impact. Actual values for TP, SRP and flow are much lower and the resultant TP transfer is — 50% of modeled values. • On average, the chlorophyll a (representative of algae) concentration continues to be nearly the same on the southern shelf as in tine mid -lake, even though TP on the shelf is 50400% higher. Supplemental data indicate that: 1. Soil particles and calcium carbonate minerals, rather than phytoplankton (algae), are the dominant regulators of turbidity (water clarity) in the lake, 2. Soil particles are the dominant contributor to the higher levels of total phosphorus in the southern shallow area of the lake. • Summer average concentrations of TP and Chi a for deep water sites continue to be consistent with mesotrophy (lower end of this "mid-range" classification), a classification shared by seven of the eleven Finger Lakes. • No conspicuous changes in water quality were observed on the shelf following start-up of the LSC facility. Prepared by the Environmental Compliance Office/Utilities Department Cornell University 5-2-01 http://www.utilities.comell.edu/lscILakeDatalSummary%201998-2000%2OMonitoring/Summa... 9/6/01 yORIVELL Lake Source Cooling Humphreys Service Building, Ithaca, NY 14853-3701 Voice: 607-255-6648 FAX: 607-255-5377 [ LSC ] [ News ] [ Tutorial ] [ Maps ] [ FAQs ] I Feedback ] SC : Monitoring : DMR Data : Table 3 Cooling Discharge Monitoring Report Data.., Table 3. Return Water SPDES Data Reported To -Date L `„ ? I & VX 1 9.7 10.80.81 Flow Rate (m3/second) Dissolved Oxygen (rng/L) 10.84 _10.90 Total Phosphorus (mg/L) Reactive Phosphorus (mg/L) DMR Temperature (centigrade) pH (SU) 0.0068 Date Daily Ave 9.22 Daily Ave Daily Max Daily Ave 10.57 10.79 8.05 0.0120 Daily Max Daily Ave Daily Max Daily Max Daily Max Min Max Daily Ave O.00Sb O.00Sb Jul -00a 10.33 10.89 1.189 1.306 11.0 11.1 7.96 8.09 0.0133 0.0136 10.2 11.6 1.02 1.3 11.0 11.5 8.0 8.1 0.0116 0.013 0.0059 0.0.0147064 Aug -00 11.8 0.81 1.38 10.6 110.9 7.9 8.12 0.0122 0.0144 0.0061 0.0069 Sep -00 9.8 0.014 0.016 0.0067 0.006 0.0081 0.008 Oct -00 9.1 9.8 0.57 0.93 0.97 10.4 10.9° 10.7 12.2c 7.8 8.1 0.012 Nov -00 8.98 9.75 0.49 7.7 8.14 0.014 0.48 0.67 12.49 12.49 7.85 7.85 0.0109 0.0109 0.0059 0.0059 Dec-OOd 8.2 9.5 Jan -Ole 7.3 7.6 0.39 0.52 17.59 20.33 0.0095 0.011 0.0044 0.0049 ;fi'eb-01 8.15 8.6 0.26 0.34 7.93 8.06 i1Mar-01 6.56 8.67 0.31 0.44 15.76 15.5 18.18 17.6 8.0 8.1 0.0105 0.0116 0.014 0.0038 0.008 0.0042 0..008 Apr -01 7.9 9.6 0.47 0.70 7.97 8.06 0.012 May -01 9.1 10.0 0.66 0.86 15.02 12.01 1118.39 1112.34 17.9 117.96118.08 8.1 0.0114 0.0127 0.0139 10.0147 0.0043 0.0049 0.0053 Jun -01 10.4 11.4 0.97 11.31 10.0058 111.46 111.59 117.9 0.012 IF07015 0.005 0.0056 Jul-Ol 10.3 11.8 0.98 1.45 8.02 Aug -01 10.7 111.78 119 1.52 11.27 11.39 7.84 8.02 0.0139 0.0154 0.0062 0.0069 1 9.7 10.80.81 1.30 10.84 _10.90 117.8717.9 7.84 0.0141 0.0148 0.0068 0.0073 1 9.22 10.67 0.64 11.05 10.57 10.79 8.05 0.0120 0.0135 10.0049 110.0061 Notes: a During the month of July 2000, the Lake Source Cooling Heat Exchange Facility was commercially operational (following a brief commissioning period) from July 17 through July 31, therefore the data reported in the DMR is reflective of the 15 days of operation out of the 31 total days in the month. b The data reported for soluble reactive phosphorus in July 2000 is from one sampling date, 7/27/2000, during the last calendar week of July. The SPDES permit requires soluble reactive phosphorus samples to analyzed weekly. Although a sample was collected by Cornell University during the third calendar week of July, the sample was not analyzed due to laboratory error. This error has been corrected. c One of the five samples analyzed for dissolved oxygen had a false high result and was eliminated from reporting on this DMR on the recommendation of our consul tant/analytical laboratory, Upstate Freshwater Institute lnc. d The LSC discharge was shut down for emergency repairs on December 8, 2000 and remained off line for the rest of the month of December. The data reported on the DMR is reflective of monitoring conducted between December 1 and December 8 (samples are collected weekly, so the data is from one sampling event). e Please note that there are no data presented in the DMR for effluent parameters DO, pH, total phosphorus, and reactive phosphorus. The LSC discharge was shutdown for emergency repairs on December 8, 2000 and remained off line until January 29, 2001. Effluent sampling was conducted the week of January 29 as required by the permit; the effluent sample was collected on Thursday Feburary 1. The effluent data for the sample collected during the last week of January will be included with the data presented in the February DMR. i �I [ LSC 1 ( News I [ Tutorial ] [ Maps) [ FAQs ] [ Feedback 1 Questions or comments please email the Webmaster �RI'•LL Lake Source Cooling ' Humphreys Service Building, Ithaca, NY 14853-3701 Voice: 607-255-6648 FAX: 607.255-5377 [ LSC I [ News I [ Tutorial I [ Maps I [ FAQs I I Feedback I !tiliiies De: at : LSC : Monitoring : QMR Data: Table 2 rce Cooling Discharge Monitoring Report Data,., Notes: (fC "NA" is reported for all parameters for the month of March 1999 because the plant was not discharging at that time and the ambient lake water sampling program had not yet begun. There was no requirement for reporting until plant startup in July 2000. All ambient lake water analytical reported before July 2000 was reported voluntarily. 2. "No sampling" is reported under the Total Phosphorus and Reactive Phosphorus headings for months when ambient take water samples were not coll6cted. Ambient lake water phosphorus sampling is seasonal, required during the months of April through October. Ambient lake watertemperatures for winter months will be avilable in the spring. 3. All values reported are calculated per NYS DEC instructions found in the NYS DEC DMR Manual. Sampling is conducted in accordance with the monitoring plans Scope of Work for Water Quality and Biological Monitoring for Comell University's Lake Source Cooling (LSC) Facility Rev. 1. 1, dated 6/2000, transmitted to NYS DEC on 6/19/2000. 4. Daily Ave - A daily average is calculated for each sampling date, and is the arithmatic mean of analytical values. The value reported is the arithmetic mean of all daily average values for all sample dates in one calendar month. 5. Daily Max -The maximum of all the daily average values in each calendar month. 6. 7DA ARME - A seven day arithmetic mean temperature is calculated for each week with data from Sunday to Saturday. The lowest seven day arithmetic mean temperature is reported for each calendar month. a Temperature data were collected on 25 of 30 days of the month of April 2000, therefore the reported temperature data are representative of 25 days worth of data. Data is missing due to technical difficulties retrieving thermisters from Cayuga Lake due to weather and physical difficulties. During the winter the thermisters became lodged and stuck in a nearby structure and could not be retrieved until a diver could be safely deployed to remove them. During the delay several days of data were lost. b The ambient lake temperature data reported in this DMR is representative of data collected from April 5 through April 30. We do not have ambient (Tables 9 and 10). These data were collected mostly at deep water locations. No comprehensive data sets were found to represent conditions in the 1980s. Measurements were continued in the 1994 — 1996 interval as part of studies conducted to support preparation of the Draft Environmental Impact Statement for the LSC facility (Stearns and Wheler 1997). These included observations for both the shelf and deeper locations (Tables 9 and 10). The record will continue to be updated annually, for both a deep water location and the shelf, over the 1998 — 2002 period based on monitoring sponsored by Cornell University related to operation of the LSC facility. Summer (June — August) average concentrations are presented for the lake's upper waters; sources of data are included (Tables 9 and 10). Higher TP concentrations were observed on the shelf compared to deeper portions of the lake in 1994, 1995, 1996, 1998, 1999 and 2000 (Table 9). Distinctly higher chlorophyll a concentrations were observed on the shelf in the summers of 1994 — 1996 compared to deeper water sites, however, the averages were similar over the 1998 — 2000 interval (Table 10). The 1998 average does not include June observations. Summer average concentrations of TP and chlorophyll a for deep water sites are consistent with a mesotrophic trophic state classification (i.e., intermediate level of primary productivity; e.g., Chapra and Dobson 1981, Dobson et al. 1974, Vollenweider 1975). Table 9: Summer (June: - August) average total phosphorus (TP) concentrations for the upper waters of Cayuga Lake. Year Total Phosphorus (µg•L') Source Deep -Water Location(s) Southern Shelf 1968° 20.2 (n = 19) - Peterson 1971 1969° 15.3 (n = 22) - Peterson 1971 1970° 14.0 (n = 32) - Peterson 1971 1972c 18.8 (n = 22) - USEPA 1974 1973° 14.5 (n = 88) - Godfrey 1973 1994+® 21.7 3 0.8 Stearns and Wheler 1997 1995`'® 16.5 23.7 Steams and Wheler 1997 1996*'® 12.4 21.7 Steams and Wheler 1997 1998+ 14.7 26.5 UFI 1999 1999 10.6 15.9 UFI 2000 2000 11.9 19.4 this report ° Myers Point X one sample, multiple sites and depths averages of 0 m obseriations + July — August, 0 — 4 rn composite samples ++ 0 — 4 m composite samples ® site in 62 m of water, south of Myers Point, surface samples ° site in 70 m of water, south of Myers Point, surface samples 30 LSC Intake N 0 70 m approximate ®(6)-' depth contours 40 m ' (5)q �6 m ' �-- Wind (6) main lake LVI LSC discharge - (1)ED ®(3) m @J'pile - Ter I ®(4) clugu® (2) (7� S ite Key 8 - main lake reference LSC - intake location 11314,517 - south shelf 2 - Ithaca WWTP plume Ithaca Area 1 Cayuga Heights WwTP Cayuga Inlet) Fall Creek 1 Figure la. Sampling sites, setting, approximate bathymetry, for LSC monitoring program, southern end of Cayuga Lake._ - ... LSC Intake N 0 70 m approximate ®(6)-' depth contours 40 m ' (5)q �6 m ' �-- Wind (6) main lake LVI LSC discharge - (1)ED ®(3) m @J'pile - Ter I ®(4) clugu® (2) (7� S ite Key 8 - main lake reference LSC - intake location 11314,517 - south shelf 2 - Ithaca WWTP plume Ithaca Area 1 Cayuga Heights WwTP Cayuga Inlet) Fall Creek 1 Figure la. Sampling sites, setting, approximate bathymetry, for LSC monitoring program, southern end of Cayuga Lake._ Patterns and impacts of inorganic tripton in Cayuga Lake* Steven W. Effler, David A. Matthews & MaryGail Perkins Upstate Freshwater Institute, P. 0. Box .506, Syracuse, NY, 13214, U.S.A. David L. Johnson & Feng Peng Department of Chemistry, College of Environmental Science and Forestry, State University of New York Syracuse, NY, 13210, U.S.A. Michael R. Penn Department of Civil and Environmental Engineering University of Wisconsin -Platteville Platteville, WI, 53818-3099, U.S.A. Martin T. Auer Department of Civil and Environmental Engineering Iichigan Technological University Houghton, M1,, 49931, U.S.A. Key words: tripton, optics, Secchi disc, turbidity, phosphorus * Contribution No. 207 of the Upstate Freshwater Institute unimea liocument .ALL Lake Source Cooling Humphreys Service Building, Ithaca, NY 14853-3701 Voice: 607-255-6648 FAX: 607-255-5377 [ LSC ] [ News 1 [ Tutorial ] [ Maps ] ( FAQs ] [ Feedback ] Utilities Dept : LSC : News: Articles Environmentalist Anne Ehrlich applauds LSC Yage t of i During the week of April 23, 2001 Anne and Paul Ehrlich visited Ithaca, NY as guest lecturer's at Cornell University's Center for the Environment. The Ehrlich's are distinguished faculty members at Stanford University, authors of widely -read books on the environment, and respected members of the environmental community. During their visit to Ithaca, Anne Ehrlich had an opportunity to tour the Lake Source Cooling project, of which she had become familiar from Associated Press articles in 2000. After the visit she made the following comments: "I enjoyed the visit, and was much impressed with the Lake Source Cooling project. It is an ingenious use of a nearby resource to reduce demand on fossil fuel energy supplies, which is especially needed now that we are facing probable energy shortages this year. In a longer term perspective, it is a start on reducing use of fossil fuels, as is necessary in view of prospective climate change due to global warming from emissions of greenhouse gases. Cornell is showing leadership in taking this step, with a potential to inspire other universities and other large institutions to look for and implement innovative solutions to the new energy dilemma." [ LSC 1 [ News ] [ Tutorial ] [ Maps ] [ FAQs 1 [ Feedback ] Questions or comments please e-mail the webmaster http://wwlvv.utilities.comell.edu/LSC/Recognition/Annehrlichletter.htm 9/17/2001 Y 1000 100 tM 40 10 1 0.1 Review of 443 measurements of lakes world-wide V. Smith (1998) , ' • 2• 00 Horne's (1998) prediction ,.o �''�•; \ . t«i:-• �: Cayuga Lake 196&73,1994-96 •� :• Cayuga Lake 2000 •,. 1 10 100 TP (ug/1) • • 1000 10000 "JC C)WNF TOWN OF ITHACA, NEW YORK AGENDA NU. 20 () MONTH L Y R E P O RT NOVEMBER, 2001 TO THE SUPERVISOR.: PAGE 1 Pursuant to Section 27, Subd 1 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: A1555 87 DOG ENUMERATION A1556 1 SPCA CONTRACT A1557 1 SPCA IMPOUND FEES A2389 VOTING MACHINE FEE A2530 GAMES OF CHANCE LICENSES BINGO LICENSES 1 BINGO FEES 1.34 A2540 TOTAL A2540 A2544 87 DOG LICENSES A2701 REFUND PRIOR YEAR EXPENS 14 BUILDING PERMIT 4,340.00 2 BUILDING PERMIT EXTENSIN 50.00 5 FOUNDATION PERMITS 575.00 1 CERTIFICATE OF OCCUPANCY 50.00 TEMP. CERT. OF OCCUPANCY 181.20 87.00 397.47 100.00 1.34 174.00 2001 SPORTING LICENSES 2002 SPORTING LICENSES 8.00 5 MARRIAGE LICENSES NO, 01075 TO 01079 43.75 AGRICULTURE REPORT COPY AERIAL PHOTOS 7 MISC. COPIES 9.95 COMPREHENSIVE PLAN 1 ENVIRONMENTAL REVIEW 2.50 2 MARRIAGE TRANSCRIPT 20.00 NOISE ORDINANCE RETURNED CHECK — CLERK RETURNED CHECK—TAXES RETURNED CHECK— W&S OPEN SPACE REPORT 1984 OPEN SPACE REPORT 1997 POSTAGE SIGN ORDINANCE SIX MILE CREEK REPORT 1 SUBDIVISION REGULATIONS 3.00 2 TAX SEARCH 10.00 1 USE OF PARKS & BLDG 50.00 WETLAND GUIDELINES WATER & SEWER SEARCH ZONING MAP 4 ZONING ORDINANCE 34.00 A1255 TOTAL TOWN CLERK FEES A1555 87 DOG ENUMERATION A1556 1 SPCA CONTRACT A1557 1 SPCA IMPOUND FEES A2389 VOTING MACHINE FEE A2530 GAMES OF CHANCE LICENSES BINGO LICENSES 1 BINGO FEES 1.34 A2540 TOTAL A2540 A2544 87 DOG LICENSES A2701 REFUND PRIOR YEAR EXPENS 14 BUILDING PERMIT 4,340.00 2 BUILDING PERMIT EXTENSIN 50.00 5 FOUNDATION PERMITS 575.00 1 CERTIFICATE OF OCCUPANCY 50.00 TEMP. CERT. OF OCCUPANCY 181.20 87.00 397.47 100.00 1.34 174.00 TOWN CLERK'S MONTHLY REPORT NOVEMBER, 2001 PAGE 2 Paid USE PERMITS OPERATING PERMITS 2 FIRE SAFETY INSPECTIONS SIGN PERMITS 3 ZBA AREA & USE VARIANCES ZBA ADDITIONAL MTG. FEE 2 ZBA SPECIAL APPROVALS to ZONING SIGN APPROVALS B2110 TOTAL B2110 for SUBDV, REV. INITIAL APL. Town SUBDV. REV. PRELIM. PLAT 1 SUBDV. REV. FINAL PLAT SBDV. REV. PLAN REAFFIRM to SITE PLAN INIT. APL. FEE NYS SITE PLAN PRELIM. PLAN 1 SITE PLAN FINAL PLAN Sporting ADD. MTG. FEE AGENDA PRO ASS. MTG. FEE P.H. PROCE B2115 TOTAL B2115 Paid to Supervisor for General Fund Paid to Supervisor for Part Town Paid to NYS DEC for 2002 Sporting Licenses Paid to County Treasurer for Dog Licenses Paid to Ag & Markets for Dog Licenses Paid to NYS Health Department for Marriage Licenses Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements DECEMBER 41 2001 112.50 240.00 200.00 70.00 100.00 5,567.50 170.0 941.01 5,737.50 109.00 128.53 24.00 56.25 61996o-29 , SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA TEE -ANN HUNTER, being duly sworn, says that she is the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated, ercepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public/Councilman Agenda Item No. 20 (b) Town of Ithaca Town Board, December 10, 2001 Highway Department Report for November 2001 Highway Facility A meeting was held on November 28, 2001, with Hascup and Lorenzini and all Highway personnel to discuss the general space needs. Hascup and Lorenzini used the MRB space needs study as a basis for the discussions. They wanted to make sure that the general spaces as laid out in the MRB report were still adequate for our needs. They also wanted to gather ideas from the people who worked here on the best way to design these spaces for maximum utilization. They took many notes and left drawings here for the Highway personnel to mark up with any further ideas they might have. We will be getting together again the week of the December Board meeting to further develop these ideas. We are going to develop a time line for the progress of this project. Parks and Trails The pavilion at East Shore Park has been completed. A picnic table was placed in the structure. A garbage can will be installed soon. Final mowing of the parks and trails sites was continued in November. Clearing leaves from the parks and trails was done this month also. We worked on the Michigan Hill Trail site on South Hill in the Chase Pond area. We received ten free Weeping Cherry trees from the Central New York State Nurserymen's Association. They were planted at each of our developed parks. Roads The semi-annual leaf collection took place during November. Due to the warmer weather, we continued the project longer than anticipated. We have developed a new plan that we would like to get input on from the residents. We will be talking to Lisa Titti on putting a "survey" on the web site to get feedback. Maple Avenue was re-signed now that the project has been completed. We worked on several maintenance projects this month and enclosed a ditch with underground drainage pipe. Water and Sewer The Town's Highway crews repaired two water main breaks—at 347 Coddington Road and 227 Snyder Hill Road. They also repaired one break for the Town of Dryden on Forest Home Drive. Other water work included installing two new pre -fabricated fiberglass buildings at the Sapsucker Woods Road and Pine Tree Road water tanks. This will allow us to bring telemetry and control equipment out of the existing pits—eliminating some of our confined space entry problems. Our crews preformed several confined space entries and completed yearly confined space training for entrants, attendants, and supervisors. A new 1" water service was installed for the resident at 536 Elm Street Ext. by Town crews as well as several other minor repairs on services at other locations. The Highway crews repaired sewer laterals on Seven Mile Drive and Whitetail Drive— eliminating ground water infiltration problems there. These were located using the SJS sewer camera. We also used the sewer camera to document a grease problem in the mains below East Hill Plaza. We are now working with Cornell to locate the source of the grease and develop remedies to the problem. Projects for December 1. Parks and trail maintenance. 2. Water and sewer maintenance. 3. Cleaning ditches on several roads. 4. Snow removal, as needed. 5. Catch basin cleaning. 6. Sign installation. 7. Tree and brush removal. 8. Hauling of stone for 2002 projects. W Town Engineer's Report for 12/10/01 Town Board Meeting GENERAL Records Management Engineering staff is continuing to work with existing record maps of the Town's water and sewer systems to develop an electronic GIS record map. All Town maps are being catalogued in the map database. Park and Open Space Highway The Engineering staff is coordinating with the Highway Department and Planning Department on the Hanna Pew Trail project. Plan development has been started and design development will be initiated this winter. The Engineering Staff has provided technical support to the Highway staff for the contract management of the Maple Avenue Construction project. Final Project payments have been approved and the contract file is being closed. 911/Emergency Operations Center Committee The Town Engineer is the Town of Ithaca representative on the building committee. The Town Engineer and Town Supervisor have been working with Barbara Blanchard, Chair of the Committee, on a proposal for the use of the Station Five site and having Town Engineering staff provide construction management services to the County for the project. Tompkins County Emergency Management Planning Committee The Town Engineer has been meeting with the committee that is drafting the Tompkins County Comprehensive Emergency Management Plan. The plan is being developed with guidelines from the Federal Emergency Management Agency and includes provisions for coordination of response and recovery efforts to deal with major natural and man made emergencies or disasters. The plan will provide guidance for preparedness, response and recovery policy and procedures. The committee is meeting monthly and includes representatives from county and municipal agencies including the Ithaca Fire Department, TC Health Department, Cayuga Medical Center, Public Works Agencies and the American Red Cross. Coordination is provided by the Tompkins County Fire and EMS Service. EARTH FILL PERMITS No activity has occurred on the City of Ithaca application for the proposed demolition and construction spoil disposal site on the Landstrom lot. An excavation permit was issued for tax parcel 60.-1-34.2 for construction of a drive way to serve the parcel. Access to the parcel is from the end of East Wood Ave in the City of Ithaca. The estimated volume of excavated material is less than 200 cy and approximately 40 cy of gravel will be placed in driveway. 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. TOWN ENGINEERS REPORT 12/10/01 West Hill Water System Installation of the Pump Station on Oakwood Lane and construction of 2000 feet of 10 Ductile Iron Pipe is nearing completion. All buried piping has been completed, pressure tested and chlorinated. The pump station has been completed and the pumps and piping have been assembled. The Control building has also been installed, with all related piping and control valves. Town Staff is working with the Electrician, Bolton Point staff and NYSEG on installation of the electric service and controls for the facility. The Contractor has completed basic site restoration this fall and the Town of Ithaca parks department will be completing landscaping work around the Oakwood Tank site in the Spring. This will include new tree and shrub plantings in a plan developed with the City of Ithaca. 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. Ithaca College Pump Station Ithaca College has seen an increase of water consumption due to recent expansion projects and enrollment increases. The current IC pump station, which is owned and operated by the College, includes two pumps, which are currently running at capacity almost 24 hours per day. The college is planning to replace the two pumps with two larger pumps to handle the increased water demand. The Town Engineer is reviewing the design to ensure that the existing Danby Road Tank distribution system will provide adequate flow to supply the new pumps. Ithaca College is currently using up to 400,000 gallons of water per day at peak times. SEWER PROJECTS Intermunicipal Sewer System The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for expanding the partnershi 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. West Hill Sewer System Survey Work for the replacement of the Trumansburg Road Hospital sewer line has been 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 2002. The Town Engineer has been looking at a possible sewer line along the North end of West Haven Road, which would serve possible frontage lots on land owned by Ecovillage. DEVELOPMENT REVIEW Site work for the PRI Museum of the Earth started in September. The Town Engineering staff has been inspecting the site periodically to ensure compliance with the approved site plan. The contractor has installed the required sediment and erosion control measures and is maintaining them. No site related problems have been noted. Project work has been shut down, presumably for the winter. Eco Village is continuing on the site work for the second resident group with construction on the roadways and driveway. Installation of the sanitary sewer system is also underway. Prior to the excavation work sediment control fence was installed below the construction area. Construction of fire protection improvements including a ductile Iron Pipe Fire line with three hydrants and a new dry hydrant for fire department use has been installed. l AreportAER PTO 12.doc Daniel R. Walker Page 2 t2/07/01 0 Agenda # TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF NOVEMBER 2001 Date Prepared: December 3, 2001 Dani L. Holford Building/Zoning Department Secretary U 0t p. 11 MONTH YEAR TO DATE l OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT C- FAMILY ATTACHED 2001 0 0 0 0 RESIDENCES 2000 0 0 0 0 SINGLE FAMILY DETACHED 2001 1 480,000 13 2,2301144 RESIDENCES 2000 1 212,000 18 21888,898 2001 1 300,000 6 1,240,000 TWO FAMILY RESIDENCES 2000 0 0 2 220,000 2001 4 73,400 21 303,176 RENOVATIONS 2000 2 319000 13 125,072 2001 0 0 2 459000 CONVERSIONS OF USE 2000 0 0 1 5,600 2001 0 0 17 532,874 ADDITIONS TO FOOTPRINT 2000 0 0 18 7309850 2001 0 0 4 794,800 MULTIPLE RESIDENCES 2000 0 0 7 196339200 2001 0 0 18 52354,901 BUSINESS 2000 1 500,000 6 1,100,800 2001 0 0 0 0 AGRICULTURAL 2000 0 0 0 0 2001 0 0 0 0 I TRIAL 2000 0 0 0 0 EVATIONAL 2001 1 IC modular 10,900 sq ft office 559,464. 16 15,5639694 2000 0 0 18 49755,808 1 City of Ithaca pedestrian bridge 3657000 1 Shed roof along accessory building 500 1 Outside wood deck 1 500 MISCELLANEOUS 2001 3 367,000 45 698,779 CONSTRUCTION 2000 4 789500 52 3,1369413 TOTAL NUMBER OF 2001 10 11779,864 142 269763,368 PERMITS ISSUED 2000 8 8217500 135 14,596,641 TOTAL FEES 2001 10 21085 142 279520 RECEIVED 2000 8 19295 135 203920 Date Prepared: December 3, 2001 Dani L. Holford Building/Zoning Department Secretary U 0t p. 11 I TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 11 1. 2 John Street - 16' x 32' inground swimming pool. 2. 1032 1/2 Danby Road - new deck and replace door with patio door. 3. 20 Renwick Heights Road - kitchen expansion. 4. Dryden Road (CU) - Wilson Lab temporary modular office building. 5. 229 Stone Quarry Road - residential building addition - temporary. 6. 201 Sheffield Road - above ground pool and deck. 7. 107 Rich Road - dining room, den, and mudroom addition. 8. 119 Park Lane - 14' x 16' play structure. 9. 119 Park Lane - play accessory structure. 10. 1005 Danby Road - 24'x 28' detached garage. 11. 112 Roat Street -convert existing enclosed porch into living space (home office). TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2001 -178 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2000 - 219 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 4 1. 111 Tudor Road - building code - abated. 2. 125 Ridgecrest Road - building code - pending 2/l/02 abatement. 3. 222 Sapsucker Woods Road - property maintenance - abated. 4. 136 Seven Mile Drive, Lot #14 -building code -abated. From October 2001: 1. Pennsylvania and Kendall Avenues - noise - abated. 2. 201 Sand Bank Road - use - pending 12/17/01 ZBA. 3. 107 Pine Tree Road - property maintenance - no violation found. From September 2001: 1. 1408 Hanshaw Road - building code - abated. From March 2001: 1. 370 East King Road -building code -pending. From December 2000: 1. 172 Calkins Road - property maintenance - (partially abated). From May 1995: 1. 1152 Danby Road -zoning and building code -legal action pending. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2001 -122 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2000 - 54 I TOTAL FIELD VISITS THIS MONTH -60 arniform Building Code - 50 cal Law and Zoning Inspections - 5 e Safety - 2 (1 museum, 1 business) Fire Safety Reinspections - 1 nursing home Fire/Emergency Occurrences - 1 (storage building destroyed [electrical]) Fire Occurrence Reinspections - 1 TOTAL FIELD VISITS YEAR TO DATE, 2001 - 828 TOTAL FIELD VISITS YEAR TO DATE, 2000 - 1052 TOTAL SIGN PERMITS THIS MONTH -0 TOTAL SIGN PERMITS YEAR TO DATE, 2001 - 8 TOTAL SIGN PERMITS YEAR TO DATE, 2000 -13 ZONING BOARD OF APPEALS 1 MEETING, 4 CASES, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, NOVEMBER 19, 2001 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, November 19, 2001, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Aung San, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain an existing residence with a carport having a 6 foot + west GcatNie.�, side yard building setback (10 feet required), at 1431 Slaterville Road, Town of Ithaca Tax Parcel No. 58-1- 24.2, Residence District R-15. APPEAL of Sara Sullivan and Joseph Harrington, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing GcacAg)�,, residential building with a 14.5 foot south side yard building setback (15 feet required), at 102 Terraceview Drive, Town of Ithaca Tax Parcel No. 58-2-39.19, Residence District R-15. APPEAL of John and Carolyn Neuman, Appellants, Vincent Mulcahy, R.A., Agent, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to demolish an existing residential building and replace it, on a non -conforming parcel of land at GCao,}e�, 1077-1079 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21-2-7, Residence District R-15. The property is non -conforming as it contains two residential buildings, whereas only one is permitted. APPEAL of Eric Jakobs, requesting an interpretation and/or variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to permit a yoga -wellness center at 855 Five Mile Drive, p}�cn Town of Ithaca Tax Parcel Nos. 31-2-15,46, Residence District R-30. The appellant states that a yoga, meditation, and wellness center is a permitted school use under said zoning ordinance; however should an interpretation be made that it is not a school use, then a variance is requested to permit a business -professional use of the property (which is otherwise not allowed). Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 273-1783 Dated: November 8, 2001 Published: November 14, 2001 Planning Director's Report for December 10, 2001 Town Board Meeting DEVELOPMENT REVIEW The following'are actions that were considered by the Planning Board. November 6, 2001 Meeting: Butler 3 -Lot Subdivision, 227 Enfield Falls Road: The Planning Board granted Preliminary and Final Subdivision approval for the proposed three -lot subdivision at 227 Enfield Falls Road, Town of Ithaca Tax Parcel No. 33-1-24.2, Agricultural District. The proposal includes subdividing Tax Parcel No. 33-1-24.2 into two parcels, one parcel north of Enfield Falls Road and one parcel south of Enfield Falls Road, and subdividing a strip from Tax Parcel No. 33-1- 24.2 and consolidating it with Tax Parcel No. 34-1-3.1. Karl D. Butler, Owner; Mark G. Masler, Esq., Harris Beach, LLP, Agent. Cornell University Oxley Parking Lot, NYS Route 366: The Planning Board granted Final Site Plan Approval for the proposed Cornell University Oxley Parking Lot located on NYS Route 366, Town of Ithaca Tax Parcel No. 63-1-8.2 and City of Ithaca Tax Parcel No. 31-1-1.2, Residence District R-30. The proposal includes the removal of the existing barn, development of a seasonal pedestrian, trail, construction of a permanent paved 149 -space parking lot, landscaping and site lighting. Cornell University, Owner/Applicant; Kimberly Martinson and Kathryn Wolf, Agents. Cornell University 'Wrestling Facility, Campus Road: The Planning Board granted Final Site Plan Approval for the proposed 15,000 +/- square foot wrestling facility at Cornell University, Campus Road east of the field house at the existing tennis courts, Town of Ithaca Tax Parcel No.'s 67-1-13.2 and 63-1-8.2 and City of Ithaca Tax Parcel No. 31-1-1.2, Residence District R- 30. The proposed facility will house the wrestling program and provide a 900 seat arena, associated training facilities, locker rooms, and offices that can be dedicated to varsity wrestling practice and competition. Cornell University, Owner/Applicant; Michael Husar, Project Manager, Agent. Trinity Lutheran Church Site Plan Modifications, 149 Honness Lane: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications to the previously approved site plan for the Trinity Lutheran Church parking lot expansion project, located at 149 Honness Lane, Town of Ithaca Tax Parcel No's: 58-2-4 and 58-2-5, Residence District R-15. The proposed modifications include relocation of handicapped parking from the east edge of the parking lot into the middle of the lot, and revision of the planting plan to fine- tune placement and types of plantings. Trinity Lutheran Church, Owner/Applicant; Peter Krusius, Agent, Recommendation Regarding Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Definition of Telecommunications Facility: The Planning Board issued an affirmative recommendation to the Town of Ithaca Town Board for the enactment of a local law Zoning Ordinance and Map be done through a Generic Environmental. Impact Statement (GEIS). This will be scheduled as an agenda item at the December 10'h Town Board meeting. The next COC meeting is scheduled for Wednesday, December 19, 2001 where the agenda will focus on consideration of a revised timeframe for completing the Zoning Ordinance revisions; an update regarding distribution of the draft Zoning Ordinance to boards and committees; discussion of referral of the draft Zoning Ordinance to the NYS Division of Agriculture and Markets for preliminary review and comment; and consideration of possible regulations regarding Concentrated Animal Feeding Operations (CAFO's). Transportation Committee: The Committee met on November 15, 2001, and had further discussion regarding available traffic data (accidents, volumes) and identification of locations for volume and speed studies that might be conducted; the County Freight Transportation Study (the Director of Planning and several members of the Committee attended the final Freight Study public meeting on November 1, 2001 and communicated the Town's position in opposition to the designation of Pine Tree Road as a truck route and designation of Ellis Hollow Road as a "no through trucks — local deliveries only" route; the Route 366 State DOT Bridge project; and the Forest Home Traffic Calming Study. The next Committee meeting is scheduled for Thursday, December 13, 200.1.. at 2:00 p.m., where the main agenda item. will be discussion regarding possible elements of a townwide transportation plan. ITCTC Planning Committee: The Planning Director attended the November 20th) 2001 meeting of the Ithaca -Tompkins County Transportation Council (ITCTC), and at the request of the Director, chaired the meeting due to the absence of the Chair and -retirement of the Vice -Chair. Agenda items included a presentation and discussion of the City's Six Point Traffic Plan; follow- up on the Transportation Enhancement Program grant applications (only two applications have been submitted — both from the City of Ithaca: Elmira Road sidewalk improvements, and part of the Cayuga Inlet Trail); updates on the Freight Transportation Study and the NESTS Transit Study; and a discussion regarding State shortfalls in funding and how this may affect projects on the Transportation Improvement Program (TIP) that have been slow in advancing. The next meeting is the joint Planning and Policy Committee meeting on Tuesday, December 18th, 2001 at 2:00 p.m. Route 366 Bridge Project: Town staff met with representatives of State DOT and Cornell to discuss landscaping and design details of the Route 366 Bridge project. NYSDOT confirmed that shoulders on the new alignment of Judd Falls Road would be 4 feet wide on each side. DOT will look at the possible redesign of the pathway (on the alignment of the existing Judd Falls Road) to add slight: curves to make it appear more natural in character, but it will have to be within the current right-of-way. DOT will not include any lighting of the pathway — this will be up to the Town to decide whether this facility should have any lighting. Cornell will provide one blue light equipped with a phone to be installed by DOT somewhere near the beginning of the pathway off of Route 366. The question of replacement of one existing street light midway up Judd Falls Road is still to be resolved. Options for guiderail treatment will be further discussed with the Town. DOT reiterated that the existing flashing traffic lights along Route 366 will be replaced in-kind, and there will not be a full three color stop light at Pine Tree Rd./Rt. 366. DOT agreed to submit drainage and erosion/sedimentation control plans to the Town for review before 3 AGENDA NO. REGULAR MEETING OF THE ITHACA TOWN BOARD December 10, 2001 Human Resources Report for November 2001 Personnel Committee: October Minutes attached. In November -the committee reviewed SCLIWC's union contract. Safety Committee: In November -the committee met twice to work on the final review of the safety manual. The manual is expected to go to the Town Board in January for consideration of approval. There was one Personal Injury Report filed. An employee hit head on duct in back of the inactive records room. The committee will review this at the next regular meeting. 20 (-F) Wellness Program: am: On the 15'' the annual wellness fair was held at the highway facility. There were 41 out of 68 employees that participated in the two hour fair. Of the total 41 employees: 15 where from Town Hall, 14 from highway and 12 from Bolton Point, 32 of those received the flu shot given by Univera. Training and Development: The Sexual and Workplace Harassment awareness training that was giving by Leora Amir, JET Inc., was well received by the employees. I want to thank Cathy, Mary and Ed for attending and giving support to how important these trainings are for the employees and the board members. Trisha Edgewood met with Creig Hebdon, Kathryn Prybylski, Kristie Rice and Tee -Ann Hunter to discuss the Access training that is being developed for them. Trisha also did some consulting work for us in regards to problems with our databases and the conversion to Microsoft Office 2000. Other: Year end luncheon reservations are due in to Connie Clark by December 14th Submitted By: Judith C. Drake, PHR Human Resources Manager Final Final Final Agenda Item # 5: Other: Union Contract: Mrs. Drake explained the staff vote for the Union Contract was done. The Personnel Committee can now continue working on the Personnel Manual and pull it together. Mr. Tunison says Bolton Point will have it for the Commissioners to consider at the November meeting. The Ithaca Town Board and the rest of the Towns & Villages will have it on their agendas for ratification later in November. Mr. Lesser asks since there is a union now, will there be a union representative involved with the Personnel Manual? No. Mrs. Valentino states that the union stewards usually work directly from what's in their contract. That will be the communication that Paul will have back and forth with the Personnel Committee as it relates to their contract. Mr. Tunison pointed out that the Union Contract says that they agree to accept the benefits as explained in the Personnel Manual. Health Insurance: Mr. Salmi asked if there would be changes in our regular Health Insurance, Mrs. Drake replied, not this year' There will be meetings held in the next 6 months to get feedback from the employees in regards to what changes they would recommend to the Town Board, if we had to make some, i.e. co -pay, cost share percentage, etc. There will probably be a RFP sent out in June or July 2002 to get more information on what programs are available. The Blue Cross/Blue Shield merger with Excellus went through. The merger joins Blue Cross/Blue Shield and Univera under one umbrella and they are looking to bring some product changes out in 2003. Mrs. Valentino states that the Town would like to continue paying 100% for the employees' Health Insurance coverage, but that may not be the reality. In 2002 everything will remain the same, but there will be discussions with all staff about what might have to take place so there's no surprises. And hopefully, if we have to make some changes we can do them in a way that is acceptable to people. Exercise/Yoga: Mrs. Holford says she did not get a lot of interest on the exercise and yoga. Received 8 responses — 3/yoga and 5/exercise. Mrs. Drake says there is a room in the basement of Town Hall that would be a very nice exercise room. 4 fly OF I7v Agenda Item 20h TOWN OF ITHACA �, 1821 �� 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 rr .� o www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Network/Record Specialist Reportfor Town Board Meeting December 10, 2001 Web site: ❖ Network/Record Specialist to attend Town Board meeting to contribute to agenda item 16: Discussion of format for posting Town's 2002 budget on our web site. Will be prepared to give presentation of design ideas based on Town Budget Officer's recommendations. ❖ See attached examples of other Tompkins County municipality's 2002 budgets available on the Internet. •:• On Dec 3`d, the Town's site made IthacaNet's web site of the week. Each week IthacaNet, (www,.ithaca.ny.us), highlights a local site that reflects diverse and innovative uses of the Internet in our community. ❖ The Engineering Department has added a Project section to their page. The West Hill Water Improvement is currently featured. ❖ Work continues on developing a training manual for staff to maintain their web pages. Network: ❖ Microsoft Office 2000 software upgrade complete. ❖ Purchased software upgrade and an additional maintenance agreement for Town Hall network firewall. This purchase provides the network additional support for maintenance and troubleshooting our most critical security features, espectfully submitted, sa B. Carrier-Titti Network/Record Specialist Tompkins County 2002 Budget Board of Representatives . 2001 County Budget Public Information Tompkins County homepM Page 1 of 1 TOMPKINS COUNTY 2002 BUDGET 2002 ADOPTED BUDGET • Total budget: $103,935,991 • Local share: $50,656,398 • Property tax levy: $21,391,784 • Anticipated sales tax: $20,5509000 • Total fund balance used: $5,178,123 • Property tax rate: $5.69 per $1,000 of assessed value • Percent increase in tax rate: 4.5% Additional County tax on a $100,000 home: about $25.00 SEND COMMENTS 11 OR QUESTIONS homepage The 2002 Tompkins County Budget and Capital Program was was adopted by unanimous vote of the Board of Representatives on November 20, 2001. Details .. . Highlights of Budget Meetings To reserve a copy of the 2002 Adopted Budget •- available in January, 2002 -- call 274-5551. Copies will also be placed in public libraries in the county. Contact us Frequently asked questior • What does the County bt pay for? • Where does the money fl County services come frc • What's new in the 2002 c budget? • How does the County's budget process work? • What is the structure of CountYgovernment? BUDGET FACTS DOWNLOAD 2002 BUDGET DOCUME This page is maintained by Tompkins County Public Information. Last update: November 26, 2001. Need more budget information? Call 607-274,5555 or 607-274-5434. 0 In/cinI TOWN OF CAROLINE Page 1 of 5 2002 TOWN OF CAROLINE BUDGET Approved 11/08/01 GENERAL FUND ACCOUNT CODE 2000 2001 2002 Actual (as of 9/30/01) *** Appropriations *** General Government Legislative Board P.S. A1010.1 5,840 69000 6,180 Legislative Board C.E. A1010.4 761 19200 800 Municipal Court P.S. A1110.1 107000 13,000 149390 Municipal Court Clerk P.S. A1110.12 81650 99600 95888 Municipal Court EQ. A11102 232 31000 29000 Municipal Court C.E. Al 110.4 49976 39300 39300 Muni CourtTrials C.E. A1110041 0 21000 2,000 Supervisor P.S. A1220.1 77062 79275 79493 Supervisor C.E. A1220A 39419 69275 21400 Town Bookkeeper P.S. A1221.1 4,326 4,500 49635 Clerk P.S. A1410.1 14,632 159070 15,672 Deputy Clerk P.S. A1410.11 0 8,500 69100 Clerk EQ. A1410.2 0 750 250 Clerk C.E. A1410.4 11691 19700 1,700 Attorney C.E. A1420.4 179599 13,200 139596 Labor Attorney C.E. A1420.41 4,826 25000 1,000 Subdivision Attny C.E. A1420.42 0 17800 0 Attorney Expense C.E. A1420.43 0 500 500 Personnel Services C.E. A1430.4 0 0 21000 Engring-Subdivision C.E. A1440.41 0 2,500 0 Engring-Creeks C.E A1440942 0 29500 259000 Elections P.S. A1450.1 39480 31790 32790 Elections EQ. A1450.2 0 200 200 Elections C.B. A1450.4 265 300 300 Records Management P.S. A1460.1 0 500 500 Records Management EQ. A1460,2 0 496 200 Records Management C.E. A1460,4 0 104 100 Town Hall P.S. A1620.1 945 19000 17071 Town Hall EQ. A1620.2 140 180 200 Town Hall C.E. A1620.4 89945 51,119 409000 Town Hall Grant C.E. A1620.41 0 159000 0 Print/Mail C.E. A1670,4 2,683 3,100 37100 Unallocated Insurance C.E. A1910.4 189888 21,051 22,500 Page 1 of 33 httn://www.drvden.nv.ur,[Budget_htm 19-110101 TOWN OF DRYDEN 2002 ADOPTED BUDGET C 0 TAX RATE C REVENUES UNEXPENDED TO RAISE1 /1000 C 2002 2002 2002 C D C FUND ]JAPPROPRIATIONS11 2002 A GENERAL TOWNWIDE E $1,652,392 $826,917 $4651000 $360,475 DA HIGHWAY TOWNWIDEIF $1,3799150 $383,996 $475,000 $520,154 JE B GENERAL OUTSIDE �7[ $4219680 $181,930 $2391750 $0 DB HIGHWAY OUTSIDE F $8851000 $846,000 $39,000 $0 C TOTAL FOR TOWN 11 $4,338,222 $2,238,84'311 $1,218,750 $880,6291 $1.70 $1.29 C C C C W/O SPEC DIST SF1 DRYDEN FIRE 11 SPECIAL DISTRICT 2002 ADOPTED BUDGET $580,7081 $1,00011 $15,00011 SL1 VARNA ""][ LIGHTING $5,000 $100 $1,000 $3,900 $0.31 C SL2 ETNA LIGHTING 11 $3,600 11 $75 $625 $2,900 $0,381C SL3 MEADOW/LEISURE F $29000 $50 $425 $1,525 $0.51 C SM AMBULANCE DIST F $532,200 $124,250 $0 $407,950 $0.76 C C SS1 SAPSUCKER SEWER $159650 $97000 $5,950 $700 SS2 VARNA SEWER 11 $69,325 $23,000 $40,275 $6,050 SS3 CRTLAND RD SEW $10%1501F$10510 $3,150 I$1,000 JE SS4 MONKEY RUN SEW IF $111,0291L $30,175 $854 $80,000 1 IE SS5 TURKEY HILL SEW IF $749050 $89570 $27,480 $38,000 SS6 PEREGRINE SEW $2,750 $1,350 $0 $1,400 I JE SW1 VARNA WATER SW2 SNYDER HILL W $82,20011 $48,005011 $139060 $4,600 $24,200 $460 $10,000 $8,000 C C SW3 MONKEY RUN W E $117,646 $24,415 $27,231 $66,000 1 IF SW4 HALL ROAD W SW5 TURKEY HILL W TOTAL DISTRICTS $11,180 $7,48'0]1 $66,250 $15,050 $11795,798 $402,115 --1 $3,200 $7,500 $157,350 $500 $43,700 $1,236,333 0 C C C C TOTAL W/SPIECIAL DIST $6,134,020 $2,640,958 $1,376,100 $2,116,962 IF C httn://www.drvden.nv.ur,[Budget_htm 19-110101 AGENDA ITEM NO. 17 Commit -tee On ODen Government ATTACHMENT #6 ealing with -1 obert Freeman ecutive Director Committee on Open Government On occasion, inquiries are made regarding a requirement that: has ap- peared in the Freedom of Informa- tion Law since its enactment nn 1974, but which receives relatively little at- tention. Town Recorder editor Becky Connolly indicated that she's gotten a few questions on the issue and that its time for a few words on the subject As a general rule, an agency, such as a town, is not required to create records to comply with the Freedom of Information Law. In other words, that law ordinarily pertains to existing records. However, under §89(3), an exception to the rule relates to "...the records specified in subdivision three of section eighty-seven..." That pro- vision states in relevant part that: ia"Each agency shall maintain... c. a sonably detailed current list by bject matter, of all records in the ssession of the agency, whether or not available under this article. " The "subject matter list" required to be maintained under §87(3)(c) is not required to identify each and every record of an agency. Rather, I believe that it must refer, by category and in reasonable detail, to the kinds of records maintained by an agency. Further, the regulations promul- gated by the Committee on Open Government state that such a list should be sufficiently detailed to en- able an individual to identify a file category of the record or records in which that person may be interested [21 NYCRR 1401.6(b)]. I emphasize that §87(3)(c) does not require that an agency ascertain which among its records must be made available or may be withheld. Again, the law states that the subject matter list must gfffer, in reasonable detail, to the nds of records maintained by an gency, whether or not they are ailable. How do you go about preparing your subject matter list? I suppose you could go through each tab or the "Sub' e J heading in every filing cabinet kept in the town hall, the highway superin- tendent's office, and any place where town records are kept Or you could survey every employee and essen- tially conduct an inventory of the ct Matter List" Call Bob at 518474-2518, or write: Committee on Open Government, NYS Dept. of State, 41 State Street, Albany, NY 12231 You can also visit the state Committee on Open Govern- ment's Web site at: www.dos.state.ny.us/ coog/coogwww.htmi kinds of records that each maintains. That sounds like an awful lot of ef- fort, and we've suggested a solution to the problem that may be a little easier on you and town staff. My guess is that you have, either on your desk, or in close proximity, the rec- ords retention schedule developed by the State Archives. Very simply, it has been suggested that the retention schedule be adopted, by resolution of the town board, as the town's sub- ject matter list The. retention schedule is more complete than a subject matter list has to be, and it serves as a ready- made guide to the kinds of records that all towns maintain. In some in- stances, the schedule may include records that certain towns do not keep. In those cases, you can merely cross them out or mark them as not applicable ("N/A"). By using the retention schedule as your subject matter list, you can com- ply with law without reinventing the wheel. It also makes your job just a little easier and more productive and efficient. What Do You Put on Your Web site? I got a call recently from a Town Clerk who asked whether I thought it would be appropriate to place tran- scripts of meetings of the town board on the town's Web site. 4. My first question to her was whether, she or someone else pre- pares a verbatim of account of every- thing said during the entirety of every town board meeting, and she said that she does. From my perspective, there is simply no need to prepare a transcript of a meeting. Many boards tape record their meetings so that the accuracy of the minutes can be assured, and so that a detailed record exists that can be used, if necessary, for example, in the context of litigation. In most instances, however, a tape recording of a meeting can be reused or discarded after the four month re- tention period has been reached. Further, unless summary minutes are also prepared, it may be unwise to use a verbatim transcript of a meeting as the minutes. Section 106(1) of the Open Meetings Law contains what may be characterized as minimum requirements concern- ing the contents of minutes of open meetings and provides that: "Min- utes shall be taken at all open meet- ings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon." Based on the foregoing, minutes need not consist of a verbatim ac- count of everything that was said at a continued on page 6 Fall 2001 3 Town Recorder Freeman Continued from page 3 meeting; on the contrary, so long as the minutes include the kinds of information described in Section 106, I be - "minutes should consist essentially of the highlights of a meeting — the action taken by the board, and the votes of the members. lieve that they would be appropriate and meet legal requirements. In my view, minutes should consist essentially of the highlights of a meeting—the action taken by the board, and the votes of the members. Aside from the time and ef- fort needed to prepare -a verbatim account, and the resul- tant burden placed on the Clerk, a record that is so detailed will make it hard three or five or 20 years from now to wade through hours of discussion in an effort to find the relatively brief elements of the transcript that indi- cate the action taken by the board. Additionally, and you've probably heard me say this at your annual conventions, people make brilliant state- ments at meetings, and they also make ridiculous state- ments. But what is really important, again, is the action taken, the two-line resolution adopted by the board Moving now to the real issue, consideration of what to put on the Web, I think that summary minutes, those that reflect the basic elements required by the Open Meetings Law, are perfect A verbatim account of the entirety of a meeting may be difficult to read, but what really is troubling to some people is that their names and points of view may become avail- able via the Internet to anyone anywhere in the world. Through the use of today's powerful search engines, it is likely that something about every person who reads this can be found online by anyone with an Internet connection. Sometimes the response may be "So what The infor- mation contained in the transcript could have been heard by anyone in attendance at the meeting, or anyone else who hears or views a recording of the meeting." It's true that it's public, but it's also true that, unless you know where to look, it's hard to find. The issue really involves what the U.S. Supreme Court (in a different context) characterized as "practical obscu- rity. " The notion concerns situations in which records are public, but which may be difficult to find.There are many records that historically have been clearly public. Minutes of meetings, assessment records, building permits, traffic tickets, court records and many others have long been public and available for the asking. But to ask, a person had to have at least a few clues before gaining access. Not so long ago, and now in most cases, a person seeking rec- ords must, in the words of the Freedom of Information Law, "reasonably describe" the records. The request most often has to be made in writing, ' it must be sent or delivered to the agency that maintain records. That is not a difficult process, but some edge about the records, i.e., what you want and WT they are kept, is necessary to inspect them or to have cop- ies. More importantly, what people receive in response to a request is usually a book, a file, an assessment roll, or pages of paper to see or copy. The case relating to the idea of "practical obscurity" in- volved a request for conviction information pertaining to a particular individual that was maintained in an FBI data- base. The court recognized that conviction records are public. Anyone can walk into the courthouse and review a record of conviction. But which courthouse has the record? There are thousands of jurisdictions in the United States, and even if you know that the conviction occurred in your county, would you look in a town justice court, a village justice court, a city court, a county court, or a su- preme court? There may be dozens of possibilities even within your own county, and that makes some records that are un- questionably public hard to find. What happens when you place information on your "Choosing what to put online ... repre s a critical question of public policy." Web site? It becomes available, in essence, to anyone, and it is possible that personally identifiable information from one source may be combined to develop a "profile" when it is gathered with other entries accessible via a search en- gine. As I see it, placing summary minutes on a Web site is fully appropriate; that kind of record contains information indicating what the government is doing. But is putting the assessment roll or the voter registration list on a Web site quite the same? Both of those records have long been public, and thE courts have held that the electronic versions of those rec. ords (i.e., computer tapes) have to be disclosed. Th( question, however, is whether we want to make it so ease for people anywhere in the world to know your name an( your address, and perhaps other details of your life. Choosing what to put online in my view represents critical question of public policy. Even though a record i public, should we, as governments, choose to make available via the Internet? There is no good or simpl answer. Nevertheless, raising the question forces us + in about our actions, to weigh the pro's and con's, tr to respond in a manner that serves the greater g it that kind of thought process and careful delibera m hope is that government decision makers will reach cor clusions as "right" as they can possibly be. Town Recorder 6 Fall 200