HomeMy WebLinkAboutTB Minutes 2002-03-11 h
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, MARCH 11 , 2001 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NY
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Board of Representatives
4 . Report of Fire Commissioners
5 , Annual Report of the Town Supervisor
6 . 6 : 00 p . m . — Persons to Be Heard — Burns Road Residents
7 . 6 : 30 p . m . — Public Hearing to Consider Amendment to Zoning Ordinance to Allow
Community Buildings in a Multiple Residence District
8 . SEAR - Amendment to Zoning Ordinance to Allow Community Buildings in a
Multiple Residence District
9 , Consider Enactment of Amendment to Zoning Ordinance to Allow Community
Buildings in a Multiple Residence District
10 . 6 : 45 p . m . — Consider Status of Public Works Facility, Possible Special Meeting ,
and Set Public Hearing
11 . 7 : 00 p . m . - Public Hearing to Consider Execution of Fire Protection Contract with
the City of Ithaca
12 , Consider Authorization for the Execution of the Fire Protection Contract with the
City of Ithaca
13 . 7 : 15 p . m . — Public Hearing to Consider Execution of Fire Protection Contract with
the Village ofJ' Cayuga Heights
14 . Consider Authorization for the Execution of the Fire Protection Contract with the
Village of Cayuga Heights
15 . 7 : 30 p . m . Public Hearing to Consider Local Law Amending , Restating and
Regulating the Use of Town Parks , Trails , and Other Recreational Public Use
Facilities
16 . SEQR — Local Law Amending , Restating and Regulating the Use of Town Parks ,
Trails , and Other Recreational Public Use Facilities
17 . Consider Adoption of Local Law Amending , Restating and Regulating the Use of
Town Parks , Trails , and Other Recreational Public Use Facilities
18 . 8 : 00 p . m . — Presentation and Discussion of Cayuga Lake Local Waterfront
Revitalization Plan — Tompkins County Planning Department
19 . Set Public Hearing to Consider Adoption of Cayuga Lake Local Waterfront
Revitalization Plan
20 . 8 : 30 p . m . — Larry Fabbroni - City of Ithaca Engineer
21 . Set Public Hearing to Consider Enactment of a Local Law Rezoning Approximately
15 Acres from R- 15 Residence District to MR Multiple Residence District in
Conjunction with Proposed Development at Linderman Creek
22 . Consider Appointment of Chair of Agriculture Committee
23 , Consider Appointment of Agricultural Land Preservation Advisory Committee
24 . Consider Appointment of Town Representative to the Joint Youth Commission
25 . Consider Appointment of Conservation Board Member
26 . Consider Ratification of the 2001 Town of Ithaca Annual Report Submitted to the
State Comptroller
27, Consider Authorization to Hire Appraiser for Follow- Up Appraisal Review of
Potential Purchase of Agricultural Easement
28 . Consent Agenda Items :
a . Approval of Town Board Minutes
b . Town of Ithaca Warrants
C , Bolton Point Warrants
d . Regular Appointment of Environmental Planner
e . Appoint of Personnel Committee Members
f . Attendance at Town Clerk' s Annual Conference
29 . 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
30 . Report of 'Town Officials
a . Town Clerk
b . Highway Superintendent
c . Director of Engineering
d . Director of Planning
e . Director of Building and Zoning
f . Human Resource Manager
g . Budget Officer
h . Network/Records Specialist
i . Receiver of Taxes
i . Attorney for the Town of Ithaca
31 . Review of Correspondence
a . 2/ 13/2002 Letter from DOT re Sand Bank Road Speed Limit Request
b . 2/ 13/2002 Letter from DOT re Route 79 Stop Sign Request
c . 2/20/2002 Letter from DOT re Route 366 Pedestrian Path Lighting
d . 2/21 /2002 Letter from DOT re West Kind Road Speed Limit Request
e . 2/ 18/2002 Notice of Application for Liquor License by Francis L . Rogan
f . 2002 Legislative Program and Budget for the Association of Towns
32 . Consider (Executive Session to Discuss Possible Purchase of Agricultural
Easement:
334 Consider ,Adjournment
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
REGULAR TOWN BOARD MEETING OF THE TOWN OF ITHACA TOWN BOARD
MONDAY, MARCH 11 , 2002 AT 5 : 30 PM
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 present :
PRESENT : Catherine Valentino , Supervisor; Mary Russell , Councilwoman ; Carolyn
Grigorov , Councilwoman ; David Klein , Councilman ; William Burbank, Councilman ; Thomas
Niederkorn , Councilman .
EXCUSED : Councilman Lesser
ALSO PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ;
Daniel Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent;
Jonathan Kanter, Director of Planning ; Judy Drake , Human Resources Specialist; Andrew
Frost , Director of Building/Zoning ; Al Carvill , Budget Officer.
OTHERS : Kathy Luz Herrera , County Board District 5 ; E . Mulvihill , WHCU ; Joan Jurkwich ,
County Planning Dept; Lauren Bishop , Ithaca Journal ; Lorraine Moran , Joint Youth
Commission Candidate ; Noel Desch , 132 Updike Rd ; Joel Baines , 250 Burns Rd , Bill &
Sharon Hilker, 271 Burns Rd ; W . S . Hilker, 277 Burns Rd ; Tom Culbert, 120 White Park
Rd ; Carl Sgrecci , Ithaca College ; Herman Sierbeting , I . A. D , ; David Lorenzini , Hascup ,
Lorenzini Architects ; Doug Stauffer, 275 Burns Rd ; Burt Amernowski , Ithaca Fire Dept;
Brian Wilbur, Ithaca Fire Dept; David Tyler, Village of Cayuga Heights ; Jeffrey Silber,
Village of Cayuga Heights ; Clifford Blizard , Town Conservation Board ; David Weir, 430
East Shore Dr; Rick Manning , 114 Dey St , LWRP ; Eva Hoffmann , Town of Ithaca Planning
Board ; Barney Unsworth , Town Conservation Board ; Larry Fabbroni , 127 Warren Rd
Call to Order:
Supervisor Valentino called the meeting to order at 5 : 30 p . m . , and led the assemblage in
the Pledge of Allegiance .
OTHER BUSINESS :
Supervisor Valentino - First order is a report from our Tompkins County Board of
Representatives and we have one of our new representatives tonight.
Agenda Item No . 3 - Report of Tompkins County Board of Representatives .
Kathy Luz Herrera ., Tompkins County Board - Thank you for inviting me to be here tonight.
As I mentioned to Tee-Ann and Cathy , this won 't be a lengthy presentation , I hope that
that's good .
Since I ' m new, I thought some of tonight I 'd just tell you what I ' m doing on the Tompkins
County Board of Reps and that is: I 'm serving on three committees , one of them is
Economic and Work Force Development , I ' m a Vice-Chair, Mike Lane is the Chair of that.
As part of that , I ' m on the IDA and I ' m very happy to be on both of those committees .
Some of what we might be doing will I think be of interest to you all . Especially in the
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future , I ' ll be reporting on it and feel free , at any time , to ask me about it. I ' m also on
Charter Review, which , although methodical , and some say boorish , I think it is
really vital and important to look at all of the county legislation and to find out what we
need to update . Like , for example , in April we ' re going to look at graduated licensing ,
which is something that is being looked at all over the country for new drivers . Another
thing that might be of interest , we have a communications infrastructure report that Albert
Wong . And although I can 't pretend to understand all the technicalities of that, I do my best
to stay abreast of that whole issue . I ' m on the TCAT Board and I 'm also on the Library
Board of Directors ,
don 't know what else to tell you all , but I have a feeling you might have some questions
for me , which I don 't guarantee an answer for right off the bat, but I will look into it and find
out . I ' m the 5th District Representative , I ' m one of your Town Reps and I ' m here to help
and to serve you all . I image I ' ll be learning a lot and I hope that you ' ll bear with me and
also help me out.
Supervisor Valentino — Kathy, the Charter Review, I get the minutes of just about every
committee , their agenda and when the meeting 's coming up . But I haven 't noticed in my
pile , the Charter Review. Have you had any meetings since the beginning of this year?
Ms . Herrera — Yes . We meet twice a month . So we 've had a couple . We've been looking
at weights and measures . I can get you copies , not only of the agenda , but also the
packets and let you see . Some of it looks mundane , but there are some things in there that
you might have an interest in . I ' ll make sure that I give it to you before the next meeting .
And if you want , I can see that , if you ' re not on the list for that , I put you on the list.
Supervisor Valentino — Okay. I ' m particularly interested , I heard Mike Lane talking about
some changes that we know are going to have to be made on how to fill a vacancy. For
example , between the City and the Town there is no provision for doing that . We talked
about the different sizes and the board and special elections . I ' m particularly interested in
following that process and re-apportionment and how you deal with re-apportionment .
Those are the two main things . Weights and measures you know, that might not be all that
exciting to me . But I think any of the Charter changes that might have an impact on
representation in the Town like that, I 'd like to know about .
Ms . Herrera — I ' ll make sure that you get all that information .
Supervisor Valentino- That's fine to get the whole thing .
Councilman Niederkorn - Do you have a timetable on that charter? •
Ms . Herrera — I 've heard August. I ' m not sure that that is when it's going to happen , but
that is the goal that we set . We' re moving along . I understood that 2/3 of it was done
before I got to go to these meetings .
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Councilwoman Russell — Kathy, what are you considering as far as graduated driver's
licenses go? There is now conditions put on new driver's licenses , they can 't drive after
9 : 00 and things like that . So what other restrictions are you considering? Do you know at
this point?
• Ms . Herrera — What I saw copies of legislation that has to do with looking at the statistics of
teen drivers and they have more accidents the more teens there are in the car. They're
looking at limiting that and having it graduate from one other, I think it's teen in the car,
maybe one other person , and then also have it be time sensitive , like a curfew. I think
there 's one more element there . We got to look at the sample legislation and they' re not
going to talk about it until next month . So what I can do is get you a copy of the two sample
laws that we looked at were virtually identical , as far as I can tell and they had similar
provisions . I think the idea is that they would save lives .
Councilwoman Russell — Okay great. That sounds good . Thank you .
Supervisor Valentino — Any other questions for Kathy? Thank you very much ; we look
forward to working with you . I just noticed that Lorraine Moran walked in and she is on our
agenda for item number 24 as an appointment as a Town Representative to the Joint
Youth Commission. So I hope every one has looked at that and looked at her resume .
Lorraine, would you like to come up and introduce yourself.
Agenda Item No . 24 — Consider Appointment . of Town Representative to the Joint
Youth Commission
Lorraine Moran — Hello . My name is Lorraine Moran and I was lucky enough to be invited
by Sandra Gittleman , who knows me , to take a look at the Joint Youth Commission and go
to a few meetings . My background as a social worker, I think , probably would help me be a
good Joint Youth Commission Member and I feel like I could make a contribution . I just
wanted to put my Face in front of you so that you could see who I am . I look forward to
getting a chance to be on the Commission .
Supervisor Valentino — Does anyone have any questions ?
RESOLUTION NO . 2002- 38 — Appointment of Representative to the Joint Youth
Commission
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby
appoints Lorraine Moran as the Town of Ithaca Representative to the Joint Youth
Commission for a term beginning January 1 , 2002 and ending December 31 , 2003 .
• MOVED : Supervisor Valentino
SECONDED : Councilwoman Russell
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VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously .
Agenda Item No . 5 — Annual Report of the Town Supervisor
Attachment no . 1
Supervisor Valentino — I ' m not going to read this because it is written out and there are
some copies available . I think just to say that the year 2001 was a very successful year for
the Town of Ithaca . As you can see , financially , we did better than we had expected on our
sales tax and our mortgage tax and our investments , that again , as everyone knows with
the down turning economy that's not going to be what we ' ll see in the future and we need
to be a little bit careful about that .
On the agenda tonight is going to be more discussion of our public works facility. At this
point, I ' m going to recommend that we set aside $ 1 , 000 , 000 . 00 from our fund balances
that we have in our account towards that and that we look to them for about $800 , 000 so
that we have a not-to-exceed amount for that facility and we ' ll be talking about that later.
The rest of it's there for people to read , but I think that as far as our staff and the things
that we 've done , particularly we want to thank all of our staff members , because they are
the people that have put in so much work on our behalf and have made our
accomplishments being able to complete and be successful . So again , I want to say thank
you to the Board and to the staff for all the work that you do for us . You can just read the
report , I guess .
Agenda Item No 22 — Consideration Appointment of Chair of Agriculture Committee
RESOLUTION NO 2002 -39 — Appointment of Agricultural Committee Chair
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca
hereby appoints Christiann Dean to serve as Chair of the Agricultural Committee for the
term beginning January 1 , 2002 thru December 31 , 2002 .
MOVED : Councilman Burbank
SECONDED : Councilwoman Russell
VOTE : p Y
Supervisor Valentino , aye ; Councilwoman Russell , aye ; •
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
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March 11 , 2002 Regular Town Board Minutes
Agenda Item No . 25 — Consideration Appointment of Conservation Board Member
Supervisor Valentino- The appointment of Diane Conneman , is that correct?
• RESOLUTION NO . 2002 -40 - Appointment of Conservation Board Member
WHEREAS , a vacancy exists on the Town of Ithaca Conservation Board ; and
WHEREAS , The Conservation Board 's Interview Committee recommends the
appointment of Diane K . Conneman ; now, therefore
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby
appoints Diane K . Conneman to serve on the Conservation Board for the term beginning
January 1 , 2002 and ending December 31 , 2003 ,
MOVED : Councilman Klein
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
Supervisor Valentino — We have George on the Planning Board and his wife on this one .
Councilwoman Grigorov — Well , we also have Eva on both of those committees too .
Supervisor Valentino — Oh , we do? Okay .
Councilwoman Grigorov — There 's some sort of precedence for that.
Agenda Item No . 2fi — Acknowledge Completion and Filing of 2001 Annual Financial
Report
Supervisor Valentino — Did everyone get copies of that? Did anyone have any questions
about that report? That's the report that we ' re required to turn into the state by February
28th , 1 believe , of each year. We' re one of the few municipalities that make that timetable .
• Most of the other ones ask for extensions until around May. So we ' re pretty proud that
we ' re able to get our records into good shape . With AI 's hard work , we' re able to turn that
in at the required time . Again , if you look at it you ' ll see that the Town came through with
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March 11 , 2002 Regular Town Board Minutes
very healthy fund balances for the completion of the year. So we ' re in good , sound
financial shape . Are there any questions about any of that?
Resolution No. 2002=41 Town of Ithaca 2001 Annual Financial Report
WHEREAS, as Chief Fiscal Officer, the Town Supervisor is pleased to report that
the Town 's Annual Report has been electronically filed with the New York State
Comptroller's Office. This report reflects the financial condition and activities of the Town
of Ithaca for the fiscal period January 1 , 2001 through December 31 , 2001 ; and
WHEREAS, as statutorily required, the Town Clerk has given legal notice that said
report has been filed and is available to the public; now, therefore, be it
RESOLVED, that this governing Board herein acknowledges the completion and
filing of the 2000 Annual State Comptroller's Report.
MOVED : Supervisor Valentino
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
Supervisor Valentino — Did I skip over appointment of the Agricultural Land Preservation
Advisory Commission ?
Councilwoman Russell — Yes .
Agenda Item No . 23 — Appointment of Agricultural Land Preservation Advisory
Committee
Supervisor Valentino — That's Mary Russell and then me as a proxy, then Bill Lessor, Fred
Wilcox , Thomas McMillan and Debbie Teetor.
RESOLUTION NO . 2002 =42 — APPOINTMENT OF AGRICULTURAL LAND
PRESERVATION ADVISORY COMMITTEE.
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby •
appoints the following individuals to serve on the Agricultural Land Preservation Advisory
Committee for a term beginning January 1 , 2002 thru December 31 , 2002 :
Mary Russell (Catherine Valentino , Proxy)
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March 11 , 2002 Regular Town Board Minutes
Bill Lesser
Fred Wilcox
Thomas McMillian
Debbie Teeter
• MOVED : Councilwoman Grigorov
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
Supervisor Valentino — Should we do number 27 , Consider Authorization to Hire Appraiser
for Follow up Appraisal Review of Potential Purchase of the Agricultural Easements ,
Jonathan Kanter — I ' d recommend that we wait until the executive session .
Agenda Item No . '31 — Review of Correspondence
Supervisor Valentino — Most of them are from DOT and have to do with speed limits . Sand
Bank Road speed limit was denied . West King Road was acknowledged , they' re looking at
it . Asking them to pay for the pedestrian path lighting on Route 366 was turned down so
we ' re going to go back and discuss that issue with Cornell because we have that whole
issue of the ownership of the land underneath the road and the path and both sides of it .
We really like to sit down and have a discussion with them about perhaps sharing the
costs of lighting that path because it seems pretty essential that we should have that path
lighted because , unlike our recreational paths , this is a path that is going to be used well
into the night . We really want to see if we can 't work something out and make sure that
that pedestrian path is well lit at night . Maybe Cornell would be willing to help us with that a
little bit. We had the Legislative Program and Budget from the Association of Towns . That
whole list of items that were on there were all passed at the Association of Towns . The one
big issue that . . . There were two things that had long discussions . One was there were a lot
of strong feelings against allowing towns to set their own speed limits . Quite a few of the
towns , especially the smaller, really rural towns , really didn 't want to have the authority to
do that. So that turned out to be quite a lengthy debate , but in the end the vote prevailed .
They' re going to go to the legislature . I didn 't get a chance , Will , to bring up the point that
you had asked about that one resolution on 9/ 11 where the word "prayer" was , because as
people know now, our train didn 't get in until really late on Sunday night. We were five
hours late getting into New York and the section where they talked about that had already
• happened . I apologize I didn 't get a chance to bring that up , but I was busy trying to get to
New York City.
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Councilman Burbank — Cathy , I have a question about Mr. Steven 's letter. Under the
highways . Is this typical of the kind of response we get from the State ? Reject , no detail
whatsoever. So we don 't even have the basis to understand .
Supervisor Valentino — Sometimes we ' ll have a discussion with them . I ' m trying to think ,
when they turned down the road , the one that we share with Dryden .
Fred Noteboom — Game Farm Road ?
Supervisor Valentino — Game Farm Road . When they turned that one down and we asked
them to go back again , they did give us some of their reasons . Usually we get no reason .
Councilman Noteboom— Although , I think one of the letters said they have a new policy.
Councilman Niederkorn — They' re trying to present a face of being kinder and gentler. We
already put in the resolution and petition and I suppose we ' ll be getting letters from the
residents . They still follow the same engineering outline in regard to the speed limit. It's
kind of a face that they' re trying to present. It does read nicer.
Supervisor Valentino - That's what usually happens . That's why we want to be able to set
our own speed limit. A lot of the towns just don 't want to have to deal with it because they
feel that all their constituents — this is one of their big arguments : every street and
neighborhood will want the speed limit lowered and it will become such a political issue
that they just didn 't want to have to deal with it.
Councilwoman Grigorov— They way it is now, at least we' re off the hook.
Supervisor Valentino — But still , we ' re dealing with an entity that doesn 't really know or
understand the nature of our community very well and what our needs are . It was quite an
interesting debate .
Councilwoman Russell —Could I mention the letter from our State Comptroller's Office that
was in our correspondence packet, I just put that in there today. I don 't think I advised the
Board that I had been invited to serve on the local officials advisory team at the
Comptroller's Offices . That group met once in the fall and is meeting again in March , with
the possibility of one more meeting , basically to help the Comptroller's Office formulate
new policies and generate user-friendly publications for the use of local officials . They
really value the feed back that they get at those meetings , as you can see from the letter.
Supervisor Valentino — It' s good to have Mary serving on that . I see people are filing in for
the 6 : 00 meeting . At some point , maybe tonight, the agenda is pretty long , but just let me
say that I really want to talk at more length about the Association of Towns Meetings in
New York City this year. I think Mary and Al will probably have some things that they want
to say about their sessions . I think , as difficult as it is to talk about Ground Zero and what
happened on 9/ 1 '1 , it' s also important for us to discuss the impact of that. A lot of the
supervisors ' sessions spent a lot of time this year talking to us about our responsibilities if
the disaster should hit our community. We talked about some of the obligations we ' d have
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state-wide , but I really don 't have time tonight , but I do want to get the opportunity to talk
about those things more . Maybe with the Town Board or some other forums if I get the
opportunity because I think it's important stuff. It's not something that we can put aside and
tell others that it' s too hard to talk about. It' s like other big events that happen , it is
important for us to deal with it and understand it and understand its impact and not let it
• slide by. So we ' ll have more discussion about that .
Agenda Item 6 — Persons to be Heard - Burns Road Residents
Attachment no . 2 : residents ' letter requests for Town Water
Supervisor Valentino opened this segment of the meeting at 6 : 00 pm .
Supervisor Valentino — Burns Road residents , I see quite a few of them are here . Would
you like to come up . I understand this discussion is about the problems with your water
supply and your wells . Okay.
Sharon Hilker, 271 Burns Rd — About 15 years ago we built the house on Burns Rd and
everything went really well , except for the water. Then we've kind of struggled with that
ever since then . W' e have a very low yielding well . The water is very bad , to the point that
we 've spent a good chunk of money trying to clean up the water so that we can use it, but
to no avail . We in:,talled a two pump system and it threw away so much of the water that
we didn 't end up with enough to use . It wasn 't a good investment , but it was a try. So we
just kind of strugglE:3d through . It's really hard if you have company or anything like that. We
give instructions on how to take a shower to keep your water as short as you can . About
five years ago , I opened up a top system in our home , which served about ten families in
the community. The water situation continues to be a problem and probably more so
because of the fetching more than just our family now. A while back before Christmas the
well , the pump went out on it . We had a lot of trouble since then . Our water is considered a
public source of INater because of having the day care in our home , so the Health
Department is involved . They have to test your water every month to make sure that it is
good . So we ' re working now on maybe having to put in some kind of a holding tank . Water
would be something that would really benefit our household . We don 't want to drill another
well , especially when we see the situations of our neighbors and also we don 't feel like it
would be a good investment of money. We could easily spend $ 10 , 000 and I don 't think
we 'd be better off with what we have . Probably our best bet would be to go quite a ways
down in the woods behind our house but we 'd have to make a road to do that. Perhaps it
could be something that we could have done , to have municipal water come Burns Rd .
Supervisor Valentino — How many homes are on the road ?
Ms . Hilker — They' re five . With a possibility of several more . Probably four more . It' s not a
huge growth .
• Supervisor Valentino- It's kind of limited on what it can take .
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Ms . Hilker - The watershed is right below it . So it's kind of odd that all that water is down
there .
Supervisor Valentino - But not available to you . 0
Ms . Hilker - It would make our lives a lot easier and we would definitely be willing , of
course I know that the tax burden would be on a lot more people than ourselves . It would
be a great help .
Councilman Niederkorn - Sharon , what side of the creek are you on ?
Mr. Hilker - We ' re on the Coddington Rd side .
Councilman Niederkorn - Where 's the nearest existing public water line now?
Ms . Hilker - Coddington Rd , which is not that far.
Supervisor Valentino - I think Dan did some formulating for you folks that were coming
tonight . But why don 't we give these other people that want to speak their chance and then
we can talk about that .
Joel Baines , 250 Burns Rd - My wife Jean and I have only recently moved into the house . .
We 've been in there the past two years . We had city water, so we know what a pleasure
that is to have . Now we have a well and I thought , in addition to Sharon 's comments , I
thought I might share with you some of the problems that the well has . First of all , we have
a very high sulfur content in the water. The sulfur fumes that accumulate in the basement
has to be controlled through use of a fan to ventilate the basement. That' s on about every
15 to 30 minutes throughout the day. The water- has to be treated-through a de-ionizing
system . In addition , there are extensive gas contents in the well . So we ' re thinking about
mining that for natural content because of the amount of gas that we have . Because ,
occasionally some gas gets into the line , it causes the water pump to fail to prime so then
the water pump fails or the water system fails . We have to Clorox treat the tank, a holding
tank about the size of a double size trash can . That has eliminated the coliform , we don 't
have coliform problems . But, what it does is it tends to vaporize the sulfur and the sulfur
fumes then are taken care of by the fan . We do not have a problem with volume , but
there's only two of us . It is a four bedroom , five bedroom house . There 's only two of us so
we don 't have the problem . We greatly appreciated city water because of the expense and
inconvenience and potential health hazard that those sulfur fumes in the basement might
be causing , they have little clue about how that works .
Supervisor Valentino - Thank you . Next? •
Doug Stauffer, 275 Burns Rd -1 live there with my wife and four children . When we first
moved in , the water was tested and we treat it with chlorine . As far as volume goes , we
usually have enough , the only time we have any problems is when relatives come . We get
about ten people then it's starting to be a little bit of a problem and you have to pay
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attention . The taste of the water is usually good , but about three or four months ago for six
months we had a terrible , it tasted terrible and it was staining our toilets brown . Suddenly,
mysteriously , that went away and now things are fine as far as taste and stains go . For us
it's livable , but city water sure would be nice . Thank you .
Supervisor Valentino — Town water.
Councilwoman Grigorov — Where is your house in relation to the Hilkers?
Mr. Stauffer — Well , the bike path , the jogging path there , we ' re right across from that.
We' re the brown house .
Councilman Klein -- So all the houses are fairly clustered together? They' re all between
Coddington Rd and the path ?
Mr. Stauffer — No . Between Coddington Rd and the path there are no houses . Right across
from the path , the continuation from the Hilker' s driveway it goes back to their house then
our house then Bill and Sharon 's then Jim and Liz on the same side of the road , which is
the east side . That 's probably half way down to the bottom of the valley where the creek
is .
Councilwoman Grigorov — They' re past the path ?
Mr. Stauffer — Everybody' s house is down hill from the path .
Bill Hilker— I am speaking on behalf of my son Jim Hilker, I think it's 271 Burns Rd , the one
furthest down the hill —255 . 1 can 't even keep track of my own number, much less my son 's
number. I helped him build the house down there . We tried putting in a shallow well ,
knowing how bad the deeper wells were and could not get water with a shallow well , which
would be similar to the one across from the trail , which basically, that house has got almost
a surface water reservoir because there is impermeable cap above the water supply . We
thought maybe if we tried something like that with Jim 's house , it didn 't happen , so rather
than try to put in a well , which would be similar to the one across the street , with Baines
here . He ' s now trying to find a spring , which has continual coliform problem to it . Also ,
about three months out of the year it's totally insufficient in volume . It pretty well dries up .
So he's having to , even at this time , ( right now he ' s in Florida , that's why he's not
here )he's having to buy water and have it dumped into the pump reservoir about every —
he puts in 500 gallons every two weeks or less . It gets quite expensive because there is no
flow rate at this time . During the summer time , he has a pretty good flow, but he still has
coliform because it's coming through sort of a muddy , grassy layer of surface material . So,
therefore , he has pretty bad water. I was involved in the Baines well when this was put in .
It had so much gars in that water supply , that when we cut the hole in the casing to put the
• adaptor in , the gas exploded and blew the cap off the well up in the air. My son Bill 's well ,
you can touch a match to that one and it will throw a flame about three feet high . There's
that much gas in his well . That's the problem with the wells there . The same thing , just as
a little history, further up the road , on the corner of Coddington and Burns Hill . There are
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March 11 , 2002 Regular Town Board Minutes
three wells on that property , two of them I know are gas , the other one is of insufficient
supply . The whole area has this kind of a situation . There ' s , evidently , a very large supply
of natural gas down there . You can 't tap it through the wells because , of course , it's a
natural gas that can 't be compressed , therefore you 'd have to use storage capacity, we 've
considered that . But what it amounts to is that all water in the area seems to be in the
same vein that the gas is in and consequently, there 's no good water there . If anything can
be done to help , it sure would be appreciated . I also have one lot on the road there which
at some point in the future we may want to do something with . So I ' m involved also . Any
questions .
Supervisor Valentino — Is there anybody else?
Noel Desch , 132 Updike Rd — I live around the corner from these folks on Updike Rd at
132 . You might ask how I got involved with this . Sharon Hilker is a very critical person in
my grandson , Noelie' s life , so when I dropped him at school one morning after Christmas , I
learned that they were out of water over the holidays so I began to get my curiosity up as
to what the issues were in that area . So I ended up talking with each of the neighbors to
find out what their situation was and then we had a neighborhood meeting to compare
notes and that triggered your receipt of a few letters . You ' re looking at about a 2000 foot
extension of a water main . Dan , I know, has the details of that. I would simply like to
impress upon you the urgency of the matter. It' s not only a health issue , but it's an
individual home safety issue , as well . Anything you can do to move the process along I
think would be justified in the public eye , as well as a direct benefit to the neighbors here . I
know there 's the issues of establishing a specific improvement and perhaps considering
borrowing funds to do it. John , I haven 't looked at Article 12 (C ) in quite a while , but I
believe that if you do have sufficient sewer fund balances that it might be possible to do it
without borrowing , which would obviate the need to have a potential permissive
referendum . I leave that in your hands . But that's the issue that's before us . Thank you . I ' d
be glad to try to respond to any other questions .
Supervisor Valentino — Dan , did you do a little research ? I know we didn 't have much time
to go in depth yet , but I think a little something would be appropriate .
Mr . Walker — There's no sense- 1800 to 2000 feet of water line would probably be required
to get down to the edge of the property at Jim Hilkers . The Baines property is quite long.
Of course , half of it 's gorge I think. The upper half. Your driveway's about near Jim Hilker's
right? So there are the five existing houses — the Baines house on the west, there's
another house towards the top of the Burns Rd/ Pines Rd intersection , then the three
houses on the east side , which are all below the railroad grade . There is a vacant lot,
which I believe is owned by Silsbuy, above the railroad grade , that has about 400 feet of
frontage on it. Then there 's about 160 feet or so of frontage that Bill Hilker senior's lot
fronts on Burns Rd . I don 't know if you have an interest of running it all the way back into
your house . I would be accessible . Basically, assuming- how deep is bedrock over there?
Bill , on the east side of the road ?
Mr. Hilker — I 'd say about 40 feet .
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March 11 , 2002 Regular Town Board Minutes
Mr. Walker — Assuming that we don 't have a lot of excessive road to drill , on the east side
of the road there 's a pretty good bank that we could build the water main into . We' d be
looking at a cost of about $40 a foot to put the water main in . We ' d be installing three or
four hydrants in that section . In sum it could cost us somewhere around $ 100 , 000 . That's a
• very preliminary estimate .
Councilwoman Russell — I ' m sorry Dan , what did you say for the figure?
Supervisor Valentino — Around $ 100 , 000 . And then there's the potential for what , maybe
four to six more houses in there did you say?
Mr. Walker — The way that the configuration is , I don 't think that another house could be
built on Bill Hilker Senior's property or he ' d lose his frontage . The Sillsbuy's , they could
probably break that up into three lots . So another three or four houses probably could be
built .
Supervisor Valentino — Six maybe , but no more than six.
Councilwoman Russell — I could be wrong , but I believe that the Sillsbuy's property is
protected by conservation , isn 't it?
Mr. Walker — Above railroad grade also ?
Councilwoman Russell — I ' m not positive about that.
Mr. Walker — No , they have another piece that's further down on Coddington Rd where
they were assessed at very high credit for assessment because they had so much acreage
and then that, they maintained the frontage lots accessible for water, but the back acreage
was removed . Since we 've modified a credit formula just to be based on frontage , it's
taken a lot of pressure off of the large land holders .
Councilman Klein -- Initially , you ' re talking five connections .
Mr. Walker —Yes . f= ive homes that would actually be connected with water.
Councilman Klein — It seems like this is a very serious problem and they've brought
compelling reasons . Are there any , aside from money, any reasons why we shouldn 't
consider this very seriously?
Mr. Walker — The only thing that would come into my mind is the concern about the
potential for increased development. But again , it's right up against the watershed . The
• properties on the east side of the road , other than the Silsbuys are pretty much the only
properties that can be developed before it goes down the hill . On the west side , he might
be able to subdivide it in the back, by the Baines property there , but I doubt if they would
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March 11 , 2002 Regular Town Board Minutes
ever do that because of the natural gorge it's very difficult . All that area is in the
conservation district, I believe below the creek .
Supervisor Valentino — So I don 't think we need to worry too much about real development •
pressures there . It would be pretty minimal . Like you said , the maximum would be six and
it looks like it would maybe be four houses at the most.
Councilman Klein — Would part of it , I ' m looking at the map , be in the conservation district
and some in R-30 ?
Mr. Walker — I believe that above the railroad grade it's R-30 and below it it's . . .
Mr. Kanter —There were just a few lots along Burns Rd that were left out of the
conservation zone which are pretty much the ones , most of the ones , that we ' re talking
about here .
Councilwoman Grigorov — If they were in the conservation zone there'd be even less
pressure .
Mr. Walker — Basically, as I see it, the only — is part of Sillsbuy's above the railroad grade
in the conservation zone?
Mr. Kanter — Does the conservation zone extend above were the creek is?
Mr. Walker — 200 feet . So only about half of their frontage is outside the conservation zone
in R-30 then . So I ' d say that the potential for development there is minimal .
Councilman Klein — So what would be the next procedure in this?
Supervisor Valentino — I would think that the next thing would be for Dan and his staff to
work with the people on Burns Rd and develop a detailed engineering report.
Mr. Walker — I ' ll do a detailed engineering report with the property owners for more exact
figures .
Supervisor Valentino — This is just an estimate at this point . I think if we go on , what would
be the next step is to do more detail .
Councilwoman Grigorov — I wouldn 't like to just rush off and do what we were talking about
doing at Vera Circle . To help the people . We shouldn 't just rush into this project without
considering Vera Circle . •
Supervisor Valentino — That's right, you 've got Vera Circle to come in .
Councilwoman Grigorov — It's a bigger problem , but it's the same thing .
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March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — That's right , it's a bigger problem — it's a more expensive problem
and there are some serious development pressures . We 've had that on our schedule for a
while to get back to those folks too , but we haven 't pushed that because of the
development pressures with some of the owners .
Councilwoman Grigorov — I think that we should study both of them to be sure that we
• have all this information .
Mr. Walker — This is a lot different than the sub division from the standpoint that's almost a
million dollar project. It would serve more residences if it does do through , they' re a special
district which has a lot of potential developable land .
Councilwoman Russell — It also doesn 't have the safety problem that these do .
Supervisor Valentino — Quantity problem , but not a safety problem .
Mr. Barney — A hundred thousand dollar project would probably just come out of the water
fund balance wouldn 't it?
Mr. Walker — I think that we could probably do that out of fund balance , yes .
Mr. Walker —We have a significant fund balance at Bolton Point, which if the structure
doesn 't change up there . . . .
Supervisor Valentino- We' ll be getting a substantial amount of money back.
Mr. Walker — Reinforcing our water fund balance , therefore reducing the excess fund
balance .
Supervisor Valentino — In other words , it's doable financially.
Councilman Niederkorn — So we should authorize Dan to do a more detailed engineering
study?
Supervisor Valentino — Okay and he can work with the folks there . You and your staff can
see if you can get better numbers and find out more .
Thank you very much folks and we ' re sorry to hear about your very difficult problem and
hope we can help you resolve it . Our attorney is writing the resolution that will allow us to
move forward shortly.
Mr. Desch — While John is writing , I did talk to the Salbuy's and they' re comfortable with
• the line going in , which you might want to confirm since their land is the vacant land and
they' ll be hit with additional benefits .
Supervisor Valentino — What were you saying about Sugarbush Lane?
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March 11 , 2002 Regular Town Board Minutes
Councilwoman Grigorov — I remember when water was going up Snyder Hill Rd , but they
forgot to include Sugarbush Lane on the map so each land owner there had to pay for the
water to be brought up the road , even though it was a town road . •
Supervisor Valentino — Was that before it was all one district? Was that when the line was
first going in ?
Councilwoman Grigorov — No . We ' re in the same district . It was just that they forgot to
include that road when they were doing the water line .
Supervisor Valentino — Do you know what year that was ?
Councilwoman Grigorov — The late sixties .
Supervisor Valentino — Yes , that was a separate district then .
Mr. Walker — I think they were consolidated in 1969 .
Supervisor Valentino — We moved up there in '68 and when we moved up there it was a
separate water district . We didn 't consolidate all the districts until the seventies , maybe . So
that was before the districts were consolidated . You can look it up , because we moved up
there in '68 and it was a separate district then .
Councilman Niederkorn — Our parent water formula is every hundred feet you pay a unit?
Supervisor Valentino — Every hundred and fifty now, isn 't it? We changed it to a hundred
and fifty.
Councilman Niederkorn — And then it's fractional ?
Supervisor Valentino — Yes .
AGENDA ITEM NO . 7 — PUBLIC HEARING - CONSIDER AMENDMENT TO ZONING
ORDINANCE TO ALLOW COMMUNITY BUILDINGS IN A MULTIPLE RESIDENCE
DISTRICT
Attachment no . 3 : maps & site plans
Supervisor Valentino opened this segment of the meeting at 6 : 30 pm .
Carl Sgrecci , Ithaca College — I ' m Vice President and Treasurer at Ithaca College and I ' m •
here to speak in favor, on behalf of the college , for the proposed change in the rules to
allow community buildings in a residential area . I specifically want to speak in regard to
how it relates to the College 's plans to use the College Circle Apartments to make a
residential area for our students . Our plan in terms of making a community for our
students , it is going to be esenssial that we have a common type area in order to be able
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March 11 , 2002 Regular Town Board Minutes
to plan activities and services to the up to 700 or more students that we hope will be able
to live there . A building of this nature is going to be very helpful to us in order to provide an
opportunity to constructively direct the energy of the young men and women who are going
to be there so that they will have an opportunity to meet each other in common areas , but
also be better informed and good , productive citizens of the South Hill . We will use a
building of this nature to house common things like where the students would get their
mail , where they would use laundry services , where there will be a physical fitness and
exercise area in this building for them to use . It will also be a place where we will plan to
provide offices for our professional staff that will be on site dealing with the students ,
providing programming , being there and being able to address problems if they have any .
Likewise , it will be a place where our security officers , that will be patrolling the site , will
have as a base to be able to work in and around the College Circle project as a whole . So
from our perspective , a community building is an essential item in reality, although it is
redundant to build a sense of community for the people who are going to be living in this
area . In many ways it's a mini town hall , if you will , for the many types of common activities
that will take place there . So we hope that the community building will serve to reinforce
the physical and programmatic links to Ithaca College and facilitate the successful
achievement of the mission of our residential life program . Thank you .
With no further persons to be heard , Supervisor Valentino closed this segment of the
meeting .
Supervisor Valentino — Is there further discussion from the Town Board or questions?
Me . Barney — I think a good example that seems to work in my observation is Eco-Village .
That's sort of the center piece of that kind of a development is to have a — now that's a little
different sort social structure clearly . They do have the space up there and they do use it
and it' s very pleasant and I just think that it makes all kinds of sense , to me at least, to
where you have development that is concentrated to allow this kind of a facility. We saw a
floor plan and a drawing of the community building up . . . That's the one I was talking about.
That's probably more elaborate than most of them would be because you ' re going to have
seven hundred people . But for something smaller in scale like Deer Run where I live , for
example , we couldn 't even afford a small one . I think it would make all the common sense
in the world if we could , to have one there . So I ' m very supportive of this .
Councilman Niederkorn — I would like to join John . I think it's a very important piece of
building community. As we know, where there have been persistent and on going
problems with that development in its present configuration . Mr . Sgrecci , if you could
speak a little more towards how this might positively, or this in tandem with the other things
that Ithaca College is doing , might help alleviate some of the problems that neighbors
have complained of such as noise .
• Mr . Sgrecci — Well , I think that generally speaking , some of the concerns that have existed
up there relate to how the facility is currently been managed . There have been some rather
large parties where they've had difficulty controlling the young men and women which live
there . Our approach to this is going to be substantially different. We are going to basically
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March 11 , 2002 Regular Town Board Minutes
have on-site college employees that are going to be there all day long to be able to enforce
a standard level of conduct that we will hold our students responsible for. We will have live
in student and resident advisors , just like we do on campus . There will be six live-in , they
are student employees , but that's they way we do it on campus , as well . They are also
responsible for holding students accountable for their actions . The students that will be
living there will be subject to Ithaca College judicial proceedings . They will be members of
our community. We ' re going to be doing a lot of activities that will literally make College
Circle an integral part of the Ithaca College community . We 've got plans before the
Planning Board to link the project by a road to campus proper. We will be installing all of
the same safety measures that we have on the rest of the campus . We will be bringing our
telecommunications voice and data communications to the site . Which means that we will
have our blue- light phone systems for emergencies . Our security personnel will be making
the same sort of rounds and holding people accountable for their actions on the College
Circle side as they do on the campus proper. But we do have to accept that this building is
still not as tightly woven in the campus proper as all the rest of our housing . We have
multiple places on the campus where there 's a lot of opportunities for people to meet and
that sort of thing . We have three dining halls on campus , which themselves serve as areas
where students can meet. So we think , being that it's somewhat away from the campus ,
we would certainly feel that having similar types of activities for our students to get
together or just to meet — to conduct actives , whether they were planned or informal , to
hold part of a class or discussion group to make this all part of the campus . I think that it's
going to be essential for us to have a presence there and the facility in itself will meet both
needs in terms of us having the presence that we think is necessary to change the
attitudes and enforce the regulations that they relate at the College Circle , as well as
providing the social space that we think is going to benefit the community in terms of
bringing around a different type of behavior as well as providing a service to the students .
Does that address your concerns?
Councilman Niederkorn — Very much . You mentioned one thing toward the end , which is
the communities benefit . I understand this may be made available to the neighboring
community on some kind of basis?
Mr. Sgrecci — I believe , on the campus , we occasionally make our facilities available for an
event in the neighborhood . I don 't see why this wouldn 't be available as well . It would have
to be on an availability basis because , clearly we have to make sure our students and staff
have the first priority use of it would be important to us . But it should be available for other
activities .
Supervisor Valentino — Okay . Thank you .
Mr. Kanter — Cathy, we also put on the tables tonight another illustration of a community
building that's in proposal and in approval , that happens to be going through the approval
process at the same time . The types of uses are similar, but maybe a little more limited
than the College Circle proposal with the exercise room , the computer room , the
community living room , storage , some office space , that type of thing .
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — So people have that on their desk too . I suppose the next thing
would be for us to move the SEQR .
RESOLUTION NOn 2002 - 43 - SEQR • Proposed Local Law Amending the Town of
Ithaca Zoning Ordinance to Permit Community Buildings in Multiple Residence
Districts
Attachment no . 4
WHEREAS , this action is the enactment of a local law amending the Town of Ithaca
Zoning Ordinance to permit community buildings in Multiple Residence Districts ; and
WHEREAS , said proposed local law would add "community building for use by
residents of multiple-family dwellings in the Multiple Residence Zone and guests" as a
permitted accessory use , which would apply to all areas zoned MR Multiple Residence in
the Town ; and
WHEREAS , the Town of Ithaca Planning Board is currently considering site plan
approvals for two Multiple Residence proposals ( Linderman Creek and College Circle ) that
would include community buildings , and these site plan submissions are undergoing site
specific environmental reviews ; and
WHEREAS , this is an unlisted action for which the Town of Ithaca Town Board is
legislatively determined to act as Lead Agency in environmental review with respect to the
enactment of local laws ; and
WHEREAS , the Town Board , at a public hearing held on March 11 , 2002 , has
reviewed and accepted as adequate the Short Environmental Assessment Form , Parts
and II for this action ;
. RESOLVED , that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and ,
therefore , neither a. Full Environmental Assessment Form , nor an Environmental Impact
Statement will be required .
MOVED : Councilwoman Russell
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
• Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
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March 11 , 2002 Regular Town Board Minutes
AGENDA ITEM NO . 9 — CONSIDER ENACMENT OF AMENDMENT TO ZONING
ORDINANCE TO ALLOW COMMUNITY BUILDINGS IN A MULTIPLE RESIDENCE
DISTRICT
RESOLUTION NO . 2002 -44 = ADOPTING A LOCAL LAW AMENDING THE ZONING •
ORDINANCE TO PERMIT COMMUNITY BUILDINGS IN MULTIPLE RESIDENCE
DISTRICTS
Attachment no . 5
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town Board on March 11 , 2002 , at 6 : 30 p . m . to hear
all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING THE
TOWN OF ITHACA ZONING ORDINANCE TO PERMIT COMMUNITY BUILDINGS IN
MULTIPLE RESIDENCE DISTRICTS " ; and
WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ;
and
WHEREAS , said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 (State Environmental Quality Review Act or "SEQR" ) of the New York State
Conservation Law it has been determined by the Town Board that adoption of said
proposed local law would not have a significant effect upon the environment and could be
processed without further regard to SEQR , and
WHEREAS , the Town Planning Board , after due consideration has recommended
adoption of such local law; and
WHEREAS , the matter was submitted for review to the Tompkins County
Department of Planning pursuant to New York State General Municipal Law Sections 239-1
and/or 239-m , and such Department issued its opinion that adoption of the proposed local
law will not have a significant adverse impact on intercommunity, County, and State
interests ; and
WHEREAS , the Town Board finds it is in the best interests of the Town and its
citizens to adopt the local law;
NOW , THEREFORE , be it •
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local
law entitled "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
TO PERMIT COMMUNITY BUILDINGS IN MULTIPLE RESIDENCE DISTRICTS " , a copy
of which is attached hereto and made a part of this resolution ; and it is further
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
RESOLVED , that the Town Clerk be and she hereby is directed to enter said local
law in the minutes of this meeting and in the Local Law book of the Town of Ithaca , and to
give due notice of the adoption of said local law by publication of such local law or an
abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with
• the Secretary of State of the State of New York .
Moved : Councilwoman Grigorov
Seconded : Councilman Niederkorn
Vote : Catherine Valentino , Aye
Mary Russell , Aye
Carolyn Grigorov , Aye
David L . Klein , Abstain
William Lesser, Absent
Thomas Neiderkorn , Aye
Will Burbank , Aye
The motion was carried .
RESOLUTION NO . 2002 -45- AUTHORIZE REPORT FOR PROVIDING WATER
SERVICE TO BURNS ROAD
BE IT' RESOLVED , that the Town Board authorizes , and requests the
Director of Engineering to prepare , at the Town 's expense , a general plan , report and map
for providing water service to approximately 2000 lineal feet of Burns Road , running
northerly from Coddington Road , all in accordance with Section 209-q and 209-1 of the
Town Law and to file such report with the Town Clerk upon completion , all at a cost not to
exceed $ 1500 . 00 ; and be it
FURTHER RESOLVED , that the officer of the Town be and each hereby is
authorized to take such steps as may be necessary or appropriate to implement the
foregoing resolution .
MOVED : Councilman Niederkorn
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov aye ; Councilman Klein , aye ; Councilman
• Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
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March 11 , 2002 Regular Town Board Minutes
Mr. Carvill — What is equal to $ 1 , 500 from the Town ?
Dan Walker — If you revert .
Councilman Niederkorn — When you authorize this kind of a report for this kind of a •
project , you have to authorize an appropriation for it . So we ' re authorizing , in effect , $ 1500
worth of time of Dan 's office to be spent on this project. It comes out of general town
revenues until you decide on the project at which point that becomes a charge of the
specific project.
Mr. Carvill — What about the water committee , and I ' m also concerned about the fact that
no one is here to question this being a capital project . The resources , categories , and all
the definitions haven 't been defined .
Councilman Niederkorn — We haven 't gotten to the point where we authorize the project
yet . That comes later. All we ' re doing now is finding out what the project is going to cost .
Mr. Carvill — But this does not encompass , it' s not part of, the five year plan that's been in
the accountable to be put into the capital project budget. We have benefit and water
assessments that haven 't been reviewed , which cover such areas as impact to other
residential areas . What are the long term effects . And we have a resolutions . I just want to
raise the point that have they been bypassed ?
Supervisor Valentino — No . The capital project plans have definitely been bypassed
because this is an emergency or a serious situation . In a five year capital plan , we made it
clear from the beginning when we started doing this that we were going to do it in such a
way that it would not preclude us being able to take care of other situations should they
arise .
Councilwoman Grigorov — It probably should go to the capital project meeting first before
we actually . . . I think we should put it through that whole process .
Mr. Walker — This will be brought to the capital projects committee .
Councilwoman Grigorov — Before or after this $ 1500 study?
Supervisor Valentino — We 've got to do the study.
Mr. Walker — I ' ll have a report to the capital project committee .
Supervisor Valentino- Then we ' ll have the information to plug into the whole matrix.
Councilwoman Grigorov — I think we should , at the same time , discuss any other areas
that have the same problems and expect the same treatment that we would give
somebody here .
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March 11 , 2002 Regular Town Board Minutes
Mr. Niederkorn — So it's clear that this study is being done without bias . We' re not
committing to the next step at this point?
Supervisor Valentino — This is just to get more information at this point .
Mr. Walker — We ' ll go through the Capital Project Committee Process and the budget
process for the Town to see if the funds are available . This is a request from residents .
Supervisor Valentino — And is this a higher priority or a lower priority than other things that
we have on the list and you 've got to evaluate that , too . And we 've got to decide how many
things we want to put on that . But again , as far as the Capital Plan , it is supposed to be a
flexible plan so that we can move things around should the need arise .
Mr. Kanter — We don 't really have a full five year plan yet , so it's only about a two year
plan .
Supervisor Valentino — Right , it's about a two and a half, three year plan .
Mr. Kanter — Hopefully the committees want to a better task , now would be the time to get
it.
Supervisor Valentino — That's right . We have some real challenges ahead of us .
Councilman Burbank — Are there other projects relative to water that we know, that have
been asked for.
Supervisor Valentino — Not really. But we have other water projects on our list.
Councilman Burbank — Are there other neighborhoods that have been experiencing similar
difficulties?
Supervisor Valentino — Yes , we have one other one . The Drew Subdivision . It doesn 't have
quite . . . There 's differences . This one has much more of a safety component to it. The Drew
subdivision is poor water. I think they've got enough water, it's just not very good quality .
That's their biggest problem . So there's differences . That's why we have this whole matrix
and evaluations system , so that we can weigh each one , look at it. Are we alright now?
Councilwoman Russell — What other projects were you referring to .
Councilwoman Grigorov — I thought there were some people out past the hospital .
Mr. Walker — No , that's sewer that they' re looking for. There was a request , I think, from
• someone on Iradell Rd , possibly. About that area . I know what you ' re talking about, it' s
Hayts Rd . That's a situation were we do not have good pressure and it's also standing
water past the significant opening area .
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March 11 , 2002 Regular Town Board Minutes
Councilwoman Grigorov — That's the one I was talking about.
Supervisor Valentino — Now some of the water problems out there , the pressure problems ,
are hopefully going to be resolved with Ulysses for those out past the hospital .
Mr. Walker — We have flow problems for fire flow and pressure fluctuation on Route 96
beyond Indian Creek .
Supervisor Valentino — I 've got to open the Public Hearing , I ' m late . That's not a regular
public hearing . I ' m sorry. At 7 : 00 . I ' m sorry , I saw 6 :45 . Can you remember what you were
saying ?
Mr. Walker — There are a number of other areas that have had requests for water. I see
this particular project as a fairly small infill type project where it's not requiring additional
pumping of additional storage . The project on Hayts Rd would be about 4 to 6 thousand
feet of pipe and would require pumps and tanks . Plus it goes through an agricultural zone
that the comprehensive plan has indicated that we should maintain as open space , so it
would increase development pressure . I believe the new zoning ordinance will help us
relieve some of that pressure with similar restrictions on the land . The Drew subdivision is
a very complicated and expensive project because it is so far away from the developed
areas . These are adjacent to existing developed areas . It's not going to put a lot of
development pressure on us .
Supervisor Valentino- We 've got a lot of stuff to weigh .
Councilwoman Russell — Well , the Drew Subdivision is a very difficult problem .
Supervisor Valentino — Well , the good thing is that we did set up this five year capital plan .
We do have a whole matrixing criteria so that we weigh each thing and evaluate them , I
think, fairly. So I think that because we have that system in place it's going to help us work
through this in a fair way.
Mr. Walker — On a note : we do have one project on the five year capital plan for some
water system improvements on King Rd . The pressure enhancement and improvement of
a p . r. b . that's in a pit right now that we want to bring above ground for safety reasons .
That's very close in proximity to this . It's only a couple of miles away from this project and
could easily be combined into one project . So that's an opportunity that maybe we could
have one contractor maybe do two projects in the same area to benefit both of the
projects .
Councilwoman Russell — Dan , that was on the capital planning list?
Mr. Walker — That is on the capital planning list currently .
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March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — So you could maybe tie the two of them together? That's a good
thought .
Councilman Burbank — When you complete that study , Dan , would it be possible for you to
very briefly summarize these other projects that you just discussed so that we could see
the whole plan .
Mr. Walker — Yes . I ' ll provide the update from the capital plan .
Supervisor Valentino — We have a little bit of a dilemma here . At 7 : 00 we have the public
hearing and 6 : 45 we were going to start talking about the Public Works Facility. We' ll start
No . 10 .
AGEND ITEM NO 10 — CONSIDER STATUS OF PUBLIC WORKS FACILITY,
POSSIBLE SPECIAL MEETING AND SET PUBLIC HEARING
Attachment no . 6 : preliminary budget & interior furniture drawings
Supervisor opened this segment of the meeting at 6 : 55 pm .
Supervisor Valentino — Okay , that's Fred and Dan . Do you want to get started on that?
I have something I need to tell you folks . We received a complaint, an ADA, American
Disabilities Act complaint was filed with the government . A Mr. Reynolds filed it . As near as
we can tell from the information that has been made available to us , it seems to be a
concern over the handicap parking space in the back . I 've been contacted by the
mediation service . Key Bridge Foundation does the mediation service , at no cost to the
Town they' ll come here to Ithaca . I explained to them that the painting back there was
temporary . It misses , it's supposed to be sixty inches wide , they miss and swerved in a
couple of places and it misses . I tried to explain to the US Dept of Justice that we would be
more than willing to go out there and paint it correctly immediately , but we were waiting for
better weather. Apparently , if Mr. Reynolds decides he wants to have a mediation meeting ,
then he' s entitled to have that . So the Key Foundation is setting up this mediation .
Councilwoman Grigorov- Who does pay for them ? The state?
Supervisor Valentino — Our taxes , our US taxes at work.
Mr. Barney — I would suggest that before that meeting you go and get it striped correctly
and you go to the meeting with a photograph and be very sure .
Mr. Walker — Is he saying because we didn 't paint a perfectly straight line , that at one point
it's narrower.
Supervisor Valentino — We explained to him that at the time it was temporary .
Mr. Barney — You can 't even tell from the complaint what the complaint is .
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March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — The government went ahead and it processed his complaint
without any written narrative about what the complaint is . There 's a picture and the only
reason I knew what they were talking about is because it is right outside my door and this
Mr. Reynolds came and spoke to me about it . So I ' m assuming that , based on this picture ,
that that's what he 's talking about . The government went ahead and processed this and I
don 't know if they had anything . We know it's too narrow in a couple of spots because
Kristi went out . Right in here it just waves in like half an inch or an inch .
Councilwoman Russell — It's too narrow, just on one end because the line isn 't straight.
Mr. Barney — It's about the striped area ? That's supposed to be eight feet.
Supervisor Valentino — According to what they' re telling me , John , they will be setting up
this session with Mr. Reynolds and with us . We don 't know 100 % , it's only because of that
picture . Okay , so I needed to tell you folks that , so I could cross that off my list.
AGENDA ITEM NO . 11 — PUBLIC HEARING — CONSIDER EXECUTION OF FIRE
PROTECTION CONTRACT WITH THE CITY OF ITHACA
Supervisor Valentino — I think the fire chief and Bob Romanowski are here . Here they are .
We 've talked about this for a long time and David Klien has been on the committee . As you
recall last time , I was concerned that I didn 't have the line item budget from the City that
would show us clearly what items are required budget and their revenues and expenses
and I 've been provided with that. Brian , remember I had the one question about Marshall
Lynch 's position . Did you get that information on that one?
Fire Chief Wilbur — We ' re compiling that now.
Supervisor Valentino — You don 't have it now, but you will have it . That was just a minor
thing . Anyway, so we have the budget , we 've already approved the code enforcement part
of it , if you recall . On the agreement itself, Brian , you and I were talking on page nine ; you
said that the lease is for forty years but the date was missing , July 14 , 1989 . We can add
that without a problem . And one little paragraph , that I faxed over to you was also missing
related to the lease . Tee-Ann has a copy of the lease for you so that you have it for your
files . So , I think we 've both agreed that we can add : those two items and these are the two
other little things we agreed about that need to be added that the City will provide us with a
copy of the Comptroller's Annual Report, and we ' ll have the program record , which we
verbally agreed to I believe . It's not included in the contract at this point . So , I think if we
agree on those , we have everything else .
Mr. Barney — The first sentence , "The City shall maintain a detailed program record of all
activity related to the fire department" is in the contract . So they' re adding after that that
the City shall provide us with a copy of the Comptroller's Annual Report and an
Independent Auditor's Report.
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March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — You don 't have a separate Independent Auditor's Report , do you ?
It's part of the whole City Audit. The City said that they' ll provide us with their Independent
Audit for the City .
Mr. Barney — This is the Comptroller's Annual Report for the Fire Department.
Supervisor Valentino — Add to paragraph nine that "The title of . . . .
Mr. Barney - The beginning sentence was in there because it' s just a repertory addendum .
Supervisor Valentino — Right . So those things were there before so they just inadvertently
got left out . Okay. Do any Board Members have any other questions . Let me just back up a
little bit. On the quo pro quo arrangement we are going to have the snow plowing , it shows
what the Town has been doing , but it didn 't specify that the City also gives . So those were
the last little details . Just quickly let me say to the Board , I know we've talked about this
several times and have gone through the different parts of it the thing about this agreement
and contract that I ' m very pleased about is the fact that first of all , it sets up a formula
based on the assessed value of the Town and the assessed value of the City so that in the
future , five years from now, when this is up instead of going into a sort of adversarial
negotiating , we want to pay less and they want to pay more , we 've got this formula set up
that will carry us into the future and put us on a very good intermuniciple , cooperative
relationship with the City . It also gives the Town , gives us more information , it gives us
more opportunities to interact with the Fire Department on hiring people , looking at the
contract, looking at the budget , reviewing the budget and being more real participants in
the whole structure than what we 've ever had in the past. So I ' m very pleased to
recommend to the Board the approval of this agreement because I think it's the next step
in a long-standing relationship that we 've had with the Fire Department that leaves us
closer to some very substantial cooperative relationships . Does that summarize some of
where we are Brian ?
Fire Chief Wilbur -- I think it does . I think we should have a good relationship with our
contracts now. It allows for interaction for the Fire Department and Town and the City and
Town .
Supervisor Valentino — And I think from our perspective too that we can be partners in
making sure that our firefighters are well equipped and having a say in making sure that
they are well equipped for the work that they need to do and the equipment that they are
going to us that we didn 't have before .
Councilman Klein -- Well , I think that we certainly clarified some of the code issues. Our
code enforcement officer and how he fits in the scheme of things . And also we formalized
the Fire Department' s involvement in the site plan review with the Planning Board , which
never has been parer of that before . We started negotiations with the thought that the Town
would really be a partner in this and I think we really achieved that goal . It took a very long
time to get the contract done , but I think it's really a much better contract than what we
started from and I think the City and the Town are treated equally.
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March 11 , 2002 Regular Town Board Minutes
Fire Chief Wilbur -- I think it's much easier because with a specified contract we know what
our responsibilities are for both the City of Ithaca and the Town of Ithaca . Speaking as a
resident of the Town of Ithaca , it assures me that I will have professional fire protection at •
a rate that I can really stand on my taxes and I know that the rest of the people in the Town
of Ithaca are also going to be afforded the same type of professional protection that they
need . The work that went into this was long and it was hard , but I ' m enjoying working with
the Town and I enjoy doing this like this . I hope we can continue with this .
Supervisor Valentino — Andy, you were on this committee . Did you want to say anything?
Mr. Frost — I just think this solidifies the agreement by . . . . . ( inaudible )
Supervisor Valentino — Brian did , you want to say anything else ? No . Okay, we have a
resolution and I think if the Town Board would authorize me to sign this contract. Is there
anyone else from the audience that wants to speak.
Supervisor Valentino closed this segment of the meeting .
I guess what I would ask of this Board is to approve this contract, authorizing me to sign it
with the understanding that the issues from the other contract that need to be included and
the sentences that John Barney has provided here and that we get the rest of the program
things and that you all say that those have been satisfied , then I could go ahead and sign
this .
Councilwoman Grigorov — Did you want to have that added to the resolution ?
Supervisor Valentino — Yes . Don 't you think we need to have that added to the resolution
John ?
Mr. Barney —Added with the changes discussed at this meeting . I don 't think we have that
resolution . I think 12 is Cayuga Heights .
Supervisor Valentino — No , this is the City . It say Agenda Item No . 12 . We' re going to do
Cayuga Heights next. Okay , so with that understanding , I would like to move the
acceptance of this resolution .
RESOLUTION No . 200246 - AUTHORIZING THE TOWN TO ENTER INTO A FIRE
CONTRACT WITH THE CITY OF ITHACA FOR FIRE PROTECTION AND EMERGENCY
SERVICES FOR PARTOF THE TOWN OF ITHACA FIRE PROTECTION DISTRICT
WHEREAS , the Town of Ithaca on behalf of the Town of Ithaca Fire Protection •
District has negotiated with the City of Ithaca regarding a new fire contract for the provision
of fire protection services and emergency services in virtually all of the Town of Ithaca
except for the Village of Cayuga Heights and the northeast portion of the Town pursuant to
Town Law Section 184 ; and
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March 11 , 2002 Regular Town Board Minutes
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town on March 11 , 2002 , at 7 :00 p . m . to hear all
interested parties in connection with such proposed fire contract ; and
• WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ;
and
WHEREAS , said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed fire contract , or any part thereof; and
WHEREAS , the Town Board believes it to be in the best interests of the Town of
Ithaca to enter into a such fire contract agreed upon by the Town and the City;
NOW , THEREFORE , be it
RESOLVED , that the Town Board does hereby determine , pursuant to Part 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation
Law (the State Environmental Quality Review Act ["SEQRA"] ) , that execution of said fire
contract is a Type II action , constituting " routine or continuing agency administration and
management, not including new programs or major reordering of priorities that may affect
the environment" and thus may be processed without further regard to SEQRA; and it is
further
RESOLVED , that the Town Board approves the above referenced fire contract, a
copy of which has been submitted to and reviewed at this meeting , and hereby authorizes
and requests the Town Supervisor or Deputy Town Supervisor to execute such contract on
behalf of the Town of Ithaca Fire Protection District with the changes discussed at this
meeting incorporated to the satisfaction of the Town Supervisor, her execution of same to
be evidence of such satisfaction .
MOVED : Supervisor Valentino
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye .
Motion carried unanimously.
Supervisor Valentino — Brian , I want to at least shake your hand after all this work .
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March 11 , 2002 Regular Town Board Minutes
AGENDA ITEM NO . 13 — PUBLIC HEARING — CONSIDER EXECUTION OF FIRE
CONTRACT WITH THE VILLAGE OF CAYUGA HEIGHTS
Supervisor Valentino opened this segment of the meeting at 7 : 15 p . m .
Supervisor Valentino — So , we also have the contract with Cayuga Heights . It was the
same committee from the Towns part that worked on that . Jeff Silber, the treasurer for
Cayuga Heights , their attorney, Ron Anderson , and the Fire Chief, helped us on this . Let's
see , do we have anything that we need to add to this one . This agreement also mirrors the
City's agreement in many ways because it also sets up a formula for paying our fair share
of the cost of fire protection by using taxable assessed value . The same is true of this one .
Hopefully , in the future we can just move forward to renew it on a pretty straight forward
basis . It also gives us . . . they will be providing us with their budgets and their reports so
that we can work together on making sure that we have the best possible fire protection for
our residents . John , you want to tell us what the new little changes are?
Mr. Barney — David requested some changes in the description which were incorporated
pretty much verbatim . It's in paragraph one . I don 't think it changed substantively what
we 've seen . Jeff had requested some changes in subparagraph " b" of paragraph "3" ,
changing the phrase from "as long as the period following " to " the period equal to the
period " . And then I think Jeff you were going to supply us with an approved list of the bond
schedules .
Mr. Silber — That's with the Town Office now.
Supervisor Valentino — Do we have it?
Mr. Barney — That's where we added it . The subparagraph " b" at the very end . "The Town
agrees to the bond schedule for the periods for the item and for the items equivalent" The
next major change was on page 5 , subparagraph " h" . We had originally set up that cost
could not increase more than 10 % per year, but the way the mathematics are going to be
working out, the year 2002 is going to be abnormally low and there 's going to be a fairly
sizable jump into the year 2003 . So , again after our discussions we changed that to read
that there won 't be any more than a 10 % increase beyond the amount in the year two and
each year, so the year three won 't be more than 110 % of the year two and the year four
won 't be more than 120 % of the year two and the year five , not more than 130 % of the
year two . So we basically made the base year the second year, rather than the first year.
We did put in there and I ' m not sure , Al and I talked about this and I want to make sure
that you ' re aware of this "that it not exceed figure for the year two to at 137928 . " 1 think
that's what you agreed to .
Supervisor Valentino — Does that sound right Jeff?
Mr. Silber — It's consistent I think with what we sent you . I ' m trying to think. That's still an
estimate , but I think if there are deviations , we can work that out.
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March 11 , 2002 Regular Town Board Minutes
Mr. Barney — We had quite a bit of discussion on who was going to be called in the event
of mutual aid . The Village was a little bit unhappy with having an absolute requirement that
the City be the first entity to be called . So we changed that to read that " It is anticipate that
in the vast majority of instances , the first call for initial aid will be to the City of Ithaca Fire
Department and If any event occurs where they don 't call the City first , then there will be
• an explanation provided to the Town within seven days as to why they chose to call
somebody else" . 1 think that's pretty much as we discussed . There are a couple of other
changes which were submitted , which we didn 't put in there and I forgot to bring over my
e-mail . I don 't recall if there were any too terribly significant changes .
Mr. Silber — Of course we 've only had this for a few moments and it hasn 't been to our
Board yet. I know there ' s one issue where there are some DPW charges that do get
applied to them as a direct cost , where , whether it' s repairing trucks or plowing snow that
we do need to include there .
Mr. Barney — I thought we talked about this and concluded that we don 't need to add
anything . Look at paragraph ii on page 3 .
Mr. Silber — Right . There it defines direct versus indirect. I ' m concerned that three below
that where it says "for any non -fire department employee" .
Mr. Carvill — I thought we had added a clause in which we would determine it on an annual
basis if there was something that deviated from this .
Mr. Silber — So this is one that we ' re going into perceptively where there are a few
thousand dollars a year of charges that would qualify under ii , but then get taken away
under the iii so maybe "or any other non-fire department employee , except as described
above" . The main issue is that rather than we 've recently saved quite a bit of money by
having the vehicles repaired in-house and the mechanic keeps track of his time when he is
working on the vehicle . So we need to be able to charge back a portion of that.
Supervisor Valentino — So , do you have a proposal on how we can sort that out?
Mr. Barney — The problem with your proposal is that it is very broad . It went well beyond
what we would be willing to understand . I think that (2 ) really takes care of it. If you have a
mechanic that works on a piece of equipment , we' re saying that the cost of the expenses
allocated to that piece of equipment are charged going back to this contract.
Mr . Silber — I ' ll refer back to my counsel on this one .
Mr. Tyler — Let me just say that generally we've had a very good , frank meeting in March
and I had hoped to have , in hand , this document before now to look at it. I would hope that
we would have enough latitude in a resolution to allow for it. I think you understand what
we 've said and there is no objection to it .
Supervisor Valentino — Well , there are legitimate costs . We don 't want to be paid for . . . . . . . . :
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March 11 , 2002 Regular Town Board Minutes
Mr. Barney — We also understood that some of the officers , even though they may devote
some time to fire department matters , are not chargeable to the account .
Mr. Tyler — We ' re talking about things that are dedicated to specific operations at the
station .
Mr. Silber — And we ' re comfortable to proceed if there 's minor fine tuning , work it out.
Supervisor Valentino — Now when do you take this to your Board , Jeff?
Mr. Silber - We ' d like to take it to our Board on Monday of next week.
Supervisor Valentino — So John , could we again pass this with the understanding and
clarification of that language to my satisfaction so they could authorize me to sign it.
Mr. Tyler — We 've managed to wear out some people who were developing numbers , but I
think we 've gotten to a point where we are all satisfied .
Supervisor Valentino — Okay. So is there anyone else here that would like to speak on this
public hearing for the contract for the Town of Ithaca and the Village of Cayuga Heights ?
Mr. Silber — I 'd just like to sum up by saying that the Village has enjoyed working with the
Town for the last 50 years and I think , as most people are aware , jointly with the Town we
have made some substantial investments in the last few years .
Mr. Tyler — I 'd like to say one last thing in closing . The Village has the good fortune to have
a Treasurer who understands the dollars and sense as well as how the fire department
operates because he has been a volunteer there for many, many years . I think that helps
all of us understand how things operate . Frankly, it's a big help to our Village Board , in
terms of dealing with issues like these . Thank you very much .
Councilman Klein — Again , I think it's taken a while to work out the agreement and I think
it's a fair agreement so that we can move forward with it. .
Supervisor Valentino closed this segment of the meeting at 7 : 25p . m .
RESOLUTION NUMBER NO . 2002 -47 - AUTHORIZING THE TOWN TO ENTER INTO A
FIRE CONTRACT WITH THE VILLAGE OF CAYUGA HEIGHTS FOR FIRE
PROTECTION AND EMERGENCY SERVICES FOR PART OF THE TOWN OF ITHACA
FIRE PROTECTION DISTRICT
WHEREAS , the Town of Ithaca on behalf of the Town of Ithaca Fire Protection
District has negotiated with the Village of Cayuga Heights regarding a new fire contract for
the provision of fire protection services and emergency services in the northeast portion of
the Town pursuant to Town Law Section 184 ; and
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March 11 , 2002 Regular Town Board Minutes
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town on March 11 , 2002 , at 7 : 15 p . m . to hear all
interested parties in connection with such proposed fire contract ; and
• WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ;
and
WHEREAS , said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed fire contract , or any part thereof; and
WHEREAS , the Town Board believes it to be in the best interests of the Town of
Ithaca to enter into a such fire contract agreed upon by the Town and the Village ;
NOW , THEREFORE , be it
RESOLVED , that the Town Board does hereby determine , pursuant to Part 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation
Law (the State Environmental Quality Review Act ["SEQRA"] ) , that execution of said fire
contract is a Type II action , constituting " routine or continuing agency administration and
management , not including new programs or major reordering of. priorities that may affect
the environment" and thus may be processed without further regard to SEQRA; and it is
further
RESOLVED , that the Town Board approves the above referenced fire contract, a
copy of which has been submitted to and reviewed at this meeting , and hereby authorizes
and requests the Town Supervisor or Deputy Town Supervisor to execute such contract on
behalf of the Town of Ithaca Fire Protection District with such minor changes in same as
the Town Supervisor may approve , her execution of same to be due evidence of such
approval .
MOVED : Councilman Klein
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye .
The motion was carried unanimously.
• Supervisor Valentino — You know there was a time when I wondered if we 'd ever get it
done . Thank you very much , Jeff, especially for all those hours you put in straightening out
those assessment numbers . It was to both of our benefits , I think .
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March 11 , 2002 Regular Town Board Minutes
Councilwoman Russell — I 'd like to thank you , Dave and Cathy, for all the time you put in
negotiating those contracts . I know it was a tough job .
AGENDA ITEM NO . 15 — PUBLIC HEARING - CONSIDER LOCAL LAW AMENDING , •
RESTATING AND REGULATING THE USE OF TOWN PARKS , TRAILS AND OTHER
RECREATIONAL PUBLIC USE FACILITIES
Supervisor Valentino opened this segment of the meeting at 7 : 30 p . m . With no persons
present to be heard , Supervisor Valentino closed the Public Hearing at 7 : 31 p . m .
Supervisor Valentino - Let's go to the Public Works Facility.
David Lorenzini- Okay . This part of the site work is actually laying out who is responsible
for what . We 've been in this discussion with Fred and Dan and it has been decided that
the Town will take care of the site grading and the finish grading . The general contractor
will be responsible for the building excavation , back build trenching and so forth . A
plumbing contractor will be responsible for bringing waste line , drainage lines from our
trenches five feet from the building and then the Town will pick up those lines from that
point. They will set the oil separators and then run the lines to the sand tarap . So that
pretty much takes care of those responsibilities and Dan is looking at the design for the
site drainage , so the Town will take care of the site drainage because they have a number
of issues that he wants to incorporate into this that affect the overall site , so that would be
their responsibility. That's how the site work would lay out. That's a certain savings for
doing the site work and also for setting the oil separator and that work would be assigned a
price of about $ 35 , 000 that the Town saves off of the construction contract if they decide to
do that work. This also involves relocation of three catch basins and the Town would also
be doing the contraction of that . We will be doing the layout for it, but the Town will
relocate those catch basins .
Councilman Kline — David , where is the visitor parking for this , since your building where
most people park?
Mr. Lorenzini — Right now, what we ' re looking at , ( and we have not gotten that tied down
yet , exactly where that' s going to be ) but what we ' re looking at is having some visitor
parking right outside the office area and to continue a sidewalk around the area , the
outside of the office area and the visitor parking would be in that area . Employee parking
would remain on this side . The trailer now would be gone and we thought that that would
be additional space for the employees . Anyone have questions on the site ? Our site plan —
the same basic site plan that you saw previously. We have the wash bay on the northwest
corner of the building . The addition to the garage , two bays , an additional 50 feet to the
garage . Then , on the northeast corner of the building is the vehicle maintenance facility, •
the heat storage area which will house the jet rodder and the sewer vac . Then the office
complex . Then locker area . The electric that heats the existing office . That's the general
layout. They have a proposed layout for the desks , we ' re just waiting to get that
electronically. The office area for Fred , for the Highway Superintendent there will be a
reception area adjacent to the entry way and ( inaudible ) for a total of ten people . Adjacent
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
to the break room is the conference area , separate conference area . That's pretty much
what you saw the last time we presented , the only difference is that you have a little more
detail on the drawings . Any questions on the layout?
Supervisor Valentino — I thought we deleted the wash bay .
Mr. Lorenzini — Well , we' re putting it in now as an alternate .
Mr. Walker — We want to bid it , but have it as a delete alternate if the prices come in too
high . If we have a good bidding climate , we hope to be able to get the complete building in
place under budget.
Supervisor Valentino — So we' re now looking at a budget of $ 1 , 757 , 000 ?
Mr. Walker — Those numbers include all the soft costs and all the Town costs for the
project , plus $256 , 000 in contingency . Currently, if you look on the first page , I 've sub
itemized the total construction contract costs and they' re totaling $ 1 , 354 , 000 , that includes
the wash bay. The soft costs portion includes legal survey costs which we haven 't charged
anything against that yet because we haven gotten the attorney's bill yet. $ 140 , 000 are the
architectural fees which we have a contract for. Approximately $ 50 , 000 for the site work
and drainage , utilities , landscaping and the oil separators . That's a very preliminary
budget . I think it's a high budget number we ' re working to get a closer estimate on what
we ' re going to do the work for. That will give us the possible savings . We also have
included the network design , if you look at the bottom of the page , the first page , of
$ 55 , 000 . This includes hardware and software and installation . And then $45 , 000 is the
preliminary estimate we have from Corning Office Supply for the furnishings to fully furnish
all the office spaces and work areas . And then we ' d have the $256 , 000 contingency . If you
put all of the soft and hard costs together, it comes up to about $ 1 , 900 , 000 . 00 and that's
where we have the wash bay and the radiant floor heat in the shop area , the mechanics
shop area , which is $ 147 , 000 delete to bring the total project cost, if you put in
architectural fees and Town costs to $ 1 , 757 , 000 . If we are fortunate in the bidding
environment , we may be able to get that extra $ 100 , 000 to do the wash bay.
Councilman Klein -- Dan , in the absence of a wash bay , what is our alternative?
Mr. Walker — Basically doing what we do now, the main garage floor will have drainage in it
and oil water separation and currently we wash vehicles in the main storage area , we
could continue to do that . One of the disadvantages to doing that , of course , is it puts a lot
of moisture into the main shop area , which has caused us some problems with corrosion ,
moisture retention in the main storage area . We do wash with a high presser washer that
is heated , it's got a steam jenny, but it does generate quite a bit of moisture however. We
are also dealing with some of the problems that the extra moisture has created in the past.
• We've had lack of vapor barrier on the insulation in the ceiling , which we ' re replacing now
with a metal sandwich on both sides in the main storage area . So that should be much
more durable . It still would be desirable to have a second wash bay to isolate that high
moisture situation .. There 's an option possibly to put some kind of a flexible curtain
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
between that small heated storage area and the main shop area to restrict some of that
moisture , but then we would still have a higher ventilation load and that will create energy
operating costs that having a separate wash bay would avoid .
Councilwoman Russell _ Dan , I don 't understand how you could delete the radiant floor
heat in the shop , it seemed like that was really necessary.
Mr. Walker — The radiant floor heat in the shop is in the floor, which is a comfort issue for
the mechanics . A lot of times they' re on their backs working under the vehicles . We will be
having , even with the radiant floor heat in the shop , there will be radiant infra-red heaters
along the ceiling , which we have right now.
Mr. Noteboom — We have it in the system that we presently have and it works . We had
asked them to price out the radiant floor heat because it is a very comfortable heat for the
men who are working down at that level . I won 't call it a luxury item , but it's a very nice
thing to have
Mr. Noteboom — We talked about listing that as an alternate deduction and if it came in at a
very good price .
Mr. Walker — That's something that you can never add back . If you look at the third page,
the general construction contract is really where we had the most opportunities for deduct
elements . In the finishes , division 9 , we elected to remove the carpet from the construction
contract because actually the traffic we get , the painted concrete floor is probably more
durable for us . That's acceptable to the Highway Superintendent, I understand . Plus , it's
probably cheaper for us to add carpet at a later date , without going through the overhead
of a construction contractor. There was a pre-engineered structural mezzine area
alongside the shop , which would put a higher level of storage . That' s not absolutely
essential . It does take advantage of some of the upper storage space , but we felt that that
was something that could be added later with a minimal additional charge and it may be
something that with our own staff we can develop as time goes on . Along with that, we
have an equipment cage that was part of that , basically a chain link fence type cage for
security for auto parts , filters and things . Those will not be in the contract at all . The other
area of a possible deduct is in downsizing the office area by cutting , by pushing the front
wall 6 feet back and in the lower area .
Mr. Noteboom — I did happen to look it up , an MRB study , the office break room area was
2040 square foot and the office break room area that is presently there 3114 square foot.
We did realize after we got done with the MRB study that we didn 't feel we had quite
enough room in there for various reasons , that there is about 1000 extra square feet to
answer your question .
Mr. Walker — One thing , the MRB study was completed in ' 98 and there have been
significant changes in staffing in our operations . We now have three deputy highway
superintendent positions and four working supervisor positions , along with two engineering
technicians . At that point , we really didn 't have the working supervisors and the
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
designation of the deputies was less well defined . We had one engineering technician ,
now we have two in support of the highway and maintenance issues . I would recommend
not to reduce any of the space , I think it would be short-sited for $50 , 000 to lose space .
Mr. Lorenzini — In -the office area , if we did tighten that up , there would definitely be no
room for expansion .
Mr. Walker — One of the reasons for having a little extra space is in the break room area ,
which is significantly larger than the MRB in the original design , is the cooperative effort
that we are extending towards emergency response and the highway facility could be one
site that could be used as a command center in the event that there was a major disaster
in the downtown Ithaca area . This gives us the latitude to be more flexible .
Supervisor Valentino — Questions , comments . Okay , somebody walk us through this .
Mr. Walker — Right now, we ' re at what I would consider the end of the preliminary final
design . We' re still waiting for the final mechanical and engineering design data for the
structural . I don 't believe we have all the details on that yet. We ' re close . Within the next
two weeks we should have all of the design details completed and we' re going to review all
the cost estimates at that point so that we have a complete package to bring back to this
Board for the Public Hearing for the completed design at the April Board meeting , which
would be the Public Hearing date , the 12t of April . On the 12th of April , assuming that the
Board approves the project — the 8th of April , excuse me — the Board will adopt the projects
and set a project budget and that will open the 30 day window for a permissive
referendum . At the May meeting , assuming there is no permissive referendum , the
architects will be instructed to prepare contract documents for approval at the May Board
Meeting . And we expect to put those out to bid after the June Board Meeting so we can
award a contract at the July Board Meeting .
Supervisor Valentino — So when we have the Public Hearing in April , we ' ll have the final
specs and we ' ll have a budget?
Mr. Walker — We ' ll have the final design .
Supervisor Valentino — And the budget?
Mr. Barney — And also the amount that you may want to bond .
Supervisor Valentino — So we' re going to have to have those specs ready at that meeting
also . We have to have the number.
Mr. Barney — Well you can do that later, but then it' s subject to permissive referendum on
• the bonding issue alone , so you ' re better off doing everything at once .
Supervisor Valentino — So , along with the final specs , the final budget, is that an amount
that we anticipate to bond . Well , we should say specifically we ' re going to bond . . . . .
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Mr. Barney — Well , you ' re going to be authorizing the expenditure of one million eight and
you provided in the resolution how you are going to raise that one million eight . That's
going to be a million dollars out of your surplus and 800 , 000 dollars out of bonding , if that's
the plan .
Supervisor Valentino — Yes , that's what we ' re hoping .
Mr. Barney — Then you also set a figure to determine the maximum length you would be
able to bond , you could be able to bond it for a lot less .
Supervisor Valentino — We are looking at 20 years , at this point.
Mr. Barney- This is clearly 20 years .
Supervisor Valentino — Is that what we ' re looking at , Al ? Okay,
Councilman Klein — In terms of some of these , Dave has listed them as value engineering
options , I think, obviously the wash bay is the biggest ticket item at $ 133 , 000 and to be
that is very important . Obviously, it's something that can be built later and it very clearly
should be an alternate . But as I looked at some of the other items , I guess I really don 't
agree with what Dan has recommended . I think the radiant floor slab for $ 14 , 000 , 1 think
that is something that , if it's an alternate , we can make that decision later. The thin tube
radiation , which I assume is for the office space for $ 10 , 000 , we have you proposing an air
system ? That , to me , is not all that important. In the office space you are well insulated and
whether you really need the really fine comfort of perimeter radiation to take care of some
of the drafts along the outside walls , plus supplemented with the overhead heat , is a
nicety, but I don 't know how essential that really is . Particularly, since you ' re not having ,
other than the administrative assistant , most of these people are going to be out in the field
for a good part of the day or coming in and out .
Mr. Walker — I think that would be a deletion from the heating contract.
Councilman Klein — So I think you have to decide up front because you have to probably
size the air system a little bigger if you ' re going to do away with the radiation .
( Change tape , cut off conversation )
Councilman Klein — Concrete does crack . You might want to consider just a tile , which
certainly is mopable . I would not put carpet in there at all . You guys are coming in with
cleeted boot and just tons of muck all the time . I ' m not too sure I 'd particularly want •
concrete in there . Just the office space . Maybe take an alternate with BCT , I 'd rather see
that than the carpet . I ' m sure a pre-engineered mezzine is something you could add at a
future time . And of course the last thing that would be contentious is how big is the office
space . I look at the layouts for the break room and the conference room and I think we ' re
really wasting space . They' re showing tables for 32 and they' re spread out with plenty of
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March 11 , 2002 Regular Town Board Minutes
elbow room . We have a conference room that's , I think , almost as big as the Aurora
Conference Room in the back , it' s bigger. As I look at the office layout again , we really
have a lot of extra space here and I think , other than the engineering techs , a lot of these
working supervisors are working , they' re out in the field , they' re not really sitting in their
office all of the time . So I really think , and if you look on the floor plan , what's shown is the
future locker room in the men 's room and if you add the trailor that the engineer techs
have , that's the entire sum of office space and break room space . Obviously , we' re doing
this building because we have such an inadequate situation , but we' re going to such an
extreme , that we ' re taking everything 50 % over what the original study said we should
have and this is expensive space . This is finished space . It's heated and it's lit and it's air
conditioned — the whole nine yards and we buy furniture for it. I would really opt to kind of
look at reworking that. Maybe not slicing six feet off, but five feet or something because I
really think we have too much space there . The break room , even if you reduce it in size or
maybe if you put a folding wall between the break room and conference room . That's a
very large space . We ' re talking about 1500 square feet.
Supervisor Valentino — That's big .
Councilman Klein -- The rule of thumb for a restaruant or a seating area for tables I think is
15 square feet a person . You 've got 1500 square feet between those two rooms , that's a
hundred people . We certainly want to have enough space for the next 20-25 years , but I
think the office staff at the Highway Department is not apt to increase . You ' re more apt to
have more equipment to take care of more roads and have more operators and labors and
parks maintenance people rather than more office support. I don 't see that as happening .
Obviously it's increased over the years , but I don 't see that happening to the office staff so
to speak. I would just make the case that we really ought to look at reducing that, whether
it's as much as the 50 , 000 , but I think I ' d opt to trimming a little bit. I think it's just gotten a
little too big . I don 't know what the final result might be , I think we could squeeze a little bit
there .
Supervisor Valentino — Yes , I think that's probably true . Corning Interior said that they
could maybe reconfigure this cut off too and still make it work. They met with us this
morning .
Mrs . Drake — Are you suggesting not having a conference room at all , maybe just having a
break room ?
Councilman Klein -- No , I think depending on how, what , David comes up with how we
might re- configure the spaces
Mrs . Drake — A folding wall sounded like a good idea .
• Peter - A folding wall gives you visual privacy , not really a lot of acoustical privacy.
Certainly, I think for most of the conferences that go on out there . The advantage of Fred
having a private office , certainly if he has issues to deal with with his staff, he can close the
door and he's got a private area . When we were out there for Public Works Committee
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Meetings , we don 't' really talk about anything that's confidential and obviously people
come in and get their coffee and use the microwave and they can certainly continue to do
that. I ' m just saying if the space somehow seemed compromised , we could go with a
folding wall . I think the idea of having a conference room is nice , but you don 't use it that S
often . It is somewhat wasted space .
Supervisor Valentino — Is that what you ' re talking about?
Councilman Klein — Fred says this is larger than the one we have , where we hold public
meetings .
Supervisor Valentino- I ' d find it hard to convince the public that that's really needed .
Councilman Klein — Whether it's just slicing six feet across the front or six feet on the side
and moving the entrance over.
Mr. Lorenzini — Yes , that's what we have to look at and we have to look at it in the context
of the furniture and see how that lays out.
Councilman Klein — Certainly I think you ought to plan for a little , hopefully some flexibility
for another body or two if you needed it .
Supervisor Valentino — Okay . Anything else .
Mr. Kanter — I just wanted to mention the other parts of the process are the Planning Board
and the Zoning Board and the SEQR determination so we ' re still looking at that. Let' s not
forget about those steps .
Supervisor Valentino — You need to make a sheet with all those steps put together so we
all know our time line .
Mr. Kanter — Just to be aware , if you' re going to think about setting a public hearing for the
April Town Board Meeting , that's the point where we ' re going to need to do a SEQR
determination before you authorize the project.
Supervisor Valentino — We should set a time for the Public Hearing tonight? If we do we
need to have a SEQR determination ?
Mr. Kanter — It has to be ready for that hearing , which means you have to have some lead
time .
Supervisor Valentino — Is that doable? •
Mr. Kanter — I don 't know, it's up to these guys .
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Mr. Walker - I think it's doable , we pretty much have the site drainage plan all done , which
I
s what we need for the Planning Board .
Supervisor Valentino — When are your Planning Board Meetings ?
• Mr. Kanter — The first and third Tuesdays of each month . Thirty day submission time for
each meeting .
Supervisor Valentino — We' re not going to make it.
Mr. Walker — No , we ' ll make it because if we have a Public Hearing at the 8th of April , that
means that we ' ll have a completed design at that point. We' ll have the design packet
completed prior to that meeting so that we can have . The deadline for the second meeting
in April .
Supervisor Valentino — So , do you have a Planning Board Meeting on April 2"d?
Mr. Walker — The second meeting in April . When is the deadline for the second meeting in
April ?
Mr. Kanter — What is today? The 11th? In five days .
Mr. Walker — Actually, we should be pretty close to having the completed site plan by the
end this week, so we will probably be on the second meeting in April for the Planning
Board which will dove tail with the project approval by Town Board at the 8tH of April , as
hesitate to take a plan that we say is complete before the Town Board actually approves it.
That will , as we originally planned , be a little bit off our schedule , but as we originally
planned , the Planning Board review will dove tail with the permissive referendum process .
So that we should have everything in place by the May Town Board Meeting . I think that's
workable , don 't you Jon ?
Supervisor Valentino — Do you have a Planning Board meeting tomorrow night or on the
19t ?
Mr. Kanter — The 19tH
Supervisor Valentino — So it will be the 19th and the 2nd
Mr. Kanter — Well , riot the 19tH
Supervisor Valentino — The 19th will be a Planning Board meeting . We won 't have anything
ready for them .
Councilwoman Grigorov — Let's talk about the April meeting . It will be the second April
meeting .
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March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — Which will be the 16th . That will be after our Board Meeting .
Mr. Kanter — That.Is really the idea . I don 't think the intent was to send it to the Planning
Board until the Town Board basically finalized the plans and authorized the project.
Otherwise there couldn 't be any changes in it.
Mr. Walker — The Planning Board has to seen this as a sketch plan .
Supervisor Valentino — So , I ' m confused .
Mr. Walker — Then we will have the SEQR Determination with the Town Board prior to the
Planning Board Meeting .
Supervisor Valentino — So we can do the SEQR Determination on the 8th
Mr. Kanter — If there 's enough lead time , that's when all the materials are needed . That's
what I ' m urging everybody to understand . We need quite a bit of materials put together for
that . We ' re not going to be in a position where we ' re rushed to do it .
Supervisor Valentino — So we have to publish and post this how many days ahead of time ?
Ms . Hunter — Ten days ahead of time for the Public Hearing .
Supervisor Valentino — So we could set the Public Hearing time for the 8th and if we don 't
make that . . .
Ms . Hunter — Right , if Jon does not have sufficient material in connection to the SEQR .
Mr. Walker — So , by Monday you ' ll need to have all the SEQR . No , you won 't have to have
the SEQR because that's the Town Board 's . What's the deadline you need the SEQR for
the Town Board Meeting ?
Mr. Kanter — The Planning Board 's submissions virtually will provide the information that
we need for SEQR . So , if we have a completed site plan application , we will have what we
need for the SEQR .
Mr. Walker — If we have the completed site plan application by the 18th , we' ll have all the
information we need for the Town Board SEQR and enough time to do it .
Supervisor Valentino — Okay we might be able to do this . So do we want to set a time for
a Public Hearing at the April 8th meeting at , what would be a good time? 6 : 30p . m . •
Mr. Barney — To consider the authorization and expenditure of funds for a new public
works facility and the financing related to that.
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March 11 , 2002 Regular Town Board Minutes
RESOLUTION NO ., 2002 - 48 - SET PUBLIC HEARING DATE FOR RENOVATIONS TO
THE TOWN PUBLIC WORKS FACILITY.
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 8th day April , 2002 , at 6 : 30 p . m . for
• the purpose of considering the authorization of expenditure for the renovation and
expansion of the Town of Ithaca Public Works Facility and possible borrowing of funds for
such purpose , and it is further
RESOLVED , that at such time and place all persons interested in such contract 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 , said publication to occur not less than five days before the day
designated above for the public hearing .
MOVED : Supervisor Valentino
SECONDED : Councilwoman Russell
ABSENT FOR
THE VOTE : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Niederkorn , aye
The Motion was carried .
Supervisor Valentino — That was kind of tiring . I guess we ' re all set , thank you very much .
Supervisor Valentino closed this segment of the meeting .
Supervisor Valentino — Okay, now we have to get back to our Public Hearing that we
opened at 7 : 30 to consider a local law amending , restating and regulating the use of
Town parks , trails and other recreational public use facilities . I opened and closed that
Public Hearing , I do believe .
Councilwoman Russell — We might want to go to the presentation .
Supervisor Valentino — Well I think I 've got to get this done . We ran a little too late on
everything else . We ' ve discussed this before , so we should be able to get through it. So
people have the local law in front of you . It was discussed last time . Did anybody have any
questions .
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March 11 , 2002 Regular Town Board Minutes
Councilwoman Russell — Page three , section 5 ; prohibited activities , no . 2 . They prohibit
removing plant life or otherwise altering in any way the condition or appearance of any
park or the trail property, real or personal . There were native blackberries planted
specifically along the trail and in places where benches were installed so that, for the
enjoyment of the trail users . Would this prevent people from picking those blackberries ?
Supervisor Valentino — "otherwise alter in any way in anyway would mean picking
berries , wouldn 't it?
Councilwoman Russell — Well , it says removing plant life too .
Mr. Barney — Well , like anything we can say " thou shall not speed over 55 mph " and yet
most police officers will let you go 60-62 mph without stopping you . But, literally, you are
correct . This would be an infraction to pick berries , unless you wanted to exclude the
picking of berries from the prohibition . Whether we would enforce it in that way, is really up
to you .
Supervisor Valentino — We want people to be able to pick berries when they are sitting on
the bench .
Councilwoman Russell — Well , it was the very reason why those were placed where they
were and planted along the trail .
Supervisor Valentino — Alright , so we ' ll make that change . Anything else?
Councilwoman Grigorov — In what way are we changing it?
Supervisor Valentino — We ' re going to say "with the exception of picking berries" .
Mr. Barney — "With the exception of picking edible berries . "
Councilwoman Russell — Thank you , now I don 't have to feel .guilty .
Supervisor Valentino — Does anyone else have any questions about this? We have talked
about it quite extensively last time .
RESOLUTION NO . 2002 - 49 - SEQR : Proposed Local Law Amending , Restating and
Regulating the Use of Town Parks , Trails , and Other Recreational Public Use
Facilities
Attachment no . 7 •
WHEREAS , this action is the enactment of a local law amending , restating and
regulating the use of Town Parks , Trails , and other recreational public use facilities ; and
44
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Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
WHEREAS , said proposed local law would amend and update Local Laws No . 1 ,
1980 and No . 1 , 1982 ; and
WHEREAS , said proposed local law includes regulations for use of the Town 's
parks , trails , and other recreational facilities , as well as procedures and fees for issuance
of permits for certain activities on such facilities ; and
WHEREAS , this is an unlisted action for which the Town of Ithaca Town Board is
legislatively determined to act as Lead Agency in environmental review with respect to the
enactment of local laws ; and
WHEREAS , the Town Board , at a public hearing held on March 11 , 2002 , has
reviewed and accepted as adequate the Short Environmental Assessment Form , Parts
and II for this action ;
RESOLVED , that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and ,
therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact
Statement will be required .
MOVED : Councilman Niederkorn
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank, aye ; Councilman Niederkorn , aye
The Motion was carried unanimously .
RESOLUTION NOe 2002 -50 - ADOPTING A LOCAL LAW AMENDING , RESTATING
AND REGULATING THE USE OF TOWN PARKS , TRAILS , AND OTHER
RECREATIONAL PUBLIC USE FACILITIES
Attachment no . 8
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town Board on March 11 , 2002 , at 7 : 30 p . m . to hear
all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING ,
RESTATING AND REGULATING THE USE OF TOWN PARKS , TRAILS , AND OTHER
RECREATIONAL PUBLIC USE FACILITIES " ; and
• WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ;
and
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March 11 , 2002 Regular Town Board Minutes
WHEREAS , said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 ( State Environmental Quality Review Act or "SEQR" ) of the New York State
Conservation Law it has been determined by the Town Board that adoption of said
proposed local law would not have a significant effect upon the environment and could be
processed without further regard to SEQR , and
WHEREAS , the Town Board finds it is in the best interests of the Town and its
citizens to adopt the local law;
NOW , THEREFORE , be it
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local
law entitled "A LOCAL LAW AMENDING , RESTATING AND REGULATING THE
USE OF TOWN PARKS , TRAILS , AND OTHER RECREATIONAL PUBLIC USE
FACILITIES " , a copy of which is attached hereto and made a part of this resolution ;
and it is further
RESOLVED , that the Town Clerk be and she hereby is directed to enter said local
law in the minutes of this meeting and in the Local Law book of the Town of Ithaca ,
and to give due notice of the adoption of said local law by filing a copy of said local
law with the Secretary of State of the State of New York .
MOVED : Supervisor Valentino
SECONDED : Councilman Klein
VOTE : Catherine Valentino , Aye
Mary Russell , Aye
Carolyn Grigorov, Aye
David L . Klein , Aye
William Lesser, Absent
Thomas Neiderkorn , Aye
Will Burbank , Abstain
AGENDA ITEM NO 18 = PRESENTATION AND DISCUSSION OF CAYUGA LAKE
WATERFRONT REVITALIZATION PLAN = TOMPKINS COUNTY PLANNING
DEPARTMENT
Attachment no . 9 : transcript of presentation
Supervisor Valentino opened this segment of the meeting at 8 : 00 p . m .
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March 11 , 2002 Regular Town Board Minutes
Councilman Niederkorn — I ' m am going to say , Cathy , that I have worked on this project as
a consultant so I will be abstaining .
Supervisor Valentino — The only thing that we' re probably going to be doing tonight is
setting a Public Hearing date . Tom is going to abstain because of his potential conflict.
Joan Jurkowich , Deputy Commission Tompkins County Planning Department - With me
tonight is Rick Manning , he's a consultant with Trowbridge and Wolff and worked on this
project with Tom Niederkorn , who just stated that he has worked on this project .
Ms . Jurkowich — Those are the two issues that I wanted to specifically raise , the zoning
and the consistency review. Basically , I want to leave as much time as possible for your
comments and questions and concerns .
Councilwoman Grigorov — I want to congratulate you .
Ms . Jurkowich — Thank you . The first I started gave this presentation , I started by listing
everybody who was involved and it took about ten minutes . About half the people in this
room have been involved at about one time or another.
Councilwoman Grigorov — 1 think I found one thing that might be an error here on page 240
about the heat exchange facility . It says that warmed lake water is returned to the lake ,
which isn 't technically exactly how it is operated . It' s at the bottom of 2-40 . You might want
to explain how it works because people who were opposed to the facility said the warmed
water would be returned to the lake .
Councilwoman Russell — And during the summer time when algae blooms are an issue ,
the water going back into the lake is actually cooler than the lake' s surface water. I think
that' s important to know. Cali 's right this is a little misleading .
Supervisor Valentino — It's a very nice document.
Ms . Jurkowich — Compliments to the consultants who did the planning share of the work. I
just get to stand up here .
Supervisor Valentino — Well , a lot of people in the community put in quite a bit of input into
this .
Ms . Jurkowich — Very many did . People have showed a very high interest in what we are
doing with the water.
Supervisor Valentino — It worked out very nicely . Do people have questions?
Mr. Kanter — Could you update us a little more on the environmental review process? How
that's going to work and what the timetable is?
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Ms . Jurkowich- Okay, I ' ll try. The environmental review process . Because this is a
document that must be adopted by six municipalities before being committed to the state ,
obviously, will require a coordinated review. Which means we have to identify a lead
agency. The Town of Lansing has offered to be that lead agency. Once this document has •
been through this process and amended and finalized , you will be receiving a letter from
the Town of Lansing , assuming they don 't back out , offering to be lead agency and asking
if anyone has any comments or objections to that proposal . We've already talked
informally with most of the municipalities about this idea and haven 't heard anything
negative about that . So they would be the lead agency. So once we go through all this first
round of presentations and questions and amendments , we will , however, myself and
consultants on this and other people in the Planning Department, will be doing the staff
work on the environmental review. So the Town of Lansing , itself, isn 't going to be doing
that . We ' ll be working like any project proposal component would be ; giving key
information to the Town of Lansing they need to make their environmental determination .
That will be a coordinated review all six waterfront municipalities .
Councilman Burbank — I apologize , I ' m new to this process . I found this utterly fascinating .
I am very, very impressed by all the work that went into this . And it's also good history. I
was wondering , an example of a problem which I know many people are concerned about ,
which is excessive noise from jet skis . How would this work in practice? If this plan were
accepted , would each municipality still have to then go forward and adopt regulations
assisted with that?
Ms . Jurkowich — I may be turning this right over to Rick Manning , but I ' m going to take a
shot at answering it first and then if you ask a second follow-up question , I ' m going to have
to turn it over to him .
As I understand the latest information we have from the State , is that we would have to
amend navigation law to put in to place a speed limits recommended by LWRP . That
requires action by the State Legislature , so it wouldn 't necessarily require actions on the
part of every municipality. However, my guess is , in order for the State to be willing to
adopt that navigation law, to amend the navigation law, they would want to see support
from all of the waterfront municipalities . We are going to be hoping at the same time , it's
not in this LWRP , but for the purpose of making life easier for boaters , it may be
approaching the other counties and municipalities on the lake , outside of Tompkins
County. To adopt one set of regulations for the lake . This part of the lake , it's all within
Tompkins county, but once you get north of Ulysses , there 's still a large part of the lake .
Supervisor Valentino — Other questions or comments from anybody? Guess not.
Mr. Kanter — According to the remaining time frame , I guess for adoption then , that's partly
why I asked the question for environmental review, but also you would be going back and •
revising the draft . What we decided , the time frame for us to plan on , considering adoption
of this . If we were going to consider setting a Public Hearing , but that might seem
premature . at this point , so I guess that's the question .
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Ms . Jurkowich — I think maybe a little premature . I think we ' ll be able to give you enough
lead time so that you ' ll be able to schedule your Public Hearing . I know we' re going to be
giving our last municipal presentation on March 20 . Then Lansing will be sending out their
lead agency letter, we have to wait 30 days , then they will be making an environmental
determination , then we will determine them to be the first to adopt that plan . Somewhere in
that time frame we will be able to give you a final document that you could schedule a
• Public Hearing about . And then we laid out a tentative schedule , I didn 't bring it with me ,
of when it would come back to each town , assuming everything went smoothly. I don 't
recall when it's coming .
Supervisor Valentino — It would be nice to get a copy of the tentative schedule when you
get it together. Do we have that yet? Okay , so we won 't be setting a Public Hearing just
yet.
Ms . Jurkowich — We do have a tentative schedule , but we ' re not on every body's agenda
and we don 't want to go too far. It ends some time in June , if everything goes smoothly.
Supervisor Valentino — So you ' ll just let us know. Any body else with anything else to say?
Councilwoman Russell — I 'd like to thank the consultants who worked on this plan because
I think it's a wonderful document. Having participated in some of the meetings , the
visioning meetings that went into it .
Councilwoman Grigorov — They did a wonderful job of pulling together a lot of information
and a lot of ideas and a lot of leg work .
Councilwoman Russell — And a lot of comments from the public .
Barney Unsworth There is no mention here of buried gas tanks or waste tanks . Don 't
they exist? We thought they were a big problem .
Supervisor Valentino — Where are the gas tanks ?
Mr. Unsworth — All over the county . Tanks have been abandoned . Ask the people in
Jacksonville . Old gas stations , farmers ' storage tanks and so on . We don 't know where
they are , most of them . Or whether they' re sound or leaky . Now I think that considered in
something like this , that's concerned with the watershed . Then the other thing that I was
interested in , Will asked the question about boating regulations and the recommended
regulations in here apply to speed at night and in the daytime , speed close to the shore
and speed in the middle of the lake . It suggested regulating the use of jet skis , I think it's
from 9 in the morning until sunset. But the regulations say nothing about boating noise and
I know some boats that are pretty noisy .
Ms . Jurkowich — I can respond at least to that one , I can make comments about the other
one as well , but this one first.
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Mr. Unsworth — It mentions cigarette boats for, but I find the little seadoos as annoying , if
not more so than the cigarette boats .
Mr. Jurkowich — In terms of the noise regulation , that was the primary reason for •
recommending some of the speed limits was to address noise issues indirectly. As I
understand it , it is a little easier to enforce the speed regulations than the noise
regulations , just from a practical enforcement matter. As far as gas tanks , we will look into
it . I ' m sure there are some .
Supervisor Valentino — Yes that's interesting .
Don Weir — There are a couple of things that I had questions about and maybe you can
clear up for me is that there ' s quite a bit of time in this book , in the proposal , looking at
things for Stewart Park and it mentions that we haven 't had swimming there for twenty
years , but I saw no proposal or even suggestion that it might be a long term proposal to
again have swimming or at least wading in that area when the water is cleaned up . At least
have that as a long term goal of having water clean enough so that it can be used for
wading and/or swimming in that area . There ' s no mention of that and I would like to see
something at least addressing it , saying we'd like to do that or it's too expensive , we' re
never going to do it . It just seems silly to spend millions of dollars on a park sitting on a
beautiful lake and you can 't use the water. The other is , there's mention in here several
places of rental of muscle powered vessels and I think that going with those ( kayaks and
canoes ) , small sail powered would be equally as appropriate . There is no mention of that
anywhere and I think that is an over sight that should be corrected . The other is on p . 4-67
where at the bottom it says that it requested additional funds for a new patrol boat so that
the State Park Police can have a better presence down there . I ' m not aware that the State
Park Police has authority down in that area or not . Now the Sheriff Department would and
some of the other agencies , but usually State Parks are limited to State Park Waters , not
just bodies of water.
Ms . Jurkowich — First of all , concerning the sail boats , I think that was our intention , "non-
motorized " I think would be a better word that muscle powered . We will double check on
the park and see if they do have authority. Swimming , tough issue . We did discuss it many
times in the preparation of the LW RP . The reason it' s not recommended to move towards
swimming is that the . Stewart Park area , the problems there are caused by a multitude of
factors . It's not just sedimentation coming down from the streams , as I understand it. The
way prevailing winds are , that area is always going to be accumulating debris and
sediment just from natural processes and , as much as we might improve the quality of the
water coming down from the streams . We don 't think , just due to the physical location of
Stewart Park , that that area is every really going to be capable of supporting a large scale
swimming operation .
Councilwoman Russell — Then probably an explanation , would be appropriate .
Supervisor Valentino — An explanation in there of why that's not possible , because it does
keep coming up .
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Ms . Jurkowich — We do talk about the dredging that has to occur to create Stewart Park . It
was a swamp originally . It' s not a natural swimming area that's been polluted , it's a swamp
that' s been fixed up .
Supervisor Valentino — That' s right , it never was a natural swimming area . Thank you .
• Let me ask the members of the Conservation Board , have you as a group , been reviewing
this document? It hasn 't been in front of your committee as a committee? You just got it .
So you will be reviewing it?
Councilman Burbank — Cathy , would it be possible to ask for some kind of a response from
the Conservation Board before our hearing ? Is there some way to do that?
Supervisor Valentino — That would be helpful . As a group , if you give us your comments or
if you have a joint recommendation prior to when we set the hearing . You might want to be
a part of that Public Hearing actually . As a group , as a committee .
Mr. Kanter — The other question would be ; would you want to refer it officially to the
Planning Board fora recommendation before we consider adopting it .
Supervisor Valentino — Should it officially go to the Planning Board also? Yes , I think so .
Larry , I ' m sorry we' re running so late .
AGENDA ITEM NO ., 20 — LARRY FABBRONI = CITY OF ITHACA
Attachment no 10 : shared interceptor sewer projects
Mr . Fabbroni — I thought maybe I would take five minutes just to maybe give you a little
back drop for the whole interceptor history . I assume you 've been over some of it over the
years so I don 't want to bore you with the minute details , but I thought it would be good to
just kind of review why we are where we are at this point in time .
When I returned to the City in 1994 , actually the end of '93 , 1 walked into a situation that
wasn 't that much different than 1981 .W hen the Town and the City were first forging a
partnership , there was always a question of the interceptor and there still is to this date
and time , unfortunately. But there was no real concept of what the interceptor was in the
City and what I found in 1993 was there really was no interceptor system . There was one
interceptor through the whole City and pretty much what happened , when we had storm
events the City system would surcharge and overflow at any one of seven or ten places .
The staff was pretty fatigued by chasing after all of these overflows all over the City and
they had gotten pretty good at diverting things into streams , many of them were permitted ,
but it wasn 't a pretty picture . So there was some need for some aggressive action if the
whole community , including our partnership , were not to end up in some moratorium state .
Much like Cayuga Heights has been in theit own sewer system since 1987 . Or under a
consent order from NYSDEC . Fortunately or unfortunately , depending on how you view the
• progress that has been made , one of the first opportunities that we've had to make great
strides at improvement was the Route 96 project . In late ' 94 Bill Gray and I were
negotiating heavily with the State over sewers in the City that the State wanted to ignore
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and in the process of that whole negotiation , we were able to get them to include as a
betterment a new interceptor down Fulton St that we eventually connected all the way to
the waste water plant in the subsequent years . This went a long way toward handling the
flows that were coming out of the inlet valley area and the west hill portion of the Town and •
we could never have created those opportunities , the City or the Town alone , without the
State being involved in a major project on the west end . Similarly, the school district was
talking about a three year rehab program on the north end and we took steps in 1997 to
put an interceptor up the highway in anticipation of going around both sides of the high
school . This interceptor had been talked about by the City and the Town as far back as
1989 at the Kline Rd interceptor. So another opportunity presented itself and we were able
to construct those in the same time frame that the school district was doing their rehab and
their re- landscaping . On another front , Cornell water was discussed as early as 1994 , it all
came to fruition in 1999 , but some of the interceptors that you ' re faced with consideration
of participating in at this point had to be built in anticipation and prior to the Cornell project .
The Cornell project we expected to happen in two construction seasons , as it tuned out, it
happened all in one , so fortunately we were there in preparation for what Cornell did as a
part of the interceptor improvements . So , in short , we were able to take a system that had
only one interceptor. Pretty much this group that . you see here through the City and we
were able to start to look at serving the City and the Town needs from all areas of the
Town . The most heavy use was off of the Kline Rd . Dan had dealt in a temporary way with
the four feet of raw sewage in the high school parking lot in the early 90 's . The Kline Rd
interceptor up the highway and around both sides of the high school provided a permanent
solution . It eliminated the oldest pump station in the Town , it provided the opportunity for a
regional partnership and it is a big reason why Cathy is struggling around the table to bring
together the regional group at this point is that the opportunities are there as a result of the
construction of these mains .
The last big venture is the First St . sewer, which some of you may have seen the
engineering drawings for at this point. It will solve the problem of flow coming off of east hill
and south hill portions of the Town , as well as the City. We ' re not alone in our problems .
We both have INI problems . As I say, these studies were done in the early eighties and at
the point I looked at them in 1994 , they were only worse . No one had really done anything
with interceptor problems or INI problems in 13 years time . We ' re focused in on putting up
a very good waste water plant that has served both of us very well and just parenthetically,
we achieved in a 99 % range of removal there , we ' re about to both partner in a fair share
phosphorus removal project that will tie right in with the announcements you ' re going to
hear from the State within days about mandated phosphorus removal . We ' re working
pretty well together on the waste water treatment plant end of things and I can tell , on the
waste water collection end of things . What I handed out to you , real briefly, the first page is
some attempt to kind of put into perspective what we 've accomplished in the way of those
improvements I just spoke about. I feel safe in saying to you that we 've delived over $5
million in value . I could easily come up with numbers that show over $ 6 million , but just to •
be conservation and modest — I show $4 . 87 million of value . We have side by side bids
that went on with some of this work to show that the work that was accomplished was
accomplished with at least 22 % savings by doing it through force account and using some
of the best of mechanics and waste water skill in the county. Which was another discovery
I had in 1993 . Here I had this under utilized work force with a whole lot of talent to put to
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work for both of us . An then , we were lucky enough to pursue the Bond Act Fund and
reduce our collective dilemma by another 35% . So we' re here debating really on how to
split the remainder . There has been some discussions of the Town picking up 40 % of the
remaining share . We have other opportunities through the Environmental Facilities
Corporation to bond those local shares on low interest loans . Some of that is the City up-
fronting some of these costs , we went and borrowed $ 1 . 5 million at 2 . 8 % , as an example
of the lower interest rates you could enjoy through that program without a lot of pain . It's a
lot easier actually, after the fact, to get those loans than to plan for them up front. There's a
lot of strings attached through the EFC Fund , but when you 've spent the money and you
can show the bills that you 've paid , it's a matter of a pretty simple audit from the State .
There ' s been a lot of concern about the overhead charges that were charged in here . I 've
included a memo that I sent to Dan a while back and we discussed as recently as today
again . I tried to explain how I tried to be conservative , take people within my staff who are
clearly associated with all these capital projects , lay their costs over the entire cost of my
division and come up with an overhead percentage factor. This doesn 't include people who
might have been associated with the project that you might consider questionable or in the
gray area . I actually went to the pains of excluding them so that we wouldn 't get into a
protracted debate . And that' s how we arrived at the overhead percentage factor for the
water and sewer division at 9 . 9 % and with an additional 2 . 2 % for general overhead , like
payroll , there are things in the City Hall , like bidding out the materials and things of that
sort . This is very different than the overhead questions you have at the waste water
treatment plant and all the overhead that's associated with the central City government,
like human resources , IT departments , the lawyer, the law department. It's very different
and I just , I don 't want to belabor it, but I want to say it is entirely separate from the issues
brought up . As far as I know, and I explained to Dan , 35% of my position is the only thing
that is charged to the waste water treatment out of this same set of individuals that I ' m
presenting to you here . Our overhead , the water and sewer division .
The next sheets in your packet will just clearly show you what I think I brought to the
waster water entity when coming back in 1994 in collaboration with Gary Gleason . I
encouraged Gary to bring in more truck waste income and he had the dilemma of knowing
everyone in the industry . I had the luxury of being his boss and being able to put over-site
and a sort of check and balance to all the friends he knew in the world . That's all I really
wanted to present to you because I haven 't had really an opportunity in the 15 years since
I left the Town to address this group . I think this is the first time I 've come back before the
Town Board . Is to show that the average in my watch has been $210 , 000 a year, the
average before my watch was $80 , 000 a year.
The next page , as it relates to interceptors , is the. program that I presented to Dan and
Cathy and Mary as far as where we ' d like to go in the next five years on the interceptor
improvement plan . The 2002 program is made up of the First St and Aurora St project,
which I have plans , if you have seen plans . If you haven 't seen them , I can show you what
they are . The second part of that project won 't be done this year, but will be done in
conjunction with the City rebuilding the bridge over Green St and Aurora St. The bridge
costs have nothing to do with that . Largely the repaving costs for any of the projects that
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March 11 , 2002 Regular Town Board Minutes
have been done or are intending to be done are not a cost of the project that we are
looking for you to participate in . We 've used the opportunity of the City re- building many of
their streets to go in there and occupy the same real estate for the water and sewer
projects , but they' re not largely a cost of this project . You can consider if that wasn 't the •
case , you might wind up on a very deep sewer job , paying for half of the cost of a street re-
paving . So , basically, when we did the route 96 project and we did the Fall Creek projects
or Cornell did the chilled water projects , you didn 't pay for the paving , nor did we ask you
to pay for the paving or the curves or the street work that was done around those projects .
The next page is a quick summary of the money we have applied to the State for the Bond
Act Projects . I ' m on the second iteration of that payment request . After meeting with the
DEC , we 've lightly modifying the work plan and would expect reimbursement for those
projects sometime in the first half of 2002 . To date , we haven 't received any of those
monies . If there's any misunderstanding on what bond act monies we ' re received up to
date , we haven 't received any of them . They' re still pretty solidly in place , as are the 85%
funding for the phosphorous project that we ' re about to do .
The next page is a summary page that I recently provided to you , detailing what the re-
imbursement costs are that we are hoping that the two towns would participate in . That
number $ 718 , 000 could still be reduced by the discussions that we' re having with Lansing
and Cayuga Heights , as it relates to some of these improvements and I have a note at the
bottom of the page , which kind of singles out the projects that we ' re actively discussing for
participation by those communities in the interceptor, for instance , that goes up the
highway and around both sides of the school .
Finally, the rest of these packets are just general information on the activities that we have
going on at the waste water plant or some bigger picture on what the City has done in the
way of sewer improvements that go beyond even the interceptor projects . We have an old
system . We have a system that's 70 and 100 years old . You ' re fortunate enough to have
most of the things only existing since 1964 in the Town . So we have an active program to
replace the sewers that have gone on in parallel with all the interceptor improvements . We
chose the interceptor improvements for two reasons ; we didn 't have an interceptor system ,
we felt it served you , our partner, as well as the City . I feel like what ever I say 57 % of by
working for the City and I say 40 % of for the Town and that was sort of the attitude that we
took this all on in . Other questions have come up that I wish to have people from the Town
come to my office and discuss in detail . I feel like I have all the answers . I 've provided in
Cathy's packet and none of your others one of my payroll records , there 's always been
questions about how people get charged off, that is a typical payroll for the City that I gave
you in the back of all that information . It's just my way of showing that people are charged
to a job and account . In the case of people whose time I split , say between water plants
and sewer plants , they' re charged to the specific account that they worked out of. There 's •
no magnet that goes on . I have all these , kind of accounts . I ' m answering eight years of
questions . I have one report that shows you every project we worked on for the whole year
of 1998 . 1 can get a _ report any day of any month of money spent to date in those accounts .
I know that you have a lot of discussions with a lot of people who work for the City, but I
think it's important for you to know about the accountability of the water and sewer
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department . This is an example of one of the accounts that we used for the interceptor
program . With that I ' d like to open up to questions that you may have for me .
Councilman Niederkorn - Listening to this , I think I ' m impressed with the care that's been
taken in this project and the work that' s been done .
Supervisor Valentino — I think I 've talked to the group about some of the negotiations we 've
been having . Part of it is the whole entity of getting the six partners in . Because the original
agreement did not spell out at all how we deal with interceptors and sharing the
interceptors and so I think the engineers have done a very good job and are close to
finalizing what we can sign off on , a map that shows the interceptors that we've all jointly
used and are close to a percentage we believe is the Town ' s share . So the engineers are
close to getting that component of it completed to where we ' re all in agreement . The
disagreement that we've been having and I think we' re getting closer to some agreement
on that because of information that has been provided and kind of things that Dan has
asked for and we have asked for. Our dilemma is just exactly what parts of those
interceptors . We sort of disagree on that on some of the pump stations and things like that,
just what is the value to the Town , some of those we disagree on . We don 't disagree , we
don 't feel that we have the information to tell us exactly , because we said that we' re willing
to pay our share of the net costs of the interceptors . What did the City actually pay for
these interceptors , after they've gotten their agreements with Cornell or with the State or
whomever sorted out — what is that net bottom line? And then we are willing to pay our fair
share of that net bottom line and we ' re not quite there yet, I think we ' re getting closer, but
we' re not really there yet . So there' still some things for us to work out. Our hope is that
once we get these cleared up and sign off and have an agreement , that hopefully we've
learned a very important lesson from history in the past that we will start out with very clear
maps and understandings of where we go to the future . Going back and trying to figure out
this part of it has been a very difficult process for us . So we ' re still in the process of
negotiating between the engineers for the rest of this .
Mr. Walker — This is a summary table that we 've been working with most of the interceptor
projects , there are a 'few more on the bottom that aren 't on there . A big part of the problem
has been , of course , that we haven 't been involved with the process from the beginning , so
there ' s been a lot of projects that have been done without the Town Board 's approval . The
overhead question is one of the issues . We have a lot of overhead also in working with the
municipal sewer system that we ' re not charging against the project ourselves that we could
conceivably add to the cost . Some of the data that we' re had has come in and has been
modified . We have questions on the work that was done under the Route 96 and we were
told there was work being done , but we never were given details for it. So that's the
proble
m with trying to track things down . That's part of the issue . I have received a lot
more data from Larry over the past months that has reassured me of some of these
projects . I think having an opportunity to review the interceptor plans before they were
committed to see
if they' re the most effective for us and if there was another option that we
• com Y
could do that may costa . little bit more on one little section , but may save other issues .
We've not had the opportunity to participate in the decision making process , which is going
to concern me . One issue is on this phosphorus removal project , we went through and ,
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March 11 , 2002 Regular Town Board Minutes
until we raised some questions , I don 't know if the engineers really looked at the issues of
the value engineering of changing from using existing infustructure to others . I think we' re
making progress now as a partner being involved with the design project and the decision
making process . I have not felt comfortable with the level of detail I have been given to t
bring to this Board and say yes this is what we vote . This spread sheet is my analysis of
what I figure we do owe and there 's no question that the Town is a partner in this and
should be participating .
Mr. Lessor — I guess my question might be what should be expected from this Board ? This
is interesting information , but I don 't know what I ' m supposed to be doing .
Mr. Walker — At some point , when I get enough detail , I will be making a recommendation
to this Board to pay our share of the interceptor costs .
Supervisor Valentino — We ' re still negotiating with them .
Councilman Niederkorn — I understand , the summary that Larry has provided , he 's listed
25 projects with a Town 's share of $ 718 , 345 . . Do you have all 25 projects on your sheet?
Mr. Walker — I 've gotten bits and pieces . I 've spent probably 40 to 60 hours just trying to
sort this out.
Councilman Niederkorn — I see some of the numbers are the same , so I can see your
tracking . You come up with just a little less than 400 , 000 .
Mr. Walker — Well , there are a few other little projects in there . There 's questions we have ,
that I don 't feel comfortable asking this Board to pay for a betterment that, from all the
record I have , said that the City paid the State $20 , 000 was the betterment cost and we' re
being charged for $ 90 , 000 .
Mr. Fabbroni — I 've explained that now. . That hasn 't changed , I 've just provided more
information . It' s never changed . The easy explanation of that one is we got a new sewer
put across the new bridge at the extension of Buffalo St , which connects to both the Cliff St
sewer and Hector St sewer. The estimate by the State was $ 90 , 000 . To do the project over
on Old Taughannock Blvd , the State had to relocate a sewer where the new approach to
the other bridge that goes into the park occurred . The City offered to do that portion of the
work and they basically credited it back to the bridge project, so out of pocket, we only had
$20 , 000 that we paid for the bridge crossing , but then there was the work that we did on
the island in trade for that , that got added back in . I believe I 've explained that all to Dan in
the latest information that I 've provided to him . The numbers haven 't changed in the
spread sheet . I 've got what the original spread sheet , that you created your own out of.
This is a good example of where I 've tried to provide all the information , I 'm not arguing
with your engineer. I think he 's asking all the right questions in all these proceedings , but
don 't know that everybody's looking at the answers in the detail that I ' m providing you to
substantiate it. That's my frustration at this point . I think I 've provided enough to audit the
vouchers on all the projects . I don 't understand the mistrust at this point. I have to say that
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to , honestly , friends , I think I ' m looking at all friends here . If I set out to do a project, and I ' ll
look at you Mary , and have objectives to do on both our behalves , I can 't tell you a project
that I 've been involved in in 25 years that has worked out as well as it has for all the people
that are benefiting from it . Things that you start out to do a project and you hope that this
will fall into place or that will fall into place , to have everything fall into place and then more
• than just at the end , not have the understanding or the approval of your partner is probably
the most disappointing experience of my professional career, but I will tell you that the
product is the best you could ever hope for. Dan and I have small disagreements on how
we size sewer mains . In my perspective , we find a place to go through the City. We have
to dig a five foot hole , you have to have a three foot trench here for the people to work in ,
whether you put an 18 inch or a 24 inch pipe in the ground really becomes sort of a
argument that engineers can spend years debating , but the reality is you have the
opportunity to take care of the next 50 or 75 years . That's an example of some small area
of disagreement , but in terms of the value that we ' re going to be seeing , believe me folks
that you couldn 't have gotten more value . To work through all the obstacles , the Town is a
very happy place for me to live in , I guess I ' m trying to say , but commerce is very
complicated in the City . When you try to go up a City street and you have cable and you
have fire cables and you have gas and you have every utility in the world . A good example
is one of the answers that I provided to Dan about a small piece of pipe from the end of
Fulton St to a pipe grid by the Super 8 there . There was not an inch of space left under the
ground to put this pipe in so we left it up to the State to figure out how to make it all work.
There are really no increasing costs , other than providing the eighty feet of pipe to run , but
if you saw the traffic signals and the conduit boxes and the electrical cables and everything
else that's in that space . You may know where I ' m talking about , the old Smith Hardware ,
where they sort of improved the curb at the eleventh hour of the project. This group that
I ' m looking at didn 't incur any added cost for us being right on the spot , taking advantage
of the situation and almost making the State feel guilty for having to do that . I don 't want to
take up a whole lot of your time . I asked for the opportunity because I felt I haven 't been
able to come here and give my story. My story is that I still love the Town as much as the
day I left it and I guess I ' ll leave with just a ten second advertisement of my own . I 've done
a lot for the Town and you know the dedication that I have hasn 't changed in the 15 years
since I have left . I respect the engineers and planners and building inspectors . Thank you
for the opportunity.
Supervisor Valentino — I think we ' re getting close . They' re pulling information together , as
you can see from Dan 's chart . We ' re narrowing it down from all the information that's been
provided . I think WE, have some legal problems to work out with it . Should that be executive
session ?
Councilwoman Grigorov — I ' m glad you came down .
Supervisor Valentino — I think we ought to add that to our executive session because we' re
• going to have to talk about the appraisal and we ' ll talk about the legal problems that we
have with this in Executive Session . I have one other item before we go on to the Consent
Items and Reports of the Towns that I need . It's not on the agenda that I need to deal with .
I asked Tee-Ann to go back and double check because we are going back and forth on the
57
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
things that we needed for the Recreational Partnership , remember the agreement . John
looked at some things that we had to go over and we realized that we did not approve the
bylaws . I thought that I had been given , to sign some changes , but as far as we can tell ,
rechecking that that's not true . We did the agreement , but not the bylaws . The Bylaws had
some changes that have now been approved by the Recreation Partnership Board that
take care of some legalities that were in it . For one , on the officers vote , it said that we
could have a secret ballot . Which isn 't allowed by law. When you ' re voting for officials in a
meeting it has to be an open thing . That needed to be changed . We 've had to change the
voting where they said passing of a motion requires a majority vote of those present, that
is not appropriate either, you need to have a majority of the membership , full Board . So we
needed to change that . Then they had a statement that was a little hard to understand .
They said "all amendments voted on by the Recreation Partnership Board must be ratified
by one hundred percent of the governing body of the participating municipalities" , which
leads you to believe that it has to be everybody and so we needed to take out that 100 %
and change it all . So it's just those little changes that are different than the Bylaws that we
saw a while back. So what I would be asking for is , we would need a resolution for those
Bylaws for those changes , John .
Mr. Barney — I can 't recall . Our Board must approve the Bylaws , is that what it is , the Town
Board .
Supervisor Valentino — We passed the agreement and we had to change a couple of little
changes , but we didn 't pass the Bylaws .
RESOLUTION NO. 2002-51 - APPROVAL OF RECREATION PARTNERSHIP BY-LAWS
RESOLVED , that this Board approves the Recreation Partnership in the form
submitted and explained by the Town Supervisor at this evening 's meeting .
MOVED : Councilwoman Grigorov
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
AGENDA ITEM NO , 21 — SET A PUBLIC HEARING TO CONSIDER ENACTMENTS OF
A LOCAL LAW REZONING APPROXIMATELY 15 ACRES FROM R-15 RESIDENCE
DISTRICT TO MR MULTIPLE RESIDENCE DISTRICT IN CONJUNCTION WITH
PROPOSED DEVELOPMENT AT LINDERMAN CREEK
Attachment no. 11 : site plan
58
INIIIEN
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
RESOLUTION NO 2002 -52 — Set Public Hearing to Consider Enactment of a Local
Law Rezoning Approximately 15 Acres from R -15 Residence District to MR Multiple
Residence District in Conjunction with Proposed Development at Linderman Creek
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 8th day of April 2002 at 7 p . m . for the
purpose of considering enactment of a local law rezoning approximately 15 acres from R-
15 Residence District to MR Multiple Residence District in conjunction with proposed
development at Linderman Creek , and it is further
RESOLVED , that at such time and place all persons interested in such local law 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 , said publication to occur not less than ten days before the day
designated above 'For the public hearing .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
ABSTENTION : Councilman Klein
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Burbank, aye ;
Councilman Niederkorn , aye
The Motion was carried
AGENDA ITEM NO . 28 —CONSENT AGENDA ITEMS
RESOLUTION NO . 2002 - 53 (a ) — Town Board Minutes of February 11 , 2002
WHEREAS , the Town Clerk has presented the minutes for the Year- End Town
Board Meeting held on February 11 , 2002 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 February 11 , 2002 as presented at the
March 11 , 2002 board meeting .
• MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
59
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman
Burbank, aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
RESOLUTION NO . 2002 =53 ( b) = 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 . 4719 thru 4824
General Fund Town wide $ 131 ,432083
General Fund Part Town $ 1 , 081 . 00
Highway Fund Part Town $ 24 , 394 . 02
Water Fund $ 89448 . 72
Sewer Fund $ 29457 . 39
West Hill Water Improvement $ 641 . 03
Fire Protection Fund $336 , 217 . 75
Risk Retention $ 240 . 98
Lighting Districts $ 19126 . 13
Total : $ 5069039 . 85
MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
RESOLUTION N08 2002 - 53 (c) — 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
60
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
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 : 59 thru 117
Operating Fund : $ 1079167 . 10
2001 Backup Electric: $ 7 , 688 . 51
Total : $ 114 , 855 , 61
MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously .
RESOLUTION NO ., 2002 - 53 ( d ) — Regular Appointment of Environmental Planner.
WHEREAS , Michael Smith has worked for the Town of Ithaca as an Environmental
Planner provisionally since his appointment on October 2 , 2000 ; and
WHEREAS , Michael Smith has successfully completed the competitive exam for
Environmental Planner and is number 3 on the eligible list;
Now, therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve the
regular full time appointment of Michael Smith as Environmental Planner, effective March
11 , 2002 ; and be it further
RESOLVED , a twenty six (26 ) week probationary period applies and shall end
effective September 9 , 2002 , with no further Town Board action required if there is
successful completion of the probationary period as determined by the Director of
Planning ; and be it further
RESOLVED , this appointment does not change Mr. Smith ' s job classification , hourly
• wage or benefits .
MOVED : Councilwoman Russell
61
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
RESOLUTION N0 , 2002 - 53 (e ) — Additional Appointments to Personnel Committee .
WHEREAS , historically the Personnel Committee has had three (3 ) Town Board
members and two (2 ) town staff members appointed to serve on the committee ; and
WHEREAS , the committee role over the past eight years has changed from a
committee that discussed confidential matters to one that acts more as an employee-
employer relations committee ; and
WHEREAS , do to the change in the format of the committee it was discussed that
having a larger number of employee representation would be a benefit to the committee ;
Now, therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby ratifies the
appointments made by the Town Supervisor of two additional members to the Personnel
Committee as decided upon by the employees at Town Hall and the Highway Department
as follows :
Cindy WaslE;ff Town Hall Representative
Donald TenKate Highway Department Representative
MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank , aye ; Councilman Niederkorn , aye
The Motion was carried unanimously
RESOLUTION NO . 2002 -53 (f) = Approval of Attendance at New York State Town
Clerks ' Association Year 2002 Conference
62
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
WHEREAS , the New York State Town Clerks' Association will be holding their 20th
Annual Conference in Saratoga Springs , New York from April 21 , 2002 through April 24 ,
2002 ; and
WHEREAS , the Town Clerk believes this conference will provide essential training
• and information regarding the functions of the Town Clerk's office , including updates of any
state law changes associated with the duties and responsibilities of said office ; now,
therefore , be it
RESOLVED , the governing Town Board does hereby approve the attendance of
Tee-Ann Hunter, Town Clerk , at the referenced conference on April 22 , 23 , and 24 , 2002
in Saratoga Springs , New York ; and be it further
RESOLVED , that expenses for attendance at said conference shall not exceed
$625 . 00 for registration , lodging , meals , and travel to be charged to the General Fund ,
appropriation line Town Clerk Conferences/Mileage Al 410 .410 .
MOVED : Councilwoman Russell
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman
Burbank, aye ; Councilman Niederkorn , aye
The Motion was carried unanimously.
Supervisor Valentino closed this segment of the meeting .
AGENDA ITEM NO . 29 - REPORT OF TOWN COMMITTEES
Supervisor Valentino — Purchase of Development Rights Committee , haven 't met . Capital
Planning Committee , we' re going to meet . Cayuga Lake Watershed Intermunicipal
Organization , haven 't met. Codes and Ordinances Committee?
Councilman Klein We met two weeks ago to review the comments that we received from
the other Boards and we didn 't get to all of them , so we' re having a special meeting
Wednesday night of the Codes Committee . Hopefully we ' ll get through them . We got some
good comments . We got some additional comments from the Ag Committee , which I think
are very good . So I think we' re going to be in pretty good shape .
Supervisor Valentino — The Fire Negotiating Contract Committee we can scratch off our
list . Park and Trail Use Committee , we passed that tonight, but Will had some issues about
that .
63
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Councilman Burbank — It was the concern that we raised about night use of trails .
Supervisor Valentino — So we probably need to talk about that. Personnel Committee ,
nothing . Public Works Committee .
Councilman Klein — We spent probably the most time talking about the new facility and
some of the proposed water and sewer projects . That's really about it.
Supervisor Valentino — Safety Committee , any report? We had a lot of safety training last
week.
Mr. Drake — ( inaudible )
Supervisor Valentino — Sewer Contract Committee : as Mary and Dan will probably say ,
frustrating work. Very difficult. We ' re working with Chasen Consultants now on the road
reducing impacts . We' re having a meeting this Friday again , hopefully we' ll clear up some
of the problems that we 've been having with the analysis .
Councilwoman Russell — Problematic . They haven 't done what we asked them to do and
it's been very confusing .
Supervisor Valentino — Hopefully , we ' ll make some progress this week. I think , as far as
the agreement itself, we 've pretty much worked through a lot of that and I feel like we ' re
making some good progress on the agreement itself. Special Sewer District , we don 't have
anything . Transportation Committee?
Councilman Niederkorn — The next meeting is scheduled for April 4th and primarily, we 've
been talking a lot about the transportation plan elements .
(tape cut off)
Supervisor Valentino — Jonathan , maybe you should mention that you , I and Fred Wilcox
met with John Gut:enburger concerning the proposal that they have for those clean fills on
Pine Tree Rd and our concerns about them and we thought that the discussion was very
good . We think that we made them see how many problems that would present and the
difficulties that they would have getting approvals there and really steering them towards
Precinct 7 where those kind of fields are already approved and where it can move much
faster. So they seem to indicate that they understood that, so we ' ll see what happens
when they come back. The discussion went pretty well we thought. Any other
committees?
AGENDA ITEM NO . 30 — REPORT OF TOWN OFFICIALS
Attachment now 12
64
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
Supervisor Valentino — Does anyone have any questions for the Town Clerk? Highway
Superintendent? Director of Engineering ?
Mr. Walker — Just one thing . Did everyone get a copy of this letter? The committee that I ' m
on with the Tompkins County Risk Management Planning Committee , there is a very
important meeting on April 4th that all the officials are asked to attend if possible , all the
Board members . For a full introduction of the draft plan that is being put together. It's very
important to get everybody on board , so if you can make that date , I really recommend that
you attend . That's a Thursday night and there will be a representative from the State
Management also to explain some of the rights and the authorities that you have also .
Supervisor Valentino — Director of Planning ? Anyone have questions for Jonathan about
his report? Building and Zoning Officer? Any questions for Andy? Human Resource
Manager? Any questions for Judy? Budget Officer? Al do you have anything you need to
say about your reports? Network Specialists , if you have any questions about her report ,
you can see me . Receiver of Taxes ? Attorney for the Town ?
Mr. Barney — The Eddy brief went in . It has been filed . ( inaudible )
Supervisor Valentino — Any other things before we go into executive session ?
Agenda Item No . 311 = Review of Correspondence .
Agenda Item No . 32 - EXECUTIVE SESSION .
Attachment no . 13 : Feguson Property Appraisal
On MOTION by Councilwoman Grigorov , seconded by Councilman Niederkorn , . the Board
resolved to enter into Executive Session at 9 :45 p . m . to discuss possible litigation on the
Joint Activity Funds and possible purchase of an agricultural easement.
On MOTION by Councilman Burbank , seconded by Councilwoman Russell , the Board
resumed regular session at 10 : 28 p . m .
ADJOURNMENT
On motion by Councilwoman Russell , seconded by Councilwoman Grigorov, the meeting
was adjourned at 10 : 29 p . m .
Respectfully Submitted ,
6o�7 0�� �
Lori Quigley
Deputy Town Clerk
65
Approved May 13, 2002
March 11 , 2002 Regular Town Board Minutes
66
TOWN OF ITACA
` TOWN BOARD
,SIGWIN SHEET
DATE * Monday , March 11 , 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
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3 / 11 / 02 Attachment No . 1 Agendas 6
Town of Ithaca
Town Supervisor' s 2001 Annual State of the Town
The Town of Ithaca has ended 2001 in sound financial shape . Sales tax revenue
exceeded our budget expectations by. 15% ($386 , 934) . Mortgage tax from new
construction and mortgage refinancing totaled $204 , 144 . This revenue stream
appreciated about 14% . Interest income exceeded our budget by 26 . 6% . Our
interest income will be much lower in 2002 due to the down turn in the national
economy. While we have been successful with revenue , we have also been able
to keep expenses down . The end result is that we will begin 2002 with a healthy
fund balance for all programs .
I am going to recommend that $ 1 , 000 , 000 be deposited in a special account
toward the cost of renovating the Public Works Facility. I recommend that we
bond for $800 , 000 to cover the rest of the cost of the facility renovations . With
interest rates so low it makes good business sense to bond at this time.
The town ' s staff continues to do outstanding work on behalf of the town . The
Highway employees did their usual good job of road improvements and storm
water managernent improvements . The town has eliminated the use of
herbicides and pesticides , as we strive to improve our environment . Our highway
crews completed many projects this past year; such as the Vincenzo lacovelli
Park, Hanshavr Road sewer re-alignment (with landscaping and seeding done for
the homeowners that had land disturbed) , and started on the West Hill water line
improvements .
In 2001 we studied and implemented a new pay structure and job classification
program for all employees . In May the Board approved a new wage scale , which
produced a wage increase on July 1St for the employees . The Town Board had
strong support from the staff for the improvements made in the classification and
wage system . The Town Board also approved the addition of two important
benefits for the employees at no cost to them : Long Term Disability Insurance
and $25 , 000 Group Term Life Insurance .
The Town will soon be reaching another milestone with the upcoming completion
of a comprehensive revision of the Town of Ithaca Zoning Ordinance , The
Codes and Ordinances Committee completed its review of the current Zoning
Ordinance and Map , and will be releasing its draft revisions in the very near
future for public review and discussion . This effort , which has taken four years of
hard work, will complete the implementation of many of the recommendations in
the 1993 Comprehensive Plan . Town resident participation in the review of the
ordinance will be critical to its ' success .
L :\TB prep\2002\March\Supervisor's 2001 Annual Report . doc : created : 2/27/02
March 5 , 2002
I urge everyone to read the Department Head 's Annual Reports ; the projects
completed and work in progress is very impressive . The cooperation and
coordination between departments improves each year; it is the foundation that
helps the town succeed in so many areas . I believe we all take great pride in
doing outstanding work on behalf of the town residents . I hope that town
residents continue to volunteer for town committees and take the time to learn
more about our town .
L :\TB prep\2002\March\Supervisor's 2001 Annual Report . doc : created : 2/27/02
March 5 , 2002
3 / 11 / 02 Attachment No . 2
Dear Catherine Valentino ,
We are writing this letter to request your consideration in the matter of bringing
municipal water service down Burns Road . We have lived on Burns Road for 15 years
and have encountered many problems with our well water. Some of the problems we
struggle with are natural gas, a strong sodium taste that makes it impossible to drink, a
strong odor, and a recovery rate of less than %2 gallon per minute. Our well frequently
runs out of water. We have often thought about digging another well but when we
consider the water situations of our neighbors as well as our own we fear we would be
wasting money.
Five years ago Sharon opened Happy Hearts Childcare in our home, which
currently serves 10 families from the Ithaca area. A better supply of water would be a
blessing to this program in many ways. We practice water conservation, which is not a
bad thing we realize, but it would be nice to wash our hands under running water each
time we need our hands washed rather then using wipes which creates more garbage.
During warm weather it would be nice to play in the sprinkler, which is something our
present well situation would never allow.
We have met together as a neighborhood and made a plan to send our concerns to
you explaining our situations. We ask that you please share them with Dan Walker and
the Town Board members. We appreciate your consideration in this matter.
Sincerely,
Bill & Sharon Hilker
271 Burns Rd.
Ithaca, NY 14850
272-6253
Date: January 23 , 2002
To : Cathrine Valentino
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
From: Bill and Shirley Hilker
277 Burns Rd.
Ithaca, NY 14850
Re: Water line on Bums Road
Dear Cathrine ;
We have road front property on Burns Road in the area that is being considered for
installation of a water line. We are very much in favor of having a water line installed on
Burns Road and will be willing to pay the required amount for that portion that belongs to
us. Please consider this letter as our committment to this cause.
Sincerely, ,
Willis `Bill" Inter Shirley
February 19, 2002
250 Burns Rd.
Ithaca, NY 14850 \ \
Catherine Valentino
Town of Ithaca Hall
215 N. Tioga
Dear Ms. Valentino,
This letter is to inform you of a problem with our well water. In addition to a problem
with gas in water lines, we require extensive treatment to make the water potable, due to the high
sulfur content. The treatment involves passage of the water through a deionizer with addition of
low concentrations of chlorox to prevent both algal growth in the pipes and bacterial
contamination. Even with these treatments, we purchase bottled water for drinking, with well
water being used for other purposes.
We realize that there are pipes providing city water nearby and therefore request an
extension of these along Burns Rd so that we might have access to the city water supply.
Thanks for your attention to this matter.
Sincerel , n
Joel D . Baines, VMD PhD
Jeanne M . Baines, VMD
To :
Town of Ithaca
• Town Board
• Catherine Valentino — Town Supervisor
• Dan Walker — Town Engineer
From :
Jim Hilker
255 Burns Rd .
Ithaca, NY 14850
February 2 , 2002
The purpose of this letter is to provide you with information regarding the existing
conditions of water service at my residence .
Since the construction of my residence in 1984 , I have accessed a spring located at the
based of a hill behind my house for potable and service water. The choice to use this
source was based on the typical outcome of drilled wells for residences on the same road .
It is my understanding that these drilled wells have consistently produced a minimal
quantity of water, and water that is high in salt concentrations and natural gas . The spring
source that I use , although better than the local drilled wells , is still one that is
substandard . This spring source seldom provides quantity enough for a household family
of four, requiring bi -monthly bulk water purchase to fill the 400-gallon holding container.
The quality of my water source fluctuates , as rains often cause surface runoff to penetrate
the holding container and contaminate the water.
I request that you review the water fees (taxes) that I have contributed to in the past and
the close proximity of an existing water main on Coddington road, as well as the existing
water conditions of other residents of Burns road . , in order to determine if it is feasible
for the town to extend public water service to residents of Burns road .
Sincerely;
9Ja*mes AHHZker�
256-0712
3 / 11 / 02 Attachmebt # 3
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fi 3 . Resident director office
4. Administration office Q P K
6 5 . Mail center DESIGN
ARCHITECTURE
6 . % ending center ENGINEERING
7 . Laundl -v SITE & PLANNING
' l 450 SO. SAJNA STREET P.O. BOX 29
' SYRACUSE, NEW YORK 132C1 .0029
b . EXerclSe room
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3 / 11 / 02 Attachment # 4
Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION ( To be complete by Applicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
Local Law Amending the Town of Ithaca Zoning
Town of Ithaca Town Board Ordinance to Permit Community Buildings in Multiple
Residence Districts .
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map : )
Townwide — (Refer to official Town of Ithaca Zoning Map for locations of existing MR Districts .)
Tax Parcel Number: (Numerous MR Multiple Residence Districts)
4. Is proposed action:
NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Ordinance)
5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant
items) :
Enactment of a local law amending the Town of Ithaca Zoning Ordinance to permit community buildings in Multiple
Residence Districts . The amendment would add "community building for use by the residents of multiple-family
dwellings in the Multiple Residence Zone and guests" as a permitted accessory use. This would apply to all MR Multiple
Residence Districts in the Town.
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of land affected : (Townwide)
Initiall (0 =5yrs) 196+/- Acres (6- 10 rs) 196+/- Acres (>10 rs) 196+/- Acres
7. How is land zoned presently? MR Multiple Residence
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes_X_ NO If no, describe conflict briefly : (Will be an amendment of existing Zoning regulations)
9. Will proposed action lead to a request for new :
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X
Industrial Agriculture X Park/Forest/Open Space X Other
Please Describe : Numerous MR Multiple Residence Districts
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental
agency
(Federal, State, Local ?) YES NO X
If yes, list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO
If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor. Town of Ithaca
A _
Signature and Date : t v . �! � . - ;tip,
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law .
YES NO X If yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste
production and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
See attached.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly:
See attached.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
Threatened or endlangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or
other Natural resources? Explain briefly :
See attached.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain
briefly:
None anticipated.
C6. Long term, short term, cumulative, or other effects not identified in Cl-059 Explain briefly :
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated .
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO,.X If yes, explain briefly: See Attached.
E. Comments of staff X CB., other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i .e. urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address .
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration .
x Check here if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on
Attachments as necessary the reasons supporting this determination .
c
Town of Ithaca Town Board
Name of Lead Agency Prep er' s Signature(If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
C& .. i,t. . �r � t' "r =r ti. �> DATE:
Signature of Responsible Officer in Lead Agency
PART II - Environmental Assessment — Local Law Amending Town of Ithaca Zoning Ordinance to Permit Community
Buildings in Multiple Residence Districts
A. Action is Unlisted
B . Action will not receive coordinated review
C. Could action result in any adverse effects on, to or arising from the following:
Cl , Existing air quality, surface or "oundwater quality or quantity, noise levels, existing traffic patterns, solid
waste production or disposal.. potential for erosion, drainage or flooding problems?
No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste,
or potential for flooding as a result of the proposed action.
The proposed local law would amend the Town of Ithaca Zoning Ordinance to allow community buildings in MR Multiple
Residence Districts . Site specific impacts of individual community buildings would be evaluated in conjunction with site plan
reviews required for Multiple; Residence developments. Currently, the Town of Ithaca Planning Board is reviewing two site
plan submissions involving community buildings, one at College Circle on Danby Road, and the other at Linderman Creek on
Mecklenburg Road. These each involve site specific environmental reviews.
No significant traffic impacts, are anticipated in relation to the proposed zoning amendment. Community buildings would be
permitted as accessory uses for residents of the Multiple Residence Districts and their guests. They should be regarded as an
amenity for the Multiple Residence developments, and would not tend to be a significant generator of traffic from off site.
C2. Aesthetic, a,;ricultural, archeological, historic, or other natural or cultural resources, or community or
neighborhood character?
None anticipated. Site specific impacts of individual community buildings would be evaluated in environmental reviews
during each site plan submission. As an accessory use, the purpose of the addition of a community building in an MR
development would be to provide residents of the apartment development with amenities and services in a common location.
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or
other natural resources?
None anticipated. The proposed amendment is consistent with the intent of the Town of Ithaca Comprehensive Plan, which
promotes neighborhoods that are quiet, clean and safe, and encourages amenities such as community centers to help establish
and maintain neighborhood character. In reviewing the existing Zoning Ordinance as part of the comprehensive revision
process, the Codes and Ordinances Committee noticed that the omission of community buildings in the MR Multiple
Residence District did not make sense, and recommended that such buildings be permitted as accessory uses. Simultaneously,
two Multiple Residence District development proposals were submitted to the Planning Board including community
buildings . In both cases, the incorporation of a community building is consistent with the character of the proposed apartment
development, as well as with the character of the surrounding areas, and they will provide residents of the Multiple Residence
Districts with valuable amenities and important neighborhood functions .
PART III - Staff Recommendation, Determination of Significance
Based on review of the proposed- local law, the Town of Ithaca Zoning Ordinance and Map, the Town of Ithaca
Comprehensive Plan, and the information above, a negative determination of environmental significance is recommended for
the action as proposed. No significant adverse environmental impacts are anticipated.
Lead Agency : Town of Ithaca Town Board
`Reviewer: Jonathan Kanter, Director of Planning
Review Date : February 28, 2002
ATTACHMENT # 5
focal Law moiling NEWYORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended . Do not include matter being eliminated and do not use
italics or underii: ning to indicate new matter.
X)6KHgx .
XW Ithaca
Town - —VUaV
Local Law No. - - - - - - - - - - - - - 3 - - - - - - - - - _ - - - - - - - - - - - of the year 20- _ 02
AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
Alocal law - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
t0 PERMIT C01 11MUNITY BUILDINGS IN MULTIPLE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - --
RESIDENCE DISTRICTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - - -- - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -
- - - - - - -- - -- - - - -
Be it enacted by the Town Board
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the
- - - - - - - - - - - - - - - - - - - - - - - - - - -
(Ha a ofLegidudve Body)
X?bHV4X
nof - .. - - - - - - - - - - - - - Ithaca - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows :
�IIKa�
Attached
(If additional space is needed , attach pages the same size as this sheet , and number each .)
DOS -239 ( Rev . 11 /99) ( 1 )
TOWN OF ITHACA
LOCAL LAW NO . 3 OF THE YEAR 2002
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
TO PERMIT COMMUNITY BUILDINGS IN MULTIPLE RESIDENCE
DISTRICTS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1 , Article VI , Section 27 of the Zoning Ordinance of the Town of
Ithaca as re - adopted , amended , and revised , effective February 26 , 1968 , and
subsequently amended , is amended by adding a new subparagraph 7 reading
as follows :
"7 . Community building for use by the residents of , or guests of
residents of , multiple - family dwellings in the Multiple Residence
Zone . "
Section 2 . If any provision of this law is found invalid by any court of
competent jurisdiction , such invalidity shall not affect any other provisions of
this local law which shall remain in full force and effect .
Section 3 . This local law shall take effect upon publication of the local
law or an abstract of same in the official newspaper of the Town .
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1 . ( Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto , designated as local law No_ _ _ _ _ _ _ _ _ _ _ _ _ 3 - - - -- of 20
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 02
- - - - - - -
of the Kb'd CA)9(Town) (VY[44 of - - - - - - - - - - - - - - - - - - - - - - - - - -Ithaca - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
1' owTl oard _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ Mar , 11 _ _ 20 _O2 in accordance with the applicable provisions of law.
(Nome of Legulotive Body)
2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officer *.)
1 hereby certify that the local law annexed hereto, designated as local law No_ _ _ - - - - -- - - - - - - - - - - - -- - -_ - - - - ----- -- of 20- _ _ _ _ _
of the (County)(City )(Town) (Village) of - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the
-- - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 _ - - , and was (approved)(not approved )(repassed after
(Nome of Legulotive Body)
disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ 20_ _ _ _
(Elective Chief Executive Officer")
in accordance with the applicable provisions of law .
3. (Final adoption by referendum .)
hereby certify that the: local law annexed hereto, designated as local law No. _ _ _ _ _ - - - - - - - - - - - - - - - - _ - - - - - - -- - _ --- of 20- _ _ _ _ _
of the (County)( City ) (7own) (Village ) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ - - - - - - - - - - - - - was duly passed by the
- - - - - - - - - - - - - - - - - - - - - on - - - - - - - - 20- _ _ _ , and was (approved) (not approved)(repassed after
(Nome ofLegidotive Body)
disapproval ) by the - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- - - - - - - - - - - - - - - - - 20- - - - . Such local law was submitted
(Elective Chief Executive Officer)
to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of majority of
the qualified electors voting thereon at the (genera l )(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 in
accordance with the applicable provisions of law. '
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - -- - of 20- - - - ---
of the ( County)(City )(Town) (Village) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the
_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed after
(Name of Legislative Body)
disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 _ _ _ , Such local law was subject to
(Elective Chief Executive Officer *) .1
permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2(1 - _ _ in
accordance with the applicable provisions of law. '
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -
wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city orvillage , or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances .
( I )
t
s
5. ( City local law concerning Charter revision proposed by petition .)
I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ _ _ _ _ _ _ ____ _ of 2o- - - - - -
of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of
section (36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general ) election held on _ _ _ _ _ _ _ _ _ _ _ ____ _ _ _ _ 20__ _ _ ,
became operative .
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No_ - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - --- -- of 20- - - - - -
of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - State of New York, having been submitted to the electors
at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the Cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative .
Of any other authorized form of final adoption has been followed , please provide an appropriate certification .)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph - - _ _ - - - - - - - above .
Clerk of the County legislative body, City , Town or Village Clerk
or officer designated by local legislative body
(Seal) Date :
(Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF
I, the undersigned , hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed e ' to .
Signature
L( 4.
Title r' —T--i
C"M ry
9_ t of Town
, III e
Date :
r
( 3 )
H
3 / 11 / 02 Attachment # 6
PRELIMINARY
HIGHWAY FACILITY RENOVATION AND CONSTRUCTION
106 SEVEN MILE DRIVE
CAPITAL PROJECT BUDGET WORKSHEET
DRW 03/11/02
Paid to Date
ACCOUNT# DATE DESCRIPTION ITEM COST BUDGET SUBTOTAL
H1620,201 Jan-02 Legal $ 2w 000.00
H1620.202 Jan-02 Survey $ 500.00 $0,00
H1620.203 Jan-02 Arch. Fees - $ 140,000.00
Schemetic Design $ 219000.00
Preliminary Design $ 14,000.00
Final Design $ 14,000.00
Construction Documents $ 56,000.00
Bidding $ 71000.00
Contract Administration $ 28,000.00
H1620.205 Jan-02 Town Direct Expense $ 11150.00
Const. Document repro $ 500.00
Advertisement & Bidding Costs $ 150.00
Inspection & Testing $ 500.00
Jan-02 Town Force Account Work $ 50,000.00
Site Work & Drainage $ 10,000.00
Utilities $ 50000.00
Landscaping $ 10,000.00
Oil Separators $ 25,000.00
H1620.210 Jan-02 General Construction Contract Estimate $ 956,303.40
General Contract Bid Price
H1620.220 Jan-02 Plumbing Contract Estimate $ 75,000.00
Plumbing Contract Bid Price
H1620.230 Jan-02 HVAC Contract estimate $210,000.00
HVAC Contract Bid Price
H1620.240 Jan-02 Electrical Contract Estimate $113,000,00
Electrical Contract Bid Price
TOTAL CONSTRUCTION CONTRACTS $1 ,354,303.40
Network Design and installation $55,000,00
Furnishings $45,000.00
PRELIMINARY
Estimating contingency 20% $256, 123.46
TOTAL $ 1 ,904,076.86
DEDUCTIONS $147,000.00
DELETE WASHBAY $ 133,000.00
Delete Radient floor heat in Shop $ 14,000.00
$1 ,757,076.86
I
HIGHWAY FACILITY RENOVATION AND CONSTRUCTION
106 SEVEN MILE DRIVE
GENERAL CONSTRUCTION CONTRACT BUDGET WORKSHEET
DRW 03/11 /02
DATE DESCRIPTION ITEM COST COST SUBTOTAL
DIVISION 1 - GENERAL REQUIREMENTS $ 20, 103.90
Costs of bonds, insurance, mobilization,field office
costs, use 50% of architects estimate for project $ 20, 103.90
DIVISION 2 - SITEWORK $ 32,000.00
Excavation for foundations, and footings $ 32,000.00
DIVISION 3 - CONCRETE $ 114,234.00
Reinforced concrete for foundations and structure $ 114,234.00
DIVISION 4 - MASONRY $ 36,960.00
Block walls, repair existing walls $ 36,960.00
DIVISION 5 - METAL $ 194,205.00
Structural metal, $ 194,205.00
DIVISION 6 - CARPENTRY $ 8,546.00
Framing and blocking $ 8,546.00
DIVISION 7 - THERMAL AND MOISTURE PROT $ 370,404.50
Roof system , walls $ 370,404.50
DIVISION 8 - DOORS AND WINDOWS $ 60,760.00
$ 60,760.00
DIVISION 9 - FINISHES $ 549290.00
gypsum board systems $ 54,290.00
Acoustical ceiling
Paint
carpet DELETE $ 31600.00
DIVISION 10 - ACCESSORIES $ 14,800.00
Toilet partitions, dispensers, lockers, mirrors etc $ 14,800.00
DIVISION 11 - RESIDENTIAL EQUIPMENT $ 5,000.00
Kitchenette and counter tops $ 51000.00
DIVISION 12 - FURNISHINGS $ -
Furniture, window treatments, architects estimate is
$57,000, town will buy on separate PO $ -
DIVISION 13 - SPECIAL CONSTRUCTION $ 45,000.00
Preengineered Mezzanine for shop DELETE $ 10,000.00
Equipment cage DELETE $ 750.00
Structural steel for connection from old garage to new
storage bays $ 45,000.00
$ 956,303.40
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Attachment # 7 3 / 11 / 0 2
❑
1111 ❑ ❑ 1111 Town Assigned Project ID Number
Town of Ithaca Environmental Review
',SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1 . Applicant/Sponsor 2 . Project Name
Local Law Amending, Restating and Regulating the Use of
Town of Ithaca Town Board Town Parks, Trails, and Other Recreational Public Use
Facilities.
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : )
Townwide
Tax Parcel Number: N/A
4. Is proposed action :
NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Local Law)
5. Describe project briefly : (:Include project purpose, present land use, current and future construction plans, and other relevant
items):
Enactment of a local law amending, restating and regulating the use of Town parks, trails, and other recreational public
use facilities. This would amend and update Local Laws No . 1 , 1980 and No . 1 , 1982 , and includes regulations for use of
the Town ' s parks, trails, and other recreational facilities, as well as procedures and fees for issuance of permits for certain
activities on such facilities.
(Attach separate shect(s) if necessary to adequately describe the proposed project. )
. Amount of land affected : (Numerous Town parks, trails, and recreational facilities)
nitially (0-5yrs) Acres (6- 10yrs) (> 10 yrs) Acres
7y0. How is land zoned presentlly? Parks and trails are mostly located in various Residence Zones throughout the Town .
Will proposed action comply with existing zoning or other existing land use restrictions?
es X NO If no, describe conflict briefly :
90 Will proposed action lead to a request for new:
Public Road ? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential X Commercial
Industrial Agriculture Park/Forest/Open Space X Other
Please Describe :
11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental
agency
(Federal, State, Local?) YES_ NO X
If yes, list agency name and permit/approval/funding :
12 . Does any aspect of the proposed action have a currently valid permit or approval? YES NO
If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A .
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine Valentino Supervisor, Town of Ithaca j
Signature and Date :
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local f
YES NO X If yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617 .6
YES NO X _ If no, a negative declaration may be superseded by another involved agency, if any.
C . Could proposed action result in any adverse effects associated with the following :
( Answers may be handwritten , if legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste
production and disposal, potential for erosion, drainage or flooding problems ? Explain briefly :
None anticipated.
C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly :
None anticipated.
C3. Vegetation or fauna, fish, shellfish , or wildlife species, significant habitats, unique natural area, wetlands, or
Threatened or endangered species ? Explain briefly :
None anticipated .
C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or
other Natural resources ? Explain briefly :
None anticipated .
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain
briefly :
None anticipated .
C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly :
None anticipated . 0
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts ?
YES NOX If yes, explain briefly : See Attached.
E . Comments of staff X CB , other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i .e . urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material . Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address .
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration .
x Check here if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on
Attachments as necessary the reasons supporting this determination .
Town of Ithaca Town Board
Name of Lead Agency Pre rer' s Signature( If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
' ��. �? >= �;: c- March 11 , 2002
z � DATE :
Signature of Responsible Officer in Lead Agency
Attachment Noe 8 3 / 11 / 02NEWYORK STATE DEPARTMENT OF STATE
Local Law 11 iling 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended . Do not include matter being ,eliminated and do not use
italics or underlining to indicate new matter.
]iG RM� x
Ithaca
Town
mraw
Local Law No- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - of the year 20_ _ 02
AMENDING RESTATING AND REGULATING THE USE OF
Alocal law - - - - - - - - - - - - - ' - - - - - - - - - - - - - - - - - - . . . . . .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
(10 rt Title) .
TOWN PARKS , TRAILS , AND OTHER RECREATIONAL PUBLIC
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
USE FACILITIES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - - ----- - -
-
- - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -
Town Board - - - - - - --- - -
_ _ __ _ _ _
Be it enacted by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -
of the
ftV n e oJLe{ialative Bolyl
XK%H& X
XKYX Ithaca - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows :
Town
XNN X
( Attached pages 1 - 7 )
(if additional space is needed , attach pages the same size as this sheet , and number each .)
DOS -239 (Rev. 11 /99) / 11
TOWN OF ITHACA
LOCAL LAW NO . 4 OF THE YEAR 2002
A LOCAL LAW AMENDING , RESTATING AND REGULATING THE USE
OF TOWN PARKS , TRAILS , AND OTHER
RECREATIONAL PUBLIC USE FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 : History and Resolution of Inconsistencies
This local law amends and restates Local Laws No . 1 for the Year 1980 and No . I for the
Year 1982 as the same may have been amended from time to time . To the extent there is any
inconsistency between the terms of this local law and the above referenced local laws, the terms of
this local law shall prevail .
Section 2 : Intent
The Town of Ithaca , in order to provide for balanced Town development and to safeguard
and promote the general health and welfare of the community , has established a variety of park areas ,
trails and facilities . Such park areas , trails and facilities vary greatly in size , development , and
appropriateness of various activities . To enhance and promote the safety and enjoyment of each
individual in the use of Town of Ithaca parks , trails , and facilities , and to assure each individual
equal opportunity in the use and enjoyment of such facilities , the rules and regulations of this local
law are established to govern the conduct of the public with respect thereto .
Section 3 : General Regulations
1 ) No persons shall use any Town of Ithaca park facilities or trail facilities during the period
commencing one - half hour after sunset and ending one- half hour prior to sunrise .
Notwithstanding the foregoing , the Town Board , the Town Highway Superintendent , or the
Town Parks Maintenance Manager may prohibit use of any park or trail facility at any time ,
or close a park or trail at any time , for purposes of repairs , or for safety during certain
seasons of the year, or at any other- time when reasonably necessary for the safety of the
public , the users , or the community . Notices of closing at hours other than the normally
closed hours , except in an emergency , shall be posted conspicuously on or about the park or
trail facility .
2j All users of the park and trails will behave in a reasonable and responsible manner at all
times and will take due account of the presence of other persons using the facilities .
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3 ) Any person having custody or control of a minor will be responsible for ensuring that such
minor complies with the rules and regulations of this law .
4 ) Minors under six ( 6 ) years of age shall at all times be under the supervision and control of a
parent , guardian , or responsible adult .
5 ) Domesticated household pets are allowed on Town of Ithaca parks or trails provided that the
pet shall at all times be caged or restrained by a leash or other device . Animals shall at all
times be under the supervision and control of the owner or person having custody of the
animal . Owners shall use their best efforts to prevent animals from defecating or urinating
on Town park facilities or trails , and shall clean up any feces or other bodily materials
emanating from such animal .
6) Field games may be played and field game equipment may be used only in areas developed
and designated as playing fields .
7 ) Picnics are permitted only in designated picnic areas .
Section 4 : Regulations Applying Particularly To Trails
The following rules shall apply to the use of Town trails :
1 ) The trails shall be used only for bicycle traffic and pedestrian traffic either on foot or with
snow shoes or with cross-country skis with cross-country type bindings , and for no other
purposes except as otherwise specifically authorized by this local law . For purposes of this
local law , bicycles shall be defined as every devise propelled by the feet acting upon pedals
and having wheels any two of which are more than 14 inches in diameter. Specifically
excluded from the definition of bicycles shall be any device which is (or may be) motorized
notwithstanding the fact that it may also be propelled by feet acting upon pedals .
Notwithstanding the foregoing , wheel chairs , including motorized wheel chairs , may be used
by persons who suffer from a disability that requires the use of a wheel chair to move about .
2 ) The trails shall be used only for continuous travel and passage . Without limiting the
foregoing , the following acts are prohibited on the trails : loitering , picnicking , littering , or
otherwise depositing or dropping objects on the trail , the tossing of balls or other objects ,
playing games or other recreational use .
3 ) Both bicycle and pedestrian traffic shall keep to the right of the center of the trail and travel
in a single file when passing on -coming traffic . Upon overtaking another bicycle or
pedestrian , bicyclists shall signal and proceed to pass with due care . Pedestrians shall yield
to bicycles .
4 ) On those trails where horseback riding is permitted , horses shall travel in a single file and
keep to the right of the center of the trail when passing on -coming traffic . Upon overtaking
horses . bicyclists shall signal and proceed to pass with due care , minimizing the startling of
the horses . Horses overtaking pedestrians shall be walked pass any pedestrians . Bicyclists
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and pedestrians shall yield to horses . Horses shall be under control of the rider at all times .
5 ) No bicycle should be used to carry more persons at one time than the number for which it is
designated and equipped .
6) Whenever a trail intersects a street , highway , walkway or other thoroughfare, traffic on the
trail shall come to a complete halt before proceeding to cross said thoroughfares . Bicyclists
and pedestrians shall observe all other applicable state and local laws , rules and regulations
relating to the crossing of any thoroughfare and the use thereof.
Section 5 : Prohibited Activities
No person shall in a Town park , on a Town trail , or in or on any other Town recreational
facility :
1 ) Cause any rubbish , garbage , refuse , organic or inorganic waste , or other offensive matter or
any abandoned property or material to be left in or on any such Town park or trail facility .
2 ) Make an excavation or injure , destroy , deface , remove , fill in , tamper with , or cut any real or
personal property , tree or other plant life , or otherwise alter in any way the condition and
appearance of any park or trail property , real or personal , except for the picking of edible
berries and except as may be otherwise allowed by this law .
3 ) Operate any motor vehicle including minibikes , trail bikes , and mopeds outside of designated
parking areas and road ways ; no person shall operate a snowmobile on Town park or trail
property .
4 ) Ride a bicycle or other wheeled device in a park facility except on a road , designated parking
area , or a designated bikeway .
5 ) Introduce , possess , discharge or use rifles , guns , revolvers , or other firearms or weapons ,
fireworks , explosives , traps , archery equipment , or any other dangerous instrument , or any
instrument , weapon , or ammunition the propelling force of which is a spring , rubber, gas , or
air, or any other dangerous force .
6 ) Commit any act which may result in injury to any person or damage to real or personal
property or create a hazardous condition .
7 ) Engage in or encourage fighting or violent or threatening behavior.
8 ) Make any unreasonable noise , including the making of unreasonable noise with the use of
any device capable of amplifying sound such as musical instruments , radios , tape cassette
players , loud speakers , CD players , and public address systems .
9) Engage in camping .
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10) Make or maintain a fire other than in cooking grills erected and maintained by the Town for
cooking purposes , but if there is no such equipment available , a person may make a fire in a
gill or fire containment equipment made of metal but only in picnic areas , with all such
fires to be completely extinguished after use . Notwithstanding the foregoing . the Town
Highway Superintendent or the Town Parks Maintenance Manager may prohibit the making
of a fire at any time .
1 l ) Throw away or discard any lighted match , cigar, cigarette , charcoal , or any other burning.
object .
12) Distribute leaflets or other printed or written material .
13) Advertise , promote , or conduct a commercial event or enterprise .
14 ) Swim in Cayuga Lake at any park which has access to Cayuga Lake .
15 ) Ride horses in any park or on any trail except the South Hill Recreation Way and the Game
Farm section ( from Maple Avenue to Game Farm Road ) of the East Ithaca Recreation Way .
Section 6 : Activities Requiring a Permit
The following activities may be engaged in only when undertaken pursuant to a written
permit issued by the Town Board of the Town of Ithaca or its designated agent , and in accordance
with the terms thereof and any other conditions contained in this Law :
1 ) The conducting of a picnic or other event by a group or organization in excess of 50 persons .
? ) Any event by a group of more than five people at which alcoholic beverages are being
possessed or consumed .
3 ) Other special events which the Town Board of the Town of Ithaca may , by resolution , permit
that are not otherwise covered by this local law .
Notwithstanding the foregoing , no permit shall be required if the event is sponsored by an
organization providing recreational services for the benefit of the Town of Ithaca pursuant to a
contract with the Town or its authorized representative .
Section 7 : Permit Issuance
The permit referred to in Section 6 shall be issued by the Town Clerk in accordance with the
following :
1 j At least 48 hours in advance of the operation of the permit , such permit application should he
filed with the Town Clerk of the Town of Ithaca between the hours of 8 : 30 a . m . and 4 : 00
p . m . on Mondays through Fridays , except legal holidays . The Town Clerk may at the Town
4
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Clerk ' s discretion waive the requirement that the application be applied for 48 hours in
advance .
2 ) Permits shall be issued on a first come - first served basis except if there is a conflict with an
event of an organization contracting with or on behalf of the Town for the provision of
recreational services , in which situation the event by the contracting organization shall take
precedence .
3 ) Any permit may be revoked for good cause shown or as the Town Board of the Town of
Ithaca or its designated agent in the reasonable exercise of its discretion may determine ,
which action shall be final . In the case of such revocation , all monies paid for or on account
thereof shall , at the option of the Town Board of the Town of Ithaca, be forfeited to and
retained by the Town .
4 ) Neither the forfeiture and retention of any such money by the Town nor the recovery or
collection of any damages or both shall preclude the prosecution of any person fora violation
of a rule or regulation of the Town of Ithaca or the violation of any other local or state law ,
ordinance , rule or regulation .
5 ) The provisions of this section are not exclusive , but additional requirements may be
reasonably added with respect to any specific application at the discretion of the Town Board
of the Town of Ithaca or its designated agent .
6 ) Notwithstandina the foregoing , arrangements for use of the Coddinaton Road play Field are
to be made through the Coddington Road Community Center. Town permit applications for
use of this play field shall be obtained from the Center and the Center shall indicate by
signature of its designated agent on the permit application if such use is an activity of the
Center. Use of the play field which is sponsored by the Center shall be exempt from the fee
and security deposit requirements described in this local law or other Town local law and
Ordinances .
7 ) A permit may be denied by the Town Clerk to a group or organization that in the past failed
to comply with the provisions of this local law . Any denial may be appealed to the Town
Board , provided the appeal is filed in writing with the Town Clerk no more than thirty days
after the denial .
Section 8 : Fees , Security Deposits . Insurance , Damages and Other Requirements
The following fees are established for the purposes of utilizing the parks ortrails of theTown
of Ithaca pursuant to this local law .
Fees :
Activities reasonably expected to directly or indirectly involve the following number of
persons and requiring a permit shall have the following fees :
5
l inrn I'.'rrA: - . 1 rune liq; • 200/. ./( Y! Ah:u :r I I TSO: khj% . I /rur'h 1/. 2002 8:!,1'. I . I /
5 -49 persons $ 5 . 00
50- 100 persons $ 25 . 00
101 or more $ 50 . 00
Security Deposits :
1 ) Groups of 25 to 100 persons - a security deposit of $50 is required .
2 ) Groups of over 100 persons - a security deposit of $ 100 is required .
3 ) The security deposit shall be returned to the group after the event provided there has been no
damage to , or littering of, any of the facilities utilized by the group .
Insurance :
1 ) Groups of 25 to 100 persons - special event coverage for events beyond general Town
coverage with Town named as additional insured .
2 ) Groups of over 100 persons - special event coverage as in 1 ) plus $ 1 ,000 ,000 excess liability
with the Town named as additional insured .
Damages :
Any damages or littering clean -up costs not covered by a security deposit and/or insurance proceeds
shall be payable by the group to the Town within 10 days of mailing to the person who signed the
permit application of a statement of the damages and/or clean -up costs and the amounts remaining to
be paid .
Other Requirements :
4 ) In the case of events which are of more than two hours duration , the permit applicant shall
furnish at his own cost and expense portable toilet facilities sufficient for the size of the user
group , where toilet facilities are not already available .
5 ) Written notification of cancellation of event shall be made no later than 48 hours prior to the
event date to the Town Clerk ' s Office . If cancellation is timely made , a refund of the permit
fee shall be issued within 30 days after the cancellation date .
Section 9 : Variance
The Town Board may , upon application and upon good cause shown . grant variances from
the requirements of this local, law including authorization of events that would otherwise be
prohibited herein . Good cause shall include , but not be limited to , circumstances where the benefit
6
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to the Town for the proposed event or variance outweighs the detriment to the community and
applicant that would result from the strict enforcement of the terms of this local law. In granting
such variance , the Town Board may impose such reasonable conditions and restrictions as are
directly related to and incidental to the proposed use of the park or trail . Such conditions shall be
consistent with the spirit and intent of this local law and shall be imposed for the purpose of
minimizing any adverse impact such variance may have on the neighborhood or community .
Section 10: Penalties
Any violation of this local law shall be deemed a "violation " as the same is defined in
Section 10 of the Penal Law of the State of New York .
Anyone found guilty of a violation of this local law may be fined up to $ 250. 00 for such
violation or sentenced to a term of imprisonment not to exceed fifteen days .
Section 11 : Validit
If any part , section , subdivision , paragraph or provision of this local law shall be determined
to be invalid , such determination shall apply to the particular part , section , subdivision , paragraph or
provision , and all other provisions of this local law shall remain valid and in effect .
Section 12 : Enforcement
The Director of Building and Zoning of the Town of Ithaca, and such person ' s deputies , are
hereby designated by the Town Board of the Town of Ithaca as agents for enforcing this law . Such
agents are authorized to issue and serve appearance tickets for violations of this law as provided for
by Town of Ithaca Local Law No . 1 - 1979 , or any amendment thereof.
This local law may also be enforced by any police officer authorized to act within the Town
of Ithaca , Tompkins County , New York .
Section 13 : Effective Date
This local law shall take effect immediately .
7
(Complete the certification in the paragraph that applies to the tiling of this local law and
strike out that which is not applicable.)
1 . (Final adoption by local legislative body only.)
I hereby certify that the local law .annexed hereto, designated as local law No - - - - - - - - - - 4- - - - - - - - - - - ---- - - -
- - - - - - - - - - - - - - - ---- - - - of 20. 02_
Ithaca was duly passed b the
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ofthe ( �� )(Town)� ) of - - -� - - - - - - - - - - - - - - - - - - - - - - -. - - - YP Y
Town Board_ _ __ _ _ _ _ .- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ ��Iar : _ _ 11 _ 20 �� , in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - of 20- - - _ _ _
of the (County)(City)(Town)(Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
- - - - - - - - - - - - - -
_ _ _ _ _ _ _ - - - - - - - -- - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 _ _ _ , and was (approved)(not approved) (repassed after
(Name of Legislative Body)
disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on . .. . . . . . . . ... . .
_ _ _
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum .)
I hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- of 20- - - - - -
of the (County)(City )(Town) (ViIIage) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ _ _ _ _ - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after
(Name ofLegirlative Body)
disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- on- - - - - - 20- - - - - Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special)(annua1) election held on - - - - - - - - - - - - - - - - - - 20 ___ , in
accordance with the applicable provisions of law.
4. ( Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ . . . . . . . . . . . . . . _ - - - - - - - _ _ _ _ _ of 20_ _ _ _ _ _
of the ( County)(City)(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - _ - - - - - - - - - - - - - _ 20_ _ _ _ , and was ( approved) (not approved)(repassed after
(Name of Legislative Body)
disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - - - . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ - - - - - - - - - - - - - - - 20L _ _ _ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances' .
( 2)
S . ( City local law concerning Charter revision proposed by petition .)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - _ of 20_ _ _
of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (specia ] )(general) election held on _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ 20 _ _ _
became operative .
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - __ _ _ _ _ _ _ _ _ . . . . . . . . . . . of 20_ _ _ _ _ _
of the County of - - - - - - -- - - _ - - - - - - - - _ _ _ _ _ _ _ _ _ - - - - _ - - - _ - - - - - - - - - - _ _ _ _ _ _ State of New York , having been submitted to the electors
at the General Election of November - - - - - - _ _ - - - - - - - - - - - - - - 20- - . . , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit.
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative .
of any other authorized form of final adoption has been followed , please provide an appropriate certification .)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner in-
dicated in paragraph- _ 2- - - - - - - above .
Clerk of the County legislative body , City, Town or Village Clerk
or officer designated by local legislative body
7
(Sea 1) Da to :
(Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF
1, the undersigned , hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexe er eto .
Signature
Title
•C-avmy {j
p f
Town
V+l•l"e
Date :
(3 )
Presentation Clutline 3111102 Attachment #9
Introductions
Joan Jurkowich , Deputy Commissioner, Tompkins County Planning Department
Tom Mank, Planning Analyst, Tompkins County Planning Department
Rick Manning , Trowbridge and Wolf, Northeast Greenways
Tom Niederkorn , Planning and Environmental Research Consultants
Background
The Waterfront Study completed in 1997 recommended the preparation of an LWRP,
which provides access to state waterfront project funds and also provides additional
leverage for communities seeking other state and federal funding .
The Cayuga Lake Waterfront Plan is the result of a joint effort of the City of Ithaca, the
Towns of Ithaca, Lansing and Ulysses , the Villages of Cayuga Heights and Lansing, and
Tompkins County. The result is a plan which looks at the entirety of the Cayuga Lake
waterfront in the County .
Funding for the preparation of the plan was provided by the NYS Department of State,
which awarded funds to the City of Ithaca on behalf of all the waterfront municipalities .
Match funds were provided by the City of Ithaca, the Town of Ithaca, and Tompkins
County .
Purpose of Presentation
The purpose of my presentation tonight is to highlight some of the contents of the LWRP
and ask you for your feedback on this draft . We have scheduled presentation with each
of the waterfront: municipalities . In addition , we will be holding a public meeting on the
draft LWRP on March 16 at 10 AM at the Women ' s Community Building. Following
this , we will finalize the contents of the LWRP .
We will then be back before you , probably in a couple of months , to present the finalized
LWRP for your adoption . Following adoption of the LWRP by each of the waterfront
municipalities , it will be submitted to the Department of State. The Department of State
will circulate the LWRP among state agencies for their comments . Upon adoption of the
LWRP by the Department of State, the LWRP will be ` official . '
This means ( 1 ) state actions within the waterfront area will need to be consistent with the
LWRP, and (2) waterfront municipalities are eligible for LWRP project grant funds . The
City of Oswego , which adopted its LWRP in the mid- 80 ' s , has transformed their
waterfront and the LWRP has been directly responsible for a significant share of the
public funding of those efforts . Over the past 15 years , the City has received, on average,
between $ 100,000 and $ 300,000 annually from competitive waterfront grants . Adopting
the LWRP essentially creates a cooperative venture among the waterfront communities ,
the State government, and the Federal government .
Projects and Programs
This LWRP contains an inventory of
— natural , historic and scenic resources ;
— land use and ownership ;
— zoning ;
— public utilities ; and
— recreation and tourism resources and facilities .
Based on these inventories and discussions held at focus groups and public meetings , six
priorities were identified for further study in the LWRP :
— Waterfront public access
— Waterfront trail development
— Waterfront park enhancements
— Noise control and boating regulations
— Dredging
— City of Ithaca waterfront redevelopment
The LWRP recommends over 20 projects and initiatives , some of which are county-wide ,
others specific to individual municipalities . As you can see from the list, many of these
projects are already underway, examples include
Redevelopment of Inlet Island
Cayuga Waterfront Trail and Inlet Island Promenade
Relocation of the NYSDOT maintenance facility
Other projects are more long-term in nature , and will require continued effort on the part
of waterfront communities in the future .
TOWN OF ITHACA
Zoning and Consistency Review
Rather than focusing on these projects , I' d like to talk about some of the other
recommendations of the LWRP . I' d like to bring two items to your attention .
Zoning
First, as part of the preparation of the LWRP, we did review the proposed zoning
regulations which are being considered by the Town . The LWRP does recommend
putting into place the regulations you have prepared for the waterfront area.
The final draft of the LWRP will include the draft language you are proposing for the
updated zoning ordinance, at least as it applies to the waterfront area.
Consistency Review
The second. recommendation I' d like to bring to your attention is the proposal for
consistency review for future projects . In essence, the state requires that within the
defined waterfront area, local municipalities establish a process to ensure that the LWRP
is consulted . While the draft plan has recommended one process , others are available , and
I want to mention them .
The recommended process has each municipality ' s planning board (or equivalent
organization) make the consistency determination , after providing the other waterfront
municipalities an opportunity to comment on the project ' s consistency. While this
process is relatively cumbersome , it does leave the ultimate decision within each local
municipality .
Another option would be to parallel the GML 239 process , which would have each
municipality forward projects in the waterfront area to the County Planning Department
for the consistency determination . This process already exists , but leaves the consistency
determination in the hands of the County Commissioner of Planning , not in the hands of
the local governments .
A third option would be to establish a waterfront committee , with representatives from
each of the waterfront partners, to make the consistency determination . A new committee
would need to be formally established and staffed , but this would probably provide for
better exchange of information about proposed projects among the municipalities .
The draft LWRP you have recommends the first option , but part of the purpose of these
presentations is to get feedback for municipal leaders on the option that would work best
for them .
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Attachment # 12 3 / 11 / 02 agenda 3 4
rrc) Trz CLERK ' S MONTY3LY REPORT
TOWN OF ITHACA , NEW YORK FEBRUARY , 2002
TO THE SUPERVISOR : PAGE 1
• Pursuant to Section 27 . Subd 1 of the Town Law . I hereby make the followinq statement of all fees and moneys received by me
in connection with my office during the month stated above , exceptinq only such fees and monevs the application and payment
of which are otherwise provi. ded for by law ;
2001 SPORTING LICENSES
2002 SPORTING LICENSES
MARRIAGE LICENSES NO . 02002 TO 02002 8 . 75
AGRICULTURE REPORT
COPY AERIAL PHOTOS
MISC . COPIES 91 . 30
COMPREHENSIVE PLAN
DRAFT ZO MAPS ( PER MAP )
DRAFT ZO MAP SET
DRAFT ZO
DRAFT ZO PACKAGE
ENVIRONMENTAL REVIEW
EXECUTIVE SUMMARY ZO
MARRIAGE TRANSCRIPT
NOISE ORDINANCE
RETURNED CHECK — CLERK
__5.._.. RETURNED CHECK — TAXES 30 . 00
RETURNED CHECK — W& S
OPEN SPACE REPORT 1984
OPEN SPACE REPORT 1997
POSTAGE
SIGN ORDINANCE 3 . 00
• SIX MILE CREEK REPORT
SUBDIVISION REGULATIONS
_. _ 22__ TAX SEARCH 110400
USE OF PARKS & BLDG
WETLAND GUIDELINES
WATER & SEWER SEARCH
__ -_- ZONING MAP
ZONING ORDINANCE 8 . 50
ZONING ORDINANCE DRAFT 15 . 00
A1255 TOTAL TOWN CLERK FEES 266155
A1555 75 ENUMERATION 75900
A1556 1 SPCA CONTRACT 382 . 12
A1557 1 SPCA IMPOUND FEES
_... .----... _ .3 x_•..,0.0
A2389 VOTING MACHINE FEE
A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
BINGO FEES 13 . 54
A2540 TOTAL A2540 13 . 54
A2544 75 DOG LICENSES 150000
A2701 REFUND PRIOR YEAR EXPENS
day of 20
TOWN IIbl&fNibl3c 'I HOMY REPORT
FEBRUARY . 2002
PAGE 2
5 BUILDING PERMIT 260 . 00
2 BUILDING PERMIT EXTENSIN 50 . 00
FOUNDATION PERMITS
2 CERTIFICATE OF OCCUPANCY 100000
TEMP . CERT , OF OCCUPANCY 10910 . 00
USE PERMITS
OPERATING PERMITS 150 . 00
11 FIRE SAFETY INSPECTIONS 437950
SIGN PERMITS
1 ZBA AREA & USE VARIANCES 80 . 00
ZBA ADDITIONAL MTG . FEE
2 _ ZBA SPECIAL APPROVALS 200 . 00
ZONING SIGN APPROVALS
B2110 TOTAL B2110
SUBDV , REV . INITIAL APL .
1 SUBDV . REV . PRELIM . PLAT 70 . 00
2 SUBDV . REV , FINAL PLAT 150 . 00
SBDV , REV . PLAN REAFFIRM
_ SITE PLAN INIT . APL . FEE
SITE PLAN PRELIM , PLAN
1 SITE PLAN FINAL PLAN 100000
ADD , MTG . FEE AGENDA PRO
ASS . MTG . FEE P . H . PROCE
41
B2115 TOTAL B2115 ___ _.____ 320.- 9 _0___ .
Paid to Supervisor for General Fund _._.—_-.9. 7 0 21_
Paid to Supervisor for Part Town __ . ._3 ,. 507 , 50
Paid to County Treasurer for Dog Licenses _._..--.._._ 124488
Paid to Aq & Markets for Doa Licenses ___ 33 . 00
Paid to NYS Health Department for Marriaqe Licenses __- - ___ _11 _. 2. 5
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Binao Licenses
Total Disbursements 40593984
MARCH 40 2002 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 iV'- reaeina is a full and true statement of all Fees and t4one *{ s received by her during the month above stated ,
erC �ntrna only° such E' ees the application and payment of which are otherwise providad•, for by
Subscribed and sworn to before me this ----�-" -� .— - .'•---U � — - - -- --
Town Clerk
Town of Ithaca Town Board, March 11, 2002
Highway Department Report
• for February 2002
General
During February the Highway Department conducted annual safety training. This was
a one-day training to help fulfill PESH requirements and remind employees of safety
hazards and prevention of accidents . We also conducted the Town' s annual hearing
tests for the Highway employees .
Public Works Fac ft
The Public Works Committee reviewed the proposed cost estimates for the construction
of the new Public Works Facility . They were higher than we had hoped for. The
Highway Department has worked with Hascup and Lorenzini to revise the scope of the
project with proposed changes to the cost estimates . They, along with a presentation,
will be brought to the Board meeting on March 11, 2002.
Parks and Trails
During February we worked on snow and ice removal on the trails and at Town Hall .
Maps were installed on Game Farm Road at the entrance to the East Ithaca Recreation
Way. Bumper stops were installed at the parking area and basketball court at Eastern
Heights Park. Other projects worked on were cleaning out the blue bird boxes (some of
which delineate NAThere sewer manholes are throughout the Town), beginning park play
structure inspections, and park and trail maintenance.
Roads
Snow and ice removal has not involved as much of our efforts this year. We did get our
salt mixer working after some trial and error. We have had only about 10" of snow so
far this winter .
Other projects completed include : hauling material for construction projects, putting
up signs on roads throughout the Town, repairing/ patching pot holes in the roads,
putting shoulders down, leveling dirt on Hanshaw Road, and tree and brush removal .
The Town of Ithaca has been working with and supporting Cayuga Heights with
several projects . We need to monitor this closely .
The Highway crews continued working on surveying and preparing as-built drawings
for projects within the Town including designs for Winthrop Drive and Renwick Drive .
The Maintenance Worker continues to work on projects at Town Hall, the Public Works
Facility, and Water and Sewer pump stations throughout the Town.
Water and Sewer
There were no water breaks in February — knock on wood ! !
Other water work included performing several confined space entries, replacing four
fire hydrants, and checking and repairing valve boxes . We installed an above ground
building for the telemetry (reducing the amount of confined spaces in the Town) at the
Northview Water Tank.
During February the Highway crews cleaned out several sewer lines in the West Hill
area. We also designed the sewer extension for 260 Elm Street Ext.
Projects for March
1 . Parks and trail maintenance .
21 Water and sewer maintenance .
3 . Snow removal, as needed.
4 . Continue working on Public Works Facility design.
5 . Catch basin cleaning and repairs .
6. Tree and brush removal .
7. Hauling of stone for 2002 projects .
8 . Building bird nesting boxes .
9 . Culvert installation.
10 . Installation of a garbage can at the East Shore Park pavilion.
11 . Install permanent fence at horse pasture section of Maple Avenue ,
12. Replace baseball backstop at Coddington Road playfield .
ghk
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Planning Director' s Report for March 11 , 2002 Town Board Meeting
• DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board.
February 5 , 2002 Meeting :
Paley/Greenspun ;Subdivision, Bostwick Road: The Planning Board considered a Sketch Plan
for the proposed four lot subdivision on Bostwick Road, Town of Ithaca Tax Parcel No ' s. 32-2-
3 . 2 and 32-2-3 .4, Agricultural District. The proposed subdivision will create an approximately
+/- 7 acre parcel . The parcel will be created by subdividing approximately 2 acres from Tax
Parcel No. 32-2-3 .4 and 4. 8 acres from 32-2-3 . 2 . The parcels will then be consolidated to create
an approximately +/-7 acre parcel . Barbara Gizewski, R. Greenspun and T. Greenspun, Owners
(Tax Parcel 32-2-3 .4) ; Claire and Warren Paley, Owners (Tax Parcel 32-2-3 .2) ; Tom Greenspun,
Applicant.
Discussion Regarding Forest Home Traffic Calming Study : The Planning Board heard a brief
presentation of the Forest Home Traffic Calming Study from Forest Home representatives, and
then briefly discussed the study recommendations .
Discussion Regarding Draft Revised Zoning Ordinance and Map: The Planning Board
continued its discussion regarding the draft revised Zoning Ordinance and Map that had been
distributed by the Codes and Ordinances Committee.
February 19, 2002 Meeting:
Mackenzie 2-Lot Subdivision, Valley Road and Elm Street Extension : The Planning Board
granted Preliminary and Final Subdivision Approval for the proposed two lot subdivision at the
corner of Elm Street Extension and Valley View Road, Town of Ithaca Tax Parcel No. 29-3 -3 .2,
Residence District R- 15 . The proposal is to subdivide the 1 . 81 +/- acre parcel into a 0. 93 +/-
acre parcel and a 0. 88 : +/- acre parcel . D. Rob and Margaret Mackenzie, Owner/Applicant;
Martin A. Shapiro, Esq. , Agent.
Quick Cash Auction House, 635 Elmira Road : The Planning Board considered a Sketch Plan
for the proposed modifications to the Quick Cash Auction House at 635 Elmira Road, Town of
Ithaca Tax Parcel No. 35- 1 -21 , Business District "C" . The proposed modifications include
renovations of a portion of the existing building for a retail shop, beauty salon, or offices, placing
four storage trailers on the rear of the site, and placing two display carts in the parking area near
the road. Randy Hall, Owner/Applicant.
Linderman Creek Apartments —Phase 2, Conifer Drive off Mecklenburg Road: The
Planning Board had a Preliminary discussion relating to the environmental review for the
proposed Subdivision Approval , Site Plan Approval, and Recommendation to the Town Board
on the Rezoning of +1- 15 acres from Residential R- 15 to Multiple Residence MR, for the
proposed Linderman Creek Apartments Phase II development located on Conifer Drive (a
private drive) , just off Mecklenburg Road, Town of Ithaca Tax Parcel No ' s . 27- 1 - 13 : 12 and 27 -
1 - 13 . 16, Residence District R- 15 . The proposal includes 96 apartment units (72 units to be built
initially, 24 units to be constructed in a later phase) in twelve buildings on 14 +/- acres of a 45
+/- acre parcel . The proposal also includes a community building, access drives, parking,
sidewalks, landscaping, and a recreation area including a pavilion, basketball court, and play
structures . A bus stop and bus turnaround area is proposed for the northern end of Conifer
Drive. The proposed development would consist of affordable housing units with 36 of the units
being handicapped accessible or handicapped adaptable. The applicant is also requesting to
subdivide a +/-2 acre parcel from Tax Parcel No. 27- 1 - 13 . 16 in order to consolidate it with the
adjoining 43 -acre parcel (Tax Parcel No. 27- 1 - 13 . 12) . An additional +/- 30 acres will remain
undeveloped, but will be retained by Confer Realty for possible future residential expansion.
Estate of Anthony Ceracche, Owner (Tax Parcel No. 27- 1 - 13 . 16) , and Home Properties of New
York, Owner (Tax Parcel No. 27- 1 - 13 . 16) ; Conifer Reality, LLC, Applicant; John Fennessey,
Agent.
Town of Ithaca Public Works Facility, 106 Seven Mile Drive : The Planning Board considered
a Sketch Plan for the proposed expansion and renovation of the Town of Ithaca public works
facility located at 106 Seven Mile Drive, Town of Ithaca Tax Parcel No. 33-2-6. 1 , Residence
District R-30. The proposal includes the renovation of +/- 10,900 square feet of existing space
and the addition of +/- 16,000 square feet of new space to include new . offices, breakroom,
conference room, maintenance bay, wash bay, and storage space, and modifications of the
existing parking area. Town of Ithaca, Owner/Applicant.
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following are accomplishments or issues that have been dealt with over the past month.
SEOR Reviews for Zoning Board:oard: No new SEQR reviews for the Zoning Board were done since
the February report, since the February 25`h ZBA meeting was cancelled.
Codes and Ordinances Committee: The Committee met on February 26, 2002. Discussion
focused on comments received from other boards and committees regarding the revised draft of
the Zoning Ordinance and map. In order to complete this review, a special meeting was
scheduled for Wednesday, March 13 , 2002 . The regular meeting in March will also be held on
March 20, 2002 .
Transportation Committee : The Committee met on February 7 , 2002 , and had further discussions
regarding the Route 366 Bridge project and lighting of the pedestrian/bicycle path, the Thurston
Avenue Bridge study, possible work items for a summer intern , and the townwide Transportation
Plan. . The next meeting, scheduled for Thursday, April 4, 2002 , will focus on elements of the
Transportation Plan.
Route 366 Bridge. Project: As a follow-up to the discussion at the February 11 `h Town Board
meeting, Planning staff sent a letter to the NYS Dept. of Transportation (DOT) requesting that
they consider adding lighting of the pedestrian/bicycle pathway in the Route 366 Bridge over
2
Cascadilla Creek project. We received a response from NYSDOT (refer to letter dated Feb . 20,
2002 under "Correspondence") indicating that the State cannot pay for lighting for a non-
highway purpose, and outlined several options for the Town to pursue if it wants to include
lighting . of the pathway. NYSDOT also sent final plans for the bridge project (available for
inspection in the Planning Department) .
Newsletter: Most newsletter articles have been submitted, and the Newsletter is being formatted
for printing. Mailing is scheduled for approx . April 1 , 20020
Public Works Facility Expansion : Planning staff has been working with the Highway and
Engineering Departments on environmental and site plan details that need to be assembled for
the Town Board and Planning Board,
ITCTC Planning Committee : The Ithaca-Tompkins County Transportation Council Planning
Committee met on February 19, 2002 . Agenda items included the proposed budget and work
program for ITCTC staff for the upcoming year, the transportation enhancement grant program
(TEA-21 ) , the NESTS Transit Study (which is now underway and a public telephone survey has
been completed) , the County Freight Study, and the County' s Vital Communities Initiative. The
next Planning Commttee meeting is tentatively scheduled for April 23 , 20026
Conservation Board: The Conservation Board met on February 7 , 2002 and is meeting on March
7 , 2002. At the February 7`h. meeting, the Conservation Board reviewed Local Law No. 4 of
1993 regarding Conservation Board membership, policies and procedures . Based on discussions
with the Town Board, the Conservation Board forwarded recommended revisions in Local Law
No. 4 of 1993 to the Codes and Ordinances Committee for their consideration. The
Conservation Board also completed its review of the proposed revised Zoning Ordinance and
Map and forwarded its comments to the Codes and Ordinances Committee. At its March 7`h
meeting, the Conservation Board is initiating a Town Board/Conservation Board Information
Exchange with Mary Russell attending. There will also be an update by City of Ithaca
representatives regarding the Six Mile Creek Riparian Buffer Partnership.
3
w i
Agenda #30e.
TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF FEBRUARY 2002
MONTH YEAR TO DATE
OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT
SLVGLE FAMILY 2002 1 98,000 1 98,000
RESIDENCES 2001 1 238,000 2 3649944
2002 0 0 0 0
TWO FAMILY RESIDENCES 2001 0 0 0 0
2002 1 19,250 3 457850
RENOVATIONS 2001 2 21 ,000 4 43,651
2002 1 4,583 2 34,584
CONVERSIONS OF USE 2001 0 0 0 0
2002 0 0 0 0
ADDITIONS TO 170OTPRINT 2001 1 17,500 1 17,500
2002 0 0 0 0
MULTIPLE RESIDENCES 2001 0 0 0 0
2002 1 Vegan Epicure renovate and modify kitchen 10,000 2 109700
13USINFSS 2001 1 40,000 3 493,000
2002 0 0 0 0
AGRICULTURAL 2001 0 0 0 0
2002 0 0 0 0
INDUSTRIAL 2001 0 0 0 0
2002 0 0 1 2,800,000
VELLIANEOUS AL 2001 I 41 ,000 1 41 ,000
2002 1 Storage mezzanine 300 4 42,400
CONSTRUCTION 2001 0 0 1 10,270
TOTAL NUMBER OF 2002 5 132, 133 13 390319534
PERMITS ISSUED 2001 6 357,500 12 970,365
TOTAL FEES 2002 5 260 13 21865
RECEIVED 2001 6 715 12 11765
Date Prepared : March I . 2002
Dam L. Holford
Building/Zoning Department Secretary
i
February 2002, Page 2
TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 16
131 Christopher Circle - 10' x 17' sunroom.
Palm Road (CU) - new paint and carpenter shop - temporary.
520 Elm Street Extension (NYSEG) - 12' x 12' storage building.
4. 615 Five Mile Drive (Ithaca Airline Limousine) - 40' x 80' storage building.
5 . Danby Road (IC) - modular office building - temporary.
6. Danby Road (IC M lot) - 213 space parking lot.
7. 17 Fairway Drive - new single-family residence.
8. 211 Muriel Street - second floor addition .
9. 958 Mitchell Street - existing two-family home.
10. 385 King Road West - cell telephone equipment - temporary.
11 . 823 Danby Road - 850 square foot outside wood deck.
12. Pleasant Grove Road (CU) - four tennis courts - temporary.
13 . Pleasant Grove Road (CU) - new roadway and parking lot - temporary.
14. 766- 1 Elm Street Extension - renovate room and relocate bathroom.
15. 171 Seven Mile Drive - finish second floor of existing modular (2 bedrooms 1 bathroom).
16. 11 Peachtree Lane - new attached garage.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2002 - 32
TOTAL CERTI FICATES OF OCCUPANCY YEAR TO DATE, 2001 - 34
INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 0
From November 2001 :
1 125 Ridgecrest Road - building code - abated - affidavit signed.
rom March 2001 :
1 . 370 East King Road - building code - abated - affidavit signed.
From December 2000:
1 . 172 Calkins Road - property maintenance - (partially abated) - limited timeframe agreed to for complete abatement.
From May 1995 :
1 . 1 152 Danby Road - zoning and building code - legal action pending.
TOTAL COMPLAINTS INVESTIGA`al) YEAR TO DATE, 2002 - 2
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2001 - 3
TOTAL FIELD VISITS THIS MONTH - 66
Uniform Building Code - 44
Local Law and Zoning Inspections - 8
Fire Safety - 9 (2 senior citizen buildings, 2 restaurants, 2 apartments (6 buildings, 86 units], 2 businesses, 1 hotel)
Fire Safety Reinspections - I (nursing home)
Fire/Emergency Occurrences - 3 (IC dining oven, I dorm electrical, 1 house wood stove)
Fire Occurrence Reinspections - I (bam)
TOTAL FIELD VISITS YEAR TO DATE, 2002 - 179
TOTAL FIELD VISITS YEAR TO DATE, 2001 - 140
TOTAL SIGN PERMITS THIS MONTH - 0
TOTAL SIGN PERMITS YEAR TO DATE, 2002 - 1
OTAL SIGN PERMITS YEAR TO DATE, 2001 - 2
ZONING BOARD OF APPEALS
CANCELLED
TOWN OF ITHACA ZONING BOARD OF APPEALS
CANCELLATION OF FEBRUARY 25, 2002 MEETING
Notice is hereby given that the regular meeting of the Town of Ithaca Zoning Board of Appeals
scheduled for February 25 , 2002 has been cancelled. The next meeting of the Zoning Board of
Appeals is scheduled for March 25 , 2002 .
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : February 15 , 2002
Published : February 20, 2002
0 F I T�
9� TOWN OF ITHACA
215 NORTH TIOGA STREET , ITHACA , N . Y . 14 350
www . town . ithaca. ny.us
Network/Record Specialist
Report for Town Board Meeting
March 11, 2002
Web site :
Installed RealTracker; a free hit counter for non-commercial homepages providing instant, reliable statistics
such as :
■ Tract: hourly, daily, weekly or monthly visits .
■ Find out whether visitors come from search engines or links .
■ Find out what geographical areas they come from.
Feb . Web Site Hits
■ 16 % ❑p Home
❑
® Gov't
45 %
❑ 18 % ❑ Services
❑ Information
❑ 12 % 09 % ■ Community
This counter can help determine where the site ' s traffic is or is not going. Hit information will be available on
this report each month. Feedback from Town Board members is welcome as to form and content of these
statistics .
Network:
Our anti virus vendor, Computer Associates, will perform a remote security assessment of the Town Hall ' s local
area network and firewall . This service will enable IT to better understand our network' s vulnerability to a wide
spectrum of security threats . Computer Associates will perform the assessment remotely and present a report to
us within 48 hours of the scan. The report lists discovered security holes, such as bad configurations, lack of
software patches, and unused or insecure communication services . It includes both an executive-level summary
outlining probabilities and consequences of discovered vulnerabilities and a more technically detailed section
for network and systems administrators .
tespectfully submitted,
isa B . Carrier-Titti
etwork/Record Specialist
Agenda # 3 0
2002 TAX COLLECTION
RECEIVER OF TAXES
MONTHLY REPORT
AS OF FEBRUARY 28 , 2002
TOTAL NO. OF TAX BILLS ON WARRANT : 5111
TOTAL TOWN WARRANT (LEVY) . $ 4036944.00
01 / 18/02 1ST PAYMENT: TOWN OF ITHACA SUPERVISOR $ 11500,000 .00
01/29/02 2ND PAYMENT : TOWN OF ITHACA SUPERVISOR $ 27536 ,944 .00
TOTAL WARRANT COLLECTED BY JANAURY 29TH : $ 490369944.00
MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR:
01/31/02 JANUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11570 . 89
02/28/02 FEBRUARY PENALTIES $ 00 .00
03/31 /02 MARCH PENALTIES $ 00 .00
04/30/02 APRIL PENALTIES AND $2 .00 SERVICE CHARGES $ 00.00
05/31 /02 MAY PENALTIES AND $2 .00 SERVICE CHARGES $ 00 . 00
TOTAL TOMPKINS COUNTY WARRANT : $ 4,633,628.22
02/ 11 /02 1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 3 ,200,000 .00
03/05/02 2ND PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 130 ,000 .00
04/01/02 3RD PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 00 . 00
05/01 /02 4TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 00 . 00
06/01 /02 5TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 00 .00
BALANCE DUE TOMPKINS COUNTY WARRANT . $ 113039628.22
MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE:
02/ 11 /02 FIRST INSTALLMENT SERVICE CHARGES $ 18 ,554 . 83
02/ 14/02 FIRST INSTALLMENT SERVICE CHARGES $ 76 . 89
03/5/02 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11514 .49
03/31/02 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 00 .00
04/30/02 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 00.00
05/31 /02 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 00 .00
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REPORTS
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CASH & CASH EQUIVALENTS
FUND BALANCE
CASH COMPOSITION
ESTIMATED UNRESERVED FUND BALANCE
December 31 , 2002
REVIEW OF BANK COLLATERAL
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TOWN OF ITHACA
FOR THE MONTH ENDING FEBRUARY 28 , 2002
DESCRIPTION AMOUNT
GENERALFUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 50% $ 2 , 125,621
RESERVED CASH
SAVINGS - KENDALL TAX SETTLM'T - 1 .976 % $ 23 , 745
SAVINGS - HIGHWAY BUILDING - 2 .05% 180 , 724 ,
SAVINGS - PARKS & OPEN SPACE - 2 .05% 181 ,690 386 , 160
TOTAL GENERAL FUND CASH $ 2 , 511 , 781
GENT PART TOWN FUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 05% $ 295,211
TOTAL GEN 'L P/T FUND CASH 295 ,211
DEN / REV FUND
UNRESERVED CASH
SAVINGS - OPERATING - 1 .976% $ 13 , 281
TOTAL DEV/REV FUND CASH 13 ,281
Page 5 of 10
Y
TOWN OF ITHACA
fir M �x:.3".��y... """.' "°+r
- , � A t ifi Y t 7'
FrtX W FUND BALANCExr
, nom fl t xf E ; GASH COMPOSITION
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FOR THE MONTH ENDING FEBRUARY 28, 2002
DESCRIPTION AMOUNT
HIIGHWAY FUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 05% $ 720 ,984
RESERVED CASH
SAVINGS - HIGHWAY EQUIPMENT - 1 .976% 51577
TOTAL HIGHWAY FUND CASH 726 ,561
WATER FUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 05% $ 7707796
TOTAL WATER FUND CASH 770, 796
SEWER FUND
UNRESERVED CASH
SAVINGS - OPERAT4ING - 2 . 50% $ 3 , 132 ,258
TOTAL SEWER FUND CASH 39132 ,258
Page 6 of 10
TOWN OF ITHACA
K °yr �d".c"' may-., +res ) '°'--� �--•--. t"-ss—• .v- --+R,�.'S..A` ' 'r��` su-- :�+, . —=—r— s--- � 7—'--�1—* --^",,
FOR THE MONTH ENDING FEBRUARY 28 , . 2002
DESCRIPTION AMOUNT
RISK RETENTION FUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 .05% $ 83 , 528
TOTAL RISK RETENTION FUND CASH 83 , 528
FIRE PROTECTION FUND
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 50% $ 1 , 389 ,447
TOTAL FIRE PROTECTION FUND 1 ,389 ,447
LIGHTING DISTRICT FUNDS
UNRESERVED CASH
SAVINGS - OPERATING - 1 .976% $ 17 , 331
TOTAL LIGHTING DISTRICTS FUND CASH 17 ,331
Page 7 of 10
TOWN OF ITHACA
r � ,�.'�; ,�'T' '-•- 6^- - , .r�^^4r*� s kx.. r-�--�—i -^q"'.�"„�rr— y°��«r'�' �.y'— may. `�#r`""""."x'-..' < t
FUN I? BAL= ANCE
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FOR THE MONTH ENDING FEBRUARY 28 , 2002
DESCRIPTION AMOUNT
CAPITAL PROJECT FUNDS
IACOVELLI NEIGHBORHOOD
PARK
UNRESERVED CASH
SAVINGS - OPERATING - 1 .976% $ 19 ,411
TOTAL PROJECT CASH 19 ,411
WILLIAM & HANNAH PEW
BIKE TRAIL
UNRESERVED CASH
SAVINGS - OPERATING - 2 . 05% $ 68 , 620
TOTAL PROJECT CASH 68 ,620
HANSHAW ROAD SANITARY
SEWER REHABILATION
UNRESERVED CASH
SAVINGS - OPERATING - 1 . 976% $ 23 , 585
TOTAL PROJECT CASH 23 , 585
Page 8 of 10
TOWN OF ITHACA
F UN D f
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AL ANCE '
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CASH -:COMPfO S ITION '
FOR THE MONTH ENDING FEBRUARY 28 , 2002
DESCRIPTION AMOUNT
WEST HILL IMPROVEMENT
OAKWOOD LANE WATER TANK
UNRESERVED CASH
SAVINGS - OPERATING - 1 .976% $ 20 ,015
TOTAL PROJECT CASH 20 , 015
MAPLE AVENUE ROAD
RECONSTRUCTION
UNRESERVED CASH
SAVINGS - OPERATING - 1 .976% $ 15 ,463
TOTAL PROJECT CASH 15 ,463
FIDUCIARY FUNDS
TRUST & AGENCY FUND
UNRESERVED CASH
DISBURSEMENTS CHECKING - 0 . 00% $ 119
PAYROLL CHECKING - 0 . 00% 125 ,876
BAILS & FINES SAVINGS - 1 .976% 14 ,471
SAVINGS LAKE SOURCE COOLING - 1 . 976 % 13 , 936
SAVINGS - NEXTEL SITE LEASE DEPOSIT - 1 .976 % 41200
SAVINGS - CORNEL.L REAL ESTATE - 1 .976 % 20 ,446
TOTAL TRUST FUND CASH 179 ,048
TOTAL CASH ON HAND @2/28/02 $ 9 ,266 ,336
Page 9 of 10
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TOWN OF ITHACA
FOR THE PERIOD ENDING FEBRUARY 28 , 2002
SAVINGS $ 99266,336
INVESTMENTS
TOTAL CASH ON DEPOSIT $ 992669336
FDIC INSURANCE (2009000)
FMV OF COLLATERAL ON DEPOSIT @ 2128/02 ( 12,6749557)
OVER (UNDER) COLLATERALIZED $ 39608 ,221
CASH ASSETS COLLATERALIZED @ FMV 137%
Page 11
Attachment #113 3 / 11 / 02
TOWN OF ITHACA _ 2 �
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : MICHAEL SMITH, ENVIRONENTAL PLANNER ,
DATE : MARCH 4, 2002
RE : PDR — FERGUSON PROPERTY APPRAISAL CONS
Please find material attached relating to the Ferguson Property on Mecklenburg Road for
the Purchase of Development Rights program. In late November, a copy of the appraisal
the Town had done was passed on the Ferguson ' s . They reviewed the appraisal and also
had David Long; of David Long Appraisal Company, review the Town' s Appraisal .
While David agreed on the agricultural land value, he recommended that road frontage
lots not use the agricultural land value, but a higher value for building lots. His summary
of recommendations and a letter from the Ferguson ' s are attached. We have asked
Kenneth Gardner to review the material from David Long and provide some feedback to
Town. He feels that the original appraisal is still appropriate, and his follow up letter and
original cover letter in the appraisal report is also attached.
Using the new approach of valuing the road frontage lots, the agricultural conservation
easement value for the 44 acres would be $ 84, 500, as reported by the Ferguson' s
appraiser. This compares to Kenneth Gardner' s original appraised values of $51 ,000 for
the agricultural conservation easement, a difference of $33 ,500 between the two
methodologies.
1
I ;
FEB 19 2002
f
February 15 , 2002
Mr. Michael Smith
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Dear Michael :
After an extended review of your offer for the purchase of development rights, we offer
the following response :
1 . We remain committed to moving forward with the purchase of development
rights. We believe in goals of the program and feel that our property, the first
farm encountered by people entering Ithaca from the west, will be an excellent
model for the community.
2 . The Northeast appraisal determined a land value of about $ 1 , 500 per acre. We
concur that this is a fair market value for agriculture land. Comparables sales of
other agricultural properties support this value.
3 . The Northeast appraisal concludes (Page 11 ) that the 1485 Mecklenburg property
is unlikely to be subjected to platted subdivision in the near future. While we
would expect that such subdivision might be likely in a longer five to ten year
time frame, we concur with this Northeast assumption.
4. The Northeast appraisal determined that the highest and best use of our property
is highway residential lots (page 11 ) . This is the use currently prevalent along
Sheffield Road and throughout the West Hill area. According to Northeast, such
development on our property would consist of individual lots fronting onto
Sheffield Road. We concur with this finding as does our own independent
reviewer, David Long.
5 . Having made this determination of highest and best use, Northeast did not then
proceed to value the property as residential highway lots, but instead retained
agricultural value for the entire property. This, we contend, is a methodological
flaw of the Northeast appraisal that is inconsistent with the goals and objectives of
the Purchase of Development Rights program .
6 . The Town of Ithaca program was created to acquire and protect farmland that
might be subject to development pressure . Land purchased in large blocks at .
farmland value is typically used for agriculture. Non-agricultural use, as Northeast
Appraisers note, is residential highway lots. The valuation of highway lots is
substantially different from large acreage agricultural parcels. The typical
development scenario has farm owners selling off highway frontage lots and
retaining interior parcels for farming. This scenario changes the visual character
of the district.
7. We contracted with David Long appraisers to conduct a review of the Northeast
appraisal and recommend any modifications, if warranted. Long determined that
the agricultural analysis in the Northeast report did not fairly represent the value
of the potential highway residential lots that could be created along Sheffield
Road. Long has prepared an analysis that could be appended to the Northeast
appraisal that indicates the likely value of the highway acreage. Long has
estimated that ten ( 10) lots in the 200 foot by 300 foot range ( 1 . 37 acres) can be
created along the road frontage. These lots should be valued at the residential
highway lot figure of $ 12,000 per lot. The remaining interior property could
continue; to be valued at the Northeast agricultural value of $ 1 ,500 per acre. Long
has provided appraisal comparables to back-up and support his valuation analysis .
8 . We believe, as does appraiser Davis Long, that this dual valuation approach is a
more accurate portrayal of "development potential" for this and any other
property being considered for the Purchase of Development Rights program.
Without this dual valuation approach, true development potential is not included
in the appraisal.
9 . Based on the David Long analysis, we contend that the development rights value
of 1485 Mecklenburg should be:
Residential highway acreage: $632500
Agricultural acreage : $452000
Total $ 1089500
Conservation Easement Value
(less $24, 000) $84,500
We respectfully request that future development potential be included in the purchase
offer. Based on the Long analysis and the items listed above we are prepared to proceed
to closing .
Please contact us or David Long if we can answer any questions or provide any
additional information. We look forward to enrolling our property in program .
/Sincerely, '`
Lisa andG Fer uson ;'
ary , g
F
W EP
' F E9 1 9 2002
DAVID LONG - IF
APPRAISAL
COMPANY
N C O R P O R A T E D
118 N . Tioga Street
Suite 303
Ithaca, NY 141850
Tel : (607 ) 272 4040
Fax : ( 607 ) 272 -0051
February 11 , 2002
Gary and Lisa :Ferguson
1485 Mecklenburg Road
Ithaca, NY 14850
Dear Gary and Lisa:
As per your request, I have reviewed the appraisal provided to the Town of Ithaca by Northeast
Appraisal Company on about 44 acres of land at the corner of Mecklenburg Road and Sheffield
Road.
Although the report is thorough in its detail I don't believe the report gives adequate credit for the
large amount of road frontage along Sheffield Road . A property with about 2000' of road
frontage could easily be subdivided into 10 building lots and still leave about 30 acres of
agricultural land. The appraisal provided to the town actually indicates the highest and best use is
to sell lots along Sheffield Road. In the sales comparison analysis only $ 100 per acre was given
for the 2000 plus feet of road frontage and no subdivision analysis was used.
In the addenda that follow I have provided a sales comparison analysis to show the lots, which
would be 200 feet by 300 feet or 1 . 37 acres each, would sell for $ 12 ,000 per lot. I believe there
is strong demand for building lots in the Town of Ithaca since current inventories of existing
housing is low. The demand for new construction is increasing and the use of modular
construction is making it faster and cheaper to build a new home .
In the discounted cash flow analysis I have indicated that the lots would take 3 years to sell . I
have used very liberal administrative and sales expenses ; of the $ 120, 000 total income received
$ 38,000 was used for expenses . After discounting the cash flow to the present time the value of
the 14 acres of developable land is $ 63 , 500 .
The remainder of the total of 44 acres is about 30 acres . Using the same sales analysis provided
in the appraisal and eliminating the $ 100 enhancement adjustment for road frontage would
indicate a value of about $ 1500 per acre or an additional $45 ,000 . So as to not landlock this 30
acre parcel it would be necessary to provide a Right of Way over parcel A for potential access.
In summary, the potential of selling the building lots could yield about $63 ,500 and the value of
the remaining land. is $45 ,000 for a total of about $ 108,500. Using this method of valuation the
value before the easement is $ 108, 500. By not changing the value after the easement of $24,000
as per Northeast's appraisal, this would indicate a total value of $84, 500 for the conservation
easement.
W ,Xs,
G
David C. Long
General Certified Appraiser
F L9
DAVID LONG
APPRAISAL
COMPANY
N C 0 R P 0 R A T T D
Sales Comparison Analysis
Item Subject Sale # 1 Sale #2 Sale #3 Sale #4
Address Sheffield Road Trumansburg 10 Albrectsen Cold Springs Iradell Road
Road Road Road
Town/Enfield Town/Ulysses Town/Enfield Town/Ulysses Town/Ulysses
Sale Price $ 12,000 $ 15 ,000 $ 102000 $ 12,500
Sale Date 5/31 /01 1 /4/02 6/29/01 9/6101
Property Rights Conveyed Fee Simple Fee Fee Fee Fee Simple
Simple Simple Simple
Financing N/A N/A Cash Cash Cash
Site - Acres 1 .37 Acres 1 .81 acres -5% 2. 10 acres - 10% 1 .33 acres 2 acres -8%
Location Average Avg/Busy 10% Average Average Average
Utility Average Average Average Average Average .
Services Private W & S Private W & S Private W & S Private W & S Private W & S
Price Per Lot N/A N/A N/A N/A
Net Adjustments 5% - 10% 0%
Adj. Value Per Lot $ 12,600 $ 13 ,500 $ 10,000 $ 11 ,500
All 4 comparable sales are similar building lots located west of Ithaca in the same or similar competing
neighborhoods . After making minimal adjustments the indicated value ranges from $ 10,000 to $ 13 ,500
with 3 of the comparables in the upper limit of the range. The indicated value of $ 12 ,000 per lot is well
supported.
DAVID LONG
APPRAISAL
COMPANY
i h C O R P O R A i E Dil
g aENTIAL SUBDIVISION A14ALYSIS
SS INCOME 2002 2003 2004
ge Lot Sale Price $ 129000 $ 12 ,000 $ 129000
Num ber of Lots Sold 3 3 4
Gross Income $36,000 $36,000 $48 ,000
EXPENSES*
Development Expense" $ 16,500 $ 19500 $2,000
Administrative Expenses - 5% $ 1 , 800 $ 19800 $2,400
Sales Expenses - 10% $3 ,600 $3 ,600 $4 ,800
Total Expenses $219900 $6,900 $91200
Net Income $ 14, 100 $295100 $38 ,800
Present Worth Factor @ 12 .00% 0 . 892857 0.797194 0 .711780
Present Worth of Cash Flow $ 122589 $239198 $27,617
Sum of Net Cash Flows $632405
* Estimated cost to develop the subdivision is $2,000 per lot [surveys,deeds,tests, etc .] Majority of cost incurred in 1st Y:
Percentage estimates for administrative and sales expense are average for the industry.
LFfP
DAVID LONG
APPRAISAL
COMPANY
i N C 0 R P 0 R A f E 0
MAR - 05 - 02 03 : 54 PM P - 01
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6 MANAGEMENT CO. INC.
March 4, 2002
Michael Smith
Environmental Planner
Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
RE : Appraisal of Proposed Agricultural Conservation
Easement - Ferguson Property, Town of Ithaca
Tax Map Parcel #28 = 1 - 1 , 2
Dear Michael ;
I have reviewed correspondence pertaining to the above referenced property that you
provided to me including a letter to you from Lisa and Gary Ferguson dated February 15 ,
2002 as well as a Subdivision Analysis prepared by David Long dated February 11 , 2002 .
1 have several comments concerning the statements and information set forth in these
letters for your consideration . I will first comment on the letter from Mr. and Mrs .
Ferguson .
It is my opinion that as of the date of valuation the market value of the subject property
was approximately $ 1 , 700/Acre . This conclusion is not the "fair market value for
agricultural land " as indicated in Paragraph #2 of the Ferguson letter. The value of
$ 1 , 700/Acre includes the development potential of the subject property . The agricultural
value of the property is reflected by the value of the property with the agricultural
conservation easement in place .
As stated in Paragraph 03 of their letter, it appears the Fergusons agree the subject
property would not be subdivided for many years into the future . They suggest that a 5 -
10 year time frame is likely , The point that I made in my appraisal is that there is no
evidence to support the conclusion that there is sufficient demand for the subdivision of
the subject property . Certainly the gradual sale of building lots along Slieftield Road is
possible, but there are already many building lots on the market and miles of undeveloped
frontage already in this area,
It is not my opinion that the highest and best use of the Ferguson Property is for " highway
residential lots" as stated in Paragraph #4 , On Page 1 I in my appraisal report , I indicate
PO Box 4805 , Ithaca , NY 14952-4805 ( 607 ) 272-9500 Fax ( 607 ) 273-0703
0
CZAR - 05 - 02 030 : 54 1` 11 P a 02
Page 2
Michael Smith
March 4, 2002
that residential lots could be sold off of the property ' s frontage, but 1 also indicate that it
does not appear that there is sufficient demand for the residential subdivision of this
property. My conclusion of highest and best use is as acreage with residential
development potential . This conclusion recognizes that the property owners could market
some of the frontage on Sheffield Road but 1 am in no way suggesting that there is
demand for a 10 lot subdivision at this time ,
The methodolol3Y that I employed to estimate the market value of the subject property is
the Sales Comparison Approach . This approach is widely accepted as the most reliable
indicator of value . My conclusion of the highest and best use for the subject property as
acreage with residential development potential is also the highest and best use of the
comparable sales that 1 used in this analysis. All four of these sales have potential for
residential development just like the subject property, however the amount of road
frontage enhancing these properties varies . Comparable Sale #3 was specifically included
to show and demonstrate the value of a property with a similar amount of road frontage.
Comparable Sales 43 has frontage that could also be subdivided into at least 12 lots . Any
value attributable to this potential for subdivision is reflected by the sale price,
believe it is also relevant to consider the fact that the Fergusons purchased the subject
property in October of 2000 for $ 120, 000 , If you accept the current assessment for the
subject property, which allocates $38 , 400 for the contributing value of the building
improvements and also the fact that the Fergusons wish to retain 2 lots as Acceptable
Develop ment . Area s, which by the Long analysis have a value of approximately $ 12, 000
each, the allocation of the purchase price would indicate a land value of $ 57 , 600 . 1
personally don ' t give much credence to the assessed valuation of property as there are
many examples of properties being over assessed and under assessed in Tompkins County.
However, the recent sale of the subject property is relevant , The subject property was
marketed through the Multiple Listing Service by a local broker for a reasonable period of
time. This sale is evidence of market demand for acreage with development potential .
I do not agree with the analysis prepared by David Long for several reasons. As
previously mentioned, I do not believe that there is sufficient demand in this area at this
time to justify the feasibility of a 10 lot subdivision marketed within a three year time
frame , There is substantial undeveloped acreage in this area with miles of available road
frontage. If there were sufficient demand , the subject property would be competing with
many other properties that would also be equally desirable for development . During the
north east
appraisals
G MANAGEMENT CO. INC.
MAR - 05 - 02 03 : 55 PM P _ 03
Page 3
Michael Smith
March 4, 2002
last year in the entire Town of Ithaca, only 10 lots of five acres or less were sold . This
includes lots in already established subdivisions. The marketing time for building lots
within these subdivisions have frequently been more than five years . In Tompkins County
at the present time, there are more than 200 building lots currently on the market . If the
Subdivision Analysis reflected a time frame as suggested in the letter from Mr. and Mrs,
Ferguson, I believe a much more accurate but substantially lower value would be
indicated .
The Subdivision Analysis also does not consider all costs for such a development , During
the absorption period, the owners would also incur carrying costs such as real estate taxes,
Once subdivided, the assessed valuation and consequently the real estate taxes, would
substantially increase. In addition, an allowance must also be provided for the developer ' s
profit as no one would incur the risk associated with such a development without
receiving a return beyond the basic land value . if all the frontage was sold , l do not
believe that the remaining land with only right- of-- way access to Sheffield Road would
retain a value of $ 1 , 500/Acre. There is market evidence that supports that the value for
land with right -of-way access or limited frontage is substantially lower in . value.
Finally, a Subdivision Analysis requires many assumptions that limit its reliability. It is
frequently used as a guide to estimate the value of land in areas where intense residential
subdivision is occurring and where there is an absence of sales of acreage. The analysis
prepared by Long would suggest that the total value of the subject acreage is $ 2, 466/Acre
overall while the frontage acreage has a value of $4, 536/Acre. These conclusions are not
supported by the sales of acreage in this area with similar development potential including
the sale of the subject property.
I believe that the appraisal I prepared on the Ferguson Property sets forth reasonable
conclusions of value for the subject property recognizing its development potential , There
is no justification based on the information contained in the letters from Mr . and Mrs .
Ferguson or David Long that warrants a revision to this report . If you have any oluestions
or require additional information , please do not hesitate to contact me .
Very truly yours,
NOR7Hls'AS"/' A1 'PIZAISAI_SANI) MANAC;L'AlI1;NI' C'O. , IN(_'.
- J G�a"
Kenneth V. Gardner II
President
K V G/vcg
north east
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6 MANAGEMENT CO. INC.
north past
apprausals
& MANAGEMENT CO. INC.
October 9, 2001
Mr. Michael Smith
Environmental Planner
Town of Ithaca
215 North Tioga Street
Ithaca, New York. 14850
RE : Appraisal of Proposed Agricultural
Conservation Easement - Ferguson Property
Town of Ithaca, Tax Map Parcel #28- 1 - 1 . 2
Tompkins County, NY
Dear Mr. Smith:
In accordance with your request, I have made an appraisal of the above referenced
property which includes approximately 47 . 35 acres of land located on Mecklenburg Road
at the intersection of Sheffield Road in the Town of Ithaca, Tompkins County, New York.
Approximately 44 acres will be affected by the agricultural conservation easement. An
improved building; site on Mecklenburg Road . containing approximately 1 . 35 acres and a 2
acre lot on Sheffield Road will be designated as Acceptable Development Areas (ADA) .
This property is owned by Gary and Lisa Ferguson and is owner occupied as a rural
residence with acreage. The building sites and building improvements on the subject
property will not be affected by the conservation easement and therefore are not
considered in this valuation. The purpose for this appraisal is to estimate the market value
of the property both before and after the acquisition of an agricultural conservation
easement by the Town of Ithaca. The restrictions that will be placed on the property as a
result of this conservation easement will be discussed in detail in this report . A copy of
the proposed easement is included in the Addenda of this report .
After carefully analyzing the physical characteristics of the property and considering the
accepted approaches to value, it is my opinion that the market value of the fee simple
interest of the subject property as of October 10, 2001 , before the acquisition of the
agricultural conservation easement was $75 , 000 .
After the acquisition of the agricultural conservation easement, which prohibits future
development of the subject property and requires the continuation of an agricultural use, it
is my opinion that the value of the property was $24, 000 .
Therefore the total value of the agricultural conservation easement is estimated to be
$ 51 , 000 .
°0 Box 4805 , Ithaca , NY 14852-4805 ( 607 ) 272-9500 Fax ( 607 ) 273-0703
Page 2
Mr. Michael Smith
October 9, 2001
Before Value " Unrestricted : $75 ,000
After Value - Subject to Conservation Easement: 24, 000
Value of Conservation Easement $51 ,000
It is assumed that there are no adverse environmental conditions on site or off site which
have a diminishing affect on value. North East Appraisals & Management Co . , Inc. and
the individual appraiser take no responsibility for adverse environmental conditions if they
exist. This Firm and the individual appraiser are not qualified to detect such conditions.
Based on the inspection of the subject property, within the scope of this appraisal
assignment, no adverse environmental conditions were observed on the subject property
or surrounding property. A detailed environmental audit will be necessary to determine
the existence of adverse environmental conditions if they exist .
Attached is my appraisal report.
Very truly yours,
NORTH EAST APPRAISALS & MANAGEMENT CO. , INC.
4<
Kenneth V. Gardner II, President
Certified General Real Estate Appraiser
N .Y . S . ID #46000006334
as
KVG/tlr
Attachment
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6 MANAGEMENT CO. INC.
Lail_ J •
t ;
SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS
k' OWNERS : Gary and Lisa Ferguson
LOCATION: 1485 Mecklenburg Road, Town
of Ithaca, Tompkins County,
New York
;
TYPE OF PROPERTY: Acreage with residential
development potential
LAND AREA 47 . 35± Acres, 3 . 35 Acres ADA
BUILDING IlWIPROVEMENTS : Not considered in appraisal
analysis
HIGHEST AND BEST USE
BEFORE ACQUISITION: Acreage with residential
development potential
±tC
ACQUISITION: Agricultural Conservation Easement
HIGHEST AND BEST USE
AFTER ACQUISITION : Agricultural Acreage
44
PROPERTY RIGHTS APPRAISED : Fee Simple and Subject To
`1 Restrictions of Conservation
Easement
.y�
E ���1III DATE OF VALUATION : October 10, 2001
VALUE ESTIMATES :
Before Value : $75 , 000
After Value : $244000
Value of Conservation Easement $511000
T '
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6 MANAGEMENT CO. INC.