HomeMy WebLinkAboutTB Minutes 2002-07-29 SPECIAL MEETING OF THE ITHACA TOWN BOARD
MONDAY , JULY 299 2002 AT 5 : 30 P . M .
-- 215 NORTH TIOGA STREET, ITHACA, NY
1 . Call to Order.
2 . Pledge of Allegiance .
3 . Persons -to be Heard .
4 , 5 : 45 Public Hearing Regarding Proposed Trumansburg Road Sewer System
Improvement Project .
5 . SEQR for Construction of West Hill 2002 Water and Sewer Improvements ,
6 . Consider Approval of West Hill 2002 Water and Sewer Improvements .
7 . Consider Approval of Budget Modifications for the Transfer and Establishment of
Capital Project — Trumansburg Road Sewer Improvement .
8 , Consider Approval of Budget Amendments for the Transfer and Establishment of
Capital Project — Replacement of Biggs/Hospital Complex Water Main .
9 . Review Engineer's Report on Burns Road Water Line .
10 . Consider Issuing Declaration of Intent for Town of Ithaca Town Board to Serve as
Lead Agency to Conduct the Environmental Review for the Proposed Burns Road
Water Line .
11 . Award Contract for Town of Ithaca Public Works Facility .
12 . Authorize City of Ithaca to Use Town ' s Share of the SJS Unappropriated Fund
Balance to Pay Town 's Share of SJS Operations and Maintenance Budget for
2002 .
13 . Discussion of Wage Classification System .
14 , Consider Adjournment .
July 29 , 2002 Special Meeting
Approved September 12 , 2002
Special Meeting of the Ithaca Town Board
Monday July 29 , 2002 at 5 : 30 p . m .
215 North Tioga Street, Ithaca , New York
THOSE PRESENT : Supervisor Valentino , Councilwoman Russell , Councilwoman Grigorov ,
Councilman Lesser, Councilman Burbank , Councilman Niederkorn
EXCUSED : Councilman Klein
OTHERS PRESENT: Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ;
Dan Walker, Town Engineer; Fred Noteboom , Highway Superintendent ; Jon Kanter, Director
of Planning ; Judy Drake , Human Resources Manager ; Salvatore Grippi and Rosalind Grippi ,
9 Orchard Hill Road , Ithaca
CALL TO ORDER : The meeting was called to order at 5 : 30 p . m . and the Supervisor led the
assemblage in the pledge of allegiance .
Agenda Item No. 13 — Discussion of Wage Classification System (Attachment # 1 —
Proposed Classification System )
Ms . Drake distributed information on proposed modifications to the wage classification
system .
Supervisor Valentino told the Board that the proposed modifications are intended to maintain
the dollar per hour :spreads that exist between the different job classifications . Applying the
same percentage increase ( annual cost- of- living increases) to each job classification changes
those spreads . Ms . Drake presented proposed percentage increases that , when applied ,
would maintain the intended spread between the classifications .
Supervisor Valentino told the Board that she had looked closely at the " P" Classification ,
which includes the Assistant Department Heads . Over the last year, as work loads have
gotten bigger, the Department Heads have delegated more work to and required more
autonomy from the Assistant Department Heads . Those jobs should be given more "points"
because of their increasing autonomy . When more points are given to those positions it
increases the salary range of the group .
The Network/ Record Specialist position was an "O" and when Supervisor Valentino and Ms .
Drake re-evaluated that position , adding points for autonomy , it bumped the position up to the
• " P " classification .
The Board was asked to review the material for formal action at the August meeting .
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Councilman Burbank asked where Ms . Drake got the amount for the proposed 3 . 5% cost of
living increase . Ms . Drake explained that she looks at other union contracts in the area : the
County , the City , some of the surrounding municipalities that have union contracts . She also
looks at the Consumer Price Index . Last year' s CPI , June to June , was 2 . 6 % . Most of the
union contracts in the area are between 3 . 5 % and 4%
Councilman Lesser hoped the Town would be able to give people a real increase ,, if the Town
can afford to do it,. Supervisor Valentino concurred .
OTHER BUSINESS
Negotiations
Fire Contract with the City of Ithaca
Supervisor Valentino reported an excellent meeting with Brian Wilbur, City of Ithaca Fire
Chief , to go over the changes the Town feels need to be made to the proposed fire contract .
He was on board with the things that the Town was looking for and felt , in a lot of ways , that
the changes are helpful to him . Basically what the Town is requesting is that not only should
we share our third of expenditures of the City Fire Department we should also share in our
fair share of the Ievenues related to that department . Those revenues shouldn 't be going into
the City' s general fund ; they should be going to the Fire Department and accounted for so
that we can clearly see and track them . Chief Wilbur feels this would be a big help for the fire
department .
Sewer and SJSIBudget
Supervisor Valentino reported an excellent meeting with Steve Thayer , the new City
Comptroller, to talk about the sewer and the SJS budget . The purpose of the meeting was to
try and track down some of the charges to the Town and some of the credits that the Town
has not received . He was very cooperative in trying to figure out how we can get those
numbers for negations between Mayor Cohen , Mark Varvayanas from Dryden , myself from
the Town , and the Superintendent of Public Works .
Public Hearingl Regarding Proposed Trumansburg Road Sewer System Improvement
Pro 'lect (Attachment #2 — Letter from S . & R . Grippi ) ( Attachment #3 — Engineer ' s
Report, Cost Estimate , Capital Projects & Fiscal Planning Committee
Recommendation )
Salavatore Grippi , Orchard Hill ( property owner of 1296 and 1298 Trumansburg Rd )
appeared before the Board with the following comment :
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My wife and I are grateful that the Town is now moving on sewer improvements for a portion
• of West Hill that includes 1296 and 1298 Trumansburg Road : the School House and Chapel .
We resubmit the letter we wrote to Town Supervisor, Cathy Valentino , and the Town Board
last year. The need for the two historic buildings to be included in West Hill 's sewer
improvement is stared in that letter.
Mr. Grippi distributed copies of that letter to the Board .
Mrs . Grippi also encouraged the Board to pass whatever is necessary to proceed with the
project and expressed her gratitude .
Supervisor Valention closed the public hearing at 6 : 50 p . m .
Dan Walker presented a revised Engineer' s Report , a cost analysis , and reviewed the
project with the Board . He stated the total cost of the project as approximately $ 153 , 000 .
Construction cost i .s estimated at $ 148 , 000 with a 10% contingency , plus legal , engineering ,
and contract document costs . The project will result in an additional 9 . 1 units of benefit , both
of those coming from the Kyong parcel . This construction will take approximately one month
to build in conjunction with the bigger project which should take 90 days .
Councilman Burbank asked if all the land owners were in favor of the project . Mr. Walker
stated that the Town has had no objections from any of the land owners .
At the July 8 , 2002. Town Board meeting the project was referred to the Capital Projects
Committee . Councilwoman Russell reported that the Committee had quite an extensive
discussion about the project due , in part , to the fact that when ranked . by Committee
members scores were all over the ball park , much more so than had been experienced
before . These scores generated quite a bit of discussion . That discussion focused around
the cost versus the benefit of the project ; there are so few people that are going to benefit
from the project at this point in time . At the committee meeting , Supervisor Valentino brought
up the fact that , in the past , there had been some interest in commercial growth or a mixed-
use type of project in this area , multiple residential with more density surrounding a small
commercial area . With that in mind , the Committee was willing to recommend that this
project move forward with a slight modification : the sewer line will not go all the way to the
corner because the committee did not want to see the sewer extended down Hayts Road .
Although it is extenced to the Grippi parcel , it is not extended to the corner of Hayts Road .
TB RESOLUTION NO. 2002- 111 - SEQR - CONSTRUCTION OF WEST HILL 2002 WATER
AND SEWER IMPROVEMENTS
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July 29 , 2002 Special Meeting
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WHEREAS , the Town Board reviewed the LEAF for approval for the Construction of West Hill
2002 Water and Sewer Improvements prepared by Daniel R . Walker, Town Engineer dated
June 28 , 2002 and found it acceptable ;
NOW , THEREFORE BE IT RESOLVED , that it was determined that the project will not result
in any large and important impacts and therefore a negative declaration will be prepared .
MOVED : Councilman Lesser
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion
carried unanimously .
TB RESOLUTION NO. 2002- 112 - TOWN OF ITHACA 2002 TRUMANSBURG ROAD
SEWER SYSTEM IMPROVEMENT PROJECT - PUBLIC INTEREST ORDER
At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New
York , held at 215 North Tioga Street , in Ithaca , New York , on the 29th day of July , 2002 , at
5 : 30 o'clock P . M . Prevailing Time .
PRESENT : Supervisor Catherine Valentino
Councilwoman Carolyn Grigorov
Councilwoman Mary Russell
Councilman William Lesser
Councilman Thomas Niederkorn
Councilman Will Burbank
ABSENT : ' Councilman David Klein
..... ....... ...- -- -- ......-- --- ........ .... ..... ..... .
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In the Matter of
the Proposed Sewer Improvement in the Town of Ithaca , PUBLIC
Tompkins County, New York , pursuant to Article 12-C of INTEREST
the Town Law to', be known as the Town of Ithaca 2002 ORDER
Trumansburg Road Sewer System Improvement
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WHEREAS , a plan , report and map has been duly prepared in such manner and in
• such detail as heretofore has been determined by the Town Board of the Town of Ithaca ,
Tompkins County , New York , relating to the creation and construction , pursuant to Article 12-
C of the Town Law of sewer system improvements to be known and identified as the Town of
Ithaca 2002 Trumansburg Road Sewer System Improvement , and hereinafter also referred to
as " improvement " , to provide such sewer improvement including extensions , to the present
Town sewer improvement , such sewer system improvement to be constructed and owned by
the Town of Ithaca , and
WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . ,
the Town Engineer, a competent engineer duly licensed by the State of New York and have
been filed in the office of the Town Clerk where they are available for public inspection , and
WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca
2002 Trumansburg Road Sewer System Improvement consists of the entire area of said
Town excepting therefrom the area contained within the Village of Cayuga Heights , and
WHEREAS , the proposed Town of Ithaca 2001 Trumansburg Road Sewer System
Improvement consists of the sewer improvements set forth below , and in the areas of the
Town as set forth below, and as originally shown and described in said map , plan and report
on file in the Office of the Town Clerk :
Construction and installation 8 inch PVC sewer pipe extending from the end of the
existing sewer at the northeast corner of the Fire Station 6 property on Trumansburg Road
northerly on the west side of Trumansburg Road a distance of approximately 3000 feet to the
intersection of Trumansburg Road and Hayts Road , together with related manholes and
appurtenances and installation of laterals to the highway right of way line to serve existing
buildings on tax parcels adjacent to Trumansburg Road along the line as so extended ; and
WHEREAS , the Town Engineer has reduced the scope of the project , so that now the
map , plan and report currently on file in the Office of the Town Clerk shows the improvement
to be :
Construction and installation 8 inch PVC sewer pipe extending from the end of the
existing sewer at the northeast corner of the Fire Station 6 property on Trumansburg Road
northerly on the west side of Trumansburg Road a distance of approximately 2400 feet to a
point approximately 200 feet south of the intersection of Trumansburg Road and Hayts Road ,
together with related manholes and appurtenances and installation of laterals to the highway
• right of way line to serve existing buildings on tax parcels adjacent to Trumansburg Road
along the line as so extended ; and
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July 29 , 2002 Special Meeting
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WHEREAS , the reduction in scope does not affect the number of properties to be
served by , nor the number of properties to be benefitted by , the improvement , nor does it
change the boundaries . of the area to be benefitted , nor does it change the method of
apportioning the costs of such improvement ; and
WHEREAS , the maximum initially proposed to be expended by the Town of Ithaca for
the aforesaid improvement was $200 , 000 . 00 but the project having been reduced in scope
the maximum now proposed to be expended is $ 153 , 500 ; and
WHEREAS , the proposed method of financing said improvement to be employed by
said Town of Ithaca consists of expenditure of current revenues and surplus funds from the
operation of the Town -Wide Sewer Benefitted Area ; and
WHEREAS , said maximum estimated cost is not greater than 1 / 1 0th of 1 % of the full
valuation of taxable real property in the area of the Town of Ithaca outside of any villages ;
and
WHEREAS , it is proposed that the cost of the aforesaid improvement shall be paid out
of surplus funds and current revenues derived from the operation of the Town-Wide Sewer
Benefitted Area ; and
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WHEREAS , the aforesaid improvement has been determined to be an Unlisted Action
pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act and the laws and
regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board
has determined will not result in any significant environmental effects ; and
WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on July 8 ,
2002 , calling a public hearing upon said plan , report and map including an estimate of cost
and the question of providing sewer improvements to be known as the Town of Ithaca 2002
Trumansburg Road Sewer System Improvement , such public hearing to be held on the 29th
day of July , 2002 , at 5 : 45 o ' clock p . m . , Prevailing Time , at the Town Hall , 215 North Tioga
Street , in the City of Ithaca , Tompkins County , New York , at which time and place all persons
interested in the subject thereof could be heard concerning the same ; and
WHEREAS , notice of said public hearing was duly posted and published as required
by law ; and
WHEREAS , said public hearing was duly held at the place and at the time aforesaid
and all persons interested in the subject thereof were heard concerning the same ; and
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July 29 , 2002 Special Meeting
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WHEREAS , it is now desired to authorize the improvement to be known as the Town
• of Ithaca 2002 Trurriansburg Road Sewer System Improvement ;
NOW , THEREFORE , BE IT
RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York ,
as follows :
Section 1 . It is hereby determined that it is in the public interest to make the sewer
improvement hereinafter described and such sewer improvement is hereby authorized .
The proposed area hereby determined to be benefitted by said Town of Ithaca 2001
West Hill Sewer System Improvement is all of the Town of Ithaca outside of the Village
of Cayuga Heights .
Section 2 . The proposed improvement shall consist of construction and installation of
an 8 inch PVC sewer pipe extending from the end of the existing sewer at the
northeast corner of the Fire Station 6 property on Trumansburg Road northerly on the
west side of Trumansburg Road a distance of approximately 2400 feet to a point
approximately 200 feet south of the intersection of Trumansburg Road and Hayts
Road , together with related manholes and appurtenances and installation of laterals to
the highway right of way line to serve existing buildings on tax parcels adjacent to
Trumansburg Road along the line as so extended at an currently determined
maximum estimated cost to said benefitted area of $ 153 , 500 . 00 . The method of
financing of (% aid cost shall be by expenditure of current revenues and surplus funds
derived from the operation of the Town -Wide Sewer System .
Section 3 . It is hereby determined that the estimated expense of the aforesaid
improvement does not exceed 1 / 10th of 1 % of the full valuation of the taxable real
property in the area of said Town outside of Villages and , therefore , in accordance with
the provisions of subdivision 13 of Section 209-q of the Town Law , the permission of
the State Comptroller is not required for such improvement .
Section 4 . Pursuant to subdivision 6 (d ) of Section 209 -q of the Town Law , the Town
Clerk is hereby directed and ordered to cause a certified copy of this resolution to be
duly recorded within 10 days of the date of adoption in the Office of the Clerk of the
County of Tompkins , which when so recorded , shall be presumptive evidence of the
regularity of the proceedings and action taken by the Town Board in relation to the
aforesaid improvement .
• Section 5 . It is hereby further determined that all of the cost of the aforesaid
improvement shall be borne wholly by property within the Town of Ithaca outside of the
Village of Cayuga Heights .
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Section 6 . ! This order is adopted subject to permissive referendum .
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The question of adoption of the foregoing resolution was , upon motion made by
Councilperson Niederkorn , and seconded by Councilperson Grigorov , duly put to a vote on a
roll call , which resulted as follows :
Supervisor± Valentino Voting Ave
Councilpe son Russell Voting Ave
Councilpe son Grigorov Voting Ave
Councilpe son Lesser Voting Aye
Councilpe son Niederkorn Voting Ave
Councilperson Burbank Voting Ave
The order was thereupon declared duly adopted .
Agenda Item No 7 — Consider Approval of Budget Modification for the Transfer and
Establishment Of a Capital Project for Trumansburg Road Sewer Improvement
TB RESOLUTION NO. 2002 413 — BUDGET MODIFICATIONS FOR THE TRANSFER
AND ESTABLISHMENT OF CAPITAL PROJECT — TRUMANSBURG ROAD SEWER
IMPROVEMENT
WHEREAS : both the Sewer Fund Budget and the Town ' s Five Year Capital Budgeting Plan
of 2002 contain appropriated funds totaling $300 , 000 for the construction of the " Hospital
Sewer Trunkline , " and
WHEREAS : the Town Engineer has discussed and met with the Town Budget Officer
regarding the necessary funding of this capital project , and
WHEREAS : the Town Budget Officer recommends to this Governing Town Board the
following 2002 budget modifications for the purpose of transferring $544 , 000 . 00 to the
"Trumansburg Road Sewer Improvement" Capital Project Fund , and
BUDGET JOURNAL
DEBIT G960 APPROPRIATIONS $ 5447000 . 00
G9950 . 925 TRANSFER TO CAPITAL PROJECTS - $ 544 , 000 . 00
HOSPITAL SEWER TRUNKLINE
CREDIT G960 APPROPRIATIONS $ 300 , 000 . 00
G8120 . 488 HOSPITAL SEWER TRUNKLINE $ 300 , 000 . 00
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July 29 , 2002 Special Meeting
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• G599 UNAPPROPRIATED FUND BALANCE $ 244 , 000 . 00
To record the appropriation budget for transferring funds to the
Capital Project Fund — Trumansburg Road Sewer improvement
WHEREAS : the Town Budget Officer also recommends the approval of this Governing Town
Board to establish the following capital budget , and therefore be it
BUDGET JOURNAL
DEBIT H12-510 ESTIMATED REVENUE $ 5447000 . 00
H12 - 5031 INTERFUND TRANSFERS $ 544 , 000 . 00
CREDIT H12 -960 APPROPRIATIONS $ 5449000 . 00
H12-8120 . 200 CONSTRUCTION CONTRACT $ 5109000 . 00
H12-8120 . 201 LEGAL $ 47000 . 00
H12-8120 . 202 CONTRACT DOCUMENTS $ 47000 . 00
H12-8120203 BIDDING PROCESS $ 21000 . 00
H12-8120 . 204 CONTRACT ADMINISTRATION $ 29000 . 00
H12-8120 . 208 INSPECTION $ 57000 . 00
H12-8120 . 209 TESTING $ 2 , 000 . 00
H12-8120 . 214 LANDSCAPING $ 15 , 000 . 00
RESOLVED : that this Governing Town Board directs , authorizes and approves the Town
Supervisor and the Town Budget Officer to record the appropriated budgetary modifications
and cash transfers and any other necessary and appropriate accounting transactions to
establish the Capital Project Fund — "Trumansburg Road Sewer Improvement" and any other
necessary and appropriate accounting transactions .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion carried
unanimously .
• _Agenda Item No. 8 — Consider Approval of Budget Amendment for the Transfer and
Establishment of Capital Project — Replacement of Biggs/Hospital Complex Watermain
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July 29 , 2002 Special Meeting
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Mr. Walker reviewed the project , which will be done in conjunction with the Trumansburg •
Road sewer project , with the Board . The water main runs from the back of the hospital to
the Biggs Complex , then up to the new water main that was built up Indian Creek Road to
serve the northern part of West Hill . It is a line that has been buried over the years to be over
20 some feet deep in spots and it ' s underneath some of the buildings . It ' s old , cast iron ,
leaded joint pipe . It is one of the Town ' s oldest water lines .
TB RESOLUTION NO. 2002- 114 — BUDGET AMENDMENT FOR THE TRANSFER AND
ESTABLISHMENT OF CAPITAL PROJECT — REPLACEMENT OF BIGGS/HOSPITAL
COMPLEX WATERMAIN
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WHEREAS : the Town ' s Five Year Capital Budgeting Plan of 2002 detailed the potential
Replacement of the BIGGS Water Main Replacement , and
WHEREAS : the Town Engineer has determined the estimated cost of this project to be
$ 154 , 500 and has met with the Town Budget Officer and discussed available moneys in the
Water Fund to mieet the fiscal needs of this needed project , and
WHEREAS : the Town Budget Officer recommends to this Governing Town Board the
following 2002 budget amendment for the purpose of transferring $300 , 000 . 00 to the " BIGGS
Water Main Replacement" Capital Project Fund , and
BUDGETJOURNAL
DEBIT F9601 APPROPRIATIONS $ 154 , 500 . 00
F9950 . 925 TRANSFER TO CAPITAL PROJECTS - $ 154500 . 00
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BIGGS WATER MAIN REPLACEMENT
CREDIT F599 UNAPPROPRIATED FUND BALANCE $ 154 , 500 . 00
To record the appropriation budget for transferring funds to the
Capital Project Fund — BIGGS Water Main Replacement
WHEREAS : the Town Budget Officer also recommends the approval of this Governing Town
Board to establish the following capital budget , and therefore be it
BUDGETJOURNAL
DEBIT H13-510 ESTIMATED REVENUE $ 1547500 . 00
H13 - 5031 INTERFUND TRANSFERS $ 154 , 500 . 00
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July 29 , 2002 Special Meeting
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• CREDIT H13-960 APPROPRIATIONS $ 154 , 500 . 00
H13-8340 . 200 CONSTRUCTION CONTRACT $ 130 , 000 . 00
H13-8340 . 201 LEGAL $ 2 , 000 . 00
H13-8340 . 202 CONTRACT DOCUMENTS $ 11500 . 00
H13-8340 . 203 BIDDING PROCESS $ 11000 . 00
H13-8340 . 204 CONTRACT ADMINISTRATION $ 15000 . 00
H13-8340 . 205 SURVEY $ 11000 . 00
H13-8340 . 206 RIGHT OF WAY ACQUISITION $ 107000 . 00
H13-8340 . 208 INSPECTION $ 29000 . 00
H13-8340 . 209 TESTING $ 17000 . 00
H13-8340 . 214 LANDSCAPING $ 59000 . 00
RESOLVED : that this Governing Town Board directs , authorizes and approves the Town
Supervisor and the Town Budget Officer to record the appropriated budgetary modifications
and cash transfers and any other necessary and appropriate accounting transactions to
establish the Capital Project Fund — " BIGGS Water Main Replacement" and any other
necessary and appropriate accounting transactions .
MOVED : Councilwoman Russell
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser . Motion
carried unanimously .
Agenda Item No . — Review Engineer' s Report on the Burns Road Water Line
( Attachment #4 — Engineer' s Report and memo from J . Kanter)
Mr. Kanter referred the Board to his memo regarding the environmental and agricultural
review process for this project .
Councilman Lesser asked about the requirement of approval from the State to build utilities in
an agricultural zone . Mr. Kanter stated it seems like it is a pretty detailed , involved process
and commented as follows .
What the bottom line is , I guess we don ' t know yet . I think it has a lot to do with why the
• agricultural district is still there . Many of us have talked about this and felt that the State
should have deleted all or most of that area that is shown along Burns Road and Coddington
Road when they did their last review . They didn 't . They left basically the whole stretch , all of
the area that will be served by the water line that we are talking about here . All the parcels
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along Coddington Road . And , as far as we can tell , and this is something we will have to
document , what the history of farming in that area has been . There doesn 't appear to be any
active agricultural operation left there . The only real active operation nearby is the Six Mile
Creek Winery which is up on Slaterville Road . It seems like this is really a process but we
can 't really seco i d guess what the state is going to come up with . The way the process
seems to be outlined in the Agriculture and Markets law , it ' s pretty much up to the
Commissioner of Agriculture in consultation with the County Ag and Farmland Protection
Board and the State ' s own Commission on Agriculture to make these determinations and
then ultimately really what it comes down to is a recommendation back to the municipalities .
So the bottom line is they can 't necessarily tell us we can or can 't do the water line , but we
have to go through this long involved process to get to that point . What the end result will be ,
it is hard to judge . Really , what my concern is , is that we just document as carefully as we
can upfront , the fact that we don 't believe there are any viable farm operation remaining in
that area that would be affected and if we do that then there shouldn 't really be any question
on the part of they State .
Councilman Niederkorn — Does this agricultural district extend down into the Town of
Danby?
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Mr. Kanter — It does . It actually encompasses a large portion of the whole east side of
Tompkins County . It' s part of that whole same district that goes up into Dryden and Lansing .
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Councilman Niederkorn — Do you happen to know when it' s up for review again ?
Mr. Kanter — Actually , I was talking to Monica Roth at Cooperative Extension and she
mentioned something that it may come up for review again next Spring , which would be
sooner, I think , it usually goes on an 8 year cycle . She mentioned that she thought the
process was goi 1 g to start again next spring . I think the last time it was done was 1996 .
Councilman Niederkorn — I think probably when , if , these ag districts come up for review very
soon we ought to be careful to look at that , make sure that something like this doesn 't grab us
again .
Councilwoman Grigorov — They don 't talk to the Towns directly . It just goes through the
County .
Mr. Kanter — The last time we did a review for District #2 we did a very in -depth review and
provided detailed comments and , for the most part , the State didn 't listen to us . That ' s where •
they ended up leaving areas like Linderman Creek Phase I that was already developed ,
Saponi Meadows which was largely undergoing development , and a few other parcels
around the West Hill . I think we did maybe a less detailed review of District # 1 when that was
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up , and I think we did probably mention some of these areas that should have been looked
at . Of course I think: this time we ' ll have to provide a much stronger . . .
Councilman Niederkorn — Don 't the property owners have anything to say about this? My
impression was that if they didn 't want to be in it , they could get out when the review period
came up .
Mr. Kanter — Yes , Individual owners can request to be taken out or to be left in . And
normally, I think , that ' s probably primarily what the State listens to , is property owners'
requests . How much value they put into a municipal review and comments , I am not sure ,
but past experience shows that maybe no too much .
Councilwoman Russell — I think we have to be a little bit careful about what the
Commissioner is concerned about and what we ' re defining as active agriculture because that
land has recently been mowed for hay , you know. Now you may not be getting the
agricultural assessment for that because you ' re not making $ 10 , 000/year off the land , it
doesn 't mean the Commissioner would be interested in having that land protected .
Specifically , I ' m thinking about a class I attended at the Association of Towns where Ag and
Market staff made it clear that they would go in in an ag district and defend someone who
was being sued for a nuisance suit under the right to farm provision of that law even though
they were not actually the beneficiaries of the ag assessment . We just have to be clear about
that when we are doing this evaluation .
Mr. Kanter — I think: the State Commissioner is also looking at future potential of farm land .
So maybe even if it isn 't actively farmed , is it a viable area to continue farming at some point?
Of course Burns Road is primarily , of the large lots , it' s residential , whereas other parts of
Coddington Road maybe are less developed and have more potential like the Walker
properties
(Tape turned over)
Councilman Niederkorn — . . . originally to protect the landowners , the farmers , from excessive
taxation because of development that was heading their way . It becomes anything less than
that or different from that it seems like it ' s missing it ' s original intent .
Councilwoman Russell — Well , the right to farm provision is in there . That' s not just about
taxation .
• Mr . Kanter — Tom , I think what you ' re talking about is if the current district does not any
longer accurately reflect what ' s really happening there or what the potential is then the State
may be lagging behind in terms of bringing it up to date and that can be a problem for these
types of situations . It may not be a problem , it may simply be a process , but then again why
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Approved September 12, 2002
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have to go through a process like that . It also triggers a Type I action with these types of •
water extensionsi Why go through those more in -depth review processes , spend a lot more
time and money on the process where it may not be necessary?
Councilwoman Ghgorov — This was going to be a 2003 project , anyway , right?
Supervisor Valentino — I thought maybe we ' d get it in 2002 but with the Ag District , it' s hard to
tell if we ' ll get it in this year or not .
Attorney Barney i If you are interested in approving it the process is like any capital project or
extension of water and sewer. You need to hold a public hearing and then adopt a resolution
subject to permissive referendum . Rather than call it a notice or resolution for public , in that
context it' s called an Order for Public Hearing .
Mr. Kanter — If you want to hold the hearing on Aug 12 , 1 think you could do that , but I don 't
think we ' ll be in a position to approve it at that meeting based on time frame that it looks like
is involved with this review . I tried to give you a little bit of a heads up in the memo about the
time-frame and if you look on page three under the conclusions section , based on these filing
requirements with the notice of intent , what I ' m suggesting is that August 12th is probably the
soonest that we could have a final notice of intent drafted for the Board to review . It looks like
there ' s at least a minimum 65 day waiting period once the final notice of intent is filed with the !
State before you can take final action , which I interpret as authorizing the funding for the
project . So , that, s taking us well into October before I believe the Board can authorize the
contract . And then again , there are several points in that review process where , depending
what the Commissioner does or doesn 't do it can easily get extended by 30 days here and
there .
Councilwoman Grigorov — It' s a good thing you got that laid out ahead of time so that you
know what' s coming .
Attorney Barney L You also have the 30 day permissive referendum time .
Mr. Kanter - We could certainly hold the public hearing if the Board so chose at any point and
hear public comments , but in terms of the final vote on authorizing the project I think you
would have to wait until we go through this Notice of Intent process .
Attorney Barneyl — Is there indication that there would be a reason to defer on the public
hearing ?
I
Mr . Kanter — It doesn ' t seem to have any implications regarding holding of public hearings as
long as you ' re not making final decisions . Again , if we wanted to , for instance , and August
may not be the best time for a public hearing anyway , you may want to simply use the Augsut
14
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July 29 , 2002 Special Meeting
Approved September 12, 2002
12th Town Board meeting to get this Notice of Intent hopefully finalized and sent off to the
• State and we could have that for your review at that meeting . And then , perhaps hold the
public hearing in September, see if there actually is any public interest in this and then
depending on what happens with that . . .
Attorney Barney — you also have the 30- day permissive referendum period of time which you
probably have to tack on to the 65 days .
Supervisor Valentino — Have you talked to the Health Dept lately? Are they going to give
these folks a reprieve ?
Mr. Walker — I didn 't talk directly to the Health Dept . I was waiting until after this meeting to
give them a schedule . In talking with Sharon Hilker she indicated that they were trying to be
as reasonable as possible , but they were hoping to have something in by the end of the
summer, but I don 't think that' s going to happen . The most I can do is take this information
and give it to the health department .
Supervisor Valentino — I think what I am hearing is that it sounds , if I ' m correct , that it would
make more sense to set the public hearing for the September meeting .
TB RESOLUTION iVO. 2002 415 - ORDER FOR A PUBLIC HEARING - BURNS ROAD
WATER IMPROVEMENT
IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT TO BE
KNOWN AS THE TOWN OF ITHACA 2002 BURNS ROAD WATER SYSTEM
IMPROVEMENT PROJECT IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK
PURSUANT TO ARTICLE 12-C OF THE TOWN LAW .
At a Special Meeting of the Town Board of the town of Ithaca , Tompkins County , New
York , held at 215 North Tioga Street , in Ithaca , New York , on the 29th day of July , 2002 , at
5 : 30 o'clock P . M . Prevailing Time .
PRESENT: Supervisor Catherine Valentino
Councilperson Mary Russell
Councilperson Carolyn Grigorov
Councilperson William Lesser
Councilperson Thomas Niederkorn
Councilperson Will Burbank
• ABSENT : Councilperson David Klein
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July 29 , 2002 Special Meeting
Approved September 12, 2002
WHEREAS , a plan , report and map has been duly prepared in such manner and in
such detail as heretofore has been determined by the Town Board of the Town of Ithaca ,
Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 -
C of the Town Law of water system improvements to be known and identified as the Town of
Ithaca 2002 Burns Road Water System Improvement , and hereinafter also referred to as
" improvement " , to provide such water improvement including extensions , to the present Town
water improvement , such water system improvement to be constructed and owned by the
Town of Ithaca , and
I
WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . ,
the Town Engineer, a competent engineer duly licensed by the State of New York and have
been filed in the office of the Town Clerk where they are available for public inspection , and
WHEREAS ,
the proposed Town of Ithaca 2002 Burns Road Water System
Improvement consists of the water improvements set forth below , and in the areas of the
Town as set forth below , and as more particularly shown and described in said map , plan and
report presently on file in the Office of the Town Clerk :
Construction and installation of approximately 1800 feet of 8" ductile iron pipe water
main on Burns Road connected to the existing water main on Coddington Road together with
related ancillary controls , service laterals , and other structures .
WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the
aforesaid improvement is $ 110 , 000 . 00 . The proposed method of financing to be employed
by said Town of Ithaca consists of expenditure of current revenues and surplus funds from
the Town of Ithaca Water System Benefitted Area .
WHEREAS , it is now desired to call a public hearing for the purpose of considering
said plan , report I and map and the providing of said Town of Ithaca 2002 Burns Road Water
System Improvement , and to hear all persons interested in the subject thereof , all in
accordance with the provisions of Section 209q of the Town Law ;
NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of
Ithaca , Tompkins County , New York , as follows :
Section 11 . A public hearing will be held at 215 North Tioga Street , in said Town , on
the 91" day of September 2002 , at 6 : 30 o ' clock P . M . , to consider the aforesaid plan , report
and map and the question of providing of said Town of Ithaca 2002 burns Road Water
System Improvement and to hear all persons interested in the subject thereof and concerning •
the same and to take such action thereon as is required by law .
i
Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is
hereby authorized and directed to cause a copy of this order to be published once in The
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July 29 , 2002 Special Meeting
Approved September 12, 2002
Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the
• Clerk , not less than ten nor more than twenty days before the day designated for the hearing
as aforesaid , all in accordance with the provisions of Section 209q of Town Law ,
Section 3 . This order shall take effect immediately .
The question of the adoption of the foregoing order was upon motion of Councilwoman
Russell , seconded by Councilman Lesser, duly put to a vote on a roll call , which resulted as
follows :
Supervisor Vceilentino Voting aye
Councilperson Russell Voting aye
Councilperson Grigorov Voting aye
Councilperson Lesser Voting aye
Councilperson Niederkorn Voting aye
Councilperson Burbank Voting aye
The order was thereupon declared duly adopted .
RESOLUTION NO. 2002 416 - LEAD AGENCY DESIGNATION FOR ENVIRONMENTAL
REVIEW, BURNS ROAD WATER MAIN EXTENSION
WHEREAS , the proposed action is the authorization and installation of approximately
1800 feet of a new eight inch diameter water main , located on the west end of Burns Road
and connected to the existing water main on Coddington Road ; and
WHEREAS , this is a Type I action pursuant to the State Environmental Quality Review
Act , 6 NYCRR Part 617 . 4 ( b ) ( 8 ) , and Town of Ithaca Local Law No . 5 of the Year 1988
Providing for Environmental Review of Actions in the Town of Ithaca , since this involves a
non -agricultural use occurring wholly or partially within County Agricultural District No . 1 ; and
WHEREAS , a Long Environmental Assessment Form ( EAF ) will be prepared by the
Town Board , and a Preliminary Notice of Intent will be filed with the New York State
Commissioner of Agriculture and Markets and the Tompkins County Agriculture and
Farmland Protection Board ;
RESOLVED , that the Town of Ithaca Town Board hereby proposes to establish itself
as lead agency to coordinate the environmental review of the proposed action as described
• above ; and
FURTHER RESOLVED , that the Town of Ithaca Town Board hereby requests the
concurrence of all involved agencies on this proposed lead agency designation , said
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July 29 , 2002 Special Meeting
Approved September 12, 2002
concurrence to be received by the Town Board within thirty days from the date of notification •
of the involved agencies .
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye .
Motion carried unanimously .
Agenda Item No,. 11 — Award Contract for the Town of Ithaca Public Works Facility
(Attachment #5 Capital Project Budget Worksheet and Bid Opening )
Mr. Walker explained that there were four contracts before the Board : general construction ,
electrical , plumbing , and heating and ventilation . He reviewed with the Board the Capital
Project Budget Worksheet . There were 4 low bidders . The " Base Bid" figures listed on the
Capital Project Budget Worksheet include the cost of the wash bay . When network design
and installation , I furnishings , legal , and administrative costs are added to the estimated
construction costs the total comes to $2 , 015 . 850 . A 10% contingency fee was added ,
bringing the Total Estimated Project Cost ( including wash bay) to $2 , 217 , 435 . This amount
was deemed unacceptable . Eliminating the wash bay , the Total Estimated Project Cost
including 10% contingency is $ 20 , 055 , 246 . 60 . The Public Works Committee discussed that
the network designed and installation and the furnishings are not critical to the basic building
construction " until you tell people to go sit and work in the building" . They would not
absolutely have to be included in the capital project , the Town could make do with what is
currently there , furniture-wise , it wouldn 't be very comfortable for everybody and it would be
preferable to have everything new up front as done with the Town Hall . But funding is the
critical part and getting the basic building built is what is most important at this point .
Supervisor Valentino explained to the Board that they will need to adopt a resolution , subject
to permissive referendum , authorizing an additional $2 , 207 , 000 . She felt the project could
be brought in close to the $ 1 . 8 million but stated that it would be better to authorize the
additional expense than find ourselves in a predicament and have no authority to spend
additional money .
Passage of the resolution with the 30-day referendum period will not delay the start of the
project .
Regarding the General Construction bid , Mr . Walker told the Board that the apparent low
bidder, Mazza Construction , had withdrawn their bid claiming they had made a mathematical
error. Staff and Attorney Barney reviewed the bid documents and decided that Mazza ' s
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July 29 , 2002 Special Meeting
Approved September 12 , 2002
mathematical error was legitimate and the Town allowed them withdraw their bid . The Board
• discussed and agreed that it would be unwise to compel them to do the project .
Councilman Burbank asked if the Town was on very clear legal ground in dismissing what
was the lowest bid ? Attorney Barney replied as follows :
There is a good basis . As any lawyer will tell you , nothing is 100% guaranteed and it is a
difference of about $ 165 , 000 — $ 170 , 000 . If we want to get into too much detail , I probably
suggest , because it does entail the potential for litigation , then we probably ought to do it in
Executive Session . I guess I can say comfortably, I don 't think anybody , certainly Mazza isn 't
going to sue , because they are asking to withdraw , Streeter isn 't going to sue because they
are getting a job and they wouldn 't have gotten it otherwise . Would a taxpayer come in the
door and sue ? I don 't know . But I think we 've done sufficient due diligence to satisfy
ourselves that based on what Mazza is telling us and we really are limited to that , we can 't go
behind what they are saying , there was an arithmetic error . If you get into a major lawsuit
when you get depositions can some smoking gun come out of the woodwork and some clerk
up at Mazza say thi :30 is all smoke and mirrors , it could happen , but we don 't have reason now
to believe that that' .c; the case .
Councilman Niederkorn asked about the bid bond . Attorney Barney stated that , in the case
of an arithmetic error, the Town is not entitled to keep it .
TB RESOLUTION NO. 2002- 117 - AUTHORIZATION FOR AWARD OF THE GENERAL
CONSTRUCTION CONTRACT FOR ADDITION AND ALTERATIONS OF THE TOWN OF
ITHACA PUBLIC WORKS FACILITY
WHEREAS , The Town of Ithaca on July 19 , 2002 received bids for General
Construction for the Addition and Alterations of the Town of Ithaca Public Works Facility at
106 Seven Mile Drive , and
WHEREAS , Massa Construction , Inc . (" Massa" ) appeared to be the apparent low
bidder with a bid of $ 1 , 113 , 490 . 00 including the wash bay ; and
WHEREAS , On July 22 , 2002 , Massa advised the Town by certified letter that it was
withdrawing its bid because of an arithmetic error; and
WHEREAS , Upon subsequent investigation by the Attorney for the Town and the
Town 's engineering department it appears that the bid intended to be made by Massa was for
$ 1 , 413 , 490 , or $300 , 000 more than the bid submitted ; and
WHEREAS , Massa has submitted its work sheets used in compiling the bid and it
appears by credible evidence that the mistake in the bid was a clerical error that occurred
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July 29 , 2002 Special Meeting
Approved September 12, 2002
when the bid amount was transmitted by telephone from one Massa employee to the •
employee who actually wrote and submitted the bid , in that the receiving employee
mistakenly transciribed the bid at the erroneous lower amount ; and
WHEREAS , Streeter Associates ( "Streeter") of 100 E . Woodlawn Ave . , Elmira , NY submitted
the apparent next low base bid of $ 1 , 287 , 000 . 00 with a deduction of $ 130 , 000 . 00
for deletion of the washbay , and ;
WHEREAS , The Architect for the project and the Town Director of Engineering have reviewed
the bid and qualifications of Streeter and found them satisfactory ; and
WHEREAS , They Town Board has determined that the washbay must be deleted from the
construction contract to stay within the approved project budget , and ;
WHEREAS , They Value of the General Construction Contract with the deletion of the
was hbay is $ 1 , 157 , 000 . 00 , which is within the approved project budget , now
i
THEREFORE , BE iT
RESOLVED , That the Town Board of the Town of Ithaca hereby finds that Massa Construction ,
Inc . made a unilateral mistake in its bid , and ( 1 ) such mistake was made known to
the Town prior to the award of the contract and within three days of the opening of
the bid ; and (2) the price bid was based on an error of such magnitude that
enforcement would be unconscionable ; and (3) the bid was submitted in good fith
and the bidder has submitted credible evidence that the mistake was a clerical
error and not a judgment error; and (4) the error is due to an unitntentional and
substantial arithmetic error which was clearly shown by the work sheets making
up the bid submitted to the Town by the bidder; and ( 5) withdrawal of the bid
places the Town in the same status it was in before submission of the bid ; and it is
further
I
RESOLVED , That the Town Board , based upon the findings set forth above and in accordance
with General Municipal Law Section 103 hereby permits the withdrawal of the bid
made by Massa Construction , Inc . ; and it is further
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award of the
contract for General Construction to Streeter Associates , 100 E . Woodlawn Ave . ,
Elnj ira , NY , for the contract amount of $ 1 , 157 , 000 . 00 for construction of the
Addition and Alterations of the Town of Ithaca Public Works Facility without the
washbay subject to final approval of the contract documents by the Town
Supervisor, the Town Director of Engineering , the Town Highway Superintendent ,
and the Attorney for the Town .
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July 29 , 2002 Special Meeting
Approved September 12, 2002
• MOVED : Councilman Lesser
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion
carried unanimously .
TB RESOLUTION .NO. 2002 418 - AUTHORIZATION FOR AWARD OF THE PLUMBING
CONTRACT FOR ADDITION AND ALTERATIONS OF THE TOWN OF ITHACA PUBLIC
WORKS FACILITY
WHEREAS , The Town of Ithaca on July- 19 , 2002 received bids for Plumbing Work for
the Addition and Alterations of the Town of Ithaca Public Works Facility at 106 Seven Mile
Drive , and ;
WHEREAS , Buchanan Inc . , 1924 Grand Central Avenue , Horseheads , NY , 14845 , Submitted
the apparent low base bid for Plumbing Work of $ 141 , 685 . 00 with a deduction of
$6 , 1661 . 00 for deletion of the washbay , and ;
WHEREAS , the Town Engineer has reviewed the bid and qualifications of the Contractor and
found them satisfactory , and ;
WHEREAS , the Town Board has determined that the washbay must be deleted from the
construction contract to stay within the approved project budget , and ;
WHEREAS , the Value of the Plumbing Contract with the deletion of the washbay is
$ 135 , 519 . 00 , which is within the approved project budget , now
THEREFORE , BE 110
RESOLVED , that the Town . Board of the Town of Ithaca hereby authorizes the award of the
contract for Plumbing to Buchanan Inc . , 1924 Grand Central Avenue ,
Horseheads , NY , 14845 , for the contract amount of $ 135 , 519 . 00 for construction
of the Addition and Alterations of the Town of Ithaca Public Works Facility without
the washbay subject to final approval of the contract documents by the Town
• Engineer and the Town Attorney .
MOVED : Councilwoman Russell
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July 29 , 2002 Special Meeting
Approved September 12, 2002
I
SECONDED : i Councilman Niederkorn •
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion carried
unanimously .
TB RESOLUTION NO. 2002 419 - AUTHORIZATION FOR AWARD OF THE HVAC
CONTRACT FOR ADDITION AND ALTERATIONS OF THE TOWN OF ITHACA PUBLIC
WORKS FACILITY
WHEREAS , The Town of Ithaca on July 197 2002 received bids for HVAC Work for
the Addition and Alterations of the Town of Ithaca Public Works Facility at 106 Seven Mile
Drive , and ;
WHEREAS , Rainbow Sheet Metal , Inc . , 33 Brookside Avenue , Endwell , NY , submitted the
apparent low base bid for HVAC work of $ 174 , 560 . 00 with a deduction of
$5 , 778 . 00 for deletion of the washbay , and ;
WHEREAS , the Town Engineer has reviewed the bid and qualifications of the Contractor and
found them satisfactory , and ;
f
WHEREAS , they Town Board has determined that the washbay must be deleted from the
construction contract to stay within the approved project budget , and ;
WHEREAS , the Value of the HVAC Contract with the deletion of the washbay is
$ 168 , 782 . 00 , which is within the approved project budget , now
I
THEREFORE , BE IT
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award of the
co i tract for HVAC work to Rainbow Sheet Metal , Inc . , 33 Brookside Avenue ,
Endwell , NY, for the contract amount of $ 168 , 782 . 00 for construction of the
AdIdition and Alterations of the Town of Ithaca Public Works Facility without the
washbay subject to final approval of the contract documents by the Town
Engineer and the Town Attorney .
MOVED : Supervisor Valentino
SECONDED : Councilman Lesser
i
22
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July 29 , 2002 Special Meeting
Approved September 12, 2002
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
• Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion carried
unanimously .
TB RESOLUTION AIO. 2002- 120 - AUTHORIZATION FOR AWARD OF THE ELECTRICAL
CONTRACT FOR ADDITION AND ALTERATIONS OF THE TOWN OF ITHACA PUBLIC
WORKS FACILITY
WHEREAS , 'The Town of Ithaca on July 19 , 2002 received bids for Electrical work for
the Addition and Alterations of the Town of Ithaca Public Works Facility at 106 Seven Mile
Drive , and ;
WHEREAS , Knapp Electric , 12 Waterford Lane , Auburn , NY 13021 , submitted the apparent
low base bid for Electrical Work of $ 128 , 455 . 00 with a deduction of $5 , 500 . 00 for
deletion of the washbay , and ;
WHEREAS , the Town Engineer has reviewed the bid and qualifications of the Contractor and
found them satisfactory , and ;
WHEREAS , the Town Board has determined that the washbay must be deleted from the
construction contract to stay within the approved project budget , and ;
WHEREAS , the Value of the Electrical Contract with the deletion of the washbay is
$ 122 , 955 . 00 , which is within the approved project budget , now
THEREFORE , BE IT
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award of the
contract for Electrical Work to Knapp Electric , 12 Waterford Lane , Auburn , NY
13021 , for the contract amount of $ 122 , 955 . 00 for construction of the Addition
and Alterations of the Town of Ithaca Public Works Facility without the washbay
subject to final approval of the contract documents by the Town Engineer and the
Town Attorney .
MOVED : Councilman Burbank
SECONDED : Councilwoman Russell
• VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion carried
unanimously .
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July 29 , 2002 Special Meeting
Approved September 12, 2002
Supervisor Vale tino stated that the total of the bid awards to the 4 contractors is •
$ 1 , 5847256 . 00 .
Councilman Niederkorn asked when they would start work . Mr. Noteboom stated that the
Town will be sending out the award contracts and contractors will let us know how soon thy
can start . He felt, it would probably be in August .
i
Councilman Niederkorn asked if there were problems with the rest of the bids? Attorney
Barney stated that every single one of them had a technical defect , but the Town has the
authority to waive those defects .
TB RESOLUTION NO. 2002 421 - AUTHORIZING AN INCREASE IN THE EXPENDITURES
FOR THE RENOVATION AND EXPANSION OF THE TOWN PUBLIC WORKS FACILITY
AND AUTHORIZING THE EXPENDITURES OF FUNDS FROM CURRENT REVENUES
AND SURPLUS I FOR SUCH INCREASED COST
At a special meeting of the Town Board of the Town of Ithaca , Tompkins County , New
York , held at the Town Hall , at 215 North Tioga Street , Ithaca , New York , in said Town , on
July 29 , 2002 , atl 5 : 30 o ' clock p . m . , Prevailing Time .
The meeting was called to order by Supervisor Valentino , and upon roll being called ,
the following were
PRESENT : Supervisor Catherine Valentino
Councilwoman Carolyn Grigorov
Councilwoman Mary Russell
Councilman William Lesser
Councilman Thomas Niederkorn
Councilman Will Burbank
ABSENT Councilman David Klein
AUTHORi IZING RESOLUTION DATED JULY 29 , 2002
WHEREAS , the Town Board of the Town of Ithaca on April 8 , 2002 , authorized ,
subject to a pe ,missi
r ve referendum , the expenditure of up to $ 1 , 800 , 000 for the renovation
and expansion of the Town Public Works facility at 106 Seven Mile Drive , Ithaca , New York ;
and
WHEREAS , no referendum was requested , and accordingly the Town authorized the
architect and the Director of Engineering to solicit bids for the project ; and
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July 29 , 2002 Special Meeting
Approved September 12 , 2002
WHEREAS , the Town Board has received bids for the work , and the costs of the bids ,
• together with other amounts related to the work , exceed $ 1 , 800 , 000 , even after a deduction
has been made by deleting the proposed wash bay; and
WHEREAS , rather than further reduce the scope of the project , and in order to provide
for a reasonable contingency in the event unforseen circumstances arise during the progress
of construction that would require additional funds , the Town Board believes it advisable to
increase by $226 , 8. 2 . 00 the authorized expenditure for such project ; and
WHEREAS , the renovation , remodeling and expansion of the building has been
determined to be a "Type I Action " pursuant to the laws and regulations of the Town of Ithaca
adopted pursuant to the State Environmental Quality Review Act and the regulations of the
New York State Department of Environmental Conservation promulgated thereunder, the
implementation of which as proposed , the Town Board has determined , will not result in any
significant environmental effects ; and
WHEREAS , it is now desired to authorize the increase in expenditures for the project ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Ithaca as
follows :
Section 1 . The Town of Ithaca hereby authorizes the expenditure of an
additional $226 , 832 . 00 for the previously authorized renovation of the Town Public
Works Facility at 106 Seven Mile Drive , Ithaca , New York ; the previously authorized
expansion of such facility by the construction of approximately 16 , 000 additional
square feet to include new offices , breakroom , conference room , maintenance bay ,
wash bay , and storage space ; the previously authorized equipping of such additional
spaces ; and the previously authorized related site work ; all of said actions being
authorized pursuant to Section 220 of the Town Law .
Section 2 . The Town of Ithaca , subject to the approval of the voters of the
Town of Ithaca if a referendum is requested , hereby authorizes the expenditure of an
additional $226 , 832 for such renovation , expansion , and equipping of such building
and the payment of all costs incident thereto , including architects fees , consulting
fees , attorneys fees , bidding costs and any other related costs , all of said actions
being hereinafter collectively referred to as the " Project " and all of such actions being
authorized pursuant to Section 220 of the Town Law .
• Section 3 . $2 , 026 , 832 is now estimated as the maximum cost for Project .
Section 4 . The plan for the financing of the Project is amended to consist of
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July 29 , 2002 Special Meeting
Approved September 12, 2002
( a) As previously authorized , the expenditure of all of the funds in the •
" Capital Reserve Fund Town Highway Garage and Administration Building "
established by Town Board Resolution Number 169 adopted November 9 , 2000
with a balance of approximately $ 181 , 000 as of the date of this resolution ,
towards the costs of the Project ; and
( b) As previously authorized , the issuance of General Obligation
Serial Bonds of the Town in the. principal sum of not more than $800 , 000 . 00 , to
be issued pursuant to the Local Finance Law for a portion of the remaining
costs of the Project ; and
(c) Payment from budgeted revenues and from surplus funds of the
Town of the balance of the remaining costs of such renovation , expansion ,
conistruction and equipping costs .
Section 5 . The Town Board reaffirms the findings , determinations ,
commitments , obligations , authorizations , and delegations set forth in Sections 5 , 6 , 7 ,
81 91 10 , 11 , 121 13 , and 14 of the Town Board ' s resolution of April 8 , 2002 , originally
authorizing the expenditure of funds for such renovation , expansion and related
activities .
Section 6 . Within 10 days after the adoption of this resolution by the Town
Board , the Town Clerk shall , as set forth in Section 90 of the Town Law , post and
publish a (notice which shall set forth the date of the adoption of this resolution and .
contain an abstract of this resolution , concisely stating the purpose and effect thereof .
Such notice shall specify that such resolution was adopted subject to a permissive
referendu .
Section 7 . This resolution shall take effect immediately , unless a referendum is
requested, in which event it shall take effect , if approved at such referendum , upon
such approval .
Section 8 . This resolution is adopted subject to a permissive referendum
pursuant to Town Law Section 220 .
The question of adoption of the foregoing resolution was duly put to a vote on a roll
call , which resulted as follows :
Supervisor Valentino Voting Ave
Councilwoman Grigorov Voting Ave
Councilwoman Russell Voting Ave
Councilman Lesser Voting Ave
26
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July 29 , 2002 Special Meeting
Approve! September 12 , 2002
Councilman Niederkorn Voting Ave
Councilman Burbank Voting Ave
The resolution was thereupon duly adopted .
Agenda Item No . 1 ? — Consider Authorizing the City of Ithaca to Use Town ' s Share of
the SJS Unappropriated Fund Balance to Pay Town ' s Share of SJS Operations and
Maintenance Budgeit for 2002
Supervisor Valentino, explained to the Board that , according to the Joint Sewer Agreement ,
remaining fund balances are to be returned to the contributing municipalities at year-end .
The City has not been doing this . They have been holding on to the fund balances .
Supervisor Valentino has asked Steve Thayer to pull together information for a meeting to
address this problem to be held when Mayor Cohen returns from the Ukraine . To recoup that
money , Supervisor Valentino asked the Board to authorize her to withhold payment for the
Town ' s share of the SJS Operation and Maintenance expenses for the balance of 2002 .
TB RESOLUTION IVO. 2002 422 - AUTHORIZE TOWN SUPERVISOR TO WITHHOLD
PAYMENT DUE THE CITY OF ITHACA
RESOLVED , that the Town Board hereby authorizes the City of Ithaca to take from the
Town ' s share of the Special Joint Sewer Committee' s surplus funds the amounts due from
the Town for the Town ' s share of the SJS Operation and Maintenance expenses for the
balance of the year 2,002 , such amounts to be applied quarterly on the quarterly due dates for
the payments due from the Town ; and it is further
RESOLVED , that thE� Town Supervisor is authorized and requested to direct the City to make
the payments set forth above and to advise the City of the amount to be transferred each
quarter.
MOVED : Supervisor Valentino
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye ; Councilman Lesser. Motion
carried unanimously .
• Other Business
27
i
July 29 , 2002 Special Meeting
Approved September 12, 2002
Cable Franchise Negotiations — Supervisor Valentino told the Board that the cable
franchise agreement has to be approved by October 11th . It looks as though the County will
not have the $300 , 000 + to contribute to the I - NET franchise and appears to be backing away
from the consortium . The City is saying that , without the County' s money , there is no reason
for them to continue with the negotiations . The Board discussed the Town joining with some
of the other municipalities to continue negotiations without the County and the City . The
municipalities would share equally in the cost of a consultant .
Councilman Burbank asked for assurance that Town residents would be provided with
community access . Supervisor Valentino told him that she is working to keep that option
open through an arrangement with the City .
Executive Session to Discuss a Personnel Issue and a the Sale of Real Property
On motion by Supervisor Valentino , seconded by Councilwoman Grigorov , the Board went
into executive session at 7 : 20 .
On motion by Councilwoman Grigorov , seconded by Councilwoman Russell , the Board
returned to regular session at 8 : 05 p . m .
Adjournment
On motion by Councilman Niederkorn , seconded by Councilman Burbank , the meeting was
adjourned at 8 : 06 p . m .
Respectfully submitted ,
CLf ,0��
Tee-Ann Hunter
Town Clerk
Next regular meeting scheduled for August 12, 2002.
28
TOWN OF ITHACA
TOWN BOARD
SIGWIN SHEET
DATE : Monday , July 29 , 2002
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TOWN OF ITHACA 2002 BUDGET 7/24/02 1st draft using Option 2
NON -CLASSED EMPLOYEES Approved % : 3 . 50 %
,.:.
EMPLOYEE 2002 BUDGET Proposed % increaS
Town Justices
Larkin , Clarence $ 13 , 560 . 00 $ 14 , 050 . 00 3 . 61 %
Bordoni , Ray $ 13 , 560 . 00 $ 14 , 050 . 00 3 . 61 %
Town Board C Per member for year $ 79100 . 00 $ 79350 . 00 3 . 52%
Elected Officials (6 members ) $ 42 , 600 . 00 $ 44 , 100 . 00
Town Supervisor/Fiscal Officer ( — 30hrs/wk ) $ 32 , 550 . 00 $ 332700 .00 3 . 53%
Deputy Town Supervisor ($ 10 . 2' 5hr x 25hrs/wk ) $ 12 , 200 . 00 $ 13, 325 .00 9 . 22 %
Receiver of Taxes
Kelley, Deborah $ 51000 . 00 $ 5, 175 . 00 3 . 50%
Planning Board Members
Per Meeting : $ 62 . 75 $ 64 . 95 3 . 50 %
Per meeting x 24 meetingsx 6 members $ 91036 . 00 $ 91352 . 26
C Per Meeting : $ 68 .00 $ 70 .40 3 . 53 %
Planning Chairman (24meetings ) $ 11632 .00 $ 11689 . 60
Ceee rd Members
Per Meeting : $ 62 . 75 $ 64.95 3 . 50%
ng x 15 meetings x 6-members $ 41706 . 25 $ 41870 . 97
Total Non -Classified : $ 129 , 844 . 25 $ 140, 312 . 83 8 . 1 %
RECAP w/o rounding Est. Salaries
Actual 2002 Budget 2003 Budgeted Difference % CHANGE
Non -Classified (elected ) $ 129 , 844 . 25 $ 140 , 312 . 83 $ 10 , 468 . 58 8 . 1 %
Personnel $ 1 , 903 ,209 . 37 $ 21042 ,455 .40 $ 139 , 246 . 03 7 . 3 %
TOTAL $ 21033 , 053 . 62 $ 291829768 . 23 $ 149 , 714 . 61 7 . 36%
RECAP from line item budgets w/rounding Adopted Budget
Salary Budgets for % increase for . 100 & . 101
2003 6 . 97% $ 21186 ,000 . 00
2002 8 . 19% $ 2 , 043 , 650 . 00
2001 19 . 23% $ 1 , 889 ,026 . 62 *includes 7/01 reclass
2000 1 . 95 % $ 11584, 308 . 22
1999 12 . 02 % $ 1 , 553 , 955 . 00
1998 4 . 49 % $ 11387 , 212 . 00
1997 7 . 57 % $ 1 , 327 , 588 . 00
1996 5 . 81 % $ 11234 , 127 . 00
1995 9 . 59% $ 11166 , 399 . 00
1994 1 . 82 % $ 11064 , 318 . 00
1993 $ 11045 , 275. 00
3.5% estimates
OPTION 2 RAISES2003 budget Prepared Dy Judy Orake725/02
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TBM 7 / 29 / 02 ATTACHMENT # 2
9 Orchard Hill Road
Ithaca, New 'York 14850
Catherine Valentino, Supervisor, Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
Dear Catherine,
We are writing regarding the need for sewer service for tax parcel 24 . -4-2 : the Hayts
Schoolhouse and Chapel ("First Abolition Church"), opposite the Professional
Building on Trumansburg Road.
During the many years we have owned these buildings (since 1970) we have repeatedly
appealed , in writing and in appearances before the Board, asking that these two
buildings be included in the Town' s sewer improvement projects on West Hill .
The parcel , approximately 1/2 acre, holds these two actively used buildings (one a
residence), each still served by its original septic tank. The lot size is inadequate to
accommodate a proper septic system should there be a failure in the original waste
disposal on which the functioning of these buildings presently depends.
Sewer has beCri extended to numerous properties on Trumansburg Road, both North
and South of the schoolhouse and chapel . We appeal again to the Town to include
these two buildings in plans for sewer service.
We have restored both buildings (despite that we were advised when we acquired the
property to tear down the schoolhouse which was the more seriously vandalized
structure) . We restored them with careful regard to their original appearance and
function, interior as well as exterior. We had them registered as historic buildings in
order to protect them for the future; these buildings are in many historic accounts of
Tompkins County and the Town has acknowledged the significance of these buildings
with an historic marker.
In conclusion : the old waste disposal is a threat to the continuing future usefulness of
the buildings . We hope the Town will respond positively to this appeal for a sewer
connection to the property. Thank you.
Sincerely,
Salvatore Grippi & Rosalind Grippi
Cc : Town Board Members :
Mary Russell , Carolin Grigerov, David Klein,
Tom Niederkorn, William Lesser, Will Burbank
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. TbM 7 / 29 / 02 ATTACHMENT # 3
ENGINEER' S REPORT
PROPOSED
TRUM.ANSBURG ROAD SANITARY SEWER EXTENSION
OF I as_ .
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TOWN OF ITHACA
TOMPKINS COUNTY, NEW YORK
JULY 2002
Prepared By .
Creig Hebdon
Asst. Town Engineer
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ENGINEERING REPORT
TRUMANSBURG ROAD SANITARY SEWER EXTENSION
100 INTRODUCTION
In response to a request by several residents to extend public sewer to Hayts Road on the
west side of Trumansburg Road, the Town Engineer has prepared Plans and an engineering
report for the proposed Extension of the sanitary sewer which currently ends at the West Hill
Fire Station. The proposed improvement consists of the installation of 2673 linear feet of 8" PVC
sewer pipe and 9 precast concrete manholes . The sewer extension will connect to an existing
manhole at the West Hill Fire Station .
The Trumansburg Road sewer service area (see map Trumansburg Road Sanitary Sewer
Service Area in appendix) includes approximately 229 services serving approximately 700
residents. The Service Area also contains Cayuga Medical Center, The Biggs Complex , Altera,
Lakeside Nursing Home, Candlewyck Apartments, The Paleontological Research Institution
Broome Developmental Center, Rebecca Hall , and various medical offices . The zoning is R15
and R30 with some special districts .
2 .0 PROPOSED PROJECT SERVICE AREA
The proposed sewer extension service area (see map Trumansburg Road Sanitary Sewer
Area in appendix) is along the west side of Trumansburg Road (State Rt. 96) from the end of the
existing sewer to Hayts Road . The current zoning within the proposed service area is R- 15 . A
10" sewer that runs back lots from the Hospital to the City Line currently serves the area on the
East side of Trumansburg Road . This sewer extension is considered an infill project to complete
sewer service in an area designated for moderate density development.
The Proposed Sewer Extension will serve the following five tax parcels :
TAX PARCEL AREA FRONTAGE OWNER USE
24 . -4-2 . 5 ac 193 ft Grippe Multi Res
24 . -4-5 . 1 4 . 42 ac 309 ft NYSEG Elec Sub
24 . -4-5 .2 34 . 05 ac 681 ft Cornell Univ Vacant
24 . 4-53 1 . 21 ac 199 ft Ecker Residential
24 . 4- 14 .2 48 ac 1037 ft Kyong Med Office
All properties currently have access to a public water main .
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3 .0 NEEDS EVALUATION
The owners of one of the properties, which include two of the existing residences, have
requested the extension of the public sewer because the property has an inadequate on site
sewage disposal system. and the parcel is too small for installation of a replacement system.
The current R- 15 zoning allows the 2 larger parcels to be subdivided into more residential lots .
4 .0 ENGINEERING DESIGN CONSIDERATIONS
The existing Topography rises to the north and west and the sewer will serve all
properties by gravity. The proposed sewer is an extension of the Trumansburg sewer main,
which drains into the City of Ithaca gravity sewer system in lines that are considered Joint
Interceptors . Maximurn future sewage generation in the service area for this extension, assuming
full build out is estimated at 40,000 gallons per day, and the Town of Ithaca has sufficient
capacity in the IAWWTF to accept this flow .
The installation of this pipe would be outside of the State ROW on Trumansburg Road .
Easements for each of the Property owners would be obtained before construction.
5 .0 PRELIMINARY COST ESTIMATE
A preliminary engineers estimate has been prepared and the total estimated cost of the
proposed Sanitary Sewer Line, including engineering and administration is $ 160,000.
690 BENEFIT ASSESSMENT ANALYSIS
The following properties have been listed on the special district roll under the SD300
category, which indicates no direct access to public sewer. After extension of the sewer main
these properties will have direct access and will be listed under the served category of S13301 .
Benefit assessment is based on frontage for vacant land and large parcels and the number of
living units for developed parcels with frontage less than 200 feet .
TAX PARCEL AREA FRONTAGE USE SEWER UNITS
24 . 4-2 . 5 ac 193 ft Multi Res 2
24 . -4- 5 . 1 4.42 ac 309 ft Elec Sub 1
24 . 4-53 1 12 1 ac 199 ft Residential 1
24 . -4- 14 . 2 48 ac 1037 ft Med Office 5_1
TOTAL ADDITIONAL. SEWER UNITS 9 . 1
1 :\Projects\W&S 2002 West\Hayts\Engineer's Reportedited .doc Last printed 7/29/02 4 :09 PM
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Project : TRUMANSBURG ROAD SEWER EXTENSION
DRW 7/26/02
Design Auth : 4/ 1 /02
Design Complete : 7/3/02
Design Approval : 7/8/02
Bid Date : 8/7/02
Construction Start:: 8/26/02
Final Acceptance : 12/ 15/02
DESCRIPTION PRELIMINARY ENGINEERS CONTRACT FINAL COST
BUDGET ESTIMATE
7/ 1 /02
PLAN DEVELOPMENT
LEGAL $ 21000 . 00
SURVEY $ -
R . O .W . ACQUISITION $ -
ENGINEERING DESIGN $ -
CONTRACT DOCUMENTS $ 11500 . 00
BIDDING PROCESS $ 19000 . 00
CONST . CONTRACT $ 140 , 000 . 00
CO NTRACT AD M I N $ 19000 . 00
INSPECTION $ 21000 . 00
TESTING $ 11000 . 00
TOWN FORCES $ 51000 . 00
TOTAL COST $ 153 , 500 . 00
ADOPTED RESOLUTION $ Recommendation Regarding Trumansburg Road
Sanitary Sewer Extension
Capital Projects & Fiscal Planning Committee
July 26, 2002
Motion made by Mary Russell , seconded by Catherine Valentino .
RESOLVED :
That the Town of Ithaca Capital Projects & Fiscal Planning Committee hereby recommends that
the Town Board approve the proposed Trumansburg Road Sanitary Sewer Extension for the
2002 Fiscal Year, as described in the Engineer ' s Report dated July 2002 , modified to extend the
sanitary sewer only as far as the southeast corner of Tax Parcel No . 24 . 4-2 (Grippe), and
BE IT FURTHER RESOLVED :
That the Town of Ithaca Capital Projects & Fiscal Planning Committee hereby recommends that
the Town of Ithaca Town Board consider ways to encourage appropriate development for the
area to be served by the sanitary sewer extension , including, but not limited to , possible
amendment to the Town of Ithaca Comprehensive Plan or revision of the Town of Ithaca Zoning
Map .
There being no further discussion , the Chair called for a vote .
AYES : Russell , Valentino , Grigorov , Carvill , Kanter, Noteboom , Walker.
NAYS : None .
The motion was declared to be carried unanimously.
94-75
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Jonathan Kanter, AICP
Director of Planning
Town of Ithaca
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s TBM 7 / 29 / 02 ATTACHMENT # 4
ARCHIVE COPY
ENGINEER' S REPORT
PROPOSED Agenda
BURNS ROAD WATER MAIN EXTENSION
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TOWN OF ITHACA
TOMPKINS COUNTY, NEW YORK
APRIL 2002
Prepared By :
Daniel R. Walker PE
Town Engineer
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BURNS ROAD WATER MAIN ENGINEERING REPORT
1 .0 INTRODUCTION
This Engineer' s Report has been prepared in response to a request by several
residents to provide public water to the west end of Burns Road. The proposed
improvement is an 1800 foot long, 8 " diameter Ductile Iron Pipe water main on Burns
Road connected to the existing water main on Coddington Road. A project location map
is included as Figure 1 .
10 PROPOSED PROJECT SERVICE AREA
The proposed service area or the project is shown on the attached map entitled
"Burns Road Water Main" . The planning area includes the properties along
approximately 2000 of Burns Road starting at Coddington Road.
The current zoning in the proposed service area is R30 for the first 100 feet from
Coddington Road, and for the existing building lots on the South Side of Burns Road.
The Remainder of the area is zoned CD, as part of the Six Mile Creek area.
The 'service area is split by an old railroad grade currently owned by NYSEG.
The Town If Ithaca South Hill recreation way is located on the railroad grade and
terminates on the east side of Burns Road.
Eight tax parcels abut the proposed water main, and seven of the parcels have
residences constructed on them. Two of the parcels also abut Coddington Road and
currently hale access to a public water main . The five existing residences that do not
have access to public water are supplied by wells of various types and depths . All of the
properties are served by on site sewage disposal systems, as public sewer service is not
available in the area.
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390 NEEDS EVALUATION
The owners of four of the existing residences have requested the extension of the
public water to their properties because of significant water quality and quantity
problems . Problems identified by the residents are severe iron concentrations, sulfur and
significant amounts of natural gas . Bacterial contamination has also been a problem
requiring the installation of treatment systems in the homes . One of the homes is
includes a child day care . Based on this information, a public water supply would be
beneficial to the residents .
4 .0 ENGINEERING DESIGN CONSIDERATIONS
The existing Coddington Road water main is part of the Ridgecrest Tank Service
Area, which is supplied by the Bolton Point Water System transmission main. The
Service area has a 500,000-gallon storage tank with sufficient capacity to serve Burns
Road . The estimated maximum demand for this water improvement will not exceed 3000
gallons per day, assuming that the maximum development potential would be 10
residential units in the area.
Installation of the water main as proposed would be within or adjacent to the
Burns Road Right of Way.
The project would include installation of 4 fire hydrants, which would improve
fire protection for the residential area.
5.0 PRELIMINARY COST ESTIMATE
A preliminary engineers estimate has been prepared and the total estimated cost of
the proposed water main, including engineering and administration is $ 110,000 .
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TOWN OF ITHACA
:PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : JONATHAN KANTER, DIRECTOR OF PLANNING
RE : 13URNS ROAD WATER MAIN EXTENSION —
ENVIRONMENTAL & AGRICULTURAL IMPACT REVIEWS
DATE : JULY 22 , 2002
This memo is being provided to the Town Board as a follow-up- to the July 8th Town
Board discussion regarding the proposed Burns Road Water Main Extension . The
presence of County Agricultural District No . 1 in this area involves a more in-depth
environmental review process and the filing of a Notice of Intent relative to potential
agricultural impacts . This is also a confirmation that the proposed water main and all of
the parcels that would be served are situated within County Agricultural District No. 1 ,
which also includes additional lands within the Town of Ithaca along Coddington Road .
The basic procedures are outlined below.
SEQR/Environmental Review :
The proposed Burns Road water main extension appears to be a Type I action, since this
involves a non-agricultural use occurring wholly or partially within County Agricultural
District No . 1 . The New York State Department of Agriculture and Markets is probably
the only other involved agency, although there may be several interested agencies ,
including the County Agriculture and Farmland Protection Board . Type I actions require
at minimum the preparation of a Long Environmental Assessment Form and coordinated
review with any other involved agencies . To initiate this review, the Town Board
needs to propose itself as lead agency and request concurrence of other involved
agencies. To accomplish this, a draft resolution is attached for the Board ' s
consideration at the Special Meeting on July 29, 2002 : Upon adoption of this
resolution , a memo indicating the Town Board ' s intent to serve as lead agency and
requesting concunrence will be sent to potentially involved and interested agencies .
Those agencies then have 30 days to respond with comments or objections to the Town
Board serving as lead agency.
Planning staff proposes to prepare a Long Environmental Assessment Form ( EAF) , Parts
I and II , and present that to the Town Board for a determination of environmental
significance . Such a determination could not be made until after hearing back from other
involved agencies , or at least 30 days from the date of notification of intent to serve as
the Commissioner makes an initial determination of adverse impact , then the
Commissioner may within the 45 day review period issue an order directing the
local government not to fund or undertake the proposed action for an additional
period of 60 days , and review the proposed action further to determine whether there are
any reasonable alternatives which would minimize or avoid the adverse impacts .
The Commissioner may hold a public hearing during this review process . After this
review, if the Commissioner concludes that reasonable and practicable altemative(s) exist
which would minimize or avoid adverse impacts of the proposed action , then the
Commissioner shall propose that such alternative action (s) be accepted by the local
government . If the local government accepts the Commissioner ' s proposal , then the
requirements of the notice of intent filing shall be deemed fulfilled . If the local
government rejects the Commissioner ' s proposal , then it shall provide the Commissioner
with reasons for rejecting such proposal and a detailed comparison between its proposed
action and the Commissioner ' s altemative( s) .
At least 10 days before commencing an action which has been the subject of a notice of
intent filing, the local government shall certify to the Commissioner that it has made an
explicit finding that the requirements of Article 25AA have been met , and that to the
maximum extent practicable , adverse agricultural impacts revealed in the notice of intent
process will be minimized or avoided , along with the reasons supporting such finding.
The Commissioner may request the Attorney General to bring an action to enjoin any
local government from violating any of the provisions of Article 25AA .
Conclusion :
What does all of the above mean ? The environmental review is fairly straightforward ,
and is similar to many of those conducted by the Town Board in recent years . The
agricultural impact statement/notice of intent process is more complex and involves
specific timeframes . It appears that the minimum timeframe to plan on prior to
authorizing the funding for the Burns Road water main project would be 65 days from
the filinp, of the final notice of intent . The final notice of intent may be ready for the
Board ' s review and consideration at the August 12 `h meeting . This , however, depends on
staff vacation schedules and availability of information needed to prepare the notice of
intent/agricultural impact statement . It is evident upon reviewing the requirements in
Article 25AA that this timeframe can get extended at several points, depending on
determinations made by the Commissioner of Agriculture and Markets . Therefore,
it appears that the soonest the Town Board could expect to authorize funding for this
project would be October 17 , 2002 ( or at the soonest Town Board meeting thereafter) .
This follow-up is scheduled for discussion at the Special Town Board meeting on July
29 , 2002 . Please review the above information prior to the meeting . Meanwhile , please
feel free to let me know if you have any questions regarding this matter .
Att .
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