HomeMy WebLinkAboutTB Minutes 2002-08-12 REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY , AUGUST 12 , 2002 AT 5 : 30 P . M .
215 NORTH TIOGA STREET , ITHACA, NY
AGENDA
1 . Call to Order .
2 . Pledge of Allegiance .
3 . Report of Tompkins County Board of Representatives .
4 . Report of Board of Fire Commissioners .
5 . Persons to be Heard .
6 . Consider Setting a Public Hearing Regarding Burns Road Water Line .
7 , Burns Road Water Improvement — Draft Notice of Intent for Agricultural Impact
Reviews .
8 . Consider Approval of Plans and Specifications and Authorization to Go to Bid for
the West Hill 2002 Water and Sewer Improvements
9 . Consider Approval of Budget Amendment for the Transfer and Establishment of
Capital Project — Public Works Facility Renovation and Construction
10 . Discussion of Health Insurance Request for Proposals .
11 . 6 : 30 - Public Hearing - Local Law Electing a Retirement Incentive Program
12 . SEQR - Local Law Electing a Retirement Incentive Program
13 . Adoption of a Local Law Local Law Electing a Retirement Incentive Program
14 . Consider Employee Wage Scale for 2003 .
15 . Discussion of the 2003 Downtown Business Improvement District Assessment
16 . Consider Resolution of Support for Tompkins County Area Development' s
Application for Designation of Certain Areas Within Tompkins County as an Empire
Zone .
17 . Authorize Payment of $ 1 , 000 to Cable Franchise Negotiator
18 , Consent Agenda
a . Town Board Minutes
b . Town of Ithaca Warrants
c . Bolton Point Warrants
e
d . Job Reclassification of Network Records Specialist
e . Fall Brush and Leaf Pick- Up
f. Snow and Ice Removal Contract
19 . Report of Town Committees
a . Purchase of Development Rights Committee
b . Capital Planning Committee
c . Cayuga Lake Watershed Intermunicipal Organization
d . Codes and Ordinances Committee
e . Fire Contract Negotiating Committee
f. Personnel Committee
g . Public Works Committee
h . Safety Committee
i . Sewer Contract Committee
j . Special District Benefit Assessment Committee
k . Transportation Committee
20 . 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/ Record Specialist
i . Attorney for the Town
21 . Review of Correspondence .
a . 7/27/02 letter from Mary Ann and Brian Pitzer
b . 7/3/02 letter from Assemblyman Luster re Stone Quarry Road
c . 7/22/02 letter from Jon Edinger, NYS DOT , re Stone Quarry Road
d . 7/ 19/02 letter from Norman Bagley , Office of the State Comptroller, re Stone
Quarry Road
e . 7/ 18/02 letter from Representative Hinchey re Stone Quarry Road
f. 7/25/02 fax from Bob Nicholas re Water Damage Claim
g . 7/24/02 letter from Ruth Mahr re water bill
h . 7/ 17/02 funding request from Gadabout
i . 8/ 1 /02 funding request from Tompkins County Senior Citizens Council
j . 7/ 12/02 letter from Jim Adams , Cornell , regarding Lake Source Cooling Data
Sharing
k . Cayuga Heights Fire Department Monthly Report for June 2002
I . Tompkins County Sheriff' s Department Annual Report
22 . Consider Adjournment .
Additional Agenda Items
1 . Consider Approval of Budget Transfers , Amendments , and Modifications
2 . Consider Authorization to Withdraw from the Tompkins County TV Cable
Consortium
3 . Consider Authorization to Pay Town of Ithaca 's Obligation of the cable Consortium
Contract for Reimbursement of Consulting Costs
4 . Rescission of Award of the HVAC Contract to Rainbow Sheet Metal , Inc . for the
Addition and Alterations of the Public Works Facility
5 . Authorization to Award HVAC Contract for Addition and Alterations of the Public
Works Facility
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY , AUGUST 12 , 2002 AT 5 : 30 PM
• 215 NORTH TIOGA STREET, ITHACA, NY 14850
THOSE PRESENT : Councilwoman Russell , Councilwoman Grigorov , Councilman Klein ,
Councilman Lesser, Councilman Burbank , Councilman Niederkorn .
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; Andy Frost , Director of Building and
Zoning ; Al Carvill , Budget Officer
EXCUSED : Supervisor Valentino
CALL TO ORDER : The meeting was called to order at 5 : 35 p . m . and Councilwoman Russell
led the assemblage in the pledge of allegiance .
AGENDA ITEM NO . 3 — Report of Tompkins County Board of Representatives
Tim Joseph appeared before the Board reporting for the Tompkins County Board of
Representatives.
Mr. Joseph discussed the County applying for an Empire Zone even though Tompkins
County did not qualify due to a low unemployment rate . The County is a job center for
surrounding counties with high unemployment rates . Mr. Joseph feels Tompkins County has
a very good plan for an Empire Zone . He encourages the Town of Ithaca to support it .
Mr. Joseph explained the County District Attorney sent all towns in Tompkins County a letter
regarding potential budget cuts to his department . The letter suggested towns would have to
pickup prosecution in Town Court . Mr. Joseph sent a response letter. He made it clear that
prosecution of all crimes and offensives is a District Attorney responsibility under State Law .
He ' s interested in hearing from the Town regarding what services matter to the Town of
Ithaca . Mr. Joseph cautioned the board regarding people lobbying for program funding .
Councilwoman Russell thanked Mr. Joseph for his letter. She explained that she and
Supervisor Valentino had discussed commenting on the District Attorney situation .
Councilwoman Russell and Supervisor Valentino decided to stay out of the discussion
because they do not know the facts . Board members are free to take a personal position on
any issue . Councilwoman Russell felt it was not appropriate for the board to be lobbying for
• County department heads .
Mr. Joseph responded the County Board would like to make known to the public , programs
and funding that may be cut . Public input should be part of what guides the board . He does
not want to discourage people from commenting , but wants to encourage them to understand
the issue further .
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August 12 , 2002 Town Board Meeting
Approved Sepremhei- 9, 2002
Councilwoman Russell wished Mr. Joseph luck with the tough job ahead of him and the
County Board .
AGENDA ITEM NO . 4 — REPORT OF FIRE COMMISSIONERS (Attachment # 1 — written
re ort
Bob Romanowski appeared before the Board with the Commission ' s monthly report .
Councilwoman Russell asked Mr. Romanowski if he had any information on the legality of an
emergency charge . Mr. Romanowski responded they have a legal opinion by the City
Attorney . A section of municipal law allows providers of medical services to charge a fee for
their services . Ithaca is unique because it has a private ambulance and EMS service that
charges . The Fire Department responds to calls at the request of other agencies .
Councilwoman Russell stated the charge would be for the Fire Departments in going to the
call . Mr. Romanowski felt this is a tax payer funded service for the public . The Fire
Department is supported by tax payers . The emergency charge was discussed a few years
ago by the City Council . Mr. Romanowski expressed he would not want to send a bill to a
grieving family . Councilwoman Russell asked for a copy of the opinion by the City Attorney .
Mr. Romanowski explained it was stated fully on the Casey Show . This would also be a City
program the Town of Ithaca would have to buy into .
The Fire Department is looking for donations for a team of horses to pull the classic steamer
in the State Fair.
Councilman Lesser stated there was public discussion in Ontario , Canada regarding the
Professional Fire Fighter' s Union passing a requirement that their members could not be
volunteer firemen in other municipalities . He asked if there was anything like that in New
York . Mr. Romanowski replied it was a standing policy when he first came into the fire
service in Ithaca 1959 . Many paid firefighters in the City of Ithaca are volunteer firemen in
their community . Councilman Lesser asked if it was still policy . Mr. Romanowski responded
the policy still exists . It is one of the criteria for union membership .
Agenda Item No . 5 - Persons to be Heard .
Ken Ritter, 249 Coddington Road , appeared before the board to ask the status of the
negotiations for the cable commission . He spoke in support of maintaining a relationship with
the cable producer. It provides an alternative voice in the community and training to anyone
who wants to have a show . Mr . Ritter felt they should look for alternative funding , but not cut
the program .
Agenda Item No . 7 - Burns Road Water Improvement - Draft Notice of Intent for
Agricultural Impact Reviews (Attachment #2 — Notice of Intent to Undertake an Action
within an Agricultural District)
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August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Mr . Kanter mentioned to the board they have material on the draft notice of intent for
agricultural impact . This information was given to the board at the meeting .
Mr. Kanter explained after the last Town Board meeting they prepared and filed a preliminary
• notice of intent with the State Department of Agriculture and Markets . It was a basic
document describing the proposed waterline project . It gave generalized statements about
the area and what would be involved with the project . A draft final notice of intent was then
put together . They obtained a checklist of items from the State to be addressed in the final
notice of intent . Mr. Kanter is confident they meet the basic objectives of the notice . The
notice of intent will be finalized and sent to the State . It will initiate the process of the
agricultural impact assessment . State Law requires the final notice of intent be filed at least
65 days prior to initiating the proposed project . Mr. Kanter received comments from the State
after sending the preliminary notice of intent . The State was quick to respond .
The notice talked about the Burns Road parcels being located in the agricultural district and
contained analysis of development potential of the parcels . The notice also described the
surrounding areas and the lack of active farms . The waterline would not be extended to
areas outside the Town . The conclusion was no anticipated impact on agricultural lands
within the Agricultural District Number One . Board Member comments are welcome before
the final notice of intent is sent to the State .
Councilwoman Russell wanted to move the process forward in a timely way .
Agenda Item No . 6 - Consider Setting a Public Hearing Regarding Burns Road Water
Line.
Mr. Kanter explained the board could hold the public hearing in September to start the formal
hearing process and not take final action on the project . The Town could address SEQR at
the public hearing if comments are received from the State .
The public hearing was set for September 9, 2002 at 6:30 p. m.
TB RESOLUTION NO. 2002- 122 - 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 Regular 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 12th day of August, 2002, at
5:30 o 'clock P. M. Prevailing Time.
• PRESENT: Deputy Supervisor and Councilperson Mary Russell
Councilperson David Klein
Councilperson Carolyn Grigorov
Councilperson William Lesser
Councilperson Thomas Niederkorn
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August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Councilperson Will Burbank
ABSENT.- Supervisor Catherine Valentino
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
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 benefited by said Town of Ithaca
2002 Burns Road Water 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 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 Benefited Area .
WHEREAS, it is now desired to call a public hearing for the purpose of considering
said plan, report 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 209-q 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 1 . A public hearing will be held at 215 North Tioga Street, in said Town, on
the Stn 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
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Au , ust 12 , 2002 Town Board Mecting
Approved September 9, 2002
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.
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
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 209-q of the Town Law.
Section 3. This order shall take effect immediately.
The question of the adoption of the foregoing order was upon motion of Councilman
Klein, seconded by Councilwoman Grigorov, duly put to a vote on a roll call, which resulted
as follows:
Deputy Supervisor and Councilperson Russell Voting Aye
Councilperson Klein 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.
Agenda Item No. 16 - Consider Resolution of Support for Tompkins County Area
Development ' s Application for Designation of Certain Areas within Tompkins County
as an Empire Zone (Attachment #3 — program description )
Councilwoman Russell explained the board is being asked for a resolution of support . Areas
of the Town are included .
Mr. Kanter explained there was a meeting last week sponsored by Tompkins County Area
Development . This proposal is to apply for designation of an Empire Zone within Tompkins
County . There are no guarantees that the County would qualify for the designation . There
are possible benefits with the designation . It was based on existing uses and zoning . Therm ,
AXIOM and Genex properties were identified as possible sites . The Empire Zone comes with
tax abatement and tax settlement aspects . It can be used for business and residential
development .
Doug McDonald , City of Ithaca , explained the zones are large to meet State requirements .
The boundaries can be amended . The incentives are real property abatements and several
tax credits along with training programs . Companies that take advantage of the zoned areas
• are certified by the State . The tax benefits are between the company and the New York
State Department of Taxation and Finance . The County is surrounded by Empire Zones .
Councilwoman Russell asked what the likelihood is of Tompkins County getting the
designation . Mr. McDonald felt it is very slim Tompkins County will be designated in this
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Au�tyust 12 , 2002 Town Board Meeting
Approved September 9, 2002
round . There are only sixteen counties in the State that do not have an Empire Zone .
Tompkins County does not meet the statutory requirement of a high unemployment rate . The
secondary criteria are providing employment opportunities for areas with high unemployment .
Tompkins County meets the secondary requirement .
Councilman Niederkorn asked if another site could be substituted . Mr. McDonald responded
it could be added . This was done in a short time and some sites might have been
overlooked . The deadline for submission is August 30th . Mr. Kanter explained they talked
about two other sites at the workshop , one was Cayuga Medical Center and the other was
the Mancini Industrial Park . Mr. McDonald said they have to be very specific about acreage
and coordinates for the proposed zones . There are areas in Trumansburg , Groton , Dryden ,
around the airport and southwest Lansing included in the proposed zone .
Councilman Niederkorn explained the Codes and Ordinance Committee wanted to find
development for an area on West Hill that is getting the sewer line extension . He asked if
that area was considered . Mr. Kanter responded it would be a future area to consider. There
are many questionable unknowns about the area . It is not zoned for business development
and is not proposed by the COC for commercial or mixed development . Councilwoman
Grigorov asked if it could be amended next year. Mr. McDonald replied it could be amended
at anytime .
Councilman Burbank asked whose is responsible for generating development and
employment . Mr. McDonald responded it is the County' s responsibility . There needs to be a
work plan . Councilman Burbank asked about the penalties . Mr. McDonald did not know if a
zone loses its designation because of a lack of development . He was not sure how long the
State could continue to make communities whole for the real property tax rate . Councilman
Burbank asked if there are other possible downsides . Mr. McDonald responded there could
be greater administrative costs than the State could support for a successful zone .
Councilwoman Grigorov asked if they could be undesignated . Councilman Lesser responded
that commitments are made to tenants . Mr. McDonald explained the local administrator
would work with the company . Councilman Burbank expressed his concern about giving a
company a huge tax break . Councilwoman Grigorov asked if the tax abatements expired .
Mr. McDonald responded they are for ten years . Councilman Lesser explained the County is
at far more jeopardy than the Town would be .
Mr. McDonald said sales tax on building materials for the project are reimbursable , but is
taken care of by the State . Councilman Lesser responded capital improvements are not
taxed anyway . Attorney Barney said the IDA is tax exempt . The land is transferred to the
IDA . The IDA builds the building and does not have to pay sales tax . The property is then
given back .
Mr. McDonald said Martha Armstrong spoke with the IDA . The IDA' s consensus was that
they would not do anything to enhance the tax benefits the Empire Zone provides . Counties
that are desperate for development can do so .
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August 12 , 2002 Town Board Meeting
Approved September 9, 2002
TB RESOLUTION NOW 2002423- SUPPORTING AND CONCURRING WITH TOMPKINS
COUNTY AREA DEVELOPMENT'S APPLICATION FOR DESIGNATION OF CERTAIN
AREAS WITHIN TOMPKINS COUNTY AS AN EMPIRE ZONE
• WHEREAS, Section 961 of Article 18-B of NYS General Municipal Law authorizes application
by Tompkins County Area Development for designation of Tompkins County as an Empire
Zone within the meaning of said statute; and
WHEREAS, such designation could greatly benefit Tompkins County in that new businesses
would be encouraged to locate in the zone area, and existing businesses would be
encouraged to expand in the zone area and such new and expanded businesses would
generate new employment opportunities for Tompkins County residents; and
WHEREAS, Tompkins County intends to authorize submission of an application for
designation of areas within Tompkins County as an Empire Zone; and
WHEREAS, Tompkins County Area Development, in consultation with the Town of Ithaca
wishes to designate certain areas within the Town of Ithaca as part of the proposed Empire
Zone; and
WHEREAS, the Town of Ithaca is desirous of working with Tompkins County Area
Development through the Empire Zones Program to provide enhanced employment
opportunities for its residents; now therefore
BE IT RESOLVED, by the Town Board of the Town of Ithaca, that it fully supports and
concurs in the Tompkins County Area Development actions to authorize and submit an
application for an Empire Zone designation within the Town of Ithaca and other areas of
Tompkins County.
MOVED: Councilman Niederkorn
SECONDED: Councilman Lesser
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion
carried unanimously.
Agenda Item No . 19 - Report of Town Committees .
k . Transportation Committee (Attachment #4 — Memo from Kevin Denton and Maps
of Traffic Accidents)
• Kevin Denton , Planning Intern , presented a visual representation of past accidents in the
Town of Ithaca . Sheriff Meskill ' s office requested a plotted map for select areas in the Town
of Ithaca . The Transportation Committee requested the rest of the information be plotted . It
is a complete record of accidents recorded by the New York State Department of Motor
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August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Vehicles and Department of Transportation . The accidents resulted in injury or property
damage of $ 1 , 000 or more . The DMV accident report did not have a lot of location
information . Those accidents were not included in the map or database . The information in
the database includes all aspects of the accident .
This information fosters a multi -agency use including selective patrolling for the Sheriff' s
office and additional signage for the highway department . The data shows Ithaca is fairly
safe to drive in . Information was received from DOT . The information should be the same
because the same accident abstracts are being used . It was found that all the numbers did
not necessarily correspond . The problems could be worked out . It is important for this
project to continue . The Transportation Committee will be able to use this when planning . It
can be used to inform younger drivers .
Mr. Kanter thanked Mr . Denton for the work he did on the project . Combining the accident
data with the volume and capacity data is helpful to the Town . It gives a full picture of what is
happening on the road system . Councilman Lesser thanked Mr. Denton on behalf of the
Transportation Committee . The committee spent a lot of time getting the data . The
Transportation Committee is looking at hiring the Sheriff' s Office to do special patrolling of the
Town for particular problems . This is going to be the basis of identifying those areas .
Agenda Item No . 11 - Public Hearing = Local Law Electing a Retirement Incentive
Program (Attachment #5 — Affidavit of Posting and Publication )
Deputy Supervisor Russell opened the public hearing at 6:30 p. m. The Town Clerk had proof
of posting and publication.
Agenda Item No . 19k Cont ' d
Councilwoman Grigorov asked if time of day needed to be specified . Councilman Lesser
responded time and location needed to be specified . The database includes the time of
events . The data is available . Mr. Denton explained the Hanshaw Road intersection has the
largest volume of accidents in the Town . The persons recording the flow of traffic used
different methods . It was difficult to put together in an easy visual correlation . State roads
have the most accidents .
Councilman Niederkorn asked if the Town has volume data . Mr. Denton responded there is
fragmented volume data . There were problems with machine counts . Town citizens found
inaccuracies . Traffic counts are done to and from directional . There is no continuity to map it
all out concisely . Councilman Lesser explained it is complex . Mr. Noteboom has counters
and access to the County' s system for transcribing data . The Town can start collecting data
on Town Roads as necessary .
Mr . Kanter explained there were several traffic- oriented maps . One had traffic volumes that
selected location on roads and selected intersections . Councilman Klein observed a trend
could be established .
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August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Councilman Lesser mentioned Mr . Denton worked on updating the Town Road/Highway
Map . The issue is to consider thinking about future roads and right-of-ways . It will be
brought before the board to identify areas of possible connector roads for planning .
Councilwoman Russell asked if current right-of-ways were being incorporated into the map .
• Councilman Lesser responded the existing right-of-ways and ones that have been discussed
are included .
The board thanked Mr. Denton for his work .
Agenda Item No 11 - Public Hearing - Local Law Electing a Retirement Incentive
Program Cont' d
Deputy Supervisor Russell closed the public hearing at 6:40 p. m.
Mrs . Drake explained this is an incentive for Town employees . The incentive offers one
month of extra service for every year of employment . Two employees are considering the
incentive .
Agenda Item No 12 - SEQR - Local Law Electing a Retirement Incentive (Attachment #6
— SEQR
TB RESOLUTION NO. 2002 424 — SEQR: Proposed Local Law Electing a Retirement
Incentive Program as Authorized by Chapter 69, Laws of 2002 for the Eligible
Employees of the Town of Ithaca for the Year 2002
WHEREAS, this action is the enactment of a local law electing a retirement incentive
program as authorized by Chapter 69, Laws of 2002 for the eligible employees of the Town of
Ithaca for the year of 2002; and
WHEREAS, said proposed local law would enable the Town Board to offer the early
retirement incentive program authorized by the State of New York in 2002 to eligible Town of
Ithaca employees; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is
legislatively determined to act as Lead Agency in environmental review with respect to the
enactment of local laws; and
WHEREAS, the Town Board, at a public hearing held on August 12, 2002, has
reviewed and accepted as adequate the Short Environment Assessment Form, Parts I and II
for this action;
• RESOLVED, that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and,
therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
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AIIgUSI 12 , 2002 Town Board Meeting
Approved September 9, 2002
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously.
Agenda Item No. 13 - Adoption of a Local Law Electing a Retirement Incentive Program
TB RESOLUTION NO. 2002= 125 = Adopting a Local Law Electing a Retirement Incentive
Program as Authorized by Chapter 69, Laws of 2002 for the Eligible Employees of the
Town of Ithaca (Attachment #7 — Local Law No 6 of 2002)
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 August 12, 2002 , to hear all interested
parties on a proposed local law entitled "A LOCAL LAW ELECTING A RETIREMENT
INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002 FOR THE
ELIGIBLE EMPLOYEES OF THE TOWN OF ITHACA ';, 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) 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,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled
"A LOCAL LAW ELECTING RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY
CHAPTER 69, LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE TOWN OF
ITHACA, " a copy of which is attached hereto and made part of this resolution; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
Deputy Supervisor and Councilperson Russell Voting Aye
Councilperson Klein Voting Aye
Councilperson Grigorov Voting Aye
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AuCTust 12 , 2002 Town Board Meeting
Approved September 9, 2002
Councilperson Lesser Voting Aye
Councilperson Niederkorn Voting Aye
Councilperson Burbank Voting Aye
• The order was thereupon declared duly adopted.
Agenda Item No 10 - Discussion of Health Insurance Request for Proposal
(Attachment #8 — Memo from Judy Drake)
Mrs . Drake provided the board with a memorandum that outlined the Request for Proposals
that were received . Quotes were received from several companies . One plan is a lower rate
than the current plan without a change in the copay or plan for the employees . The PPO plan
is different than the current plan . It does not require a primary care provider. The employee
can go to any participating provider and can self- refer to participating providers . It reverts to
a standard insurance plan with deductibles and co- insurance if the employee goes to
someone outside the network .
Councilman Lesser asked Mrs . Drake if she has asked the employees what their preference
is for coverage . Mrs . Drake responded that she brought it to the board to get their thoughts
regarding premiums . She has had casual conversations with employees about different
plans . She wanted to go back to the employees with feedback from the Town Board .
Councilman Lesser has heard that health care is advancing in double digits annually . The
board needs to be considering ways to provide the best coverage and limit the expenditures
in the area . Mrs . Drake explained the Blue Cross Blue Shield PPO is a group rated plan .
Next year it will be based on the claims versus what is paid on premiums . It will be an
important item to transfer to employees . The spending will reflect on the premium .
Councilman Klein asked if Cayuga Medical Center was participating . Mrs . Drake responded
they are . Most of the providers in the Univera Plan have signed with the PPO plan .
Employees were asked to list their primary care providers and other doctors to make sure
they would be covered under the new plan .
Councilman Niederkorn asked if the co- pay is a lot for someone who goes outside the
network . Mrs . Drake responded they would have to meet a deductible and then 20 percent
co- insurance . Attorney Barney asked what the multiple was on the prescription . Mrs . Drake
responded it is a generic , brand name and then the third tier brand name . Most prescriptions
are on a three tier level based on cost .
Mrs . Drake asked the board if they were comfortable with the recommendation . The current
recommendation is a $ 10 , 000 decrease in the cost for next year. Councilman Niederkorn
responded it is an amazing reduction in the cost to the Town . Councilman Niederkorn
wanted to make sure that nothing else was going to suffer to get that reduction . Mrs . Drake
• responded the employees are getting a better plan because they have more freedom in
choosing a participating provider without having to go through their primary care provider.
11
Auuust 12 , 2002 Town Board Meetin (T
Approved September 9, 2002
Councilman Lesser asked Mrs . Drake if she checked to see how many participating providers
there are for these programs in the area . Mrs . Drake looked carefully at the companies . The
BCBS is the strongest listing of providers .
The board concurred with the recommendation . The board will formally approve the health
insurance plan at the September meeting .
Aqenda Item No . 9 - Consider Approval of Budget Amendment for the Transfer and
Establishment of Capital Project - Public Works Facility Renovation and Construction
Mr. Carvill explained the resolution is establishing the capital project . It puts the budgeting for
the transfer of funds in effect . The amount of transfers is detailed in the resolution .
TB RESOLUTION NO. 2002426 — BUDGET AMENDMENT FOR THE TRANSFER AND
ESTABLISHMENT OF CAPITAL PROJECT — PUBLIC WORKS FACILITY RENOVATION
AND CONSTRUCTION
WHEREAS: the Town 's Five Year Capital Budgeting Plan of 2002 detailed the potential
Renovation and construction of the existing Highway Facility, and
WHEREAS: this Governing Town Board Town at the July 29, 2002 Board meeting under
Resolutions No. 2002- 117, 2002- 118, 2002- 119, 2002- 120 awarded those respective
contracts to begin the construction and renovation of existing highway facility which is to be
known as the Town of Ithaca Public Works Facility, and
WHEREAS: the Town Budget Officer recommends to this Governing Town Board the
following accounting and budget entries for the purpose of establishing this capital project,
including the transferring $ 1 , 227, 000. 00 from those respective operating funds as detailed
and $800, 000. 00 of Bond Anticipation Proceeds, and
BUDGET JOURNAL
WATER FUND
D,EglT '� `�F960 APPROPRIATIONS $220, 000. 00
F9950. 927 TRANSFER TO CAPITAL PROJECTS - $220, 000. 00
PUBLIC WORKS FACILITY
F599 UNAPPROPRIATED FUND BALANCE $220, 000. 00
To record the appropriation budget for transferring funds to the Capital Project Fund — Public
Works Facility Renovation and Construction
G t
i SEWER FUND
BIT G960 APPROPRIATIONS $225, 000. 00
12
August 12 . 2002 Town Board Meeting
Approved September 9, 2002
G9950. 927 TRANSFER TO CAPITAL PROJECTS - $225, 000. 00
PUBLIC WORKS FACILITY
C,Rk6T G599 UNAPPROPRIATED FUND BALANCE $225, 000. 00
• To record the appropriation budget for transferring funds to the Capital Project Fund — Public
Works Facility Renovation and Construction
GENERAL TOWNWIDE FUND
Dorf A960 APPROPRIATIONS $ 782, 000, 00
A9950. 927 TRANSFER TO CAPITAL PROJECTS - $ 782, 000. 00
i PUBLIC WORKS FACILITY
C E IT A599 UNAPPROPRIATED FUND BALANCE $ 782, 000, 00
To record the appropriation budget for transferring funds to the Capital Project Fund — Public
Works Facility Renovation and Construction
CAPITAL PROJECT FUND
PUBLIC WORKS FACILITY RENOVATION and CONSTRUCTION
DEBIT H14 -510 ESTIMATED REVENUE $2, 027, 000. 00
H14 -50311A INTERFUND TRANSFERS- GENERAL $ 782, 000. 00
H14-5031 1F INTERFUND TRANSFERS- WATER $ 220, 000. 00
H14-5031IG INTERFUND TRANSFERS-SEWER $ 225, 000. 00
H14 -5731 BOND ANTICIPATION NOTE $ 800, 000. 00
CREDIT H14 -960 APPROPRIATIONS $ 2 , 027, 000. 00
H14 - 1620. 201 LEGAL $ 21000, 00
H14- 1620. 202 SURVEY $ 500. 00
H14 - 1620. 203 ARCHITECTURAL FEES $ 140, 000. 00
H14 - 1620. 205 DIRECT TOWN CONTRACTING $ 1 , 650. 00
H14- 1620. 206 TOWN WORKFORCE $ 40, 000. 00
H 14- 1620. 210 GENERAL CONTRACT $ 11157000. 00
H14- 1620- 220 PLUMBING CONTRACT $ 135, 519. 00
H14 - 1620. 230 HVAC CONTRACT $ 168, 782- 00
H14- 1620. 240 ELECTRICAL CONTRACT $ 122, 955. 00
H14 - 1620. 250 NETWORK DESIGN & INSTALLATION $ 55, 000. 00
H14- 1620. 251 FURNITURE & FURNISHINGS $ 45, 000. 00
H14 - 1620. 265 10 % CONTRACT CONTINGENCY $ 158, 426. 00
• H14 -599 UNAPPROPRIATED FUND BALANCE $ 168. 00
RESOLVED: that this Governing Town Board approves, authorizes, and directs the Town
Budget Officer to record the appropriated budgetary, cash transfers and any other necessary
13
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
and appropriate accounting transactions to establish the Capital Project Fund — "Public
Works Facility Renovation & Construction . "
MOVED: Councilwoman Grigorov
SECONDED: Councilman Niederkorn
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
Councilman Lesser said he was under the impression that sewer funds that were under the
water and sewer funds were related only to those activities . It indicates in the transfer that it
has something to do with the hook- ups or water activity at the facility . Mr. Carvill responded
the facility is being classified as a public works facility versus a highway garage .
Engineering , highway , public water and sewer is now being shared . Councilwoman Russell
explained highway crews do a lot of water and sewer work . Mr. Walker added a lot of water
and sewer equipment is stored there . It is shared equipment .
Agenda Item No . 8 - Consider Approval of Plans and Specifications and Authorization
to Go to Bid for the West Hill 2002 Water and Sewer Improvements
Attorney Barney explained the Trumansburg Road Sewer Extension that required the public
interest order is combined with the replacement and repair project . One resolution is for the
replacement and maintenance portion of the project . The second resolution is for the bidding
of the 2002 Trumansburg Road Sewer System Improvement . There has been some
discussion whether the Town wants to go ahead and authorize the bidding for the
Trumansburg Road Sewer. Mr. Walker explained the first resolution includes replacing the
water line , replacing the sewer line and the extension to Trumansburg Road . Attorney
Barney responded the board might want to have the discussion in executive session . The
item was deferred until executive session .
Agenda Item No. 14 - Employee Wage Scale for 2003
Mrs . Drake explained the resolution includes the wage scale discussed at the July 29 , 2002
Town Board meeting . The recommendation is 3 . 5 percent minimum on the wage scale . It is
bringing into consideration the difference in the steps aligned as originally created . The
resolution accepts the 2003 wage scale .
Councilman Lesser said the board is aware some employees are more than the listed job
rate . He asked if annual increments are added . He wanted to know how it works out that the
actual salary is higher than the job rate that is identified . Mrs . Drake responded that there
were a few people last July when the Town came into this system that were already above
their set job rate . Instead of increasing it to where they were , they did red lining . The rest of
the employees are on this system . When they are moving from the 2002 to the 2003 , they
14
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
are moving to the new level . Someone who is above the job rate is going to stay above the
job rate and will receive the 15 % increase .
TB RESOLUTION NOm 2002 - 127 — Approval 2003 Wage Scale and Percentage
WHEREAS, the Town Board May 7, 2001 , established a Hiring Minimum and Job Rate
for each Job Classification creating a Wage Scale program which sets the rates for each
classification with specific weights or values separating each letter grade; and
WHEREAS, the approved program is to have the Hiring Minimum and Job Rate
increased annually based on a percentage as determined by the Town Board; and
WHEREAS, due to the fluctuation caused by adjusting the rates by a percentage the
set weights separating the classifications has become greater than originally designed,
causing the need to readjust the separating values back to the original levels; and
WHEREAS, the Town Supervisor and Human Resources Manager after evaluating
local area union contracts and the Consumer Price Index (CPI- U and CPI- W), are
recommending a minimum percentage increase of 3. 5 %; and
WHEREAS, the proposed wage scale includes adjustments to levels to keep the
weights between the levels in correlation to when the scale was developed in July 2001 ;
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Ithaca does
hereby approve the recommendation of the Town Supervisor and Human Resources
Manager of setting the 2003 employee wage increase percentage at a 3. 5 % minimum, for
effective, January 1 , 2003 wages and approves the attached 2003 Job Classification Listing
with Wage Scale.
MOVED: Councilman Burbank
SECONDED: Councilman Lesser
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
Agenda Item No. 15 - Discussion of the 2003 Downtown Business Improvement District
Assessment
Councilwoman Russell explained the Town has historically paid $ 967 in contribution . The
• Town is now being asked to increase the assessment to the bid up to $ 3 , 783 . Cathy felt the
amount was too much in light of the fact that the Town does not get any direct benefits from
the bid . The Town does not get any benefit from the sales tax collected in the City. The
County and City benefit from the sales tax . The sales tax revenue is not shared with the
other municipalities . Cathy felt $ 1500 is more appropriate for the Town to contribute .
15
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Councilman Niederkorn explained the amount requested is based on a formula . It applies to
everyone in the bid . It is a percentage of the assessed value of the property . Councilwoman
Russell concurred , but the businesses in the City receive the benefits from the sales tax
revenue . Councilman Niederkorn asked how the figure of $ 1500 was arrived at . He felt the
figure was being picked out of the sky . Councilwoman Russell responded that it is . It is more
than what the Town paid previously . Councilman Niederkorn replied the Town paid on a
smaller assessed value . He felt that it was not necessary for the Town to benefit directly
financially as much as the City and County. It is a small amount for the Town to pay for the
fairly substantial footprint and activities in the Town .
Councilman Klein asked if Councilman Niederkorn was in favor of the full assessment .
Councilman Niederkorn replied he felt the Town should follow the formula . Councilwoman
Grigorov recused herself because she is on the Board of the Downtown Partnership ,
Councilman Klein said Tompkins County contributes . Councilwoman Russell asked Mr.
Carvill if he knew how much Tompkins County contributes . Mr. Carvill responded he was not
given the information . Councilwoman Russell explained this was in the packet to introduce
the subject . Some of the information given indicated the County was paying a very small
portion .
Councilman Burbank said the budget request has been made . He felt it was appropriate to
invite Mr. Ferguson to a Town Board Meeting and ask him to give more information about the
Downtown Business Improvement District . Councilwoman Russell concurred and said it
could be included on the September agenda .
Agenda Item No. 17 - Authorize Payment of $ 1 , 000 to Cable Franchise Negotiator
Councilwoman Russell explained the resolution authorized payment to the cable franchise
negotiator if it was needed . It may not be necessary to make the payment to Jean Rice
(cable negotiator) . There is an October 11th deadline . Councilman Burbank asked if this is
premised on the Town ' s withdrawal from the consortium . He also asked if authorization was
given to form a new group to negotiate . Attorney Barney responded the board talked about it
at the last meeting . Authorization to withdraw from the TV consortium is listed as a additional
agenda item . It is premised on the fact that there may be a need for Cathy or John Barney to
talk with someone to accomplish a franchise . The board decided to defer approval until they
approved withdrawing from the TV consortium .
Additional Agenda Item No. 2 - Consider Authorization to Withdraw from the Tompkins
County TV Cable Consortium & Additional Agenda Item No . 3 - Consider Authorization
to PaV Town of Ithaca ' s Obligation of the Cable Consortium Contract for
Reimbursement of Consulting Costs
Councilwoman Russell noticed the resolution contained the wrong payment amount . The
Town ' s share is $ 8 , 269 . Councilwoman Russell confirmed the amount with Supervisor
Valentino earlier in the day . Councilman Lesser asked if that was for the consultant .
Councilwoman Russell responded it was for the consultant services . Councilman Lesser
understood if there is no agreement it reverts to the initial offer made by Time Warner. He
16
August 12 , 2002 Town Board Meeting
Approved Sep ember 9, 2002
asked about the baseline conditions of their offer. He does not know what the Town is
improving upon . Councilwoman Russell responded the Town is doing this because it was not
a very good offer. The consultant advised them against accepting the offer. Councilwoman
Russell was not familiar with the offer because she was not involved . Councilman Lesser
• asked if Councilwoman Russell knew the dimensions of the offer. Attorney Barney responded
there are a number of things under discussion . Supervisor Valentino has been involved with
the negotiations . There are formulas in the current franchise agreement . The franchise fee
is 2 % . The Town makes a contribution towards access cost out of the franchise fee or an
additional fee of several thousand dollars . Supervisor Valentino ' s objection is to raise the
franchise fee to $ 2 , 000 and then absorb out of that the contribution to the access cost .
The last offer on the table had a lot of discussion about multiple channels for governmental
access at a cost to the consumers . Supervisor Valentino felt is was not useful for the Town
of Ithaca . Attorney Barney was not aware of a time when any body from the Town of Ithaca
had been on the local government access channel . The Town would still be contributing to
local access at a level , but it would not be at the level the City would like to have . He is not
sure about other issues . Attorney Barney explained the problem is they started a formal
negotiation with time limits built in . The formal negotiation period ends October 11th . The
franchisee has the option of offering the first or the last offer . The Town has the option of
accepting it or going into mediation and arbitration to resolve it .
A large hold- up was the inclusion of the I - Net , which had marginal if any , benefit to the Town .
The County and City contributed greatly to it . The County is not able to make that
contribution . The City is not able to pick- up the County' s share . The other area of concern
was the issue of access . There is not much action at the City . The Town needs to move on
it in the next several weeks to get it done . There have been discussions between Supervisor
Valentino and other Town Supervisors about not participating in the consortium .
Councilman Lesser asked if Time Warner paid anything to the Town . Attorney Barney
responded they paid the Town the 2% franchise fee and it averages to be $ 28 , 000 .
Councilman Lesser asked how often the Town had to go through negotiations . Attorney
Barney responded the current is proposed to be a 10 year contract . The last contract was a
10 year contract and it expired multiple years ago . Councilman Lesser felt the Town should
not be locked into a marginal contract for a 10 year period . Attorney Barney explained the
reason it is before the board is the need to get to a point to sit down with Time Warner in the
next few weeks . Hopefully they can bring something to the board at the September meeting
for feedback . Then it would give another month for review so it could be approved at the
October meeting .
Councilman Burbank had a conversation with Mayor Cohen about the City' s position . Mayor
Cohen warned that consultants were expensive . Councilman Burbank is concerned that the
• $ 1 , 000 might not be enough to cover the cost of the consultant . His understanding of what is
at stake is support for access to government access , potential expansion of the I - Net and the
potential expansion of the service area . Councilman Burbank would like the to board move
forward and get more information on the consultant .
17
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Councilwoman Russell said Supervisor Valentino mentioned it was important for the Town to
maintain that access . Supervisor Valentino had the idea of going for a 3% franchise fee and
maintain the access . Councilman Burbank responded the access is guaranteed by law .
There will always be access . The ability to have a facility that is staffed where you can
produce and then be put on television is at stake . Attorney Barney responded the reason
they are not looking for more than $ 1 , 000 is because they have the current franchise . There
are some areas in that franchise that cannot be re- negotiated . They would like the ability to
call someone to get a quick answer. It is not anticipated that the consultant will be involved in
the negotiating role itself . The anticipation is not to have a lot of negotiations . Supervisor
Valentino will not go over $ 1 , 000 without the board ' s consent . Councilwoman Russell
suggested raising the amount to $2 , 000 to give themselves a cushion . Attorney Barney
suggested the money might be needed .
Ms . Hunter explained she spoke with Supervisor Valentino . Supervisor Valentino mentioned
there might be another consortium with other towns . Attorney Barney responded Supervisor
Valentino was hoping that other towns would contribute towards the cost of negotiation . Ms .
Hunter wanted to make sure this resolution was not preventing another consortium . Ms .
Hunter said Supervisor Valentino felt they would not be ready for a public hearing in
September. Attorney Barney suggested the board set the public hearing with the
understanding it might not be ready .
The public hearing was set for Monday , September 9 , 2002 at 6 : 45 p . m .
TB RESOLUTION NO. 2002- 128 - Resolution Authorizing Withdrawal from Tompkins
County TV Cable Consortium and Payment of up to $8,269. 00 for Cable Franchise
Consultant Services Rendered to the Consortium.
WHEREAS, the Town of Ithaca is in the process of negotiating a new cable franchise
agreement with the Time Warner Cable; and
WHEREAS, the negotiations have occurred in company with other governmental
entities, including other Towns, the City of Ithaca and the County of Tompkins, under the
umbrella of the Tompkins County TV Cable Consortium; and
WHEREAS, many of the issues that are being negotiated pertain primarily to matters,
such as government access to program channels and highspeed connections among
downtown governmental facilities, that are of more significance to the City and County than to
the Towns; and
WHEREAS, there is a need to complete negotiations and have a franchise agreement
in place by October 11 , 2002, or otherwise possibly be required to accept an agreement
initially offered by Time Warner without a number of provisions advantageous to the Town; •
and
WHEREAS, it does not appear likely that the Tompkins County TV Cable Consortium
can complete negotiations and provide an agreement by such date; and
18
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
WHEREAS, it appears that it is desirable for the Town to try and negotiate its own
franchise agreement;
• NOW, THEREFORE, be it
RESOLVED, that the Town of Ithaca withdraw from the Tompkins County TV Cable
Consortium; and it is further
RESOLVED, that the Town Supervisor is authorized to notify the Consortium of the
Town 's withdrawal; and it is further
RESOLVED, that the Town pay its share, up to a maximum of $8, 269. 00, of the
consulting costs incurred by the Consortium upon submission of appropriate documentation
for same satisfactory to the Town Supervisor and the Budget Officer, and it is further
RESOLVED, that the Town Supervisor is authorized to negotiate directly with Time
Warner Cable, independently from the Consortium, for a franchise agreement with the Town
and to bring to the Town Board for consideration a proposed agreement as soon as
practicable; and it is further
RESOLVED, that the Town Board hold a public hearing on the proposed franchise
agreement on September 9, 2002, at 6:45 p. m. at the Town Hall, unless the Town Supervisor
determines that the proposed franchise agreement it not in form adequate for public review
and comment; and it is further
RESOLVED, that the Town Clerk is requested to give notice of such hearing as
required by Town Law Section 64 (7) by publishing such notice in the Ithaca Journal at least
10 days prior to the hearing; and it is further
RESOLVED, that the Town Supervisor, Town Clerk, Attorney for the Town, and all
other officers of the Town are hereby authorized to take such steps as any of them deem
desirable or appropriate to effectuate the forgoing resolutions.
MOVED: Councilman Lesser
SECONDED: Councilwoman Russell
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
• Agenda Item No. 17 - Authorize Payment of $ 1 , 000 to Cable Franchise Negotiator
TB RESOLUTION NO. 2002- 129 - Resolution Authorizing Payment of up to $ 1 , 000 for
Cable Franchise Consultant Services
19
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
WHEREAS, the Town of Ithaca is in the process of negotiating a new cable franchise
agreement with the Time Warner Cable; and
WHEREAS, much of the negotiation process has been conducted by the Town Supervisor
while working on a master franchise that would be applicable to not only the Town but also
the City of Ithaca and various other municipalities; and
WHEREAS, it appears that the City may not be able to participate in, or complete its
negotiations in a time frame that meets the FCC time requirements for negotiating a new
franchise; and it is desirable for the Town to try and negotiate its own franchise agreement,
and
WHEREAS, in the course of such negotiations it may be necessary or appropriate to consult
from time to time with Jean Rice, an expert in the negotiation of cable franchise agreements,
should the Town Supervisor or Attorney for the Town deem such consultation advisable;
NOW, THEREFORE, be it
RESOLVED, that the Town Supervisor is authorized to negotiate with Time Warner Cable for
a franchise agreement with the Town and to bring to the Town Board a proposed agreement
as soon as practicable; and it is further
RESOLVED, that the Town Supervisor and the Attorney for the Town be authorized to
consult with Jean Rice if either deems such consultation in the best interests of the Town,
provided that the amount to be paid Ms. Rice for such consultation shall not exceed $ 1 , 000;
and it is further
RESOLVED, that the Town Board hereby authorizes the expenditure of up to $ 1 , 000 for such
consultation; and it is further
RESOLVED, that the Town Supervisor, Attorney for the Town, and all other officers of the
Town are hereby authorized to take such steps as any of them deem desirable or appropriate
to effectuate the forgoing resolutions.
MOVED: Councilwoman Grigorov
SECONDED: Councilman Klein
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion
carried unanimously
Agenda Item No . 18 - Consent Agenda
TB RESOLUTION NO. 2002430 — Consent Agenda Items.
20
August 12 . 2002 Town Board Meetinu
Approved September 9, 2002
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
approves and/or adopts the resolutions for Consent Agenda Items.
• MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
a . Town Board Minutes
TB RESOLUTION NO. 2002430a — Town Board Minutes of July 8, 2002
WHEREAS, the Town Clerk has presented the minutes for the Town Board Meeting
held on July 8, 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 July 8, 2002 as presented at the August
12, 2002 board meeting.
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
b . Town of Ithaca Warrants
TB RESOLUTION NO. 2002- 130b - 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.
General Fund Townwide 67, 237. 34
General Fund Part- Town 21538. 86
21
August 12 , 2002 "Town Board Meeting*
Approved September 9, 2002
Highway 24, 630. 10
Water 44, 787. 22
Sewer 10, 227. 89
West Hill 603. 69
Stone Quarry Road 71740, 00
Lighting Districts 997. 43
Debt Service Fund 752. 24
Trust & Agency 5, 695. 10
TOTAL $ 165, 209. 87
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
c . Bolton Point Warrants
TB RESOLUTION NO. 2002= 130c — Bolton Point Warrants.
WHEREAS, the following numbered vouchers for the Southern Cayuga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of payment; and
WHEREAS, the said vouchers have been audited for payment by the said Town
Board, now, therefore, be it
RESOLVED, that the governing Town Board hereby authorizes the payment of the
said vouchers.
Voucher Numbers : 335, 393-405, 407-464
Operating Fund $ 146, 987. 17
TOTAL $ 146, 987. 17
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov •
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
22
August 127 2002 Town Board Meeting
Approved September 9, 2002
d . Job Reclassification of Network Records Specialist
TB RESOLUTION NO. 2002430d — Classification Change for Network/Records
• Specialist
WHEREAS, the Town Board approved the remodeling of the Job Classification system
in 2001 that by using several criteria allowed positions to be placed in a classification listing;
and
WHEREAS, during the initial budgeting process the Town Supervisor and Human
Resources Manager review the positions to determine if any changes in classification are
warranted; and
WHEREAS, the Town Supervisor and Human Resources Manager have evaluated
that the Network/Records Specialist position was given a lower score on the Autonomy
criteria than it should have been, which caused the position to be classified in the "O"
classification rather than the `P" classification; and
WHEREAS, the Town Supervisor and Human Resources Manager are recommending
the said position to be moved to the `P" classification with the approval of the Job
Classification Listing and Wage Scale for 2003;
NOW, THEREFORE, BE IT
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the
recommendation of the Town Supervisor and Human Resources Manager to change the
classification for the Network/Records Specialist position to "P" in conjunction with the 2003
Job Classification Listing and Wage Scale.
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
e . Fall Brush and Leaf Pick-Up
TB RESOLUTION NO. 2002430e — Set Fall Yard Waste Collection Dates
• WHEREAS, the Highway Department provides yard refuse disposal services for the Town of
Ithaca residents;
WHEREAS, twice annually the Highway Department collects yard waste from roadsides;
23
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
WHEREAS, this year the Highway crews will use the leaf vacuums the first week and go
around the Town once, thereafter, residents will be allowed to put biodegradable paper bags
at curbside on the each Monday in November, now therefore be it;
RESOLVED, that fall brush collection will start on October 15, 2002, until finished, and
RESOLVED, that the fall leaf and yard waste collection will commence on November 4, 2002,
until finished.
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion
carried unanimously
f. Snow and Ice Removal Contract
TB RESOLUTION NO. 2002430f— Approval of Snow and Ice Removal Contract
RESOLVED, that the Town Supervisor be, and she hereby is, authorized to execute a
Snow and Ice Removal Contract with the County of Tompkins for a three year period from
October 1 , 2002 through September30, 2005.
MOVED: Councilman Klein
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
Agenda Item No . 19 - Report of Town Committees
a . Purchase of Development Rights Committee
Councilman Lesser explained the current issue is the bank holding mortgage on the property
and if the bank will accept a partial sale of the rights , hence the diminishing value of property.
It looks to be resolvable in the current case . The mortgaging is on two parcels , which are
close to contiguous . It has not occurred to his knowledge . This is something that was not
anticipated .
Mr. Kanter informed the board they have a signed letter of intent between the Town and
property owners to proceed on the basis of extinguishing the mortgage on the large farm
24
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
parcel . The Town is going to go ahead and work out the details on that property . They will
also try to resolve the issue on the house parcel . They are looking at a possible transaction
date around the end of August to conclude the conveyance of the easement on the large
farm parcel .
• Councilman Lesser remembered it was two or less acres that were in question with the house
parcel . Mr . Kanter responded the house parcel totals five acres . The minimum the bank
would agree to attach to the house is about one and a half acres . He thought the owners are
going to try to work it out with another bank . They might come back to the Town for
additional conveyance if that happens . The owners wanted to get the basic large parcel
done . A survey has been drafted by TG Miller of the farm property excluding two acres for
possible future development .
b. Capital Planning Committee
c . Cayuga Lake Watershed Intermunicipal Organization
d . Codes and Ordinances Committee
Councilman Klein explained they are working on revisions . The Committee has visited Noel
Desch ' s property . The committee will probably revise the proposed conservation zone .
There is a good parcel of land off Coddington Road that is level and open .
Mr. Kanter mentioned the Conservation Board had some observations regarding that area . It
will be brought back before the Codes and Ordinances Committee for consensus on the
boundary line .
e . Fire Contract Negotiating Committee
Councilwoman Russell explained this committee has not met . The Town is waiting for the
City to get back to them .
f. Personnel Committee
g . Public Works Committee
Councilman Klein said a lot was covered in Mr. Noteboom ' s report . The committee discussed
the bids received for the Public Works Facility and some of the problems . There is going to
be a pre-construction meeting Wednesday , August 14 . He is familiar with three of the four
bidders . He felt they are good contractors .
• h . Safety Committee
i . Sewer Contract Committee
25
Auuust 12 , 2002 Town Board Mectin ;
Approved September 9, 2002
Councilwoman Russell said there is nothing to report . The committee is still trying to resolve
outstanding issues . The Environmental Impact Statement is nearing completion and is
almost in the form ready to go to DEC .
JIM Special District Benefit Assessment Committee
Councilwoman Russell explained this committee has not met and they need to set up a
meeting to discuss benefit assessment rates . Councilman Klein said it needed to be done for
the budget . They need to adjust the sewer and water rates .
k. Transportation Committee
Councilman Lesser said two months ago the board approved the submission of an
application to the Department of Transportation asking for $ 40 , 000 to get a resident survey
on transportation issues . It would also include the hiring of specialized consulting services on
transportation issues . This is a new program . Mr. Kanter added the Town may hear on the
grant within the month .
Councilman Lesser explained another issue was the lighting of the trail associated with the
Route 366 Bridge . There have been a number of discussions on how to handle this . Cornell
is maintaining and lighting most of the path . Cornell is laying all the conduit and building the
bridge . No one else has stepped forward to put lights on the bridge for the use of the trail . It
looks as if the Town will need to cover the cost of lighting the bridge . There would needto be
two lighting poles , one with double shoe box lights . The cost of two poles and two lights fall
to the Town . The cost comes to $8 , 786 , which includes paying Cornell to purchase the
material and construct it . Mr . Noteboom added the money could come from the present
parks budget . Councilman Lesser explained staff and committee spent a lot of time on this .
This is the most economic arrangement for a safe access .
Councilman Klein asked if this was a one time contribution to Cornell . Councilman Lesser
responded yes . Councilman Klein asked if Cornell would pay for the power. Mr . Noteboom
replied it never came up for discussion . Mr. Noteboom felt Cornell would probably payfor it .
Cornell is installing extra lights on the trail .
Councilwoman Russell wondered if other Town trails have lights . Councilman Klein
responded this is the first trail . Public Works discussed the issue , as well . Councilwoman
Russell expressed her concern about being asked to pick up more length of the trail and light
it . The trail is proposed to connect to the East Hill Recreation Way . Mr. Noteboom added it
is a larger discussion the board would entertain someday. The issue is coming up . It is a
board decision .
Councilman Klein asked if the Town could reimburse Cornell . Councilman Lesser responded
Cornell is acting as a contractor for the Town . Attorney Barney said Cornell has warted to
acquire title to the part of Judd Falls Road that is being abandoned to the Town . Theprice
has not been discussed . Attorney Barney felt $ 8 , 786 might be appropriate . Cour*1man
Klein asked when Cornell needed an answer . Mr. Noteboom explained it is going b cost
26
Auuust 12 , 2002 Town Board Mectina
Approved September 9, 2002
more if everything is done . Attorney Barney did not think there was a legal problem to
authorize the payment .
The Transportation Committee felt is was a personal safety matter without additional lighting
• on the bridge . Mr. Kanter thought the conveyance of the completed road right-of-way would
not occur until the DOT project was complete . There is a separate question regarding the
right-of-way for the pedestrian pathway and bridge . There are a number of negotiation and
discussion items to be completed with Cornell .
Mr . Carvill explained the Town is already paying for some community lighting through an
agreement with Cornell . Councilman Lesser added the system is structured so Cornell will
have to come to the Town if they choose to get reimbursed for the power. Cornell is
providing the power for most of the lights in the system .
Councilman Niederkorn reminded the board they needed to approve paying Cornell .
Councilman Lesser suggested the amount to be up to $8 , 800 . Attorney Barney said Cornell
wanted the land subject to an easement . Mr. Noteboom explained the State purchased the
land . The State paid Cornell for the land and the State will turn the land over to the Town .
Attorney Barney drafted and read a proposed resolution to the board . Mr. Noteboom
explained the resolution is needed because Cornell will be installing the conduit and poles so
that it does not interfere with any of the paving work .
TB RESOLUTION NO. 2002 431 — Authorize Reimbursement to Cornell for Installation
of Pedestrian Path Lighting Associated with the Route 366 Bridge/Judd Falls Road
Proiect
RESOLVED, that the Town authorize the payment of $8, 800 to Cornell University for
the installation of two lighting poles, shoe box lights, and related conduit all per the Cornell
University estimate date July 29, 2002 submitted to the Board at this meeting, after deduction
for one light and related labor, making the estimate $8, 786. including a 15% contingency.
MOVED: Councilman Niederkorn
SECONDED: Councilwoman Grigorov
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion carried unanimously
Agenda Item No . 20 - Report of Town Officials (Attachment #9 — Monthly reports of
• officials
a . Town Clerk
b . Highway Superintendent
27
August 127 2002 Town Board Meeting
Approved September 9, 2002
Councilman Lesser asked Mr. Noteboom what the likelihood is of the Town recovering any
cost of rebuilding Stone Quarry Road , Mr. Noteboom responded it is not too likely .
Councilwoman Russell added the Town has not received positive responses .
c . Director of Engineering
Councilman Lesser asked Mr. Walker about water damage done due to carelessness . Mr.
Walker responded there was a water main break on Coddington Road near Burns Road
caused by the Fire Department operating a fire hydrant improperly . A water surge was sent
through the system . An Updike Road resident' s plumbing failed in one of their bathrooms .
They submitted a claim for damages and were not happy with the Town ' s adjusters .
Councilman Klein asked what the pressure hit . Mr. Walker replied he did not know . It was
the toilet supply line . Councilman Lesser referred to the letter saying it was due to
carelessness by the Town . He felt the Town should respond . Mr. Walker responded he was
told not to respond . Attorney Barney explained they held a meeting with the owners . The
owners were abusive , the matter was settled .
Mr. Walker commented there is a site on Coddington Road for the fill coming from College
Circle excavation . It appears it is more expensive to use the site than allowing the
contractors to dispose of the material themselves . A hauling plan will have to be submitted to
the Town before they start hauling off the site . Mr. Walker received a phone call from a large
land owner on Danby Road asking if he could have material . He does not see the fill
application getting processed before the contractors start hauling material . Hard rock has
been identified on the College Circle site that they have to excavate . The rock might be
suitable for use in repairing some damage to Stone Quarry Road .
Councilwoman Russell did not understand why it would be cheaper to have the material
hauled off site . Mr. Walker responded there are expenses in restoring the area for Ithaca
College . He does not want trucks going down Burns Road or in that direction because of the
impacts on Town roads .
d . Director of Planning
Mr. Kanter reminded the board and staff to start thinking about articles for the Fall Newsletter.
The deadline for getting it out is the first week in October. The articles need to be in by
September 15 . Councilman Lesser suggested the development rights purchase could be
included if it was completed in time . The traffic accident data would be a good feature .
Councilman Lesser asked if the board was going to discuss the Zoning Board of Appeals
decision . He wondered how the Town should be proceeding in the future to avoid that kind of
case . Councilman Lesser understood the case to say if staff approves certain aspects , they
are summed together. There needs to be strong counter information developed . The boards
do not have discretionary authority . Attorney Barney disagreed with Councilman Lesser' s
understanding . Attorney Barney wanted to discuss the matter in executive session .
28
Auuust 12 , 2002 Town Board Meetinu
Approved September 9, 2002
Councilman Burbank commented it is clear the proposed new zoning would allow that kind of
activity in virtually any zone . The Town might want to rethink that portion of the zoning .
e . Director of Building and Zoning
• Mr. Frost updated the board on the College Circle project . The existing apartments are
nearing completion of renovation .
f. Human Resources Manager
g . Budget Officer
h . Network/Record Specialist
i . Attorney for the Town
Agenda Item No. 21 We Review of Correspondence
a . 7/27/02 letter from Mary Ann and Brian Pitzer
b . 7/3/02 letter from Assemblyman Luster re Stone Quarry Road
c . 7/22/02 letter from Jon Edinger, NYS DOT, re Stone Quarry Road
d . 7/19/02 letter from Norman Bagley, Office of the State Comptroller, re Stone
Quarry Road
e . 7/18/02 letter from Representative Hinchey re Stone Quarry Road
f. 7/25/02 fax from Bob Nicholas re Water Damage Claim
g . 7/24/02 letter from Ruth Mahr re water bill
h . 7/17/02 funding request from Gadabout
i . 8/1 /02 funding request from Tompkins County Senior Citizens Council
j . 7/12/02 letter from Jim Adams , Cornell , regarding Lake Source Cooling Data
Sharing
k. Cayuga Heights Fire Department Monthly Report for June 2002
I . Tompkins County Sheriff' s Department Annual Report
Additional Agenda Item No . 1 - Consider Approval of Budget Transfers , Amendments ,
and Modifications
TB RESOLUTION NO. 2002- 132 - Budget Transfers, Amendments and Modifications
For the Period 6101102 - 7131102
WHEREAS: consistently, the Town Supervisor and Town Budget Officer review all under and
over expended. Such a review of revenues and expenditures for the /01/02- 7/31/02 was
• conducted, and
WHEREAS: this review has disclosed that certain budgeted revenues and expenditures
require transfers, amending or modification, and
29
Au (Tust 121 2002 Town Board Meeting
Approved September 9, 2002
WHEREAS: these findings are detailed for this Governing Board's review, discussion and
approval, and therefore be it
TOWN OF ITHACA
Budget Transfers
BUDGET JOURNAL
GENERAL TOWNWIDE FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
A5132. 460 HWY GARAGE - STORM WTR MGM'T 11349. 80
A5132. 460 HWY GARAGE - STORM WTR MGM'T 31705. 59
A1680. 401 INFO TECH - MAINT & REPAIRS 500. 00
A 1680. 404 INFO TECH - COPIERS 11650. 00
A 1410. 408 TWN CLK - POSTAGE 600. 00
A 1460. 405 REC MGM'T - PRESERVATION 11000. 00
A 1460. 410 REC MGM'T - CONF & TRAVEL 500. 00
A1650. 415 CENTRAL COMMUNICATIONS 37700. 00
TOTAL UNEXPENDED 13, 005. 39
TO (CREDIT)
JUSTICES
A1110. 400 CONTRACTUAL 84. 04
SUPERVISOR
A 1220. 400 CONTRACTUAL 108. 93
A1220. 410 CONFERENCES & MILEAGE 334. 98
ACCOUNTING
A 1316. 400 CONTRACTUAL 8. 30
A1316. 410 CONFERENCES & MILEAGE 19. 11
BUDGET
A1340. 410 CONFERENCES & MILEAGE 12. 31
ENGINEERING
30
August 12 , 2002 Town Board Meeting
Approved Septembet- 9, 2002
A1440. 404 VEHICLEMAINTENANCE 800. 32
A1440. 450 GASOLINE 478. 71
• RECORDS MANAGEMENT
A 1460. 400 CONTRACTUAL 253. 46
A1460. 425 LAW PUBLICATIONS & LIBRARY 579. 26
TOWN HALL BUILDING MAINTENANCE
A1620. 102 SALARIES & WAGES - OVERTIME 99. 60
A1620. 241 FURNITURE & FURNISHINGS 1 , 260. 00
A 1620. 400 CONTRACTUAL 297. 15
A1620. 404 SECURITY 121 . 00
A1620. 413 BLDG & GRDS MAINTENANCE 804. 25
A1620. 431 ELEVATOR MAINTENANCE CONTRACT 1 , 105. 52
CENTRAL COMMUNICATION
A1650. 410 TELEPHONES 894. 52
CENTRAL STOREROOM
A 1660. 400 CONTRACTUAL 216. 43
INFORMATION TECHNOLOGY
A1680. 402 XEROX COPIER - DC470 1 , 175. 83
A1680. 405 XERCO COPIER - DC230 198. 69
A 1680. 481 WEB SERVICES 300. 00
A1680. 494 WLB ANNUAL SUPPORT 1 , 250. 00
SPECIAL ITEMS
A 1920. 401 TAX ASSESSMENTS ON TOWN PROPERTY 966. 00
HIGHWAY GARAGE
A5132. 100 SALARIES & WAGE - REGULAR 1 , 349. 00
• A5132. 408 POSTAGE 253. 96
CELEBRATIONS
A7550. 400 CONTRACTUAL 34. 02
31
Au ,* ust 12 , 2002 Town Board MeetinLy
Approved September 9, 2002
TOTAL OVER EXPENDED 13, 005. 39
GENERAL PART TOWN FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
B1670. 404 CNTRL PRTG - COPIER 72. 91
B1680. 201 INFO TECHNOLOGY - COPIERS 11650. 00
B8020. 406 PLANNING STUDY 61000. 00
B8020. 409 PRIG, FILM, . . . SPECIFIC 2, 000. 00
B9050. 800 UNEMPLOYMENT INSURANCE 11000. 00
8599 UNAPPROPRAITED FUND BALANCE 743. 24
TOTAL UNEXPENDED 11,466. 15
TO (CREDIT)
ATTORNEY
81420. 400 BARNEY, GROSSMAN, . . . ET AL 5, 583. 21
CENTRAL PRINTING & MAILING
B1670. 402 COPIER PAPER 5. 90
B1670. 403 COPIER SUPPLIES 67. 01
INFORMATION TECHNOLOGY
B1680. 201 HARDWARE 2, 181 . 71
B1680. 402 XEROX COPIER - DC470 11175. 83
B1680. 405 XEROX COPIER - DC230 198. 90
B1680. 403 BLDG/ZONING CODE SUPPORT & SUB 735. 00
ZONING
B8010. 200 ZONING - EQUIPMENT 351 . 06
B8010. 401 LEGAL ADS 38. 05
B8010. 408 POSTAGE 127. 54
B8010. 450 GASOLINE 52. 55
32
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
PLANNING
88020. 200 EQUIPMENT 631 . 12
B8020. 400 CONTRACTUAL 318. 27
•
TOTAL OVER EXPENDED 119466. 15
HIGHWAY FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
DB5110. 461 TRANS - TOOLS & REPAIRS 820. 15
TOTAL UNEXPENDED 820. 15
TO (CREDIT)
ATTORNEY
DB1420. 400 BARNEY, GROSSMAN, . . . ET AL 25. 15
INFORMATION TECHNOLOGY
DB 1680. 495 INFO TECH - NETWORK SUPPORT 795. 00
TOTAL OVER EXPENDED 820. 15
WATER FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
• F8340. 485 WATER TANK(S) SECURITY FENCING 71609. 80
TOTAL UNEXPENDED 7, 609. 80
33
Au , ust 12 , 2002 Town Board Meetin ;
Approved September 9, 2002
TO (CREDIT)
PRIG, FILM, . . . SPECIFIC
F1670. 402 COPIER PAPER 5. 87
F1670. 403 COPIER SUPPLIES 66. 95
INFORMATION TECHNOLOGY
F1680. 402 XEROX COPIER - DC470 11175. 81
F1680. 405 XEROX COPIER - DC230 198. 67
F1680. 491 SOFTWARE 234. 38
F1680. 492 GIS SOFTWARE 545. 00
SPECIAL ITEMS
F1910. 401 TAX ASSESSMENTS ON TOWN PROPERTY 54. 75
WATER ADMINISTRATION
F8340. 400 CONTRACTUAL 1 , 727. 75
F8340. 440 PERSONAL PROTECTIVE EQUIPMENT 154. 52
F8340. 489 SCLIWC CONSTRUCTION 31250. 00
F8340. 490 WATER REFUNDS 196. 10
TOTAL OVER EXPENDED 7, 609. 80
SEWER FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
G8120. 486 NORTHEAST SEWER REHAB 41231 . 91
TOTAL UNEXPENDED 41231 . 91
TO (CREDIT)
ATTORNEY
G 1420. 400 BARNEY, GROSSMAN, . . . ET AL 81 . 72
34
August 12 . 2002 Town Board Meeting
Approved September 9, 2002
CENTRAL PRINTING & MAILING
G 1670. 402 COPIER PAPER 5. 85
• G 1670. 403 COPIER SUPPLIES 66. 93
INFORMATION TECHNOLOGY
G 1680. 402 XEROX COPIER - DC470 1 , 175. 81
G 1680. 405 XEROX COPIER - DC230 198. 67
G1680. 492 GIS SUPPORT 779. 37
SPECIAL ITEMS
G 1920. 401 TAX ASSESSMENTS ON TWN REAL PROPERTY 75. 50
ADMINISTRATION
G8110. 408 POSTAGE 2. 55
SANITARY SEWERS
G8120. 404 VEHICLE MAINTENANCE 1 , 030. 51
G8120. 480 REPAIRS & MAINTENANCE 815. 00
TOTAL OVER EXPENDED 41231. 91
FIRE PROTECTION FUND
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
SF599 UNAPPROPRIATED FUND BALANCE 1 , 288. 13
TOTAL UNEXPENDED 15288. 13
TO (CREDIT)
• SF1420. 400 ATTORNEY 1 , 288. 13
TOTAL OVER EXPENDED 11288. 13
35
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
CAPITAL PROJECT FUND
(Hanshaw Road Sanitary Sewer Fund)
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
H8-8120. 200 UNCOMMITTED CAPITAL OUTLAY 932. 50
TOTAL UNEXPENDED 932. 50
TO (CREDIT)
H8-8120. 250 SEWER RECONSTRUCTION 932. 50
TOTAL OVER EXPENDED 932. 50
CAPITAL PROJECT FUND
(West Hill " Oakwood Lane Water Tank Improvement)
ACCOUNT DESCRIPTION AMOUNT
FROM (DEBIT)
H9-599 UNAPPRPRIATED FUND BALANCE 51876. 31
TOTAL UNEXPENDED 5, 876. 31
TO (CREDIT)
H9-8340. 200 CONSTRUCTION CONTRACT 5, 876. 31
TOTAL OVER EXPENDED 51876.31
RESOLVED: that this Governing Town Board, approves, authorizes and directs the
Town Supervisor and Town Budget Officer to record these budget transfers, amendments
and modifications including any and all other changes deemed appropriated and necessary
for the operating period June 1 , 2002 to July 31 , 2002.
MOVED: Councilwoman Russell
36
Auvust 12 . 2002 Town Board Meetinv
Approved September 9, 2002
SECONDED: Councilman Klein
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion
carried unanimously.
Additional Agenda Item No. 4 - Rescission of Award of the HVAC Contract to Rainbow
Sheet Metal , Inc for the Addition and Alterations of the Public Works Facility
Mr. Walker was notified by Rainbow Sheet Metal Inc that when they were developing their
schedule of values a $ 15 , 000 mistake was made in the bid . Rainbow was unable to perform
the contract for the contract price the Town had awarded . The Town awarded the contract to
them and sent the award letter out . Rainbow decided they wanted to back out of the
contract . This is a case where the Town needs to take the bid bond . The owner preferred
not to get the bonding company involved . Mr. Walker suggested to Rainbow the Town Board
might be willing to let him out of the contract if he were to pay the Town the amount of
$9 , 719 , which is the difference between his bid and the next low bidder. Rainbow agreed .
The resolution before the board is rescinding the award of the contract to Rainbow contingent
upon them paying the Town $9 , 719 .
Councilman Niederkorn asked if the next lowest bidder was still interested . Mr. Walker
responded they were still interested in the contract . The contractor plans to attend the
preconstruction meeting and sign contract documents . Mr. Walker explained one thing the
Town waived and probably should not have was that Rainbow did not get their plans from the
Town . They did the job based on looking at the plans in a plan house and getting a copy of
the bid forms . The Town waived the irregularity because of the price . It is actually their
penalty .
The board concurred . Attorney Barney found it interesting that Rainbow was paying the
Town more than the five percent bid bond because the difference was a little more .
Councilman Niederkorn asked what happens if the check is not delivered . Mr. Walker
responded the Town would take the bid bond and decide whether to sue the contractor for
the additional $ 1 , 700 .
TB RESOLUTION NO. 2002 433 - Rescission of Award of the HVAC Contract To
Rainbow Sheet Metal. Inc. for Addition and Alterations of the Town of Ithaca Public
Works Facility (Attachment # 10 — Letter from D. Walker to Rainbow Sheet Metal, Inc. )
WHEREAS, The Town of Ithaca on July 19, 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;
37
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
WHEREAS, the Town Board of the Town of Ithaca authorized the award of the contract 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 Addition and Alterations of the Town of Ithaca
Public Works Facility without the washbay, and;
WHEREAS, Rainbow Sheet Metal, Inc. , the Contractor, has contacted the Town
Engineer and indicated that a bid error of $58, 000 was made in the preparation of the bid and
that the Contractor will be unable to perform the obligations of the contract at the price bid,
and;
WHEREAS, The Contractor has requested that he be released from contractual
obligation for Addition and Alterations of the Town of Ithaca Public Works Facility, and;
WHEREAS, The next low bid for the HVAC contract was for an amount of
$ 178, 500. 00 for HVAC work for the Addition and Alterations of the Town of Ithaca Public
Works Facility without the washbay, which is $9, 718. 00 more than the bid price of the award
to Rainbow Sheet Metal, and;
WHEREAS, The Town Attorney and the Town Engineer have recommended that the
Town of Ithaca would not be disadvantaged if the HVAC Contract was awarded to the next
low bidder if Rainbow Sheet Metal paid the difference in bids, and;
WHEREAS, William Edwards, Vice President of Rainbow Sheet Metal, Inc. has
agreed to pay the sum of $9, 718. 00 to the Town of Ithaca in return for a written release from
the contractual obligation, now,
THEREFORE, BE IT
RESOLVED, That the Town Board of the Town of Ithaca rescinds the award of the HVAC
Contract for the Addition and Alterations of the Town of Ithaca Public Works Facility without the
washbay made to Rainbow Sheet Metal, Inc. at the July 29, 2002 Town Board meeting, with the
condition that a letter of release from the contract will be issued after the receipt of a certified
check in the amount of $9, 718. 00 from Rainbow Sheet Metal, Inc.
MOVED: Councilman Lesser
SECONDED: Councilman Klein
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion
carried unanimously
•
Additional Agenda Item No . 5 - Authorization to Award HVAC Contract for Addition and
Alterations of the Public Works Facility (Attachment # 11 — Letter from D . Walker to
Kimble, Inc . )
38
August 12 , 2002 Town Board Meeting
Approved September 9, 2002
Mr. Walker explained the resolution was an authorization to award the HVAC contract to
Kimble Incorporated . It states Rainbow had the apparent low bid , but asked to be released of
the contract . Kimble is the second low bidder. Mr . Walker asked the board to award the
HVAC contract to Kimble for the amount of $ 178 , 500 .
• TB RESOLUTION NO. 2002434 — 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 19, 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, Rainbow Sheet Metal, Inc. , has requested that they be released from the contract
because of a large bidding error, and the Town Board has agreed contingent upon the payment
of the Sum of $9, 718. 00 by Rainbow to cover the difference in cost between their bid and the
second low bid, and;
WHEREAS, Kimble, Inc. , 1004 Sullivan Street, Elmira, NY, Submitted the apparent second low
base bid for HVAC work of $ 183, 700. 00 with a deduction of $5,200. 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 HVAC Contract with the deletion of the washbay is
$ 178, 500. 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 HVAC work to Kimble, Inc. , 1004 Sullivan Street, Elmira, NY, for the contract
amount of $ 178, 500. 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: Council Niederkorn
SECONDED: Council Klein
39
Auvust 12 , 2002 Town Board Meeting
Approved Septernber 9, 2002
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion
carried unanimously
Agenda Item No. 22 - Consider Executive Session
On motion by Councilwoman Grigorov , seconded by Councilman Lesser, the Board went into
executive session for discussion of litigation and possible litigation at 8 : 35 p . m .
On motion by Councilman Lesser, seconded by Councilman Klein , the Board returned to
regular session at 8 : 45 p . m .
TB RESOLUTION NO. 2002- 135- Resolution Authorizing Bidding of Town of Ithaca
2002 Trumansburg Road Sewer System Improvement
WHEREAS, plans, specifications and bid documents have been duly prepared relating
to the construction of water system improvements known and identified as the Town of Ithaca
2002 Trumansburg Road Sewer System Improvement (hereinafter also referred to as
"improvement ') by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly
licensed by the State of New York, which plans, specifications and related documents have
been filed in the office of the Town Clerk where they are available for public inspection, and
WHEREAS, the Town Board has, by public interest order adopted July 29, 2002,
authorized the construction of such improvement, subject to the possibility of a permissive
referendum; and
WHEREAS, the Town would like to have the improvement constructed during this (the
2002) building season to coincide with other sewer and water system maintenance and pipe
replacement projects on West Hill in the same general vicinity being constructed this building
season and to enable the project to be bid as part of the overall construction, replacement
and maintenance work so as to obtain the economies of scale of having one contractor
perform all of the work; and
WHEREAS, to expedite the construction process the Town Board wishes to begin the
bidding process, realizing that if a permissive referendum were requested no bids for this
construction could be formally accepted until the outcome of the referendum was known;
NOW, THEREFORE, be it
RESOLVED, that the plans, specifications, and related documents for the construction
of the Town of Ithaca 2002 Trumansburg Road Sewer System Improvement prepared by
Daniel Walker, P. E. Director of Engineering for the Town of Ithaca, are hereby approved; and
it is further •
RESOLVED, that the Director of Engineering be authorized to advertise for, and solicit
bids for, the construction of such improvement provided, however, that no bid for such
construction shall be accepted until thirty days have elapsed from July 29, 2002, the adoption
40
Auuust 12 . 2002 Town Board Meeting
Appi-oved September 9, 2002
of the public interest order authorizing such improvement has been duly posted and
advertised, and no petition requesting a referendum on the adoption of said public interest
order has been received during such 30-day period, and it is further
• RESOLVED, that the Director of Engineering is authorized to bid the Town of Ithaca
2002 Trumansburg Road Sewer System Improvement as an alternate bid, or in any other
form he may deem appropriate, to make it a part of a larger overall project for maintenance,
line replacement and line extension on West Hill.
MOVED: Councilman Niederkorn
SECONDED: Councilwoman Grigorov
RESOLUTION NO 2002436 - Consider Approval of Plans and Specifications and
Authorize Bidding For West Hill Water and Sewer Improvements 2002
WHEREAS, The Town Board has determined that replacement of approximately 1800 lineal
feet of old cast iron Watermain that runs behind the Biggs Buildings from Indian Creek Road
to the Cayuga Medical Center is an appropriate water system improvement, and;
WHEREAS, The Town Engineer has prepared plans and specifications for replacement of
the water main, and;
WHEREAS, A SEOR review has been conducted by the Town Board and the action has been
given a negative determination of environmental significance, and
WHEREAS, The estimated cost of the water main replacement is $ 154, 500 and by resolution
of the Board on July 29, 2002 capital project fund H13-8340 was created and funded from
unappropriated water fund balance for a total capital budget of $ 154, 000, and,
WHEREAS, The Town Board has determined that replacement of approximately 5800 lineal
feet of old Sewer main that runs behind the Biggs Buildings and the Cayuga Medical Center
south to Trumansburg Road is an appropriate sewer system improvement, and;
WHEREAS, The Town Engineer has prepared plans and specifications for replacement of
the sewer main, and;
WHEREAS, A SEOR review has been conducted by the Town Board and the action has been
given a negative determination of environmental significance, and
WHEREAS, The estimated cost of the sewer main replacement is $335, 000, and;
• WHEREAS, The Town Board has determined that extending an 8" sewer line on the west
side of Trumansburg Road from the existing sewer line ending at Fire Station 6 north
approximately 2300 lineal feet is an appropriate sewer system improvement, and;
41
August 12 , 2002 Town Board Meetincl
Approved September 9, 2002
WHEREAS, The Town Engineer has prepared plans and specifications for installation of the
sewer main, and;
WHEREAS, A SEOR review has been conducted by the Town Board and the action has been
given a negative determination of environmental significance, and
WHEREAS, The estimated cost of the sewer main installation is $ 153, 000, and;
WHEREAS, By resolution of the Board on July 29, 2002 capital project fund H12-8120 was
created and funded from Budget line G8120. 488, Hospital Sewer Trunkline in the amount of
$300, 000, and from unappropriated sewer fund balance in the amount of $244, 000 for a total
capital project budget of $544, 000, which will be sufficient to cover the costs of the capital
project, therefore now, be it;
RESOLVED, the Town Board hereby approves the plans and specifications and authorizes the
advertisement for bid and receipt of bids for the West Hill Water and Sewer Improvements 2002,
MOVED: Councilman Lesser
SECONDED: Councilman Klein
VOTE: Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman , aye. Motion carried
unanimously.
Discussion not audible - Mr. Frost 's comments
Councilman Burbank responded he received the same letter. He thought the suggested
alternative was reasonable . Councilman Burbank commented noise can be fluky . He was
able to hear the band from the wedding on Bostwick Road the Town gave a noise permit to .
Comments by Mr. Frost not audible. Councilwoman Russell was under the impression the
complaints were being handled by Mr. Frost and Ms . Rice . Mr. Frost responded he would
write a letter to the event organizer.
Councilman Burbank asked if the event should have obtained a noise permit . Comments by
Mr. Frost not audible. Councilman Klein responded the event has become much larger.
Councilwoman Russell suggested the use of the Cornell Stadium for future events .
Councilman Burbank noticed the letter from Ruth Mahr regarding the penalty for water late
payments . Ms . Hunter replied Supervisor Valentino is responding to her letter.
Councilwoman Grigorov asked what the amount of the penalty was . Councilman Klein
responded it is ten percent of the water bill . Councilman Lesser thought Ms . Mahr was
looking at the percentage of the penalty . Councilwoman Russell clarified that the Town does
not waive water bill penalties . Attorney Barney wondered if the penalty is carried over from
quarter to quarter if the penalty is not paid . It would be a 40% penalty per year if it was not
42
August 12 . 2002 Town Board Meeting
Approved September 9, 2002
paid . Attorney Barney suggested that many people do not pay because they can pay it with
their tax bill and claim it as a deduction .
Councilwoman Russell informed the board the Town received notice from the Department of
• Justice that they are dropping the ADA complaint . Councilman Klein commented it is a
bureaucratic response . They a have not made a determination , but they will not be pursuing
it .
Councilwoman Russell asked if any board member was interested in attending an incident
command course for emergency tasks force . It is training on how to deal with emergency
issues .
John Barney drafted an agreement with Alfred Eddy . It is available for the board 's review .
The agreement is regarding the lease on Town property . Councilman Burbank asked what
property . Attorney Barney responded there are two pieces of property that have been given
to the Town for parks in the Saponi Meadows area . The Town has leased the property to
Alfred Eddy to mow the property twice per year.
Councilwoman Russell wanted to get a sense of the board regarding the attempts to get the
Town Board to advocate to the County Board for funding . The Town has received a request
from the DA and Mr. Joseph is strongly against it . Supervisor Valentino does not want to get
in the middle of department head disputes . The Town Board concurred . Councilman Lesser
expressed the concern the Town might be expected to pick up the funding for programs the
County has cut . He would like the County to give the Town some indication of what some of
the deductions might be and what requests to expect . Councilwoman Russell was not sure
how to approach the issue . The board felt the County needed to make public presentations
on the issue .
ADJOURNMENT
On motion by Councilman Burbank , seconded by Councilwoman Grigorov , the meeting was
adjourned at 9 : 15 p . m .
Respectfully submitted ,
Tee-Ann Hunter
Town Clerk
Next Regular Meeting — Monday, September 9, 2002 at 5:30 p. m.
43
TOWN OF ITHACA
TOWN BOARD
SIGN - IN SHEET
DATE : Monday , August 12 , 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
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8 / 12 / 2002 Town Board Mtg ATTACHMENT # 2
Agenda # 7,
DRAFT
FINAL NOTICE OF INTENT TO UNDERTAKE AN ACTION
WITHIN AN AGRICULTURAL DISTRICT
Action : Burns Road Water Main Extension
Location : West End of Burns Road, Town of Ithaca, Tompkins County, N.Y .
Sponsoring Agency : Town of Ithaca Town Board
215 North Tioga Street
Ithaca, NY 14850
Agricultural District Affected : Tompkins County Agricultural District No . 1
This is a Final Notice of Intent being filed with the New York State Department of Agriculture and
Markets and the Tompkins County Agricultural and Farmland Protection Board, pursuant to the
requirements of Article 25AA, New York State Agriculture and Markets Law, Section 305 .4 .b , A
Preliminary Notice of Intent was filed with the State and County on August 1 , 2002 .
Detailed Description of Proposed Action :
The Town of Ithaca Town Board is proposing the authorization and installation of approximately 1800 +/-
feet of new eight-inch diameter water main, located on the west end of Burns Road, and connected to the
existing water main on Coddington Road. Eight tax parcels (consisting of approximately 78 . 6 acres) abut
the proposed water main, seven of which contain existing residences. The area is not served by public
sewer. The current zoning in the proposed service area is R-30 Residence ( 30,000 square foot lot
minimum) for the first 800 +/- feet from Coddington Road, with the remainder of the area zoned
Conservation District (seven acre lot minimum) . Owners of several of the existing residences, including a
child day care center, have requested the extension of public water to their properties because of
significant water quality and quantity problems, including high concentrations of iron and sulfur and
significant amounts of natural gas infiltration . The area to be served is already in a town-wide water
district. The project is anticipated to begin construction in October 2002 and is funded through the
established Town Water Fund.
Agricultural Setting :
All of the properties that would be served by the proposed water main extension are situated within
County Agricultural District No. 1 . Within the Town of Ithaca, County Agricultural District No. I also
includes additional properties along Coddington Road, and Agricultural District No. l extends into the
adjacent Towns of Danby and Dryden to the south and east (refer to attached location map illustrating
County Agricultural District No. 1 ) .
The area along Burns Road in the Town of Ithaca to be served by the proposed water main no longer
contains any active farmland . One of the properties (Tax Parcel No. 48- 1 - 14 . 62 owned by Silsbee)
contains former, inactive agricultural fields, but has not been actively farmed for many years . All of the
Silsbee property, except for seven acres along Burns Road, has been placed under a conservation
easement held by the Finger Lakes Land Trust , and therefore, cannot be further developed. The seven-
acre parcel on Burns Road has the potential for up to four additional houses (containing up to eight
dwelling units) — this would be the case both with and without the proposed water main. The other large
property to be served by the water main (Tax Parcel No . 48- 1 - 14 . 312 owned by Willis & Shirley Hilker)
contains an existing residence and is mostly wooded with very steep terrain . All of the remaining parcels
to be served by the water main are developed with residences, and have no potential for agricultural use
(other than as a secondary use associated with the residential use) .
DRAFT
The remainder of the immediate surrounding area along Coddington Road in the Town of Ithaca that is
situated in Agricultural District No. 1 consists of a mixture of low-density residential development,
undeveloped woodland (including City of Ithaca Watershed land), and inactive agricultural fields. The
area is dominated by Six Mile Creek and its steep, wooded slopes, which has not been conducive to viable
farming in this area .
Adjacent areas in the Towns of Danby and Dryden, slightly less than 1 mile away, are similar in character
to that described above, except that there is a large tract of actively farmed land further south along
Coddington Road in the Town of Danby. These areas are not within the Town of Ithaca water district,
and there are no plans to extend water to these adjacent communities.
Agricultural Impact of the Proposed Action Including Short-term and Long-term Effects :
The proposed water main extension will have no direct impact on agricultural lands. The construction of
the water main itself will be located in the Burns Road right-of-way, and will have no physical impacts on
any agricultural lands. An analysis of development potential in the area given current zoning
requirements to be served indicates that the extension of the water main will not have any significant
impacts on residential growth potential in this area . The two large parcels to be served by the proposed
water main have an additional development potential of a maximum of seven houses containing between
seven and fourteen dwelling units. Much of the area is strictly regulated by the Town ' s Conservation
District, which allows a maximum of one house per seven acres, while another large portion of the vacant
land is restricted by a conservation easement held by the Finger Lakes Land Trust . The other parcels in
the area to be served already contain existing houses, and have little additional development potential .
Surrounding areas within Agricultural District No. 1 will not be served by the water main extension. In
addition, there are only scattered parcels of active farmland in those nearby areas, and the continuation of
farming in those areas is not expected to be impacted, either positively or negatively, by the proposed
water main .
Any Adverse Agricultural Effects Which Cannot be Avoided Should the Proposed Action be
Implemented :
It does not appear that there will be any adverse agricultural effects resulting from the proposed project .
The affected properties do not contain any active farmland.
Alternatives to the Proposed Action :
The main alternative to building the proposed water line for the Town, is to leave the situation as it
currently exists and not build the extension. This would mean the existing residences would continue to
have individual wells, and most likely try to improve them. Any future development along Burns Road
would also have to use individual wells. The existing day care center would most likely have to shut
down without Town water service .
The water line extension project was requested by the residents along Burns Road . Many of the
individual wells are contaminated or failing, and require upgrading or replacing .. The new public water
service will eliminate the need for individual wells. Installing the new water line appears to be the best
alternative.
Irreversible and Irretrievable Commitments of Agricultural Resources :
2
DRAFT
It does not appear that the water line will require any commitments of agricultural resources . The line
will be placed within the highway right of way, and will not serve any active farmland.
Mitigation Measures Proposed to Minimize Adverse Impacts on Continued Viability of Farm
Enterprise(s) Within the Agricultural District :
It does not appear that any mitigation measures will be required . The portion of the Agricultural District
that will be served by the water line consists primarily of existing residences, vacant land, and former
inactive farmland . The water line will not service any active farmland . The extension is being placed
within the highway right of way.
Aspects of Proposed Action Which Would Encourage Non-farm Development :
It does not appear that the proposed water line will encourage non-farm development . The properties to
be served by the water line currently are non- farm development. There are only eight tax parcels that
abut the proposed water line, with seven of the parcels having residences constructed on them . One
property has adequate acreage along with the house that could be developed, and the remaining vacant
parcel has some potential for development along Burns Road but has a conservation easement on most of
the property. The total maximum development potential for the undeveloped acreage, both with and
without the water main extension, would be approximately seven additional houses containing between
seven and fourteen dwelling units, given current Town of Ithaca Zoning requirements.
For Additional Information :
Jonathan Kanter, AICP, Director of Planning
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
Fax : 607-273- 1704
Phone : 607-273 - 1747
Email : jkanter @town . ithaca . ny.us
Catherine Valentino
Town of Ithaca, Town Supervisor
August 12 , 2002
3
8 / 12 / 02 Town Board Mtg ATTACHMENT # 3
Discuss Empire Zone Application
To: ED Strategy Committee
From: Martha Armstrong
Date : July 25 , 2002
Re : Tompkins County Empire Zone Application
---------- ----------- -------------------- ----- -- - -----------------------------------------------------------
In June, Empire State Development announced a new round of applications for Empire
Zones. This is a program that provides state-funded economic development incentives to
geographic zones . Tompkins County is one of fourteen counties that still does not have a
Zone. The application is due on August 30, 2002. This is a short schedule to accomplish a
fairly complex application .
Zone Workshop
All municipal leaders are invited to participate in a Zone workshop. This will have several
objectives :
➢ Determining the approximate geographic location of sub-zones in the county
• A total of 2 square miles ( 1280 acres) can be distributed in sub-zones around the
county — and some of that acreage can be "land banked" for future designation .
• Zones must include developable vacant areas and/or areas in need of revitalization .
• Zones may include low income and high unemployment residential areas.
➢ Discussing overall objectives for the zones within the municipal and county context.
➢ Discussing possible projects for each sub-zone.
➢ Discussing local support for each sub-zone such as :
• Infrastructure extensions
• Commitment of municipal land
• Help with zoning changes and development permits
• What current and past plans support development of a zone?
The workshop will be Thursday August 1 , 2002 from 7 to 9 PM at the Human Services
Building, 320 W. State Street, Ithaca.
Zone Resolution
All municipalities that receive sub-zones must pass a resolution supporting the Zone
application.
Sub - Zone Locations
Based on infrastructure capacity and zoning, we anticipate that the following municipalities
are most likely candidates for sub-zones : City and Town of Ithaca, T&V Dryden, T&V
Groton , T&V Lansing, and Trumansburg .
Overview of Zone Legislation and Benefits
History
New York State ' s Economic Development Zone legislation was originally enacted in 1987 .
It was a policy to help lagging areas of the state, particularly inner cities by creating
business benefits in distressed geographic areas . The name of the program was recently
changed to Empire Zone . In 2001 , legislation was proposed for every county to receive a
Zone — currently 14 counties do not have any Zones . However, the 2002 budget included
funding for only six new Zones .
What are Zone benefits ?
• Corporate tax abatement
• Real estate tax abatement
• Sales tax abatement
• Wage tax credits
• Investment tax credits
• Capital tax credits
• Loan fund for zone businesses
• Can be used in conjunction with IDA incentives
Qualifications
• It used to be that the Zone had to be located in , or contiguous to a census tract area with
certain unemployment and poverty rates
➢ Now a Zone can have non-contiguous sub-zones -- with some limitations , this
allows Zone benefits to be scattered around a county
➢ It is a long shot that Tompkins County will qualify under the program ' s current
employment criteria
• Businesses must keep increasing employment above the base period employment level
to receive benefits
• Benefits are higher for a firm relocating to NY than for expanding NY firms
• Any business in a Zone can receive benefits — so retail and housing developments can
receive benefits. However, the program benefits are skewed toward Manufacturing and
High Tech businesses .
• Zones must perform and generate development in order to continue participation in the
program. For this reason designated areas should have adequate water, sewer, and
transportation capacity as well as appropriate zoning to support development over the
next five years .
Discussion Points
• How would Zone designation help revitalize the designated areas ?
• What are your priority goals for implementing a Zone plan .
• What are the goals/visions of success ? Any particular projects you want achieved?
What indicators can we use to evaluate that success?
• What resources can be committed by local governments , agencies , business , and n -f-
p ' s ? . . . by your organization ?
Memo — Empire Zone
July 25 , 2002
Page 2
017da # ; r
EMPIRE ZONES - AN INTRODUCTION
History
New York State's Economic Development Zone legislation was inacted in
1987 to help lagging areas of the state , particularly inner cities , by creating
business benefits in distressed geographic areas . Since its inception , the
program has evolved into a less targeted system of assistance to the extent
that all but 14 of the state' s 57 counties now have zones . Six new zones will
be designated very soon leaving only about 10 counties without this
important economic development tool
Tompkins County has not applied for a zone in the past because we do not
meet the zone criteria with respect to unemployment . We are now being
encouraged to make an application because there may be initiatives at the
State level that will reverse this situation . TCAD and the County Planning
Department are collaborating on the application with leadership from each
of the municipalities that has expressed interest in participation in a zone .
Zone Benefits
• Corporate tax incentives
• Real estate tax abatement
• Sales tax abatement
• Wage tax credits
Investment tax credits
• Capital tax credits
• Loan fund for zone businesses
• Reduced utility rates
• Program can be used in conjunction with other IDA incentives
Through the Zone program , the State reimburses municipalities for the loss
of local property tax reveneues that result from the real estate tax
abatement provisions of the program .
Zone Requirements
• Area can be scattered throughout the County ; does not have be one
contiguous parcel
• Businesses must keep employment increases achieved through zone
incentives above the base period employment level
• Benefits are higher for firms relocating to New York State than for firms
expanding within the State
• Any business can receive benefits but manufacturing and high tech
industries tend to benefit most from zone participation
• Once a zone is designated , it must perform and generate development
and employment .
8 / 12 / 02 Town Board Mtg ATTACHMENT # 4
Memorandum
To : Town Board Members
From : Kevin Denton , Planning Intern
Date : 7 August 2002
RE : Town of Ithaca Traffic Accident Database and Mapping Project
Purpose : To synthesize traffic accident abstracts from the NYS Department of
Motor Vehicles and NYS Department of Transportation into an interactive
database and set of maps for the Town of Ithaca .
Methods : A database was created documenting all pertinent information from
the DMV accident abstracts . It is important to note that these accidents were
documented only if they were injury accidents , or had property damage that
exceeded $ 1000 . Data that did not have complete location node information was
not included in the map .
Using link/node information also included in the abstract , point locations of
accidents were plotted on the town map . The database was then linked to these
plotted points , allowing the user complete interactive access to all information
about a particular accident . ( See Map-A )
The NYSDOT High Frequency Accident Locations Report was used to create a
second map and database . This information was in raw count form , reporting
accidents that occurred by street and a second set by intersection . Line thickness
is used for representing accidents on street data and point size is used for
displaying intersection data . ( See Map- B )
Findings : The DMV accident data displays all the various manners of collision .
Clear patterns can be seen along certain corridors , mainly the state owned
roads . The ' manner of collisions ' displayed highlights problems other than
vehicular accidents , for example collisions with animals .
The other NYSDOT map displays more general trends . This map excludes state
owned roads in order to highlight Town of Ithaca roads .
Encl . - Map-A Reported Collisions ( 1999-2000 )
Map- B NYSDOT High Frequency Accident Locations
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of t T� 8 / 12 / 02 Town Board Mt g ATTACHMENT # 5
TOWN OF ITHACA
1821 215 N . Tio a Street ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the
Town of Ithaca , Tompkins County, New York and that the following notice has
been duly posted on the sign board of the Town Clerk of the Town of Ithaca and
the notice has been duly published in the official newspaper, Ithaca Journal.
Location of Sign Board Used for Posting : Town Clerk's Office
215 North Tioga Street
Ithaca , New York 14850
LEGAL ADVERTISEMENT : NOTICE OF PUBLIC HEARING
LOCAL LAW ELECTING A RETIREMENT
INCENTIVE PROGRAM
Date of Posting : Friday , August 2 , 2002
Date of Publication : Friday , August 2 , 2002
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA )
Tee-Ann Hunter, Town Clerk
Town of Ithaca
Sworn to and subscribed before me this day of tG '�L�� 2002
q1, L) (Avj� /1
(dY
CARRIE WHrrMORE
Notary Public, State of New York
No . 01 WH6052877
Commission Expires December 26�
NOTICE OF
PUBLIC .HEARiNG
NOTICE -IS. `HERESY
GIVEN that a public heaT-
ing will be held before the
Town Board of the Town of
Ithaca at 215 North Tioga
Street, Ithaca, NY, 'cn the
12th day of August, 2002,
at 6:30 p.m. for the purpose
of considering a local Law
Electing a Retirement Incen-
tive Program as Authorized
by Chapter 69, Laws of
2002 establishing an early
retirement incentive for elk
Bible employees of the Town
for the year 2002 .
At that time the Town Board
will hear any ' pperson .
interested in such law.
Copies are available for re-
view at the Town Clerk's
Office at 215 North Tiogo
Street; Ithaca, NY during
normal business hours .of the
Town Clerk.
Individuals with visual or
hediing impairments or ,
otKer .sp"ecial needs will be
provided .with assistance as
necessary, ' upon request.
Persons , desiring ,assistance
must make a request to the
Town Clerk 'not less than 48
hours prior to the time of the
public hearing .
Tee-Ann Hunter
Town Clerk, Town of Ithaca
August 2, 2002
8 / 12 / 02 Town Board Mtg ATTACHMENT # 6
❑ ❑ ❑ ❑ 111111 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 Electing a Retirement Incentive Program as
Town of Ithaca Town Board Authorized by Chapter 69, Laws of 2002 for the Eligible
Employees of the Town of Ithaca for the Year of 2002 .
3 . Precise location ( street address, road intersections, prominent landmarks, etc . or provide map : )
Townwide
Tax Parcel Number : N/A
4 . Is proposed action :
NEW? X EXPANSION ? MODIFICATION/ALTERATION ?_ (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 electing a retirement incentive program as authorized by Chapter 69, Laws of 2002 for the
eligible employees of the Town of Ithaca for the year of 2002 . There are no environmental issues associated with the
enactment of this local law.
AML (Attach separate sheet(s) if necessary to adequately describe the proposed project.)
a 0 Amount of land affected : N/A
nitiall (0-5 rs) Acres (6- 10 rs) (> 10 rs) Acres
How is land zoned presently? N/A
8. Will proposed action comply with existing zoning or other existing land use restrictions ?
Yes X NO If no, describe conflict briefly :
9. Will proposed action lead to a request for new :
Public Road ? YES NO -X Public Water? YES NO X Public Sewer ? YES NO X
10. What is the present land use in the vicinity of the proposed project ? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other
Please Describe : N/A
11 . Does proposed action involve a permit, approval , or funding, now or ultimately from any other governmental
agency
(Federal, State, Local ?) YES NO_X!
If yes, list agency name and permit/approval/funding :
12 . Does any aspect of the proposed action have a currently valid permit or approval ? YES NO
If yes, list agency name and permit/approval. Also, state whether it will require modification , N/A
1 CERTIFY THAT THE INFORMATION PROVIDED ABOV/E� IS TRUEAO THE BEST OF M7- Y KNOWLEDGE
Jlv � .1 i t 1
Applicant/Sponsor Name (Print or Type) : .+coal' eatius Su erviVor, Town of Ithaca
Signature and Date :
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Towns Use attachments as necessar )
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617 .4 or Town Environmental Local La
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 an .
C. Could proposed action result in any adverse effects associated with the following :
( Answers may be handwritten , if legible)
Cl . 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.
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 .
Town of Ithaca Town Board
Name of Lead Agency Pre rer' s Signature( ] f different from Responsible Officer)
lentirrog �>�ervisorl
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE: , t."Gl `° �JC i1 , ` C' C `.
Signature of K s onsible Officer in Lead Agency
8 / 12 / 02 Town Board Mtg ATTACHMENT # 7
Local Law Filing PYNEW YORK 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 underlining to indicate new matter.
counly
Town of - - - - - - - - - - - - - - - - - - - - ITHACA - - - - - - - - - - - - -
Local Law No. _ _ _ _ _ _ _ _ _ _ _ 6_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the year 20- - -02
A local law
ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED
- - - - - - - - - - - - - -- - - - -
- - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
BY CHAPTER 69 , LAWS OF 2002 FOR THE ELIGIBLE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
EMPLOYEES OF THE TOWN OF ITHACA
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - _
Be it enacted by the - - - _ - - - _ _ _ _ _ _TOWN_ - - - _ _ _ _ _ _BOARD - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ - _ _ of the
(Nameo/Le;isfanve Bodyl - - - - - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ITHACA
Town of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
as follows :
'Village
LOCAL LAW NO . 6 OF THE YEAR 2002
A LOCAL LAW ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY
CHAPTER 69 , LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE TOWN OF ITHACA
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1 . The Town of Ithaca hereby elects to provide all of its eligible employees with a retirement
incentive program authorized by Chapter 69 , Laws of 2002 , of the State of New York,
Section 2 . The commencement date of the retirement incentive program shall be October 3 , 2002 ,
Section 3 . The open period during which eligible employees may retire and receive additional
retirement benefit , shall be ninety (90) days in length .
Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the
provisions of this local law shall be paid as one lump sum , or in five (5 ) annual installments . The
amount of the annual payment shall be determined by the Actuary of the State of New York and Local
Employees Retirement System , and it shall be paid by the Town of Ithaca for each employee who
receives the retirement benefits payable under this local law .
Section 5 . This act shall take effect August 22 , 2002 .
(if additional space is needed , attach pages the same size as this sheet , and number each .)
COS - 239 ( Rev . 11 /99) 1 )
(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, d TiWAKas local law No. _ _ _ _ _ _ _ _ _ _ _ _6
_ _ _ _ _ _ _ _ _ _ of 20_ _ _02
of the r.o rriry�( Town) (�1t) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed b the
OWN OA on AUG . 12 20 02, 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 _ _ _ _ _ _ _ - _ __ _ _ _ _ _ _ 20 - - - -
(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) (Village) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed a
(Name of Legislative Body)
disapproval ) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - 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 (gene ral)(special )(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20L-_ _ 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
(Name of Le gislative Body)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20- - - - , and was ( approved) (not approved)(repassed after
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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M - _ _ 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 count
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)
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 20- - - - - -
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.
(If 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 theiefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph - - - - - - - - - - - - - above .
11It lfit l� lf C ( L` Lt _ r l y Clerk of tXlXg�s tb�c � Town or }tiRP;agcekrtr-
oF 4fteer-designated bytoZShtegslaat`ve 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
TOMPKINS
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 �h e 'd hereto .
AIN Signature
TORNEY FOR THE TOWN
Title
>CX °Xry ITHACA
CA tyx o f
Town
% 3NE1$X
Date :
( 3 )
8 / 12 / 02 Town Board Mtg ATTACHMENT # 8
OF IT Agenda # 10
TOWN OF ITHACA
215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
� '" www . town . 1thaca . ny .us
TOWN CLERK 273- 1721 HIGHWAY (Roads , Parks, Trails , Water & Sewer) 273-1656 ENGINEERING 273-1747
PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273- 1704 or (607 ) 273-5854
MEMORANDUM
TO : Town Board Members
FROM : Judith C , Drake , PHR , Human Resources Manager
DATE : August 7 , 2002
SUBJECT : Health Insurance Request for Proposals
Attached is a summary of the proposals that the Town received for Health Insurance for 2003 . The
I o(ompanies that we received proposals from are Aetna , GHI , HealthNow and Blue Cross Blue Shield
f Central NY . In the proposal it requested that they provide quotes from the different programs that
ere available for the Tompkins County area . It was also requested that they provide optional pricing
r different levels of co- pays and for prescription drugs .
On the attached sheets there are 5 basic styles of plans listed , and they are HMO , POS , PPO ,
Traditional and Comprehensive . The differences between these plans are :
1 . HMO ( Health Maintenance Organization ) = Primary Care Provider is required as are referrals .
Must use participating providers or no coverage . Established co- pay per visit . No claim forms .
Community Rated plan for premiums .
2 . POS ( Point of Service ) = Same as HMO , however there is coverage for going out of network ,
but a deductible and co- insurance applies and does processing claim forms . Community
Rated plan for premiums .
3 . PPO ( Preferred Provider Organization ) = Use any participating provider and self refer and pay
the applicable co- pay . For out of network coverage , then deductible and co- insurance applies .
Group Rated plan for premiums .
4 . Traditional = Inpatient and Surgical care with participating provider paid in full , Major medical
expenses there is a deductible and a co- insurance . Claim form filing required of patient .
Group Rated plan for premiums .
5 . Comprehensive = Deductible and Co- insurance applies to all , however there are out of pocket
expense per person limits . Claim forms required of patient . Group Rated plan for premiums .
On the attached sheets you will find at the top in green the Town ' s current plan with Univera
Healthcare . As you proceed down the pages I have highlighted in yellow plans that would be equal
to or a cost savings for the Town . Some of the cost savings is due to a change in the co- pay level
and or in the prescription drug co- pay amounts . In pink is the plan that I recommend the Town
Board choosing as the option for 2003 coverage . The PPO offered by Blue Cross Blue Shield offers
the Town the same level coverage as currently provided to the employees at a small decrease in
premiums . On the last page of the attached sheets I have provided a comparison for annualized cost
if the Town Board chooses the PPO $ 10 co- pay plan proposed by Blue Cross Blue Shield . This
comparison shows that there would be a $ 10 , 000 savings by the Town in 2003 .
At this meeting I am not requesting the Town Board to take any action . The information has been
provided for discussion purposes . At this meeting I would like to get a feeling from the Town Board
on what plan they are the most interested in offering to the employees . This will allow time for
feedback from the employees if the Town Board wants to make any changes in the plan design . I am
also still in the process of accessing the participating provider network versus the realm of medical
professionals that the employees and their families are currently utilizing .
If you have any questions or would like any further information , please let me know so that I can
provide it for you or contact me .
X X X
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V ATTACHMENT # 9 %genda, # 2 0
TOWN CLERK' S REPORT
FOR AUGUST 12 , 2002 TOWN BOARD MEETING
Records Management
MAP STORAGE PROJECT - The Town Clerk' s Office has begun work on the map storage
project funded by the State Archives and Records Administration . Lori Quigley, part time
Deputy Clerk , has been hired as the grant funded Records Clerk and will be working with
Engineering , Planning , and Building and Zoning staff to design and implement the storage
system . The first step in this is completing a physical inventory of the maps on hand to
determine the type and quantity of storage boxes needed .
DEWITT HISTORICAL SOCIETY — On Monday , August 5th , the DeWitt Historical Society
moved approximately 125 boxes of glass negatives to the Town ' s inactive records storage
room . We will be storing the glass plates at Town Hall during construction of the Gateway
Project . An agreement holding the Town harmless has been signed and the Town will be
receiving $ 100/month for the storage space .
DIRECTORY OF TOWN RECORDS — Carl Valentino returned this summer to work on the
electronic directory of Town records . The searchable directory has been "stabilized" and
updated . Board members are invited to come to the Clerk' s office to see how the directory is
used to locate records and information .
License Sales
The Town has officially withdrawn as sales agent for hunting and fishing licenses . We will be
directing people to the City and the County .
Clerk' s Fees
Carrie Whitmore has surveyed a number of townships we felt similar to the Town of Ithaca for
information on their fee schedules . She has created a spreadsheet comparing the fees and it
has been circulated to staff for their review and recommendations . Most townships approve
their fee schedule on an annual basis through adoption of a resolution at their organizational
meeting in January . This allows the fee schedules to be looked at and updated annually .
The Town of Ithaca fee schedule is in the form of a local law . Changes to any fee require
changes in our local law , a somewhat expensive and cumbersome process .
Elections
Two voting machines have been scheduled for servicing on August 19th . They are the
machine from the Cayuga Heights district which had a sticky lever and a machine that had
mistakenly been in the custody of the City of Ithaca .
Because there are so few registered voters in the Town ' s voting district # 12 , the County has
eliminated the Maple Avenue polling place , combining it with districts 11 at the Reis Tennis
Center.
mrc:> dN CLERK ' S MONTHLY RB1pC> aT Agenda �
TOWN OF ITHACA , NEW YORK JULY . 2002
I, THE SUPERVISOR : PAGE 1
suant t ^ Section. 27 . Subd 1 of the Town Law , I hereby make the fcllowiaa statement of all fees and moneys received by me
connection with mr office during the month stated above , exceptina only such fees and moneys the application and payment
of wh ! � h are ntherwi $ e prn ' ided for by law .
2002 SPORTING LICENSES
2003 SPORTING LICENSES
DECALS
16 _ MARRIAGE LICENSES NO , 02039 TO 02054 140 . 00
AGRICULTURE REPORT
COPY AERIAL PHOTOS
MISC . COPIES 32460
COMPREHENSIVE PLAN
DRAFT ZO MAPS ( PER MAP )
DRAFT ZO MAP SET
. _... .....
DRAFT ZO
DRAFT ZO PACKAGE
ENVIRONMENTAL REVIEW
EXECUTIVE SUMMARY ZO
10 MARRIAGE TRANSCRIPT 100400
1 NOISE ORDINANCE 1000
RETURNED CHECK — CLERK
1 RETURNED CHECK — TAXES 5400
1 RETURNED CHECK — W & S 5 . 00
OPEN SPACE REPORT 1984
POSTAGE
PARK OPEN SPACE EXEC SUM
PARK OPEN SPACE FULL RPT
SIGN ORDINANCE
SIX MILE CREEK REPORT
3 SUBDIVISION REGULATIONS 9 . 00
15 TAX SEARCH 75 . 00
USE OF PARKS & BLDG
1 WETLAND GUIDELINES 3 . 00
WATER & SEWER SEARCH
1 ZONING MAP 31150
1 ZONING ORDINANCE 81150
ZONING ORDINANCE DRAFT
A1255 TOTAL TOWN CLERK FEES
__ .. .. _ 382 ._ 60
A1555 63 DOG ENUMERATION __63 ,_ 00
A1556 1 SPCA CONTRACT 2.77 ._78
A1557 1 SPCA IMPOUND FEES 50 . 00
A2389 VOTING MACHINE FEE
A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
1 BINGO FEES 8 . 48
2540 TOTAL A2540 8 . 48
X2544 63 DOG LICENSES 126 . 00
�a
TOWN CLERK ' S MONTHLY REPORT
JULY , 2002
PAGE N2tary PubliclCouncilmar,
A2701 ... REFUND PRIOR YEAR EXPENS
BUILDING PERMIT 3 , 705 . 00
5 BUILDING PERMIT EXTENSIN 125 . 00
FOUNDATION PERMITS
_ _ _ 1 _ CERTIFICATE OF OCCUPANCY 50 . 00
6__ . TEMP . CERT , OF OCCUPANCY 1 , 875 . 00
USE PERMITS
1_ _ OPERATING PERMITS 100600
„ 1 FIRE SAFETY INSPECTIONS 25 . 00
SIGN PERMITS
_9_ ZBA AREA & USE VARIANCES 720 . 00
_ . _ . . _ ZBA ADDITIONAL MTG , FEE
1 -_ ZBA SPECIAL APPROVALS 100000
_ ZONING SIGN APPROVALS
B2110 TOTAL B2110 6 . 700 . 00
SUBDV . REV . INITIAL APL .
SUBDV , REV , PRELIM . PLAT
SUBDV , REV , FINAL PLAT
_ SBDV , REV , PLAN REAFFIRM
SITE PLAN INIT , APL . FEE
SITE PLAN PRELIM , PLAN
SITE PLAN FINAL PLAN
_ _ . -_ _ . . . ADD . MTG . FEE AGENDA PRO
_ 1 ASS . MTG , FEE P . H . PROCE 50 . 00
B2115 TOTAL B2115 50000
Paid to Supervisor for General Fund 907 , 85
Paid to Supervisor for Part Town
_. ._. 6 , 7 5.0. . _ 0 0
Paid to Countv Treasurer for Dog Licenses 83 , E
Paid to Aa & Markets for Dog Licenses 6 00 -•
----------. .__--
Paid to NYS Health Department for Marriaae Licenses 180 . 00
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Binao Licenses
Total Disbursements 7 , 927 . 08
AUGUST 2 . 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 foreaoinq 1 a full and true statement of all Fees and Honeys received by her durina the month above stated .
e .. ceptrnc only such Fees the aorlication and payment of which are otherwise provided for by law .
subscribed and :worn to before me this --
1 - -
Town Clerk
CARRIE WHITMORE
Notary Public, State of New York
No. 01WH6052877
Tioga County Al
Commission Expires December 26,�C�
Town of Ithaca Town Board, August 12, 2002
Highway Department Report for July 2002
Public Works Facility
The Town Board awarded contracts at the July 29, 2002, meeting. We have sent out the award of
contracts letters. We also sent the contracts and the plans and specifications that they need for the
project. A pre-construction meeting has been set for Wednesday, August 14, 2002, at 10 :00 a .m.
We have everything in motion and will report at the board meeting if there are any new
developments .
Route 366 Pedestrian/ Bike Trail Lighting on Tudd Falls Road
The Transportation Committee has met and it has been reported on about the need to light the
Judd Falls Road portion of the walkway by the pedestrian bridge. Jeff Lapar, Cornell' s Lighting
Engineer, has put together what lighting we need . He has also provided an estimate of what it
would cost for Cornell to install this lighting. We will need the Town Board' s approval for this
expenditure .
Roads
Renzvick Drive Reconstruction : We have completed the paving on Renwick Drive . There is still
some small clean up work to be done along with a short section of guide rail to be installed . The
guide rail will be a wood guide rail backed with steel . It should be more aesthetically appealing.
We are trying this style of guide rail in that area to decide if we would like to use this guide rail in
other areas of the Town. When these tasks are completed, Renwick Drive project will be done.
Stone Quarry Road Rebuild: We closed Stone Quarry Road completely with no through traffic for
emergency vehicles . We announced the total closing on Channel 7, in the newspaper, and on the
radio . We informed the Sheriff' s Department, Fire Department, Bangs, and the Post Office of
which addresses are accessible from the City and which are accessible from West King Road . We
rented an excavator with a hammer to break out rock and remove the debris that is in the way of
the installation of the box culvert. We will be receiving the new box culvert around the middle of
August. We hope to have that in place by the middle of September . We will then begin work on
the large washouts on the shoulder of Stone Quarry Road .
Winthrop Drive : The storm drainage on Winthrop Drive has been proceeding well . We have been
working with each property owner and have had no complaints that we are aware of. This project
will be finished before school opens .
Parks and Trails
New plantings at Town Hall and Oakwood Tank were installed and watered during the dry
weather . Tree Gator Watering Systems were put back up on the trees at East Shore Park as the
drought put plantings under extreme distress .
All our play structures with woodchip surfaces had fibar mulch re-applied to bring them up to
proper depth.
The Town Highway Department continues to work with the youth programs within Tompkins
County, and a summer youth worker will start working with us in August. This person will help
the grounds crew with park and trail maintenance .
Water and Sewer
The Town has been working with Bolton Point and NYSEG to bring the new Oakwood pump
station on line. We now have emergency back up for the Cliff Street water pump station, and
anticipate being able to put the new pump station on line with some modifications . We still have a
ways to go with our much-needed improvements on the West Hill water system that supplies
water to the hospital .
During July the Town crews assisted in locating a water main break at 109 Penny Lane . This has
now been repaired . We also provided confined space entry support to Bolton Point for their
quarterly Pressure Reducing Valve (PRV) inspections . We assisted Bolton Point by helping
calibrate several large meters including Mitchell Street and Bluegrass Lane sites.
On July 31, 2002, the Town crews responded to an emergency call to Forest Home sewer pump
station. The crew was able to get the station temporarily back on line and the final repair was
accomplished the following morning. The Town has been performing all sewer pump station
maintenance and emergency repairs since July 1, 2002.
Other small projects worked on within the Highway Department in July include lawn repairs,
ditching, preparing for surface treating of roads, park and trail site mowing, and roadside
mowing.
Projects for August:
1 . Continue work on Winthrop Drive underground drainage .
2. Surface treating of roads .
3 . Park and trail grounds maintenance .
4 . Water and sewer maintenance .
5 . Prepare for Construction at the Public Works Facility .
6. Begin tree and shrub plantings at Hanshaw Road back lot sewer project.
7. Maintenance at Town Hall .
8 . Plantings at Forest Home sewer pump station.
9 . Continue work on Stone Quarry Road .
10 . Begin tree and shrub plantings at Oakwood Pump Station.
ghk
Town Engineer's Report for 8/12/02
Town Board Meeting
GENERAL
Records Management
Engineering staff is continuing to work with existing record maps of the Town ' s water and sewer systems to develop an
electronic GIS record map. Student interns are being utilized to transfer data from the paper record maps and field notes to
accurately locate Town facilities on the Arc View GIS . The Engineering staff is also working with the Town Clerk' s staff to
implement the improved map storage system funded by the SARA grant received by the Records Management Officer. The
map database is also being updated and improved for easier use.
Park and Open Space
The engineering report for the Hanna Pew Trail to document the project for funding has been approved by NYS Office of
Parks and Historic Preservation, and is now under review by the regional office of NYSDOT. Property acquisition and final
design for the trail will proceed after the NYSDOT approval is received .
Highway
The Town Engineer has been working with the Highway Superintendent and Hascup Lorenzini Architects on the Public
Works Facility improvements. The project contracts have been awarded and the contract documents are being executed with
a pre-construction meeting scheduled for August 14 .
The Town Engineering staff is working with the Highway Department on the design for the Stone Quarry Road repair.
Tompkins County Emergency Management Planning Committee
The plan is nearing completion and a draft copy will be given to committee members in the near future.
Town of Ithaca Emergency Management and Fire Protection
Town staff is in the process of updating the Town emergency response plan.
EARTH FILL PERMITS
No activity has occurred on the City of Ithaca application for the proposed demolition and construction spoil disposal site on
the Landstrom lot.
Ithaca College submitted an application for a fill permit on college property near the Coddington Road entrance . The
application was complete and because the volume of fill exceeds 2500 CY requires a recommendation from the Planning
Board, which was made at the May 21 planning board meeting. The permit was approved at the June 17`x' Zoning Board of
Appeals meeting. It now appears that the additional cost of restoring the area may negate the benefit of using this site for the
material excavated from the College Circle project based on the contractors cost proposal .
WATER PROJECTS
Integrated Water System
Final project planning and design work on improvements for the integrated water system is on hold until completion of the
revised SCLIWC agreement .
TOWN ENGINEERS REPORT 8/ 12/02
West Hill Water System
The Engineering Staff is completing preparation of the contract documents for replacement of the watermain behind the
Biggs complex and the Hospital . These plans will be presented to the Town Board for approval and authorization to bid
at the August Board meeting.
Several alternatives for a new water storage tank are being reviewed , including several sites on the EcoVillage property.
Site surveys have been completed and test borings are being done to assist in completing an engineering report with
recommendations . y
Burns Road Water Main Extension
The Town Engineer has prepared an engineering report and preliminary cost estimate for the extension of a watermain on
the South end of Burns Road . The project has been reviewed by the Capital Projects Committee, and was discussed at
the July 29 Special Town Board meeting . The environmental review and Agricultural assessment is being completed .
SEWER PROJECTS
Intermunicipal Sewer System
The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for expanding the partnership
in the sewer system. The Intermunicipal Sewer Group includes the three existing partners in the Joint Sewer
Subcommittee of the City of Ithaca, The Town of Ithaca, and The Town of Dryden , plus the three potential partners,
which are the Village of Lansing, The Village of Cayuga Heights and the Town of Lansing. The Draft Environmental
Impact Statement has been revised and will be submitted to DEC for comments in August. The Town Engineer has
reviewed project data and cost information provided by the City of Ithaca to evaluate the appropriate cost participation in
the jointly used interceptor sewers . Negotiations regarding these costs are continuing between the Town and City .
Stearns and Wheler have developed the preliminary Design of the Phosphorus removal project at the Ithaca Area Waste
Water Treatment Facility . The project design is proceeding well and should be completed this summer for construction
later in the year.
West Hill Sewer System
The Town Engineering staff is in the process of completing the contract documents for replacement of the Trumansburg
Road Hospital sewer line. These plans will be presented to the Town Board for approval and authorization to bid at the
August Board meeting .
DEVELOPMENT REVIEW
Site work for the PRI Museum of the Earth is continuing with construction of the drive and parking areas, along with
building construction . The Town Engineering staff has been inspecting the site periodically to ensure compliance with
the approved site plan . The contractor has installed the required sediment and erosion control measures and is
maintaining them . No site related problems have been noted .
EcoVillage is continuing on the site work for the second resident group with construction on the roadways and driveway .
Sediment and erosion controls have been maintained adequately during construction .
The Town Engineer completed review of the College Circle proposal as part of the Planning Board approval process, and
the project has received site plan approval from the Planning Board . The Storm Water Management plan for the site was
approved and will be inspected for compliance by the Engineering Staff. The Town of Ithaca will be monitoring
operation and maintenance of the storm water control system , and has authority by agreement to ensure proper function .
Site construction , starting with the drainage improvements is expected to start in August.
The Town Engineering staff has been monitoring drainage work and sediment and erosion control systems at the Baker
institute expansion project .
LATB prep\August\Reports\ERPT0208 .doc
Daniel R . Walker Page 2 8/7/02
M
5
i
Planning Director ' s Report for August 12 2002 Town Board Meeting
DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board .
July 2 , 2002 Meeting :
East Side Restaurant Modifications , East Hill Plaza , Pine Tree Road : The Planning
Board granted Preliminary and Final Site Plan Approval and issued an affirmative
recommendation to the Zoning Board of Appeals regarding Special Approval for the
proposed splitting off a +/- 1 , 200 square foot portion of the former East Side Restaurant
to create a new restaurant space in East Hill Plaza located between Pine Tree Road and
Ellis Hollow Road , on Town of Ithaca Tax Parcel No. 62 -2- 1 . 121 , Business District C .
The modification will result in the creation of space for two separate business
establishments, one +/- 1 ,200 square feet in size and the other +/- 2 , 800 square feet in
size . Cornell University Real Estate Department, Owner; Ashley Management
Corporation, Agent .
Paolangeli Three-Lot Subdivision , Harwick Road/Wildflower Drive : The Planning
Board granted Preliminary and Final Subdivision Approval for the proposed three-lot
subdivision located off Hartwick Road and Wildflower Drive , Town of Ithaca Tax Parcel
No . 60- 1 -25 . 2 , Residence District R- 15 . The proposal is to subdivide the 3 . 8 +/- acre
parcel into three parcels, with the 15 , 052 +/- square foot parcel and the 21 ,427 +/- square
foot parcel to be used for new residences . The 3 . 064 +/- acre parcel will be retained by
the owner for possible future development . PJTM Corp . , Owner; Francis J . Paolangeli ,
Applicant .
Ithaca College Connector Road (to College Circle) : The Planning Board granted Final
Site Plan Approval for the proposed construction of a connector road between the
College Circle Apartments and L-Lot parking area at Ithaca College , Town of Ithaca Tax
Parcel No . ' s 42 - 1 - 13 . 2 and 41 - 1 - 30 . 2 , Residence District R- 15 . The project involves
construction of a 590 +/- foot road , a walkway, stormwater facilities including a new
detention basin, and modifications to the existing parking lot to accommodate the new
road . Ithaca College , Owner; QPK Design , Applicant ; David A . Harding, Agent .
Cornell University Precinct 9 Athletic Fields (behind Tennis and Equestrian
Centers), Pine Tree Road : The Planning Board granted Final Site Plan Approval for the
proposed Cornell University Precinct 9 Athletic Fields located off Pine Tree Road behind
the Reis Tennis Center and the Cornell Equestrian Center, Town of Ithaca Tax Parcel
No . ' s 60- 1 -9 . 1 , 60- 1 -9 . 21 60- 1 - 18 , 60- 1 - 5 , and 60- 1 - 8 . 2 , Residence District R-30 . The
proposal includes the creation of two multi -purpose athletic fields , involving the
deposition of 7 , 500 +/- cubic yards of fill . The proposal also includes improvements to
the existing stormwater detention basins and creation of a recreation trail , linking the
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proposed athletic fields and the Reis Tennis Center to the East Ithaca Recreation Way.
Cornell University, Owner/Applicant ; Laurene Gilbert, ASLA , Agent.
July 16 2002 Meeting :
Gould Two-Lot Subdivision , 154 Indian Creek Road : The Planning Board granted
Final Subdivision Approval for the proposed two-lot subdivision located at 154 Indian
Creek Road , Town of Ithaca Tax Parcel No . 22 - 2 -6 . 1 , Residence District R-30 . This is a
revised proposal to subdivide the 38 ,362 +/- square foot parcel into two parcels of 15 ,011
+/- square feet (Parcel A) and 23 , 351 +/- square feet (Parcel B), each containing an
existing house . This received Preliminary Subdivision Approval at the June 4 , 2002
Planning Board meeting, subject to revisions and conditions regarding lot sizes and septic
system requirements . John G . & Nancy I . Gould , Owners/Applicants .
Walker/VanValen Subdivision , Coddington Road : The Planning Board granted
Preliminary and Final Subdivision Approval for the proposed subdivision on Coddington
Road at the Town of Danby line , Town of Ithaca Tax Parcel No . 47 -2 -6 . 52 , Residence
District R- 30 and Conservation District . The proposal is to subdivide two parcels totaling
0 .49 +/- acres from the 62 . 73 +/- acre parcel , which will be consolidated with two parcels
resulting from subdivision of the existing 0 . 37 +/- acre triangular parcel in the Town of
Ithaca . Parcels in the Town of Ithaca will be attached by deed to parcels in the Town of
Danby, creating two lots that meet minimum lot size requirements in the Town of Danby.
Neither parcel in the Town of Ithaca will have road frontage and will be deed restricted
so as not to be conveyed separately from the lots in Danby to ensure required road
frontage . Richard L. and Ruth S . Walker, and George VanValen , Owners/Applicants .
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following are accomplishments or issues that have been dealt with over the past
month .
SEAR Reviews for Zoning Board : Four new SEQR reviews for the Zoning Board were
done since the July report : ( 1 ) approval for a 500 +/- square foot addition on an existing
non-conforming building, ] ] 8 Judd Falls Road, Residence District R- 15 , Arthur Bloom ,
Appellant ; (2) variances to construct a 19 foot high accessory building ( 15 foot height
limitation) on a vacant parcel , with the accessory building being the only (principal) use,
203 Bostwick Road , Residence District R-30, John Longo, Appellant; (3 ) special
approval to create a new 1 ,200 +/- square foot retail food service establishment within an
existing building space at East Hill Plaza, 335 Pine Tree Road , Business District C ,
Cornell University Real Estate Department/Ashley Management , Appellants ; and (4)
approval to alter non-conforming buildings on a non-conforming lot to create two
residential buildings and one garage (and possible height variance) , 891 Taughannock
Boulevard , Residence District R- 15 , Peter Newell , Appellant .
Codes and Ordinances Committee : The Committee met on July 17 , 2002 to continue
review of comments received regarding the revised Zoning draft and to consider
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additional revisions to the Zoning map . The Committee discussed the possibility of
preparing a presentation/discussion of the proposed Zoning revisions for broadcast on a
public access channel through Time Warner Cable . The Committee also conducted a site
visit to a property off of Coddington Road , which is proposed for inclusion in a new
Conservation zone to review the proposed boundaries of that Conservation zone . The
next Committee meeting is scheduled for Wednesday, August 21 , 2002 .
Capital Projects and Fiscal Planning Committee : The Committee met on July 26 , 2002 to
review and evaluate the proposed Trumansburg Road Sewer Main Extension . The
Committee recommended in favor of installing this sewer extension with modifications .
No additional Committee meetings have been scheduled at this point .
Transportation Committee : The Committee met on July 11 , 2002 to discuss the pending
grant application for the Transportation Plan . Subsequently, Planning staff completed the
application to the NYS Dept . of Transportation , and submitted the application on July 31 ,
2002 . The next meeting was scheduled for Thursday, August 22 , 2002 at 2 : 00 p .m . The
Planning Department intern has been processing traffic accident data obtained from the
State, and will be available at the August 12`h meeting to summarize the results of that
work with several maps illustrating highlights of the data.
ITCTC Planning Committee Meeting : The Ithaca-Tompkins County Transportation
Council (ITCTC) Planning Committee met on July 16 , 2002 . Agenda items included a
discussion regarding the upcoming Transportation Improvement Program (TIP)
amendment process , an update on the Trumansburg Main Street Enhancement project,
and a status report on the NESTS Transit Study. A meeting of the sub-committee for the
Freight Study follow-up is scheduled for August 22 , 2002 .
Agricultural Land Preservation Program : The Attorney for the Town has drafted a letter
of intent for the acquisition of the agricultural conservation easement on West Hill , and
this was sent by the Supervisor to the owners of the property. A survey of the easement
area has been completed for review by the Attorney for the Town , who is also working
on drafting the actual easement language for review by the owners . A tentative
timeframe for conveyance of the easement has been set for the end of August 2002 .
Intermunicipal Sewer Project DEIS : The Draft EIS is in the final stages of completion by
the consultant , and will be forwarded to NYS Dept . of Environmental Conservation
(DEC) soon . This completes the lengthy in-house review process , and will trigger the
next step in the process . If determined complete by DEC , the DEIS will be circulated for
public review , and a public hearing will be scheduled . (Dates will be forthcoming.)
2003 Budget : The Planning Department ' s proposed 2003 Budget has been completed and
submitted for review by the Supervisor and Budget Officer.
Lake Source Cooling Monitoring : Town officials and the Town ' s consultant met with
Cornell officials on July 18 , 2002 to discuss availability of data . It was determined that
the data that had been requested by Benchmark was already available on the Cornell Lake
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Source Cooling website in Appendices, and that this data, which is readily available to
the public , would be sufficient for Benchmark to conduct their independent analysis so
that they can report back to the Town Board with their observations .
Route 366 Bridge Project — Lighting : Representatives from the Town Departments of
Highway, Engineering and Planning met at the construction site with representatives
from Cornell and the State contractors to discuss lighting of the pedestrian/bicycle
pathway. Cornell plans to install electrical conduit that would allow the installation of
several lights along the walkway. Cornell agreed to provide the Town with
recommendations and estimates regarding the number and types of light poles and
fixtures that would be needed to adequately light the walkway. The next step would be
for the Town Board to consider authorizing the necessary funds to install the lights .
Personnel — Performance Reviews : Performance reviews of Planning Department staff
were completed in July.
4
1pgenda n`' I
TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF JULY 2002
MONTH YEAR TO DATE
VRESIDENCES RMIT YEAR 9 OF PERMITS AMOUNT # AMOUNT
ILY 2002 2 457,000 9 114122000
r2002 2 347,000 10 1 ,2989144
0 0 4 935,000
TWO FAN41LY RESIDENCES 0 0 2 220,000
0 0 10 116,834
RENOVATIONS 1 7,500 13 1695282
2002 1 61500 4 42,329
CONVERSIONS OF USE 2001 0 0 1 30,000
2002 2 55,000 11 469, 137
ADDITIONS TO FOOTPRINT 2001 4 168,225 12 332,757
2002 0 0 25 7,081 ,925
MULTIPLE RESIDENCES 2001 0 0 3 444,800
2002 1 CMC office modification 20,000 9 157877800
BUSINESS 2001 3 100,267 12 2,387,401
2002 0 0 0 0
AGRICULTURAL 2001 0 0 0 0
2002 0 0 0 0
INDUSTRIAL 2001 0 0 0 0
2002 1 CU Wilson Lab repair brick wall 2609000 5 3,928, 100
'ATIONA L 2001 1 165,000 11 14,8065230
1 Demolish single-family home 15,000
1 10' x 24' accessory building 31000
1 8 bay carport (EcoVillage) 16,000
1 Modify outside deck and add air unit 900
1 Replace roof on existing sunroom 16,745
MISCELLANEOUS 2002 5 51 ,645 23 551 ,945
CONSTRUCTION 2001 18 407700 28 1815779
TOTAL NUMBER OF 2002 12 850, 145 100 16,3251070
PERMITS ISSUED 2001 19 828,692 92 19,8707393
TOTAL FEES 2002 12 19675 100 232710
RECEIVED 2001 19 1 ,895 92 17,925
Date Prepared : July 5, 2002
Dani L. Holford
Building/Zoning Department Secretary
July 2002, Page 2
TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS NIONTH - 19
1 . 132 Enfield Falls Road - 120 square foot gazebo.
2. 101 Dates Drive (CMC) - renovations - temporary.
3. 232 Rachel Carson Way - new single-family unit - temporary.
4. 21 Marcy Court - 11 ' x 23' "open" porch.
5 . 221 Rachel Carson Way - new two-family home - temporary.
6. 232 and 234 Rachel Carson Way - new two-family home - temporary.
7. 689 Coddington Road - 24' x 24' outside wood deck.
8. 105 Briarwood Drive - new two-family home (5 bedrooms total).
9. 2 Sandra Place - add insulation and sheetrock to garage.
10. 107 Kings Way - new single-family home.
11 . 10 Peachtree Lane - finish off portion of basement/cellar.
12. 1105 Trumansburg Road - basement bathroom, laundry room, and exercise room.
13 . College Circle Building 28-31 A&B - building renovations.
14. College Circle Building 32-37 A&B - building renovations.
15 . Palm Road (CU) - new Paint and Carpenter Shop - temporary.
16. 920 Coddington Road (CRCC) - day care addition - temporary.
17. 237 Renwick Drive - bathroom renovations.
18. 106- 1 Briarwood Drive - unit I of a new two-family home - temporary.
19. 411 Summerhill Lane - new 7 unit multiple dwelling - temporary.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2002 - 95
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2001 - 111
INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 2
1 . 1229 Trumansburg Road (Lakeside Nursing Home) - building code - no violation found.
2. 303 Sheffield Road - building code - pending.
From December 2000:
1 . 172 Calkins Road - property maintenance- (partially abated) - limited timeframe agreed to for complete abatement.
From Mav 1995 :
1 . 1 152 Danby Road - zoning and building code - legal action pending.
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2002 - 19
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2001 - 34
TOTAL FIELD VISITS THIS MONTH - 108
Uniform Building Code - 84
Local Law and Zoning Inspections - 14
Fire Safety - 9 (8 multiple dwellings [ 143 units], 1 business)
Fire Safety Reinspections - 0
Fire/Emergency Occurrences - 0
Fire Occurrence Reinspections - 1
TOTAL FIELD VISITS YEAR TO DATE, 2002 - 555
TOTAL FIELD VISITS YEAR TO DATE, 2001 - 546
TOTAL SIGN PERMITS THIS MONTH - 0
TOTAL SIGN PERMITS YEAR TO DATE, 2002 - 4
TOTAL SIGN PERMITS YEAR TO DATE, 2001 - 6 1
"ZONING BOARD OF APPEALS I!
IMEETING, 8 CASES, AGENDA ATTACHED
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, JULY 15, 2002
7 : 00 P.M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, July 15 ,
2002 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00
P. M. , on the following matters :
APPEAL of Arthur Bloom, Appellant, requesting an approval from the Zoning Board of Appeals under
Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 500 +
(ranted square foot building addition to an existing non-conforming building at 118 Judd Falls Road, Town of
Ithaca Tax Parcel No. 66-5 -4, Residence District R- 15 . Said building is located within the required front
yard building setback area.
APPEAL of Donald Swart, Appellant, requesting a variance from the requirements of Article IV, Section
Granted 14 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge an existing garage, with a new side
yard building setback of 6 feet ( 10 foot setback required) at 110 Winston Drive, Town of Ithaca Tax Parcel
No. 70- 11 -29, Residence District R- 15 .
APPEAL of John Lango, Appellant, requesting a variance from the requirements of Article V, Sections 18
Withdrawn and 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 19 foot high accessory
building ( 15 foot height limitation) on a vacant parcel of land, with the accessory building being the
principal use, at 203 Bostwick Road, Town of Ithaca Tax Parcel No. 31 -4-6. 6, Residence District R-30.
Said Ordinance would require the proposed building to be accessory to a residence.
APPEAL of Edward Gregoire, Appellant, Attorney Edward Mazza, Agent, requesting a variance from the
ted requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain
an existing garage with a 9 ± foot building setback ( 15 foot required) at 2 Schickel Road, Town of Ithaca
Tax Parcel No . 36-2- 15 , Residence District R-30.
APPEAL of Katherine Heine and Philip Syphrit, Appellants, requesting a variance from the requirements
Granted of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 256 square
foot building addition on the southeast side of an existing single-family residence located at 696
Coddington Road, Town of Ithaca Tax Parcel No. 49- 1 -23 , Residence District R-30. Said addition will be
25 ± feet from the property ' s side lot line (40 foot setback required).
APPEAL of Cornell University Real Estate Department, Owners, Ashley Management Corporation,
Granted
Agent, requesting an approval from the Zoning Board of Appeals, under Article VII , Section 34 of the
Town of Ithaca Zoning Ordinance, to be permitted to create a 1 ,200 square foot retail food service
establishment within an existing building space located at 335 Pine Tree Road, the East Hill Plaza, Town
of Ithaca Tax Parcel No. 62 -2- 1 . 121 , Business District C.
APPEAL of Nancy Gould, Appellant, requesting variances from the requirements of Article V, Sections
(ranted 20, 21 , and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to subdivide a parcel of land,
containing two existing non-conforming buildings, resulting in two new parcels with area and building
setback deficiencies, at 154 Indian Creek Road, Town of Ithaca Tax Parcel No. 22-2-6. 1 . A variance from
Section 280A of New York State Town Law is also requested. One new lot will not front on a public
highway, while both new lots will be less than 30,000 square feet in area, with substandard building
setbacks and lot area dimensions, including widths and depths.
APPEAL of Peter Newell , Appellant, requesting authorization from the Zoning Board of Appeals under
Granted Article X1I, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to alter non-conforming
buildings on a non-conforming building lot located at 891 Taughannock Boulevard, Town of Ithaca Tax
Parcel No, 25-245, Residence District R45 . Said parcel contains four residential buildings with said
alterations resulting in the creation of two residential buildings and one garage. A variance from the
requirements of Article IV, Section 11 may also be requested to allow a building height to exceed 36 feet.
Said Zoning Board of Appeals wi11 at said time, 7 : 00 p. m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S. Frost
Director of Building and Zoning
273 - 1783
Dated : July 3 , 2002
Published : July 8 , 2002
qty OF I T7 TOWN OF ITHACA
99 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
(ie� 2;11 www . town . ithamny. us
Network/ Record Specialist
Report for Town Board Meeting
August 12 , 2002
June & July TOI Web Site Visits June
® July
2500
2000
b
1500
,y
0 1000 �z
500
0 i • 1 ,
Home Gov't Services Information Community
Pages
Veb The newest component of the Town ' s web site is an Intranet. An intranet is a private, password-
ection of a website. The Town ' s Intranet currently contains all Town Board agendas, minutes and
resolutions from 1992 to the present. (Minutes and resolutions are posted only after Town Board approval .)
Authorized users (TOI staff and Board members) can search documents by any word, phrase or date . These
documents can be viewed, saved or printed from anywhere an authorized user has Internet access.
To access our Intranet, go to our web site at www.town . ithaca.ny. us . Click on the word, "Staff ', found on the
Home page ' s left menu under the time and date . Your user name is your first name; password is your last name.
Use lower case letters for each . This intranet is a prototype and can be expanded to include any information that
staff and board members need to access remotely such as policy manuals, memos or calendars .
Top 10 Town of Ithaca web pages viewed in July:
1 : News 6 : New Zoning Page
2 : Schools 7 : Contact Page
3 : Public Notice 8 : Maps
4: Community Info 9 : Links
5 : Site of the Month 10: Town Board Page
etwork. The 2003 Information Technology budget has been completed and submitted to the Town Budget
fficer for review.
espectfully submitted,
Lisa B . Carrier-Titti
Network/Record Specialist
Regular Meeting of the Ithaca Town Board
August 12 , 2002
Human Resources Report for July 2002
Personnel Committee : The committee did not meet in July due to vacations .
Safety Committee : The committee does not meet in July and August.
Wellness Program : A wellness room has been discussed for Town Hall . Andy
Frost has recommended that we do not use the original proposed room in the old
part of the building as it does not provide adequate ventilation and egress . The
room Andy has recommended is the area or room just before entering the old
part of the building . Currently in this room is Stanley's desk . The renovation of
the bathroom locker room would still need to be done , which Joe Hulbert ,
Maintenance Worker , will be providing a quote for.
Training and Development : I attended the NYS Society for Human Resource
Management conference in Saratoga Springs . The theme of the conference - was
the FISH philosophy from the film and book written by Stephen Lundin and Harry
Paul . The FISH philosophy is : Play , Be There , Make Their Day and Choose
Your Attitude . The breakout sessions I attended were on Diversity , Pay
Structuring and No More Performance Reviews .
The Town Board retreat was coordinated and occurred on the 20th . Attached for
the Town Board to review are the notes from that retreat as presented by the
facilitator Kirby Edmonds .
Payroll : Connie Clark and I have been working with Dick Kaulfas , Williamson
Law Book , on a new payroll program they are developing . This program is a
Windows based program and would allow us many enhancements compared to
our current DOS based program . The program has been designed using our
data for testing . Williamson Law Book has the goal to release this program by
the end of the year.
Commercial Insurance : The claim caused by the IFD flow testing hydrants has
been resolved after the claimants met with Cathy , John Barney , Bill Metzel
( insurance adjuster) and myself this past Monday .
The 5 claims that were filed due to the flooding in May are still be pursued by
Selective Insurance adjusters . One of the claims so far has been denied by
Selective on our behalf, due to a lack of cause/negligence by the Town .
Submitted By :
Judith C . Drake , PHR
Human Resources Manager
8 / 12 / 02 Town Board Mtg ATTACHMENT # 10
TOWN OF ITHACA
' B 21 � 126 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704
August 13 , 2002
Rainbow Sheet Metal , Inc .
33 Brookside Avenue
Endwell , New York 13760
Attention : Mr. Wm. B . Edwards
Re : Release from the HVAC Work Contract for the Ithaca Public Works Facility
Dear Mr. Edwards:
You are notified that the Town Board has considered your request to be released from any contractual
obligation for the HVAC work on the Town of Ithaca public works facility that was originally awarded to Rainbow
Sheet Metal , Inc , by A Notice of Award dated July 30, 2002 , for a Bid dated 7 - 19-02 .
By Resolution of the Town of Ithaca Town Board dated August 12, 2002 , and upon receipt of a certified
check in the amount of $9,718 .00, Rainbow Sheet Metal , Inc . is released from the contractual obligations entered
into by virtue of the bid submitted July 19, 2002 .
Town of Ithaca
By :
Daniel R . Walker
Town Engineer
Copy to Hascup Lorenzine Architects
Certified Mail , Return Receipt Requested
C :\TEMP\RainbowRe lease . doc
`�� O I T,y 8 / 12 / 02 Town Board Mt g ATTACHMENT # 11
° _ _ qD TOWN OF ITHACA
1821 �� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
TOWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273 178
FAX (607) 273- 1704
August 13 , 2002
Kimble, Inc .
1004 Sullivan Street
Elmira, New York 14901
Attention : Mr. Patrick S . Bonnell
Re : [Notice of Award of the HVAC Work Contract for Ithaca Public Works Facility
Dear Mr. Edwards :
You are notified that the Town Board has considered your bid dated July 19 , 2002 for the HVAC Work
Contract for the Town of Ithaca Public Works Facility , Additions and Alterations, 106 Seven Mile Drive. You are
the apparent successful bidder and have been awarded the contract for HVAC Work. The Town Board has
determined to accept contracts with the alternate to delete the washbay 121 , and therefore the Contract Price of your
contract is One Hundred Seventy Eight Thousand Five Hundred Dollars ($ 178 ,500. 00) .
Please furnish to the Owner through the Architect in writing the following submittals within three days of
receipt of this notice :
I. A designation of the Work to be performed by the Bidder' s own forces;
2 . Names of the manufacturers, products, and the suppliers of principal items or systems of materials and
equipment proposed for the Work ;
3 . Names of persons or entities ( including those who are to furnish materials or equipment fabricated to a
special design ) proposed for principal portions of the Work ; and
4 . A schedule ol' values for the Work, indicating costs of materials and labor.
Three copies of each of the proposed Contract Documents will be delivered separately . You must comply
with the following conditions precedent within ten days of the date of this Notice of Award , that is by August 23 ,
2002 .
1 . You must deliver to the Owner three fully executed counterparts of the Agreement including all the
Contract Documents . This includes the triplicate sets of Drawings. Each of the Contract Documents
must bear your signature on the cover page .
2 . You must deliver the required bonds and insurance certificates.
Failure to comply with these conditions within the times specified will entitle the Owner to consider your
Bid abandoned, to annul this notice of award and to declare your Bid Security forfeited .
Within Ten days after you comply with these conditions, the Owner will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached .
Town of Ithaca
By :
Daniel R . Walker
Town Engineer
Copy to Hascup Lorenzini Architects
Certified Mail , Return Receipt Requested
C :\TEMP\KIN /IBLEPWFHVAC . AWD . doc