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HomeMy WebLinkAboutTB Minutes 2003-06-09 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, JUNE 97 2003 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NEW YORK AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Board of Representatives — Richard Booth 4 . Report of Fire Commissioners 5 , Consider Appointment of Representative to Board of Fire Commissioners 6 . 6 : 00 p . m . — Persons to be Heard 7 , Set Public Hearing regarding the Bostwick Road Water Tank and Transmission Line 8 . Set Public Hearing regarding the 2003 West Hill Water Tank Project 9 , Set Public Hearing regarding Proposed Southern Cayuga Lake Intermunicipal Water Commission ' s Office Space Addition Capital Improvement Project 10 . Presentation on the SDG Information Access System ( Dan Walker — 10 minutes) 11 . 6 : 45 p . m . — Public Hearing regarding Proposed Phosphorous Removal Project for the Ithaca Area Wastewater Treatment Plant 12 . SEQR — Proposed Phosphorous Removal Project for the Ithaca Area Wastewater Treatment Plant 13 . Consider Approval of Phosphorous Removal Project and Authorization to Go Out to Bid 14 . 7 : 00 p . m . — Public Hearing regarding A Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Portions of the David Auble Premises on the Corner of West King Road and Danby Road 15 . Consider Adoption of Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Portions of the David Auble Premises on the Corner of West King Road and Danby Road to Multiple Residence District , Business C District and to Residence District R30 in Connection with the Proposed Holly Creek Subdivision Project 16 . Consider Acceptance of Location of Holly Creek Lane and infrastructure . 17 . Consider Adoption of Amendment to Southern Cayuga Lake Intermunicipal W Commission Agreement 18 , Consent Agenda a . Town Board Minutes b . Town of Ithaca Warrants C ' Bolton Point Warrants d . Cornell Work Study e . Appointment to Records Management Advisory Board 19 . Report of Town Committees a . Agricultural Land Preservation Advisory Committee b . Capital Planning Committee c . Cayuga Lake Watershed Intermunicipal Organization d . Codes and Ordinances Committee e . Lake Source Data Sharing Committee f . Personnel Committee g . Public Works Committee h . Recreation Partnership i . Safety Committee j . Sewer Joint Subcommittee k . Sewer Contract Committee I . Special District Benefit Assessment Committee m . 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/ Records Specialist i . Attorney for the Town of Ithaca 21 . Review of Correspondence a . March 20 , 2003 Advisory from the NYS Office of Public Security b . April 30 , 2003 letter from L . Fabbroni re Collection System Improvements c . May 7 , 2003 letter from Tompkins E -Voice d . May 9 , 2003 letter from Ben Curtis re Village of Lansing Subdivision Regulations 22 . Consider Adjournment TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , June 09 , 2003 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTE'S) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION i Lel OF , 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 ' 73- 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 : PUBLIC HEARING LOCAL LAW AMENDING ZONING ORDINANCE TO REZONE PORTIONS OF PROPERTY OWNED BY DAVID AUBLE Date of Posting : May 27 , 2003 Date of Publication : May 27 , 2003 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 wN2003 t LORI L. QUIGLEY Notary Public, State of New York No . 01 QU6012333 Commission Expir es Aulgust 2020�' `�' NOTICE OF PUBLIC HEARING I NOTICE 15 HEREBY GIVEN that a public hearing will be I held before the Town Board I of the Town of Ithaca at 215 North Tioga Street, ! Ithaca, New York, on the 9th day of June, 2003, at i 7:00 p.m. local time con- cerning a proposed local law amending the provi- sions of the Zoning Ordi- nance of the Town of Ithaca to rezone portions of prod� erty owned by David Auble at the corner of West King Road and Danby Road in connection with his pro- posed Holly Creek Project. The local law would rezone an area of his property cur- rently zoned Business D' to Business 'C', on area zoned Multiple Residence to Busi- ness 'C', an area zoned Business 'C' to Multiple Res- 1 idence, and areas zoned I Multiple Residence and '. Business 'C' to Residence, District R30. At that time the Town Board will hear any person inter- ested in such local law. Copies of said local law are available for review at the Town Clerk's Office at the above address during norli mal business hours of the Town Clerk. Individuals with visual or hearing impairments or oth- er special needs will be provided with assistance as necessary, upon request.1 Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the public hearing . Dated: May 23, 2003 Tee-Ann Hunter Town Clerk, Town of Ithaca June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 Regular Meeting of the Ithaca Town Board Monday, June 9 , 2003 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 THOSE PRESENT : Supervisor Valentino ; Councilwoman Russell ; Councilwoman Grigorov ; Councilman Klein ; Councilman Lesser; Councilman Burbank ; Councilman Niederkorn . STAFF PRESENT : Tee-Ann Hunter , Town Clerk; John Barney ; Attorney for the Town ; Daniel Walker, Town Engineer; Fred Noteboom , Highway Superintendent ; Jon Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Andy Frost , Director of Building and Zoning OTHERS PRESENT : Herb Engman , 120 Warren Road ; Lisa Carrier-Titti , Network/ Records Specialist ; Lauren Bishop , Ithaca Journal ; Stephen Sweet , 115 Glenside Road , Christianna Dean , 330 West King Road CALL TO ORDER : Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No 3 — Report of Tompkins County Board of Representatives (Attachment Representative Dick Booth appeared before the Board on behalf of the County Board of Representatives . Mr. Booth and Supervisor Valentino briefly discussed his coming again for the August Town Board Meeting . He will get back to us . Regarding voting machines , Mr. Booth reported that a State report would be coming out dealing with the management and control of the machines . The County' s choices will be largely driven by that report . The County knows no more than it did a month ago when the issue was under discussion at the Town Board Meeting . The report was due out April first ; when it is actually coming , Mr. Booth did not know . Mr. Booth reported that it appears a majority of the County Legislature is interested in giving notice that the County will withdraw from the Recreation Partnership . He told the Board that was not his opinion , stating he felt it would be a significant policy mistake . However, it does appear that is the way things are trending . This is not because anyone thinks recreation is not important , but because the County is facing another extremely difficult financial year. County support of recreation in the form of the Recreation Partnership is not something that a number of Board members see as a sufficiently high priority . In terms of budget , Mr. Booth reported it would be a difficult year. The County has received significant help from federal legislation that will provide Medicaid assistant for about an 18 month period . What will happen after that 18-month period is not clear. Medicaid costs continue to rise quite dramatically . The County will also have significant cost difficulties because of the change in the reality of funding the State retirement system . Health costs 1 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 75 2003 continue to go up . The Legislature has asked County departments to absorb these benefit cost increases in their existing budgets . Mr. Booth told the Board this would inevitably mean substantial cuts in County Services or a substantial tax raise like we had this past year. Regarding the County Emergency Communications Systems , the County is currently building the Emergency Response Center at the Ithaca Airport . The building should be up and running and connected to the existing system in the fall of this year. Once the building is done the larger issue of what to do with the whole communication system remains "out there" . The County has been working with the hope that they can combine their efforts with a Statewide Emergency Network System ; they should know in about 2 or 3 weeks whether that is going to be likely . The State is opening the bids soon . If the County system can be dovetailed with that , presumably that can mean a substantial saving for "the people of Tompkins County" . The ig has been operating with 2 substantial variances for a number of years . These variances from the State of New York permit the County to keep more than the designated number of inmates at the jail . Whether the State continues those variances or continues one of them is very important in terms of whether or not the County will have to spend an enormous amount of money for a much larger jail as opposed to a large amount of money to renovate the existing jail . These are choices the County will probably have to come to grips with this year . Counties don 't have to have jails , but they do have to provide for the people who occupy jails . So either you build a jail big enough according to State standards or you send the persons in the jail to be housed in other Counties , which obviously is expensive . This is the year the County' s contract with US Air will have to be renegotiated . They are currently the only commercial airline coming into Tompkins County Airport . The reality under which the soon to expire contract was negotiated has disappeared . Years ago you went to an airline and you said to them you can land in our airport and these are the things that you should pay . What is happening now in many smaller city airports , county airports across the country , is the airport people go to the airlines and the airline says what will you pay us to land in your airport . The County has a consultant and will be entering those negotiations this year . Councilwoman Grigorov asked if , because of the increasing cost of employee benefits , there was any possibility of reductions in staff . Mr. Booth stated that a cut in services would certainly involve cuts in staff . Councilman Lesser and Mr. Booth discussed the increasing number of State mandates that the municipal governments have to pay for. Regarding sales tax revenues , Mr. Booth stated the County was not optimistic that the revenues will dramatically change . Supervisor Valentino told Mr. Booth she felt it would be a disaster if the County totally pulled out of the Recreation Partnership , asking that the County consider decreasing it a little bit over time to give the group a chance to make decisions regarding programming . 2 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 Supervisor Valentino told the Board she had received a letter from Lee Shurtluff about the Emergency Response System ( New York State Office of Technology Statewide Wireless Network System ) . He included letters to send to Governor Pataki and others asking for an agreement with the State to move forward to complete and rebuild the public safety communications system . Supervisor Valentino asked for the Board ' s permission to sign and send the letters . The Board gave their authorization . Mr. Kanter stated the Town was waiting to hear from Mikel Shakarjian of the County about the Town ' s involvement in a working group for discussion of elements applying to the Town of Ithaca . Agenda Item No . 4 — Report of Fire Commissioners (Attachment #2 — written report) Bob Romanowski appeared before the Board with the Commission ' s monthly report . Supervisor Valentino asked how many fires stations there were inside the City limits . Mr. Romanowski stated there are two : Central Fire Station and Station #9 . Mr. Romanowski told the Board that the Fire Department' s last big fight with the City would be about the replacement of the Fire Marshall . Supervisor Valentino stated that she would be sending a letter to the City reminding them of their commitment to the contract that they just signed with the Town . It clearly states in the contract the Fire Marshall ' s position is one that needs to be filled . Another part of the contract concerns revenues from code enforcement being attributed to the revenues for the Fire Department . Supervisor Valentino stated she knew there was some thought to siphoning some of that off . Supervisor Valentino is working with Fire Chief Wilbur on when is the best time to remind the City that they have a contractual obligation . Councilman Lesser asked if there was any relief for the Fire Department during the summer when the colleges are operating at a much lower capacity . Mr. Romanowski told him no , there are summer programs at the colleges and on top of that the department lacks the student bunkers that are available during the school year. Agenda Item No. 5 — Consider Appointment of Representative to Board of Fire Commissioners (Attachment #3 — Letter from Mr . Romanowski ) TB RESOLUTION NO. 2003-062 - Recommendation of Appointment to Board of Fire Commissioners. WHEREAS , Robert Romanowski ' s term on the Ithaca Board of Fire Commissioners as a Town of Ithaca representative expires on June 30 , 2003 ; and WHEREAS , Mr. Romanowski wishes to be re-appointed to the said position ; and WHEREAS , the appointment to the said position is made by the City of Ithaca Common Council based upon a resolution recommending appointment by the Town of Ithaca Town Board ; now , therefore , be it 3 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 RESOLVED , that the governing Town Board hereby requests and recommends that the City of Ithaca Common Council appoint Robert Romanowski as a Town of Ithaca representative on the Board of Fire Commissioners for a three-year term commencing July 1 , 2003 through June 30 , 2006 . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Agenda Item No . 6 — Persons to be Heard Stephen Sweet, 115 Glenside Road Mr. Sweet appeared before the Board to express his support of pursuing a park on the land that Mr. Young has purchased behind his home . Supervisor Valentino told Mr. Sweet that the Town has been talking with Mr. Young regarding his plans for the parcel . Supervisor Valentino stated they were intending to have a neighborhood meeting to talk about the various options . The meeting will probably be held at the Town ' s new Public Works Facility . Agenda Item No . 7 — Set Public Hearing regarding the Bostwick Road Water Tank and Transmission Line (Attachment # 4 - 2003 West Hill and Inlet Valley Water Improvements — Engineering Report)(Attachment #5 — Debt Financing Information ) Mr. Walker reviewed his Engineer' s Report with the Board . Councilwoman Russell asked the total projected cost of all the pieces of the project , stating it sounds to her as though it is over the 3 million . Mr. Walker stated the total projected costs as $3 , 134 , 750 . 00 , which includes the "soft costs' . Mr. Walker stated the number might change slightly as the Town finalizes the location of the Glenside pump station . TB RESOLUTION NO. 2003" 063a: Order For Public Hearin In The Matter Of The Providing Of A Proposed Water Improvement To Be l Known As The Town Of Ithaca Bostwick Road Water Tank And Transmission Main Water Improvement Proiect 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 9th day of June , 2003 , at 5 : 30 o ' clock P . M . Prevailing Time . PRESENT : Supervisor Catherine Valentino Councilperson Mary Russell Councilperson David Klein Councilperson Carolyn Grigorov 4 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 73 2003 Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT : None 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 Bostwick Road Water Tank and Transmission Main 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 benefitted by said Town of Ithaca Bostwick Road Water Tank and Transmission Main 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 Bostwick Road Water Tank and Transmission Main 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 5000 feet of 12 " ductile iron pipe water transmission main from an existing 8 " main at the intersection of Coddington and Danby Road downhill through the Emerson property and State of New York property to connect with an existing 8 " main by Buttermilk Falls State Park , and construction of a new 200 , 000 gallon water storage tank located on Bostwick Road approximately 1200 feet west from its intersection with Seven Mile Drive , and a related 8 " main approximately 1200 feet long running from the new tank to an existing line in Seven Mile Drive , together with related controls and other structures WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 1 , 531 , 000 . 00 . The proposed method of financing to be employed by said Town of Ithaca for the aforesaid improvement is issuance by the Town of serial bonds not to exceed $ 1 , 531 , 000 . 00 . 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 Bostwick Road Water Tank and Transmission Main 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 ; 5 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 7 , 2003 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 the Town Hall , 215 North Tioga Street , in the City of Ithaca , Tompkins County , New York , on the 7t" day of July , 2003 at 6 : 30 pm o 'clock P . M . , to consider the aforesaid plan , report and map and the question of providing of said Town of Ithaca Bostwick Road Water Tank and Transmission Main Water System Improvement and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . 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 Lesser, seconded by Councilman Klein , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting Aye 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. 3 — Set Public Hearing regarding the 2003 West Hill Water Tank Project TB RESOLUTION NO. 2003- 064: Order For Public Hearing: In The Matter Of The Providing Of A Proposed Water Improvement To Be Known As The Town Of Ithaca 2003 West Hill Water Tank 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 9th day of June , 2003 , at 5 : 30 o 'clock P . M . Prevailing Time . PRESENT : Supervisor Catherine Valentino 6 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 Councilperson Mary Russell Councilperson David Klein Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT : None 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 2003 West Hill Water Tank Improvement , and hereinafter also referred to as " improvement" , to provide such water system improvement , to the present Town water improvement , such Improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca 2003 West Hill Water Tank 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 2003 West Hill Water Tank 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 of a new 1 , 000 , 000 gallon pre-stressed wire wound concrete water storage tank approximately 1200 feet west of West Haven Road and a new 12 " ductile iron pipe water main from the new tank to the existing 12 " water main on West Haven Road , together with , together with related controls and other structures . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 1 , 053 , 250 . 00 . The proposed method of financing to be employed by said Town of Ithaca for the aforesaid improvement is issuance by the Town of serial bonds not to exceed $ 1 , 053 , 250 . 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 2003 West Hill Water Tank 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 : 7 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 77 2003 Section 1 . A public hearing will be held at the Town Hall , 215 North Tioga Street , in the City of Ithaca , Tompkins County , New York , on the 7th day of July_ , 2003 at 6 : 45 o 'clock P . M . , to consider the aforesaid plan , report and map and the question of providing of said Town of Ithaca 2003 West Hill Water Tank 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 Councilwoman Grigorov , seconded by Supervisor Valentino , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting Aye 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. 9 — Set Public Hearing regarding Proposed Southern Cayuga Lake Intermunicipal Water Commission ' s Office Space Addition Capital Improvement Project (Attachment #6 - Architectural drawings ) Supervisor Valentino told the Board that once the West Hill Water Project is complete and we are no longer buying water from the City the amount of money that is generated from the sale of Bolton Point Water to West Hill and Inlet Valley will cover the debt service for this capital improvement project . TS RESOLUTION NO. 2003- 065: Order For Public Hearin_g: In The Matter Of The Providing Of A Proposed Two-Story Office And Work Space Addition To The Southern Cayuga Lake Intermunicipal Water Commission Water ' Treatment Plant In The Village Of Lansing, Tompkins County, New York. 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 9th day of June , 2003 , at 5 : 30 o 'clock P . M . Prevailing Time . 8 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 77 2003 PRESENT : Supervisor Catherine Valentino Councilperson Mary Russell Councilperson David Klein Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT : None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as this Board determines to be necessary , relating to the construction and equipping of a two-story office and work space addition to the Southern Cayuga Lake Intermunicipal Water Commission ("SCLIWC") water treatment plant , pursuant to Article 5- G of the General Municipal Law and relevant provisions of the Town Law and Village Law , such project to be known and identified as the SCLIWC 2003 Plant Expansion Improvement , and hereinafter also referred to as " Improvement" , to provide expanded space in the water treatment plant owned in common by the Towns of Dryden , Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the " Municipalities" and sometimes individually the " Municipality") , such improvement to be constructed and owned by the Municipalities , and WHEREAS , said plan , report and map have been prepared by Hunt Engineers , Architects & Land Surveyors , P . C . , competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said SCLIWC 2003 Plant Expansion Improvement consists of the entire area of the Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed SCLIWC 2003 Plant Expansion Improvement consists of the improvements set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Municipality Clerk : Construction of a 7616 square foot , two story office and work space addition on the east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing and renovation of 4332 square feet of existing office space to provide increased office space for SCLIWC' s Administration and Distribution personnel , workshops for SCLIWC ' s electrical and mechanical technicians and production department personnel , handicapped accessibility , an archive room for long term storage of SCLIWC ' s files and documents , an expansion of the facilities laboratory to meet increased water quality monitoring requirements , and additional fire suppression systems in the new and renovated areas of the facility ; upgrading the HVAC systems to bring them into compliance with current 9 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 7 , 2003 building codes ; upgrading the north entrance to the facility; and adding four additional parking spaces to accommodate the public . WHEREAS , the maximum proposed to be expended for the aforesaid improvement is $2 , 310 , 835 . 00 ; and WHEREAS , the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $ 1 , 000 , 000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC . WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map , the providing of said SCLIWC 2003 Plant Expansion Improvement , the authorization of serial bonds for payment of part of the costs of the Improvement , the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement , and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Improvement , and to hear all persons interested in the subject thereof , all in accordance with applicable provisions of General Municipal Law , Local Finance Law, Town Law , and Village 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 the Town Hall , 215 North Tioga Street , in the City of Ithaca , New York , on the 7th day of July, 2003 , at 7 : 00 o 'clock P . M . , to consider the aforesaid plan , report and map and the questions of the providing of said SCLIWC 2003 Plant Expansion Improvement , the authorization of joint and several serial bonds for payment of part of the costs of the Improvement , the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement , and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities to authorize such improvement , bonding , and other activities , to delegate to the Treasurer of SCLIWC certain authority to issue such bonds on behalf of the Municipalities , and to grant SCLIWC certain other powers and authority , 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 official newspaper of the Town , 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 . Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was upon motion of Supervisor Valentino , seconded by Councilwoman Russell , duly put to a vote on a roll call , which resulted as follows : 10 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 77 2003 Supervisor Valentino Voting Aye 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 10 — Presentation of SDG Information Access System Mr. Walker gave a short presentation of the database management software that is being designed for the Town by Systems Development Group . The purpose of the program is to link existing Town databases and allow staff and officials to search the databases through a newly designed front-end . Councilman Lesser asked if the system would be made available to the public . Mr. Walker stated that the existing agreement makes the system available on the Town ' s internal network . It could , at some point , be easy to put a kiosk in the lobby if the Town chose to do so . There would be privacy issues to consider before doing this . Supervisor Valentino stated that , on the other hand , if an individual comes into Town Hall and wants information , any staff member would be able to access that very easily . Agenda Item No 11 — Public Hearing regarding the Proposed Phosphorous Removal Project for the Ithaca Area Wastewater Treatment Plant (Attachment #7 — Project Budget Letter From NYSDEC) Supervisor Valentino opened the public hearing at 6 : 45 p . m . Contract documents and drawings were available for Board and public review . Supervisor Valentino stated that this is a joint project between the three partners of the sewer plant : the City of Ithaca , the Town of Ithaca , the Town of Dryden . Mr. Walker told the Board there is a grant from the New York State Department of Environmental Conservation to cover more than half of the construction costs of adding tertiary phosphorus removal treatment to the plant . It won 't increase capacity . The purpose is to remove phosphorus from the effluent . Councilwoman Russell stated the removal process would cut the amount of phosphorus discharged by half . Supervisor Valentino told the Board the Town would be responsible for it' s share of $ 1 , 681 , 800 . 50 ; the Town is responsible for a 41 % share of costs . Reimbursement from the State will reduce that to $549 , 292 . 00 . Supervisor Valentino is proposing that the Town ' s share of project costs come from the surplus sewer funds . It will not require any bonding by the Town . Ms . Valentino reported she has been talking with the City and told them the Town will be putting out the money as the costs occur . We are not going to transfer a large sum of money to the City ; we are going to look at all the bills and costs as the project goes along . 11 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 Supervisor Valentino asked if there was anyone from the public who wanted to speak to the Board about the proposed project . There was no one . Supervisor Valentino closed the public hearing at 6 : 50 p . m . Councilman Lesser stated this was an excellent project ; an issue that everyone around the lake has been concern about . He asked if, during heavy rainfall , the system would be by- passed . Mr. Walker told him the system has the capacity to handle rainfall . It is rated at 13 . 1 million gallons . The physical hydraulic capacity of the plant exceeds 30 million gallons per day . If we exceed a flow rate of 36 million gallons there are by pass pumps that would by pass the plant . Our biggest problem is illegal connections , leakage through manholes , and both the City and the Town are actively trying to reduce the infiltration and inflow. Councilman Burbank asked what happens to the phosphorus that is removed . Mr. Walker told him that it gets removed from the plant as sludge . One of the bigger costs of the operation is solids handling because it settles out as a sludge and then has to be dried and then is disposed of. Currently, our sludge is being landfilled . There are some problems getting approval for land spreading for beneficial use because of the potential for heavy metals in the sludge and the State has very stringent requirements , it cannot have any contact with root crops , even spreading on pastureland . Mr. Burbank asked if the new process would be creating a waste product that will be even harder to get rid of? Mr. Walker stated it would be no harder to get rid of . Agenda Item No. 14 — Public Hearing regardinq A Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Portions of the David Auble Premises on the Corner of West King Road and Danby Road (Attachment # 8 — Memo From J . Kanter) Supervisor Valentino opened the public hearing at 7 : 00 p . m . Agenda Item No . 11 — Public Hearing regarding Proposed Phosphorus Removal Project (continued ) Agenda Item No. 12 — SEQR — Proposed Phosphorous Removal Project for the Ithaca Area Wastewater Treatment Plant TS RESOLUTION NO. 2003-066 - SEQR Determination, Phosphorus Removal Project - 1A WWTF WHEREAS , the proposed action is the authorization of funding for the Proposed Phosphorus Removal Project at the IAWWTF ; and WHEREAS , this is an unlisted action pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 . 4 ( b) ( 8) , and Town of Ithaca Local Law No . 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of Ithaca ; and WHEREAS , the Town Board , at a public hearing held on June 9 , 2003 , has reviewed and accepted as adequate the Full Environmental Assessment Form , Parts I and II for this action ; 12 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 RESOLVED , that the Town of Ithaca Town Board , having received no objections from other involved agencies , hereby establishes itself as Lead Agency to coordinate the environmental review of the above-described action ; and FURTHER 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 and Local Law No . 5 of the Year 1988 Providing for Environmental Review in the Town of Ithaca , for the above referenced action as proposed and , therefore , an Environmental Impact Statement will not be required . A notice of this determination will be duly filed and published pursuant to the provisions of 6NYCRR Part 617 . 12 , MOVED : Councilman Lesser SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Agenda Item No . 13 . Consider Approval of Phosphorous Removal Protect and Authorization to Go Out to Bid TB RESOLUTION NO. 2003- 067: PUBLIC INTERESET ORDER: Proposed Phosphorus Removal Project for the Sewage Treatment Plant At a meeting of the Town Board of the Town of Ithaca , Tompkins County , held at the Town Hall , 215 North Tioga Street , in the City of Ithaca , New York , on the 9th day of June , 2003 , at 5 : 30 o 'clock p . m . prevailing time . PRESENT : Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson David Klein Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT : None ----- ------- -- ---------------- ------ --- ---- ------- -- -- ---- 13 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 772003 In The Matter of the Proposed Phosphorus Removal Project For the Sewage Treatment Plant in The City of Ithaca Serving the Town of Ithaca to be known as the Joint Sewage Treatment Plant Phosphorus Removal PUBLIC INTEREST Improvement Project for the Town of Ithaca , ORDER Tompkins County , New York pursuant to Article 12-c of The Town Law . ----------------- -- --- ------- ----------- -- ---- -------- ---- -- WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of sewer system improvements to be known and identified as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project , and hereinafter also referred to as " improvement " , ' to provide such sewer improvement , to the present sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for the Town -wide sewer improvement , such sewer system improvement to be constructed and owned by the Town of Ithaca , Town of Dryden , and the City of Ithaca , and WHEREAS , said plan , report and map have been prepared by Stearns and Wheler, Professional Engineers , competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the sewer improvements set forth below , 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 a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream , adjacent to the final effluent channel at the jointly operated sewage treatment plant located at 525 Third Street , Ithaca , New York , together with associated controls , piping, and other structures . WHEREAS , the maximum proposed to be expended for the aforesaid improvement is $4 , 115 , 000 of which the Town of Ithaca ' s share is not to exceed $ 1 , 681 , 800 . 50 . The proposed method of financing the Town ' s share to be employed by said Town of Ithaca consists of payment of said Town ' s share out of the surplus funds and current revenues in the Town of Ithaca Sewer System Benefitted Area Fund ; and 14 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 WHEREAS , the implementation of this project will be through a joint agreement with the City of Ithaca and the Town of Dryden . WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on May 12 , 2003 , calling a public hearing upon said plan , report and map including an estimate of cost and the question of providing of said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project , and the question of executing any related agreement , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209- q of the Town Law and applicable provisions of the General Municipal Law and Local Finance Law ; and WHEREAS , notice of said public hearing was duly posted and published as required by law ; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , the construction of the proposed project has been determined to be an " Unlisted Action " pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board has determined , will not result in any significant environmental effects ; and WHEREAS , it is now desired to authorize the improvement to be known as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . It is hereby determined that it is in the public interest to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized . The proposed area hereby determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section 2 . The proposed improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream , adjacent to the final effluent channel at the sewage treatment plant located at 525 Third Street , Ithaca , New York , operated jointly for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden , together with associated controls , piping , and other structures . 15 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 Section 3 , The Town of Ithaca , subject to the approval of the voters of the Town of Ithaca if a referendum is requested , hereby authorizes the expenditure of up to $ 1 , 681 , 800 . 50 , as the Town ' s share of the jointly funded project cost of $4 , 115 , 000 . 00 for the construction , installation , and equipping of such project and the payment of all costs incident thereto , including architects fees , consulting fees , attorneys fees , bidding costs and any other related costs , all of said actions being hereinafter collectively referred to as the " Project " and all of such actions being authorized pursuant to Section 209 -q of the Town Law , Section 4 . $4 , 115 , 000 is estimated as the maximum cost for Project and $ 1 , 681 , 800 . 50 estimated as the maximum amount of the Town 's share of the cost of the Project . Section 5 . The plan for the financing of the Town ' s share of the costs of the Project consists of payment from surplus funds of the Town of Ithaca Sewer Benefitted Area Account to pay for the costs of such renovation , expansion , construction and equipping costs . Section 6 . Pursuant to subdivision 6 (d ) of Section 209- q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins , which when so recorded , shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement . Section 7 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law , the permission of the State Comptroller is not required for such improvement . Section 8 . This resolution shall take effect immediately , unless a referendum is requested , in which event it shall take effect , if approved at such referendum , upon such approval . Section 9 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209 -q . The question of adoption of the foregoing resolution was , upon motion made by Councilperson Councilwoman Russell , and seconded by Supervisor Valentino , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting Aye Councilperson Russell Voting Aye Councilperson Grigorov Voting Aye Councilperson Klein Voting Aye Councilperson Lesser Voting Aye 16 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 77 2003 Councilperson Niederkorn Voting Aye Councilperson Burbank Voting Aye The resolution was thereupon declared duly adopted . The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on June 9 , 2003 , TB RESOLUTION NO 2003-068: Consenting To The Bidding For The Joint Sewage Treatment Plant Phosphorus Removal Pro►ect WHEREAS , plans , specifications and bid documents have been prepared relating to the construction of a phosphorus removal process at the sewage treatment plant operated for the joint benefit of the City of Ithaca and the Towns of Ithaca and Dryden at 525 Third Street , Ithaca , New York which project is identified as the Joint Sewage Treatment Plant Phosphorus Removal Project ( hereinafter also referred to as " improvement " ) by Stearns and Wheler, Professional Engineers , competent engineers 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 June 9 , 20037 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 2003) building season because of the severe need to reduce phosphorus emissions into Cayuga Lake as soon as possible ; and WHEREAS , the City of Ithaca will be the entity actually soliciting bids for the project and handling the award of contracts for same , with the advise and approval of the Special Joint Sewer Committee on which the Town has representation ; and WHEREAS , to expedite the construction process the Town Board is willing to consent to the commencement of the bidding process , realizing that if a permissive referendum were requested with respect to the Town ' s approval of the project and the Town ' s payment of its share of the project , the Town would not be in a position to make any payments on the project until the outcome of the referendum was known ; NOW , THEREFORE , be it RESOLVED , that the Town consents to the City of Ithaca commencing the solicitation of bids for the Joint Sewage Treatment Plant Phosphorus Removal Project provided that no bid for construction of such Project shall be accepted until ( 1 ) The plans , specifications , and related documents for the construction of the Joint Sewage Treatment Plant Phosphorus Removal Project are filed with the Town of Ithaca and approved by this Board ; and 17 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 (2 ) The adoption of the public improvement order approving the Joint Sewage Treatment Plant Phosphorus Removal Project is published and posted in accordance with applicable law , a period of 30 days has elapsed since the adoption of such public interest order, and no petition for a referendum has been received by the Town of Ithaca ; and it is further MOVED by Supervisor Valentino SECONDED by Councilperson Klein VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Supervisor Valentino told the Board that she did not foresee a change in the water benefit district charge or the O and M (operating and maintenance) costs for water. The sewer benefit has been accruing money at a fast clip and the water benefit has not been recovering as quickly . A worst-case scenarios would be to decrease the sewer benefit for people and raise the water a little . About 99 people just get sewer, in the worst-case scenario they would see a drop in cost . About 300 people would see a slight increase of around $ 10 per year. Councilman Lesser asked how long it would be until the project ' s completion . Mr. Walker stated there would be about 18 to 20 months of construction , adding they are still waiting on final approval from the Department of Environmental Conservation , Agenda Item No . 14 — Public Hearing regarding a Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Portions of the : David Auble Premises on the Corner of West King Road and Danby Road (Attachment — Memo from J . Kanter ; petition ) Mr. Kanter reported that , at their last meeting , the Planning Board issued a positive recommendation on the rezoning and issued preliminary subdivision and site plan approval . Dave Auble, 1060 Danby Road . Mr. Auble told the Board he had canvassed the neighborhood to inform the nearby residents about his proposed development . He presented a petition with 50 signatures . He commented that many of the signatories lived closer to the site than signatories on other petitions submitted . Mr. Auble reported that no one he talked to about the development had any objections to the project . He noticed that many of the people he spoke with did not know the residents having signed the other petition . He told the Board that was one of the things he hoped his proposed development would do , help create more of a neighborhood atmosphere . Mr . Auble reviewed the proposed development with the Board . Councilman Burbank asked what Mr. Auble would be doing to attract active elderly as opposed to students to the rental units within the project . Mr. Auble stated the marketing 18 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 75 2003 would be targeted to seniors and he would structure his leases in a way that , if he were a student , he probably would not want to adhere to the lease requirements . Tony Ingraham , 368 Stone Quarry Road Mr. Ingram introduced himself to the Board telling them he lives around the corner from the proposed project and had a 24-year career in the Finger Lakes State Parks . Mr. Ingram stated he was very glad that Mr. Auble and the State Parks had come to agreement on the transfer of a substantial portion of the property to the State Park . In general , Mr. Ingram felt the proposed rezoning of the property was better than the existing zoning in terms of the potential impacts on the State park . However, he would like to see it go a step further. On the portion adjacent to the State Park , the single family home scheme seems consistent with what the Town has identified in the past of having a minimum impact sort of development near the State Park . The multiple units , however, Mr. Ingram thought stepped beyond the spirit of the Town ' s intention of keeping a minimum level of development , minimum impact kind of development . Mr. Ingram stated his desire to see no multiple family residences on that side of Route 96B . They are a fairly intense development . It puts increased pressure , traffic and people pressure , more traffic on West King Road and more people using the park . Mr . Ingram expressed concern about the traffic impacts on Stone Quarry Road . It is now the cut-off to Wegman ' s . It is not a road that is capable of handling a lot of traffic and so it gets more dangerous and it gets noisier. Mr. Ingram stated he was concerned about the rental units increasing the traffic on Stone Quarry Road . Mr. Ingram closed stating he would like to see the area zoned single family ; he felt it would be better for the neighborhood and better for the park in general . Christianne Dean , Chair of the Town ' s Agriculture Committee Ms . Dean appeared before the Board and told them she felt the property in question was the threshold to 600 acres of prime agriculture in the Town of Ithaca . Ms . Dean told the Board that there are only six farmers in the Town who are the unpaid grounds keepers for the Town of Ithaca ; they keep the Town ' s green space open . The farmers are dwindling . Ms . Dean stated , "development is breathing down our necks' . Ms . Dean told the Board when development pressure becomes intense farmers don 't take steps , they don 't build barns , they don 't invest in their farms because they are waiting to see what' s going to happen . Ms . Dean invited the Board to talk to her about how the Town is going to keep their farmland open . She stated she felt that the multiple residence zoning would be the "death knell" for agriculture in that area , which is 1 /3 of all the agricultural land in the Town . Councilman Grigorov pointed out that the State Park was between the proposed development and the farmland Ms . Dean referred to . Ms . Dean again spoke of the impacts of development pressure on farmers' investments in their farms . Supervisor Valentino encouraged Ms . Dean to review the changes in the proposed Zoning Ordinance and the activities of the Ag Committee stating she thought the Town was working very hard to try to address the pressures on agricultural land . Councilman Niederkorn asked if Ms . Dean felt this project was going to be the beginning of the end to the farms , or whether the project will lead to some additional development on the west side of the park . Ms . Dean stated that as long as the Town did not allow water and 19 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 73 2003 sewer across the gorge that helps protect the farmland . Ms . Dean felt , however, that this project was like opening the door. She stated she was not opposed to all development in the area , but objected to the multiple family portion of the development . Marty Nichols , 610 Coddington Road Mr . Nichols appeared before the Board to voice his support for the proposed project . He felt the land that Mr. Auble gave to the State provided a good buffer. Mr. Nichols stated he planned on buying one of the single-family lots if the project goes through . Mr. Nichols told the Board he worked at Ithaca College and had an idea of the student population . He stated he was not concerned about the apartments being student occupied . Mr. Nichols told the Board that the College Circle apartments have been built and students are not going to be allowed to move off campus until they are seniors . There are going to be very few students moving off campus anymore . Supervisor Valentino closed the public hearing at 7 : 40 p . m . In response to questions from Councilman Lesser, Mr. Auble stated that the multiple family residences were approximately 400 feet from a State highway and he did not feel they were in a real pristine area in terms of type of activity that goes on . Mr. Auble stated the ability to market single-family lots was difficult because of this proximity to a State highway . Councilman Lesser asked if Mr. Auble would agree to having the Attorney for the Town or the Planning Board look at his lease agreement to see that they were the kind of agreement that would be unattractive to transient residents . Mr. Auble stated that he would . Councilman Klein stated that the Town had seen many proposals and had many discussions about the site over the past 15 years . Mr. Klein felt the proposed project was a good compromise and a win -win situation across the board . Mr. Klein did not see this as creating development pressure . Supervisor Valentino stated she had sat in on two or three of the meetings with the State Parks and during those meetings she asked the State Park people if they were sure this was a big enough buffer. Ms . Valentino told the Board the State told her they did not feel they were being squeezed to take a smaller buffer. They got the size buffer that they felt comfortable with . Councilman Niederkorn asked Mr. Auble if it was his intention to build a home for himself within the proposed project . He stated that it was his intention . Mr. Auble told Councilman Niederkorn that he would be managing the property , with the help of his son . Councilman Niederkorn asked Mr . Auble if he had given thought to the type of activity that would go in the commercial component of the project . Mr. Auble hopes that a portion of the commercial site would be attractive for some health care professional , and then some small retail that would be convenience kind of services and retail for local residents . Councilman Lesser asked if there had been discussion of the possibility of bus service to this location . Mr . Kanter stated they had not had discussions with Tcat specifically about it . There is a bus line that goes along Danby Road that could be accessible to this development . 20 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 There have been no discussions yet about actually coming into Holly Creek Lane , although that is the kind of thing Tcat does look at when these developments come in . Supervisor Valentino asked if the Town had looked at the drainage and storm water management on the site . Mr. Walker stated they had looked at the drainage ; it is not really in the area that has been causing too many problems . Most of the flooding has been further down on Stone Quarry . Mr. Walker did feel the project would cause problems and stated the developer has addressed the run -off with detention ponds . Councilwoman Russell stated she appreciated Mr. Auble ' s willingness to work with the Town , take the Town ' s input , and come back with a plan that is a good compromise and consistent with comprehensive plan goals . She felt having the commercial zone will actually help to decrease some traffic down on Stone Quarry Road . She stated she felt increasing density really saves farmland . Mr . Kanter stated that the Planning Board was lead agency for the project . The Planning Board coordinated this review as lead agency and issued their negative declaration of environmental significance , which the Board had in their packet . Agenda Item No. 15 — Consider Adoption of Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Portions of the David Auble Premises on the Corner of West King Road and Danby Road to Multiple Residence District, Business C District and to Residence District R30 in Connection with the Proposed Holly Creek Subdivision Project RESOLUTION NO. 03-070 — Adopting the Local Law Amending the Town of Ithaca Zoning Ordinance to Rezone Portions of the David Auble Premises at the Corner of West King Road and Danbv Road to Multiple Residence District, Business C District, and to Residence District R30 in Connection with the Proposed Holly Creek Subdivision Proiect (Attachment # 9 — Local Law) 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 June 9 , 2003 , to hear all interested parties on a proposed local law entitled "A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINACE TO REZONE PORTIONS OF THE DAVID AUBLE PREMISES AT THE CORNER OF WEST KING ROAD AND DANBY ROAD TO MULTIPLE RESIDENCE DISTRICT , BUSINESS DISTRICT , AND TO RESIDENCE DISTRICT R30 IN CONNECTION WITH THE PROPOSED HOLLY CREEK SUBDIVISION PROJECT" , 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 , or any part thereof ; and 21 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 WHEREAS , pursuant to Park 617 of the Implementing Regulations pertaining to Article 8 ( State Environmental Quality Review Act) the Town Planning Board acted as Lead Agency in conducting a coordinated environmental review of the proposal and duly issued its determination that the Project would have no significant environmental effects ; and NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO REZONE PORTIONS OF THE DAVID AUBLE PREMISES AT THE CORNER OF WEST KING ROAD AND DANBY ROAD TO MULTIPLE RESIDENCE DISTRICT , BUSINESS C DISTRICT , AND TO RESIDENCE DISTRICT R30 IN CONNECTION WITH THE PROPOSED HOLLY CREEK SUBDIVISION PROJECT , " a copy of which is attached hereto and made a 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 and to cause a copy or abstract of such local law to be published in the Ithaca Journal as required by law . MOVED : Councilman Klein SECONDED : Councilman Lesser ROLL CALL VOTE : Supervisor Valentino , aye Councilwoman Russell , aye Councilwoman Grigorov , aye Councilman Klein , aye Councilman Lesser, aye Councilman Burbank , nay Councilman Niederkorn , aye The motion was carried . Agenda Item NO . 16 . Consider Acceptance of Location of Holly Creek Lane and Location of Infrastructure (Attachment # 10 — Drawings) RESOLUTION NO. 2003-070 - Acceptance of Location of Proposed Public Road and Public Utilities, Holly Creek Subdivision, West King Road and DanbV Road WHEREAS , the Town of Ithaca Planning Board , on May 20 , 2003 , granted Preliminary Subdivision Approval , Preliminary Site Plan Approval , and issued an affirmative recommendation to the Town Board regarding the Zoning Change for the proposed 8- lot Holly Creek Subdivision and associated development located at the intersection of West King Road and Danby Road , Town of Ithaca Tax Parcel No . 's 37- 1 - 17 . 1 and 37- 1 - 18 , Multiple Residence and Business Districts "C " and " D" . The proposal is to subdivide the 15 +/- acre parcel into 5 lots for single-family residences (to be zoned R-30 Residence ) , two lots totaling 22 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 77 2003 4 . 63 +/- acres for 20 apartment units in four buildings (to be zoned Multiple Residence) , and reserve the remaining 5 . 0 +/- acre lot along Danby Road for future commercial development (to be zoned Business "C" in its entirety) . David C . Auble , Owner/Applicant ; Gary L . Wood , P . E . and Brian M . Klumpp , L . S . , Agents ; and WHEREAS , the proposed Holly Creek Subdivision and development includes a new road to be constructed by the developer approximately 800 feet in length with a cul -de-sac turnaround , and public water and public sewer facilities , and drainage easements to provide the Town access to all storm water management facilities , as shown on preliminary plans for the Holly Creek Subdivision , entitled " Site Utilities , " prepared by Gary L . Wood , P . E . and Reagan Land Surveying and dated March 14 , 2003 ( revised April 2 , 2003) and " Site Plan , " prepared by Gary L . Wood , P . E . and Reagan Land Surveying , revised May 14 , 2003 ; and WHEREAS , the subdivider has offered to dedicate to the Town of Ithaca the above- referenced public road , public water and sewer facilities , and drainage easements ; and WHEREAS , a condition of the Preliminary Subdivision Approval and a requirement of the Town of Ithaca Subdivision Regulations is the approval and acceptance by the Town Board of the location of all proposed streets , utilities and other facilities proposed for dedication to the Town , prior to consideration of Final Subdivision Approval ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Town Board hereby approves and accepts the locations of the proposed road , public water and sewer facilities and drainage easements proposed for dedication to the Town , as shown on preliminary plans for the Holly Creek Subdivision , entitled " Site Utilities , " prepared by Gary L . Wood , P . E . and Reagan Land Surveying and dated March 14 , 2003 ( revised April 2 , 2003) and " Site Plan , " prepared by Gary L . Wood , P . E . and Reagan Land Surveying , revised May 14 , 2003 , subject to compliance by the subdivider with all conditions and requirements that have been or may be imposed by the Planning Board as part of further project consideration . MOVED : Supervisor Valentino SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Agenda Item No. 17 - Consider Adoption of Amendment to Southern Cayuga Lake Intermunicipal Water Commission Agreement (Attachment # 11 — Proposed Agreement) Supervisor Valentino stated this item has been an ongoing discussion . They need to make some changes and amendments to upgrade the agreement , make some improvements in the wording , clean things up . Some of the changes also talk about adding future water districts , they clarify the emergency water part of the agreement , and clean up the language regarding additional parties . If the City or Cornell would like to join in a partnership agreement or a 23 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 7 , 2003 water purchase agreement , the amended agreement has clearer language allowing that to happen . Councilman Lesser stated he was glad to see the arrangement leaves things open for other municipalities to join if the current members decide it' s appropriate . RESOLUTION NO. 2003-071 : Authorizing The Execution Of An Amendment To The Agreement Of Municipal Cooperation By And Among The Towns Of Dryden, Ithaca, And Lansing And The Villages Of Cayuga Heights And Lansing Permitting Consideration Of Requests For Water Service Outside The Service Area Of The Member Municipalities, Adding Districts From Dryden And Lansing, And Clarifying Other Provisions WHEREAS , the Town of Ithaca , the Town of Dryden (then acting on its own behalf and on behalf of Dryden Water District 1 ) , the Town of Lansing (then acting on its own behalf and on behalf of McKinney' s Water District) , Lansing Village and Cayuga Heights ( hereinafter collectively the " Municipalities") executed an Amended , Supplemental , Restated and Consolidated Agreement of Municipal Cooperation for Construction , Financing and Operation of an Inter- Municipal Water Supply and Transmission System as of June 5 , 1979 ; and WHEREAS , said agreement has been amended and supplemented on several occasions since its execution (the original agreement , the amended and restated agreement , and all amendments thereto hereinafter being collectively referred to as the " Intermunicipal Agreement " ) ; and WHEREAS , the Intermunicipal Agreement created a governing body to operate a water treatment plant and other related facilities , which body was designated the Southern Cayuga Lake Intermunicipal Water Commission ( hereinafter the "Commission ") ; and WHEREAS , it has been brought to the attention of the Municipalities that certain provisions of the Intermunicipal Agreement pertaining to voting by the Commission need to be amended to conform to current New York law; and WHEREAS , the parties wish to acknowledge the possibility of sales of water from the water system constructed and operated pursuant to the Intermunicipal Agreement , known as the Bolton Point Water System , to other non - member muncipalities , and WHEREAS , since the execution of the Amended Agreement in 1979 there have been formed a number of water districts in the Towns of Dryden and Lansing ; and WHEREAS , the Intermunicipal Agreement as executed as of June 5 , 1979 , provided in paragraph 17 that additional water districts may become parties to the agreement and may have water supplied to them upon execution of a supplemental agreement including said water districts ; and 24 June 9 , 2, 003 TOWN BOARD MINUTES APPROVED JULY 712003 WHEREAS , the parties wish to fulfill the requirements of such paragraph 17 and ratify the authorization to provide water to such water districts ; and WHEREAS , the Towns of Dryden and Lansing wish to incorporate said districts into the service area of the Bolton Point Water System governed by the Commission ; and WHEREAS , the parties wish to make for a more simplified manner by which future water districts in the Towns of Dryden and Lansing may be included within the service area and made subject to the requirements and obligations that accompany inclusion in said service area ; and WHEREAS , there are in existence certain arrangements with the City of Ithaca and Cornell University for the provision of emergency supplies of water to and from the Bolton Point Water System ; and WHEREAS , the Municipalities wish to confirm these arrangements and to clarify the authorization to provide emergency water supplies to the City and Cornell University ; and WHEREAS , the Town Board has determined that the execution of an amendatory agreement regarding the issues set forth above is not an "action " as defined in Part 617 of the Implementing Regulations pertaining to Article 8 ( State Environmental Quality Review Act) , or, if it is an "action " , it is a Type II action as being routine or continuing agency administration and management under Section 617 . 5 (20) of the Implementing Regulations ; and WHEREAS , it appears to be in the interests of the Town and its citizens to authorize such the execution of such amendment ; NOW , THEREFORE , be it RESOLVED , that the Town of Ithaca hereby approves the proposed agreement with the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing amending the Intermunicipal Agreement between the Town of Ithaca and said four municipalities , which amendatory agreement also adds certain water districts in the Towns of Dryden and Lansing presently served under the Intermunicipal Agreement to the official service area covered by the Intermunicipal Agreement , acknowledges the possibility of water sales to non - party municipalities , clarifies the voting requirements for the Commission , and clarifies the arrangements for certain water sales to and from the City of Ithaca and Cornell University in substantially the form submitted to the Board ; and it is further RESOLVED , that the Town Supervisor and Deputy Town Supervisor be , and either hereby is , authorized to execute said amendatory agreement with such modifications to the such agreement as the person executing the agreement may approve with the advice and assistance of the Attorney for the Town ; and it is further 25 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 7 , 2003 RESOLVED , that the execution of such amendatory agreement by the Supervisor or Deputy Supervisor shall be due evidence of the approval of any modifications to the agreement by such person Moved : Supervisor Valentino Seconded : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Agenda Item No. 18 — Consent Agenda TB RESOLUTION NO. 2003-072: Consent Agenda Items. BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items Numbers 72 (a) through 72 ( e ) as presented . MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . TB RESOLUTION NO. 2003-072 (b): Town of Ithaca Warrants. WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 5861 , 6842 through 6968 , manual checks nos . 1 through 4 . General Fund Townwide $ 68 , 697 . 42 General Fund Part Town $ 12 , 812 . 51 Highway Fund Part Town of Ithaca $ 131 , 369 . 72 Water Fund $ 46 , 553 . 69 Sewer Fund $ 71735 . 24 Trumansburg Rd Sewer Improvement $ 11894 . 10 26 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 712003 Public Works Renovation $ 107485 . 96 Burns Road Water Line $ 4 , 862 . 30 Risk Retention $ 99 . 50 Lighting Districts $ 17028 . 90 Trust & Agency $ 17342 . 98 Debt Service $ 742 . 00 TOTAL $287 , 604 . 32 MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . TB RESOLUTION NO. 2003=072 (c): Bolton Points Warrants. WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment ; and 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 : 2247 288 through 294 , 296 through 360 Operating Fund $ 131 , 029 . 99 Office Space $ 61775 . 00 TOTAL $ 137 , 804 . 99 MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . RESOLUTION NO. 072 (d) — Approval of Cornell University Federal Work StudV Agreement. 27 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 7 , 2003 WHEREAS , the Engineering and Planning Departments have budgeted the necessary funds to cover the cost of participating in the Cornell University Federal Work Study Program to provide student interns with a valuable work experience while providing the Town of Ithaca with valuable technical support ; and WHEREAS , Cornell University covers 75 % of the hourly wages and 100% of the employment expenses of this program and the Town would be responsible for the other 25% of the hourly wages plus 10 . 25 % for non - registered students employed for the summer; and WHEREAS , the Town Board has reviewed and discussed the proposed Cornell University Federal Work Study Agreement ; now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the participation in the Cornell University Federal Work Study Program for the school year of July 19 2003 through June 30 , 2004 ; and be it further RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor to sign the Cornell University Federal Work Study Agreement ; and be it further RESOLVED , the cost of participating in the said program for the year 2004 shall be reviewed and approved during the budget process . MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank. , aye ; Councilman Niederkorn , aye . Carried unanimously . TB RESOLUTION NO. 2003- 072 (e) - Appointment Of Gail Kroll To The Records Management Advisory Board RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Gail Kroll to the Records Management Advisory Board , MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Carried unanimously . Agenda Item No . 19 — Report of Town Committees 28 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 79 2003 Agricultural Land Preservation Advisory Committee The Committee will be meeting at 9 : 30 a . m . on June 10th . They will be talking to another party regarding the purchase of development rights . Capital Planning Committee The Committee will be meeting on June 11 t" to finalize the 5 -year plan . Codes and Ordinance Committee The Committee is having a special meeting on June 10th to discuss the progress of the draft generic environmental impact statement that the Planning staff has prepared . Lake Source Cooling Data Sharing Group Councilwoman Russell reported there was a recent meeting of the group . There was a presentation made of the 2002 data from the consultant to Cornell . There were no surprises . The data seemed to be consistent with the previous years' . Cornell will be performing a statistical analysis on the data ; it will take them a few months to do that . At the same time they will be entering into discussions with Department of Environmental Conservation about changing some of the parameters of the monitoring . Councilwoman Russell stated the group would try to interface with DEC regarding the recommendations that came from the Town ' s consultant . Ms . Russell hoped to talk with DEC about that during the coming week . Recreation Partnership Supervisor Valentino stated the Partnership is going to be facing some very serious financial difficulties . There will probably be major cuts in programs and increases in fees , trying to make up what the Partnership is going to be losing from the County . Added to this are the increased payments that the City wants others to make . It is going to be rough holding the organization together. Councilwoman Russell reminded the Board that the County is currently picking up a quarter of the share of costs . Joint Sewer Subcommittee Supervisor Valentino reported a recent meeting with Steve Thayer to go over the capital project costs as they try to get a handle on the operating and maintenance budget and the capital costs budget . Mr. Thayer provided some detailed information . Ms . Valentino will be taking that information back to the SJS Committee so that they can work to clean up some past things that haven 't been dealt with appropriately . Supervisor Valentino thought they were staring to get a good handle on things . Sewer Contract Committee They are waiting for the DEIS to come back from the DEC . Transportation Committee The second traffic enforcement round happened approximately two weeks ago . The intern has begun reading the data . Agenda Item No. 20 — Report of Town Officials Director of Planning 29 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 73 2003 Mr. Kanter brought to the Board ' s attention a proposal he had included in the packet from Tompkins County about the possible changes in the General Municipal Law Requirements . He asked for feedback from the Board . He will also be asking the Planning Board for their input . Mr. Kanter felt it was basically a good proposal to simplify the County' s review process . Probably more than anything it would affect the County' s own staff review time . He did not feel it would affect the Town very much . The matter will be under discussion at the next Planning Coalition meeting on Wednesday , June 25tH Mr. Niederkorn felt the proposed changes were a step forward . Councilman Lesser asked if anything formal had come forward from Cornell about developing the East Shore Sailing site . What he has seen written about it seemed quite ambitious for the piece of land . Mr. Kanter stated a sketch plan had been submitted . The sketch plan will go to the June 17th meeting of the Planning Board . Mr. Kanter stated basically it is an inn with about 20 rooms described as suites , 150-seat restaurant , 110 parking spaces . Mr. Kanter stated there were good things about the proposal , but there are some major issues that are going to have to be addressed , primarily access to the site . Traffic as well . And the railroad track crossing right in front of the site . Councilman Klein asked how the project stands in relation to our current and proposed zoning . Mr. Kanter stated that without having looked too closely at the plans , the proposed project appears to meet our current zoning , setbacks and everything else . It is a permitted use under the current zoning . The proposed zoning would make the proposed uses special permit uses , they are still permitted but have to meet an additional level of criteria . Regarding setbacks , Mr. Kanter thought the restaurant would be able to be where proposed , but the hotel would have to be setback 100 feet from the shoreline . Mr. Kanter thought it was probably the restaurant , which sounds as though it would also have meeting rooms and conference capabilities , that would be a much more impacting use than hotel in terms of traffic and people . On the other hand , it is the inn / hotel aspect of it that adds somewhat to the size and bulk of the building . He invited anyone who was interested to come look at their sketch plan and concept drawings . The developers describe it as a " lodge style" building in the way of Adirondack lodges , a mixture of stone and wood . Councilwoman Grigorov questioned the impact of the proposal on the view- shed . Councilwoman Russell reported that they had eliminated the educational use portion of the project so that they can fit the current use regulations . Councilman Lesser stated that they are going to keep their sailing club and sailing use on the site and asked if that wasn 't an educational use ? Mr. Kanter stated his understanding that the marina would continue , but not be improved . All of the on - site boat storage would be removed . The marina would be run by some private entity . Supervisor Valentino thought the inn was also going to be a private entity . Councilwoman Grigorovv asked about the railroad right-of-way . Attorney Barney felt that they would have to make a deal with the railroad , there will be some real questions there . Supervisor Valentino commented that there are some sight problems coming out of the site . 30 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 75 2003 Mr. Kanter told the Board he had not yet discussed with the developer the issue of the Town park and the license that the Town has to operate the park . The Town also has the right of first offering on the property if it is offered for sale . From what Mr. Kanter understands , this deal that Cornell is working out is a long-term lease agreement to a development company . Further discussion was deferred to executive session . Councilman Klein asked that discussion of this project be put on the regular Codes and Ordinance Committee meeting . Councilman Burbank asked that the Board begin to think what might constitute some kind of park project on the property , located adjacent to his own , that is in the process of being sold . He reported that he had spoken to Jonathan about getting some Planning energy . Mr. Burbank stated that there is a designated neighborhood park in that area in the Town ' s Open Spaces Plan . Supervisor Valentino reported that there have been some beginning discussions with Mr. Young regarding what his plans might be for the area . She felt it was kind of hard to plot out where they might place the park until they have a better sense of Mr. Young ' s intentions . Mr. Burbank wondered , from a planning perspective , what would make sense in order to protect the existing neighborhood and anticipate what might be useful to whatever might be built . There was discussion of the sketch plan process with the Planning Board as the appropriate means by which to address citing a park . Mr. Burbank stated he understood that was the history, however, he is also aware that the neighborhood is very vulnerable . Supervisor Valentino stated she felt everyone was sensitive to trying to protect the neighborhood and place a park in a way that would accomplish this . Director of Building and Zoning Mr. Frost reported that Ithaca College is voluntarily retrofitting sprinklers in their lower quad dorms . Human Resource Manager Ms . Drake showed the Board a videotape made by PERMA , the Town ' s workers comprehensive insurance carrier. It featured a segment devoted to the Town as winner of one of their annual awards . Agenda Item No. 21 — Review of Correspondence Relay for Life Noise Permit The Board reviewed the mitigation plan submitted by the applicant and authorized Ms . Hunter to issue the noise permit . Mr. Burbank requested that the applicant be asked to patrol the Renwick Heights neighborhood during the event to monitor the noise . Mr. Lesser asked if it was feasible for the Town to purchase a decibel meter so that we can enforce our noise ordinance . Mr . Frost quoted the purchase price between $300 - $ 500 . They would need periodic calibrating . Mr . Noteboom stated the Safety Committee has discussed purchasing a decibel meter to check out equipment noises . Mr. Frost stated they could be used for fire safety inspections to measure whether fire alarms are the required decibels above ambient noise . Councilman Lesser suggested contacting Ithaca College for calibration services . Mr. Frost agreed to look into this . 31 June 9 , 2003 TOWN BOARD MINUTES APPROVED JULY 73 2003 Agenda Item No. 22 — Executive Session On motion by Supervisor Valentino , seconded by Councilwoman Grigorov , the Board moved to executive session at 8 : 52 p . m , for discussion of real property acquisition . On motion by Councilwoman Grigorov , seconded by Councilwoman Russell , the Board returned to regular session at 9 : 10 p . m . No action was taken . Adjournment On motion by Councilman Burbank , seconded by Councilman Lesser, the meeting was adjourned at 9 : 11 p . m . Respectfully submitted , y�(L. Tee-Ann Hunter Town Clerk Next Regular Meeting on July 7, 2003 at 5:30 p. m. 32 Attachment # 1 TB•...M.Qeting 6 / 9 / 03 .tOi NE* YO RTo '.. A h 1 BUNO Ui QbQ'G State of New York STATE BOARD OF ELECTIONS Carol Berman Thomas R. Wilkev Chair Executive Director Neil W. Kelleher 40 STEUBEN STREE"1' ALBANY, N.Y. 12207-2108 Vice Chair Peter S. Kosinski Helena Moses Donohue Phone: 518/47www. Fax: 51ate. ny.us Deputy Executive Director Commissioner URL : http://www.elections.state. ny.us Evelyn .1 . Aquila Anna E. Svizzero Commissioner Director-Election Operations HELP AMERICA VOTE ACT TASK FORCE MEETING WEDNESDAY, MARCH 19, 2003 Peter Kosinski welcomed the group and announced the theme of today's task force session , which will cover four areas of interest : the requirement for provisional ballots, the complaint process, including a voter's bill of rights, education and training , and the bill 's ID provisions . He then opened the pre- session comment period . Tova Wang from the Century Foundation , which co-sponsored the Carter- Ford Election Reform Commission , stated that she is now working with Robert Abrams and Arthur Freid on the interpretation of this law, with the publication of their report expected in April . Michael Burgess, with the NY Senior Action Council , asked the group to be sure that older persons are trained in the use of any new voting system . Outreach is important for the continued participation of this significant group of voters . Aimee Allaud distributed a statement from the League of Women Voters, and asked to have clarified the time table set forth initially, by Peter Kosinski . She stated that she spoke with Senator Dodd 's office and learned that there is no deadline for the submission of a plan , therefore she feels there is time to extend meetings prior to the drafting of a plan . Ms . Allaud feels the interests of the committee are best served with more meetings, and continued that she believes the Assembly intends to schedule public hearings . She urged the group to use the League 's traditional format of consensus to arrive at a position that truly represents what the group thinks . Ms . Allaud feels minority and majority opinions can be recorded as part of that process . She restated her two main questions - will hearings be scheduled and will there be more meetings? Mel Tanzman , for Brad Williams, feels hearings will serve to enable more people from all walks of life to be able to hear what the group is doing , and to have a voice in that process . Assemblyman Keith Wright again urged Peter Kosinski to have the group reflect more diversity in its composition . He advised the group that the Assembly has scheduled two public hearings related to HAVA, and hopes to schedule more . He distributed a notice of the two sessions, to be held in NYC and Albany . He invited all members of the task force to attend the sessions, to take testimony from speakers . Senator Nick Spano advised the group that at their previous hearings on election reform , extensive testimony was taken . He urged the chair to work with the schedule as has been set forth , and then pledged to work with the Assembly on future hearings . With regard to the time frame, Mrs . Kosinski told the group that the law allows for up to three years for implementation . The federal fiscal year drives the availability of funds, with $ 1 . 5 billion available in this fiscal year, which ends in September of 2003 . He continued that our time frame realizes that to access NY's portion of these dollars, we must have in place , a plan . The statute provides for a 30-day comment period , in addition to a 45 -day period in which the plan must be published in the Federal Register , Mr . Kosinski feels the time frame is governed by these provisions . The bill took 18 months to be negotiated, he pointed out, and continued that while the time frames made sense in October of 2001 , they no longer made sense in December of 2002, when the bill was enacted, however none of the time frames were changed . Mr . Kosinski 's goal is to have a plan to the federal government on time . He fully expects that during the public comment periods, there will be hearings scheduled around the state, so that people can be heard on the task force 's issues, as has been the case at these sessions . Mr . Spano asked him where the group stood , with regard to time frames, and Mr . Kosinski replied that he felt we were on schedule for a plan to published on May 1 . Mr . Spano continued that paralysis in the process could jeopardize the receipt of federal funds, as was the case with lost DWI monies . He offered that separate Senate hearings would not be necessary . Mr . Wright reiterated his invitation to the group, to attend the public hearings he announced earlier . John Ravitz told the group that owing to his experiences as a member of the Assembly, he understands this process well . He recently testified before the NY City Council concerning major budget shortfalls at his Board, and advised the group that neither the City Board , nor the State, could afford to lose out on any available funds, or jeopardize the receipt of funds . Clifton Perez with NYSLIC told the group he had 17 years of experience as an advocate, and commended the Assembly for scheduling hearings . He suggested the group meet after the hearings, to review testimony . He feels more meetings would be helpful , as he does not feel that enough consensus or decisions have been reached . He does not want to jeopardize the receipt of funds, nor does he want to burden the process, but feels that the disabled community and the senior community need to be heard . Greg Jones suggested consolidating hearings, to make the most use of a short time period . He feels the lack of an appointed commission at the federal level might push back some of the deadlines, to which Mr . Kosinski replied that the law still requires compliance, and the delivering of an on -time plan . Mr . Jones agreed with the consensus concept as explained by Ms . Allaud , Ms . Allaud told the group that she did not mean to imply that the suggestions she had made should affect or delay the receipt of dollars, but that it was imperative to have more meetings where decisions are made . She continued that she does not understand who will draft the plan , and where the group's input will be reflected in that plan . Mr . Kosinski told the group that the State Board staff will draft the plan , based on all of the group's discussions at these sessions . He noted that the State Board staff is diverse, and that Tom Wilkey, as well , would be intimately involved in the drafting of the plan . Mr. Perez asked if the plan would be shared with the group before the public comment period , and Mr . Kosinski replied that he expected it would , and continued that he is confident the staff will prepare a comprehensive document. Public hearings could then be scheduled . Ms . Allaud commended Anna Svizzero of the State Board , for the production of quality minutes, which reflected the group's deliberations, as did Mr . Kosinski . There being no other comments, Mr . Kosinski continued with the meeting 's theme, and began with a review of the identification requirements of the bill . Section A5 concerns itself with the verification of voters, noting that the statute prefers a driver's licence as its' ID of choice, followed by the last 4 digits of one 's social security number. If neither of these 2 preferences are available, the state board will assign a unique ID number to a registrant. Mr . Wright asked what definition of unique was to be used , as one's name is not unique . Mr . Kosinski explained that a set of numbers would be made available for assignment, to ensure compliance . Mr . Kosinski continued with his review, moving to Section BIA, which deals with registrations by mail , and explained that the term 'jurisdiction ' means county, for these purposes, which limits the number of persons affected by this provision . Once the state database is operational , and the required comparisons are implemented, the pool of persons affected is diminished even further . Subsection 2 lists the types of valid identification documents one might present, to satisfy this requirement, such as a valid photo ID, utility bill , etc . Mr . Kosinski continued with Section B, which is the fail -safe aspect of the ID requirements of the bill , and explained that for those voting in person who needed to show ID but have none to present at the time they vote, may cast an affidavit ballot . Mr . Wright asked to have that process explained . Mr. Kosinski explained that we presently have affidavit provision in our state statute, so we had a mechanism in place to deal with such circumstances . Mr . Jones asked if, when these documents were presented in the polling places, were they required to be kept. Mr. Kosinski replied that the law requires that they be presented , not submitted . Mr . Ravitz asked if, in the case of absentee voters, would ID have to be attached to a ballot . Mr . Kosinski said that was not a preferred option , thus the need for steps to be taken to obtain required ID prior to an election . Doug Kellner feels the law does not address what happens to an affidavit ballot in such circumstances, however Mr . Kosinski replied that he differs with that statement, as section a4 does state that if state law is met, the affidavit ballot shall be cast and canvassed . Mr . Kellner continued that he feels all ballots are counted together, and suggested that ID be provided with an absentee ballot application , and not the ballot itself, so as to address the problem of inclusions in a ballot envelope of anything other than the ballot itself. Mr . Kosinski offered that state law could be amended, to allow that the inclusion of an ID with a ballot would not invalidate that ballot. Mr . Kosinski added that for absentee voters who needed ID and did not provide it, their ballot remains valid . Mr . Perez asked if registration by e- mail is to be considered by the State Board . Mr. Kosinski replied that an original signature is essential to the registration process . He continued that the issue has been discussed with DMV personnel , and we are exploring digital and digitized signatures, however he feels this avenue for registration is not likely . Mr . Perez continued that today's technology would allow for the feasibility of this concept, to which Mr . Kosinski replied that discussions are ongoing, as is our research . Mr . Kosinski continued that the ID requirements do not apply to those who provide a driver's license number, last 4 digits of a social security number, or for whom a match can be made . Also excepted out of this requirement are all forms submitted from NVRA sites, those who register in person , and military voters . Tom Wilkey provided the group with the history of the anti -fraud provision of the bill , stating that the bill intended that each application by mail must represent a real body - a real person . Mr . Kellner reiterated his position of ensuring that no voter loses their right to vote under this provision . He feels boards and inspectors must understand this aspect of the voting process, and feels that an expansive view of databases is appropriate . The term 'driver's license' should include non - driver ID 's as well . He feels searching more databases is helpful to the process . Mr . Kosinski stated that the bill , and we, are looking to match records with DMV, which has matching access with social security records . Any additional databases would also have to have access to social security records, but added that many of these other types of databases would be covered by the exclusion of this provision for NVRA- related applications . Mr . Wilkey added that no one discussing or debating this bill wanted the country's 13 , 000 jurisdictions to access social security records, which was the basis for selecting DMV to be that avenue, as they already have that access . New York's 11100 NVRA sites are covered under this provision , as those applicants are not required to present or provide ID, as this is accomplished as part of the intake process at the originating agency/office . Mr . Ravitz asked if forms from a registration drive are considered in - person forms or mail forms . Mr . Kosinski replied that they are not mail forms, thus would not require ID . Ms . Allaud suggested that the state's database related to today's discussions, and asked when that group will meet again . Mr . Kosinski replied that they expect to meet again in early April . Their discussions are ongoing , and visits are planned to states with databases in place . He assured the group that their discussions on this topic will be reflected in these proceedings . Mr . Jones asked if ID 's presented at NVRA sites are then forwarded to boards of elections . Mr . Kosinski reiterated that this is not the case - no ID from these applicants is required under this bill . Mr . Tanzman suggested that groups be encouraged to deliver their forms from registration drives to boards, and not mail them , so that ID would not be required for those applicants . Mr . Kosinski assured the group that the State Board 's goal is to diminish the size of the group of voters who will need to show ID at the polls . He continued that not all decisions will be made prior to the production of the plan , nor was that concept anticipated . The plan is a living document, and many issues will continue to be considered after the plan is submitted . The next aspect of today's session concerns provision ballots . Mr . Kosinski advised the group that this provision exists in our state statute, but that it is known here as an affidavit ballot . The process allows boards to verify information provided on the affidavit, and then determine the validity of such ballots . This provision in the federal bill is found in Section 302 . He asked Ms . Svizzero to explain the process to the group, and she advised them that regardless of the reason for one 's name failing to appear in a poll book, a voter can opt to cast an affidavit ballot. The notice presently provided to voters explaining that option would be amended to include the resolution of a situation involving ID . She noted that a number of boards have made this notice to voters a document which is handed to voters, and not just posted in polling places . All boards would now adopt this procedure, and the bill 's requirement for toll -free access to learn if one 's ballot was or was not counted , would be accomplished through the inclusion of the county board 's phone number in the notice . She stated that the affidavit envelope would also be amended to reflect language consistent with casting such a ballot for ID reasons . She further stated that contrary to some public opinion , New York was a leader in the field of enfranchising all voters, as many states do not have an affidavit process in their own state law . She has provided other states with copies of our statute and current forms, and has also advised several national groups on New York's process . Mr . Perez asked how this procedure would be offered to disabled voters in the same manner as to all other voters . Ms . Svizzero replied that all affidavit voters cast paper ballots, thus all voters would access this procedure in the same way . He asked that braille and/or large print . notices be provided , and she assured the group that such would be the case in all such instances . Larry Adamczyk told the group that this process works quite well , and asked about the requirement for a notice and web access and a toll free number, so that a voter can learn of the disposition of their ballot . Ms . Svizzero replied that the county board 's number on the notice the voter would actually have in their hand , would accomplish this goal , and while current state law requires that boards notify voters if their affidavit ballot was ruled invalid , board procedures and state law could be amended to provide for a notice to be provided to each affidavit voter, advising them of the disposition of their ballot. Mr . Kosinski introduced the next of today's themes, which is the complaint process . He advised the group that there is not much latitude with this process, as much of it is defined in the bill . He asked Stanley Zalen , the Enforcement Counsel for the State Board , to review the proposed process . Mr . Zalen distributed a draft procedure, explaining that much of it was provided for in the bill itself. He reviewed the two methods of resolution , one being a determination of the State Board after investigation , and the second being the proposed referral to the State 's chief election official in cases where the board fails to act within the time frame specified in the bill . Mr . Zalen told the group that the bill provided that if no violation was discovered, a public determination must be made, however the law was silent on how to proceed if a problem was discovered . He therefore suggested the language in his draft, as a manner in which to address that type of finding . Mr . Wilkey told the group that this provision addressed the right of private action , meaning the ability to fix something instead of or prior to commencing a law suit, is a preferable way to do business . In this manner, a procedure can be addressed or amended before litigation . Mr . Jones stated that he would like to see a reimbursement of the costs of a hearing 's transcription, and asked that assistance be provided to anyone who wants or needs help in making a complaint . A question was also asked about the need for a notarized complaint, and Mr . Zalen replied that the requirement was part of the federal bill . Mr. Adamczyk explained that from a county board perspective, there are two levels of complaints at issue here . Mr . Kosinski stated that election day phone complaints are made to the county board and state board , and they are dealt with immediately . Election day resolution of election day problems is preferable, and in the voter's interest, but this does not exclude a voter from filing a complaint pursuant to the bill 's provisions . Mr . Wilkey agreed with Mr . Kosinski , in that no one expected that boards could not continue to resolve initial voter complaints . Mr . Jones reiterated his position on the expense aspect of the procedure as drafted, and offered that in cases where a problem was discovered , the complainant's cost could be refunded . Mr. Kellner asked what our process would be for investigating , and Mr . Zalen replied that it would follow the State's Board 's existing procedures for the review of complaints . Mr. Kellner asked if such language could be added to the draft. Mr . Kosinski introduced the training provisions of the bill, addressed in Section 254, and distributed an outline prepared by Lee Daghlian , the State Board 's Press Officer, and Tim Mattice , the State Board 's Training Coordinator, Mr . Kosinski indicated that substantial funds would be expended to achieve the three major training goals of the bill and the State Board . First, new voting systems would mean that voting equipment technicians would have to have their training upgraded . He explained that vendors have certain responsibilities here, under present state rules and regs, however we recognize these vendors may be spread thin , considering the fact that all states are looking to address voting system concerns at the same time . The State Board will work with and along side vendors, in this area . The State Board, and our county boards, have greater responsibilities now, and he is confident we can meet those challenges . Second, he noted that over 60, 000 election inspectors would also have to be trained on new procedures and new systems, and that we intend to lend professional expertise to this effort, using HAVA money to do so . Third, he continued, is the education of the public on any new voting system , which is key to a successful implementation . Mr . Kosinski advised the group that we have been in contact with other states to learn how they managed their implementation of new voting systems . Mr . Wilkey advised the group that speakers will be making presentations at our upcoming conference, on their successful programs for main -streaming new voting systems . He noted that in Geogia , the state reached out to its technical schools, training those students on the new system , and then utilizing those people in training sessions for the public, and also in polling places on election day . Mr . Kosinski and Mr . Wilkey indicated that a state-wide ad campaign is in the draft proposal , along with hand -outs and mailings . Demonstrations are essential for the public to become at ease with any new system . Some national groups may be a resource for us, and we are looking towards university- based training programs for their professional expertise . Mr . Adamczyk asked what system Georgia had purchased , and Mr. Wilkey replied that they had purchased a touch - screen machine from Diebold . Mr . Perez suggested that eliminating the full face ballot requirements would mean we could buy cheaper machines . Helen Kiggins replied that while the touch screen machines were cheaper, you needed more of them to serve the voting constituency . Mr . Jones commended Mr . Kosinski and Mr . Wilkey for including advocates for the disabled in these sessions and in their training proposal . Mr . Ravitz informed the group that the NYC board had developed a training video for inspectors, but did not have the funds to widely distribute them . This video would now have to be amended , and asked if the state would consider allowing HAVA money for this purpose . Mr . Wilkey offered that we would consider making videos available to all inspectors . Mr . Kellner asked if there would be any federal money for interim training or for the state database . Mr . Kosinski replied that budget was the topic for next week's session , and his questions might be better addressed then , as the topic of budget deserves a full meeting . He does, however, expect that if the federal government permits, the state will make those dollars available . Tailoring to meet county needs is key to success, as different dynamics are at play in the state . We need to be clear on the connections we need to make between what counties need and how those needs relate to HAVA . Ms . Allaud offered that there are community- based groups that may be helpful in the state 's training initiatives, and should be incorporated into the training proposal . She suggested that any training should have a testing component to it. Mr . Mattice informed the group that the handout was a skeletal composition , and also, that all successful training programs utilize testing as an integral component . Mr . Wilkey advised the group that the State Board is fortunate to have Mr . Mattice as its' training coordinator. He brings much experience to the table, and has presented training sessions at a number of national election conferences . Mr . Wilkey added that other states have asked to have Mr . Mattice make presentations to their groups, as well . Mr . Tanzman feels that NYSLIC can offer training expertise, and echoed Ms . Allaud 's comments on the inclusion of community- based groups . He feels groups like his can identify accessibility and sensitivity issues . Polling place accessibility has become very interpretative and he feels groups such as his can lend clarity and suggest solutions to problems in this regard . Mr . Jones seconded the comments made by the previous two speakers . Mr . Adamczyk stated that if no money is available to county boards, it will be very difficult to get local appropriations for these various projects . Mr. Kosinski told the group that we are aware of such needs, and will be addressing all of those concerns . He is hopeful that at next week's session , representatives of the budget department can help identify ways in which these goals might be achieved . He pointed out that dollars are precious at both the state and local level , so receiving HAVA money is key to any success we can hope to achieve . Mr . Kosinski distributed a draft voter's bill of rights, as prepared by Todd Valentine, the State Board 's Special Counsel . The concept of the bill of rights, as provided for in the bill , is to address, for voters , what they can expect in their polling place . With regard to HAVA complaints, Mr . Kosinski reiterated the State Board 's position , in that such complaints are provided for, but that expeditious handling at the county level of initial complaints, is desirable and in the voter's best interests . Mr . Kosinski and Ms . Svizzero indicated that this bill of rights and other similar documents would be available in poster-size and in braille . He welcomed suggestions on this draft . Mr . Kosinski reminded the group of next week's budget theme, and opened the meeting to task force member comments . Mr . Perez urged the state become more proactive in determining polling place accessibility, noting that changes are needed with sites and machines alike . Mr . Kosinski concurred , and added that we are aware of the problems with sites, noting however that it is difficult for county boards to find sites, and for municipalities to find them as well , in those cases where they are designated at the city and town level . The State Board is sensitive to this issue, and we have been working towards addressing it, as well . Mr . Tanzman offered that self- reporting on accessibility is not a good way to ensure accessibility . His group and others like it, can be a resource for those evaluations . Mr . Perez asked if there would be a decision on more meetings today, including any to occur after the public hearings . Mr . Kosinski replied that there would be one more meeting next week. The State Board staff would put out a document, and he hopes the public hearings will provide information that will be shared . He does not want to delay the process he has outlined . Mr . Kellner would like the draft to be presented to the task force before it is made public, for the group to then meet to discuss it, and for this decision to be made today . Ms . Allaud concurs, as do Mr . Tanzman , Mr . Jones and Mr . Perez . Mr . Kosinski committed to April 30 for the document to be completed , noting that time is necessary to write the document . Delays could potentially affect the time lines of the project. Ms . Allaud suggested that State Board staff could come up with dates, so the group could know what to expect in the weeks after next week's meeting . Mr . Kosinski said the end of April is still the target, and is reluctant to squeeze a product out too quickly . Mr . Kellner stated that Mr. Kosinski should be just as reluctant to put a document out before the group sees it. Mr. Kosinski assured the group that we would work to get the plan to the group before it is distributed to the public, but to commit to a time table is not fair to the staff. Mr . Kosinski distributed a piece prepared by Robert Montjoy at Auburn University which he feels might be beneficial for the group to review . He again told the group that all comments at upcoming hearings would be considered , and anyone with specific questions or wanting to meet with him or with staff members, was welcome to call . He then opened the session to comments form the public . Jeremy Creelan with the Brennan Center asked if these comments would be part of the transcription , then commented that with regard to the alternate resolution proposed in the complaint process, he has a problem with the chief election official being that entity . He also has a problem with the complainant being required to bear the cost of expenses, and will have his group challenge this provision in court . With regard to the ID provision , he wants other databases to be tapped , to reduce the size of the group of voters required to show ID . He feels the types of ID 's which can be presented should be expanded , indicating that in his memo he has identified 30 such items . He suggested that forms completed at registration drives, whether mailed in or delivered, be exempt from the ID provisions . He also suggested that a registration form be incorporated with the affidavit envelope . Ms . Svizzero replied that this is already the case in a number of boards, and statute presently requires that a form be sent with the advisory notice on the disposition of an affidavit ballot. Jerry Koenig, formerly with the Assembly Election Law Committee, offered that in database matching issues, nuances such as those with varied names can present problems, and a method of dealing with those types of problems should be considered . Neal Rosenstein of NYPIRG suggested the group visit the issues raised by the speaker for the Brennan Center . He added that he was amused with the discussion of the time frame, and feels the group needs to have time to evaluate the plan . He would like to see more meetings and public hearings . He feels a rushed document will lead to a faulted plan and poor implementation . He stated that he would be making the same comments regardless of who was chairing these sessions . Rachel Leon with Common Cause supports all the written comments presented to date . She told the group that she recently taught a class of 17-year-olds, and was worried about what the ID provisions would do to this group of young voters . She urged the group to take their responsibilities to the task force seriously, and felt that a meeting to review and discuss the plan is essential . Jillian Matundan seconded the comments made by Ms . Leon meeting adjourned at 2 : 10 pm te Attachment # 2 TB MeetingT �vN r` LTNe� 6 / 9 / 03 —, C'v�-try •— �' ��. f� �c � ��'C� tG��.t Axo grr/ 172 � ewoow ti ic% ,, l/<4oVAVI—G,c ' C'J� �-��'�iiL�Eo %�� L!�`- �=� C..E .1.��,�i' ¢L E'/�' -�`T'� �S .� -.`�' �Cl`sCll.�.Ey✓ /L.Gf/7%%GfU — T�G".C'E' ELJ/.�5 /�%,5'C'c55%'L`Q':� /¢,W Al L--4X4W1 C`XiWzW 004 oiia'S G� 'E�SG�UEI� 4r//tE ZTf/s9ciJ b� �r � f,— 70 .P. 3,:Ar. j�oi•cr�e�:.uiy iss�� ,� G;Q,E' [�/r✓� Lip /ST��f� �j'��..5 F JG�piyi'✓!1T � �Y .4 /9 ff4� Qi T.�loP G� ,�� � 72CA415 , ZED A ,)r vAjO 6o5T u, Vt r/. �c v. t ��y tc 3 � �z. i� Cc 6' i jV-Z Ce5: eve < 5y,�z XS , -"cz Azz*,oS 4r cd� E V LWIA-1446 4AO lie T �-l ..e : <✓cam s � c /1/� /JS I AXC� C005 Ti6 CCIL{SiL>eJe4r1C0L' 6 /a fifCu 6t'_: iJ ' 5Z /7e (f .�.€'. K 'T' c:'r'.trA;e� :y04ce . A)A�O ilLJ `i�GiLa T/ /�/E�i/,L�i� R� ����/ s' � X03 i s rFt` .e/i.'AT.�' /� L'i�L P vZ1,t1d; ,I.i� di2 .lfti- .5 /ZOCS- Z- %4eC VY- AIi.S X66& 00e 7404 ' i [ J.S C �� i/� iC✓.�' l°G �1 1,4'j Crs'Tr i� Cd ' " Gi ✓ , G, ,i.'G ,(. ' /� ,CC's .4 f9� s�'iC :/761r �/1:n.IlLC �%f�ic � , '�h4� ,l/1�� 4:,e .� EVic'h+%�� 77H �yy)13E`s �TiKt %e .5 ice% ` il%� ill�iliai.5% i✓��c. � �Ivt 9ip;e ,�X Co,�Jf� '/d �r.�>i6 �ti.iV �� ' .�dl /✓A,? l�i,���� �• Ft c/o, 27WAA 4 e�a k • � -�lr� Attachment # 3 TB Meeting 6 / 9 / 03 160 Bundy Road Ithaca , N .Y. Apr. 7 ,2003 To : Catherine Valentino Ithaca Town Supervisor From : Robert S . Romanowski Chair-Board of Fire Commissioners Subject: Expiration of appointed term June 30 , 2003 Dear Cathy , My term as a Fire Commissioner, representing the Town Of Ithaca , officially expires on June 30 , 2003 . If the Town Board so chooses to re-appoint me to another 3 year term , l will accept the re-appointment. ) consider it an honor to serve the citizens of the Town of Ithaca in this capacity and look forward to your decision . Sincerely, ` J_ Robert S . R anowski Attachment # 4 TB Meeting 6 / 9 / 03 TOWN OF ITHACA 2003 WEST HILL AND INLET VALLEY WATER IMPROVEMENTS ENGINEERING REPORT JUNE 2003 DANIEL R. WALKER, P.E. TOWN ENGINEER j Last printed 7/7/2003 5 : 22 PM C:A DOCUME- I \thunterALOCALS- 1 \1'empA2003 WESTHILLWater improvements REPORT.doc INTRODUCTION This Engineer' s Report provides the analysis and support for the proposed improvements to the Town of Ithaca ' s Inlet Valley and West Hill water supply system . The proposed project will enable the Town of Ithaca to supply Bolton Point water to customers in the Inlet Valley and West Hill that are currently supplied by water purchased from the City of Ithaca. Proposed improvements include an extension of a transmission water main from South Hill to Buttermilk Falls Road, two new water storage tanks , a pumping facility, water main extensions to the water tanks , and a control valve facility. 1 .0 EXISTING WATER SUPPLY SYSTEM The Trumansburg Road Service Area serves approximately 30 commercial and 250 residential customers within the Town of Ithaca and 94 residential customers within the City of Ithaca. The system includes one 500,000-gallon storage tank with an overflow elevation of 1039 feet located on Trumansburg Road , a pumping station located on Oakwood Lane , a hydro pneumatic booster station on Woolf Lane , and approximately 14 miles of water main . Water is supplied to the Trumansburg Road Service Area from the City of Ithaca Is Oakwood Lane/Cliff Park Service Area . Currently, water is pumped from the Oakwood Lane pump station constructed in 2001 to replace the old Cliff Street Pumping Station . The Cliff Street: pump station is being maintained as a temporary reserve pump for emergency purposes only. The Trumansburg Road Service Area is divided into four different pressure zones . The majority of the service area is at a hydraulic grade line equivalent to the water surface elevation in the Trumansburg Road Tank. Due to significant changes in elevation within the service area, pressures range from a minimum of 17 p . s . i . to 182 p . s . i . The Woolf Lane Hydropneumatic Booster Station maintains water pressure to Trumansburg Road above Dubois Road , Grove Road and Woolf Lane . The Elm Street PRV maintains Elm Street below West Haven Road at an acceptable pressure . The Brookfield Road PRV maintains system pressure to City of Ithaca customers . 2 Last printed 7/7/2003 5 :22 PM C :A DOCUME- IAthunterALOCAL.S- IATempA2003 WESTHILLWater improvements RF_PORT.doc Current Demand in the Trumansburg Road Tank Service area averages 250 ,000 gallons per day with the following distribution : • Hospital and Trumansburg Road Area — 200,000 GPD • Woolf Lane Hydro-pneumatic pump station — 10,000 GPD • West Haven Road, Mecklenburg Road, Elm Street — 10,000 GPD • City of Ithaca Brookfield Road PRV — 30,000 GPD The Inlet Valley Service area of the Town of Ithaca is served by connections to the City of Ithaca gravity zone in three locations . In the Coy Glen area the principal connection is by a twelve-inch water main connected to the Elm Street Tank and a smaller secondary connection is located on Floral Avenue . The Town is also connected to the gravity zone by a twelve inch main on West buttermilk Falls Road that connects to the City Elmira Road Water main and a secondary connection on Spencer Street. Current demand in the Inlet Valley service area is approximately 50,000 GPD . 3.0 WATER SUPPLY SYSTEM DEFICIENCIES There are deficiencies in parts of the Trumansburg Road Tank Service Area including low distribution pressures and minimal fire flow capacity. These areas include the upper portions of West Haven , Mecklenburg, and Valley View Roads . Several customers in these areas use booster pumps to maintain adequate pressures . Currently a maximum of 800 GPM of fire flow is available in this area while maintaining a minimum residual pressure of 20 p . s . i . The area served by the Woolf Lane Hydropneumatic Booster Station has adequate pressure and flow characteristics to support normal domestic demands , but the pumps in the booster station are limited to a maximum of 112 g . p . m . which is inadequate to support fire flow demands . Currently, to provide fire flow to this area, the Ithaca Fire Department must connect their pumper truck to hydrants on either side of the booster station and switch the station to bypass mode . This is a time consuming process and Last printed 7/7/2003 5 :22 PM C :A DOCUME- I \thunterALOCALS- I \TempA2003 WESTHILLWater improvements REPORT.doc issues of system contamination arise because it is not possible to disinfect the pumping system within the pumper truck adequately . The Trumansburg Road Tank was constructed in 1932 . This tank needs to be inspected and painted which would require the tank to be offline for an extended period of time . Taking the tank out of service would require the continuous operation of the Oakwood Lane Pump with a pressure control valve and blow off at the end of the main to provide pressure and flow for domestic uses and the system would be unable to provide adequate fire flow . The Town currently has no Storage tank in the Inlet Valley service area. Pressures provided by the City Elm Street Tank and Clear well are not sufficient to maintain desirable pressure and fire flow in the upper part of the Glenside area, the Bostwick Road/Seven Mile Drive area and at the southern end of the system on Enfield Falls Road . 4.0 PROPOSED PROJECT SERVICE AREAS With the addition of a new One Million Gallon storage tank located west of West Haven Road , the existing Trumansburg Road Service Area would be modified . The new Tank will be the primary storage tank on the West Hill storing a 3 -day supply of water. It will serve as the principal supply to the Trumansburg Road tank and directly serve approximately 20% of the current demand on the West Hill . The new Tank will serve Town of Ithaca customers south of the Perry Farm located at Bundy and Trumansburg Roads . Town of Ithaca customers on Trumansburg Road currently fed by the Oakwood Lane Tank will remain on that grid . The Oakwood Lane Pump station will be maintained as backup supply for the area. The Woolf Lane Service Area will remain unchanged by the Town of Ithaca project and continue to operate as it does today, until the Town of Ulysses water improvement project is completed. The Town of Ulysses is planning to construct a new pump station on Woolf Lane that will supply water to a new water District in the Town of Ulysses . The Improvements include a 200 ,000 gallon water storage tank that will located at an elevation that will provide service to Town of Ithaca customers on Woolf Lane and 4 Last printed 7/7/2003 522 PM C:ADOCUME- I \[hunter\LOCALS- I \TempA2003 WE_STHILLWaterimprovements REPORT.doc on Trumansburg Road North of Dubois Road . The Town of Ulysses and the Town of Ithaca will enter into a water supply agreement to allow Ithaca to supply water to Ulysses with the Town of Ithaca owning and operating the new Woolf Lane Pump Station and the Town of Ulysses providing the storage capacity . This alternative will provide an adequate supply of water for both domestic use and to support fire flow demands in this area . 5 .0 WATER DEMAND Current average daily demands for Town of Ithaca customers were obtained from S . C . L. I. W . C . ' s 1999 and 2000 metered consumption records . City of Ithaca customers were assumed to have an average consumption of 300 g . p . d . In the past ten years the Town of Ithaca has experienced a growth rate of approximately I % per year. By year 2030 this would represent a demand increase of 25 % to 30% . Based on this , a 40% increase in system capacity was used for design purposes to be conservative . Additional considerations have been made should the Town of Ulysses construct a new water supply system fed from the Trumansburg Road Service Area. Estimated demands for the Town of Ulysses have been provided in a study by Barton & Loguidice, P. C. , Consulting Engineers . Design Criteria , The design demands for the new system are as follows : Trumansburg Tank Area: 250000gals/day Plus 100,000 gals/day to Ulysses for a total demand of 350,000 gals/day West Hill : Linderman Creek —West Haven area has a demand of 100 ,000 gals/day Inlet Valley 150 ,000 gals/day Plus a potential demand of 100,000 gals/day to Newfield for a total demand of 250,000 gals/day The total estimated potential demand for inlet valley and the west hill is 700 ,000 gals/day. 5 Last printed 7/7/2003 5 :22 PM C:A DOCUME- I \thunterALOCALS - I \TempA2003 WESTHILLWater improvements REPORT. doc 6.0 PROPOSED WATER SYSTEM IMPROVEMENTS Transmission Main Extension : A new 12" diameter 6 , 350 foot long Transmission line would be constructed from South Hill to the Inlet Valley. The Main would connect to the existing 8 " line at Coddington-Danby Rd intersections . The main would run downhill through the Emerson Electric property to the Railroad Bed, along the railroad bed to an existing 8" line by Buttermilk Falls State Park ( See Map 2 ) . Easements from Emerson Electric and The State Park system (which owns railroad bed from Stone Quarry to Buttermilk Falls State Park) will need to be obtained . Because of the railroad bed being having a base of cinders that are caustic to iron piping this section would need to be wrapped in plastic . A control valve will be place on the new line near Stone Quarry Road . This valve will control the level of a new 200,000-gallon tank on Bostwick Road . Bostwick Road Tank : A new 200,000-gallon Tank would be placed on Bostwick Road . The location of this tank would be 1200 feet west of the Bostwick Road and Seven Mile Drive intersection (see map 3 ) . A new 8 -inch main would run from the existing 8 " main at the Bostwick Road and Seven Mile Drive intersection to the Tank. This tank would stabilize pressures in the ,Inlet Valley area . Coy Glen Pump Station . To bring the water from Inlet Valley to the new West Hill Tank a pump station is needed in the Coy Glen area. Five different locations have been evaluated for the pump station : Site 1 is located 150 feet north on Coy Glen Rd from it ' s intersection with Rte 13A . This site is close to the road and adjacent to the Coy Glen natural area and would require subdividing a small parcel of a residential lot located on Hackberry Lane . The principal benefit is adjacency to the existing water main and being able to install the new water main to the west hill in the existing road R . O . W . Disadvantages are the visibility of the site and 6 Last printed 7/7/2003 5 : 22 PM C:A DOCUME- I \thanterALOCALS- I \TempV2003 WESTHILLWater improvements REPORT.doc proximity to the natural area. This site would require approximately 2, 700 feet of water main . Site 2 is located in a wooded area West of Rte 13a approximately two hundred feet south of Coy Glen Road. This property is owned by the Calvary cemetery and may require special approval because of the cemetery use . The advantage is a location at an acceptable elevation and a proximity to the existing water main . New water main could also be constructed within the highway R. O . W . This parcel would also require a subdivision of land from the cemetery. This alternative requires construction of 3 , 100 feet of water main . Site 3 is located on the East Side of Rte . 13a adjacent to the south bank of Coy Glen Creek. This site is partially on NYS R . O .W . and partially on an access road to the lands adjacent to the flood control facilities on Cayuga Inlet. The primary advantage for this site is location in a disturbed area and distance from the Coy Glen residential area. This location would require installation of two 12" water main crossings of a state road and a creek crossing . This alternative requires the construction of 3 , 300 feet of water main along with two highway crossings . Site 4 is located North of the Glenside area adjacent to the existing water main from the Elm Street tank. This site would require subdivision of a large parcel for the tank site and construction of an access roadway from Glen Side Road . An advantage of this site is less visibility and construction of less pipeline in the roadway . This site would require the construction of approximately 2 , 200 feet of water main . Site 5 is located on Coy Glen Road approximately 600 feet above Glenside Road A new 12-inch main will be placed alone Coy Glen Rd to West Haven Rd to connect to an existing 12" main crossing West Haven Road . New West Hill Tank : The New 1 ,000,000-gallon tank , that was part of the original West Hill water plan to be a sister tank for the Trumansburg Road tank, would be built approximately 1200 feet west of Westhaven Rd. A new 12 " line would be run from the existing 12" water main on Westhaven Rd to the Tank Site. The new storage tank will have an overflow elevation of 1080 feet and a base elevation of 1050 feet. Static pressures in the proposed Mecklenburg Road/Westhaven Last printed 7/7/2003 5 : 22 PM C:ADOCUME- i \thunter\LOCALS- ffempA2003 WESTHILLWater improvements REPORT.doc Road Service Area will increase by approximately 25 p . s . i . over the existing static pressures provided by the Trumansburg Road Tank . 7.0 PROJECT COSTS Westhaven Tank and Pipeline DESCRIPTION ENGINEERS ESTIMATE 7/1 /2002 PLAN DEVELOPMENT LEGAL $ 55000 . 00 SURVEY $ 15000 . 00 R . O . W . ACQUISITION $ 307000 . 00 ENGINEERING DESIGN $ 51000 . 00 CONTRACT DOCUMENTS $ 27500 . 00 BIDDING PROCESS $ 2 , 500 . 00 CONTT . CONTRACT $ 992 , 750 . 00 CONTRACT ADMIN $ 11500 .00 INSPECTION $ 31000 . 00 TESTING $ 59000 . 00 TOWN FORCES $ 55000 . 00 TOTAL COST $ 1 , 053 , 250 . 00 South Hill Transmission Main DESCRIPTION ENGINEERS ESTIMATE 7/1 /2002 PLAN DEVELOPMENT LEGAL $ 51000 . 00 SURVEY $ 1 , 000 . 00 R . O .W . ACQUISITION $ 30 , 000 . 00 ENGINEERING DESIGN $ 57000 . 00 CONTRACT DOCUMENTS $ 21500 . 00 BIDDING PROCESS $ 25500 . 00 CONST . CONTRACT $ 9005000 . 00 CONTRACT ADMIN $ 11500 . 00 INSPECTION $ 35000 . 00 TESTING $ 51000 . 00 TOWN FORCES $ 53000 . 00 TOTAL COST $ 960 , 500 . 00 8 Last punted 7/7/2003 5 :22 PM C:ADOCUM E- I \thunterALOCALS- I \TempA2003 W ESTH ILLWater improvements REPORT.doc Bostwick Road Tank and Water main DESCRIPTION ENGINEERS ESTIMATE 7/1 /2002 PLAN DEVELOPMENT LEGAL $ 51000 . 00 SURVEY $ 17000 . 00 R . O .W . ACQUISITION $ 30 , 000 . 00 ENGINEERING DESIGN $ 51000 . 00 CONTRACT DOCUMENTS $ 29500 . 00 BIDDING PROCESS $ 25500. 00 CONST . CONTRACT $ 500 , 000 . 00 CONTRACT ADMIN $ 15500. 00 INSPECTION $ 33000 . 00 TESTING $ 55000 . 00 TOWN FORCES $ 55000 . 00 TOTAL COST $ 5603500 . 00 Coy Glen Water main and Pump Station DESCRIPTION ENGINEERS ESTIMATE 7/1 /2002 PLAN DEVELOPMENT LEGAL $ 5, 000 . 00 SURVEY $ 1 , 000 . 00 R . O . W . ACQUISITION $ 30 , 000. 00 ENGINEERING DESIGN $ 5 , 000 . 00 CONTRACT DOCUMENTS $ 2500 . 00 BIDDING PROCESS $ 29500 . 00 CONST . CONTRACT $ 5007000. 00 CONTRACT ADMIN $ 12500 . 00 INSPECTION $ 39000 . 00 TESTING $ 59000 . 00 TOWN FORCES $ 5 , 000 . 00 TOTAL COST $ 560 , 500 . 00 9 Last printed 7/7/2003 5 : 22 PM C:ADOCUME- I \thunter\LOCALS- I \TempV2003 W ESTMLLWater improvements REPORT.doc 8.0 APPENDIX -Figure 1 . Project Location Map -Figure 2 . Existing West Hill Service Areas -Figure 3 . Proposed West Hill Service Areas -Figure 4 . Preliminary Plan -Tables 1 -5 . Estimated System Demands -Table 6 . Preliminary Construction Cost Estimate -Table 7 . Town of Ithaca Customers Served -Table 8 . City of Ithaca Customers Served 10 Ust printed 7/7/2003 5 ; 22 PM C :ADOCUME - I \thunter\LOCALS-- I \Temp\2003 WESTHILLWaterimprovements REPORT.doc Attachment #S IS Meeting 6/9/03 • k ( ( \ T T \ \ § / # * # _ k [ Nk(())( \ Co z z ; 2 e= ( § ( z ] a / a ) z \ \ \ z % - 00 - - - - §2 \ \ § k ) ) ) \\ \ })\ \ \(§ \ \ \\\\\ \/ \\222\\/\\///\///\/\ § § _ 07 0 3 \ ( / § k ® §/§\§§§))\))OPP $ ° ° ° 0 000000///\///\/////\ @ @ m » ) @ . d22/4}\\ ( \ \ \ / 2 § \o\oa\\\\\\\ §\)\ @ ) _ § §0 [ Aft / ! 8 8 2 2 ;% § K o i \\}§\ @% J! m B k \c,o,\j\[))\§/)/[))( F ( } w ( �2 zM 0 z Iz t1 2k §k0 2 O ` \k /§ § § ( ■ _) ■o ■ 7 \ §/ E m M _ � m >z M }� . )( - w }} \ �\ "° { §t@ E . n >a: 2 [\\ z \ §/m / 2 M0$< a== _ 7 ;(m k \ § )($ G (n\ M K \ �U) 0 }_ \\ \ ) _ f' rim O ON N O N O N O ON ON N O OOOO(O�OOO000 O O0 O0 po0 0 o0 W V 0CI A W N O V O o m The C �C D c N cn N N N N N N ppN�1 N N W r - NA OW1(PONA 00ONAmM ONAQ)ONDONA OM wo Z Z ,ZI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ()O N O0O0ogOOOO00088O000 00OOOOOOSo00O$00000'0800 mG� A 000000 0000000 000§008000 00 N � T O � Z z v W n o v O N N N N N N N N N N N N N N N N N N N N N N N N N D 0 0000000000000000000000000 � $ SSB00000000S$SSSo°�S00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z M U N N W W A A �t(P O� V V(A M(D(O O O N N W m N CT O Q7 V N V W P). o O(T 0) V N OJ W OD A(O(P 0000000000000000000 00 000 0 00000000000000000000O000O N Vi A O N N N N N � 01 N W W A A U(T m 3; :V 10 N(O(O O N N W W A A 1l V N V W�A O A O(Jt _ -� V N(D W(D A(O C� D O A N O O A N 01 O A N O A O N A 0000 N 0 r O O 0000000000000000000®0 O O O O N O_ W 0000000000000000_00000000000000 m W W W W N N N N N N N N N N 000 0 00 D W J O U(A W N-+O cD W V W 0 A W O(D W J O)(!(A x p D o oog000000800WAOeoe °°�oo0880$88 zZ 00 oopp00000gS0000 S Bob 0000 op o0 mo N 888888888800 000000808,08§80000000 0 000000000000000 mG 6 o z 0 w n 0 000000000000000000000080000000 0 000000000000000000000000000000 N EA Z m m m N N�2 W A A 0(r 4P W V J W W(2 W O O D A 0 W W N J (A O U(O A fD W N J O) (T O A(D W W N J (T cn CT m N V W W A(O CJ(O M�V N W W CD A O CA 8 M N J W W A co N CT O(T 000 W O(J(OCT O(T 000CIiO000O CT OOOCT ONO O 0 0 0000000000 0 00000000 0 00000000 N b9 A � -� N N N N N N N 0 A A Cn N U1 01 O)V J W W(D O O O O N N W A 0 W W N V M O( O A 0 W W N J M 0 O A 0 W W N V W D P. O W—O'N V W W A(D(n O 01 En V N W W(D A O U 8 M N V W co A 0 CT r t(D O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0`(�'0 0 0 0 0 0 0 0 0 0 0 Cl) a W Attachment # 6 TB Meeting 6 / 9 / 03 0 9 Southern Cayuga Lake Intermunicipal Water Commission Office and Work Space Addition And Renovation Project The Southern Cayuga Lake Intermunicipal Water Commission (Commission ) is proposing to construct a 7616 square foot, two story office and work space addition on the east end of its water treatment facility at 1402 East Shore Drive in the Village of Lansing and renovate 4332 square feet of existing office space . The addition will provide for increased office space for the Commission ' s Administration and Distribution personnel and provide workshops for the Commission ' s electrical and mechanical technicians and production department personnel . The project will also make the facility handicap accessible . In addition to office space and workshops , the project includes an archive room for long term storage of the Commission ' s files and documents , an expansion of the facilities laboratory to meet increased water quality monitoring requirements , the addition of a fire suppression system to the new and renovated areas of the facility, and will bring the HVAC systems into compliance with current building codes . The north entrance to the facility will be upgrade and four additional parking spaces to accommodate the public will be constructed . The project is being designed by Hunt Engineers and Architects , and their most recent total cost estimate for the project is $2 , 300,000 . 00. Southern Cayuga Lake Intermunicipal Water Commission Office and Work Space Addition and Renovation Project The original construction plans for the facility included an office wing to the east of the treatment plant. When the low bid came in $ 1 ,000,000 over budget, the office wing was eliminated from the project. The original office wing was just for plant operators—six at the most. The Commission ' s treatment facility has had to accommodate administration and distribution department personnel in addition to plant operators . Over the years , staff offices have been carved out of space originally designed for water treatment functions . Due to increases in responsibilities and the expansion of the municipalities ' water systems , Commission staff now numbers 19 , and office and work space is very cramped. There is one restroom for 19 employees and the facility is not handicap accessible . The office addition will help separate office areas from treatment areas and will give space back for treatment functions . New EPA regulations will require the Commission to make changes in treatment and space needs to be freed up for this . It is less costly to build office space than space for treatment functions . The renovations will include an office for the laboratory and a separate room for microbiological analyses . EPA regulations have increased the amount of laboratory testing required and the office will provide space for the laboratory computers and files that is isolated from the moist environment of the main laboratory . The addition includes space for an electronic/electrical workshop and a mechanical workshop . Current space for maintenance of plant and water system equipment is almost non-existent. The addition includes an archive room for storage of the Commission ' s files and documents . Currently , these files are stored in the distribution department garage along with distribution system materials . The addition and renovations will bring the office area HVAC systems up to code . The original system has been supplemented with electric baseboard heat for many of the office areas and office air conditioning is accomplished with several through the wall units . A fire suppression system and alarms will be installed in the office addition and the office areas that will be renovated . In 1993 , the Commission and member municipalities approved flattening the water rate and raised the rate for water to $2 . 50/ 1000 gallons to build up a fund balance to fund capital projects . The office addition was one of the capital projects identified to be funded from this . The rate was raised to $2 . 55/ 1000 gallons in 1996 and remained there until 1999 when the rate was lowered to $2 .04/ 1000 gallons . The rate was reduced to $ 1 .79/ 1000 gallons in 2000 . In 1996, the Commission ' s capital projects were put on hold pending negotiations with the City of Ithaca on becoming a partner in the Commission . The thought was to include many of the capital projects , such as the office addition , with the treatment facility expansion that would be required to supply the City of Ithaca with water. The reason the water rates were lowered starting in 1999 was that the fund balance was growing and the capital projects were on hold . With negotiations with the City being at a standstill for the past two years , the Commission determined that it could no longer delay its capital improvement program . Emergency backup generators were installed at the Commission ' s raw water pump station and treatment facility in 2002 , and the design is nearly complete for a Commission storage tank on East Hill and an associated transmission main extension to the tank. Approximately $ 1 , 300,000 of project funding would come from the fund balance and $ 1 ,000,000 would be bonded for 20 years . Repaying the bond would raise the water rate approximately 6 % to 7 % . The current rate is $ 1 . 79/ 1000 gallons . A 7 % increase would raise the rate $0 . 125/ 1000 gallons . A rate increase may not be necessary if the Town of Ithaca completes an extension of the Commission ' s transmission system to Inlet Valley. � �. L y �* 9 ;,d AIRPORT CORPORATE PARK TEL: 607-358- 1000 100 HUNT CENTER FAX: 607-358-1800 HORSEHEADS, NEW YORK 14845 June 3, 2003 Southern Cayuga Lake Intermunicipal Water Commission Bolton Point Water System 1402 East Shore Drive, Ithaca, New York 14850 PROJECT BUDGET ALTERATION NEW TOTAL GROSS EXISTING BUILDING AREA TO BE ALTERED FOR PROGRAM ELEMENTS Upper level stairway + 3 bay along east 21 It x 61 ft = 1 ,288 sf x $65 /sf = $83,729 2 bays along west 21 ft x 40 ft = 846 sf x $65 /sf = $55,010 lab: minor changes 21 ft x 21 ft = 441 sf x $65 /sf = $28,665 Lower level stairway + 1 bay along east 21 ft x 26 It = 546 sf x $65 /sf = $35,490 one bay in southwest corner 21 ft x 21 It = 441 sf x $65 /sf = $28,665 Lower level operations room 11 ft x 70 ft = 770 sf x $ 100 /sf = $770000 (new exterior windows, new interior windows, new hvac, new finishes) SUBTOTAL 4, 332 sf x $308,559 $3089559 ADDITION Upper level 3,731 sf x $ 129 /sf = $481 ,299 Lower level mechanical space 228 sf x $75 /sf = $ 17, 100 remaining addition 3, 503 sf x $ 100 /sf = $350,300 SUBTOTAL 7,462 sf $848,699 $848,699 ALLOWANCES: elevator base cost $50,000 $50,000 additional stop $57000 $5,000 two speed doors $ 18,000 $ 189000 90 degree doors $159000 $ 159000 technology $29, 478 $50,772 $80,250 site work $154,280 $ 154,280 storm water management $25,000 $25,000 ff&e $5, 510 $9,490 $ 15,000 rock excavation $4,500 $4,500 interior stairs/sidewalk/entry roof $20,000 $20,000 asbestos abatement $ 15,000 $ 15,000 sun breaks & entry roofs on addition 148 If x $220 /If = $321560 $32, 560 sun breaks on existing 150 If x $220 /If = $33,000 $33,000 SUBTOTAL $82,988 $3847602 $4679590 SUBTOTAL $391 , 547 $ 1 ,233,301 $ 11624,848 CONTINGENCY /� /� c Y25 % $97,887 $308,325 $406,212 TOtAOw STFi Ci ION COS ��t ird9 � F x l F f 1 G r 5 4 d ¢ . 3Fi t , F a nT P a a , ` �q. e k �N .d• � , � $�89 43a3 1 54��626 $2 D oso �',.. ,? a :� �!» _ INCIDENTAL COSTS legal fees 51000 insurance 15 ,000 HUNT clerk of the works 40,000 a/e fees $ 1 ,541 , 626 new construction 5. 71 % 88,002 $489 , 433 alterations 9. 36% 45,818 $2 ,031 ,060 total testing: soil boring, survey , concrete, compaction , etc 30,000 SUBTOTAL 223,820 CONTINGENCY 25 % $55,955 a}; r i , ¢ j$ /,f,, Ina T TAf1N1[ ENTALGOSTS # o �. �. "' t,� . �¢ '� . _ HIVOU 1279,77„S TO1LRK �lE� TCOSTti ' f ti r � �d . � � �; k a' �� , � � �� ) cE„D hR „ x NV.E3' r ,,. . " . .dic : ?zx l..F . nj���. a a✓ 835,, m A n o I -- -- , 1 1 i El C 0 ul i W j Z i = o law it s -- CO It . LU uj It j 2 . 1 I E- ' l o it i --.-...-.._..... ............-...._.. ..; A , r a o o o z 2020 I i E A4 ATIONS SCUT NTERM � N1G1PAL WATCOM (: GMM1SS1CN - . � �, _= ws � � o - - _� ;s ;� ,.,� �o� � ► � � aiodi L :F:PT CCRRCRATC PARK, 1W ICINT '.C1T TT'... HCFi .MEA_5. :N, LANL. 3 i �RC`•J�`:T `�i): iTHACA NEW VORK !.. <✓ / �O O 1D I i a z u u = � o m h � z ' al u o s_ OaaaA II rS fi I � ocoon L.. Y ' I ! a a a a iz 1 p Oman w m N r O ,p a L o aaaas z M O K O uu x zo i t i = 0 40010 i ! J 1 1 1 1 I ELEVATIONS � � f 607 . 358 " , CCO � . 358 aca y ' SOUTHERN CAYUGA LAKE v 0'.�?"ti I! f r c.i��.n. y 'gy�p :NTEPMUNICPAL WATER O eO _L:aorr u ]mw-E ": ftK ^C NUVT LEUI CRCnEn'S ` ;THACA, INEIN YORK 1 c„ � — I I o a o Q o III � I I I ' ! iivLs it ROOM RINE G14LORWAT40N NLCHA_1416 ROOM i1i ROOM I it \ 01 I 00C j 008 A7tCHIYE ROOM ;I I — CHCMICALI INAN ! I -\ -- PEED 00' V .._._...---...___-.._..... _.__.._—. ._.---- ! 007 ! . \�----� tO i ................ . ' i 24 8r i ! { f ROOM MEN78 C.bRRIDO ® ROOM II Ali ® a 4 -- • ' I i LOCKER LOCXER ! I (! ROOM ROOM SROOMR i 11 006 008 I Sr r I . \ l _ .. STAIR .. .._.'-- --"--- ._.---!.1.x.1-- ------- --"--'-' --•I i ' ELEVATOR I . LEG SHOP MECHANICAL TEj ? 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WOMEN'S 114 O E 'JOT i - - - - - �a nr y 105 105 i I o COMM. 3o SIR 46 Sr ROOM I Loa i I aaa ar i I FIRST FLOOR PLAN SOUTHERN CAYUGA LACE , � ; :�,s I '� 1 p WATER g'''am COMMISSION � ' ;,: PerT COgP AA c PARK, .IauNT � T a. ' 7 CO 17HACA, NEW YORK I ( ? ` ' I I AM WAM & O YP Of MATH SASAM=M TM °,AN= PfllAT PLOdI f f i � I a• ' 91tO m mia i V • .i _ e PICA . WALL SE("."NION SOC #+, 5C7 � 35B • t CCO IIIINTERMUNICIPAL r. T . WATER COMMISSION =5 • SU � `'c � k �. U ' I :.iFPORT COAPOAATE PARK- '.W kUNT ENiE . HOASEHcppS, f+.Y. Utl45 i FF. )JE-C i '.40: 1 ITHACA, NEW YORK fi 2257 -W. ' i Attachment # 7 TB Meeting 6 / 9 / 03 Agenda Total Project Budget- Tertiary Phosphorus Removal Upgrade Contract 1 General Construction Mobilization, bonds, insurance , and general condition $ 2001000 Sitework $ 253000 Process structure $ 191005000 Equipment $ 1 ,400,000 Process and yard piping $ 100 ,000 Subtotal $27825 ,000 Contract 2 Electrical and Instrumentation $ 4105000 Contract 3 Heating, Ventilating, and Plumbing $ 855000 Contingency $ 1705000 Fiscal, Legal, and Engineering $ 625 ,000 TOTAL PROJECT COST $41115,000 Project Management Budget — Construction Phase Bidding $ 2400 Construction Administration $ 63 ,900 Shop Drawing Review $ 35 , 100 Resident Representative $ 55 , 700 Concrete and Soils Testing $ 10,600 Change Orders $ 7 , 900 Record Drawings $ 61000 Operations & Maintenance Manual $ 16 , 700 Plant Startup $ 55900 Guarantee Period Services $ 5 , 500 Project Closeout $ 24900 Stearns & Wheler Cost Not To Exceed $235,000 City & WWTP Resident Representative Services Already budgeted TOTAI. $235 ,000 Project Funding Sources- Tertiary Phosphorus Project Total $ 4, 115 ,000 Committed Bond Act Funding $(2 ,771 ,000) Revised Local Remainder $ 1 ,344,000 Approximate Partner Shares $ 1 ,344 ,000 of total $4, 115 ,000 City of Ithaca 57 . 15 % $ 768 ,096 of total $2, 351 , 722 . 50 Town of Ithaca 40 . 87% $ 549 ,292 . 80 of total $ 1 ,681 , 800 . 50 Town of Dryden 1 . 98% $ 26 ,611 . 20 of total $ 81 ,477 The above figures give the best project forecast of the respective municipal shares of the total project cost that must be temporary financed and the range of costs that would remain as local shares to permanently finance . The project is on an eligibility list for Environmental Facility Corporation financing at 50% reduced interest plus administrative fees . A representative borrowing rate given present long term rates around 5 % would be an effective rate of 2 . 8% on a 20 year bond payment schedule. Since the project will be constructed during 2003 , permanent financing should not be anticipated before early 2004. ew York State Department of Environmental Conservation Am ivision of Water, Region 7 15 Erie Boulevard West, Syracuse, New York 13204-2400 — hone : (315) 426 -7500 u FAX : (315) 426-7459 Website : www. dec. state . ny. us Erin M . Crotty Commissioner April 30 , 2003 Mr. Lawrence P. Fabbroni , P . E. , L . S . Assistant Superintendent of Public Works City of Ithaca 510 First Street Ithaca, NY 14850-3506 Re: Clean Water/Clean Air Bond Act Project Work Plans Ithaca Phase I and II Collection System Improvements, App . No . 99- 3107 , 98 - 2209 ; Ithaca Area Wastewater Plant Re-rating, App . No. 98 -2209 ; and Ithaca Area Wastewater Plant Advanced Phosphorus Removal , App . No ' s 98 - 2209 , 99-3107, 00-40409 01 -4040. r Dear Mr. Fabbroni : This letter is to notify you that the above referenced documents which were received in our Region 7 office on March 27 , 2003 have been p rP oved. A copy of the approved PiOjcc: l Work Plans will be transmitted to the NYSDEC Central Office in Albany along with this letter . The Central Office Bond Act staff will be in contact with you regarding the Contract process . Please contact me if I can be of further assistance _ The Department looks forward tO working with the City of Ithaca on these beneficial wastewater treatment improvemr. nt projects . Sincerely , Tara M . Blum Environmental Engineer 1 (' C Jeanne Swint , DEC CO , with enclosure Steven P . Eidt , P . E. , RWE Reg . 7 , letter only Gerald C . Hook , P . E . , Stearns & Wheler , letter only Attachment # 8 TB Meeting 6 / 9 / 03 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN OF ITHACA TOWN BOARD FROM : JONATHAN KANTER, DIRECTOR OF PLANNING r� RE : HOLLY CREEK REZONING — JUNE 9T11 PUBLIC HEARING DATE : JUNE 2 , 2003 The June 9th Town Board meeting agenda includes a public hearing regarding and consideration of adoption of a local law to rezone portions of the David Auble premises at the corner of West King Road and Danby Road in connection with the Holly Creek Subdivision and related site development. The Planning Board, as lead agency, approved a negative declaration of environmental significance at their May 6`h meeting and granted Preliminary Subdivision Approval , Preliminary Site Plan Approval , and issued an affirmative recommendation to the Town Board regarding the Zoning Change at their May 201h meeting for the proposed 8 -lot subdivision and associated development located at the intersection of West King Road and Danby Road, Town of Ithaca Tax Parcel No . ' s 37 - 1 - 17 . 1 and 37- 1 - 18 , Multiple Residence and Business Districts "C" and "D". The proposal is to subdivide the 15 +/- acre parcel into 5 lots for single-family residences (to be zoned R- 30 Residence) , two lots totaling 4 . 63 +/- acres for 20 apartment units in four buildings (to be zoned Multiple Residence) , and reserve the remaining 5 . 01 +/- acre lot along Danby Road for future commercial development (to be zoned Business "C" in its entirety) . David C . Auble , Owner/Applicant; Gary L . Wood, P . E. and Brian M . Klumpp, L . S . , Agents . Zoning Changes : The proposed zoning changes were recommended to the Town Board by the Planning Board as being appropriate and consistent with the recommendations of the Comprehensive Plan for "Suburban Residential" development, and are also consistent with the proposed revised Zoning Map under consideration by the Town Board (with some minor modifications) . The site is currently zoned Business "C " and "D " and MR Multiple Residence . The proposed development would consist of 20 apartment units and 5 single-family homes . The proposed zoning changes are necessary primarily because the Business Districts in the Town of Ithaca Zoning Ordinance do not currently allow residential uses . The 5 single-family lots (Lots 1 — 5 ) will be rezoned from Business "C" and MR Multiple Residence to R- 30 Residence . This is a down zoning resulting in less density than would be permitted under current zoning. Lots 6 and 7 proposed for 20 apartments will be rezoned from Business "C" to MR Multiple Residence, also considered a down zoning resulting in less overall density than allowed in the Business zone . The small corner of Business "D" would be rezoned to Business "C", deleting the possibility of adding another gas station or auto repair shop at this intersection. Adjacent Tax Parcel No . 37- 1 - 18 (0 . 17 acres - also owned by the applicant) would be rezoned from MR Multiple Residence to Business "C" and consolidated with Lot 8 . Lot 8 (already mostly zoned Business "C ") would be reserved for future commercial development . Another relevant subject that was discussed at the Planning Board meetings is that the density and number of units in the proposed Multiple Residence (MR) zone is well below that permitted in the MR zone . The current density permitted in the MR zone is a maximum of 17 .4 dwelling units per acre, which on the 3 . 74 +/- acres designated for apartments (not including the storm water management areas on the west side of Holly Creek Lane) could result in a theoretical potential of up to 65 dwelling units . The actual number of apartments proposed is 20 units, which results in a density of 5 . 3 dwelling units per acre . [Note : Even the reduced density factor in the proposed, revised Zoning Ordinance (draft Jan . 15 , 2003 ) for the MR zone would be a maximum of 12 . 4 +/- dwelling units per acre . ] Occupancy of Apartments : An issue that was discussed at the Planning Board meetings focused on who would occupy the apartment units . Residents in the neighborhood and some Planning Board members expressed initial concern that the apartment units would be rented to students because of the proximity of the site to Ithaca College . However, revised floor plans submitted to the Planning Board show that each apartment unit will include two bedrooms (a master bedroom on the first floor and a second bedroom on the second floor), plus a "loft" on the second floor. The loft has a rail wall overlooking the downstairs living room and a rail wall along the stairway (and so is not a fully enclosed room) with no closet. The applicant indicates that the intended market population for these apartments is ( 1 ) empty-nesters, in which case the loft could be used as a play area/television room or guest room and (2) two single or married working people , in which case the loft could be used as an office area. • number of residents near the site spoke against the rezoning at the Planning Board meetings . • petition was submitted to the Planning Board opposing the rezoning, and numerous letters and emails were sent to the Planning Board, mostly containing negative comments pertaining to the apartment component of the Holly Creek project . An ironic aspect of this is that 1 . 7 acres of the Auble site is currently zoned MR Multiple Residence adjacent to West King Road, and by right, the developer could theoretically build up to 29 apartment units (at the maximum MR density of 17 . 4 dwelling units per acre) in the existing MR zoned portion of the site . Of course, that would be difficult given the configuration of that MR portion. The point was made at the Planning Board meetings, however, that the Holly Creek proposal is basically shifting the currently permitted MR portion to a better, more buffered part of the site, significantly reducing the amount of commercial development potential on the remaining site . It also adds a logical transition to single-family homes adjacent to the State Park. This rezoning proposal is very similar to and consistent with the proposal by the Codes and Ordinances Committee on the proposed, revised Zoning Map . The petition, letters and emails submitted to the Planning Board are available in the Planning Department files if any Board members are interested in reviewing them , but it was felt that this would be too much to include in the Town Board packets . The Planning Board meeting minutes are also available for anyone who wants to review these . Please contact Sandy Polce (273 - 1747) to review these materials . Enclosed for the Board ' s review and information are the following : the negative declaration of environmental significance issued by the Planning Board (5/6/03 ) , sections excerpted from the 2 Engineer ' s Report for the Holly Creek Subdivision (3/ 14/03 ) , the Planning Board ' s resolution of preliminary approval including a recommendation to the Town Board to approve the rezoning, a draft local law regarding the proposed rezoning, a survey map showing the proposed rezoning (5/2/03 ) , and a letter from the County Planning Department indicating that the proposed rezoning will not have any inter-community or county-wide impacts. John Barney has also provided a resolution for the Board ' s consideration regarding adoption of the local law to rezone the Auble premises . Also included as attachments to the next agenda item (regarding acceptance of the location of roads and utilities in the Holly Creek Subdivision) are preliminary plans for the Holly Creek Subdivision, entitled " Site Utilities ," prepared by Gary L . Wood, P . E . and Reagan Land Surveying and dated March 14, 2003 (revised April 2 , 2003 ) and " Site Plan," prepared by Gary L . Wood , P . E . and Reagan Land Surveying, revised May 14 , 2003 — please refer to these as well . Please let me know if you have any questions regarding any aspects of the above , or regarding any of the enclosed materials . Encl . cc : David Auble Brian Klumpp 3 Attachment # C TB Meeting 6 / 9 / 03 Local Law Filing NEW 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. cvM07 - — Ithaca - Town - µ}}age- Local Law No. - - - - - - - - - - 1- - - - - - - - - - - - - - - - - - - - - - - - of the year 20- 03 Amending the Town of Ithaca Zoning Ordinance to Rezone A local law - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Owen Tale) Portions of the David Auble Premises at the Corner of West King - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - . . . . . . . . . - - - - - - - - - - - - - Road and Danby Road to Multiple Residence District R30 in Connection - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with the Proposed Holly Creek Subdivision Project - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Town Board Be it enacted by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the (Nemr of L r`islarive Body) 0trof - - - - - - - - - - - - - - - Ithaca - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : Town �ttfage ( See Attached Pages 1 through 6 ) (If additional space is needed , attach pages the same size as this sheet , and number each .) DOS -239 ( Rev. 11/99) ( 1 ) LOCAL LAW NO . 1 FOR THE YEAR 2003 A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO REZONE PORTIONS OF THE DAVID AUBLE PREMISES AT THE CORNER OF WEST KING ROAD AND DANBY ROAD TO MULTIPLE RESIDENCE DISTRICT , BUSINESS C DISTRICT, AND TO RESIDENCE DISTRICT R30 IN CONNECTION WITH THE PROPOSED HOLLY CREEK SUBDIVISION PROJECT Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Recitals , 1 . David Auble , the owner of the premises described in the annexed schedules has submitted to the Town a proposal for a multi-faceted development which would include business zones , multiple family dwelling units , and one and two family dwellings all as more particularly shown on a Site Plan prepared by Gary L . Wood dated March 14 , 2003 , related to the Holly Creek Subdivision (Town of Ithaca Tax parcels 37- 1 - 17 . 1 and 37- 1 - 18 ) . 2 . In connection with such project, Mr. Auble has requested certain changes in the zoning for his property. 3 . The Town Planning Board has recommended the Town Board rezone Mr. Auble' s property as set forth below . 4 . The Town Board finds it to be in the best interests of the Town and community to effect the rezoning set forth in this local law . Section 2 . Rezoning . The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 and subsequently amended , be and the same is further amended to as follows : 1 . The area described on Schedule A- 1 annexed hereto and all other areas in the vicinity of the area so described that are zoned Business District ` D" are hereby rezoned from Business District ` D' to Business District `C ' , and the area described on Schedule A-2 annexed hereto and all other areas in the vicinity of the area so described that are zoned Multiple Residence are hereby rezoned from Multiple Residence to Business District `C' so that the entire area described on Schedule A- 3 annexed hereto will be zoned Business District ` C ' . 2 . The area described on Schedule B annexed hereto is hereby rezoned from Business District `C ' to Multiple Residence District. 3 . The area described on Schedule C annexed hereto is hereby rezoned from Business District `C ' and Multiple Residence to Residence District R30 . 4 . The official zoning map of the Town of Ithaca is hereby amended to show the rezoning of the premises described on the attached schedules at the locations described . Section 3 . Partial Invalidity . In the event that any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such AuG1e-IIo11r Creek Rezoninga/, nP8. 0; Ha1,jCB tllaca Local Lans. tune 13. 2003 (/ 1:3.5.9JQ declaration . Section 4 . Effective Date . Pursuant to Section 265 of the Town Law this local law shall take effect ten days after its publication (or publication of a summary or abstract as permitted by law) in the Ithaca Journal , or upon its filing with the Secretary of State , whichever is later. 9ublc-Hol/i Cieck Hczuifir�g./L n18. 0: H;rl, JC11 /thaw Loca/ Lans, Ji,ure /3, 2003 (/ 1: 35, 1.1!1 SCHEDULE A- 1 DESCRIPTION OF PROPERTY RE-ZONED FROM BUSINESS DISTRICT ` D' TO BUSINESS DISTRICT ` C ' ALL THAT TRACT OF PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County, New York more particularly described as follows : COMMENCING at the intersection of the south line of West King Road with the west line of Danby Road - New York State Route 9613 ; thence South 40 35 ' 46" West along the west line of New York State Route 96B a distance of 150 feet to a point; thence westerly on a right angle to Danby Road a distance of 125 feet to a point; thence North 40 35' 46 " East and parallel to Danby Road a distance of 210 feet to the southerly line of West King Road ; thence South 57° 44 ' 14 " East along the south line of West King Road a distance of approximately 135 feet to the point or place or beginning . SCHEDULE A=2 DESCRIPTION OF PROPERTY R &ZONED FROM MULTIPLE RESIDENCE TO BUSINESS DISTRICT ` C ' ALL THAT TRACT OF PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County, New York more particularly described as follows : BEGINNING at a point in the west line of Danby Road - New York State Route 96B which point is located the following courses and distances from the intersection of such westerly line with the south westerly line of West King Road : ( 1 ) South 40 35 ' 46 " West 293 . 22 feet to a point; (2 ) South 190 330 " West 126 . 03 feet to a highway monument; ( 3 ) South 60 10 ' 41 " East 186 . 37 feet to a point which point is the place of beginning . From said point of beginning running thence North 84° 30' 21 " West 60 . 26 feet to a monument; running thence South 1 ° 49' 21 " East 125 feet to a monument; running thence 840 32 ' 4 " East 54 . 72 feet to a monument in the west side of Danby Road , which monument is just north or a highway monument; thence North 1 ° 10 ' 45 " East along the west side of Danby Road 116 . 46 feet to a highway monument; thence North 60 10' 41 " West a distance of 8 . 02 feet to the point or place of beginning . Being shown generally as tax map number 37- 1 - 18 . 3 A ub/c-Ilo/h, Cicck Reeauig5'//,. np8. 0; IhJ J(YS Ithaca Loc;r/ Lns, fuuc 13. 2003 (11:3.;A ,1) SCHEDULE A-3 DESCRIPTION OF PROPERTY ZONED BUSINESS DISTRICT ' C ' ALL THAT TRACT OF PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County, New York more particularly described as follows : BEGINNING at the intersection of the southwest line of West King Road with the west line of Danby Road - New York State Route 966 ; thence South 40 35 ' 46 " West along the west line of Danby Road 293 . 22 feet to a point; thence South 190 3' 30" West along the west line of Danby Road 126 . 03 feet to a highway monument ; thence South 60 10' 41 " East along the west line of New York State Route 96B a distance of 194 . 39 feet to a highway monument; thence South 10 10' 45 " West along the west line of Danby Road 116 . 46 feet to a monument; thence North 840 32 ' 4" West passing through monuments at 54 . 72 feet and 269 . 72 feet a total distance of 322 . 83 feet to a 3/4" rebar and cap ; thence North 14 ° 39' 56 " East a distance of 357 . 44 feet to a rebar with a cap ; thence North 670 20' 0 " West a distance of 51 . 46 feet to a rebar with cap ; thence North 60 6' 26 " East a distance of 277 . 93 feet to a rebar with cap ; thence North 420 24' 35 " East a distance of 79 . 44 feet to a monument; thence North 480 45 ' 46 " East a distance of 125 . 25 feet to a monument in the southwest line of West King Road ; thence South 57° 44' 14 " East along the southwesterly line of West King Road a distance of 174 feet to the point or place of beginning . SCHEDULE B DESCRIPTION OF PROPERTY RE-ZONED FROM BUSINESS DISTRICT ' C ' TO MULTIPLE RESIDENCE DISTRICT ALL THAT TRACT OF PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County, New York more particularly described as follows : COMMENCING at a point located approximately 125 feet southwesterly from West King Road which point of beginning is the following courses and distance from the intersection of the southwest line of West King Road with the west line of Danby Road : ( 1 ) North 570 44' 14 " West along the southwest line of West King Road 174 feet to a point ; (2 ) South 480 45 ' 46 " West 125 . 25 feet to a monument at the point or place of beginning . Running from said point of beginning North 410 14' 14 " West a distance of 200 feet ; thence South 480 45 ' 46 " West a distance of approximately 78 feet to a rebar with a cap ; thence on a curve to the left with a radius of 110 feet an arc distance of 82 . 51 feet to a rebar with cap ; thence South 50 47' 9 " West a distance of 290 . 81 feet to an iron rebar with cap ; thence continuing on the same course a distance of 57 . 92 to a rebar with cap ; thence on a curve to the left with the radius of 25 feet an arc distance of 24 . 71 feet ; thence on a curve to the right with a radius of 75 feet a total arc distance of 222 . 81 feet to an iron rebar ; thence South 50 49' 9 " West a distance of 201 . 80 feet to an iron rebar with cap ; thence South 750 0 ' 0 " East 73 . 56 feet to a monument ; thence 840 32' 4 " East a distance of 161 . 89 feet to a 3/4 " rebar with cap ; thence North 140 39 ' 56 " East along a westerly boundary of the parcel described in Schedule A-3 above a distance of 357 . 44 feet to a 3/4 " rebar 4 Ai1hA--HoUr 0-(-Vk Rezoning./, n/� Y. Q; H.�/:fCli /diary Lo all nrs /rrur /3 2003 (/ /:35,9 .1/) with cap ; thence North 67° 20 ' 0 " West a distance of 51 . 46 feet to a rebar with cap ; thence North 6° 6 ' 26 " East and continuing along a west line of premises described in Schedule A-3 above a distance of 277 . 93 feet to a rebar with cap ; thence North 42 ° 24 ' 35 " East a distance of 79 . 44 feet to the point or place of beginning . SCHEDULE C DESCRIPTION OF PROPERTY RE-ZONED FROM BUSINESS DISTRICT ' C ' AND MULTIPLE RESIDENCE TO RESIDENCE DISTRICT R30 ALL THAT TRACT OF PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County, New York more particularly described as follows : COMMENCING at a point in the south west line of West King Road which point is at an easterly corner of premises of Charles R . Niven (781 of Deeds at page 67 - tax map no . 37 - 1 - 15 ) ; running thence South 41 ° 14' 14 " along the southwest line of West King Road passing through a 3/4 " rebar with survey cap at 110 feet a total distance of 170 feet to a monument ; thence South 480 45' 46 " West a distance of 125 . 25 feet to a point which point is the most northerly corner of the premises described in Schedule B above ; thence the following courses and distances along a substantially westerly line of the parcels described in Schedule B above : ( 1 ) South 480 45' 46 " West approximately 78 feet to a 3/4 " rebar with survey cap ; (2 ) An arc distance of 82 . 51 feet on a curve to the left with a radius of 110 . 00 feet to a 3/4 " rebar with survey cap ; ( 3 ) South 50 47' 9" West passing through a 3/4" rebar with survey cap at 290 . 81 feet a total distance of 348 . 73 feet to a 3/4 " rebar with cap ; (4) an arc distance of 24 . 71 feet on a curve to the left with a radius of 25 feet to a 3/4 " rebar with survey cap ; ( 5 ) an arc distance of 222 . 81 feet on a curve to the right with a radius of 75 feet to a 3/4 " rebar with survey cap ; ( 6 ) South 5 ° 47' 9 " West a distance of 201 . 80 feet to a 3/4 " rebar with survey cap ; Continuing thence the following courses and distances along property reputedly owned by Buttermilk Falls State Park . ( 1 ) North 750 0' 0 " West 226 . 44 feet to a monument; (2 ) North 50 47' 9 " East passing through a 3/4" rebar with survey cap at 124 . 33 feet, passing through a survey monument at 240 feet, passing through another 3/4 " rebar with survey cap at 416 . 13 feet, passing through a survey monument at 479 . 99 feet, passing through another 3/4 " rebar with survey cap at 582 . 18 feet, a total distance of 719 . 99 feet to a survey monument; ( 3 ) North 21 ° 10' 18 " East a distance of 251 . 63 feet to a survey monument in a westerly corner of premises reputedly owned by Hamilton ( Liber 793 of Deeds at page 201 ) ; thence South 47° 3330 " East passing through a 3/4 " rebar with survey cap at 32 . 19 feet a total distance of 133 feet to a survey monument in a southerly corner of said Hamilton premises ; thence North 30 26 ' 30" East a distance of 100 . 31 feet to a survey monument in a westerly corner of premises reputedly of Niven ( Liber 781 of Deeds at page 67 ) ; (4 ) South 400 57' 22 " East a distance of 100 . 03 feet along a southwesterly line of Niven 5 Amhle-Holly Deck Nczomigq: 11, i Fp(5. 0; Hal;JU3 Ibhm a Local Lm -s, fume 13. 200,.7 (1/:3.5.9 d1) to a survey monument; ( 5 ) North 480 45 ' 46 " East a distance of 125 . 25 feet to the southwesterly line of West King Road to the point or place of beginning . The foregoing descriptions are in accordance with a Site Plan entitled " Project: Holly Creek Subdivision" prepared by Gary L. Wood , P . E . signed by Michael J . Reagan , of Reagan Land Surveying , drawing dated March 14 , 2003 , prepare for developer David C . Auble , a copy of which Site Plan is on filed in the Town of Ithaca Planning Department . The premises intended to be Business C and described in Schedule A-3 are shown as Lot 8 on said Site Plan , the premises intended to be Multiple Residence are shown as Lots 6 and 7 on said Site Plan ; and the parcels intended to be Residence Districts R-30 are shown as Lots 1 , 29 31 41 5 , a portion of Lot 6 on the west side of Holly Creek Lane , a portion of Lot 7 on the west side of Holly Creek Lane , and all of Holly Creek Lane as shown on said Site Plan . (i (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1 . (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ 1_ _ _ _ _ _ _ _ _ _ _ _ __ of 2003 of the ( T"B .t �(.Gi yL)(Town) (�+}F ) of - - - - - - - _ _ _ t_ _ aea _ was duly t 0. the Town Bo rd June 9 0-3- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - y passed - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ _ , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the (County)(City )(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 _ _ - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on - - - - - - - - - - - - 20(ElectiveChiefEsecuRveOff�cer`) ' - ' - - - - , 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 of the ( County)(City )(Town) (Village) of - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repasse ter (Name of Legislative Body) disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20- - - - . Such local law (Elective Chief Executive Officer `) was submitted 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 (general)(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 - - - - - - - - - - - - - - - - - - - - - - 20- _ _ _ , and was (approved) (not a (Name of Legislative Body) pproved)(repassed after disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - 20 - _ _ . Such local law was subject to (Elective Chief Executive Officer *) J permissive referendum and no valid petition requesting such referendum was filed as of _ _ - - - - - - - - - - - - - - - -_ 20- _ _ _ 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 cou 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 . 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 therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph- - - - -1 - - - - - - above . t 4 71;e;)rkf the County legislative body, City , Town or Village Clerk or officer designated by local legislative body i5cal) Date : t ! 1 ` � (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW Y9j20 K COUNTY OF -rE'— nom L!-`1S I, the undersigned, hereby certify that the foregoing loc4wn., he correct text and that all proper proceedings have been had or taken for the enactment of the local lao . Signature k / toe , ! � U t' 'V.. Title C-rty� of Town Date : ( 3 ) aun OZ B l at of as0!peww! 17a1Ie B lol I104s -xa .Io uot4senb ays puo 'I7e uo!Inq!Jlsid pun ' uopoJ4s! 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I O /M X9'01 I LO E�l m �sl 54 F a '/ -Z ' ! s led / I of ' o �I a I / � • I 1 G . ` Aar x rrvw — . - x .wac +ex ' - 94 . g A .6a=.fe x I yw I I tie I I� Attachment # 11 TB Meeting 6 / 9 / 03 AMENDMENT TO AMENDED , SUPPLEMENTAL, RESTATED, AND CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AND OPERATION OF AN INTER-MUNICIPAL, WATER SUPPLY AND TRANSMISSION SYSTEM THIS AGREEMENT of municipal cooperation is made as of this day of , 2003 , between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County , New York, on its own behalf and on behalf of the water districts located within the Town of Dryden and set forth on Schedule A hereto (hereinafter referred to as " Dryden " ) , the TOWN BOARD OF THE TOWN OF ITHACA , Tompkins County , New York, on its own behalf and on behalf of the Townwide water benefitted area of the Town of Ithaca (hereinafter referred to as " Ithaca " ) , the TOWN BOARD OF THE TOWN OF LANSING , Tompkins County , New York, on its own behalf and on behalf of the water districts located within the Town of Lansing and set forth on Schedule A hereto (hereinafter referred to as " Lansing Town " ) , the VILLAGE OF LANSING, Tompkins County , New York (hereinafter referred to as " Lansing Village " ) , and the VILLAGE OF CAYUGA HEIGHTS , Tompkins County , New York (hereinafter referred to as " Cayuga Heights " ) , all of the parties hereto sometimes collectively or individually referred to hereinafter "Municipalities " or " Municipality " . WITNESSETH : WHEREAS , Dryden (then acting on its own behalf and on behalf of Dryden Water District 1 ) , Ithaca, Lansing Town (then acting on its own behalf and on behalf of McKinney 's Water District) , Lansing Village and Cayuga Heights executed an Amended, Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for Constriction , Financing and Operation of an Inter-Municipal Water Supply and Transmission System as of June 5 , 1979 ; and WHEREAS , said agreement has been amended and supplemented on several occasions since its execution (the original agreement, the amended and restated agreement, and all amendments thereto hereinafter being collectively referred to as the " Intermunicipal Agreement" ) ; and WHEREAS , it has been brought to the attention of the Municipalities that certain provisions of the Intermunicipal Agreement pertaining to voting by the governing body need to be amended to conform to current New York law ; and WHEREAS , the parties wish to acknowledge the possibility of sales of water from the Bolton Point System to other non-member municipalities , and WHEREAS , since the execution of the Amended Agreement in 1979 there have been formed a number of water districts in the Towns of Dryden and Lansing ; and WHEREAS , the Intermunicipal Agreement as executed as of June 5 , 1979 , provided in paragraph 17 that additional water districts may become parties to the agreement and may have water supplied to them upon execution of a supplemental agreement including said water districts ; and WHEREAS , the parties wish to fulfill the requirements of such paragraph 17 and ratify the authorization to provide water to such water districts ; and WHEREAS , Dryden and Lansing Town wish to incorporate said districts into the service area of the water treatment plant and transmission facilities that are governed by the Commission ; and WHEREAS , the parties wish to make for a more simplified manner by which future water districts in Dryden and Lansing Town may be included with the service area and made subject to the requirements and obligations that accompany inclusion in said service area; and WHEREAS , there are in existence certain arrangements with the City of Ithaca and Cornell University for the provision of emergency supplies of water to and from the Commission ' s facilities ; and WHEREAS , the parties wish to confirm these arrangements and to clarify the authorization to provide emergency water supplies to the City and Cornell University ; NOW, THEREFORE, in consideration of the premises , the parties agree as follows : 1 . There is added to the Agreement after the last "WHEREAS " paragraph immediately before the paragraph beginning "NOW THEREFORE" the following additional "WHEREAS " paragraphs : "WHEREAS , it is the expectation that from time to tinge the Municipalities and the Southern Cayuga Lake Intermunicipal Water Commission as created by the Intermunicipal Agreement (hereinafter referred to as the "Commission") may be approached by non-member municipalities requesting that the Commission consider providing such requestor with a supply of water from the Bolton Point Municipal Water System (hereinafter "BPMWS ") , and WHEREAS , the Municipalities and the Commission would be receptive to such applications provided that at the time there was sufficient capacity of the BPMWS to provide water to such applicant without jeopardizing the supply of water to the Municipalities , and provided that an amendatory agreement for the provision of water to such applicant is executed between the Municipalities specifically authorizing the provision of water to such applicant upon terms mutually satisfactory - to the Municipalities , the Commission , the applicant , and any member Municipality through whose water mains water would flow to provide water to such applicant ," 2 . Section 1 of the Intermunicipal Agreement entitled "Creation of Commission" is amended by deleting the sixth sentence of the opening paragraph of such section and inserting instead the following : "Except as otherwise provided herein , by law , or by regulation of the Commission , the votes of a majority of the entire membership of the Commission shall be necessary for any affirmative action of the Commission . " 3 . The parties hereby ratify the actions of the Commission in including all of the water districts set forth on Schedule A as part of the service area to which water may be supplied by the facilities over which the Commission has responsibility , such ratification to be effective with respect to each such district on the date water was first supplied by the Commission 's facilities to such district. 4 . Dryden and Lansing Town , in their respective capacities as governing boards of, and , on behalf of each of said water districts , hereby agree that each of the districts they represent will pay the proportionate share of the cost of operation and maintenance and principal and interest allocable to each of said water districts calculated by the formulae set forth on Schedule A entitled "Financing and Debt Allocation for Projects I and 11 " annexed to the Intermunicipal Agreement as executed as of June 5 , 1979 , as the same may have been amended from time to time and hereby ratify and confirm and agree to the collection of said water charges in accordance with such formulae commencing from the date water was first supplied to each of such districts . 5 . Each of said water districts agrees to be bound by all of the terms and conditions of the Intermunicipal Agreement as if each such district were an original signatory to the Intermunicipal Agreement, and further agrees to be bound by all of the rules , regulations , local laws , plumbing codes and other similar rules , regulations and laws in effect from time to time governing the supplying of water by the Commission 's facilities and governing the supplying of water within the area served by the Commission . 6 . Each of such new districts agrees to pay the connection charges required by Section 18 of the Intermunicipal Agreement. 7 . Paragraph 17 of the Intermunicipal Agreement , as amended , is hereby further amended to read as follows : " 17 . Future Water Districts in Dryden and Lansing Town . The parties agree that should new water districts be formed within the municipal boundaries of Dryden and Lansing Town, or should a district be enlarged or extended, and should such new or extended district elect, water may be supplied to such districts from or through Projects I and 11 provided that the Commission has available water supply capacity to serve such districts , and provided, however, that said districts execute a document in form satisfactory to the Commission and counsel to the Commission pursuant to which such district (a) describes the area of the district or extension to be served ; (b) agrees to pay (as part of the overall collections by Dryden or Lansing Town or directly to the Commission) its proportionate share of the costs of operation and maintenance and principal and interest in accordance with the formulae or other direction as then in effect with respect to all of the member municipalities of the Commission ; and (c) agrees to be bound by all of the rules , regulations , local laws , plumbing codes and other similar rules , regulations , and laws in effect at the time governing the supplying of water by the Commission 's facilities and governing the supply of water within the area served by the Commission . A copy of such certificate indicating the name and the town in which such water district is located, signed by the Chairperson , President or other Chief Officer of the district 's governing entity , shall be delivered to the Chairperson of the Commission with copies to the Town and/or Village Clerks of each of the five member Municipalities . The Chairperson of the Commission shall submit the certificate to the next regularly scheduled meeting of the Commission at which , if the Commission has adequate water supply capacity , the Commission shall vote on supplying water to such district . If approved, the date of such approval (or such later date as may be agreed to by the district and the Commission) shall be the date on which the new district shall be considered to be covered by the Intermunicipal Agreement . From such date on , the district shall be subject to the Intermunicipal Agreement terms and subject to the rules , regulations and laws governing the Commission and the supplying of water by the Commission . " 8 . Paragraph 16 of the Intermunicipal Agreement is amended to read as follows : 16 . Additional Parties and Provision of Emergency Water. The parties are aware of the desires of other entities , including the City of Ithaca and Cornell University , to provide for an alternate source of water and of the possible interest of the other entities to become a part of Project I and Project 11. Should the City of Ithaca, Cornell University , or any other entity , evidence in a formal manner interest in becoming a party to this agreement, the parties hereto agree to consider such interest and possibly include such entity as a party to this agreement if all of the parties , including the existing parties to this agreement and the entity seeking to become a party , are able to reach agreement on a basis for such entity to become a party hereto . Such consideration may include, but is not limited to , an appropriate share payable by such entity for the costs of construction , operation, maintenance, and financing , whether previously or presently incurred, the legality of entering into an agreement with such entity , and the impact the inclusion of such additional entity would have upon the ability of the Commission to act as a municipality , including the ability to issue bonds that are free from income taxation . The inclusion of such additional entity , if approved by all parties , shall be evidenced by the execution of a supplemental agreement modifying such provisions of this agreement as may be necessary to reflect the participation of such additional entity . Nothing herein is intended to exclude any other entity from becoming a participant in the water supply system , provided the member Municipalities all concur in such participation . Nothing herein is intended to preclude water being supplied to any other municipality or entity , such as the City of Ithaca or Cornell University , on an emergency basis upon terms and conditions ( including payment) as may be agreed upon between the receiving entity , the Commission , and any Municipality through which water may flow from the Commission facilities to the water lines of the receiving entity , provided that at such times the Commission has adequate capacity to provide such water. Further, nothing herein is intended to preclude the exchange of water services in relatively small areas as is presently (January 1 , 2003) occurring between the City , the Commission , Cornell University , and Ithaca. e IN WITNESS WHEREOF, the parties have executed this amendatory agreement as of the day and year above written . TOWN BOARD OF THE 'GOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF THE WATER DISTRICTS IN THE TOWN OF DRYDEN SET FORTH ON SCHEDULE A ATTACHED TOWN BOARD OF THE TOWN OF ITHACA Sections of the current Agreement of Municipal Cooperation that would be affected by the Amendment to the Agreement approved by the Commission on May 8, 2003 1 . Creation of Commission . There is hereby created an executive body to be known as the "Southern Cayuga Lake Intermunicipal Water Commission" (hereinafter referred to as the "Commission') . Said Commission shall consist of ten members . Each party hereto shall appoint two members to the Commission . Of the members so appointed, at least one member from each of the parties shall be from the governing body of the appointing party . The members of the Commission shall serve at the pleasure of the appointing party. The Commission shall elect its own chairman , vice chairman , secretary and treasurer, provided, however, that the treasurer must be a fiscal officer of one of the municipalities that is a party to this agreement. A quorum shall consist of a majority of the appointed members of the Commission . Except as otherwise provided herein , by law , or by regulation of the Commission, the votes of a majority� f the members present at any meeting shall be necessary for any affirmative action of the Commission . The Commission, insofar as is permitted by law , shall have the following powers and duties : 16 . Additional Parties Hereto . The parties hereto are aware of the desire of the City of Ithaca to provide for an alternate source of water and of the possible interest of the City of Ithaca to become a part of Project I and Project U. Should the City of Ithaca evidence in a formal manner interest in becoming a party to this agreement, the parties hereto agree to consider such interest and to include the City of Ithaca as a party to this agreement upon the agreement of the City of Ithaca to share its proper cost of construction , land acquisition, rights of way, engineering and legal expenses , debt service , and operation and maintenance and other costs of the projects to be constructed in accordance herewith . Such addition of the City of Ithaca to this agreement may be evidence by the execution of a supplemental agreement modifying such provisions. of this agreement as may be necessary to reflect the participation of said City. Nothing herein is intended to exclude any other municipality from becoming a participant in the water supply system. 17 . Future Water Districts in Dryden and Lansing Town . The parties agree that should new water districts be formed within the Municipal boundaries of Dryden and Lansing Town, and should such new district elect , water may be supplied to such districts from or through Projects I and H provided, however, that said districts by supplement to this agreement agree to pay their proportionate share of the costs of operation and maintenance and principal and interest in the manner set forth in this agreement . The amount of such payments shall be agreed to by all parties to this agreement prior to the execution of such supplemental agreement . PORTION OF 021GINAL AGREEMENT OF MUNICI n COOPERATION , TO -BE AMENDED 2/17/77 . 3/ 191/777 . - 14 - 12//5/8 7 6/5/79 14 •. Further Documents . It is the purpose and intent of the parties hereto to make available an adequate supply of potable water to the aforesaid municipalities . To this end the parties hereto agree to cooperate fully in acting jointly by and through this agreement of municipal cooperation pursuant to Article 5G of the General. Municipal Law . To provide the necessary authority for the financing , construction and super- vision to accomplish such purposes , the parties hereto pledge themselves and agree amongst themselves to amend or supplement this agreement in the future in any way desirable to provide additional authority which may be deemed necessary to adequately and properly create , construct , maintain and ' operate the said projects . 1 15 . Illegality of Part . In the event that there shall be a final adjudication that any provision or provisions of this agreement is , are or shall be invalid , illegal or contrary to public policy , such adjudication shall not affect any of the other provisions of this agreement , and such other provisions shall continue in full force and effect . 16 . Additional Parties Hereto . The parties hereto are aware of the desire of the City of Ithaca to provide for an alternate source of water and of the possible interest of the City of Ithaca to becoze a part of Project I and Project II . Should the City of Ithaca evidence in a formal manner interest in becoming a party to this agreement , the parties hereto agree to consider such interest and to include the City of Ithaca as a party to this agreement upon the agreement of the City of Ithacz to share its proper cost of construction , land acquisition , rights of way , engineering and legal expenses , debt service , and opera 58 tion and maintenance and other costs of the projects to be con - structed in accordance herewith . Such addition of the City of 1 2/ 17/77 3///11/7777 - 15- 123578 6/5/79 Ithaca to this agreement may be evidenced by the execution of a supplemental agreement modifying such provisions of this agreement as may be necessary to reflect the participation of said City . Nothing herein is intended to exclude any other municipality from becoming a participant in the water supply system . 17 . Future Water Districts in Dryden and Lansing Town . The parties agree that should new water districts be formed within the municipal boundaries of Dryden and- Lansing Town , and should such new district elect , water may be supplied to such districts from or through Projects I and II provided , however , that said districts by supplement to this agreement agree to pay their proportionate share of the costs of operation and maintenance and principal and interest in the manner set forth in this agreement . The amount of such payments shall be agreed to by all parties to this agreement prior to the execution of such supplemental agreement . 18 _ Connection Charges . It is anticipated that extensions to existing water mains outside of existing water districts may be made which will benefit additional property owners , water districts may be enlarged , and/or new water districts may be created after the completion of Projects I and II . The parties hereto agree to pay to the Commission for each unit served by such extended water main or enlarged water district or new water district , in addition to all other charges , taxes and assessments , a connection charge to be payable to the Commission at the time of connection of each property owner and to be computed as follows : ( a ) If such connection occurs before January 1 , 1978 S „AdVEY EVS AT L-^W there shall be no charge . .MK eurtDno M YORK I � e)O ? tom a.'V. K- a F'- 7G ., 3 d °.#. 1_ I T x_P Y-f 3_.a y .r z E .Tr" ��a $�. �_G t V ter• , ,_� � 14t. �j i. , ;� R. ; AGIF t .,'. (' i � ba � •• M rah • l .. s X11 . . V f T n ♦ „ � y Tan jvml s r ._ . :! . ^. L� tiF �' * .: :} s , a 0 . ain cJ c : � rl ._ _ •.l. . d .. � . .. i+IV ,1 '� is .. qN + nn k 1 i• i _ - .. _ , , s , . I �, q � _ r , ,1 r � li . t 'tt _ . ^ q .n; . .tL ✓ a - 4 :.. ' . ,1 7 . 5 �1 r( 7 T ' rt : iC - IC r1 ! it!r _. .. 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(.,' F P 1`4 :.t f 1 r �i It CARRIE WHITMORE 1� I1 , Notary Public, State of New York ` - No . 01 WH6052877 Tioga County 1 `> Commission Expires December 26 t11.-)nth Reported : JUNE . 2003 County : `>`OMr'KINS Code : 50 ITHACA Code : 06 DVk.7 ;� 10ENSE MONTHLY REP RT TEF-ANN PM NITER TOWN CLEIRY Prepare JULY It 2003 1 . Original ID Dog License Ntuwl ers Used Quantity Used Totals No . 4 1 8 5 3 5 5 to 4 J. 8 5 j b 6 % inc --- - Line 1 1L 2 , Ori-ginal P' irebread License t ugk:e?"s Use(i No , _ 0 Line J2 0 3 Renewvml5 and `.'ransfer to New Owner License Numbers Ursed Line 3 60 Total of lines 1 , 2 , and 3 Line _ 73 Coluu;}n A Column E C'olu in C Column F l.. ICE?�SE TyPE� MiD HFES COLLECTED # of ea . Statutor Fees Local, Fees Uns pay/Unneut P; . 77SpayeC and( y�Neutyye� ryey}d ryDogs ( � 6a t 50 s ` ! = o _ 414400 f1 T No F(e(b� r , 41� } �,}.=Ye{J_ ap'.I �inne11Le ed Doggy: L, � fJ 'i A� 1.. 15 . L.3J vF . 0 :1 �. � 12__0 � C4 '� w 00 - xemrt - Seei_na Fye , War Police '? N'c _-Fee _�?( �ee No Fee Void Validation Sti.".Xer.. - No Fee id� Fee No Fee PurehreNd Lic4ense ' '�- 10 dogs ) 1 ea 25 . 00 1 ; 5 , . ea 15 , 00 * - n y . 7 .. 0 . 00 ?urebred License ( 11 -2.' 5 dogs ) ( $ r 6 / e7 a 4 . " J v 0 . 00 � :, (0 0 0 ._ �Purebred License L �+ t ti � 0 . _`; ? O . 00 0 . 00 12 . Void a rebrel License s --ul l No _ Fee No r ee. No Fee . TOTALS ' - . 50 441000 6400 'RBPLAC'FM,F,N9' A;ITD PUTPEBRED TA(' ORDERS Colurrin D Column E 14 , Replacement aq%� 4 0 . 00 15 . :ii_,r?hr ad Tacr=. 0 1 . 0} . ���C, TC)`iA LS ill 0 . Viz u . !O C L J .: IIe J i t J I - 1 'J 'J V l •i +) T _. r C V q (� _l.• _ � 4 -' 1 0 2 ' _ ilk i �� (1 ^ n � ^ ( 1 . (7 T1 09 t8r7 553% 63 2j: TOTAL - -, , _ , ( , - . . p,,il ,. ;lC! • ° � � :ai * 'G . rat 41 TOWN OF ITHACA Highway Department May Town Board Report for June 9, 2003 Meeting Public Works Facility Trees were planted to improve screening on the front lawn . Perennials and shrub plantings were started in the front planter box . Grading for the driveway and parking lot in preparation for paving was done . Soon, we will start planning for an open house at the facility . Roads Compton Road : Ditching and driveway culverts were replaced on Compton Road prior to the Bomag operation being done in late May . Whitetail Drive : The ditches on this road were cleared out prior to the Bomag operation . All the catch basins on Whitetail Drive and Marcy Court are being rebuilt . We will be grinding off the surface of the pavement prior to repaving . New domed grates were installed on catch basins on Park Lane ' s storm sewers to help prevent debris from clogging the grates which causes wash outs on the shoulders . Numerous signs were installed . Stone was hauled in for stockpiles . The road-crossing pipe on Muriel Street was replaced . Ditches were improved and. several driveway culverts were replaced as part of this project to improve drainage at that site . The landscaping was seeded and restored . Several catch basins and drainpipes were installed at the cul-de-sac on Fairway Drive to remedy a drainage problem that existed . Roadside mowing was started in the middle of May . Storm Water Management : Several lawns along Winthrop Drive were repaired and reseeded, due to the underground drainage put in last year, following complaints from those residents . i Underground piping on Indian Creek Road was finished, along with seeding and mulching . Parks and Trails The baseball backstop at Coddington Road playfield was finished . South Hill Trail was mowed and prepared for the annual 5 & 10 K race held May 24, 2003 . An unusually good growing condition, combined with lots of rain, has temporarily put us behind on lawn mowing at parks and trails . Water and Sewer A water service at 1060 Danby Road was repaired, and a water main break at the entrance to the Buttermilk Falls State Parks was repaired . The Highway Department's staff continues to monitor the construction at the Trumansburg Road water and sewer project. ghk G ' Fle zE�t "��Iiew �;� Fa�ori"es�F ,Td�s Help .� X, N. . . . . t ; nSJ'asJ'., { vn� at< Network/Record Specialist Report to Town Board June 9 , 2003 i ApI & M%f Wab Ste l Aas MATOnay 2000 x� '<.. P .z• .€s ' >i % _yam �-�'� L 5 K "`d5} f ;sj,' .. ,� . T x a•�. - t kE v N 1500 4 La *r� ib ^i "41] ' iL6L K°'f '•.SF I . ?.S YU56f rt ' `$t. k'_e '1F � ski Tsyv``" Fq s .g .�a£a'y "z k?� L¢'4cJ'j•] }'x. �y + ON IIInS + L d! ? -3- �t , ++FI. , Fry �S Y'FSf .i+'Y4Y "L1° 3.,A••Ra .� 1lS b5 � 1;3 � f X + �awxF"•s '+ ' 'i`' n''": u`3.. arni Cll/l a •.-^_..;.:sa W1. 4;-Z; t 'ag Hme G - • V 4 Y I W V I I Y V 1 1 L W o 1 V M , , 1 Y1 Yry We Forms Page has been reformatted based on suggestions from staff and web site survey responses . ® New Public Work Facility page is being revamped to show "Before, During, and After" photos of the building' s construction. Although the number of visitors to the site is down for the year, there has been an increase in the number of visitors using the On-line Feedback and Website Interest Forms . Network Security patches and operating system service packs have been applied to all Town Hall PCs to protect client machines from security vulnerabilities . These updates are a primer for the Window 2000 conversion project set to be underway this summer. Additional Items SDG Database Project Assigned as Project Coordinator for the Systems Development Group ( SDG) database project. Contract documents have been signed by Town and SDG to begin database project. Assisted Town Clerk in creating the presentation of the Town Clerk Database given at the June 3rd New York Association of Local Government Records Officers ' 2003 Records and Information Management School in Corning, NY . Ddo loadng p ure http 11ww�i toa�rilthaca ny usl�rJemredl66h6c'tus htm 600 twc ithaca0101 gib , :' . j } f Internet 4 � Star't � fi r© Caehemankx Inbox 'Muos�t Outlook -]Town of {thaca �icr . ;854 ; ru ,. : . . . ,. . . . fly OF 1p ° a TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 4, , W 04 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for June 9 , 2003 Town Board Meeting DEVELOPMENT REVIEW May 6 , 2003 Meeting : Cornell Golf Course Garage/Storage Building, Warren Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed garage/storage building at the Robert Trent Jones Golf Course , located on Warren Road, Town of Ithaca Tax Parcel No . 68 - 1 -9 , Residence District R-30 . The project involves removing the existing 2 ,900 +/- square foot garage/storage building and replacing it with a new 3 ,040 +/- square foot building in the same location. The new building will continue to be used for the storage of 40 golf carts, the players clubs, the golf team clubs, general storage for the Pro Shop , and general golf course storage. Cornell University, Owner/Applicant; Steven G . Wright, Agent. Holly Creek Subdivision, Rezoning and Related Site Development. West King Road and Danby Road : The Planning Board considered Preliminary Subdivision Approval, Preliminary Site Plan Approval, and a recommendation to the Town Board regarding the Zoning Change for the proposed 8-lot subdivision and associated development located at the intersection of West King Road and Danby Road, Town of Ithaca Tax Parcel No. ' s 37- 1 - 17 . 1 and 37- 1 - 18 , Multiple Residence and Business Districts "C" and "D" . The proposal is to subdivide the 15 +/- acre parcel into 5 lots for single-family residences (to be zoned R-30 Residence) , two lots totaling 4 . 63 +/- acres for 20 apartment units in four buildings (to be zoned Multiple Residence), and reserve the remaining 5 . 01 +/- acre lot along Danby Road for future commercial development (to be zoned Business "C" in its entirety) . David C . Auble , Owner/Applicant; Gary L . Wood, P . E . and Brian M . Klumpp , L . S . , Agents . The Planning Board issued a Negative Declaration of Environmental Significance , held the public hearing on the proposal , and tabled their decision on the proposal until the May 20 , 2003 meeting . May 20 , 2003 Meeting : Montessori Middle School Building Addition, 117 East King Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed locker room addition at the Elizabeth Ann Clune Montessori School located at 117 East King Road, Town of Ithaca Tax Parcel No . 43 -2 - 7 , Residence District R- 15 . The project involves a 285 +/- square foot locker room addition on the northwest corner of the building. Elizabeth Ann Clune Montessori School, Lisa Smith, Owner/Applicant ; Ernie Bayles, Architect, Agent. ararirng zrec gs l � xar ; Summerhill Apartments Phase 2 Site Modifications Regarding Stormwater Management, Summerhill Lane : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications to the approved site plan for Summerhill Apartments Phase 2 , located on Summerhill Lane, Town of Ithaca Tax Parcel No . ' s 62 -2- 1 . 127 and 62-2- 1 . 122 , Multiple Residence District . The proposed modifications include converting back to the original site plan for the storm water facilities by removing areas recently filled along the eastern edge of the property and the excavation of sediment from the main retention basin. The proposal also includes construction of a new elevated wooden boardwalk for pedestrians on the eastern edge of the site . Ivar & Janet Jonson, Owners/Applicants ; Timothy C . Buhl, P . E . , Agent. Sketch Plan for 5-Lot Wiedmaier Subdivision, Burns Road and Slaterville Road : The Planning Board reviewed a Sketch Plan for the proposed five-lot subdivision located at the intersection of Burns Road and Slaterville Road, Town of Ithaca Tax Parcel No. 56-4- 1 . 22, Residence District R- 15 and Conservation District. The proposal includes subdividing the 16 . 7 +/- acre parcel into four residential lots located primarily within the R- 15 District and one 12 . 3 +/- acre residential lot located within the Conservation District. All five lots will be accessed by one common drive fronting on Slaterville Road. Clare George Wiedmaier, Owner/Applicant; Brian M . Klumpp , L . S . Holly Creek Subdivision, Rezoning and Related Site Development. West King Road and Danby Road : The Planning Board continued discussion from the May 6 , 2003 meeting (see above) regarding the proposed Holly Creek development and granted Preliminary Subdivision Approval , Preliminary Site Plan Approval , and issued an affirmative recommendation to the Town Board regarding the Zoning Change for the proposed 8 -lot subdivision and associated development located at the intersection of West King Road and Danby Road, Town of Ithaca Tax Parcel No . ' s 37- 1 - 17 . 1 and 37 - 1 - 18 , Multiple Residence and Business Districts "C" and CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following are accomplishments or issues that have been dealt with over the past month. SEQR Reviews for Zoning Board : Two new SEQR reviews for the Zoning Board were done since the May report : ( 1 ) modification of a previously granted variance to permit retail sales to walk- in customers from a commercial building, located at 614 Elmira Road, Light Industrial District, David Hall , Appellant; and (2) authorization to construct a two-story garage with storage area on a non-conforming building lot also requiring height and setback variances, located at 909 Taughannock Boulevard, Residence District R- 15 , Bonnie Mathers , Appellant. Codes and Ordinances Committee : The Committee met on May 29 , 2003 to discuss a request to rezone a property on Mecklenburg Road from R- 30/Proposed LDR to the new, proposed Agricultural Zone (this was referred to the Committee by the Town Board for consideration as part of the proposed Zoning Revisions) and to discuss the progress draft of the Generic Environmental Impact Statement (EIS) regarding the proposed Zoning Revisions . A special meeting is scheduled for Tuesday, June 10 , 2003 to continue discussion of the progress draft of 2 the EIS regarding the proposed Zoning Revisions. The next regular meeting is scheduled for Wednesday, June 18 , 2003 . Transportation Committee : The Committee met on May 15 , 2003 to discuss the status of the special patrolling by the County Sheriff and State Police , a draft sidewalk policy, potentially hazardous intersections in the Town, an update on the proposed Caldwell Road project, and a review of sample survey questions for a possible residents survey for the Transportation Plan. The next Committee meeting is scheduled for Wednesday, June 18 , 2003 . Conservation Board: The Board met on May 1 , 2003 . Agenda items included an update on the viewshed study (that appears to be getting back on track) , discussion of a possible new annual award recognizing outstanding work in environmental preservation to be named after Richard Fischer (recently retired from the Conservation Board) , and a discussion regarding possible wetland regulations for the Town. The next meeting of the Conservation Board is scheduled for Thursday, June 5 , 2003 . Municipal Officials Association Planning Coalition : The Planning Coalition met on May 28 , 2003 to discuss municipal open space inventories and open space plans . Presentations were given by the Town of Dryden, which has just drafted their open space inventory, and the Town of Ithaca, which has adopted an open space inventory and open space plan. The next meeting is scheduled for Wednesday, June 25 , 2003 , at which the proposed topics will be follow-up discussion with the County Planning Department regarding General Municipal Law referral procedures (see next item below) and a presentation of the Town of Danby ' s recently completed Comprehensive Plan update . General Municipal Law - Proposal by Tompkins County Planning Department to exclude certain local zoning and planning actions from County review pursuant to the requirements of General Municipal Law Sections 239 —1 , -m, and —n: The County Planning Department has proposed some changes in their review of municipal planning and zoning actions under Section 239 of the General Municipal Law (GML) . A recent amendment to GML allows counties and their municipalities to enter into agreements to exclude certain actions from the mandatory referral process that would be pre-determined to have no negative inter-community or county-wide impacts . At the April 30`h meeting of the MOA Planning Coalition, the County Planning Commissioner distributed a proposed draft of an inter-governmental agreement that would exclude listed actions from County review . These would be actions such as lot frontage, width, depth or setback variances , approvals of accessory uses or home occupations , residential subdivisions under 5 lots , etc . , and requested that municipal members take the proposal back to their municipalities for feedback . A copy of the draft agreement is attached to this report. Perhaps Town Board members could review the draft agreement, and provide comments at the June 91h Town Board meeting. Capital Projects and Fiscal Planning Committee : The next meeting is scheduled for Thursday, June 12th, 2003 at 3 : 00 p . m. to finalize recommendations to the Town Board for the 2004 — 2008 capital program. 3 � l �ttzIQntz 1 tbi S Fo ` WpIl Lake Source Cooling Monitoring : The Data Sharing Group met on May 22 , 2003 to discuss the 2002 Annual Report regarding Lake Source Cooling data and analysis . Mary Russell, Deputy Supervisor, and Paul Werthman, Benchmark Environmental Engineering & Science , attended. ITCTC Planning and Policy Committees : The Ithaca-Tompkins County Transportation Council Planning and Policy Committees met on May 20 , 2003 . Agenda items included review and approval of updated public involvement procedures for ITCTC , review and approval of the 2003 — 06 TIP Update (which will only consist of minor adjustments through 2006 and will not include 2007/08 , and a discussion on the Long Range Plan update rocess . There will be a joint meeting of the ITCTC Planning and Policy Committees on June 17'. , 2003 . Walkable Communities Workshop : Planning staff attended a workshop regarding walkable communities on May 12 , 2003 . Subjects included elements of successful pedestrian facility design, safety, education, and enforcement . It also included a walking audit of downtown Ithaca. Materials are available in the Planning Department for review (contact Susan Ritter) . Inter-municipal Sewer Group — EIS : Planning staff has attended several of the recent meetings of the Inter-municipal Sewer Group at which the Environmental Impact Statement (EIS) has been on the agenda. The EIS has finally been completed by the consultant (with much oversight and prodding by Susan Brock, attorney for the Group) , and the draft EIS has been submitted to the NYS Dept. of Environmental Conservation (DEC) for consideration of acceptance . Once accepted as complete, the EIS will be circulated for public comment, and a public hearing will be scheduled by DEC . Summer Intern : Nicole Tedesco, hired as a Planning Intern for the summer, has started working on transportation planning projects . 2000 Census — Student Population Breakdown : The County Planning Department has indicated that data is available from the U . S . Census Bureau with breakdowns of student population by municipality and block groups . There is a cost for this data, and the County is contacting several municipalities and organizations to find out if there is an interest in contributing to this cost. The County would assemble the data at no additional cost for those municipalities participating. We will wait to hear back from the County on estimated costs for obtaining this data. Agricultural Land Preservation Committee : The Committee is scheduled to meet on Tuesday, June 10 , 2003 at 9 : 30 a.m . to review the Ferguson easement process (to see if there may be any adjustments needed in the process for future acquisitions), and to discuss a potential easement acquisition on a property on Mecklenburg Road. All -Hazard Mitigation Planning Group : Planning staff attended a meeting of the All-Hazard Mitigation Planning Group on May 29 , 2003 . The County Planning Department is coordinating this group effort to prepare a county-wide hazard mitigation plan. The anticipated federal grant that has been applied for is down to $ 30 ,000 , and the anticipated municipal cash contributions have increased (the Town of Ithaca ' s cash share is now estimated at $ 9,994) . A draft memorandum of understanding is being circulated to participating municipalities for review . 4 DRAFT (April 2003 ) Inter-governmental Agreement Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law I . This agreement is made this day of , 2003 between the Tompkins County Planning Department and the (town/village/city) of A . Authori ty and Purpose of State Law The authority for county planning agency review of certain local planning and zoning actions is provided in Article 12-A, Section 239 (1 , m & n) of New York State General Municipal Law (GML) . The purpose as stated in law is "to bring pertinent inter-community and county-wide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction . " B . Current Practice in Tompkins County The Tompkins County Charter gives responsibility for the implementation of this county review to the Commissioner of Planning. All matters identified in GML Section 2 ') 9 (m & n) are currently subject to review. C . Authority for Inter-governmental Agreement GML Section 239 (m) specifically authorizes the county planning agency to "enter into an agreement with the referring body or other duly authorized body of a city, town or village to provide that certain proposed actions set forth in this subdivision are of local, rather than inter-community or county-wide concern, and are not subject to referral under this section . " GML Section 239 (n) authorizes the same agreement with respect to subdivision plats . II . Items to be Excluded from Review Pursuant to the authority cited herein the parties to this agreement do hereby agree that the following items are of local , rather than inter-community or county-wide, concern and are not subject to referral to the Tompkins County Planning Department under New York State General Municipal Law Article 12 -A Section 239 ( 1 , in & n) : A . Lot frontage, width or depth variances for residential uses , B . Lot area variances for additions to residential uses on existing non-conforming lots ; C . Special Permits or Site Plan Reviews for allowed accessory uses and home occupations on residential lots ; D . Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements , and do not involve new local roads or streets accessing a State or county road ; E . Yard setback variances not abutting County or State property, a State or County road right of way, or a municipal boundary; F . Site Plan Reviews or Special Permits for change of commercial use in an existing building not involving any change in building footprint and with no change in vehicular access on a State or County highway; G . Sign variances exceeding local standards by 20% or less . III. Execution, Termination and Modification A. The undersigned parties attest that they have the authority to enter into this agreement . This agreement shall become effective upon execution by both parties . B . The agreement shall remain in effect unless terminated by 60 days advance written notice by either party. Such notice shall be by certified mail to the Tompkins County Commissioner of Planning or the authorized local municipal official , as appropriate . C . The agreement may be modified by mutual agreement of the parties hereto . By: Tompkins County Commissioner of Planning Date Date (Authorized Official) TownNillage/City of 2003 TAX COLLECTION RECEIVER OF TAXES MONTHLY REPORT AS OF MAY 319 2003 TOTAL NO. OF TAX BILLS ON WARRANT : 5115 TOTAL TOWN WARRANT (LEVY) . $ 49049,790.61 01 /21 /03 IT PAYMENT : TOWN OF ITHACA SUPERVISOR $ 21400,000 . 00 01 /27/03 2ND PAYMENT : TOWN OF ITHACA SUPERVISOR $ 17000.000 .00 01/29/03 FINAL PAYMENT : TOWN OF ITHACA SUPERVISOR $ 649 ,790 . 61 TOTAL WARRANT BALANCE DUE . $ 0.0000 MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: 01 /31 /03 JANUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 786 . 27 02/28/03 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN JUNE) $ 11861 . 92 03/31 /03 MARCH PENALTIES (PAID TO SUPERVISOR IN JUNE) $ 19627 . 25 04/30/03 APRIL PENALTIES AND $2 .00 SERVICE CHARGES (PAID TO SUPERVISOR IN JUNE) $ 31959 . 21 05/31 /03 MAY PENALTIES AND $2 . 00 SERVICE CHARGES (PAID TO SUPERVISOR IN JUNE) $ 21422 . 31 TAL TOMPKINS COUNTY WARRANT . $ 574139896.34 1/ 13/03 1ST PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 41000 ,000 . 00 03/03/03 2ND PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 100,000 . 00 04/01 /03 3RD PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 115 ,000 . 00 05/01 /03 4' PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 90 .000 .00 06/02/03 5TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 1007000 . 00 01 /01 /03 6' PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 07000 .000 .00 BALANCE DUE TOMPKINS COUNTY WARRANT . $ 1 ,008189634 MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE: 02/28/03 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 874 .41 03/31 /03 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 24 . 88 04/30/03 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 26 . 07 05/31 /03 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 23 . 24 2 NONE � ® (� W U C0 V o (D N co n Q C3 H oc v) w w T. 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Wa z wwQ U) Zzvu~ic~c = UJ ~ Q a J >a >0 >0 >0 >N >M U LL co) Q aaQZ zzzzzz UOwOw Q can °zLL 000000 HY ❑ 0H = U r N W U U U U U U j M V U) Q aaa � a yw _ » > z Z z z z Z U 0 W J z ~ H LLO z z z OnILaaananab z ❑� � m � z 000 000000 aJVU � � Q Z Z � Q O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 00cccz0z E-- Man n. aaan. aa FE � LL NQ � Town Engineer 's Report for 6/9/03 Town Board Meeting GENERAL Records Management The Engineering Staff has been working with other departments and our student interns to set up the map filing system in the records storage areas. Map towers have been reconfigured and the new storage boxes have been set up for more efficient rolled storage of large documents. Approximately 80% of the maps and drawings have been filed in the new system. Student interns are continuing to transfer data from the paper record maps and field notes to accurately locate Town facilities on the Are View GIS . Approximately 80% of Town sewer mains have been mapped and mapping of approximately 75 % of Water mains has been completed to date. Park and Open Space Survey Work has been scheduled for the summer for the Saponi Meadows and Tutalo park sites. Public Works facility Construction is substantially complete and the Town Engineer has been providing technical support on construction inspection and contract administration . Pre-Disaster Hazard Mitigation Plan The Town has provided Hazard information to the Tompkins County Planning department for use in completion of the Mitigation Planning Grant Application. The application was submitted in April and a meeting for development of an RFP for a consultant to prepare the plan has been set for May 29. EARTH FILL PERMITS WATER PROJECTS Integrated Water System The Town Engineering staff is completing the Final design for a proposed transmission main and SCLIWC tank on Cornell University Hungerford Hill Road property, and has been in discussions with landowners for property acquisition . This project is being done in conjunction with the design of a South Hill Transmission line extension to provide water to the West Hill and Inlet Valley water service area. West Hill Water System The Contract for replacement of the watermain behind the Biggs complex and the Hospital , awarded to G . DeVincentis & Son Construction Co . , Inc . of Binghamton , Has been completed except for final restoration . Several alternatives for a new water storage tank have been reviewed , and the Town Engineer is recommending one of the sites on the EcoVillage property . The engineering report for the project is being completed and will be presented to the Board at the June meeting . Burns Road Water Main Extension The Burns Road water main site restoration work has been completed and the final payment requisition is included in the abstracts for approval at the June Town Board meeting. TOWN ENGINEERS REPORT 6/09/03 SEWER PROJECTS Intermunicipal Sewer System The Intermunicipal sewer Committee is continuing to work on the Draft Agreement for a regional sewage treatment solution . This agreement would allow the Town of Ithaca to Divert flow from the Northeast Area of the Town and from the Village of Cayuga Heights to the IAWWTF, freeing up capacity in the Village Treatment Plant. The agreement will include provisions for the Town of Ithaca to be compensated for use of its capacity diverted from the VCH plant generated by other users . Stearns and Wheler have developed the final Design of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility. The Contract Documents have been reviewed by DEC staff in Syracuse and have been forwarded with a an approval recommendation to Albany . A capital Project proposal and budget is being submitted to the board for consideration at the June 9, 2003 Town Board Meeting. West Hill Sewer System The Contract for replacement of the sewer main behind the Biggs complex and the Hospital is nearing completion . The Contractor has installed the sewer main pipe and is completing the connection of laterals to the new sewer main prior to abandoning the old pipe and manholes. Restoration of the work area should be completed in May. DEVELOPMENT REVIEW PRI Site work for the PRI Museum of the Earth is nearing completion with much of the area top soiled and seeded . 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 EcoVillage is nearing completion on the site work and buildings for the Second Residents ' Group . Sediment and erosion controls have been maintained adequately during construction. Final site work and landscaping will be completed as the Buildings are finished . COLLEGE CIRCLE College Circle Phase 3 Site construction is nearing completion with rough grading complete and finish grading underway . The Storm Water Management plan for the site is being inspected for compliance by the Engineering Staff. Excess soil is being removed from the site and site restoration is proceeding. BAKER INSTITUTE The Town Engineering staff has been monitoring drainage work and sediment and erosion control systems at the Baker institute expansion project which is nearing completion . LINDERMAN CREEK PHASE TWO Linderman Creek Phase Two is continuing . 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 with frequent inspection and reminders from the Engineering Staff. Town Engineer's Report June 9, 2003 Daniel R . Walker Page 2 6/3/03 Regular Meeting of the Ithaca Town Board Monday, June 9 , 2003 Human Resources Report for May Personnel Committee : See attached approved minutes from March ' s meeting . At the May meeting the committee continued the discussion regarding alternative employee sponsored insurance options by AFLAC . The group also discussed Long Term Care Insurance as I have met with a representative from MedAmerica and will be getting more information from him and other companies . The committee reviewed the Salary and Benefit survey that went out to over 25 other municipalities across the state . The results of the survey will be discussed at the July meeting . Safety Committee : The committee reviewed the accident report from April with no recommendation made for change in process or Personal Protective Equipment ( PPE . ) There was discussion about the June renewal of the workers ' compensation billing and the Town ' s experience modification . The committee also discussed PPE evaluation forms for jobs and that it would be better if that was listed on the work order completed by the Working Supervisor. The committee reviewed the need for first aid kits in vehicles and made a recommendation as to what vehicles need what type of first aid kits . The organization of how the Right to Know MSDS books was discussed . The outcome was that as Right to Know training is done there will be more emphasis put on how to look items up in the book . Personnel — Civil Service : This is a month when we have college interns and work study students leaving and new ones coming on for the summer. Nicole Tedesco , Planning Intern began in May . Two of the Engineering Work Study students will be staying on for the summer and one new one will begin in June as will the Project Assistant . Commercial Insurance : No new claims to report for May . Workers ' Compensation : I attended our workers ' compensation annual conference and meeting . As the representative for the Town I accepted the Special Achievement Award the Town won . As part of the conference I attended a session on Accident Scene Investigation and one on Road Rage . Disability Insurance : Cindy Vicedomini returned from her medical leave May 12th part time for one week and then the full time the following week . Carrie Whitmore gave birth to a Nash Whitmore on May 5th and will be out for 6-7 weeks on maternity leave . Submitted By : Judith C . Drake , PHR , Human Resources Manager FINAL FINAL FINAL , Town of Ithaca Personnel Committee Meeting March 18 , 2003 1 : 30pm Members Present : Supervisor Catherine Valentino ; Councilman Bill Lesser; Don Ten Kate , Working Supervisor; Larry Salmi , Heavy Equipment Operator; Dani Holford , Senior Typist Absent : Cindy Vicedomini , Court Clerk Support Staff: Judith C . Drake , Human Resources Manager Others Attending : Paul Tunison , SCLIWC Call to order: 1 : 35 p . m . Agenda Item #2 : Review of minutes of January 15 , 2003 meeting : Changes as requested by Larry Parlett (attached ) . Agenda Item #3 : Persons to be heard : None . Agenda Item #4 : Employee Assistance Program : Judy explained that she and Larry Parlett have emailed each other back and forth on this issue since he had some strong thoughts about the Family & Children ' s Service and was unable to attend this meeting . Judy stated that there were several discussions back and forth between herself, Larry Parlett and Karen Fritz ( Employee Assistance Program , Family & Children ' s Service ) . There was some concern on Larry' s part about F& C Service being an "arm " of Tompkins County DSS , Child and Adult Protective Services . Judy explained they are a mandatory reporter just like a teacher, daycare provider, etc . If they suspect child abuse there is a state toll free number they call and then the state calls the local DSS to investigate . It is Judy' s understanding that the child isn 't always immediately removed from the home , usually an evaluation is done . Unless , it is blatantly obvious that there has been abuse . Judy went on to explain that the County does contract with F&C Services for some state mandated programs ; Alternatives to Incarceration (for children who may be involved in drugs or other criminal activity) , Parent/Child Program ( psychological or developmental problem children ) , Children ' s Crisis Outreach (sever mental , overaggressive or suicidal ) and respite/elderly home health . 1 FINAL FINAL FINAL Judy thinks Larry feels a little more comfortable with the program , which is important because he will be the person recommending people at Bolton Point to EAP . It won 't work if he ' s not comfortable with the program . Judy pointed out that the EAP through F &C Service is utilized by Tompkins County, City of Ithaca , Cornell University and Borg Warner. Cathy Valentino added that these places probably would not continue contracting with F& C if there were problems . The cost of the Employee Assistance Program is $ 1 . 70/ mth per employee or: $ 1 , 060 . 80/year for the Town ( 52 employees ) , $387 . 60/year for Bolton Point ( 19 employees ) . Judy went on to explain that this program is completely confidential and the only information the Town will receive is how many hours used as a total so we can determine if this is a valued service . The only time the Town would receive any other information is if they feel the person is a danger to himself or herself or may enter the workplace with violent intentions . Dani Holford asked if Larry Parlett' s original misgivings had to do with Child Protective Services being involved through this program . Cathy stated that the concern was children being taken out of the parent' s custody , which would happen in a really violent situation . Judy feels that if this does happen then this is good for the child . She has a hard time seeing this as a bad thing . Paul Tunison agrees , but if we do go through with this , we owe it to the employees to let them know that this can happen . Judy explained that if we opt to do this they would request to have a meeting with the employees to go over the program . They would also want to meet with the supervisors because they also provide service to them if they are dealing with an issue with an employee . Bill Lesser suggested something along the following ; these are purely confidential services except under specific circumstances , such as , if there is reasonable belief a child is being abused , that they are mandated to report . Paul Tunison asked if the school districts use this service for counseling in the instance of a tragic death of a student . Judy responded that they do . Bill Lesser pointed out that this is also a great community service — not only in helping our employees — but also helping to maintain a service here . Judy explained that at this time F& C Service is not a Blue PPO provider but they expect to be by the middle of the year. Right now , if a person uses their 3 visits and need more , they are referred on to a participating provider. The Personnel Committee agrees to send a recommendation to the Town Board and Commission for approval to contract for these services . 2 FINAL FINAL FINAL Agenda Item #5 : AFLAC : A representative from AFLAC has contacted Judy with 3 plans they are offering . These are employee only plans — no participation by the Town . The plans require a minimum of 3 contracts per plan . The 3 plans are ; Personal Accident Expense Plan , Personal Lifestyle Protector Cancer Plan and Personal Short-Term Disability Income . Judy will put some basic information together to send out to the employees to see if there is any interest . Agenda #6 : Retirement Costs : Judy explained that all municipalities costs for NYS & LRS are skyrocketing . We had been paying around 1 or 2 percent of employee' s gross wages . Last year we paid around $35 , 000 . 00 , including Bolton Point. This year we will be paying around $232 , 000 . 00 ( in December) . It doesn 't sound like this will be an ongoing thing year after year. Cathy added that the State is thinking about averaging the payment out over a 5-year period , but a decision has not been made . Dani asked if all the retiree ' s were getting a big jump in pay. No . Judy' s understanding is that the retirement fund is quite well . Depending on whether the stock market is doing good or bad is factored into the percentage the employer has to pay . Cathy believes that the zero percent we had to pay for the last 3 years is gone . Don Ten Kate asked if they would start taking the 3 % again from the people who were able to stop paying after 10 years . Judy responded that it would take legislation to start that up again . Don added that in the past they just started a new tier. Cathy agreed that Tier 5 might be coming . Judy emphasized that people should not be concerned that the pension fund is going to go bankrupt , the system is still quite healthy . Cathy stated that the municipalities that have reasonably good fund balances (like the Town ) it will be tough , but we' ll get through it . The ones without fund balances are really going to be hard hit . Agenda #7 : Others : Judy Drake updated the committee on the distribution and presentation of the " Employee Handbook" . Town Hall has received their handbooks and a presentation . Highway will receive theirs when the locker room is complete , so they will have someplace to put them . When Highway employees receive their handbooks Judy will do a presentation for them . Paul Tunison added that Bolton Point is in the process of distributing their handbooks . There is an all hand staff meeting on April 2nd to review the handbook. Judy offered to do a Power Point Presentation for Bolton Point during their review meeting . 3 FINAL FINAL FINAL Judy stated that there were a couple of interesting things that came up during her presentation at Town Hall . First , has to do with FMLA ( Family Medical Leave Act ) . You can take an intermittent leave and you ' re allowed a total of 12 weeks a year. What she needs to find out is if you only need to take an hour off in one week , does that count as an hour or a week toward those 12 weeks . Second , has to do with the requirement of a Dr. ' s note if you are out 3 or more consecutive days . Judy stated that this is not something that she will severely police , but it helps to make sure that people are calling in to their supervisor and also gives her a heads up that this may be heading towards a disability claim . Judy also made a clarification in regards to the percentage amount a retiree has to pay towards Health Insurance . The manual does not specifically state that it is service time with the Town or service time in the Retirement Service . It is service time with the Town , not in the Retirement System , Bill Lesser, making reference to the Drug Policy, asked if we provide any training or assistance to supervisors in relation to the part that reads , "The employee ' s supervisor can also prevent an employee from performing a safety sensitive activity if, based on the employee ' s speech , statements , behavior, conduct or appearance , the supervisor determined he/she appears to be a safety threat to him/herself or others" . He believes this could be construed as a very serious matter if you go up to some one and say, "you don 't look all right to me" . Judy said that under the CDL there is some drug and alcohol training that everyone has to go through that tells you what to look for. It hasn 't been a problem up to this point , but maybe we should look into additional training . Adjourned : 2 : 20pm 4 take Intermunicipa� BOLTON POINT °00 TO : Judy Drake PHR Wa FROM : Larry Parlett SYSTEM � TMACA , N� DATE : March 12 , 2003 RE : January 15 , 2003 Personnel Committee Meeting Minutes Needed Addition/Change for page 2, paragraph 2 Presently it states : "Larry Parlett distributed a Physician ' s Statement form he found on the New York State Department of Motor Vehicles website (attached) . The form is used when a person applies for a license and has indicated on the application that they have been or are being treated for a medical condition. " Please change to : "Larry Parlett distributed an excerpt summarizing case law (Roe v . Cheyenne Mountain Conference Resort, CA 10 , No . 96- 1086, 1997) , (attached) in which both a district court and a court of appeals agreed that any policy of an employer which requires employees to reveal the prescription drugs they use could force them (the employee) to disclose a disability, in violation of the ADA ' s prohibition against employers inquiring whether an employee has a disability. In essence, a blanket policy requiring employees to report all medications is a violation of the Americans with Disabilities Act. He noted that the excerpt did state however that employers may inquire about what medication employees in safety-sensitive jobs are taking and how that medication may affect their work performance . This information was found on www. busin.ess . com (a business search engine on the internet) Mr. Parlett noted that if driving vehicles were considered safety-sensitive, supervisors probably are not qualified to make the decision whether a particular prescription medication, or combination of medications would impair an employees driving ability. Mr. Parlett noted that on the back of his handout was a New York State Department of Motor Vehicles form "Physician ' s Statement, MV 80" used by a physician to state that a given treatment or medication would not impair the individual from driving . " Needed Addition/Change for page 3 , paragraph 3 Presently it states : Larry Parlett pointed out the Family and Children ' s Services is an arm of the Child and Adult Protective Service . They can use their discretion to report you to these agencies if they believe you are not able/stable to take care of your children . Please change to : Larry Parlett pointed out that the Family and Children ' s Services is the local arm of Child and Adult Protective Services . Discussions with any of their staff may result in the decision being made for our employees dependents to be taken into their custody for up to 24 hours at which time a Judge will decide if the dependents are returned to the employee or turned over to the State of New York ' s foster care program . " There was some discussion . . . . . t TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF MAY 2003 MONTII 1' I ;\ R TO DATE TYPE - PERMIT YEA ? OF PERMITS AMOUNT = AMOUNT SIN AMILY 2003 4 6787000 14 2,336,500 IRIS . ' ES 2002 0 0 3 318,000 2003 1 225,000 3 600,000 Two FAMILY RESIDENCES 2002 1 300,000 2 395,000 2003 2 559896 6 1041460 R1_ NOV .ATIONS 2002 2 89134 10 116,834 2003 0 0 0 0 CONVERSIONS OF USE 2002 0 0 3 357829 2003 0 0 3 93 ,090 ADDITIONS TO FOOTPRINT 2002 3 95 ,937 3 95,937 2) 003 0 0 0 0 MULTIPLI RESIDENCES 2002 12 1 ,831 ,925 15 31031 ,925 2003 0 0 1 11300,000 BUSIN' FSS 2002 3 2527000 8 19767,800 2003 0 0 0 0 AGRICULTURAL 2002 0 0 0 0 2003 0 0 0 0 INDUSTRIAL 2002 0 0 0 0 I CU telecom room alterations 22,000 1 IC Cerracche Building art/classroom renovations 31 ,500 1 IC Roy H. Park Building classroom renovations 60,000 1 IC Landon Hall sprinkler system retrofit 99,200 1 IC Bogart Hall sprinkler system retrofit 99,200 1 IC Clarke Hall sprinkler system retrofit 99,200 1 IC Lyon Hall sprinkler system retrofit 99,200 1 IC Eastman Hall sprinkler system retrofit 99,200 2003 8 609,500 9 6239500 EDUCATIONAL 2002 1 7807000 3 31662,000 1 16 x 36 inground pool 12,600 1 24 x 24 attached garage 57000 1 32 x 40 horse bam 27,000 1 Above ground swimming pool 2,943 MISCELLANEOUS 2003 4 47,543 13 1169543 CONSTRUCTION 2002 12 607000 12 170,800 TOTAL NUMBER OI 2003 19 11615 ,939 49 571747093 PERMITS ISSUED 2002 124 3,327,996 59 9,594, 125 TOTAL FEES 2003 119 21845 49 87815 RECEIVED 2002 24 53955 59 13 ,060 Date Prepared : June 3 , 2003 Dam L. Hollord Building/Zoning Department Secretary t May 2003 , Page 2 i TOTAL CERTI rICATES OF OCCUPANCY ISSUED THIS iN1ONTH - 24 1 . 136 Troy Road - new single-family home with attached garage. 2 . 216 Northview Road West - building additions and renovations. 3 . 1439 Trumansburg Road - new four bedroom home. 4. 179 Lexington Drive - outside wood deck and screened porch. 5 . 1259 Trumansburg Road (PRI) - Museum of the Earth building addition - temporary. 6. 3 Peachtree Lane - new 3 bedroom modular home. 7. 9 Peachtree Lane - new 3 bedroom modular home with attached garage. 8. 132 Northview Road - existing two-family home. 9. 16 John Street - new three bedroom home. 10. 204 Cypress Court (Linderman Creek Phase 11) - new 8 unit multiple dwelling - temporary. 11 . 206 Cypress Court (Linderman Creek Phase II) - new 8 unit multiple dwelling - temporary. 12. 104 Enfield Falls Road - new family room addition. 13 . 118 Judd Falls Road - 522 sq ft first floor building addition. 14. 1519 Slaterville Road - 40 foot ± pedestrian footbridge. 15 . 205 Cypress Court (Linderman Creek Phase 11) - new 8 unit multiple dwelling - temporary. 16. 2 Saunders Road - single-family modular with attached garage - temporary. 17. 1077 Taughannock Boulevard - new single-family home. 18. 201 Cypress Court (Linderman Creek Phase II) - new community building and office - temporary. 19 . 1259 Trumansburg Road (PRI) - Museum of the Earth - temporary. 20. 115 Kings Way - add apartment above garage. 21 . 926 East Shore Drive - renovations to single-family home (original permit issued 1988). 22 . 109 Summerhill Plaza - new 7 unit multiple dwelling - temporary. 23 . 2 Saunders Road - single-family modular with attached garage - final certificate. 24. 116 Summerhill Plaza - 7 unit multiple dwelling with attached garages - temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2003 - 79 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2002 - 73 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 4 1 . 887 Taughannock Boulevard - building code - no violation found. 2 . 1319 Mecklenburg Road - building code - no violation found. 3 . 606 Elmira Road - other - abated. 4. 203 Bostwick Road - fill - pending. From April 2003 : 1 . 209 Tareyton Drive - property maintenance - abated. 2. 803 Coddington Road - property maintenance - pending. 3 . 215 Warren Road - fence/zoning - pending. From November 2002 : 1 . 329 Winthrop Drive - occupancy - enforcement deferred by ZBA until 6/30/03 . From December 2000 : 1 . 172 Calkins Road - property maintenance - (partially abated) - limited timeframe agreed to for complete abatement. From Mav 1995 : I . 1152 Danby Road - zoning and building code - legal action pending - Building Permit applied for corrections. May 2003, Page 3 1 'DOTAL COMPLAINTS INN ESTIGATED YEAR " O DATE. 211111 - 1 I T :XL COMPL,UNTS I -' \ - ESIIGATED YEAR TO DATE . 2002 - 13 L FIELD VISITS THIS MONTH - 91 Building Code - 80 wand Zoning Inspections - 10 Fire Safety - 1 ( 1 multiple dwelling [4 units]) Fire Safety Reinspections - 0 Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE. 2003 - 400 TOTAL FIELD VISITS YEAR TO DATE, 2002 - 372 TOTAL SIGN PERMITS THIS iYIONTH - 0 TOTAL SIGN PERMITS YEAR 'TO DATE. 2003 - 3 TOTAL SIGN PERN,IITS YEAR TO DATE, 2002 - 4 ZONING BOARD OF APPEALS 1 MEETING, 2 CASES, AGENDA ATTACHED r p 1 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 19, 2003 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, May 19, 2003 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. , on the following matters : APPEAL of David Hall, Appellant, Thomas Bell, Owner, requesting modification of a previously granted variance from the requirements of Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance, to be Granted permitted to conduct retail sales to walk-in customers from a commercial building located at 614 Elmira Road, Town of Ithaca Tax Parcel No . 33 -3 -2 . 42 , Light Industrial District. Retail sales are not permitted in said district. APPEAL of Bonnie Mathers, Appellant, requesting authorization from the Zoning Board of Appeals under Granted Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to construct a two-story garage with storage area on a non-conforming building lot located at 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2-9, Residence District R- 15 . Variances from Article IV, Sections 13 and 14 are also requested to permit an accessory building with a height of 22 + feet ( 15 foot height limit), with side yard building setbacks of 4 ± feet ( 10 foot minimum required) and a location in front of the principal building (in the front yard). Said Zoning Board of Appeals will at said time, 7 : 00 p. m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : May 9, 2003 Published : 12 , 2003